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HomeMy WebLinkAbout05/20/2025ER co\ ORIPi COUNTY COMMISSIONERS Joseph Flescher, District 2, Chairman Deryl Loar, District 4, Vice Chairman Susan Adams, District 1 Joseph H. Earman, District 3 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MAY 20, 2025 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Sheriff Eric Flowers 3. PLEDGE OF ALLEGIANCE County Attorney Jennifer Shuler 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating May 17th Through May 23rd As National Safe Boating Week Attachments: Boating Safety 5.B. Presentation of Proclamation Designating May 2025 As National Tourism Month Attachments: National Tourism Month 5.C. Presentation by the Indian River County Chamber of Commerce Regarding Tourism Month 6. APPROVAL OF MINUTES May 20, 2025 Page 1 of 6 1 6.A. Regular Meeting Minutes of March 11, 2025 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Environmental Land Acquisition Panel Vacancy Attachments: 250507 Jeff Beal Email Resignation 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA 9.A. Children Services Advisory Committee: De -obligation of Funding for Salvation Army FY 2024-2025 Attachments: CSAC Approved Program Funding FY 24-25 June 2024 Staff Report - CSAC Recommended Program Allocations Salvation Army Letter The Salvation Army of Indian River Grant Contract FY24-25 9.B. Master Agreement to Reimburse Property Appraiser for Non -Ad Valorem Assessment Costs Attachments: 2025 05 05 IRC Property Appraiser Reimbursement Agreement js.docx 9.C. Agreement to Reimburse Tax Collector for Waters Edge Non Ad Valorem Assessment Costs Attachments: IRC Tax Collector Reimbursement Agmt Waters Edge 9.D. Agreement to Reimburse Tax Collector for Universal Solid Waste Non Ad Valorem Assessment Costs Attachments: SWDD - IRC Tax Collector Reimbursement Agreement Waste Collection.pdf 9.E. Drainage Easement for Ganbin/Jackson Eminent Domain Settlement Attachments: 221280122 Final Judgment 221640841 Amended Final Judgment 221280122 Order 20250430 Respondent Only Signed Drainage Easement Agmt 9.F. Updated RX Benefits Administrative Services Agreement Effective October 1, 2024 and Exhibit A - Pricing Addendum Effective January 1, 2025 Attachments: RXBenefits ASA effective 10.1.2024 Pricing Addendum Savings Analysis May 20, 2025 Page 2 of 6 Z 9.G Florida Department of Transportation's SRAIA Bridge Replacement and Indian River County's Artificial Reef Program Attachments: LFA Funding Resolution.docx FDOT Local Funding Agmt Coastal Conservation Assoc Florida Ltr of Support. Exhibit A CCA CCA LFA Artificial Reef 9.H. Release of Retainage for Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project (IRC -2318) Attachments: SECTION 00632—Cert of Project Completion Change Order No 2318-1.pdf Coastal Tech Recommendation of Payment.pdf Sector 4 Pay App No 2318-6.pdf 9.I. Work Order No. 2018029-13 - APTIM Sector 5 Pre -Construction and Engineering Services Attachments: APTIM Work Order No 2018029-13 Work Order No 2018029-13 Agreement Execution 9.1 Extension of the Transit Service Agreement, Transit Administration Facility Lease, and Main Transit Hub Sublease with Senior Resource Association Attachments: 2018 Service Agreement Service Agreement Extension Lease Admin Facility Admin Facility Resolution SRA Sublease for Main Hub Transit Hub Resolution 9.K. Interlocal Agreement with the City of Vero Beach for Canal Clearing at the Jackie Robinson Training Complex (JRTC) Attachments: Exhibit A 5 6 2025 Canal Clearing Exhibit B_5_6 2025 Revised 2025 Interlocal Agmt IRC -VB re Canal Clearing 9.L. Local Option Gas Tax Distribution Percentages Attachments: LOGT 2025 Chart Final 9.M. Work Order No. 20 Kimley-Horn & Associates, Inc. 1st Street SW & 27th Avenue Intersection (IRC -1231) Attachments: I RC -1231 KHA W020 20250520 May 20, 2025 Page 3 of 6 3 9.N. Approval for Purchase of Fire Station Cabinets Attachments: IRCFD STATION 2 ESTIMATE TKT 410009 Cabinets for Stations layout FIBEALUMNCABINETSPATTON 9.0. Approval of Agreement for Upgrade to Public Safety Land Mobile Radio Network 9.P. Florida Fish and Wildlife Conservation Commission Manatee Speed Zone Rule Review Committee Request Attachments: 2025 LRRC App 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 11. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC NOTICE ITEMS 12. COUNTY ADMINISTRATOR MATTERS 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources G. Office of Management and Budget H. Parks, Recreation, and Conservation I. Planning and Development Services 13.I.A. Oslo Road Corridor Study - Recommendations for Urban Service Boundary (USB) Expansion and Corridor Planning Attachments: Oslo Corridor Recommendation Report J. Public Works 13.11 Consideration of a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area Attachments: I RC -2308 —MEM—AH-TO-AJ-042925 IRC-2308_OSLO_MSBU_STAFF_MEMO With Survey Results May 20, 2025 Page 4 of 6 4 K. Sandridge Golf Club L. Utilities Services 14. COUNTY ATTORNEY MATTERS 14.A. Demolition Lien Reduction - 4541 38th Court, Vero Beach, FL 32967 Attachments: 2015 Lien QCD dtd 12.044.2024 Wild to Tiene OR3742 PG886 14.B. Resolution Merging Public Safety Coordinating Councils Attachments: 2025 05-05 Resolution - PSC-CJMHSA - final js(cm) Resolution 93-220 Resolution 2016-101 14.C. Interlocal Agreement regarding the Humiston Boardwalk Project Attachments: 2025 Interlocal Agreement IRC -VB re Humiston Project js PDF 15. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Deryl Loar, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 16.B.1. Approval of the SWDD Meeting Minutes of January 28, 2025 16.B.2. Approval of the SWDD Meeting Minutes of February 11, 2025 16.B.3. Approval of the SWDD Meeting Minutes of March 11, 2025 16.B.4. Amendment No. 1 to Work Order No. 2 to Jones Edmunds for 74th Avenue SW Widening Project Attachments: Staff Report & Jones Edmunds W02 - 2025-05-07 Amend No 1 to WO No 2.pdf 16.B.5. Work Order No. 8 to Geosyntec for Preparation of Air Operation Permit Including Visible Emission Testing Attachments: Title V Air Operation Permit Proposal C. Environmental Control Board May 20, 2025 Page 5 of 6 5 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.,gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on the County website under IRCTV and the Cablecast Streaming App, available for download on iOS App Store, Google Play Store, ROKU, Fire TV, and Apple TV. Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5: 00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 20, 2025 Page 6 of 6 11 Indian River County, Florida MEMORANDUM File ID: 25-0487 Type: Presentation / Proclamation TO: The Honorable Board of County of Commission THROUGH: Chairman Joseph E. Flescher, District 2 Commissioner FROM: Ashley Brown, Commissioners Assistant, District 2 DATE: May 20, 2025 5-� Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Presentation of Proclamation Designating May 17th Through May 23rd As National Safe Boating Week STAFF RECOMMENDATION Recommend Read & Present Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by Legistarn' 7 Proclamation DESIGNATING MAY 17TH THROUGH MAY 23 d AS NATIONAL SAFE BOATING WEEK IN INDIAN RIVER COUNTY -Whereas, for millions of Americans, including residents of Indian River County, boating continues to be a popular recreational activity; and -Whereas, during National Safe Boating Week, the U.S. Coast Guard and its federal, state, and local safe boating partners encourage all boaters to explore and enjoy America's beautiful waters safely and responsibly; and E -Whereas, safe boating begins with preparation through basic Boating Safety Training, on procedures and equipment, as well as outing planning and preparation; and -Whereas, on average, 650 people die each year in boating -related accidents in the United States and it is estimated that the vast majority of these accidents are caused solely by human error or poor judgerrient and not by the boat, equipment, or environmental factors; and -Whereas, a significant number of boaters whose lives were lost by drowning would still be alive today if they had worn their life jackets. Now, 'Pherefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCorida, we hereby proclaim the week of May 17th through May 2311, 2025 as "NATIONAL SAFE BOATING WEEK" and encourage safe boating year-round. We encourage all citizens to practice safe boating habits and wear a life jacket at all times while on the water. Adopted this 20th day of May 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Joseph H. Earman Susan Adams Laura Moss Indian River County, Florida *roA s MEMORANDUM File ID: 25-0572 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Presentation / Proclamation Meeting Date: 5/20/2025 TO: The Honorable Board of County Commissioners THROUGH: Commission's Office FROM: Ashley Brown, Assistant to Chairman Joseph E. Flescher, District 2 Commissioner DATE: 05/08/2025 SUBJECT: Presentation of Proclamation Designating May 2025 As National Tourism Month STAFF RECOMMENDATION Read & Present Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered byLegistarw, 9 ProcCamatt'o'm DESIGNATING MAY 2025 AS NATIONAL TRAVEL & TOURISM MONTH -Whereas, the tourism and travel industry plays a critical role in Indian River County, the State of Florida, and the nation's economic prosperity, with 142.9 million people visiting Florida in 2024, generating over $2.36 trillion in national economic impact and $127.7 billion in direct spending in Florida alone; and i -Whereas, tourism supports more than 2.1 million jobs statewide and over 10,000 in Indian River County, generating $17.1 billion in state and local taxes, with each visitor contributing an average of $118 per day; and -Whereas, approximately 80% of travel -related businesses are small businesses, many of which rely on tourism marketing, with visitors contributing an average of $359 million per day to Florida's economy; and -Whereas, the tourism industry powers key infrastructure and attractions in Indian River County, including beach renourishment, the Jackie Robinson Sports Training Complex, regional sports, ecotourism, and year-round special events; and -Whereas, Visit Indian River County, the tourism division of the Indian River County Chamber of Commerce, has partnered with the Board of County Commissioners for over 35 years to promote tourism and support local economic development; and -Whereas, tourism and travel are essential to the County's economic health and quality of life and supports its continued protection and promotion. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, we recognize May 2025 as National Travel and Tourism Month in Indian River County, Florida, and encourage all citizens to recognize the critical role this industry plays in our community and across the State of Florida. Adopted this 20th day of May, 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Joseph H. Earman Susan Adams Laura Moss 5-�, Indian River County Indian River County Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * indianriver.gov ioA MEMORANDUM File ID: 25-0573 Type: Presentation / Proclamation Meeting Date: 5/20/2025 TO: The Honorable Board of County Commissioners THROUGH: Commission's Office FROM: Ashley Brown, Assistant to Chairman Joseph E. Flescher, District 2 Commissioner DATE: 05/08/2025 SUBJECT: Indian River County Chamber of Commerce Tourism Month Presentation STAFF RECOMMENDATION Present PowerPoint Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by Legistarl' 11 .k Economic Impact of Tourism in Indian River County *reporting is on 2023 final numbers/202,, . !t be available in early 202: Presented by Ben Eormon, VP of Tourism & Allarhetirqq May 20, 2025 RN' L -t C H E�A N ---0UNTY, FL""' RE " F E L U-1 What is a Visitor? iles toSomj 1 ,0 nil eone who comes $�rom over � from their common evening location. Stayed for more thon two hours • Visited at least one P01 inthe County. Ben Earman, VP of Tourism & Marketing(INDIAN bearman@visitindionrivercounty.com !"!,'COUNTY, RIVER Local IRC Visitor Spending Accoi ding to Zortico & Visit Floi 0 it . In visitor spending comparea to 2022 Avera i' '#eIndividual Visitor Ben Earman, VP of Tourism & Morhetingl bearman@visitindionrivercounty.com .J DIAN RIVER COUNTY, FL Lips! IRC Econom ic Impact to Rochpoi - alytics, Bureau of Economic Analysis and Visit Florida (year 2023) Local & State Taxes I I :Ing to Visit Florida & State of Florida Governors Office (yea $1 ?91 U is #iovv much Florida residents saved in toxes in 2023 due to Tourist Tax, Ben Earman, VP of Tourism & Marketingi bearman@visitindionrivercounty.com $ Aoftk 9 is U is iovii much F.10h-do residents pay In State inc otne 7 -ax. "Florida is one of only nine states with no state income tax v4zt- INDIAN RIVER COUNTY, FL V -,JUNTY, FL'-, F E L LSMERE Discover Indim RlverCounly— MI M DigitalAds -Dc.,tcj&A(f,jc, OLI,)bet23"�2024-APrit30lh,2025 DISPLAY PROSPECTING META v PF• rint Ad,vertisements � z4,2$, (I f�-,v ('t Vl;,�i,, ;1;1;cnrr, i!r ( uigns, all designed in house BREATHTAKING, DIAN RIVER N L PICTURESQUE COUIN, y CHILLN txi SERENE. DISCOVER WHY? INSPIRE VISITN Dit, N RNERCOUt4TY.0 0,11 . excitin unique It's more than a beach town... &1361do www.Visit1odianRjv COMESEXw"Y' INDIAN RIVER COUNTY Di-- 26M2 ,f I Ej, fnspi,ed by All I C I G11L t m I Ell C111111 ...... tcc f3e., "non, vF1 f).f I" Mori 11 I�N RUER i C Vi S iflodiadiverCounty.co M �DIAN PIVER becu JfflfV(1tC0L111ty.00W .,'IVW.VISITINDIANRIVFRCOUNTY.COM L Discover Indim RlverCounly— MI M DigitalAds -Dc.,tcj&A(f,jc, OLI,)bet23"�2024-APrit30lh,2025 DISPLAY PROSPECTING META low W 1"r 1W 1W 1W 1W Aw. IC New Tourism Maps & Destination Guide BEACHSIDE MAP MAINLAW; MAP INUA � 0CFAN Ak, I C11 I! P(ELLSN=44 A9X NORTHERN INEXAN RIVER COUNTY. INDIAr-1 RMER. Top 10 SlighIm in India n Rorer ni­ry: Hor; to Spend 4 Mys I Events and Festivals Lodging Guide I City & Courcy Parlez Glide Visit Indian _ -River County is now Award Winning! St Place in Website Design -Overall Best of Show in Marketing for Organizations with $5001(-$2PA -Best CVB Communications /Marketing iateriat for the 2023/2024 Visitors Guide 2024 CYB "S" IT'"'ETING MATERMLI; (Ronda Association of Chamber Professionals) S500'000�aU"`R fil MIitiOn Indian First time for Visit Indian River County Chealb. First county *, Official "fe, r commerce "ow."Thank You! VisitindionRiverCounty.com Joseph E. Flescher Chairman District 2 Deryl Loar Vice Chairman District 4 BOARD OF COUNTY A TRUE COPY 5, p COMMISSIONERS CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK , 1AD1arras ar_C ftelV) Susan Adams May 20, 2025 The Honorable Steve Womack, Chair Transportation, Housing and Urban Development, and Related Agencies 2358-A Rayburn HOB Washington, DC 20515 Dear Chairman Womack and Members of the Subcommittee, District 1 Joseph H. Earman District 3 Laura Moss District 5 The Board of County Commissioners for Indian River County, Florida, appreciate the tireless energy that Representative Mike Haridopolos (District 8) devotes to issues important to our citizens. We are proud to call him our congressman. We are writing in support of the member community project appropriations request submitted to your subcommittee by Representative Haridopolos. This funding will jump start the development of a Fellsmere Public Library and Community Resource Center in the rural section of our county known as Fellsmere, taking a community dream to the beginning of the planning, engineering and design phase. The City of Fellsmere is a historically underserved rural community facing significant barriers to broadband access, workforce development, veteran services, and coordinated social support. This project would directly address those gaps, helping foster economic development, community resilience, and equitable access to critical resources. The benefits to the Fellsmere community are expected to be far-reaching and broad in scope. The Public Library/Resource Center is envisioned to offer an Economic Development component to include expanded workforce training, entrepreneurial development, and job placement services. This facility will foster 21St -century skills, creativity, and workforce readiness through digital innovation spaces, advancing Innovation and Technology Engagement. It is envisioned that the Center will serve as a hub for Veteran Services providing improved local access to benefits, outreach, and healthcare navigation. Families will benefit through a network of integrated nonprofit and governmental services designed to strengthen the stability of the family unit. This highlights just a few of the benefits a project like the one proposed can bring to a community like Fellsmere through community collaboration, community -driven initiatives and agency and government partnerships. 1801 271h Street, Building A Vero Beach, FL 32960 (772) 226-1490 The Honorable Steve Womack, Chair Page 2 May 20, 2025 STATE OF FLORIDA INDIAN RIVER COUNTY THIS 1 TO CERTIFY THA#TM A T AND CORRECT THE OR N OFFICE. AN L BYD.C. DATE _\ 7s- ,0"-d ' Indian River County requests your support of this request. Sincere regards, eph Flescher, Chair ndian River County Board of County Commissioners Cc: Deryl Loar, Vice Chairman Susan Adams, Commissioner Joseph Earman, Commissioner Laura Moss, Commissioner John Titkanich, Jr., County Administrator 1801 271h Street, Building A Vero Beach, FL 32960 (772) 226-1490 t 0 N ��ItiOJ� Vt rD rD 2_ rD rD Ln 3 �, I m Q . Ln rD Ln — Ln rD to O r -t rD rD 3 �- Ln Ln rD - Ln rD' EU O O cr un w c — O C --+ :3 Ln Ln un cn cry O cr Q O Z3 —' to m O rD O m rD t 0 N ��ItiOJ� rr7 r" to 0 • Ulorq � r�-P R M r Ul �.. rrt � rZ l< '"'i Ln z (D rr-r LnrD C � n r (D Cu (-D r (D V) O � --�, 0 th < Ln Q E .o n � O Ln Q 0 Ul (D O n r --h to 0 �(� ...JILL.. . . ^` . > F -7M ~ , . � \ \ r -t . y � © 2 �� . » . ® � ~\ r �: . rte.. 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(D rl+ c cul CL (D (D iD (D (D (D, aj LA CU (D 0 P,- I (),j 0 I El vi,v 1:1 0 0 OIJ (D (D O V1, CT Ro --h LA C)7 -r C. oq El vi,v 1:1 0 0 OIJ Indian River County, Florida * * MEMORANDUM �ORI04' File ID: 25-0552 Type: Minutes TO: The Honorable Board of County Commissioners THROUGH: Clerk to the Board FROM: Shauna James, Recording Secretary DATE: May 05, 2025 SUBJECT: Regular Meeting Minutes of March 11, 2025 STAFF RECOMMENDATION Approve Indian River County, Florida Page 1 of 1 b14 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 Printed on 5/15/2025 powered by LegistarTM' 12 . s i Indian River County, Florida * * MEMORANDUM �ORI04' File ID: 25-0568 Type: Informational Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney FROM: Christina Moore, ACP, Legal Assistant DATE: May 7, 2025 SUBJECT: Environmental Land Acquisition Panel Vacancy BACKGROUND 7R Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 On April 25, 2025, Jeff Beal submitted his resignation as one of two at large Natural Resources representatives to the Environmental Land Acquisition Panel Committee. Jeff Beal's term expires in January 2027. Anyone interested in serving on the Environmental Land Acquisition Panel Committee, and meeting the requirements for the Natural Resources representative, will need to submit an application and resume to the Board of County Commissioners. Application forms can be accessed online at hMs://ircgov.granicus.com/boards/fonns/231/4pply. STAFF RECOMMENDATION Announce Vacancy Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by LegistarT" 13 From: Jeff Beal <jbeal@ducks.o7g� send; it 25 20 r Vol. Kim Moirano <kmoirano@l d river gov>; Wendy 5windeg <rswhidell@Indianriver o; To Mees, Tim <tim.towles@MyFWC.com>; Roland m DeBlois <debloisr@comcast.net> - Subject: ELAP position change Oil '19M, NNAN, NNW Alt -I've spoken with Wendy and Tim about my recent purchase of a hone in Martin:C ounty Sadly, movf V precludes my direct involvement on FLAP. I've talked with my current landlord In Indian River County about my lease and he's agreed to advertise the property once I move out my things so r'#i be doing that very soon. Tim has expressed willingness to replace me on ELAP should he be approved. He has extfve knowledge and experience with FWC Landowner Assistance Program and I highly recommend him for the post. He's keenty aware] of habitats, properties, and some property owners in the county. Please advise him on the application process movingforward. My schedule with moving and work related travel has gotten difficult. For example, l ittt`avel'the week of the next ELAP meeting and am very sorry to miss it. I'll try to make the June meeting (as a memberof'the public should the transition be complete). I've thoroughly enjoyed being a part of this great effort and I'll continue to assist indirectly as related to my job with DU in which we focus on partnering for acquisitions and wettand restoration. Thanx so much for tetting me be apart and I took forward to hearing about preservation in IRC. Sincerer► Jeff Beat Florida Regional Biologist 5600 US 1 N Ft. Pierce, Fl - 772.302.0774 L772.302.0774 14 Indian River County, Florida MEMORANDUM File ID: 25-0544 Type: Consent Staff Report TO: The Honorable Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director FROM: Megan Kendrick, Human Services Administrator DATE: May 20, 2025 %A Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Children Services Advisory Committee: De -obligation of Funding for Salvation Army FY 2024-2025 BACKGROUND On April 9th, 2024, the Board of County Commissioners approved FY 2024/2025 funding for Children's Services in the amount of $3,149,351, with up to $207,522 for administrative expenses and up to $2,941,829 in Children's Program expenses. After allocating funding to 47 programs, there was a remaining balance of $128,810, which was recommended to be used for future needs that serve children and families in FY 2024/2025. ANALYSIS For the fiscal year 2024-2025, The Salvation Army was awarded $10,000 for the After School Music Education for Children & Youth program. On February 10, 2025 the agency formally notified the Children's Services Advisory Committee (CSAC) of its decision to terminate the program contract, resulting in the de - obligation of the grant funding. BUDGETARYIMPACT Funding, in the amount of $10,000, will be reallocated from the General Fund/Children's Services/Salvation Army -After School Music account, number 00112869-088816, to the General Fund/Children's Services/Reserve for Contingency account, number 00112869-099910. PREVIOUS BOARD ACTIONS On April 9th, 2024, the Board of County Commissioners approved FY 2024/2025 funding for Children's Services in the amount of $3,149,351, with $10,000 Allocated to Salvations Army's Afterschool Music Program STRATEGIC PLAN ALIGNMENT Quality Of Life Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by i_egistar'� 15 STAFF RECOMMENDATION Staff recommend the Board de -obligate funding to The Salvation Army for the After School Music Education for Children & Youth program in the amount of $10,000 and preserve the finds in Reserve for Contingency for future needs. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by LegistarTTM 16 $ 2,813,019.00 17 AgencyName Big Brothers Big Sisters of St. Lucie County Program Name Community-Based Mentoring FY25 $ Funding No 15,000.001 Big Brothers Big Sisters of St. Lucie County Passport to Early Literacy $ 85,000.00; Boys & Girls Clubs of Indian River County Project Learn (After School & Summer Program) $ 50,000.00 Catholic Charities of the Diocese of Palm Beach, Inc. Samaritan Center $ 38,850.00 Childcare Resources of Indian River Children in Centers $ 350,000.00 Childcare Resources of Indian River Community& Family Services $ 220,100.00 Children's Home Society of Treasure Coast Dodgertown Elementary, a Community Partnership School $ 58,815.00 Crossover Mission, Inc. Healthy Kids $ 65,000.00 Crossover Mission, Inc. Accelerate My Potential (AMP) $ 65,000.00 Early Learning Coalition of Indian River, Martin and Okeechobee Emergent Literacy: Developing Expert Pre-Kindergarten Teachers $ 45,000.00 Feed the Lambs Enrichment Program, Inc. Feed the Lambs After School Tutoring Program $ 12,000.00 Feed the Lambs Enrichment Program, Inc. Feed the Lambs Enrichment Program Summer Camp $ 18,000.00 Gifford Youth Achievement Center, Inc. Youth Employability Program (YEP) $ 7,500.00 Gifford Youth Achievement Center, Inc. After School Education Program $ 65,500.00 Gifford Youth Orchestra Staging for Success $ 45,000.00 Helping Hands Program of South County Helping Hands School Year Program $ 15,000.00 Helping Hands Program of South County Helping Hands Summer Program $ 10,000.00 Hibiscus Children's Center, Inc. SafeCare - Parenting Education Home Visitation Program $ 35,000.00 Indian River County Healthy Start Coalition Coordinated Intake and Referral / PEPW $ 20,000.00 Indian River County Healthy Start Coalition Babies and Beyond $ 62,650.00 Indian River County Healthy Start Coalition Care Coordinaton - Doula Services $ 58,000.00 Indian River County Healthy Start Coalition Fatherhood Program $ 15,000.00 Indian River County Healthy Start Coalition Healthy Families IRC $ 50,000.00 Indian River County Healthy Start Coalition Nurse Family Partnership $ 15,000.00 Indian River County Healthy Start Coalition Parents As Teachers $ 116,450.00 OCP Community Outreach, Inc. Purpose Driven Youth $ 30,000.00 Pelican Island Audubon Society Audubon Advocates after-school lagoon science program $ 25,000.00 Redlands Christian Migrant Association Enhancing infant and toddler care in Indian River County $ 75,500.00 Redlands Christian Migrant Association RCMA SRMAT Early Care and Education Program $ 50,000.00 Safe Families for Children Safe Families for Children -Treasure Coast $ 25,000.00 Substance Awareness Center of IRC Inc. Prevention Works! $ 180,000.00 Sunshine Physical Therapy Clinic School Readiness through Occupational and Speech Therapies $ 40,000.00 The Buggy Bunch, Inc. Thriving Families $ 25,000.00 The Hope for Families Center HFC Shelter Program Children's Enrichment Initiatives $ 39,654.00 The Learning Alliance Moonshot Families Early Learning Programs $ 50,000.00 The Learning Alliance Moonshot Academy $ 370,000.00 The Motivational Edge, Inc Bridging Hope $ 15,000.00 The Salvation Army of Indian River After School Music Education for Children & Youth $ 10,000.00 Treasure Coast Girls Coalition Inc Seeds of Change STEAM Pathway $ 30,000.00 Tykes &Teens, Inc. Trauma Informed Care $ 75,000.00 Willis Sports Association, Incorporated WSA RBI: Reviving Baseball in Inner Cities League $ 35,000.00 Willis Sports Association, Incorporated WSA-RBI : Fun at Bat $ 50,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Parent Aide $ 9,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Pre-Apprenticeship $ 13,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Summer Enrichment Program $ 12,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Youth Guidance Afterschool Program: Pathways $ 66,000.00 Youth Sailing Foundation of Indian River County, Inc. Junior Learn to Sail Program $ 50,000.00 $ 2,813,019.00 17 Departmental Item Indian River County, Florida Community Services Department Board Memorandum Date: June 18, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Megan Kendrick, Human Services Manager Subject: Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 24/25 BACKGROUND On February 16, 2024, the County issued a Request for Proposals (RFP) inviting not-for-profit and for-profit organizations, government agencies, and individuals to apply for funding to support children's programs and services in Indian River County. This grant program is administered by Indian River County with assistance from the Children's Services Advisory Committee (CSAC), consistent with Ordinance Number 2022-007 and the County's Outside Agency Funding Policy Revisions approved by the Board on August 4, 2022. In response to the RFP, the County received 56 proposals requesting a total of $3,452,939.14 in funding. All 56 proposals can be found on The Children's Services Webpage. Over the past 10 months, staff have collaborated with the CSAC Main Committee, the Needs Assessment Subcommittee, and the Grants Subcommittee to refine the RFP process. The goal is to ensure the needs of the children and families in our community are being met, to provide agencies with professional development and coaching to develop strong RFPs, to establish clear measurable outcomes for agencies, to analyze and share impact reports with the public, and to increase transparency throughout the process. Below is a timeline of the work that has been done to improve the RFP process by enhancing accountability and impact. RFP Timeline: November - January • Staff collaborated with the Needs Assessment Committee to develop the comprehensive 2024- 2027 Needs Assessment Plan. January • Staff developed the RFP Scoring Rubric based on the needs identified in the Needs Assessment Plan. February • Staff offered an RFP walkthrough to all interested agencies. • Staff provided individualized RFP support to all interested agencies. • Staff provided professional development for budget planning and performance accountability 18 Departmental Item to all interested agencies. • RFP Application for FY 24/25 opened to all agencies. March • Staff provided professional development on research -based program design and evaluation. April - May • Application closed. • CSAC Grant Subcommittee reviewed and scored 56 program applications using the RFP Scoring Rubric. • Staff provided individualized presentation preparation to all interested agencies. May - June • May 30, June 5, and June 6: CSAC Grant Subcommittee held grant presentations for all 56 programs. • June 7: CSAC Grant Subcommittee deliberated and voted on FY 24/25 CSAC Funding Recommendations. • June 14: CSAC Main Committee reviewed the recommendations and voted to approve the CSAC Grant Subcommittee Recommendations. Funding Recommendation Process: On April 9t', 2024, the Board of County Commissioners approved FY 24/25 funding for Children's Services in the amount of $3,149,351, with up to $207,522 for administrative expenses and up to $2,941,829 in Children's Program expenses. Staff organized programs into the three priorities identified in the Needs Assessment: Health and Well- being, Nurturing Families and Communities, and Success in School and Life. After the CSAC Grant Subcommittee reviewed, analyzed, scored, and heard presentations from the 56 programs, they used the scores from the RFP Scoring Rubric, supporting documentation, and information from the presentations to determine how much funding each program should be allocated. Once the allocation for each program had been decided, the CSAC Grant Subcommittee voted on the total funding recommendation for programs in each priority. The CSAC Grant Subcommittee approved full or partial requested funding for the following programs, per priority: Priority # of Appl. Programs # of Awarded Programs Award Health & Well -Being 10 7 $400,000 Nurturing Families and Communities 14 11 $449,950 Success in School & Life 32 29 $1,963,069 Total Awarded 56 47 $2,813,019 Total Funding Available $2,941,829 Total Funding Remaining $128,810 After allocating funding to 47 total programs, there was a remaining balance of $128,810, with a recommendation that it be used for future needs that serve children and families in FY 24/25. The CSAC Main Committee then approved the Grant Subcommittee's funding recommendation. 19 Departmental Item 20 Departmental Item FUNDING Funding was approved on April 9t', 2024, by the Board of County Commissioners and no additional funds are requested. RECOMMENDATION Staff respectfully recommends that the Board of County Commissioners approve CSAC's funding recommendations for children's programs for FY 24/25 and authorize the County Administrator to execute the 47 program grant agreements after review and approval by the County Attorney for legal sufficiency. Should program funding become available through default, noncompliance, or early termination of an awarded grant program during the fiscal year, staff will bring an item to the Board for approval of an alternative program or service based on the needs of children and families in Indian River County. ATTACHMENTS CSAC Recommended Program Funding FY 24/25 Funding Recommendation Presentation Request for Proposal Grant Proposal Evaluation Rubric AGENDA ITEM FOR July 2, 2024 21 12 Outlook Re: Meeting request for next week 1 From Kelvin Garcia <Kelvin.Garcia@uss.salvationarmy.org> i Date Mon 2/10/2025 6:37 PM To Robert Catapano <rcatapano@indianriver.gov>; Megan Kendrick <mkendrick@indianriver.gov> i CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. j Children's Services Advisory Committee (CSAC) To Whom It May Concern, I am writing to express my sincere gratitude to the Children's Services Advisory Committee (CSAC) for the generous opportunity and for awarding us a $10,000 grant for our music program. We truly appreciate your support and commitment to improving the lives of children in our community. After careful consideration, we regret to inform you that we will not be able to accept the grant, as our program's outcomes do not fully align with CSAC's objectives. While we deeply value the emphasis on academic achievement, our focus is on arts education and character development. Our mission is to inspire children to explore music and the arts, fostering creativity, self-expression, and personal growth—regardless of their academic performance. We believe that the role of schools is to enhance academic learning, while our program aims to nurture children's love for music, help them develop responsibility, teamwork, and emotional intelligence, and encourage them to be well-rounded individuals. While some participants may go on to join orchestras or pursue music professionally, our primary goal is to provide them with an enriching experience that contributes to their overall development. Because we want to remain transparent and true to our mission, we have made the difficult decision to decline the grant rather than adjust our outcomes solely to fit its criteria. However, we strongly believe that our Character Building Program, which focuses on emotional intelligence, aligns well with CSAC's goals. Research shows that programs like ours help children build confidence, develop teamwork skills, regulate emotions under stress, and improve their overall well-being—factors that contribute to their long-term success. We look forward to the opportunity to apply for funding under this program, as we are confident it will be a more accurate match for CSAC's mission. Thank you again for your support, and we appreciate your consideration for future funding opportunities. Sincerely, CAPTAIN KELVIN GARCIA Corps Officer Florida Division Vero Beach Corps P: +772 97) 8-0265 M: +813)517-6559 2655 5th St SW, Vero Beach, FL 32962 Message me on Teams From: Robert Catapano <rcatapano@indianriver.gov> Date: Thursday, January 30, 2025 at 11:43 To: Kelvin Garcia <Kelvin.Garcia@uss.salvationarmy.org>, Megan Kendrick <mkendrick@indianriver.gov> Subject: Re: Meeting request for next week Hi Kelvin, Thank you for a great meeting today. We appreciate your transparency and proactive communication. We still look forward to the opportunity to work together on Human Services initiatives and are optimistic about next year's CSAC application. 22 The RFP for the upcoming funding cycle will go live on February 1st. Here is the link to our website that explains the process. We would love to see you at our upcoming professional developments. Below are the details: Part II: Strengthening Alignment: Goals, Outcomes, and Impact Workshop (You must have attended Part 1 and complete Activity 3, 4, and 5 from the Participation Activity Package to attend.) CLICK HERE TO REGISTER • Date: February 4, 2025 • Time: 10:00 AM - 12:00 PM • Info: o To make the most of the workshop, we ask that you review and complete the following activities from the Participant Activity Package before attending: ■ Activity 3: Backward Design—Let's Practice! • Activity 4: Program Alignment ■ Activity 5: Creating Strong Outcomes—Let's Practice! • Agenda: 0 10:00-10:15AM ■ Overview of CSAC organizational structure 0 10:15-10:30 ■ Aligning activities to ensure impact 0 10:30-11:00 ■ Peer review of goals, outcomes, and activities (Activities 3, 4, and 5) 0 11:00-12:00 ■ Small group sessions based on your needs 0 12:00-1:00 (Optional) ■ Staff and CSAC Members will stay to provide additional support 3. Part III: Peer Review and Refinement (you must have attended Part 1) CLICK HERE TO REGISTER • Date: March 4, 2025 • Time: 10:00 AM - 12:00 PM • Focus: o Peer review of draft grants using the scoring rubric. o Strengthening applications through collaborative discussion and refinement. Next Steps: We kindly ask that The Salvation Army provide a letter explaining the circumstances surrounding this year's Outcomes as well as all of the items we discussed at the meeting. Please let us know if you have any questions, and we look forward to continuing our collaboration. Thank you, Robert Catapano Human Services Program Coordinator Indian River County, Florida 1800 27th Street Building B, 2nd Floor Vero Beach, FL 32960 Direct: (772) 226-1467 Website: www.indionriver.gov 23 Book time to meet with me i From: Kelvin Garcia <Kelvin.Garcia@uss.salvationarmy.org> Sent: Friday, January 24, 2025 11:37 AM To: Megan Kendrick <mkendrick@indianriver.gov>; Robert Catapano <rcatapano@indianriver.gov> I Subject: Re: Meeting request for next week UIUTION: This message is from an external source. Please use caution when opening attachments or clicking links. 1 I Yes, I'll be there Thursday 30th, at 10 AM. .:i Blessings! CAPTAIN KELVIN GARCIA Corps Officer Florida Division Vero Beach Corps P: ±1_(Z72)27§:0265 M: +1 (813)517-6559 2655 5th St SW, Vero Beach, FL 32962 s Message me on Teams From: Megan Kendrick <mkendrick@indianriver.gov> Date: Friday, January 24, 2025 at 09:11 To: Kelvin Garcia <Kelvin.Garcia@uss.salvationarmy.org>, Robert Catapano <rcatapano@indianriver.gov> } Subject: RE: Meeting request for next week Would Thursday the 30th at 10:00 AM work for you? With gratitude, Megan Megan Kendrick M.Ed. Human Services Manager Indian River I) County, Florida I .. 1801 27th Street • Vero Beach • 32960 — IR- ;". Direct: (772) 226-1404 Website: www.indianriver.gov From: Kelvin Garcia <Kelvin.Garcia@uss.salvationarmy.org> Sent: Thursday, January 23, 2025 4:55 PIM To: Megan Kendrick <mkendrick@indianrivecgov>; Robert Catapano <rcatapano@indianriver.gov> Subject: Meeting request for next week CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hey Megan and Robert, I hope you are doing well. Can I schedule a meeting with you guys next week? Could you tell me the day and time, and I will be there? Blessings! CAPTAIN KELVIN GARCIA Corps Officer Florida Division Vero Beach Corps 1P: +1 (772)978- 265 M: +1 (813)517-6559 2655 5th St SW, Vero Beach, FL 32962 Message me on Teams 24 Indian River County GraMtontract This Grant Contract ('Contract") entered into effective this 1st day of October 2024 by and between Indian River County, a political subdivision of the State of Florida. 1800 27th Street, Vero Beach FL, 32960 ("County') and The Salvation Army at 2655 5th St SW Vero Beach, FL 32962 ("Recipient") for program(s) After School Music Education for Children & Youth. A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999, and amended by Ordinance 2022-007 adopted on May 17, 2022, ("Ordinances") establishing the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a Request For Proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The Proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a Proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period defined as October 1, 2024 — September 30, 2025 F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete Proposal submitted by the Recipient and is incorporated herein by reference as "Children's Services Advisory Committee Grant Application - CSAC 2024-25 Grant Application and all associated Supporting Documents" and attached hereto as "Exhibit A — Proposal Cover Page and Funder Budget". 3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2024/25 ("Grant Period"). The Grant Period commences on October 1, 2024 and ends on September 30, 2025. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is ten thousand dollars ($10000). The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests shall conform with Indian River County Policy dated August 16, 2022, attached as Exhibit "C". All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 25 5. Additional Obligations of Recipient 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.1.1 Cooperation. The Recipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County or the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, bank statements, attendance rosters, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.3.1 Attendance Tracking. Funded programs are required to submit quarterly attendance reports to the County. These reports will detail participant numbers and demographic information, facilitating an accurate evaluation of program reach and impact. 5.4 Site Visits. In support of effective coaching, feedback, and assistance to agencies, site visits will be jointly conducted by CSAC staff and, when available, a committee -appointed representative from the Children's Services Advisory Committee. These visits will provide valuable insights into program implementation, alignment with stated objectives, and potential areas for improvement. This comprehensive assessment approach ensures the optimal development of the funded programs. 5.5 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.5.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Children's Services Advisory Committee and, after consultation with the Indian River County Office of Management and Budget and the Clerk's Auditor, funding under this Contract may cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.5.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.6 Insurance Requirements. Recipient shall, no later than October 1, 2024, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit). (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.7 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.8 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.9 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 27 (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLICRECORDS(cDIRCGOV.COM Indian River County of the County Attorney 1801 27"' Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days j prior written notice to the other party. In addition, the County may terminate this Contract for j convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. j 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River { County. 3 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 28 i. i I I i i i i 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days j prior written notice to the other party. In addition, the County may terminate this Contract for j convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. j 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River { County. 3 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 28 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approv d as to form and legal sufficiency: Approved:/Gsih/GC�J ohn A. Titkanich, Jr., ICMA-CM, AICP Susan Prado County Administrator DOW County Attorney RECIPIENT: =TneSaNatio rmy, a GeoBy.5— Na inL BppIw+EMM �, Zrea,Surer .. 29 Indian River County, Florida * MEMORANDUM �ORI04' MA FM Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0554 Type: Consent Staff Report Meeting Date: 5/20/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: May 6, 2025 SUBJECT: Master Agreement to Reimburse Property Appraiser for Non -Ad Valorem Assessment Costs BACKGROUND Indian River County uses the uniform method to collect non -ad valorem special assessments, which is governed by Fla. Stat. 197.3632. This statute requires the County to enter into a written agreement with the Property Appraiser and Tax Collector to reimburse them for necessary administrative costs incurred in the levy, collection, and enforcement of non -ad valorem special assessments, which cannot exceed 2 percent of the amount of special assessments collected and remitted. Wesley Davis, the Indian River County Property Appraiser, has agreed to enter a "master" contract with Indian River Board of County Commissioners, acting in their own capacity and on behalf of SWDD, to reimburse his office for the administrative costs incurred to utilize the uniform method for the levy, collection, and enforcement for all non -ad valorem assessments. Under this master agreement, the Property Appraiser will be compensated in the amount of one percent (1%) of the amount of special assessments collected for public assessments, such as the solid waste disposal and collection assessments, and in the amount of two percent (2%) of the amount of special assessments collected for private benefit, such as neighborhood street lighting, road paving and stormwater improvements. This Agreement shall be renewed automatically for each subsequent fiscal year unless terminated in writing by either party no later than January 10th to cancel the agreement for the subsequent fiscal year. BUDGETARYIMPACT Funding for the reimbursement of administrative costs for collection and enforcement of non -ad valorem assessments will be budgeted in the impacted funds. PREVIOUS BOARD ACTIONS Over the years the County and the Property Appraiser have entered into a series of written agreements to reimburse the Property Appraiser for the administrative costs for non -ad valorem assessment collection and the Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by legistarTM' 30 parties intend to enter into this new agreement to replace all prior agreements with this one new master agreement that governs all the County and SWDD's non -ad valorem assessments. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached agreement with the Indian River County Property Appraiser. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by L.egistaOl 31 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR NON -AD VALOREM ASSESSMENTS BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERSAND THE INDIAN RIVER COUNTY PROPERTY APPRAISER This Agreement for Reimbursement of Costs associated with non -ad valorem assessments (hereinafter "Agreement") is made as of by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, acting in its own capacity and on behalf of the Solid Waste District of Indian River County (hereinafter called "County") and the INDIAN RIVER COUNTY PROPERTY APPRAISER (hereinafter called "Property Appraiser"). WHEREAS, the County intends to levy non -ad valorem assessments to fund the cost of providing essential public services or facilities providing a special benefit to property in accordance with Florida law; and WHEREAS, the County intends to utilize the uniform method of collection, as outlined in Sections 197.3632 and 197.3635, Florida Statutes, fqr collecting such non -ad valorem assessments; and WHEREAS, the County has requested that the Property Appraiser place the County's adopted non -ad valorem assessments on the Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments prepared in accordance with Section 200.069 Florida Statutes; and WHEREAS, the County and Property Appraiser must enter into a written agreement providing for reimbursement of necessary administrative costs incurred by the Property Appraiser in performing its functions pursuant to pursuant to Section 197.3632, Florida Statutes; and WHEREAS, over the years the County and the Property Appraiser have entered into a series of written agreements to reimburse the Property Appraiser the administrative costs for non - 1 32 ad valorem assessment collection and the parties intend to enter into this new agreement to replace all prior agreements with this one new master agreement that governs all the County and SWDD's non -ad valorem assessments; and WHEREAS, the County has duly complied with the notice provisions and adopted an annual resolution in compliance with the required resolutions set forth in Section 197.3632 Florida Statutes, to entitle the County to utilize the non -ad valorem method of collection, which resolution was timely provided to the Tax Collector, the Property Appraiser and the Florida Department of Revenue. NOW, THEREFORE, for good and valuable consideration and intending to be legally bound thereby, the County and Property Appraiser agree as follows: 1. Scope of Agreement. a. The above recitals are true and correct and are hereby incorporated herein by reference. b. The Property Appraiser agrees annually to place the County's adopted non -ad valorem assessments on the Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments prepared in accordance with Section 200.069 Florida Statutes. c. The Property Appraiser agrees that it will allow the information required by Section 197.3632(4)(b), Florida Statutes, for a notice by mail to be included on the Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments prepared in accordance with Section 200.069 Florida Statutes, which includes: (i) the purpose of the assessment; (ii) the total amount to be levied against each parcel; (iii) the unit of measurement to be applied against each parcel to determine the 2 33 assessment; (iv) the number of such units contained within each parcel; (v) the total revenue the local government will collect by the assessment; (vi) a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; (vii) a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; (viii) and the date, time, and place of the hearing. d. The County agrees to annually carry out its duties in utilizing the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as set out in Section 197.3632, Florida Statutes, for the non -ad valorem assessments imposed by the County. e. The County agrees to timely provide the Property Appraiser with all required information to be included on the Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments prepared in accordance with Section 200.069, Florida Statutes, on compatible electronic media. f. The County and Property Appraiser shall abide by all statutes, rules, and regulations pertaining to the levy and collection of non -ad valorem assessments, including the provisions of sections 197.3632, 197.3635, 200.069 Florida Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue. 2. Compensation. The County and Property Appraiser agree that, in consideration for the services herein agreed to be performed by the Property Appraiser, the Property Appraiser shall be entitled to payment from the County and SWDD for necessary administrative costs incurred by the 3 34 Property Appraiser in utilizing the uniform method for the levy, collection, and enforcement for non -ad valorem assessments in the amount of one percent (1%) of the amount of special assessments for public assessments, such as the solid waste disposal and collection assessments, and in the amount of two percent (2%) of the amount of special assessments for private benefit, such as neighborhood street lighting, road paving and stormwater improvements. If there is any question as to whether an assessment is public or private, the parties will work together in good faith to come to a mutual agreement to designate the assessment. 3. Term. a. This Agreement shall be effective on the date signed by the last party and shall remain in effect until cancelled by either party as provided below. b. This Agreement shall be renewed automatically for each subsequent fiscal year unless terminated in writing by either party no later than January 10 to cancel the agreement for the subsequent fiscal year. 4. The provisions in this Agreement are intended to be severable. If any provision of this Agreement shall be held to be invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions of this Agreement. b. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 4 35 c. It is anticipated by the parties that the terms and conditions of this Agreement may be periodically amended or modified. Such amendments or modifications must be in writing and must be duly executed by all parties to this Agreement. d. This Agreement shall be binding upon and enforceable against any successors of each respective party, including but not limited to successive County Managers, County Commissioners, and the Property Appraiser. e. By signing this Agreement, the parties hereto confirm and state that they have carefully read this Agreement, that they know the contents hereof, that they fully expect to carry out each and every provision, and that they intend to be legally bound by the rights and obligations set forth herein. f. The headings for each paragraph in this Agreement are for the purposes of reference only and shall not limit or otherwise affect the meaning of any provision. g. This document shall represent the complete agreement of the parties. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. INDIAN RIVER COUNTY AND SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman: ATTEST: Ryan Butler Clerk of Court & Comptroller 5 36 Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney INDIAN RIVER COUNTY PROPERTY APPRAISER Wesley Davis, Property Appraiser Approved as to form and legal sufficiency: Counsel for Property Appraiser By: 6 37 Indian River County, Florida * * MEMORANDUM File ID: 25-0555 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: May 5, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indiandver.gov Meeting Date: 5/20/2025 SUBJECT: Agreement to Reimburse Tax Collector for Waters Edge Non Ad Valorem Assessment Costs BACKGROUND Indian River County uses the uniform method to collect non -ad valorem special assessments, which is governed by Fla. Stat. 197.3632. This statute requires the County to enter into a written agreement with the Property Appraiser and Tax Collector to reimburse them for necessary administrative costs incurred in the levy, collection, and enforcement of non -ad valorem special assessments, which cannot exceed 2 percent of the amount of special assessments collected and remitted. Indian River County recently created a new non -ad valorem assessment for the replacement of culvert piping in the Waters Edge Phase II Subdivision. Attached is an agreement reached with Carole Jean Jordan, the Indian River Tax Collector, to reimburse her office for the administrative costs for collection and enforcement of this new special assessment, in an amount not to exceed 2 percent, which the Tax Collector will deduct automatically when sending funds to the County. The agreement will renew each year unless either party ends it in writing with at least 60 days notice. BUDGETARY IMPACT Funding for the reimbursement of administrative costs for collection and enforcement of this new special assessment, not to exceed 2 percent, will be budgeted and available in the Water's Edge fund once established. PREVIOUS BOARD ACTIONS On April 8, 2025 the Board adopted Resolution 2025-014, which approved the special assessment roll for the replacement of culvert piping in the Waters Edge Phase II Subdivision in Indian River County. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached agreement with the Indian River County Tax Collector. Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by Legistar' 38 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR NON -AD VALOREM ASSESSMENTS FOR THE REPLACEMENT OF CULVERT PIPING IN WATERS EDGE PHASE II SUBDIVISION BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE INDIAN RIVER COUNTY TAX COLLECTOR This Agreement for Reimbursement of Costs associated with the collection of non -ad valorem assessments for the replacement of culvert piping in the Waters Edge Phase II Subdivision in Indian River County, (hereinafter "Agreement") is made as of May 20, 2025 by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter called "County") and the INDIAN RIVER COUNTY TAX COLLECTOR (hereinafter called "Tax Collector"). In consideration of the agreements, covenants and conditions hereinafter set forth, the County and Tax Collector agree as follows: 1. Scope of Agreement. a. The Indian River County Board of County Commissioners previously established its intent to use the uniform method for collecting non -ad valorem special assessments to fund stormwater maintenance and improvements within the unincorporated area of the County by its Resolution 2024-076 adopted on December 17, 2024. A copy of this Resolution was mailed to the Florida Department of Revenue, the Tax Collector and the Indian River County Property Appraiser prior to January 10, 2025. In addition, on April 8, 2025 the Indian River County Board of County Commissioners adopted Resolution 2025-014, which approved the special assessment roll for the replacement of culvert piping in the Waters Edge Phase II Subdivision in Indian River County, a copy of which was also provided to the Tax Collector. b. The Tax Collector agrees annually to carry out her duties in utilizing the uniform 39 method for the levy, collection, and enforcement of non -ad valorem assessments as set out in Florida Statute 197.3632 for the County's replacement of culvert piping in the Waters Edge Phase II Subdivision special assessments. 2. Compensation. a. The County agrees to reimburse the Tax Collector for necessary administrative costs incurred by the Tax Collector in implementing assessments for the County's replacement of culvert piping in the Waters Edge Phase II Subdivision, utilizing the uniform method for the levy, collection, and enforcement of such non -ad valorem assessments, including, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. b. The County will reimburse the Tax Collector for the necessary administrative costs of collecting non -ad valorem assessments, in an amount not to exceed two percent (2%) of the amount of special assessments collected and remitted to the County. c. Concurrent with each remittance to the County, the Tax Collector shall automatically deduct an amount not to exceed two percent (2%) of the amount of special assessments collected by and remitted to the County. The remittance schedule shall be determined by the Tax Collector and shall vary depending upon the time of year of each remittance. 3. Term. a. This Agreement shall be implemented upon the levy of the special assesnnent for the replacement of culvert piping in the Waters Edge Phase II Subdivision by the Indian River County Board of County Commissioners by resolution adopted at a public hearing. b. This Agreement shall be renewed automatically for each subsequent fiscal year unless terminated in writing by the County or terminated in writing by the Tax Collector no later than sixty (60) days prior to the September 15 standard due date each year for the non -ad valorem assessment roll. 40 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman: ATTEST: Name: Title: Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney INDIAN RIVER COUNTY TAX COLLECTOR Carole Jean Jordan, Tax Collector ATTEST: Name: Title: Approved as to form and legal sufficiency: ROBERT C. NALL, P.A. Counsel for Tax Collector By: Robert C. Nall, Esq. 41 Indian River County, Florida * * MEMORANDUM ��ORIOA Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0556 Type: Consent Staff Report Meeting Date: 5/20/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: May 5, 2025 SUBJECT: Agreement to Reimburse Tax Collector for Universal Solid Waste Non Ad Valorem Assessment Costs BACKGROUND Indian River County uses the uniform method to collect non -ad valorem special assessments, which is governed by Fla. Stat. 197.3632. This statute requires the County to enter into a written agreement with the Property Appraiser and Tax Collector to reimburse them for necessary administrative costs incurred in the levy, collection, and enforcement of non -ad valorem special assessments, which cannot exceed 2 percent of the amount of special assessments collected and remitted. On December 17, 2024, the Board of County Commissioners, sitting as the Solid Waste Disposal District (SWDD), adopted a resolution indicating its intent to use the uniform method to collect a new non -ad valorem special assessment to fund universal collection of solid waste for residential properties in the unincorporated area of Indian River County. Attached is an agreement between SWDD and Carole Jean Jordan, the Indian River Tax Collector, that would reimburse her office for the administrative costs for collection and enforcement of this expected new special assessment, in an amount not to exceed 2 percent, which the Tax Collector will deduct automatically when sending funds to the County. The agreement would renew each year unless either party ends it in writing with at least 60 days notice. BUDGETARYIMPACT Funding for the 2% administrative costs will be programmed into the expense budgets for each fund impacted. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached agreement with the Indian River County Tax Collector. Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by i_egistar`" 42 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES NON -AD VALOREM ASSESSMENTS BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, SITTING AS THE SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY, AND THE INDIAN RIVER COUNTY TAX COLLECTOR This Agreement for Reimbursement of Costs associated with a solid waste collection and disposal services non -ad valorem assessment (hereinafter "Agreement") is made as of May 20, 2025 by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, SITTING AS THE SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY (hereinafter called "County") and the INDIAN RIVER COUNTY TAX COLLECTOR (hereinafter called "Tax Collector"). In consideration of the agreements, covenants and conditions hereinafter set forth, the County and Tax Collector agree as follows: 1. Scope of Agreement. a. The Indian River County Board of County Commissioners previously established its intent to use the uniform method for collecting non -ad valorem special assessments for the cost of providing solid waste collection and disposal services to properties within the unincorporated area of the County by its Resolution 2024-001 adopted on December 17, 2024. A copy of this Resolution was mailed to the Florida Department of Revenue, the Tax Collector and the Indian River County Property Appraiser prior to January 10, 2025. b. The Tax Collector agrees annually to carry out her duties in utilizing the uniform method for the levy, collection, and enforcement ofnon-ad valorem assessments as set out in Florida Statute 197.3632 for the Solid Waste Disposal District of Indian River County's solid waste collection and disposal services special assessments. 43 2. Compensation. a. The County agrees to reimburse the Tax Collector for necessary administrative costs incurred by the Tax Collector in implementing assessments for the County's solid waste collection and disposal services, utilizing the uniform method for the levy, collection, and enforcement of such non -ad valorem assessments, including, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. b. The County will reimburse the Tax Collector for the necessary administrative costs of collecting non -ad valorem assessments, in an amount not to exceed two percent (2%) of the amount of special assessments collected and remitted to the County. c. Concurrent with each remittance to the County, the Tax Collector shall automatically deduct an amount not to exceed two percent (2%) of the amount of special assessments collected by and remitted to the County. The remittance schedule shall be determined by the Tax Collector and shall vary depending upon the time of year of each remittance. 3. Term. a. This Agreement shall be implemented upon the levy of the aforementioned solid waste collection and disposal services non -ad valorem assessment by the Indian River County Board of County Commissioners by resolution adopted at a public hearing. b. This Agreement shall be renewed automatically for each subsequent fiscal year unless terminated in writing by the County or terminated in writing by the Tax Collector no later than sixty (60) days prior to the September 15 standard due date each year for the non -ad valorem assessment roll. 44 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. SOLID WASTE DISPOSAL DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman: ATTEST: Name: Title: Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney INDIAN RIVER COUNTY TAX COLLECTOR Carole Jean Jordan, Tax Collector ATTEST: Name: Title: Approved as to form and legal sufficiency: ROBERT C. NALL, P.A. Counsel for Tax Collector By: Robert C. Nall, Esq. 45 Indian River County, Florida * * MEMORANDUM �ORIOy' File ID: 25-0561 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Jennifer W. Shuler, County Attorney FROM: Susan J. Prado, Deputy County Attorney DATE: May 6, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Drainage Easement for Ganbin/Jackson Eminent Domain Settlement BACKGROUND This case is the last eminent domain case open for the 66' Avenue Road widening project. The case initially started in December 2021. On December 17, 2024, the Board approved a counteroffer that was received from the Respondents/property owners in that case to settle the eminent domain case in the amount of $72,240.00 inclusive of attorney's fees and costs. This was to be along with other non -monetary compensation sought by the Respondents/property owners of 20 loads of fill delivered to their property, three (3) driveway aprons from the new property line to the new edge of 66' Avenue, and a drainage easement that allowed the Respondents to drain from their property south to the Lateral R -14E Canal which is controlled by Sebastian River Drainage District. The court has entered a final judgment in this case enforcing the settlement agreement which includes all of the above-mentioned terms. The drainage easement needs to be approved and signed off by the Board so that it may be recorded in the public records of the County and therefore enabling the County to comply with the final judgement in this case. ANALYSIS N/A BUDGETARYIMPACT Funding in the amount of $ 78.00 for the recording fees will be budgeted and available from Optional Sales Tax/Road/Bridge/Right of Way/ 66th Ave/69th Street to 85th Street, Account # 31521441-066120-16009 for FY24/25. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by Legistar- 46 Account Description Account Number Amount Optional Sales Tax/Road/Bridge/Right of Way/ 31521441-066120-16009 $78.00 66th Ave/69th Street to 85th Street PREVIOUS BOARD ACTIONS The Board approved counteroffer/settlement on December 17, 2024. POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends approval of the attached drainage easement and allow the chairman to sign the attached drainage easement so that it may be sent off for recording in order for the County to be in compliance with the fmal judgment in this eminent domain case. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by LegistarT , 47 Filing # 221280122 E -Filed 04/17/2025 04:22:52 PM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (a/k/a IRC), Petitioner vs. ORVILLE L. GANBIN III, KELLY L. JACKSON and SEACOAST CASE NO. 31 2022 CA 000118 NATIONAL BANK, et. al. PARCEL NO. 128 Respondents. FINAL JUDGMENT THIS CAUSE came before the Court upon the agreement of the parties and in accordance with the Court's Order Granting Motion To Enforce and after being duly advised in the premises, it is ORDERED AND ADJUDGED as follows: 1. Respondents, ORVILLE L. GANBIN III and KELLY L. JACKSON, as former owners of the real property described in attached Exhibit "A" and as referred to herein as Parcel 128 recover from Petitioner, INDIAN RIVER COUNTY, the sum of Fifty Thousand and 00/100 ($50,000.00) Dollars, in full payment for the property and improvements taken including, but not limited to, costs -to -cure, severance damages and all claims and demands of any nature, exclusive of attorneys' fees and costs. Respondents shall seek no additional compensation or monies in this cause. Respondents shall be responsible for payment of any and all apportionment claims that may be made herein. Said apportionment claims shall be paid from the deposit of funds as specified herein and the deposit previously made 1 48 pursuant to the Order of Taking. In addition, Respondents shall remise, release, acquit, satisfy, and forever discharge Petitioner, of and from all, and all manner of, action and actions, cause and causes of action, suits, controversies, trespasses, damages, claims and demands whatsoever, in law or in equity, which Respondents shall or may have, against Petitioner, for all claims of Respondents arising out of Petitioner's taking of the Respondents' Property as stated herein and/or the construction/improvements of the Petitioner's current 66th Avenue road project. 2. In addition to the amount set forth in Paragraph 1 above, Respondents shall have and recover the following: a. The sum of Twelve Thousand Five Hundred Forty and 00/100 ($12,540.00) Dollars in full and complete payment of Respondents' attorneys' fees, including fees for statutory benefits, non -monetary benefits, supplementary proceedings, apportionment and attorneys' fees of any nature related to this matter. Respondents shall make no additional claim for attorneys' fees in this matter. b. The sum of Nine Thousand Seven Hundred and 00/100 ($9,700.00) Dollars in full and complete payment of all costs, expert witness fees or other costs or expenses of any nature. Respondents shall make no additional claim for costs in this matter. 3. Within twenty (20) days from entry of this Final Judgment, Petitioner shall deposit Sixty -Three Thousand Eight Hundred Forty and 00/100 ($64, 240.00) Dollars into the Court Registry. Said amount represents the sums set forth in Paragraphs 1 and 2 above, less the sum of Eight Thousand Four Hundred and 00/100 Dollars that has previously been deposited in the Court Registry in accordance with the Order of Taking entered herein. 4. In addition to the payment of the sums reference above, the parties agree as E 49 follows: a. Petitioner shall provide three (3) driveway aprons for Respondents' remainder property with a 24 foot driveway to the south of the house located on the property and two (2) 12 foot driveways to the north of the house. b. Petitioner will deliver and deposit twenty (20) loads of fill material to the remainder property. Respondents will be responsible for spreading the fill material. c. Petitioner will allow Respondents, at Respondents' expense, to install and maintain a drainage outfall pipe in a dedicated easement (a total of 200' in length) within Petitioner's property extending north 150' from the south western corner of Respondents' remainder property and extending south from the boundary of Respondent's remainder property and extending across Petitioner's property to the Sebastian River Improvement District (SRID) R14E drainage ditch that is located to the south of Respondents' property to provide positive drainage outfall as permitted by SRID. Petitioner shall cause a dedicated easement (as contemplated herein) to be executed and recorded promptly thereafter. 5. Fee simple title in and to the property described in Exhibit "A" designated as Parcel 128 that vested in Petitioner, INDIAN RIVER COUNTY, pursuant to the Order of Taking and the deposit of money heretofore made, is hereby approved, ratified and confirmed. 6. Nothing contained in this Final Judgment or the Easement contemplated herein shall be construed as limiting, interfering, or reducing any of the Respondents' historical drainage rights; provided, the release of claims language set forth in Paragraph 1 hereof shall be applicable to any claim of a limitation, interference or reduction of Respondents' historic drainage rights as a result of the taking herein and/or the construction/ improvements of the Petitioner's current 66th Avenue road project. 3 50 7. The Court reserves jurisdiction to enforce the terms of this Final Judgment and for all legal and proper purposes. DONE AND ORDERED in Indian River County, Florid; (on this 17th d4 of April, 2025. Copies via eportal service to: William P. Doney, Esq. doney(a-caldwellpacetti.com Attorney for Indian River County Susan Prado, Esq sprado(aD_indianriver.gov Attorney for Indian River County eS00d 6y 1u4e Cy�fik � --64—/ 17/2025 4:18 pm CYNTHIA L. COX, Ci kuit Judge Ian Belson Osking, Esq. ioskingP-neillgriffin.com Attorney for Respondents 51 667H AW { I 9 N PARI CF1 is w »> LINE LEND NO .. L1 61oD ss �. PARCEL 12e •. e NORTH UNE OF ` •, 0. Ac S THE SOUTH G 2i J.28 2920,00. 213,23• SID'O8'37' 478,78' OF THENW f )UJ • d I SW i %4 oF. THE ' SP,C11ON UNE eASWENT URE zLUEii Ct P•RORKRTY U E AROPOBED• RIGHT Cr WAY ¢ �. . - PARCEL ----+ --,•'- .- "._. RI 1'!? OF WAY'UNE',tl .4 4'ekA'•mraL N+ jtv *la..rMwr ,jpl AA er Y. nerve /n'6•i1+''y°n mJ•Ygvrn N lrr,u-!Y, TrnL Ad1,l,hlbR,. 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Yc IiNOM R:1DIU5 CHORD BEARRiC 0 Tk ` G 2i J.28 2920,00. 213,23• SID'O8'37' ' SP,C11ON UNE eASWENT URE ,rt�"8 P•RORKRTY U E AROPOBED• RIGHT Cr WAY r _ N•r•r>tRc61 . 20 . . mr, wdfi.a 1A.1 a i+so a.-01gJK a'Afkh- -e ow him M mea. w0—X.Vi,16Ra+ —1 lA.t 4as J(jW eM*IA- . - PARCEL ----+ --,•'- .- "._. RI 1'!? OF WAY'UNE',tl .4 4'ekA'•mraL N+ jtv *la..rMwr ,jpl AA er Y. nerve /n'6•i1+''y°n mJ•Ygvrn N lrr,u-!Y, TrnL Ad1,l,hlbR,. Peak pea+mf b S+PUon HtWl�ak P.o P NY OF CO AIEt!(EAIfNi IKeI, a vW d• k • and P,,��I•, ocr�RT OF _r�e"NR70 ' R' Rlbk4i 0f tiy/.:Y e•+t 4mA leer iaa�+ wa e+rxl.'.iuu/ad m A.Ic, e.a e.ro alem• . . ,, ORB OFFICIAL RECORDS BOOK . C. '(' 4J:_ \ J ru1:.b•«f• FDOT, fplggqqdiiiiION pp %JRTMENi oP BP.CfR1kTtCN SECT.. S OTICN . r, n, :P+,4i8 NA 07P ... "ta. 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AND RESTRICTIONS AS CONTAINED WITHIN THE CHAOF TITLE, „S'�Ay�S ORS MIT BOUNDAXYI RMAtEME 'T SURWY DESCRIPTION ONLY, NOT A 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST UNE of SECTION 32'. -SAID UNH $EARS NORTH' 00'32'W EAST, 37 Znqii SCAU Of T})XS pt %WING MAY HAVE BEEN DISTORTED QURING REPWPUO.TION PR1OESSES, 4.J TEAS' tECAL DESCRIKIDN AND SKETCH IS BASED ON THE. gElJMINARY RIGHT OF W6'Y M'& FOR 66TH ,AVENUE PREPARED BY uWOp AND .AS$OCIA, S; DATED t0:-.40-08, AS DIRECTED BY IvoiAI( RIVE(2 �OL NT -.Y, KG. 11)* ' 7AD/A u. t I • ' I I 'I I f I uswf I W i d 00717 I')YJ 'r00TZ-51919 37119 H30IWn 03W35 OAW 03NOIS AIW11910 3711 a d 4.1 SIH.110 own.W%P.W ou U N ' (u o a; CC r �� t. 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CU C c, e yif. 9W% I IN 7Id WWI '>00'EZ-5I0[9 370M N30N0 031V3S ONV 03N015 A77V11710 3711 J/N0U1J313 3H1 S1 133HS SIH1 90 ONO3911 7VIJ1130 3H1 9LL S� S w S 8 m m U Z Q y �T a '°u � � J Q y ¢ � � � a a ry o J J R }4 LL o i O � p �l k2 3�rz a � J s�oo�� ���III I A 13k19191�198 9LL S� S w S 8 m m U Z Q y �T a '°u � � J Q y ¢ � � � a a ry o J J R }4 LL o i O � p �l k2 o� w a '°u � Q y ¢ � � a � s e?4 l � p �l k2 3�rz a � J s�oo�� WSW I N r d M'LY I 7V'd '^00'FZ-9}919 .91nd L3aN71 037V3s ONV 03N915 371! woulJ373 BHI SI 139HS SIHI 10 OH03H N131dd0.3HI r to 00,094-060 'VIS 3NI7140IVW EA W.K UA tn 1 ri I i J rl W r� PRC —88 .s v ® I ✓, his �' '1` �.,1 :. : .4 I 1 �' 1 �� W _. _._ _ � ,.•_ _ _ __ \ 28 pq RE { 1 L f 17, H 1I I Z I N ! to i' 1 / O� l 2wiNi3 1 ►azz' m�00+ 3' dUKo, d �tQ k / q p '��W�j O„IGZW2l%�,A I I ti j� •l i ,� cr m ` N s 1 .... ......... . 00'00h ek 'd S 3Nl7H01dW I jN ql r Filing # 221640841 E -Filed 04/23/2025 02:33:26 PM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner vs. ORVILLE L. GANBIN III, KELLY L. JACKSON and SEACOAST NATIONAL BANK, et. al. Respondents. CASE NO. 312022 CA 000118 PARCEL NO. 128 AMENDMENT TO FINAL JUDGMENT THIS MATTER came before the Court on Petitioner's Motion to Correct Scrivener's Error in a Final Judgment entered herein on April 17, 2025 and after being duly advised in the premises, finds that the Final Judgment contains a scrivener's error of $64,240.00 and it is thus ORDERED AND ADJUDGED that Paragraph 3 is amended to reflect a deposit payment of $63,840.00 and Paragraph 3 is amended to read: 3. Within twenty (20) days from entry of this Amendment to Final Judgment, Petitioner shall deposit Sixty -Three Thousand Eight Hundred Forty and 00/100 ($63,840.00) Dollars into the Court Registry. Said amount represents the sums set forth in Paragraphs 1 and 2 above, less the sum of Eight Thousand Four Hundred and 00/100 Dollars that has previously been deposited in the Court Registry in accordance with the Order of Taking entered herein. DONE AND ORDERED in Indian River County, Flor' a this 23rd IT f April, 2025. dSywd6y,744e E. --V4/23/2025 2:00 pm CYNTHIA LCOX, C rcuit Judge Copies via eportal service to: William P. Doney, Esq. doney(a caldwellpacetti.com Susan Prado, Esq. sprado(a)indianriver. gov Ian Osking, Esq. iosking neillgriffin.com 57 Filing # 221280122 E -Filed 04/17/2025 04:22:52 PM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (a/k/a IRC), Petitioner vs. ORVILLE L. GANBIN III, KELLY L. JACKSON and SEACOAST CASE NO. 31 2022 CA 000118 NATIONAL BANK, et. al. PARCEL NO. 128 Respondents. ORDER GRANTING MOTION TO ENFORCE SETTLEMENT THIS CAUSE came before the Court on April 8, 2025 on Petitioner's Motion to Enforce and Compel Settlement filed February 2, 2025 (DE 138) and after hearing sworn testimony and especially observing the demeanor of the witnesses and weighing their credibility, receiving evidence, reviewing the Court file, hearing argument of counsel and being otherwise duly advised in the premises, finds: A. An Order of Taking for Parcel 128 was entered herein on May 21, 2022. B. On or about November 21, 2024, the Respondents accepted the Petitioner's offer to settle and tendered their "FINAL OFFER." The parties reached an agreement to settle the case on all material terms. C. On December 17, 2024, Respondents approved the proposed form of Final Judgment and the Board of County Commissioners (for IRC) approved the settlement with the understanding that the parties would negotiate the terms of the easement. D. Between December 17, 2024 and December 19, 2024, the parties negotiated and revised the details of the Stipulated Final Judgment with input and revisions of the lender (Seacoast). E. On December 30, 2024, all terms of the proposed Final Judgment were agreed upon although the parties were still working on the details of the easement. 1 58 F. On January 28, 2025, Respondent's counsel relayed that the Respondents agreed with the attached easement but wanted some minor changes to the waiver language. G. Although the easement had been agreed to and the parties had agreed to the Respondent's fees and costs, the Respondents have not signed the stipulation to date. H. Respondent Gambin admitted at the hearing that, while he could not originally agree to the terms of the easement, they have now agreed (200') and there are no remaining disputes. It appears that there may have been some disagreement to the waiver and release language and Respondent Jackson raises issues related to water and air that are totally irrelevant to an eminent domain proceeding. I. Uncertainty as to nonessential terms or small items will not preclude enforcement of a settlement agreement. However, all of the essential and material terms in this matter were fully negotiated and agreed to by the parties and were incorporated into the proposed Final Judgment. Portner v. Koppel, 382 So. 3d 742 (Fla. 41 DCA 2024); Spiegel v. H. Allen Holmes, Inc., 834 So. 2d 295 (Fla. 4th SCA 2002) and Vision Palm Springs, LLLP v. Michael Anthony Co., 272 So. 3d 441 (Fla. 31t DCA 2019). IT IS THUS ORDERED AND ADJUDGED that the Petitioner's Motion is GRANTED and the Court shall enter a Final Judgment simultaneously herewith. The Court retains jurisdiction for all legal and proper purposes DONE AND ORDERED in Indian River County, Florida can this 17th day of April, 2025. eSignea'6y judge cynihia L. o:X 04/17/2025 4:15 pm CYNTHIA L COX, Circuit Judge Copies via eportal service to: William P. Doney, Esq. Ian Eielson kin sq. doney(d)caldwellpacetti.com iosking(o)neillpriffin.com Attorney for Indian River County Attorney for Respondents Susan Prado, Esq sprado(aD_indianriver.gov Attorney for Indian River County 2 59 Prepared by: Indian River County Attorney's Office 1801 271" Street Vero Beach, FL 32960 772-226-1425 DRAINAGE EASEMENT AGREEMENT THIS GRANT OF EASEMENT, made and executed this day of , 2025, by Indian River County, a political subdivision of the state of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, to Orville Leonard Ganbin, III and Kelly L. Jackson, whose mailing address is 7950 66th Avenue,'Vero Beach, Florida 32967, hereinafter called GRANTEES. (Whenever used herein, the terms GRANTOR and GRANTEES include all the parties to this instrument and their heirs, legal representatives, successors and assigns.) RECITALS: i A. GRANTEES are the owners of certain real property situated in Indian I River County, Florida, more particularly described {{ I- The East 230 feet of the West 255 feet of the North 378.78 feet of the South 478.78 feet of the Northwest'/4 of the Southwest 1/4 I of Section 32, Township 31 South, Range 39 East, Indian River County, Florida. I Said lands are hereinafter referred to herein as "GRANTEES' Property." a l B. GRANTOR hereby covenants with said GRANTEES that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. C. GRANTOR desires to grant to GRANTEES a non-exclusive drainage easement beneath the land described in Exhibit "A." NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereto agree as follows: s 1. Recitals. The foregoing recitals are true and correct and incorporated I herein by this reference. 2. Grant of Drainage Easement. GRANTOR hereby grants to GRANTEES, ; its successors and assigns, for the benefit of the GRANTEES' Property, a 1 non-exclusive drainage easement under (beneath the ground surface) that portion of GRANTOR'S property as depicted in Exhibit "A." 3. Rights Reserved. The easement rights granted herein are non-exclusive in nature. GRANTOR reserves unto itself, its successors, assigns, and grantees, the right, in its sole discretion, to use the GRANTOR Property for any purpose not inconsistent with the rights granted herein to GRANTEES. 4. Maintenance of Drainage Easement. GRANTEES will maintain the Drainage Easement at their sole cost and expense. The Drainage Easement area shall at all times be maintained in accordance with all applicable laws, codes, ordinances, rules, regulations, governmental orders, instruments, and permits. Upon the failure of the GRANTEES to maintain the Drainage Easement as required herein, GRANTOR will give a written 10 -day notice to GRANTEES of the maintenance and/or repairs that needs to be performed. GRANTEES shall within 10 days allotted by the written 10 -day notice perform all maintenance and/or repairs required. Should the GRANTEES fail to perform the maintenance and/or repairs required within the allotted time period, the GRANTOR may terminate this Drainage Easement Agreement and perform all maintenance and or repairs required and seek reimbursement from the GRANTEES pursuant to Indian River County Code Sections 312.09 and 312.10. a. Permits Required. GRANTEES acknowledge that they will abide with all local permitting requirements and will acquire all required permits associated with work in the right-of-way. GRANTEES acknowledge that there shall be no unpermitted work allowed in the right-of-way and any unpermitted work may result in a code violation. In addition, GRANTEES shall obtain a permit from the Sebastian River Drainage District in order to obtain permission to discharge into the Lateral R -14E Canal. b. GRANTEES shall also restore damage to any adjacent public properties occasioned by their construction, maintenance, or removal of such improvements. c. GRANTEES shall also be responsible for restoring the Drainage Easement area to an acceptable condition to the GRANTOR after any and all installation, maintenance, repair or removal of improvements within the Drainage Easement. d. Grantees are hereby granted the express right to disturb the surface of the Easement Area for the creation and construction of a pipe to be located under the surface of the Easement Area and to maintain, repair, replace, remove, or replace said pipe or pipes. 5. Drainage Pipe. GRANTEES and their successors and assigns will be solely responsible for the operation and maintenance of the drainage pipe within the Drainage Easement Area depicted in Exhibit "A." The GRANTOR shall have no responsibility as to the operation and or maintenance of said pipe. E 61 6. Successors and Assigns. All the terms of this Agreement whether so expressed or not, shall be binding upon the respective successors and assigns of the Parties hereto and shall inure to the benefit of and be enforceable by the Parties hereto and their respective successors and assigns. 7. Hold Harmless. The GRANTEES and their successors, assigns, heirs, grantees, representatives, invitees, and permittees hereby do agree to release, indemnify, defend (with legal counsel acceptable to the GRANTOR), and hold harmless and indemnify the GRANTOR, its Board members, officers, employees, contractors, agents, and elected and appointed officials, harmless from and against any and all claims, suits, judgments, demands, liabilities, damages, costs, and expenses (including but not limited to attorneys' fees, paralegal fees, consultants' fees and costs at all administrative, pretrial, trial and appellate levels) of any kind or nature whatsoever including without limitation damage to property arising out of or related in any way to the GRANTEES' use of the Drainage Easement. Acknowledgement of Responsibility. The GRANTEES hereby acknowledge they are solely and entirely responsible for any and all costs associated with the need to modify or remove, any structure or other improvements constructed or placed within the easement area. 8. Notices. All notices which may be given or are required to be given by either Party to the other under this Agreement shall be provided in writing and delivered as follows: (3) business days after being deposited in the United States Mail, certified or registered, return receipt requested at the address specified below: Orville Leonard Ganbin, 111 Kelly L. Jackson 7590 66th Avenue Vero Beach, FL 32967 Indian River County Board of County Commissioners Attn: Public Works Director 1801 27th Street Vero Beach, FL 32960 9. Governing Law and Venue. This Drainage Easement Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of, or in any way connected with this Agreement shall be in Indian River County, Florida. 10.Attorney's Fees. In the event any Party is required to initiate or defend any legal action or proceeding to enforce this Agreement, the prevailing Party in any such action or proceeding shall be entitled to recover its reasonable costs, including but not limited to expert witness fees, and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). 3 62 i 11. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid and unenforceable, the remainder of this Agreement and the application of i such terms or provision to persons or circumstances other than those as I: to which it is invalid or unenforceable shall not be affected thereby, and. each term or provision of this Agreement shall be valid and shall be i enforceable to the fullest extent permitted by law. 12.This document shall not and does not replace the GRANTEES' historical drainage rights associated with GRANTEES' Property i y IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S .. hand and seal the day and year first above written. I. Signed, sealed and delivered Indian River County, a political in the presence of: subdivision of the state of Florida signature: printed name: address: signature:___ printed name: address: STATE OF FLORIDA COUNTY OF INDIAN RIVER By Joseph E. Flescher, Chairman BCC accepted: Attest: Ryan L. Butler, Clerk of the Court and Comptroller Deputy Clerk The foregoing instrument was acknowledged before me by means of _ in person or _ online notarization this day of 2025, by Joseph E. Flescher, the Chairman of the Board of County Commissioners of Indian River County, Florida, on behalf of said entity. He is either personally known to me or has produced (driver's license or passport) as identification. (SEAL): NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to legal form and sufficiency: Susan J. Prado, Deputy County Attorney 4 63 I: Signed, sealed and delivered Grantee: I in the presence of: signature: printed n Orville Leon rd Ganbi III address:; +., a Address: 7590 66th Avenue ... Vero Beach, FL 32967 k signature: printed name: address: A 5 3 ,- i STATE OF FLORIDA + COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of in person or _ online notarization this day ofAUYt�, 2025; by Orville Leonard Ganbin, Ill He is either personally known to me or t i produced (driver's license or passport) as identification: NOTARY WXY d ti s Codon M FH 66W7 :��•o.f:�F: ,. Expi W APd 14, 2029 Commission No.:* Commission ExprraW Signed, sealed and delivered j Grantee: in the presence of: signature: printed name: Kelly L. Jackson a0dress: �1 t z: Address: 7590 66th Avenue fik—,4c+r . :: ,. Vero Beach, FL 32967 - I signature: printed name,' address: -11 STATE OF FLORIDA COUNTY OF INDIAN RIVER .. j The foregoing instrument was acknowledged before me by means of in person or online notarization this 5f}"hbay of ftor i 1 , 2025, by Kelly. 5 64 Lei 65 Sketch and Legal Descriptidn for: INDIAN RIVER COUNTY LEGAL DESCRIPTION BEING A PARCEL OF LAND LYING IN THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO LYING AND BEING IN A PORTION OF THE RIGHT OF WAY FOR 66th AVENUE (COUNTY ROAD 505) AS SHOWN ON THE UNRECORDED RIGHT OF WAY MAP PREPARED BY KIMLEY-HORN AND ASSOCIATES, (57th STREET TO C.R. 510) INDIAN RIVER COUNTY PROJECT No. 1505, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_ COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00°32'54" EAST, ALONG THE WEST LINE OF SAID SECTIOt 32, A DISTANCE OF 1380.65 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF THE SEBASTIAN RIVER DRAINAGE DISTRICTS LATERAL R -14E CANAL; THENCE SOUTH 89°53'04" EAST, ALONG SAID WESTERLY EXTENSION A DISTANCE OF 17.OD FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE NORTH 00"32'54" EAST, ALONG A LINE (SAID LINE BEING 17.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 32) A DISTANCE OF 219.33 FEET TO A POINT OF CURVATURE, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2928.00 FEET FROM WHICH THE CHORD BEARS NORTH 08°21'09" EAST, THENCE NORTHEAST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"3725", A DISTANCE OF 31,87 FEET TO THE CURVES END; THENCE SOUTH 81°20'08" EAST, RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 8.00 FEET TO A POINT ON A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2920.00 FEET FROM WHICH THE CHORD BEARS SOUTH 08°21'09" WEST (SAID POINT BEING ON THE EAST RIGHT CF WAY LINE OF 65th AVENUE AND THE EAST LINE OF RIGHT OF WAY ACQUISITION PARCEL No. 126, AS RECORDED IN OFFICIAL RECORD BOOK 3586, PAGE 2014, PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA) THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°36'48", A DISTANCE OF 31.26 FEET TO A POINT OF CUSP OF SAID PARCEL No. 128 AND THE CURVES END; THENCE SOUTH 00"32'54" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF 66th AVENUE (SAID LINE BEING 25.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 32) A DISTANCE OF 166.74 FEET TO THE SOUTH LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 3481, PAGE 1610, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 00"32'54" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID LATERAL R -14E CANAL: THENCE DEPARTING SAID EAS RIGHT OF WAY LINE, NORTH 89°53'04" WEST, ALONG THE WESTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF SAID LATERAL R -14E CANAL, A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,005 SQUARE FEET, MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Descriptlon was prepared with the benefit of a Right of way Map Survey prepared by Klmley-Horn & Associates for the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated July 24, 2017. 2).This legal description shall not be valid unless: (a) Provided In Its entirety consisting of 3 sheets, with sheet's 2 and 3 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). Bearings shown hereon are referenced to the West line of Section 32, Township 31 South, Range 39 East. Said line bears North 00°32'64" East, and all others are relative thereto. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PIAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP is not a BOundary SU Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STAT ES. °, , DATE OF SIGSIGNT= DAVID M. SII -.ON, P.S.M. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 INDIAN RIVER COUNTY, FL BLIC WORKS DEPLANGINEERING DIV. JOB NO: F 3 J R. INGLETT Sketch and Legal Description for:: INDIAN RIVER COUNTY (7950 66th Avenue Jackson-Ganbin) 66 Sketch and Legal Description for: INDIAN RIVER COUNTY = INDIAN RIVER FARMS RANCH LLC Match Line "A" L (See Sheet 3 of 325 = LIMITED LIABILITY COMPANY to zo = OFFICIAL RECORD BOOK ---- =PAGE (P) Northwest 1/4 of the Southwest 1/4 P.B. ^ PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. Section 32, R O q Z R/W = RIGHT-OF-WAY T = TOWNSHIP TOWNSHIP 31 SOUTH, 9 Township 31 south, Range 39 East '* N U zd M N n N 06 31-39-32-OOOOG--5000-00009.0 LEONARD GANBIN AND KELLY JACKSON 3 g w OY O ^ N M .- O 7950 66th AVENUE O.R.B. 3461, PG. 1610 m0a O V1 c�( . � W In 1+1 T Q D = SOUTH LINE OF OFFICIAL >' 0 y I / RECORD 800K 3481, PAGE 1810 NOT TO SCALE 0 3 0 >- LL N M — — VI L' C) M F O z =z H F C) � O U ~ z( Ld az Q SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 SECTION 31. TOWNSHIP 31 SOUTH, RANGE 39 EAST Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS RANCH LLC WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK PGE =PAGE (P) = PLAT P.B. = PLAT BOOK PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R =RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP TOWNSHIP 31 SOUTH, TOWNSHIP 32 SOUTH, is is not a Boundary Su .r1 co • < W q 31-39-32-00000-5000-00008.0 0 ; zJETA RANCH LLC Z i' Ln Q ADDRESS UNASSIGNED F ¢ N O O,R,B. 2939, PG 2151 O < V) 31t/ 32 39 EAST 6 T 5 INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 04/28/2025 R. INGLETT OVED BY: N A _ T: JOB NO: OF 3 �S— 9'53'04"W , NORTH RIGHT OF WAY LINE OF 8.00 LATERAL R -14E CANAL Point of Beainnin WESTERLY EXTENSION OF THE NORTH RIGHT OF WAY UNE OF THE LATERAL R -14E CANAL Lateral R -14E Canal (SEBASTIAN RIVER DRAINAGE DISTRICT) 100' WIDE RIGHT OF WAY SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF WAY LINE TOWNSHIP 31 SOUTH, RANGE 39 C Sketch and Legal Description for: INDIAN RIVER COUNTY (7950 66th Avenue Jackson-Ganb1n) 67 Sketch and Legal Description for: INDIAN AIVER COUNTY RIGHT OF WAY 17' S81'20'08"E +, M Z ¢ ACQUISI11ON PARCEL No. 128 --- • 8.00 O.R.B. 3586, PG. 2014 : a C3 `"-----_ A-037'25" R=2928.OD' RIGHT OF WAYLINEAL _- L=31.87' w EAST EAST LINE PARCEL 128 - j Z o m LO CB=NO8'21'09"E a O.R.B. 3586, PG. 2014 6 0'38'46" Lo O 6 R=2920.00' LO P.C. • L=31.26' _ - 26'CB=S08'21'09"W a LU � xp 0 r w q< = POINT OF CUSP NOT TO SCALE X� ^ a A Northwest 1/4 of the Southwest 1/4 z PARCEL No. 128 68 T < �— 17' +, M Z ¢ --- : a C3 ?- w C) a w q< = M M Northwest 1/4 of the Southwest 1/4 z qCj z 2 < Section 32, Q U).� Township 31 south, Range 39 East �� Wco � F- n � N 1 o � 00 31-39-32-00000-5000-00009.0 LEONARD GAN61N AND KELLY JACKSON + W U i�3 (b 7950 66th AVENUE CQ Z N o L.1 '- O.R.B. 3461. PG. 1610 M U') 3 a�' z N 'd w Q Z 01 M z � � O 26' Legend and Abbreviations CONTAINING: 2,005 SQUARE FEET± C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK PGE = PAGE i (P) = PLAT P.B. =PLAT BOOK Match Line "A" (See Sheet 2 of 3) PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. - SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T =TOWNSHIP This Is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL sketch and Legal DGSription PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: for: ; 04/28/2025 R. INGLEI'T SCALE: APPROVED BY: INDIAN RIVER COUNTY N/A D. SILON SHEET: JOB NO: (7950 66th Avenue Jackson-Ganbin) 3 OF 3 1 1505E 68 Indian River County, Florida * * MEMORANDUM ��ORIpA File ID: 25-0501 Type: Consent Staff Report TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne M. Boyll DATE: May 5, 2025 �r_ Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Updated RX Benefits Administrative Services Agreement dated October 1, 2024 and Exhibit A - Pricing Addendum Effective January 1, 2025 BACKGROUND Effective May 1, 2018, Indian River County Board of County Commissioners approved a recommendation to carve -out the pharmacy benefit under the County's group health insurance program from Florida Blue and select Express Scripts as the pharmacy benefit manager. Administrative services for the pharmacy benefit are provided by RX Benefits. Pricing and rebates are updated annually in January of each year and provided to the BOCC for approval. The initial term of our agreement with RX Benefits was May 1, 2018 through April 30, 2019. The agreement has renewed annually thereafter. In April 2022, we aligned the agreement with RX Benefits to coincide with our benefit plan year beginning October 11 of each year and ending on September 301, and subsequent 12 -month renewal periods would begin on October 11 and end on September 30' (2023 ASA addendum effective April 30, 2022). An additional cost reduction was implemented which removed the $0.40 per claim fee under the Manufacturer Copay Assistance Program Section of Table 2.1 of Exhibit A effective as of April 1, 2022. This results in an annual savings of approximately $17,600 per year. All pricing and rebate guarantees remain consistent with the in -force pricing agreements. These changes were reflected in the 2023 Administrative Service Agreement addendum approved by the BOCC on February 7, 2023. Indian River County continued the relationship with RX Benefits and extended the contract an additional year effective October 1, 2024 through September 30, 2025. RX Benefits has provided an updated Administrative Services Agreement (ASA) effective October 1, 2024 that also includes the improved pricing that went into effect January 1, 2025. The agreement has been reviewed by Lockton and there were no concerns regarding the contract updates. The agreement has also been reviewed and approved by the County Attorney's office. The new ASA focuses on adding signature list pricing addendums moving forward which would provide for pricing improvements without requiring additional signatures. Pricing updates happen annually effective January 1St for all RX Benefits clients irrespective of the plan year. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by LegistarTI, 69 ANALYSIS The improved January 1, 2025, pricing and rebates reflect a reduction in costs of approximately $300K annually which represents an improvement of 5.62%. See attached pricing analysis. BUDGETARYIMPACT Funding for the pharmacy benefit is included in the health plan trust fund. PREVIOUS BOARD ACTIONS Approved initial agreement with RX Benefits in 2018 and subsequent annual renewals and amendments to the pricing agreement. STRATEGIC PLAN ALIGNMENT Approved initial agreement with RX Benefits in 2018 and subsequent annual renewals and amendments to the pricing agreement. STAFF RECOMMENDATION Staff respectfully requests the Board of County Commissioners approve and authorize the Board Chairman to sign the updated 2024 Administrative Services Agreement reflecting the improved January 1, 2025 pricing with RX Benefits after review and approval by the County Attorney. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistar- 70 ADMINISTRATIVE SERVICES AGREEMENT by and between RgBenefits, Inc. and Indian River County Board of County Commissioners EFFECTIVE AS OF: October 1, 2024 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 71 ADMINISTRATIVE SERVICES AGREEMENT THIS ADMINISTRATIVE SERVICES AGREEMENT, dated effective as of 12:01 a.m. local time in Birmingham, Alabama on October 1, 2024 ("Effective Date"), is made and entered by and between RxBenefits, Inc., an Alabama corporation ("Administrator"), and Indian River County Board of County Commissioners ("Client"). Administrator and Client are sometimes referred to herein individually as a "EgM�" and collectively as the "Parties." Recitals A. Client has indicated a desire to enter into a contractual relationship with Administrator in order to procure the administration of prescription drug benefits to Client's Members (defined below) by Client's execution of this Agreement (defined below), including without limitation the Client application attached to this Agreement and incorporated herein by reference as Exhibit A (the "Client Application"); B. This Agreement shall replace and supersede any previous administrative services agreement between the Parties in its entirety. Any such previous administrative services agreement shall terminate as of the Effective Date, and this Agreement shall control as the sole Administrative Services Agreement in full force and effect hereafter. C. Administrator desires to administer the prescription drug benefits specified in Client's Plan described herein in a ministerial capacity, subject to all the terms and conditions thereof; and D. Administrator has entered into an agreement with an independent, third -party pharmacy benefit manager, Express Scripts, Inc. (hereinafter referred to as "PBM" or "ESI"), for the purpose of being able to provide a network of pharmacies and related pharmacy benefit management programs and services for utilization by Client and its Members as administered through Administrator working in conjunction with Client, all as more fully provided for in this Agreement. Agreement NOW, THEREFORE in consideration of the mutual covenants, duties and obligations made by the Parties herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: ARTICLE I — CERTAIN DEFINITIONS A. The initially capitalized terms below in this Section A of Article I shall have the following meanings when used in this Agreement. In addition, there are other initially capitalized terms that are defined in other parts of this Agreement and such terms shall have the meanings ascribed to them in such other parts of this Agreement whenever they are used in this Agreement. "340B Claim" means (i) Prescription Drug Claims submitted by 340B contracted pharmacies that adjudicate at a 340B price or are submitted with a submission clarification code of "20" or such equivalent codes for such Participating Pharmacies under the applicable NCPDP format (or any successor format); (ii) Prescription Drug Claims submitted by a 340B covered entity -owned or 340B contracted pharmacies which are categorized as Type 39 (or such equivalent codes) in the NCPDP DataQ database or otherwise identified as a 340B Claim by the dispensing pharmacy; or (iii) Prescription Drug Claims identified as a 340B Claim by a third party administrator. "Administrator Intellectual Property" means (i) all software, software platforms, interfaces, codes, and algorithms thereof used by Administrator in connection with the Services; (ii) all Databases; (iii) all Re- identified Data; (iv) all Materials; (v) all Confidential Information of Administrator; (vi) Administrator's name, trademarks, service marks, and logo(s), together with all goodwill associated therewith; and (vii) any and all non -Client data supplied to Administrator by its third party licensors or otherwise acquired by Administrator. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND PMENEFITS 72 "Agreement" means this Administrative Services Agreement between Administrator and Client, the Client Application and all other exhibits, supplements, amendments, addenda and/or schedules to this Administrative Services Agreement. "Ancillary Supplies, Equipment, and Services" or "ASES" means ancillary supplies, equipment, and services provided or coordinated by ESI Specialty Pharmacy in connection with ESI Specialty Pharmacy's dispensing of Specialty Products. "Average Wholesale Price" or "AWP" means the average wholesale price of a prescription drug as identified by drug pricing services such as Medi -Span, the drug manufacturer or other source recognized in the retail prescription drug industry (the "Pricing Source'). If the Pricing Source discontinues the reporting of AWP or materially changes the manner in which AWP is calculated or reported, then ESI reserves the right to make an equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this Agreement. "Brand/Generic Algorithm 'or "BGA" means ESI's standard and proprietary brand/generic algorithm utilized by ESI, a copy of which may be made available for review by Client upon request; ESI may require that Client sign a non -disclosure with ESI in order to receive a copy of the BGA. The purposes of the algorithm are to stabilize products "flipping" between brand and generic status and to reduce Client, Member and provider confusion due to fluctuations in brand/generic status. Administrator or its Auditor may audit ESI's application of its BGA to confirm that ESI is making brand and generic drug determinations consistent with such algorithm. "Brand Drug" means a prescription drug identified as such in ESI's master drug file using indicators from First Databank (or other source nationally recognized in the prescription drug industry used by ESI for all clients) on the basis of a standard Brand/Generic Algorithm utilized by ESI for all of its clients, a copy of which may be made available for review by Administrator, Client, or its Auditor upon request. Notwithstanding the foregoing, certain prescription drug medications that are licensed and then currently marketed as brand name drugs, where there exists at least one (1) competing prescription medication that is a generic equivalent and interchangeable with the marketed brand name drug, may process as "Generic Drugs" for Prescription Drug Claim adjudication and Member Copayment purposes. "Business Days" or "business days" means all days except Saturdays, Sundays, and federal holidays. All references to "day(s)" are to calendar days unless "business day" is specified. "Claims Cycle" means the frequency by which Prescription Drug Claims are billed. "Claims Older than 180 Days" means Claims that have not been submitted to ESI within 180 days of the service date of the claim. "Client Data" means Raw Data received by Administrator from Client in connection with the Services. "Contract Year" means the full twelve (12) month period commencing on the Effective Date and each full consecutive twelve (12) month period thereafter that this Agreement remains in effect. "Copayment" means that portion of the charge for each Covered Drug dispensed to the Member that is paid by the Member (e.g., copayment, coinsurance and/or deductible). A Member's Copayment charged for a Covered Drug will be the lesser of the applicable Copayment, AWP discount (e.g. MAC price for Generic Drugs), or U&C. "Cost Share" means the amount which a Member is required to pay for a prescription or authorized refill in accordance with the Plan Design, which may be a deductible, a percentage of the prescription price, a fixed amount and/or other charge or penalty. 2 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 73 "Covered Drue(s)" means those prescription drugs, supplies, Specialty Products and other items that are covered under the Plan, each as indicated on the Set -Up Forms. "Databases" means any and all databases in which all or any portion of the Service Data is stored. "De -identified Data" means de -identified or anonymized data derived by Administrator from the modification, arrangement, aggregation, reconfiguration, manipulation, compilation, processing, reformatting, and/or parsing of Client Data. "Dispensing Fee" means the amount payable by Client as a dispensing fee per prescription or authorized refill to a Member as set forth on Exhibit A to this Agreement. "Eligibility_ Files" means the list submitted by Client to Administrator in reasonably acceptable electronic format indicating persons eligible for drug benefit coverage services under the Plan. "ERISA" means the Employee Retirement Income Security Act of 1974, as amended, and the regulations promulgated thereunder. "ESI Mail Pharmacy" means a pharmacy owned or operated by ESI or one or more of its affiliates, other than an ESI Specialty Pharmacy, where prescriptions are filled and delivered to Members via mail delivery service. "ESI Specialty Pharmacy" means Accredo Health Group, Inc., Express Scripts Specialty Distribution Services, Inc., or another pharmacy or home health agency owned or operated by ESI or its affiliates that primarily dispenses Specialty Products. When the ESI Mail Pharmacy dispenses a Specialty Product, it shall be considered an ESI Specialty Pharmacy hereunder. "Exclusive or Limited Distribution Product" means a Specialty Product that is not generally available from most or all pharmacies but is restricted to select pharmacies as determined by a pharmaceutical manufacturer. "FDA" means the United States Food and Drug Administration. "Fees" means, with respect to Client, all the fees specified on the applicable Exhibit(s) attached hereto and all other amounts due by Client hereunder, which Client (or, if applicable, any Member) is required to pay pursuant to the terms and conditions of this Agreement. In the event ESI, Administrator and Client agree upon a modification of the Fees from time to time, Client shall be responsible for timely communicating such changes to Members and for obtaining the necessary consents, if any, required from Client and/or Members in order to implement the new pricing. "Formularv" means the list of FDA -approved prescription drugs and supplies developed by ESI's Pharmacy and Therapeutics Committee and/or customized by Client, and which is selected and/or adopted by Client. The drugs and supplies included on the Formulary will be modified by ESI from time to time as a result of factors, including, but not limited to, medical appropriateness, manufacturer Rebate arrangements, and patent expirations. Additions and/or deletions to the Formulary are hereby adopted by Client, subject to Client's discretion to elect not to implement any such addition or deletion through the Set -Up Form process, which such election shall be considered a Client change to the Formulary. "Generic Drug" means a prescription drug, whether identified by its chemical, proprietary, or non-proprietary name, that is therapeutically equivalent and interchangeable with drugs having an identical amount of the same active ingredient(s) and approved by the FDA, and which is identified as such in ESI's master drug file using indicators from First Databank (or other source nationally recognized in the prescription drug industry used by ESI for all clients) on the basis of a standard Brand/Generic Algorithm utilized by ESI for all of its clients, a copy of which may be made available for review by Client or its auditor upon request. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations promulgated thereunder. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 74 "In -House Pharmacy" means a pharmacy that is located on Client's site that is either owned and operated by Client or a third party (not ESI) on behalf of Client, or with which Client, or a third party (not ESI) on behalf of Client, has a contractual arrangement in order for such pharmacy to dispense prescription drugs to Client's Members. Client acknowledges and agrees that, except for processing claims from the In -House Pharmacy at No Bill No Remit, Administrator and ESI have no responsibility or liability with respect to the In -House Pharmacy, including but not limited to, credentialing the In -House Pharmacy, auditing the In -House Pharmacy, or payment of amounts due by Client to the In -House Pharmacy. Client agrees to indemnify and hold Administrator and ESI harmless with respect to any dispute, claim or otherwise arising out of or resulting from Client's arrangement with the In -House Pharmacy. "Intellectual Property" or "Intellectual Property Right(s)" means all intellectual property of any nature or kind belonging to, or controlled by, a Party, whether protected, created, or arising under any United States federal, state, or local law, or under any federal, state, or local law of any other country, or under international treaty or convention, and all right, title, and interest therein and thereto. "Limited Distribution Claims" means those prescription drug products including but not limited to Specialty medications that enter the market with exclusive and/or supply limitations or restrictions that limit marketplace competition. "Losses" means any and all liabilities, damages, claims, causes of action, judgments, demands, penalties, fines, assessments, costs, expenses, fees (including without limitation attorneys' fees and other professional fees) and other losses of any kind or nature whatsoever. "MAC" or "Maximum Allowable Cost" means the maximum unit ingredient cost payable by Client for a drug on the MAC List based on maximum reimbursement payment schedule(s) developed or selected by ESI. The application of MAC pricing may be subject to certain "dispensed as written" (DAV) protocols and Client defined plan design and coverage policies. "MAC List" means a list of off -patent prescription drugs or supplies subject to maximum reimbursement payment schedules developed or selected by ESI. "Manufacturer Administrative Fees" means those administrative fees paid by manufacturers to ESI in connection with ESI's administering, invoicing, allocating and collecting the Rebates under the Rebate program. "Materials" means all documents, information, and materials provided or otherwise made available to Client through the Services, including any reports or other tangible and intangible expressions of De -identified Data generated, produced, and/or made available through the Services. "Member" means each person who is eligible to receive prescription drug benefits as indicated by or on behalf of Client in the Eligibility Files and with respect to whom Administrator possesses Raw Data. "Member Submitted Claim" means a paper claim submitted by a Member for Covered Drugs dispensed by a pharmacy for which the Member paid cash. "No Bill, No Remit" means the pass through or Client provided pricing set up by ESI, at Client's request, to support Client's In -House Pharmacy. "Over -the -Counter (OTC)" means those Prescription Drug Claims for Covered Drugs that a Member is typically able to obtain without a prescription or may require a prescription for higher strengths and/or concentrations such as but not limited to multivitamins, water soluble vitamins, etc. "Pass -Through" means the actual ingredient cost and dispensing fee amount paid by ESI for the Prescription Drug Claim when the claim is adjudicated to the Participating Pharmacy, as set forth in the specific Participating Pharmacy remittances related to Client's claims. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 75 "Participating Pharmacy" means any licensed retail pharmacy with which ESI or one or more of its affiliates has executed an agreement to provide Covered Drugs to Members but shall not include any mail order or specialty pharmacy affiliated with any such Participating Pharmacy. Participating Pharmacies are independent contractors of ESI. "PDL" means the PBM Performance Drug List, which is a list of preferred pharmaceutical products, created and maintained by PBM, as amended from time to time, which: (a) has been approved by PBM's pharmacy and therapeutics committee; and (b) reflects PBM's recommendations as to which pharmaceutical products should be given favorable consideration by plans and their participants. "Person" means any individual, corporation, partnership, limited liability company, joint venture, trust, unincorporated organization, government or any agency or instrumentality thereof, or other juridical person recognized by law. "Personal Data" means all data identifying, or identifiable to, a specific Member, including Protected Health Information. "Plan" means the self-funded prescription drug benefit plan(s) administered and/or sponsored by Client. "Plan Administrator" means the Plan sponsor or committee designated by the Plan sponsor with respect to the Plan, as contemplated by Section 3(16)(A) of ERISA. "Plan Design" means drug coverage, days' supply limitation, Cost Share, Formulary (including Formulary drug selection and relative cost indication) and other Plan specifications applicable to the Plan designated for Client as set forth in this Agreement or otherwise documented between the Parties. "PMPM" means per Member per month fee, if applicable, as determined by Administrator from the Eligibility Files. "Prescription Drug Claim" or "Claim" means a Member Submitted Claim, Subrogation Claim or claim for payment submitted to ESI by a Participating Pharmacy, ESI Mail Pharmacy, or ESI Specialty Pharmacy as a result of dispensing Covered Drugs to a Member. "Primary Member" means each Member, excluding Members who are qualified dependents. "Protected Health Information" or "PHI" shall have the meaning given such term by HIPAA, but limited to that information created or received by PBM in its capacity as a subcontractor to Administrator or by Administrator in its capacity as a business associate to the Plan. "Raw Data" means all data (including all Personal Data) related to a Member created, collected, and/or maintained by or on behalf of Client, as such data exists immediately before it is disclosed to Administrator to perform the Services. "Rebates" mean formulary rebates that are paid to ESI pursuant to the terms of a formulary rebate contract negotiated independently by ESI and directly attributable to the utilization of certain Covered Drugs by Members. For sake of clarity, Rebates also include inflation protection payments (applies only to specialty carve out). For sake of clarity, Rebates do not include, for example, Manufacturer Administrative Fees; product discounts or fees related to the procurement of prescription drug inventories by ESI Specialty Pharmacy or the ESI Mail Pharmacy; inflation protection amounts (does not apply to specialty carve out); fees received by ESI from pharmaceutical manufacturers for care management or other services provided in connection with the dispensing of products; or other fee-for-service arrangements whereby pharmaceutical manufacturers generally report the fees paid to ESI or its wholly-owned subsidiaries for services rendered as "bona fide service fees" pursuant to federal laws and regulations (collectively, "Other Pharma Revenue"). Such laws and regulations, as well as ESI's contracts with pharmaceutical manufacturers, generally prohibit NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 76 ESI from sharing any such "bona fide service fees" earned by ESI, whether wholly or in part, with any ESI client. "Representatives" of a Party means such Party's directors, officers, managers, employees, agents and other representatives. "Service Data" means Client Data and De -identified Data. "Services" means the provision, maintenance, and support of the services set forth in this Agreement and the Client Application, including the improvement, augmentation, and development of such services and Administrator's other products and services, including through the use of artificial intelligence, generative artificial intelligence and/or other automation technologies. "Set -Up Forms" means any standard Administrator or PBM document or form, which when completed and signed by or on behalf of Client (electronic communications from Client indicating Client's approval of a Set - Up Form shall satisfy the foregoing), will describe the essential elements adopted by Client for its Plan. "Single Source Products" means a prescription medication that is: (i) approved by the FDA under a generic drug ANDA application and is licensed and then currently marketed by only one generic drug manufacturers under separate ANDA applications; or (ii) subject to patent litigation. "Specialty Product List" means the list of Specialty Products applicable (exclusive or open) to Client, maintained and updated by ESI from time to time. The Specialty Product List is available to Client upon request. "Specialty Products" means those injectable and non -injectable drugs on the Specialty Product List. Specialty Products, which may be administered by any route of administration, are typically used to treat chronic or complex conditions, and typically have one or more of several key characteristics, including frequent dosing adjustments and intensive clinical monitoring to decrease the potential for drug toxicity and increase the probability for beneficial treatment outcomes, patient training and compliance assistance to facilitate therapeutic goals, limited or exclusive product availability and distribution (if a drug is only available through limited specialty pharmacy distribution it is always considered a Specialty Product), specialized product handling, and/or administration requirements. "Subrogation Claim" means subrogation claims submitted by any state or a person or entity acting on behalf of a state under Medicaid or similar United States or state government health care programs, for which Client is deemed to be the primary payor by operation of applicable federal or state laws. "Term" shall mean the time period between the Effective Date and termination of this Agreement, including the Initial Term, as extended by any Renewal Term (as such terms are defined in Article VLA). "Usual and Customary Price" or "U&C" means the retail price charged by a Participating Pharmacy for the particular drug in a cash transaction on the date the drug is dispensed as reported to ESI by the Participating Pharmacy. ARTICLE II — ADMINISTRATIVE SERVICES PROVIDED A. Administrator shall administer the prescription drug benefits provided by the Plan, subject to all of the terms and conditions of this Agreement, as the same may be amended or supplemented from time to time. B. Administrator shall provide such assistance as may reasonably be necessary to Client's personnel in enrollment of eligible employees and former employees and dependents eligible under the Plan. Administrator shall maintain up-to-date eligibility status records on all enrolled Members as submitted by Client for purposes of appropriate adjudication of Prescription Drug Claims under the Plan. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 77 C. Administrator shall issue (or cause to be issued) prescription drug cards to each Member -employee who is enrolled in the Plan and who is declared eligible by Client, as evidence of such Member -employee's entitlement to prescription drug benefits under the Plan. D. Upon reasonable request, Administrator shall provide Client with costs projections and analyses of Claims and such other statistical data as may reasonably be requested by Client in connection with Client's management, oversight and control of the Plan. Client acknowledges, understands, and agrees that due to the various factors that can affect live claims adjudication, including, but not limited to, changes in the member population, utilization, drug mix, and other factors, and the fact that costs projections are based on historical and/or test claims only, Administrator does not guarantee the accuracy of any costs projections and shall not be liable or otherwise held responsible for any Losses arising out of or related to such costs projections or the provision thereof. E. Administrator shall invoice Client for the Prescription Drug Claims due to be paid and shall collect Prescription Drug Claims due, plus monthly Transaction Fees and any other fees payable by Client under Article IV hereof and/or the Client Application. F. Client expressly authorizes Administrator to use automation technologies, including, without limitation, artificial intelligence and generative artificial intelligence, in the provision of the Services, and Administrator may deploy such technologies and update and/or change them to reflect current technologies and methodologies; provided that any such use of automation technologies and methodologies by Administrator shall be in compliance with all applicable laws and the terms of this Agreement, including without limitation the confidentiality provisions and the Business Associate Agreement. ARTICLE III — DUTIES OF CLIENT A. Client shall be solely responsible for determining the eligibility of its employees and their dependents to participate and receive benefits under the Plan. B. Administrator has established and shall maintain an administrative portal (the "Portal") through which Client shall have the ability to access, revise and update the eligibility and enrollment information of the Members. Client agrees that it shall be solely responsible for simultaneously effecting timely revisions and updates to the enrollment information (1) through the Portal (or, in the alternative, through a secure file transfer protocol (ftp) site or via secure electronic data file in a format acceptable to Administrator delivered to Administrator via electronic mail); and (2) in any source system where the information is maintained by, or on behalf of, Client. Client shall be responsible for the accuracy of the enrollment information and any and all revisions and updates to the enrollment information. Upon becoming aware of any error in the enrollment information, Client shall promptly correct the information as necessary in the source system (if applicable) and through the Portal or via other acceptable alternative means provided for above in this Article III.B. Administrator shall not be responsible for Prescription Drug Claims payments made to Members or ineligible and former employees of Client who are no longer or, if applicable, should never have been Members, based on information that is or was inaccurate, was not updated or not updated on a timely basis, or otherwise revised as required by Client or this Agreement. Administrator agrees that revisions and updates to the enrollment or other applicable Member or Prescription Drug Claim information made as described above will be considered for purposes of this Agreement revised and updated within forty-eight (48) hours. For emergency revisions and updates that need to be effective on the same day, Client must call in or fax such revisions and updates to Administrator during Administrator's normal business hours and follow up with Administrator as appropriate to ensure such revisions and updates become effective on the same day to the extent reasonably possible. In addition, to the extent such emergency revisions are communicated by Client to Administrator orally (e.g., via telephone), Client agrees (and it shall be Client's sole responsibility) to provide Administrator with a written description in reasonable detail setting forth the emergency revisions and/or updates within forty-eight (48) hours after such emergency revisions/updates were orally communicated by Client to Administrator. C. Administrator will provide unique passwords or passcodes to Client that will permit Client to access, revise, and update the enrollment information on the Portal. For password access, Client will distribute the passwords to the individuals named on the list of authorized users (the "Users"), provided by Client to Administrator, as NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 78 updated from time to time. For passcode access, Administrator will provide a passcode to a User upon the User's request through Administrator's system for access to the Portal. Client is responsible for all uses of the passwords and passcodes, whether or not authorized by Client. Client is responsible for maintaining the confidentiality of the passwords and passcodes and ensuring that the Users also maintain such confidentiality. Client agrees to immediately notify Administrator of any unauthorized use of a password or passcode of which Client becomes aware or has a reasonable basis to believe to have occurred. Client shall indemnify, defend and hold harmless Administrator and its Representatives from and against all Losses resulting from, arising out of or relating to any unauthorized use or access, except where such Losses result solely from the willful or intentional act or misconduct or negligence of Administrator. To amend the list of Users, Client must notify Administrator in writing of such amendment(s). Within one (1) business day after the business day on which Administrator receives such amendment(s) in writing from Client, Administrator will deactivate the password(s) issued to any deleted User(s) and will activate and issue new password(s) for any new User(s) identified by Client. Notwithstanding anything in this Agreement to the contrary, Administrator shall not (and Client acknowledges and understands that Administrator shall not) be liable or otherwise held responsible for fraudulent Prescription Drug Claims submitted by any Member, other third party acting or purporting to act on any Member's behalf or any unauthorized party using any Member's prescription drug card, information or otherwise. D. Client expressly understands, acknowledges and agrees that any and all information, data, documentation or software disclosed by Administrator and/or PBM in the course of conducting its business and performing administrative and related services for Members and/or Client are confidential and proprietary to, and a valuable trade secret of, Administrator and/or PBM and that any disclosure or unauthorized use - that is, any use other than to evaluate Administrator's performance under this Agreement - will cause irreparable harm and damage to Administrator and/or PBM. Client shall not, directly or indirectly, release or disclose or otherwise use or attempt to use any patient -specific prescription information, trade secrets, proprietary software and technical processing, financial, pricing or other confidential information of Administrator and/or PBM obtained by Client from Administrator and/or PBM (regardless of the reason such information was provided or obtained) to any other party or for the benefit of any other party without the prior written consent of Administrator and/or PBM. E. Client expressly represents and warrants that (i) it has provided notice to its employees and their dependents regarding participation in the Plan and Client's disclosure or anticipated disclosure of employee or dependent confidential information, including, without limitation, Client Data, to Administrator in connection with the Plan and applicable law, and (ii) it has obtained all required rights, approvals, licenses, consents and/or other approvals or authorizations (either in writing or through opt -out procedures) from each Primary Member or, if applicable, each dependent Member or other applicable party, regarding such disclosures to Administrator for purposes of this Agreement and the services provided to Client and Members hereunder, and relating to the use and disclosure of information by Administrator or other applicable parties, including without limitation PHI under HIPAA as permitted under this Agreement or as otherwise reasonably necessary to effect and/or carry out the purposes and intent of this Agreement and the services to be performed and rendered by Administrator, PBM, Client or other applicable third parties with respect to this Agreement. Client shall be responsible for the accuracy, quality, and legality of all Client Data and the means by which Administrator acquires such data. Further, to the extent applicable, Client hereby authorizes PBM to contract with pharmaceutical companies for Rebates as a group purchasing organization for the Plan. PBM and/or Administrator may use, disclose, reproduce or adapt information obtained in connection with this Agreement, including Prescription Drug Claims and eligibility information, which is not identifiable on a Member basis. PBM and/or Administrator shall maintain the confidentiality of this information to the extent required by applicable law, and may not use the information in any way prohibited by applicable law. F. Should Client identify erroneous, mistaken or incorrect Prescription Drug Claims payments made by Administrator, refunds in the amount of any such erroneous Prescription Drug Claims payments to Client shall be made by Administrator within thirty (30) days after the Claim has been reprocessed, following receipt by Administrator of written notice from Client identifying such errors and providing reasonable supporting documentation. Client acknowledges, covenants and agrees that such refunds made by Administrator as provided in this Article III.F shall be the sole and exclusive remedy of Client and any Member against Administrator, its Representatives or any third party (including PBM) resulting from any such erroneous, NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 79 mistaken or incorrect Prescription Drug Claims payments made by or to Administrator, and Client further covenants and agrees to hold harmless and indemnify Administrator and its Representatives for any Losses beyond such refunds claimed by any party from Administrator. The Parties acknowledge that Administrator may seek to recover any overpayments from the Members, the providers of service or any other party unjustly enriched as a result of such overpayments at any time after notice or awareness of any such error. G. Without limiting the generality or scope of any other provision of this Agreement, Administrator shall not be held responsible or liable for any performance standard or obligation required of it hereunder if Client (or Client's designee(s)) or any Member fails to provide Administrator with accurate, timely and complete information as necessary and/or required to meet any such performance standard or obligation under this Agreement or otherwise. ARTICLE IV — FINANCIAL ARRANGEMENT A. Administrator will invoice Client for the Prescription Charges paid during the immediately prior Claims Cycle in accordance with the Claims Cycle billing applicable to PBM's adjudication platform. Administrator may charge Client administration fees (a) per Member or Member -employee per calendar month payable on a monthly basis, and/or (b) per Prescription Drug Claim made by Members payable on a bi-weekly (i.e. every two weeks) basis, and/or (c) as a lump sum amount payable on a monthly basis (collectively, the "Transaction Fees"). The Transaction Fees to be paid by Client to Administrator under this Agreement are as specified in the Client Application. B. All invoices will be due and payable seven (7) days from receipt by Client and payment shall in no event be received by Administrator later than the due date stated in the invoice. Refer to Article V, below, for rules applicable to late payment of invoices. Client shall not (and acknowledges that it shall not) have any right to offset any disputed amounts or amounts due and/or payable or purported to be due and/or payable from Administrator and/or PBM from any payments of Client except as specifically approved in writing by Administrator. C. Administrator's charges to Client for Prescription Drug Claims will include the sum of the Prescription Charges (defined below) with respect to such Prescription Drug Claims that Administrator has paid or is obligated to pay to PBM on behalf of Client. For purposes of this Agreement, the "Prescription Charges" with respect to a particular Prescription Drug Claim shall be an amount equal to: (a) the lesser of. (i) the sum of (x) the ingredient cost of the drug, plus (y) the pharmacy dispensing fee for such drug (each as set forth on the Client Application); or (ii) the pharmacy's U&C amount for such drug; plus (b) state tax, where applicable; minus (c) Cost Share. In addition to and without limiting the foregoing, any sales, use or other tax or assessment, including without limitation any surcharge or similar fee imposed under applicable law on any health care provider, Client, Member, service, supply or product provided or to be provided under this Agreement, will be the responsibility of Client and will be added to any invoices to Client hereunder as applicable. D. Client acknowledges that there are certain clinical programs and related prescription drug services (e.g., formulary management, generic substitution programs, prior authorizations, appeals) made available by PBM and other strategic partners of Administrator and administered by Administrator for the benefit of Client and its Members which Client may elect, in its discretion and subject to mutual agreement with Administrator, to include as part of the prescription drug benefits and services made available by Client to its Members under this Agreement (collectively, "Clinical Programs" and "Optional Services"). Client further acknowledges and agrees that (a) any such Clinical Programs and Optional Services it elects to include as part of its Plan may NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 80 require the payment of additional charges as set forth in the Client Application (collectively, the "Program Fees") and (b) a portion of any such Program Fees paid by Client may be retained by Administrator. E. Client acknowledges and understands that PBM, through its contractual arrangement with Administrator, guarantees certain Rebates as set forth in the Client Application. The Parties further acknowledge and understand that no Rebates or similar discounts or payments will be paid to the Parties with respect to any Prescription Drug Claims reimbursed on a unit basis by Medicaid agencies or other federal or state healthcare programs. F. Client acknowledges and is aware that Administrator, pursuant to its contractual agreement with PBM, (i) is paid by PBM an administrative services credit payment per mail and retail Prescription Drug Claim administered by Administrator on behalf of each Member in the Plan (the "PBM Service Credit"); and (ii) may also receive from PBM a one-time per Member implementation and marketing credit payment designed to reimburse Administrator for actual expenses and out-of-pocket costs incurred by Administrator to market and implement PBM products and services and transition Client (and its Members) to PBM's benefit offerings (the "Implementation Credit"). It shall be Administrator's responsibility to obtain and collect such PBM Service Credit and the Implementation Credit directly from PBM and Client shall have no responsibility (payment or otherwise) with respect to such credit due to Administrator. The Parties acknowledge and agree that (1) Administrator shall be responsible for any and all transition and implementation costs it incurs (exclusive of any Implementation Credit received by it as described above) with respect to the marketing and transition of Client (and its Members) to benefit offerings administered by Administrator for Client, and (2) Client shall be responsible for any and all transition and implementation costs it incurs with respect to the transition and implementation of such benefit offerings (e.g., Client's Human Resources Department's work, legal work on the Plan to update Plan documents, etc.). To the extent applicable to the Parties, it is the Parties' intention that, for purposes of the Federal Anti -Kickback Statute and any required government reporting, the PBM Service Credit and Implementation Credit shall constitute and shall be treated by Administrator and Client as a discount against the price of drugs within the meaning of 42 U.S.C. § 1320a-7b(b)(3)(A). By executing this Agreement, each of Administrator and Client hereby agrees that the Administrator and PBM are warranting that the PBM Service Credit and any Implementation Credit shall be so treated and reported, as and to the extent applicable to each such Party. G. Client acknowledges that Administrator may, in its sole discretion, compensate brokers and/or third -party consultants from monies received or due to be received by Administrator. ARTICLE V — LATE PAYMENT A. If the Prescription Charges for Prescription Drug Claims, the Transaction Fees, the Program Fees, or any other amounts due under this Agreement are not paid by Client and received by Administrator by the due date of the applicable invoice, then Client shall pay Administrator a service charge equal to five percent (5%) (or the maximum amount allowable under applicable law if such amount is less than five percent (5%)) of all then past due amounts. In addition to such service charge, any past due amounts (inclusive of service charges) will incur interest beginning on the due date and continuing thereafter until fully paid at a rate of ten percent (10%) per annum (or the maximum amount allowable under applicable law if such amount is less than ten percent (10%)). B. Furthermore, if payment of the Prescription Charges for Prescription Drug Claims, the Transaction Fees, the Program Fees, or any other amounts due under this Agreement are not received by the due date of the applicable invoice, Administrator may, at its option, provided that Administrator has provided Client with written notice of such payment deficiency and five (5) business days to cure such deficiency, cease or suspend the provision of administrative services provided by Administrator under this Agreement, and deactivate all prescription drug cards issued to the Members. Consult Article VI for Administrator's option and right to terminate this Agreement at any time if Client fails to make full and timely payment of such charges and fees (including any applicable service charges and interest) to Administrator. C. If at any time Administrator reasonably determines that Client may have difficulty meeting its financial commitments under this Agreement, Administrator may request from Client financial information, reasonable 10 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 81 assurances, or both, satisfactory to Administrator as to Client's ability to timely and fully meet its commitments and responsibilities hereunder. Such assurances may include, without limitation, Administrator requiring Client to make a deposit in such amount reasonably sufficient in Administrator's judgment to secure Client's payment obligations. If Client provides Administrator with such a deposit, Administrator may apply the deposit to past due balances and shall return the remaining deposit, if any, after the termination of this Agreement and the payment of all amounts payable to Administrator hereunder. Any deposit made by Client hereunder shall not be deemed a Plan asset. D. Administrator's failure to charge or collect a service charge and/or interest from Client shall not waive or otherwise limit in any respect any future right of Administrator under this Agreement to charge or collect a service charge and/or interest from Client. ARTICLE VI — TERM AND TERMINATION A. The initial term of this Agreement shall commence on the Effective Date and shall continue in effect, unless sooner terminated as provided herein, for a period of one (1) year after the Effective Date (the "Initial Term"). Unless either Party gives the other Party written notice of its intention to terminate (given in the manner prescribed in Article VIII.B below) effective as of the last day of the Initial Term or any Renewal Term at least ninety (90) days in advance of the expiration of then applicable Initial Term or Renewal Term (as the case may be), the Term of this Agreement shall automatically renew and extend for additional one (1) year renewal terms (each, a "Renewal Term") without any additional act on the part of either Party (unless sooner terminated as provided herein and subject to the consequences of any such termination). Administrator may terminate this Agreement at any time if its contractual arrangement with PBM terminates by giving at least ninety (90) days prior written notice of the termination of this Agreement to Client. B. Either Party may terminate this Agreement upon written notice to the other Party if, as a result of any change in law, the rights or obligations of the requesting Party would be materially and adversely affected. Any such termination shall be effective on the day immediately preceding the effective date of such change in law, subject to the provisions of immediately following sentence. Notwithstanding the foregoing sentence, the Parties hereby agree to use prompt, good faith efforts to renegotiate the terms of this Agreement. If the Parties successfully conclude such negotiations prior to the effective date of the change in law, this Agreement shall not terminate and shall be amended to reflect the negotiated terms mutually agreed upon by the Parties. In the event the Parties are unable to successfully conclude and reach mutual agreement through such good faith negotiations, this Agreement shall terminate as provided above and herein. C. On and after the date of termination of this Agreement, Administrator shall be obligated to complete such administrative services provided for in this Agreement as have been commenced prior to the date of termination. Therefore, Prescription Drug Claims incurred or reported after the date of termination are the sole responsibility of Client and are not the responsibility of Administrator. Furthermore, termination of this Agreement shall not relieve Client of its obligation to pay Administrator for any outstanding Prescription Drug Claims, charges, fees (including without limitation any applicable service charges), interest and reasonable collection costs and attorneys' fees incurred by Administrator associated with such collections. Upon termination of this Agreement, Administrator shall not have any obligation to transition Claims files and/or histories (or other information prior to such information being scrubbed of PBM's or Administrator's confidential, proprietary or trade secret information) to the extent that they contain PBM and/or Administrator cost, pricing and/or other proprietary, financial information, to Client's new prescription benefit manager or any other third party. With respect to any files requested by Client or its new prescription benefit manager, any associated charges shall be the responsibility of Client. D. Administrator may, in its sole and absolute discretion, suspend performance or terminate this Agreement at any time without giving any advance notice, written or otherwise, to Client (or to any other party) and without penalty or liability for any Losses if (1) Client fails to make timely payment within the five (5) business day notice and cure period provided in Article V.B. of the Prescription Charges for Prescription Drug Claims, the Transaction Fees, the Program Fees, or any other applicable payments owed to Administrator in accordance with the terms and conditions of this Agreement or, if requested, does not provide a deposit to Administrator as provided in Article V.0 above, (2) Client makes an assignment for the benefit of creditors, (3) Client is the 11 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 82 subject of a voluntary or involuntary petition for bankruptcy or is adjudicated insolvent or bankrupt, or (4) a receiver or trustee is appointed for any portion of Client's property. E. Termination of this Agreement shall not terminate either Party's rights and obligations under Article III.C, Article III.D, Article IV (Financial Arrangement), Article V (Late Payment), Article VI.C, Article VII (Indemnification), Article VIII.B (Notices), Article VHI.0 (Applicable Law; Venue; Consent to Jurisdiction; Arbitration), Article VIII.D (Entire Agreement; Construction), Article VIII.F (Relationship of the Parties), Article VIII.I (Confidential and Proprietary Information), Article IX (Licenses; Intellectual Property), Article X (ERISA, COBRA & HIPAA Duties) and the Client Application (as amended, if applicable), and all such rights and obligations shall expressly survive any such termination. ARTICLE VII — INDEMNIFICATION A. Except as otherwise provided in this Agreement, Client and Administrator agree to hold harmless and to indemnify each other and each other's Representatives from and against any Losses arising out of or related to the indemnifying Party's breach or violation of this Agreement. B. Client acknowledges that: (1) Administrator and its Representatives do not bear any liability, for Losses under the Plan; (2) Administrator and its Representatives neither insure nor underwrite the liability of Client under the Plan; and (3) Administrator's execution of this Agreement shall not be deemed as the assumption by Administrator or its Representatives of any responsibilities, obligations or duties other than those required of Administrator pursuant to the express terms and conditions of this Agreement. C. Client further agrees to hold harmless and to indemnify Administrator and its Representatives from and against all Losses arising out of any claim, demand, suit, or proceeding made or brought against Administrator by a third Person arising out of or in connection with (1) Client's default in the performance of any duty, requirement or obligation of Client under this Agreement, the Business Associate Agreement, the Plan or otherwise owed to Client's employees and their dependents (whether or not in relation to this Agreement or the Plan); (2) the acts or omissions of any Representative of Client (whether or not in relation to this Agreement or the Plan); (3) any representations, warranties, covenants or statements, whether written, oral or otherwise, made by Client to its Representatives and/or their dependents; (4) an allegation that Client's use of any Raw Data, Service Data and/or Administrator Intellectual Property in combination with any assets, Materials or other things not provided or authorized by Administrator, infringes or misappropriates such third Person's Intellectual Property Rights; (5) an allegation that the Raw Data violates a third Person's privacy rights or other rights; (6) an allegation of gross negligence, grossly negligent omissions, or willful misconduct of Client or any of Client's employees, agents, or subcontractors; or (7) Client's failure to comply with any law, rule, or regulation. D. Administrator further agrees to hold harmless and to indemnify Client and its Representatives from and against all Losses arising out of any claim, demand, suit, or proceeding made or brought against Client by a third Person arising out of or in connection with (1) Administrator's default in the performance of any duty, requirement or obligation of Administrator under this Agreement or the Business Associate Agreement; (2) the acts or omissions of any Representative of Administrator (whether or not in relation to this Agreement or the Plan); (3) an allegation of gross negligence, grossly negligent omissions, or willful misconduct of Administrator or any of Administrator's employees, agents, or subcontractors; or (4) Administrator's failure to comply with any law, rule, or regulation. E. Each Party's liability to the other Party and its Representatives hereunder shall not exceed the actual proximate Losses caused by or arising from the indemnifying Party's breach or violation of, or failure to perform, any term or provision of this Agreement. In no event whatsoever shall either Party or any of its Representatives be liable for any indirect, special, incidental, consequential, exemplary or punitive damages (in each case, to the fullest extent that such damages may be waived by contract under applicable law), or any damages for lost profits relating to a relationship with a third party, however caused or arising, whether or not they have been informed of the possibility of their occurrence. ARTICLE VIII — GENERAL PROVISIONS 12 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 83 A. Changes in Agreement. This Agreement may be amended at any time, without prior notice to any Member, by mutual written agreement executed by Administrator (through its duly authorized Representative) and Client (through its duly authorized Representative). The foregoing notwithstanding, Administrator may amend, including, if appropriate, by amending and restating, the then -applicable Exhibit A, which amended Exhibit A shall be effective absent Client providing notice of non-acceptance of such amended Exhibit A no later than forty-five (45) days following the date on which Administrator transmitted the applicable amendment. Until such time as the applicable amended Exhibit A is deemed accepted, Administrator may, at its sole option, withhold any and all rebates payments that might otherwise be due to Client. No employee, agent or other Representative of Administrator is authorized to amend or vary the terms and conditions of this Agreement or to make any agreement or promise not specifically contained herein or to waive any provision hereof other than by the means prescribed above in this Article VIII.A. B. Notices. Any notices to be given hereunder shall be deemed sufficiently given when in writing and (1) actually delivered to the Party to be notified or (2) placed in an envelope directed to the Party to be notified at the following addresses and deposited in the United States mail by certified or registered mail, postage prepaid: If to Administrator at: RxBenefits, Inc. Attn: Lauren Simmons 3700 Colonnade Parkway, Suite 600 Birmingham, AL 35243 If to Client at: Indian River County Board of County Attn: 1801 27th Street Vero Beach, Florida 32960-3365 United States Such addresses may be changed by either Party by written notice as to the new notice address given to the other Party as provided in this Article VIII.B. Client shall act as agent of its employees (and such employees' dependents, as and whenever applicable) to receive all notices to them hereunder and to notify the employees and their participating dependents affected thereby. It also shall be the responsibility of Client to notify all employees (and their dependents) of the expiration or termination of this Agreement by a Party pursuant to Article VI or otherwise. In the case of changes in, or termination of, the Agreement, notice to or by Client shall be deemed to constitute notice to all employees of Client and their dependents, and no further notice need be given by Administrator to any employee or dependent in order to effectuate any change in, or termination of, this Agreement or the benefits or coverage provided for herein or made available hereby. C. Applicable Law; Venue; Consent to Jurisdiction; Arbitration. This Agreement shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of Florida without regard to conflicts of law principles. The Parties agree that the exclusive venue for any action, suit, claim, counterclaim, cross-claim or otherwise with respect to this Agreement and/or the subject matter hereof that are not subject to the mandatory arbitration provision below shall be in the federal and state courts sitting in Indian River County, Florida (the "Florida Courts"), and each Party knowingly and voluntarily hereby submits and consents to the jurisdiction of said courts over such Party and hereby expressly waives and releases any and all defenses, claims or other rights or remedies it may have or may assert or allege to establish that jurisdiction or venue in the Florida Courts is in error, improper or otherwise invalid in any respect. As such, each Party agrees that any such Florida Courts shall have in personam jurisdiction over it and consents to service of process in any manner authorized by Florida law. Each Party further covenants not to sue the other Party (or such other Party's Representatives) in any court or jurisdiction other than the Alabama Courts. To the extent allowable by law, any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof, or whether any claim for Losses asserted are arbitrable, shall be referred to and finally 13 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 84 determined by binding arbitration conducted by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the "Rules"), and to the extent applicable, the United States Federal Arbitration Act. The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, with venue in Indian River County, Florida. The language to be used in the arbitration proceeding shall be English. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be final and binding on all parties. Notwithstanding anything to the contrary, the Parties shall retain the right to seek injunctive and equitable relief for breaches of confidentiality and the payment of money, and those claims shall be brought in the federal courts sitting in Indian River County, Florida, and the Parties hereby irrevocably and unconditionally consent to personal jurisdiction of such courts and venue in the federal courts sitting in Indian River County, Florida in any such action for injunctive relief or equitable relief. D. Entire Agreement; Construction. This Agreement constitutes the entire agreement and understanding of the Parties and supersedes any prior oral or written communication between the Parties with respect to the subject matter hereof. All Recitals to this Agreement set forth above and all exhibits and addenda attached hereto are hereby incorporated into and made a part of this Agreement. 2. In the event any provision of this Agreement shall be determined invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather this Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly; provided, that if the invalidation or unenforceability of such provision(s) shall, in the reasonable, good faith opinion of either Party, have a material adverse effect on such Party's rights or obligations under this Agreement, then the Agreement may be terminated by such Party upon thirty (30) days advance written notice by such Party to the other Party. 3. The Parties hereto agree that no provisions of this Agreement or any related document shall be construed for or against or interpreted to the advantage or disadvantage of any Party hereto by any court or otherwise by reason of any Party's having or being deemed to have structured or drafted such provision, each Party hereby expressly acknowledging its participation and/or its right and ability to participate, in the structuring and drafting hereof. The Parties further acknowledge that: (i) this Agreement is the product of good faith, arm's length negotiations between them; (ii) such Parties possess substantially equal bargaining power; and (iii) each Party has had the opportunity to obtain the advice of legal counsel regarding the negotiations and execution of this Agreement. 4. This Agreement is not a third -party beneficiary contract, nor shall this Agreement create (or be construed or deemed to create) any rights or remedies, whether legal, equitable or otherwise, on behalf of Members or any other third parties as against Administrator. 5. This Agreement is not a contract of insurance and Administrator is not an insurer or underwriter of Client's liability under, or with respect to, the Plan. Except as otherwise provided in this Agreement, Client has and will retain the ultimate responsibility for payment of Prescription Drug Claims and other expenses under the Plan. 6. The article and section headings contained in this Agreement are solely for the purpose of reference, are not part of the agreement of the Parties and shall not in any way affect the meaning or interpretation of this Agreement. E. Authority; Counterparts. Each signatory to this Agreement represents and warrants that he/she has full corporate or company authority to sign this Agreement on behalf of his/her respective Party and to legally bind and obligate such Party by so signing. Additionally, upon such signature by such authorized signatory(ies) of Client in each signature block of this Agreement (and the Client Application and the Business Associate Agreement made a part of this Agreement), Client represents, warrants, covenants and agrees that it has the necessary power and authority, corporate, company or otherwise (and that all necessary action has 14 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 85 been taken for Client), to enter into this Agreement and such other agreements and to consummate the transactions provided for herein and therein. This Agreement (including the exhibits hereto) may be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronic signatures shall be deemed to be original signatures for all purposes. F. Relationship of the Parties. Administrator and Client are, and shall at all times be, solely independent contractors. Neither Party nor its Representatives is, nor shall such Party or its Representatives be construed to be, by any Party to this Agreement or by any third party, an employee, joint venturer, partner, principal, agent, master, servant, fiduciary or other Representative of the other Party. Neither Party is authorized to assume or create any obligations, duties or liabilities, express or implied, on behalf of or in the name of the other Party, except as otherwise expressly provided to the contrary in this Agreement. Furthermore, Client acknowledges, agrees and understands that Administrator, on the one hand, and PBM and any other contracting parties of Administrator, on the other hand, are unaffiliated entities and independent parties who are solely independent contractors of one another. 2. Client acknowledges that: (i) Client shall be responsible, in its sole discretion, for the selection of any consultants or experts to provide advice to Client as to liabilities under the Plan or duties or obligations of the Plan or Client under applicable law or otherwise; and (ii) Client is not contracting hereunder with Administrator for the provision of any such advice by Administrator. To the contrary, the Parties expressly acknowledge that Administrator will not provide such advice to Client, and that neither Party has any obligation or responsibility to advise the other Party about such other Party's compliance or noncompliance with any law, regulation, statute, rule or otherwise (including without limitation under ERISA, the Internal Revenue Code, the Public Health Services Act and/or any regulation with respect to the any of the foregoing). Client expressly acknowledges and agrees that: (i) Administrator is not (nor shall it be deemed to be at any time) a "fiduciary" for any purpose under ERISA, the Internal Revenue Code and/or the Public Health Services Act (and any regulations thereunder), applicable state law, common law or otherwise; (ii) Administrator is not (nor shall it be deemed to be at any time) the administrator of the Plan for any purpose; (iii) Client (and not Administrator) possesses and expressly retains at all times during this Agreement and thereafter the sole and absolute authority and responsibility to design, amend, terminate, modify, in whole or in part, all or any portion of the Plan, including without limitation the sole and absolute authority to control and administer the Plan and any assets of the Plan, and such authority and responsibility cannot be delegated to Administrator; and (iv) Client (and not Administrator) has complete discretionary, binding and final authority to construe the terms of the Plan, to interpret ambiguous Plan language, to make factual determinations regarding the payment of Prescription Drug Claims or provision of benefits, to review denied Prescription Drug Claims and to resolve complaints by Members. G. Compliance with Laws; Force Majeure. Each Party hereby certifies and shall perform its duties and obligations under this Agreement in a manner that complies with all federal, state, local and other laws and regulations applicable to such Party and its performance hereunder, including without limitation the federal anti -kickback statute set forth at 42 U.S.C. § 1320a-7b(b) ("Anti -Kickback Statute"), the Public Contracts Anti -Kickback Statute, and/or the federal "Stark Law" set forth at 42 U.S.C. § 1395nn ("Stark Law'), as and to the extent applicable to each such Party. Each Party is responsible for obtaining its own legal advice concerning its compliance with applicable laws. If Administrator's performance of its duties and obligations under this Agreement is made materially more burdensome or expensive due to a change in federal, state or local laws or regulations or the interpretation or enforcement thereof, the Parties shall, at the option of Administrator, negotiate promptly and in good faith an appropriate adjustment to the fees, costs, expenses and/or charges paid to Administrator hereunder or other amendment to this Agreement reasonably necessary in light of the change in law or regulation or the interpretation 15 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 86 or enforcement thereof. If the Parties cannot agree on such adjusted amounts or amended terms, then either Party may terminate this Agreement upon thirty (30) days prior written notice to the other Party. 2. Neither PBM nor Administrator shall be obligated at any time to provide the prescription drug benefit and related services identified in this Agreement to Client or the Members if Client or, if applicable, Members, are located in a state requiring a prescription benefit manager to be a fiduciary to Client or Members, in any capacity, contrary to or inconsistent with the terms and conditions specifically identified in this Agreement. In the event any state law or regulation requires PBM or Administrator to be a fiduciary to Client or a Member contrary to or inconsistent with the terms and conditions identified in this Agreement, Administrator may elect not to provide such prescription drug benefit and related services identified in this Agreement to the impacted Members upon thirty (30) days' prior written notice to Client. 3. Each Party, upon giving prompt written notice thereof to the other Party, shall not be liable for delay or failure to perform hereunder (except with regard to payment of invoices), if such delay or failure is due to a cause or causes beyond the reasonable control of such Party (a "Force Majeure Event"). For purposes of this Agreement, a Force Majeure Event may include, but shall not be limited to, acts of God or the public enemy, fire, flood, storms, explosion, earthquake, war, terrorism, malicious mischief, accident, transportation tie-up, riot or civil insurrection, embargo, boycott, lock -out, strike or labor disturbance, slowdown or labor stoppage of any kind or act of any government, foreign or domestic. Each Party shall have the option, but not the obligation, to terminate this Agreement in its entirety if the other Party fails to perform any material obligation of this Agreement because of the occurrence of a Force Majeure Event and either (i) the other Party does not cure such breach within thirty (30) days after the occurrence of the Force Majeure Event, or (ii) such failure is not reasonably subject to cure within such period. The non -breaching Party must provide written notice of termination to the breaching Party. H. Access to Information; Audit Rights; Government Agency Submitted Claims. Administrator and Client will allow each other reasonable access at reasonable times to administrative information relating to this Agreement and the Parties' respective duties, obligations and benefits described herein, upon the giving of reasonable advance notice by the requesting Party (subject to any limitations with respect to information that is not in the possession or control of Administrator or is otherwise subject to a covenant of confidentiality in favor of a third party). The requesting Party agrees to execute a confidentiality agreement in form and content satisfactory to the disclosing Party as a condition precedent to being permitted such access to such information. 2. Client, or a mutually acceptable independent, third party auditor retained by Client, may conduct, with at least sixty (60) days prior written notice and at Client's sole cost and expense, an annual Prescription Drug Claims audit of Administrator's data that directly relates to Prescription Drug Claims billings for the prior Agreement year. The scope and manner of such a Prescription Drug Claims audit (including applicable guidelines and timelines) shall be as reasonably determined by Administrator and communicated to Client sufficiently in advance of any such audit. Client agrees that it will execute (and shall cause any mutually acceptable independent, third party auditor taking part in any such audit to execute) a confidentiality agreement in form and content reasonably acceptable to Administrator prior to conducting any such audit. Any request by Client to permit an auditor to perform an audit will constitute Client's direction and authorization to Administrator to disclose PHI to auditor. In the event of an audit by a mutually acceptable independent third party, Administrator and Client shall be provided with a copy of any proposed audit report or other written materials documenting such audit and Administrator will have a reasonable opportunity to comment on any such report or written materials documenting such audit before such are finalized. Upon finalization of audit results and agreement between Client and Administrator on any identified adjustments or discrepancies, if any, the period under review will be considered closed by the Parties and such agreed upon adjustment payments, if any, shall be paid by the appropriate Party within thirty (30) days of execution by the Parties of an appropriate release document covering the audit period. 16 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 87 Client acknowledges that it shall not be entitled to audit documents that Administrator is barred from disclosing by applicable law or pursuant to an obligation of confidentiality to a third party or that are not under the direction or control of Administrator. Administrator will make 100% of claims available to Client or a mutually acceptable third party retained by Client to audit the processing contract. Client further acknowledges that there shall be a blackout period for audits from November 1 — February 1 each year. Client acknowledges that government agencies, including without limitation federal and state governmental payors, may seek eligibility or similar data from Administrator or PBM regarding Members and may submit to Administrator or PBM claims for reimbursement for prescription drug benefits provided to such government agencies (or their agents) to Members ("Government Claims"). Client authorizes (a) Administrator and PBM to provide such data as requested by government agencies, including without limitation federal and state governmental payors, and/or their authorized agents and (b) Administrator and/or PBM to process such Government Claims. Client acknowledges that Administrator may advance payment for Government Claims on behalf of Client during the Term of this Agreement. Client shall reimburse Administrator, in accordance with Client's payment obligations under this Agreement, for all amounts advanced by Administrator for payment of Government Claims. Client acknowledges that Government Claims submitted by or on behalf of a state Medicaid Agency or other governmental payor shall be paid by or on behalf of Client if submitted within three (3) years from the original date of fill unless a longer period is required by applicable law. In addition, Government Claims submitted by or on behalf of a state Medicaid agency or other governmental payor may not be denied on the basis of the format of the Government Claim or failure to present proper documentation at the point-of-sale. Client shall also reimburse Administrator for any adjustments or reconciliations to previously processed Government Claims that may be payable to government agencies in accordance with applicable laws and regulations. The administrative fee for processing Government Claims shall be invoiced at the paper submitted claim rate already agreed to by the Parties or as otherwise agreed upon in writing by Administrator and Client. Administrator reserves the right to (a) terminate these services upon ninety (90) days prior notice to Client, or (b) delegate these services to a third -party claims processor other than PBM. Notwithstanding any provision of this Agreement to the contrary, Client acknowledges and agrees that Client shall be solely responsible for processing and making payment of any Government Claims applicable to Client and its Members received after the effective date of the termination or expiration of this Agreement. I. Confidential and Proprietary Information. The term "Confidential Information" includes, but is not limited to, this Agreement or any information of either Client or Administrator (including without limitation its designees) disclosed or made available before the Effective Date, now or in the future (whether oral, written, electronic, visual or fixed in any tangible medium of expression) relating to either Party's services, operations, systems, programs, inventions, techniques, suppliers, customers and prospective customers, contractors, costs and pricing data, trade secrets, know-how, processes, plans, designs and other information of or relating to either Party's business. Confidential Information does not include Protected Health Information, the use and disclosure of which is governed by Article IX (Licenses; Intellectual Property) and Article XC (ERISA, COBRA & HIPAA Duties) (including Exhibit B) of this Agreement. Furthermore, the following categories of data shall not be considered Confidential Information under this Agreement and shall not be subject to the confidentiality or non-use obligations contained herein: Pharmacy ID, NDC, Drug Name, AHFS Class, Delivery Method (mail/retail), Date of Service, Days' Supply and Metric Quantity. Administrator and Client shall not disclose or make use of any Confidential Information except as permitted under this Agreement without the prior written consent of the non -disclosing Party, which consent may be conditioned upon the execution of a confidentiality agreement. Each Party may disclose Confidential Information of the other Party only to its authorized Representatives who have a need to know the Confidential Information in order to accomplish the purpose of this Agreement and who (i) have been informed of the confidential and proprietary nature of the Confidential 17 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 88 Information; and (ii) with respect to Representatives, have agreed in writing not to disclose it to others and to treat it in accordance with the requirements of this Section. Administrator or Client, as applicable, shall be responsible to the other Party for any breach of this Agreement by its respective Representatives. Representatives, for the purpose of this Article VIII(I), include entities that directly or indirectly (i) control; (ii) are controlled by; or (iii) are under common control with a Party, including any subsidiary or successor. The foregoing shall not apply to such Confidential Information to the extent: (i) the information is or becomes generally available or known to the public through no fault of the receiving Party; (ii) the information was already known by or available to the receiving Party prior to the disclosure by the other Party on a non -confidential basis; (iii) the information is subsequently disclosed to the receiving Party by a third party who is not under any obligation of confidentiality to the disclosing Party; (iv) the information has already been or is hereafter independently acquired or developed by the receiving Party without violating any confidentiality agreement or other similar obligation; or (v) the information is required to be disclosed pursuant to a court order. Except in accordance with the requirements of this Article VIII.I.3, neither Party nor its Representatives may disclose, or permit to be disclosed, Confidential Information of the other Party as an expert witness in any proceeding, or in response to a request for information by oral questions, interrogatories, document requests, subpoena, civil investigative demand, formal or informal investigation by any government agency, judicial process or otherwise. If either Party, or any of its respective Representatives, is requested to disclose the Confidential Information of the other Party for any of the reasons described in the preceding sentence such Party shall give prompt prior written notice to the other Party to allow the other Party to seek an appropriate protective order or modification of any requested disclosure. The receiving Party agrees to reasonably cooperate with the disclosing Party in any action by the disclosing Party to obtain a protective order or other appropriate remedy. If the receiving Party is ultimately legally compelled to disclose such Confidential Information, the receiving Party shall disclose only the minimum required pursuant to and in order to comply with the court order or other legal compulsion. 4. Without limiting any other rights and remedies available under this Agreement or otherwise, any unauthorized disclosure or use of Confidential Information would cause Administrator or Client, as applicable, immediate and irreparable injury or loss that may not be adequately compensated with money damages. Accordingly, if either Party fails to comply with this Article VIII.I, the other Party will be entitled to seek to obtain specific performance including immediate issuance of a temporary restraining order or preliminary injunction enforcing this Agreement, and to judgment for Losses caused by the breach, and to seek to obtain any other remedies provided by law or in equity. 5. The confidentiality provisions of this Agreement supersede any and all prior oral or written communication(s) or agreement(s) of the Parties with respect to the confidential information of either Party, including, but not limited to, any mutual nondisclosure agreement between or among the Parties and/or Client's broker or consultant. 6. Gag Clause Compliance. Nothing in this Agreement may be construed or enforced by a Party as a gag clause that prohibits the exchange of information required under 26 U.S.C. § 9824(a); 29 U.S.C. § I I85m(a)(1); or 42 U.S.C. § 300gg-I19(a)(1). Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party, provided such consent will not be unreasonably withheld. However, Administrator may assign this Agreement or delegate the duties to be performed by or on behalf of Administrator under this Agreement without the consent of Client as part of a change in ownership or the sale of all, or substantially all, of the assets of Administrator or similar sale or disposition of Administrator that would, upon consummation, be deemed to constitute an assignment of this Agreement under applicable law. K. Disclosure of Information to Third Parties. Client acknowledges, understands and agrees that it may be necessary or desirable for Administrator to disclose information obtained from, provided by or otherwise regarding or relating to Client, Client's Plan, and/or Client's employees and Members (excluding any 18 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 89 information that constitutes PHI under HIPAA) to certain vendors, consultants, brokers or other third parties in connection with Administrator's services, duties and/or obligations rendered by, or required of, Administrator under this Agreement or otherwise relating to its performance hereunder. L. Exclusivity. PBM and Administrator shall be the exclusive providers of each of the services described in this Agreement for the Plan receiving services as set forth in this Agreement, provided that PBM will be a provider of specialty products and services if Client elects an "open specialty" relationship with the PBM. Client acknowledges and agrees that it will not, directly or indirectly, engage any prescription benefit manager or other third party, to provide concurrently to Client or the Plan any service that is similar to any of the services provided by Administrator or PBM, including without limitation, retail pharmacy network contracting, pharmacy claims processing, mail pharmacy services, formulary and rebate administration services, and specialty pharmacy services to the extent an exclusive option has been selected. Client acknowledges and agrees that a breach of this Section shall be deemed a material breach of this Agreement and shall entitle PBM and Administrator to modify pricing terms of this Agreement. M. Conflict. In the event of any inconsistency or conflict between this Agreement and the Business Associate Agreement, the terms, provisions, and conditions of the Business Associate Agreement shall govern and control on issues relating to PHI. ARTICLE IX — LICENSES; INTELLECTUAL PROPERTY A. Client License Grant. Subject to the terms and conditions of this Agreement, Client hereby grants to Administrator a non-exclusive, perpetual, royalty -free license to receive, store, access, host, transmit, use, copy, reproduce, distribute, display, publish, process, reformat, reconfigure, modify, manipulate, arrange, compile, parse, aggregate, anonymize, de -identify, and create derivative works of Raw Data and Client Data as necessary or useful for (i) Administrator's provision of the Services to Client hereunder; and (ii) Administrator's creation and use of De -identified Data. B. Intellectual Property and Assets. 1. Client acknowledges and agrees that Administrator (i) is and shall remain the owner of all right, title, and interest in and to the Administrator Intellectual Property; and (ii) may freely use and disclose Administrator Intellectual Property in accordance with applicable law. 2. Except as otherwise set forth in this Agreement: (i) Client shall have no right, title or interest in or to any Administrator Intellectual Property or any portion(s) thereof, (ii) nothing in this Agreement shall operate or be construed as an express or implied grant, transfer, conveyance, assignment, or license to Client of any right, title, or interest in and to any Administrator Intellectual Property; and (iii) upon expiration or termination of this Agreement, Client shall immediately cease any and all further use and disclosure of the Administrator Intellectual Property, unless and until a superseding agreement is executed by the Parties. Client shall take such actions (including, without limitation, execution of affidavits or other documents) as Administrator may reasonably request, to effect, perfect, or confirm Administrator's ownership interests and other rights as set forth in this Article IX.B. 3. Client shall not directly or indirectly remove, obscure, alter or otherwise modify any copyright and/or other proprietary notices placed or appearing on any Administrator Intellectual Property. ARTICLE X — ERISA, COBRA AND HIPAA DUTIES A. ERISA. If Client's offering of the Plan provided for in this Agreement constitutes part of a "welfare plan" within the meaning of Section 3(1) of ERISA, it is understood and agreed that the duties of Client and Administrator are as follows: Plan and Summary Description: It shall be the duty of Client (and not the duty of Administrator) to furnish any Plan, summary plan description or summary of material modifications to Members and beneficiaries as required by ERISA and any regulations under it. It shall be the duty of Administrator 19 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 90 to provide Client, upon request, with a summary of benefits available under the Plan for use in conjunction with the summary plan description and summary of material modifications. 2. Annual and Summary Annual Reports: It shall be the duty of Client to furnish any annual reports to participants and/or governmental agencies as required by ERISA, the Internal Revenue Code and any regulations thereunder. It shall be the duty of Administrator to send to Client, upon Client's reasonable request, such information which Administrator has within its possession as will permit Client to make the annual reports. It shall be the duty of Client to provide the Members with summary annual reports as required by ERISA and any regulations under it. Plan Administrator: It is expressly understood and agreed by the Parties that any and all duties assigned by ERISA and any regulations thereunder to the Plan Administrator including, but not limited to, those duties specified in the Plan shall be deemed for purposes of this Agreement as duties of Client and not those of Administrator. B. Continuation Coverage. It is also expressly understood and agreed by the Parties that the compliance with continuation coverage requirements imposed on group health plans by ERISA, the Internal Revenue Code and the Public Health Service Act (including the regulations thereunder) shall be the sole obligation of Client under this Agreement and not the obligation of Administrator. Further, Administrator will not accept payment directly from any employee or former employee (or dependent of such employee or former employee) who is eligible for continuation coverage under the Plan. It shall be the responsibility of Client (and not Administrator), or such other third party administrator handling the group health plan of which the Plan is a part, to collect the premiums due from the employee or former employee (or dependent of such employee or former employee) for continuation coverage and to satisfy any and all other COBRA duties and responsibilities relating thereto. C. HIPAA and Privacy and Security. Client shall be solely responsible for any and all duties and responsibilities applicable to Client under HIPAA and similar state law that may apply to the Plan offered under this Agreement at any time, including but not limited to those provisions applicable to Client relating to portability, non- discrimination, privacy and security. The Parties agree to sign a HIPAA Business Associate Agreement in the form attached hereto as Exhibit B. 20 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 91 IN WITNESS WHEREOF, Administrator and Client have caused this Agreement to be executed and delivered by their respective authorized Representatives as of the Effective Date. Client: Indian River County Board of County Commissioners By: Printed Name: Its: Administrator: RxBenefits, Inc. By: Printed Name: Sara Epstein Its: Chief Legal Officer ExhibitA (Client Application) Follows] 21 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 92 EXHIBIT A CLIENT APPLICATION January 1, 2025 [IMPORTANT — PLEASE READ CAREFULLY: Client should carefully review this Exhibit A, which has been completed by Administrator, in order to ensure its accuracy and completeness. Client shall promptly notify Administrator of any inaccuracy or omission with respect to the terms and conditions, if applicable (including, without limitation, the Client Information in Section A).] A. CLIENT INFORMATION Client's Name: Indian River County Board of County Commissioners Client's Mail Address: 1801 27th Street, Vero Beach, Florida 32960-3365, United States B. PLAN DESIGN: MEMBER COST SHARE Member Cost Share: Please see current Summary of Benefits. Client represents and warrants that the design of Client's Plan as reflected in a Plan Design document for Client ("PDD"), accurately reflects the applicable terms of Client's Plan for purposes of this Agreement. Client shall provide Administrator with ninety (90) days prior written notice of any proposed changes to the design of Client's Plan (including the PDD), which changes shall be consistent with the scope and nature of the services to be provided by Administrator under this Agreement. Client agrees that it is responsible for Losses resulting from (a) any failure to implement Plan Design changes which are not communicated in writing to Administrator, or (b) implementation of verbal or written direction regarding exception or overrides to the PDD. In addition, Client shall notify Members of any Plan Design changes prior to the effective date of any such changes as required by applicable law. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 93 C. SERVICES; FORMULARY; PRICING GUARANTEES. 1. Base Administrative Services: The following services are the base administrative services made available to Client and its Members pursuant to the Agreement (including this Exhibit A (the "Base Administrative Services"), as applicable: • Administration of eligibility submitted via telecommunication or electronically • Eligibility maintenance • Client support system for on-line access to current eligibility • Administration of Client's Plan Design • In -network claims adjudication via on-line claims adjudication system • Designated Account Team • Client clinical and plan consulting, analysis and cost projections • Annual analysis of program utilization and impact of plan design and managed care interventions • Welcome Package and ID Cards (hard copy or digital) for new Members • Standard Member communications • Toll-free telephone access to customer service for the program for use by Members and Client's benefits personnel and Representatives 2. Additional Administrative Services. Client will pay for additional administrative services (the "Additional Administrative Services") beyond those included in the Base Administrative Services that are requested by Client and provided or made available by Administrator under the program as follows: 2.1 Transaction Fees Administrative Services Fees Transaction Fees Payable for Administrative Services (per $0.65 per Prescription Drug Claim Article IV.B of the Agreement) Transaction Fees Payable for Administrator's Protect Program $2.25 per claim Reviewspp Initial Determinations (i.e. coverage reviews) and Level Included in the existing utilization One Non -Urgent Appeals under the UM program. management PMPM charge Examples: Prior Authorization, Step Therapy, Drug OR Quantity Management Included in the existing PA charge of $55 per initial determination OR No Charge if Client elects HDCRI Initial Determinations and Level One Non -Urgent Appeals $55 per initial determination for benefit reviews. Examples: copay review, plan excluded drug coverage review, administrative plan design review. Final Internal Appeals — Level Two Appeals and/or Urgent $10 per review Appeals for UM, formulary, and benefit reviews. OR No Charge if Client elects HDCRI External Reviews by Independent Review Organizations - for $800 per review non -grandfathered plans OR No Charge if Client elects HDCRI Miscellaneous Third Party Integration Fees Charges passed through from provider or mutually agreed upon by Parties NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 94 'Reviews not managed by Administrator under HDCR may incur an additional charge. The following terms and conditions apply only if client does not elect HDCR or for reviews not conducted by Administrator under HDCR: • Initial determination — this is the first review of drug coverage based on the Plan's conditions of coverage. Initial determinations are also referred to as initial reviews, coverage reviews, prior authorization reviews, UM reviews, or benefit reviews. ■ The Level 2 and Urgent Appeal Service is an optional service for Clients to enroll in and there is an incremental fee of $10 per initial determination. ■ Level 2 and Urgent Appeals are not included in the UM package fees. ■ The Level 2 and Urgent Appeal Service fee is not charged per appeal. It is charged for each initial review. This allows Client to better estimate their appeal costs since it is based on the number of initial determinations. The fees cover the legal and operational costs involved with handling final and binding appeal reviews, which includes, but is not limited to the following: staffing of clinical professionals and supportive personnel, notifications to patients and prescribers, and maintaining a process aligned with state and federal regulations. ■ Charges for the Level 2 and Urgent Appeal Service are billed on the monthly admin invoice for completed initial determination for UM, formulary, and benefit reviews. No subsequent charges are incurred when cases are appealed. ■ Appeals can be deemed urgent at Level l or Level 2. Urgent appeal decisions are final and binding. If a Level 1 Appeal is processed as urgent, there is no Level 2 appeal. PBM Services Fees Advanced Utilization Management (AUM Bundle $0.46 / PMPM or Passed through from PBM Member -submitted paper claims processing fee $3.00 per claim Commercial Medicaid or Medicare subrogation claims fee $3.00 per claim Advanced Opioid Management Program $0.32 / PMPM If Elected ACA Statin "Trend Management" Pro am $0.03 / PMPM If Elected Combined Benefit Management Services to manage combined medical -pharmacy benefits $0.10 PMPM per combined accumulator up to that are not a consumer -directed health (CDH) plan. maximum of $0.20 PMPM for existing Services include ongoing management of the data exchange connection with medical carrier or TPA. platform with the medical vendor/TPA, production monitoring and quality control, and designated operations Fees to establish connection with new medical team. Combined benefit types may include deductible, out carrier or TPA are quoted upon request. of pocket, spending account, and lifetime maximum. Basic Network Pharmacy Audit No Charge, 100% of recoveries passed back to Client NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 95 Consumer Driven Health (CDH) Solution -Comprehensive Technical $0.48 PMPM Bi-directional data exchange; dedicated operations; 24-hour a day, seven -days a week monitoring and quality control; *these charges would be in addition to any performance reporting; and analytics pricing adjustments if greater than ten percent Decision Support of Client's total utilization for all Plans is Dedicated CDH member services, Prescription Benefit attributable to a CDHC. These services and fee Review Statements, Retail Pricing Transparency are required for all CDH enrollees. Member Adherence ScreenRx Preventive Medications Member Education Proactive, personalized member communications open enrollment tools and member communications library, robust online features, and preventive care proactive, -personalized member communications ScreenRx for PPO Plans $0.25 PMPM (If Elected) RetireeMedicare Part D — RDS enhanced service (ESI sends reports to CMS on behalf $1.12 PMPM for Medicare -qualified Members of Client) with a minimum annual fee of $7,500 i Notice of Creditable Coverage $1.35/letter + postage RDS standard service (ESI sends reports to Client) $0.62 PMPM for Medicare -qualified Members with a minimum annual fee of $5,000 A. Notice of Creditable Coverage $1.35/letter+ postage Communication with physicians and/or members (e.g., $1.35/letter + postage program descriptions, notifications, formulary compliance, non -Medicare EOBs, etc. Medicare EOB $1.75/letter + postage Custom non-standard materials Priced non re nest Electronic Pharmacy Benefit Eligibility Verification Eligibility confirmation of pharmacy benefit coverage shared with prescribers and other healthcare professionals through their Electronic Medical Records (EMR) or other digital channels. Pass-through charge to Client at PBM's preferred rate with data switch such as Surescripts. Miscellaneous RxDC Reporting (Submission of P2, D3 -D8, and Narrative Charges passed through from PBM Response file via HIOS, and any other files deemed -necessary) Coordination of Benefits $0.01 PMPM, If Elected - Custom reimbursement formula - Setup and ongoing maintenance - Product support ':Additional Customer service for Members Electronic claims processing Electronic/on-line eligibility submission Plan seta Standard coordination of benefits (COB) Software training for access to on-line reject for primary carrier s stem s FSA eligibility feeds NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 96 A. Network Pharmacy Services Pharmacy help desk Pharmacy reimbursement Pharmacy network management Network development (upon request) B. Home Delivery Services Benefit education Prescription delivery – standard Reporting Web -based client reporting Annual Strategic Account Plan report Ad-hoc desktop parametric reports Billing reports Claims detail extract file electronic CPDP format Inquiry access to claims processing system Load 12 months claims history for clinical reports and r:porting Website Services Express-Scripts.com for Members — access to benefit, Mobile App for Members — Includes My Rx drug, health and wellness information; prescription Choices, My Medicine Cabinet, Pharmacy ordering capability; and customer service Care Alerts, Refills and Renewals, and virtual rescrition ID card. Implementation Package and Member Communications • New Member packets (includes two standard resin ID cards or virtual cards, depending on PBM's procedures) • Member replacement cards printed via web (for hard- copy cards charges are passed through from the PBM • Member -requested replacement packets or Client $1.50 + postage per packet or card requested re -carding Concurrent Drug Utilization Review (DUR) No Charge Overrides a. Client -requested overrides b. Lost/stolen overrides c. Vacation supplies 2.1 Administrator Protect Proeram If elected, the Low Clinical Value ("LCV') exclusion option prevents unnecessary spending by removing LCV medications from the formulary without impact to client rebates while providing equal or more effective medicines at a lower cost. LCV medications are drugs that treat common conditions that do not provide any additional or superior therapeutic value when compared to currently existing therapies already in the marketplace. These medications are excluded in addition to any products that would normally be excluded by the PBM Formulary. This exclusion occurs without affecting Rebate minimum guarantees or contracted discount rates. Administrator reserves the right to amend, from time to time, the list of low clinical value medications. The list of low clinical value medications may be updated quarterly. Client may request a current list of LCV medications. If elected, Administrator's High Dollar Claim Review, Prior Authorization and Appeals program ("HDCR'), will provide Client with umbrella protection against high-cost Prescription Drug Claims for approved non -specialty formulary drugs. Prescription Drug Claims over the threshold dollar amount are flagged prior to payment and reviewed for clinical appropriateness. This additional level of clinical oversight protects against unnecessary spending, saving clients money and providing improved visibility into claim reviews, decision processes, and cost savings. If HDCR is elected, Administrator's Complex Clinical Intervention ("CCI") program is included. CCI addresses complex case management issues for Members on a trajectory to NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS J7 generate more than $250,000.00 in annual pharmacy plan spend. Clinical pharmacists reach out to Prescribers to request and review medical documentation and tackle issues such as redundant therapies, dosing errors, potential drug -on -drug interactions, and medication misuse. If HDCR is elected, Administrator's Therapeutic Interchange for High -Cost Specialty Medications ("HTI") identifies and promotes lower cost, clinically effective alternatives for certain categories of drugs. ■ The following may apply to HDCR: ■ Administrator manages the clinical review process for high dollar claims, providing oversight of the process. Administrator communicates trends and savings results to clients through detailed reporting and analytics. ■ Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours. ■ Following a clinical review, one of four actions will occur: (i) the medication is approved, (ii) the medication claim is denied, (iii) the prescriber may decide to withdraw and prescribe a different medication, or (iv) the reviewer can dismiss or deny the claim due to lack of communication from the prescriber; or ■ If denied, an appeal process is available. ■ If HDCR is elected, the Administrator will also manage all other Prior Authorizations and Appeals. o Following a clinical review, one of four actions will occur: the medication is approved, the medication claim is denied, the doctor may decide to withdraw and prescribe a different medication, or the reviewer can dismiss or deny the claim due to lack of communication from the prescriber; o If denied, the appeal process is available. o The appeal process: o If an initial review is denied, the Member may appeal the decision to have a different pharmacist reviewer evaluate the prior authorization. o If the denial is upheld upon first appeal, a second appeal may be made, which may be completed in consultation with a peer physician reviewer from an Independent Review Organization. o If the denial is again upheld upon second appeal, a final appeal for a Federal External Review completed by an Independent Review Organization may be made. o If the denial is upheld by the final review, the appeal process has been exhausted and the decision is final and binding. Foundational Utilization Management ("UM'). UM is a bundling of evidence -based clinical programs commonly used to provide appropriate clinical oversight of prescription drug claims. UM ensures the correct clinical evaluation processes are in place. Appropriate quantity limit ("- L") promotes FDA -approved dispensing guidelines and generally accepted medical treatment guidelines by ensuring appropriate quantities are dispensed. Step Therapy ("ST") ensures the most clinically appropriate item is used as initial therapy as part of adhering to generally accepted medical treatment guidelines. When faced with two similar agents, the lowest cost option is promoted first. Prior Authorizations ("PA") ensure FDA -approved and generally accepted medical treatment guidelines with respect to indications are being met. Utilizing the NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 98 PBM or Administrator -developed criteria, Administrator has carved out the QL/ST exception review process as well as all specialty and non -specialty PA reviews to be independently reviewed and documented utilizing a documentation system that allows for ease of auditing through increased visibility of clinical decisions. This component requires that Client elect a standard Utilization Management Program promoted by Administrator. If Client has elected UM and Administrator's Protect program, UM is managed by Administrator. If Client has elected UM but not Administrator's Protect program, UM may be managed by PBM. The following may apply to UM: ■ Review turnaround time is dependent on prescriber activity and whether additional information is required. If additional information is required, the reviewer will attempt to contact physician at least once daily for three days; direct contact with the prescriber will discontinue after the third day. The majority of reviews are completed with a disposition within 24 to 72 hours; ■ Following a clinical review, one of four actions will occur: (i) the medication is approved, (ii) the medication claim is denied, (iii) the prescriber may decide to withdraw and prescribe a different medication, or (iv) the reviewer can dismiss or deny the claim due to lack of communication from the prescriber; or ■ If denied, an appeal process is available. 2.2 Protect Proeram Guarantee ■ General: The Administrator clinical programs elected by Client shall be collectively referred to as the "Protect Solutions" for purposes of this Exhibit A. The fees associated with the Protect Solutions which are invoiced to the client shall be referred to herein as the "Protect Fees". ■ Protect ROI Guarantee: Administrator guarantees that Client will generate savings from the Protect Solutions ("Protect Savings") that are equal to or greater than the Protect Fees paid by Client during the given Contract Year (the "Protect ROI Guarantee"). To the extent that the Protect Fees exceed the Protect Savings in a given Contract Year, Administrator will pay Client an amount equal to the difference between the Protect Fees and the Protect Savings (the "Protect Guarantee Payment"). For Clients with one thousand (1,000) Members or more, the Protect ROI Guarantee shall be 2:1. This means that following Client's Contract Year, if necessary, Administrator's Protect Guarantee Payment will consist of reimbursing Client for Protect Fees in an amount such that the ratio of Client's Protect Savings to Client's net Protect Fees is 2:1. Notwithstanding the foregoing, in no event will Administrator reimburse Client in an amount greater than the Protect Fees paid by Client during the applicable Contract Year. For purposes of calculating Member count, Administrator shall, on a monthly basis, calculate how many Members are active during the given month. At the end of the Contract Year, Administrator shall take the sum total of each month and divide it by the number of months in the Contract Year. If the average Member count over the course of the Contract Year is 1,000 Members or greater, the Protect ROI Guarantee shall be 2:1. At no point during the Contract Year can the monthly Member count fall below 900 Members; in the event that it does, the Protect ROI Guarantee for the Contract Year shall revert to 1:1 (as described in the immediately preceding paragraph). o Conditions: o Client's entire population must be enrolled in the Protect Solutions for Client to be eligible for the Protect ROI Guarantee. If any portion of Client's population is not enrolled in the Protect Solutions for the entire applicable Contract Year, the Protect ROI Guarantee will not be applicable to Client. Administrator reserves the right not to honor the Protect ROI Guarantee if Client makes overrides from the Protect Program Claims reviews/appeals. o Eligibility. To be eligible for the Protect ROI Guarantee, Administrator's LCV and HDCR programs (including PA, HTI, and CCI) must be elected and Administrator (or a vendor NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 99 designated by Administrator) must be the PA reviewer for all PA requests. Protect Savings Validation: Protect Savings are calculated using a proprietary methodology developed by Administrator that analyzes rejected Claims and the paid alternatives to calculate definitive actual -dollar savings realized as a result of the Protect Solutions. Protect Savings generated by the PA and appeals process are based on the AWP contracted discount for the specific drug involved in a Claim. Protect Savings generated by the HDCR process are based on the net cost after actual discount. Administrator may use information from PBM in its calculation of Protect Savings (e.g., A)AP, gross cost, plan cost, member cost, rejected Claims data). Generic product identifier (GPI) and national drug code (NDC) data will be retrieved from Medi -Span. o Within one hundred and twenty (120) days after the end of each Contract year, Administrator shall report to Client performance for the Protect ROI Guarantee. If Protect Savings exceeds Protect Fees during a Contract Year, no payment shall be made by Administrator to Client. If Protect Fees exceed Protect Savings, amounts due resulting from an Administrator failure to meet the Protect ROI Guarantee, shall be calculated and paid to Client within thirty (30) days following Administrator's reconciliation report. The Protect Guarantee Payment, if any, shall be issued as a credit to Client's account. Client must have the Protect Solutions in place for the entirety of the applicable Contract Year — and such Contract Year must be at least twelve (12) months in length — to be eligible for the Protect ROI Guarantee. If this Agreement is terminated prior to the end of a given Contract Year or if the Agreement is terminated in breach of the terms of the Agreement (e.g., insufficient notice of non -renewal is given), then Administrator is not required to meet the Protect ROI Guarantee set forth above. No Protect Guarantee Payment will be paid (a) until this Agreement (including any applicable Client Application) is executed by Client, or (b) if the Administrative Services Agreement has been terminated as of the date that such Protect Guarantee Payment is to be paid to Client. o If Client has not paid any outstanding invoice(s) when payment of the Protect Guarantee Payment, if any, is to be made, such outstanding amounts (including any applicable interest, service charge, or other outstanding amount) may be deducted from the Protect Guarantee Payment. o In the event Administrator fails to meet the Protect ROI Guarantee, the Protect Guarantee Payment described above will be the sole and exclusive remedy available to Client for such failure. Pricine Terms. The financial terms herein are conditioned on an exclusive arrangement and all other specified conditions set forth in this Exhibit A. Client will pay to Administrator the amounts set forth below, net of applicable Copayments. The application of Brand Drug and Generic Drug pricing below may be subject to certain "dispensed as written" (DAW) protocols and Client defined Plan Design and coverage policies for adjudication and Member Copayment purposes. Sales or excise tax or other governmental surcharge, if any, will be the responsibility of Client. Members will always pay based on the logic below: ■ Retail: Lowest of (i) the U&C price, (ii) Plan copayments/coinsurance, or (iii) discounted AWP (including MAC price, when MAC pricing is applicable) or (iv) Price Assure price, if applicable. ■ Mail Order: Lower of (i) Plan copayments/coinsurance or (ii) discounted AWP (including MAC price, when MAC pricing is applicable). ■ If no adjudication rates are specified herein, each Prescription Drug Claim will be adjudicated to Client NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 100 at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. The discounted ingredient cost will be the lesser of MAC (as applicable), U&C or the applicable AWP discount. Prescription Drug Claims dispensed at ESI Mail Pharmacy will be adjudicated to Client at the applicable ingredient cost and will be reconciled to the applicable guarantee as set forth herein. 3.1 Pte. (a) Ingredient Cost. Administrator will offer an average aggregate annual discount as reflected below on Client utilization to be calculated as follows. The pricing below will be implemented as of the Addendum Effective Date. The pricing below will be guaranteed upon the start of Client's Initial Term or Renewal Term (as described in the Agreement) that begins on or after the Addendum Effective Date. [1 -(total discounted AWP ingredient cost excluding dispensing fees and ancillary charges, and prior to application of Copayments) of applicable Prescription Drug Claims for the annual period divided by total undiscounted AWP ingredient cost (both amounts will be calculated as of the date of adjudication) for the annual period)]. Discounted ingredient cost will be the lesser of MAC (as applicable), U&C or AWP discount. The Prescription Drug Claims that may be excluded from the reconciliation of the pricing guarantees are as identified in the "Prescription Drug Claims Excluded" paragraphs below in addition to Prescription Drug Claims dispensed in Puerto Rico, Guam, Northern Mariana Islands, Virgin Islands, Hawaii, Massachusetts, Alaska, West Virginia, and rural pharmacies. Furthermore, prices may vary in certain states for reasons such as most favored nations laws, other state or local legal requirements, geographic location, or other factors beyond the control of Administrator. In those situations, some Claims may be exempt from reconciliation of the financial guarantees set forth herein. All Claims may be aggregated for purposes of such rates. Additionally, under any retail pricing arrangement(s) subject to NADAC pricing, Administrator will retrospectively invoice Client for the difference between Client's contracted dispensing fee and any state mandated pharmacy dispensing fee resulting from claims incurred in any state that mandates the use of NADAC or another pricing benchmarks in pharmacy reimbursement. PARTICIPATING BRAND • PPO AWP — 19.85% GENERIC • RETAIL MAINTENANCE PPO AWP — 85.85% O. 90 PP BRAND • PPO AWP — 23.25% GENERIC • MAIL SERVICE PPO PHARMACY AWP — 85.85% BRAND • PPO AWP — 22.35% GENERIC • PPO AWP — 92% 9 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 101 Prescription Drug Claims Excluded: Specialty Products (other than specialty guarantee), 340B Claims, Subrogation Claims, long term care pharmacy claims, Member Submitted Claims, compounds, OTC products (excluding insulin, diabetic supplies, and test strips), Vaccine Claims, U&C, Exclusive or Limited Distribution Products, claims that may be subject to ancillary charges, COVID test kits, COVID antivirals, Prescription Drug Claims filled through In -House Pharmacies that are No Bill, No Remit or that have not entered into an ESI pharmacy network agreement, and COB claims. (b) Dispensing Fee. Administrator will guarantee an average aggregate annual per Prescription Drug Claim dispensing fee on Client utilization to be calculated as follows: [total dispensing fee of applicable Prescription Drug Claims for the annual period divided by total of applicable Prescription Drug Claims for the annual period] PARTICIPATING PHARMACY BRAND • PPO $0.45 dispensing fee GENERIC RETAIL MAINTENANCE • PPO $0.45 dispensing O. 90 D. PP fee BRAND • PPO $0.45 dispensing fee GENERIC ESI MAIL PHARMACY • PPO $0.45 diii2ensing,fee BRAND • PPO $0.00 dispensing fee GENERIC • PPO $0.00 dispensing fee Prescription Drug Claims Excluded: Specialty Products (other than specialty guarantee), 340B Claims, Subrogation Claims, long term care pharmacy claims, Member Submitted Claims, compounds, OTC products (excluding insulin, diabetic supplies, and test strips), Vaccine Claims, U&C, Exclusive or Limited Distribution Products, claims that may be subject to ancillary charges, COVID test kits, COVID antivirals, Prescription Drug Claims filled through In -House Pharmacies that are No Bill, No Remit or that have not entered into an ESI pharmacy network agreement, and COB claims. Claims dispensed at West Virginia pharmacies or Claims subject to NADAC or another pricing benchmark required by law for pharmacy reimbursement may be excluded from dispensing fee guarantees. Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will not be increased to reflect such increase(s). When traditional pricing is prohibited, or state law mandates a pharmacy dispensing fee, any charges, expenses, or fees associated with applicable Claims or otherwise assessed by PBM will be passed through to Client by Administrator. Guarantees will be measured and reconciled on an annual basis within 180 days of the end of each Contract Year. The guarantees are annual guarantees - if this Agreement is terminated prior to the completion of the then current contract year or if the applicable Term or Renewal Term being reconciled is less than twelve (12) months in length (hereinafter, a "Partial Contract Year"), then the guarantees will not apply for such Partial 10 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 102 Contract Year. Furthermore, in the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the right to receive any shortfall payments for financial guarantees. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount achieved. If Client changes to a different pricing option during a contract year (for example, Rebate Reinvestment to Standard), Administrator will have the right to offset the performance of the multiple partial year measurements against one another within the same component during the annual reconciliation. Subject to the remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall between the actual result and the guaranteed result. Shortfall payments for financial guarantees, if any, will not be paid until this Agreement, including any applicable Client Application, and any amendment(s) or addenda to this Agreement or Client Application, is signed. For purposes of measurement of any pricing guarantee in this Agreement or Amendments to this Agreement, over performance in any component will not be used to offset performance in any other measured pricing component. Notwithstanding anything in this Agreement to the contrary, the Generic Drug guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of "Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of an "M," "N," or "O" on the date dispensed, but was substituted and dispensed by the ESI Mail Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand Drug guarantees set forth above will include only those Prescription Drug Claims that processed to Client for payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the underlying prescription drug product was substituted and dispensed by the ESI Mail Pharmacy as its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The application of brand and generic pricing may be subject to certain "dispensed as written" (DAVM protocols and Client or Plan defined Plan Design and coverage policies for adjudication and Member Copayment purposes. If Medi -Span discontinues reporting Multi -Source Indicator identifiers, Administrator reserves the right to make an equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this Agreement. Notwithstanding anything in this Agreement to the contrary, any Rebate guarantees set forth in this Agreement will be reconciled using the BGA. Any generic claim that is considered a Single Source Product will be included in the generic reconciliation. Any generic claim that is considered a Single Source Product will be included in the generic reconciliation. (c) If Client elects PBM's Price Assure program, PBM will automatically integrate the GoodRx discount card at the point of sale for certain non -specialty retail generic claims at in -network retail pharmacies under contract to support the program. Client acknowledges and agrees that PBM may share Client/Member information with GoodRx while providing these services. Member cost for applicable generic claims will be either Client's current Member cost share or the GoodRx market price. GoodRx's cost calculation methodology may not be audited. If not otherwise excluded, Price Assure claims will be included in Client's existing ingredient cost and dispensing fee guarantees. Notwithstanding anything in this Agreement to the contrary, Client understands and agrees that any surplus value on retail generic claims within the Agreement will be applied towards meeting other retail channel guarantees in the Agreement between Client and Administrator. Client acknowledges and agrees that it is solely responsible for ensuring that its implementation of Price Assure complies with any applicable federal and state law including, but not limited to, laws, regulations, rules, ordinances and/or other guidance related to high deductible health plans (including but not limited to IRC Section 223). PBM and Administrator reserve the right to terminate or modify Price Assure without cause and upon notice. Client must notify PBM if they plan to terminate or modify Price Assure enrollment with 60 days' written notice. Client acknowledges and agrees that additional terms and conditions will apply to the Price Assure program which are available upon request. 3.2 Specialty Products 11 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 103 (a) Exclusive Specialty. For Exclusive Specialty arrangements, the specialty guarantee shall only apply to Plans for which the ESI Specialty Pharmacy is the exclusive pharmacy that may fill Specialty Products for Members, other than Exclusive or Limited Distribution Products not available at the ESI Specialty Pharmacy. Any Specialty Product dispensed at a Participating Pharmacy (for example, Limited Distribution Products not then available through ESI Specialty Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty Product rates shown below. Upon ESI Specialty Pharmacy acquisition of Exclusive or Limited Distribution Products, Members will obtain prescriptions through ESI Specialty Pharmacy. (b) Precision Specialty. In situations where regulations prevent implementation of Exclusive Specialty arrangements, Client may implement a Precision Specialty arrangement where the ESI Specialty Pharmacy or a Specialty Precision Network participating retail pharmacy are the exclusive pharmacies that may fill Specialty Products for Members (other than Exclusive or Limited Distribution Products not available at the ESI Specialty Pharmacy or a Specialty Precision Network participating retail pharmacy). (c) Dispensing Fee for Specialty Products. Dispensing Exclusive ESI Specialty Pharmacy $0.00 Participating Pharmacy Specialty Products $0.45 Limited Distribution Claims $0.45 * Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable commercial courier services) increase during the Term of this Agreement, the Dispensing Fee guarantees will not be increased to reflect such increase(s). (d) SPECIALTY NET EFFECTIVE DISCOUNT GUARANTEE Administrator guarantees the overall annual net effective discount for the products listed on the Specialty Products List (excluding Limited Distribution Products) pursuant to the table below. Within one hundred and eighty (180) days following the end of each Contract Year, Administrator will calculate the actual net effective discount for the products listed on the Specialty Products List to determine if the guarantee has been met. Client will retain any amount that the actual net effective discount exceeds the guaranteed net effective discount. The calculation for the actual net effective discount will be as follows: ((Total Ingredient Cost for the products listed on the Specialty Products List) divided by (Total AWP for the products listed on the Specialty Products List)) minus 1. This guarantee is contingent on Client's participation in the National Preferred Formulary or Basic Formulary and an exclusive, precision, or open specialty arrangement, as applicable. For Exclusive Specialty guarantees to be reconciled annually and any shortfalls paid, Client must be enrolled in the Exclusive Specialty program for the entire Contract Year. Average Annual Ingredient Cost Guarantee: AWP- 19.5% Open Specialty Arrangements Average Annual Ingredient Cost Guarantee: Limited Distribution Claims (does not apply to AWP — 15.25% gene therapy) (e) Exclusions. In addition to the general exclusions identified above in Sections C.3.1(a), (b) ("Prescription Drug Claims Excluded"), all non -Specialty Products and all Exclusive or Limited Distribution Products (except for the Limited Distribution guarantee noted in the chart above) are excluded from the specialty guarantee. (f) Ancillary Supplies. Equipment, and Services. For Specialty Products needing an additional charge to cover costs of all ASES required to administer the Specialty Products, Administrator, ESI or ESI 12 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 104 Specialty Pharmacy will bill at the following standard per diem and nursing fee rates set forth below, maintained and updated by ESI from time to time. If ESI elects to bill Client's medical plan for ASES, Administrator will work with ESI to coordinate the invoicing and payment of ASES through Client's medical plan. If Client's medical plan will not cover the cost of ASES billed through ESI or ESI Specialty Pharmacy, Client shall be responsible for the costs of all ASES. If a Specialty Product dispensed or ASES provided by ESI Specialty Pharmacy is billed to Administrator or a Client directly by ESI Specialty Pharmacy instead of being processed through ESI, Client will timely pay Administrator, and Administrator will timely pay ESI Specialty Pharmacy for such claim pursuant to the rates below. ESI Specialty Pharmacy shall have 360 days from the date of service to submit such electronic or paper claim. (g) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the ESI Mail Pharmacy or Participating Pharmacy pricing terms specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. 3.3 Vaccine Claims. NO VACCINE CLAIMS WILL BE INCLUDED IN ANY PRICING OR REBATE GUARANTEE SET FORTH IN THE AGREEMENT). (a) General terms applicable to Vaccine Claims "Vaccine Claim" means any Claim processed with a GPI -2 of 17 or 18. 13 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 105 Therapeutic Class Brand ; Per Diem Immune Deficiency All Immune Deficiency Drugs requiring Per $60.00 / Infusion Diem (e.g., Cuvitru, Gammagard, Privigen) Enzyme Deficiency All Enzyme Deficiency Drugs requiring Per $60.00 / Infusion Diem (e.g., Cerezyme, Lumizyme, Nexviazyme) Miscellaneous Specialty Miscellaneous Specialty Conditions Drugs $60.00 / Infusion Conditions requiring Per Diem (e.g., Soliris, Ultomiris) Miscellaneous Specialty Duopa $65.00 / Day Conditions Miscellaneous Specialty Vyvgart $65.00 / Infusion Conditions PAH PAH Drugs requiring Per Diem ( e.g., Flolan, $65.00 / Day Epoprostenol Sodium, and Remodulin) PAH Ventavis $65.00 / Day PAH Tyvaso $30.00 / Day Inflammatory Conditions Inflammatory Conditions Drugs requiring Per $60.00 / Infusion Diem (e.g., Remicade, Avsola, Inflectra) Alpha 1 Deficiency All Alpha 1 Deficiency Drugs requiring Per $55.00 / Infusion Diem (e.g. Aralast NP, Zemaira, Glassia) Cystic Fibrosis Cayston (Replacement Nebulizer) $975.00 Nursing Rates All drugs / therapies requiring nursing $180.00 per initial visit up to two (2) hours/$90.00 per additional hour or a fraction thereof (g) Specialty Products will be excluded from the non -specialty price guarantees set forth in the Agreement. In no event will the ESI Mail Pharmacy or Participating Pharmacy pricing terms specified in the Agreement, including, but not limited to, the annual average ingredient cost discount guarantees, apply to Specialty Products. 3.3 Vaccine Claims. NO VACCINE CLAIMS WILL BE INCLUDED IN ANY PRICING OR REBATE GUARANTEE SET FORTH IN THE AGREEMENT). (a) General terms applicable to Vaccine Claims "Vaccine Claim" means any Claim processed with a GPI -2 of 17 or 18. 13 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 105 2. "Vaccine Vendor Transaction Fee" means the data interchange fee that ESI is charged by its third party vendor to convert Vaccine Claims submitted electronically by physicians to NCPDP 5.1 format in order for PBM to process the claim. 3. Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. In the case of Vaccine Claims, the U&C shall be the retail price charged by a Participating Pharmacy for the particular vaccine, including administration and dispensing fees, in a cash transaction on the date the vaccine is dispensed as reported to PBM by the Participating Pharmacy. 4. The Vaccine Administration Fee for Vaccine Claims for Members enrolled in Client's Medicaid programs, if any, will be capped at the maximum reimbursable amount under the state Medicaid program in which the Member is enrolled. 5. All Vaccine Claims will be subject to any Transaction Fees set forth in the Agreement. 6. Vaccine Claims will be charged a program fee of $2.50 per Vaccine Claim (except for Medicare Part D covered Vaccine Claims, if applicable). The Vaccine Program Fee will be billed separately to Client as part of the administrative invoice according to the billing frequency set forth in this Agreement. (b) Commercial (Including Medicaid and Exchange, if applicable) (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. 14 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 106 Participating Pharmacy Participating Pharmacy Member INFLUENZA ALL OTHER VACCINES Vaccine Claims (excluding foreign claims) Vaccine Pass -Through Pass -Through Administration (capped at $20 per vaccine (capped at $25 per vaccine Fee claim) claim and $40 per covid Submitted amount vaccine claim Ingredient Cost Participating Pharmacy Participating Pharmacy Ingredient Cost as set forth Ingredient Cost as set forth Submitted amount in the Agreement in the Agreement Dispensing Fee Participating Pharmacy Participating Pharmacy Dispensing Fee as set forth Dispensing Fee as set forth Submitted amount in the Agreement in the Agreement Administrative Administrative Fee per Prescription Drug Claim as set forth Administrative Fee per Fee/Vaccine in the Agreement Prescription Drug Claim Claim (plus manual claim administrative fee) as set forth in the Agreement Vaccine Program $2.50 per vaccine claim N/A Fee (c) Medicare Part D Covered Vaccine Claims: Medicare Part D Vaccine Claims shall adjudicate at the lower of U&C or the amounts shown in the table below. 14 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 106 Ingredient Cost Pass -Through Lower of submitted amount or pharmacy contracted rate Pass -Through Dispensing Fee $293.00 per Brand Drug claim Lower of submitted • PPO Pass -Through amount or pharmacy Pass -Through • PPO $812.00 per Brand Drug claim contracted rate Vendor Transaction $3,421.00 per Brand Drug claim Pass-through at ESI cost for Fee N/A N/A Vendor Transaction Fee (currently $3.75, subject to change) D. REBATES 1. Rebate Amounts. Subject to: (i) the conditions set forth in Sections 2 through 4 below and elsewhere in this Agreement; and (ii) Client meeting the Plan Design conditions identified in the table below, the following guaranteed amounts will be payable to Client during the Term of this Agreement: REBATES PER BRAND DRUG FORMULARY: ESI NATIONAL PREFERRED PARTICIPATING PHARMACIES 1-83 DAYS' SUPPLY) • PPO $293.00 per Brand Drug claim RETAIL MAINTENANCE NETWORK (84-90 DAYS' SUPPLY • PPO $812.00 per Brand Drug claim MAIL SERVICE PHARMACY • PPO $812.00 per Brand Drug claim SPECIALTY PRODUCTS • PPO $3,421.00 per Brand Drug claim (1) Specialty Rebates may be impacted if Client changes the days' supply allotment for specialty claims. The Extended Days' Supply pricing set forth in this Agreement shall be subject to certain requirements, as follows. Extended Days' Supply shall mean; (1) for all lines of business other than Medicare or EGWP, any supply of a covered drug of 84 days or greater; and (2) for Medicare or EGWP, if applicable, any supply of a covered drug of 35 days or greater. Certain Participating Pharmacies have agreed to participate in the extended (84 — 90) day supply network ("Maintenance Network") for maintenance drugs. Rebate amounts in the 84 — 90 Days' Supply row in the table set forth above are applicable only if Client implements a Plan Design that requires Members to fill such days' supply at a Maintenance Network Participating Pharmacy (i.e., Client must implement a Plan Design whereby Members who fill extended days' supply prescriptions at a Participating Pharmacy other than a Maintenance Network Participating Pharmacy do not receive benefit coverage under the Plan for such prescription). If no such Plan Design is implemented, Rebate amounts for such days' supply will be the same as for Prescription Drug Claims for less than an 84 days' supply, and Rebate amounts for an 84 — 90 days' supply in the table set forth above shall not apply, even if a Maintenance Network Participating Pharmacy is used. 2. Exclusions For Non -Specialty Rebates: Specialty Products, Member Submitted Claims, Subrogation Claims, Exclusive or Limited Distribution Products, COVID test kits, COVID antivirals, Vaccine Claims, OTC products (excluding insulin, diabetic supplies, and test strips), Claims Older than 180 days, Claims filled through In -House Pharmacies that do not utilize PBM for rebates, 340b Claims, COB claims, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set forth in Section D.1 above. 15 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 107 Exclusions For Specialty Rebates: Member Submitted Claims, Subrogation Claims, Exclusive or Limited Distribution Products, COVID test kits, COVID antivirals, Vaccine Claims, OTC products (excluding insulin, diabetic supplies, and test strips), Claims Older than 180 days, Claims filled through In -House Pharmacies that do not utilize PBM for rebates, 340b Claims, COB claims, and claims pursuant to a 100% Member Copayment plan are not eligible for the guaranteed Rebate amounts set forth in Section D.1 above 3. Rebate Payment Terms. Subject to the conditions set forth herein, Administrator will receive from ESI the quarterly Rebate payments within approximately one hundred twenty (120) days following the end of a calendar quarter for Rebates received during the prior calendar quarter. Upon receipt, Administrator will credit Client's account. For Prescription Drug Claims dispensed through in-house pharmacies, if applicable, Rebate payments shall only be paid if ESI is billing pharmaceutical manufacturers on behalf of the in-house pharmacies. 4. Conditions 4.1 PBM contracts with pharmaceutical manufacturers for Rebates on its own behalf and for its own benefit, and not on behalf of Client. Accordingly, PBM retains all right, title and interest to any and all actual Rebates received from manufacturers. PBM will pay to Administrator (and Administrator shall pay to Client) amounts equal to the Rebate amounts allocated to Client, as specified above, from PBM's general assets (neither Client, its Members, nor Client's Plan retains any beneficial or proprietary interest in PBM's general assets). Client acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on, or the time value of, any Rebate payments received by PBM during the collection period or moneys payable under this Section. No amounts for Rebates will be paid until this Agreement, including any applicable Client Application, is executed by Client. PBM and Administrator will have the right to apply Client's allocated Rebate amount to unpaid Fees. PBM will retain Manufacturer Administrative Fees on Specialty Products. 4.2 PBM reserves the right to adjust the Rebate guarantees if Rebate revenue is materially decreased because Brand Drugs move off -patent to generic status or due to a change in applicable law. 4.3 Client acknowledges that it may be eligible for Rebate amounts under this Agreement only so long as Client, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, Rebates or other financial incentives on pharmaceutical products or formulary programs for Prescription Drug Claims processed by PBM pursuant to the Agreement, without the prior written consent of PBM. In the event that Client negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting PBM's right to other remedies, PBM may immediately withhold any Rebate amounts earned by, but not yet paid to, Client as necessary to prevent duplicative Rebates on Covered Drugs. To the extent Client knowingly negotiates and/or contracts for discounts or Rebates on claims for Covered Drugs without prior written approval of PBM, such activity will be deemed to be a material breach of this Agreement, entitling PBM to suspend payment of Rebate amounts hereunder and to renegotiate the terms and conditions of this Agreement. 4.4 Under its Rebate program, PBM may implement PBM's Formulary management programs and controls, which may include, among other things, cost containment initiatives, and communications with Members, Participating Pharmacies, and/or physicians. PBM reserves the right to modify or replace such programs from time to time. Guaranteed Rebate amounts, if any, set forth herein, are conditioned on adherence to various Formulary management controls, benefit design requirements, claims volume, and other factors stated in the applicable pharmaceutical manufacturer agreements, as communicated by PBM to Client from time to time. If any government action, change in law or regulation, change in the interpretation of any law or regulation, or any action by a pharmaceutical manufacturer has an adverse effect on the availability of Rebates, then PBM and Administrator may make an adjustment to the Rebate terms and guaranteed Rebate amounts, if any, hereunder. 4.5 Subject to the conditions set forth herein, the quarterly rebates paid to Client shall be reduced by the aggregate difference between the Anchor Date Rebate (defined herein) plus an Inflationary Factor 16 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 108 (defined herein), and the New Rebate (defined herein), for the drugs impacted by the American Rescue Plan Act of 2021, during each calendar quarter. Impacted drugs are drugs that have a material reduction in price or negotiated rebate due to removal of the Average Manufacturer Price cap under the American Rescue Plan Act of 2021. "Inflationary Factor" is defined as the average year -over - year price increase of the applicable category for the impacted drug. "Anchor Date Rebate" is defined as the Rebate for an impacted drug within the 30 -day period preceding the change in price of such drug. "New Rebate" is defined as the Rebate for an impacted drug within the 30 -day period following the change in price of the impacted drug. 4.6 Client's quarterly rebate guarantee payments may be reduced by the Rebate Credit for low list price biosimilars for the remainder of the term of the Agreement. "Rebate Credit" means the aggregate difference between (i) the Rebate applied to the reference or standard list price biosimilar product and (ii) the Rebate applied to the low list price biosimilar product. The difference between the ingredient cost of a reference product or the standard list price biosimilar product and the low list price biosimilar product will be greater than the difference between the Rebate of such reference product or the standard list price biosimilar product and the low list price biosimilar product. 4.7 Rebate Acknowledgment; No Representation; Rebate Limitations. Client acknowledges that Administrator is not making any representation, warranty or guarantee of any kind or nature, either express, implied or otherwise, regarding the amount of Rebates to be paid or remitted to Client pursuant to this Agreement, except as specifically set forth in writing herein. In addition, Client waives, releases and forever discharges PBM and Administrator from any Losses arising from a pharmaceutical company's (a) failure to pay Rebates; (b) breach of an agreement related to Rebates; or (c) negligence or misconduct affecting Rebates. Client acknowledges that whether and to what extent pharmaceutical companies are willing to provide Rebates to Client may depend upon a variety of factors, including the content of the PDL, the Plan Design, Client meeting criteria for Rebates, and the extent of participation in PBM's formulary management programs, as well as PBM/Administrator receiving sufficient information regarding each Claim for submission to pharmaceutical companies for Rebates. Client acknowledges and agrees that PBM may, but shall not be required to, initiate any collection action to collect any Rebates from a pharmaceutical company. In the event PBM does initiate collection action against a pharmaceutical company to collect Rebates, PBM may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Notwithstanding any provision of this Agreement to the contrary, Administrator shall only be responsible for payment of Rebates to Client pursuant to the terns of this Agreement if such Rebates are actually received by Administrator during the Term of this Agreement. In no event shall Administrator be obligated to pay Rebates to Client until Administrator receives payment for the same Rebates from PSM. In the event Client terminates the Agreement outside the terms and conditions in the Agreement, Client forfeits the right to receive any Rebates received by Administrator on Client's behalf after the date of such termination. Client acknowledges that Administrator shall not be obligated to pay Client any Rebates described herein until this Agreement, including any applicable Client Application, and any amendment(s) or addenda to this Agreement or Client Application, is signed by Client. PBM and Administrator reserve the right to apply Client's allocated Rebate amount to unpaid Fees. 5. Rebate amounts paid to Client pursuant to this Agreement are intended to be treated as "discounts" pursuant to the federal anti -kickback statute set forth at 42 U.S.C. § 1320a -7b and implementing regulations. Client is obligated if requested by the Secretary of the United States Department of Health and Human Services, or as otherwise required by applicable law, to report the Rebate amounts and to provide a copy of this notice. PBM will refrain from doing anything that would impede Client from meeting any such obligation. 6. Notwithstanding anything in the Agreement to the contrary, in the event PBM does not receive a manufacturer payment for a particular Brand Drug claim due to its identification by a pharmaceutical manufacturer as being a 340B eligible claim (even where such claim may not meet the definition of a "34013 Claim"), ESI may reduce a subsequent Rebate quarterly payment (or reconciliation payment, if applicable) to account for any previously -paid Rebate amounts attributable to such claim up to one year after the Claims date of service. 17 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 109 E. MISCELLANEOUS Member Cost Share. Administrator and/or PBM may, but shall not be obligated to, dispense or cause to be dispensed a prescription even if the prescription is not accompanied by the applicable Member Cost Share described above in this Exhibit A. In the event a Member submits an insufficient Member Cost Share, Administrator shall have the right to invoice Client for, and Client shall have an obligation to pay Administrator (or its designee), the amount of the uncollected Member Cost Share(s). Client shall, in turn, have the right to recover uncollected Member Cost Shares from its Members at Client's determination. Shipping of prescriptions submitted without the appropriate Member Cost Share may be delayed. 2. Additional Optional Services: Charges for additional optional services not otherwise identified and priced in this Exhibit A (Client Application) shall be quoted upon request and/or as applicable. The Parties acknowledge that the arrangement between Administrator and PBM is a pass-through arrangement. To the extent Client requests or PBM administers services of PBM that are not outlined in this Agreement, Administrator will pass through any such charges from PBM to Client. 3. Translation Services. To the extent Client requests translation services from Administrator or PBM (for translating member materials, brochures, etc.) and there is a charge from Administrator's or PBM's translation services provider, such charge will be passed through to Client. 4. Reservation of Rights. Administrator expressly reserves (and Client hereby confirms, acknowledges and agrees to such reservation) the right to modify or amend financial provisions in this Agreement (including without limitation this Client Application/Exhibit A) in the event of - 4.1 £ 4.1 A change in the scope of services to be performed by Administrator or PBM or the assumptions upon which the financial provisions included in this Agreement are based (including PBM's pricing provided to Administrator) and/or. (1) any new — or change in existing — state or federal law or regulation, or the interpretation thereof, and/or; (2) any government imposed or industry wide change that would impede Administrator's ability to provide the pricing described in this Agreement, including without limitation any prohibition or restriction on the right of Administrator or any third party's ability to receive rebates from PBM and/or pharmaceutical manufacturers. 4.2 Implementation or addition of a 100% Member paid plan. 4.3 A change in the coverage of Medicare eligible Members, irrespective of the resulting change in total number of Members. 4.4 A change to the methodology by which AWP is calculated or reported. 4.5 A change in PBM's PDL or the PBM Prescribing Guide or Administrator's alignment with such PDL or PBM Prescribing Guide. In any event, Administrator will use its commercially reasonable efforts to provide Client with 30 days' notice prior to addition or removal of a drug from the PDL or PBM's Prescribing Guide. In the event safety concerns or regulatory action require PBM to remove a drug sooner, Administrator shall notify Client of the removal of a drug from the PDL or the Prescribing Guide within three (3) business days. 4.6 Termination of Administrator's contractual arrangement with PBM. F. The following pricing assumptions shall apply for purposes of this Agreement: 1. If Client decides to implement a mandatory generic, mandatory mail, step therapy or other program during the Term, ESI has agreed that proposed pricing terms other than rebate guarantees will remain unchanged. 2. ESI must agree to propose pricing based on its broad national retail network that includes all major national and regional pharmacy chains. 18 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 110 DISCOUNTS 3. The proposed "effective"eg_ neric discount and theeg neric discount guarantee calculation INCLUDES the following: MAC Generics Non -MAC Generics Single Source Generics Multi -Source Generics Generics in their FDC -granted exclusivity period Patent litigated claims Generics with limited supply Generic medications prescribed and/or dispensed in conjunction with a specialty medication 4. Ingredient Cost (including Member share) is defined as the lesser of the following: AWP -Discount %; MAC Price; or Usual & Customary Price. 5. Discount will always be calculated using this formula (all Claims, including ZBDs): (1- [Ingredient Cost] / [AWP Price]) x 100. 6. "Gross Cost" is defined as: [Ingredient Cost] + [Dispensing Fee] + [Sales Tax]. 7. ESI agrees to apply Client -specific guarantees to all pricing components: Discounts Rebates Admin Fees Dispensing Fees 8. During the Term, contract guarantees will not change unless one of the following items occurs which could change the economics of the pricing arrangement and would need to be evaluated: (i) a change in assumption or plan design; (ii) change in law; and/or (iii) change in pricing benchmarks. 9. There will be NO dispensing fee applied to Reversed/Rejected Claims. CLAIMS ADJUDICATION 10. There will be no price floors for amount paid on any Prescription Drug Claims. REBATES 11. Rebate revenue will not have any impact on discount guarantee reporting and/or true up. 12. Rebates will be paid for brand Prescription Drug Claims and at a flat minimum dollar -for -dollar guarantee basis 13. Contract rebate guarantees are not subject to change as a result of known brand patent expirations. 14. The rebate guarantees are not subject to formulary percentage criteria. 034% y1 19 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 111 15. Audit files will be supplied to Client and Client's consultant directly from the source system and should include all Prescription Drug Claims processed including, but not limited to, paid, reversed and denied Prescription Drug Claims. 16. ESI will provide the above-mentioned extract at no charge to Client. 17. At no charge, ESI must be able to transfer data to Client's other vendor partners (e.g., medical plan administrator, stop loss vendor, disease management vendor, catastrophic claimant advocate, etc.), with an appropriate non -disclosure agreement in place. 18. ESI can provide the fully identified NCPDP expanded format to Client's consultant on a monthly basis at no additional charge for use by both the InfoLock team and the Pharmacy Analytics Team. 19. InfoLock Data and Pharmacy Analytics team feeds that are in place will be honored even after termination at no cost to Client or Client's consultant. In other words, if the Agreement is not renewed following the Term, InfoLock must still receive the 4th quarter data even though it will not be available until after termination of this Agreement. AUDITS 20. Third Party Audits- Client may employ a third -party auditor, at Client's sole cost and expense, to conduct audits of the terms of this Exhibit A, including, but not limited to: Pharmacy Claims transactions Financial performance guarantees 21. Client's consultant (Lockton) may perform a pre -implementation audit prior to the Effective Date. MISCELLANEOUS 22. Any costs bidding entities may incur as it relates to attending meetings, site visits or negotiations are the responsibility of Administrator. 23. Client may not terminate this Agreement without cause and may only terminate this Agreement as expressly provided for in Article VI of the Agreement. 24. Coordination of Benefits claims accounted for in the claims data and discount guarantees by a flag indicating that a transaction utilized COB functionality within the RxCLAIM system. COB claims are excluded from pricing guarantees but are assessed an administrative fee if applicable. G. EXECUTION BY CLIENT Client hereby represents and warrants that the information contained in Section A of this Client Application is true and correct in all respects and Client hereby agrees to the specific terms, conditions and financial arrangements set out in this Exhibit A (Client Application). Client agrees that if any information in Section A changes, Client will give Administrator prompt notice of such changes. Furthermore, Client understands that this Exhibit A (Client Application) is a part of the Administrative Services Agreement between Client and Administrator to which it is attached and incorporated into by reference and that Client is bound by all terms and conditions of such Administrative Services Agreement. All capitalized terms used in this Exhibit A (Client Application) but not specifically defined herein shall have the meanings given to such terms in the Administrative Services Agreement to which this Exhibit A (Client Application) is attached and made a part of. 20 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 112 IN WITNESS WHEREOF, Client has caused this Exhibit A (Client Application) to be executed as of the Addendum Effective Date. CLIENT: Indian River County Board of County Commissioners By: Printed Name: Title: Acknowledged, agreed to and accepted by: ADNIINISTRATOR: RxBenefits, Inc. By: Printed Name: Title: 21 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND PMENEFITS 113 EXHIBIT B BUSINESS ASSOCIATE AGREEMENT THIS BUSINESS ASSOCIATE AGREEMENT (this "Agreement"), by and between Indian River County Board of County Commissioners's Health Plan (the "Plan") and Indian River County Board of County Commissioners (the "Company") (the Plan and the Company are collectively referred to herein as the "Company"), and RzBenefits, Inc., on behalf of itself and its subsidiaries (the "Business Associate"), is effective as of October 1, 2024. RECITALS WHEREAS, Company and the Business Associate are parties to an Administrative Services Agreement dated October 1, 2024 (the "Underlying Agreement") under which the Business Associate provides the Services (as defined in the Underlying Agreement) to Company with respect to the Plan; WHEREAS, in order to perform the Services set forth in the Underlying Agreement, Company may disclose to the Business Associate certain Protected Health Information ("PHI") and Electronic Protected Health Information subject to the Privacy Regulations and the Security Regulations, promulgated by the United States Department of Health and Human Services ("HHS") under the Health Insurance Portability and Accountability Act of 1996 (the "Regulations"), may be transmitted, created, received, and/or maintained; WHEREAS, Company is a "Covered Entity" and the Business Associate is a "Business Associate" under the Regulations and are required to protect the privacy and provide for the security of PHI disclosed by Company to the Business Associate and to satisfy certain requirements in compliance with the Regulations; WHEREAS, to the extent required by the Regulations, the Business Associate and the Company desire to comply with the "Business Associate" requirements of the Regulations and to memorialize their agreements with respect to such compliance; and WHEREAS, Company and Business Associate agree that, to the extent that Company has disclosed PHI to Business Associate prior to this Agreement's Effective Date, such PHI shall be subject to all terms of this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and adequacy of which hereby are acknowledged, the Business Associate and the Company agree as follows: 1. Definitions. Unless otherwise defined herein, capitalized terms shall have the same meanings as set forth in the Regulations. 2. Restrictions on Use and Disclosure of PHI. The Business Associate may Use and Disclose PHI as permitted or required by this Agreement, as necessary to perform the Services in the Underlying Agreement, or as Required By Law. The Business Associate shall make reasonable efforts to limit PHI that is subject to this Agreement to the minimum amount that is necessary to accomplish the intended purpose of a required or permitted Use or Disclosure under this Agreement. The Business Associate shall not Use or Disclose PHI received from the Company or any participant in the Plan in any manner that would constitute a violation of the Regulations if the Company made the same Use or Disclosure, except that the Business Associate may Use or Disclose such PHI for the Business Associate's proper management and administration and legal responsibilities, provided that the Uses and Disclosures are Required By Law; or the Business Associate obtains reasonable assurances from the person to whom the PHI is Disclosed that it will be held confidentially and Used or further Disclosed only as Required By Law or for the purpose for which it was Disclosed to the person, and the person agrees to notify the Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached. 3. Data Aggregation, De -identification. The Business Associate may use PHI received from the Company, or created or received by Business Associate on behalf of the Company, to provide Data Aggregation services for the health care operations of the Company as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B). Further, the Business Associate may de - identify such PHI in accordance with 45 C.F.R. § 164.514. Company hereby grants to the Business Associate a non - NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 114 exclusive, royalty -free, worldwide license to use, copy, modify, aggregate, and de -identify such PHI for any lawful purpose under the Underlying Agreement and/or this Agreement. The Company agrees that any de -identified data in accordance with the standards set forth at 45 C.F.R. § 164.514 will not be subject to the restrictions applicable to PHI set forth herein and that the Business Associate may freely use, retain, and disclose such de -identified data, including, without limitation, following the Term or termination of this Agreement. 4. Agents and Subcontractors Bound by Agreement. If any agent or subcontractor of the Business Associate (other than the Business Associate's Workforce) will have access to PHI that is received from, or created or received by the Business Associate on behalf of the Company, then the Business Associate will enter into an agreement with such agent or subcontractor whereby the agent or subcontractor agrees to be bound by the terms of this Agreement with respect to PHI. 5. Safeguards for Protection of PHI; Report of Unauthorized Use or Disclosure. The Business Associate agrees that it will implement and use appropriate safeguards to prevent any Use or Disclosure of PHI in violation of this Agreement. The Business Associate agrees that it will report to the Company any Use or Disclosure of PHI, of which the Business Associate becomes aware, that is in violation of this Agreement, including breaches of unsecured PHI as required at 45 C.F.R. § 164.410 and any security incident of which it becomes aware. The Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a Use or Disclosure of PHI by the Business Associate in violation of this Agreement. 6. Cooperation by the Business Associate. The Business Associate agrees to cooperate with the Company in providing an accounting of Disclosures of PHI received under this Agreement as requested by an individual to whom it relates, except to the extent the Regulations provide otherwise. In the event that Business Associate uses or maintains an electronic health record, Business Associate agrees that such accounting shall include disclosures made to carry out treatment, payment, and health care operations through the use of such electronic health record. Upon receiving a request for an accounting of disclosures directly from an individual who has received an accounting of disclosures from Company, which provided a list of all business associates acting on behalf of the Plan, including Business Associate, Business Associate agrees to provide an accounting of its disclosures of PHI to such individual as required by the Privacy Regulations. In response to such a request from an individual, Business Associate may elect to provide either (i) an accounting of disclosures that includes disclosures of subcontractors and/or agents acting on behalf of Business Associate or (ii) an accounting of disclosures that are made by the Business Associate as well as a list of all subcontractors and/or agents acting on behalf of Business Associate, including contact information such as mailing address, phone, and email address. The Business Associate shall respond to requests from the Company forthe information described in this Section 6 and make available such information to the Company within a reasonable period of time to enable the Company to timely respond to any request. The Company agrees that the Business Associate will not maintain any Designated Record Sets on its behalf and that the Business Associate assumes no responsibility to respond to individuals' requests for access or amendments as provided in Sections 164.524 and 164.526 of the Regulations. Business Associate agrees that the requirements of the Privacy Regulations shall be applicable to Business Associate in the performance of its obligations pursuant to the Agreement. Business Associate agrees that it shall not directly or indirectly receive remuneration in exchange for any PHI, unless a valid authorization, as that term is defined at 45 C.F.R. § 164.508, is obtained or the purpose of the exchange meets one of the exceptions set forth in 45 C.F.R. 164.502(a)(5)(ii). 7. Documenting Disclosures. In order to cooperate with the Company in accordance with Section 6 above, the Business Associate agrees to document all Disclosures of PHI and information related to such Disclosures as would be required for the Company to respond to an individual's request for an accounting of Disclosures of PHI under Section 164.528 of the Regulations. Such documentation shall include: (a) the date of the Disclosure; (b) the name of the entity or person who received the PHI and, if known, the address of such entity or person; (c) a brief description of the PHI Disclosed; and (d) a brief statement of the purpose of the Disclosure (which would reasonably inform an individual of the basis for the Disclosure). 8. HHS. The Business Associate agrees to make its internal practices, books and records relating to the Use and Disclosure of PHI received from or created or received by the Business Associate on behalf of the Company available to the Secretary of HHS for purposes of determining the Company's compliance with the Regulations. Notwithstanding this Section 8, no attorney-client privilege or other privilege shall be deemed waived by the Company or the Business Associate. 2 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 115 9. Termination. Company and Business Associate shall each have the right to immediately terminate this agreement upon the violation by the other of a material term of this Agreement or of the Regulations, including violations relating specifically to the permitted and required Uses and Disclosures of PHI by the Company or Business Associate; provided, however, that the breaching party shall be provided the opportunity to cure the breach to the satisfaction of the other within a reasonable period of time. If the breaching -party does not cure the default, the non- breaching party shall be entitled to terminate this Agreement or if it is not feasible to terminate this Agreement, report the problem to the Secretary of HISS. Upon termination of this Agreement, the Business Associate and the Company agree to determine whether the return or destruction of PHI received from, or created or received by, the Business Associate under this Agreement, is feasible. If such return or destruction is mutually determined to be feasible, the Business Associate shall promptly return or destroy all such PHI received from or created or received by the Business Associate under this Agreement. If such return or destruction is mutually determined to not be feasible, the protections of this Agreement shall continue to apply to such PHI after termination (including the Business Associate's obligations in Section 6), and further Uses and Disclosures of such PHI shall be restricted to only those purposes that make the return or destruction of the information infeasible. If mutual agreement is not made as to the feasibility of any return or destruction of PHI, the parries agree to use mediation to resolve this issue. 10. Term of Agreement. The term of this Agreement shall be such period of time as the Business Associate is performing the Services. In the event that such Services are terminated, this Agreement also shall terminate, except that the provisions of Sections 9 and 16 shall survive any termination of this Agreement. 11. Notice. All written communications, demands, and notices between the parties hereto must be posted by first class mail, postage paid or express mail to the following addresses: To the Business Associate: RxBenefits, Inc. Attn: Legal 3700 Colonnade Parkway, Suite 600 Birmingham, AL 35243 To the Company: Indian River County Board of County Commissioners Attn: 1801 27th Street Vero Beach, Florida 32960-3365 United States 12. Entire Agreement. This Agreement supersedes all previous contracts, including any previous business associate agreements between the parties, and constitutes the entire agreement of whatever kind or nature existing between the parties with respect to the subject matter hereof, and no party shall be entitled to benefits other than those specified herein. As between the parties, no oral statement or prior written material not specifically incorporated herein shall be of any force and effect; and the parries specifically acknowledge that in entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others. This Agreement may be amended only by an instrument in writing executed by the parties hereto and may be supplemented only by documents delivered in accordance with the express terms hereof. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. 14. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein or therein confer, upon any person other than the Company and the Business Associate and their respective successors or assigns in interest, any rights, remedies, obligations, or liabilities whatsoever. 15. Modification For Change in Law. Upon the occurrence of changes or amendments to the Regulations or other law that affect the legality of or any provision in this Agreement, the Company and the Business Associate agree to modify this Agreement to comport with such changes or amendments. Any such modification of this Agreement shall be in writing and signed by the Company and the Business Associate. NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 116 16. Indemnification: Limitation of Liability. Each party to this Agreement hereby agrees to indemnify, defend, and hold harmless the other party (including, but not limited to, its directors, employees, officers, and agents) from and against any and all claims, causes of action, liabilities, damages, costs, or expenses (including, but not limited to, attorneys' fees) incurred by the party as a result of the other party's (or any party acting by or through the party) gross negligence or willful misconduct or failure to perform any of its duties or obligations under this Agreement. Notwithstanding anything herein to the contrary, (i) in no event will either party be liable to the other party under contract, tort, or any other legal theories for incidental, consequential, indirect, punitive, exemplary or special losses or damages of any kind, regardless of the nature of the claim, including, without limitation, loss of revenue, loss of profits, loss of goodwill, and loss of data; and (ii) either party's total aggregate liability in connection with this Agreement shall be subject to any limitation of liability provisions in the Underlying Agreement and in no event shall exceed the following amounts: (a) if the Company has less than 1,500 Members as of this Agreement's Effective Date, the amount equal to the Transaction Fees and Program Fees paid by the Company to the Business Associate in the most recently completed Plan year; (b) if the Company has between 1,500 and 5,000 Members as of this Agreement's Effective Date, the amount equal to two times the Transaction Fees and Program Fees paid by the Company to the Business Associate in the most recently completed Plan year; or (c) if the Company has more than 5,000 Members as of this Agreement's Effective Date, the amount equal to three times the Transaction Fees and Program Fees paid by the Company to the Business Associate in the most recently completed Plan year. This Section 16 shall survive termination or expiration of this Agreement. 17. SeggLty. The Business Associate shall: (a) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Company as required by the Regulations; (b) Ensure that any agent, including any subcontractor, to whom the Business Associate provides such Electronic Protected Health Information agrees in writing to implement reasonable and appropriate safeguards to protect it; (c) Report to the Company any security incident of which the Business Associate becomes aware; provided that the parties acknowledge that probes and reconnaissance scans are commonplace in electronic information systems and the parties therefore acknowledge and agree that, to the extent such probes and reconnaissance scans constitute security incidents under the Security Rule, this Section 17(c) constitutes notice to the Company of the ongoing existence and occurrence of such security incidents for which no additional notice shall be required. Probes and reconnaissance scans include, without limitation, pings and other broadcast attacks on the Business Associate's firewall, port scans, and unsuccessful log -on attempts, as long as such probes and reconnaissance scans do not result in unauthorized Use or Disclosure of PHI; (d) Make its policies and procedures and documentation required by the Regulations relating to such administrative, physical, and technical safeguards, available to the Secretary of HHS for purposes of determining the Company's compliance with the Regulations; (e) Acknowledge its obligation to comply with the Security Regulations in using and disclosing Electronic Protected Health Information, including but not limited to 45 C.F.R. §§ 164.308 (Administrative safeguards), 164.310 (Physical safeguards), 164.312 (Technical safeguards), and 164.316 (Policies and procedures and documentation requirements) of the Security Regulations. (f) Notify the Company in writing within fifteen (15) business days after discovery of a breach, as that term is defined at 45 C.F.R. § 164.402, of which Business Associate becomes aware. Business Associate shall also promptly provide Company such other information required to be provided to individuals under 45 C.F.R. § 164.404(c) as it becomes available after such breach. 18. Offshore Access to PHI. Business Associate agrees that no PHI may be maintained, stored, or transmitted outside of the United States by Business Associate or its subcontractors, but Business Associate and its subcontractors may access PHI from locations outside of the United States. The provisions of this Agreement shall apply completely and without exception to such accesses of PHI outside of the United States. 4 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 117 19. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Florida without regard to the principles of conflicts of laws of said state. [Signature page follows] NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 118 IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. PLAN: Indian River County Board of County Commissioners's Health Plan Its: COMPANY: Indian River County Board of County Commissioners By: Its: BUSINESS ASSOCIATE: RxBenefits, Inc. By: Its: Chief Legal Officer NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS 119 m k � \i \ \\ } 65 / / \ } . ? � - / o) o s® q � r-4 06 }/ §` ¥��q LR. 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Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director T/ Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 Eric Charest, Assistant Director Natural Resources Department April 16, 2025 Florida Department of Transportation's SRA IA Bridge Replacement and Indian River County's Artificial Reef Program BACKGROUND Indian River County (IRC) Natural Resources Department Staff (Staff) have been in communications with the Florida Department of Transportation (FDOT) with regards to their upcoming State Road AIA Bridge Replacement Project (Project) over the Sebastian Inlet. As FDOT's Project will result in the demolition of the existing Bridge, the County was made aware of the opportunity to repurpose a portion of the bridge demolition debris for use in its' artificial reef program. IRC currently holds active permits through the US Army Corps of Engineers for 2 Artificial Reef locations offshore of the County, with adequate space to accommodate deployments for qualifying material such as what will be made available from FDOT's Project. As the cost for repurposing bridge demolition debris for use as Artificial Reef material is in excess of what it would cost the FDOT to appropriately dispose of the material, should the County be interested in utilizing it for Artificial Reef deployment, the County would need to enter into a Local Funding Agreement (LFA) with the FDOT to offset the increase in FDOT costs. FDOT has estimated that the additional cost to provide IRC with approximately 3,500 tons of artificial reef qualifying material, along transportation and deployment into one of the County's permitted sites, would be $219,000.00 more than what the costs would be to properly dispose of the material. Aware of increased costs to repurpose applicable material for Artificial Reef deployments, Coastal Conservation Association (CCA), Inc., a Florida based 501(c)(3) non-profit organization dedicated to marine fisheries and coastal conservation, education and advocacy has offered to provide funding to the County to help defray costs associated with the County's use of the Sebastian Inlet Bridge debris for artificial reefing. CCA has offered the County 50.2% of the cost of repurposing the material, in the amount of $110,000.00 for the County to utilize the materials in an Artificial Reef deployment. Through this proposed contribution, CCA is requesting County approval for them to reserve naming rights for a portion of the reefs deployed utilizing the bridge material. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by !_eglstarT" 127 The deployment of any qualifying bridge material would be done in accordance with the County's permits, with the County's responsibility, beyond a financial contribution to the FDOT of $109,000.00, being to verify proper deployment of the materials as well as perform assessment dives on the newly deployed reefs. BUDGETARY IMPACT Funding in the amount of $25,000.00 is currently budgeted and available in the Coastal Engineering Fund/Artificial Reef Account No. 12814472-033490-05053. Additional funds in the amount of $84,000.00 are available in the Coastal Engineering, Other Professional Services Account No. 12814472-033190 via line transfer into the Artificial Reef account. In addition, donated funds to the County in the amount of $110,000.00 from Coastal Conservation Association, Inc., would be leveraged against the County's $109,000.00 in order to enter into the LFA with FDOT in the amount of $219,000.00. Account Name Account No. Amount Coastal Engineering Fund/Artificial Reef 12814472-033490-05053 $25,000.00 Coastal Engineering Fund/Other Professional Services 12814472-033190 $84,000.00 Coastal Conservation Association, Inc. donated funds $110,000.00 Total LFA Agreement request $219,000.00 POTENTIAL FUTURE BOARD ACTIONS Approval of proposed reef names by Coastal Conservation Association, Inc., for 50% (up to 3) reefs created from bridge demolition material, contingent on the number of reefs deployed. STRATEGIC PLAN ALIGNMENT Environment STAFF RECOMMENDATION Staff recommends the BCC approve the following items in order to enable the County to repurpose up to 3,500 tons of FDOT SRA IA Sebastian Inlet Bridge demolition material for deployment within the County's permitted artificial reef sites. 1. Authorize the transfer of up to $84,000.00 in funds from within the Coastal Engineering/Other Professional Services Account No. 12814472-033190 into Coastal Engineering/Artificial Reef Account No. 12814472-033490-05053, resulting in a total of $109,000.00 Artificial Reef funding from the County. 2. Accept $110,000.00 donation from Coastal Conservation Association, Inc., and authorize the Chair to execute the Local Funding Agreement between CCA and IRC upon concurrence by the County Attorney. Donated funds to be used to offset LFA Agreement costs with the FDOT, contingent on BCC approving FDOT LFA. 3. Execute Resolution committing $219,000.00 in County funds to the FDOT under proposed LFA 445618-1-52-01. 4. Enter into LFA 445618-1-52-01 with FDOT for the Project and authorize the Chair to execute the agreement upon concurrence by the County Attorney. 5. Authorize CCA to provide names for 50% (up to 3) of the Artificial Reef deployments, pending BCC approval of the proposed names. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistar'0, 128 RESOLUTION NO. 2025 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCALLY FUNDED AGREEMENT (LFA) FM NO. 445618-1-52-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SRA1A SEBASTIAN INLET BRIDGE REPLACEMENT SURPLUS CONCRETE DEMOLITION DEBRIS TO BE USED IN THE COUNTY'S ARTIFICAL REEF PROGRAM WHEREAS, the FDOT SRA1A Sebastian Inlet Bridge Replacement Project will generate demolition surplus concrete of appropriate size and makeup so that it is eligible for use in the County's Artificial Reef program; and WHEREAS, on April 22, 2025, Indian River Board of County Commissioners heard a joint presentation from County Staff, FDOT representatives and Coastal Conservation Association Florida executive management regarding the benefits of repurposing material for Artificial Reef use; and WHEREAS, repurposing up to 3,500 tons of material from the SRA1A Sebastian Inlet Bridge Replacement project is done at a cost in addition to what it would cost the FDOT to properly dispose of the material; and WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this Locally Funded Agreement FM No. 445618-1-52-01 for the repurposing of approximately 3,500 tons of qualifying SRA1A Sebastian Inlet Bridge Replacement demolition material for deployment in the County's permitted Artificial Reef locations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Locally Funded Agreement FM No. 445618-1-52-01 for the Project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Laura Moss Commissioner Susan Adams Commissioner Joseph H. Earman Page I 1 of 2 129 RESOLUTION NO. 2025 - The Chairman thereupon declared the resolution duly passed and adopted this _ day of , 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M Attest: Ryan L. Butler Clerk of Court and Comptroller By: (seal Deputy Clerk) Approved as to form and legal sufficiency: in Jennifer W. Shuler County Attorney Page 12 of 2 Joseph E. Flescher, Chairman 130 FM No: 445618-1-52-01 FEID No: VF -596-000-674-074 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement'), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County (IRC) located at 1801 2711 Street, Vero Beach, FI 32960 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT provide financial assistance to the DEPARTMENT for work relating to the disposal cost associated with the use of old bridge material for artificial reef purposes. The project also enhances drainage systems and increases vertical clearance to improve resiliency, while adding shoulders and shared use paths to boost safety FM Number 445618-1-52-01, Funded in Fiscal Year 2026. The full scope of the improvements are outlined in Exhibit A "Scope of Services", which is hereby attached and incorporated into this Agreement and hereinafter referred to the "Project'; and WHEREAS, the PARTICIPANT has agreed to provide the DEPARTMENT with a Lump Sum financial contribution toward the Project; and WHEREAS, the Project is serves the interest of both parties and the parties agree that and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution Item No. dated the day of 20 , a copy of which is attached hereto and made a part hereof as Exhibit B, authorizes the Director, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State, Participant direction and Local laws, rules, regulations, guidelines and standards. In accordance with the USACE permits (SAJ-2016-02916, and SAJ-2004-04393 and updates as applicable) for the artificial reefing locations attached hereto and incorporated into this Agreement as Exhibit C, of this Agreement, the DEPARTMENT will ensure that all work on the Project complies with applicable Federal and State laws. 131 3. The DEPARTMENT shall afford the PARTICIPANT and their Federal Partner the opportunity to participate in pre -construction and progress Meetings and to observe and/or inspect the work being funded under this Agreement. The Department shall also timely provide copies of au requested Contract Documents including but not limited to: Executed Contracts, Submittals] Requests for Information (RFIs), Value Engineering (VE) Proposals, Substitution Requests, Change Requests, Inspection Reports, Quality Assurance Reports, and Quality Control Reports. Additionally, the DEPARTMENT shall afford the PARTICIPANT the opportunity to review solicitations prior to posting by the DEPARTMENT for the purpose of ensuring that the Department's procurement documents comply with the applicable Federal labor standards including but not limited to 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying, and enacting without substantive change the provisions of the Davis -Bacon Act (formerly 40 USC 276 (a) et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 USC 327 et seq.), and the Copeland Anti -Kickback Act (formerly 40 USC 276(c). The DEPARTMENT shall afford the PARTICIPANT the opportunity to audit the payroll records received by DEPARTMENT to ensure that the payroll records are compliant. The Department shall provide copies of certified payroll records. 4. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the use of bridge demolition material being used for the County's Artificial Reef program available to the DEPARTMENT at no extra cost. 5. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions. 6. The total estimated cost of the Project is ONE HUNDRED -EIGHTEEN MILLION SIXTY- SEVEN THOUSAND SIX HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($118,067,628.00). The PARTICIPANT'S Lump Sum contribution of TWO HUNDRED NINETEEN THOUSAND AND NO CENTS ($219,000.00) shall be paid to the DEPARTMENT. In the event the Project is removed from the DEPARTMENT'S 5 -Year Work Program, prior to the start of construction activities and provided that no costs have been incurred by the DEPARTMENT in connection with the Project, the DEPARTMENT shall refund to the PARTICIPANT the full amount of the advance deposit made pursuant to this Agreement. (A) The PARTICIPANT agrees that it will furnish the DEPARTMENT with a wire transfer in the amount of TWO HUNDRED NINETEEN THOUSAND AND NO CENTS ($219,000.00) on or before July 25,2025 for the Project. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Number 44561815201. The DEPARTMENT shall utilize this amount towards costs of Project No. 445618-1- 52-01 132 Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 48347„3--- ABA # 121000248 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial project # 445618-1-52-01 In order for the DEPARTMENT to receive credit for the funds due to the DEPARTMENT, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. Once the wire transfer is complete, please contact Morgan Harris at 850-414-4861. 10 addition to calling Ms. Harris, the PARTICIPANT shall send an email notification t4 D4-Ifa fdot.state.fl.us stating the day and time the wire transfer was sent. (B) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed here under within three hundred sixty (360) days of final payment to the Contractor(s). The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor(s), not when the construction work is complete. The County's total lump sum contribution shall not exceed TWO HUNDRED NINETEEN THOUSAND AND NO CENTS ($219,000.00). All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. 7. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 8. This Agreement and any interest herein shall not be assigned, transferred, or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM# 4456181-52-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 133 10. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 11. The PARTICIPANT / Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT / Vendor/ Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 12. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: The remainder of this page left intentionally blank. 134 If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Loren Hughes, Local Program Coordinator With a copy to: Binod Basnet, FDOT Project Manager A second copy to: Office of the General Counsel If to the PARTICIPANT: Indian River County 1801 27th Street Vero Beach, FI 32960 Attn: Eric Charest With a copy to: Attorney The remainder of this page left intentionally blank. 135 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. BOARD OF COUNTY COMMISSIONERS OF BOARD OF COUNTY COMMISSIONERS OF STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION BY: JOSEPH FLESCHER CHAIR ATTEST: RYAN BUTLER, CLERK OF COURT(SEAL) APPROVED: BY: JENNIFER SCHULER, COUNTY ATTORNEY BY: JOHN P. KRANE, P.E. DIRECTOR OF TRANSPORTATION LEGAL REVIEW: BY: FRANCINE STEELMAN OFFICE OF THE GENERAL COUNSEL APPROVED: BY: DISTRICT PROGRAM MGMT. ADMINISTRATOR 136 Exhibit A Scope of Services FM No.: 445618-1-52-01 The purpose of this Project is to reconstruct SR A1A and replace the Sebastian Inlet Bridge to address the structural and functional deficiencies of the existing bridge and address the gap in system linkage for bicyclists and pedestrians. The Project also improves drainage systems; raise the bridge's vertical clearance to address resiliency; add shoulders and shared use paths to enhance safety; and use a portion of the qualifying bridge demolition debris to create artificial reefs. Proposed Improvements: The new bridge alignment will be shifted to the east of the existing bridge with: • Two 12 -foot travel lanes, two 8 -foot shoulders, and two 12 -foot shared use paths. • Two fishing pier/observation walks, one under the bridge from the south shore and one under the bridge from the north shore. • The vertical clearance of the new bridge will be raised from existing 39 feet to 51 feet. Artificial Reefing: [Funded and to be Maintained by Indian River County] The artificial reefing will consist of 3,500 tons of demolished material from the existing SR-A1A over Sebastian Inlet Bridge. Below is the scope specific to the artificial reefing of demolished material. 1. The project replaces the existing concrete fixed bridge with a new concrete fixed bridge. 2. Approximately 7,000 tons of demolished materials will be available from the demolition of the existing concrete fixed bridge. 3. The County has active USACE permits (SAJ-2016-02916, and SAJ-2004-04393 and updates as applicable) for the artificial reefing locations. 4. The Department will place approximately 3,500 tons of demolished materials in the nearby artificial reefing sites. The Department will comply with the USACE permits requirements for artificial reefing activities. 5. The Indian River County will manage the artificial reef along with additional reefing sites already managed by the County in the Atlantic Ocean. 6. The County will in good faith request any extensions necessary to keep the existing permits valid through the timeframe of proposed deployment. 7. The County will conduct the pre and post -reefing inspection of the Project's artificial reef sites. 8. The County will enter into a lump sum locally funded agreement with the Department in the amount of $219,000.00 for the artificial reefing activities of this Project. 137 EXHIBIT B INDIAN RIVER COUNTY RESOLUTION 138 EXHIBIT C USACE PERMITS (SAJ-2016-02916 AND SAJ-2004-04393) 139 DEPARTMENT OF THE ARMY PERMIT Permittee: INDIAN RIVER BOARD OF COUNTY COMMISSIONERS ATTN: JAMES GRAY, COUNTY COASTAL ENGINEER 1801 27TH STREET VERO BEACH, FLORIDA 32960 Permit No: SAJ-2016-02916(SP-AWP) Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee `O or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction e permitted activity or the appropriate official of that office acting under the m N1 _f the commanding officer. G V You are authorized to perform work in accordance with thei1d conditions specified below. p O.010 Project Description: Construction of a 40 cre 3Z i reef zone in order to construct approximately 5 patch reefs within the P�eT*ne'over the next decade. Reefs will be spaced a minimum of 500 feet be h section and will be deployed in water depths ranging 50-60 feet reltiv t can Low Low Water (MLLW) line. Reef materials will various approved, high quality, durable materials. These include, large concrete structures (i.e. light poles, culverts, railroad ties, etc.), approved �i eef modules, and/or limestone boulders. At no time will the pro osmaterials contain asphalt, creosote, petroleum, loose free-floating �j a r,or other hydrocarbons or deleterious substances. `'Although construction of each Individual reef will vary depending on deployment location and depths, reef sites will have elevations between 10-15 feet in order to maintain a minimum clearance of 40 feet between the top of the reef and MLLW. Each reef will have a maximum constructed footprint of 33,000 feet2 or 0.75 acres and will contain up to 1,000 tons of material. Spacing between reefs will also be considered in order to maintain recreational and natural biological functions. The work described above is to be completed in accordance with the 2 pages of drawings and 4 attachments affixed at the end of this permit instrument. Project Location: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located approximately 5-8 miles south of 140 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 2 of 13 Sebastian Inlet approximately 3-4 miles offshore in Federal waters of the Atlantic Ocean. APPROXIMATE COORDINATES: Location Latitude Longitude NW Corner 27.8374 -80.3636 NE Corner 27.8389 -80.3598 SW Corner 27.8340 -80.3619 SE Corner 27.8355 -80.3582 Permit Conditions `O V� �G General Conditions: 01?--- 1. The time limit for completing the work authorizes ole June 12, 2027. If you find that you need more time to complete the aut activity, submit your request for a time extension to this office for considerti n qt ast one month before the above date is reached. ` 2. You must maintain th ''��tivQauthorized by this permit in good condition and in conformance with the nti conditions of this permit. You are not relieved of this requirement if yo the permitted activity, although you may make a good faith transfer to a t in compliance with General Condition 4 below. Should you wish to ceas ai ain the authorized activity or should you desire to abandon it without a gog6i fa ansfer, you must obtain a modification of this permit from this office, which Srr%�quire restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this 141 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 3 of 13 permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: O 1. Cultural Resources/Historic Properties: No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic PI (NRNP) or those eligible for inclusion in the NRHP. V a. No structure or work shall adversely affect impact or dist u eMes listed in the National Register of Historic Places (NRHP) or those eligibi i sion in the NRHP. b. If during the ground disturbing activities an Rs-;Stion work within the permit area, there are archaeological/cultural materials e-ered which were not the subject of a previous cultural resource s4sstent survey (and which shall include, but not be limited to: ship wrecks, odified shell, flora, fauna, human remains, ceramics, stone tools or met m nts, dugout canoes, evidence of structures or any other physical remai ar could be associated with Native American cultures or early colonial or A r�lement), the Permittee shall immediately stop all work and ground-distur ' itvii!fes within a 100 -meter diameter of the discovery and notify the Corps wit i t me business day (8 hours). The Corps shall then notify the Florida State Preservation Officer (SHPO) and the appropriate Tribal Historic Xtion Officer(s) (THPO(s)) to assess the significance of the discovery and devise opriate actions. c. Additional cultural resources assessments may be required of theP ermit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100 -meter diameter of the unmarked human 142 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 4 of 13 remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8 -hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. 2. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation,Sr other alteration, of the structures or work herein authorized, or if in the opinio Secretary of the Army or his authorized representative, said structure or cause unreasonable obstruction to the free navigation of the navigabl tt , the Permittee will be required, upon due notice from the Corps of E E�o remove, relocate, or alter the structural work or obstructions caused t b ,`without expense to the United States. No claim shall be made against thte States on account of any such removal or alteration. 3. Reporting Addresses: The Permit 04aW teference this permit number, SAJ- 2016-02916(SP-AWP), on all corr ce. Unless specifically notified to the contrary, the Permittee shall (lowing addresses for transmitting correspondence to the rr�ned agencies: a. U. S 'ArrqeLomas bf Engineers EnfZVnVaf Division P 4970 `'la ksonville, Florida 32232 or by email at CESAJ-ComplyDocs@usace.army. miI b. National Oceanic and Atmospheric Administration Marine Chart Division Office of Coast Survey, N/CS26, Sta. 7317 1315 East-West Highway Silver Springs, MD 20910-3282 or email at ocs.ndb@noaa.gov 143 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 5 of 13 i r c. Rear Admiral S.A. Buschman, Commander 1 U.S. Coast Guard, Seventh District Brickell Plaza Federal Building 909 SE 1 st Avenue Miami, Florida 33131-3050 d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 1 620 S. Meridian Street, Box 4132 Tallahassee, Florida 32399of ` Or email at artificial reefdeployments@MyFWC.com V11C 1\3 4. Initial Agency Notification: The Permittee shall provide to S.rmy Corps of Engineers (Corps), National Oceanic and Atmospheric Adm' a (NOAH), and U.S. Coast Guard (USCG) written notification of the plann pl anent start date at least 2 weeks prior to the initial deployment on the auth i �icial reef site. 5. Authorized Reef Materials: ii e rr eriAs or module will weigh less than 500 pounds. Reef materials shall be free from asphalt, petroleum, other hydrocarbons and toxic resid s, free floating material or other deleterious substances. All artificial K%terials and/or structures will be selected, designed, constructed, and d I create stable and durable marine habitat. The Permittee shall deploy o I owing authorized reef materials: a. Pated artificial reef modules composed of ferrous and/or aluminum-alloy �, /4 inch or more in thickness, concrete, rock, or a combination of these materials. b. Natural rock boulders and other pre-cast concrete material such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material. c. Clean steel and concrete bridge or large building demolition materials such as slabs or pilings with all steel reinforcement rods severed as close to the concrete surface as possible but not to extend more than 6 inches to ensure the rod will not create a fishing tackle or diver ensnaring hazard. d. Heavy gauge ferrous & aluminum alloy metal material components or structures, 1/4 inch or more in thickness, such as utility poles and antenna towers. 144 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 6 of 13 e. Heavy gauge ferrous and aluminum alloy metal hulled vessels which equal or exceed 60 feet hull length prepared and deployed in accordance with all applicable U.S. Coast Guard, U.S. Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, or other applicable state or federal agency regulations or policies. The vessel shall not be deployed until all necessary inspections and clearances have been obtained or waived and a stability analysis has been completed demonstrating the vessel will be stable during a 50 -year storm event based on vessel and deployment site characteristics. The Permittee shall follow the National guidance regarding preparation of vessels for deployment as artificial reefs which are available at http://www.epa.gov/owow/oceans/habitat/artificialreefs/index.htmi. The Permittee provide a record of all inspections, clearances or waivers to the Corps along vyjtOZ pre-deployment notification. ��� f. Reef structures, materials, and installation methods shallta3�-ft rlcd and deployed to prevent entanglement and entrapment of listed ie use of open - bottom structures is not authorized unless the structure tlk a leaopening at the top of the structure for turtles to escape. _`U REEF PARAMETERS ` • • �V �V 6. Reef Parameters: The Pe Shall deploy all reef materials within the site 0 boundaries as defined o �ri t drawing page 2 of 2. A minimum clearance of 40 feet from the top of the material relative to mean low water (MLW) shall be maintained. 7. Viol f Reef Parameters Notification: In the event reef material is deployed i�c�ltion or manner contrary to the Reef Parameters Special Condition, the Cp Ittee shall immediately notify the USCG Station and provide information as �`�requested by the station. The Permittee shall notify NOAA, USCG and Corps in writing within 24 hours of the occurrence. At a minimum the written notification shall explain how the deployed material exceeds the authorized reef parameters, a description of the material, a description of the vessel traffic in the area, the deployment location in nautical miles at compass bearing from obvious landmarks, the location of the unauthorized material in latitude and longitude coordinates (degree, minute, decimal minute format to the third decimal place), and the water depth above the material from MLW. The document will list the information provided by telephone to the USCG as noted above and include the time of the call and the name of the USCG personnel receiving the information. 8. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished by 145 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 7 of 13 diver, submersible video camera, fathometer, depth/bottom sounder (e.g. "fish finder"), or side -scan sonar. The inspection of the deployment area may occur at the time of deployment, but no more than one (1) year prior to deployment. The Permittee shall maintain a deployment buffer of at least 500 feet from any submerged beds of sea grasses, macroalgae, hard or soft coral, live bottom, areas supporting growth of sponges, sea fans, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom -dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, O historic refuse piles, or careenage areas, the Permittee shall also maintain a �� deployment buffer of at least 500 feet from these resources. 9. The Permittee shall provide of the information obtained from the as s Fit to the Corps no less than 14 days prior to deployment of material on1i reef in conjunction with the pre -deployment notification. Gd'lc DEPLOYMENT 0 10. Pre -Deployment Notification: N les4tha'h 14 days prior to deployment of material on an artificial reef, the P hall transmit by electronic mail ("email") a complete and signed "Florid�krti 'c' Reef Materials Cargo Manifest and Pre - Deployment Notification" attachment 2), to the Corps and Florida Fish and Wildlife Conservation Com s C) to allow inspection of the proposed reef materials as deemed nece t e agencies. Inspection is allowable at the staging area. By signing t r loyment Notification the Permittee certifies all materials are free from as , petroleum, other hydrocarbons and toxic residues. The Permittee shall 1k?�zm material if notified by the Corps or FWC that the material is questionable. material needs to be evaluated before it is released for deployment. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site. 11. Deployment of the material shall not occur until after the end of the 14 -day inspection period. The Permittee shall ensure both a copy of this permit and the signed "Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification" form are maintained aboard the deployment vessel at all times during loading, transit, and deployment. 12. Post -Deployment Placement Report/As-Built Drawing: Within no more than 30 days after deployment at the reef site, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed "Florida Artificial Reef Materials Placement Report and Post -Deployment Notification" form (Attachment 3). Please note, 146 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 8 of 13 the Corps requires the latitude and longitude to be accurate within five (5) meters horizontal distance on the post -deployment report. Attach to the report an as -built drawing containing the approximate deployment configurations and the height of the material after placement. Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to within one (1) meter. Also, include information on the condition of the material at the time of deployment. The report and drawing shall be limited to a few pages per deployment. Representative photographs and/or video, if available, should be submitted. 13. Ownership/Maintenance/Liability: By signing this permit, the Permittee certiZi and acknowledges ownership of all artificial reef materials deployed on the ree responsibility for maintenance of the artificial reef, and possesses the abi ' �me liability for all damages that may arise with respect to the artificial reef.G V 14. Assurance of Navigation and Maintenance: The Per, nderstands and agrees that if future operations b the United States Se, elhe removal relocation or 9 P Y other alteration, of the structures or work herein ri or if in the opinion of the Secretary of the Army or his authorized repr sent e, said structure or work shall cause unreasonable obstruction to the f e avigation of the navigable waters, the Permittee will be required, upon dl from the Corps, to remove, relocate, or alter the structural work or obstru �°°nc tTsed thereby, without expense to the United States. No claim shall b l against the United States on account of any such removal or alterati `� ENDANGJEREECIES 1§f.�jeA Turtle/Sawfish/Sturgeon Guidelines: The Permittee shall comply with the i nal Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction ��\aconditions", which also applies to sturgeon (Attachment 4). 16. Manatee Protection: The Permittee shall ensure wharf fenders are installed to reduce the risk of a vessel crushing a manatee. The wharf fenders shall be installed with appropriate materials to provide sufficient standoff space of at least 3 feet under compression. Fenders or buoys providing a minimum standoff space of at least 3 feet under compression shall be utilized between two vessels moored together. 17. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work — 2011" (Attachment 5). 18. Marine Life Entrapment: Neither reef structure nor material or the method of design or deployment should pose more than minimal risk of entrapping fish, marine 147 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 9of13 turtles, or marine mammals. The Permittee shall take all necessary action to minimize this risk. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the Enforcement Section by telephone at 904-232-1177 and the National Marine Fisheries Service by telephone at 727-824-5301. 19. Species reporting: Any collision(s) with and/or injuries to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (727-824-5312) or by O email to take report.nmfsser@noaa.gov and CESAJ-ComplyDocs@usace.army. miI� `' Sea turtle and marine mammal stranding/rescue organizations' contact inform t' �6J`` available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm. sawfish encounters shall be reported to http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencountersjl?-- *Failure to report take of a federally listed threatened (Sgered species may lead to suspension, revocation, or modification of this or ion. (From Section 3(18) of the Federal Endangered Species Act: The t rm 't" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, Q cct,*or to attempt to engage in any such conduct.) N O_ 20. Right Whale Prote rtificial reef material shall not be transported or deployed between r 15 and April 15 for the conservation of the endangered Northern Righ ithin the boundaries of the National Marine Fisheries Service designat o n Right Whale Southeastern United States critical habitat area. It is ille al t ach within 500 yards of a right whale by vessel, aircraft, or any other 0 CFR 224.103 (c). Any vessel finding itself within 500 yards of a right whale s depart immediately at a slow speed. 21. The permittee agrees to comply with all of the activity specific Project Design Criteria (PDCs) listed in the National Marine Fisheries Service's (NMFS) Statewide Programmatic Biological Opinion (SWPBO), dated December 4, 2015. Failure to comply with these conditions could result in enforcement action by the Corps and/or NMFS. 22. Marine Life Entrapment: Neither structure nor material or the method of construction shall pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. In -water lines must be industrial grade metal or heavy cables that do not readily loop and tangle. All in -water lines (rope and cable) must be rigid and cannot have excess line in the water. Lines may be enclosed in a plastic or rubber sleeve/tube to add rigidity. 148 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 10 of 13 Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) ( ) Section 404 of the Clean Water Act (33 U.S.C. 1344 ( ) Section 103 of the Marine Protection, Research and U.S.C. 1413) 2. Limits of this authorization. Sanctuaries Act of 1972 k3liS� �G G� V a. This permit does not obviate the need to obtain oth i'al, State, or local authorizations Y law. required b 4 O'0� b. This permit does not grant any prop �`rty r or exclusive privileges. c. This permit does not auth Winjury to the property or rights of others. d. This permit doe thorize interference with any existing or proposed Federal projects. 3. Lim' s f ral Liability. In issuing this permit, the Federal Government does not ass ability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 149 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 11 of 13 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. `O b. The information provided by you in support of your permit application r� have been false, incomplete, or inaccurate (see 4 above). 111v c. Significant new information surfaces which this office d f i oder in reaching the original public interest decision. G0 Such a reevaluation may result in a determina4',%0� h t� is appropriate to use the suspension, modification, and revocation pr ceddVA, contained in 33 CFR 325.7 or enforcement procedures such as thos ; ir)4d in 33 CFR 326.4 and 326.5. The referenced enforcement procedur for the issuance of an administrative order requiring you comply with the `Crrd conditions of your permit and for the initiation of legal action where appr e` You will be required to pay for any corrective measures ordered by this offi �ou fail to comply with such directive, this office may in certain situati s those specified in 33 CFR 209.170) accomplish the correctiveoa s by contract or otherwise and bill you for the cost. �► �`% tensions: General Condition 1 establishes a time limit for the completion of the �clN'Tity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 150 i When the structures orwork authorized bythis permit are stiII'lin existence at the time the property is transferred, the terms a:tod conditions of this permit will continue to be binding on the new owner(s) of the properly. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE -SIGNATURE) i 4" (NAME -PRINTED) (ADDRESS) (CITY,. STATE, AND ZIP CODE) 151 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 13 of 13 Attachments to Department of the Army Permit Number SAJ-2016-02916(SP-AWP) 1. PERMIT DRAWINGS: 2 pages 2. PRE -DEPLOYMENT NOTIFICATION FORM: 2 pages, Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification �` �O 3. POST -DEPLOYMENT PLACEMENT REPORT/AS-BUILT DRAWING FORM: pages, Florida Artificial Reef Materials Placement Report and Post -Deploy G Notification V 4. SEA TURTLE — SAWFISH CONDITIONS: 1 page, Sea malltooth Sawfish Construction Conditions, revised March 23, 20K Y --, 5. MANATEE CONDITIONS: 2 pages, Standar tee Conditions for In -Water Work — 2011 -4.. O G� V SP S� 152 III N.GL';.! c N.C.QO. LZ N.0 ".[Z M LO T" 154 FLORIDA ARTIFICIAL REEF MATERIALS CARGO MANIFEST AND PRE -DEPLOYMENT NOTIFICATION (Issued pursuant to Ch. 370.25(6)(b), Florida Statutes) Name of individual managing reef deployment (print) Signature Date whose address is , ( - Street City State Zip Code Phone declare that I am staging and transporting the following artificial reef construction materials allowable pursuant to the U.S. Army Corps of Engineers Artificial Reef Permit referenced below and agree to comply with all permit conditions in the permit listed below and attached to this manifest. I understand this artificial reef site is open to public access and this authorization does not provide any rights or exclusive private use over those rights or uses to the general public. The address of the land based reef materials staging area is: Transporting Vessel Registration Number: Vessel Owner: Vessel Operator: O • The following items are to be deployed as reef material (attach additional sheets when morA�n f ocations): MATERIAL TAG Descriptions of materialrdinates ID NUMBER(S), if applicable (number of pieces, type, dimension, weight) de a inutes, decimal minutes GDD°MM.mmm') Lat: O ---' OLon -.—O- ---' `` • • ONV ` Lat: o Lon: o --- Lat: o_ — — — O _ G- Lon: ---' Lat: o— `� Lon: o— --- A copy of the below referenced permit(s) and all associated conditions is attached to this manifest and shall be carried on board the vessel during loading, storing, or transporting artificial reef material. EXPLANATION SHEET FOR THE ARTIFICIAL REEF MATERIALS CARGO MANIFEST FORM The attached artificial reef cargo manifest has been developed in compliance with subsection 370.25 (6)(b), Florida Statutes, which states that: "It is unlawful for any person to: store, possess or transport on or across state waters any materials reasonably suited for artificial reef construction and stored in such a manner providing ready access for use and placement as an artificial reef, unless a valid cargo manifest issued by the commission or a commission -certified inspector is onboard the transporting vessel. The manifest will serve as authorization to use a valid permitted site or land-based staging area, which will validate that the type of artificial reef construction material being transported is permissible for use at the permitted site, and will describe and quantify the artificial reef material being transported. The manifest will also include the latitude and longitude coordinates of the proposed deployment location, the valid permit number, and the copy off the permit conditions for the permitted site. The manifest must be available for inspection by any authorized • enforcement officer or commission employee." `1�` This requirement for a cargo manifest became part of the statutory revision �i�iffcial reef program statute Section 370.25 Florida Statutes (F.S.), modified during the Te of Florida Legislature. The statutory language allows a "commission certified inspector" c and approve the artificial reef materials cargo manifest. Therefore, we are providing the a c go manifest form to all local coastal government artificial reef coordinators and eligible non -p4 rations who may physically construct artificial reefs with the approval of the permit holders. O� INSTRUCTIONS A separate cargo manifest form isW01 pleted for each load to be transported offshore (i.e., one manifest per voyage). The m, list all, and only, the reef materials onboard. The top of the form iMirfed out by the reef builder with his/her contact information andj the information about th reef materials to be deployed written into the boxes. If several materials are identir ave different tag numbers, please write "SAME" in the box for the other; materials. Als�jtu ME" under additional coordinates if all materials are going to the same! deployment shaded portion of the form at the bottom is to be filled out by the materials inspector. ��argo manifest must be completed by an entity representing the holder of the applicable �aftificial reef permit to assure that all materials meet the requirements of the permit. Completion of the artificial reef materials cargo manifest is required for all construction activities. The requirement to complete this document is not intended to be an undue burden on entities wishing to legally construct artificial reefs within permitted sites, but is a tool to assist law enforcement personnel in preventing the illegal construction of artificial reefs without the knowledge of the permit holder or in areas outside of legally permitted sites. It is intended to allow law enforcement staff to determine whether or not a load of materials is legal under the permit conditions. Without a properly completed Cargo Manifest Form on board, reef builders will be returned to port pursuant to Chapter 370.25 (6) (b). It is not necessary to send a copy of the Cargo Manifest Form to the FWC artificial reef section in Tallahassee. Documentation of the reef building activity should be maintained by the entity issuing the manifest in the event of any FWC inquiries. Reminder: the placement of all public artificial reefs in state or adjacent federal waters requires the submittal of a Materials Placement Report to the FWC artificial reef program within 30 days of public reef deployment in accordance with s. 370.25 F.S. 156 i 1 FLORIDA ARTIFICIAL REEF MATERIALS PLACEMENT REPORT AND POST -DEPLOYMENT NOTIFICATION To Be Completed For Each Deployment Location or Date of Deployment County or l Municipality: Date of Placement: Grant No. FWC - (if applicable) Total project cost: $ Funding Source(s) and Amount(s): FWC $ Local $ Name of Permitted Reef Site: Latitude: ° North (degrees, minutes, decimal minutes (DD°MM.minni U.S. Army Corps Permit No.: Other $ Location Name for This Deployment: Longitude: (degrees, minutes, GPS Brand and Model Number: Geographical Location: at degrees from (nautical miles) (bearing) (� reference inlet) Water Depth: feet - Maximum Material Height: `Felt = Minimum Vertical Clearance: feet TYPE AND AMOUNT OF MATERIAL D DAT THE LOCATION DESCRIBED ABOVE: (ATTACH A PHOTOGRAPH OF THE MATERIA q1WEkARGE IMMEDIATELY PRIOR TO DEPLOYMENT) Primary Type e of Material: bN Number of Pieces: Dimensions: Secondary Type of Mataric Dimensions: _ t k -,A Number of Pieces: TOT;VegE FOR THIS DEPLOYMENT: 1 DO HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Observer's Name: (PLEASE PRINT) Observer's Signature: Observer's Remarks: Title: Date: (PLEASE PRINT) 6-02916(SP AV ant 3. 1 DO HEREBY CERTIFY THAT THE ABOVE INFORMATION COMPLIES WITH THE ABOVE REFERENCED PERMIT CONDITIONS Permittee's Staff Name: Title: (PLEASE PRINT) (PLEASE PRINT) Permittee's Staff Signature: Date: Kev. arzjizuut FWC initials date 157 Second page to contain instructions.... ji 1 FOR GRANT -FUNDED REEFS, the following data will be recorded at the staging area prior to and after the deployment. This'! Drmiula represents an average, single rake barge and may not represent the exact tonnage of materials placed. USING THIS FORMULA FOR PAYMENT OF TRANSPORTATION COSTS SHOULD BE AGREED UPON IN ADVANCE WITH A CONTRACTOR. -�\N\E, \E) PN �o--e a], r�T er '` UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the `O Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth s em—ott become entangled, be properly secured, and be regularly monitored to a 'd ted species entrapment. Barriers may not block sea turtle or smalltooth sawfis o exit from designated critical habitat without prior agreement from the a Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction p oject operate at "no wake/idle" speeds at all times while in the construction area and ul water depths where the draft of the vessel provides less than a four -foot clear � e bottom. All vessels will preferentially follow deep -water routes (e.g., marked whenever possible. e. If a sea turtle or s sawfish is seen within 100 yards of the active daily construction/ eration or vessel movement, all appropriate precautions shall be implem sure its protection. These precautions shall include cessation of operation of an vi uipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any cal construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is s en within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc SAJ-2016-02916(SP-AWP) Attachment 4 159 STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less IN than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever �`V possible. ` C. Siltation or turbidity barriers shall be made of material in which manatees cannot entangled, shall be properly secured, and shall be regularly monitored to av � e entanglement or entrapment. Barriers must not impede manatee moveE t� V.. - d. All on-site project personnel are responsible for observing wa r �tovities for the re ence P 1 P P 9 � presence of manatee(s). All in operations, including vessels u t b shutdown if a manatee(s) comes within 50 feet of the operation. Activities will s me until the manatee(s) has moved beyond the 50 -foot radius of the project operati n, or 130 minutes elapses if the manatee(s) has not reappeared within 50 feet of the o rRn.. Animals must not be herded away or harassed into leaving. e. Any collision with or injury r n�e shall be reported immediately to the Florida Fish and Wildlife Conservation on (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be re t e U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida each (1-772-562-3909) for south Florida, and to FWC at Imperil dim FWC.com f. y signs concerning manatees shall be postedprior toand during all in -water project a ivities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. SAJ-2016-02916(SP-AWP ) Attachment 5 160 .. _.. eb .�-. ,J i r � DEPARTMENT OF THE ARMY PERMIT Permittee: INDIAN RIVER BOARD OF COUNTY COMMISSIONERS ATTN: JAMES GRAY, COUNTY COASTAL ENGINEER 1801 27TH STREET VERO BEACH, FLORIDA 32960 Permit No: SAJ-2016-02916(SP-AWP) Issuing Office: _U.S. Armes Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee O or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction e permitted activity or the appropriate official of that office acting under the all the commanding officer. G V You are authorized to perform work in accordance with thei1d conditions specified below. O� Project Description: Establish eleven sep rate�'acre artificial reef zones and construct approximately five patch reef wltl(n �ach reef zone over the next decade. Reefs will be spaced a minimumbetween each section and will be deployed in water depths ranging from 0- 0 et relative to Mean Low Low Water (MLLW) line. Reef sites shall maintainAnum clearance of 40 feet between the top of the reef and MLLW. Each a wave a maximum constructed footprint of 33,000 feet2 or 0.75 acres an WVln up to 1,000 tons of material. Reef m�� will consist of various approved, high quality, durable materials. These i ,Marge will concrete structures (i.e. light poles, culverts, railroad ties, etc.), oved artificial reef modules, and/or limestone boulders. At no time will the "proposed reef materials contain asphalt, creosote, petroleum, loose free-floating material, or other hydrocarbons or deleterious substances. The work described above is to be completed in accordance with the two pages of drawings and four attachments affixed at the end of this permit instrument. Project Location: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located approximately 5-8 miles south of Sebastian Inlet and approximately 3-4 miles offshore in Federal waters of the Atlantic Ocean. 162 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 2of12 APPROXIMATE COORDINATES: Location Latitude Longitude NW Corner 27.83784136 -80.36902585 CENTRALS 27.83576726 -80.3562724 CENTRAL N 27.84169676 -80.3592824 NE Corner 27.84478 2 -80.35147459 SW Corner 27.79945808 -80.34981046 SE Corner 27.80639993 -80.33226425 NE Corner 27.84478552 -80.35147459 Permit Conditions 1� V�`O ,�G General Conditions: O\ -k 1. The time limit for completing the work authori10 s;n Januar 9 2028. If P 9 , Y you find that you need more time to complete theVWized activity, submit your request for a time extension to this officef onsi ration at least one month before the above date is reached. tze 2. You must maintain th ''�tivQ d by this permit in good condition and in conformance with the �nb conditions of this permit. You are not relieved of this requirement if yo the permitted activity, although you may make a good faith transfer to t in compliance with General Condition 4 below. Should you wish to ceas ai ain the authorized activity or should you desire to abandon it without a go pcl fa ansfer, you must obtain a modification of this permit from this office, which �rr% quire restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this 163 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 3 of 12 permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: A`X 1. The Authorized Minimum Clearance for this Artificial Reef is 40 feet relativ O MLLW. �G 2. Cultural Resources/Historic Properties: No structure or work shrsely affect impact or disturb properties listed in the National Registe t c Places (NRHP) or those eligible for inclusion in the NRNP. G� a. No structure or work shall adversely affect 'ct�disturb properties listed in the National Register of Historic Places (NRHP) or tht eligible for inclusion in the NRHP. b. If during the ground disturbi� s and construction work within the permit area, there are archaeologic uPmaterials encountered which were not the subject of a previous cul r sources assessment survey (and which shall include, but not be limited t - s '� r ecks, pottery, modified shell, flora, fauna, human remains, ceramics, sto metal implements, dugout canoes, evidence of structures or any other rsi remains that could be associated with Native American cultures or earl c or American settlement), the Permittee shall immediately stop all work and - isturbing activities within a 100 -meter diameter of the discovery and notify the s within the same business day (8 hours). The Corps shall then notify the Florida tate Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. 164 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 4 of 12 d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100 -meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8 -hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the 0 State Archeologist and from the Corps. ` � V 3. Reporting Addresses: The Permittee shall reference this permit nu j5V- 2016-02916(SP-AWP), on all correspondence. Unless specifically no e contrary, the Permittee shall use the following addresses for tr 'lnn ' correspondence to the referenced agencies: a. U.S. Army Corps of Engineers O� Enforcement Division PO Box 4970 ` •' Jacksonville, Florida 32232 O or by email at SAJ- I orcement@usace.army.mil b. National nd Atmospheric Administration Mar' Division j O '�r Coast Survey, N/CS26, Sta. 7317 `C-1 15 East-West Highway , Silver Springs, MD 20910-3282 or email at ocs.ndb@noaa.gov c. Rear Admiral S.A. Buschman, Commander U.S. Coast Guard, Seventh District Brickell Plaza Federal Building 909 SE 1 st Avenue Miami, Florida 33131-3050 d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 620 S. Meridian Street, Box 4132 Tallahassee, Florida 32399 165 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 5 of 12 Or email at artificialreefdeployments@MyFWC.com 4. Initial Agency Notification: The Permittee shall provide to the U.S. Army Corps of Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), and U.S. Coast Guard (USCG) written notification of the planned deployment start date at least 2 weeks prior to the initial deployment on the authorized artificial reef site. 5. Authorized Reef Materials: No reef materials or module shall weigh less than 500` pounds. Reef materials shall be clean and free from asphalt, petroleum, other �O hydrocarbons and toxic residues, loose free floating material or other deleteri substances. All artificial reef materials and/or structures will be selected constructed, and deployed to create stable and durable marine habitat. h ermittee shall deploy only the following authorized reef materials: Ol?".- a. Prefabricated artificial reef modules composed rods and/or aluminum -alloy metals, '/4 inch or more in thickness, concrete, rl�*Jc mbination of these materials. b. Natural rock boulders and otherstcbncrete material such as culverts, stormwater junction boxes, powerIroad ties, jersey barriers, or other similar concrete material. c. Cleans teel aAte 0e bridge or large building demolition materials such as slabs or piling el reinforcement rods severed as close to the concrete surface a s but not to extend more than six inches to ensure the rod will not create g tackle or diver ensnaring hazard. Heavy gauge ferrous & aluminum alloy metal material components or structures, `'�/4 inch or more in thickness, such as utility poles and antenna towers. W e. Reef structures, materials, and installation methods shall be designed and deployed to prevent entanglement and entrapment of listed species. The use of open - bottom structures is not authorized unless the structure has at least a 3 -ft opening at the top of the structure for turtles to escape. 6. No vessels are authorized to be deployed within the coordinates authorized by this Department of the Army permit. 166 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 6of12 REEF PARAMETERS 7. Reef Parameters: The Permittee shall deploy all reef materials within the site boundaries as defined on permit drawing page 2 of 2. A minimum clearance of 40 - feet from the top of the deployed material relative to MLLW shall be maintained. 8. Violation of Reef Parameters Notification: In the event reef material is deployed in a location or manner contrary to the Reef Parameters Special Condition, the Permittee shall immediately notify the USCG Station and provide information as requested by the station. The Permittee shall notify NOAA, USCG and Corps in wr'ti within 24 hours of the occurrence. At a minimum, the written notification shall how the deployed material exceeds the authorized reef parameters, a der the material, a description of the vessel traffic in the area, the deployment in nautical miles at compass bearing from obvious landmarks, the t�n the unauthorized material in latitude and longitude coordinates �16�inute, decimal minute format to the third decimal place), and the wa ptA above the material from MLLW. The document will list the information pr v telephone to the USCG as noted above and include the time of the call nd. ame of the USCG personnel receiving the information. ` • • V 9. Protection of Existing R o C*e Permittee shall not deploy artificial reef materials until an asses Nt if the bottom conditions have been accomplished by diver, submersible - neral fathometer, depth/bottom sounder (e.g. "fish finder'), or side -scan s -inspection of the deployment area may occur at the time of deployme�tkb more than one (1) year prior to deployment. The Permittee shall maintai`01ployment buffer of at least 500 feet from any submerged beds of sea gra , m__acroalgae, hard or soft coral, live bottom, areas supporting growth of p ges, sea fans, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom -dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 500 feet from these resources. DEPLOYMENT 10. Pre -Deployment Notification: The material must be evaluated before it is released for deployment. No less than 14 days prior to deployment of material on an artificial reef, the Permittee shall transmit by electronic mail ("email") a complete and signed "Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification" form (Attachment 2), to the Corps and Florida Fish and Wildlife 167 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 7 of 12 Conservation Commission (FWC) to allow inspection of the proposed reef materials as deemed necessary by the agencies. Inspection is allowable at the staging area. By signing the Pre -Deployment Notification, the Permittee certifies all materials are free from asphalt, petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy material if notified by the Corps or FWC that the material is questionable. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site. 11. Deployment of the material shall not occur until after the end of the 14 -day inspection period. The Permittee shall ensure both a copy of this permit and theOd �O "Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notificat, are maintained aboard the deployment vessel at all times during loading r fit deployment. 12. Post -Deployment Placement Report/As-Built Drawi� I�V thin no more than 30 days after deployment at the reef site, the Permittee transmit by email to the Corps, FWC, and NOAA a complete and signed'V%1form d rtificial Reef Materials Placement Report and Post -Deployment I 'ficat(Attachment 3). Please note, the Corps requires the latitude and Ion 'tLib+ to be accurate within five (5) meters horizontal distance on the post-dMO report. Attach to the report an as -built drawing containing the appro loyment configurations and the height of the material after placemenON i shall be verified utilizing fathometer, depth sounder, or similar device accu to n one (1) meter. Also, include information on the condition of th IYaT at the time of deployment. The report and drawing shall be limited top kAVa6es per deployment. Representative photographs and/or video, if aVQWuldvailabbe submitted. 1``31�wnership/Maintenance/Liability: By signing this permit, the Permittee certifies Xand acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the ability to assume liability for all damages that may arise with respect to the artificial reef. 14. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 168 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 8 of 12 ENDANGERED SPECIES 15. Sea Turtle/Sawfish/Sturgeon Guidelines: The Permittee shall comply with the National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions", which also applies to sturgeon (Attachment 4). 16. Manatee Protection: The Permittee shall ensure wharf fenders are installed to reduce the risk of a vessel crushing a manatee. The wharf fenders shall be installed with appropriate materials to provide sufficient standoff space of at least 3 -ft under O compression. Fenders or buoys providing a minimum standoff space of at least 3- under compression shall be utilized between two vessels moored together. G 17. Manatee Conditions: The Permittee shall comply with the "Stan �atee Conditions for In -Water Work — 2011" (Attachment 5).v GO� 18. Marine Life Entrapment: Neither reef structure atlerial or the method of design or deployment should pose more than mi r k of entrapping fish, marine turtles, or marine mammals. The Permittee hall all necessary action to minimize this risk. Any observation of entrappe ie•ttLrtles or marine mammals on this artificial reef site should be reportiately to the Enforcement Section by telephone at 904-232-1177 Zd t FS by telephone at 727-824-5301. 19. Species repo 'n collision(s) with and/or injuries to any sea turtle, sawfish, whale, or stur ring during the construction of a project, shall be reported immediate S's Protected Resources Division at (727-824-5312) or by email to: takerep fsser@noaa.gov and SAJ-RD-Enforcement@usace.army. mil. Sea turtle �e�a ne mammal stranding/rescue organizations' contact information is available by i n at http://www.nmfs.noaa.gov/pr/health/networks.htm. Smalltooth sawfish �� encounters shall be reported to http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.htm1. *Failure to report take of a federally listed threatened or endangered species may lead to suspension, revocation, or modification of this authorization. (From Section 3(18) of the Federal Endangered Species Act: The term 'take' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.) 20. Right Whale Protection: Artificial reef material shall not be transported or deployed between November 15 and April 15 for the conservation of the endangered Northern Right Whale within the boundaries of the NMFS designated Northern Right Whale Southeastern United States critical habitat area. It is illegal to approach within 169 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 9 of 12 500 yards of a right whale by vessel, aircraft, or any other means (50 CFR 224.103 (c). Any vessel finding itself within 500 yards of a right whale must depart immediately at a slow speed. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: A`X o (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) () Section 404 of the Clean Water Act (33 U.S.C. 1344) V� () Section 103 of the Marine Protection, Research and Sanc Pk A of 1972 (33 U.S.C. 1413) G 2. Limits of this authorization. o� a. This permit does not obviate t n -4d 40 obtain other Federal, State, or local authorizations required by law. 4�O b. This permit doent any property rights or exclusive privileges. `V c. This p e not authorize any injury to the property or rights of others. d. ermit does not authorize interference with any existing or proposed F�l projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 170 PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 10 of 12 e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a a`v • reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. G� b. The information provided by you in support of your perli ion proves to have been false, incomplete, or inaccurate (see 4 above). 1 uu c. Significant new information surfaces whiis Ice did not consider in on, reaching the original public interest decisi Such a reevaluation may result ' mination that it is appropriate to use the suspension, modification, an ebon procedures contained in 33 CFR 325.7 or enforcement procedures i�s those contained in 33 CFR 326.4 and 326.5. The referenced enforce a edures provide for the issuance of an administrative order requiring you WY the terms and conditions of your permit and for the initiation of legal aii$tuations appropriate. You will be required to pay for any corrective measures orderes office, and if you fail to comply with such directive, this office may in (such as those specified in 33 CFR 209.170) accomplish the olr ctive measures by contract or otherwise and bill you for the cost. �� 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 171 When the structures or work authorized by -peri# are still inexistence at OIe time the property is transferred, the tetras and dpoidm of this petmit will contest to be binding on the new owner(a)of the property. To vatldate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, h the transferee sign and date below. (" AN"EREE41OWURE) (NAMEAR—IRTED) (AO ESS)` (CITY, STATE, AND ZIPS CODE) 172 . PERMIT NUMBER: SAJ-2016-02916 PERMITTEE: Indian River Board of County Commissioners PAGE 12 of 12 Attachments to Department of the Army Permit Number SAJ-2016-02916(SP-AWP) 1. PERMIT DRAWINGS: 2 pages 2. PRE -DEPLOYMENT NOTIFICATION FORM: 2 pages, Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification �` 3. POST -DEPLOYMENT PLACEMENT REPORT/AS-BUILT DRAWING FORM` pages, Florida Artificial Reef Materials Placement Report and Post -Deploy Notification G V 4. SEA TURTLE - SAWFISH CONDITIONS: 1 page, Sea T ed`Smalltooth Sawfish Construction Conditions, revised March 23, 20 5. MANATEE CONDITIONS: 2 pages, Standar tee Conditions for In -Water Work - 2011 -4-. 01V G� V SP S� N„0,99oLZ N,,O,Z9oLZ N,A.84eLZ N,A44„ � r � N Tll ED w o m ca -' S U W ul E m 3 E i s Z Q a� o� a� o app UJ U N- m H�� e� L .y Em �1 �c:0:' „M ( '� X a7 a) al a7 CV al p N o 0 E .0 & E. E Z -IM_---- W R 0. 2 d �. 2' N UU m t y t o z m Cwz I- Q _ v ii m `o H g U CZ C9� r v Nmu p �� ��' ZIKC C W ol co27 v � i a� o I I W W d. E C Q 'vEL no no co Z W v cy) N Q V N O r 4-- O N .r O �- U o CO C - C Q a r C o Q °' Q^ C (6 m / GO H 00 a o ° a LL �m IF Z cc a cc N L i a O 'z �. v— Z + a 0' W Z ar O , cm N.094.LL . N. Moa :. N„0.84,LZ N.QM 1 a t •r l -84.36601684, � 8318327 2E -80.3507437 27.8397016 2N 80.3524122 27.8430454 25 80.3545094 27.838228 2W -80.3561779 27.8415718 3E -80.3501437 27.8326501 3N -80.351812 27.8359939 3S -80.3539091 27.8311766 3W 1 -80.35557751 27.8345203 4E 1 -80.35457051 27.827974 4N 1 -90.35623891 27.8313177 45 1 -80.35833561 27.8265003 4W -80.3600041 27.829844 5E -80.3445506 27.8282051 5N -80.3462187 27.831549 5S -80.3483159 27.8267317 5W -80.3499841 27.8300755 6E -80.3492212 27.8219926 6N -80.3508893 27.8253364 6S -80.3529862 27.8205191 6W -80.35465451 27.8238628 7E -80.342081 27.8224041 7N -80.3437489 27.825748 7S -80.3458461 27.8209308 7W -80.3475141 27.8242746 8E -80.3464384 27.8161902 8N -80.3481064 27.819534 8S -80.3502033 27.8147167 8W -80.35187131 27.8180605 9E -80.3390457 27.81699 9N -80.3407135 27.8203339 95 -80.3428107 27.8155168 9W -80.3444786 27.8188606 10E -80.3453462 27.8103957 ION -80.347014 27.8137396 10S -80.3491109 27.8089223 10W -80.3507788 27.8122661 11E -80.3369297 27.8110591 11N -80.3385973 27.8144031 115 -80.3406946 27.8095859 11W -80.3423622 27.8129298 12E -80.3406189 27.8053076 12N -80.3422865 27.8086515 12S -80.3443835 27.8038343 12W -80.3460512 27.8071782 P.� ORCHID ISLAND ARTIFICIAL REEF COMPLEX -80.35928238, / 27.8„41696 �a a -8D.35147459, 27.84478552 LEGEND / • / CZMA Boundary Ueployment /-ones (-40 acres each) Permit Zone (-2.3 sq nmi) 150' Permit Buffer Bathymetric Survey DEPTH (ft) MLLW 51.7-49.9 52.6-51.8 53.4-52.7 54.2-53.5 55.9-54.3 Sources: Bathymetno Survey (Commission # 5315.24) prepared by Morgan & Eklund, Inc. Ir Indian River County, 2014. Site Plan data created by IRC Coastal Engineering & IRCGIS. fl 4 r, - a b n o `QIP �Y� • �p � G i YV"l� Lin 0 P o a 4 11 ATLANTIC OCEAN r NW -80.3660168 27.831832 Centrals -80.3562724 27.83576726 Central N -80.3592824 27.84169676 NE -80.3514746 27.84478552 SW -80.3322643 27.80639993 SE -80.3498105 27.79945808 -80.34981046, 27.79945808 s1•<��.• r SAJ-2016-02916(SP-AWP) January 8, 2018 Attachment 1: Drawing 2 6f 2 u Detail Site Plan (Revised) ►, Orchid Island Artificial Reef Complex & Deployment Zones. 0.5 -1 nmi FLORIDA ARTIFICIAL REEF MATERIALS CARGO MANIFEST AND PRE -DEPLOYMENT NOTIFICATION (Issued pursuant to Ch. 370.25(6)(b), Florida Statutes) I, Name of individual managing reef deployment (print) Signature Date whose address is �) Street City State Zip Code Phone declare that I am staging and transporting the following artificial reef construction materials allowable pursuant to the U.S. Army Corps of Engineers Artificial Reef Permit referenced below and agree to comply with all permit conditions in the permit listed below and attached to this manifest. I understand this artificial reef site is open to public access and this authorization does not provide any rights or exclusive private use over those rights or uses to the general public. The address of the land based reef materials staging area is: Transporting Vessel Registration Number: ! Vessel Owner: Vessel Operator: The following items are to be deployed as reef material (attach additional sheets when mor�h�n f ocations): A copy of the below referenced permit(s) and all associated conditions is attached to this manifest and shall be carried on board the vessel during loading, storing, or transporting artificial reef material. --029 6 (SP.. WP) -A RA ART1FfC/AL REEF IN January 8, 2018 Attachment 2 . .. Descriptions of material rdinates UMALTAG D NUM IDNUMBER(S), if applicable (number of pieces, type, dimension, weight) de a inutes, decimal minutes (DD°MM.mmm') Lat: o — — — �o VINO Lon-.----' NV Lon: o Lat: O- G _ Lon: ---' Lat: o �` Lon: o ---' A copy of the below referenced permit(s) and all associated conditions is attached to this manifest and shall be carried on board the vessel during loading, storing, or transporting artificial reef material. --029 6 (SP.. WP) -A RA ART1FfC/AL REEF IN January 8, 2018 Attachment 2 . .. EXPLANATION SHEET FOR THE ARTIFICIAL REEF MATERIALS CARGO MANIFEST FORM The attached artificial reef cargo manifest has been developed in compliance with subsection 370.25 (6)(b), Florida Statutes, which states that: "It is unlawful for any person to: store, possess or transport on or across state waters any materials reasonably suited for artificial reef construction and stored in such a manner providing ready access for use and placement as an artificial reef, unless a valid cargo manifest issued by the commission or a commission -certified inspector is onboard the transporting vessel. The manifest will serve as authorization to use a valid permitted site or land-based staging area, which will validate that the type of artificial reef construction material being transported is permissible for use at the permitted site, and will describe and quantify the artificial reef material being transported. The manifest will also include the latitude and longitude coordinates of the proposed deployment location, the valid permit number, and the copy off the permit conditions for the permitted site. The manifest must be available for inspection by any authorized • enforcement officer or commission employee." This requirement for a cargo manifest became part of the statutory revisioncial reef program statute Section 370.25 Florida Statutes (F.S.), modified during the Te of Florida Legislature. The statutory language allows a "commission certified inspector" c I and approve the artificial reef materials cargo manifest. Therefore, we are providing the a c go manifest form to all local coastal government artificial reef coordinators and eligible non -prof rations who may physically construct artificial reefs with the approval of the permit holders. O� INSTRUCTIONS A separate cargo manifest formpleted for each load to be transported offshore (i.e., one manifest per voyage). The m;6ol listall, and only, the reef materials onboard. The top of the form i IRed out by the reef builder with his/her contact information and the information about th wed reef materials to be deployed written into the boxes. If several materials are identi'ave different tag numbers, please write "SAME" in the box for the other materials. Alsu ME" under additional coordinates if all materials are going to the same; deployment x5shaded portion of the form at the bottom is to be filled out by the materials inspector. �argo manifest must be completed by an entity representing the holder of the applicable �ai'tificial reef permit to assure that all materials meet the requirements of the permit. Completion of the artificial reef materials cargo manifest is required for all construction activities. The requirement to complete this document is not intended to be an undue burden on entities wishing to legally construct artificial reefs within permitted sites, but is a tool to assist law enforcement personnel in preventing the illegal construction of artificial reefs without the knowledge of the permit holder or in areas outside of legally permitted sites. It is intended to allow law enforcement staff to determine whether or not a load of materials is legal under the permit conditions. Without a properly completed Cargo Manifest Form on board, reef builders will be returned to port pursuant to Chapter 370.25 (6) (b). It is not necessary to send a copy of the Cargo Manifest Form to the FWC artificial reef section in Tallahassee. Documentation of the reef building activity should be maintained by the entity issuing the manifest in the event of any FWC inquiries. Reminder: the placement of all public artificial reefs in state or adjacent federal waters requires the submittal of a Materials Placement Report to the FWC artificial reef program within 30 days of public reef deployment in accordance with s. 370.25 F.S. 177 i 'FLORIDA ARTIFICIAL REEF MATERIALS t .... PLACEMENT REPORT AND POST-DEPLOYMENT NOTIFICATION To Be Completed For Each Deployment Location or Date of Deployment County or Municipality: Date of Placement: Grant No. FWC - U.S. Army Corps (if applicable) Permit No.: Total project cost: $ Funding Source(s) and Amount(s): FWC $ Local $ Other $ Name of Permitted Location Name ` Reef Site: for This Deployment: Latitude: ° North Longitude: ° ' West (degrees, minutes, decimal minutes (DD'MM.mmm') (degrees, minutes, deci to °MM.mmm') GPS Brand and Model Number: V Geographical Location: at degrees from V (nautical miles) (bearing) (� reference inlet) Water Depth: feet - Maximum Material Height: `Felt = Minimum Vertical Clearance: feet TYPE AND AMOUNT OF MATERIAL D DAT THE LOCATION DESCRIBED ABOVE: (ATTACH A PHOTOGRAPH OF THE MATERIAE kARGE IMMEDIATELY PRIOR TO DEPLOYMENT)❑ rYYr - Prima Type of Material: _ br Number of Pieces: Dimensions: Secondary Type of Dimensions: TOTAL MNWE FOR THIS DEPLOYMENT: Number of Pieces: I DO HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Observer's Name: (PLEASE PRINT) Observer's Signature: Observer's Remarks: Title: Date: (PLEASE PRINT) U-2016-0291II Inuary. 8, 2018 tachroeirt 3 1 DO HEREBY CERTIFY THAT THE ABOVE INFORMATION COMPLIES WITH THE ABOVE REFERENCED PERMIT CONDITIONS Permittee's Staff Name: Title: (PLEASE PRINT) Permittee's Staff Signature: Rev. 4/23/2007 Date: (PLEASE PRINT) ere y on FWC initials date 178 Second page to contain instructions.... FOR GRANT -FUNDED REEFS, the following data will be recorded at the staging area prior to and after the deployment. This formula represents an average, single rake barge and may not represent the exact tonnage of materials placed. 179 T 1i '` UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the `O Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth s not become entangled, be properly secured, and be regularly monitored&ad'ted species entrapment. Barriers may not block sea turtle or smalltooth sawfiso exit from designated critical habitat without prior agreement from the Fisheries Service's Protected Resources Division, St. Petersburg, Florida�k9operate d. All vessels associated with the construction p oject at "no wake/idle" speeds at all timeswhile in the w e earea and wirl water depths where the draft of the vessel provides less than a four -foot i ;;rV a bottom. All vessels will preferentially follow deep -water routes (e.g., marked whenever possible. e. If a sea turtle or s i sawfish is seen within 100 yards of the active daily construction/ eration or vessel movement, all appropriate precautions shall be impleme sure its protection. These precautions shall include cessation of operation of oi uipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any cal construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is hin a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc SAJ-2016-02916(SP-AWP) January 8, 2018 Attachment 4 180 STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever O possible. ` C. Siltation or turbidity barriers shall be made of material in which manatees cannot entangled, shall be properly secured, and shall be regularly monitored to av e entanglement or entrapment. Barriers must not impede manatee move nt. d. All on-site project personnel are responsible for observing wa rl activities for the presence P J P P 9 � of manatee(s). All in -water operations, including vessels u t b shutdown if a manatee(s) comes within 50 feet of the operation. Activities will s me until the manatee(s) has moved beyond the 50 -foot radius of the project operati n, or 130 minutes elapses if the manatee(s) has not reappeared within 50 feet of the o rqn.. Animals must not be herded away or harassed into leaving. e. Any collision with or injury nalte shall be reported immediately to the Florida Fish and Wildlife Conservations (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be re t e U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida ach (1-772-562-3909) for south Florida, and to FWC at f. l��orbry signs concerning manatees shall be posted prior to and during all in -water project `�a ivities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. SAJ-2016-02916(SP-AWP) January:%, 2018 Attachment 5' 181 DEPARTMENT OF THE ARMY PERMIT Permittee: INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH, FL 32960 Permit No: SAJ-2004-04393 (SP-JDP) Modification - #3 Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee d or any future transferee. The term this office refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction e i permitted activity or the appropriate official of that office acting under the �f the commanding officer. G V You are authorized to perform work in accordance with thei1d conditions specified below. O.0< Project Description: This permit modificn ai rizes the continued use of the Indian River County artificial reef sites=eRied*as Site 2, Site 3, and Site 4 for deployment of authorized materi=it reef sites for an additional ten (10) years. Material authorized for use b i are prefabricated artificial modules, concrete and steel culvWd r ferro cement vessels (without engines), concrete blocks, slabs, ne boulder size rocks, concrete bridge material and construction g alloys and ferrous metals such as bridges. All materials shall be asphalt, creosote, petroleum, other hydrocarbons, toxic residuefree floating material, and/or other deleterious substances. Divers will e 1n the ocean floor prior to each deployment to ensure that there is no live bottom. T reef sites consist of the following areas: Site 2 - 745.7 acres; Site 3 - 745.9 acres; Site 4 - 746.4 acres. The permittee will maintain a minimum clearance of 40 feet from the top of each reef profile relative to MLLW. Materials will be placed in unused reef site quadrates (NW, NE, SW; SE and Center) as reflected in the attached exhibits. The work described above is to be completed in accordance with the 4 pages of drawings and 4 attachments affixed at the end of this permit instrument. Project Location: The project would affect waters of the United States (WOTUS) associated with the Indian River County artificial reef sites identified as Site 2, Site 3, and Site 4, located within the Atlantic Ocean. The three (3) reef sites are located in the Atlantic Ocean, 11 to 13 miles offshore of Sebastian Inlet, east of Indian River County, Florida. The three (3) reef sites are located on a flat sand plain in water depths that range from 68 to 74 feet deep. 183 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 2of13 Directions to site: From Jacksonville, take 1-95 South; exit onto US 192 head east; turn south onto A•I-A, proceed to Sebastian Inlet; proceed by vessel 11 to 13 miles east of Sebastian Inlet in the Atlantic Ocean, seaward of Indian River County, Florida. Approximate Central Coordinates: Site 2 Latitude Longitude NW Corner NW Corner 27° 56.018'N 27.933633 00 16.007' W -80.266783 NE Corner 27° 56.018'N 27.933633 0° 15.009' W -80.250150 SW Corner 270 55.020'N 27.917000 0° 16.007' W -80.266783 SE Corner 27° 55.020'N 27.917000 0° 15.009'W( -80.250P15 0 Site 3 Latitude Lon itude NW Corner 27° 54.807' N 27.913450 0° 13.772'W - 33 NE Corner 27° 54.807'N 27.913450 0° 12.774' 12900 SW Corner 27° 53.809'N 27.896816 00 1 -80.229533 SE Corner 27° 53.809'N 27.896816 0° ' W -80.212900 Site 4 Latitude "Longitude NW Corner 270 55.612'N ;.9(046 0° 12.796'W -80.213266 NE Corner 270 55.612' 92 866 00 11.797'W -80.196616 SW Corner 127054 7.910233 0° 12.796'W -80.213266 SE Corner 2 27.910233 0° 11.797'W -80.196616 Permit 'tions eral Conditions: 1. The time limit for completing the work authorized ends on November 10, 2031. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 184 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of and the mailing address of the new owner in the space provided and forward a copy O the permit to this office to validate the transfer of this authorization. V 5. If a conditioned water quality certification has been issued for yournrd jf�u must comply with the conditions specified in the certification as special i ns to this permit. For your convenience, a copy of the certification is attait ontains such conditions. 1�6'?' 6. You must allow representatives from this o ��s ect the authorized activity at any time deemed necessary to ensure that i is b3 . or has been accomplished in accordance with the terms and conditiQgs�roL1r permit. � Special Conditions: O\ 1. Reporting eary, The Permittee shall reference this permit number, SAJ- 2004-04393 ( -ication #3, on all correspondence. Unless specifically notified t� ermittee shall use the following addresses for transmitting co`r�p�e ce to the referenced agencies: �a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. b. National Oceanic and Atmospheric Administration Marine Chart Division Office of Coast Survey, N/CS26, Sta. 7317 1315 East-West Highway Silver Springs, MD 20910-3282 or email (preferred) at ocs.ndb@noaa.gov 185 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 4 of 13 c. Commander, U.S. Coast Guard (USCG) Sector Miami 100 McArthur Causeway Miami Beach, Florida 32139 d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 620 S. Meridian Street, Box 4132 Tallahassee, Florida 32399 O or email at artificialreefdeployments@MyFWC.com 2. Initial Agency Notification: The Permittee shall provide to the y Corps of Engineers (Corps), National Oceanic and Atmospheric Admi OAA), and U.S. Coast Guard (USCG) written notification of the planne I ent start date at least 2 weeks prior to the initial deployment on thea d�ze artificial reef site. 3. Permit Availability: The Permittee shII pr&fie all contractors associated with construction of the authorized activitie CtVdf the permit, drawings, and attachments. A copy of the permiC410onvailable on the work vessels and at the construction site at all times. 4. Authorized pals: No reef materials or module will weigh less than 500 pounds. Reef s shall be clean and free from asphalt, petroleum, other hydrocar I oxic residues, loose free-floating material or other deleterious substa11 artificial reef materials and/or structures will be selected, designed, �Q cuc►ted, and deployed to create stable and durable marine habitat. The Permittee h�alideploy only the following authorized reef materials: a. Prefabricated artificial reef modules composed of ferrous and/or aluminum -alloy metals, '/4 inch or more in thickness, concrete, rock, or a combination of these materials. b. Natural rock boulders and other pre -cast concrete material such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material. c. Clean steel and concrete bridge or large building demolition materials such as slabs or pilings with all steel reinforcement rods severed as close to the concrete surface as possible but not to extend more than 6 inches to ensure the rod will not create a fishing tackle or diver ensnaring hazard. 186 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 5 of 13 d. Heavy gauge ferrous & aluminum alloy metal material components or structures, '/4 inch or more in thickness, such as utility poles and antenna towers. e. Heavy gauge ferrous and aluminum alloy metal hulled vessels which equal or exceed 60 feet hull length prepared and deployed in accordance with all applicable U.S. Coast Guard, U.S. Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, or other applicable state or federal agency regulations or policies. The vessel shall not be deployed until all `O necessary inspections and clearances have been obtained or waived and a stability analysis has been completed demonstrating the vessel will be t� during a 50 -year storm event based on vessel and deployment site�J characteristics. The Permittee shall follow the national guidanc ng preparation of vessels for deployment as artificial reefs re vailable at http://www.epa.gov/owow/oceans/habitat/artificialree . tml. The Permittee shall provide a record of all inspections, cleara�eor aivers to the Corps along with the pre -deployment notification. _` 5. Reef Parameters: The Permitte FhAd@0loy all reef materials within the site boundaries as defined in Attach inimum clearance of 40 feet from the top of the deployed material relativO a llow water (MLLW) shall be maintained. 6. Emergen;ip meters Notification: In the event reef material is deployed in a location oontrary to the Reef Parameters Special Condition, the Permitte Iely notify the USCG Station and provide information as reques I�hestation The Permittee shall notify NOAA, USCG and Corps in writing NO 2ours of the occurrence. The written notification shall include but is not limited `timeline of events leading to the unanticipated deployment, a description of the material, a description of the vessel traffic in the area, the deployment location in nautical miles at compass bearing from obvious landmarks, the location of the unauthorized material in latitude and longitude coordinates (degree, minute, decimal minute format to the third decimal place), and the water depth above the material from MLW. The document will list the information provided by telephone to the USCG as noted above and include the time of the call and the name of the USCG personnel receiving the information. 7. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished by diver, submersible video camera, fathometer, depth/bottom sounder (e.g., "fish finder"), or side -scan sonar. The inspection of the deployment area may occur at the time of deployment, but no more than 1 year prior to deployment. The Permittee shall maintain 187 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 6 of 13 a deployment buffer of at least 200 feet from any submerged beds of seagrasses, coral reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom -dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 200 feet from any of these resources. O The Permittee shall provide of the information obtained from the assessment to th Corps no less than 14 days prior to deployment of material on an artificial reef conjunction with the pre -deployment notification. 000 8. Pre -Deployment Notification: No less than 14 days prio Rn nt of material on an artificial reef, the Permittee shall transmit b r rfic mail ("email") a complete and signed "Florida Artificial Reef Materials o anifest and Pre - Deployment Notification" form (Attachment 2), t t L r s and Florida Fish and Wildlife Conservation Commission (FWC) to allo�Pection of the proposed reef materials as deemed necessary by the g7iol. Inspection is allowable at the staging area. By signing the Pre-Deployation, the Permittee certifies all materials are free from asphalt, petrol t Y hydrocarbons and toxic residues. The Permittee shall not deploy material tied by the Corps or FWC that the material is questionable. The r eeds to be evaluated before it is released for deployment. Any material acceptable for reef material will be disposed in an approved upland dies . MIe..yrhent of the material shall not occur until after the end of the 14 -day inspection The Permittee shall ensure both a copy of this permit and the signed "Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification" form are maintained aboard the deployment vessel at all times during loading, transit, and deployment. 9. Post -Deployment Placement Report/As-Built Drawing: Within 30 days after deployment of materials, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed "Florida Artificial Reef Materials Placement Report and Post -Deployment Notification" form (Attachment 3). Please note, the Corps requires the latitude and longitude to be accurate within 5 meters horizontal distance on the post - deployment report. The report shall include an as -built drawing containing the approximate deployment configurations and the height of the material after placement. Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to within 1 meter. Also, include information on the condition of the material at the time of 188 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 7 of 13 deployment. The report and drawing shall be limited to a few pages per deployment. Representative photographs and/or video, if available, should be submitted. 10.Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies and acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the financial ability to assume liability for all damages that may arise with respect to the artificial reef. 11. Manatee Construction Conservation Measures: `O a. The Standard Manatee Construction Conditions for In -water Work(201 be followed for all in -water activity (Attachment 4). b. Boats, Tugs, and Accessory Vessels: In any instance w rare two or more vessels operating in the same location or acceeels (tugs, barges, boats, etc.) mooring adjacent to one another t ss&ls shall be outfitted with mooring fenders that provide a minimum f of stand-off distance under maximum compression between the o WIs. 12. Jacksonville District Pro Biological Opinion (JAXBO): Structures and activities authorized and th mit will be constructed and operated in accordance with all appl, VDCs contained in the JAXBO, based on the permitted activity. Failure to N applicable PDCs will constitute noncompliance with this permit. In add u e to comply with the applicable PDCs, where a take of listed species or; uld constitute an unauthorized take. The NMFS is the appropriate authori termine compliance with the Endangered Species Act. The most current vI n f JAXBO can be accessed at the Jacksonville District Regulatory Division ��site in the Endangered Species section of the Sourcebook located at: ttp://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx JAXBO may be subject to revision at any time. The most recent version of these JAXBO must be utilized during the design and construction of the permitted work. 13. Right Whale Protection: Artificial reef material shall not be transported or deployed between November 15 and April 15 for the conservation of the endangered Northern Right Whale within the boundaries of the National Marine Fisheries Service designated Northern Right Whale Southeastern United States critical habitat area. 14. Florida Department of State, Division of Historical Resources: If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be 189 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 8 of 13 associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850) 245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. O Further Information: V 1. Congressional Authorities: You have been authorized to undertake y described above pursuant to: G V (X) Section 10 of the Rivers and Harbors Act of 1899 (3310.?03) () Section 404 of the Clean Water Act (33 U. ()�44 () Section 103 of the Marine Protec i n�l�e9darch and Sanctuaries Act of 1972 (33 U.S.C. 1413) O ()Section 14 of the R'd Harbors Act of 1899 (33 U.S.C. 408) `� 2. Limits of�hl rization. a...s ermit does not obviate the need to obtain other Federal, State, or local a\1 i tions required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 190 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 9 of 13 b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or `O revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that igg this permit is not contrary to the public interest was made in reliance on th ation you provided. v OI 5. Reevaluation of Permit Decision: This office m evaluate its decision on this permit at any time the circumstances warrant. C' c s�ces that could require a reevaluation include, but are not limited to, te folWng: a. You fail to comply with th bd d conditions of this permit. b. The information I -d by you in support of your permit application proves to have been false, in;W, or inaccurate (see 4 above). c. S �fiaWnew information surfaces which this office did not consider in re�accjhin riginal public interest decision. ch a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest 191 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 10 of 13 decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 192 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 11 of 13 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) Richard B. Szpyrka (PERMITTEE NAME -PRINTED) This permit becomes effective when the Secretary of the Army, has signed below FOR JAMES L. BOOTH Colonel, EN Commanding V SP S� (DATE) `O V� �G G� V Federal official t to act for the O �V Date: O 193 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 12 of 13 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE -SIGNATURE) (NAME -PRINTED) (ADDRESS) O (CITY, S N \E) PQ ZIP CODE) (DATE) FOR 194 PERMIT NUMBER: SAJ-2004-04393 (SP-JDP) MODIFICATION - #3 PERMITTEE: INDIAN RIVER COUNTY PAGE 13 of 13 Attachments to Department of the Army Permit Number SAJ-2004-04393(SP-JDP) 1. PERMIT DRAWINGS: 4 pages 2. PRE -DEPLOYMENT NOTIFICATION: 2 pages, Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification form �O 3. POST-DEPOLYMENT PLACEMENT REPORT: Post -Deployment Placement Report/As-Built Drawing: 1 page, Florida Artifi P P y G Materials Placement Report and Post -Deployment ment Notification form V 4. MANATEE CONDITIONS: 2 pages, Standard Manatee�7c11w r► for In -Water Work — 2011 \.J .�\_O` \,:-) NO` 195 ATTACHMENT 1 PERMIT DRAWINGS: 4 pages 196 � �= Rikt, 2 Figure 4- ReoSim 0 201 A Prbelow referenced permit(s) and all associated conditions is !' d"06"00e vessel during loading, storing, t ;; nsp Permit Holder: (TO BE COMPLETED BY PERMIT HOLDER. OR AUTHORIZED ARTIFICIAL REEF INSPECTOR) ACOE permit number issued on Name of U.S. Department of the Army, Corps of Engineers (ACOE) Permit Holder , permitted site name Local tracking number (if applicable): and has an expiration date of (Name of FWC authorized Artificial Reef Inspector, printed) (Signatt, Aft 202 REEF MATERIALS CARGO MANIFEST FORM The attached artificial reef cargo manifest has been developed in compliance with subsection 379.249(6)(b), Florida Statutes, which states that: "It is unlawful for any person to: store, possess or transport on or across state waters any materials reasonably suited for artificial reef construction and stored in such a manner providing ready access for use and placement as an artificial reef, unless a valid cargo manifest issued by the commission or a commission -certified inspector is onboard the transporting vessel. The manifest will serve as authorization to use a valid permitted site or land-based staging area, which will validate that the type of artificial reef construction material being transported is permissible for use at the permitted site, and will describe and quantify the artificial reef material being transported. The manifest will also include the latitude and longitude coordinates of the proposed deployment location, the valid permit number, and the copy off the permit conditions for the permitted site. The manifest must be available for inspection by any authorized law enforcement officer or commission employee." This requirement for a cargo manifest became part of the statutory revision of the artificial reef program statute Section 379.249 Florida Statutes (F.S.), modified during the 2000 State of Florida Legislature. The statutory language allows a "commission certified inspector" to complete and approve the artificial reef materials cargo manifest. Therefore, we are providing the attached cargo manifest form to all local coastal government artificial reef coordinators and eligible non-profit corporations who may physically construct artificial reefs with the approval of the permit holders. INSTRUCTIONS A separate cargo manifest form is to be completed for each load to be transported offshore (i.e., one manifest per voyage). The manifest is to list all, and only, the reef materials onboard. The top of the form is to be filled out by the reef builder with his/her contact information and the information about the proposed reef materials to be deployed written into the boxes. If several materials are identical but have different tag numbers, please write "SAME" in the box for the other materials. Also put "SAME" under additional coordinates if all materials are going to the same deployment site. The shaded portion of the form at the bottom is to be filled out by the materials inspector. The cargo manifest must be completed by an entity representing the holder of the applicable artificial reef permit to assure that all materials meet the requirements of the permit. Completion of the artificial reef materials carpo manifest is required for all construction activities. The requirement to complete this document is not intended to be an undue burden on entities wishing to legally construct artificial reefs within permitted sites, but is a tool to assist law enforcement personnel in preventing the illegal construction of artificial reefs without the knowledge of the permit holder or in areas outside of legally permitted sites. It is intended to allow law enforcement staff to determine whether or not a load of materials is legal under the permit conditions. Without a properly completed Cargo Manifest Form on board, reef builders will be returned to port pursuant to Chapter 379.249 (6) (b). It is not necessary to send a copy of the Cargo Manifest Form to the FWC artificial reef section in Tallahassee. Documentation of the reef building activity should be maintained by the entity issuing the manifest in the event of any FWC inquiries. Reminder: the placement of all public artificial reefs in state or adjacent federal waters requires the submittal of a Materials Placement Report to the FWC artificial reef program within 30 days of public reef deployment in accordance with s. 379.249 F.S. 203 204 k s. FLV C Eft'1` ; v 1 . .. U.S. plicable) P Na.•, " I project cost: $ (Funding SourA(T)TACHM�013s___.__,,,_„^„tows_ ovwo ,,j q POST -DEPOLYMENT PLACFLPORT: } . Post -Deployment Placement Report/As-Built Drawingal page, Florida latitude: No , A �c�a7 d uals Placement Rep o t- y GPS Mod ell%ilikOtlDl1:.0ilY1 r, at degrees from nautical miles) ' :..,..._;...,,,..: W (minus) Max. Material H I ebl,". (equals) dual Verfi DESCRIBED ABOVE: ' ;+' 7Nr rA' PRIOR TO DEP OYM of Material: p l v dI $econIlly Number of Pieces:, A* Mage calculated?(Check all that apply, attach additional sheets if necessary): ❑ Before & after barge draft ❑ Known weight of individu8 �A POR DEPLOYMENT: ❑ Trucking re i EBY CERTI INFORM/l GEST OF MY � .: bserver's Name: Title: (PLEASE PRINT) (PLEASE PRINT) _ 1 11, bserver's Signature: Date: bserver's Remarks: DO HEREBY CERTIFY THAT THE ABOVE INFORMATION COMPLIES WITH THE ABOVE REFERENCED PERMIT CONDITIONS ermittee's Staff Name: Title: :PLEASE PRINTS ,., xP4Et�R PRl - ' ermittee's Staff Si .Datem oval Tracking numw_..;; e TMWhg numt9erq�..w� { .4/2312007 ., _::..:. .: 05 F � , \40 OION� STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all constructio �r are civil and criminal penalties for harming, harassing, or killing manat� t under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. MANATEE CONDITIONS: 2 aes, Standard Manatee Conditions for In - b. All vessels associated with the construction project shall o erate at "Idle Speed/No Wake" at all times while in the immediate area 6YLgf ilfeW ervu347J le draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies(a)-mvFWC.com Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. 207 w 0 N LOCAL FUNDING AGREEMENT THIS IS AN AGREEMENT, entered into this day of May 20, 2025, by and between: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, a subdivision of the State of Florida and a declared Constitutional County, with its mailing address at 1801 27th Street, Vero Beach, FL. 32960-3388, hereinafter "COUNTY" and COASTAL CONSERVATION ASSOCIATION, INC., a Florida not for profit corporation, with its principal address at 4061 Forrestal Avenue, St. 8, Orlando, FL 32806, hereinafter, "CCA". RECITALS; WHEREAS, CCA desires to contribute to County's artificial reef program the sum of One Hundred Ten Thousand Dollars( $110,000.00), such payment to be made to COUNTY by July 11, 2025, to offset the $219,000 stated cost to fund an artificial reef deployment outlined in the State of Florida Department of Transportation Locally Funded Agreement FM Number 445618-1-52-01 which is incorporated hereto as Exhibit A, and consisting of the following: • Approximately 3,500 tons of concrete and steel from the demolition of the Sebastian Inlet bridge and, • To be deployed in up to 5 locations on the nearby permitted Orchid Island Artificial Reef Complex (see Exhibit A), Therefore the County and CCA agree: The County and CCA that in exchange for CCA's contribution and the mutual promises made herein, the County agrees to grant to CCA naming rights to 50% of the deployment sites within the Orchid Island Artificial Reef Complex (anticipated deployment of up to 5 locations, in which case CCA would have naming rights of 3 of the 5). The Sebastian Inlet Bridge artificial reef project's deployment of the artificial reef material shall be referred to as the "Project". The Florida Department of Transportation ("FDOT") or others, shall have complete authority to design, construct, deploy and manage the Project as well as its means and methods. FDOT in its sole discretion may contract to others the Project's construction, deployment or completion . The County and CCA agree that CCA will have no further or additional responsibility or obligation to the County or the Project. In the event the project is not completed by the Florida Department of Transportation ("FDOT"), and/or is otherwise dissolved, abandoned or removed from the FDOT's 5 -Year Work Program prior to the opening of construction irrespective of 210 initial costs expended on the project prior to completion, abandonment, or removal from FDOT's 5 -Year Work Program, CCA shall be entitled to a full return to CCA of all contributions made under this agreement. The County and CCA agree that they will cooperate in the Project's publicity, including the viewing and observation for publicity purposes of the deployment and any ceremonies related to the completion and availability for public uses. The County and CCA agree that any disputes or disagreements between the parties shall be initially submitted to nonbinding arbitration located in Indian River County and that any litigation shall be subject to the laws of the State of Florida with venue being a court of competent jurisdiction in Indian River County. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first written above. Attested: By: Ryan Butler, Clerk of Courts BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") By: Joseph Flescher, Chair Approved by BCC: , 2025. Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 212 WITNESSES: COASTAL CONSERVATION ASSOCIATION, INC., a Florida not for profit corporation. M Signature: Print Name: Brian K. Gorski, Executive Director Signature: Print Name: (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF-: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of, 2025, by Brian K. Gorski, as Executive Director of COASTAL CONSERVATION ASSOCIATION, INC., a Florida not for profit corporation. (Signature of Notary Public- State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally known OR Produced Identification Type of Identification Produced 4 213 Exhibit A (Orchid Island Artificial Reef Complex Map) 214 Lr) N.0,99.LZ N.O,Z9,LZ N..0.94.LZ NA". r N CD a m w N m y E m I _ _•--' i•^—_—i O O d p N , n Cj o U a K `o « o ma I i 0 u-' .m U r -0 m N - d s (V E� a D -0 ti m� y32X��d r� m C, m E =� r-�z�'; C n Q tI `m 9 _-- t.e. IS I _ j c0 N Q C m o Z a U m m Z ,N d Q p L_ 7 m �i •k y o o V W m W Z ❑ O .N.., O Q' C0 U o i�ycTjeUOU� C U (! I ! Z` � m o N m W t0 I I Q ILO v 3 I j 3 0 ro 3 y c M0 saw o o � m m O c� 'n co - O v U v m o _ co Z o ZcL Uj iJ- O Q y - M N In O to O 31, :i lo _ GD {� "^ m oa co 1r �, P � n 11 Q X c7 :✓ ` < a ci� Lu O L' «•` Q > o h Sy r m u t y s . OC Cl UA r Z I Ir o > OV I m H � i. .0 i s N.0,99.LZ - NLQMa . - N.0.84.LZ N.O,htr,LZ LOCAL FUNDING AGREEMENT THIS IS AN AGREEMENT, entered into this day of May 20, 2025, by and between: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, a subdivision of the State of Florida and a declared Constitutional County, with its mailing address at 1801 27th Street, Vero Beach, FL. 32960-3388, hereinafter "COUNTY" and COASTAL CONSERVATION ASSOCIATION, INC., a Florida not for profit corporation, with its principal address at 4061 Forrestal Avenue, St. 8, Orlando, FL 32806, hereinafter, "CCA". RECITALS; WHEREAS, CCA desires to contribute to County's artificial reef program the sum of One Hundred Ten Thousand Dollars ( $110,000.00), such payment to be made to COUNTY by July 11, 2025, to offset the $219,000 stated cost to fund an artificial reef deployment outlined in the State of Florida Department of Transportation Locally Funded Agreement FM Number 445618-1-52-01 which is incorporated hereto as Exhibit A, and consisting of the following: • Approximately 3,500 tons of concrete and steel from the demolition of the Sebastian Inlet bridge and, • To be deployed in up to 5 locations on the nearby permitted Orchid Island Artificial Reef Complex (see Exhibit A), Therefore the County and CCA agree: The County and CCA that in exchange for CCA's contribution and the mutual promises made herein, the County agrees to grant to CCA naming rights to 50% of the deployment sites within the Orchid Island Artificial Reef Complex (anticipated deployment of up to 5 locations, in which case CCA would have naming rights of 3 of the 5). The Sebastian Inlet Bridge artificial reef project's deployment of the artificial reef material shall be referred to as the "Project". The Florida Department of Transportation ("FDOT") or other, shall have complete authority to design, construct, deploy (in accordance with Indian River County's artificial reef permit conditions) and manage the Project as well as its means and methods. FDOT in its sole discretion may contract to others the Project's construction, deployment or completion. The County and CCA agree that CCA will have no further or additional responsibility or obligation to the County or the Project. 216 In the event the project is not completed by the Florida Department of Transportation ("FDOT"), and/or is otherwise dissolved, abandoned or removed from the FDOT's 5 -Year Work Program prior to the opening of construction irrespective of initial costs expended on the project prior to completion, abandonment, or removal from FDOT's 5 -Year Work Program, CCA shall be entitled to a full return to CCA of all contributions made under this agreement. The County and CCA agree that they will cooperate in the Project's publicity, including the viewing and observation for publicity purposes of the deployment and any ceremonies related to the completion and availability for public uses. The County and CCA agree that any disputes or disagreements between the parties shall be initially submitted to nonbinding arbitration located in Indian River County and that any litigation shall be subject to the laws of the State of Florida with venue being a court of competent jurisdiction in Indian River County. 217 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") By: Joseph Flescher, Chair Approved by BCC: , 2025. Attested: Approved as to form and legal sufficiency: By: By: Ryan Butler, Clerk of Courts Jennifer W. Shuler, County Attorney [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 218 WITNESSES: COASTAL CONSERVATION ASSOCIATION, INC., a Florida not for profit corporation. LM Signature: Print Name: Brian K. Gorski, Executive Director Signature: Print Name: (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF-: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of, 2025, by Brian K. Gorski, as Executive Director of COASTAL CONSERVATION ASSOCIATION, INC., a Florida not for profit corporation. (Signature of Notary Public- State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally known OR Produced Identification Type of Identification Produced 4 219 Exhibit A (Orchid Island Artificial Reef Complex Map) 220 El Iz C (fl �7 lD N r+ O O Q � D CD j � D a O as CD o � a o a) c D D(D r* —h I O Co �Q;u ID CA) o ma CA) =s) a) n r� aicD :3:3 CD rt o -n N 0 o p _ .. .p O cn h c, CD Cr s ry+ N O fD TI v (J� T 90 N CT1 N O 3 Project Schedule ➢ Design Complete: June 2, 2025 ➢ Project Letting: October 2025 ➢ Anticipated Construction Start: Spring 2026 ➢ Estimated Construction End: Fall 2031 ➢ Constructed in 1964 ➢ Existing vertical clearance is 39 feet Bridge Length is 1,548 feet ➢ No pedestrian or bicycle facilities on the existing bridge ➢ Part of the Indian River Lagoon National Scenic:Byway 53 ALA ODER -5-INLET BRIDGE REPLACEMENT srqlq RRR YRCM SANG DOLLAR UNE !O SW Tx I ngsNgx IrvLt-T rwu. mane-vcT s<an�e raa-�� ROM im_u —A 5 Existing / Proposed Fishing Piers 2 26 'S Clearances Proposed horizontal clearance = 140 feet (same as existing) 22 Project Commitments `� ➢ Maintain traffic across the inlet at all times d ➢ Repaving of the south and north parking lots ➢ Drainage improvements for the parking lots ➢ Include flight diverters on the bridge over the water (similar to existing) ➢ Reefing — 3,500 tons for Artificial Reefs outside of Right Whale season* '.Nov ta—ApiN:�Q . Flight Diverters & Lagoon X20-1 13 �l 4r t ;.. , s yv[�� Y 14 r C OT 15 wiu.. aawia a: m a <awin ro. _. rya 4 • Add pavement to provide. paved shoulder which can be used for bicycle facilities • Mill and resurface SR-A1Ai • Existing 8' - 10' sidewalk to remain �a"U Website httDs://www.fdot.aov/r)roiects/sebastian-iniet-bridge/home-paqe SR AlA tivW Sebastian Inlet Bridge Replacement and Resurfacing, Restoration and Rehabilitation of SR AIA from Sand Dollar Lane to south of Sebastian Inlet Email Updates CONTACT INFORM 1*1 SIGN VP . as wn. x.mmrvaM uxw+ wao..ne '.a.aawutlr/ti�MP�� rs rwc x*r.Iaw'rv,Ia pak,m�mm.Le.ar..�aesa.ae. R�.'. 'w . 22C�'� Safety Message May is Motorcycle Safety Month NHTSA Click It or Ticket Memorial Day Weekend TARGETZEROFL.COM -101. 0 Indian River County, Florida * * MEMORANDUM �ORI�y' File ID: 25-0539 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director �l Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 FROM: Eric Charest, Assistant Director, Natural Resources Department DATE: April 28, 2025 SUBJECT: Release of Retainage for Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project (IRC -2318) BACKGROUND On September 24, 2024 the Board of County Commissioners awarded Bid No. 2025004 to Dickerson Infrastructure Inc., dba Dickerson Florida Inc. (Dickerson) in the amount of $6,676,566.80 for the Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project (Project) (IRC -2318). Due to erosional impacts from Hurricanes Ian and Nicole in late 2022, the Sector 4 coastline was evaluated and determined to need a dune renourishment project to restore the upland infrastructure protection provided by a healthy beach and dune system. The Project was designed to place approximately 135,000 cubic yards (cy) of beach compatible fill and install 147,788 native salt tolerant dune plants along the 2.9 miles of shoreline in Indian River County from Florida Department of Environmental Protection (FDEP) Coastal Range Monument R-55 to R-70 (approximately %2 mile south of the Turtle Trail Beach Access to approximately 1/� mile north of the Tracking Station Beach Park). Construction for the Project commenced on November 1, 2024 and ran through February 25, 2025, with the placement of 116,970.56 cy of beach compatible fill added to the dune, and 147,788 dune plants installed. Due to the diligence of the contractor (Dickerson), the Project was completed early, in compliance with permit conditions, and finished under the approved awarded dollar amount for the work. Change Order No. 1, executed on April 22, 2025, accounts for decreases in contracted amounts of sand delivered/placed on the dune due to changing conditions on the beach throughout the duration of construction. Placement surveys performed on the completed project area showed that 116,970.56 cy of the 135,000 cy approved for Bid No. 2025004 was needed to complete Sector 4 Hurricanes Ian and Nicole Dune Renourishment construction. Change Order No. 1 decreases the amount of sand by 18,029.44 cy (a reduction of $748,221.76) and also decreases the Force Account by $745,975.87, resulting in a total net decrease of $1,494,197.63, lowering the completed final project cost to $5,182,369.17. Construction of the Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project has since been deemed Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by Legis'ar m 221 complete by the County and contracted Engineer, Coastal Technology Corporation (Coastal Tech). The Certification of project completion, a requirement under the permits issued for the Project, is currently being drafted by Coastal Tech for submittal to the FDEP and the United States Army Corps of Engineers (USACE) providing verification that construction activities complied with all permit requirements. The warranty period for dune plants installed within the past 90 days remains in effect and those plants will continue to be monitored for survival and growth requirements until the end of the 90 -day warranty period. Dickerson Florida, Inc., has been paid $4,923,250.71 to date, with $259,118.46 held in retainage. Dickerson Florida, Inc., has submitted Contractor's Application for Payment No. 2318-6 for release of retainage in the amount of $259,118.46. ANALYSIS N/A BUDGETARY IMPACT Funding, in the amount of $57,006.07, will come from the Coastal Engineering Fund/Retainage-Dickerson Infrastructure/Hurricane Ian account, number 128-206000-22601, along with $202,112.39 from the Coastal Engineering Fund/Retainage-Dickerson Infrastructure/Hurricane Nicole account, number 128-206000-23007, for a total amount of $259,118.46. Account Name Account Number Amount Beach Restoration/Retainage-Dickerson Florida, Inc. 128-206000-22601 $ 57,006.07 Beach Restoration/Retainage-Dickerson Florida, Inc. 128-206000-23007 $202,112.39 Total Retainage to Release $259,118.46 Funding for the Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project is provided by a portion of Local Option Tourist Tax, Division of Emergency Management Legislative Approved Funding Agreement D1495, and reimbursement funding through the Local Government Funding Request Grant (LGFR) 23182 and FDEP Hurricanes Restoration Reimbursement Project Grant funds (amended into LGFR 23IR2). PREVIOUS BOARD ACTIONS Sector 4 Award of Bid Agenda from September 24, 2024. POTENTIAL FUTURE BOARD ACTIONS Post -Construction permit required physical and biological monitoring. STRATEGIC PLAN ALIGNMENT Environment OTHER PLAN ALIGNMENT The Sector 4 management area is one of the 8 management areas outlined in the Beach Preservation Plan. STAFF RECOMMENDATION Staff recommends release and payment of Contractor's retainage in the amount of $259,118.46. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legis?arTM 222 SE1 TION 00632 - COMM -iii'"c ' (TO ACOOMPANY CONTIACiOR"S MMAL AM- ATit N FOR PAYMOM g 1;RC,1al, CT I E: - SECTOR 4 HURRICANES IAN & NICOLE DUNE RENOURISHMENT PROJECT - PROJECT NO C-2318 STATE t]F COUNTY Of ; personally before me the undersigne offcer, authorized by the laws of said state to administer oaths, comes M QP_� , ftp d -M4- who on path says: That he is the CONTRACTOR with whom Indian FOw County,fWda, apo- oft, subdivision of said state, did on the 2" day of _ �_ ,20 �S , enter Into a Contract for the performance of certain work, m&e particularly described as follows: The proposed project includes dune renourishment within the County'$ Sector 4 Project Area via the placement of approximately 135,000 cubic yards of beach - compatible sand mill and the installation of about 147,788 native dune ponts over approximately 2.86 miles of Atlantic Ocean beach in hodlan River Cowl* ANod fill is proposed to be obtained from either (a) an upland sand source pre -qualified by the County, and/or (b) an upland sand source separately approved by the Florida Department of Environmental Protection. � ro avoid adverse lrnpacts to nesting sea turtles, construction is expected to be completed dwing the period of November 1, 2024 to April 30, 2025 UNDER PENALTY OF PERJURY, affiant further says tAt.-Wd nstruction has l completed and the Contract' therefore fully performed and final payment is now due antf all liens of all firms and individuals contracting directly with or directly employed by CONTRACTOR have been paid in full EXCEPT: Name Description/Amount i who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Eontract Dents. 2. CONTRACTOR has reviewed the Vft*fQrM MpIllance with the Contract Documents; _ i 1 1, Contractor's Final Certification of the Work - 00632-1 F!\Purchasing\8ids\2024-2025 FV (2025000)\2025004 Sector 4 Hurricanes Ian and Nicole Dune Restoration\1)rafts\#1.0_DIV 0_S_Bid and Contract Doc_20240801-final.doca 223 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 224 SECTION 00942 - Change Order Form No. 001 DATE OF ISSUANCE: 04/17/2025 EFFECTIVE DATE: 04/17/2025 OWNER: Indian River County CONTRACTOR Dickerson Infrastructure Inc. Project: Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project OWNER'S Bid No. 2025050 You are directed to make the following changes in the Contract Documents: Description: Decrease the dollar amount of sand delivered and placed under Bid Item #3 by $748,221.76 (18,029.44 cubic yards) to reflect actual sand placed on project based on current surveys and compliance with fill templates. Decrease the Force Account Amount by $745,975.87 to account for un -used dollars in that category. Reason for Change Order: Upon commencement of construction, modifications to the fill templates were required in order to keep sand from being placed in the water. This resulted in a decrease in some fill template volumes versus what was determined at the time of permitting and bidding. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $6.676.566.80 Net Increase (Decrease) from $0M_o Contract Amendment(s) 180 days Contract Price prior to this $6.676.566.80 Change Order: (days) Net increase (decrease) of this ($1.494,197.63) Change Order: 0 Contract Price with all approved $5,182,369.17 Change Orders: (days or dates) ACCEPTED: By:y_x CONTRACTOR (Signature) Date: a 2 11 Av'5 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 180 days Final Completion: 180 days Net change from Contract Amendment(s): (days) Substantial Completion: 0 Final Completion: 0 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 180 days Final Completion: 180 days Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 180 days Final Com letion: 180 days RECOMMENDED: By: C4� f/' — ENGINEER (Signature) Date: Z 2 v 2 S� By: Date: oos42 - I N:ICOASTALWROJECTSINAT23-01 2318 sector 4 Hurricanes 18n 8 Nic0W1 AdmkAChange OrdatslChange Order Form #1 250417.doc Rev, 05101 225 \'COASTAL TECH 3625 20`h Street COASTAL TECHNOLOGY CORPORATION Vero Beach, Florida 32960 (772) 562-8580 www. coasta Itechcor�co m Eric Charest Aprii 17, 2025 Indian River County 1801 27`h Street Vero Beach, FL 32960 Re: Sector 4 Hurricanes Ian & Nicole Dune Renourishment Project Project IRC -2318 Bid No. 2025004 Recommendation for Application for Payment No. 6 Dear Eric, This is to recommend payment to Dickerson Infrastructure Inc. (Contractor) for construction over the period ending on March 17, 2025, in the amount of $259,118.46, as requested in the attached Contractor's Application for Payment No. 6. In accordance with this payment request, the Contractor has requested payment for retainage. It is our understanding that the Contractor has completed the project and provided the attached release of liens for their sub -contractors as required by the Contract Documents. If you have any questions or concerns regarding this recommendation or require any additional information, please contact me at 772-562-8580 or by email at tfontaine(&coastaltechcorp.com. Sincerely, Charles "Tem" Fontaine III, P.E. Vice President Coastal Tech Celebrating 40th Anniversary Coastal Environmental Civil Engineering & Planning 226 SECTION -- tion.for Payment - SECTOR HURRICA S' IAM I VOOLE DUNE RENOURISHMENT PROJECT - 1, Original Contract Price: $6,676,566.80 2. Net change by Change Orders and Written Amendthoft + or -� $ 0.00 S. Current Contract Price (1 plus 2): $6,676,566.80 . Total completed and stored to date, $5,182,36$17- 5-. Retainage {per Agreemeril~): d 6% of pompleteWort .Qf retainage: . Total Retainage: SO -1010- 6. Total completed find storedlb date Tess retain (4 minus 5): 7. Less previous Application ft Payments: 8. t3UE`THISAPPLICATION f$MINUS 7): 1.,8.46. CONTRA OR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies thaj< (1)the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers,, materialmen and suppliers except as `fisted on Attachment A, below; (3) title of alla*,, 'mater als acrd ' equipment incorporated in said Work or otherwise listed in or covered t tihis Application for Payrt ant will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to 4i;indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all'Afak coverex by this Application for Payer is In accordance with the Convact Documents and not do%ctive; and (l$). # this Pot* $Estimate is l'or a Firm Payment to project car Improvement, I further certify, that ail persons doing wak upon or U101M materials or supplies for this project or improvement under this bregoing contract have beers pow in M— W t and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and ds ht rged, and that t have no chis against the OyMR. i i. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as appii� ) from all subcontractors, labor materialmen and suppliers except as listed on Attachment A, together with an explanation as to why "ny release of lien forM is no i I UpdaW Construction Schedule per Specification Seth{ Dated - ,' � �,'� �' � i� � �.. must be signed by an CAlm otft torporationj ft Name and Tit STATE OF Florida :COUNTY OF St Lucie Sworn to (or affirmed) and subscribed before me Eby means of Sirphysical presence or.13 on** notarization, this V' day of April, 26215 , by Michael B Bre.. (name of person making statement). ZA4t (Signature of Notary Publi ate of Florida) s.MUMC DEWEY (pt s "ire, or ftp rmt#issioned Name of Notary PuMild) t Commission 1t HH 502742 a Expires April S, 2028 dwho is personally known to t' or O who has produced as identification. WNSENT Of &A M 13 TQF`MPAWENT :ALA Documew G707 Bond No. 108124 tMurmmldmfiliecri .. . Indian River County 1800 27th Street COVMkC: FO1L Renourishment Vero Beach, FL 32960 PROJECT- CMTitACT DATF fNruur and gdrbW tRD-2M. SboW 4 Hurricanes Ian & Nicole Dune RenottftMProject'. Bid No 2025004 s ft i6iibmilmft v*h rhe pwwVWmot&e Coormcr bemveo the Owner aml the Cammwcmei16ttiit shrok-Ar #'Aperrarwr�wirweld,�nofsadp�y: 1 Travelers Casualty and Surety Company, f1A f Wk* j One Tower Square Hartford, CT 06183 on bond of • a �l�Ll' terson lnfraskimm Inc. *a Dkkwwh'Apoftr bm { 3122 North 25th .... t Fort Pierce, FL 34946 hee 4mmovC offt final aayment to the ContraCTor, and agrtxlt tt1R At jltlytiltGlltti>t t :Wt1El" 11 tfttt mOm the Sumac i >� r>i ttx �lllgltlrMS i+R _ - ... . - - fAl'Md�dMNt[Mdw[ftlrrcagjU4°na,r) - - IrMbin River County ISM 27th Street Aero Beach, FL 32960 i as set forth in said Surety's mond 1NWITNESS \V413REM the Surety has hereunto set its hand on this dateApril$, 5 hiltYrlill to Vingf%Wn.9lliil �- Travelers >1t19 > Of AttllbflCi (st,ltn f - tli�t• Il .. 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Altslant Traas)gr 11tc CotAa $eoraawy w anY l►ssrearit S+pwwetitiy anr#gr al+l>� ASaitetw xt Fa+� .x111 Agents iD aci tat and an baW11 Of the Comply and a" gW srt6A Wponkin VAto atomov ft in or tw {'wasaw of SAO* Rtay Peviraw to .+ora wO Nw t:timpw^ owww d Feel sunt Nte Cot w Wv "0 burWs reci+INtttd wes OMWwol tOWV tpr end "M +11tipos 4Wqwkwy 1" * tarttae of a b xw Pecognmenre, er cmdowdl wx1wNWw%% ear! 4ray: of Sal ONA*fs at to 890d.ol ttftaem at any Nrla need riitm m ww such appoxt *. am ttwnke 111e poww gnrwt tont or her: $w a is FURTWN:RGOOLWED. tW 11111 C644MOR, Ow PYasawit ani `Am ow-w' AV Execoya V" P"Isid" any 40ror 1N@p Ptah Or a" wtx .. .... f�+rts+pentma�Yd�N�.aarrypereniltwiorpgrwganMtar►hrbansalcmptaoaraip�OYeaae[Campeny t'innndt+ll�C:s�hd�rr�,l... is in wrnrtrt and a ropy dwre l is (ged to Nye =oft* @W Seaolw r and tt FURTHER RESOLVEp,111/i iNrjt bfittd fa+OclAtrtBhtSa *0 a" "age4tfg +i altCe ss tOl�rlaM�Eraa taidwtahatg shall be vaW aW bmdvq upon Ow CCYlopiM, sur rn so) %VWd #ti')he Otiviia any Vve aft*04000 Woo fattWont atrl Sww Vice Pmsttteni or ani Ytsa Preaft11. -ww F9ecw4 `Ace Oweeelilrtt tlwe Tsen rat ow Assoc w T4*p t tha :5acnrtXr al aft ASSa M: SWmWV O d dtdi aftsled AW: Nldh 00 OwgW 111- %W by a ge "y Ot A4Arge►i€ %dewy, Ax (bt thin}! + d/d rw4O# *->i d retxaredi by one w more Atictneys+n fad OWA>4artts pprauawa.at dna pPOW ptasmtle W .t bft 4W hot cWn11re) o or Ehau.inrlft4raW&41 BU00 li of by am . qr tltofe fiK11{)H[It! 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AsspHYrtt 8 etary or sadt d the Cfiittptrrtes tb harMry t me dt>aat dt+d Wtedelfarp Pi p Nae: SKI ux+en:t tqr d rte Pbewt of AHaatay saisCylad 1aY"ste4 eotttparrnnes wMwdt raxms+s n ttei tofm anti wNect : s. Date i %- S JW N S. 202$ ,w g .40 ' ,tRst��'ii�tf� . R SILAL t niAL ARK WSA4 �Il 31gAL 2 11 �. tawrrrt E: HL lot: kilkiwit y l � AiaNw WUiAt + i i0 the autheA 011fRFe Power of Attor PfMrNr /bO6*bove-named ArrorneyfSj4%-Fact and the deraits offt,qK.Wfo#p6kk.hvoPomW4WAttorrtey is etreched 230 i i ip POP 4Of5' CERTIFICATION OF INDIAN RIVER COUNTY PROJECT MANAGER: I certify that I have reviewed the above and foregoing; Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate Cement of the work performed and/or material supplied by the Contractor. I am not Otffloiv as to whether or not the Contractor has paid all 6 ubcontractoM laborers, materialmen and suppliers because I am not in a position to accura* germine that issue. Dated 81"T 1R CERTIFICATION OF INDIAN RIVER COWiff INSPOCM: I have checked the estimate against the ContracWs Schedule of Amounts for Contract Payments and the notes ' and reports of myInspoictloxm of the project. To the best 4f knowledge; this statement of work performed andhr materials supplied appears t bd reasonably accurate, that. theantrtr appears to be observing the requires i Contract with respect to crostruc t .arid Oontractor should be paid the' aunt requested above, unless otherwise ridtetl Oy rt— I t t certifying as 'o whether or tl Contractor has paid all subcontract=. Wbom s. terialmen and suppliers because I am riot 'in a position to a=rately determine that, is, Dated SIGNATURE I i [The Remainder of This Page Was Left Blank Intentionally] 1 Contractor's Application fqC.OM',J'biim=06-09 rev - 00622 - 4 FVurchasm¢181ds12024-2025 FV (2025000)\2025004 Wtor 4 Hurricanes Ian and Nicole Dune ResMM*mVk*he$ L@WYQ;I„�d:and Contratt Doc 20240801-final.doca - 231 Contractor's Application for Partial Payment - 06-09 rev - 00622. 5 I F:\Pu,ctw0ne\81ds\2024.2025 FY (20250001\2025004 Sector 4 Hurricanes Ian and Nicole Dune Restoration\Drafts\41.0_DIV 0_1_Bid and Contract Doc 20240801-Nnal:docx: 232 c� �/ U § a% Z: �K 2 CL % E CL M M N 2 ooC14 0 0/ g § s R e - - con - CFO © ■ # a ® E3 . zz j� � k ^ § IX w L k § q a X. U) ]2)//)/ ) tn k j o �� $$&q§aa W) u §§(/§t% m ■ ! a -to IN m 2 § w / o oo- z w� 7 t- §§ £§ \k�� �2< 0 k� q � �\k kS 2 � \ §� § wo § 0 4mU)aw . k $ \\, J� \ -© \§gG@88 Co. k § z o: 8f�&sE\ 0 w » / �Lr)!9 ■ 04 / � cq . ) (: 2 as : 66 « g\� r- co § \k . . @SSGS$& ° % 2 q I §2 \ aaae0o@ 8##SRso © p & § ) > E E�~d§/a m (3iR # - . ■ `^ 2 LO � k §§\f$$% k� Q p\` / � « Q {\\ \\��k§k § \ § ) aa9 2 a 00 g g �U)r- §y\ - n]¥<_nn uj � '= § \. 2 ■ R m - �. u /\\ k \f \ u o ) � X -E Z ) \IIS$® S \ 02 . _ � (D 0C:,nCL 2 u]oU, } �)� \ M M N Indian River County, Florida *ioA MEMORANDUM File ID: 25-0543 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director ?I Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 FROM: Eric Charest, Assistant Director, Natural Resource Department DATE: April 28, 2025 SUBJECT: Work Order No. 2018029-13 - APTIM Sector 5 Pre -Construction and Engineering Services BACKGROUND On April 3, 2018, the Board of County Commissioners (BCC) approved a contract (RFQ#2018029) with Aptim Environmental & Infrastructure, LLC. (APTIM) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is a 3.1 mile critically eroded section of engineered shoreline that extends just north of Tracking Station Beach Park and ends just south of the Riomar Beach Access. The Sector 5 Project Area suffered significant storm related losses to the beach and dune system from the impacts of Hurricanes Ian and Nicole during the 2022 hurricane season. These storm -related impacts, combined with prescribed maintenance activities to address background erosion, has created the need for a Sector 5 Beach and Dune Renourishment project. The proposed APTIM Work Order No. 2018029-13, in the amount of $67,479.55, provides professional services for engineering and pre -construction related services related to a future Sector 5 Project. These services include: • Task 1: Agency coordination ensuring permit compliance ($2,921.00) • Task 2: Update construction drawings ($14,940.00) • Task 3: Assistance with bid development and solicitation ($16,642.80) • Task 4: Pre -Construction meetings and submittals ($7,154.80) • Task 5: Additional late -season sea turtle monitoring ($25,820.95) All subsequent engineering support for construction and post -construction monitoring of the Sector 5 Project area will be addressed through future work orders. ANALYSIS N/A Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by Legistarn, 234 BUDGETARY IMPACT Funding for the Sector 5 Pre -Construction and Engineering Services is budgeted and available in the Coastal Engineering Fund/Hurricane Ian Sector 5 Account No. 12814472-066510-22601 in the amount of $14,845.50, and in the Coastal Engineering Fund/Hurricane Nicole Sector 5 Account No. 12814472-066510-23007 in the amount of $52,634.05. Account Name Account No. Amount Coastal Engineering Fund/Hurricane Ian Sector 5 12814472-066510-22601 $14,845.50 Coastal Engineering Fund/Hurricane Nicole Sector 5 12814472-066510-23007 $52,634.05 Total $67,479.55 Sector 5 Beach and Dune restoration funding is made available through a Local Government Funding Agreement (LGFR 23IR2) reimbursement grant from the Florida Department of Environmental Protection (FDEP) that provides up to $429,575.80 in funding along with restoration reimbursement funds available through the Federal Emergency Management Agency (FEMA) for beach and dune restoration related to storm losses incurred from Hurricanes Ian and Nicole within the Sector 5 project area in the amount of $2,358,712.88. Additional funding beyond the funding sources identified above necessary for a future Sector 5 Beach and Dune Restoration project will be made available through a portion of the County's Local Option Tourist Tax. PREVIOUS BOARD ACTIONS Recommended Selection of Consultant for RFQ 2018029 - Engineering and Biological Support Services for Sector 5 (City of Vero Beach) Beach and Dune Renourishment, March 6, 2018. Approval of Agreement - Aptim Environmental & Infrastructure, Inc. for Engineering and Biological Support Services for Sector 5 (City of Vero Beach) Beach and Dune Renourishment Project. RFQ# 2018029, April 3, 2018. POTENTIAL FUTURE BOARD ACTIONS Award of Bid for a future Sector 5 Beach and Dune Restoration Project. STRATEGIC PLAN ALIGNMENT Environment OTHER PLAN ALIGNMENT The Sector 5 management area is one of the 8 management areas outlined in the Beach Preservation Plan. STAFF RECOMMENDATION Staff recommend the BCC authorize Work Order No. 2018029-13 in the total lump sum amount of $67,479.55. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-13. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistar' 235 OA APTIM March 31, 2025 Quintin Bergman Indian River County Natural Resources — Coastal Division 1801 27th Street, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #13 Pre -construction and Engineering Services Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 5 Beach and Dune Restoration Project. The scope of work described herein is to support the County in preforming preconstruction services for the commencement of a Sector 5 Project in accordance with the County's Beach Preservation Plan, including agency coordination, design updates, development of plans and specifications, bidding assistance, and late season sea turtle monitoring. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Task 1: Agency Coordination APTIM will coordinate with the permitting agencies to set-up a kickoff call to inform them of the County's intent to construct the project at its planned interval. APTIM will also include any requirements into project documents from these discussions. Deliverable APTIM will update the design based upon discussions with the regulatory agencies. APTIM will prepare for and lead a web -based teleconference meeting regarding any questions or comments from the permitting agencies. APTIM will provide the meeting minutes to all participants. Schedule APTIM will coordinate the call immediately upon receiving a notice to proceed from the County. Cost The lump sum cost for this task is $2,921.00. 236 ,APTIM Task 2: Design Update March 31, 2025 Page 2 of 5 Using either the winter or summer of 2025 survey (based upon availability), APTIM will overlay the permit template on the updated survey data and calculate the required fill volume. Profiles will be analyzed at each R -monument to determine a no -net impact bid volume and adjustments to the template will be made, if warranted. APTIM will discuss the updated fill volume with the County and revise the construction template to meet the County's budget and align with the permit conditions. Deliverable Updated cross-sections will be provided to the County for the Sector 5 project area. Schedule APTIM will provide the preliminary design within 14 days and final deliverable within 30 calendar days, including revisions, of receipt of the Sector 5 Beach and Dune Restoration Project survey data. It is assumed that the survey data provided by the County has been processed and is considered final. Cost The lump sum cost for this task is $14,940.00. Task 3: Bid Development, Solicitation, and Awarding APTIM will develop construction plans and technical specifications that will provide the necessary details to the County's Contractor to construct the project, establish payment criteria, and define the permit conditions. In conjunction with the construction plans and specifications, front-end documents are developed to assist bid solicitation and award. These documents outline contractual obligations and define the responsible parties and their roles. It is assumed that the County will provide their front-end documents for inclusion into the bid package as in past projects. APTIM will assist the County with the solicitation and award of the project, including attending pre-bid meetings and responses to contractor quetions. Deliverable APTIM will provide the County an electronic version of the draft plans and specifications for the County's review and comments. Once finalized, we will submit an electronic copy of the construction plans and technical specifications to the County. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as it is unclear when the pre-bid meeting will be held and when technical questions will be received. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $16,642.80. 237 A T I March 2025 I Page 3 of 5 Task 4: Pre -Construction Meetings and Submittals APTIM will prepare for, attend, and lead a pre -construction meeting with the permitting agencies and the County's Contractor at the County's offices. Following the meeting with the agencies, the County, APTIM and the Contractor will meet to discuss other aspects of the project. APTIM will take notes from the meetings and distribute meeting minutes. APTIM will prepare the required pre -construction submittals to the FDEP in order to commence the project, which may include Plans and Specifications; Turbidity Monitoring Qualifications; and Biological Monitoring Qualifications; and Sea Turtle Nesting Plan. APTIM will upload the submittal to FDEP's JCP Compliance file transfer site. Deliverable APTIM will provide meeting minutes from the pre -construction meeting. APTIM will also send the Commencement Notification letters to the required permitting agencies after corresponding with the Contractor regarding their schedule to begin construction. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $7,154.80. Task 5: Late Season Sea Turtle Monitoring APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which states: Late season sea turtle monitoring, nest relocation, and ancillary professidadl services in support of the Sector 5 Beach and Dune Restoration Project. This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: • Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) 0363427 -001 -JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks may be performed under this work order include: • Task 1: Late Season Sea Turtle Monitoring (FDEP Specific Condition 11) • Task 2: Late Season Nest Relocation (FDEP Specific Condition 11) • Task 3: Reporting Cost The lump sum cost for this task is $25,820.95. 238 Summary The total lump sum cost to perform the proposed work described herein for Work Order #13 is $67,479.55. Please refer to Exhibit 1, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon outside party performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Qinrnroly Signature � APTIM. March 31, 2025 Page 5 of 5 Labor TWO EXHIBIT 1 Agency Coordination Task 1 rr Fours Cost Sector 5 - 2018029 -Work Order #13 Pre -construction Services Design Update Task 2 cost Indian River County, FL APTIM Late Season Sea Turtle Montioring Task 5 LBOOr Hours Cost EbursCost Summary of Labor Hours and Cost March 31, 2025 Page 5 of 5 Labor TWO Labor BW Rate Agency Coordination Task 1 rr Fours Cost He— Design Update Task 2 cost Bid Development Solicitation, and Awarding Task 3 Hours Cost Pre -Construction Meetings and Submittals Task 4 Hours cost Late Season Sea Turtle Montioring Task 5 LBOOr Hours Cost EbursCost Totals Principal Engineer/Sr Proj khgr 250.00 Task 3 Bid Development, Solicitation, and $ 15,648.00 $ 994.80 $ 16,642.80 Awarding Program k4anager 190.00 6 1,140.00 20 3,800.00 20 S 3.800,00 18 3,420.00 8 1,520.00 72 13,680.00 Sr Coastal Engineer/Proj Khg _V 165.00 Task 5 Late Season Sea Turtle - $ 23,220.95 coastal Engineer W 150.00 6 900.00 40 8,000.00 40 S 8,000.00 14 2,100.00 100 15,000.00 Coastal Engineer II $ 125.00 $ 67,479.55 20 2,500.00 20 f 2,500.00 Coastal Engineer 1 105.00 - coastal M edeler 1 $ 130.00 - - - Geologist II $ 95.00 Geologist 1 $ 60.00 $ - $ Sarlior kbdne Biologist $ 135.00 6 $ 810.00 4 510.00 8 1,080.00 8 1,080.00 8 1,06000 34 4,580.00 Professional Surveyor 8 Mapper $ 145.00 $ $ Senior CAD Operator $ 140.00 $ $ CAD Operator $ 105.00 $ 20 $ 2,100.00 40 S 4,200.00 60 $ 6,30000 GIS Operator $ 105.90 $ $ Bookkeeper $ 80.00 f - f Clerical f 71.00 1$ 71.00 8 S 888.00 9 S 639.00 Technician $ 60.00 $ S MbWtration S f 984.BD S 554.80 $ 1.549.60 Sub-Cwtractors - - f - - _ f 23,220.95 f 23,220.95 TOTAL 19 $ 2,921.00 104 $ 14,940.00 1 116 $ 18,842.80 40 $ 7,154.80 161$ 25,820.95 295 $ 67,479.55 5,bmrcrea By Nicole Sharp s�r„med 10: Indlen River County, FL sw,�wion Mm: 2/11/2025 Summary of Cost by Task Task Number Task Name Labor Sub- Mobilization Totals contractors Task 1 Agency Coordination $ 2,921.00 $ - $ - $ 2,921.00 Task 2 Design Update $ 14,940.00 $ 14,940.00 Task 3 Bid Development, Solicitation, and $ 15,648.00 $ 994.80 $ 16,642.80 Awarding Task 4 Pre -Construction Meetings and $ 6,600.00 $ 554.80 $ 7,154.80 Submittals Task 5 Late Season Sea Turtle $ 2,600.00 $ 23,220.95 $ 25,820.95 Monitoring Totals = $ 42,709.00 $ 23,220.95 $ 1,549.60 $ 67,479.55 Submitted By: Nicole Sharp Submitted To: Indian River County, FL Submission Date: 2/11/2025 240 WORK ORDER NUMBER 2018029-13 SECTOR 5 HURRICANES IAN AND NICOLE PRE -CONSTRUCTION AND ENGINEERING SERVICES This Work Order Number 2018029-13 is entered into as of this day of , 2025 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, LLC ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY , P.E. Joseph E. Flescher, Chairman Title: Attest: Ryan L. Butler, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney 241 Indian River County, Florida *toA * MEMORANDUM File ID: 25-0350 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John Titkanich, Jr.; County Administrator THROUGH: Brian Freeman, AICP; MPO Staff Director FROM: Mark Vietze, Senior Planner DATE: May 7, 2025 I, Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Extension of the Transit Service Agreement, Transit Administration Facility Lease, and Main Transit Hub Sublease with Senior Resource Association BACKGROUND Indian River County's public transportation system consists of the GoLine fixed route system and the Community Coach demand response (door-to-door) service. Both of these services are operated by the Senior Resource Association (SRA). In response to a request from the Federal Transit Administration, the County and the Senior Resource Association entered into an Agreement for Management and Operation of Public Transportation Services in 1999. That agreement has been renewed multiple times by both parties, with the most recent renewal occurring in 2023. ANALYSIS The 2023 renewal followed the issuance of a Request for Proposals (RFP) for the management and operation of the County's public transportation services in 2018. Through the RFP process, the Board approved the selection of the Senior Resource Association, the top ranked proposer. Subsequently, the County entered into a five-year agreement with SRA for management and operation of the GoLine and Community Coach. The 2018 agreement identifies the responsibilities of the County and the SRA regarding grant application and administration, vehicle procurement and maintenance, drug and alcohol testing, public comment on fare and service changes, handicapped accessibility, and other issues (see Attachment #1). The agreement also provides for County oversight of the SRA's transit activities to ensure compliance with federal regulations. The 2018 agreement was extended by the Board of County Commissioners at its June 6, 2023, regular meeting. The current contract expires on June 30, 2025. The 2018 agreement allows for an additional two-year extension beyond the current extension. In cooperation with SRA, staff has prepared an Extension of Agreement for Management and Operations of Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by Legista,T 242 Indian River Public Transportation Services (see Attachment #2). The proposed extension is effective through June 30, 2027. SRA operates the public transportation from a county -owned facility at 4385 43rd Avenue. That facility was constructed in 2012 with grant funding from the Federal Transit Administration (FTA). SRA uses the 43rd Avenue facility under a lease that was approved by the Board of County Commissioners effective June 1, 2012, for an initial 5 -year term at $1.00 per year. Since 2012, the lease has been extended four times and is set to expire on June 30, 2025. Additionally, SRA utilizes the Main Transit Hub at 1225 16' Street, which is leased to the County by the City of Vero Beach. The County's lease of the property is for a 40 -year term, which began on April 16, 2013. The County subsequently subleased the property to SRA on June 1, 2017, for an initial period of five years. In 2023, the sublease was extended by the Board and is set to expire on June 30, 2025. Staff have prepared new lease agreements and associated required resolutions (see Attachment #3, 4, 5, & 6), which will extend the leases through June 30, 2027, to run concurrently with the proposed extension of the transit service agreement. BUDGETARYIMPACT This is a continuation of a series of agreements to provide mass transit service in Indian River County. It does not commit the County to any specified level of financial support, which is approved by the Board of County Commissioners through its annual budget process. PREVIOUS BOARD ACTIONS On June 19, 2018, the Board approved the current public transportation agreement with Senior Resource Association. The Board approved a two-year extension on June 6, 2023. POTENTIAL FUTURE BOARD ACTIONS Prior to June 30, 2027, the Board will need to approve a new contract for operation of the public transportation system. STRATEGIC PLAN ALIGNMENT Quality of Life OTHER PLAN ALIGNMENT The operation of the transit system is consistent with the Metropolitan Planning Organization's Transit Development Plan (TDP), which was most recently updated in 2023. STAFF RECOMMENDATION Staff recommends the Board approve the extensions of the Transit Service Agreement, the Transit Administration Facility Lease, and the Main Transit Hub Sublease with Senior Resource Association. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistarn 243 AGREEMENT FOR MANAGEMENT AND OPERATION& OPERATIONOF INDIAN R VF, PUBLIC TRANSPORTATION SERVICU by and between INDIAN RIVER COUNTY 9OARII OF. COUNTY COMMM99ONERS eeaail SENIOR: AS$OCIATWON* INC. This agreement (Agreement), entered into the 9tb day of Jury:::: , 2018, by and between the Indian Raver County Board: of County Ceiana3aamiaRsiau rs (County) and the Senior Resource Association, Inc. (SRA), establishes the responsib itift of each of the parties with respect to obtaining and administering public transportation capital and operating assistance authorized by 49 USC, Section 5307 and other provisions of Federal and State law governing the provision of Public Transportation services. The purpose of this agreement is to comply with Federal Transit Administration and FDOT requirements to establish formal procedures for grant application and administration activities. Recognizing that Indian River County has a need for public transportation swvice, the 'County agrees to provide the SRA with capital funding and operating assistance to such service. County funding will be a combination of federal grant funding, state grant fling, and local funding. In consideration of receipt of this funding, the SRA agrees to maintain and operate a Public Transportation system withian. Indian River County according to the provisions of this Agreement, the Scout of Work of contained in Indian River County Request for Proposals (RFP) # 2018040 (Attac eat 1), and SRA's response to RF' ft 2019M. Y. The parties mutually agree to cooperate in providing public transportation service within Indian River County. Accordingly, each party acknowledges its responsibilities as detailed below,: and agrees to discharge dbese responsibilities in the referenced timeframes. II. This Agreement shall be in effect. through Juane 30, 2023, with 2 po 2 -year extensions beyond the initial Sue (5)year period of the agreement, aatblc at the sale discretion of the Cowes. Any revisions sir, modifications to 1s ; esti must be mutually agreed upon .by, both parties in wfi ttg, This Agreement may be terminated by SRA upon the provision of at least nine. (9) months.prior written noticga this Agreement may also be terminated upon failure of either party to discharge in good ith the duties and responsibilities prescribed in this Agreement. III. The parties hereby designate the fAlowing official representatives for purposes of this agreement: County: MPO Staff Director SRA: Chief Executive Officer C Indian River County Public Transptn'tiott:Service Agreement Page l f 244 ATA The responsibilities of the County are: a. To submit applications for Fe l Frit Administration :M and Florida Deeertment of TransportaAM ff=.gmant funds: Each year, the County will coordinate with the SRA: td project capital and operating fwiding needs fur Ow. following fiscal year.* using that information and other data, provided by the: SRA; the County will prepare and submit applications .ft f uutding through gr,ant' programs, such as FTA Section 5307.oud Florida Public Transit Block Grant b, To adrniaister and manage tion 5307, PTBt3: and other w=ifm&— The. County will prepare sad ::submit all applicable quarterly Pis reports, financial status reports, invoices, requisitions, and closeout reports for Section. 5307, PTBG, and other grant fonds: `mese submittals will be based on information provided to the County by the SRA. The County agrees to reimburse the SRA witldn 30 days of receipt of the SRA'I accurate monthly invoice for public transpa station finnling. The County may at the Cm's option proms funding on an advance basis. This advance will be provided din inonthly draws no more than 1/12* ofthe annual operating budget paid in advance on ffie:fnrst day of each month. C. To maintain an accurate inventor�of capital eq amort 5307. PTBG. and other grant funds: .. ... For capital equipment purchased with grant program. finds for which the County is the designated recipient, suph as Section 5307, the County Will take title to all rolling stock and other capital items purchased with those grant funds _Consistent with its approved procedures, the; County will tag all capital assets and add each asset to its fixed assets inventory records. ds. These records will be maintained and updated as necessary. An inventory of all SRA Section 5307 and other grant program capital purchases will be conducted at least biennially. d. Toyrovidc assistance to and overQht of SRA's Public Trtation activities: The County will meet with the SRA on a quarterly basis to discuss transit system operations issues, including system per%rtnance, status of grant funds: utilization, other budget matters,: federal requh aumts, routes, ridership, problems, opportunities, and other issues. Meetings will be held on the last Wednesday in the months of January, April, July and October, or as may agreed upon. Beside attending quarterly meetings, County staff will be available to assist the SRA with any transit planning, budget, grant adrnitni, sus other issues. The County will oversee the.SRA's public transportation progrant as specified in this .Agreement and as otherwise necessary to ensure that the SRS► complies with Indian River County Public Transportation Service Agreement Page 2 245 e. all federal, state, and local: requirements in its pion :of public rtatiun service to Indian River County:: The County will be responsible fa*: verbal and written correspondence with the Federal:Transit Administration and FDOT .oa :all matters relating to the gait programs. Compliance with requirements will apply to all phases of operations as well as coital equipment, whether that equipment is purchased or leased. The County hereby establishes the TDLCB es . tha . formal advisory board for public transportation operations in the county..::11m County agrees to staff the TDLCB and expeditiously present: SRA mtters, including transit route or schedule changes, to the TDLCB for.tssideration. V. . The responsibilities of the SRA are: a. i o twome numiG transoortation service as The SRA shall provide fixed route/ADA/and Transportation Disadvantaged Public Transportation service.: in accordance with the rnu* . Mnccadre, fare structure, and schedule identified in the County's adopted. Tom€ Develoopment Plan (TDP). The SRA agrees to maintain the approved VoUte structure] fare structure, and schedule unless a change in the mute or fare stroeture or schedule has been approved by the County. Any SRA new service proposals to change its route structure, fare structure, or schedule will be implemented in accordance with the County's public comment procedures regarding transit fare and service changes. The : SRA will maintain a record of all public comment anti u record of all responses to public comments regarding proposed route, fare, or schedule changes. b. To invoice the County monthly &hlictransportation costs incurred: The SRA shall provide (within 34: days after the end of thee -;month) monthly invoices to the County detailing actual expenses for the prior month as compared to the draw received for, that month. Subsequent monthly drawswill be adjusted as needed to reconcile the actual expended amounts. The invoiat �� used by the SRA shall be approved by the County, and shall separately list invoice amounts for county funding, state funding; and federal fimding. C. To provide the County with quarterly pedaMUM and A=cial information: The SRA transportation coca atm :vein. attend four (4): quarterly meetings with the County as referenced in IV (de) of is Agreement. Alt least one week prior to each quarterly meeting, the SRA will wide the t' ounty ' *k quarterly progress report and a finogial status report for dw just completed quarter. The quarterly progress report", include a description oftbc.v4dw.of each activity Indian River County Public: Transportation: Savice Agreement P*V 3 246 line item contained in each active grant, including the major milestones required by FTA for each activity line item. The financial status report shall summarize all financial activity associated with each : ae ive Section SM grant for the just. completed quarter. d. To close out any active Federal or State grants vi►ithe the,ftehaffift rtpq for ant: The SRA will ensure that all grant funds will be expended within the required timeframes of each grant. e.gIvv lie the County with et requests: By Wy of each year, the SRA will provide the County with estimates of needed capital.and operating funds for the next fiscal year. These estimates shall be bond on the adopted TDP and the Indian River County MPO's adopted Transportation improvement Program. f. To follow all p4ghcabkFtAbyadtaRM aguirements: The SRA shall adhere to all FTA in the list of Certifications and Assurances, the Master Agreement, the Federal Register, and in other FTA correspondence. Specifically, the SRA's responsibilities are: 1. To follow all applicable procuretriptt mauir+eanents: The SRA shall adhere to all FTA, FDOT, and Ccty procedures in procuring all goods and service with Federal and State grant funds. In procuring rolling stock, the SRA agrees to utilize the state contract when possible. For state contract: purchases, the SRA will ensure that Buy America, pre -award, post -delivery, and other appiicable.�k requirements are met. The SRA shall not expend Federal or State on any item unless that item is included in an approved grant. The SAA shall obtain written approval fi-om the County prior to making capital purchases in excess of $1 ti,000. 2. To comply with. all Deng and &ca►h+ol Puns= Requirements: The SRA will maintain a dug -free workplace and shall administer a drug and alcohol program dint complies with all applicable FTA regWments, p including the ovisi[ons of 4-9 .CFR_ Parts 653 and: .-':,This w111 involve conducting drug/alcohol.. training and testi &, c+dnduc tg. Mind performance testing, subeWtting an annual certificate of compliance, filing MIS forms annually, and maintaining drug test confidentiality. 3. 12p1v vyilth all ADA requirements: Indian River County Public Transportation Service Agreement The SRA will ensure titan all service personnel receive periodic ADA training that incorporates the seven ADA service provisions. The SRA will provide reasonable accommodations as defined by the 'ADA to all transit patrons requiring special iodations and will ensure that its facilities and vehic%e cure ADA accessible. The SRA will also maintain and adhere to ftS SdDpted ADA complaint procedures. 4. To solicit public comment on fare and service changes: The SRA will present any proposed fare and serve changes at a public hearing prior to adoption. Comments received during the public hearing must be considered by the SRA in the implementation of fare and service changes, particularly fare increases and service reductions. 5. To collect, compile, and report National Transit Database Information: The SRA will collect, compile, and report aWimvabie system information as required under 49 USC, Section 5335(a).,: -This information will be reported in the format and: time frame requireRl At least one week prior to submitting National Transit Database information, the SRA shall submit a copy of that information for the County to review. 6. To com& with all FT Civil Rights Requirements: The SRA will maintain: its Title VI program, comply with DBE requirements in hiring and procurement, and provides DBE data on time. g. To perform regular vehicle maintenance on all transit vehicles: SRA will perform all preventive maintenance as scheduled and in c mfonnance with the Indian River County Transit Vehicle and ,Accessibility Feature maintenance plan. Vl. Public Records Compliance A. Indian River County is a public agency subject to Chapter. 119, AM& Statutes. The Contractor shall comply with F1Qri4a% Public Rads Law. Spocifi+c ly,' the Contractor shall.. (:1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the :County's Custodian of Public Records, pts3+itide the County with a copy of the requested records or allow; the records to be inspected or copied within a reasonable time at a cost . that does not exceed the cost provided in Chapter 119 or as otherwise provided by law::: . (3) Ensure that public records That are exempt or confidential and " t from public records disclosure requirements are not disclosed except -as Oidporized bylaw for Indian River County Public Transportation Service Agreement Page 5 248 the duration of the contract term W. following completion of lite co utract if the contractor does not transfer the records to the County. (4) Upon compledon.'of :the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the: contract, the Contractor shall destroys y duplicate public records that are exempt or confidential and exempt from public records disclosure requirtments. If the contractor keeps and maintains clic records t completion of the contract, the Contractor shall meet all appHeWe i retaining public reams. All records stored electronically must be provided to the County, upon request f om the Custodian of Public Records, in a format that is compatible with the information tedbiWogy systems of the County. B. IF THE CONTRACTOR HAS: QUESTIONS REGMWANG, THE APPLICATION OF CRAFTER -119, FLORIDA STA3'13M$ TO THE CONT'RACTOR'S DUTY TO PROVIDE PUBLIC, RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)-142A pa,ubli ere cords ..... om Indian River County Office. of the County A#orney 18012Tf Street ..... ..... Vero Beach, FL 2M C. Failure of the Contractor.to comply with these requirements shall be a material breach of this Agreement. In witness of the foregoing, the parties have, read this Agreement and have affixed their signatures, effective on the date first appearing above= MAINTENANCE FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") by and between Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1800 27' Street, Vero Beach, Florida ("County" or "Landlord"), and Senior Resource Association, Inc., a Florida non-profit corporation, formerly known as Council on Aging, Inc., whose address is 694 14th Street, Vero Beach, FL 32960 ("Tenant"), shall take effect as of July 1, 2025 ("Effective Date"). BACKGROUND RECITALS: A. The Senior Resource Association is the Community Transportation Coordinator ("CTC") and Transit Service Provider for Indian River County. The Tenant operates a fixed route bus system serving Indian River County utilizing over 50 buses. Most of the buses operated by the Tenant are titled to Indian River County as the owner of the vehicles. The operation of the buses for the citizens of Indian River County serves a valuable public purpose; and B. The Tenant's transit system, the GoLine, has steadily increased in ridership, popularity and size, necessitating a separate maintenance facility for servicing, repairing and parking of the fleet. C. The Landlord and Tenant ("the Parties") entered into a ground Lease Agreement ("Ground Lease") effective April 1, 2009, to provide for the construction of a maintenance facility and administrative offices on County owned land located at 4385 and 4395 43rd Avenue, Vero Beach, FL whose legal description is attached as Exhibit A, and incorporated by reference herein. D. Construction on the Indian River Transit Administrative and Maintenance Facility ("Facility") was done using grant funds and will continue to be considered a County owned improvement on County owned property. E. The Parties had a prior Lease Agreement for the lease of the Facility to the Tenant for a term of 2 years starting on June 1, 2012, which was extended four times. F. The Parties now desire to enter into a new Lease Agreement with a two year term that will allow the Tenant to continue to utilize roughly two and a half (2.53) acres of the County owned property at 4385 and 4395 43rd Avenue including the Facility, for the use of storing and maintaining their fleet of buses, including related operations and administration (hereinafter collectively referred to as "Leased Premises"); and G. Pursuant to Florida Statues Section 125.38, the County has the ability to set a nominal rent regardless of the actual value of the property so long as the price of the rent shall be set forth in a resolution of the Board of County Commissioners. H. The Parties agree that this Lease shall replace and supersede the previous Lease Agreement effective June 1, 2012. 253 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Prior Leases. This lease shall replace all prior leases between the parties for the Leased Premises. 3. Property, Rent and Term. The Landlord hereby leases to the Tenant, and the Tenant hereby leases from Landlord, the Lease Premises including the Facility, located on 4385 and 4395 43rd Avenue and more specifically described on Exhibit "A", attached hereto and made a part hereof, for a term of two (2) years commencing July 1, 2025 and terminating on June 30, 2027. The rent payable by the Tenant during the term shall be two dollars ($2.00). Said amounts shall be payable annually, in advance, in the amount of one dollar ($1.00) per year. The Tenant shall be responsible for any sales tax, use tax, ad valorem tax, tangible property tax, and intangibles sales tax that may arise from this Lease Agreement or the Premises. This lease shall not be extended any further than the term listed herein. 3.1 Review of rent. Approximately ninety (90) days prior to the expiration of this lease, the parties shall meet to discuss this lease and any other changes deemed necessary by either party. 4. Property Leased "AS IS". The Tenant agrees that the Premises are being leased "as is" and that the Landlord makes no representation, warranty or guarantee of the condition of the Premises or any of the improvements thereon. The Tenant has examined the Premises and has determined that the Premises are suitable for the Tenant's purposes. Tenant may use the Premises for the purposes of storing and maintaining a fleet of buses operated by the Tenant, and for any purpose relating to operation of the bus service. 5. Maintenance and Repairs. The Tenant shall repair and maintain the Fleet area of the Premises including the lift, tools and other equipment and keep the Fleet area in a safe, clean and attractive condition. The Landlord shall repair and maintain the Administrative/Operations area of the Premises and keep the area in a safe, clean and attractive condition. The Landlord may choose to use the cleaning company currently under contract with the County to clean the Premises. The Landlord shall mow the lawns and maintain the landscaping, trees and shrubbery on the Premises. The Landlord shall maintain the automobile parking areas commonly used by employees and visitors to the building, driveways and the exterior of the building in a safe, clean and attractive condition. The Landlord shall maintain the generator on the Premises through its existing generator maintenance/service contractor. Upon expiration of the lease, the Tenant shall surrender the Premises quietly and peaceably in substantially the same condition as the Premises were in at the start of the lease, reasonable wear and tear excepted. Tenant shall notify 254 Landlord of any structural or non-structural repairs, or alterations made to the Premises so Landlord may keep an accurate history concerning the building. 6. Installation and Removal of Equipment and Personal Property. The Tenant shall have the right to install on the Premises such equipment, fixtures and other items necessary or convenient for its use of the Premises. All equipment and personal property purchased by the Tenant and placed in, on, or about the Premises, including equipment not affixed to the realty, shall remain the property of the Tenant. The Tenant may remove such equipment and personal property on or before the termination of the lease, provided that if such removal results in damage to any part of the Premises, the Tenant shall repair such damage prior to termination of the lease. Any of the Tenant's equipment or personal property not attached or installed in any building or structure shall remain the Tenant's property and may be removed on or prior to termination of the lease. 7. Public Utilities. The Tenant will pay, within time allowed for payment without penalties, all charges for water, sewer, electricity and garbage collection and all other public utilities which may arise from the Tenant's use of the Premises. Tenant shall also be responsible for payment of any pest control expenses. 8. Improvements or Alterations to the Premises. Tenant shall make any necessary improvements or alterations on the Premises in order to accommodate the storage, maintenance, and operation of the fleet of buses at Tenant's sole expense. Any such improvements or alterations shall be subject to Landlord's prior written approval. Landlord expressly reserves the right to review and approve or disapprove of any construction plans prior to application for any building permit. All such improvements or alterations shall comply with any and all applicable governmental laws, regulations, rules, and orders, shall follow standard construction methods and shall be constructed in accordance with the plans and specifications approved by the Landlord. Landlord, at Landlord's sole discretion, may require Tenant to have any alteration, improvement or construction secured with surety bonds or such other security approved by Landlord. Tenant shall maintain such improvements or alteration as may be required by Landlord. Any and all improvements or alterations made by the Tenant to the Premises shall become the property of the Landlord at the time of expiration or sooner termination of this Lease. Tenant shall maintain the Premises in a clean condition during the term of this Lease by promptly removing and properly disposing of all litter, rubble, trash, and debris. 9. Use in Declared Emergency. During any federally, State of Florida, or locally declared disaster or other emergency, the Landlord reserves the right to have the full and exclusive use of the Premises for as long as reasonably necessary as the County, in its sole discretion, acting as the Indian River County Emergency Services District, shall determine, for any and all appropriate governmental purposes in connection with such declared disaster or other emergency. 10. Insurance. Tenant shall carry the following insurance coverage and shall furnish Landlord a certificate of such insurance. Landlord shall be named as an additional insured on the general liability policy. Landlord will be given 30 days' written notice prior to cancellation or 3 255 modification of any stipulated insurance. Such notice shall be by certified mail, return receipt requested, and addressed to the Risk Manager. a) Commercial General Liability. Tenant shall have commercial general liability coverage and shall be per occurrence Combined Single Limit for Bodily Injury and Property Damage including Premises and Operations. The minimum limit of liability for the Premises shall be $300,000. The policy shall be written by a carrier licensed to do business in Florida and have a rating of A+VII or better per A.M. Best's Key Rating Guide. b) Workers' Compensation. Tenant is required by law to maintain workers' compensation insurance Tenant shall, at least ten (10) days prior to the commencement of operations under this agreement, provide to the Landlord a certificate of workers' compensation insurance, including employer's liability, with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by Landlord's Risk Manager, with a limit of $100,000 per accident, $500,000 disease (policy limit), and $100,000 disease (each employee) in compliance with all state and federal laws.. Tenant shall provide to the Landlord at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to Landlord's Risk Manager, prior to cancellation or modification of any required insurance. Tenant shall cause any contractor or subcontractor performing any work on the Leased Premises to provide to Landlord certificates of insurance under the same conditions and with the same policy limits as required of the Tenant. In light of the extended term of this Lease Agreement, Landlord shall have the right at any time upon reasonable notice to Tenant to increase, modify or otherwise change the insurance requirements as set forth in this paragraph, provided that such revised requirements are consistent with the requirements then being imposed by the Landlord upon other users or tenants of Landlord's properties. 11. Indemnity Tenant agrees to indemnify and hold harmless the Landlord, together with its agents, engineers, employees, officers, elected officials and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by a breach of this Agreement or third party claims, judgments, and expenses to persons or property that may arise, directly or indirectly, from any negligent, reckless, or intentional act or omission of Tenant and persons employed or utilized by the Tenant. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 12. Repair for Damage. Tenant shall repair, cause the repair, or reimburse the Landlord for the repair of, any damage to Landlord's property caused by Tenant or Tenant's employees, guests, invitees, licensees, or permittees. 4 256 13. Compliance with Laws. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the Leased Premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this Lease. 14. Default. In addition to the rights granted under paragraph 13 of this Lease, Landlord shall have the right to terminate this Lease upon the occurrence of any of the following (each an "Event of Default"): 1) Loss of non-profit corporation status by Tenant; 2) Abandonment by Tenant of the Leased Premises; 3) Default of, non-performance of, or other non-compliance with, any term, covenant or condition of any nature whatsoever under this Lease to be performed by Tenant; or 4) Failure to pay when due any rent, insurance cost reimbursement, or any other expense which could result in a lien being placed upon the Leased Premises. Upon the occurrence of an Event of Default, the Landlord shall send a written notice to Tenant, in the manner set forth in this Lease, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event Tenant does not cure the default. Within thirty (30) days following receipt of a default notice, Tenant shall have cured the default to the reasonable satisfaction of Landlord. In the event Tenant fails to cure the Event of Default within thirty (30) days, this Lease shall be deemed to be terminated with no further action by the Landlord, other than providing final written notice to the defaulting party that the Event of Default has not been cured and that the Lease is terminated. 15. Vacating Premises. The Tenant is the Transit Service Provider ("TSP") for the Indian River County. Should the Tenant cease acting as the TSP for the County, then this Lease shall terminate. In the event of this Lease terminating due to the Tenant ceasing to act as the TSP for Indian River County, Tenant shall have ninety (90) days to vacate the Leased Premises. During this period, Tenant understands that another community transportation coordinator may have to use the Leased Premises and Tenant agrees not to interfere with the new TSP's activities. 16. Assignments or Encumbrances. Tenant shall not, in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Lease, or sublet the Leased Premises or any part thereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of Landlord which consent may be granted, conditioned, or withheld at Landlord's sole discretion for any reason. Any such attempted Assignment without Landlord approval shall be null and void. 17. Attorney's Fees and Costs. In the event there arises any dispute or litigation over the terms and conditions of this Lease, each party shall bear its own attorney's fees, costs, and expenses to resolve that dispute. 18. Notices. Any notices which are required, or which either party may desire to serve upon the other parties, shall be in writing and shall be deemed served when hand delivered, by courier such as Fed Ex or UPS, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to the parties at: 5 257 Tenant: Senior Resource Association, Inc. Landlord: Indian River County Attn: Karen Deigl Attn: County Administrator 694 14th Street 1801 27th Street Vero Beach, FL 32960 Vero Beach, FL 32960 These addresses may be changed by any party by providing written notification to the other parties. 19. Right of Quiet Enioyment. If and so long as Tenant performs all of its obligations under this Lease, Landlord covenants that Tenant shall and may quietly hold and enjoy the Premises, subject to any provisions of this Lease, applicable laws, ordinances, and governmental regulations, and to any governmental actions, and to any taking under the power of eminent domain. 20. Inspection. The Landlord may enter and inspect the Premises with reasonable notice at all reasonable hours to ensure the premises is being properly maintained and kept in good condition. 21. Jurisdiction. This Lease Agreement shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Lease shall be instituted in Indian River County. 22. Waiver of Strict Compliance. Each right, power and remedy of the Landlord and Tenant provided for in this Lease shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. Landlord's acceptance of rent does not waive any uncured delinquency or default by Tenant. 23. Prior Agreements. This Lease incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Lease that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. 24. Severability. If any term, covenant or provision of this Lease, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable for the remainder of this Lease, then the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and each and every other term and provision of this Lease shall be deemed valid and enforceable to the fullest extent permitted by law. 25. Survival. Except as otherwise expressly provided herein, each obligation in this 258 Agreement to be performed by Tenant shall survive the termination or expiration of this Agreement. 26. Execution. This Lease may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 7 259 IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed by their respective duly authorized representatives as of the date first set forth above. SENIOR RESOURCE ASSOCIATION, INC By: Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Approved as to form and legal sufficiency: Susan J Prado Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By: Joseph E. Flescher, Chairman, Board of County Commissioners Date Approved: Attest: Ryan L. Butler Clerk of Court and Comptroller By: Deputy Clerk 260 Exhibit 'A' ------------ ----------------------- ----- 45TH 5TREET NORTH GIFFORD M a.� , u� _ ___ ROAD g RW VARIES 9 Im m ,w ... �— REPORT OF SURVEY: aauanws�m �arwuxorB(aiosuwm w.eunem • auwvaxwn'zrwerBawr� 1 - 5g( eew�.vc�wn.ia�'r�reaeu.'�ow a`mcf tn�wor � I I _. ¢ruaavworaw wm w�wBw�imwicr wmw 1 I *EaAsrwaweN w��xwrnw� w� P� .� ' IB Ai/ �c � �• BFMINGB4¢idtiWe BurvEYnnPMGVvo6mnM'E •��� ,Nu'tMl4N �mnYIm�BV,nm�Im�e-tt4 dt�tt �� I �.b4annMmroYl0. wuceBwwro wnvs6n6 py �I n ` Vnu,EsTiox4wvirnPr �,e Rett x[aVpw4�iBn4 nmBurvawe, 9R I I - inewwlEYl'It P.V9rN e,U/�l � . NnOrlow,TM1�wAT�vN�NulFwglvm � $ ' ryunax ryar 9 .cas•"awwroaaw,f • n•Ptv��m�xa�•�wow� NBpx m�afw�u rw� os>re tr,mtwrse�owwwn�nNw.a uv.ga.�sxaot�P�.or iuw tnc w � I .I I .' . I� tywn lAe}•,I�wc ryywee•MrY�tl�b Ao,� I .P m . t� .. r �• „m I _ - Ib } 411! m iIF ;i le, ..... M s r M°I � +'P# � � BEB�wwe. �'•p o-r� rp �a PLATOP"VEYFOR . 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I' � �Tr MOtlI�tAOIRAp� ] . •� 1 f,ounmar�ecsvv+lamw.r l . nenwwewawwcwantear.�nam.�.... 5q - - , , �ruwArca.rA.mwun.r.R Y . -� � I xo�osawwM°.�ewir�ar.r: wreFr t ,I I *�usr w,esrwa�Mw rise: ort wmuwvvrrrlfam�ww�n. a If I - U�As.rwflafrAwvA�ro�,��.w� � If nsAl- . .. orxc - 4 - as+mowaaam.i ' �OUWIr/MrMV,6no.o-..ar�t� e � � P I .w1Yt fV[�IAtrow�leww>.a 1 � rll�� O►tu eFV.gaYuaV. urlRw,'w.w,� 11 1 rrr.a.o-.� • .. - - ti I w : 1-- - -- sas l o I „ if o SMECrPROPERTY 118,2R(SO. FT. /2.S3AC59ACRESJ I t ti � i -------------------- III ---�- �---_-_- ., N . p I 7- .. wmorcaA GR4pNIC SCALE' 1 1 , t1 . S l I I ch 30 Ft, 3 Iti� i PLAT OP'SIIR P rrst >Qaae.m�� vsoar - . 1 ■,er "sou w tmo INDIANRI M COUNTY TRANSIT FACILITY CMEM„...o _ �:,m.... .. b�1gKA77IBk37CXb1PQ 7N/SSfATVRY1ShUTVA(IDWIIHWI77I8S1ONA7VR6AAD TA8 1 -. lOAGL /.�hD S7TR{'Cf'ORSd AL1PPBR.i ORIGWAL RAISED SEAL OF THSPLORIDAL(CIIJSED SURVEYOR . - C A&..FAoA>®'m: LB so AB,DALiPPERNMffi)BBLOW. /A�id'IIrII -JiD/ V. Bu4 RiG IDM1fO f AQV/R wononmoxus,vciaraBxs yg llv8✓a o-M a�.lm/m-,enr B.. i�lYe Benserex cvuxrrcrou.�mns i!a L'.` gl tb s6 asr uescerPnox /RN! 'A�1g/DE P.LfiAM1910 ,a�r 7--- PLAT OF SURVEY FOR: 1NDIANRIVER COUNTYTRANSITFAMIrrY D Mm X= IBM I Roma ff PROFESSIONAL dNOSUR4 LBWVRS MAPPERS IIl�P.ns &M -9l 461 Y &.4 lkvi, j7Jyp Z:M)m-al) a :(m)m-Im BBY1�18 rnB:Bwnmarr. )TIltlCRaABCl A.cBf1Q,r PBOIH.'fYlaall ."ov re. rrl rr T 82Y10 ADDADDRMNAL BfilYOWARKS BJ8 ➢RAWNBY.�B18 / lR)/Ja xmsErme QlUNI)'GVMI�lfS BJx o>ea�Br.�s,.tl6 NO. DA4E BbSIXBIfON BY BG4E )da '-L' 'o" 265 I 1 I 1 1 I tt �4 II I I I II O I I I S I I I II=� I rw -4t eev(- e— mncr�. aecaats , - � � -- w -�$----rw---- � •�- " ® I . . 1 � «,rte, N 'fe — Legend a Abbravlatlons: (eyribole not eealeable far size) .W® � war[emau E- - �Nlrte r fPrtlrlE ]tnvicE ,,tQ —_�—• �� / � / 14HG1N ® q , 1 1 =1 - vw+"uo.'T fct+na^t"• fv(xv) (wn) °-:IPniwx+rxf(rrscJ(atl nNwsimm • ic6 m ' GRAPHIC 9GALE . IV : _ ruae . 3 I Inch 30 ft. 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USNVHI ,oYo a3nia Nww+l �W 2 kC j a99 FF p aYh gg Ilk a F tv wo —` I 1 911 } �-..$ i•F i�� ---_—; _— -- ---- RESOLUTION NO. 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A TWO-YEAR LEASE WITH THE SENIOR RESOURCE ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION. WHEREAS, the Senior Resource Association, Inc. ("SRA") is a Florida not for profit corporation organized exclusively for religious, charitable, scientific, literary, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986; and WHEREAS, the SRA and Indian River County have agreed on a lease on 2.53 acres of property on 43rd Avenue for the purpose of using and improving upon the land for the purpose of storing, maintaining, and operating its fleet of buses for a Two (2) year term at an annual rate of One Dollar ($1.00) per year commencing on July 1, 2025; and WHEREAS, the Board of County Commissioners finds that the use of such County property promotes the community interests and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, pursuant to the authority of Florida Statutes section 125.38, and in accordance with the application made by the Senior Resource Association, the Board of County Commissioners hereby approves and authorizes the Chairman to execute a Lease between the Board of County Commissioners of Indian River County, Florida, and the Senior Resource Association of Indian River County, Florida, Inc. Upon the effective date of the Lease, the prior Lease entered into between the County and the SRA (effective date June 1, 2012) along with Resolution No. 2012-064 approving the prior lease shall both become NULL AND VOID. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss 269 The Chairman thereupon declared the Resolution duly passed and adopted this _ day of May, 2025. Attest: Ryan L. Butler, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS Un Deputy Clerk Approved as to form and legal sufficiency: Susan J Prado, Deputy County Attorney LIM Joseph E. Flescher, Chairman 270 SRA HUB SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT ("Sublease") by and between Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1800 27th Street, Vero Beach, Florida ("County"), and Senior Resource Association, Inc., a Florida non-profit corporation, formerly known as Council on Aging, Inc., whose address is 694 14th Street, Vero Beach, FL 32960 ("SRA"), shall take effect as of July 1, 2025 ("Effective Date"). BACKGROUND RECITALS: A. The Senior Resource Association is the Community Transportation Coordinator (CTC) and Transit Service Provider for Indian River County (herein after "SRA"). The SRA operates a fixed route bus system serving the citizens of Indian River County utilizing over 50 buses. Most of the buses operated by the SRA are titled to Indian River County as the owner of the vehicles. The operation of the buses for the citizens of Indian River County serves a valuable public purpose; and B. The SRA's transit system, the GoLine, has steadily increased in ridership, popularity and size, necessitating construction of a main transit hub facility to accommodate passengers and buses for the various routes; and C. Effective April 16, 2013, the City of Vero Beach and the County entered into a ground Lease Agreement ("Ground Lease") to provide for a site for the construction of a main transit hub facility on 3.14 acres of City owned land located at 1225 16th Street, Vero Beach, FL whose legal description is attached as Exhibit A, and incorporated by reference herein. D. Construction of the Indian River Transit Main Hub ("Main Hub") is now complete. The Main Hub includes a 1,000 square foot building, parking lot, covered walkways, covered waiting area and restrooms. The Main Hub was built using grant funds and will continue to be considered a County owned improvement on City owned property. E. The County and SRA now desire to enter into a Sublease Agreement with a two year term that will allow the SRA to utilize the Main Hub for passenger operations; and F. Pursuant to Florida Statues Section 125.38, the County has the ability to set a nominal rent regardless of the actual value of the property so long as the price of the rent shall be set forth in a resolution of the Board of County Commissioners. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Property, Rent and Term. The County hereby Subleases to the SRA, and the SRA hereby Subleases from County, the property and any improvements thereon 271 including the Main Hub, located at the 1225 16th Street, Vero Beach, FL and more specifically described on Exhibit "A", attached hereto and made a part hereof. The Sublease shall be for a term of two (2) years commencing July 1, 2025 and terminating on June 30, 2027. The rent payable by the SRA during the term shall be two dollars ($2.00). Said amounts shall be payable annually, in advance, in the amount of one dollar ($1.00) per year. The SRA shall be responsible for any sales tax, use tax, ad valorem tax, non -ad valorem taxes, tangible property tax, and intangibles sales tax that may arise from this Sublease or the Main Hub. 3.1 Review of Sublease. Approximately ninety (90) days prior to the expiration of this Sublease, the parties shall meet to discuss extension of this Sublease and any other changes deemed necessary by either party. 4. Property Subleased "AS IS". The SRA agrees that the Main Hub is being Subleased "as is" and that the County makes no representation, warranty or guarantee of the condition of the Main Hub or any of the improvements thereon. The SRA has examined the Main Hub and has determined that it is suitable for the SRA's purposes. SRA may use the Main Hub for the purposes relating to operation of the bus service. 5. Maintenance and Repairs. The SRA shall repair and maintain the Main Hub and keep the area, including the interior and outdoor waiting areas, in a safe, clean and attractive condition. The County shall mow the lawns and maintain the landscaping, trees and shrubbery at the Main Hub. The County shall maintain the automobile and bus parking areas, driveways and the exterior of the building in a safe, clean and attractive condition. The County shall maintain the generator at the Main Hub through its existing generator maintenance/service contractor. Upon expiration of the Sublease, the SRA shall surrender the Main Hub quietly and peaceably in substantially the same condition as it was in at the start of the Sublease, reasonable wear and tear excepted. SRA shall notify County of any structural or non-structural repairs, or alterations made to the Main Hub so County may keep an accurate history concerning the building. 6. Installation and Removal of Equipment and Personal Property. The SRA shall have the right to install such equipment, fixtures and other items necessary or convenient for its use of the Main Hub. All equipment and personal property purchased by the SRA and placed in, on, or about the Main Hub, including equipment not affixed to the realty, shall remain the property of the SRA. The SRA may remove such equipment and personal property on or before the termination of the Sublease, provided that if such removal results in damage to any part of the Main Hub, the SRA shall repair such damage prior to termination of the Sublease. Any of the SRA's equipment or personal property not attached or installed in any building or structure shall remain the SRA's property and may be removed on or prior to termination of the Sublease. 7. Public Utilities. The SRA will pay, within time allowed for payment without penalties, all charges for water, sewer, electricity and garbage collection and all other public utilities which may arise from the SRA's use of the Main Hub. SRA shall also be responsible for payment of any pest control expenses. 2 272 8. Improvements or Alterations to the Main Hub. SRA shall make any necessary improvements or alterations to the Main Hub in order to accommodate the safe operation of the system at SRA's sole expense. Any such improvements or alterations shall be subject to County's prior written approval. County expressly reserves the right to review and approve or disapprove of any construction plans prior to application for any building permit. All such improvements or alterations shall comply with any and all applicable governmental laws, regulations, rules, and orders, shall follow standard construction methods and shall be constructed in accordance with the plans and specifications approved by the County. County, at County's sole discretion, may require SRA to have any alteration, improvement or construction secured with surety bonds or such other security approved by County. SRA shall maintain such improvements or alteration as may be required by County. Any and all improvements or alterations made by the SRA to the Main Hub shall become the property of the County at the time of expiration or sooner termination of this Sublease. 9. Use in Declared Emergency. During any federally, State of Florida, or locally declared disaster or other emergency, the County reserves the right to have the full and exclusive use of the Main Hub for as long as reasonably necessary as the County, in its sole discretion, acting as the Indian River County Emergency Services District, shall determine, for any and all appropriate governmental purposes in connection with such declared disaster or other emergency. 10. Insurance. Tenant shall carry the following insurance coverage and shall furnish Landlord a certificate of such insurance. Landlord shall be named as an additional insured on the general liability policy. Landlord will be given 30 days' written notice prior to cancellation or modification of any stipulated insurance. Such notice shall be by certified mail, return receipt requested, and addressed to the Risk Manager. a) Commercial General Liability. Tenant shall have commercial general liability coverage and shall be per occurrence Combined Single Limit for Bodily Injury and Property Damage including Premises and Operations. The minimum limit of liability for the Premises shall be $300,000. The policy shall be written by a carrier licensed to do business in Florida and have a rating of A+VII or better per A.M. Best's Key Rating Guide. b) Workers' Compensation. Tenant is required by law to maintain workers' compensation insurance Tenant shall, at least ten (10) days prior to the commencement of operations under this agreement, provide to the Landlord a certificate of workers' compensation insurance, including employer's liability, with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by Landlord's Risk Manager, with a limit of $100,000 per accident, $500,000 disease (policy limit), and $100,000 disease (each employee) in compliance with all state and federal laws.. Tenant shall provide to the Landlord at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to Landlord's Risk Manager, prior to cancellation or modification of any required insurance. 3 273 Tenant shall cause any contractor or subcontractor performing any work on the Leased Premises to provide to Landlord certificates of insurance under the same conditions and with the same policy limits as required of the Tenant. In light of the extended term of this Lease Agreement, Landlord shall have the right at any time upon reasonable notice to Tenant to increase, modify or otherwise change the insurance requirements as set forth in this paragraph, provided that such revised requirements are consistent with the requirements then being imposed by the Landlord upon other users or tenants of Landlord's properties 11. Indemnity SRA agrees to indemnify and hold harmless the County, together with its agents, engineers, employees, officers, elected officials and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by a breach of this Agreement or third party claims, judgments, and expenses to persons or property that may arise, directly or indirectly, from any negligent, reckless, or intentional act or omission of Tenant and persons employed or utilized by SRA. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 12. Repair for Damage. SRA shall repair, cause the repair, or reimburse the County for the repair of, any damage to County's property caused by SRA or SRA's employees, guests, invitees, licensees, or permittees. 13. Compliance with Laws. SRA shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the Main Hub. Violation of any law, rule, ordinance or regulation may result in immediate termination of this Sublease. 14. Default. In addition to the rights granted under paragraph 13 of this Sublease, County shall have the right to terminate this Sublease upon the occurrence of any of the following (each an "Event of Default"): 1) Loss of non-profit corporation status by SRA; 2) Abandonment by SRA of the Main Hub; 3) Default of, non-performance of, or other non- compliance with, any term, covenant or condition of any nature whatsoever under this Sublease to be performed by SRA; or 4) Failure to pay when due any rent, insurance cost reimbursement, or any other expense which could result in a lien being placed upon the Main Hub. Upon the occurrence of an Event of Default, the County shall send a written notice to SRA, in the manner set forth in this Sublease, setting forth the Event of Default in specific detail and the date this Sublease shall terminate in the event SRA does not cure the default. Within thirty (30) days following receipt of a default notice, SRA shall have cured the default to the reasonable satisfaction of County. In the event SRA fails to cure the Event of Default within thirty (30) days, this Sublease shall be deemed to be terminated with no further action by the County, other than providing final written notice to the defaulting party that the Event of Default has not been cured and that the Sublease is terminated. 15. Vacating Main Hub. The SRA is the Transit Service Provider ("TSP") for Indian River County. Should the SRA cease acting as the TSP for the County, then this Sublease shall terminate. In the event of this Sublease terminating due to the SRA ceasing to act as 4 274 the TSP for Indian River County, SRA shall have ninety (90) days to vacate the Main Hub. During this period, SRA understands that another community transportation coordinator may have to use the Main Hub and SRA agrees not to interfere with the new TSP's activities. 16. Assignments or Encumbrances. SRA shall not, in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Sublease, or sublet the Main Hub or any part thereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of County which consent may be granted, conditioned, or withheld at County's sole discretion for any reason. Any such attempted Assignment without County approval shall be null and void. 17. Attorney's Fees and Costs. In the event there arises any dispute or litigation over the terms and conditions of this Sublease, each party shall bear its own attorney's fees, costs, and expenses to resolve that dispute. 18. Notices. Any notices which are required, or which either party may desire to serve upon the other parties, shall be in writing and shall be deemed served when hand delivered, by courier such as Fed Ex or UPS or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to the parties at: SRA: Senior Resource Association, Inc. County: Indian River County Attn: Karen Deigl Attn: County Administrator 694 14th Street 1801 27th Street Vero Beach, FL 32960 Vero Beach, FL 32960 These addresses may be changed by any party by providing written notification to the other parties. 19. Right of Quiet Enjoyment. If and so long as SRA performs all of its obligations under this Sublease, County covenants that SRA shall and may quietly hold and enjoy the Main Hub, subject to any provisions of this Sublease, applicable laws, ordinances, and governmental regulations, and to any governmental actions, and to any taking under the power of eminent domain. 20. Inspection. The County may enter and inspect the Main Hub with reasonable notice at all reasonable hours to ensure the Main Hub is being properly maintained and kept in good condition. 21. Jurisdiction. This Sublease shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Sublease shall be instituted in Indian River County. 22. Waiver of Strict Compliance. Each right, power and remedy of the County and SRA provided for in this Sublease shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Sublease or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, 5 275 does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. County's acceptance of rent does not waive any uncured delinquency or default by SRA. 23. Prior Agreements. This Sublease incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Sublease that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. 24. Severability. If any term, covenant or provision of this Sublease, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable for the remainder of this Sublease, then the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and each and every other term and provision of this Sublease shall be deemed valid and enforceable to the fullest extent permitted by law. 25. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Auditor shall survive the termination or expiration of this Agreement. 26. Execution. This Sublease may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 6 276 IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed by their respective duly authorized representatives as of the date first set forth above. SENIOR RESOURCE ASSOCIATION, INC By: Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Approved as to form and legal sufficiency: Susan Prado Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By: Joseph E. Flescher, Chairman, Board of County Commissioners Date Approved: Attest: Ryan L. Butler Clerk of Court and Comptroller By: Deputy Clerk 7 277 Exhibit A Property Description Portion of City 6torage Yard (#2011-04) Go Line Lease August 18, 2011 EXHIBIT "A" PROPERTY DESCRIPTION LEASE OF NORTHERN PORTION OF CITY STORAAGE YARD PARCEL #33-33-0.1-00000-5000-00005.0 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a portion or the Southwest Quarter of Section 1 lying west of the Florida East Coast Railroad and south of 16th Street as described in Official Record Book 82, Page 503 of the Public Records of Indian River County and being more particularly bounded and described as follows: — Commencing at an Intersection of the south right of way of 160' Street and the west right of way of the Florida East Coast Railroad; Thence South 18°16'56" East along the west right of way of the Florida East Coast Railroad for a distance of 229.69 feet; Thence South 71 "14'23" West for a distance of 304.25 feet; - Thence North 18°35'01" West for a distance of 48.35 feet; Thence North 71 °46'15" East for a distance of 5.08 feet; Thence North 18'25'36" West for a distance of 186.83 feet to point on the south right of way of I Wh Street; Thence North 72°16'52" East along the said south right of way 16'" Street fora distance of 299.89 feet to the Point of Beginning; Said parcel containing 69,870 square feet or 1.60 acres more or less. n v. ti D A O Q- o too 4 R. 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W RESOLUTION NO. 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A TWO-YEAR LEASE WITH THE SENIOR RESOURCE ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION. WHEREAS, the Senior Resource Association, Inc. ("SRA") is a Florida not for profit corporation organized exclusively for religious, charitable, scientific, literary, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986; and WHEREAS, the SRA and Indian River County have agreed on a lease on 1.16 acres of property at for the purpose of using and improving upon the land for the purpose of storing, maintaining, and operating its fleet of buses for a two (2) year term at an annual rate of One Dollar ($1.00) per year commencing on July 1, 2025; and WHEREAS, The Senior Resource Association is the Community Transportation Coordinator (CTC) and Transit Service Provider for Indian River County. The SRA operates a fixed route bus system serving the citizens of Indian River County utilizing over 50 buses. Most of the buses operated by the SRA are titled to Indian River County as the owner of the vehicles. The operation of the buses for the citizens of Indian River County serves a valuable public purpose; and WHEREAS, The SRA's transit system, the GoLine, has steadily increased in ridership, popularity and size, necessitating construction of a main transit hub facility to accommodate passengers and the buses for the various routes; and WHREAS, Effective April 16, 2013, the City of Vero Beach and the County entered into a ground Lease Agreement ("Ground Lease") to provide for a site for the construction of a main transit hub facility on 1.6 acres of City owned land located at 1225 16th Street, Vero Beach, FL; and WHEAREAS, The Indian River Transit Main Hub ("Main Hub") is now in use. The Main Hub includes a 1,000 square foot building, parking lot, covered walkways, covered waiting area and restrooms. The Main Hub was built using grant funds and will continue to be considered a County owned improvement on City owned property; and WHEREAS, The County and SRA now desire to enter into a Sublease Agreement with a five- year term that will allow the SRA to utilize the Main Hub for passenger operations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, pursuant to the authority of Florida Statutes section 125.38, and in accordance with the application made by the Senior Resource Association, the Board of County Commissioners hereby approves and authorizes the Chairman to execute a Lease between the Board of County Commissioners of Indian River County, Florida, and the Senior Resource Association of Indian River County, Florida, Inc. 281 Upon the effective date of the Lease, the prior Lease entered into between the County and the SRA (effective date June 1, 2012) along with Resolution No. 2012-064 approving the prior lease shall both become NULL AND VOID. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this day of May, 2025. Attest: Ryan L. Butler, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS LM Deputy Clerk Approved as to form and legal sufficiency: Susan J Prado, Deputy County Attorney Joseph E. Flescher, Chairman 282 File ID: 25-0482 TO: THROUGH: FROM: DATE: SUBJECT: BACKGROUND Indian River County, Florida MEMORANDUM Type: Consent Staff Report Board of County Commissioners John A. Titkanich, Jr., County Administrator Addie Javed, Ph.D., P.E., Public Works Director April 22, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 Interlocal Agreement with the City of Vero Beach for Canal Clearing at the Jackie Robinson Training Complex (JRTC) The canal located at the Jackie Robinson Training Complex, situated within the City limits, has become significantly overgrown with vegetation. This condition has contributed to flooding issues and raised safety concerns for users of the facility. To address the immediate concerns, the County and City have mutually agreed to a one-time effort to clear and maintain the canal to mitigate the associated risks. The County has received a vendor quote totaling $103,000 to perform canal clearing and grubbing services, which includes hauling off the removed debris. Under this proposed interlocal agreement, the County will proceed with hiring and paying the vendor, while the City agrees to reimburse the County for the full cost using its FY 2025-2026 stormwater utility funds. ANALYSIS This Interlocal Agreement formalizes the cooperative effort between the County and the City to address stormwater management and public safety issues through a one-time canal clearing project. This collaborative arrangement ensures timely remediation of the flooding issue without delay, while respecting each entity's fiscal planning and budget cycles. The agreement also clearly defines that the County's role is limited to this one-time effort and does not create an ongoing maintenance responsibility. Original documents are available for viewing in the Board of County Commissioner's office. BUDGETARY IMPACT The County will initially fund the $103,000 canal clearing project, with full reimbursement from the City no later than September 30, 2026, using the City's FY 25/26 stormwater utility funds. Funding is available in the Transportation Fund/Public Works/Other Contractual Services account, number 11124319-033490. There is no long-term financial obligation for the County beyond this one-time expense. STRATEGIC PLAN ALIGNMENT Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by LegistarTM 283 This project supports the County's goals to enhance infrastructure resilience, promote intergovernmental collaboration, and improve public safety by addressing stormwater and flooding concerns at a key community facility. STAFF RECOMMENDATION Staff recommends approval of the Interlocal Agreement with the City for canal clearing at the Jackie Robinson Training Complex. This cooperative effort provides a timely solution to flooding and safety concerns, aligns with strategic priorities, and ensures full cost recovery for the County. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by LegistarTM 284 Dear Brad: John Brown & Sons Inc, is pleased to quote you on canal clearing andgtUbbing at Jackie Robinson Training Complex, per attached reap. These machine rates are based on Indian River County contract #2025014 pricing_ Total Price 5103,000.00 This quote is good for 90 days Thank you for the opportunity *qu #*pmjWL If we can be of any further assistance please do not hesitate to call. Sincerely, s � � *� ! ,AN ;§ r „ 18Z s0Q0 F- LLIi W m Z>- = W m W m � Q F- W m Q Z(F% �m O_mJZ0 z O W p m ���OH Z Z J m jr W E. �Z(n wmLU_dOf >-33v Co LL- 0 0 �.> JMOOW Wp J M s F- CL m -�O� UW O w>- ZZW0W rz �, (n O d >- w Ana LL U-�_ Y C9 F Q Q F- 3aW OOUjQ afQW0UpU LU HLL-WLL-m Q (n ZW W N . aoz J�WLL. Z JZ -J O �T Jp_pccmp0 U/QM�U_ W ccmc \ it k J L F W G w0OJdU > mW - 0 (n2JWJOW ZL��OWJO' �F- LLILi- n QOr�n�wLL ( > O a a w Z � CV O QIr J be >>J OM � > m H C3 Y Z of — 0 z m J �_� LU Wx Q W Q � a Z Cn _ - - - w z AIR V) O ZY W CL V oma zW O ? mJ 7 D ZF- 'WLUZ O W ZZ<OW DJN W Z(n< Oza=m�0�? z LL �w Z YOf F- (n V„ .. W V�~ Q� o Cl) o zaul p � Y Q 3 zz Of ,r jLW X2OzOF- O -W zzmp} V 0 Taw >-() >> Oa a 3 co < v <Yo -1w-i ()coZiL W O �ZLUZ - LU 2 F-�� OZO�O QF- -w3: QpO z w 0Z0zQ m m v=i�zFW-zWO=O< D_� zwo - d WOMMW O Q co W LL owzLL W oozzWZw OXW OZ<W >O 0 JWoUYOMD~ - Ldp p_j IL Li o z z�wW=zQ3X� �W(n naXwO> w Qa�izQm W Q�InW Ye W W QXzm� W -W_j Lu ul�} 0z(U ww(L -i r Q �w2-F-xw�zz OQU ��Q �Z)CL UaF-�QH>Q-¢ -iQ (L<— w_ 0 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH REGARDING CANAL CLEARING AT THE JACKIE ROBINSON TRAINING COMPLEX THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this day of , 2025 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and the CITY OF VERO BEACH, a Florida municipal corporation ("City"). BACKGROUND RECITALS Whereas, The County and City agree that the canal at the Jackie Robinson Training Complex, which is located within the City limits, is overgrown with vegetation; and Whereas, the County has agreed to hire a vendor to perform canal vegetation clearing, debris removal, and possible small scale de -watering, at the Jackie Robinson Training Complex and the City has agreed to reimburse the County for the cost of the canal clearing with stormwater utility funds, which will be available in the FY 25/26. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable considerations, and intending to be legally bound, the County and the City hereby and agree as follows: 1. County Canal Clearing. Upon execution of this Interlocal, the County agrees to hire and pay a vendor to clear the canal located at the Jackie Robinson Training Complex. The County vendor shall properly dispose of all material removed from the canal. The County has received a quote for the work in the amount of One Hundred and Three Thousand Dollars ($103,000), which is attached as Exhibit A. Once the work is completed, the County agrees to send the City documentation to verify the completed work and also a receipt demonstrating the vendor has been paid in full. If the County vendor encounters unforeseen issues that would have the effect of increasing the attached quote for the work, the County agrees to obtain City consent for any change orders that would increase the cost of this work. The limits of work are shown in the Jackie Robinson Canal Clearing drawing, drawn by the City of Vero Beach Public Works Department and dated 4/2025 attached as Exhibit B. Any work performed beyond the limits shown is not considered a reimbursable expense. Canal clearing shall occur only when environmental conditions permit equipment access. Vegetation along the canal shall be cleared in a manner to minimize the potential for new bank erosion i.e., root systems and vegetation providing stabilization shall remain intact where possible. 2. City Reimbursement. The City agrees to reimburse the County the cost for the canal clearing, in an amount not to exceed One Hundred and Three Thousand Dollars ($103,000). The City agrees to make this payment to the County out of its FY 25/26 stormwater utility funds and the payment will be made no later than September 30, 2026. 3. Relationship of the Parties. The County and the City are not partners or joint ventures or agents of each other with respect to the canal clearing project. The County's 288 intention is to help facilitate the canal clearing for one time and it does not intend to undertake any regular maintenance obligations for this canal. 4. Notices. Indian River Cou Indian River County Attn: Public Works Director 1801 27th Street, Building A Vero Beach, Florida 32960 City of Vero Beach: Attn: City Manager The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. 5. Governing Law/Venue. The validity, interpretation, construction, and effect of this agreement shall be in accordance with and governed by the laws of the State of Florida only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 6. Merger/Modification. This agreement incorporates and includes all prior and contemporaneous negotiations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained herein. It is further agreed that no modification or amendment in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. 7. Invalidity/Severability. If any term or provision of this agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 8. Weather Delay. The County intends to complete the project in Fiscal Year 2025, weather permitting. Should weather events lead to conditions that preclude the completion of the project, the County may delay work until conditions are suitable. This may lead to work being performed in Fiscal Year 2026. In the event of excessive or continuous rainfall that 2 289 materially prevents or delays the performance of the work described in this Agreement, either party shall have the right to terminate this agreement without penalty upon providing written notice to the other party. Upon such termination, the Contractor shall be compensated by the County for all work performed up to the effective date of termination, and both parties shall be released from any further obligations under this Agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first written above. Attested: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") 0 Joseph Flescher, Chair Approved by BCC: MKiR&I Approved as to form and legal sufficiency: By: Ryan Butler, Clerk of Courts By: Attested: Bv: Sherri Philo, City Clerk Jennifer W. Shuler, County Attorney CITY OF VERO BEACH ("City") Approved by City: By: John Cotugno, Mayor By: Monte Falls, City Manager .2024. Approved as to form and legal sufficiency: BV: John Turner, City Attorney 3 290 4 291 Indian River County, Florida * * MEMORANDUM �IOy' File ID: 25-0538 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Nancy A. Bunt, Assistant County Administrator FROM: Addie Javed, P.E., Public Works Director DATE: April 29, 2025 SUBJECT: Local Option Gas Tax Distribution Percentages 9c. Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 BACKGROUND The County's six cent Local Option Gas Tax program was adopted in 1986 with the County sharing the revenue by interlocal agreements with the five municipalities within the County using the following mutually agreed upon formula below. "The percentage of total revenue allocated to each eligible entity equals one-third of the entity's percentage of total equivalent lane miles of road plus one-third of the entity's percentage of transportation expenditures over the previous five years plus one-third of the entity's total percentage of population residing in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research." In 1995 County staff met with representatives of all five municipalities to discuss extending the program, and on June 6,1996 the Local Option Gas Tax agreement was extended for the next 30 years. It terminates on August 31, 2026. ANALYSIS Annually the Local Option Gas Tax Distribution Chart is updated and presented to the Board of County Commissioners and the five municipalities in May to approve a revenue distribution formula for the Local Option Gas Tax. The approved distribution formula is then submitted to the Department of Revenue by the deadline of July 13t As required by Chapter 209 of the Indian River County Code, the Board of County Commissioners conducts a Public Hearing every two years in May to approve a revenue distribution formula for the Local Option Gas Tax. This tax revenue is shared with the five municipalities based upon the agreed upon formula. The last Public Hearing was May 21, 2024. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by LegistarT, 292 BUDGETARYIMPACT The County and the five municipalities will share the Local Option Gas Tax revenue generated per the approved 2025/2026 distribution chart. These revenues will be deposited into the County's Secondary Roads fund, account number 109031-312410. For FY 24/25 the amount budgeted is $3,695,125. PREVIOUS BOARD ACTIONS Six cent Local Option Gas Tax program adopted in 1986 Approval of the Local Option Gas Tax agreements June 6, 1996 Approval of the Local Option Gas Tax Distribution Chart annually and a Public Hearing every other year. POTENTIAL FUTURE BOARD ACTIONS A Public Hearing to be conducted by the Board of County Commissioners in May 2026, per Chapter 209 of the Indian River County Code. Review and adoption of new interlocal agreements between Indian River County and the five municipalities relating to the distribution formula for the Local Option Gas Tax, prior to the termination of the current agreements on August 31, 2026. STRATEGIC PLAN ALIGNMENT Fiscal Responsibility and Transparency: Aligning distributions with asset management plans and ensuring effective stewardship of taxpayer resources. OTHER PLAN ALIGNMENT Support Mobility and Access Goals Tie distribution to supporting equitable transportation access across all regions (urban, suburban, rural) of the county. STAFF RECOMMENDATION Staff recommends approval of the 2025/2026 revenue distribution percentages and submitting the approved Local Option Gas Tax distribution percentages to the Department of Revenue by the deadline date of July 1, 2025. 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N n ((0 ur ca ca (D N M w N N D D CL y Q) c C N 0 0 0 O 7 co V -0 Cl) 00 2) CN O c O (M(D Cl) O M N M O N O N m E } O (D O O O 0 @ m W `O c � D @ 0 0 0 D n N O oO v M a Z) m * 0? N 't 00 M u @ -0 (p M N t` N O to 00 c 8 (n Cl) c'i 01 Lf D L. o Q T CD CD 0 Cl) LO r- O D C c N 0) (D 00 rn L rn cp � a E N N N -0 0 O d @ O E O � N N O O o E C) O n c 9 c v E 00 00 LO 00@ CN' 00 M 'IT c y w O 0) 0) O � C@ O 7 O O d D O O mea p D @ N � O L O (D N N O Cl) 0 (D f0 O C T N 0 O O O M D O O ` n w .? OO 0 N n N n y O c T D D •= OJ C @ U O C � D D @ D 07 N L D N C_ C l() O CO N W C O C D 'O N 0 W O m D Q Q O- U 0 0 Z N Z N C _ o U O U m o LL Of E c w O O a a LL D w W 0 @ Q Q DO z o_ a J J � � Z a W O N � V �` m d d > N N D D O O a a w a of IL X v w N T a (5 Lo * rn N Indian River County, Florida MEMORANDUM File ID: 25-0551 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Adam Heltemes, P.E., Roadway Production Manager FROM: Jill Williams, Contract Support Specialist DATE: May 05, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Work Order No. 20 Kimley-Horn & Associates, Inc. 1St Street SW & 271 Avenue Intersection (IRC -1231) BACKGROUND In 2017, Work Order No. 12 was issued to Kimley-Horn & Associates, Inc. to provide preliminary traffic signalization plans for the 1st Street SW and 271 Street intersection. ANALYSIS Work Order No.20 in the amount of $239,900 to Kimley-Horn & Associates, Inc. is to provide design services to reconstruct 1St Street SW and 271 Street intersection to include dedicated eastbound and westbound left -turn auxiliary lanes, mast arm signalization with pedestrian movements, pedestrian facilities along the north side of 1st Street SW between 29' Avenue and 24' Avenue and to minimize FPL transmission pole impacts. BUDGETARYIMPACT Funding in the amount of $50,000 is budgeted and available in Traffic Impact Fees/District 11/1 It St SW & 271 Ave Left Turn Lane, account number 10415241-066510-24001. The additional $189,900 needed to cover Work Order No. 20 will be made available via line transfer. If no excess funding is available from another account, staff will return with a budget amendment to cover the $189,900 needed from Traffic Impact Fees/Cash Forward Oct 1 It. PREVIOUS BOARD ACTIONS On May 2, 2017, the Board approved Work Order No. 12 in the amount of $23,140 to Kimley-Horn & Associates, Inc. POTENTIAL FUTURE BOARD ACTIONS Award of bid for the construction of 1 St Street SW and 27th Street intersection improvements. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by LegistarTM 295 STRATEGIC PLAN ALIGNMENT This action aligns with the County's Infrastructure Strategic Plan - planning, managing and maintaining critical public infrastructure in response to our current needs, future demands and the expectations of our community. STAFF RECOMMENDATION Staff recommends approval of Work Order No. 20 to Kimley-Horn & Associates, Inc. authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 20 on their behalf in a not -to -exceed amount of $239,900. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by LegistarTM 2 96 IRC -1231 1st Street SW & 27th Avenue Intersection ENGINEERING SERVICES WORK ORDER 20 This Work Order Number 20 is entered into as of this _ day of , 2025 , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN & ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B of the Agreement (Rate Schedule) for RFQ 2023015, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN & ASSOCIATES, INC. By: Name: Title: BOARD OF COUNTY COMMISSONERS OF INDIAN RIVER COUNTY: Joseph E. Flescher, Chairman BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 297 1st Street SW & 2711 Avenue Intersection Improvements EXHIBIT A SCOPE OF WORK The COUNTY desires to reconstruct the 1st Street SW and 27th Avenue intersection to include the following: • Dedicated eastbound and westbound left -turn auxiliary lanes • Mast -arm signalization w/ pedestrian movements • Pedestrian facilities along the north side of 1St Street SW between 29th Avenue and 24th Avenue • Minimized Florida Power and Light (FPL) transmission pole impacts The County agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with a geotechnical investigation, traffic counts, preliminary data or reports available, existing location surveys, topographic survey, and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the County pertinent to the project. C. The County shall make provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform his services. D. The County will promptly execute all permit applications and provide application and review fees necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. E. The County will pay for all jurisdictional agency permit fees. The PROJECT LIMITS are projected to extend 1,200 feet east and west from 27th Avenue along 1St Street SW and 300 feet north and south along 27th Avenue from 1St Street SW for a total project length of 3,000 feet (O.S7 miles). A. Roadway Analysis and Plans: Roadway set of plans shall consist of the following: 60% 90% 100% Cover Sheet C C F Summary of Pay Items P C F Typical Sections C C F Summary of Quantities & General Notes P C F Summary of Drainage Structures Sheets P C F Project Layout C C F 298 1st Street SW & 2711 Avenue Intersection Improvements Plan and Profile Sheets (40 scale) C C F Intersection Plan & Details P C F Special Details P C F Drainage Structure Sheets P C F Roadway Soil Survey P C F Cross Sections at 100 ft intervals P C F Stormwater Pollution Prevention Plans P C F Signage & Pavement Marking Plans (40 scale double plan) C C F Signalization Plans P C F Construction Cost Estimate and Quantities C C F Notes: P — Preliminary, C — Complete, but subject to change, F - Final The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. Initial, interim and Final Plan Submittal shall include the following: i. Three (3) Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. 299 1st Street SW & 2711 Avenue Intersection Improvements B. Drainage Analysis and Plans: Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the County, St Johns River Water Management District (SJRWMD) and Indian River Farms Water Control District (IRFWCD) design criteria. The work will include the analyses for the following: a. Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grades. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent storm water ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. Design of Storm Drains Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design tailwater and, if necessary, outlet scour protection. c. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specific SWPPP is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. C. Jurisdictional Permitting: The Consultant shall prepare a permit application to IRFWCD and a permit exemption verification request to SJRWMD for submittal on behalf of the County. This will consist of all required evaluation, design, coordination, and follow-up work necessary to support permit applications. The County will review the permit applications as necessary. The Consultant shall assemble and be responsible for the final submittal. The Consultant shall prepare permit sketches for submission by the County to SJRWMD for dredge and fill activities, if necessary. The Consultant shall submit all permit sketches on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed and sealed, and reproducible. The Consultant will coordinate on the behalf of the County with each agency identified in this task. This may include up to one (1) meeting with the agencies to discuss requests for additional information (RAI), and written responses to one (1) request for additional information (RAI) including plan modifications. This scope assumes that mitigation measures will not be necessary or required. This scope assumes that coordination with US Fish and Wildlife Service through the preparation of Biological Assessments or Biological Opinions will not be required. Permit application submittals will be made following the 90% plan set submittal approval by the County. 300 1st Street SW & 271h Avenue Intersection Improvements D. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. All plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. Plans will be included with the roadway plans and submitted as indicated above. E. Utilitv Coordination: The CONSULTANT will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. F. Signalization Plans: Mast -arm traffic signal configurations at the 1st Street SW and 27th Avenue intersection will be designed to meet current County and FDOT standards. Luminaires will be provided on each mast arm pole. The pole analysis and design of the signal systems will be completed and submitted to County for review. Signalization plans will be included with the roadway plans and submitted as indicated above. 301 1st Street SW & 27th Avenue Intersection Improvements FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Roadway Analysis and Plans Drainage Analysis and Plans Erosion Control and SWPPP Jurisdictional Permitting Signing and Marking Plans Utility Coordination Signalization Plans Labor Fee $ 117,540 $ 25,870 $ 8,750 $ 26,770 $ 13,000 $ 10,590 $ 37,380 Project Total $ 239,900 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 302 1st Street SW & 2711 Avenue Intersection Improvements TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately eight (8) months from the Notice to Proceed (NTP). NTP Upon BOCCApprovaI Phase II Submittal (60% Design Plans) 4 months following NTP Phase III Submittal (90% Design Plans) 6 months following NTP Phase IV Submittal (Final Design Plans) 8 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 303 m (0 E E CD M m m ct N O O W NO O N Lo M O CO ++ C (n I— EH 64 V W� q CO CO O N O N CO CO N M CO W Cl) L d N V Ln = P t CP r y d � O 0 O (D LIi Lo 0 N 0 N CA _ O N N y � O 69 � Cfl O WLoMlqmmO Cn W V CO co M L� Q 4) y Ln � ; y _O N 2 64O CL vCOoI�m Wo = In M Co F M W CO O r O o O N 64 d N O 64 CL N N O V IT V W O O O V R Q O N co 0) .T CA M O= M c rfl 69 L a T T mm u u n u U. li Li Li 0 y �a a C R 10— c o IL Ycmayi y = = y O 0 d tiO Y = T) y y :+ R i CD C6 d R a CLc o = Q Q d O O :. O cam`-'Uc� �+ N _. o c E_'cc on do._._ oWompmCo. ora CD M N O a CD M N (0 C_ LL. N W o y y\ C 0 O N o E O o N m Co 00 C U D N O .` ? 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Titkanich, Jr., County Administrator David Johnson, Emergency Services Director FROM: David Rattray, Deputy Fire Chief Department of Emergency Services DATE: May 2, 2025 SUBJECT: Approval for Purchase of Fire Station Cabinets BACKGROUND N/A /Y Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 ANALYSIS Indian River County Fire Rescue budgeted for the purchase of replacement of station cabinets. We have a total of $ 140,000.00 specifically allocated for cabinet replacement for 4 Fire Stations (Stations 2,3, 9 and 12) at a price of $ 33,509.00 per station. The company has a patent that they possess and due to this we are requesting the Board to waive the requirement for bids. The design and materials of these cabinets allow us to remove the old ones and replace them with the new ones without having to replace the stainless steel tops and floor tiles. These materials are also low -oxide, resistant to structural damage by insect, have a waterproof vented system, paintable for future repair and increased durability in our adverse environments. We believe this product is superior to others and would maximize the life of our current kitchen spaces. BUDGETARYIMPACT Funding for the replacement of fire station cabinets, in the amount of $ 140,000, is budgeted and available in the Emergency Services District/Fire Services account number 11412022-066390. Account Name ccount Number jAmount Emergency Services District/Fire Services 11412022-066390 1$134,036 POTENTIAL FUTURE BOARD ACTIONS This vendor will be used for future station cabinet replacements. STRATEGIC PLAN ALIGNMENT Infrastructure Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by I_egistar" 312 STAFF RECOMMENDATION Staff recommends the Board authorize to waive the requirement for bids for the purchase of replacement of Fire Station Cabinets and to issue a Purchase Order in the amount of $134,036. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistarn 313 Brandt's Appliance Service BREAKDOWN 6880 US Highway 1 Vero Beach, FI. 32967 772-226-7440 Vame, Address and Telephone Numbers for the Paying Party INDIAN RIVER FIRE DEPARTMENT PO# 00097044 MUST CTM # 00097044 MUST CT 4225 43RD AVENUE VERO BEACH, FL 32967 !Name, Address and Telephone Numbers for the Service Location (if different from above) STATION 2 KEVIN WHITE kwhite@indianriver.gov 3301 BRIDGE PLAZA DR VERO BEACH, FL 32963 772-559-4167 '—KE\ftf+t Description of Symptoms and/or Customer's Request NEED TO LOOK AT CABINETS- THEY NEED SOMETHING THAT LAST- CALL TO MEET 30MINS >ervice Performed SEAN, 1:06 PM Invoke Number 410009BREAKDOWN ` Date Order Taken and Completed 214/25 Item Make and Type Purchase Date Model and Serial Numbers Parts Used 1 PAGE 1 *PARTS* TOTAL 24,233.00 24,233.00 1 PAGE 2 *PARTS* TOTAL 6,076.00 6,076.00 1 *LABOR ESTIMATE* 3,200.00 3,200.00 Record of Times at Location Payments Received Parts Total 33,509.00 Service Call Labor Technician's Signature Customer Signature Sales Tax 0.00 Sean S. % Invoice Total � 33,509.00 Copyright 2025 by Rossware Computing (www.rossware.net) 314 Brandt's Appliance Service 6880 US Highway 1 Vero Beach, FI. 32967 772-226-7440 Name, Address and Telephone Numbers for the Paying Party INDIAN RIVER FIRE DEPARTMENT - PO# 00097044 4225 43RD AVENUE VERO BEACH, FL 32967 kwhite@indianriver.gov Name, Address and Telephone Numbers for the Service Location (if different from above) STATION 2 KEVIN WHITE 3301 BRIDGE PLAZA DR VERO BEACH, FL 32963 772-559-4167 PAGE 1 OF 2 )escription of Symptoms and/or Customer's Request 75% DEPOSIT REQUIRED TO PLACE OREDER - 3% PROCESSING FEE FOR CREDIT CARDS - BRANDTS IS NOT RESPONSIBLE FOR ELEC/GAS/PLUM/GRANITE NOT INCLUDED IN PRICE - LABOR IS ESTIMATE ONLY. PRICES GOOD FOR 30 DAYS. DUE TO ALUMINIUM PRICES GOING UP. Invoice Number 410009PG1 Date Order Taken and Completed 03/24/2025 Item Make and Type Purchase Date Model and Serial Numbers 6ervice Performed SEAN, 1:06 PM - NEED TO LOOK AT CABINETS- THEY NEED SOMETHING THAT LAST- CALL TO MEET 30MINS - CABINETS ARE CUSTOM BUILT TO USE EXISTING SIS COUNTER TOPS - DEMO OLD CABINETS. Parts Used ALL CABINETS 24" DEEP 1 DDR30 30" DOUBLE DOOR WITH DRAWERS 2,661.00 2,661.00 1 DDR30 30" DOUBLE DOOR WITH DRAWERS 2,661.00 2,661.00 1 SNK36 36" SINK BASE 2,761.00 2,761.00 1 DDR18-RH 18" DOOR DRAWER BASE 2,016.00 2,016.00 1 CUSTOM 20" DOOR DRAWER BASE 2,189.00 2,189.00 1 CUSTOM 20" DOOR DRAWER BASE 2,189.00 2,189.00 "UPPER CABINETS" 1 CUSTOM 30" UPPERS DOUBLE DOORS 1,788.00 1,788.00 1 CUSTOM 30" UPPERS DOUBLE DOORS 1,788.00 1,788.00 1 CUSTOM 30" UPPERS DOUBLE DOORS 1,788.00 1,788.00 1 CUSTOM 21" SINGLE DOOR 1,588.00 1,588.00 2 CUSTOM 18" UPPERS 1,402.00 2,804.00 SEE PAGE 2 FOR MORE PRICING Record of Times at Location Payments Received Parts Total � 24,233.00 i Service Call Labor 3200.00 Technician's Signature Customer Signature ' Sales Tax Sean S. Invoice Total 27,433.00 Copyright 2025 by Rossware Computing (www.rossware.net) 315 Brandt's Appliance Service 6880 US Highway 1 Vero Beach, FI. 32967 772-226-7440 PAGE 2OF2 Name, Address and Telephone Numbers for the Paying Party INDIAN RIVER FIRE DEPARTMENT PO# 00097044 MUST CTM # 00097044 MUST CT 4225 43RD AVENUE VERO BEACH, FL 32967 Name, Address and Telephone Numbers for the Service Location (if different from above) STATION 2 KEVIN WHITE kwhite@indianriver.gov 3301 BRIDGE PLAZA DR VERO BEACH, FL 32963 772-559-4167 )escription of Symptoms and/or Customer's Request NEED TO LOOK AT CABINETS- THEY NEED SOMETHING THAT LAST- CALL TO MEET 30MINS service Performed SEAN, 1:06 PM Invoice Number 410009PG2 Date Order Taken and Completed 2/4/25 Item Make and Type Purchase Date Model and Serial Numbers Parts Used 2 CUSTOM 18" UPPERS 1,402.00 2,804.00 2 CUSTOM 18" UPPERS 1,402.00 2,804.00 4 CUSTOM FILLER STRIPS 117.00 468.00 Record of Times at Location Payments Received Parts Total 6,076.00 Service Call Labor Technician's Signature Customer Signature Sales Tax 0.00 Sean S. 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Scc appliCIlLiOn fill: J'til comple ir. search hisiLory ftnus such is iwvects-'M- 1,1111cwfc furiliel provitic-N adjust abl: Ijrjjq),X fC:'qjLjl't4 and ti YcritiMP 3yStt;11`4 U-) mak,: Olv- 4 ht Refrinvilices Chill stmetun, more uirriwf-J than Prior "irl dev-ie(:tj With krepard t(l wtkutawry venurk-, requivrillems, Tbo VAfFN*l DOCI MEN75, a1yi1 IircisiJt.S tot, jc3,troait- monitoring, ,nat 124C 15 mo" Akft Who o* -i'm It 21 Dr-,tvving Sheets 5 if, I A Sr 18 -mipow. owomi 24 52 5 -j , 1 " ; 10 56 2 0 F , - I 4' 46 28 44 j 26 62 441, 44 Obi 64 54 22 32 Indian River County, Florida * * MEMORANDUM �tpA qo Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0550 Type: Consent Staff Report Meeting Date: 5/20/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Emergency Services Director FROM: Karen Rackard, 911 Coordinator DATE: May 2, 2025 SUBJECT: Approval of Agreement for Upgrade to Public Safety Land Mobile Radio Network BACKGROUND The Emergency Services District, Sheriffs Office, School District, local municipalities and public safety departments, use a microwave transmission system as part of their primary public safety land mobile radio network, maintained and owned by the district. Improvements are necessary to enhance redundancy, reliability and resilience. ANALYSIS Communications International is the Board -approved radio communication system service provider, and has provided a quote, scope of work, and agreement for upgrades to this microwave system. These upgrades will provide additional microwave paths for transmission and additionally microwave equipment to improve redundancy with the network. These enhancements will reconfigure the microwave infrastructure to a ring configuration. The purpose of this change is to mitigate service interruptions due to hardware failure or weather events. Information relating to the specific public safety equipment and locations is exempt from public disclosure, as described in sections 119.071(3)(d) and ii9.o725(i)(b), Florida Statute. The quote, scope of work, and agreement are available for review by the Board in the Procurement Division. The timeline to complete the proposed improvements is 135 days from notice to proceed. BUDGETARY IMPACT Funding, in the amount of $575,000, is currently budgeted and available in the General Fund/Communications/Tower Capital Outlay account, number 00110719-066495• The additional $82,197.08, for a total of $657,198.08, will be made available via budget amendment. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by LegistarT° 321 Account Number ccount Description 0 a 00110719-066495 eneral Fund/Communications/Tower Capital Outlay 657,197.o8 PREVIOUS BOARD ACTIONS March 1, 2011- Designated Communications International as the Sole Source Provider for Communication System Service. STRATEGIC PLAN ALIGNMENT Public Safety OTHER PLAN ALIGNMENT Interoperability between different radio systems. STAFF RECOMMENDATION Staff recommends the Board waive the requirement for bids for the necessary improvements and authorize the Chairman to execute the agreement with Communications International, after review and approval by the County Attorney as to form and legal sufficiency. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by t_egistarTM 322 Indian River County, Florida * * MEMORANDUM �IpA File ID: 25-0542 1r Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Consent Staff Report Meeting Date: 5/20/2025 TO: Board of County Commissioners THROUGH: John Titkanich Jr., County Administrator Kylie Yanchula, Natural Resources Director FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist DATE: February 26, 2025 SUBJECT: Florida Fish and Wildlife Conservation Commission Manatee Speed Zone Rule Review Committee Request BACKGROUND The Manatee Sanctuary Act, F. S. 379.2431(2) authorizes the Florida Fish and Wildlife Conservation Commission (FWC) to establish manatee protection rules. FWC establishes speed and vessel restrictions where necessary to protect manatees from vessel collisions and harassment. The rule making process is outlined in Rule 68C-22 of the Florida Administrative Code. FWC initiates the evaluation process to determine if a new or amended rule may be warranted for the protection of manatees. The evaluation includes population density, manatee use, boating use, and waterway characteristics. Once a new or amended rule is needed, it must follow the rule making process required in the Administrative Procedures Act, the Manatee Sanctuary Act, and the Uniform Rules of Procedure related to rule making. The process to amend current rules is as follows: 1. Notify the affected county government that FWC is proposing new or amended manatee speed zones. The county has 60 days to form a Local Rule Review Committee (LRRC) to review the rule proposal and submit a written report for consideration. The LRRC consists equally of waterway users and environmental stakeholders. 2. FWC publicly announces the need for a new or amended rule for manatee protection purposes in the county. 3. FWC provides the preliminary rule proposal and data to the LRRC. The LRRC has 60 days to review and submit its report to FWC. 4. FWC reviews the LRRC report and prepares a response. 5. If FWC Commissioners decide rule making is needed, a public comment notice is published. 6. A final public hearing is held by FWC Commissioners during a regularly scheduled FWC meeting. FWC Commissioners vote to adopt the proposed rule with or without changes. 7. If adopted, a Notice of Change is published. 8. Rules become effective 20 days after being adopted but are not enforceable until signs are posted. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by Legistar m 323 FWC is proposing changes to manatee speed zones in Indian River County. A formal request from FWC was mailed on May 131 to the Board of County Commissioners. Per the letter, the County has 60 days to form a LRRC. Per the requirements outlined by FWC, the committee must include an equal number of waterway users and environmental/marine mammal experts. The LRRC should include the local biologist from the Save the Manatee Club but may not include FWC biologists or government staff. In addition to the formation of the LRRC, County staff will assist FWC by scheduling and hosting the LRRC meetings. FWC will lead all meetings and facilitate the rule review process. Staff propose an LRRC of 14 members with each District Commissioner appointing two (2) members, of the two members one (1) shall be a waterway user (such as fishers, boaters, water skiers, etc.) and one (1) shall be a manatee advocate or other environmental advocate. The remaining 4 members shall be based upon applications submitted directly to the Lagoon Division and reviewed and approved by staff. The final composition of the committee shall be comprised of fifty percent waterway users and fifty percent manatee advocates or other environmental advocates as governed by §379.2431 (2)(f), FS. ANALYSIS N/A BUDGETARYIMPACT Staff time, currently budgeted and funded from the Lagoon Division in the General Fund, would be the only cost incurred in relation to formation of the Local Rule Review Committee. PREVIOUS BOARD ACTIONS Between 1989 and 1992, the County in cooperation with the Florida Department of Environmental Protection Division of Marine Resources, Bureau of Protected Species Management (now FWC) established manatee protection speed zones. The speed zones were adopted in July of 1992 and sign posting was completed in July 1993. POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT Manatee Protection Plan STAFF RECOMMENDATION Staff recommends the Board of County Commissioners authorize staff to form a Local Rule Review Committee for the proposed FWC rule changing manatee speed zones within the Indian River County section of the Indian River Lagoon. Staff recommends each Board member appoint two (2) members to the LRRC consisting of one (1) waterway user and (1) manatee/environmental advocate. Staff recommends the Board authorize staff to solicit applications for and approve the remaining 4 members. Staff also recommends the Board authorize staff to be the liaison between FWC and the Local Rule Review Committee to facilitate the local rule review process. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistarn, 324 Local Rule Review Committee - - Name: Occupation: Phone Number: Email: Street Address: City: Zip: Provide a brief statement on your background and experience as a waterway user, environmental advocate or manatee advocate: Why would you be a valuable asset to the Local Rule Review Committee: 325 Indian River County, Florida * * MEMORANDUM File ID: 25-0560 Type: Department Staff Report TO: Board of County Commissioners THROUGH: John Titkanich, Jr.; County Administrator FROM: Chris Balter; Planning and Development Services Director DATE: May 5, 2025 13 IA Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Oslo Road Corridor Study - Recommendations for Urban Service Boundary (USB) Expansion and Corridor Planning It is requested that the data and recommendations herein be given formal consideration by the Board of County Commissioners at its regular meeting scheduled for May 20, 2025. BACKGROUND Following significant growth trends and recognizing increased development pressures along Oslo Road, Indian River County commissioned the Planning and Development Services Department to undertake the Oslo Road Corridor Study. This initiative builds upon previous assessments, including Inspire Placemaking Collective's recent Urban Service Boundary (USB) Study and ongoing infrastructure improvements associated with the Oslo Road / I-95 interchange. This study comprehensively reviewed demographics, land use, zoning, transportation infrastructure, environmental constraints, and adjacent municipality planning efforts. Extensive public engagement was integral to the study, including online surveys and multiple in-person workshops, ensuring community -driven recommendations. Community feedback emphasized preferences for maintaining rural character, low-density development, strategic commercial nodes, preserving agricultural land, and enhancing environmental stewardship. ANALYSIS The analysis undertaken during the Oslo Road Corridor Study evaluated several critical factors impacting future development and sustainability within the Corridor: 1. Demographic and Socioeconomic Trends: Population growth forecasts indicate an additional 42,698 residents by 2050. The current Urban Service Boundary (USB) can accommodate this growth; however, strategic expansion is necessary to manage concentrated development pressures around the new Oslo Road / I-95 interchange effectively. Indian River County, Florida Page 1 of 4 Printed on 5/15/2025 powered by Legistar" 326 2. Land Use and Zoning: Existing conditions reflect predominantly agricultural and vacant lands, with significant potential for controlled commercial and industrial development. Rezoning activities require careful management to align with community preferences and the County's strategic vision. 3. Transportation and Infrastructure: Infrastructure improvements associated with the new I-95 interchange are anticipated to significantly enhance connectivity and accessibility, thereby catalyzing economic development opportunities within the Corridor. Addressing transportation network improvements proactively is essential to avoid congestion and infrastructure strain. 4. Environmental Constraints: Environmental analyses identified sensitive wetlands, floodplains, and conservation areas. Development guidelines must balance growth with environmental stewardship to mitigate ecological impacts effectively. 5. Community Preferences: Community engagement highlighted the desire for low-density, aesthetically pleasing developments emphasizing open spaces, parks, agricultural preservation, and a cohesive corridor theme that maintains the rural charm and character of Indian River County. BUDGETARY IMPACT N/A PREVIOUS BOARD ACTIONS At a special call meeting on October 30, 2024, regarding the Urban Service Boundary Study, the Board of County Commissioners directed the Director of Planning and Development Services to conduct an in-depth analysis of the Oslo Corridor, solicit public input, and return to the Board with findings and recommendations in May 2025. POTENTIAL FUTURE BOARD ACTIONS If the Board elects to proceed with Options 1, 2, and 3, staff will bring forward the following coordinated items for formal consideration by both the Planning and Zoning Commission and the Board of County Commissioners: Comprehensive Plan Map Amendment - Urban Service Boundary Expansion Staff will initiate a Comprehensive Plan Map Amendment to expand the Urban Service Boundary (USB) westward along Oslo Road/9th Street SW. The proposed expansion includes the area between 58th Avenue SW and 74th Avenue SW, bounded by 5th Street SW to the north and 13th Street SW to the south, and further west to 98th Avenue SW within the same north -south limits. This expansion will incorporate approximately 2,180.3 acres. The expansion is intended to accommodate anticipated growth, support economic development, and leverage improved connectivity from the new Oslo Road/I-95 interchange. Ordinance - Temporary Moratorium on Rezoning Applications Staff will propose an ordinance implementing a six-month temporary moratorium on rezoning applications within the expanded Oslo Corridor. This temporary pause will allow time for the Planning and Development Services Department to review and update Future Land Use designations and to draft appropriate development standards and architectural guidelines. If necessary, staff may recommend extending the moratorium for an Indian River County, Florida Page 2 of 4 Printed on 5/15/2025 powered by LegistarTM 327 additional six months to ensure adequate time for planning and public engagement. Ordinance - Establishment of the Oslo Corridor Overlay District Staff will prepare an ordinance to establish the Oslo Corridor Overlay District. The Overlay District will introduce specific regulations related to zoning, permitted uses, design aesthetics, landscaping, and building placement. The intent is to guide cohesive development that aligns with community expectations and enhances the visual identity of this emerging gateway corridor. Alternative Option Alternatively, the Board of County Commissioners may opt not to expand the existing Urban Service Boundary. Under this scenario, current zoning and Future Land Use designations would remain in effect, eliminating the need to establish a Corridor Overlay District or implement a temporary moratorium. No further Board action would be required at this time. STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT This initiative aligns with the goals and objectives of the Indian River County Comprehensive Plan and is consistent with the County's Land Development Regulations. The evaluation of the Oslo Corridor supports the County's broader vision for sustainable growth, infrastructure planning, and responsible land use management. STAFF RECOMMENDATION Based on thorough analysis and extensive community engagement, the Planning and Development Services Department presents the following strategic recommendations for inclusion in the upcoming Comprehensive Plan update: 1. Urban Service Boundary Expansion: Strategically expand the USB westward along Oslo Road/9th Street SW to include the area between 58th Avenue SW and 74th Avenue SW, bounded by 5' Street SW to the north and 131 Street SW to the south. Additionally, the USB should further extend west to 98th Avenue SW with the same northern and southern limits. This expansion will incorporate approximately 2,180.3 acres into the USB. • This expansion will proactively address anticipated growth pressures, enhance economic vitality, and optimize connectivity resulting from the new Oslo Road / I-95 interchange. 2. Temporary Moratorium on Rezoning: • Implement a six-month temporary moratorium on rezoning requests within the newly defined Oslo Corridor. This pause will enable the Planning and Development Services Department to update the Future Land Use designations comprehensively and develop detailed development guidelines and architectural standards. • If necessary, an extension of up to six additional months may be considered to finalize regulations and ensure consistency and quality development. Indian River County, Florida Page 3 of 4 Printed on 5/15/2025 powered by Legistarn 328 3. Corridor Overlay District: • Establish an Oslo Corridor Overlay District with precise boundaries extending from 58th Avenue SW to 98th Avenue SW, bounded north by 5th Street SW and south by 13th Street SW. • This Overlay District will specify regulations including zoning classifications, permitted uses, architectural guidelines, landscaping standards, and building setbacks. The goal is to create a cohesive, visually appealing gateway reflecting community values and enhancing the Corridor's identity. ALTERNATIVE OPTION No Expansion of USB: Alternatively, the Board of County Commissioners may opt not to expand the existing USB. Under this scenario, existing zoning and Future Land Use designations remain unchanged, negating the immediate need for an Overlay District. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the strategic USB expansion, the temporary moratorium, and the establishment of a Corridor Overlay District as outlined, facilitating orderly growth and development aligned with community preferences and infrastructure investments. Indian River County, Florida Page 4 of 4 Printed on 5/15/2025 powered by Legistarn 329 Oslo Corridor Recommendation Report g1VER�o INDIAN RIVER COUNTY G PLANNING & * * DEVELOPMENT OR SERVICES SERVICES DEPARTMENT 330 TABLE OF CONTENTS Introduction.............................................................................................................6 UrbanService Boundary........................................................................................ 9 Demographics & Socioeconomic Data for the Study Area ................................. 10 Population............................................................................................... 12 Population Projections........................................................................... 13 Employment............................................................................................ 14 Employment Projections........................................................................ 15 LandUse............................................................................................................... 17 Existing Land Use Patterns.................................................................... 17 Vacant Parcels......................................................................................... 17 FutureLand Use..................................................................................... 19 Zoning...................................................................................................... 21 Environmental Constraints................................................................................. 24 Wetlands.................................................................................................. 24 Floodplains.............................................................................................. 26 Transportation System......................................................................................... 28 RoadwaysSystem.................................................................................... 29 Public Transportation............................................................................. 35 Pedestrian and Bike System................................................................... 37 Air/Water Port System........................................................................... 46 Adjacent Municipalities & Counties.................................................................... 48 Fellsmere................................................................................................. 48 VeroBeach............................................................................................... 50 St. Lucie County...................................................................................... 52 1 331 Am PublicEngagement............................................................................................... 53 Summary and Recommendations........................................................................ 54 AppendixA............................................................................................................... i TABLE OF FIGURES Figure1. Oslo Study Area...................................................................................... 8 Figure 2. Map of Current USB Surrounding Oslo Study Area ........................... 10 Figure 3. Oslo Study Area Traffic Analysis Zones .............................................. 11 Figure 4. Oslo Study Area 2020 Population Estimates ...................................... 12 Figure 5. Oslo Study Area 2050 Projected Population ....................................... 13 Figure 6. 2020 Employment Estimates............................................................... 14 Figure 7. 2020 Employment Estimates by Sector .............................................. 15 Figure 8. 2050 Employment Projections............................................................ 16 Figure 9. Vacant Land Map.................................................................................. 18 Figure 10. Oslo Study Area Existing Future Land Use Map .............................. 20 Figure 11. Existing Oslo Study Area Zoning Map .............................................. 23 Figure 12. Oslo Study Area Wetland Inventory Map ......................................... 25 Figure 13. Oslo Study Area Flood Zone Map ...................................................... 27 Figure 14. South County Roadway System Map ................................................. 29 Figure 15. Indian River County Truck Routes and Restrictions ....................... 31 Figure 16. Truck Routing Plan Map.................................................................... 32 Figure 17. Roadway Improvements for Truck Routes ....................................... 33 Figure 18. FDOT Oslo / I-95 Construction Plans .............................................. 35 Figure 19. Existing Public Transit Routes Map .................................................. 36 Figure 20. Existing and Proposed Sidewalk Network ........................................ 38 Figure 21. Existing and Proposed Bicycle Network ........................................... 40 Figure 22. Bicyclist Level of Traffic Stress......................................................... 42 Figure 23. Priority Bicycle Projects..................................................................... 44 2 332 Figure 24. Percent of Households Walking or Biking to Work Map ................. 45 Figure 25. FDOT SIS System Map....................................................................... 46 Figure 26. Adjacent Intermodal System Map ..................................................... 47 Figure 27. City of Fellsmere Future Land Use Map ........................................... 50 Figure 28. City of Vero Beach Future Land Use Map ......................................... 52 Figure 29. St. Lucie County Future Land Use Map ............................................ 53 Figure 30. Online Types of Centers by Type ....................................................... vii Figure 31. Online Types of Centers by Preference ............................................. vii Figure 32. Online Corridor Themeii ..................................................................... viii Figure 33. Online Wants and Don't Wants.......................................................... ix Figure 34. BCC Types of Centers by Type............................................................ xi Figure 35. BCC Types of Centers by Preference .................................................. xi Figure 36. BCC Corridor Theme.......................................................................... xii Figure 37. BCC Wants and Don't Wants............................................................ xiii Figure 38. BCC Proposed Zoning........................................................................ xiv Figure 39. IRSC Types of Centers by Type ......................................................... xvi Figure 40. IRSC Types of Centers by Preference ............................................... xvi Figure 41. IRSC Corridor Theme....................................................................... xvii Figure 42. IRSC Wants and Don't Wants......................................................... xviii Figure 43. IRSC Proposed Zoning....................................................................... xx Figure 44. IG Center Types of Centers by Type ................................................. xxi Figure 45. IG Center Types of Centers by Preference ....................................... xxi Figure 46. IG Center Corridor Theme............................................................... xxii Figure 47. IG Center Wants and Don't Wants ................................................. xxiii Figure 48. IG Center Morning Proposed Zoning .............................................. xxv Figure 49. IG Center Evening Proposed Zoning .............................................. xxvi Figure 50. North County Library Types of Centers by Type ......................... xxviii Figure 51. North County Library Types of Centers by Preference ............... xxviii Gil R1*1 Figure 52. North County Library Corridor Theme .......................................... xxix Figure 53. North County Library Wants and Don't Wants .............................. xxx Figure 54. North County Library Proposed Zoning ......................................... xxxi Figure 55. Combined Types of Centers by Type "' Figure 56. Combined Types of Centers by Preference .................................. xxxiii Figure 57. Combined Corridor Theme............................................................ xxxiv Figure 58. Combined Wants and Don't Wants .............................................. xxxvi Figure 59. IG Center Workshop Photograph 1 & 2 ........................................... xlv Figure 60. IG Center Workshop Photograph 3 & 4 .......................................... xlvi Figure 61. IG Center Workshop Photograph 5 & 6 .......................................... xlvi Figure 62. North County Library Workshop Photograph 1 & 2 ..................... xlvii LIST OF TABLES Table 1. Oslo Study Area Existing Land Use ...................................................... 17 Table 2. Oslo Study Area Future Land Use ......................................................... 21 Table 3. Current Oslo Study Area Zoning........................................................... 24 Table 4. Online Types of Centers........................................................................ viii Table 5. Online Corridor Theme........................................................................... ix Table 6. Online Wants and Don't Wants............................................................... x Table 7. BCC Types of Centers.............................................................................. xi Table 8. BCC Corridor Theme.............................................................................. xii Table 9. BCC Wants and Don't Wants................................................................ xiii Table 10. BCC Proposed Zoning.......................................................................... xv Table 11. IRSC Types of Centers........................................................................ xvi Table 12. IRSC Corridor Theme........................................................................ xvii Table 13. IRSC Wants and Don't Wants............................................................ xix Table 14. IRSC Proposed Zoning......................................................................... xx Table 15. IG Center Types of Centers................................................................ xxii M 334 Table 16. IG Center Corridor Theme............................................................... xxiii Table 17. IG Center Wants and Don't Wants................................................... xxiv Table 18. IG Center Proposed Zoning.............................................................. xxvi Table 19. North County Library Types of Centers........................................ xxviii Table 20. North County Library Corridor Theme ............................................ xxix Table 21. North County Library Wants and Don't Wants................................ xxx Table 22. North County Library Proposed Zoning......................................... xxxii Table 23. Combined Types of Centers............................................................ xxxiv Table 24. Combined Corridor Theme.............................................................. xxxv Table 25. Combined Wants and Don't Wants................................................ xxxvi Table 26. Combined Zoning........................................................................... xxxvii 5 335 INTRODUCTION In 2000, Indian River County expressed a need for a new I-95 interchange at Oslo Road. Since then, the Oslo / I-95 interchange has remained a priority for the Florida Department of Transportation (FDOT). Nearly 25 years later, FDOT has begun construction on the long -anticipated I-95 interchange. The new interchange will have partial cloverleaf ramps at I-95 and Oslo Road. Along with the interchange, Oslo Road will have capacity improvements from 2 to 4 lanes from west of I-95 to 58th Avenue. Additional improvements include installing interchange ramp lighting, replacing the existing Oslo Road Bridge over I-95, installing a new signalized intersection at Oslo Road and 66th Avenue SW, installing intersection lighting at 74th Avenue, 66th Avenue and 58th Avenue, realigning 82nd Avenue at Oslo Road, eliminating the 86th Avenue SW connection to Oslo Road, constructing 13th Street SW to connect 86th Avenue SW and 90th Avenue, extending the south limit of the noise wall of I-95, replacing the Indian River County sanitary, water and raw water mains, upgrading signing, signalization, intersection lighting, bicycle lanes, and sidewalks, installing a closed drainage system and constructing 3 drainage ponds. The Oslo / I-95 interchange has long been recognized in the County's planning efforts. Indian River County's 2030 Comprehensive Plan, adopted in 2010, discusses the interchange in Chapter 2, Future Land Use Element, noting that its construction would drive the need for commercial node expansion around Oslo Road and 74th Avenue. The Plan anticipated that the interchange would convert developable land into road right-of-way and increase demand for additional commercial and industrial development, thus justifying a potential future node expansion to support economic growth and employment in the south County. At the time of the Comprehensive Plan's adoption, construction had not yet begun; however, the County's Planning Department included the anticipated development impacts to establish a framework for future decision making. More recently, in February 2024, Indian River County engaged Inspire Placemaking Collective to conduct an Urban Service Boundary (USB) Study to evaluate a need to expand the current USB. Using estimates from the University of Florida's Bureau of Business and Economic Research (BEBR), historical trends, and seasonal population figures, Inspire analyzed land use, vacant parcels, zoning, environmental constraints, transportation networks, traffic volumes, and infrastructure capacity. Their study anticipates an increase of on 336 42,698 residents by 2050, with the County's carrying capacity able to accommodate up to 51,049 new residents. Through Inspire's public engagement, the community expressed a preference for focusing future growth within the existing USB area, specifically Downtown Vero Beach and the 85th Street Corridor. However, the area surrounding the new Oslo Road / I-95 interchange was the only location identified for potential expansion outside of the current USB. Given the anticipated development pressure west of I-95 and along the Oslo Road Corridor following completion of the interchange, the Board of County Commissioners directed the Planning and Development Services Department to conduct the Oslo Corridor Study. This study aims to evaluate the potential for USB expansion in association with the new interchange and to develop a comprehensive recommendation. The Study Area boundaries were defined through internal departmental meetings, considering existing infrastructure, physical barriers such as solar farms west of 98th Avenue, and the goal of creating a controlled and centralized corridor. The Study Area is bounded by 5th Street SW to the north, 13th Street SW to the south, 58th Avenue SW to the east, and 98th Avenue SW to the west. Please refer to Figure 1. A 337 Figure 1. Oslo Study Area 338 URBAN SERVICE BOUNDARY The Indian River County's Urban Service Boundary (USB), also referred to as Urban Service Area (USA), was established in 1990. The principal purpose of the USB is to establish where urban facilities (water, sewer, etc.) are constructed and where these urban services may be provided. Additionally, the USB serves as an urban growth boundary. The USB identifies where urban growth is encouraged, while it is prohibited outside of the boundary. As the USB currently exists, there is a clear delineation between urban and rural areas. Since the uses allowed outside the USB are limited to extremely low- density residential uses or clustered development, as well as agricultural and natural uses, the USB serves to maintain the rural character of the land outside the Urban Service Boundary. Indian River County's Comprehensive plan and Future Land Use map directs residential, commercial, and industrial growth to property inside that USB. The plan ensures that infrastructure investments are made in an efficient and cost- effective manner, while urban development occurs in a generally compact pattern. Within the Oslo Study area, the USB ends at 58th Avenue SW; however, it resumes at 74th Avenue SW. This results in a roughly 1.9 -mile gap for urban services. After 74th Avenue SW, the USB continues until reaching I-95. There is approximately 1.8 miles from the USB terminating at I-95 to the west limits of the Oslo study area. Please refer to Figure 2 for a visual of the above-mentioned USB. J 339 Figure 2. Current USB Surrounding Oslo Study Area Source: Indian River County, 2025 DEMOGRAPHICS & SOCIOECONOMIC DATA The population and employment data were derived from the surrounding Traffic Analysis Zones (TAZ). TAZ boundaries are defined based on Census geographies (block, block group, and tract). Figure 3 depicts the individual zones within the 10 340 Oslo Study Area. As the map shows, the Study Area consists of 9 zones and several zones extend outside of the Study limits. Using the data from TAZ, an estimated distribution of 2020 population, estimated 2050 population, 2020 employment, 2020 employment by sector, and expected 2050 employment was developed. Figure 3. Oslo Study Area Traffic Analysis Zones P 1.93 W16J."n 1,89, 188 W194 34 8 21-0 T F 20 187 77 ' 195 = 12TH ST n 208 x 207 C • 5 U 224 222ITS = Y 'a 221 '.. - .: ¢ - 8TH ST ( , 0 236 (CITRUS RD) 246 rnW, 335 333 266 (267 Oslo Study Area - Traffic Analysis Zones o 0.5 i 2Miles NORTH Source: IRC MPO, 2025 11 ® 1 341 POPULATION Figure 4 shows the estimated 2020 population for the Study Area based upon TAZ data. Please note, the dots are representative of the population distribution within each TAZ; however, they are not intended to indicate a precise location of people. Figure 4. Oslo Study Area 2020 Population Estimates 342 POPULATION PROJECTIONS As part of the Corridor Study, population projections for the Oslo Study Area were developed through the year 2050. These projections are based on estimates from TAZ. Figure 5 shows the estimated 2050 population for the Study Area based upon the individual zone estimates. Similar to the 2020 population map, the dots are not indicative of precise living locations. Figure 5. Oslo Study Area 2050 Projected Population Source: FDOT, 2024 13 343 EMPLOYMENT To further understand the attributes of the Oslo Study Area, the Traffic Analysis Zones were utilized to create a distribution of employment estimates for 2020 and 2020 employment estimates by sector. As mentioned in the previous subsections, the dots are not indicative of precise locations. The dots are representative of employment distribution within the specific zone. Please refer to Figure 6 for a map of the 2020 employment estimates and Figure 7 for a map of 2020 employment estimates by sector. Figure 6. 2020 Employment Estimates a a 16TH ST STH ST, F 0 = 12TH ST 12TH ST(ROSEDALERD) _ 9 U y LU _ K Y 8TH ST (GLENDALERD) o x ____ �,4� •.'�' y � =4TH ST (CITRUS RD 7 � .. Study Area f _ _ I ugd "I Dot= 10 • »mc�."� '� Oslo Study Area - 2020 All Employment o os , 2MItes NORTH MEMO Source: FDOT, 2024 & Census, 2022 14 344 Figure 7. 2020 Employment Estimates by Sector Source: FDOT, 2024 & Census, 2022 EMPLOYMENT PROJECTIONS Continuing with the effort to understand the current and possible future conditions of the Oslo Study Area, 2050 employment projections were developed 15 345 using TAZ data, and the employment numbers were distributed across the zones. Figure 8 depicts the 2050 employment estimates. Please note, the dots are not representative of exact locations; instead, they are intended to provide a general location of employment within each zone. Figure 8. 2050 Employment Projections Source: FDOT, 2024 & Census 2022 ire KZf, LAND USE The latter subsections discuss the existing land use, vacant parcels, future land use, and zoning of the Oslo Study Area. Please note, the analysis only focuses on the subject study area, and the data is not consistent with the characteristics of the entire Indian River County. EXISITNG LAND USE PATTERNS Existing land use patterns show how parcels are currently being used. The listed use does not necessarily reflect the property's current zoning. These uses consist of, but are not limited to, vacant, single family residential, commercial, industrial, or agricultural. The land use categories are derived from the most recent data from the Indian River County Property Appraiser. Please note, vacant land is determined by analyzing current aerial imagery and will be deemed vacant if it lacks any impervious area. Table 1 provides a breakdown of the acreages and proportions of each land use within the Oslo Study Area. The most prominent land uses in the Oslo Study Area are Vacant (83.8%), Agriculture (6.6%), Industrial (4.0%), and Single Family Residential (3.1%). Table 1. Existing Land Use Agriculture'` Commercral Industrial Mixed Use Single Family Residentia Vacant Total 189.46 6.6% 53.75 1.9% 116.2 4.0% 18.18 0.6% 89.81 3.1% 2414.49 83.8% 2881.89 100.0% Sources: Indian River County Property Appraiser, 2025 VACANT PARCELS Through aerial analysis of the subject Study Area, a map of the existing vacant parcels was created. Similar to the previous subsection, a parcel is considered 17 347 vacant if it lacks imperious area and is not built upon. Please refer to Figure 9 for a visual of vacant land within the Oslo Study Area. Figure 9. Vacant Land Map Source: Indian River County, 2025 IV 348 FUTURE LAND USE The Indian River County Comprehensive Plan establishes Future Land Use (FLU) designation within the County to guide future growth toward a shared community vision. This element designates the appropriate location for Future Land Uses and sets forth the policies regulating growth and development. These policies are not just limited to the density and intensity of appropriate land uses, but they also address other land use development factors, including timing and location of future development. Historically, expansion of urban uses has followed development of the transportation system. As such, commercial and industrial uses that require high visibility and access to both markets and suppliers are located along major transportation routes and centers. On the contrary, residential uses are located in areas that offer natural and recreational opportunities and access to employment, education facilities, and commercial centers. Agricultural uses typically form a transition from natural to urban uses in more remote but easily accessible areas. A parcel's Future Land Use will fall within 1 of the 18 categories: 1) AG -1: Agricultural -1 (1 Unit/5 Acres) 2) AG -2: Agricultural -2 (1 Unit/ 10 Acres) 3) AG -3: Agricultural -3 (1 Unit/20 Acres) 4) BCID: Blue Cypress Improvement District (10 Units/Acre) 5) C-1: Conservation -1 (0 Units/Acre) 6) C:2: Conservation -2 (1 Unit/40 Acres) 7) C-3: Conservation -3 (1 Unit/2.5 Acres) 8) C/I: Commercial/Industrial 9) L-1: Low -Density Residential -1 (3 Units/Acre) 10) L-2: Low -Density Residential -2 (6 Units/Acre) 11) M-1: Medium -Density Residential -1 (8 Units/Acre) 12) M-2: Medium -Density Residential -2 (10 Units/Acre) 13) PUB: Public Facilities 14) R: Rural Residential (1 Units/Acre) 15) RC: Regional Commercial 16) REC: Recreation 17) T: Transitional Residential (1 Unit/Acre) 18) MHRP: Mobile Home Rental Park (8 Units/Acre) Figure 10 shows a Future Land Use map of the Oslo study area. 349 Figure 10. Oslo Study Area Existing Future Land Use Map Source: Indian River County, 2025 Table 2 provides a breakdown of the Future Land Use by acreage within the Oslo Corridor Study Area. The most represented Future Land Uses in the Oslo Study Area are AG -1 (40.50, AG -2 (35.1%), and C/I (16.4%). 20 350 Table 2. Future Land Use AG -1 1167.41 40.5% AG -2 1012.89 35.1% C/1 472.19 16.4% L-1 76.15 2.6% PU r . 53.25 5.3% Total 2881.89 100.0% Sources: Indian River County Property Appraiser, 2025 ZONING The Indian River County Land Development Regulations outline the County's zoning districts and assist with implementing the Comprehensive Plan through the establishment of development standards for each of the districts. Within the district use chart provided in each zoning district section of the Land Development Regulations, it is outlined which uses are prohibited, permitted, administrative permit use, and a special exception use. Administrative permit approval is required for certain activities which, because of their scale, duration, or nature, would not generally have an adverse impact on their surrounding when regulated in accordance with the standards set forth in Chapter 971 of the County's Land Development Regulations. Certain administrative permit uses may be reviewed and approved at a staff level. Such uses may be approved by the Planning and Development Services Director or his designee when accompanied by an administrative approval site plan request. When a request is reviewed as a minor site plan, such uses may be approved by the technical review committee. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district; however, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district. Those uses which are designated as special exception uses shall be permitted only after being approved pursuant to the procedures established in Chapter 971 of 21 351 the County's Land Development Regulations and further satisfy the specific use criteria established in Chapter 971. All proposed uses require development to adhere to site plan criteria, building footprint maximums, open space minimums, and public realm aspects (signage, landscaping, design, etc.). The 34 zoning districts are listed below: 1) A-1: Agricultural -1 (1 Unit/5 Acres) 2) A-2: Agricultural -2 (1 Unit/ 10 Acres) 3) A-3: Agricultural -3 (1 Unit/20 Acres) 4) RFD: Rural Fringe Development (1 Unit/2.5 Acres) 5) RS -1: Single -Family Residential -1 (1 Unit/Acre) 6) RS -2: Single -Family Residential -2 (2 Units/Acre) 7) RS -3: Single -Family Residential -3 (3 Units/Acre) 8) RS -6: Single -Family Residential -6 (6 Units/Acre) 9) RT -6: Two -Family Residential -6 (6 Units/Acre) 10) RM -3: Multiple -Family Residential -3 (3 Units/Acre) 11) RM -4: Multiple -Family Residential -4 (4 Units/Acre) 12) RM -6: Multiple -Family Residential -6 (6 Units/Acre) 13) RM -8: Multiple -Family Residential -8 (8 Units/Acre) 14) RM -10: Multiple -Family Residential -10 (10 Units/Acre) 15) RMH-6: Mobile Home Residential -6 (6 Units/Acre) 16) RMH-8: Mobile Home Residential -8 (8 Units/Acre) 17) PRO: Professional Office 18) OCR: Office, Commercial, & Residential 19) MED: Medical 20) CN: Neighborhood Commercial 21) CL: Limited Commercial 22) CG: General Commercial 23) CH: Heavy Commercial 24) IL: Light Industrial 25) IG: General Industrial 26) Con -1: Public Lands Conservation -1 (0 Units/Acre) 27) Con -2: Estuarine Wetlands Conservation -2 (1 Unit/40 Acres) 28) Con -3: St. Sebastian River Xeric Scrub Conservation -3 (1 Unit/2.5 Acres) 29) CRVP: Commercial Recreational Vehicle Park (14 Units/Acre) 30) R-BCID: Blue Cypress Improvement (10 Units/Acre) 31) Rose -4: Roseland Residential (4 Units/Acre) 32) AIR -1: Airfield/Residential 33) PD: Planned Development 34) PDTND: Planned Development Traditional Neighborhood Figure 11 provides a map of the current zoning surrounding the Oslo Study Area. L 352 Figure 11. Existing Oslo Study Area Zoning Map CG CG CG RS6 �tl PCG RM -6 R1 Z A•1� a CH t6TH S?. 16TH ST (ROSEWOOD RD) PD RS -6 y^ 2- I < 12TH ST (ROSEDALE RD) _ RM•6 RMH•8 A7 Y U A-1 = 8TH ST (GLENDALE RD) a U S C —RS -6 �o 1ZTH RU ST.(CITRUS RD) z RS -3 S —A-1 _m n g m b F � � RS 1 I Study Area OTH ST SW (OSLO RD) 3L 11-2 IG Legend �• ZONING CG CDu2 �DTNO RM4 RNMO i �" ,d y JAJ�A3Ll CAlCR IG tD RFD RN -1U R 2AIGONt ?OMSD RM.J RM-- -3- ,. Oslo Study Area - Existing Zoning o o.e � 2Miles NORTH Source: Indian River County, 2025 Table 3 shows the current zoning within the Oslo study area and the corresponding acreage. 23 353 Table 3. Oslo Study Area Current Zoning A-1 1574.3 54.6% A-2 1012.89 35.1% AIR -1 20.29 0.70/o CG 2.3 0.1%- .1%IG IG 198.07 6.90/6 IL 18.18 0.6% RS -1 55.86 1.9% Total 2881.89 100.0% Sources: Indian River County Property Appraiser, 2025 ENVIRONMENTAL CONSTRAINTS An additional factor to consider when determining an expansion of the Urban Service Boundary and the development feasibility of an area is environmental constraints. Although data exists to make informed decisions about the presence of wetlands or floodplains, an accurate determination usually only occurs during the development review process. During this review process, an environmental impact study will be required, especially for areas that are likely to have environmentally sensitive lands and species. One of Indian River County's criteria for expansion of the Urban Service Boundary is deciding whether an area is environmentally suitable for urbanization. If an area has significant environmental constraints, it is unlikely to be developed and included within the Urban Service Boundary. The following sections present wetland and floodplain data of the Study Area. WETLANDS Wetlands provide many ecological, economic, and social benefits within Indian River County. Of the many benefits, wetlands provide a habitat for fish, wildlife, and plants. Additionally, they recharge groundwater, reduce flooding, provide clean drinking water, offer food and fiber, and support cultural and recreational activities. The data used to map wetlands in the Oslo Study Area comes from the U.S. Fish and Wildlife Service's National Wetlands Inventory. The U.S. Fish and Wildlife 24 354 Service rely on image analysts to identify and classify wetlands and deepwater habitats from aerial .imagery. Figure :12 provides .a wetland map of the Oslo Study Area. Figure 12 Oslo Study Area Wetland Inventory Map Source: U.S Fish and Wildlife Service National Wetlands Inventory, 2025 25 355 FLOODPLAIN Flooding can unfortunately happen anywhere and is the most common type of disaster; therefore, it is important to determine the flood risk of any area before proposes any expansion of development. The Federal Emergency Management Agency (FEMA) flood maps are one tool that may be used to determine flood risk in a given area. Flood hazard areas Special Flood Hazard Area (SFHA) are defined as the areas that have a 1% annual chance of flooding, also known as the 100 -year flood. SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones Al -A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/Al-A30, Zone AR/A, Zone V, Zone VE, and Zones VI -V30. Moderate flood hazard areas are areas with a 0.2% chance of an annual flood, also known as the 500 -year flood. These zones are labeled Zone B or Zone X (shaded). Moreover, the areas of minimal flood hazard are labeled Zone C or Zone X (unshaded). Figure 13 provides a flood zone map of the Oslo Study Area. W 356 Figure 13. Oslo Study Area Flood Zone Map Source: FEMA Flood Map Service Center, 2025 27 357 x r� 16TH ST ST (ROSEWOOD RD)B�VD ,16TH it 12TH ST 12TH ST (ROSEDALE RD) 3 >a x Z. x y T o W 8TH ST (GLENDALE RD) Y j o O F r m 0367M . 036511 F F N 9TH ST SW (OSLO RD) LI I 03WM "� VKA1p/e1N.Flood {AZQdAWWWZen.AE ®Sane VE: C-1 pl . IooE Zone - Zene AE: FIaoeN.y Zone X: 0.2 PCTM—IC—Fboo Ha -Zone AO jOne X: Meed W.-IFlootlHe— MAIer . "aT.: LUCIE OOUNTV Oslo Study Area - FEMA Flood Zones ° °'S miles NORTH Source: FEMA Flood Map Service Center, 2025 27 357 TRANSPORTATION SYSTEM Transportation is a key component of every community's infrastructure. While a community's transportation system connects land uses within the community, it also connects the community to other areas in the state, country, and world. The transportation system consists of 4 components: the roadway or traffic circulation system, the transit system, the pedestrian/bicycle system, and the air/water port system. Within Indian River County, the Indian River County Metropolitan Planning Organization (MPO) is the organization responsible for regional transportation planning. Although the MPO is a separate organization, the MPO shares staff members and other resources with the County. As a result, coordination between the County and the MPO in the preparation and implementation of this element and other plans is cooperative. In carrying out its role as the regional transportation planning agency in the County, the MPO has used County staff and resources to produce many plans. These plans include a 2040 Long Range Transportation Plan (adopted December 2015), a Congestion Management System Plan (adopted October 2009), a Bicycle -Pedestrian Plan (adopted February 2015), and a Transit Development Plan (adopted August 2017 and revised annually). The MPO has also developed and calibrated a countywide transportation planning model. The I-95 Interchange at Oslo Road will provide a critical connection of a primary rural route in Indian River County to the National Highway Freights Network, the National Highway System, and Florida's Strategic Intermodal System (SIS). The SIS was established in 2003 to enhance Florida's economic competitiveness by focusing state resources on the transportation facilities most critical for statewide and interregional travel. The SIS facilities include commercial service airports, spaceports, seaports, intermodal freight rail terminals, passenger rail terminals, state highway systems, active rail lines, and intracoastal and inland waterways. I-95 is the only limited access, Interstate Principal Arterial roadway serving Indian River County's population. This new access will support the appropriate development of industrial land use adopted for decades in the Indian River County Comprehensive Plan and aligns with the newly adopted opportunity zones. aue nqllk K&J3 ROADWAY The current roadway system for the south county area is shown in Figure 14 below. Overall, the County has several major roads, including I-95, US Highway 1, State Highway A1A, SR 60, and Old Dixie Highway. Although roadways within the existing USB form a partial grid, many residential subdivisions are built without substantial connections to the surrounding grid. Figure 14. South County Roadway System SNORkS i..: _ �♦ Iw.L :. ET.. LU9111 CO' TY._ Legend IRC Street Centerline (by ROADCLASS) — a - Minor Arterial 20- Residential Streets ROADCLASS - 5 - Major Collector - - - - - 78 - Limited Use Right or Way - 1 -Turnpike - 6 - Minor Collector - - - - 79 - Proposed Street (Built) - 2 - Interstate 7 - Ramp -"- 80 - Proposed Street (Not Built) 3 - Principal Arterial 8 - Cress Access 99 - Street Type Exception Study_Area South County N 2 1 0 2 Miles Roadway System Source: Indian River County, 2025 v KFS. When new residential developments are built, developers are assessed an impact fee which provide revenue for capital improvements. These impact fees assist in offsetting increased demand of roadways and public infrastructure. Areas outside of the USB have limited roadway connectivity; however, the new I-95 interchange at Oslo Road will improve connectivity for land outside of the existing USB. A change in the USB and permitted development within the Study Area would result in further capital improvement revenue to further improve the roadway network. The FDOT project will replace and expand the existing bridge, realign and improve safety and drainage of the local road which intersects with the eastern portion of the interchange influence area, and use the recycled asphalt to improve 13th Street SW within the western portion of the interchange influence area. Additionally, this project will reduce emergency response times for the rural population, improve drainage on 82nd Avenue, reconstruct three miles of the current two-lane Oslo Road into a four -lane divided facility, improve signage, pavement markings and lights, and modify the grade of the existing Oslo Road Bridge to provide better line of sight and braking distance. Moreover, this project will promote regional connectivity as it is located 5.5 miles north of the existing Indrio Road/SR 614 interchange and 3.8 miles south of the existing SR 60 interchange providing rural populations and businesses located on industrial lands with direct access to the only limited access facility in IRC. This access will also enhance emergency evacuation and response by improving connectivity to the I-95 emergency evacuation route. In partnership with the IRC Public Works Department, commercial shippers, citizens, law enforcement, local industry, and other transportation planning professionals, the IRC MPO developed an Indian River County Truck Routing Plan directing truck traffic to more efficient and appropriate facilities serving commercial and industrial land uses, while minimizing impact to residential neighborhoods. Oslo Road serves a variety of freight clusters. Additionally, between I-95 and the coast, Oslo Road directly connects to US 1, a designated truck route and a primary north/south principal arterial facility serving the urbanized areas of Indian River County. Currently, there is only one designated truck route in Indian River County: 82nd Avenue from S.R. 60 to Oslo Road and Oslo Road from 82nd Avenue to U.S. 1. This route provides a pathway for eastbound trucks along S.R. 60 to access southbound U.S. 1 while bypassing the City of Vero Beach. Furthermore, truck restrictions are found in several neighborhoods in Indian River County. Figure 15 depicts the current truck route and restrictions. 30 360 Figure 15. Indian River County Truck Routes and Restrictions �9% ,o a 0 b It a •°. ,a d gC c S • 612 <e No 69M Street \V� than ^0 ver res .. '. � 49th St, 1 10 I I Vero v eac Legend • Existing Truck Restnctions ° Existing Truck Route Roads 0i 2 4 W+E Mites s INDIAN RIVER COUNTY MPO TRUCK TRAFFIC ROUTING PLAN Existing Truck Routes and Trude Restrictions Source: Indian River County MPO, 2003 Continuing with the MPO's Truck Traffic Plan, Figure 16 outlines the adopted truck routing plan, and Figure 17 depicts the adopted roadway improvements to support the truck routes. 31 361 Figure 16. Truck Routing Plan 0 1 2 4 AN Mlles u.•l�.r: INDIAN RIVER COUNTY MPO TM* Foft P TRUCK TRAFFIC ROUTING PLAN Source: Truck Traffic Routing Plan for the Indian River County MPO, 2003 32 362 45111 0 It o eve N PflM. s1= w �o e Q 816 .1B efth SUM Q^ + g I than c,, ve r i 0 ( res a 586 { ' Q � l 819 e t y Legend Primary Truck Routes BOB � s Secondary Truck Routes Future Primary Routes ned Plaa 0 • * «+� Future Secondary Routes 9 0 - B 0 1 2 4 AN Mlles u.•l�.r: INDIAN RIVER COUNTY MPO TM* Foft P TRUCK TRAFFIC ROUTING PLAN Source: Truck Traffic Routing Plan for the Indian River County MPO, 2003 32 362 Figure 17. Roadway Improvements for Truck Routes Source: Truck Traffic Routing Plan for the Indian River County MPO, 2003 The completion of the Oslo / I-95 interchange with the future improvements of 82nd Avenue and 43rd Avenue will further connect the south County to the local and statewide trade routes. West of the interchange, a cul-de-sac will be constructed at the current intersection of 86th Avenue SW and Oslo Road to ensure Limited Access requirements of the new interchange. Traffic will be redirected west along 13th 33 363 P 1 t 0 �. IF s1z t a 89th stmt I than S o fiver �o lrOres 0 0 Vero C 4 so w Legend Primary Truck Routes 919 1 r: Secondary Truck Routes *00f Future Primary Routes P Future Secondary Routes � New Construclion e9r Resurfacing � 4 .•.:. a: Intersection Improvement 4 0 1 2 4 Milea eM ssr INDIAN RIVER COUNTY MPO Roadwlay hp4NpMllinents for Truck Routes " TRUCK TRAFFIC ROUTING PLAN Source: Truck Traffic Routing Plan for the Indian River County MPO, 2003 The completion of the Oslo / I-95 interchange with the future improvements of 82nd Avenue and 43rd Avenue will further connect the south County to the local and statewide trade routes. West of the interchange, a cul-de-sac will be constructed at the current intersection of 86th Avenue SW and Oslo Road to ensure Limited Access requirements of the new interchange. Traffic will be redirected west along 13th 33 363 Street SW and north on 90th Avenue SW. This will ultimately reduce the number of conflict points along Oslo Road. East of the interchange, 82nd Avenue will be realigned between 1St Street SW and Oslo Road. This will relocate the current intersection further east. Traffic approaching this intersection from Oslo Road will benefit from improved lines of sight, increased braking distance, and improved truck turning radii as the intersections will be further away from the end of the bridge and the newly constructed interchange ramps. This distance will allow for better management of traffic operations if future volumes cause either of these intersections to be signalized. The project will widen the existing 2 lanes of Oslo Road to a 4 -lane divided facility. The realignment of 82nd Avenue will include raising the elevation of the roadway, providing better drainage and resiliency. Improving the pavement conditions to FDOT Standards will ensure the longevity of this roadway, in comparison to its current condition. The bridge replacement is designed to have a more gradual grade appropriate for heavy trucks associated with the industries that serve the region. This feature extends through the ramp design. Furthermore, the bridge replacement will be constructed to improve load bearing capacity. Figure 18 shows the work being completed by FDOT. 34 364 Figure 18. MOT Oslo / I-95 Construction Plans Source: FDOT, 2022 PUBLIC TRANSPORTATION GoLine is the Indian River County public transportation system with bus service on 14 fixed routes throughout Indian River County. Riders rely on GoLine buses to go to work, school, medical appointments, grocery stores, the mall, beach, and to dozens of other locations throughout the area. GoLine is free for passengers and operates weekdays from 6:00 a.m. through 9:00 p.m., and it provides service on Saturdays from 7:00 a.m. to 7:00 p.m. Figure 19 depicts the current GoLine route map. 35 365 .�" BEGIN CONSTRUCTION - `h BEGIN CONSTRUCTION' ° swscc.e...rs ENO PROJECT_ 00th A11174Ut IRF/ICO O-3 CANAL - NSTRUCTIO Pgp�pOME pNEp •� .wow wf 1 � �.. WEND CONSTRUCTION � 82nd AVE N F � y tll -u- - 02nd AVENUE Vi' ... ... • . _+' = wu.,v ee cArvAc e4'� O, - 3" sco Fr owvscw zow+co+s7 NSTRUCTION 8214D AVE ON �oa,.e weera:ua uvw.ur u ww uwc v.voacwr uisnww wrw owe ION - - om oowos --- ewovoam u ane uwc Source: FDOT, 2022 PUBLIC TRANSPORTATION GoLine is the Indian River County public transportation system with bus service on 14 fixed routes throughout Indian River County. Riders rely on GoLine buses to go to work, school, medical appointments, grocery stores, the mall, beach, and to dozens of other locations throughout the area. GoLine is free for passengers and operates weekdays from 6:00 a.m. through 9:00 p.m., and it provides service on Saturdays from 7:00 a.m. to 7:00 p.m. Figure 19 depicts the current GoLine route map. 35 365 Figure 19. Existing Public Transit Routes Map Source: Metropolitan Planning Organization, 2025 GoLine owes its success to many factors and departments working together, though a part of GoLine's success derives from a community need. The transit routes have been strategically planned and adopted to support the greatest need within Indian River County. The MPO continues to assess the community's needs and determine adding routes or expanding operating hours. With the current conditions of the Oslo Study Area, a need does not exist for public transportation 36 366 to and from the area. However, if the needs of the Oslo Study Area changes, the MPO will re-examine additional GoLine routes. PEDESTRIAN AND BIKE SYSTEM The Indian River County Bicycle and Pedestrian Master Plan, performed by the MPO, is a strategic approach to investing in a robust bicycle and pedestrian transportation network to serve Indian River County residents and visitors. A list of future projects was developed based on an analysis of gaps within the existing network, feedback from the community, and input from MPO staff. Right-of-way and drainage concerns were also taken into account during the project development process as they relate to the feasibility of project delivery. Within the 2024 Bicycle and Pedestrian Master Plan, a map of the existing and proposed sidewalk network was provided. Refer to Figure 20 for the referenced map. 37 367 Figure 20. Existing and Proposed Sidewalk Network Source: Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 7Z • 368 Proposed Sidewalk City of Fellsmere Inset -- Network �� Miles N �A u� l Ma Mm t k R .© F ( (tea t � t _I 1 Ee1X1Q2 t mo `G0.ta aag t MM ama �m i aq lepma • 14epawtYUNll" •�ei�royta�tirw MWO ffl]9@1190 raw.. U1ws ��wr OWN" Source: Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 7Z • 368 The map shows an existing wide sidewalk at the east boundary of the study area and continues until 66th Avenue. From 66th Avenue until west of I-95, there is an existing sidewalk along Oslo Road. Additionally, the map shows proposed sidewalks connecting to Oslo Road from 82nd Avenue, 74th Avenue, 66th Avenue, and 58th Avenue. Furthermore, Figure 21 depicts the current and proposed bicycle network for the County. 39 369 Figure 21. Existing and Proposed Bicycle Network Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 no] 370 , Proposed Bicycle City of Felismere Inset Network f.. ion i N �` S ' \ Ilk �1Fjl MEMO A-LFlluQ1 — TV, +. p� t \ qq Ma Ma WAQ - -t .41:1 _ ♦ .r<, � Iwo •. wre mcesoaaasedawisr; (�pp7 �' e • UIM* -• Yom.. .. ' Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 no] 370 The Oslo Road improvement project will construct buffered bike lanes from the east boundary of 58th Avenue and continuing west of I-95. Different bicycle users have different tolerance levels for roadway conditions. Connectivity for bicyclists is more dependent on personal experience and the relative comfort of the environment provided. The bicycle level of traffic stress has four levels: LTS 1, LTS 2, LTS 3, and LTS 4. LTS 1 is the level that most children can use confidently, LTS 2 is the level that will be tolerated by most adults, LTS 3 is tolerated by confident cyclists who still prefer having their own dedicated space or riding, and LTS level 4 is tolerated only by those with limited route or mode choice or cycling enthusiasts that choose to ride under stressful conditions. Figure 22 shows a map of the bicycle level of traffic stress within the County. B-1 371 Figure 22. Bicyclist Level of Traffic Stress Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 5AIK 372 Bicycle Cit of Fellsmere Inset Y Lel of Traffic Stress - - - - -- o s N l: �1 -mom® tem mmm �id6fD MR �m �m am tmaat €€ n mn L mom �m mn ad MO&Z c�en ww Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 5AIK 372 As shown in the above map product, the majority of the Oslo Study Area is an LTS 4, which indicates a high bicyclist stress level. While the addition of a buffered bike lane along Oslo Road will likely improve the overall comfort level along the Corridor, the Corridor will remain designated LTS 4 because of the posted speed being above 35 mph. The 2024 Bicycle and Pedestrian Master Plan also provides a map showing the priority list of bicycle projects. The improvement of Oslo Road within the study area and 82nd Avenue connecting to Oslo Road is among the list of priority projects. Refer to Figure 23 for the map of priority projects. 43 373 Figure 23. Priority Bicycle Projects Priority Bicycle Projects City of Fellsmere Inset Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 Im 374 M, -N] Al 4 IF % \A MC'- 15 I % Mgsl mu area MM 36 31 0 A - -- 25 3 1 - - - - - - - - - - - - 4 3T �Q- - - - - - - - - 20 - -It- - --- : ANNOPANdb.daft�, T' �rilt.Altt•Y1WY: 32 - — — — — ---g2 — — — — - — - =ft waw ...... .... . ftftvftmsmw�&� I Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 Im 374 The need for additional connectivity and safety in the Oslo Study Area may be further attributed to the percent of households walking and biking to work. The area surrounding Oslo Road has approximately 5-10% of households biking or walking to work, and there are only two areas within the County that see a higher percentage of households biking or walking to work. With the improvements being made to Oslo Road, 82nd Avenue, 43rd Avenue, and future proposed improvements along 74th Avenue and 58th Avenue, the County may see an increase in households walking or biking to work rather than commuting by car. Please refer to Figure 24 for a map of the percent of households walking or biking to work. Figure 24. Percent of Households Walking or Biking to Work Source: Indian River County 2024 Bicycle & Pedestrian Master Plan, 2024 45 375 AIR/WATER PORT SYSTEM In an earlier section, the Oslo Study Area was examined from a truck route perspective, and the new Oslo / I-95 interchange was mapped in relation to regional and statewide truck networks. Continuing with the idea of trade and transportation, it is important to look at the Oslo study area in relation to airports and seaports. The Florida Department of Transportation Strategic 2024 Intermodal System provides a visual of all major airports, spaceports, seaports, freight rail terminals, intermodal logistic center, interregional passenger terminals, and urban fixed guideway transit terminal. A map of the state is provided below in Figure 25. Please note, the map has been edited to provide an approximate location of the Oslo / I-95 interchange. Figure 25. FDOT SIS System Map Source: FDOT SIS Atlas, 2024 In regard to airports, spaceports, and seaports, the SIS map shows the new Oslo interchange being located approximately 4 miles from the Vero Beach Municipal Airport, 7 miles from the Ft. Pierce International Airport, 12 Miles from the Ft. Pierce Seaport, 14 miles from the Sebastian Municipal Airport, 35 miles from the we 376 Melbourne International Airport, 55 miles from Port Canaveral, 60 miles from Port of Palm Beach, 64 miles from Palm Beach International Airport, 66 miles from Cape Canaveral Spaceport, and 73 miles from Orlando International Airport. Figure 26 provides a map showing the nearest intermodal connections to the Oslo Study Area. Figure 26. Adjacent Intermodal System Source: Indian River County, 2025 47 377 As the previous maps suggest, the addition of the Oslo / I-95 interchange will provide direct access to I-95 to connect the south County to regional, national, and international trade networks. ADJACENT MUNICIPALITIES AND COUNTIES FELLSMERE The City of Fellsmere is located northwest of the Oslo Study Area. In 2000, the City of Fellsmere and Indian River County entered into an agreement for the provision of emergency water supply services. Because the City did not have an emergency backup water supply source during a possible City water treatment or supply failure, this agreement was likely encouraged by Fellsmere. The agreement outlined the purpose and terms for the construction of a one-way transmission of water from the County's system to the City during times of emergencies. The cost for the interconnection and maintenance of the associated infrastructure was to be borne by The City. The Future Land Use Map of Fellsmere (Figure 27) shows 6 prominent land use designations along I-95: Low Density Mixed Use Neighborhood (LDMXN), Regional Employment Activity Center (REAC), Conservation (CON), L-1 (Low Density with 3 units per 1 acre), AG -1 (Agriculture with 1 unit per 5 acres), and Recreation (REQ. As defined in City of Fellsmere's Comprehensive Plan, Low Density Mixed Use Neighborhoods (LDMXN) are master planned communities that will have a mix of residential and commercial uses. The mixed-use developments may contain a maximum of 85% residential, and the non-residential portions must be a minimum of 15% and a maximum of 40%. Moreover, Regional Employment Activity Centers (REAL) are designed to capture and accommodate large scale regional uses such as large commercial shopping plazas, office or business parks, industrial complexes, hotels/motels, restaurants, gas stations, and other uses which will serve both residents and I- 95 travelers. The Conservation (CON) areas of the Future Land Use Map delineates conservation land resources defined as wetland, vegetative communities, and the 100 -year flood plain. All conservation land shall either remain undeveloped or shall be developed in strict adherence to permit conditions of the applicable state and/or federal agency. 378 The Recreation (REC) land use designation is intended to accommodate existing public and private recreation areas and facilities. The City of Fellsmere retains its historic County Land Use designations of Low - Density Residential -1 (L-1) and Agricultural -1 (AG -1). The L-1 designated area is intended for single-family residential development; however, it is also suitable for nonresidential uses which support residential uses. These may include schools, churches, recreation facilities, and communication and utility uses. For AG -1, the density assigned to agricultural land provides an underlying value to the property as well as specific development rights. There is little likelihood of substantial development in an agricultural land use area. The City of Fellsmere has land either within or near two I-95 interchanges. Surrounding the CR 512 / I-95 interchange and nearing the SR 60 / I-95 interchange, Fellsmere's Future Land Use is primarily Regional Employment, residential, and industrial. F41-41, NUIWA 379 Figure 27. City of Fellsmere Future Land Use Source: City of Fellsmere, 2025 CITY OF VERO BEACH - _ The City of Vero Beach is located northeast of the Oslo Study Area. The Future Land Use Map is provided below (Figure 28). The City of Vero Beach has 12 Land Use designations: Commercial (C), Conservation (CV), Environmentally Significant (ES), Government/Institutional/Public Use (GU), Industrial (I), Mobile Home Park (MHP), Mixed Residential (MR), Mixed Use (MX), Park (P), Residential Low (RL), Residential Medium (RM), Residential High (RH). Although The City of Vero Beach does not have land within or abutting I-95, it does have several corridors. These corridors, comparatively to the I-95 interchange, provide entry points into The City of Vero Beach. Additionally, they are high trafficked areas that the community is consistently exposed to. 50 380 3 Inv AN ---- rti t - - Im, M . IMM ,� PURI` INS on r s�ne� w �^.ror;, IBMEft=801a], ., ... ... .. .. . . . . . . . . . ... ...... Source: City of Fellsmere, 2025 CITY OF VERO BEACH - _ The City of Vero Beach is located northeast of the Oslo Study Area. The Future Land Use Map is provided below (Figure 28). The City of Vero Beach has 12 Land Use designations: Commercial (C), Conservation (CV), Environmentally Significant (ES), Government/Institutional/Public Use (GU), Industrial (I), Mobile Home Park (MHP), Mixed Residential (MR), Mixed Use (MX), Park (P), Residential Low (RL), Residential Medium (RM), Residential High (RH). Although The City of Vero Beach does not have land within or abutting I-95, it does have several corridors. These corridors, comparatively to the I-95 interchange, provide entry points into The City of Vero Beach. Additionally, they are high trafficked areas that the community is consistently exposed to. 50 380 The Beachland Boulevard Corridor is maintained from Mockingbird Drive to Eagle Drive as a premier office corridor particularly for professional services, banking, and financial activities. Miracle Mile Corridor generally refers to properties centered on 21St Street between U.S. Highway 1 and Indian River Boulevard. The City's Comprehensive Plan suggests the need to support a new mixed-use zoning district or special district under the current Commercial (C) Future Land Use designation to promote mixed-use development. Additionally, the U.S. Highway 1 Corridor focuses on development and strategies to create well designed mixed-use projects and cross -connections for vehicles, pedestrians, and bicycle traffic, and it is the intention of this corridor to enhance landscaping along the right-of-way. Figure 28 will provide a visual of the Future Land Use within the City of Vero Beach, and it will show predominantly Commercial and Mixed Use Land Use designations along the corridors. 51 381 Figure 28. City of Vero Beach Future Land Use Source: City of Vero Beach, 2025 ST. LUCIE COUNTY St. Lucie County is located south of the Oslo Study Area, and its Indrio Rd / I-95 interchange provides access to I-95 for Indian River County residents located in south County. St. Lucie County has 17 Future Land Use designations: Agriculture -5 (AG -5), Agriculture -2.5 (AG -2.5), Residential Estate (RE), Residential Suburban (RS), Residential Urban (RU), Residential Medium (RM), Residential High (RH), Residential/Conservation (R/C), Conservation -Public (Cpub), Commercial (COM), Industrial (IND), Public Facilities (P/F), Transportation/ Utilities (T/U), Mixed Use Development (MXD), Historic (H), Special District (SD), and Towns, Villages, and Countryside (TVC). The primary Future Land Use designation surrounding St. Lucie County's Indrio Rd / I-95 interchange is Towns, Villages, and Countryside (TVC). St. Lucie's Comprehensive Plan defines the TVC Land Use as a designation to accommodate future growth within the Special Area Plan for North St. Lucie County in the existing, undeveloped rural areas with a planning strategy that will ensure a 52 382 OFFICIAL FUTURE LAND USE MAP OF THE CITY OF EACIL FLORIDA I --' -\ FIX I I i I i �.. �.�. Source: City of Vero Beach, 2025 ST. LUCIE COUNTY St. Lucie County is located south of the Oslo Study Area, and its Indrio Rd / I-95 interchange provides access to I-95 for Indian River County residents located in south County. St. Lucie County has 17 Future Land Use designations: Agriculture -5 (AG -5), Agriculture -2.5 (AG -2.5), Residential Estate (RE), Residential Suburban (RS), Residential Urban (RU), Residential Medium (RM), Residential High (RH), Residential/Conservation (R/C), Conservation -Public (Cpub), Commercial (COM), Industrial (IND), Public Facilities (P/F), Transportation/ Utilities (T/U), Mixed Use Development (MXD), Historic (H), Special District (SD), and Towns, Villages, and Countryside (TVC). The primary Future Land Use designation surrounding St. Lucie County's Indrio Rd / I-95 interchange is Towns, Villages, and Countryside (TVC). St. Lucie's Comprehensive Plan defines the TVC Land Use as a designation to accommodate future growth within the Special Area Plan for North St. Lucie County in the existing, undeveloped rural areas with a planning strategy that will ensure a 52 382 settlement pattern that is sustainable, predictable, protects and enhances the rural environment, and improves the citizen's quality of life. Zoning Districts within the TVC Land Use consist of residential, commercial, industrial, utilities, institutional, subdivisions, retail/workplace, planned towns/village, and conservation. A map of St. Lucie County's Future Land Use is provided below in Figure 29. Figure 29. St. Lucie County Future Land Use Map Source: St. Lucie County, 2025 PUBLICE ENGAGEMENT As part of the Oslo Corridor Study, Indian River County conducted public engagement sessions with county residents and stakeholders. The public engagement was designed to reach a broad audience by offering in-person and online workshops. The intent of the public workshops was to understand the public's preferences about the type and intensity of development within the Oslo Study Area. A full summary of each workshop and a combined summary of all workshops may be found in Appendix A. 53 383 . N:. CDM St. Lucie County 51 X19 ^H Future Land Use AGS -_.��. H �A � OMunkipelMivs I M D _ AG2.5. Agdodturai, t sMl1.5 « A45. Agiakurel 1 du/5 ec ROW FORT C� \\ cDM.c««„e�ml ,"C%IB,fanurvatiu�PWik as PIERCE PSP,P F.A., ^NX 'i a5 j425 IND, Industslal � MXD, -M the " •_ NE, P.s .WEstate, Id. - •� r 9 NS, —d—I Su w 2 &A, n NU,Nesid.e Ur 6M/ec — . # •{�P„ FM, Rev —A MM um, 9 dWnc PH,—,v .W HIgA 15 d✓u: �rNi TVC, T«ms, Wlfages 6COunrynidr - �Hll.Iransportadm/UIIUtMs W aW (f� CPue NOW Y Source: St. Lucie County, 2025 PUBLICE ENGAGEMENT As part of the Oslo Corridor Study, Indian River County conducted public engagement sessions with county residents and stakeholders. The public engagement was designed to reach a broad audience by offering in-person and online workshops. The intent of the public workshops was to understand the public's preferences about the type and intensity of development within the Oslo Study Area. A full summary of each workshop and a combined summary of all workshops may be found in Appendix A. 53 383 Through these workshops, it became clear that the community's concern about future growth along Oslo Road primarily centered around environmental impact, traffic congestion, depleting active agriculture operations, and a worry of losing the small-town character that appealed to many residents. When asked to propose specific zoning within the Oslo Corridor, the results showed a preference for agriculture, industrial, and commercial west of I-95. Alternatively, there was a want for public spaces/parks, agricultural, single- family residential, and medical facilities east of I-95. Within both the in-person workshops and online questionnaire, a common preference was a walkable, old Florida corridor that provided plenty of public spaces and landscaping while preserving agriculture operations. Ultimately, when asked for a center type to serve as a foundation for the Oslo Corridor, there was significant support for a town center. Arguably, the town center provided an agreeable mix of characteristics the community would like within the Oslo Corridor. This center often has public parks and squares with regularly held events, local grocery stores, farmer's markets near farmland, and mixed-use and single-family housing. Thus, Indian River County residents expressed a preference for an old Florida, walkable town center with an emphasis on public spaces, landscaping, and preserving agricultural operations. The community is committed to preserving all that makes Indian River County unique and not sacrificing their quality of life or natural resources. SUMMARY AND RECOMMENDATIONS The Oslo Corridor Study began following the County's Urban Service Boundary Study. Inspire Placemaking Collective was contracted to consult on the USB Study to examine the County's housing characteristics, current land use, vacant parcels, future land use, zoning, environmental constraints, transportation system, traffic volume, and infrastructure to predict the County's carrying capacity by 2050. With the prediction of 42,698 new residents by 2050, Inspire concluded that we were able to accommodate 51,049 new residents without a change to the USB. However, within Inspire's formal recommendation, it was suggested for Indian River County to examine the need of increasing the Urban Service Boundary around the new Oslo / I-95 interchange. W 384 Since Indian River County determined a need for a new I-95 interchange at Oslo Road, it has been a part of FDOT's priority list. After nearly 25 years, the FDOT began construction on the new I-95 interchange. In 2010, the County adopted the Indian River County 2030 Comprehensive Plan. Within the adopted plan, it was stated that a need to expand the USB around the new Oslo / I-95 interchange will likely exist. The construction of the new interchange would result in an increase demand for commercial and industrial development, and it would allow for additional employment opportunities in south county. During the Oslo Corridor Study, the Planning and Development Services Department consulted County departments to determine infrastructure concerns, examined existing land uses within the study area, gathered public feedback, analyzed current and proposed roadway improvements in and surrounding the area, and reviewed the Corridor's location relative to nearby airports and seaports. Based on the compiled quantitative data, analysis of the Urban Serve Boundary, and collecting responses from the community, the Indian River County Planning and Development Services Department recommends the following approach be integrated into the overall Indian River County Comprehensive Plan update: Oslo USB Expansion: It is recommended that the current USB along Oslo Road / 9th Street SW be strategically expanded to encompass the area from 58th Avenue SW to 74th Avenue SW, bounded by 5th Street SW to the north and 13th Street SW to the south. Additionally, the USB should further extend westward along Oslo Road / 9th Street SW to 98th Avenue SW within the same northern and southern limits. This proposed expansion will incorporate approximately 2,180.3 acres into the USB, effectively addressing increasing development pressures and fostering enhanced economic vitality in southern Indian River County. Furthermore, this expanded USB aligns with the future interchange, facilitating improved accessibility and integration with regional and national transportation and trade networks. ➢ Temporary Moratorium: The Department recommends implementing a temporary moratorium on rezoning requests within the proposed Oslo Corridor for an initial period of six (6) months, with the option to extend the moratorium by an additional six (6) months if deemed necessary. This moratorium will allow the Planning Department sufficient time to comprehensively restructure the Future Land Use designations, as well as finalize cohesive development guidelines and architectural standards specific to the Oslo Corridor. W 385 Such action will ensure alignment with the long-term vision and prevent potential future nonconforming developments. ➢ Corridor Overlay District: An Overlay District is recommended for establishment within the Oslo Corridor, clearly defined with boundaries extending from 58th Avenue SW eastward to 98th Avenue SW westward, with 5th Street SW to the north and 13th Street SW to the south. This overlay district will outline precise regulations concerning zoning classifications, permitted land uses, architectural and landscaping standards, and appropriate building setbacks. The primary objective of this Overlay District is to create an attractive, coherent gateway that represents the core values of Indian River County's new focal point, ensuring consistency, quality of life, and visual appeal in future developments along this vital corridor. An alternative option has been provided below: • No Oslo USB Expansion: The Board of County Commissioners may choose to not increase the current Urban Service Boundary surrounding the new Oslo / I-95 interchange. The existing zoning conditions and Future Land Use will remain, and there will not be a need to create an Overlay District. 56 386 I Am� TABLE OF CONTENTS Introduction.......................................................................................................... iii Online Survey Results........................................................................................... vi In -Person Workshop Results................................................................................. xi Indian River County Commissioner Chambers Workshop ................... xi Indian River State College Workshop .................................................... xv Intergenerational Recreation Center Workshop .................................. xxi North Indian River County Library Workshop ................................. xxvii Combined Workshop Results........................................................................... xxxii Types of Centers.................................................................................. xxxii Corridor Theme.................................................................................. xxxiv Wants & Don't Wants.......................................................................... xxxv Proposed Zoning............................................................................... xxxvii Questions, Comments, Suggestions ................................................. xxxvii Workshop Photographs......................................................................... xlv Analysis/Key Takeaways.................................................................................. xlviii 11 PUBLIC ENGAGEMENT SUMMARY INTRODUCTION During the evaluation process, Indian River County hosted public engagement workshops with County residents and stakeholders. By providing the public with in-person and online workshops, the County encouraged engagement and gained insights about the community's preferences regarding the Oslo area. The methods for public outreach are provided below: 1) Online Questionnaire: A website questionnaire was created to offer similar experiences and information to those unable to attend an in-person workshop. The online workshop included information about the I-95 interchange and the Oslo study area. Moreover, there were 9 questions and short answer responses to further understand the community's preference. The questionnaire was open from April 2, 2025, through April 9, 2025, and it received 170 submissions. 2) Public Workshops: The County hosted 7 workshops over a four-day period to encourage residents to participate in the in-person, interactive workshop sessions. The following workshops were conducted: • March 19, 2025: Indian River County Board of County Commissioners Chambers, Vero Beach, FL (11 a.m. and 6 p.m.) • March 25, 2025: Indian River State College, Vero Beach, FL (6 p.m.) • March 26, 2025: Intergenerational Recreation Center, Vero Beach, FL (11 a.m. and 6 p.m.) • March 31, 2025: North County Library, Sebastian, FL (11 a.m. and 6 p.m.) The in-person and online workshops began by discussing the FDOT I-95 interchange work, the current Urban Service Boundary and its history, final recommendations by Inspire consultants, the Oslo Study Area, current zoning, Future Land Use, and directions for the interactive workshop stations. The interactive portion of the workshop consisted of the following exercises: a) Types of Centers: This station was designed to explore an individual's preference for center design. Each participant was provided three stickers consisting of a green sticker, a yellow sticker, and a red sticker. The center that was most appealing for the individual received a green sticker. The center 111 389 that was slightly less appealing received a yellow sticker. Finally, the least desirable center received a red sticker. To further quantify the rankings, the star rating was applied to the types of centers. For the participants most preferred, the center received three stars, the second preferred received two stars, and the least preferred center received one star. An average rating was calculated for the individual workshops and a cumulative average rating was generated following all in- person and online workshops. The three centers are detailed below: 1) City Center (Regional): This center is described as having high quality public parks and squares with regularly held event, and there are networks of trails for biking and pedestrian commuters. There is a high level of pedestrian activity and economic vitality, a wide mix of uses in a compact format, and most daily needs (work, shopping, and recreation) are offered just a short walk away. The housing consists mostly of multi -family housing with ground floor retail or office. There are regional shopping destinations with national chains and brands as well as local shops. Moreover, there are regional event spaces for shows, concerts, and other events. One can expect a large number and variety of sidewalk cafes, restaurants, bars, and a movie theater. A city center is a regional employment center that attracts employees from the greater area with short commutes. There are high quality schools and more school choices than less dense areas, and it is a job incubator and less expensive spaces for rent. Finally, there are many large grocery stores and pharmacies within the city center. 2) Town Center (Community): This center features public parks and squares with regularly held events, a vibrant mix of retail, office, and residential uses, and a higher percentage of residential. The town center serves local residents and those from the surrounding area, and the majority of daily needs (work, shopping, recreation) can be met within the station area. The housing types is primarily multi- family housing with ground floor retail or office near the station. As one moves further from the heart of the center, single-family homes are more common. There are a large number and variety of sidewalk cafes, restaurants, bars, and shopping including a mix of local and national brands. The town center will have small grocery stores and farmer's markets at major intersections near farmland. Additionally, it will be a local employment center with short commutes for employees, and there will be some high-quality schools with less school choices compared to the city center. iv 390 3) Neighborhood Center: The final center type is the neighborhood center. This center consists of mostly single-family housing with some multi -family housing units close to transportation stations. There is some ground floor retail and office, and a few monthly needs (like shopping) can be met within the area. This center primarily serves local residents, but it can be a destination for people aware of the place. Moreover, there are some local jobs; however, they are primarily in the service sector. Corner stores will serve grocery needs and farmer's markets will likely be located at major intersections near farmland. It is common within neighborhood centers to have large scale green spaces with a wide variety of uses, but there are fewer events. b) Wants and Don't Wants: At this station, participants received five stickers. The stickers consisted of three green and two red. The green represented something the participant wanted and/or prioritized in the Corridor, while the red represented something that the participant did not want to see within the Corridor. There were 20 options to choose from: regional competitiveness, affordable housing, mixed use, architectural standards, detached single-family, multi -family, walkability, public transportation, open spaces/public squares, workforce housing, increased building height, job opportunities, preserve farmland, live -work units, large -lot single-family, small -lot single-family, industrial, commercial, multi -tenant office buildings, and entertainment/ events. c) Corridor Theme: This station focuses on the overall theme the community wanted to see within the Oslo Corridor. Participants received two green stickers and one red sticker. As with previous stations, the green represented something the individual preferred, and the red represented something the individual least preferred. There were six themes presented to the community: old Florida, walkability, agritourism, art deco, industrial edge, and public spaces/ landscaping. d) Proposed Zoning: At this station, the public was presented with a map of the proposed corridor and given eight stickers: commercial, medical, industrial, single-family, multi -family, mixed use, agriculture, and public recreation. The participant was asked to place the provided stickers on the map where they would like to see the before -mentioned zoning. Please note, participants were not limited MA 391 to a certain number of stickers, nor were they required to place all of the stickers on the zoning map. e) Questions, Comments, and Suggestions: The last station provided an opportunity for the public to write any additional questions, comments, or suggestions they had and place them in an anonymous envelope. For those that wanted their questions answered, they provided their name and preferred contact information. Please note, except for the proposed zoning station, all of the above-mentioned stations were offered on the online questionnaire workshop. ONLINE SURVEY RESULTS The nine -question online workshop was opened for participation April 2, 2024, and closed at 4:59 p.m. on April 9, 2025. The questionnaire was promoted by County staff and was sent to each registered voter within the County via email. The online workshop was developed to provide a similar experience as the in- person workshop. The online form provided information on the participant's center preference, priorities, desired theme, and the ability to offer any input that was not included in the questionnaire. Five of the questions included imagery and different characteristics with the intent on gauging the respondent's preferences. As mentioned in the previous subsection, the online workshop offered the same workshop questions as the in- person workshops except for the proposed zoning station. The online questionnaire had 170 responses. The results are as follows. What is your preferred center type? V1 392 Table 4. Online Types of Centers city 55 30% 46 34% 69 36% Town 86 47% 58 43% 26 13% Neighborhood 42 23% 30 22% 98 51% Total 183 100% 134 100% 193 100% The town center was most preferred with 47% of participants choosing it as their first choice. The city center was second with 30%. Finally, the neighborhood center was the third favorable center with 23%. Within the indifferent category, the town center scored the highest with 43%, the city center second with 34%, and the neighborhood center last with 22%. Finally, for the opposed category, the neighborhood center was the highest with 51% against, the city center second with 36%, and the town center third with 13%. The online workshop identified the town center as the leading center with an average rating of 2.35 stars. The city center was second with 1.92 stars, and the neighborhood center was third with 1.67 stars. What is your preferred corridor theme? Figure 32. Online Corridor Theme _ Corridor Theme Public Spaces/Landscaping Industrial Edge i I i G 94 394 Table 5. Online Corridor Theme Theme Number in Favor Percent in Favor NumberAgainst PercentAgainst Old Florida 84 27% 5 3% Walkability 93 30% 4 2% Agritourism 40 13% 24 14% Art Deco 12 4% 39 23% Industrial Edge 10 3% 94 55% Public Spaces/Landscaping 70 23% 4 2% Total 309 100% 170 100% The most preferred corridor theme was walkability with 30% of participants in favor. This was followed by old Florida with 27% in favor, and public spaces/landscaping with 23%. Within the opposed category, industrial edge was the least preferred with 55%, followed by art deco with 23%, and agritourism with 14%. What features would you like to see within the Corridor? What feature would you not like to see within the Corridor? Figure 33. Online Wants and Don't Wants Wants & Don't Wants as._-------------- 76 __._-. i so 50 40 30 ( 20 - - - 1 __ 0 _ _ eN`a` as oJy\c� 2Ov� Jc�ee oy�ca` eaJye �a~�°� t��aca l`$0, eke 6° ° 0 Ooy Qe \`a ti�Q e�ac�\yz Ove Q ■ Number in Favor ■Number Against 1X 395 Table 6. Online Wants and Don't Wants Affordable Housing 27 5% 48 15% Walkability 47 9% 2 1% Job Opportunities 23 5% 1 0% Industrial 7 1% 58 18% Mixed Use 37 7% 3 1% Public Transportation 20 4% 3 1% Preserve Farmland 61 12% 10 3% Commercial 26 5% 8 2% Architectural Standards 29 6% 4 1% Open Spaces/Public Squares 78 16% 3 1% Live -Work Units 6 1% 3 1% Multi -Tenant Office Buildings 3 1% 15 5% Detached Single -Family 15 3% 13 4% Workforce Housing 13 3% 22 7% Large -Lot Single -Family 32 6% 12 4% Entertainment/Events 48 10% 5 2% Multi -Family 3 1% 26 8% Increased Building Height 3 1% 67 21°x6 Small -Lot Single Family 6 1% 15 5% Regional Competitiveness 12 2% 3 1% Total 496 100% 321 100% The most desired feature was the preservation of open spaces/public squares (16%). The next highest preference was preservation of farmland (12%), and the third was entertainment/ events (10%). The least desired feature was increasing the building height (21%). Industrial was second for least preferred (18%), and the third least preferred was affordable housing (15%). Do you have any additional questions, comments, or suggestions? The online workshop received 101 written responses. In an effort to organize the responses, they have been separated into categories. Please note, for responses that mentioned multiple aspects, they were placed into a category that most defined the written topic. A list of all responses may be found on Page xxxvii. 34 responses provided feedback for this workshop or suggestions for future workshops. 21 responses focused on growth management. 17 addressed economic development, nine commented on traffic and roadway, five on preserving rural character, five on natural resource management and environmental compliance, five on equitable access to services, three on affordable housing, and two on walkability and bikeability. 396 BOARD OF COUNTY COMMISSIONERS CHAMBERS RESULTS Xl 397 Of the three center types, the town center was most preferred with 47% of participants choosing it as their first choice. The neighborhood center was second with 42%. Finally, the city center was the least favored center with 11%. Within the indifferent category, the town center scored the highest with 50%, the neighborhood center second with 28%, and the city center last with 22%. Finally, for the opposed category, the city center was the highest with 68%, the neighborhood center second with 27%, and the town center third with 5%. The in-person BCC workshop identified the town center as the leading center with an average rating of 2.42 stars. The neighborhood center was second with 2.11 stars, and the city center was third with 1.38 stars. What is your preferred corridor theme? Figure 36. BCC Corridor Theme Corridor Theme Public Spaces/Landscaping 0 14 Industrial Edge 5 � 2 Art Deco Agritoudsm Walkabiltty ° 35 1 Old Florida 1 MI i 4 16 0 2 4 6 8 10 12 14 16 18 ■ Number Against a Number in Favor Table 8. BCC Corridor Theme Number in Favor Percent in Favor Number Against Percent Against Old Florida 4 8% 1 4ii Walkabitity 15 29% 0 0% Agritourism 16 31% 3 13% Art Deco 1 2% 15 63% Industrial Edge 2 4% 5 21% Public Spaces/Landscaping 14 27% 0 0% Total 52 100% 24 100% The most preferred corridor theme was agritourism with 31% of participants in favor. This was followed by walkability with 29% in favor, and public spaces/landscaping with 27%. X11 398 • • • X111 Affordable Housing 4 6% 5w 12% Walkability, 2.. 3% Q ..: 0% Job Opportunities 3% 0% Industrial 3 4% 12% Mixed Use 0 0% 0: ,'0% Public Transportation 1: 196 p 0% Preserve Farmland 5% Commercial 2 336 1 2% Architectural Standards ® 13% 0% Open Spaces/Public Squares 5 .. 7% 0% Live -Work Units 0% 0% Multi -Tenant Office Buildings O 0% 12% Detached Single -Family 3% 0% Workforce Housing 1 1% 1 2% Large-LotSingle-Family 10 15% 0 0% Entertainment/Events 1 1% 1 2% Multi -Family 7% 5% Increased Building Height b 0% 11 26% Small -Lot Single Family 2 3% 17% Regional Competitiveness 0 00/0 2 5% Total � 6 , X00% 100% 399 The most desired feature was the preservation of farmland (27%). The next highest preference was large -lot single-family (15%), and the third was architectural standards (13%). The least desired feature was increasing the building height (26%). Small -lot single-family was second for least preferred (17%). The third least preferred (12%) was a tie between affordable housing, industrial, and multi -tenant office buildings. Where would you like to see certain zoning within the study area? Figure 38 shows the BCC proposed zoning station map with the zoning stickers shown. Figure 38. BCC Proposed Zoning X1v 400 XV Table 10. BCC Proposed Zoning Zoning East of 1-95 Percent East of I-qr; k�!eqt n! f Ppyrent kVpqt of 1-95 =1 Agriculture 4 Commercial 9 Xlb 2. 6 Industrial Medical 2. _ v , 4% Mixed-use 5%F 0 Multifamily 2 4% :.: 0% Public Spa' 96 Single Family Residential 9 - - 19% 2 . 10% Total 100% n To quantify the data from the proposed zoning map, the map was separated between east of I-95 and west of I-95. The most preferred zoning east of I-95 was public space/park (21%). The second was a tie (19%) with commercial and single-family residential. The third most preferred zoning category east of I-95 was mixed-use (15%). Alternatively, the most preferred zoning category west of I-95 was agriculture (55%). The second was a tie (10%) consisting of commercial, industrial, and mixed-use. The third preference was medical (5%). Do you have any additional questions, comments, or suggestions? The final station offered participants the opportunity to voice any questions or concerns. There were two comments from the BCC workshop, and they focused on growth management. A full list of written responses is provided in Page xxxvii. INDIAN RIVER STATE COLLEGE RESULTS What is your preferred center type? XVl 401 The town center was the most favorable center type with 86% of participants choosing it as their first choice. The second most favored center type was city (14%), and neighborhood was third (0%). Within the indifferent category, city center scored the highest (57%), neighborhood center was second (29%), and town center was third (14%). Finally, within the against category, the neighborhood center was the least preferred (71%), the city center second (29%), and the town center last (0%). Overall, this workshop preferred a town center with an average rating of 2.86 stars, followed by a city center with 1.86 stars, and a neighborhood center was their least preferred center type with 1.29 stars. What is your preferred corridor theme? Figure 41. IRSC Corridor Theme { Corridor Theme i P_ub0cSpaces/Landscaping {t 2 I ; � Industrial !Edge 2 ' j I:. 1 Art Deco i. I 2 . .. 14 Agritourism 1 1 j i jp i Walkabitity 1 7 1 Did Florida 0 1 2 3.: 4 5 8 7 8 •Number Against ENumb6tinFavor. Table 12. IRSC Corridor Theme Theme Number in Favor Percent in Favor !inst Percent Against Old Florida Walkability 7 4796 0Ir Agntourism 1 Art Deco 2 13%.-:: 5796 Industrial Ede 7M Public Spaces/Landscaping2 13% 0 X96 Total 100% I 403 i I The most preferred corridor theme was walkability (47%). The second most favorable is a tie (13%) with old Florida, art deco, and public spaces/landscaping. The theme chosen the least for favorable was tied (7%) and consisted of agritourism and industrial edge. Within the against category, participants were most against art deco (57%), then industrial edge (29%), and finally agritourism (14%). What features would you like to see within the Corridor? What feature would you not like to see within the Corridor? Figure 42. IRSC Wants and Don't Wants Wants & Don't Wants 5`01foo o 5 a a �' " a� �e a� eti aF Zo `tea 6o aJ +e oto a�c� of �� 4� ,cue �� �Q Pio NO Q°�\\` Q`ea te`e`s a°a�Q�ac�O rea �o `�4o ca ayaa� ti a``� ca`Go P` yQ �a Oe ' oce ` �o OQec �`�c Qa ■ Number in Favor ■ Number Against 404 Table 13. IRSC Wants and Don't Wants Job Opportunities Industrial .. 6% Mixed Use Public Transportation Q 0% 0 Preserve Farmland Commercial Q;:. 09i :::. 1: 8% Architectural Open Spaces/Public Squares - 3 16%- .0 09i Live -Work Units Multi -Tenant Office Buildings Q 01A _ 2 8% Detached Single -Family Workforce Housing 0 096 b 011S: Large -Lot Single -Farr[ Entertainment/Events 2:: i116:. b!6 Multi -Family 0 04 Increased Building Height o 0% 1 ., _ 9% Small -Lot Single Family 0 0% Regional Competitiveness 1 5% 0 0% Total 19 100% 12 100% The two most favorable features were open spaces/public squares (16%) and detached single-family (16%). The second most favorable was a tie with 5 features: affordable housing (11%), walkability (11%), mixed use (11%), large - lot single-family (11%), and entertainment/ events (11%). The third most favorable feature consisted of job opportunities (5%), industrial (5%), and regional competitiveness (5%). The two least favorable features were detached single-family (25%) and small - lot single-family (25%). The second least desirable features were affordable housing (8%), industrial (8%), commercial (8%), multi -tenant office building (8%), multi -family (8%), and increasing the building height (8%). The remaining features all received zero votes. Where would you like to see certain zoning within the study area? Figure 43 shows the IRSC proposed zoning station map with the zoning stickers shown. 405 Figure 43. IRSC Proposed Zoning Table 14. IRSC Proposed Zoning Agriculture 0 0% 26% Commercial 4 13% 17% Industrial 6% _: 22% Medical 3 1D% - 3 13% Mixed-use 6 19% OIIa 0% Multifamily 2 6% 8..: 13% Public Space/Park 5 16% 2 9% Single Family Residential 9 29% 0 0% Total 31 100% 23 1000A The most preferred zoning district east of I-95 was single family residential (29%). Mixed-use (19%) was second, and public space/park (16%) was third. West of I-95, the most preferred zoning district was agricultural (26%). Industrial (22%) was second, and commercial (17%) was third. XX 406 Do you have any additional questions, comments, or suggestions? XXI Table 15. IG Center Types of Centers :Type NumbefinFavor city -Percent 9 in Favor____ Number 9% Indifferent __ Percent 40 Indifferent NumberAgainst 47% Percent 41 Against 42% Town 71 75% 21 25% 3 3% Neighborhood 15 -16% 24 28% 53 55% Total 95 100% 95 100% 97 100% The town center was the most favorable center type with 75% of participants choosing it as their first choice. The second most favored center type was neighborhood (16%), and the city center was third (9%). Within the indifferent category, city center scored the highest (47%), neighborhood center was second (28%), and town center was third (25%). Finally, within the against category, the neighborhood center was the least preferred (55%), the city center second (42%), and the town center last (3%). Overall, this workshop preferred a town center with an average rating of 2.72 stars, followed by a city center with 1.64 stars, and a neighborhood center was their least preferred center type with 1.59 stars. What is your preferred corridor theme? Figure 46. IG Center Corridor Theme Public Spaces/Landscaping Industrial Edge Art Deco Agritourism Watkability Old Florida Corridor Theme 408 Table 16. IG Center Corridor Theme Theme Number in Favor Percent In Favor NumberAgainst PercentAgainst Old Florida 56 26% 1 1% Walkability 58 27% 1 1% Agritourism 41 19% 7 6% Art Deco 2 1% 30 28% Industrial Edge 5 2% 69 64% Public Spaces/Landscaping 53 25% 0 0% Total 215 100% 108 100% The most preferred corridor theme was walkability (27%). The second most favorable was old Florida (26%), and public spaces/landscaping was third (25%). Within the against category, participants were most against industrial edge (64%), followed by art deco (28%), and finally agritourism (6%). What features would you like to see within the Corridor? What feature would you not like to see within the Corridor? Figure 47. IG Center Wants and Don't Wants Wants & Don't Wants �aYa \cao ��+¢ eQo� Qa�� �� dao G5a o�� BJ�� `�Q ¢�d� ¢� �\\a¢ ao OQQ° qac C'¢ Go Jp�` e O`o¢ ag�p�o�o ��o� �¢ �o J\`p� 9`0� Q¢ P o�O foo b�o� Q`¢y¢ 4¢oti0 `¢y\Q �c 5¢a� ` o� a`CP hoc ■NumberinFavor ■Number Against 409 Table 17. IG Center Wants and Don't Wants Arr b% 8% Walkability 10% '0 0% Job Opportumtie, 8 30l0�-� 0% Industrial 1 0% 41- 22% Mixed Use r ; ,. 2% 0% Public Transportation 8 3% 2 1% Preserve Farmland ^',r Commercial ;:: p% 23 12% Architectural Standards �s 12°r6 Open Spaces/Public Squares 54 19% 1 i% Live Work Units 1%0% Multi -Tenant Office Buildings 2 _ 1% 4 2% Detached Single -Family 4% 2% Workforce Housing 4 1% o 5% Large -Lot Single Family, , 4% 2% Entertainment/Events .. ..: JO:.: 11% 0,.. 0% Multi Family„ 2% 7% .�. Increased Building Height $54 1% o 29/0 Small -Lot Single Family 1% Regional Competitiveness 4 1°rb 0 0% Total 10096' The two most supported features were open spaces/public squares (19%) and preservation of farmland (19%). The second most favorable was architectural standards (12%). The third most preferred feature was entertainment/ events (11%). The least encouraged features were increased building height (29%), industrial (22%), and commercial (12%). Where would you like to see certain zoning within the study area? Given the size of the IG workshops, the proposed zoning maps are separated into morning and evening maps. Figure 48 shows the morning IG proposed zoning station map with the zoning stickers shown, while Figure 49 shows the evening IG proposed zoning station map with the zoning stickers shown. Xxiv 410 W� f gFsi�gg .BR..4 G.! y ,.l f •at vi ,... ... Figure 49. IG Center Evening Proposed Zoning Table 18. IG Center Proposed Zoning A` KTOW —`,t 36 18% ry 47% Commercial 10 5% 4 _ 6% Industria " � � 13 7% 8 m" 11 Medical - 37 19% 4 6% Mixed-use ` 8 1Q 14% Multifamfiy 2211% 2" 3% Public Spacel arC "_4d .� .., .. . 'Y2%' $ % Single Family Residential 26 13% 1 1% Total 196 100% 70 100% The most preferred zoning east of I-95 was public space/park (22%). The second was medical (19%), and the third was agriculture (18%). XXVI 412 Alternatively, the most preferred zoning category west of I-95 was agriculture (47%). The second was mixed-use (14%), and the third was a tie (11%) with industrial and public space/park. Do you have any additional questions, comments, or suggestions? There were 15 written responses at the in-person IG workshops. Nine responses focused on traffic and roadway, three addressed growth management, one on equitable access to services, one on economic development, and one provided feedback on the workshop. Please note, a full list of written responses is provided in Page xxxvii. NORTH COUNTY LIBRARY RESULTS What is your preferred center type? Figure 50. North County Library Types of Centers by Type TYPES OF CENTERS BY TYPE ■ City ■Town ■ Neighborhood Figure 51. North County Library Types of Centers by Preference Tom I..... .. u � .. ... s Nei Total 20 Oft � 21 100% 22 100% The town center was the most favorable center type with 70% of participants choosing it as their first choice. The second most favored center type was neighborhood (30%), and the city center was third (0%). Within the indifferent category, city center scored the highest (48%), neighborhood center was second (29%), and town center was third (24%). Finally, within the against category, the city center was the least preferred (55%), the city neighborhood second (41%), and the town center last (5%). This workshop preferred a town center with an average rating of 2.65 stars. The second most preferred was the neighborhood center with 1.86 stars, and the city center was their least preferred center type with 1.46 stars. What is your preferred corridor theme? XXvi11 414 Public Spaces/Landscaping Industrial Edge Art Deco Agritourism Walkabl* J Old Raride 0 2 4 6 8 10 12: 14 18: 16 20 ■ Number Against ■ Number in Favor Table 20. North County Library Corridor Theme Old Florida ;� 0% Watkability 6% Agritourism 0(* Art Decoa .:. 0% 13 . 39% Industrial Ed '559 ; Public Spaces/Landscaping I8 31S.0 0% Total 59 100% 33 100% The most preferred corridor theme was public spaces/landscaping (31%). The second most favorable was agritourism (29%), and old Florida was third (25%). Within the against category, participants were most against industrial edge (55%), followed by art deco (39%), and finally walkability (6%). What features would you like to see within the Corridor? What feature would you not like to see within the Corridor? Figure 53. North County Library Wants and Don't Wants _ ----- ------- Wants - Wants & Don't Wants s _ 30 .. - — - __.__ T..__.. - ----_.�-- ----w- 25 _ _----- 20 -- 20 f a. I 5— o .l . _-- s _-. _ ._ u _. _ _ - A__ _.t °�`� a c `caJy \+aa Q°ba Qa�� �.F� �aoaa goJ o�tJ � �Q� Jy°J�' `Fad cJ�C `rQa� y+ eFaaa�� a app OP Q `aoy �a G° `a�0 Jr`�o OFF Q�aye4ay�Q �� actip'i� Crap yaapJ Baa cca°p ■ Number in Favor ■ Number Against Table 21. North County Library Wants and Don't Wants Affordable Housi' Walkability !i :. .:: 0 _ Job Opportunities Industrial 1 1% .10 20%U. Mixed Use Public Transportation 2 S%, : 0 016 Preserve Farmland Commercial2 3% 2 496: Architectural Standards. Open Spaces/Public Squares 21 2196. 0 Live -Work Units Multi -Tenant Office Buildings b 096 1 Detached Single -Family Workforce Housing 3 : 4% 0 ::.: .. :: Large -Lot Singte-Family Entertainment/Events 1 1% 1 29i i Multi -Family 1 Increased Building Height 0 . 0% 20 39% Small -Lot Single Family ` 0% Regional Competitiveness 0 0% 49t Total 78 100% The most preferred feature was preservation of farmland (35%). The second most favorable was open spaces/public squares (27%), and the third most desired feature was large -lot single-family (9%). 416 The least agreeable features were increased building height (39%), industrial (20%), and the third was a tie (8%) with affordable housing and regional competitiveness. Where would you like to see certain zoning within the study area? Figure 54 shows the North County Library proposed zoning map with the zoning stickers shown. Figure 54. North County Library Proposed Zoning 417 Table 22. North County Library Proposed Zoning Agriculture ` Raw" 20 33% Commercial 6 996 5 19% Industrial Ji0% 4 15% Medical 11 1096 0 0% 4 ' 11% Multifamily 4 SPAQ .::. 0% 12 15% Single Famity Reaidet>ft 12 17% 2 7% Total 69 100% 27 00% The most preferred zoning east of I-95 was agriculture (29%). The second was a tie (17%) with single family residential and public space/park, and the third was medical (16%). Moreover, the most preferred zoning category west of I-95 was agriculture (33%). The second was commercial (19%), and the third was a tie (15%) with industrial and public space/park. Do you have any additional questions, comments, or suggestions? When given the opportunity to provide additional comments or ask questions, seven participants provided written responses. Two addressed growth management, one focused on natural resource management and environmental compliance, one commented on preserving rural character, one on economic development, one gave comments regarding the workshop, and one provided traffic and roadway feedback. A list of all comments is available in Page xxxvii. COMBINED WORKSHOP RESULTS TYPES OF CENTERS Among the respondents, town center emerged as the most favored option with an average star rating of 2.5 stars and 57% of participants choosing it as their preferred center type. Although the city center placed third in the favored category with 21% of participants preferring this type of center, the city center was ultimately the second choice with an average star rating of 1.77. Finally, the neighborhood center received 22% of votes within the favored category; however, the neighborhood center finished last with an average star rating of 1.68. Therefore, it may be concluded that the participants had a clear preference for a town center within the Oslo Study Area, followed by a city center, and a 418 neighborhood center last. Please refer to Figure 55, Figure 56, and Table 23 for data visuals. Figure 55. Combined Types of Centers by Type TYPES OF CENTERS BY TYPE Table 23. Combined Types of Centers CORRIDOR THEME Residents and interested parties were asked to select two themes that they preferred the most within the Oslo study area and one theme they least preferred within the study area. The theme that was most preferred was walkability with 28% of respondents choosing this as their favorable theme. This was followed by old Florida (25%) and public spaces/landscaping (24%). Please refer to Figure 57 and Table 24 for a visual of the above-mentioned data. Art Deco Agritourism Walkability Old Florida 0 20 xxxiv 420 Table 24. Combined Corridor Theme I nerve ravu1 rement m ravut nuinuer Agaufsk retuent H;_ ,r Art Deco :. 17 3!5 Industrial Edge Public Spaces/Landscaping .1" :: 24% 4 19i Tota WANTS & DON'T WANTS This workshop station provided participants with 20 choices, and they were asked to choose three of features they would like to see within the Oslo Study Area and two features they would not like to see. Among the responses, open spaces/public squares received 161 votes in favor (-17%), and the preservation of farmland received 160 votes in favor (-17%). This was followed by entertainment/events with 82 votes (-9%) and walkability with 81 votes (~9%). Finally, Architectural standards received 8%. Within the category of features to avoid in the Oslo Study Area, 25% of respondents did not want to increase the building height. Additionally, 19% did not want industrial as a central feature to the Oslo study area. Finally, 12% of participants did not want affordable housing. Figure 58 and Table 25 are provided below for a visual of the data given above. 421 Aff " 12°x6 Walkability$1.:. a4i; _ 2 0% Job Opportuniires .., " " 0% Industrial 13 1% o Mixed Use �' 46' w5% I� 0% Public Transportation 31 3%: 6' 1% Preserve Farmland 160 2% Commercial 31 3% 30 6% Architectural StandarC c 75 0 1 % Open Spaces/Public Squares 161 17% 3 1% Live -Work Units 10 .. 1% 0% Multi-Tenant Office Buildings 5 1% 4% Detached Singte-Family 33 3% t 3% Workforce Housing 21 2% 32.: 5% Large-LotSingle-Family 63 7%,■,� `' 3% Entertainment/ Events 82 9% 7 1% Multi-FamilyAv 2% 7% Increased Building Height 5 1°% 153 25% Small-Lot Single Family it ' 1 % 46 7% Reewwt Compe="nea - . _17 XXXVl 4n .. W . O ..��e� The proposed zoning station was only available for in-person workshops; therefore, of the 396 recorded attendants, 170 online participants were unable to provide feedback. Totaling the in-person workshops, 21% of participants would like public space/parks east of I-95. This was followed by agriculture (17%), single-family residential (16%), and medical (15%). West of I-95, respondents most wanted to see agriculture (42%). This was followed by industrial (14%), commercial (11%), mixed-use (11%), and public space/parks (10%). Table 26 shows the distribution of all zoning categories and responses. Table 26. Combined Proposed Zoning Zoningof 1-95 Agriculture 60 17% 59 42% Commercial 29 8% 15 11% Industrial 19 6% 19 14°x6 Medical 53 15% 8 6% Mixed-use 25 7% 15 11% Multifamily 30 9% 5 4% Public Space/Park 71 21% 14 10% Single Family Residential 56 16% 5 4% Total 343 100% 140 100% QUESTIONS, COMMENTS, & SUGGESTIONS Participants were given the opportunity to provide written feedback. After reviewing the submissions, responses were placed into one of nine categories: growth management, affordable housing, equitable access to services, natural resource management and environmental compliance, preserve rural character, walkability and bikeability, economic development, traffic and roadway, and workshop comments. Please note, some responses may address more than one of the above-mentioned categories; however, the response was placed in the category it most resembles. The list of responses is provided below. 1) Growth Management: • "Judging by the unbelievable congestion in Pt St Lucie, overdevelopment will ruin what makes Vero a unique and special place to live." 423 • "Limited growth too many people already." • "Not a good place for new residents; or any residents — with the landfill contamination and whatever the heck that biogen is doing. Contaminated ground water!" • "We inevitably need growth for the area. Embracing the more rural nature of the county instead of being on top of each other would be good. But we need controlled and well guided growth for the future. We can't box out everything but we also can't compromise what makes IRC different than Brevard and SLC." • "This development will cause further decay of `downtown' Vero beach." • "Don't make it another Rt 60. The area is best known for the trash/recycling and industrial business. Keep it that way. More industry and no homes/development." • "Stop increasing housing." • "Conserve the small town feel." • "The `Old Florida' theme with the `Agritourism' center seems perfect in this area. Bases upon my 30+ years in architecture/ engineering, preserving rural areas speaks of the history of America. This could double as controlled tourism so as not to negatively affect the rural atmosphere." • "I do not want this area to become crowded & industrial. The joy of Vero is seeing green." • "We live in the block of 58 to 43 and do not want to see more housing communities. One house on five or 10 acres would be best. Too much traffic on 43rd that is a parking lot especially in the morning and afternoon." • "The development of this project needs to focus on preserving land for agriculture and open spaces for public uses with minimal commercial and industrial development. Keep it as close to Old Florida merged into the Agriculture. Vero Beach pre -90's was `the little city by the sea' so it would be nice to keep the Oslo Exchange close to Old Florida so it would be the way Hwy 60/I95 exchange before it became commercial development with high traffic and trucks. Hwy 60 influenced that development. When traffic exists off of I95 onto Oslo Rd it will enter a serene `Old Florida.' A place where traffic traveling south or north would have a place to stop and walk or eat." • "I think we should leave it at as it is. No need to change what's not broken." • "Please don't let this become just another gas station/truck stop along I- 95." • "Workshops are a good idea. I live in South Vero and am very concerned about the addition of Buckees and what else St. Lucie County can build XXXVlll 424 along the Vero Corridor. It would be a shame if we destroyed what people love about our city." • "Preventing mistakes made in Palm bch, Broward and Dade counties from uncontrolled growth perspective." • "Leave everything alone, don't change anything." • "I would like to see it not over built there. I would love walking areas out there." • "Don't do anything. Leave it alone (AG -1)." • "Keep the look, history and aesthetics of old Vero in mind when designing the area. Focus of family related activities as well." • "We do not want more gas station or car washes or auto parts stores. Keep it classy and hide it behind a row of trees so Oslo stays Oslo, meaning farm like!" • "Developers need to provide maximum infrastructure requirements." • "My concern is that commissioners will cave into developers demands. I looked to buy into millstone north several years ago only to learn that DAHorton was developing Millstone South and was not required to put in infrastructure like a pool, courts, and clubhouse. City Sewer: much of 5th street properties between 43rd and 27th are on septic. Shouldn't they be sewered first?" • "Shield industrial from Oslo Rd. Open space must be preserved. No housing developments. Oak trees by sidewalks. Palm trees do not provide shade. Better entry from west for south lakes." • "I would like there to also be services consideration to preserving wild areas/nature preserves for out terrestrial, tortoises, and other species. Also, maintain a strong agricultural presence. Not piece meal, not small patches and not areas where the gopher tortoises are `re -located' only to die from the `efforts.' Affordable multi -housing for workers and families is a must. Teachers can't afford to own a home in IRC (Fl is 50/50 for teacher pay) and improvements to existing road, i.e. bike lanes, sidewalks. Please don't let IRC become another St Lucie or Palm Bay/Melbourne or areas south of here. The traffic in those places is horrible!" 2) Affordable Housing: • "Affordable housing is where a person is not car dependent. Dumb is building residential far from town center. Cheap does not equal affordable. Stop misleading the public." • "High rise housing is least desirable. `Affordable Housing' is relative and should not be a consideration since the ultimate responsibility to choose one's housing depends on the consumers income." XXXiX 425 • "PLEASE find a way to provide more affordable housing. We need affordability to work in Indian River County." 3) Equitable Access to Services: • "There's a dire need for grocery shopping in this area." • "This will be the primary entry into our county from the south. I am very concerned for the safety and well-being of our community and believe we need a sheriff's substation that will have active police presence in the communities." • "Access to care provisions considerations." • "Ease of access to medical care." • "Need a public pool." • "We desperately need another hospital to service Vero Beach and Indian River County. We also need affordable housing for the young workforce. It's nice to see the plans you are making for this to look attractive and to be useful. Thank you for asking for community input." 4) Natural Resource Management and Environmental Compliance: • "Please consider that nature and preserve for our Florida wildlife." • "How will wildlife habitat be preserved in IRC with the constant construction? How will the influx of traffic due to the inter -change in this area be addressed East of 58th Ave." • "How will this growth Affect our way of life? Many of us moved here years ago because of all the green space and Nature/Wildlife. All these new developments are destroying our Wildlife!" • "How will this growth Affect our way of life? Many of us moved here years ago because of all the green space and Nature/Wildlife. All these new developments are destroying our Wildlife!" • "Preservation of our natural resources." • "Need to reduce sod to 0-25% from 50% and enforce fertilizer ordinance to stop during June -Sept." 5) Preserve Rural Character: • "Please develope with an eye on preserving the local farming history." • "Please preserve what little agricultural space is left in the area. If citrus ever does rebound, there will be no place to plant the trees!" • "I would prefer for the area to maintain its generally rural character." • "Want to have as many small farms as possible. This end of the county needs farmers markets to support local growers." • "As a homeowner living close to the Oslo corridor I would like to keep the area rich in agriculture with open spaces with landscaping and parks." xl 426 • "Keep the AG 1 and AG 2. No more storage units." 6) Walkability and Bikeability: • "I'd like to see a mixed use walkable town center with parks and native plants." • "Bicycle lanes wide enough to accommodate electric bikes that need room to pass." 7) Economic Development: • "I think this presents a unique opportunity, along with the other projects happening, to rewrite Vero's future with a more positive direction." • "We would like you to bring more attractions to the area and give locals more venues to visit." • "Mixed unique restaurants and shops could be interesting. Avoid the typical cookie cutters developments and chains — McDonald's, bk, Starbucks and dunkin again. We don't need more of those. At the same time the master planning for the outlets didn't exactly take off and get fully built out." • "Can we attract Trader Joe's?" • "OUTDOOR pedestrian area similar to "PEMBROKE GARDENS" in Pembroke Pines of South Florida. Tourist destination to include CHEESE CAKE FACTORY & FLANIGAN'S SEAFOOD BAR & GRILL." • "Tiny Housing. Tiny Housing. Tiny Housing." • "Less Bars for Adults and More Family Forward Activities, Not More of the Same Thanks." • "Help to beautify Vero Beach." • "Creating a really pretty, desirable retail area with nice restaurants, open space, courtyards for concerts, etc, like Tradition would be great." • "Restaurants and clothing retail sources are MOST NEEDED in the specified area." • "As a truck driver, I'd like to see a large truck stop or rest area in the area. There's a severe shortage of truck parking in this area. All these new corridors seem to end up as cookie cutters of other ones with all the usual big chain stores and fast food restaurants. And with large master planned communities with hoa's that alot of people don't really like." • "Entertainment." • "Love entertainment centers and restaurants." • "Tiny Homes for seniors." • "A Local Large Flea Market Area For Vendors." • "Potential businesses for the Corridor." xli 427 • "Less industrial and agricultural spaces are needed in Vero Beach, altogether. The town lacks community event spaces and opportunities for social interactions which build a sense of community. There are no spaces for young adults to gain work experience. There are no opportunities for adults or seniors to gather, socialize or spend money." • "1. Economic Development Opportunity: Let's forgo R&R (restaurant and retail). Let's lift up IRC for income earners (increase wages and increase career opportunities). Economic Opportunities: Increase quality of life. Support current businesses. Eliminates `affordable housing' because high income allows families to a quality lifestyle. Let's lift up IRC!" • "As a young resident of Indian River County, who grew up here, moved away and returned to settle down, I love that we are being empowered to participate in the future of development of our Vero Beach. Thank you! I am excited to see how we will build for out future generations to come!" 8) Traffic and Roadway: • "What will happen to intersection at 90th and 8th street?" • "Living off of Oslo, I'm very concerned about increased traffic." • "Signal C 82nd Ave with ease/west intersection." • "I would like to see 98 street paved from state road 60 to oslo road, for alternate transportation route." • "Of major concern is the traffic and speed of vehicles heading east from the Oslo Corridor. We in Southlakes (Corner of 58th and Oslo) do not have a turn off heading into the community from the west. We frequently experience tailgaters, road rage drivers, etc. when we attempt to slow down to make the turn. Additionally, it's sometimes impossible to make a left turn out of the community onto Oslo heading to 58th. This will become even more challenging and dangerous with increased traffic. Also, landscaping in the center isle outside of out front gate makes it very hard to see oncoming traffic." • "Traffic management." • "Greater standardization of speed limits. They seem to change by the block." • "Traffic studies and environmental impact should be disclosed." • "Traffic studies and environmental impact should be disclosed." • "What/when is the plan for 66th Ave south of Oslo?" • "As a resident of southakes (58th and Oslo) I am very concerned about safety coming in and out of out community. Visibility is poor when turning in from the westbound Oslo Road due to landscaping. When turning in from eastbound Oslo Rd there is no turning lane—the speed limit east of Xlll 428 58th is 55mph. We could use a turning lane or reduced speed limit west of 58th. Thank you!" • "Crossing 2 lanes of traffic to go west out of my development. Paving of 58th to 13th so we can use back gate and catch the light on 58th and Oslo." • "Concerned about noise at 58th and Oslo intersection. Any plans for a sound barrier to be built? It's very noisy at my house." • "Oslo east bound entry to south lakes is unsafe due to no turn lane. Situation is prime for serious rear end collision." • "Exit south lakes and turning west to access 5801 north very difficult to execute during long periods of rush hour traffic. Addition traffic from 43rd will seriously increase the existing hazardous condition." • "Would like to see, sooner than later, 58th paving extended south of Oslo to give homeowners a safer access to 58th." • "Access to south lakes from east on Oslo should have all vegetation. Removed (small bushes) to improve visibility to the west oncoming traffic." • "Sound barrier Oslo exit." • "Effect on traffic flow from 58 east to Rt 1. Access from timber ridge to Oslo? Any plan for Oslo from 43 east to rt 1. Rear visual blight. Thank you." • "Has there been any consideration to extend Oslo Road East? Or Indrio Road in St Lucie County? It would be logical that 20-30 year planning consider other bridges to the barrier island while island landfall for bridges is still available without eminent domain ... the 20 acres south of the moorings and the north of queens cove in Ft Pierce is cant and for sale." • "I understand this meeting is not about traffic on Oslo but... when and what will be shared with residents about proposed traffic planning? Traffic on Oslo from 586 to RT 1 is already problematic. We are interested in what calming and control planning is being done." • "Want 58th paved between Oslo and 13th ASAP. Thank you." 9) Workshop Comments: • "Where can I make certain to be added to all of these? These are an efficient and easy way to learn more about some of these projects." • "Wished I was able to expand the photos to see & read them better. Thanks for asking." • "What are the main objectives of the zoning/development plan changes?" • "Looking forward to the communities responses." • "I am happy this is being done." • "Estimated time of completion?" • "Interested in any videos for projects." 429 • "Please provide better notification of workshop time and dates -email please!" • "More of these — this is very useful." • "A meeting with select local design professionals and staff. Not developers, not contractors, nor the general public. Your decisions should not be based on popular trends. The public generally doesn't know better." • "Not sure, but I liked this survey." • "Exactly what your doing, getting the community involved and asking what they would like to see built in the area." • "Since this is the Oslo corridor, more workshops at the IG — why so far north? Just one IG worksho??" • "On line is good." • "Results of this questionnaire." • "FYI. Proposed zoning will not have full input because we can't peel the stickers." • "Offer in person community meetings at large communities." • "Thank you for the online survey as some folks just cannot get to the workshops." • "More opportunities for the public's opinion to actually matter." • "Mock-ups, community impact studies." • "Trying to do the `stickers' was difficult with so many people. Consider another means of gathering input." • "Everyone feels these decisions are already made. Would like to be involved." • "Do zoom meetings so all can participate." • "I have not heard about any community workshops and I'm online almost all day. My wide finally received thia survey which I'm completing. I would like to be informed of the next workshop." • "A report on information gained from the current workshops." • "Transparent updates on the process as decisions and plans are developing." • "Additional workshops for residents." • "Listen to the input of people living closes to the proposed development areas." • "See the results of prior surveys and meetings to gauge wishes of the community and the direction plans may be heading. Enhanced advertising to generate the maximum interest and attendance. More opportunity to speak to decision makers and council reps." X1iV 430 • "I haven't seen the live workshops, but this virtual workshop was helpful." • "Frequent notice of workshops on local television news and radio." • "More options that reflect us not wanting to grow!" • "Emailed videos." • "Do more online surveys. I can't attend most times but I can do a survey." • "By providing a realistic timeline for the county to reach and implement rezoning decisions." • "Please forward me the PowerPoint today — thank you!" WORKSHOP PHOTOGRAPHS Photographs of several in-person workshops and public participation has been provided below. Figure 59. IG Center Workshop Photograph 1 & 2 xlv 431 xlvi Figure 60. IG Center Workshop Photograph 3 & 4 Figure 61. IG Center Workshop Photograph 5 & 6 432 Figure 62. North County Library Workshop Photograph 1 & 2 433 ANALYSIS/KEY TAKEAWAYS RESPONDENT PREFERENCES The in-person and online workshops reveal a dedicated and loyal community to their beloved Indian River County. Across all workshops, participants stressed the need to proceed tactfully and mindfully when shaping the future of the Oslo Corridor. The majority did not want growth to result in a sacrifice of quality and County history. Within the written response portion, the concerns about future growth generally stem from an aversion to growth, environmental and rural impact, traffic congestion, and not wanting to be similar to an overpopulated south Florida county. However, the written portion provided many suggestions and opportunities for economic development and roadway improvements within the Corridor. Respondents shared an interest in public events and attractions, local restaurants, grocery stores, paving roads connecting to Oslo Road, intersection improvements, medical services, and a desire to develop with a sense of identity. Although the proposed zoning was only available for in-person participants, it provided helpful insights to how the community would allocate land. East of I- 95, the respondents showed a preference for public spaces and parks, agriculture, single-family residential, and medical services. West of I-95, the proposed zoning focused on agriculture, industrial, commercial, mixed-use, and public spaces and park. Moreover, the town center was the most favored center type. This suggests the community prefers a center that provides many daily needs (work, shopping, recreation, etc.). However, the addition of conveniences should not be met with the loss of character. By asking what the community would like to see and not like to see within the Corridor, four main preferences were identified: preserving farmland, providing entertainment and events, walkability, and architectural standards for development. When tasks with determining an overarching theme for the Corridor, the respondents favored walkability, old Florida, and public spaces and landscaping. Therefore, responses from Indian River County residents suggest the community would favor a walkable, old Florida corridor with an agricultural presence, x1viii E"�Z I abundance of public spaces and well-designed landscaping, and a town center which offers daily conveniences and entertainment. 5/20/2025 Item 13.1. 1 Q 5/20/2025 Item 13.1. 3 • This presentation is intended to provide a summary of the formal Oslo Corridor Recommendation Report. In 2000, Indian River County identified the need for a new 1-95 interchange at Oslo Road. After years of planning, construction is now underway on the partial cloverleaf interchange, along with widening Oslo Road and upgrading surrounding infrastructure. • The interchange pro ect supports long-term growth anticipated in the County's 2030 Comprehensive Plan, which linked l�e interchange to future commercial and industrial development. • In 2024, the County launched an Urban Service Boundary (USB) Stin response to projected population growth and development pressure, and the area surmun mg the new Oslo interchange was the only area identified by the public for growth outside of the current USB. • Following this, the Board of County Commissioners directed the Planning and Development Services Department to conduct the Oslo Corridor Study. • This study aims to evaluate the potential for USB expansion in association with the new interchange and to develop a comprehensive recommendation. A map of the Study Area is provided on the following slide. OSLO STUDY AREA- - AREA • The Study Area is bounded by Stn Street SW to the north, 13th Street SW to the south, 58th Avenue SW to the east, and 98th Avenue SW to the west. 5 5/20/2025: -Item 13.1. ;N . ....EX.ISTING LAND ... USE., • Existing land use patterns within the Oslo Study Area show how parcels are currently being used. • The listed use does not necessarily reflect the property's current zoning. • The land use categories are derived from the most recent 83.8% data from Indian River County Property Appraiser. 100.0% • The most common land uses in the Study Area are Vacant (83.8%), Agriculture (6.6%), Industrial (4.0%), and Single Family Residential (3.1%) Please nate, vacant land is determined by analyzing current aerial imagery and wd(be deemed vacant flit lacks - - .. anyimperviaus area. 5/20/2025 Item 13.1. 7 FUTURE LAND USE rIyip - C • The Indian River County Comprehensive Plan guides long- term growth through Future Land Use (FLU) designations. • FLU sets policies for land use type, location, density, and --� timing of development. • Urban expansion often follows transportation improvements, placing commercial/industrial uses along major routes and residential uses near jobs, schools, and amenities. ` • Agricultural areas act as a buffer between natural and urban - usesglxbUny f r��lU • There are 18 FLU categories; however, the four main FLU designations surrounding the Study Area is AG -1: Agricultural -1, -• ya AG -2: Agricultural -2, C/I: Commercial/Industrial, L-1: Low - 1612.89 35.1 Density Residential -1, and PUB: Public Facilities. 72.19 1s.a% 76.15 2.6% .:. 53.25 5.3% :. ..... - .:....-_.. 1.89 100.0% 0 q55 r9 .6% 1012.89 35.1% jjjVMjN0L,_20.29 jjjW.7% 2.3 0.1% .07 IVMM.9% 18.18 = 0.6% 2881.89 100.0% 9 5/20/2025 Item 13.1. CURRENT ZONING • Indian River County's zoning districts implement the Comprehensive Plan through development standards. • Within the County's Land Development Regulations, uses for each district are defined as prohibited, permitted, administrative permit use, and special exception uses. • All development must follow site plan criteria (e.g., open space, building size, signage, landscaping). • The County has 34 zoning districts, ranging from agricultural and residential to commercial, industrial, and conservation. Of the 34 - zoning districts, the most common surrounding the Study Area are A-1: Agricultural -1, A-2: Agricultural -2, AIR -1: Airfield/Residential, CG: General Commercial, IG: General Industrial, IL: Light Industrial, and RS - 1: Single -Family Residential -1. ENVIRONMENTAL CONSTRAINTS • Environmental sustainability is a key factor in evaluating Urban Service Boundary expansion. • Wetlands, floodplains, and sensitive habitats may limit development feasibility. • While preliminary data guides planning, final determinations are made during the development review process. • Environmental impact studies are required for areas with potential ecological concerns. • Areas with significant constraints are typically excluded from the USB expansion. 10 � 35 -5 11 12 5/20/2025 Item 13.1. �p T 3 ''C. +i �� y 4 s § MW, -O!, • ��1 !a y�hr a.a} �4�'r�sc��st.�y#'�� �� r �� �, � v" e ,�i�`c.'} .10le exp inding development. • �+ 111 pig 1�� 1 �� �.��.11��� 9 I' 111 1 • �9 �t�e� '� 5� � Z,�4 >F�i��i �� {C i . 1 " 1 • • � � • � • tri S �.Yi•..! il�IR9�l� �! � '�'�'' ,� 11 • 111 1 • � -* 3 °$ � ^ �� t L Ly—�{R Yf y 111 1 • �'9 �53 �� � 4'4'�yq `�r2 ��r��v � !A Flood Zoms 1 1 I 1 1 �' n1 55�r3 1}r.:'`$'."Y.i • Transportation includes four systems: roadways, transit, pedestrian/bicycle, and air/water ports. The Indian River County MPO leads regional transportation planning in coordination with County staff. Key plans: 2040 Long Range Transportation plan Congestion Management, Bicycle - Pedestrian, and Transit Development Plans The Oslo Road / 1-95 Interchange connects Indian River County to: National Highway System National Freight Network . , . Florida's Strategic Intermodal System (SIS) 1-95 is the County's only Interstate that supports long -planned industrial growth and designated opportunity zones. 13 "ih� �i3,� 4c Y rt' r i�x RNANN The new 1-95 / Oslo Road Interchange enhances connectivi especiall beyond the Urban Service Boundary. I improvements inc imect Pro include: sQ�) Widening Oslo Road from 2 to 4 lanes k m Replacing and regrading Oslo Road bridge. Realigning 82n6 Avenue and adding a cul-de-sac at 861" Avenue SW. a id ....• n Improved signage, drainage, lighting, and truck turning radii 4 fmproves access to 1-95 for rural populations, freight movements, and t emergency evacuation. Supports IRC's Truck Routing Plan linking industrial areas to US t while E minimizing residential impacts. Any development would generate impact fees andsuppore ca it r x roadway investments. YF, The following slides will provide visuals of the roadway network. .14 X35 �1 5/20/2025 Item 13.1. 5/20/2025 Item 13.1. ..... ........... e 5/20/2025 Item 13.1. 17 xS�gs593CP �- ; 'L` �' a+rirA' h -� 04 Fin' F.� `G.+� '�,� ''a' y � fi $ di G� r - yk. S } t P M 1 40F at 3 g t � rF —*Wet- 1. - 1 1 '+f at�y ,� -Pt � �rc r��K F �"�'a: �`�)��54 �t� .� -3,✓�S &F' S. w s a g C _ sr u in hes ap1 / 17 PEDESTRIANAND BIKE SYSTEM The 2024 Bicycle and Pedestrian Master Plan guides investment in safe, connected infrastructure. Sidewalks exist along Oslo Road from 66", Avenue to west of 1-95; proposed connections include 58d, 661h, 74th, and 82nd Avenues. Buffered bike lanes are planned along Oslo Road, but the area remains a bicycle level of stress 4 (LTS 4) due to the 35t mph speeds. Oslo Road and 821d Avenue improvements are priority projects in the Plan. 5-10% of households near Oslo Road walk or bike to work, among the highest in the County—indicating strong potential for increased active transportation with improved facilities. The following map products will illustrate existing and proposed pedestrian and bike plans. £ � fi $ di G� yk. S } t P at 3 g rF —*Wet- 1. - 1 1 reviewed regularly1the• 4k` rea�r�: w s a g C _ sr u PEDESTRIANAND BIKE SYSTEM The 2024 Bicycle and Pedestrian Master Plan guides investment in safe, connected infrastructure. Sidewalks exist along Oslo Road from 66", Avenue to west of 1-95; proposed connections include 58d, 661h, 74th, and 82nd Avenues. Buffered bike lanes are planned along Oslo Road, but the area remains a bicycle level of stress 4 (LTS 4) due to the 35t mph speeds. Oslo Road and 821d Avenue improvements are priority projects in the Plan. 5-10% of households near Oslo Road walk or bike to work, among the highest in the County—indicating strong potential for increased active transportation with improved facilities. The following map products will illustrate existing and proposed pedestrian and bike plans. , AvVIfiNG & )POSED SIDEWALK.: NETWORK EXISTING & PROPOSED BICYCLE NETWORK 5/20/2025 Item 13.1. PROJECTS 1 t YV } • II 1 inter�1 .I • 1 z � i, MUM } r 5/20/2025 Item 13.1. .�z i� {°��`'� \5•.. �3i F�iArt«z,�ty��„x�u'�$��.y�"`� ., ;;i to "s � xs ''1+{'. t aft rtecro Beach iNE of Study Area): ,,Road! 195.Interchange ; 21 . . ^�P FarahFrsr (s� Indian River County held in-person and online workshops tother in development around the Oslo 9a input on future g ice( Study Area. {Ik a a Key community concerns. 5e ami �4�.G v Environmental impact gN + 4 3 - ,° Traffic congestion Loss of agriculture a�e RW,' Preserving small-town character Land useP references: v s�zf r $'rte West of 1-95: Agriculture, industrial, commercial East 195: Parks, agriculture, single-family �h, t homess,, medical facilities �" V'4 fY++a%t'NjN ItiNy�V`` Ah f Tc t Strong support for a walkable "Old Florida" town center with: Public spaces, parks, landscaping =, Local shops, farmers markets, and mixed-use housing &ux Emphasis on preserving quality of life and natural resources. .::.t .. 5/20/2025 Item 13.1. Indian River County, Florida MEMORANDUM File ID: 25-0574 Type: Department Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director FROM: Adam Heltemes, P.E., Roadway Production Manager DATE: May 9, 2025 13 T 1 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Consideration of a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area BACKGROUND In response to the Board's October 19, 2021 directive, staff initiated the process for establishing a Municipal Service Benefit Unit (MSBU) in Oslo Park. Although initially deferred in June 2022, the Board revived the initiative in December 2022. An original estimate of $398 per parcel was revised to $500 per parcel in light of increased construction costs and the desire to expedite improvements. However, former staff never completed any design and engineering to fully understand the actual cost for both the County and community. The total revenue goal was $5 million, representing 25% County participation via the Secondary Roads Fund. . The BoCC on May 16, 2023, denied a draft ordinance and instructed staff to pursue a design -first approach, and attempt to secure 67% resident approval. Subsequently, Carter Associates, Inc. was contracted to provide project survey, design, and cost estimates. The engineering concept included lane paving, shoulders, drainage swales, and a culvert system. Due to adjacent canal hazards, 13th Street SW was excluded. In September 2024, the estimated cost was submitted at $14.75 million (including contingencies and inflation). This results in an updated assessment of $1,640 per year per parcel for 20 years. Two outreach meetings and voting opportunities were provided. The residents were also asked the question if they would wish to revisit the project if additional funding could be found. The meetings occurred on December 2, 2024, and April 7, 2025. Only 55 out of 500 owners responded. While 22 supported the current plan, 32 were against the project, and 49 expressed willingness -to reconsider if costs were reduced. Resident feedback reflects a strong desire for road and drainage improvements but equally strong opposition to the increased financial burden on a largely low-income population, with many citing affordability concerns and distrust due to prior unfulfilled commitments. Indian River County, Florida Page 1 of 3 Printed on 5/15/2025 powered by LegistarT" 436 Current Design and Cost In Favor Against Willing to Reconsider with Lower Costs and Grants In Favor Against Responses 1 22 1 32 1 49 1 6 1 ANALYSIS The Board may consider and vote in favor of the assessment. However, pursuant to Florida Statutes, notice must be provided by first-class mail to each person owning property subject to the assessment. Additionally, statutes require notice by publication in a newspaper generally circulated within Indian River County will be required. At the public hearing, the Board receives written objections and hears testimony from all interested people. The draft ordinance will establish the Oslo Park Street Paving District MSBU area with a rough boundary of 11 I Street SW to 13th Street SW and 17't' Avenue SW to 9' Court SW. The Board would also need to discuss whether to include residents with access to 13th Street SW (which will remain unpaved) and those with access to I I't' Street SW (currently paved). As noted in the Background above, the proposed assessment would now be $1,640 per year for twenty years, which would be used to pave all the unpaved roads and construct associated drainage improvements within the MSBU. The draft ordinance would also amend section 200.11 (Street paving) of the Indian River County Code of Ordinances to update the Code to reflect the Oslo Park Street Paving District MSBU. Alternatively, based on resident concerns over the cost of the project, and the associated annual MSBU assessment, and the inability to secure 67% support for the current project, the Board may vote to close out this project and not proceed forward with the MSBU assessment. BUDGETARYIMPACT If the ordinance was to move forward and be approved by the Board as per previous discussion, the cost to the county would be roughly 25% of the $14.75 million ($3.69 million). The remaining $11.06 million would be funded by parcel assessments. PREVIOUS BOARD ACTIONS On October 19, 2021, the Indian River County Board of County Commissioners ("Board") voted to direct the County Attorney and Public Works Director to initiate the process of creating a Municipal Service Benefit Unit ("MSBU") for a specified area of the Oslo Park to raise funds for future road paving projects. The Public Works Department and the County Attorney's Office worked together to prepare the proper documents to establish the MSBU for the 500 residential properties in the specified area. The Board considered establishing the MSBU last year, but due to the expected timing of the project, on June 7, 2022, the Board deferred acting. On December 13, 2022, the Board voted to move forward with initiating the assessment process this year, which would allow for assessments to be collected on the tax bills that will go out in the fall of 2023. In preparation for this public hearing, County staff sent letters to the owners within the proposed MSBU area stating that although it was initially proposed last year that the amount to be levied per parcel would be $398.00 per year for 20 years, the revised amount to be levied per parcel was $500.00 per year for 20 years. The letter Indian River County, Florida Page 2 of 3 Printed on 5/15/2025 powered by LegistarTM 437 indicated that the increase would assist in addressing the desire to accelerate the timing of the improvements and increases in construction costs. The total revenue projected to be collected was $5 million. This proposed assessment is based upon a 25 percent contribution to the cost of construction from the County's Secondary Roads Fund. On May 16, 2023, the project and assessment were returned to the Board for approval. County Administrator John Titkanich along with other commissioners raised concerns regarding the $500 per year amount, as the project had not been designed or formally estimated. He suggested pausing this project and pursuing the assessment for paving under a different methodology. Administrator Titkanich proposed staff should be directed to secure the design, engineering, and preliminary estimates; staff would also contact affected residents to try and gather the required 67 percent approval. A motion was made by Commissioner Loar, seconded by Chairman Earman, to deny approval of the draft Ordinance and to pause the existing plan to pave streets in Oslo Park until staff could have the project designed, estimated, and approved by a majority of the residents. The motion was carried. POTENTIAL FUTURE BOARD ACTIONS If the Board considers the assessment a Public Hearing is required. STRATEGIC PLAN ALIGNMENT Supports Infrastructure and Growth Management Goal. Enhances neighborhood infrastructure, stormwater management, and public safety in underserved areas. OTHER PLAN ALIGNMENT Consistent with the Indian River County Comprehensive Plan - Transportation and Public Facilities Elements. Aligns with goals to provide safe, efficient infrastructure and mitigate flooding risks in vulnerable communities. STAFF RECOMMENDATION The Public Works Department recommends that the Board discuss the resolution and vote to either close out the previous MSBU Paving initiative or to schedule a Public Hearing to approve staff to begin a special assessment project under Chapter 206 of the Indian River County Ordinance Code. Indian River County, Florida Page 3 of 3 Printed on 5/15/2025 powered by LegistarT, 438 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Addie Javed, P.E., Public Works Director FROM: Adam Heltemes, P.E., Roadway Production Manager Justin Berner, Senior Engineer CC: Nancy Bunt, Assistant County Administrator SUBJECT: Oslo Park MSBU Project Narrative REFERENCE: IRC -2308 DATE: April 29th, 2025 Summary Oslo Park MSBU outreach meeting occurred on December 2, 2024 and the second outreach on April 7`h, 2025. As part of the two outreach meetings, survey cards were sent to both residents and property owners. In the first round 407 cards were sent to property owners and 223 were sent to tenants. The second round only included property owners as the tenant response was minimal. The following are the statistics from both surveys combined with duplicates removed while accounting for a person owning more than one property, totaling 55 responses: Willing to Reconsider with Current Design Lower Costs and . and Cost Grants In _.._ Favor Against In Favor Against Responses 22 32 49 6 The comments reflect a community divided on the paving and drainage project. Supporters emphasize the practical and safety benefits of paved roads and improved drainage, driven by long- standing issues with unpaved roads. However, opposition is strong due to the project's high cost, which many residents, particularly those in low-income or fixed-income households, find prohibitive. Critics also question the fairness of the funding model and the county's planning, calling for alternative funding sources or a reduced financial burden on homeowners. The sentiment is roughly split, with frustration and urgency on both sides, but cost concerns dominate the negative feedback, especially in the context of the area's economic challenges. It is also very clear that the owners and residents are interested in the County finding grants or other means to reduce the financial burden on the residents. . . ..... .. .. ..... The following are the comments provided by residents: p- 1. I'm in favor of the paving project. Hoping we can find less expensive option. If we can't have both pavement and drainage, I would prefer the drainage over the pavement. 2. lam amazed that so much money can be found for projects like 3 -corners, but not for streets! FAPublic WorksIENGINEERING DIVISION PROIECTS12308 Oslo Park Road Paving MSBUNI-Admin\Correspondence\memo\IRC-230g_MEM_AH-TO-A7_042925.doc 439 3. I believe that the streets should be paved ASAP. The unpaved road is damaging my vehicle. It is also resulting in sand in my home. 4. This is a great idea to cut down on the ATV traffic which creates deep potholes in the road when we get heavy rain that floods the road. Also, it would be a lot better on keeping the dust levels down. I think it would be a great idea to cut down on the flooding and it will also make it better for kids to ride bikes and scooters. Paving the roads will help keep down on the ATV traffic that rips up the dirt roads also will help a lot during heavy rains, so vehicles don't have to drive through all the holes created by the ATV traffic. Paving the roads will help keep down on the ATV traffic that rips up the dirt roads also will help a lot during heavy rains, so vehicles don't have to drive through all the holes created by the ATV traffic 5. I have lived at this residence for 21 years, since January of 2004, and the road in front of my house was graded from that time until late 2019. I have brought this up and have been told that this is an easement and not under your jurisdiction. This does not make sense since it used to be graded by the county for many years as stated before. 6. We need the streets paved, dirt roads cost money too, use that money to pave. 7. I feel it is a necessary good for the community as a whole to vote yes for this project, in particular for the safety of the children and the people. The roadway and sidewalk pavements will make improvements to the community, making it more welcoming and safer. Due to the inclement weather without the improvement of pavement the roads naturally create potholes and mud causing road hazards and increased wear and tear on vehicles as well as causing safety hazards to pedestrians but most importantly children who could easily incur injury which would then create unwanted medical expense. So, to better the community and avoid the ongoing issues caused by poor drainage and weather I vote yes for the improvements provided by the pavement of the roads. 8. I have been in my house since 2002. When I built house was built, we were told that the roads were going to be paved within 5 years. The county only paved the 1 lth St SW. This has caused so many problems to my vehicles as well as the children walking to the bus stops. People tear up our dirt roads by riding dirt bikes, go carts and four wheelers. They think because we have dirt roads, they can just come and drive crazy. Our roads do not get graded in timely manner, we have to call to request our roads get graded, seems like we are not on a schedule. The county has stopped grading the road beside my house (12th St SW) years ago stating it is a construction road. The holes are so deep, people are driving into my yard to avoid the holes. Someone, I don't know who, came and put a load of soft sand in one of the holes and several cars got stuck and had to have a tow truck come pull them out. Since Habitat continues to build in this area, maybe they can allocate some funds towards the roads. Has anyone reached out to them, they get all kinds of grants. 9. Please let me know how soon the county/selected contractor will start the project. Our family is ready for it, THANKS. 10. I am in favor of this paving project. As an owner and resident in this area, this paving project would be beneficial to the roadways, home values, and the overall quality of life for us as residents. Many of my neighbors who have lived here for years have said that they have had to replace their vehicle multiple times due to the poor road conditions. In addition, the new drainage would reduce the risk of flooding in our area when there is heavy rain. 11. The cost is too expensive, we need some help from the county. Too expensive we need more help from the county. We are tired of the muck, but we cannot afford the amount of money to be paid. 12. We feel that some of the drainage systems are overkill, as we (on this street) have had no drainage issues AND in the not -too -distant future, sewage improvements will cause alterations of the drainage system, in the very least. It is already mentioned that raising the F:\Public Works\ENG[NEERING DIVISION PROIECTS\2308 Oslo Park Road Paving MSBLAI-Admin\Correspondence\Memo\IRC-2308_MEM_AH-TO-A]_042925.doc 440 cost of this project is possible, and with the mandatory sewage changes, it is guaranteed to be raised. And it appears that our front yards are going to be significantly reduced. 13. "I'm on a fixed income. At $1640.00 more on my property taxes for 20 years would increase my taxes more than double with the homestead act. Plus, we all know after a tax is added it will remain even after the 20 -year time frame." 14. Due to the cost, I do not see the outcome worth the current assessment. I would like to see water drainage issues addressed, however. 15. 1620 dollars a year is absurd especially seeing the amount of habitat for humanity housing is going up for people on fixed/lower incomes 16. We signed a petition several years ago to have the road done and were denied. All we wanted was the road done 15 years ago. 17. The vote is still NO NO NO. You have not reduced cost, you more than quadrupled the very initial proposal (that you were supposed to try to reduce then) in a primarily low-income concentration of homes, mostly HABITAT HOMES that were forced into this little pocket of area. You guys do not live in this little pocket of area, so you do not know the hardships of many of the households. Then you guys will turn around, tear it up in the short future to force installation of sewer with ANOTHER assessment???? You did not properly prepare this area when you allowed the Habitat homes. How interesting now that Habitat KNOWS there is not PROPER drainage in this area after they mostly built it all up, the COUNTY ALLOWED IT, and can no longer build on these too small lots. Now the COUNTY in hindsight wants the residents to pay for the fix when it should have been done before it was ever allowed? The residents are POOR in this area, you are asking them to pay a monthly bill for 20 years!!!!! There is a housing crisis, an economic crisis, people are struggling financially, and NOW you want to do this??? You guys' paved 11th for the school buses in short time no problem. I think the county can manage to do the rest of the roads without assessing properties, putting liens on people's homes, lots, and making life even harder for the struggling. And the way you try to fancy the words and make it sound like you are doing more about the ditches when you are just putting the sod down. Tiny lots, narrow roads, and 5 families living in homes because no one can afford anything, cars having to park in streets. My vote stands for 2 votes since there are two addresses but only one mailing card. 18. We had the money in 2004 until the hurricanes back-to-back hit us. You used the money for cleanup. Did not FEMA give us the money back? 19. The decision for the homeowner or property owner to pay 75% of the cost of funding their pavement and drainage system in this area is unfair to property owners wherein the county themselves is only going to pay 25%. These are hard economic times for property owners or individuals, in general I totally disagree with this decision. I believe that the county should try adamantly to look for federal government funding otherwise property owners will be paying for every road in Indian River County to be paid or bridge repairs and so on and so forth etc. ! ! ! ! 20. "No, no, no. This improvement is way too expensive for the citizens of this neighborhood. In essence, you're asking to nearly double the property tax cost for the next 20 years! And many of the homes in this neighborhood are Habitat built homes purchased by lower income, often one -working adult families. How are they supposed to afford such an increase? Renters will also suffer as the cost will be passed on to them, making rents excessively high in this section of Oslo compared to other areas nearby. Please stop considering this until the money can be found by other means or the cost to citizens can be reduced substantially. Thank you" 21. There is no way that I could afford over $1,640.00 for property taxes every year on my habitat for humanity house. I am disabled and live on a fixed income. 22. If this project passes, I will lose my house. I'm on a fixed income and can't afford it. PF F:\Public WorWENGINEERING DIVISION PROJECTS\2308 Oslo Park Road Paving MSBLAI-Admin\CorrespondenaVMemo\[RC-2308_MEM_AH-TO-Af_042925.doc 441 23. Most residents have mortgage payments with escrow. So, once the assessment amount is added onto the taxes that you are already paying, along with the homeowner insurance, some will not be able to afford the mortgage payment. 24. Pave 13th road, and change the % the owner pays 25. Too expensive per property, especially for us that are on a fixed income. 26. That amount totals $32,800 per lot over 20 years which is pretty extreme. Within that 20 - year time period, it is almost inconceivable that a NHTSA, or some other federal grant, or state or local funding grant cannot be found, submitted and approved for this project. 27. As badly as I want the roads in our neighborhood paved, I don't think every single homeowner in the neighborhood should have to pay $32,000+ over the next 20 years. Newer people moving into the neighborhood in the future will also have this added assessment, that they did not agree to for the project. 28. This is a huge jump in the original estimated cost of the project which the county stated they believed would be between $5 to $7 million. Paved roads & proper drainage for those roads are extremely vital, however a nearly tripled estimate is unrealistic for one of the lowest income areas in Vero Beach to burden. There are multiple habitat homes going up in the area, perhaps looking at partnering with these organizations & private institutions for additional funding might be worth exploring. 29. Originally $400 then $500. The new assessment is obviously too high especially when you were going to pave 13th St 30. Most of this area is Habitat for Humanity. Surely you do not believe they can afford this. In addition, there are many like me on a fixed income that are barely getting by and cannot afford something the county should be paying for. I wonder how many streets had to pay this type of money for something the government should pay for. I have lived in a number of places and have never heard of such a scheme! F:\Pablic Works\ENGINEERING DIVISION PROJECTS\2308 Oslo Park Road Paving MSBU\I-Admin\Correspondence\Memo\IRC-230g_MEM_AH-TO-AJ 042425.doc r 101D10[Q11741►1111 0I TO: Addie Javed, P.E., Public Works Director FROM: Adam Heltemes, P.E., Roadway Production Manager DATE: May 9, 2025 SUBJECT: Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area BACKGROUND On October 19, 2021, the Indian River County Board of County Commissioners ("Board") voted to direct the County Attorney and Public Works Director to initiate the process of creating a Municipal Service Benefit Unit ("MSBU") for a specified area of the Oslo Park to raise funds for future road paving projects. The Public Works Department and the County Attorney's Office worked together to prepare the proper documents to establish the MSBU for the 500 residential properties in the specified area. The Board considered establishing the MSBU last year, but due to the expected timing of the project, on June 7, 2022, the Board deferred acting. On December 13, 2022, the Board voted to move forward with initiating the assessment process this year, which would allow for assessments to be collected on the tax bills that will go out in the fall of 2023. In preparation for this public hearing, County staff sent letters to the owners within the proposed MSBU area stating that although it was initially proposed last year that the amount to be levied per parcel would be $398.00 per year for 20 years, the amount to be levied per parcel will now be $500.00 per year for 20 years. The letter indicated that the increase would assist in addressing the desire to accelerate the timing of the improvements and increases in construction costs. The total revenue collected will be $5 million. This proposed assessment is based upon a 25 percent contribution to the cost of construction from the County's Secondary Roads Fund. On May 16, 2023, the project and assessment were returned to the Board for approval. The County Administrator John Titkanich along with other commissioners raised concerns regarding the $500 per year amount, as the project had not been designed or formally estimated. He suggested pausing this project and pursuing the assessment for paving under a different methodology. Administrator Titkanich proposed staff should be directed to secure the design, engineering, and preliminary estimates; staff would also contact affected residents to try and gather the required 67 percent approval. A motion was made by Commissioner Loar, seconded by Chairman Earman, to deny approval of the draft Ordinance and to pause the existing plan to pave streets in Oslo Park until staff could have the project designed, estimated, and approved by a majority of the residents. The motion was carried. 443 Subsequently, staff went through the selection process and chose a design engineer (Carter Associates, Inc) who was released to provide the county with survey, topographic information, a design for a four -block section of the project and a full construction estimate. The design concept includes eleven -foot paved lanes, four -foot stabilized shoulders, regraded roadside and rear lot swales along with a main culvert trunkline under the road centerline to expedite the transfer of stormwater from the right of way due to its flat nature. During the design process it was determined that paving of 13a' Street SW would not be feasible due to the safety hazard caused by the adjacent Sub -Lateral J-3 Canal. The elimination of the safety hazard would be extremely costly. In September of 2024, Carter Associates provided a cost estimate which was reviewed and concurred by staff. The total extrapolated cost estimate is $14.75 million. This amount includes both a 15% contingency and a 5% inflation rate to account for the typical lagging of shelter inflation. The final resident assessment cost provided by the County Budget based on the estimate is $1,640 per year per unit for 20 years. RESIDENTS' SURVEY AND ANALYSIS Furthermore, as directed by the Board, staff on two separate occasions sent out information to all property owners in the area providing the option to attend Public Outreach Meetings, to vote for or against the project and to provide comments. The residents were also asked the question if they would wish to revisit the project if additional funding could be found. The meetings occurred on December 2, 2024, and April 7, 2025. Only 55 of the 500 parcel property owners voted. The following are the results: Willing to Reconsider with Current Design Lower Costs and and Cost Grants In Favor Against In Favor Against 22 32 49 6 The following comments were provided: 1. I'm in favor of the paving project. Hoping we can find less expensive option. If we can't have both pavement and drainage, I would prefer the drainage over the pavement. 2. I am amazed that so much money can be found for projects like 3 -comers, but not for streets! 3. I believe that the streets should be paved ASAP. The unpaved road is damaging my vehicle. It is also resulting in sand in my home. 4. This is a great idea to cut down on the ATV traffic which creates deep potholes in the road when we get heavy rain that floods the road. Also, it would be a lot better on keeping the dust levels down. I think it would be a great idea to cut down on the flooding and it will also make it better for kids to ride bikes and scooters. Paving the roads will help keep down on the ATV traffic that rips up the dirt roads also will help a lot during heavy rains, so vehicles don't have to drive through all the holes created by the ATV traffic. Paving the roads will help keep down on the ATV traffic that rips up the dirt roads also will help a lot during heavy rains, so vehicles don't have to drive through rm all the holes created by the ATV traffic 5. I have lived at this residence for 21 years, since January of 2004, and the road in front of my house was graded from that time until late 2019. I have brought this up and have been told that this is an easement and not under your jurisdiction. This does not make sense since it used to be graded by the county for many years as stated before. 6. We need the streets paved, dirt roads cost money too, use that money to pave. 7. I feel it is a necessary good for the community as a whole to vote yes for this project, in particular for the safety of the children and the people. The roadway and sidewalk pavements will make improvements to the community, making it more welcoming and safer. Due to the inclement weather without the improvement of pavement the roads naturally create potholes and mud causing road hazards and increased wear and tear on vehicles as well as causing safety hazards to pedestrians but most importantly children who could easily incur injury which would then create unwanted medical expense. So, to better the community and avoid the ongoing issues caused by poor drainage and weather I vote yes for the improvements provided by the pavement of the roads. 8. I have been in my house since 2002. When I built house was built, we were told that the roads were going to be paved within 5 years. The county only paved the 11th St SW. This has caused so many problems to my vehicles as well as the children walking to the bus stops. People tear up our dirt roads by riding dirt bikes, go carts and four wheelers. They think because we have dirt roads, they can just come and drive crazy. Our roads do not get graded in timely manner, we have to call to request our roads get graded, seems like we are not on a schedule. The county has stopped grading the road beside my house (12th St SW) years ago stating it is a construction road. The holes are so deep, people are driving into my yard to avoid the holes. Someone, I don't know who, came and put a load of soft sand in one of the holes and several cars got stuck and had to have a tow truck come pull them out. Since Habitat continues to build in this area, maybe they can allocate some funds towards the roads. Has anyone reached out to them, they get all kinds of grants. 9. Please let me know how soon the county/selected contractor will start the project. Our family is ready for it, THANKS. 10. I am in favor of this paving project. As an owner and resident in this area, this paving project would be beneficial to the roadways, home values, and the overall quality of life for us as residents. Many of my neighbors who have lived here for years have said that they have had to replace their vehicle multiple times due to the poor road conditions. In addition, the new drainage would reduce the risk of flooding in our area when there is heavy rain. 11. The cost is too expensive, we need some help from the county. Too expensive we need more help from the county. We are tired of the muck, but we cannot afford the amount of money to be paid. 12. We feel that some of the drainage systems are overkill, as we (on this street) have had no drainage issues AND in the not -too -distant future, sewage improvements will cause alterations of the drainage system, in the very least. It is already mentioned that raising the cost of this project is possible, and with the mandatory sewage changes, it is guaranteed to be raised. And it appears that our front yards are going to be significantly reduced. 13. "I'm on a fixed income. At $1640.00 more on my property taxes for 20 years would increase my taxes more than double with the homestead act. Plus, we all know after a tax is added it will remain even after the 20 -year time frame." 14. Due to the cost, I do not see the outcome worth the current assessment. I would like to see water drainage issues addressed, however. 15. 1620 dollars a year is absurd especially seeing the amount of habitat for humanity housing is going up for people on fixed/lower incomes 16. We signed a petition several years ago to have the road done and were denied. All we wanted was the road done 15 years ago. 17. The vote is still NO NO NO. You have not reduced cost, you more than quadrupled the very initial proposal (that you were supposed to try to reduce then) in a primarily low-income concentration of homes, mostly HABITAT HOMES that were forced into this little pocket of area. You guys do not 445 live in this little pocket of area, so you do not know the hardships of many of the households. Then you guys will turn around, tear it up in the short future to force installation of sewer with ANOTHER assessment???? You did not properly prepare this area when you allowed the Habitat homes. How interesting now that Habitat KNOWS there is not PROPER drainage in this area after they mostly built it all up, the COUNTY ALLOWED IT, and can no longer build on these too small lots. Now the COUNTY in hindsight wants the residents to pay for the fix when it should have been done before it was ever allowed? The residents are POOR in this area, you are asking them to pay a monthly bill for 20 years!!!!! There is a housing crisis, an economic crisis, people are struggling financially, and NOW you want to do this??? You guys' paved 1 lth for the school buses in short time no problem. I think the county can manage to do the rest of the roads without assessing properties, putting liens on people's homes, lots, and making life even harder for the struggling. And the way you try to fancy the words and make it sound like you are doing more about the ditches when you are just putting the sod down. Tiny lots, narrow roads, and 5 families living in homes because no one can afford anything, cars having to park in streets. My vote stands for 2 votes since there are two addresses but only one mailing card. 18. We had the money in 2004 until the hurricanes back-to-back hit us. You used the money for cleanup. Did not FEMA give us the money back? 19. The decision for the homeowner or property owner to pay 75% of the cost of funding their pavement and drainage system in this area is unfair to property owners wherein the county themselves is only going to pay 25%. These are hard economic times for property owners or individuals, in general I totally disagree with this decision. I believe that the county should try adamantly to look for federal government funding otherwise property owners will be paying for every road in Indian River County to be paid or bridge repairs and so on and so forth etc.!!!! 20. "No, no, no. This improvement is way too expensive for the citizens of this neighborhood. In essence, you're asking to nearly double the property tax cost for the next 20 years! And many of the homes in this neighborhood are Habitat built homes purchased by lower income, often one - working adult families. How are they supposed to afford such an increase? Renters will also suffer as the cost will be passed on to them, making rents excessively high in this section of Oslo compared to other areas nearby. Please stop considering this until the money can be found by other means or the cost to citizens can be reduced substantially. Thank you" 21. There is no way that I could afford over $1,640.00 for property taxes every year on my habitat for humanity house. I am disabled and live on a fixed income. 22. If this project passes, I will lose my house. I'm on a fixed income and can't afford it. PF 23. Most residents have mortgage payments with escrow. So, once the assessment amount is added onto the taxes that you are already paying, along with the homeowner insurance, some will not be able to afford the mortgage payment. 24. Pave 13th road, and change the % the owner pays 25. Too expensive per property, especially for us that are on a fixed income. 26. That amount totals $32,800 per lot over 20 years which is pretty extreme. Within that 20 -year time period, it is almost inconceivable that a NHTSA, or some other federal grant, or state or local funding grant cannot be found, submitted and approved for this project. 27. As badly as I want the roads in our neighborhood paved, I don't think every single homeowner in the neighborhood should have to pay $32,000+ over the next 20 years. Newer people moving into the neighborhood in the future will also have this added assessment, that they did not agree to for the project. 28. This is a huge jump in the original estimated cost of the project which the county stated they believed would be between $5 to $7 million. Paved roads & proper drainage for those roads are extremely vital, however a nearly tripled estimate is unrealistic for one of the lowest income areas in Vero Beach to burden. There are multiple habitat homes going up in the area, perhaps looking at partnering with these organizations & private institutions for additional funding might be worth exploring. 446 29. Originally $400 then $500. The new assessment is obviously too high especially when you were going to pave 13th St 30. Most of this area is Habitat for Humanity. Surely you do not believe they can afford this. In addition, there are many like me on a fixed income that are barely getting by and cannot afford something the county should be paying for. I wonder how many streets had to pay this type of money for something the government should pay for. I have lived in a number of places and have never heard of such a scheme! STAFF RECOMMENDATION The Public Works Department recommends that the Board discusses the resolution and votes to either close out the previous Board action of a draft ordinance or to request the scheduling of a Public Hearing to look to approve staff to begin a special assessment project under Chapter 206 of the Indian River County Ordinance Code. 447 Indian River County, Florida * MEMORANDUM �IOy' File ID: 25-0510 TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: Type: Attorneys Matters Board of County Commissioners John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney April 17, 2025 /,-/A Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 Demolition Lien Reduction - 4541 38th Court, Vero Beach, FL 32967 BACKGROUND On November 6, 2015, Indian River County recorded a lien for the costs of a demolition at 4541 38th Court, Vero Beach, FL 32967 (the "Property") for $4,977.38. That lien accrued interest at an interest rate of 5.75% per annum. As of April 17, 2025, the costs of the demolition and interest were $8,232.24. The new property owner contacted the County Attorney's office on or about April 3, 2025, to ask about a lien reduction. Consistent with recent practice, the County Attorney's Office recommends that the Indian River County Board of county Commissioners waive 90% of the accrued interest, so long as the lien and 10% of the outstanding interest for a total of $5,302.87 is paid within 60 days and that once paid, the Board authorizes the Chairman to execute a release of lien. BUDGETARYIMPACT Lien proceeds will be deposited into MSTU fund/Building Demolition Liens Revenue account number 004038- 369092. The costs of recording the release of the lien will be borne by the property owner, Dady Junior Tiene. STAFF RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners waive 90% of the accrued interest, so long as the lien and 10% of the outstanding interest for a total of $5,302.87 is paid within 60 days and that once paid, the Board authorizes the Chairman to execute a release of the lien. Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by Legistarn "8 6/27/24,11:41 AM Landmark Web Official Records Search 3120150066888 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2890 PG: 886,11/6/2015 9:34 AM COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street LIEN Vern Beach, Florida 22960 " �< I Q� W z THIS LIEN, filed the -jTj_ day of November, 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Beginning at the Northwest corner of the West 20 acres of the East 30 acres of the Southeast Y4 of the Southwest '/. of Section 22, Township 32 South, Range 39 East; thence run South along the West boundary line of said West 20 acres a distance of 820 feet to a Point of Beginning; thence continue South a distance of 70 feet to a point; thence run East and parallel to the North boundary line of said West 20 acres a distance of 125 feet to a point; thence run North and parallel to the West boundary line of said West 20 acres a distance of 70 feet to a point; thence run West to the Point of Beginning. Said land also known as Lot 12 of the unrecorded plat of PINEVIEW PARK EXTENSION. Parcel No. 32-39-22-00000-5000-00040.0 The name of the record owner of the above-described property is: Louise Wild THIS LIEN is filed against the real property to secure the payment of Four Thousand Nine Hundred Seventy -Seven and 38/100 Dollars ($4,977.38), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent •annum, until the total amount, including interest, has been paid. S;�F.. INDIAN RIVER COUNTY, FLORIDA 9io� ; ATTEST: Jeffrey R. Smith, Cll�?lii-" : � Circuit Court and Comptroller By: C `L - 'beputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Wesley S. Davis, Chairman Board of County Commissioners BCC approved: November 3. 2015 The foregoing instrument was acknowledged before me this _-jLa day of November, 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian,Jgunty, Florida, who is personally known to me. 14 0�5(`I L P(Jq�F!" NOTARY PUBLIC: * _ �.40:*' Signature: -f5 #R 6w 'o Printed name: Mist L. Pursel eegiee�' off= Commission No.: FF 65450 Commission Expiration: 1/11/18 SEAL' iic uiiN"�� https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSeIection=# 3120240058166 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3742 PG: 103,12/9/2024 4:28 PM D DOCTAX PD $0.70 Prepared By and Return To: J.D. Manzo, Esq. Manzo & Associates, P.A. 4767 New Broad Street Orlando, FL 32814 Property Appraiser's Parcel I.D. (folio) Number(s): 32392200000500000040.0 QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed this 4th day of December, 2024 by, Louise Wild, a single woman, hereinafter called the grantor, to Dady Junior Tiene, whose post office address is 1433 SW Aachen Ave Port St. Lucie, FL 34953, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations and limited liability companies) WITNESSETH: That the grantor, for and in consideration of the sum of $10,00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby remises, releases and quit claims unto the grantee, all the right, title, interest, claim and demand which the said grantor has in and to the following described land, situate in Indian River County, Florida, to -wit: Beginning at the Northwest corner of the West 20 acres of the East 30 acres of the Southeast 1/4 of the Southwest 1/4 of Section 22, Township 32 South, Range 39 East; thence run South along the West boundary line of said West 20 acres a distance of 820 feet to a Point of Beginning; thence continue South a distance of 70 feet for a point; thence run East and parallel to the North boundary line of said West 20 acres a distance of 125 feet to a point; thence run North and parallel to the West boundary line of said West 20 acres a distance of 70 feet to a point; thence run West to the Point of Beginning. Said land also known as Lot 12 of the unrecorded plat of Pineview Park Extension. Together with a non-exclusive permanent easement over the East 60 feet of the West 185 feet of the aforesaid West 20 acres. Said easement is for the purpose of pedestrian and vehicular ingress and egress, the location of utilities and utility implements, including but not limited to drainage facilities, water lines, electrical lines or poles, and sewer lines. Said casement is to be used in common with the other owners of property which is located in the aforesaid West 20 acres. Reserving a twelve (12') foot easement across the West 12 feet of the parcel of land as hereinbefore described. Said easement is for the location and maintenance of electrical poles, lines, anchors, drainage facilities and other utilities. Commonly known as 4541 38th Ct Vero Beach, FL 32967 To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, to the only proper use, benefit and behoof of grantee forever. This property is not and never was Homestead property of the Grantor. The preparer Manzo & Associates, P.A. makes no warranties or assurances regarding the condition of the title. 450 BK: 3742 PG: 104 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signe aled and deliverd in the presence of: ui W�Id , tib• All' 's ress Grant� (Witness 91 Printed Name) $ 3S 0s Mwr HI axP/1V' (Witness #1 Address) y NUS r F- 3N 2 iS STATE OF 61410A" COUNTY OF WA'Sa + (Witness,#2 Srg e) 1 b (Witness #2 Printed Na ) (Witness # 2 Address) 3 y 2R ? The foregoing instrument vyas acknowledged before me by means of Q physical presence or ❑ online notarization. this day of December 2024. by Louise Wild, who produced valid photo identificatio as mall t me. Joshua Daniel Austin N Public -'� j = Comm.: HH 400080 S`S �� two Gt— /jj ST i j Expires: May 18, 2027 Notary Public - Stag of Flo W 451 ` Indian River County, Florida * * MEMORANDUM �ORI04' File ID: 25-0558 Type: Attorneys Matters TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: May 5, 2025 SUBJECT: Resolution Merging Public Safety Coordinating Councils BACKGROUND IVB Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 Indian River County currently has a Public Safety Coordinating Council, which is required by Fla. Stat. 951.26, whose principal statutory purpose is to assess the population status of all county detention or correctional facilities and to formulate recommendations to ensure they are not exceeded. In addition, Indian River County has a Public Safety Council for Criminal Justice, Mental Health and Substance Abuse, which is required by Fla. Stat. 394.657, whose principal statutory purpose is to recommend to the Board of County Commissioners how the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program may be best implemented in the community. There is significant overlap in the membership of these Councils. Fla. Stat. 394.657 allows both Councils to merge and fulfill both statutory functions if the membership of the larger Public Safety Council for Criminal Justice, Mental Health and Substance Abuse is met. The County Attorney's Office recommends that the County abolish the Public Safety Coordinating Council and merge its functions into the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse, which shall meet at least quarterly. In addition to merging the Councils, our office further recommends that the Board formally add to the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse the duty to make recommendations to the Board for the use of funds received from opioid litigation and to receive reports from any formal/informal Opioid and Substance Use Task Force. This resolution does the following things: Abolishes the Public Safety Coordinating Council. Merges the Public Safety Coordinating Council with the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse. Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by legistarTM 452 Clarifies that the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse shall carry out the purposes of both Florida Statutes 951.26 and 394.657. Adds to the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse the additional duty of making recommendations to the Board for the use of funds received from opioid litigation and to receive reports from any formal/informal Opioid and Substance Use Task Force. PREVIOUS BOARD ACTIONS In 1993, the Board formed the Public Safety Coordinating Council by Resolution 1993-220. In 2016, the Board formed the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse by Resolution 2016 -101. STAFF RECOMMENDATION The County Attorney's Office recommends that the Board approve the attached Resolution. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Zegistarn" 453 RESOLUTION NO. 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ABOLISHING THE PUBLIC SAFETY COORDINATING COUNCIL AND REVISING THE PUBLIC SAFETY COUNCIL FOR CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE TO MEET THE STATUTORY REQUIREMENTS OF BOTH COUNCILS. WHEREAS, Indian River County is required to have a Public Safety Council for Criminal Justice, Mental Health and Substance Abuse, pursuant to Florida Statutes Section 394.657, to recommend to the Board of County Commissioners how the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program may be best implemented in the community; and WHEREAS, Indian River County is required to have a Public Safety Coordinating Council, pursuant to Florida Statutes Section 951.26, whose principal purpose is to assess the population status of all county detention or correctional facilities and to formulate recommendations to ensure they are not exceeded; and WHEREAS, Florida Statute Section 394.657 allows the Public Safety Coordinating Council to merge functions with the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse, if membership required by statute is met; and WHEREAS, in order to be more efficient, Indian River County would like to abolish its existing Public Safety Coordinating Council and merge its functions with the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse; and WHEREAS, the Indian River County Board of County Commissioners would further like to assign to the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse the additional duty of making recommendations to the Board for the use of funds received from opioid litigation and to receive reports from any formal/informal Opioid and Substance Use Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. ABOLITION OF THE PUBLIC SAFETY COORDINATING COUNCIL The Public Safety Coordinating Council is hereby abolished and Resolution 1993-220, which formed the Council, is rescinded. All duties of the Public Safety Coordinating Council are hereby assigned to the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse. 454 RESOLUTION NO. 2025- 2. PUBLIC SAFETY COUNCIL FOR CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE The Indian River County Public Safety Council for Criminal Justice, Mental Health and Substance Abuse, originally established by Resolution 2016-101, is hereby revised and re- established. 3. MEMBERSHIP. The Public Safety Council for Criminal Justice, Mental Health and Substance Abuse Committee shall have 20 members. There is no resident requirement for members. The members are as follows: a. The state attorney, or an assistant state attorney designated by the state attorney. b. A public defender, or an assistant public defender designated by the public defender. c. A circuit judge designated by the chief judge of the circuit. d. A county court judge designated by the chief judge of the circuit. e. The chief correctional officer. f. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff. g. The police chief, or a person designated by the local police chiefs association. h. The state probation circuit administrator, or a person designated by the state probation circuit administrator. i. The local court administrator, or a person designated by the local court administrator. The chairperson of the board of county commissioners, or another county commissioner designated by the chairperson, or, if the planning council is a consortium of counties, a county commissioner or designee from each member county. k. The director of any county probation or pretrial intervention program, if the county has such a program. 1. The director of a local substance abuse treatment program, or a person designated by the director. 2 455 RESOLUTION NO. 2025- m. The director of a community mental health agency, or a person designated by the director. n. A representative of the substance abuse program office and the mental health program office of the Department of Children and Families, selected by the substance abuse and mental health program supervisor of the district in which the county is located. o. A primary consumer of mental health services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If multiple counties apply together, a primary consumer may be selected to represent each county. p. A primary consumer of substance abuse services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If the planning council is a consortium of counties, a primary consumer may be selected to represent each county. q. A family member of a primary consumer of community-based treatment services, selected by the abuse and mental health program supervisor of the district in which the family member resides. r. A representative from an area homeless program or a supportive housing program. s. The director of the detention facility of the Department of Juvenile Justice, or a person designated by the director. t. The chief probation officer of the Department of Juvenile Justice, or an employee designated by the chief probation officer. 456 RESOLUTION NO. 2025- 4. POWERS AND DUTIES. The Public Safety Council for Criminal Justice, Mental Health and Substance Abuse shall have the power and duty to recommend courses of action for the Board of County Commissioners to take with respect to all matters encompassed by Sections 951.26 and 394.657, Florida Statutes. Additionally, the Council shall make recommendations to the Board for the use of funds received from opioid litigation and to receive reports from any formal/informal Opioid and Substance Use Task Force. 5. ADVISORY STATUS. The Public Safety Council for Criminal Justice, Mental Health and Substance Abuse shall be advisory only and the members shall serve without compensation. 6 GENERAL PROVISIONS. The provisions of Title 1, Chapter 103, relating to the advisory boards and commissions shall apply to this Committee. The Committee shall elect from among its voting members a chairman and a vice-chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 7. MEETINGS. A meeting may be called at the request of either staff or the chair of the Committee, but the Council shall meet at least quarterly. The agenda for each meeting shall be established by the chairman in coordination with County staff. The chairman, Committee member, or staff may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under its "Commissioners Items." CONSULTANTS. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman 4 f and upon being put 457 RESOLUTION NO. 2025 - Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 20th day of May 2025. ATTEST: Ryan L. Butler, Clerk Of the Court and Comptroller By: Clerk/Deputy Clerk Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC approval date: 458 Ute 41 1J.7J RESOLUTION NO, 23-7,70 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND TNROUON ITS BOARD OF COUNTY COWrNSIONERS, CREATING A COUNTY PUBLIC SAMY COORDINATINd COUvCZL. WNERZAE. Indian Alver County in raquired to establish ■ County Public Safety Coordinating Council, pursuant to Chapter 951.26, Florida Statutes; and WHEREAS, the lav requires that the following persons be appointed to the committees (I) The state Attorney or his designated Assistant State Attorney, (2) The Fublic Defender or his designated Assistant Public Defender, (3) The Chief Circuit Judge or another Circuit Judge as his design**, ' (i) The Chief County Judge or another County Judge as his designs*, (5) The Chief Correctional Officer, (6) The Sheriff or his deaigne*r if the Sheriff Is not designated as the Chief Correctional Officer, . (7) The state Probation Circuit Administrator or him designee, (B) The Chairman of the Board of County Commissioners or another County Commissioner ea designs*, (9) The Director of county Probation or Pretrial Intervention Program, and (10) The Director of the Local Substance Abu** Tr*stm*nt Program or his designee. NON, TNEREFORS, BE IT RESOLVED BY THE BOARD OF COUNTY COHMIBSIONZRS OF INDIAN RIVER COUNTY, FLORIDA, that. The Indian Aiver County Public Safety Coordinating Council is hereby created for the purpos*a set out in Section 951.261 Florida Statutes. The resolution was moved for adoption by Commissioner _ Mgg ht and the motion wag seconded by Commissioner Eggert__, and, upon being put to a vote, the vote was as follows] Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Cammisaioner Carolyn A. Lggert Aye Cosnissioner Fran ■. Adams Aye Commissioner Kenneth A. Aacht Aye The Chairman thereupon declared the resolution duly passed and adopted this 2t day of netemhgr 1993. BOARD OF couRTY CYwissIONEAb INDIAN RIVER LINTY, FLORIDA JW%s t cBy /2y y/ Richard N. Bird Jeffs y K. Bir own, pierk Chairman 6Y'.T1.1Lt# -t a fit('. 42 459 RESOLUTION NO. 2016- 1o1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE PUBLIC SAFETY COUNCIL FOR CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE. WHEREAS, Indian River County is required to establish a Public Safety Council For Criminal Justice, Mental Health and Substance Abuse, pursuant to Florida Statutes Section 394.657; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. ESTABLISHMENT. . The Indian Rover County Public Safety Council For Criminal Justice, Mental Health and Substance Abuse is hereby established. 2. MEMBERSHIP. The Public Safety Council For Criminal Justice, Mental Health and Substance Abuse Committee shall have 20 members. There are no resident requirement for members. The members are appointed as follows: a. The state attorney, or an assistant state attorney designated by the state attorney. b. A public defender, or an assistant public defender designated by the public defender. c. A circuit judge designated by the chief judge of the circuit. d. A county court judge designated by the chief judge of the circuit. e. The chief correctional officer. f. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff. g. The police chief, or a person designated by the local police chiefs association. h. The state probation circuit administrator, or a person designated by the state probation circuit administrator. 460 RESOLUTION NO. 2016- 101 The local court administrator, or a person designated by the local court administrator. j. The chairperson of the board of county commissioners, or another county commissioner designated by the chairperson, or, if the planning council is a consortium of counties, a county commissioner or designee from each member county. k. The director of any county probation or pretrial intervention program, if the county has such a program. 1. The director of a local substance abuse treatment program, or a person designated by the director. m. The director of a community mental health agency, or a person designated by the director. n. A representative of the substance abuse program office and the mental health program office of the Department of Children and Families, selected by the substance abuse and mental health program supervisor of the district in which the county is located. o. A primary consumer of mental health services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If multiple counties apply together, a primary consumer may be selected to represent each county. p. A primary consumer of substance abuse services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If the planning council is a consortium of counties, a primary consumer may be selected to represent each county. q. A family member of a primary consumer of community-based treatment services, selected by the abuse and mental health program supervisor of the district in which the family member resides. r. A representative from an area homeless program or a supportive housing program. s. The director of the detention facility of the Department of Juvenile Justice, or a person designated by the director. t. The chief probation officer of the Department of Juvenile Justice, or an employee designated by the chief probation officer. 0 1 C- % U m e n 1: 461 RESOLUTION NO. 2016- 101 3. POWERS AND DUTIES. The Public Safety Council For Criminal Justice, Mental Health and Substance Abuse shall have the power and duty to recommend courses of action for the Board of County Commissioners to take with respect to any and all matters encompassed by Section 394.657, Florida Statutes, County Planning Councils or Committees. 4. ADVISORY STATUS. The Public Safety Council For Criminal Justice, Mental Health and Substance Abuse shall be advisory only and the members shall serve without compensation. 5. GENERAL PROVISIONS. The provisions of Title •l, Chapter 103, relating to the advisory boards and commissions shall apply to this Committee. The Committee shalt elect from among its voting members a chairman and a vice-chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 6. MEETINGS. A meeting may be called at the request of either staff or the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with County staff. The chairman, Committee member, or staff may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under its "Commissioners Items." 7. CONSULTANTS. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. The resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner zorc and upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissigo,r1imlorc o C; u m e w ri �r AYE AYE AYE_ AYE AYE 462 RESOLUTION NO. 2016- in 1 The Chairman thereupon declared the resolution duly passed and adopted this 4th day of October, 2016. ATTEST: Jeffrey R. Smith, Clerk Of the Court and Comptroller By: /-� Deliuty Clerk Approved as to form and legal sufficiency: B ylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORID •' co��n;,; By: A -,.-45x-5 \Jdz- Bob Solari, Chairman BCC approval date: October -4, 2016 Indian River County, Florida * * MEMORANDUM �10y' File ID: 25-0559 Type: Attorneys Matters TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: May 5, 2025 /YL Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 SUBJECT: Interlocal Agreement regarding the Humiston Boardwalk Project BACKGROUND On January 22, 2025, the Board of County Commissioners approved a commitment to participate in the Humiston Beach Boardwalk project. Specifically, the Board approved staff's recommendation, which was to "contribute up to $400,000.00 toward the Humiston Beach Boardwalk project with the County's contribution not to be more than the City's portion of funding for the project, excluding federal or state grants or appropriations towards the project." The Board also directed the County Attorney to draft a participation agreement. The attached agreement outlines the County's contribution, specifies that the money shall only be used for construction costs for the boardwalk, including any ADA improvements and two pavilions, and sets up payment procedures. The term of the agreement commences upon adoption and execution by both parties and runs until the boardwalk project is completed, all funds incurred by the City are paid, and any federal/state appropriations are received. The City of Vero Beach Council is scheduled to consider this agreement at its May 13t' meeting. BUDGETARYIMPACT Funding not to exceed $400,000 will be made available from General Fund/Cash Forward Oct 1 st after all necessary backup documentation has been received from the City. STAFF RECOMMENDATION The County Attorney's Office recommends that the Board approve the attached agreement. Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by L.egistarn, 464 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH REGARDING THE HUMISTON BEACH BOARDWALK PROJECT THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this day of , 2025 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and the CITY OF VERO BEACH, a Florida municipal corporation ("City"). BACKGROUND RECITALS A. The County and City share a common desire to reconstruct the historic Humiston Beach Boardwalk ("The Boardwalk Project") to provide a recreational amenity for Indian River County residents and visitors; and B. The County has agreed to contribute to The Boardwalk Project and the County and City would like to clarify the terms of the County's financial participation. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable considerations, and intending to be legally bound, the County and the City agree as follows: 1. County Financial Contribution. The County will contribute up to $400,000.00 (Four Hundred Thousand Dollars) towards The Boardwalk Project with the County's contribution not to be more than the City's portion of funding for the project, excluding federal or state grants or appropriations received towards the project. 2. Description of Project. The County's financial contribution shall only be used for construction costs for the boardwalk, including any ADA improvements to the boardwalk, and two pavilions. 3. State/Federal Funding. The amount of the County contribution shall be reduced proportionally by any state or federal grants or appropriations that the City receives for The Boardwalk Project. The City acknowledges that it has applied for federal FEMA funding, and it pledges to continue to pursue this funding in good faith and to use best practices in qualifying for federal monies. The City further agrees to provide an accounting at the conclusion of The Boardwalk Project and to return to the (county any money it paid to the City in an amount equal to any state and/or federal funds received for the Boardwalk Project. 4. Payment Procedures. a) The County shall make progress payments to the City based on approved payment requests that reimburse the City for The Boardwalk Project costs incurred in the fiscal year (Oct 1 — Sept 30) that the work was completed. The 465 deadline for the City to submit payment requests for the prior fiscal year is October 15th every year until the funds have been fully expended. b) The City payment requests shall include bid documents, invoices, and proof of payment to allow the County to validate the costs incurred. c) Payment requests shall be submitted to the County Office of Management and Budget. d) A full summary reconciliation of costs and funding shall be submitted to the County Office of Management and Budget upon completion and reimbursement of all funding sources. e) The City agrees to allow the County reasonable access to any records needed to verify payments for The Boardwalk Project including, but not limited to, books, papers, invoices, audits, and any other pertinent records. 5. Relationship of the Parties. The County and the City are not partners or joint ventures or agents of each other with respect to The Boardwalk Project. The County's pledge of financial contribution is not intended to create any third -party beneficiaries, and the County shall not be directly responsible for any payments to contractors or others related to The Boardwalk Project. The City shall hold the County harmless against any claims by parties supplying labor, materials or supplies for The Boardwalk Project. 6. Term. The term of this agreement shall commence upon adoption and execution of this agreement by both the County and City and shall run until The Boardwalk Project is completed, all funds incurred by the City are paid, and any federal/state appropriations are received. The term shall include any time necessary for the City to appeal a state/federal funding decision and any time necessary for the City to provide the County with a final project accounting. This agreement, once fully executed, shall be filed with the Clerk of the Circuit Court of Indian River County. 7. Assignment. This agreement is not assignable. 8. Termination. This agreement may be terminated as follows: a) By the County if the City fails to commence construction of The Boardwalk Project within three (3) years of the effective date of this agreement. b) By either party, for good cause shown, upon ninety (90) days' notice to the other party. Written notice of proposed termination shall be provided to the other party, detailing the good cause alleged. The parties agree that they will meet and confer, in good faith, to address the concerns of the other party prior to any official action being taken by either governing body. 9. Notices. Indian River County: Indian River County Attn: County Administrator E 466 1801 27th Street, Building A Vero Beach, Florida 32960 City of Vero Beach: Attn: City Manager P.O. Box 1389 Vero Beach, FL 32961-1389 The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. 10. Governing Law/Venue. The validity, interpretation, construction, and effect of this agreement shall be in accordance with and governed by the laws of the State of Florida only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 11. Merger/Modification. This agreement incorporates and includes all prior and contemporaneous negotiations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained herein. It is further agreed that no modification or amendment in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. 12. Invalidity/Severability. If any term or provision of this agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first written above. 3 467 Attested: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") By: Joseph Flescher, Chair Approved by BCC: , 2025. Approved as to form and legal sufficiency: By: By: Ryan Butler, Clerk of Courts Jennifer Shuler, County Attorney Attested: By: Sherri Philo, City Clerk CITY OF VERO BEACH ("City") Approved by City: , 2025. By: John Cotugno, Mayor By: Monte Falls, City Manager Approved as to form and legal sufficiency: By: John Turner, City Attorney 468 Indian River County, Florida * MEMORANDUM �ORI04' File ID: 25-0483 l(06) Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Solid Waste Disposal Meeting Date: 5/20/2025 District TO: The Honorable Board of County Commissioners THROUGH: Clerk to the Board FROM: Randi Wardlow, Recording Secretary DATE: May 05, 2025 SUBJECT: Approval of the SWDD Meeting Minutes of January 28, 2025 STAFF RECOMMENDATION Approve Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by LegistarT 469 Indian River County, Florida * ' MEMORANDUM �1pA File ID: 25-0489 166a Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indiandver.gov Type: Solid Waste Disposal Meeting Date: 5/20/2025 District TO: The Honorable Board of County Commissioners THROUGH: Clerk to the Board FROM: Shauna James, Recording Secretary DATE: May 05, 2025 SUBJECT: Approval of the SWDD Meeting Minutes of February 11, 2025 STAFF RECOMMENDATION Approve Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by t_egistarn, 470 Indian River County, Florida * MEMORANDUM �IpA File ID: 25-0553 16n Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Solid Waste Disposal Meeting Date: 5/20/2025 District TO: The Honorable Board of County Commissioners THROUGH: Clerk to the Board FROM: Shauna James, Recording Secretary DATE: May 05, 2025 SUBJECT: Approval of the SWDD Meeting Minutes of March 11, 2025 STAFF RECOMMENDATION Approve Indian River County, Florida Page 1 of 1 Printed on 5/15/2025 powered by Legistarn 471 File ID: 25-0563 TO: THROUGH: FROM: DATE: Indian River County, Florida MEMORANDUM Type: Solid Waste Disposal District The Solid Waste Disposal District Board of Commissioners John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services /� 8y Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District May 7, 2025 SUBJECT: Amendment No. 1 to Work Order No. 2 to Jones Edmunds for 74th Avenue SW Widening Project BACKGROUND On September 10, 2024, the Solid Waste Disposal District (SWDD) approved Work Order No. 2 for $174,920 to Jones Edmunds and Associates, Inc. (Jones Edmunds) to provide engineering design, permitting, and bidding services for widening of the landfill entrance as well as a dedicated right turn lane on 74t' Avenue SW to optimize the efficiency of the upcoming automated scale system. The purpose of this agenda is to request a change order to cover cost for additional off-site survey/data collection. ANALYSIS The scope of work included survey/data collection in the amount of $18,000. However, staff have requested survey/data collection for an additional 800 feet, which has conversely required additional effort and cost from Jones Edmunds. Jones Edmunds has proposed to utilize Masteller, Moler & Taylor for the additional survey work and is requesting a change order in the amount of $6,455 to cover the additional work. Staff supports the need for additional work and the accompanying change order which would increase the total project cost to $181,375. BUDGETARYIMPACT Funding, in the amount of $6,455, for Amendment No. 1 to Work Order No. 2 for the 74th Avenue SW Widening Project is budgeted and available in the SWDD/WIP/74th Ave Turn Lane, Gate & Cameras account, number 411-169000-23042, which is funded from SWDD assessments and user fees. Description Account Amount SWDD/WIP/74th Ave Turn Lane, Gate & Cameras 11-169000-23042 $6,455 Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by legistar", 472 PREVIOUS BOARD ACTIONS On September 10, 2024, the SWDD Board approved Work Order No. 2 with Jones Edmunds and Associates, Inc. for $174,920, to provide engineering services related to the 741 Avenue SW Widening project. POTENTIAL FUTURE BOARD ACTIONS n/a STRATEGIC PLAN ALIGNMENT Infrastructure OTHER PLAN ALIGNMENT n/a STAFF RECOMMENDATION Solid Waste Disposal District staff recommends that its Board approve Amendment No. 1 to Work Order No. 2 with Jones Edmunds and Associates, Inc. for $6,455, to provide engineering services related to the 741 Avenue SW Widening project; and authorize the Chairman to execute the same, as presented. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by LegistarT6 473 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 23, 2024 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 2 to Jones Edmunds and Associates for 74th Avenue SW Widening Project Descriptions and Conditions: The Solid Waste Disposal District (SWDD) has authorized a new Automated Scale Project that is anticipated to be use by the end of this calendar year. This project will provide greater customer service to our routine account holders. However, during peak traffic flows, our current entrance as well as the current right turn lane into the landfill on 74th Avenue SW will become a bottleneck reducing the benefit of the new automated scale system. Staff is proposing the widening of our entrance as well as a dedicated right turn lane on 74th Avenue SW to optimize the efficiency of the new automated scale system. Staff received Work Order No. 2 from Jones Edmunds and Associates (Jones Edmunds) to provide engineering design, permitting, and bidding services and recommends approval from the SWDD Board. Analysis: Jones Edmunds has prepared Work Order No. 2, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the Continuing Contract Agreement for Professional Services (CCNA), dated May 2, 2023. PHASE 1 DESCRIPTION TOTAL AMOUNT Task 1 Project Management, Meetings, and Communications $23,135 Task 2 Data Collection $29,225 Task 3 Design $100,070 Task 4 Permitting $15,750 Task 5 Bidding $6,740 TOTAL = $174,920 2ed586f6-e67f-47f4-b2e9-f6764b4b2226.docx Page 1 of 2 474 SWDD Item Funding: Funding for the 74th Avenue SW Widening Project work is budgeted and available in the SWDD/WIP/74th Ave Turn Lane, Gate & Cameras account, number 411-169000-23042, for a total amount of $174,920, which is funded from SWDD assessments and user fees. Account Name Account Number Amount SWDD/WIP/74th Ave Turn Lane, Gate & Cameras 411-169000-23042 1 $174,920 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Work Order No. 2 with Jones Edmunds and Associates, Inc. for $174,920, to provide engineering services related to the 74th Ave SW Widening project; and authorize the Chairman to execute the same, as presented. Attachment: Jones Edmunds Work Order No. 2 2ed586f6-e67f-47f4-b2e946764b4b2226.docx Page 2 of 2 475 WORK ORDER 2 This Work Order Number 2 is entered into as of this _ day of pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Jones Edmunds & Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Stanley F. Ferreira, Jr., PE Title: President & CEO Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: . Christopher A. Hicks, Assistant County Attorney 476 Ronnie Jones, BSCE, A.M. ASCE Assistant Managing Director Indian River County — Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 rionesCabindianriver.gov RE: 74th Avenue SW Street Roadway Turn Lane Improvements Indian River County Solid Waste Disposal District Scope of Services and Fee Schedule Jones Edmunds Opportunity No.: 95479-189-24 Dear Mr. Jones: Jones Edmunds appreciates this opportunity to provide professional engineering services for design, permitting, and bidding services for entry roadway widening including a new second turn lane that connects to a dedicatedAutomated Scale Lane off 74th Avenue SW Street into the Solid Waste Disposal District (SWDD) facilities. This turn lane work will include widening the entrance and connecting the entrance drive into the Automated Scale Lane under construction at the scale house. The existing entrance gate will be replaced with a wider gate. A camera or licensed plate reader will be added to the new gate. The existing pavement section for 74th Avenue SW Street is a rural section with a dirt shoulder and open drainage ditch that will be modified with the new turn lane. The project goal is to enable commercial hauler traffic to directly access the Automated Scale Lane, bypass the scale house, and not interfere with the residential waste disposal trucks, thereby reducing the traffic at the scale house. Project design elements include: Design a second dedicated roadway right turn lane into the SWDD facility. ■ Coordinate with existing utilitiesfor relocating existing utilities that are impacted by the new road work. ■ Coordinate and design the extension of the existing culvert under 74' Avenue SW Street with the Indian River Farms Water Control District. ■ Realign and widen the main entrance into the facility. ■ Address utilities that can be abandoned or capped. ■ Delineate wetlands or habitat species impacted by road work. ■ Prepare project specifications using the 16 -Division Master Specification format (see attached for an example specification list). Division 2, Site Construction, will be the main 800.237.1053 0011411. 477 Ronnie Jones, BSCE, A.M. ASCE August 23, 2024 Page 2 section with potentially additional documents included to address the new gate. The inclusion of Division 1 and 2 will be coordinated with SWDD. ■ Prepare an Engineer's Opinion of Probable Construction Cost (EOPCC). Jones Edmunds will provide the following services: ■ Obtain a topographic and right-of-way survey of 74th Avenue SW Street and the SWDD entrance to prepare the project design. ■ Obtain Subsurface Utility Engineering (SUE) information including horizontal and vertical information of utilities impacted by the new work. An allowance of four holes/locations have been included in this Scope of Services. This information will be surveyed and included on the design plans. ■ Obtain geotechnical data to support the project design. ■ Identify and delineate regulatory wetlands within the project limits. ■ Coordinate with the County to identify easements and property acquisitions if required for the project. ■ Coordinate with public and private utilities for any necessary relocations. ■ Prepare Construction Drawings and Technical Specifications. ■ Submit permit applications to the following agencies: ■ South Florida Water Management District (SFWMD) ■ County Community Development Department for site plan and Technical Review Committee (TRC) approval ■ Indian River Farms Water Control District — Canal Permit The Scope of Work for this Work Order (WO) will be completed in accordance with the Continuing Contract Agreement for Consulting Engineering Services between Indian River County (COUNTY) and Jones Edmunds & Associates, Inc. (CONSULTANT) dated May 2, 2023 (Agreement)." SCOPE OF SERVICES TASK 1 — PROJECT MANAGEMENT, MEETINGS, AND COMMUNICATIONS Jones Edmunds will attend a kick-off meeting with the County. The kick-off meeting will address the following items. This meeting will be conducted via a "Teams" meeting to discuss parameters of the project and to reduce costs. ■ Identify the team roles and responsibilities for the project. ■ Establish the project schedule. ■ Reaffirm project goals. ■ Discuss any key design issues/constraints. 478 Ronnie Jones, BSCE, A.M. ASCE August 23, 2024 Page 3 After the kickoff meeting, Jones Edmunds will hold three in-person design review meetings at the 30%, 75% & 100% completion of plans and specifications on the project. We expect that the design and permitting will take approximately 9 months. Jones Edmunds will prepare meeting minutes for the meetings. Jones Edmunds will communicate with the County via telephone, email, and written correspondence on a regular and ongoing basis. TASK 2 — DATA COLLECTION Jones Edmunds will perform or subcontract the following data -collection services: ■ Topographic/right-of-way and SUE survey: We will subcontract with a Florida -licensed surveying firm for the survey work. Four locations for test holes to identify vertical and horizontal location of utilities have been included. ■ Geotechnical exploration for roadway design: We will subcontract with a Florida licensed geotechnical firm to obtain designated borings. One Standard Penetration Test (SPT) and three auger borings will be obtained. ■ Wetland delineation and seasonal high-water elevations: Jones Edmunds' wetlands scientist will conduct a site visit to delineate wetlands and surface waters and determine seasonal high-water elevations as needed for permitting. If required, this task includes delineating temporary or permanent easements that the County will need to acquire from property owners for the proposed turn lane improvements. Deliverables ■ Topographic/Right-of-Way Survey (PDF). ■ Geotechnical Report (PDF). ■ Wetlands Memorandum summarizing the field findings (PDF). TASK 3 — DESIGN 30% DESIGN Jones Edmunds will develop 30% Design Plans based on the data -collection services outlined in Task 2. Design criteria for the project will follow Indian River County requirements and the requirements of the Florida Department of Transportation's (FDOT) Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways 2021 edition (commonly referred to as the Florida Greenbook). We expect the Plans to include the following sheets: ■ Title Sheet. ■ Legend, Index, and Abbreviations. 479 Ronnie Jones, BSCE, A.M. ASCE August 23, 2024 Page 4 ■ General Notes. ■ Preliminary Alignment Plan. ■ Site Entrance Layout Plan ■ Site Entrance Grading Plan ■ Typical Sections. ■ Grading and Drainage Road Plans Jones Edmunds will submit the 30% Design Plans to the County for their review and comment. Thereafter, Jones Edmunds will meet with the County via TEAMS or Zoom to review the Plans and receive comments regarding the design. Deliverables ■ 30% Plans: electronic copy (PDF) and 1 full-size set of printed plan sheets. 75% DESIGN Jones Edmunds will develop 75% Design Plans and Draft Technical Specifications by incorporating mutually agreed -on comments from the 30% Design. We will prepare an EOPCC. Jones Edmunds will work with the County on the selection of a camera or licensed plate reader to be installed with the new gate. The 75% Plans will include the sheets from the 30% Design plus the following sheets: ■ Plan and Profile Sheets. ■ Roadway Cross -Sections. ■ Grading and Drainage Plans ■ Utility Relocation Plans ■ Wetland Impact Plans. ■ Erosion- and Sediment -Control Plans. ■ Maintenance of Traffic Plans ■ Pavement Marking Plan ■ Details Jones Edmunds will submit the 75% Design Plans, Draft Specifications, and EOPCC to the County for their review and comment. Thereafter, we will meet with the County to review the Plans and receive comments regarding the design. Deliverables ■ 75% Plans: electronic copy (PDF) and 1 full-size set of printed plan sheets. ■ 75% Draft Technical Specifications: electronic copy (PDF). ■ EOPCC: electronic copy (PDF). The County -reviewed and approved 75% Plans will be used for permitting. 480 Ronnie Jones, BSCE, A.M. ASCE August 23, 2024 Page 5 100% DESIGN Jones Edmunds will prepare Final Construction Plans, Technical Specifications by incorporating relevant, in -Scope County comments from the 75% Design, and the Final EOPCC. The Final Construction Plans and Technical Specifications will be used for bidding and construction. The 100% Plans will include the sheets from the 75% Design, any County and permit agency comments, plus the following sheets: ■ Drainage Ditch Profiles. ■ Construction Details. Deliverables ■ 100% Plans (signed -and -sealed): electronic copy (PDF). ■ One full-size set of (signed and sealed) printed plan sheets. ■ 100% Technical Specifications (signed -and -sealed): electronic copy (PDF). ■ EOPCC: electronic copy (PDF). UTILITY COORDINATION During the design process, Jones Edmunds will coordinate with utility providers impacted by the project improvements. We will communicate and meet with the utility providers to confirm that they relocate their facilities if applicable in a timely manner. We cannot control the timeliness of utility relocations by others. As part of this Scope of Services, we will call out minor utility adjustments. TASK 4 — PERMITTING Jones Edmunds will schedule and participate in a pre -application meeting with SFWMD. Jones Edmunds will use the County -approved 75% Design Plans to prepare the permit applications. We will prepare the permit documentsfor County signature and will submit the permit packages to the appropriate agencies. No record exists of any delineated wetlands on this site. The following deliverables will be provided: ■ SFWMD General Environmental Resource Permit (ERP) application. ■ County Transportation Permit application. ■ Indian Farms Water Control District Connection Permit. ■ Responses to Request for Additional Information (RAI)s TASK 5 — BIDDING Jones Edmunds will assist the County during the bidding and award process for the project as follows: 481 Ronnie ]ones, BSCE, A.M. ASCE August 23, 2024 Page 6 • Provide electronic Bid Documents in .pdf format to the County and review the County's Invitation to Bid documents. ■ Assist the County with one addendum to the Contract Documents. Verbal and written questions from prospective bidders will be directed to the County. The County and Jones Edmunds will decide if issuing an addendum is required. Jones Edmunds will prepare responses to the bidders' questions and submit them to the County. The County will post the addendums. ■ Attend one pre-bid meeting with prospective bidders to discuss the project and answer questions. ■ Review the bidders' cost proposals, prepare proposal tabulation, and develop a bid evaluation summary. SCHEDULE The project schedule will be mutually agreed to by the County and Jones Edmunds. The following presents a proposed schedule: Project Schedule We assume that the County will require a 2 -week review period for each submittal. COMPENSATION Based on the Scope of Services described above, the County will pay Jones Edmunds a lump -sum fee in accordance with the following breakdown of tasks: Tasks Total Cost Task 1 - Project Management, Meetings, and Communications $23,135 Task 2 - Data Collection $29,225 Task 3 - Design $100,070 Task 4 — Permitting $15,750 Task 5 - Bidding „$6 740 Total $17#;920 482 Calendar Days Task Notice to Proceed Data Collection 75 30% Design 75% Design 60 100% Design 45 Bidding TBD , We assume that the County will require a 2 -week review period for each submittal. COMPENSATION Based on the Scope of Services described above, the County will pay Jones Edmunds a lump -sum fee in accordance with the following breakdown of tasks: Tasks Total Cost Task 1 - Project Management, Meetings, and Communications $23,135 Task 2 - Data Collection $29,225 Task 3 - Design $100,070 Task 4 — Permitting $15,750 Task 5 - Bidding „$6 740 Total $17#;920 482 £8v Ronnie ]ones, BSCE, A.M. ASCE August 23, 2024 Page 7 PROPOSAL CLARIFICATIONS ■ The County will pay all permit fees. ■ Construction Contract Administration Services have been excluded. These services can be provided once the County defines the scope of these requested services. ■ This Scope of Services excludes wetland mitigation design. If mitigation is required, we assume it will be handled by the purchase of wetland credits by the County from a local mitigation bank. ■ Archaeological surveying and permitting are excluded from this Scope of Services. ■ Coordinating historical preservation is excluded from this Scope of Services. ■ The Project Site is assumed to be free of soil and groundwater contamination. ■ Landscaping plans are included in this Scope of Services. ■ Easement documents and legal descriptions of necessary project properties that the County will acquire will be performed under a separate Task Order. ■ Public meetings and outreach are excluded from this Scope of Services. ■ A traffic study is excluded from this Scope of Services. ■ Major utility adjustments (e.g., upsizing or relocating utilities) are excluded from this Scope of Services and will be performed directly by the utility provider. All utility relocation costs are assumed to be the responsibility of the utility provider. ■ Easement preparation, such as legal descriptions, sketches, and easement agreements, is excluded from this Scope of Services. If you have any questions or comments, please contact us at (352) 377-5821 or via email at fhoyt a jonesedmunds.com or aaltman(&ionesedmunds.com. Sincerely, Fred Hoyt, MBA, PE Project Manager 13545 Progress Boulevard Alachua, Florida 32615 Attachment: Project Fee Estimate Specifications List Alan Altman Client Services Manager 484 TABLE OF CONTENTS DIVISION 1 -GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01100 SUMMARY OF WORK 01290 SCHEDULE OF VALUES 01310 CONSTRUCTION COORDINATION 01325 CONSTRUCTION PHOTOGRAPHS 01330 SUBMITTALS AND ACCEPTANCE 01350 ENVIRONMENTAL PROTECTION PROCEDURES 01355 SPECIAL PROVISIONS 01400 QUALITY REQUIREMENTS 01450 TESTING AND TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01600 MATERIALS AND EQUIPMENT 01650 DELIVERY, STORAGE, AND HANDLING 01720 FIELD ENGINEERING 01740 FINAL CLEANING 01770 PROJECT CLOSEOUT 01780 WARRANTIES AND BONDS 01785 RECORD DOCUMENTS DIVISION 2 -SITE CONSTRUCTION 02000 FDOT REFERENCES 02240 DEWATERING 02700 ROADWAY IMPROVEMENTS 95479-189-24 i TABLE OF CONTENTS 485 July 2024 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Dedicated Right Turn Lane (Project Name) This Amendment 1 to Work Order Number 2 is entered into as of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Jones Edmunds and Associates ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2 , with an Effective Date of 9/10/24 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, all in accordance with the terms and.provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY stahGe� e��eaya ,7/- By: Stanley F. Ferre a, Jr. (May 8,2025 11:24 EDT) By: Print Name: Stanley F. Ferreira, Jr. - PE Title: President & CEO THayes TDH Joseph E. Flescher, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: Jennifer W. Shuler, County Attorney Purchasing JHarvey 024204 486 JonesEdmundsl EXHIBIT A (Modification to Scope of Work) Additional Scope: Following development of the 15% Concept it was agreed that to meet the goals of the project, the Indian River County Solid Waste Disposal District (IRCSWDD) has decided to extend the length of the widening for the new right turn lane. This requires an additional (approximate) 800' of topographic survey and Subsurface Utility Exploration (SUE) along 74 Avenue SW extending north of the original project limits. Additional Fee: The additional cost for this work to the consultant team is estimated to be $6,455. Schedule: The additional work will have no material impact on the overall project delivery schedule. John A. Harvey, PE, LEED AP Signature: Thos'D *f f Troy D. Yys (May 9, 2025'67:31 EDT) Email: thays@jonesedmunds.com 487 Indian River County, Florida MEMORANDUM File ID: 25-0567 Type: Solid Waste Disposal District TO: Solid Waste Disposal District Board of Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services 1� e)5 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 5/20/2025 FROM: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District DATE: May 7, 2025 SUBJECT: Work Order No. 8 to Geosyntec for Preparation of Air Operation Permit Including Visible Emission Testing BACKGROUND The Solid Waste Disposal District (SWDD) Class I Landfill started using the new Landfill Gas Utility Flare in April 2025. As such, the Florida Department of Environmental Protection (FDEP) Air Construction Permit (Permit Number 0610015 -011 -AC) will expire within 180 days of the initial operation of the Landfill Gas Utility Flare; therefore, pursuant to the requirements of Chapter 403 of the Florida Statue (F.S.), Chapters 62-4, 62-210 and 62-213 of the Florida Administrative Code (F.A.C.),the operation of the Landfill Gas Utility Flare has to be added to the FDEP Title V Air Operation Permit for the Class I Landfill. The application for the FDEP Title V Air Operation Permit requires a Professional Engineer seal. It should be noted that the FDEP Air Construction Permit required visible emissions testing within 60 days of the operation of the high-pressure skid (Permit Condition 6). Therefore, this agenda item requests authorization to engage the engineering firm of Geosyntec Consultants (Geosyntec) to prepare the FDEP Title V Air Operation Permit Application as well as oversee the visual emission testing that is required. ANALYSIS Geosyntec has prepared Work Order No. 8, provided in Attachment 1, for Preparation of Air Operation Permit Including Visible Emission Testing detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the Continuing Contract Agreement for Professional Services (CCNA) RFQ 2023015, dated May 2, 2023. BUDGETARYIMPACT Funding for the SWDD Annual Permit Compliance Monitoring and Reporting is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130, for a total amount of $44,298.05, which is funded from SWDD assessments and user fees. escription ccount mount Indian River County, Florida Page 1 of 2 Printed on 5/15/2025 powered by Legistarl 488 SWDD/Landfill/Engineering Services 1121734-033130 44,298.05 STRATEGIC PLAN ALIGNMENT Infrastructure STAFF RECOMMENDATION Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 8 with Geosyntec Consultants for $44,298.05 to provide engineering services related to the Preparation of Air Operation Permit Including Visible Emission Testing; and authorize the Chairman to execute the same, as presented. Indian River County, Florida Page 2 of 2 Printed on 5/15/2025 powered by Legistarn 489 WORK ORDER 8 This Work Order Number 8 is entered into as of this _ day of 1 , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Todd Kafaka Title: Vice President Joseph E. Flescher, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Jennifer W. Shuler , County Attorney 490 EXHIBIT A PROFESSIONAL SERVICES 491 777 Yamato Road Geosyntec te 600 ° SL 33431 Boca Raton, FL 33431 PH 561-995-0900 consultants www.geoWtec.com 8 May 2025 Mr. Himanshu Mehta, P.E., Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal for Engineering Services Preparation of the Title V Air Operation Permit Including Visible Emission Testing Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Per your request, Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to Indian River County (IRC), Solid Waste Disposal District (SWDD) to provide engineering services related to revision to the Title V Air Operation Permit for the IRC Landfill (IRCL) facility. Air Construction Permit No. 0610015 -011 -AC was issued on 31 October 2024 for the construction of a 3,000 SCFM Landfill Gas Utility Flare (EU 009). Per Section 2, Condition #9 of the permit, IRCL must apply for a Title V Air Operation Permit no later than 180 days of the initial operation of the Landfill Gas Utility Flare; therefore, pursuant to the requirements of Chapter 403 of the Florida Statue (F.S.), Chapters 62-4, 62-210 and 62-213 of the Florida Administrative Code (F.A.C.), the operation of the Landfill Gas Utility Flare has to be added to the Title V Air Operation Permit for the Class I Landfill. The permit also requires that SWDD conduct an initial visible emissions compliance test within 60 days after achieving the permitted capacity, but not later than 180 days after initial operation of the unit. The current 5 -year permit (Permit No. 0610015 -008 -AV) was issued on 24 January 2023 with an expiration date of 24 January 2028 by the Florida Department of Environmental Protection (FDEP), Division of Air Resource Management (DARM). This proposal presents the scope of work, schedule, and budget estimate for the preparation and submittal to the FDEP an application for the permit revision to include the Landfill Gas Utility Flare to the Title V Air Operation Permit and coordination of the initial visible emission test. Geosyntec has prepared this proposal (professional services as Exhibit A of Work Order Number 8, pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. NCP2323263/JL23037 Title V Air Operation Permit Revision Proposal.doc engineers I scientists I innovators 492 Mr. Himanshu Mehta 8 May 2025 Page 3 PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The landfill serves the unincorporated Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores. The SWDD administers the management and operation of the Class I Landfill at the IRCL facility, and as such, it is the permit holder of the IRCL facility. This landfill facility is currently operating under Title V Air Operation Permit No. 0610015 -008 -AV, effective 24 January 2023. The permit covers the following EUs: (i) EU 003 — Municipal Solid Waste (MSW) Landfill; (ii) EU 004 — Emergency Standby Generator (805 HP) for the on-site bio -solids dewatering facility; (iii) EU 005 — Landfill Gas Utility Flare; (iv) EU 006 — Emergency Standby Generator (268 HP) at administrative building; (v) EU 007 — Emergency Standby Generator (26.8 HP) for new leachate lift station at the landfill; and EU 008 — 30,000 GPD Leachate Evaporator. As previously mentioned, the IRCL facility was issued a Title V Air Construction Permit No. 0610015 -009 -AC for the Landfill Gas Utility Flare as Emission Unit (EU) 009 on 31 October 2024 with an expiration date of 31 May 2027. This permit authorizes construction of the flare and initial operation to determine compliance with FDEP rules. The permit requires that SWDD apply for the permit at least 90 days prior to expiration of the air construction permit, but no later than 180 days after commencing operation. It also requires that SWDD conduct an initial visible emissions compliance test within 60 days after achieving the permitted capacity, but not later than 180 days after initial operation of the unit. The flare went into commercial operation in April 2025 after the start of commissioning and testing. Therefore, the permit application to include EU 009 to the Title V Air Operation Permit and the initial visible emissions test are due in July 2025. This proposal presents the scope of work, schedule and budget estimate to prepare a Title V Air Operation Permit revision application to include the Landfill Gas Utility Flare and to oversee the required testing. PROPOSED SCOPE OF WORK This project includes professional engineering services required to revise the Title V Air Operation Permit for the IRCL facility to include the Landfill Gas Utility Flare and to comply with the testing requirements of Permit No. 0610015 -009 -AC. The scope of work is based on the requirements of F.S. Chapter 403, Chapters 62-4, 62-210, 62-213 F.A.C., and Geosyntec's understanding of the project based on information provided by SWDD and the Title V permitting requirements. Geosyntec will provide the engineering services necessary to prepare the permit modification application and request for additional information (RAI) from FDEP. For budgeting purposes, the scope of work will be performed in three phases as follows: • Phase 1 — General Consulting/Meeting Support/Project Management; Phase 2 — Visible Emission Testing; NCP2323263/JL23037 Title V Air Operation Permit Revision Proposal.doc engineers I scientists I innovators 493 Mr. Himanshu Mehta 8 May 2025 Page 4 • Phase 3 — Title V Permit Revision Application; and • Phase 4 — Response to Regulatory Comments. Each of these phases is briefly described below. Phase 1— General Consulting/Meeting Support/Project Management Phase 1 consists of three components: general consulting, meeting support, and project management. Geosyntec will provide SWDD with consulting services necessary to initiate the Project. Geosyntec will prepare presentation graphics, and other documents required to support the Project's meetings and coordination activities. A kickoff meeting with SWDD and IRSC, is proposed before the start of project activities so that the specific project requirements can be discussed. If required by SWDD, Geosyntec will prepare for and attend a meeting with the SWDD Board to explain the project scope and budget requirements (Note that this meeting is not included in the budget estimate presented below). Geosyntec will also schedule and attend, with SWDD staff, meetings with DARM office in Tallahassee to discuss specific permitting issues. In addition, review meetings will be held with SWDD as necessary during the project implementation schedule. Following each meeting, Geosyntec will prepare meeting minutes that document decisions reached in the meetings. For the purpose of this budget estimate, Geosyntec has included four (4) meetings: (i) one (1) kickoff meeting with SWDD; (ii) one (1) in -progress design review meeting with SWDD; and (iii) two (2) meetings with FDEP and SWDD staff. The FDEP meetings will consist of: (i) one (1) pre -application meeting; and (ii) review meeting following submittal of the Title V permit revision application. These meetings will be held via teleconference to reduce overall costs of the project. Project management activities will include budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify technical or administrative issues that require SWDD's attention and the current status of the budget and schedule. Phase 2 — Visible Emission Testing Under this phase, Geosyntec will oversee the visible emission per Permit Condition 9. This includes retaining the subcontractor to perform the emission testing, review the test procedures and report prior to submittal to FDEP, and providing the communication to FDEP that is required under Permit Condition 9. Additionally, the visible emission test will be included as an attachment in the Title V Air Operation Permit application. NCP2323263/JL23037 Title V Air Operation Permit Revision Proposal.doc engineers I scientists i innovators 494 Mr. Himanshu Mehta 8 May 2025 Page 5 Phase 3— Title V Permit Revision Applications Under this phase, Geosyntec will prepare the FDEP Title V Air Operation Permit revision application for the IRCL facility. Geosyntec will complete FDEP, DARM Form No. 62- 210.900(1) titled "Application for Air Permit - Long Form" and address the additional information items required by the form. The following items will be prepared as part of the permit revision application: • Facility plot plan; • Process flow diagram; • Precautions to prevent emissions of unconfined particulate matter; • List of insignificant activities; • Identification of applicable requirements; • Compliance report and plan; • Description of proposed revisions to the current Title V Air Operation Permit; • Fuel analysis or specification; • Detailed description of control equipment; • Procedures for startup and shutdown; • Operation and maintenance plan; • Previously submitted information; and • Identification of applicable requirements. Geosyntec will describe the additional emission unit (i.e., the flare) for the IRCL facility, and calculate the emissions of air pollutants expected to be released into the environment by its operation. Geosyntec will complete the required FDEP Form 62-210.900(1) and prepare a transmittal letter to FDEP that summarizes the permit revision application package. Phase 4 — Response to Regulatory Comments Following submittal of the permit revision application, Geosyntec will meet with the FDEP- DARM Tallahassee office to present and discuss the application package. This meeting will be held via teleconference in order to reduce overall costs of the project. Geosyntec will provide FDEP-DARM with written responses to requests for additional information (RAIs) throughout the course of the permit application review process. For the purpose of the budget estimate, Geosyntec has estimated one response to FDEP-DARM RAI will be required. Geosyntec will also review and provide comments on the draft Title V Revised Permit issued by FDEP to ensure that it is consistent with the facility requirements and does not contain unexpected compliance and monitoring requirements. NCP2323263/JL23037 Title V Air Operation Permit Revision Proposal.doc engineers [,scientists I innovators 495 Mr. Himanshu Mehta 8 May 2025 Page 6 SCHEDULE Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD. Geosyntec has assumed that this NTP would be issued no later than 21 May 2025 in order for us to complete the work and submit the Title V Air Operation Permit Revision Application to FDEP before the due date. BUDGET ESTIMATE The budget estimate for the scope of work outlined in this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate does not include permit fees that may be required at the time the permit application is submitted to FDEP. Phase 1 —Project Management/Meetings $8,064.90 Phase 2 — Visible Emission Testing $17,650.40 Phase 3 — Title V Permit Revision Application $13,115.25 Phase 4 — Response to Regulatory Comments $5,467.50 Total Budget Estimate $44,298.05 Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, GX'014�� Cristina Graver, P.E. Senior Engineer Copies: Tim Copland and Nichole Walko — Geosyntec Consultants Attachments NCP2323263/JL23037 Title V Air Operation Permit Revision Proposal.doc engineers I scientists I innovators 496 ATTACHMENT A DETAILED BUDGET ESTIMATE 497 TABLE 1 BUDGET ESTIMATE Preparation of the Title V Air Operation Permit Including Visible Emission Testing INDIAN RIVER COUNTY LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 1: General Consulting/Meeting Support/Project Management ITEM L7 BASISI RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $310.00 2 $620.00 b. Principal Hr $287.00 0 $0.00 c. Senior Professional Hr $265.00 8 $2,120.00 d. Project Professional Hr $235.00 10 $2,350.00 e. Professional Hr $207.00 0 $0.00 f. Senior Staff Professional Hr $184.00 10 $1,840.00 g. Staff Professional Hr $160.00 0 $0.00 Subtotal Professional Services $6,930.00 B. Technical/Administrative Services a. Senior Designer $195.00 0 $0.00 b. Designer qr $165.00 0 $0.00 c. Senior Drafter/Senior CADD Operator $150.00 0 $0.00 d. Project Administrator $90.00 10 $900.00 e. Clerical Hr $68.00 0 $0.00 Subtotal Technical/Administrative Services $900.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor 3% $7,830 $234.90 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 Subtotal Reimbursables $234.90 TOTAL ESTIMATED BUDGET: PHASE 1 $8.064.90 498 TABLE 2 BUDGET ESTIMATE Preparation of the Title V Air Operation Permit Including Visible Emission Testing INDIAN RIVER COUNTY LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 2: Visiable Emission Testing ITEM �F- BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310.00 0 $0.00 b. Principal Hr $287.00 0 $0.00 c. Senior Professional Hr $265.00 4 $1,060.00 d. Project Professional Hr $235.00 4 $940.00 e. Professional Hr $207.00 0 $0.00 f. Senior Staff Professional Hr $184.00 20 $3,680.00 g. Staff Professional Hr $160.00 0 $0.00 Subtotal Professional Services $5,680.00 B. Technical/Administrative Services a. Senior Designer Hr $195.00 0 $0.00 b. Designer Hr $165.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $150.00 0 $0.00 d. Project Administrator I Hr $90.00 0 $0.00 e. Clerical I Hr $68.00 0 $0.00 Subtotal Technical/Administrative Services $0.00 C. Indirect Expenses a. Subcontractor Services Each 1 $11,500.00 1.00 $11,500.00 Subcontractor Services $11,500.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor 3% $5,680 $170.40 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 2 $300.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $470.40 TOTAL ESTIMATED BUDGET: PHASE 217 650.40 499 TABLE 3 BUDGET ESTIMATE Preparation of the Title V Air Operation Permit Including Visible Emission Testing INDIAN RIVER COUNTY LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 3: Title V Permit Revision Application ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $310.00 2 $620.00 b. Principal Hr $287.00 0 $0.00 c. Senior Professional Hr $265.00 10 $2,650.00 d. Project Professional Hr $235.00 0 $0.00 e. Professional Hr $207.00 15 $3,105.00 f. Senior Staff Professional Hr $184.00 30 $5,520.00 g. Staff Professional Hr $160.00 0 $0.00 Subtotal Professional Services $11,895.00 B, trative Services a. Senior Designer Hr $195.00 4 $780.00 b. Designer Hr $165.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $150.00 0 $0.00 d. Project Administrator Hr $90.00 0 $0.00 e. Clerical Hr $68.00 0 $0.00 Subtotal Technical/Administrative Services $780.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor 3% $12,675 $380.25 d. CADD Computer System Hr $15.00 4 $60.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $440.25 TOTAL ESTIMATED BUDGET: PHASE 3 JILL15.25 500 TABLE 4 BUDGET ESTIMATE Preparation of the Title V Air Operation Permit Including Visible Emission Testing INDIAN RIVER COUNTY LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 4: Response to Regulatory Comments ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $310.00 0 $0.00 b. Principal Hr $287.00 0 $0.00 c. Senior Professional Hr $265.00 8 $2,120.00 d. Project Professional Hr $235.00 10 $2,350.00 e. Professional Hr $207.00 0 $0.00 f. Senior Staff Professional Hr $184.00 0 $0.00 g. Staff Professional Hr $160.00 0 $0.00 Subtotal Professional Services $4,470.00 B. Technical/Administrative Services a. Senior Designer Hr $195.00 4 $780.00 b. Designer Hr $165.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $150.00 0 $0.00 d. Project Administrator Hr $90.00 $0.00 e. Clerical Hr $68.00 0 $0.00 Subtotal Technical/Administrative Services $780.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor 3% $5,250 $157.50 d. CADD Computer System Hr $15.00 4 $60.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $217.50 TOTAL ESTIMATED BUDGET: PHASE 45 467.50 501 FXommunk DewlopmaitlUsm\MPO\Admin ts\ RANSf1' I8\New Agreement for Public Transportation Service SRA Final.doc Page 1 250 SECOND EXTENSION OF AGREEMENT FOR MANAGEMENT AND OPERATIONS OF INDIAN RIVER PUBLIC TRANSPORTATION SERVICES This Second Extension of Agreement For Management and Operations of Indian River Public Transportation Services (Agreement), entered into this day of May , 2025, by and between the Indian River County Board of County Commissioners (County) and the Senior Resource Association, Inc. (SRA), RECITALS WHEREAS, the Parties entered into an Agreement For Management and Operations of Indian River Public Transportation Services on June 18, 2018, to establish the responsibilities of each party with respect to obtaining and administering public transportation capital and operating assistance authorized by 49 USC, Section 5307 and other provisions of Federal and State law governing the provision of Public Transportation services. The purpose of the Agreement is to comply with Federal Transit Administration and FDOT requirements to establish formal procedures for grant application and administration activities; and WHEREAS, the Agreement called for an initial term of five years from 2018 to 2023, with two 2 -year extensions beyond the initial five (5) year period of the agreement, exercisable at the sole discretion of the County, and WHEREAS, the Agreement was extended by two years by the County on June 6, 2023, with an extended expiration date of June 30, 2025. WHEREAS, it is the intent of the County and the SRA that the Agreement be extended for the second two (2) year term. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The Agreement is hereby extended to provide for an additional term of two years from July 1, 2025 to June 30, 2027. 3. All other provisions of the Agreement shall remain in full force and effect. Signatures on Following Page Page 1 of 2 251 IN WITNESS WHEREOF, the County and SRA have executed this Second Extension this day of May, 2025. SENIOR RESOURCE ASSOCIATION, INC. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Attest: Ryan L Butler, Clerk of the Circuit Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM: Susan Prado Deputy County Attorney Page 2 of 2 Joseph Flescher, Chairman, Board of County Commissioners Date Approved: APPROVED John A. Titkanich, Jr. County Administrator 252