Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/21/2025
ER G� 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, OCTOBER 21, 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 2.11. INVOCATION Stan Boling, Gracespring Covenant Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation Honoring the 2025-2026 Indian River County Fire Rescue Lieutenant, Sergeant, Engineer, Firemedic, Inspector and Unit of the Year Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of August 19, 2025 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION October 21, 2025 Page 1 of 7 Page 1 of 1333 7.A. Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2021071201) - Project: Wisteria Walk PD - Developer: GRBK GHO WISTERIA WALK, LLC 7.B. Children's Services Advisory Committee Vacancy 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA 9.A. Approval of Checks and Electronic Payments September 20, 2025 to September 26, 2025 Attachments: Comptroller Division Staff Report 9.B. Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2026-2027 Attachments: Children's Services Request for Proposal Children's Services Grant Application Children's Services Grant Contract 9.C. Approval of Resolution Establishing the IRC HCV Program Five Year Plan, Certifications and Administrative Plan Attachments: IRCHSD Administrative Plan 2025 Resolution FY 2026 HCV 5 Yr Plan HCV Admin Policy 4.28.25 Fo rm-H U D -50075 -5Y -for -F L 132-I D-3464 Form -H U D -50077-C R -for -F L 132-I D-3594 Form -H U D -50077-S L -for -F L 132-I D-4480 9.D. Bathroom Renovations Indian River County Main Library and North County Library, IRC -2403 — Revision to Correct Account Designation and Totals Attachments: Originally Approved Staff Report Award Letter Approved Bid Schedule Change Order 1 9.E. Parks, Recreation & Conservation Department — Ocean Rescue Division Policy and Operation Standards Attachments: Ocean Rescue SOP 2025.docx October 21, 2025 Page 2 of 7 Page 2 of 1333 9.F. Maintenance Memorandum of Agreement and Locally Funded Agreement with the Florida Department of Transportation for the Painting of Mast Arms, FM No.: 4493322-1-52-01 Attachments: Maintenance Memorandum Of Agreement Locally Funded Agreement Approving Resolution 9.G. Florida Department of Environmental Protection Consent Order/Settlement Agreement 22-0150 for the Indian River County Department of Utility Services Wastewater Collections System Attachments: Consent Order 22-0150 9.H. Florida Power & Light Easements Sandridge Golf Club — New Clubhouse Attachments: FPL Overhead Easement FPL Underground Easement 9.I. Florida Gas Transmission Encroachment Agreement — Amendment 1 Indian River County Fire Station 7 (IRC -1911) Attachments: Station 7 Firehouse Encroachment Amendment 9.J. Designation of Excess Equipment as Surplus and Authorization for Disposal and Trade -In Attachments: Excess List for 102125 9.K. Report Back of Utility Accounts Receivable Bad Debt Write Offs During Fiscal Year 2025 Attachments: Delinquent Accounts 9.L. Change Order - Work Order No. 2018006-19 - APTIM, Sector 3 Hurricanes Ian and Nicole Dune Renourishment 2025 Environmental Monitoring Attachments: Change Order No. 1 - Work Order No. 2018006-18 Agreement 9.M. Economic Development Council Appointment — IRC Chamber Attachments: Application - Beam Andrea Resume - BeamAndrea 9.N. IT Policies/Acceptable Use Policy Revision Attachments: Acceptable Use Policy October 21, 2025 Page 3 of 7 Page 3 of 1333 9.0. Resolution Cancelling Taxes on Property Purchased for Public Purpose — Meritage Homes of Florida, Inc. Attachments: Resolution Cancelling Taxes Recorded ROW Dedication Deed Prorated Tax Payment Receipt 9.P. Award of RFQ 2024030 to Ric -Man Construction Florida, Inc. for Progressive Design -Build Services for Ixora Park Infrastructure Improvements, IRCDUS Project ID 41.23.548 Attachments: Ixora Park Design Build Agreement Ixora Park Pre -construction services 9.Q. Second Amendment and Amendment to First Extension to the HireQuestDirectAgreement for Annual Day Labor Services Attachments: HireQuest Second Amendment and Amendment to First Extension 9.R. Kimley-Horn and Associates, Inc. Work Order 22 for Facilities Electrical Improvements and Standby Power - IRCDUS Project ID 00.25.522 Attachments: KHA WO#22 9.S. Sebastian CRA Budget Resolution Attachments: FY26 CRA Budget - Approved 09.24.25 9.T. Revision to Administrative Policy Manual - AM -301.1 Payroll/Salary Administration Attachments: 301.1 Payroll and Salary Administration 2025 draft 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10.A. IRC Sheriffs Office FY25/26 Budget Amendment Attachments: 10.01.25 Budget Amendment 11. PUBLIC ITEMS A. PUBLIC HEARINGS 11.A.1. First Public Hearing - Proposed Developer's Agreement Between Pulte Home Company, LLC and Indian River County for Emerson Oaks Subdivision Attachments: Aerial Photo Emerson Oaks Developer Agreement B. PUBLIC NOTICE ITEMS 11.11.1. Notice of Scheduled Public Hearing for Budget Amendment 06 for the November 4, 2025 Board Meeting 12. COUNTY ADMINISTRATOR MATTERS October 21, 2025 Page 4 of 7 Page 4 of 1333 12.A. Proposed Commission Meeting Dates for CY 2026 Attachments: BoCC Meeting Dates Draft 2026 12.B. Ratification of Collective Bargaining Agreement between Indian River County Emergency Services District and Indian River County Firefighters/Paramedics Association, Local 2201, IAFF Effective October 1, 2025 through September 30, 2027 Attachments: Proposed IAFF Rank and File Agreement Proposed IAFF Pay Plan 12.C. 2026 Indian River County Legislative Priorities Attachments: Inmate Medical Summary (20251016) JT revised Inmate Medical MC HB4007 Analysis 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources 13.F.1. Award of Bid 2025060 - Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project Attachments: Sample Agreement Sector 5 Project APTIM Bid Recommendation Letter 13.F.2. Work Order No. 2018029-14 - APTIM Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project Construction Administration Attachments: Work Order No 2018029-14 Agreement with Proposal G. Office of Management and Budget H. Parks, Recreation, and Conservation 13.11.1. Environmental Lands Acquisition Status Update Regarding a Purchase Contract — Jungle Trail Island Club Manor Attachments: Attachment1-Jungle —Trail _ Island_ Manor Assessment.pdf Attachment2-Jungle_Trail_Island_Manor Appraisals.pdf Attachment 3 -Jungle Trail _Seller Executed PSA Addend um(5932026.1).pdf October 21, 2025 Page 5 of 7 Page 5 of 1333 13.11.2. Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Winter Beach 73rd Attachments: Attachment 1-Winter Beach_73rd Assessment.pdf Attachment 2-Winter Beach_73rd Appraisals.pdf Attachment 3-Winter Beach 73rd - Draft.pdf I. Planning and Development Services J. Public Works K. Sandridge Golf Club L. Utilities Services 14. COUNTY ATTORNEY MATTERS 14.A. Sale of Property at 8811 Highway AlA to Sea Oaks Property Owners Association, Inc. Attachments: Vacant Land Contract Addendum 1 to Vacant Land Contract 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 C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT October 21, 2025 Page 6 of 7 Page 6 of 1333 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 S: 00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. October 21, 2025 Page 7 of 7 Page 7 of 1333 sa Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 # indianriver.gov ioA MEMORANDUM File ID: 25-1014 Type: Presentation / Proclamation Meeting Date: 10/21/2025 TO: The Honorable Board of County Commissioners THROUGH: Commission Office FROM: Kimberly K. Moirano, Lead Commissioner Assistant DATE: October 10, 2025 SUBJECT: Presentation Honoring the 2025-2026 Indian River County Fire Rescue Lieutenant, Sergeant, Engineer, Firemedic, Inspector and Unit of the Year STAFF RECOMMENDATION Recommend Read & Present. Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 powered by legistarTM PROCIAMA�rlojv HONORING THE 2025-2026 INDIAN RIVER COUNTY FIRE RESCUE LIEUTENANT, SERGEANT, ENGINEER, FIRE MEDIC, INSPECTOR AND UNIT OF THE YEAR -Whereas, on December 17, 1923, local volunteers established the first fire department in Indian River County; and -Whereas, over the course of the past century, personnel; from a department crewed solely by trained firefighting and emergency medical response as well response scenarios on both land and sea; and the department transitioned from volunteer to career Firefighters to today's crews who are dual certified in is being trained in a multitude of specialized disaster Whereas, in 2021, the leadership of Indian River County Fire Rescue reinstituted the long-standing tradition of annually recognizing those among their ranks who perform their duties in a manner that: exemplifies a competency reflecting the highest of standards; supports fellow Fire medics in achieving their goals; supports the department's policies and regularly demonstrates the ability to lead or follow based upon the existing circumstances; and 2026: -Whereas, Indian River County Fire Rescue is proud to announce the award recipients for 2025 - Fire Medic of the Year: Luis Bustamante • Rescue Sergeant of the Year: Allison Baird ■ Engineer of the Year: Nicole Morris • Lieutenant of the Year: Jason Judson ■ Unit: Fire Rescue — Christopher Matherly, Justin Gonzalez and Julian Catalano ■ Inspector: Alex Norat Wow, 7 erefore, be it Proclaimedby the Boardof County Commissioners oflndian River County, ,Florida that the Board supports the efforts of our Fire Rescue Department to publicly commend those members whose dedication, loyalty, productivity and professionalism have been recognized by their co-workers. Belt_urtfier-',P)-oclaimedhat the Board of County Commissioners is grateful to all our Indian River County first responders and the valuable services they provide to the residents of our community. Adopted this 21St day of October 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Deryl Loar, Vice -Chairman Susan Adams Joseph H. Earman Laura Moss Indian River County, Florida MEMORANDUM File ID: 25-1021 Type: Minutes TO: The Honorable Board of County Commissioners THROUGH: Clerk to the Board FROM: Randi Wardlow, Recording Secretary DATE: October 21, 2025 SUBJECT: Regular Meeting Minutes of August 19, 2025 STAFF RECOMMENDATION Approve Indian River County, Florida Page 1 of 1 bA! Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 Printed on 10/16/2025 powered _y LegistarT - A Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * ` � indianriver.gov MEMORANDUM File ID: 25-0994 Type: Informational Report Meeting Date: 10/21/2025 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: October 6, 2025 SUBJECT: Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2021071201) - Project: Wisteria Walk PD - Developer: GRBK GHO WISTERIA WALK, LLC BACKGROUND By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the County Administrator or his designee, the authority to execute extensions to Contracts for Construction of Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River County, so long as the approval signature of the Public Works Director appeared on the extension document and that notice of such extension is presented as an informational item on a future agenda of the Board of County Commissioners. For your information, an extension document has been entered into between GRBK GHO WISTERIA WALK, LLC, a Florida limited liability company, and Indian River County, whereby the date for completion of the roadway improvements to 15th St., 17th St., and 17th Ln. within County right-of-way relating to the Wisteria Walk PD project, has been extended to September 19, 2026. Additionally, the supporting security consisting of Bond No. LICX1979758 in the amount of $775,324.77 issued by Lexon Insurance Company has been amended to extend the expiration date to September 19, 2026. STAFF RECOMMENDATION Informational only, no Board action required Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 powered 4 LegistarTm Indian River County, Florida *xioA MEMORANDUM File ID: 25-1011 Type: Informational Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Jennifer W. Shuler, County Attorney FROM: Christina Moore, ACP, C.Psy.D., Legal Assistant DATE: October 9, 2025 SUBJECT: Children's Services Advisory Committee Vacancy Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 BACKGROUND On September 25, 2025, Hope Woodhouse submitted her resignation as the District 5 Appointee to the Children's Services Advisory Committee. Hope Woodhouse's term expires in January 2029. Anyone interested in serving on the Children's Services Advisory Committee, and meeting the requirements for the District 5 Appointee, will need to submit an application and resume to the Board of County Commissioners. Application forms can be accessed online at<https://ircgov.pranicus.com/boards/forms/231/apply. Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 powered �y legistarTm Indian River County, Florida * MEMORANDUM �OR104' File ID: 25-0979 Type: Consent Staff Report TO: Honorable Board of County Commissioners THROUGH: Ryan L. Butler, Comptroller FROM: Elissa Nagy, Chief Deputy Comptroller YA� Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 DATE: September 26, 2025 SUBJECT: Approval of Checks and Electronic Payments September 20, 2025 to September 26, 2025 STAFF RECOMMENDATION Approve the list of checks and electronic payments for the time period of September 20, 2025 to September 26, 2025 Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 powered by LegistarTM Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: September 26, 2025 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 20, 2025 to September 26, 2025 In compliance with Chapter 136.06, Florida Statutes, all money drawn from depositories used by the Board of County Commissioners shall be recorded in the minutes. Approval is requested for the attached list of checks and electronic payments for the time period of September 20, 2025 to September 26, 2025. 7 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 13850 09/24/2025 WIRE CLERK OF CIRCUIT COURT 1,905.00 13851 09/24/2025 WIRE INDIAN RIVER COUNTY SHERIFF 3,144.59 13852 09/24/2025 WIRE POSTMASTER 4,503.00 13853 09/24/2025 WIRE BLUE CROSS & BLUE SHIELD 516,873.99 13854 09/24/2025 WIRE TIMOTHY ROSE CONTRACTING INC 146,670.50 13855 09/24/2025 WIRE TIMOTHY ROSE CONTRACTING INC 36,474.14 13856 09/24/2025 WIRE TIMOTHY ROSE CONTRACTING INC 184,029.44 13857 09/24/2025 WIRE VEROTOWN LLC 20,000.00 13858 09/24/2025 WIRE W&J CONSTRUCTION CORP 639,691.87 13859 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 414.67 13860 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 800.00 13861 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 174.30 13862 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 136.08 13863 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 242.67 13864 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 277.51 13865 09/24/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 965.47 13866 09/25/2025 WIRE CLERK OF CIRCUIT COURT 108.00 13867 09/25/2025 WIRE BLUE CROSS & BLUE SHIELD 306,709.90 13868 09/25/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 157.55 13869 09/25/2025 WIRE TD BANK 2,936.22 13870 09/25/2025 WIRE PAYMENTUS CORPORATION 16,487.02 13871 09/25/2025 WIRE CARDCONNECT LLC 607.85 13872 09/25/2025 WIRE NBCUNIVERSAL LLC 6,598.62 13873 09/26/2025 WIRE IRC FIRE FIGHTERS ASSOC 12,888.88 13874 09/26/2025 WIRE FLSDU 3,694.58 13875 09/26/2025 WIRE HUMANE SOCIETY OF VERO BEACH & IRC 152,151.00 13876 09/26/2025 WIRE MUTUAL OF OMAHA 39,669.51 13877 09/26/2025 WIRE HEALTH ADVOCATE SOLUTIONS INC 1,844.18 13878 09/26/2025 WIRE P&A ADMINISTRATIVE SERVICES INC 174.74 468236 09/26/2025 PRINTED CLEMENTS PEST CONTROL 3,150.00 468237 09/26/2025 PRINTED PORT CONSOLIDATED 989.13 468238 09/26/2025 PRINTED COMMUNICATIONS INTERNATIONAL 18,758.96 468239 09/26/2025 PRINTED SOUTHERN SEWER EQUIPMENT SALES 27,917.08 468240 09/26/2025 PRINTED VERO CHEMICAL DISTRIBUTORS INC 1,540.30 468241 09/26/2025 PRINTED RICOH USA INC 108.64 468242 09/26/2025 PRINTED SCOTTS SPORTING GOODS 293.27 468243 09/26/2025 PRINTED SAFETY PRODUCTS INC 7,630.45 468244 09/26/2025 PRINTED DATA FLOW SYSTEMS INC 903.00 468245 09/26/2025 PRINTED PARALEE COMPANY INC 700.00 468246 09/26/2025 PRINTED INDIAN RIVER BATTERY 408.40 468247 09/26/2025 PRINTED GRAINGER INC 2,480.31 468248 09/26/2025 PRINTED MCMASTER CARR SUPPLY CO 212.41 468249 09/26/2025 PRINTED HACH CO 1,112.45 468250 09/26/2025 PRINTED CLIFF BERRY INC 1,298.70 468251 09/26/2025 PRINTED PARKSON CORPORATION 9,981.70 468252 09/26/2025 PRINTED MEEKS PLUMBING INC 2,120.72 468253 09/26/2025 PRINTED BOUND TREE MEDICAL LLC 42,598.38 468254 09/26/2025 PRINTED BRISTER SIGNS INC 1,209.60 468255 09/26/2025 PRINTED ELPEX 1,649.90 468256 09/26/2025 PRINTED CITY ELECTRIC SUPPLY 430.23 468257 09/26/2025 PRINTED AMERICAN WATER CHEMICALS INC 18,492.60 468258 09/26/2025 PRINTED ABCO GARAGE DOOR CO 2,080.00 468259 09/26/2025 PRINTED HINTON'S CARPET CLEANING 9,902.46 468260 09/26/2025 PRINTED BARNEYS PUMP INC 46,582.20 468261 09/26/2025 PRINTED MIDWEST TAPE LLC 958.92 N .L CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 468262 09/26/2025 PRINTED ODYSSEY MANUFACTURING CO 32,808.00 468263 09/26/2025 PRINTED K & M ELECTRIC SUPPLY 49.85 468264 09/26/2025 PRINTED COMPLETE RESTAURANT EQUIPMENT LLC 3,432.00 468265 09/26/2025 PRINTED BAKER DISTRIBUTING CO 16,204.86 468266 09/26/2025 PRINTED GALE/CENGAGE LEARNING 182.98 468267 09/26/2025 PRINTED SOUTHERN EMBROIDERY 149.45 468268 09/26/2025 PRINTED CITY OF VERO BEACH 1,011.85 468269 09/26/2025 PRINTED ALAN JAY AUTOMOTIVE MANAGEMENT 51,377.00 468270 09/26/2025 PRINTED HOME DEPOT CREDIT SERVICES 7,332.59 468271 09/26/2025 PRINTED FEDERAL EXPRESS 43.54 468272 09/26/2025 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 291.10 468273 09/26/2025 PRINTED FLORIDA POWER AND LIGHT 59,560.22 468274 09/26/2025 PRINTED NEW HORIZONS 33,786.42 468275 09/26/2025 PRINTED COMPLETE ELECTRIC INC 3,675.00 468276 09/26/2025 PRINTED TREASURE COAST SPORTS COMMISSION 7,340.16 468277 09/26/2025 PRINTED TRANE U S INC 2,403.66 468278 09/26/2025 PRINTED HULETT ENVIRONMENTAL SERVICES 97.00 468279 09/26/2025 PRINTED CELICO PARTNERSHIP 144.28 468280 09/26/2025 PRINTED CINTAS CORPORATION #283 221.40 468281 09/26/2025 PRINTED FLORIDA DEPT OF JUVENILE JUSTICE 37,484.46 468282 09/26/2025 PRINTED SOUTHERN LOCK AND SUPPLY 4,518.90 468283 09/26/2025 PRINTED SHERWIN WILLIAMS CO 220.52 468284 09/26/2025 PRINTED PARGAS 390.00 468285 09/26/2025 PRINTED ETR LLC 112.82 468286 09/26/2025 PRINTED SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 12,804.82 468287 09/26/2025 PRINTED SHOEBOX STORIES 990.00 468288 09/26/2025 PRINTED ORCHID ISLAND PROPERTY MGMT II INC 5,393.70 468289 09/26/2025 PRINTED CONSOLIDATED ELECTRIAL DIST INC 70.20 468290 09/26/2025 PRINTED POWER -TEL UTILITY PRODUCTS INC 1,062.50 468291 09/26/2025 PRINTED GLOBALSTAR USA 228.77 468292 09/26/2025 PRINTED SIMS CRANE & EQUIPMENT CO 1,939.28 468293 09/26/2025 PRINTED PETER J CASSARA 6,250.00 468294 09/26/2025 PRINTED DANA SAFETY SUPPLY INC 186.70 468295 09/26/2025 PRINTED HLP INC. 74.55 468296 09/26/2025 PRINTED BETHEL FARMS LLLP 1,475.00 468297 09/26/2025 PRINTED BRENNTAG MID -SOUTH INC 10,449.53 468298 09/26/2025 PRINTED DE LA HOZ BUILDERS INC 76,313.00 468299 09/26/2025 PRINTED FLORIDA ARMATURE WORKS INC 3,787.49 468300 09/26/2025 PRINTED OVERDRIVE INC 6,592.93 468301 09/26/2025 PRINTED CIT GROUP/COMMERCIAL SERVICES INC 1,491.42 468302 09/26/2025 PRINTED XYLEM WATER SOLUTION USA INC 39,926.91 468303 09/26/2025 PRINTED AUTOMATIONDIRECT.COM INC 1,068.75 468304 09/26/2025 PRINTED ORLANDO FREIGHTLINER INC 1,959.76 468305 09/26/2025 PRINTED NEWSOM OIL COMPANY 972.50 468306 09/26/2025 PRINTED WILD TURKEY ESTATES OF VERO LLC 800.70 468307 09/26/2025 PRINTED CARDINAL HEALTH 110, LLC 2,983.60 468308 09/26/2025 PRINTED BURNETT LIME CO INC 4,599.54 468309 09/26/2025 PRINTED STS MAINTAIN SERVICES INC 15,925.00 468310 09/26/2025 PRINTED MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,755.60 468311 09/26/2025 PRINTED HAWKINS INC 700.00 468312 09/26/2025 PRINTED H&H SHADOWBROOK LLC 690.00 468313 09/26/2025 PRINTED SITEONE LANDSCAPE SUPPLY LLC 1,287.28 468314 09/26/2025 PRINTED TRIPLE L IRRIGATION INC 1,219.00 468315 09/26/2025 PRINTED EASTERN PIPELINE CONSTRUCTION INC 12,975.00 468316 09/26/2025 PRINTED AC VETERINARY SPECIALTY SERVICES 90.00 9 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 468317 09/26/2025 PRINTED MATHESON TRI -GAS INC 9,576.54 468318 09/26/2025 PRINTED CANARX GROUP INC 3,420.20 468319 09/26/2025 PRINTED COLE AUTO SUPPLY INC 2,115.70 468320 09/26/2025 PRINTED RHOADES AIR & HEAT 310.00 468321 09/26/2025 PRINTED KONICA MINOLTA BUSINESS SOLUTIONS 302.16 468322 09/26/2025 PRINTED BETH NOLAN 70.00 468323 09/26/2025 PRINTED ENVIRONMENTAL OPERATING SOLUTION INC 17,656.32 468324 09/26/2025 PRINTED CORE & MAIN LP 7,806.94 468325 09/26/2025 PRINTED BROWNELLS INC 2,054.95 468326 09/26/2025 PRINTED WOERNER AGRIBUSINESS LLC 300.00 468327 09/26/2025 PRINTED BOTTOMS UP BEVERAGE OF FLORIDA LLC 770.00 468328 09/26/2025 PRINTED REXEL USA INC 16,880.13 468329 09/26/2025 PRINTED GROUP ONE SAFETY & SECURITY 43.00 468330 09/26/2025 PRINTED AMAZON CAPITAL SERVICES INC 15,674.31 468331 09/26/2025 PRINTED PACE ANYALYTICAL LLC 189.00 468332 09/26/2025 PRINTED AMERIGAS PROPANE LP 4,229.60 468333 09/26/2025 PRINTED ITW FOOD EQUIPMENT GROUP LLC 479.00 468334 09/26/2025 PRINTED JORDAN MOWERS 1,203.41 468335 09/26/2025 PRINTED ALL SUNCOAST ELECTRIC INC 4,160.40 468336 09/26/2025 PRINTED CK CONTRACTORS & DEVELOPMENT LLC 131,164.06 468337 09/26/2025 PRINTED LIBERTY TIRE RECYCLING LLC 4,243.80 468338 09/26/2025 PRINTED MULLINAX FORD OF VERO BEACH 1,127.25 468339 09/26/2025 PRINTED JUDITH A BURLEY 329.00 468340 09/26/2025 PRINTED STAPLES INC 142.95 468341 09/26/2025 PRINTED LOWES COMPANIES INC 10,601.31 468342 09/26/2025 PRINTED SMI TRADING LLC 2,523.12 468343 09/26/2025 PRINTED TAGMARSHAL INTERNATIONAL LIMITED 24.06 468344 09/26/2025 PRINTED MILLENNIUM CREMATORY LLC 750.00 468345 09/26/2025 PRINTED DEX IMAGING LLC 93.43 468346 09/26/2025 PRINTED SPORTS ENGINE INC 74.00 468347 09/26/2025 PRINTED WASTE MANAGEMENT INC OF FLORIDA 151.62 468348 09/26/2025 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 669.00 468349 09/26/2025 PRINTED AQUATIC WEED CONTROL INC 195.00 468350 09/26/2025 PRINTED FUN EXPRESS LLC 120.55 468351 09/26/2025 PRINTED HIREQUEST LLC 2,178.00 468352 09/26/2025 PRINTED PETERBILT STORE SOUTH FLORIDA LLC 408.72 468353 09/26/2025 PRINTED CER SIGNATURE CLEANING LLC 285.71 468354 09/26/2025 PRINTED AMERICAN BACKFLOW PRODUCTS COMPANY 109.99 468355 09/26/2025 PRINTED VETERAN FIRE SERVICES INC 3,097.13 468356 09/26/2025 PRINTED PIVOTAL UTILITY HOLDINGS INC 22,288.71 468357 09/26/2025 PRINTED SHRIEVE CHEMICAL CO LLC 5,228.86 468358 09/26/2025 PRINTED BAKER & TAYLOR 3,226.60 468359 09/26/2025 PRINTED TARKETT USA INC 33,111.96 468360 09/26/2025 PRINTED ELIFEGUARD INC 264.93 468361 09/26/2025 PRINTED RUBEN ZAMARRIPA 200.00 468362 09/26/2025 PRINTED TREASURE COAST SWIMMING 1,000.00 468363 09/26/2025 PRINTED XEROX CORPORATION 117.78 468364 09/26/2025 PRINTED XEROX CORPORATION 3,996.55 468365 09/26/2025 PRINTED PIX413 INC 357.00 468366 09/26/2025 PRINTED SOUTHERN TEES INC 593.48 468367 09/26/2025 PRINTED WINSUPPLY COMMERCIAL CHARGE 246.84 468368 09/26/2025 PRINTED VARIVERGE LLC 4,373.84 468369 09/26/2025 PRINTED US ECOLOGY TAMPA INC 12,511.72 468370 09/26/2025 PRINTED AIRVAC INC 488.23 468371 09/26/2025 PRINTED FLEETPRIDE INC 380.82 10 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 468372 09/26/2025 PRINTED VETERINARY MEDICAL CENTER OF IRC INC 929.64 468373 09/26/2025 PRINTED LF STAFFING SERVICES INC 4,924.55 468374 09/26/2025 PRINTED HANDICAPPED DRIVER SER IVCES-FLORI DA LLC 3,075.00 468375 09/26/2025 PRINTED SUMMIT FIRE & SECURITY LLC 516.00 468376 09/26/2025 PRINTED AVANTI INTERNATIONAL 1,519.00 468377 09/26/2025 PRINTED TECHNICAL MAINTENANCE INC 525.00 468378 09/26/2025 PRINTED COASTAL CONNECTIONS INC 942.00 468379 09/26/2025 PRINTED MARY LTOMARO 75.00 468380 09/26/2025 PRINTED HASTY AWARDS 820.10 468381 09/26/2025 PRINTED VECELLIO GROUP INC 542.70 468382 09/26/2025 PRINTED PALMDALE INTERMEDIATE LLC 83.83 468383 09/26/2025 PRINTED CUTTING EDGE SIGNS LLC 957.00 468384 09/26/2025 PRINTED AZAREL HOLDINGS INC 6.95 468385 09/26/2025 PRINTED PALMDALE INTERMEDIATE LLC 40.00 468386 09/26/2025 PRINTED GANNETT MEDIA CORP 1,017.40 468387 09/26/2025 PRINTED INGRAM LIBRARY SERVICES LLC 618.22 468388 09/26/2025 PRINTED GASPAR BODY & PAINT 26,495.39 468389 09/26/2025 PRINTED BRADY COMPANIES LLC 6,525.17 468390 09/26/2025 PRINTED JEANETTE GALLAGHER 196.00 468391 09/26/2025 PRINTED MIRIT WIENER 49.00 468392 09/26/2025 PRINTED DANIELLE MARTINEZ 33.00 468393 09/26/2025 PRINTED SHERRY LYNN ROSS 156.80 468394 09/26/2025 PRINTED GAS SOUTH LLC 39,582.75 468395 09/26/2025 PRINTED TOMCO2 SYSTEMS COMPANY 9,280.44 468396 09/26/2025 PRINTED LIONELJ DUNBAR 57,963.06 468397 09/26/2025 PRINTED G3 CONTRACTING INC 4,960.00 468398 09/26/2025 PRINTED KAREN SACCHETTI 28.00 468399 09/26/2025 PRINTED NATIONAL PRODUCT SOLUTIONS LLC 408.02 468400 09/26/2025 PRINTED BENCHMARK HUNTINGTON AT SUNDANCE ASSOCIATES 1,000.00 468401 09/26/2025 PRINTED MES I ACQUISITION INC 1,033.00 468402 09/26/2025 PRINTED EMILLY WEISE 322.00 468403 09/26/2025 PRINTED RAIN DROP PRODUCTS LLC 1,148.00 468404 09/26/2025 PRINTED KEVIN PLATTS 1,075.00 468405 09/26/2025 PRINTED KYOCERA DOCUMENT SOLUTIONS AMERICA INC 5.09 468406 09/26/2025 PRINTED CYNTHIA FRANK 91.00 468407 09/26/2025 PRINTED VERO BEACH ACQUISITION IV LLC 640.00 468408 09/26/2025 PRINTED ARTES SOLUTIONS LLC 789.93 468409 09/26/2025 PRINTED MINUTEMAN SECURITY TECHNOLOGIES INC 37,271.00 468410 09/26/2025 PRINTED PRORIDER INC 2,331.00 468411 09/26/2025 PRINTED SCOTT TSMITH 150.00 468412 09/26/2025 PRINTED COMMUNICATIONS INTERNATIONAL INC 33,490.37 468413 09/26/2025 PRINTED REPUBLIC SERVICES INC 334,704.22 468414 09/26/2025 PRINTED EDLUND DRITENBAS BINKLEY ARCHITECTS 25,844.24 468415 09/26/2025 PRINTED INTERNATIONAL GOLF MAINTENANCE INC 125,786.34 468416 09/26/2025 PRINTED HDR ENGINEERING INC 111,014.10 468417 09/26/2025 PRINTED SUNSHINE LAND DESIGN INC 41,726.71 468418 09/26/2025 PRINTED ARCADIS U S INC 29,075.05 468419 09/26/2025 PRINTED MASTELLER & MOLER INC 990.00 468420 09/26/2025 PRINTED SOUTHERN MANAGEMENT LLC 123.50 468421 09/26/2025 PRINTED KESSLER CONSULTING INC 2,082.50 468422 09/26/2025 PRINTED PROCTOR CONSTRUCTION COMPANY LLC 237,538.33 468423 09/26/2025 PRINTED STANTEC CONSULTING SERVICES INC 18,370.00 468424 09/26/2025 PRINTED TETRA TECH INC 10,776.28 468425 09/26/2025 PRINTED STEEPSTEELLLC 3,177.00 468426 09/26/2025 PRINTED GRAY MATTER SYSTEMS LLC 8,694.21 11 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 468427 09/26/2025 PRINTED BULK EXPRESS TRANSPORT INC 14,919.12 468428 09/26/2025 PRINTED WATER AND AIR RESEARCH INC 6,786.46 468429 09/26/2025 PRINTED AMERICAN FACILITY SERVICES INC 15,889.42 468430 09/26/2025 PRINTED ECOLOGICAL ASSOCIATES INC 16,777.01 468431 09/26/2025 PRINTED HEAVY CIVIL INC 20,835.87 468432 09/26/2025 PRINTED UNIVERSITY OF FLORIDA 625.00 468433 09/26/2025 PRINTED DUKE HAWKINS 306.96 468434 09/26/2025 PRINTED SUSAN PRADO 147.32 468435 09/26/2025 PRINTED MARK VIETZE 207.64 468436 09/26/2025 PRINTED RACHELLE BENKEN 181.12 468437 09/26/2025 PRINTED JON RIVERA 700.00 468438 09/26/2025 PRINTED BHAVYA SREE BELLALA 38.00 468439 09/26/2025 PRINTED LEAH FINSIE 38.00 468440 09/26/2025 PRINTED UNITED WAY OF INDIAN RIVER COUNTY 1,684.00 468441 09/26/2025 PRINTED FLORIDA POWER AND LIGHT 30.55 468442 09/26/2025 PRINTED STATE ATTORNEY 19TH JUDICIAL CIRCUIT 34,354.23 468443 09/26/2025 PRINTED NORTH CAROLINA CHILD SUPPORT 978.45 468444 09/26/2025 PRINTED COMMONWEALTH OF MASSACHUSETTS 562.00 468445 09/26/2025 PRINTED P&A ADMINISTRATIVE SERVICES INC 2,400.00 468446 09/26/2025 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 61.38 468447 09/26/2025 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 129.23 468448 09/26/2025 PRINTED DIVISION OF CHILD SUPPORT ENFORCEMENT 193.35 468449 09/26/2025 PRINTED AARP HEALTHCARE MCR SUPP 133.42 468450 09/26/2025 PRINTED BRYAN PEARSON 100.00 468451 09/26/2025 PRINTED COLONIAL PENN LIFE INSURANCE CO. 139.21 468452 09/26/2025 PRINTED DANIEL ROBOTHAM 25.11 468453 09/26/2025 PRINTED FREDA HENDRICKSON 107.51 468454 09/26/2025 PRINTED HELENE SHAUGHNESSY 363.81 468455 09/26/2025 PRINTED JOYCE BURG 250.00 468456 09/26/2025 PRINTED ROBERT C. SAUER 112.74 468457 09/26/2025 PRINTED UNITED AMERICAN 0.01 468458 09/26/2025 PRINTED AMANDA GERHOLD 500.00 468459 09/26/2025 PRINTED JESSICA PEREZ 217.78 468460 09/26/2025 PRINTED KARRIE PASTOR 500.00 468461 09/26/2025 PRINTED TAKE FLIGHT COUNSELING& CONSULTING 300.00 468462 09/26/2025 PRINTED AAV INVESTMENTS LLC. 1,350.00 468463 09/26/2025 PRINTED KEVIN BUTLER 193.99 468464 09/26/2025 PRINTED TRAVIS NORRIS SR 73.00 468465 09/26/2025 PRINTED ADAM DELLA-PERUTA 33.45 468466 09/26/2025 PRINTED ALBERT D GROVER 26.37 468467 09/26/2025 PRINTED ANNETTE E LEONARD 80.60 468468 09/26/2025 PRINTED BRIAN CLEMENTE 80.27 468469 09/26/2025 PRINTED CHRISTOPHER DE VILLIERS 35.49 468470 09/26/2025 PRINTED CYNTHIA A CLARK 71.16 468471 09/26/2025 PRINTED D R HORTON INC 190.56 468472 09/26/2025 PRINTED DAVID KAHN 53.36 468473 09/26/2025 PRINTED DHAVAL MAHENDRAKUMAR PATEL 22.43 468474 09/26/2025 PRINTED DI VOSTA HOMES L P 85.41 468475 09/26/2025 PRINTED FLORIDA 735 LLC 39.29 468476 09/26/2025 PRINTED GRBK GHO HOMES LLC 37.21 468477 09/26/2025 PRINTED INVESTMENT OPPORTUNITY OF FLORIDA LLC 71.94 468478 09/26/2025 PRINTED ITG REALTY LLC 34.18 468479 09/26/2025 PRINTED JEFFREY ROHRER 22.28 468480 09/26/2025 PRINTED LUKE CYGAN 25.25 468481 09/26/2025 PRINTED MARIAN BROOMALL 29.00 12 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 468482 09/26/2025 PRINTED MARK MOORE 23.03 468483 09/26/2025 PRINTED MARTIN KUNTZ 20.17 468484 09/26/2025 PRINTED MATTHEW SMITH 45.18 468485 09/26/2025 PRINTED MAURICIO CASTRO 17.80 468486 09/26/2025 PRINTED MERITAGE HOMES OF FLORIDA INC 25.80 468487 09/26/2025 PRINTED MICHAEL MARELLA 47.24 468488 09/26/2025 PRINTED MORGAN POWELL 44.88 468489 09/26/2025 PRINTED NRH HOMES LLC 152.54 468490 09/26/2025 PRINTED PJD HOLDINGS LLC 44.44 468491 09/26/2025 PRINTED PJD HOLDINGS LLC 61.09 468492 09/26/2025 PRINTED TERESA PIPER 81.74 468493 09/26/2025 PRINTED TOMMY SMITH 73.53 468494 09/26/2025 PRINTED TYLER BARNHART 51.97 904504 09/26/2025 PRINTED ST FRANCIS MANOR OF VERO BEACH 529.00 904505 09/26/2025 PRINTED SREIT PEMBERLY PALMS LLC 551.00 904506 09/26/2025 PRINTED GARRETT PUZZO 1,029.00 904507 09/26/2025 PRINTED NONPROFIT HOUSING PRESERVATION LLC 474.00 904508 09/26/2025 PRINTED CKM REAL ESTATE MANAGEMENT LLC 669.00 904509 09/26/2025 PRINTED VERO BEACH ACQUISITION IV LLC 18.00 904510 09/26/2025 PRINTED CARMEN NITSCHE 760.00 904511 09/26/2025 PRINTED STACEY BUSH 135.20 1022837 09/22/2025 ACI AT&T 4,484.49 1022838 09/22/2025 ACI FLORIDA DEPARTMENT OF TRANSPORTATION 16.20 1022839 09/22/2025 ACI OFFICE DEPOT 3,128.36 1022840 09/22/2025 ACI COMCAST 353.58 1022841 09/22/2025 ACI CENTRAL FLORIDA EXPRESSWAY AUTHORITY 7.88 1022842 09/26/2025 ACI PARKS RENTAL & SALES INC 606.74 1022843 09/26/2025 ACI IRRIGATION CONSULTANTS UNLIMITED INC 536.48 1022844 09/26/2025 ACI GROVE WELDERS INC 1,495.88 1022845 09/26/2025 ACI UNIFIRST CORPORATION 1,232.09 1022846 09/26/2025 ACI EVERGLADES EQUIPMENT GROUP 324.54 1022847 09/26/2025 ACI CARLON INC 378.90 1022848 09/26/2025 ACI OFFICE DEPOT 1,641.94 439918 09/26/2025 DIRECT DEPOSIT FORREST, FARCIOT 1,706.01 439919 09/26/2025 DIRECT DEPOSIT GLITZ, WILLIAM 1,061.55 439920 09/26/2025 DIRECT DEPOSIT RIVERA, JONATHAN 1,647.66 439921 09/26/2025 DIRECT DEPOSIT SCHREIBER, KEVIN 1,295.21 439922 09/26/2025 DIRECT DEPOSIT TRITT, JUSTIN 1,387.01 439923 09/26/2025 DIRECT DEPOSIT ADAMS, SUSAN 2,331.78 439924 09/26/2025 DIRECT DEPOSIT BREWER, TRESSA 1,596.74 439925 09/26/2025 DIRECT DEPOSIT BROWN, ASHLEY 1,662.02 439926 09/26/2025 DIRECT DEPOSIT EARMAN, JOSEPH 2,828.11 439927 09/26/2025 DIRECT DEPOSIT FLESCHER, JOSEPH 2,617.80 439928 09/26/2025 DIRECT DEPOSIT LIST, KATHY 667.46 439929 09/26/2025 DIRECT DEPOSIT LOAR, DERYL 2,509.08 439930 09/26/2025 DIRECT DEPOSIT MOIRANO, KIMBERLY 1,495.66 439931 09/26/2025 DIRECT DEPOSIT PLESNARSKI, LISA 1,593.57 439932 09/26/2025 DIRECT DEPOSIT DEBRAAL, EMILY 1,280.71 439932 09/26/2025 DIRECT DEPOSIT DEBRAAL, EMILY 426.90 439933 09/26/2025 DIRECT DEPOSIT GLANVILLE,TERESA 1,660.06 439933 09/26/2025 DIRECT DEPOSIT GLANVILLE,TERESA 268.00 439934 09/26/2025 DIRECT DEPOSIT HICKS, CHRISTOPHER 4,082.83 439935 09/26/2025 DIRECT DEPOSIT KOPP, CARLEE 1,557.83 439936 09/26/2025 DIRECT DEPOSIT MOORE, CHRISTINA 2,505.35 439937 09/26/2025 DIRECT DEPOSIT PRADO, SUSAN 4,576.10 13 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 439937 09/26/2025 DIRECT DEPOSIT PRADO, SUSAN 250.00 439938 09/26/2025 DIRECT DEPOSIT SHULER, JENNIFER 5,960.35 439939 09/26/2025 DIRECT DEPOSIT WESTERIK, NADIA 2,054.23 439939 09/26/2025 DIRECT DEPOSIT WESTERIK, NADIA 500.00 439940 09/26/2025 DIRECT DEPOSIT BELLALA, BHAVYA SREE 2,245.10 439941 09/26/2025 DIRECT DEPOSIT BENKEN, RACHELLE 100.00 439941 09/26/2025 DIRECT DEPOSIT BENKEN, RACHELLE 1,846.87 439941 09/26/2025 DIRECT DEPOSIT BENKEN, RACHELLE 800.00 439942 09/26/2025 DIRECT DEPOSIT FINSIE, LEAH 2,245.09 439943 09/26/2025 DIRECT DEPOSIT RAMIREZ, REBECCA 1,604.71 439944 09/26/2025 DIRECT DEPOSIT ROSE, CARSON 1,666.41 439945 09/26/2025 DIRECT DEPOSIT TRAMEL, PATRICK 2,341.70 439946 09/26/2025 DIRECT DEPOSIT BOONE, BLAKE 690.10 439947 09/26/2025 DIRECT DEPOSIT COLETTI, MARLEIGH 263.89 439947 09/26/2025 DIRECT DEPOSIT COLETTI, MARLEIGH 395.83 439948 09/26/2025 DIRECT DEPOSIT FLECK, KELANI 884.40 439949 09/26/2025 DIRECT DEPOSIT GERNER, JOSHUA 450.74 439950 09/26/2025 DIRECT DEPOSIT HAUPT, ROSA 470.75 439950 09/26/2025 DIRECT DEPOSIT HAUPT, ROSA 500.00 439951 09/26/2025 DIRECT DEPOSIT HEINZE, DONALD 1,092.89 439952 09/26/2025 DIRECT DEPOSIT HENDRICKSEN, TYLER 690.10 439953 09/26/2025 DIRECT DEPOSIT LANCASTER, CORBIN 719.55 439954 09/26/2025 DIRECT DEPOSIT LEES, DANIKA 389.08 439955 09/26/2025 DIRECT DEPOSIT MANGUS, ISABELLA 955.26 439956 09/26/2025 DIRECT DEPOSIT PARK, Al DAN 684.93 439957 09/26/2025 DIRECT DEPOSIT REES, ELISABETH 436.25 439958 09/26/2025 DIRECT DEPOSIT ROHRER, RYLEE 262.84 439958 09/26/2025 DIRECT DEPOSIT ROHRER, RYLEE 394.27 439959 09/26/2025 DIRECT DEPOSIT SERVAITES, THOMAS 374.53 439960 09/26/2025 DIRECT DEPOSIT SHARKEY, ROBERT 820.26 439961 09/26/2025 DIRECT DEPOSIT SILVIO, SARAH 439.99 439962 09/26/2025 DIRECT DEPOSIT SMITH, SHANE 754.65 439963 09/26/2025 DIRECT DEPOSIT SPARROW-VOORHEES, TABATHA 1,247.42 439964 09/26/2025 DIRECT DEPOSIT SPIRES, LEWIS 1,849.93 439965 09/26/2025 DIRECT DEPOSIT THORNTON, WYATT 621.90 439966 09/26/2025 DIRECT DEPOSIT WAGNER, FREDERICK 815.87 439967 09/26/2025 DIRECT DEPOSIT WALLACE-GUY, MADISON 703.76 439968 09/26/2025 DIRECT DEPOSIT WELCH, ROBERT 2,181.22 439969 09/26/2025 DIRECT DEPOSIT WHITMAN, JEREMIAH 1,819.62 439970 09/26/2025 DIRECT DEPOSIT BAKER, MURRAY 842.95 439971 09/26/2025 DIRECT DEPOSIT BOOM, LEILANI 1,598.15 439972 09/26/2025 DIRECT DEPOSIT GIBSON, CHASTITY 50.00 439972 09/26/2025 DIRECT DEPOSIT GIBSON, CHASTITY 10.00 439972 09/26/2025 DIRECT DEPOSIT GIBSON, CHASTITY 628.63 439973 09/26/2025 DIRECT DEPOSIT LAURO, HELEN 961.35 439974 09/26/2025 DIRECT DEPOSIT LEFEBURE, LEVI 772.38 439975 09/26/2025 DIRECT DEPOSIT MARLEAU, KATIE 2,224.94 439976 09/26/2025 DIRECT DEPOSIT RAULERSON, SPRING 593.92 439977 09/26/2025 DIRECT DEPOSIT ROBERTS, ALEXANDER 294.55 439978 09/26/2025 DIRECT DEPOSIT ROGERS, FALENA 770.21 439979 09/26/2025 DIRECT DEPOSIT SERVAITES, GREGG 1,840.35 439980 09/26/2025 DIRECT DEPOSIT SNEE, JACKSON 754.03 439981 09/26/2025 DIRECT DEPOSIT SPARKS, KENDALL 341.26 439982 09/26/2025 DIRECT DEPOSIT TRENT, CECIL 717.59 439983 09/26/2025 DIRECT DEPOSIT VASQUEZ, ODDY 811.91 14 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 439984 09/26/2025 DIRECT DEPOSIT CASSANITI, MAUREEN 713.22 439985 09/26/2025 DIRECT DEPOSIT COWAN, DONALD 1,291.37 439986 09/26/2025 DIRECT DEPOSIT DALLE PAZZE, KEVIN 1,700.87 439987 09/26/2025 DIRECT DEPOSIT DOUGLAS, EUGENE 355.58 439988 09/26/2025 DIRECT DEPOSIT EVANS, PAULA 671.17 439989 09/26/2025 DIRECT DEPOSIT HEBELER, SANDRA 1,229.89 439990 09/26/2025 DIRECT DEPOSIT JONES, ALFRED 546.05 439991 09/26/2025 DIRECT DEPOSIT KREBS, JILL 2,102.82 439992 09/26/2025 DIRECT DEPOSIT FORTES, DANIEL 1,906.06 439993 09/26/2025 DIRECT DEPOSIT REDFERN, RICHARD 607.18 439993 09/26/2025 DIRECT DEPOSIT REDFERN, RICHARD 151.79 439994 09/26/2025 DIRECT DEPOSIT SCHLEICH, MARK 53.88 439995 09/26/2025 DIRECT DEPOSIT STEINHILBER, CHRISTOPHER 1,588.99 439996 09/26/2025 DIRECT DEPOSIT BINEGAR, AMBER 444.15 439997 09/26/2025 DIRECT DEPOSIT BOLEN, LAYNE 667.49 439998 09/26/2025 DIRECT DEPOSIT BOWKER, JACQUELINE 1,365.39 439999 09/26/2025 DIRECT DEPOSIT BUSKIRK, KITTIE 1,785.54 440000 09/26/2025 DIRECT DEPOSIT COLE, KAREN 1,608.57 440001 09/26/2025 DIRECT DEPOSIT FARBER, ASHLEY 955.48 440002 09/26/2025 DIRECT DEPOSIT FOXX, PAOLA 696.83 440003 09/26/2025 DIRECT DEPOSIT GOODEN, TRAVIS 1,187.90 440004 09/26/2025 DIRECT DEPOSIT GREGORIOS, MARICRIS 1,273.17 440005 09/26/2025 DIRECT DEPOSIT HADSELL, DARLENE 2,088.96 440006 09/26/2025 DIRECT DEPOSIT HECKMAN, CHELSEA 1,204.35 440007 09/26/2025 DIRECT DEPOSIT HELTON, HEATHER 5.00 440007 09/26/2025 DIRECT DEPOSIT HELTON, HEATHER 1,505.82 440007 09/26/2025 DIRECT DEPOSIT HELTON, HEATHER 10.00 440008 09/26/2025 DIRECT DEPOSIT HENNEN, JESSICA 1,313.12 440009 09/26/2025 DIRECT DEPOSIT HUFF, TANYA 183.00 440009 09/26/2025 DIRECT DEPOSIT HUFF, TANYA 2,317.33 440010 09/26/2025 DIRECT DEPOSIT LEE, GI 82.59 440010 09/26/2025 DIRECT DEPOSIT LEE, GI 1,321.38 440010 09/26/2025 DIRECT DEPOSIT LEE, GI 247.75 440011 09/26/2025 DIRECT DEPOSIT LESCIO, JOLENE 1,594.29 440012 09/26/2025 DIRECT DEPOSIT LOVEDAY, JESSICA 25.00 440012 09/26/2025 DIRECT DEPOSIT LOVEDAY, JESSICA 1,801.89 440013 09/26/2025 DIRECT DEPOSIT MCDOUGALL, STEVEN 1,587.27 440014 09/26/2025 DIRECT DEPOSIT MCKENNA, TERESA 709.35 440015 09/26/2025 DIRECT DEPOSIT MORGAN, JESSICA 887.88 440016 09/26/2025 DIRECT DEPOSIT NEAL, MARY JANE 1,207.18 440017 09/26/2025 DIRECT DEPOSIT PAGANO, SADIE 572.75 440018 09/26/2025 DIRECT DEPOSIT PEREZ, JOSHUA 2,589.89 440019 09/26/2025 DIRECT DEPOSIT SANTOYO, ETHELYN 597.73 440020 09/26/2025 DIRECT DEPOSIT SCHOEN, ERIC 1,357.99 440021 09/26/2025 DIRECT DEPOSIT SMITH NIKITIN, KRISTIE 1,733.56 440022 09/26/2025 DIRECT DEPOSIT STENGER, ELIZABETH 2,865.08 440023 09/26/2025 DIRECT DEPOSIT TRUSS, LAWRENCE 705.55 440024 09/26/2025 DIRECT DEPOSIT WAGNER, MICHELLE 1,753.23 440025 09/26/2025 DIRECT DEPOSIT ALBINI, SCOTT 617.77 440026 09/26/2025 DIRECT DEPOSIT ANDERSON, KATHERINE 1,574.48 440027 09/26/2025 DIRECT DEPOSIT BACHMANN, SANDRA 1,739.27 440028 09/26/2025 DIRECT DEPOSIT BOIKE, REBECCA 1,307.11 440029 09/26/2025 DIRECT DEPOSIT BOWMAN, KATHLEEN 2,560.70 440030 09/26/2025 DIRECT DEPOSIT ELSEBOUGH, KELLY 709.07 440031 09/26/2025 DIRECT DEPOSIT GALENTINE, TRACY 1,131.49 15 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440032 09/26/2025 DIRECT DEPOSIT IACHINI, TAYLOR 1,390.87 440033 09/26/2025 DIRECT DEPOSIT KEATLEY, WHITNEY 575.16 440034 09/26/2025 DIRECT DEPOSIT MELASI, SUSAN 1,664.31 440035 09/26/2025 DIRECT DEPOSIT NILES, BRENDA 619.03 440036 09/26/2025 DIRECT DEPOSIT PANKIEWICZ-FUCHS, PATRICIA 2,443.80 440037 09/26/2025 DIRECT DEPOSIT ROSADO-RODRIGUEZ, JEFFREY 1,232.26 440038 09/26/2025 DIRECT DEPOSIT BROWNING, KATHLEEN 628.06 440039 09/26/2025 DIRECT DEPOSIT COOLER HAWK, SHANNON 1,559.49 440040 09/26/2025 DIRECT DEPOSIT FRANCIS, RICHARD 1,563.40 440041 09/26/2025 DIRECT DEPOSIT HERNANDEZ, MELISSA 646.76 440042 09/26/2025 DIRECT DEPOSIT LOWE, CYNTHIA 1,186.02 440043 09/26/2025 DIRECT DEPOSIT MCDOUGALL, HOLLIE 1,896.72 440044 09/26/2025 DIRECT DEPOSIT NEAL, BRIANNA 557.21 440045 09/26/2025 DIRECT DEPOSIT PEARSAUL, VICTORIA 885.09 440046 09/26/2025 DIRECT DEPOSIT SOBEL, KATHERINE 640.11 440047 09/26/2025 DIRECT DEPOSIT CAMPBELL, OMOLARA 860.94 440047 09/26/2025 DIRECT DEPOSIT CAMPBELL, OMOLARA 368.98 440048 09/26/2025 DIRECT DEPOSIT CASTRO, JUAN 1,160.54 440049 09/26/2025 DIRECT DEPOSIT CEPARANO, MICHAEL 956.95 440050 09/26/2025 DIRECT DEPOSIT GIANSANTI, JOHN 266.69 440050 09/26/2025 DIRECT DEPOSIT GIANSANTI, JOHN 622.29 440051 09/26/2025 DIRECT DEPOSIT HALL, CARLY 983.34 440052 09/26/2025 DIRECT DEPOSIT KING, DENISE 819.95 440053 09/26/2025 DIRECT DEPOSIT SORENSON, MICHELLE 1,127.46 440054 09/26/2025 DIRECT DEPOSIT VERGARA, GUSTAVO 3,179.27 440055 09/26/2025 DIRECT DEPOSIT BILLINGS, JOH NATHAN 2,472.72 440056 09/26/2025 DIRECT DEPOSIT BONELL, CALEB 636.52 440057 09/26/2025 DIRECT DEPOSIT BROWNLEE, MATTHEW 302.20 440058 09/26/2025 DIRECT DEPOSIT CHAPMAN, GARETH 1,112.85 440059 09/26/2025 DIRECT DEPOSIT COPPOLA, JOHN 338.96 440060 09/26/2025 DIRECT DEPOSIT DIAS-NOVA, DANIEL 725.66 440061 09/26/2025 DIRECT DEPOSIT DOTSEY, JOHN 1,700.88 440062 09/26/2025 DIRECT DEPOSIT DUFFIN, DAINEN 150.89 440063 09/26/2025 DIRECT DEPOSIT FILIZZOLA NOVA, BRENO 636.53 440064 09/26/2025 DIRECT DEPOSIT FRANCOEUR, ANDREW 218.10 440065 09/26/2025 DIRECT DEPOSIT HENDERSON, CHRISTOPHER 2,270.41 440066 09/26/2025 DIRECT DEPOSIT JENKINS, CARLOS 1,643.32 440067 09/26/2025 DIRECT DEPOSIT KEATON, KAMERON 1,672.29 440068 09/26/2025 DIRECT DEPOSIT LEVY, AARON 1,681.72 440068 09/26/2025 DIRECT DEPOSIT LEVY, AARON 75.00 440069 09/26/2025 DIRECT DEPOSIT LOCY, EMILY 500.81 440069 09/26/2025 DIRECT DEPOSIT LOCY, EMILY 50.00 440070 09/26/2025 DIRECT DEPOSIT MCDEARMID, RONALD 1,077.76 440071 09/26/2025 DIRECT DEPOSIT OTTO, DANIEL 1,612.90 440072 09/26/2025 DIRECT DEPOSIT PURPURA, CHRISTOPHER 1,427.84 440073 09/26/2025 DIRECT DEPOSIT RING, ERIC 2,181.61 440074 09/26/2025 DIRECT DEPOSIT WADE, FARAI 521.24 440074 09/26/2025 DIRECT DEPOSIT WADE, FARAI 223.39 440075 09/26/2025 DIRECT DEPOSIT WATKINS, CHRISTOPHER 1,779.37 440076 09/26/2025 DIRECT DEPOSIT MATTHEWS, JESSICA 2,001.98 440077 09/26/2025 DIRECT DEPOSIT ABERNATHY, STEVE 3,112.43 440078 09/26/2025 DIRECT DEPOSIT ACCARDI, TRISTAN 470.49 440078 09/26/2025 DIRECT DEPOSIT ACCARDI, TRISTAN 1,881.97 440079 09/26/2025 DIRECT DEPOSIT ADKINS, TAN ISHA 2,238.65 440080 09/26/2025 DIRECT DEPOSIT ALEXANDER, NATHAN 1,042.42 16 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440080 09/26/2025 DIRECT DEPOSIT ALEXANDER, NATHAN 1,935.91 440081 09/26/2025 DIRECT DEPOSIT ALICEA, MICHAEL 2,178.68 440082 09/26/2025 DIRECT DEPOSIT ALVAREZ, BRANDON 1,638.25 440083 09/26/2025 DIRECT DEPOSIT ALVAREZ, JUAN 375.00 440083 09/26/2025 DIRECT DEPOSIT ALVAREZ, JUAN 1,155.13 440083 09/26/2025 DIRECT DEPOSIT ALVAREZ, JUAN 75.00 440084 09/26/2025 DIRECT DEPOSIT AMADOR, CURTIS 1,740.31 440085 09/26/2025 DIRECT DEPOSIT ANGELONE, ANDREW 1,996.56 440086 09/26/2025 DIRECT DEPOSIT AREYZAGA, CHY-ANN 2,223.60 440087 09/26/2025 DIRECT DEPOSIT ARNOLD, WESLEY 2,670.99 440088 09/26/2025 DIRECT DEPOSIT BAILEY, JOSHUA 1,595.83 440089 09/26/2025 DIRECT DEPOSIT BAIRD, ALLISON 2,331.21 440090 09/26/2025 DIRECT DEPOSIT BARCUS, CHRISTOPHER 2,570.87 440091 09/26/2025 DIRECT DEPOSIT BARKEY, WILLIAM 3,536.67 440092 09/26/2025 DIRECT DEPOSIT BARR, DOMINIC 1,777.53 440093 09/26/2025 DIRECT DEPOSIT BELL, DAVID 2,781.77 440094 09/26/2025 DIRECT DEPOSIT BENDER, JOSHUA 1,940.99 440094 09/26/2025 DIRECT DEPOSIT BENDER, JOSHUA 800.00 440095 09/26/2025 DIRECT DEPOSIT BERNI, CORBIN 2,338.24 440096 09/26/2025 DIRECT DEPOSIT BERNSTEIN, MICHAEL 3,053.46 440097 09/26/2025 DIRECT DEPOSIT BEUTTELL, CLIFTON 2,467.46 440098 09/26/2025 DIRECT DEPOSIT BEYER, HANNAH 2,596.44 440099 09/26/2025 DIRECT DEPOSIT BINAFIF, MAZEN 3,281.92 440100 09/26/2025 DIRECT DEPOSIT BINKLEY, JOHN 1,685.48 440101 09/26/2025 DIRECT DEPOSIT BLACKFORD, CLARK 1,561.31 440102 09/26/2025 DIRECT DEPOSIT BLOCH, MATTHEW 2,487.60 440103 09/26/2025 DIRECT DEPOSIT BONHOMME, DAVE BRIAN 1,841.18 440104 09/26/2025 DIRECT DEPOSIT BOROCZKY, TAMAS 2,157.74 440105 09/26/2025 DIRECT DEPOSIT BOWDEN, CHASE 3,018.93 440106 09/26/2025 DIRECT DEPOSIT BRAMLETT, RILEY 1,988.87 440107 09/26/2025 DIRECT DEPOSIT BRENNAN, THOMAS 2,147.13 440108 09/26/2025 DIRECT DEPOSIT BREWER, CHRISTEN 200.00 440108 09/26/2025 DIRECT DEPOSIT BREWER, CHRISTEN 2,378.05 440109 09/26/2025 DIRECT DEPOSIT BROUWER, JHONATAN 2,365.96 440110 09/26/2025 DIRECT DEPOSIT BRUNO, HARRISON 2,196.59 440111 09/26/2025 DIRECT DEPOSIT BURKE, CHRISTOPHER 2,837.36 440112 09/26/2025 DIRECT DEPOSIT BURKE, DONALD 2,586.16 440113 09/26/2025 DIRECT DEPOSIT BURNS, BOB 2,160.49 440114 09/26/2025 DIRECT DEPOSIT BURRITT, BRIAN 2,394.66 440115 09/26/2025 DIRECT DEPOSIT BUSTAMANTE, LUIS 2,117.43 440116 09/26/2025 DIRECT DEPOSIT CAGLE, GARRETT 2,347.77 440117 09/26/2025 DIRECT DEPOSIT CALLAHAN, RYAN 2,937.22 440118 09/26/2025 DIRECT DEPOSIT CALLOWAY, JAMIE 2,590.11 440119 09/26/2025 DIRECT DEPOSIT CALZADILLA, EVAN 2,354.43 440120 09/26/2025 DIRECT DEPOSIT CAPPELEN, RYAN 3,128.95 440121 09/26/2025 DIRECT DEPOSIT CASS, JAMES 2,932.01 440122 09/26/2025 DIRECT DEPOSIT CATALANO, JULIAN 1,896.65 440123 09/26/2025 DIRECT DEPOSIT CEBRYNSKI, JOSEPH 2,334.22 440124 09/26/2025 DIRECT DEPOSIT CHINEA, CARSON 1,629.21 440125 09/26/2025 DIRECT DEPOSIT CHISHOLM, KEITH 3,115.78 440126 09/26/2025 DIRECT DEPOSIT CICERONI, RICHARD 2,573.84 440127 09/26/2025 DIRECT DEPOSIT CLUTE, KEVIN 2,882.79 440128 09/26/2025 DIRECT DEPOSIT COBB, JOHN 2,329.79 440129 09/26/2025 DIRECT DEPOSIT COFFEY, GAVIN 2,256.04 440130 09/26/2025 DIRECT DEPOSIT COLEMAN, JACOB 1,723.77 17 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440131 09/26/2025 DIRECT DEPOSIT COLEMAN, LEVI 2,385.55 440132 09/26/2025 DIRECT DEPOSIT COLLINS, MICHAEL 365.50 440132 09/26/2025 DIRECT DEPOSIT COLLINS, MICHAEL 1,096.51 440133 09/26/2025 DIRECT DEPOSIT CORDERO, MICHAEL 1,799.23 440134 09/26/2025 DIRECT DEPOSIT CORDERO, VINCENT 1,785.11 440135 09/26/2025 DIRECT DEPOSIT CORSO, JOHN 2,681.11 440136 09/26/2025 DIRECT DEPOSIT COTRONE, NICHOLAS 2,382.87 440137 09/26/2025 DIRECT DEPOSIT CRARY, WILLIAM 1,985.94 440138 09/26/2025 DIRECT DEPOSIT CRAVEN, THOMAS 2,137.59 440139 09/26/2025 DIRECT DEPOSIT CRUSE, DEVIN 2,302.19 440140 09/26/2025 DIRECT DEPOSIT CUEVAS, RUBEN 2,858.58 440141 09/26/2025 DIRECT DEPOSIT CURTIS, COREY 2,879.87 440142 09/26/2025 DIRECT DEPOSIT DAMPIER, BRADLEY 1,991.30 440143 09/26/2025 DIRECT DEPOSIT DAMPIER, BRANDON 2,226.82 440144 09/26/2025 DIRECT DEPOSIT DANCY, GARRETT 839.11 440145 09/26/2025 DIRECT DEPOSIT DANIEL, REBECCA 2,223.91 440146 09/26/2025 DIRECT DEPOSIT DEBRECHT, HEATH 1,665.62 440147 09/26/2025 DIRECT DEPOSIT DEBROWSKI, FRANCIS 3,044.99 440148 09/26/2025 DIRECT DEPOSIT DEKKER, ANTHONY 2,917.28 440149 09/26/2025 DIRECT DEPOSIT DEKKER, DUSTIN 2,427.39 440150 09/26/2025 DIRECT DEPOSIT DELASHMUTT, KEVIN 2,621.28 440151 09/26/2025 DIRECT DEPOSIT DELGADO, AUSTIN 1,562.25 440152 09/26/2025 DIRECT DEPOSIT DENT, RICHARD 2,792.81 440153 09/26/2025 DIRECT DEPOSIT DIAZ, NICHOLAS 2,802.91 440154 09/26/2025 DIRECT DEPOSIT DION, ROGER 3,836.65 440155 09/26/2025 DIRECT DEPOSIT DUNNE, COLIN 2,108.44 440156 09/26/2025 DIRECT DEPOSIT DUSKIN, MICHAEL 2,376.10 440157 09/26/2025 DIRECT DEPOSIT EDEN FIELD-ERNSBERGER, TRISTAN 1,900.43 440158 09/26/2025 DIRECT DEPOSIT EFFEREN, ROBERT 2,139.71 440159 09/26/2025 DIRECT DEPOSIT EIRLS, MICHAEL 1,974.50 440160 09/26/2025 DIRECT DEPOSIT ELLISON, CRAIG 2,650.64 440161 09/26/2025 DIRECT DEPOSIT ESCOBEDO, PAUL 2,263.64 440162 09/26/2025 DIRECT DEPOSIT ESKEW, BRADLEY 2,203.24 440163 09/26/2025 DIRECT DEPOSIT ESPINOZA, JAMES 1,645.13 440164 09/26/2025 DIRECT DEPOSIT ESTELHOMME, BRIAN 2,341.38 440165 09/26/2025 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 2,808.46 440165 09/26/2025 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 750.00 440166 09/26/2025 DIRECT DEPOSIT FERNANDEZ, JAYDEN 1,521.56 440167 09/26/2025 DIRECT DEPOSIT FIGUEROA, JULIAN 2,013.75 440168 09/26/2025 DIRECT DEPOSIT FLOOD, STEPHEN 1,917.06 440168 09/26/2025 DIRECT DEPOSIT FLOOD, STEPHEN 700.00 440169 09/26/2025 DIRECT DEPOSIT FLORES, IVAN 1,876.95 440169 09/26/2025 DIRECT DEPOSIT FLORES, IVAN 200.00 440170 09/26/2025 DIRECT DEPOSIT FONTANA, RYAN 1,792.69 440171 09/26/2025 DIRECT DEPOSIT FORD, BRADLEY 1,950.29 440172 09/26/2025 DIRECT DEPOSIT FORGET, JUSTIN 4,050.98 440173 09/26/2025 DIRECT DEPOSIT FOX, THOMAS 35.00 440173 09/26/2025 DIRECT DEPOSIT FOX, THOMAS 3,522.01 440174 09/26/2025 DIRECT DEPOSIT FRETWELL, JASON 2,907.64 440175 09/26/2025 DIRECT DEPOSIT FUCCI, JAMES 2,839.66 440176 09/26/2025 DIRECT DEPOSIT GABBARD, KYLE 3,826.35 440177 09/26/2025 DIRECT DEPOSIT GALLEGOS, MATTHEW 2,456.96 440178 09/26/2025 DIRECT DEPOSIT GARCIA, CHRISTOPHER 777.35 440178 09/26/2025 DIRECT DEPOSIT GARCIA, CHRISTOPHER 777.35 440179 09/26/2025 DIRECT DEPOSIT GARCIA RAMOS, ADOLFO 2,249.97 18 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440180 09/26/2025 DIRECT DEPOSIT GEHRING, JOELY 3,759.91 440181 09/26/2025 DIRECT DEPOSIT GIACCIO, MICHAEL 2,307.42 440182 09/26/2025 DIRECT DEPOSIT GIBBONS, SEAN 4,011.05 440183 09/26/2025 DIRECT DEPOSIT GIBBONS, TREVOR 2,775.35 440184 09/26/2025 DIRECT DEPOSIT GILL, WADE 1,816.05 440185 09/26/2025 DIRECT DEPOSIT GILLIG, JUSTIN 3,358.38 440186 09/26/2025 DIRECT DEPOSIT GOICOECHEA, YOMAYRA 2,353.75 440187 09/26/2025 DIRECT DEPOSIT GOMBOS, RICHARD 2,040.21 440188 09/26/2025 DIRECT DEPOSIT GOMEZ, J JESUS 3,324.81 440189 09/26/2025 DIRECT DEPOSIT GOMEZ, RAMIRO 2,633.10 440190 09/26/2025 DIRECT DEPOSIT GONZALEZ, JUSTIN 1,598.97 440191 09/26/2025 DIRECT DEPOSIT GOOD, MITCHELL 1,907.27 440192 09/26/2025 DIRECT DEPOSIT GOODRICH, EVYN 2,039.63 440193 09/26/2025 DIRECT DEPOSIT GOODSON, RYAN 1,755.63 440194 09/26/2025 DIRECT DEPOSIT GRAMENZ, COLTON 1,617.40 440195 09/26/2025 DIRECT DEPOSIT GRANATH, JOHN 2,428.43 440196 09/26/2025 DIRECT DEPOSIT GRAUL, STEVEN 4,828.68 440197 09/26/2025 DIRECT DEPOSIT GREER, STEPHEN 3,218.44 440198 09/26/2025 DIRECT DEPOSIT GRIFFIN, DONALD 1,885.71 440198 09/26/2025 DIRECT DEPOSIT GRIFFIN, DONALD 150.00 440199 09/26/2025 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 100.00 440199 09/26/2025 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 3,118.26 440200 09/26/2025 DIRECT DEPOSIT GUANCH, BRIAN 1,000.00 440200 09/26/2025 DIRECT DEPOSIT GUANCH, BRIAN 1,967.88 440201 09/26/2025 DIRECT DEPOSIT HABERSTROH, PHILIP 1,602.48 440202 09/26/2025 DIRECT DEPOSIT HAFFIELD, BRANDON 2,115.81 440203 09/26/2025 DIRECT DEPOSIT HAMILTON, CAMERON 2,041.95 440204 09/26/2025 DIRECT DEPOSIT HARKNESS, STEPHEN 2,384.71 440205 09/26/2025 DIRECT DEPOSIT HARLEY-OPPEL, KYLER 2,308.11 440206 09/26/2025 DIRECT DEPOSIT HARRIS, HEATH 2,974.04 440207 09/26/2025 DIRECT DEPOSIT HAWKINS, DUSTIN 2,862.93 440208 09/26/2025 DIRECT DEPOSIT HELINSKI, MICHAEL 1,885.23 440209 09/26/2025 DIRECT DEPOSIT HENDERSON, CYNTHIA 2,824.85 440210 09/26/2025 DIRECT DEPOSIT HENDERSON, MARIO 2,738.01 440211 09/26/2025 DIRECT DEPOSIT HERRINGTON, WILLIAM 100.00 440211 09/26/2025 DIRECT DEPOSIT HERRINGTON, WILLIAM 2,966.23 440212 09/26/2025 DIRECT DEPOSIT HINSON, CHRISTOPHER 250.66 440212 09/26/2025 DIRECT DEPOSIT HINSON, CHRISTOPHER 2,882.65 440213 09/26/2025 DIRECT DEPOSIT HODGSON, DAVID 1,720.77 440214 09/26/2025 DIRECT DEPOSIT HOF-MAHONEY, KEVIN 1,791.77 440215 09/26/2025 DIRECT DEPOSIT HOLBROOK, JAMES 3,031.46 440216 09/26/2025 DIRECT DEPOSIT HOLMES, CODY 2,463.11 440217 09/26/2025 DIRECT DEPOSIT HOLTZCLAW, KYLE 2,318.00 440218 09/26/2025 DIRECT DEPOSIT HORNER, CHAD 2,477.81 440219 09/26/2025 DIRECT DEPOSIT HOWARD, WAYNE 150.00 440219 09/26/2025 DIRECT DEPOSIT HOWARD, WAYNE 3,481.57 440220 09/26/2025 DIRECT DEPOSIT HRUSOVSKY, MCGWIRE 1,772.63 440221 09/26/2025 DIRECT DEPOSIT HUGHES, DEVON 2,684.09 440222 09/26/2025 DIRECT DEPOSIT HURTADO, DANIEL 2,864.90 440223 09/26/2025 DIRECT DEPOSIT HYDE, JACOB 2,268.70 440224 09/26/2025 DIRECT DEPOSIT IMLER, ISAAC 1,844.35 440225 09/26/2025 DIRECT DEPOSIT IRWIN, LYALL 2,023.51 440226 09/26/2025 DIRECT DEPOSIT ISAACSON, ERIK 3,134.20 440227 09/26/2025 DIRECT DEPOSIT JENSEN, CASEY 2,411.56 440228 09/26/2025 DIRECT DEPOSIT JIRON, PEDRO 2,125.82 19 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440229 09/26/2025 DIRECT DEPOSIT JOHNSON, ANDRE 1,651.37 440230 09/26/2025 DIRECT DEPOSIT JONES, CHRISTOPHER 2,993.20 440231 09/26/2025 DIRECT DEPOSIT JONES, DALTON 2,723.82 440232 09/26/2025 DIRECT DEPOSIT JONES, LAVIGNE 3,222.08 440233 09/26/2025 DIRECT DEPOSIT JUDSON, JASON 2,805.41 440234 09/26/2025 DIRECT DEPOSIT KAHL, BRANDON 50.00 440234 09/26/2025 DIRECT DEPOSIT KAHL, BRANDON 3,486.94 440235 09/26/2025 DIRECT DEPOSIT KARPINSKI, DODGE 2,666.27 440236 09/26/2025 DIRECT DEPOSIT KEARNS, OLIVER 2,941.79 440237 09/26/2025 DIRECT DEPOSIT KIERNAN, DAVID 3,335.22 440238 09/26/2025 DIRECT DEPOSIT KING, COREY 1,914.71 440239 09/26/2025 DIRECT DEPOSIT KING, JOSEPH 2,153.22 440239 09/26/2025 DIRECT DEPOSIT KING, JOSEPH 200.00 440240 09/26/2025 DIRECT DEPOSIT KLAUSE, SHEENA 2,389.89 440241 09/26/2025 DIRECT DEPOSIT KOFKE, KYLE 1,000.00 440241 09/26/2025 DIRECT DEPOSIT KOFKE, KYLE 3,933.52 440242 09/26/2025 DIRECT DEPOSIT KOVATCH, NATHAN 2,658.60 440243 09/26/2025 DIRECT DEPOSIT KRAFT, MATTHEW 1,972.94 440244 09/26/2025 DIRECT DEPOSIT KRUEGER, RYAN 2,485.33 440245 09/26/2025 DIRECT DEPOSIT LAMANA, PARRIS 1,258.39 440246 09/26/2025 DIRECT DEPOSIT LANG, GEOFFREY 250.00 440246 09/26/2025 DIRECT DEPOSIT LANG, GEOFFREY 1,597.83 440247 09/26/2025 DIRECT DEPOSIT LEGLEITNER, CHANDLER 1,676.36 440248 09/26/2025 DIRECT DEPOSIT LEWIS, BRAD 2,194.32 440249 09/26/2025 DIRECT DEPOSIT LLOYD, JAMES 3,976.12 440250 09/26/2025 DIRECT DEPOSIT LOGSDON, TYLER 2,891.40 440251 09/26/2025 DIRECT DEPOSIT LONDONO, ISAAC 2,134.76 440252 09/26/2025 DIRECT DEPOSIT LOPEZ, ERIC 2,575.28 440253 09/26/2025 DIRECT DEPOSIT LOUIS, LEX 1,539.39 440254 09/26/2025 DIRECT DEPOSIT LUCAS, DAVID 2,140.37 440255 09/26/2025 DIRECT DEPOSIT MAGUIRE, KEVIN 1,694.99 440256 09/26/2025 DIRECT DEPOSIT MAHAN, STEVEN 2,686.92 440257 09/26/2025 DIRECT DEPOSIT MARCHESINI, TODD 2,288.68 440258 09/26/2025 DIRECT DEPOSIT MARINI, STEVEN 1,782.13 440259 09/26/2025 DIRECT DEPOSIT MARQUES, CARLO 2,744.54 440260 09/26/2025 DIRECT DEPOSIT MARTINEZ, ALYSSA 1,840.06 440261 09/26/2025 DIRECT DEPOSIT MARTINEZ, GABRIEL 1,951.53 440262 09/26/2025 DIRECT DEPOSIT MASON, BRETT 2,171.21 440263 09/26/2025 DIRECT DEPOSIT MASTERS, DANIEL 2,347.86 440264 09/26/2025 DIRECT DEPOSIT MATHERLY, CHRISTOPHER 2,740.46 440265 09/26/2025 DIRECT DEPOSIT MAllOLA, MICHAEL 2,241.78 440266 09/26/2025 DIRECT DEPOSIT MCAULIFFE, COLBY 2,191.23 440267 09/26/2025 DIRECT DEPOSIT MCCABE, BENJAMIN 2,257.97 440268 09/26/2025 DIRECT DEPOSIT MCCORMACK, SEAN 2,787.07 440269 09/26/2025 DIRECT DEPOSIT MCGINN, MATTHEW 1,707.39 440270 09/26/2025 DIRECT DEPOSIT MCKENZIE, MARCUS 1,772.17 440271 09/26/2025 DIRECT DEPOSIT MCLEOD, CODY 2,099.81 440272 09/26/2025 DIRECT DEPOSIT MCVAY, CHRISTOPHER 2,301.53 440273 09/26/2025 DIRECT DEPOSIT MEDINA, NICKOLAS 2,296.64 440274 09/26/2025 DIRECT DEPOSIT MEILAN, TOMAS 2,529.66 440275 09/26/2025 DIRECT DEPOSIT METZ, GIANNA 2,389.63 440276 09/26/2025 DIRECT DEPOSIT METZ, MATTHEW 2,189.48 440277 09/26/2025 DIRECT DEPOSIT MEYERS, KYLE 2,091.62 440278 09/26/2025 DIRECT DEPOSIT MINNS, KYLE 2,330.91 440279 09/26/2025 DIRECT DEPOSIT MIXON, SEAN 1,787.19 20 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440280 09/26/2025 DIRECT DEPOSIT MONTPETIT, CHRISTOPHER 1,926.65 440281 09/26/2025 DIRECT DEPOSIT MOONEY, KEVIN 1,810.58 440281 09/26/2025 DIRECT DEPOSIT MOONEY, KEVIN 300.00 440282 09/26/2025 DIRECT DEPOSIT MORRIS, JOSHUA 2,388.58 440283 09/26/2025 DIRECT DEPOSIT MORRIS, NICOLE 3,087.30 440284 09/26/2025 DIRECT DEPOSIT MORRISON, JAMES 2,276.50 440285 09/26/2025 DIRECT DEPOSIT MURPHY, ANDREW 2,759.15 440286 09/26/2025 DIRECT DEPOSIT NADOLNY, VINCENT 2,794.74 440287 09/26/2025 DIRECT DEPOSIT NIELSEN, ALEX 2,026.25 440288 09/26/2025 DIRECT DEPOSIT NOGAREDA, JORDAN 2,376.85 440289 09/26/2025 DIRECT DEPOSIT NOHRR, JULI 3,400.58 440290 09/26/2025 DIRECT DEPOSIT NORAT, ALEXANDER 2,159.79 440291 09/26/2025 DIRECT DEPOSIT OCONNOR, JOHN 4,841.38 440292 09/26/2025 DIRECT DEPOSIT OHLER, MARK 1,698.46 440293 09/26/2025 DIRECT DEPOSIT OLIVER, LUKE 2,654.45 440294 09/26/2025 DIRECT DEPOSIT ORTIZ, TAYLOR 2,340.71 440294 09/26/2025 DIRECT DEPOSIT ORTIZ, TAYLOR 150.00 440295 09/26/2025 DIRECT DEPOSIT OSGOOD, DAVID 2,638.87 440296 09/26/2025 DIRECT DEPOSIT OSTERMAN, TYLER 2,387.67 440297 09/26/2025 DIRECT DEPOSIT PARKER, RYAN 3,316.66 440298 09/26/2025 DIRECT DEPOSIT PARKER, TYLER 3,037.14 440299 09/26/2025 DIRECT DEPOSIT PARKERSON, BRANDON 1,975.16 440300 09/26/2025 DIRECT DEPOSIT PARRIS, RYAN 2,099.28 440301 09/26/2025 DIRECT DEPOSIT PATTERSON, RYAN 1,916.60 440302 09/26/2025 DIRECT DEPOSIT PEDONTI, ZACHARY 2,664.59 440303 09/26/2025 DIRECT DEPOSIT PENA, ADAN 2,076.77 440304 09/26/2025 DIRECT DEPOSIT PENA, JONATHAN 1,555.46 440305 09/26/2025 DIRECT DEPOSIT PERRY, SEAN 1,817.18 440306 09/26/2025 DIRECT DEPOSIT PHAN, BRANDON 2,040.60 440307 09/26/2025 DIRECT DEPOSIT PIETRANTONIO, DAVID 1,592.24 440308 09/26/2025 DIRECT DEPOSIT PLOURDE, HUNTER 2,164.65 440309 09/26/2025 DIRECT DEPOSIT POLLY, DONNIE 1,612.18 440310 09/26/2025 DIRECT DEPOSIT PORTER, TODD 682.35 440310 09/26/2025 DIRECT DEPOSIT PORTER, TODD 2,047.05 440311 09/26/2025 DIRECT DEPOSIT POWELL, STEVEN 2,800.61 440312 09/26/2025 DIRECT DEPOSIT PRESSLEY, JASON 2,542.57 440313 09/26/2025 DIRECT DEPOSIT QUIGLEY, BRENNAN 2,696.46 440314 09/26/2025 DIRECT DEPOSIT RAMIREZ, SELENA 2,140.21 440315 09/26/2025 DIRECT DEPOSIT RAMSEY, RYAN 1,494.54 440316 09/26/2025 DIRECT DEPOSIT RATTRAY, APRIL 3,073.44 440317 09/26/2025 DIRECT DEPOSIT RATTRAY, DAVID 3,692.88 440318 09/26/2025 DIRECT DEPOSIT RAULERSON, JAMESON 3,031.69 440319 09/26/2025 DIRECT DEPOSIT REARDON, JONATHAN 3,818.59 440320 09/26/2025 DIRECT DEPOSIT REY, DANIEL 2,057.83 440321 09/26/2025 DIRECT DEPOSIT REYES, LUIS 2,034.96 440322 09/26/2025 DIRECT DEPOSIT RICHARDS, BRADLEY 2,824.26 440323 09/26/2025 DIRECT DEPOSIT RICHTER, JOSEPH 2,948.40 440324 09/26/2025 DIRECT DEPOSIT RIVAS, ROBERT 2,688.43 440325 09/26/2025 DIRECT DEPOSIT ROBERTS, BRYAN 2,776.52 440326 09/26/2025 DIRECT DEPOSIT ROBERTSON, ZACHARY 2,130.88 440327 09/26/2025 DIRECT DEPOSIT ROBINSON, MARCUS 2,974.55 440328 09/26/2025 DIRECT DEPOSIT RODRIGUEZ, IATNIEL 2,980.22 440329 09/26/2025 DIRECT DEPOSIT ROTH, NICOLE 1,496.22 440330 09/26/2025 DIRECT DEPOSIT RUFF, CODY 3,125.62 440331 09/26/2025 DIRECT DEPOSIT RULE, MICHAEL 3,038.55 21 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440332 09/26/2025 DIRECT DEPOSIT RUSSELL, DEREK 3,213.17 440333 09/26/2025 DIRECT DEPOSIT SALMON, JOHN 2,111.22 440334 09/26/2025 DIRECT DEPOSIT SANSONE, MICHAEL 2,933.09 440335 09/26/2025 DIRECT DEPOSIT SANTIAGO, JOSHUA 2,300.42 440336 09/26/2025 DIRECT DEPOSIT SAPP, JULIA 2,412.69 440337 09/26/2025 DIRECT DEPOSIT SASSMAN, PAIGE 1,838.40 440338 09/26/2025 DIRECT DEPOSIT SCHAUMAN, ADAM 2,890.36 440339 09/26/2025 DIRECT DEPOSIT SCHILLING, THOMAS 3,870.17 440340 09/26/2025 DIRECT DEPOSIT SCHLOESSER, STEVEN 3,261.76 440341 09/26/2025 DIRECT DEPOSIT SELLERS, ANDREW 2,154.40 440342 09/26/2025 DIRECT DEPOSIT SHIELDS, WILLIAM 2,403.85 440343 09/26/2025 DIRECT DEPOSIT SHULTS, DEREK 2,683.87 440344 09/26/2025 DIRECT DEPOSIT SIMONS, BRADLEY 150.00 440344 09/26/2025 DIRECT DEPOSIT SIMONS, BRADLEY 2,355.02 440345 09/26/2025 DIRECT DEPOSIT SIMS, CHRISTINA 2,621.69 440346 09/26/2025 DIRECT DEPOSIT SINAGRA, MARC 2,352.17 440347 09/26/2025 DIRECT DEPOSIT SKOK, ROBERT 2,396.21 440348 09/26/2025 DIRECT DEPOSIT SMITH, BRYANT 1,892.04 440349 09/26/2025 DIRECT DEPOSIT SMITH, JARED 2,134.96 440350 09/26/2025 DIRECT DEPOSIT SMITH, KAREN 2,113.77 440351 09/26/2025 DIRECT DEPOSIT SMITH, STEPHEN 2,502.73 440352 09/26/2025 DIRECT DEPOSIT SPARKMAN, CODY 2,410.39 440353 09/26/2025 DIRECT DEPOSIT SPRENGER, CONSTANT 2,077.86 440354 09/26/2025 DIRECT DEPOSIT SPRINGER, MORRIS 2,753.85 440355 09/26/2025 DIRECT DEPOSIT STAMM, JESSICA 1,780.00 440356 09/26/2025 DIRECT DEPOSIT STEELE, JOSHUA 2,981.76 440357 09/26/2025 DIRECT DEPOSIT STENGER, ANDREW 3,266.32 440358 09/26/2025 DIRECT DEPOSIT STEPHENS, TRAVIS 2,040.26 440359 09/26/2025 DIRECT DEPOSIT STEPHENS, ZACHARIA 2,905.23 440360 09/26/2025 DIRECT DEPOSIT STOTT, JESSICA 1,789.73 440361 09/26/2025 DIRECT DEPOSIT STURTEVANT, MARC 2,313.12 440362 09/26/2025 DIRECT DEPOSIT THOMPSON, CLINTON 1,730.26 440363 09/26/2025 DIRECT DEPOSIT THOMPSON, GRIFFIN 2,126.94 440364 09/26/2025 DIRECT DEPOSIT THOMPSON, RUSSELL 3,251.57 440365 09/26/2025 DIRECT DEPOSIT TOBIN, JUSTIN 2,961.75 440366 09/26/2025 DIRECT DEPOSIT TORRES, FABIO 1,732.78 440367 09/26/2025 DIRECT DEPOSIT TRENT, CHRISTOPHER 3,377.81 440368 09/26/2025 DIRECT DEPOSIT TROSKA, HUNTER 2,651.33 440369 09/26/2025 DIRECT DEPOSIT TURPIN, JENA 2,196.11 440370 09/26/2025 DIRECT DEPOSIT URSULEAN, ZACHARY 1,525.05 440371 09/26/2025 DIRECT DEPOSIT USHER, ADAM 3,331.11 440372 09/26/2025 DIRECT DEPOSIT VELAZQUEZ, JOSHUA 1,633.40 440373 09/26/2025 DIRECT DEPOSIT VELIE, ANTHONY 2,540.17 440374 09/26/2025 DIRECT DEPOSIT WAGNER, BRANDON 2,355.44 440375 09/26/2025 DIRECT DEPOSIT WALKER, TYLER 2,031.02 440376 09/26/2025 DIRECT DEPOSIT WALLACE, JEREMY 2,453.13 440377 09/26/2025 DIRECT DEPOSIT WALLS, JOSEPH 3,449.42 440378 09/26/2025 DIRECT DEPOSIT WATKINS, BENJAMIN 2,158.51 440379 09/26/2025 DIRECT DEPOSIT WEAVER, TYLER 2,351.75 440380 09/26/2025 DIRECT DEPOSIT WELLS, MICHAEL 2,688.40 440381 09/26/2025 DIRECT DEPOSIT WELTER, JOSHUA 3,848.64 440382 09/26/2025 DIRECT DEPOSIT WENZEL, JACOB 2,036.93 440383 09/26/2025 DIRECT DEPOSIT WEST, RILEY 1,222.21 440383 09/26/2025 DIRECT DEPOSIT WEST, RILEY 523.81 440384 09/26/2025 DIRECT DEPOSIT WESTERMAN, JAMES 2,322.04 22 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440385 09/26/2025 DIRECT DEPOSIT WHITE, KEVIN 2,751.12 440386 09/26/2025 DIRECT DEPOSIT WILLCOX, JEFFREY 1,848.91 440387 09/26/2025 DIRECT DEPOSIT WILLIAMS, TYLER 1,891.08 440388 09/26/2025 DIRECT DEPOSIT WILLMOT, WILLIAM 3,504.52 440389 09/26/2025 DIRECT DEPOSIT WILSNACK, ALEXANDER 2,524.56 440390 09/26/2025 DIRECT DEPOSIT WILSON, NEIL 3,046.86 440391 09/26/2025 DIRECT DEPOSIT WOODWARD, EDWARD 1,657.77 440392 09/26/2025 DIRECT DEPOSIT WRESILO, JOSEPH 1,779.80 440393 09/26/2025 DIRECT DEPOSIT ZAVALA, ADRIAN 2,054.65 440394 09/26/2025 DIRECT DEPOSIT ZEDEK, STACY 2,561.45 440395 09/26/2025 DIRECT DEPOSIT PACHECO-NOEL, MARCELA 2,159.11 440396 09/26/2025 DIRECT DEPOSIT BRADLEY, DANIEL 1,505.28 440397 09/26/2025 DIRECT DEPOSIT RACKARD, KAREN 2,229.69 440398 09/26/2025 DIRECT DEPOSIT BERGMAN, QUINTIN 1,985.64 440399 09/26/2025 DIRECT DEPOSIT SABIN, JOHN 1,929.76 440400 09/26/2025 DIRECT DEPOSIT WHELAN, DAKOTA 1,813.82 440401 09/26/2025 DIRECT DEPOSIT BACHAND, STEVEN 567.88 440402 09/26/2025 DIRECT DEPOSIT BENSON, SHAWN 717.34 440403 09/26/2025 DIRECT DEPOSIT BOWLER, NANCY 150.00 440403 09/26/2025 DIRECT DEPOSIT BOWLER, NANCY 1,030.91 440404 09/26/2025 DIRECT DEPOSIT CONNOLLY, RICHARD 574.46 440405 09/26/2025 DIRECT DEPOSIT COX, BRANDON 1,114.93 440406 09/26/2025 DIRECT DEPOSIT HEFFNER, KEITH 958.50 440407 09/26/2025 DIRECT DEPOSIT MALDONADO, ELI 793.39 440408 09/26/2025 DIRECT DEPOSIT MUGFORD, DEBORAH 572.21 440409 09/26/2025 DIRECT DEPOSIT OSBORNE, JANET 932.04 440410 09/26/2025 DIRECT DEPOSIT SELDES, JERROLD 2,637.58 440411 09/26/2025 DIRECT DEPOSIT SIRILLA, JOSEPH 941.28 440412 09/26/2025 DIRECT DEPOSIT SMITH, MICHAEL 823.77 440413 09/26/2025 DIRECT DEPOSIT TALARICO, FRANK 761.60 440414 09/26/2025 DIRECT DEPOSIT VACCARO, MICHAEL 883.50 440415 09/26/2025 DIRECT DEPOSIT WHITE, JOSEPH 1,826.47 440416 09/26/2025 DIRECT DEPOSIT BUNT, NANCY 5,036.25 440417 09/26/2025 DIRECT DEPOSIT CAYSON, ELIZABETH 2,417.26 440418 09/26/2025 DIRECT DEPOSIT COPELAND, KATHY 2,806.69 440419 09/26/2025 DIRECT DEPOSIT HAMMOND, ASHLEY 2,775.80 440420 09/26/2025 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 500.00 440420 09/26/2025 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 1,318.49 440421 09/26/2025 DIRECT DEPOSIT TITKANICH, JOHN 4,622.76 440421 09/26/2025 DIRECT DEPOSIT TITKANICH, JOHN 1,000.00 440422 09/26/2025 DIRECT DEPOSIT EMERSON, CYNTHIA 4,671.01 440423 09/26/2025 DIRECT DEPOSIT MILLER, MAYA 536.00 440423 09/26/2025 DIRECT DEPOSIT MILLER, MAYA 20.00 440423 09/26/2025 DIRECT DEPOSIT MILLER, MAYA 1,079.46 440423 09/26/2025 DIRECT DEPOSIT MILLER, MAYA 150.00 440424 09/26/2025 DIRECT DEPOSIT ZITO, MICHAEL 5,477.76 440425 09/26/2025 DIRECT DEPOSIT BOYLL, SUZANNE 3,861.34 440426 09/26/2025 DIRECT DEPOSIT FAULKNER, STACY 2,307.59 440427 09/26/2025 DIRECT DEPOSIT HALLSTROM, KRISTINE 694.86 440427 09/26/2025 DIRECT DEPOSIT HALLSTROM, KRISTINE 700.00 440428 09/26/2025 DIRECT DEPOSIT KING, MICHAEL 2,158.70 440429 09/26/2025 DIRECT DEPOSIT MINUSE, SUZANN 2,024.77 440429 09/26/2025 DIRECT DEPOSIT MINUSE, SUZANN 120.00 440430 09/26/2025 DIRECT DEPOSIT MONTEROSSO, JORDAN 1,639.31 440430 09/26/2025 DIRECT DEPOSIT MONTEROSSO, JORDAN 100.00 23 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440431 09/26/2025 DIRECT DEPOSIT NOWLIN, SHELLEY 700.00 440431 09/26/2025 DIRECT DEPOSIT NOWLIN, SHELLEY 500.00 440431 09/26/2025 DIRECT DEPOSIT NOWLIN, SHELLEY 990.32 440432 09/26/2025 DIRECT DEPOSIT O'SULLIVAN, SHEILA 200.00 440432 09/26/2025 DIRECT DEPOSIT O'SULLIVAN, SHEILA 2,037.94 440433 09/26/2025 DIRECT DEPOSIT SANDERS, JENNIFER 2,464.75 440433 09/26/2025 DIRECT DEPOSIT SANDERS, JENNIFER 300.00 440434 09/26/2025 DIRECT DEPOSIT CHAREST, KATHERINE 2,486.81 440435 09/26/2025 DIRECT DEPOSIT ANDREWS, LAURENCE 2,094.98 440436 09/26/2025 DIRECT DEPOSIT FREEMAN, BRIAN 3,459.53 440437 09/26/2025 DIRECT DEPOSIT JOHNSON, PATRICIA 25.00 440437 09/26/2025 DIRECT DEPOSIT JOHNSON, PATRICIA 100.00 440437 09/26/2025 DIRECT DEPOSIT JOHNSON, PATRICIA 275.00 440437 09/26/2025 DIRECT DEPOSIT JOHNSON, PATRICIA 989.94 440437 09/26/2025 DIRECT DEPOSIT JOHNSON, PATRICIA 40.00 440438 09/26/2025 DIRECT DEPOSIT VIETZE, MARK 2,407.81 440439 09/26/2025 DIRECT DEPOSIT BODE, SIBEL 2,178.87 440440 09/26/2025 DIRECT DEPOSIT CREAGAN, BRANDON 2,779.81 440441 09/26/2025 DIRECT DEPOSIT DOMBROSKI, DOUGLAS 1,175.00 440441 09/26/2025 DIRECT DEPOSIT DOMBROSKI, DOUGLAS 2,398.37 440442 09/26/2025 DIRECT DEPOSIT ESTRADA POSADA, MARIANA 1,168.94 440443 09/26/2025 DIRECT DEPOSIT HEATH, BRIANNA 1,196.18 440443 09/26/2025 DIRECT DEPOSIT HEATH, BRIANNA 50.00 440444 09/26/2025 DIRECT DEPOSIT HILL, MICHAEL 2,147.29 440445 09/26/2025 DIRECT DEPOSIT KLERLEIN, LEISA 1,495.86 440446 09/26/2025 DIRECT DEPOSIT LINDAMOOD, HARPER 2,050.29 440447 09/26/2025 DIRECT DEPOSIT MCKINLEY, KELLY 2,313.59 440448 09/26/2025 DIRECT DEPOSIT MURPHY, PATRICK 3,198.52 440449 09/26/2025 DIRECT DEPOSIT OTTOSON, CARRIE 1,451.45 440450 09/26/2025 DIRECT DEPOSIT SWEENEY, RYAN 200.00 440450 09/26/2025 DIRECT DEPOSIT SWEENEY, RYAN 3,263.78 440450 09/26/2025 DIRECT DEPOSIT SWEENEY, RYAN 200.00 440451 09/26/2025 DIRECT DEPOSIT TOOF, NICOLE 1,359.07 440452 09/26/2025 DIRECT DEPOSIT WOODY, LOGAN 1,972.87 440453 09/26/2025 DIRECT DEPOSIT ARNDT, MELISSA 2,065.73 440454 09/26/2025 DIRECT DEPOSIT AUTON, MICHELLE 1,707.17 440455 09/26/2025 DIRECT DEPOSIT BIRHANZL, JOHN 685.60 440456 09/26/2025 DIRECT DEPOSIT CLAUSS, PATRICIA 759.07 440457 09/26/2025 DIRECT DEPOSIT GINES, BARBARA 800.06 440458 09/26/2025 DIRECT DEPOSIT HENRY, CARRI 1,078.10 440459 09/26/2025 DIRECT DEPOSIT SINGLETARY, LINDA 794.94 440460 09/26/2025 DIRECT DEPOSIT BUCK, KELLY 2,581.48 440461 09/26/2025 DIRECT DEPOSIT DRISKELL, DAPHNE 1,862.41 440462 09/26/2025 DIRECT DEPOSIT FOLGER, MICHAEL 1,588.03 440463 09/26/2025 DIRECT DEPOSIT GIL, AMARI5 1,276.57 440464 09/26/2025 DIRECT DEPOSIT VAUGHT, DUSTIN 1,916.59 440465 09/26/2025 DIRECT DEPOSIT VAZQUEZ, BRANDON 1,621.30 440466 09/26/2025 DIRECT DEPOSIT CASANO, ELIZABETH 274.50 440466 09/26/2025 DIRECT DEPOSIT CASANO, ELIZABETH 1,555.52 440467 09/26/2025 DIRECT DEPOSIT JOHNSON, JOSEPH 1,000.00 440467 09/26/2025 DIRECT DEPOSIT JOHNSON, JOSEPH 4,114.67 440468 09/26/2025 DIRECT DEPOSIT JONES, DONALD 2,108.40 440469 09/26/2025 DIRECT DEPOSIT LLOYD, RYAN 3,808.46 440470 09/26/2025 DIRECT DEPOSIT MARINI, RICHARD 3,274.18 440471 09/26/2025 DIRECT DEPOSIT PRIDGEON, JENNIFER 1,828.14 24 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440472 09/26/2025 DIRECT DEPOSIT REYES, ALICIA 1,898.17 440473 09/26/2025 DIRECT DEPOSIT REYES, ERIN 2,172.06 440474 09/26/2025 DIRECT DEPOSIT RICHARDS, DONNA 1,084.78 440475 09/26/2025 DIRECT DEPOSIT VANGEISON, DUSTIN 2,095.43 440476 09/26/2025 DIRECT DEPOSIT WISHARD, SHARYNE 27.50 440476 09/26/2025 DIRECT DEPOSIT WISHARD, SHARYNE 20.00 440476 09/26/2025 DIRECT DEPOSIT WISHARD, SHARYNE 62.50 440476 09/26/2025 DIRECT DEPOSIT WISHARD, SHARYNE 1,372.76 440476 09/26/2025 DIRECT DEPOSIT WISHARD, SHARYNE 150.00 440477 09/26/2025 DIRECT DEPOSIT APONTE, HERBERT 996.50 440478 09/26/2025 DIRECT DEPOSIT ARSENEAU, JASON 1,648.13 440479 09/26/2025 DIRECT DEPOSIT BARAKO, STEVEN 2,657.58 440480 09/26/2025 DIRECT DEPOSIT BARTEE, JAMES 1,900.18 440481 09/26/2025 DIRECT DEPOSIT BRISTOL, SAMUEL 1,051.43 440482 09/26/2025 DIRECT DEPOSIT BROWN, LOUIS 1,130.11 440483 09/26/2025 DIRECT DEPOSIT CAROW, ELAINE 1,569.02 440484 09/26/2025 DIRECT DEPOSIT CASAS, RAY 1,586.29 440484 09/26/2025 DIRECT DEPOSIT CASAS, RAY 55.00 440485 09/26/2025 DIRECT DEPOSIT DORNEY, RONALD 1,276.18 440486 09/26/2025 DIRECT DEPOSIT ELLI, ANTON 1,766.25 440487 09/26/2025 DIRECT DEPOSIT FELTON, SHANE 1,205.71 440488 09/26/2025 DIRECT DEPOSIT GRAY, STEVEN 623.60 440489 09/26/2025 DIRECT DEPOSIT HISLE, IVAN 1,157.47 440490 09/26/2025 DIRECT DEPOSIT JASPER, RICARDO 1,725.91 440491 09/26/2025 DIRECT DEPOSIT JEFFERSON, LORENZO 3,935.88 440492 09/26/2025 DIRECT DEPOSIT LEWIS, RICCO 1,002.57 440493 09/26/2025 DIRECT DEPOSIT LUFT, MICHAEL 1,306.04 440494 09/26/2025 DIRECT DEPOSIT MORGAN, MARQUIS 1,055.14 440495 09/26/2025 DIRECT DEPOSIT NOEL, INOBERT 1,758.15 440496 09/26/2025 DIRECT DEPOSIT PANTOJA, ANTHONY 1,207.35 440497 09/26/2025 DIRECT DEPOSIT POWELL, ELIZABETH 50.00 440497 09/26/2025 DIRECT DEPOSIT POWELL, ELIZABETH 4,264.63 440498 09/26/2025 DIRECT DEPOSIT RAYNOR, JEFFREY 980.72 440499 09/26/2025 DIRECT DEPOSIT REED, JIMMY 1,375.33 440500 09/26/2025 DIRECT DEPOSIT REESE, PAUL 1,319.48 440501 09/26/2025 DIRECT DEPOSIT ROSECRANTS, PHILLIP 1,211.73 440502 09/26/2025 DIRECT DEPOSIT SCARAMUZZI, ANTHONY 1,158.88 440503 09/26/2025 DIRECT DEPOSIT SHEDAKER, MICHAEL 992.02 440504 09/26/2025 DIRECT DEPOSIT SMITH, DOUGLAS 1,344.89 440505 09/26/2025 DIRECT DEPOSIT SMITH, LORI 1,787.54 440506 09/26/2025 DIRECT DEPOSIT STAAR, MICHAEL 1,628.05 440507 09/26/2025 DIRECT DEPOSIT TEHAN, JENNIFER 1,395.35 440508 09/26/2025 DIRECT DEPOSIT VENTO, JAMES 1,379.09 440509 09/26/2025 DIRECT DEPOSIT WOODS, DANIEL 1,603.83 440510 09/26/2025 DIRECT DEPOSIT YATES, WILLIAM 2,136.38 440511 09/26/2025 DIRECT DEPOSIT BENITO, LISSELOTTE 1,440.95 440511 09/26/2025 DIRECT DEPOSIT BENITO, LISSELOTTE 25.00 440512 09/26/2025 DIRECT DEPOSIT CATAPANO, ROBERT 1,899.44 440513 09/26/2025 DIRECT DEPOSIT IDLETTE, TRISTEN 1,323.32 440514 09/26/2025 DIRECT DEPOSIT KENDRICK, MEGAN 1,669.66 440514 09/26/2025 DIRECT DEPOSIT KENDRICK, MEGAN 1,450.00 440515 09/26/2025 DIRECT DEPOSIT FLORIAN, YVONNE 1,409.34 440516 09/26/2025 DIRECT DEPOSIT LAZZARI ESTEVEZ, ANDREA 1,242.23 440517 09/26/2025 DIRECT DEPOSIT MUNROE, LESLIE 125.00 440517 09/26/2025 DIRECT DEPOSIT MUNROE, LESLIE 867.23 25 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440518 09/26/2025 DIRECT DEPOSIT AZZOLINI, DENNIS 1,865.64 440519 09/26/2025 DIRECT DEPOSIT BAKER, BENJAMIN 2,301.76 440520 09/26/2025 DIRECT DEPOSIT BALFE, RYAN 1,480.11 440521 09/26/2025 DIRECT DEPOSIT BELL, THOMAS 1,776.27 440522 09/26/2025 DIRECT DEPOSIT BERGINC, CHARLES 2,177.67 440523 09/26/2025 DIRECT DEPOSIT BESAW, BRIAN 411.18 440524 09/26/2025 DIRECT DEPOSIT BLUM, PHILIP 2,378.55 440525 09/26/2025 DIRECT DEPOSIT BURRELL, HARRY 1,772.26 440526 09/26/2025 DIRECT DEPOSIT CAIN, BRIAN 1,490.60 440527 09/26/2025 DIRECT DEPOSIT CARDELL, BURKE 1,688.47 440528 09/26/2025 DIRECT DEPOSIT CONKLIN, DANIEL 1,727.76 440529 09/26/2025 DIRECT DEPOSIT CUNNINGHAM, TODD 1,685.28 440530 09/26/2025 DIRECT DEPOSIT DRAWDY, PAULA 1,491.16 440531 09/26/2025 DIRECT DEPOSIT EDMOND, MAXIME 1,619.49 440532 09/26/2025 DIRECT DEPOSIT ELLIS, CHRISTIAN 1,312.65 440533 09/26/2025 DIRECT DEPOSIT ESQUIVEL, MARISSA 1,543.58 440534 09/26/2025 DIRECT DEPOSIT FOWLER, SCOTT 1,914.05 440535 09/26/2025 DIRECT DEPOSIT FRALIX, RIDGE 1,821.82 440536 09/26/2025 DIRECT DEPOSIT GILLETTE, TRAVIS 1,366.24 440537 09/26/2025 DIRECT DEPOSIT GORDON, LEWIS 1,294.72 440538 09/26/2025 DIRECT DEPOSIT HANSEN, SCOTT 1,893.89 440539 09/26/2025 DIRECT DEPOSIT HATFIELD, THOMAS 2,092.05 440540 09/26/2025 DIRECT DEPOSIT HAYNES, PAUL 1,303.23 440541 09/26/2025 DIRECT DEPOSIT HICKS, TROY 1,261.67 440542 09/26/2025 DIRECT DEPOSIT HILLS, JOHNATHAN 1,292.25 440543 09/26/2025 DIRECT DEPOSIT HUBLER, DARREL 2,407.48 440544 09/26/2025 DIRECT DEPOSIT JOHNSON, KHEVIN 1,356.21 440545 09/26/2025 DIRECT DEPOSIT KERSHAW, DAMON 1,415.72 440546 09/26/2025 DIRECT DEPOSIT LANCE, KENNETH 100.00 440546 09/26/2025 DIRECT DEPOSIT LANCE, KENNETH 400.00 440546 09/26/2025 DIRECT DEPOSIT LANCE, KENNETH 1,113.56 440546 09/26/2025 DIRECT DEPOSIT LANCE, KENNETH 100.00 440547 09/26/2025 DIRECT DEPOSIT LIGUORI, JAMES 1,967.66 440548 09/26/2025 DIRECT DEPOSIT MADDOX, BOBBY 25.00 440548 09/26/2025 DIRECT DEPOSIT MADDOX, BOBBY 204.79 440548 09/26/2025 DIRECT DEPOSIT MADDOX, BOBBY 875.00 440549 09/26/2025 DIRECT DEPOSIT MARVIN, GAGE 1,491.02 440550 09/26/2025 DIRECT DEPOSIT MARX, AUSTIN 1,752.49 440551 09/26/2025 DIRECT DEPOSIT MATHESON, CHRISTOPHER 2,032.25 440552 09/26/2025 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 1,747.07 440552 09/26/2025 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 385.00 440553 09/26/2025 DIRECT DEPOSIT MILAS, BARBARA 1,654.87 440554 09/26/2025 DIRECT DEPOSIT MONEY, SEBASTIAN 1,380.45 440555 09/26/2025 DIRECT DEPOSIT MORSE, JEFFREY 2,046.46 440556 09/26/2025 DIRECT DEPOSIT NELSON, BRIAN 224.00 440556 09/26/2025 DIRECT DEPOSIT NELSON, BRIAN 1,643.59 440557 09/26/2025 DIRECT DEPOSIT PEABODY, BRENT 1,930.91 440558 09/26/2025 DIRECT DEPOSIT REDDIE, FITZROY 1,903.53 440559 09/26/2025 DIRECT DEPOSIT ROONEY, ROBERT 1,636.57 440560 09/26/2025 DIRECT DEPOSIT SEALS, JAMES 250.00 440560 09/26/2025 DIRECT DEPOSIT SEALS, JAMES 1,251.60 440561 09/26/2025 DIRECT DEPOSIT SEYMOUR, SETH 1,306.67 440562 09/26/2025 DIRECT DEPOSIT SHAPIRO, ROBERT 1,940.98 440563 09/26/2025 DIRECT DEPOSIT SLEEMAN, DENISE 2,290.23 440564 09/26/2025 DIRECT DEPOSIT SMITH, MATTHEW 1,372.93 26 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440565 09/26/2025 DIRECT DEPOSIT SOTO, EMERSON 1,845.97 440566 09/26/2025 DIRECT DEPOSIT STEPHENS, LAYNE 2,596.43 440567 09/26/2025 DIRECT DEPOSIT STEPHENS, LAYNE 1,689.23 440568 09/26/2025 DIRECT DEPOSIT SUMMERFIELD, GEORGE 2,164.61 440569 09/26/2025 DIRECT DEPOSIT TARANTINO, MARK 1,512.62 440569 09/26/2025 DIRECT DEPOSIT TARANTINO, MARK 200.00 440570 09/26/2025 DIRECT DEPOSIT TRUSTY, JAMAR 2,179.00 440571 09/26/2025 DIRECT DEPOSIT VOLGARINO, CARL 1,717.86 440572 09/26/2025 DIRECT DEPOSIT WARD, HERSHEL 2,158.00 440573 09/26/2025 DIRECT DEPOSIT WILLIAMS, CHARLES 1,528.56 440574 09/26/2025 DIRECT DEPOSIT WILLIAMS, DYLAN 1,425.04 440575 09/26/2025 DIRECT DEPOSIT WILSON, WILLIAM 2,302.55 440576 09/26/2025 DIRECT DEPOSIT YOUNG, PARK 1,399.99 440577 09/26/2025 DIRECT DEPOSIT JONES, TRAVIS 1,524.61 440578 09/26/2025 DIRECT DEPOSIT LINGWOOD, ASHLEY 2,326.52 440579 09/26/2025 DIRECT DEPOSIT RODDENBERRY, OLIVIA 1,674.57 440579 09/26/2025 DIRECT DEPOSIT RODDENBERRY, OLIVIA 88.14 440580 09/26/2025 DIRECT DEPOSIT SWINDELL, WENDY 2,993.20 440581 09/26/2025 DIRECT DEPOSIT TAYLOR, JOSEPH 1,298.37 440582 09/26/2025 DIRECT DEPOSIT WATSON, JESSICA 2,287.51 440583 09/26/2025 DIRECT DEPOSIT BALL, SHELBY 1,600.64 440584 09/26/2025 DIRECT DEPOSIT HYDE, JENNIFER 3,105.12 440585 09/26/2025 DIRECT DEPOSIT LYSTLUND, DIANE 2,044.93 440586 09/26/2025 DIRECT DEPOSIT ALLEN, NANCY 1,589.20 440587 09/26/2025 DIRECT DEPOSIT BESANCON, LAURIE 1,803.79 440588 09/26/2025 DIRECT DEPOSIT HARRINGTON, LISA 1,417.26 440589 09/26/2025 DIRECT DEPOSIT JACKSON, SHAQUALIA 1,457.40 440590 09/26/2025 DIRECT DEPOSIT JONES, RONALD 3,213.15 440591 09/26/2025 DIRECT DEPOSIT LEMONS, VALERIE 1,744.95 440592 09/26/2025 DIRECT DEPOSIT MENTA, HIMANSHU 1,600.00 440592 09/26/2025 DIRECT DEPOSIT MEHTA, HIMANSHU 2,348.23 440593 09/26/2025 DIRECT DEPOSIT MENDEZ, MARISOL 777.29 440594 09/26/2025 DIRECT DEPOSIT PERSON, ANTOWAIN 1,696.19 440595 09/26/2025 DIRECT DEPOSIT STREETER, VONNIE 1,612.60 440596 09/26/2025 DIRECT DEPOSIT CASALINA, NICHOLAS 250.00 440596 09/26/2025 DIRECT DEPOSIT CASALINA, NICHOLAS 2,672.72 440597 09/26/2025 DIRECT DEPOSIT DAWKINS, PHILLIP 1,744.67 440598 09/26/2025 DIRECT DEPOSIT EVERHART, COLBY 1,594.05 440599 09/26/2025 DIRECT DEPOSIT FLOOD, DOUGLAS 420.49 440599 09/26/2025 DIRECT DEPOSIT FLOOD, DOUGLAS 1,681.97 440600 09/26/2025 DIRECT DEPOSIT GARRETT, KEITH 85.00 440600 09/26/2025 DIRECT DEPOSIT GARRETT, KEITH 1,780.99 440601 09/26/2025 DIRECT DEPOSIT GOLD, JASON 2,033.82 440602 09/26/2025 DIRECT DEPOSIT HAINES, ROBERT 1,807.54 440603 09/26/2025 DIRECT DEPOSIT LIST, TERRY 1,917.62 440604 09/26/2025 DIRECT DEPOSIT MATHIS, JEFF 1,769.13 440605 09/26/2025 DIRECT DEPOSIT MESSER, CHARLES 150.00 440605 09/26/2025 DIRECT DEPOSIT MESSER, CHARLES 2,781.01 440606 09/26/2025 DIRECT DEPOSIT MIEHLE, DANIEL 1,376.75 440607 09/26/2025 DIRECT DEPOSIT PARILLO, TRAVIS 1,880.31 440608 09/26/2025 DIRECT DEPOSIT RECTOR, MARK 1,920.54 440609 09/26/2025 DIRECT DEPOSIT SMITH, LEVI 1,908.56 440610 09/26/2025 DIRECT DEPOSIT STEFFEN, KURT 255.00 440610 09/26/2025 DIRECT DEPOSIT STEFFEN, KURT 2,632.18 440611 09/26/2025 DIRECT DEPOSIT ANDERSON, MICHAEL 51.46 27 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440611 09/26/2025 DIRECT DEPOSIT ANDERSON, MICHAEL 2,521.52 440612 09/26/2025 DIRECT DEPOSIT AUGUSTE, JEHU 1,717.04 440613 09/26/2025 DIRECT DEPOSIT BAKER, RAYMOND 20.00 440613 09/26/2025 DIRECT DEPOSIT BAKER, RAYMOND 10.00 440613 09/26/2025 DIRECT DEPOSIT BAKER, RAYMOND 2,525.70 440613 09/26/2025 DIRECT DEPOSIT BAKER, RAYMOND 250.00 440614 09/26/2025 DIRECT DEPOSIT BEARDSLEY, JOHN 2,027.12 440615 09/26/2025 DIRECT DEPOSIT BISHOP, DANIEL 246.74 440615 09/26/2025 DIRECT DEPOSIT BISHOP, DANIEL 2,220.63 440616 09/26/2025 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 125.00 440616 09/26/2025 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 2,303.60 440617 09/26/2025 DIRECT DEPOSIT CASTILLO ESCOTO, OSCAR 1,836.52 440618 09/26/2025 DIRECT DEPOSIT CORBETT, BRETT 1,984.48 440619 09/26/2025 DIRECT DEPOSIT CROSBY, WILLIAM 2,289.41 440620 09/26/2025 DIRECT DEPOSIT D'ANGELO, COLLEEN 2,405.02 440621 09/26/2025 DIRECT DEPOSIT DAILEY, LAWRENCE 2,631.69 440622 09/26/2025 DIRECT DEPOSIT EVERHART, MARK STEVE 2,114.53 440623 09/26/2025 DIRECT DEPOSIT GUERRERO, JOAH 1,903.72 440624 09/26/2025 DIRECT DEPOSIT LIBERUS, LEON 2,122.00 440624 09/26/2025 DIRECT DEPOSIT LIBERUS, LEON 700.00 440625 09/26/2025 DIRECT DEPOSIT O'CONNELL, TIMOTHY 2,041.88 440626 09/26/2025 DIRECT DEPOSIT SCHOONMAKER, JOHN 2,355.70 440627 09/26/2025 DIRECT DEPOSIT SERRANO, BILMER 2,613.79 440628 09/26/2025 DIRECT DEPOSIT TAPPEN, AARON 1,975.70 440629 09/26/2025 DIRECT DEPOSIT THIELE, MICHAEL 731.06 440629 09/26/2025 DIRECT DEPOSIT THIELE, MICHAEL 2,924.24 440630 09/26/2025 DIRECT DEPOSIT VERNON, MICHAEL 2,308.94 440631 09/26/2025 DIRECT DEPOSIT WALLACE, ALEXANDER 1,737.41 440632 09/26/2025 DIRECT DEPOSIT WHITEHEAD, ROBERT 1,843.75 440633 09/26/2025 DIRECT DEPOSIT BARRETT, SHANE 1,679.19 440634 09/26/2025 DIRECT DEPOSIT DEAN, MICHELLE 1,494.50 440635 09/26/2025 DIRECT DEPOSIT DELAPAZ, NORBERTO 1,909.14 440636 09/26/2025 DIRECT DEPOSIT DIMARCO, NICHOLAS 1,571.54 440637 09/26/2025 DIRECT DEPOSIT EVANS, JOHN 3,242.81 440638 09/26/2025 DIRECT DEPOSIT EVANS, TONY 1,417.26 440639 09/26/2025 DIRECT DEPOSIT GLENTON, JOHN 400.00 440639 09/26/2025 DIRECT DEPOSIT GLENTON, JOHN 1,554.83 440640 09/26/2025 DIRECT DEPOSIT HARRINGTON, RICHARD 1,384.36 440641 09/26/2025 DIRECT DEPOSIT HIBBARD, TOBY 1,706.46 440642 09/26/2025 DIRECT DEPOSIT JEFFERSON, LOGAN 1,458.92 440643 09/26/2025 DIRECT DEPOSIT LAMPKIN, TORYANA 1,738.65 440644 09/26/2025 DIRECT DEPOSIT LAWSON, ANDREW 4,834.69 440645 09/26/2025 DIRECT DEPOSIT LYNCH, MARKEI 1,676.69 440646 09/26/2025 DIRECT DEPOSIT MORGAN, JESSE 2,182.86 440647 09/26/2025 DIRECT DEPOSIT SIMCHICK, EDWARD 3,231.97 440648 09/26/2025 DIRECT DEPOSIT SMITH, DEWAYNE 1,583.96 440649 09/26/2025 DIRECT DEPOSIT WASHBURN, DAVID 1,943.14 440650 09/26/2025 DIRECT DEPOSIT WHITE, JOSEPH 1,791.84 440651 09/26/2025 DIRECT DEPOSIT YARUSINSKY, SEAN 1,773.78 440652 09/26/2025 DIRECT DEPOSIT ZANCA, LEONARD 1,704.88 440653 09/26/2025 DIRECT DEPOSIT ZAYATZ, DAVID 1,525.54 440654 09/26/2025 DIRECT DEPOSIT BUSH, STACEY 2,081.25 440655 09/26/2025 DIRECT DEPOSIT CARDENAS, YAIMA 1,251.80 440656 09/26/2025 DIRECT DEPOSIT MARTINEZ, SYBIA 1,240.25 440657 09/26/2025 DIRECT DEPOSIT PLOURDE, GILTON 1,651.78 28 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440658 09/26/2025 DIRECT DEPOSIT RAMOS, ANNA 1,532.60 440659 09/26/2025 DIRECT DEPOSIT CHINYANGANYA, SIPHIKELELO 2,227.01 440660 09/26/2025 DIRECT DEPOSIT SMITH, ASHLEY 546.20 440660 09/26/2025 DIRECT DEPOSIT SMITH, ASHLEY 819.29 440661 09/26/2025 DIRECT DEPOSIT VALENTIN, JEYLAND 1,547.31 440662 09/26/2025 DIRECT DEPOSIT DANIELS, KRISTIN 3,850.01 440662 09/26/2025 DIRECT DEPOSIT DANIELS, KRISTIN 1,000.00 440663 09/26/2025 DIRECT DEPOSIT FAIRCHILD, KAILEY 2,022.33 440664 09/26/2025 DIRECT DEPOSIT KRISS, ELISE 2,733.24 440665 09/26/2025 DIRECT DEPOSIT ZIRKLE, RHONDA 1,790.95 440666 09/26/2025 DIRECT DEPOSIT BACON, CHADWICK 4,236.14 440667 09/26/2025 DIRECT DEPOSIT COURNOYER, CHRISTINA 500.00 440667 09/26/2025 DIRECT DEPOSIT COURNOYER, CHRISTINA 1,296.35 440668 09/26/2025 DIRECT DEPOSIT FLORES, CARLOS 3,723.28 440669 09/26/2025 DIRECT DEPOSIT HANSEN, KEVIN 2,110.41 440670 09/26/2025 DIRECT DEPOSIT HEGI, PAULA 1,654.38 440671 09/26/2025 DIRECT DEPOSIT MOWER, BRADLEY 2,261.91 440672 09/26/2025 DIRECT DEPOSIT WARREN, ANTHONY 4,548.50 440673 09/26/2025 DIRECT DEPOSIT ARBEITER, BRIAN 2,489.30 440674 09/26/2025 DIRECT DEPOSIT CHAREST, ERIC 70.00 440674 09/26/2025 DIRECT DEPOSIT CHAREST, ERIC 3,427.17 440675 09/26/2025 DIRECT DEPOSIT DRAWDY GLASS, SIDNEY 2,010.42 440676 09/26/2025 DIRECT DEPOSIT GUERRA, REBECA 3,148.79 440677 09/26/2025 DIRECT DEPOSIT PAYAN, EDGAR 10.09 440677 09/26/2025 DIRECT DEPOSIT PAYAN, EDGAR 700.00 440678 09/26/2025 DIRECT DEPOSIT YANCHULA, KYLIE 3,955.62 440679 09/26/2025 DIRECT DEPOSIT ADAMS, AYESHA 1,399.49 440680 09/26/2025 DIRECT DEPOSIT AHRENS, DANIEL 3,332.28 440681 09/26/2025 DIRECT DEPOSIT CARBONELL, GUILLERMO 4,157.20 440682 09/26/2025 DIRECT DEPOSIT CARD, TABITHA 1,320.99 440682 09/26/2025 DIRECT DEPOSIT CARD, TABITHA 69.53 440683 09/26/2025 DIRECT DEPOSIT CHECCHI, DAVID 2,072.04 440684 09/26/2025 DIRECT DEPOSIT CHEER, WILLIAM 3,068.51 440685 09/26/2025 DIRECT DEPOSIT CLAYBURN, GRAHAM 3,764.63 440686 09/26/2025 DIRECT DEPOSIT CLEMENTS, COLBY 2,593.10 440687 09/26/2025 DIRECT DEPOSIT COLLINS, MICHAEL 50.00 440687 09/26/2025 DIRECT DEPOSIT COLLINS, MICHAEL 1,546.50 440688 09/26/2025 DIRECT DEPOSIT DENNIS, PETER 1,994.66 440689 09/26/2025 DIRECT DEPOSIT DERBY, NATHAN 2,182.90 440690 09/26/2025 DIRECT DEPOSIT DESALVO, DOMINIC 2,476.01 440691 09/26/2025 DIRECT DEPOSIT DOUTRICH, MICHAEL 4,519.23 440692 09/26/2025 DIRECT DEPOSIT DUNKERLEY, RICK 1,609.90 440693 09/26/2025 DIRECT DEPOSIT FUGATE, ASHLEY 641.31 440694 09/26/2025 DIRECT DEPOSIT GILBERT, KELLY 2,193.38 440695 09/26/2025 DIRECT DEPOSIT GLOWACKI, ANDREW 1,434.21 440696 09/26/2025 DIRECT DEPOSIT GREGORY, JULIE 1,478.42 440697 09/26/2025 DIRECT DEPOSIT HAZELLIEF, LAMBERT 3,005.49 440698 09/26/2025 DIRECT DEPOSIT HEFFNER, SCOTT 3,127.34 440699 09/26/2025 DIRECT DEPOSIT INMAN, DANIEL 2,696.20 440700 09/26/2025 DIRECT DEPOSIT LUNDEEN, ERIKA 3,700.03 440701 09/26/2025 DIRECT DEPOSIT MCADAM, SCOTT 4,462.00 440702 09/26/2025 DIRECT DEPOSIT MCFARLAND, RODNEY 1,211.77 440703 09/26/2025 DIRECT DEPOSIT MCKAY, JUSTIN 2,195.10 440704 09/26/2025 DIRECT DEPOSIT MEDECKE, JULIE 1,417.79 440705 09/26/2025 DIRECT DEPOSIT MORRIS, RUSSELL 2,685.01 29 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440706 09/26/2025 DIRECT DEPOSIT MOSSMAN, RAYMOND 1,568.14 440707 09/26/2025 DIRECT DEPOSIT NEWMAN, KATHARINE 1,303.66 440708 09/26/2025 DIRECT DEPOSIT ORCEAN, KEYETTA 1,655.18 440709 09/26/2025 DIRECT DEPOSIT PEREZ, MARELYN 1,614.04 440710 09/26/2025 DIRECT DEPOSIT POSADA, LAYLA 1,329.21 440710 09/26/2025 DIRECT DEPOSIT POSADA, LAYLA 1,000.00 440711 09/26/2025 DIRECT DEPOSIT RAMOS, NICOLAS 2,966.21 440712 09/26/2025 DIRECT DEPOSIT REEVES, CANDICE 1,831.72 440713 09/26/2025 DIRECT DEPOSIT SHAW, EVA 1,392.72 440714 09/26/2025 DIRECT DEPOSIT SHOFF, TODD 2,593.67 440715 09/26/2025 DIRECT DEPOSIT SMITH, ROBERT 2,763.47 440716 09/26/2025 DIRECT DEPOSIT ACKISON, NICHOLAS 2,163.90 440717 09/26/2025 DIRECT DEPOSIT ALEXANDER, HEATHER 1,373.68 440717 09/26/2025 DIRECT DEPOSIT ALEXANDER, HEATHER 343.42 440718 09/26/2025 DIRECT DEPOSIT BEAVERS, BRYAN 2,713.24 440719 09/26/2025 DIRECT DEPOSIT BERTON, SOLOMON 1,784.17 440720 09/26/2025 DIRECT DEPOSIT CARPENTER, PATRIC 1,604.57 440721 09/26/2025 DIRECT DEPOSIT EDDINGER, RODNEY 2,530.12 440722 09/26/2025 DIRECT DEPOSIT FONVIELLE, JARED 2,423.77 440723 09/26/2025 DIRECT DEPOSIT GOMEZ MORENO, DIANA 250.00 440723 09/26/2025 DIRECT DEPOSIT GOMEZ MORENO, DIANA 1,138.46 440723 09/26/2025 DIRECT DEPOSIT GOMEZ MORENO, DIANA 150.00 440724 09/26/2025 DIRECT DEPOSIT GORE, EDWIN 1,574.92 440725 09/26/2025 DIRECT DEPOSIT HAHN, JENNIFER 1,317.91 440726 09/26/2025 DIRECT DEPOSIT HAWKINS, NICHOLAS 1,889.58 440727 09/26/2025 DIRECT DEPOSIT LIESKE, SEAN 4,659.83 440728 09/26/2025 DIRECT DEPOSIT LOVEDAY, MICHAEL 2,978.33 440729 09/26/2025 DIRECT DEPOSIT MECKES, RICHARD 3,977.22 440730 09/26/2025 DIRECT DEPOSIT NIEMI, KARRINA 2,165.42 440731 09/26/2025 DIRECT DEPOSIT QUINTERO, IVELISSE 1,296.01 440731 09/26/2025 DIRECT DEPOSIT QUINTERO, IVELISSE 120.00 440732 09/26/2025 DIRECT DEPOSIT RAYNOR, DALLAS 1,718.10 440733 09/26/2025 DIRECT DEPOSIT RICHARDS, HOWARD 4,476.07 440734 09/26/2025 DIRECT DEPOSIT ROLAND, JESSE 2,101.53 440735 09/26/2025 DIRECT DEPOSIT SCHERF, CHARLENE 1,470.35 440736 09/26/2025 DIRECT DEPOSIT SCHRUM, MARYELLEN 1,519.73 440736 09/26/2025 DIRECT DEPOSIT SCHRUM, MARYELLEN 80.00 440737 09/26/2025 DIRECT DEPOSIT SHATARA, JIHAD 2,596.62 440738 09/26/2025 DIRECT DEPOSIT SMITH, MICHAEL 2,150.39 440739 09/26/2025 DIRECT DEPOSIT TALAVERA, PAOLA 1,946.94 440739 09/26/2025 DIRECT DEPOSIT TALAVERA, PAOLA 486.74 440740 09/26/2025 DIRECT DEPOSIT TYRPAK, CHRISTINA 1,560.94 440741 09/26/2025 DIRECT DEPOSIT VEGA, JOSE 1,931.52 440742 09/26/2025 DIRECT DEPOSIT YOUNGBLOOD, HARRISON 3,734.88 440743 09/26/2025 DIRECT DEPOSIT BUERKEL, JAMES 436.73 440744 09/26/2025 DIRECT DEPOSIT BUNNELL, JEFFREY 433.64 440745 09/26/2025 DIRECT DEPOSIT CAPPUCCIO, PATRICIA 80.57 440746 09/26/2025 DIRECT DEPOSIT CICHEWICZ, AVA 148.91 440747 09/26/2025 DIRECT DEPOSIT CLARK, JONATHAN 1,537.51 440748 09/26/2025 DIRECT DEPOSIT CONROY, JAMES 593.59 440749 09/26/2025 DIRECT DEPOSIT EMERY, HENRY 535.36 440750 09/26/2025 DIRECT DEPOSIT FAIRBANK, STEVEN 327.02 440751 09/26/2025 DIRECT DEPOSIT FOXWELL, CHRISTOPHER 233.97 440752 09/26/2025 DIRECT DEPOSIT GLAZER, HOWARD 398.26 440753 09/26/2025 DIRECT DEPOSIT GOSSELIN, MARC 559.31 30 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440754 09/26/2025 DIRECT DEPOSIT GRIGSBY, JAMES 417.37 440755 09/26/2025 DIRECT DEPOSIT HEDGECOCK, KENDALL 1,568.62 440756 09/26/2025 DIRECT DEPOSIT HOOT, CHARLES 563.22 440757 09/26/2025 DIRECT DEPOSIT KENNEDY, PATRICK 574.88 440758 09/26/2025 DIRECT DEPOSIT KLERLEIN, PAUL 1,253.79 440759 09/26/2025 DIRECT DEPOSIT LIESKE, NANETTE 617.00 440760 09/26/2025 DIRECT DEPOSIT MAHONEY, FRANCIS 348.03 440761 09/26/2025 DIRECT DEPOSIT MAXFIELD, DONALD 811.37 440762 09/26/2025 DIRECT DEPOSIT MCMANUS, HERBERT 461.48 440763 09/26/2025 DIRECT DEPOSIT NAGY, BELA 3,475.81 440764 09/26/2025 DIRECT DEPOSIT NORRMAN, ROY 445.99 440765 09/26/2025 DIRECT DEPOSIT PINE, MARK 677.95 440766 09/26/2025 DIRECT DEPOSIT REGAN, JAMES 744.74 440767 09/26/2025 DIRECT DEPOSIT SMITH, DONALD 258.57 440768 09/26/2025 DIRECT DEPOSIT TESSIER, JOHN 347.09 440769 09/26/2025 DIRECT DEPOSIT TOOF, BRIAN 744.35 440770 09/26/2025 DIRECT DEPOSIT TYNER, JAMES 542.29 440771 09/26/2025 DIRECT DEPOSIT SMILOVICH, MICHAEL 2,747.72 440772 09/26/2025 DIRECT DEPOSIT IVEY, LILIAN RACHEL 15.00 440772 09/26/2025 DIRECT DEPOSIT IVEY, LILIAN RACHEL 2,392.52 440772 09/26/2025 DIRECT DEPOSIT IVEY, LILIAN RACHEL 300.00 440773 09/26/2025 DIRECT DEPOSIT CAWLEY, MATTHEW 2,338.92 440774 09/26/2025 DIRECT DEPOSIT MACKINNON, JENNIFER 3,148.12 440775 09/26/2025 DIRECT DEPOSIT PFEIFER, MATTHEW 2,557.97 440776 09/26/2025 DIRECT DEPOSIT WEST, ROSE 1,301.59 440777 09/26/2025 DIRECT DEPOSIT BALSAMO, THOMAS 1,625.00 440777 09/26/2025 DIRECT DEPOSIT BALSAMO, THOMAS 821.89 440778 09/26/2025 DIRECT DEPOSIT BETHEL, MICHAEL 2,139.35 440779 09/26/2025 DIRECT DEPOSIT DIETRICH, ERIC 2,285.75 440780 09/26/2025 DIRECT DEPOSIT DIXON, CRESHENA 2,371.07 440781 09/26/2025 DIRECT DEPOSIT GLASS, ZACHARY 1,828.13 440782 09/26/2025 DIRECT DEPOSIT HAMBERGER, DAREN 2,283.55 440783 09/26/2025 DIRECT DEPOSIT HARVEY, ERIK 4,115.07 440784 09/26/2025 DIRECT DEPOSIT HISH, ANDREW 2,807.37 440785 09/26/2025 DIRECT DEPOSIT JOHNSON, SCOTT 2,946.69 440786 09/26/2025 DIRECT DEPOSIT MALDONADO, JASSON 2,130.76 440786 09/26/2025 DIRECT DEPOSIT MALDONADO, JASSON 170.00 440787 09/26/2025 DIRECT DEPOSIT MCGRADY, MICHAEL 1,943.67 440788 09/26/2025 DIRECT DEPOSIT MILLER, RACHEAL 371.93 440788 09/26/2025 DIRECT DEPOSIT MILLER, RACHEAL 2,100.00 440788 09/26/2025 DIRECT DEPOSIT MILLER, RACHEAL 200.00 440789 09/26/2025 DIRECT DEPOSIT MOHAJER, SHOGHI 1,673.96 440790 09/26/2025 DIRECT DEPOSIT NOVAK, NATALIE 1,634.41 440791 09/26/2025 DIRECT DEPOSIT PORTWOOD, ZACHARY 3,052.50 440792 09/26/2025 DIRECT DEPOSIT SCHULENBURG, KAI 1,760.54 440793 09/26/2025 DIRECT DEPOSIT TRUMBLE, JEREMY 1,794.67 440794 09/26/2025 DIRECT DEPOSIT VARGAS, JONATHAN 2,476.98 440795 09/26/2025 DIRECT DEPOSIT WILLIAMS, ADAM 2,011.99 440796 09/26/2025 DIRECT DEPOSIT BAKER, RANDY 2,059.21 440797 09/26/2025 DIRECT DEPOSIT DEMERS, ZACHARY 1,577.69 440798 09/26/2025 DIRECT DEPOSIT LEVER, EDWARD 1,769.88 440799 09/26/2025 DIRECT DEPOSIT MILLER, ROBERT LEO 2,051.35 440800 09/26/2025 DIRECT DEPOSIT NOE, REYLIND 1,372.92 440801 09/26/2025 DIRECT DEPOSIT REDMOND, LAWRENCE 1,607.32 440802 09/26/2025 DIRECT DEPOSIT STILLWAGGON, ROBERT 1,431.16 31 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440803 09/26/2025 DIRECT DEPOSIT CLARK, LUANNE 40.00 440803 09/26/2025 DIRECT DEPOSIT CLARK, LUANNE 1,943.21 440804 09/26/2025 DIRECT DEPOSIT JAVED, ADNAN 100.00 440804 09/26/2025 DIRECT DEPOSIT JAVED, ADNAN 250.00 440804 09/26/2025 DIRECT DEPOSIT JAVED, ADNAN 250.00 440804 09/26/2025 DIRECT DEPOSIT JAVED, ADNAN 250.00 440804 09/26/2025 DIRECT DEPOSIT JAVED, ADNAN 2,914.00 440804 09/26/2025 DIRECT DEPOSIT JAVED, ADNAN 250.00 440805 09/26/2025 DIRECT DEPOSIT BREEN, KRISTEN 1,438.89 440806 09/26/2025 DIRECT DEPOSIT CUNDIFF, KART 2,033.66 440807 09/26/2025 DIRECT DEPOSIT EANES, MICAH 1,723.68 440808 09/26/2025 DIRECT DEPOSIT EDWARDS, JUSTIN 1,617.27 440809 09/26/2025 DIRECT DEPOSIT HAMILTON, DUANE 1,983.70 440810 09/26/2025 DIRECT DEPOSIT HULLEN, DANIEL 1,974.48 440811 09/26/2025 DIRECT DEPOSIT INGLETT, REGINALD 2,164.69 440812 09/26/2025 DIRECT DEPOSIT KEITH, DONALD 1,914.22 440812 09/26/2025 DIRECT DEPOSIT KEITH, DONALD 350.00 440813 09/26/2025 DIRECT DEPOSIT MATHIS, RICHARD 550.00 440813 09/26/2025 DIRECT DEPOSIT MATHIS, RICHARD 1,498.13 440814 09/26/2025 DIRECT DEPOSIT MOORE, JEREMY 1,442.73 440815 09/26/2025 DIRECT DEPOSIT OOLEY, DANNY 2,936.77 440816 09/26/2025 DIRECT DEPOSIT REICHENBACH, RICHARD 2,807.65 440817 09/26/2025 DIRECT DEPOSIT RILEY, MARK 1,831.48 440818 09/26/2025 DIRECT DEPOSIT ROBERTSON, CRAIG 1,154.56 440819 09/26/2025 DIRECT DEPOSIT RUSSELL, STEPHEN 1,679.31 440820 09/26/2025 DIRECT DEPOSIT SABOT, DENISE 1,335.53 440821 09/26/2025 DIRECT DEPOSIT SCHRYVER, DAVID 4,345.36 440822 09/26/2025 DIRECT DEPOSIT SILON, DAVID 3,465.11 440823 09/26/2025 DIRECT DEPOSIT SKOK, ROBERT 3,322.64 440824 09/26/2025 DIRECT DEPOSIT SLUTSKY, BETTY 1,145.49 440825 09/26/2025 DIRECT DEPOSIT SMITH, WENDY 2,656.39 440826 09/26/2025 DIRECT DEPOSIT SNYDER, CHELSEA 1,811.88 440827 09/26/2025 DIRECT DEPOSIT SOYKA, MATTHEW 3,627.94 440828 09/26/2025 DIRECT DEPOSIT STANTON, JOHN 1,945.28 440829 09/26/2025 DIRECT DEPOSIT STAUDT, MICHAEL 2,392.17 440830 09/26/2025 DIRECT DEPOSIT THOMPSON, STEVEN 1,271.07 440830 09/26/2025 DIRECT DEPOSIT THOMPSON, STEVEN 25.00 440831 09/26/2025 DIRECT DEPOSIT TOBAR, ROBERT 83.10 440831 09/26/2025 DIRECT DEPOSIT TOBAR, ROBERT 2,291.32 440832 09/26/2025 DIRECT DEPOSIT WILLIAMS, JILL 45.93 440832 09/26/2025 DIRECT DEPOSIT WILLIAMS, JILL 2,250.59 440833 09/26/2025 DIRECT DEPOSIT HELTEMES, ADAM 3,096.51 440834 09/26/2025 DIRECT DEPOSIT ANDERSON, AMY 1,936.08 440835 09/26/2025 DIRECT DEPOSIT BLUME, JEFFREY 1,410.89 440836 09/26/2025 DIRECT DEPOSIT BURGESS, TIMOTHY 2,509.31 440837 09/26/2025 DIRECT DEPOSIT CAIN, BRANDON 2,059.49 440838 09/26/2025 DIRECT DEPOSIT DEFRONZO, JOSEPH 792.05 440838 09/26/2025 DIRECT DEPOSIT DEFRONZO, JOSEPH 3,168.22 440839 09/26/2025 DIRECT DEPOSIT DEMOSTHENE, ARIEVE 181.53 440839 09/26/2025 DIRECT DEPOSIT DEMOSTHENE, ARIEVE 2,411.71 440840 09/26/2025 DIRECT DEPOSIT HALE, DANIEL 800.00 440840 09/26/2025 DIRECT DEPOSIT HALE, DANIEL 885.70 440841 09/26/2025 DIRECT DEPOSIT HOFFMAN, CHRISTOPHER 1,434.58 440842 09/26/2025 DIRECT DEPOSIT LAFFEY, ALEXANDER 2,685.74 440843 09/26/2025 DIRECT DEPOSIT LOCKE, DEREK 1,742.65 32 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440844 09/26/2025 DIRECT DEPOSIT LYNCH, IENESA 1,482.63 440845 09/26/2025 DIRECT DEPOSIT MASON, STACIE 1,697.60 440846 09/26/2025 DIRECT DEPOSIT MICHAEL, ANDREW 600.00 440846 09/26/2025 DIRECT DEPOSIT MICHAEL, ANDREW 1,358.30 440847 09/26/2025 DIRECT DEPOSIT NIELSEN, RONALD 1,494.30 440848 09/26/2025 DIRECT DEPOSIT PRYOR, WILLIAM 1,133.01 440849 09/26/2025 DIRECT DEPOSIT RATLIFF, JENNIFER 1,365.76 440850 09/26/2025 DIRECT DEPOSIT RYAN, MICHAEL 1,316.07 440851 09/26/2025 DIRECT DEPOSIT SMITH, EARLENE JEAN 50.00 440851 09/26/2025 DIRECT DEPOSIT SMITH, EARLENE JEAN 1,924.30 440852 09/26/2025 DIRECT DEPOSIT STAGGS, MICHAEL 1,524.57 440853 09/26/2025 DIRECT DEPOSIT SUGDEN, CHRIS 550.00 440853 09/26/2025 DIRECT DEPOSIT SUGDEN, CHRIS 1,023.47 440854 09/26/2025 DIRECT DEPOSIT WHEATLEY, DAVID 960.83 440854 09/26/2025 DIRECT DEPOSIT WHEATLEY, DAVID 960.83 440855 09/26/2025 DIRECT DEPOSIT WHITTINGTON, MICHAEL 1,861.39 440856 09/26/2025 DIRECT DEPOSIT XAVIER, HENRRYQUE 1,561.89 440857 09/26/2025 DIRECT DEPOSIT LEY, JUDY 300.00 440857 09/26/2025 DIRECT DEPOSIT LEY, JUDY 1,345.63 440858 09/26/2025 DIRECT DEPOSIT STANTON, CYNTHIA 3,862.61 440859 09/26/2025 DIRECT DEPOSIT BOHANNON, FAITH 1,784.17 440860 09/26/2025 DIRECT DEPOSIT CONNELL, KYLE 1,247.21 440861 09/26/2025 DIRECT DEPOSIT DIXON, GERALD 550.00 440861 09/26/2025 DIRECT DEPOSIT DIXON, GERALD 1,616.65 440862 09/26/2025 DIRECT DEPOSIT HUMMEL, ERIC 3,061.87 440863 09/26/2025 DIRECT DEPOSIT LARAMIE, BRIANNA 1,386.62 440864 09/26/2025 DIRECT DEPOSIT MEAD, DERIC 2,391.91 440865 09/26/2025 DIRECT DEPOSIT OGILVIE, JASON 2,542.92 440866 09/26/2025 DIRECT DEPOSIT RIMES, BRIAN 687.28 440867 09/26/2025 DIRECT DEPOSIT WEST, JEFFREY 2,272.23 440868 09/26/2025 DIRECT DEPOSIT KELLEHER, LYNNE 1,140.90 440869 09/26/2025 DIRECT DEPOSIT LOBO, EDWINA 627.60 440870 09/26/2025 DIRECT DEPOSIT BROWN, JILL 971.89 440870 09/26/2025 DIRECT DEPOSIT BROWN, JILL 200.00 440871 09/26/2025 DIRECT DEPOSIT FLAK, SUSAN 2,235.39 440872 09/26/2025 DIRECT DEPOSIT ALEXA, MICHELE 2,039.82 440873 09/26/2025 DIRECT DEPOSIT BLAKE, SYDNEY 1,216.82 440874 09/26/2025 DIRECT DEPOSIT BROWN, JAMEKA 1,487.49 440875 09/26/2025 DIRECT DEPOSIT CHAMBERS, JASON 1,247.94 440876 09/26/2025 DIRECT DEPOSIT DANIELS, DOUGLAS 1,285.59 440877 09/26/2025 DIRECT DEPOSIT DEVITIS, CRISTI 1,361.21 440878 09/26/2025 DIRECT DEPOSIT FISHER, GEORGE 1,898.91 440879 09/26/2025 DIRECT DEPOSIT GAGNON, SHAWN 1,954.27 440880 09/26/2025 DIRECT DEPOSIT GILMER, THOMAS 1,584.53 440881 09/26/2025 DIRECT DEPOSIT HOUSING, ERICA 1,609.35 440882 09/26/2025 DIRECT DEPOSIT HUDSON, ANDREA 25.00 440882 09/26/2025 DIRECT DEPOSIT HUDSON, ANDREA 924.38 440882 09/26/2025 DIRECT DEPOSIT HUDSON, ANDREA 275.00 440883 09/26/2025 DIRECT DEPOSIT JOHNSON, BENJAMIN 1,526.51 440884 09/26/2025 DIRECT DEPOSIT KNIEF, MARK 1,761.38 440885 09/26/2025 DIRECT DEPOSIT LLOYD, HEATHER 1,942.17 440886 09/26/2025 DIRECT DEPOSIT MACKEY, MISTY 1,364.50 440887 09/26/2025 DIRECT DEPOSIT MARTIN, ANGELA 1,380.22 440888 09/26/2025 DIRECT DEPOSIT MROTZ, LOUONNIE 1,532.03 440889 09/26/2025 DIRECT DEPOSIT NOVAK, TRISTAN 1,278.97 33 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440890 09/26/2025 DIRECT DEPOSIT O'CONNOR, SHANNON 1,135.25 440891 09/26/2025 DIRECT DEPOSIT PATTON, LISA 2,123.99 440892 09/26/2025 DIRECT DEPOSIT PECHENIK, DEBRA 817.16 440893 09/26/2025 DIRECT DEPOSIT PERGOLA, ANITA 1,417.09 440894 09/26/2025 DIRECT DEPOSIT ROBERTS, BRADLEY 1,630.38 440895 09/26/2025 DIRECT DEPOSIT SANTISO, DANIEL 303.14 440895 09/26/2025 DIRECT DEPOSIT SANTISO, DANIEL 1,300.00 440896 09/26/2025 DIRECT DEPOSIT SCHLUSBERG, JOSEPH 1,307.14 440897 09/26/2025 DIRECT DEPOSIT SOVINE, CARL 1,338.94 440898 09/26/2025 DIRECT DEPOSIT SPOFFORD, JANET 809.57 440899 09/26/2025 DIRECT DEPOSIT AUSTIN, KENNETH 1,869.67 440900 09/26/2025 DIRECT DEPOSIT BRADDY, MARTY 50.00 440900 09/26/2025 DIRECT DEPOSIT BRADDY, MARTY 2,108.58 440901 09/26/2025 DIRECT DEPOSIT COLVIN, THOMAS 2,402.19 440902 09/26/2025 DIRECT DEPOSIT COMPTON, THOMAS 1,425.49 440902 09/26/2025 DIRECT DEPOSIT COMPTON, THOMAS 158.39 440903 09/26/2025 DIRECT DEPOSIT DEPINHO, CHARLES 2,574.89 440904 09/26/2025 DIRECT DEPOSIT DISMUKE, WESTON 1,292.75 440905 09/26/2025 DIRECT DEPOSIT FLOOD, STEPHEN 2,140.58 440906 09/26/2025 DIRECT DEPOSIT FORBES, TENNYSON 1,890.17 440907 09/26/2025 DIRECT DEPOSIT FORMAN, SCOTT 1,232.83 440908 09/26/2025 DIRECT DEPOSIT FORMAN, SHANE 1,723.85 440909 09/26/2025 DIRECT DEPOSIT FRISBY, CHRISTOPHER 1,826.61 440910 09/26/2025 DIRECT DEPOSIT FULLER, STEVEN 2,108.84 440911 09/26/2025 DIRECT DEPOSIT JORDAN, SHAWN 1,916.90 440912 09/26/2025 DIRECT DEPOSIT KISSELBACK, JOSEPH 1,416.07 440913 09/26/2025 DIRECT DEPOSIT PATTERSON, TYLER 1,261.00 440914 09/26/2025 DIRECT DEPOSIT PATTESON, SCOTT 869.57 440914 09/26/2025 DIRECT DEPOSIT PATTESON, SCOTT 750.00 440915 09/26/2025 DIRECT DEPOSIT SANTAMARIA, JEFFREY 2,196.57 440916 09/26/2025 DIRECT DEPOSIT SAWYER, CRAIG 2,212.45 440917 09/26/2025 DIRECT DEPOSIT STAMBAUGH, JOHNNY 400.00 440917 09/26/2025 DIRECT DEPOSIT STAMBAUGH, JOHNNY 2,270.39 440918 09/26/2025 DIRECT DEPOSIT STRAUSS, BRIAN 1,168.58 440919 09/26/2025 DIRECT DEPOSIT WAGNER, DANIEL 2,022.17 440920 09/26/2025 DIRECT DEPOSIT WEBB, ROBERT 2,081.09 440921 09/26/2025 DIRECT DEPOSIT YOUNG, GERALD 800.00 440921 09/26/2025 DIRECT DEPOSIT YOUNG, GERALD 1,162.96 440922 09/26/2025 DIRECT DEPOSIT ACUNA, SHAYNE 2,562.74 440923 09/26/2025 DIRECT DEPOSIT ADRIANCE, TIMOTHY 3,109.88 440924 09/26/2025 DIRECT DEPOSIT BACON, VAN 1,615.94 440924 09/26/2025 DIRECT DEPOSIT BACON, VAN 346.27 440924 09/26/2025 DIRECT DEPOSIT BACON, VAN 346.28 440925 09/26/2025 DIRECT DEPOSIT BARDWELL, TIMONTRAYE 1,568.81 440926 09/26/2025 DIRECT DEPOSIT BESANCON, MARK 100.00 440926 09/26/2025 DIRECT DEPOSIT BESANCON, MARK 2,818.14 440927 09/26/2025 DIRECT DEPOSIT BOWEN, CHAD 2,704.26 440928 09/26/2025 DIRECT DEPOSIT BRANDON, DEVIN 1,213.30 440929 09/26/2025 DIRECT DEPOSIT FOLEY, SHANE 1,871.90 440930 09/26/2025 DIRECT DEPOSIT FREEMAN, KEITH 1,387.03 440931 09/26/2025 DIRECT DEPOSIT GOLFE, GREGORY 1,595.84 440931 09/26/2025 DIRECT DEPOSIT GOLFE, GREGORY 100.00 440932 09/26/2025 DIRECT DEPOSIT HAMLETT, ROBERT 1,280.53 440933 09/26/2025 DIRECT DEPOSIT HANSON, CHRISTOPHER 2,189.61 440934 09/26/2025 DIRECT DEPOSIT HAWKINS, DUKE 2,559.66 34 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 440935 09/26/2025 DIRECT DEPOSIT HERRON, LAURA 1,458.84 440936 09/26/2025 DIRECT DEPOSIT LEE, TERRENCE 1,989.11 440937 09/26/2025 DIRECT DEPOSIT LESTER, JEROME 2,106.61 440938 09/26/2025 DIRECT DEPOSIT LONGACRE, KENNETH 2,518.41 440939 09/26/2025 DIRECT DEPOSIT MORTKA, MATTHEW 1,544.41 440940 09/26/2025 DIRECT DEPOSIT MOTT, KODY 2,097.65 440941 09/26/2025 DIRECT DEPOSIT RICHARDS, GARRET 1,614.99 440942 09/26/2025 DIRECT DEPOSIT ROFF, IAYDEN 1,632.57 440943 09/26/2025 DIRECT DEPOSIT SHARPE, JAMES 1,766.03 440944 09/26/2025 DIRECT DEPOSIT STANTON, KASSI 1,277.55 440945 09/26/2025 DIRECT DEPOSIT TATUM, ROYCE 3,106.38 440946 09/26/2025 DIRECT DEPOSIT WILLIS, EDDRICK 3,452.73 440947 09/26/2025 DIRECT DEPOSIT ZIMEI, BENJAMIN 2,829.68 440948 09/26/2025 DIRECT DEPOSIT BLANCO PEREZ, YULIEN 1,573.53 440949 09/26/2025 DIRECT DEPOSIT CHAMPAGNE, SAMUEL 1,483.21 440950 09/26/2025 DIRECT DEPOSIT EVANS, AUSTIN 1,324.89 440951 09/26/2025 DIRECT DEPOSIT GRASSO, NICHOLAS 1,809.38 440952 09/26/2025 DIRECT DEPOSIT HATALA, BROCK 2,283.91 440953 09/26/2025 DIRECT DEPOSIT HOVEY, STORM 1,193.14 440954 09/26/2025 DIRECT DEPOSIT MAJOR, TRAVIOUS 1,895.18 440955 09/26/2025 DIRECT DEPOSIT PERALTA, ALEXIS 2,206.43 440956 09/26/2025 DIRECT DEPOSIT THORNE, MICHAEL 550.00 440956 09/26/2025 DIRECT DEPOSIT THORNE, MICHAEL 250.00 440956 09/26/2025 DIRECT DEPOSIT THORNE, MICHAEL 1,213.22 440957 09/26/2025 DIRECT DEPOSIT MCINTYRE- MEISENBURG, MELISSA 2,198.05 768953 09/26/2025 CHECK MATTHES, LAURA 2,717.06 768954 09/26/2025 CHECK COMBS, RONNIE 997.98 768955 09/26/2025 CHECK SHIELDS, EMMA 94.55 768956 09/26/2025 DIRECT DEPOSIT JUARBE, THALIA 572.78 768956 09/26/2025 CHECK JUARBE, THALIA 572.78 768957 09/26/2025 CHECK WILLIAMS, SOPHIA 507.36 768958 09/26/2025 CHECK TKACH,JOSEPH 799.51 768959 09/26/2025 CHECK BALTER, CHRISTOPHER 7,836.70 768960 09/26/2025 DIRECT DEPOSIT BELL, CRAIG 400.00 768960 09/26/2025 CHECK BELL, CRAIG 1,237.30 768961 09/26/2025 DIRECT DEPOSIT MEND, JULIANNE 165.41 768961 09/26/2025 CHECK MENO,JULIANNE 937.29 768962 09/26/2025 CHECK JONES, MAKAYLA 631.53 768963 09/26/2025 DIRECT DEPOSIT GIBSON, KEVIN 125.00 768963 09/26/2025 CHECK GIBSON, KEVIN 2,657.56 768964 09/26/2025 DIRECT DEPOSIT HORNE, BRIAN 1,750.00 768964 09/26/2025 DIRECT DEPOSIT HORNE, BRIAN 25.00 768964 09/26/2025 CHECK HORNE, BRIAN 409.71 768965 09/26/2025 CHECK RICHARDSON, MARK 2,047.37 768966 09/26/2025 CHECK PAYNE, GEORGE 2,386.16 768967 09/26/2025 CHECK ROSA, BOAZ 1,467.86 768968 09/26/2025 DIRECT DEPOSIT BARKWELL, MICHAEL 25.00 768968 09/26/2025 CHECK BARKWELL, MICHAEL 2,297.15 768969 09/26/2025 CHECK WAPPES, SARA 1,780.23 2359 09/24/2025 PRINTED YATES AND SCHILLER PA 750.00 2360 09/24/2025 PRINTED WHITEBIRD PLLC 6,968.74 2361 09/26/2025 PRINTED CSM IN TRUST FOR UNITED SERVICES AUTOMOBILE ASSOC 12,775.15 57675 09/22/2025 PRINTED JUSTIN DUKE 656.93 57676 09/23/2025 PRINTED INJURED WORKERS PHARMACY LLC 2,186.82 57677 09/23/2025 PRINTED SELECT PROVIDER NETWORKS, INC. 263.01 35 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 57678 09/23/2025 PRINTED CARDIOLOGY PARTNERS PL 182.49 57679 09/23/2025 PRINTED APRICUS SPECIALTY NETWORKS LLC 216.44 57680 09/23/2025 PRINTED BRIAN BESAW 905.02 57681 09/24/2025 PRINTED ORLANDO HEALTH MEDICAL GROUP 195.20 57682 09/24/2025 PRINTED CARDIOLOGY PARTNERS PL 69.42 57683 09/24/2025 PRINTED APRICUS SPECIALTY NETWORKS LLC 80.77 57684 09/24/2025 PRINTED APRICUS SPECIALTY NETWORKS LLC 202.06 57685 09/24/2025 PRINTED INJURED WORKERS PHARMACY LLC 490.01 57686 09/24/2025 PRINTED APRICUS SPECIALTY NETWORKS LLC 151.56 57687 09/24/2025 PRINTED INDIAN RIVER BOARD OF COUNTY COMM 2,590.00 57688 09/25/2025 PRINTED INDIAN RIVER BOARD OF COUNTY COMM 2,590.00 57689 09/26/2025 PRINTED MITCHELL SCRIPTADVISOR 67.55 57690 09/26/2025 PRINTED APRICUS SPECIALTY NETWORKS LLC 114.94 57691 09/26/2025 PRINTED FIRST RESPONDERS PHARMACY 2,920.12 57692 09/26/2025 PRINTED EZ HEALTH CARE 47.25 57693 09/26/2025 PRINTED SELECT PROVIDER NETWORKS, INC. 153.48 57694 09/26/2025 PRINTED CLAIMPAY INC 231.28 57695 09/26/2025 PRINTED BICHLER & LLONGO PLLC 617.08 6,602,815.92 36 V8 Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * * indianriver.gov �A MEMORANDUM File ID: 25-0929 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cynthia Emerson, Community Services Director FROM: Megan Kendrick, Human Services Administrator DATE: October 21, 2025 SUBJECT: Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2026-2027 BACKGROUND Each year, in accordance with Section 103.24(2)(a) of the Indian River County Code, the Children's Services Advisory Committee (CSAC) initiates the children's services grant process for the upcoming fiscal year by identifying and assessing the needs of children in Indian River County. The 2024-2027 Children's Services Needs Assessment Plan was approved by the Board of County Commissioners (BOCC) on December 26, 2023. On October 14, 2025, the CSAC Main Committee reviewed the 2026-2027 CSAC Needs Assessment Executive Summary, and approved the 2026-2027 Request for Proposal (RFP), the Grant Application, and the Agency Grant Contract for fiscal year 2026-2027. ANALYSIS Over the past year, the CSAC Needs Assessment Subcommittee conducted a comprehensive review of new data, creating an Executive Summary of their findings and reaffirming the current funding priorities: 1. Health & Well -Being 2. Nurturing Families & Communities 3. Success in School & Life Focus areas and data indicators remain aligned with each funding priority, reflecting the needs identified through previous assessments and ongoing analysis. The CSAC Grants Subcommittee conducted a thorough review of the RFP and grant application process, resulting in the following updates: ❑ Strengthening organizational capacity and financial responsibility requirements. ❑ Increased transparency in program evaluation and administrative expectations. Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 powemV LegistarT ❑ Further strengthen the detailed scoring rubric to enhance the quality of grant submissions and ensure inter -rater reliability during the scoring process. The updated RFP and Grant Application reflect these improvements and continue to align with the identified priorities, supporting programs that effectively address the needs of children and families in Indian River County. Additional updates and supporting documents are highlighted in the attachment. BUDGETARYIMPACT There is no funding associated with this item, as it is just approval of the Request for Proposal (RFP), the Grant Application, and the Agency Grant Contract for fiscal year 2026-2027. PREVIOUS BOARD ACTIONS Board approved the Request for Proposal (RFP), Grant Application, and Agency Grant Contract for FY 2025- 2026 on 01/28/2025. POTENTIAL FUTURE BOARD ACTIONS Approval of amendments to the Agency Grant Contract for Fiscal Year 2026-2027, as needed and approval of the Request for Proposal (RFP), Grant Application, and Agency Grant Contract for Fiscal Year 2027-2028. STRATEGIC PLAN ALIGNMENT Quality of Life OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends that the Board accept the RFP, the Grant Application, and the Agency Grant Contract for FY 2026-2027 as submitted and authorize the County Administrator to execute the individual contracts after review and approval by the County Attorney. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 powererj jay Legistar l" Fiscal Year 2026-2027 Request for Proposal Children's Services Advisory Committee Indian River County Board of County Commissioners Section 103.20. Purpose �"* . The purpose of the Children's Services Advisory Committee (CSAC) is to promote the health and well- being of children in Indian River County. A "healthy" community is defined as one that supports socioeconomic, physical, environmental, educational, and behavioral health. Section 103.21. Objective 1. Unified Planning System: Identify, target, evaluate, and address the needs of children in Indian River County. 2. Definition of a Child: Any individual under the age of 18 years. 3. Committee Functions: o Recommend services to enhance children's general well-being. o Collect data and research to guide decision-making. o Collaborate with other agencies to prevent service duplication. o Allocate funds to agencies providing essential services. o Establish and monitor evidence -based outcomes for funded programs. o Employ staff as necessary to support committee operations. Mission Statement The mission of CSAC is to promote the health and well-being of children in a healthy community. The term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental, and educational health. Vision Statement The objective of the Children's Services Advisory Committee is to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. The Children's Services Advisory Committee will actively endeavor to develop a shared vision for the health and human services delivery system in Indian River County, enabling all funding sources and providers to define and perform their roles in a collaborative, effective and dynamically changing environment. CSAC strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation. 39 Overarching Goals • Children's Success: Enhance their capacity to transition into adulthood safely and productively. • Caregiver Support: Equip caregivers to guide children effectively. Funding Criteria Programs must address the needs of children and families in Indian River County. Proposals will be evaluated by the Grant Review Subcommittee using the following criteria: • Organizational capability and experience. • Evidence -based outcomes from prior years. • Clearly defined goals and objectives. • Methodology and coordination with other providers. • Robust evaluation design. • Cost-effectiveness and sustainability. • Services addressing identified needs in the community. • Focus on neighborhood -based or local initiatives. • Alignment with specified strategies. • Completeness and clarity of the application. Priority Areas and Focus Derived from the 2024-2029 Needs Assessment, funding priorities are: 1. Health and Well-being o Access to prenatal care. o Positive behavioral health interventions. o Promotion of physical health. o Programs for students with special needs. 2. Nurturing Families and Communities o Reduction of childhood adversity and abuse. o Decrease in juvenile delinquency. 3. Success in School and Life o Kindergarten readiness. o Academic improvement. o Increased attendance. o College and career pathways. 40 Funding Process and Timeline • RFP Opens: January 2026 • Proposal Deadline: March 31, 2026 by 5:00 PM (submitted via e-CImpact). Late proposals will not be accepted. • Grant Presentations and Review: May 13,14, 15, and 20, 2026. • Funding Recommendations: June 2026 (presented to CSAC and approved by the Board of County Commissioners). • Contract Finalization: September 2026. Contracts effective from October 1, 2026, to September 30, 2027. Disqualification Criteria • Missing liability insurance documentation. • Incomplete proposals or missing certifications. • Non-compliance with deadlines. Requirements for Funded Agencies • Acknowledge CSAC and Indian River County in all promotional materials. • Submit financial audits (for grants exceeding $100,000). • Provide tax documentation (for-profit applicants). Special Terms and Conditions • Performance Period: October 1, 2026, to September 30, 2027. • Invoicing and Payments: Reimbursement basis, with strict quarterly limits. Non -reimbursable expenses include food, travel unrelated to the program, and expenses incurred before the grant period. Supporting Documents Checklist Agencies must provide the following documents with their application: 1. Most recent 990s 2. Most recent W9 3. List of current Officers and Directors (include addresses for each). 4. Board minutes from the past 12 months. 5. Most recent Internal Financial Statement (Profit & Loss or Balance Sheet). 6. Staff Organizational Chart. 41 7. Most recent Annual Report (if available). 8. 501(c)(3) IRS Exemption Letter. 9. Articles of Incorporation. 10. Agency Bylaws. 11. Agency's written policy regarding Affirmative Action. 12. Evidence of Liability and Workers Compensation Insurance. 13. Board -approved Strategic Plan (if available). 14. Sworn Statement Under Section 105.08, Indian River County Code on Disclosure of Relationships. 15. Program Salaries Budget. 16. Survey Tools. 17. Program Outcomes Report. 18. Evidence of School District Partnership. 19. Evidence of Agency Collaboration. 20. Most recent fiscal year audited or reviewed financial statements OR 2 fiscal years of internal financial statements (Balance Sheet and Income Statement). Select from: o Audited Financial Statement with Attestation Report o Internal Control Letters of Weakness or Deficiencies (If Any Found in Audit) o Reviewed Financial Statement 0 2 Years of Internal Financial Statements o Bank statement and reconciliation for most recent fiscal year-end operating account. 21. Solicitation of Contributions (Department of Agriculture) 22. Example of supporting documents planned for reimbursement under the grant (including timelines for submittals). AmIkk Public Records Statement Ir All submitted materials become public records and the property of the Indian River Board of County Commissioners. The CSAC and Board of County Commissioners reserve the right to reject any or all proposals, waive deficiencies, and award contracts in the best interest of Indian River County children. 42 PRIORITY OF FUNDING A comprehensive, community -wide needs assessment provides valuable information to help guide the Children Services Advisory Committee (CSAC) in identifying essential children's services and areas of focus to address both the unmet and under -met needs of children. The funding priorities are the result of the 2024-2029 Children's Needs Assessment. The assessment identified three primary priorities: Health and Well-being, Nurturing Families and Communities, and Success in School and Life Each priority its comprised of specific focus areas ranked in order of priority and associated data indicators, eophasizing prevention, early identification/intervention, and the pivotal role of building parent/guardion capacity in children's services. This proactive approach aims to address potential challenges before they escalate, recognizing the lifelong impact of early experiences on a child's development, and striving to positively shape their path. With a focus on cost-effectiveness, early interventions minimize societal and financial burdens linked with delayed support. Health and Well-being: Promoting the health and well-being of children is foundational to their overall development. Access to quality prenatal care ensures a healthy start for both mothers and infants, reducing the risk of complications] and ensuring optimal birth outcomes. Positive behavioral health interventions are crucial for addressing mental health challenges among youth, fostering resilience, and preventing substance abuse issues. Promotion of physical health, including maintaining a healthy body weight, is essential for long-term well-being. Identifying and expanding programs for students with special needs ensures that every child receives the support necessary for their unique educational journey. Why? Early prevention and intervention strategies in health, combined with building parent/guardian capacity, contribute to long-term well-being, reducing the need for more extensive interventions later on. By prioritizing these aspects, we proactively support children's health, addressing potential challenges at their inception Focus Areas and Data Indicators: 1. Enhanced Access to Prenatal Care: Monitoring the initiation of prenatal care, birth outcomes, breastfeeding initiation, fetal and infant mortality, and repeat teen births. 2. Advancements in Positive Behavioral Health: Tracking youth risk profiles, depression rates, substance abuse among youth, and adult alcohol consumption. 3. Promotion of Physical Health: Observing body mass index (BMI) summaries and youth obesity rates. 4. Identification and Expansion of Programs for Students with Special Needs: Assessing student demographics based on primary exceptionality. 43 Nurturing Families and Communities: Creating an environment that nurtures families and communities is vital for children's overall stability and well-being. Decreasing childhood adversity, including experiences of abuse and neglect, is essential for fostering safe and supportive family environments. The reduction of juvenile delinquency incidents contributes to a safer community and better opportunities for positive youth development. Why? Prioritizing prevention and early intervention in family and community dynamics, along with building parent/guardian capacity, we aim to create an environment where potential issues are identified and addressed promptly, fostering stability and resilience in children from the outset. Focus Areas and Data Indicators: 1. Decrease in Childhood Adversity: Analyzing adverse childhood experiences, child abuse incidents, Baker Act utilization, and instances of children in foster care or homelessness. 2. Reduction of Juvenile Delinquency Incidents: Examining trends in juvenile delinquency through metrics such as juvenile arrests. Success in School and Life: Ensuring success in school and life is fundamental for a child's future prospects. Increasing kindergarten readiness sets the stage for a strong educational foundation, impacting a child's academic journey positively. Improvement in academics, attendance, and the expansion of pathways for college and career success are critical for preparing children to meet the challenges of an ever -evolving world. Why? By focusing on prevention and early intervention in education, coupled with building parent/guardian capacity, provides children with the resources they need from the beginning, reducing barriers to success and fostering a foundation for lifelong learning and achievement. Focus Areas and Data Indicators:. 1. Increase of Kindergarten Readiness: Evaluating early learning indicators and kindergarten readiness. 2. Improvement in Academics: Analyzing student performance and proficiency on statewide assessments in reading, math, science, and social studies. 3. Boost in Attendance: Monitoring average daily attendance and chronic absenteeism. 4. Expansion of Pathways for College and Career Success: Reviewing high school graduation rates, workforce data, and school discipline measures. Applicants seeking funding are encouraged to focus their programs on serving pockets of poverty, considering the geographical dispersion and transportation challenges in Indian River County. It is crucial that services are designed to be accessible, considering both the location and timing that align with the community's needs. To enhance program effectiveness, applicants should employ research/evidence-based strategies and best practices, ensuring that interventions are informed by proven approaches. Collaboration within the community is essential to optimize resources, eliminate redundancy, and initiate interventions as early as possible in a child's life, thereby maximizing the impact of support services. Mi IRC 2026/2027 CSAC Grant Application FY26/27 Request for Proposal Submission Details • Approved at the Board of Directors meeting on: • Executive Director: • Board President: • Board Treasurer: • I certify that the information submitted in this application is true and correct to the best of my knowledge: • Submission Confirmation Email Sent To: • Submitted By: Organization Capacity (1-27) ADD: This section gathers information on your Board of Directors and your agency's financial practices. A strong, diverse, and engaged Board helps guide strategy, represent the community, and strengthen organizational impact. Equally important, sound financial policies and oversight ensure accountability, sustainability, and transparency in the use of public funds. Your responses help us assess both governance capacity and fiscal health, which are critical to program success. Organization Information La Executive Director: Lb Executive Director Salary: 2. Organization Name: 3. Organization Address: 4. Reimbursement Contact Name: 5.a Reimbursement Contact Email: 5.b Reimbursement Contact Phone: 6. Website: Organizational Capacity 711 7. Brief description of your organization: 8. Organization Mission Statement: 9. Organization Vision Statement: 10. Number of Full Time Employees: 11. Number of Part Time Employees: 12. Agency Fiscal Year: 13. Please briefly explain your policies and procedures on performing background checks on all staff and volunteers interacting with children: 14. Does the agency have a Board -approved, written, active strategic plan: • If so, when was it last updated? Board of Directors Composition and Polic%es KEEP: (16) Does the agency have a written Board policy that is shared with all Board members? MOVE: 17. Does the agency have b .. s? (Yes/No) • If yes, when were they last KEEP: 16.b. How many Board m( • Please attach a Board listing that i KEEP: 16.c.: Pleasedescribethe Board's Conflict of l home city, state, and zip code. policy and how it is implemented. KEEP: 16.d. Does the agency have aBoard Attendance Policy? ADD: Does your agency serve multiple counties? (Yes/No) ADD: If yes, does your agency have an Advisory Board for Indian River County? • Please attach a Board listing that includes each director's home city, state, and zip code. KEEP: 19. How many times does the Board meet annually? KEEP: 20. Total number of Board members: KEEP: 21. Does the Board currently have any vacancies? (Yes/No) If yes, how many? 47 ADD: How does your agency ensure that its Board maintains a diverse range of skills and expertise, while also reflecting the community it serves, to strengthen the organization and maximize impact?? KEEP: 22. Has your agency ever been the subject of a county, state, or federal investigation into its operations? (Yes/No) KEEP: 23.a. Does your agency hold at least 3 months of operating cash on hand? (Yes/No) KEEP: 23.6. Total unrestricted cash on hand at the end of your most recent fiscal year: KEEP: 23.c. Total unrestricted cash on hand (current): KEEP: 24. Average estimated monthly agency cash expenditures for your last most recent fiscal year (calculated as total annual agency expenditures, less depreciation and other non-cash items, divided by 12): KEEP: 25. As of the most recent fiscal year end, what is the agency's working capital? a. Current assets: b. Current liabilities: c. Working capital (a — b = ): MOVE: 18. Does your agency currently have a written Development Plan? • If so, when was it written? KEEP: 26 Briefly describe the agency's current fundraising activities. • Provide net fundraising revenue from the most recent fiscal year. KEEP: 27. Is the agency audited or reviewed by a CPA? (Yes/No) If No: i. Please attach the most recent 2 full fiscal years of internal financial statements, including Balance Sheet and Profit & Loss Statement for each year, in the Agency Supporting Documents section. ii. Briefly describe the agency's bank reconciliation procedures and oversight of financial reporting. Program Information KEEP: 28. Program Information • Program Name: • Program Director: 48 • Program Abstract: KEEP: 29. Funding Priority and Focus Area: Program Details ADD: This section is designed to provide a clear picture of your program and how it addresses the needs of children and families in Indian River County. The questions ask you to define the specific problem or condition your program addresses, describe who is affected, and share data that demonstrates the need. You'll also outline your program's activities, frequency, staffing, and best practices to show how services are delivered effectively and equitably. In addition, this section asks about accessibility (such as transportation, outreach, and referral systems), program uniqueness compared to similar services, and how you engage parents, caregivers, and schools. If your program has received CSAC funding in prior years, you will also be asked to reflect on your progress toward outcomes and client service numbers. Overall, the purpose of this section is to demonstrate how your program is responsive to community needs, uses effective strategies, avoids duplication, and is positioned to achieve measurable results. KEEP: 30. What specific problem or una . 1 oes your program address? KEEP: 31. Who is directly affected by this need? (e.g., age group, population, demographic) KEEP: 32. Where does this population live within Indian River County? KEEP: 33. Provide local, state, or national trend data (with source) that demonstrates this is a need in our community. Answer as directly as possible. KEEP: 34. Briefly describe the program activities and explain how they address, and are expected to reduce, the identified problem or unacceptable condition. KEEP: 35. Describe the frequency of program activities (e.g., hours per day, days per week, length of sessions). KEEP: 36. Average number of children in attendance: ADD: 36a. How do you calculate this average for attendance. KEEP: 37. List the staffing needed for your program, including: • Position titles • Required experience/qualifications M Estimated hours per week each staff member and/or volunteer will dedicate to the program KEEP: 38. Describe the research -based, best practices your program follows. Provide data or evidence demonstrating that these strategies are effective in achieving the desired outcomes. KEEP: 39. Explain how the target population is informed about and connected to the program (e.g., outreach methods, referral partners, community awareness efforts). MOVE and EDIT: 41. How do you ensure that your target population has access to your programs? KEEP: 40. Does the program provide transportation for clients to access services? (Yes/No) • If yes, please describe. KEEP: 42. Does the program currently have a waiting list? (Yes/No) • 42.a. If yes, how many clients are currentlyg list to enter the program? KEEP: 43. Do families/clients pay out of pocket for (Yes/No) • If yes, how much is charged per family/client? EDIT 44. Identify similar programs currently serving the target population. Describe any efforts your agency has made to minimize duplication of services, and explain what differentiates your program. EDIT 45. How does your program engage and educate parents/guardians in the chosen focus area for this grant? EDIT: 46. Does the program operate from, or provide services in, a school within the School District of Indian River County? (Yes/No) • 46.a. If yes, please explain. • ADDED: 46.b. Do you currently have a signed Memorandum of Understanding (MOU) with the School District? (Yes/No) EDIT: 47.a. If the program received CSAC funding in 2024-2025, were all outcome measures met for the year? (Yes/No) If no, explain what strategies you will use this year to achieve the outcomes. EDIT: 47.b. If the program received CSAC funding in 2024-2025, were the projected numbers of clients served met for the year? (Yes/No) 50 • If no, explain what strategies you will use this year to achieve the projected numbers served. ADD: Why is your program a strong investment? 49: Additional Program Locations (If your program operates at multiple sites, please list all locations where services are provided.) Location Information • Location Title: • Address Line 1: • Address Line 2: • City: • State: • Zip Code: • Program Dates: # of Children Served: EDITED: # of Parents/Caregivers/Educators Served: EDIT: 49.b. List the agencies your program collaborates with that directly impact your program's outcomes. For each agency, provide: • The agency name • A brief description of the services or resources they provide specifically to support this program Wraway the address portion which was very labor intensive for the agprogram specific) CSAC Outcomes/Indicators (50-53) ADD: This section demonstrates the impact of your program. Each program must identify one outcome that addresses a Focus Area from the CSAC Needs Assessment. Programs will then select three specific, measurable indicators that clearly show how progress toward that outcome will be achieved. 51 The purpose of this section is to ensure programs are results -driven, data -informed, and aligned with CSAC's funding priorities, showing a clear connection between daily work and measurable community impact. Outcome 1 50. Outcome Statement 1-3: NEW INSTRUCTIONS: Select the outcome from the drop-down list that aligns with the Focus Area chosen for this grant application. Then identify three indicators that explain what you will measure and how your program will impact that outcome. REMOVE: For this outcome, please report: • Current fiscal year-to-date results (10/1/24-3/30/25) • Actual outcome results for the previous fiscal year Data Indicator: Indicators should show specific, measurable progress toward the outcome. Use the following format: Equation: (or #) of [clients served/target group] will [change statement: improve, decrease, maintain] in [specific skill, behavior, or condition being measured] Indicator Measurements (Evidence): Describe what data you will collect to measure the indicator and how you will verify accuracy. Program Activities (What): Explain how your program activities directly relate to meeting your indicator and helping achieve your outcome. Frequency (How Often): How often will these activities or measurements take place? Responsible Parties (Who): Identify who is responsible for collecting the data. Data Source (Where): Specify where the data will be sourced from. Time of Measurement (When): Indicate when and how often the data will be collected. Monitor and Adjust: Explain how the data will be monitored and how you will use the results to make program changes if needed. Total Clients Served by the Program (53-57) 52 This section collects client service data to allow comparison across: • The last completed year • The current year-to-date • The upcoming year for which you are requesting CSAC funds Important Instructions: • The TOTALS SERVED in each section must match. • The figures entered here must also be consistent with those stated in the Program Funding Request section. • The numbers reported for individuals served and group services provided should not be duplicative (e.g., if a client receives both individual and group services, count them once as an unduplicated client). 53. Total Number of Clients Served CHANGE: 54: Age Provide Information on the age of the clients that your program is serving. 10/2022- 09/2023 10/2023- 09/2024 Projected Actual Projected % of 26-27 Total # of Children 10/2023- 10/2024- 10/2025- 10/2025- 10/2026- Projected Preschool 0-4 09/2024 09/2025 09/2026 03/2026 09/2027 Total # of Unduplicated Clients Total CHANGE: 54: Age Provide Information on the age of the clients that your program is serving. 53 10/2022- 09/2023 10/2023- 09/2024 Projected 10/2024- 09/2025 Actual 10/2024- 03/2025 Projected 10/2025- 09/2026 % of 25-26 Projected Total Total # of Children Preschool 0-4 Elementary 5-10 Middle School 11-14` High School 15-18 Total # of Adults Total 53 EDIT 55: Race and Ethnicity (ad g) CHANGE 56: Income Level &dded an option to use school district dat Does your program use school district data to track economically disadvantaged students? YES/NO If yes, provide how many students are currently classified as Economically Disadvantaged. If no, complete the chart below: 10/2022- 09/2023 10/2023-'' 09/2024 Projected C 10/2024- 09/2025 Actual 10/2024- 03/2025 Projected 10/2025- 09/2026 % of 25-26 Projected Total Hispanic or Latino Asian White Black or African American American Indian or Alaska Native Native Hawaiian or Other Pacific Islander Multi -Racial Others Unknown Total CHANGE 56: Income Level &dded an option to use school district dat Does your program use school district data to track economically disadvantaged students? YES/NO If yes, provide how many students are currently classified as Economically Disadvantaged. If no, complete the chart below: 54 10/2022- 09/2023 10/2023- 09/2024 Projected 10/2024- 09/2025 Actual 10/2024- 03/2025 ' Projected 10/2025- 09/2026 % of 25-26 Projected Total 100% of Poverty or below 101 % to 150% of Poverty 151 % to 200% of Poverty 201 % of Poverty and Above Unknown Total 54 EDIT 57: Geographic Location -_ For this chart, fill out as accurately as possible. If you serve the homeless population, please list in others. Zip Code / FY 23/24 FY 24/25 Actual FY 25/26 % of FY 25/26 Category Actual (YTD) Projected Projected Total 32948 32957 32958 32960 32961 32962 32963 32964 32966 32967 32968 32969 32970 32976 32978 Other Counties Other (explain) Unknown a (explai Program Funding Reque MOVE 61a.: How many years has this program been funded by CSAC? 58. Amount requested from CSAC for FY 2026/2027: 59. Total proposed program budget for FY 2026/2027: 60. Percentage of the amount requested to total program budget: (automated calculation for 58 and 59) MOVE 68. Is the request more than 25% percent of the overall program budget. a. If yes, explain. 62. FY 2025/2026 CSAC Funding: 55 COMBINED 63-64. Projected unduplicated clients served for FY 2026/2027 (this should match the number of projected unduplicated clients from 10/2026-9/2027 from question 53) KEEP: 64. Total program cost per client: (automated calculation for 58 and 64) KEEP: 65. Dollar amount of increase/decrease requested (automated calculation for 58 and 62) a. If there is a change in request, please explain: KEEP: 66. Percent increase/decrease requested: (automated calculation for 58 and 62) oma.: KEEP: 67. Has the request increased by 5% or m re?? a. If yes, explain the reason for the increase. KEEP: 69. Will these funds be used as a matching grant to leverage other funding? (Yes/No) a. If yes, please list the funding source(s) and the amount. KEEP: 70. How will this program maintain funding if CSAC funding is not available? M 56 Program Budget EDIT: 71. Program Revenue For this chart, please list only the revenue sources that directly fund this specific program. Do not include your agency's overall revenue or other funding streams that are not allocated to this program. Revenue Source FY 24/25 FY 25/26 Total FY 26/27 Actual Budget Proposed Budget IRC CSAC Funding Grand Harbor Community Outreach, Inc. Impact 100 Indian River County Hospital District Indian River Club's Head, Heart, and Hands Program Indian River Community Foundation John's Island Community Service League John's Island Foundation Quail Valley Charities United Way of IRC United Way of St. Lucie United way of Martin IRC County Funds (other than CSAC) Department of Chil d Families Other FL State Funds Federal Funds Other Funders Grants for Funding Capital Expenditures Program Fees/Dues Philanthropy Investment Income O Percent Change 57 Revenue Source Reserve Funds for Operating Use Net Sales to Public In -Kind Donations (not included in total) FY 24/25 FY 25/26 Total FY 26/27 Percent Actual Budget Proposed Budget Change 72. Program Expenses For this chart, please list only the expenses that directly support this specific program. Do not include your agency's overall expenses or costs that are not allocated to this program. Expense Category Salaries Employee Benefits Payroll Taxes Professional Fees Audit Expense Administrative Costs Advertising Educational Materials Equipment: Rental & Maintenance Food &;Nutrition Insurance Occupancy Office Supplies Postage/Shipping, Printing and Publications Specific Assistance to Individuals Subscriptions/Dues/Memberships Telephone Travel/Conferences/Training Travel — Daily Mileage Reimbursement Utilities Other Test FY 23/24 FY 24/25 Total Actual Budgeted FY 25/26 Percent Proposed Change (+ or Budget -) 58 FY 23/24 FY 24/25 Total FY 25/26 Percent Expense Category Actual Budgeted Proposed Change (+ or Budget -) Total Expense Equipment Purchases: Capital Expense 73. Revenue Over/Under Expenditures (Chart Automatically Calculated from charts 71 and 72) 74. Proposed Program Budget EDIT: Use this chart to show how CSAC fundingwill be allocated within your program. This should reflect the specific expenses for which you will be submitting reimbursement requests if funding is awarded. Please also attach an example of the supporting documents you plan to submit for reimbursement underthe grant, alongwith the expected timelines for submittal, in the Program Supporting Documents section. *If you plan on requesting reimbursement for Books/Educational Materials/Program Supplies, please reach out to Robert Catapano for guidelines, pronto submitting your application. FY 25/26 Proposed Program Budget Expense Category FY 25/26 Program Budget Salaries Employee Benefits Payroll Taxes Contract Wages (1099) Books/Educational Materials/Program Supplies Occupancy (rent, utilities, building & grounds) Total FY 25/26 Funder Budget (CSAC Request) % of Total vs. Funder Request 59 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2026 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Agency Name and Mailing Address) ("Recipient") for program(s) Background Recitals 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, 2026 — September 30, 2027 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 2026-27 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 2026/27 ("Grant Period"). The Grant Period commences on October 1, 2026 and ends on September 30, 2027. 4. Grant Funds and Payment. ($ _). The County documented costs incurre The approved Grant amount for the Grant Period is agrees to reimburse the Recipient from such Grant funds for actual J 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. 60 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. 61 5.6 Insurance Requirements. Recipient shall, no later than October 1, 2026, 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. 62 (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) 226-1425 PUBLICRECORDS(d-IRCGOV.COM Indian River County of the County Attorney 180127"' Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 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. 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. 63 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved: Approved as to form and legal sufficiency: John A. Titkanich, Jr., ICMA-CM Susan Prado County Administrator Deputy County Attorney RECIPIENT: By: Name, Title Agency Name 64 EXH Brr A [Copy of Proposal Cover Page and Funder Budget] 65 3 EXHIBIT B V•� 101111,111,11 1 t W m G? C m U1 1 66 �n mz �o c m m T_ N A C a 2 N C m �► y G 3 3 t W m G? C m U1 1 66 EXHIBIT C [From policy adopted by Indian River County Board of County Commissioners on August 16, 2022.] A. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of County Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year-end (September 301h) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid-October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. Reimbursement requests will not be reviewed until a complete summary is submitted. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 67 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Human Services Division Indian River County 1800 27TH Street Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract 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 Contract, 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 justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, 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 Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations 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 signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor: The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment: This Contract may not be assigned by the Recipient without the prior written consent of the County. 68 Indian River County, Florida *.�A* MEMORANDUM File ID: 25-0931 Type: Consent Staff Report TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cynthia Emerson, Community Services Director FROM: Stacey Bush, Housing Services Manager DATE: October 21, 2025 9114 Indian River C unty Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 SUBJECT: Approval of Resolution Establishing the IRC HCV Program Five Year Plan, Certifications and Administrative Plan BACKGROUND The Indian River County (IRC) Housing Choice Voucher (HCV) Program is federally funded by the U.S. Department of Housing and Urban Development (HUD) and administered locally by our Public Housing Agency (PHA). HUD requires all PHAs to maintain a Five -Year Plan and an Administrative Plan that outlines local policies for program administration. These documents guide how the program operates to ensure transparency and compliance with federal regulations. The Five -Year Plan and the Administrative Plan sets forth the PHA's mission and long-term goals for serving the needs of low-income, very low-income, and extremely low-income families. ANALYSIS The IRC HCV Program has completed a review and update of its Five -Year Plan (2026-2030) and Administrative Plan in accordance with HUD requirements. The plans incorporate public input, align with current federal regulations, and reflect local housing needs. For transparency and accountability, staff is bringing this item before the Board for a second time to ensure that the public was provided sufficient notice and opportunity for comment, as required by HUD regulations. There is no direct fiscal impact associated with the approval of these policy documents. All administrative functions and program activities are supported by existing HUD grant allocations and administrative fee revenue. PREVIOUS BOARD ACTIONS Approval of the FY2021-2025 Five -Year Plan and Annual Plan in May 2020. Initial presentation of the IRC HCV Program Five -Year Plan (2026-2030) and Administrative Plan on July 15, 2025, re -submitted due to a required correction in public notice. Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 powerty( LegistarT" POTENTIAL FUTURE BOARD ACTIONS Approval of 5 -Year Plan or any amendments. STRATEGIC PLAN ALIGNMENT Quality of Life. OTHER PLAN ALIGNMENT • Aligns with the County's Consolidated Plan for HUD funding; • Supports goals identified in the Local Housing Assistance Plan (LHAP) and SHIP Program priorities. STAFF RECOMMENDATION Staff respectfully recommends that the Board of County Commissioners approve the resolution adopting the IRC Housing Choice Voucher Program Five -Year Plan (2026-2030) and Administrative Plan and authorize submission to the U.S. Department of Housing and Urban Development. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 powello LegistarTm HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN Housing Services Division * I o�. r: A -m7.... 71 Table of Contents Chapter 1: Overview of the Program and Plan.........................................................................1-1 Part I: Indian River County Housing Services Division(IRCHSD).................................1-1 1-1 A. OVERVIEW AND HISTORY OF THE PROGRAM.........................................1-1 1-1 B. ORGANIZATION AND STRUCTURE OF IRCHSD........................................1-1 1-1 C. IRCHSD MISSION AND VALUES..................................................................1-1 1-1 D. IRCHSD'S PROGRAMS................................................................................1-2 1-1 E. IRCHSD GUIDING PRINCIPLES...................................................................1-2 Part II: The Housing Choice Voucher Program.............................................................1-3 1 -II A. OVERVIEW AND HISTORY OF THE PROGRAM........................................1-3 1-II.B. HCV Program Basics....................................................................................1-4 1-II.C. HCV Partnerships.........................................................................................1-4 Part III: The HCV Administrative Plan...........................................................................1-7 1 -III A. OVERVIEW AND PURPOSE OF PLAN.......................................................1-7 1 -III B. MANDATORY VS. DISCRETIONARY POLICY............................................1-7 1 -III C. UPDATING AND REVISING PLAN..............................................................1-8 Chapter 2: Fair Housing and Equal Opportunity.......................................................................2-9 Part I: Nondiscrimination..............................................................................................2-9 2-1 A. OVERVIEW....................................................................................................2-9 2-1 B. NONDISCRIMINATION................................................................................2-10 Part II: Policies Related to Persons with Disabilities...................................................2-12 2 -II A. OVERVIEW.................................................................................................2-12 2 -II B. DEFINITION OF REASONABLE ACCOMMODATION................................2-12 2 -II C. REQUEST FOR REASONABLE ACCOMMODATION................................2-12 2 -II D. VERIFICATION OF DISABILITY.................................................................2-13 2 -II E. APPROVAL/DENIAL OF REASONABLE ACCOMMODATION ..................2-14 2 -II F. PHYSICAL ACCESSIBILITY......................................................................2-15 2 -II G. DENIAL OR TERMINATION OF ASSISTANCE..........................................2-15 Part III: Improving Access to Services for Persons with Limited English Proficiency (LEP)............................................................................................................. 2-16 2 -III A. OVERVIEW................................................................................................2-16 2 -III B. ORAL INTERPRETATION.........................................................................2-16 2 -III C. WRITTEN TRANSLATION.........................................................................2-16 Chapter3: Eligibility...............................................................................................................3-19 Part I: Definitions of Family and Household Members ................................................ 3-19 3-1 A. OVERVIEW.................................................................................................3-19 3-1 B. FAMILY AND HOUSEHOLD [24 CFR 982.201(C); FR NOTICE 02/03/12; NOTICE PIH 2014-20]................................................................................3-19 3-1 C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY ..... 3-20 3-1 D. HEAD OF HOUSEHOLD [24 CFR 5.504(B)] ............................................... 3-21 3-1 E. SPOUSE, COHEAD, AND OTHER ADULT.................................................3-21 3-1 F. DEPENDENT [24 CFR 5.603].....................................................................3-22 3-1 G. FULL-TIME STUDENT [24 CFR 5.603, HCV GB, P. 5-29] ..........................3-22 3-1 H. ELDERLY AND NEAR -ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 AND 5.403, FR NOTICE 02/03/12] ......................................3-22 3-1 I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR NOTICE 02/03/12].................................................................................3-23 3-1 J. GUESTS [24 CFR 5.100]............................................................................3-23 72 3-1 K. FOSTER CHILDREN AND FOSTER ADULTS...........................................3-24 3-1 L. ABSENT FAMILY MEMBERS.....................................................................3-24 3-1 M. LIVE-IN AIDE ... ............................................................................. .............. 3-26 3-1 N. DISPLACED FAMILY..................................................................................3-27 Part 11: Basic Eligibility Criteria....................................................................................3-27 3 -II A. INCOME ELIGIBILITY AND TARGETING..................................................3-27 3-11 B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, SUBPARTE]..............................................................................................3-28 3 -II C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 AND 5.218, NOTICE PIH 2012-10]...............................................................................3-30 3-11 D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230. HCVGB.....................................................................................................3-31 3 -II E. TRANSLATORS AND ADVOCATES..........................................................3-31 3 -II F. RESPONDING TO REQUESTS FOR STATUS UPDATES ........................3-32 3 -II G. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612, FR NOTICE 4/10/06, FR NOTICE 9/21/16] .......................3-32 3 -II H. EIV SYSTEM SEARCHES [NOTICE PIH 2018-18; EIV FAQS; EIV SYSTEM TRAINING 9/30/20]....................................................................3-35 Part III: Denial of Assistance...................................................................................... 3-36 3 -III A. OVERVIEW...............................................................................................3-36 3 -III B. MANDATORY DENIAL OF ASSISTANCE................................................3-36 3 -III C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE ..........3-37 3 -III D. SCREENING.............................................................................................3-38 3 -III E. CRITERIA FOR DECIDING TO DENY ASSISTANCE...............................3-40 3 -III F. NOTICE OF ELIGIBILITY OR DENIAL......................................................3-41 3 -III G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING........................................................................................3-42 Chapter 4: Applications, Waiting Lists, and Tenant Selection................................................4-51 Part I: The Application Process..................................................................................4-51 4-1 A. OVERVIEW.................................................................................................4-51 4-1 B. APPLYING FOR ASSISTANCE [HCV GB, PP. 4-11 — 4-16 . .......................4-51 4-1 C. ACCESSIBILITY OF THE APPLICATION PROCESS.................................4-52 4-1 D. PLACEMENT ON THE WAITING LIST.......................................................4-52 Part 11: Managing the Waiting List...............................................................................4-53 4 -II A. OVERVIEW................................................................................................4-53 4 -II B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 AND 205] ...... 4-53 4 -II C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] ............ 4-54 4 -II D. FAMILY OUTREACH [HCV GB, PP. 4-2 TO 4-4] .......................................4-54 4-11 E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES ...................... .... 4-55 4-11 F. UPDATING THE WAITING LIST [24 CFR 982.2041 ....................................4-55 Part III: Selection for HCV Assistance ............................... 4 -III A. OVERVIEW...................................................... 4 -III B. SELECTION AND HCV FUNDING SOURCES. 4 -III C. SELECTION METHOD .................................... 4 -III D. NOTIFICATION OF SELECTION ..................... 4 -III E. THE APPLICATION INTERVIEW ..................... 4 -III F. COMPLETING THE APPLICATION PROCESS ..................................... 4-56 ..................................... 4-56 ..................................... 4-56 ..................................... 4-57 ..................................... 4-58 ..................................... 4-59 ..................................... 4-60 73 Chapter 5: Briefings and Voucher Issuance...........................................................................5-62 Part I: Briefings And Family Obligations.....................................................................5-62 5-1 A. OVERVIEW.................................................................................................5-62 5-1 B. BRIEFING [24 CFR 982.301]......................................................................5-62 5-1 C. FAMILY OBLIGATIONS..............................................................................5-66 Part II: Subsidy Standards and Voucher Issuance......................................................5-68 5 -II A. OVERVIEW................................................................................................5-68 5 -II B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] ......... 5-69 5-11 C. EXCEPTIONS TO SUBSIDY STANDARDS...............................................5-70 5 -II D. VOUCHER ISSUANCE [24 CFR 982.302] .................................................5-71 5 -II E. VOUCHER TERM AND EXTENSIONS......................................................5-71 Chapter 6: Income and Subsidy Determinations....................................................................6-74 Part I: Annual Income.................................................................................................6-74 6-1 A. OVERVIEW.................................................................................................6-74 6-1 B. HOUSEHOLD COMPOSITION AND INCOME............................................6-75 6-1 C. ANTICIPATING ANNUAL INCOME.............................................................6-77 6-1 D. EARNED INCOME......................................................................................6-78 6-1 E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24CFR 5.617; STREAMLINING FINAL RULE (SFR) FEDERAL REGISTER 3/8/16]....................................................................6-80 6-1 F. BUSINESS INCOME [24 CFR 5.609(B)(2)].................................................6-82 6-1 G. ASSETS [24 CFR 5.609(B)(3); 24 CFR 5.603(8)] .......................................6-83 6-1 H. PERIODIC PAYMENTS..............................................................................6-89 6-1 I. PAYMENTS IN LIEU OF EARNINGS..........................................................6-90 6-1 J. WELFARE ASSISTANCE............................................................................ 6-90 6-1 K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(B)(7)]...6-91 6-1 L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(B)(9); NOTICE PIH2015-21]...............................................................................................6-92 6-1 M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME.............................6-93 Part 11: Adjusted Income.............................................................................................6-95 6 -II A. INTRODUCTION........................................................................................6-95 6 -II B. DEPENDENT DEDUCTION.......................................................................6-96 6-11 C. ELDERLY OR DISABLED FAMILY DEDUCTION......................................6-96 6 -II D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(A)(3)(1)] ....................6-96 6-11 E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(B) ..6-97 6-11 F. CHILD CARE EXPENSE DEDUCTION......................................................6-98 Part III: Calculating Family Share and PHA Subsidy................................................6-100 6 -III A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS ........................6-100 6 -III B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630]........................................................................................6-101 6 -III C. APPLYING PAYMENT STANDARDS [24 CFR 982.505; 982.503(B)] .....6-103 6 -III D. APPLYING UTILITY ALLOWANCES [24 CFR 982.5171 ..........................6-105 6 -III E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520] ......6-106 Chapter 7: Verification......................................................................................................... 7-116 Part I: General Verification Requirements................................................................7-116 7-1 A. FAMILY CONSENT TORELEASEF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230] ........................................7-116 7-1 B. OVERVIEW OF VERIFICATION REQUIREMENTS..................................7-116 7-1 C. UP -FRONT INCOME VERIFICATION (UIV).............................................7-117 7-1 D. THIRD -PARTY WRITTEN AND ORAL VERIFICATION ............................7-119 7-1 E. SELF-CERTIFICATION.............................................................................7-121 74 Part II: Verifying Family Information..........................................................................7-122 7 -II A. VERIFICATION OF LEGAL IDENTITY.....................................................7-122 7-129 7 -II B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, NOTICE PIH 2012-10]..7-122 7 -II C. DOCUMENTATION OF AGE...................................................................7-124 7-130 7 -II D. FAMILY RELATIONSHIPS.......................................................................7-124 7 -II E. VERIFICATION OF STUDENT STATUS..................................................7-126 7 -II F. DOCUMENTATION OF DISABILITY........................................................7-127 7 -II G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508]...7-128 7 -II H. VERIFICATION OF PREFERENCE STATUS..........................................7-129 Part III: Verifying Income and Assets........................................................................7-129 7 -III A. EARNED INCOME.................................................................................. 7-129 7 -III B. BUSINESS AND SELF EMPLOYMENT INCOME...................................7-129 7 -III C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS ....... 7-130 7 -III D. ALIMONY OR CHILD SUPPORT............................................................7-131 7 -III E. ASSETS AND INCOME FROM ASSETS................................................7-131 7 -III F. NET INCOME FROM RENTAL PROPERTY...........................................7-132 7 -III G. RETIREMENT ACCOUNTS....................................................................7-132 7 -III H. INCOME FROM EXCLUDED SOURCES................................................7-132 7 -III I. ZERO ANNUAL INCOME STATUS.........................................................7-133 7 -III J. STUDENT FINANCIAL ASSISTANCE.....................................................7-133 7 -III K. PARENTAL INCOME OF STUDENTS SUBJECT TO .............................7-134 Part IV: Verifying Mandatory Deductions..................................................................7-134 7 -IV A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS........................................................................................ 7-134 7 -IV B. MEDICAL EXPENSE DEDUCTION........................................................ 7-134 7 -IV C. DISABILITY ASSISTANCE EXPENSES ................................................. 6-136 7 -IV D. CHILD CARE EXPENSES......................................................................6-137 Chapter 8: National Standards for The Physical Inspection of Real Estate and Rent Reasonableness Determinations........................................................................8-140 Part I: Physical Standards........................................................................................ 8-140 8-1 A. INSPECTABLE AREAS [24 CFR 5.703(A)(1) AND 24 CFR 5.705(A)(2)] ..8-140 8-1 B. ADDITIONAL LOCAL REQUIREMENTS...................................................8-142 8-1 C. LIFE-THREATENING CONDITIONS [24 CFR 5.705; FR NOTICE 1/18/17]........................................................8-142 8-1 D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] ................8-143 8-1 E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL [24 CFR 35.1225; FR NOTICE 1/13/17; NOTICE PIH 2017-13] .... .......................................................................... 8-144 8-1 F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 5.7051 A dwelling unit must: ................................................................................. 8-144 8-1 G. ACCESSORY DWELLING UNITS............................................................8-145 Part II: The Inspection Process................................................................................8-145 8 -II A. OVERVIEW [24 CFR 982.4051 .................................................................8-145 8 -II B. INITIAL HQS INSPECTION [24 CFR 982.401(A)] ....................................8-146 8 -II C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405 AND 982.406; ................................................................................................... 8-147 8-11 D. SPECIAL INSPECTIONS [24 CFR 982.405(G)] .......................................8-148 8-11 E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(8); HCVGB, P. 1032].................................................................................... 8-148 75 8 -II F. INSPECTION RESULTS AND REINSPECTION FOR UNITS UNDER HAPCONTRACT.....................................................................................8-148 8 -II G. ENFORCING OWNER COMPLIANCE.....................................................8-149 8 -II H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(B)] .8-150 Part III: Rent Reasonableness [24 CFR 982.5071 .....................................................8-150 8 -III A. OVERVIEW.............................................................................................8-150 8 -III B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED............................................................................................. 8-151 8 -III C. HOW COMPARABILITY IS ESTABLISHED............................................8-152 8 -III D. IRCHSD RENT REASONABLENESS METHODOLOGY ........................8-152 Chapter 9: General Leasing Policies....................................................................................9-157 9-1 A. TENANT SCREENING..............................................................................9-157 9-1 B. REQUESTING TENANCY APPROVAL [FORM HUD -52517] ....................9-158 9-1 C. OWNER PARTICIPATION........................................................................9-158 9-1 D. ELIGIBLE UNITS......................................................................................9-159 9-1 E. LEASE AND TENANCY ADDENDUM....................................................... 9-160 9-1 F. TENANCY APPROVAL [24 CFR 982.305] ................................................ 9-162 9-1 G. HAP CONTRACT EXECUTION [24 CFR 982.305] ...................................9-163 9-1 H. CHANGES IN LEASE OR RENT [24 CFR 982.308] ..................................9-164 Chapter 10: Moving with Continued Assistance and Portability..........................................10-165 Part I: Moving with Continued Assistance..............................................................10-165 10-1 A. ALLOWABLE MOVES...........................................................................10-165 10-1 B. RESTRICTIONS ON MOVES................................................................10-166 10-1 C. MOVING PROCESS.............................................................................10-167 PartII: Portability....................................................................................................10-169 10-11 A. OVERVIEW..........................................................................................10-169 10-11 B. INITIAL PHA ROLE..............................................................................10-169 10-11 C. RECEIVING PHA ROLE.......................................................................10-174 Chapter 11: Reexaminations.............................................................................................11-180 Part I: Annual Reexaminations [24 CFR 982.516] ..................................................11 -180 11-1 A. OVERVIEW...........................................................................................11-180 11-1 B. STREAMLINED ANNUAL REEXAMINATIONS [24 CFR 982.516(B), NEW HCV GB, REEXAMINATIONS]....................................................11-180 11-1 C. SCHEDULING ANNUAL REEXAMINATIONS.......................................11-181 11-1 D. CONDUCTING ANNUAL REEXAMINATIONS......................................11-182 11-1 E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR 982.552(B)(5)].........................................................................11-183 11-1 F. EFFECTIVE DATES..............................................................................11-184 Part II: Interim Reexaminations [24 CFR 982.516] .................................................11 -184 11-11 A. OVERVIEW..........................................................................................11-184 11-11 B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION ...............11-185 11 -II C. CHANGES AFFECTING INCOME OR EXPENSES .............................11-186 11-11 D. PROCESSING THE INTERIM REEXAMINATION................................11-189 Part III: Recalculating Family Share and Subsidy Amount......................................11-190 11 -III A. OVERVIEW.........................................................................................11-190 11 -III B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES...................... ............................................................. 11-190 11-111 C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT........ 11-191 11 -III D. DISCREPANCIES...............................................................................11-191 76 Chapter 12: Termination of Assistance and Tenancy.........................................................12-192 Part I: Grounds for Termination of Assistance........................................................12-192 12-1 A. OVERVIEW...........................................................................................12-192 12-1 B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455]....12-192 12-1 C. FAMILY CHOOSES TO TERMINATE ASSISTANCE ............................12-192 12-1 D. HOUSING ASSURANCE OPTION........................................................12-192 12-1 E. MANDATORY TERMINATION OF ASSISTANCE.................................12-192 12-1 F. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS....................................................................................12-194 Part 11: Approach to Termination of Assistance.......................................................12-197 12-11 A. OVERVIEW..........................................................................................12-197 12 -II B. METHOD OF TERMINATION [24 CFR 982.552(A)(3)] .........................12-197 12-11 C. ALTERNATIVES TO TERMINATION OF ASSISTANCE ......................12-197 12-11 D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE ...............12-197 12-11 E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING.................................12-199 12-11 F. TERMINATION NOTICE.......................................................................12-201 Part III: Termination of Tenancy by the Owner.......................................................12-202 12 -III A. OVERVIEW.........................................................................................12-202 12 -III B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310, 24 CFR 5.2005(C), AND FORM HUD -52641-A, TENANCY ADDENDUM]....................................................................12-202 12 -III C. EVICTION [24 CFR 982.310(E) AND (F) AND FORM HUD -52641-A, TENANCY ADDENDUM]....................................................................12-203 12 -III D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(H)............................................................................12-204 12 -III E. EFFECT OF TENANCY TERMINATION ON THE FAMILY'S ASSISTANCE.....................................................................................12-205 Chapter13: Owners............................................................................ Part I: Owners in the HCV Program ......................................... 13-1 A. OWNER RECRUITMENT AND RETENTION [HCV GB, PP. 2-4 TO 2-6] ..................................... 13-1 B. BASIC HCV PROGRAM REQUIREMENTS ........... 13-1 C. OWNER RESPONSIBILITIES [24 CFR 982.452]... 13-1 D OWNER QUALIFICATIONS ...........................13-208 ...........................13-208 ................................................................ 13-1 E. NON-DISCRIMINATION [HAP CONTRACT—FORM HUD -52641]...... 13-208 13-209 13-210 13-210 13-213 Part 11: HAP Contracts............................................................................................13-214 13-11 A. OVERVIEW..........................................................................................13-214 13-11 B. HAP CONTRACT CONTENTS.............................................................13-214 13-11 C. HAP CONTRACT PAYMENTS.............................................................13-215 13-11 D. BREACH OF HAP CONTRACT [24 CFR 982.453] ...............................13-216 13-11 E. HAP CONTRACT TERM AND TERMINATIONS..................................13-217 13-11 F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD-52641]........................................................................................13-218 13-11 G. FORECLOSURE [NOTICE PIH 2010-49] .............................................13-218 Chapter 14: Program Integrity............................................................................................14-220 Part I: Preventing, Detecting, and Investigating Errors and Program Abuse ........... 14-220 14-1 A. PREVENTING ERRORS AND PROGRAM ABUSE..............................14-220 77 14-1 B. DETECTING ERRORS AND PROGRAM ABUSE ........................... 14-1 C. INVESTIGATING ERRORS AND PROGRAM ABUSE .................... Part II: Corrective Measures and Penalties...................................................... 14 -II A. SUBSIDY UNDER- OR OVERPAYMENTS .................................... 14 -II B. FAMILY -CAUSED ERRORS AND PROGRAM ABUSE .................. 14 -II C. OWNER -CAUSED ERROR OR PROGRAM ABUSE ..................... 14 -II D. PHA -CAUSED ERRORS OR PROGRAM ABUSE ......................... 14-11 E. CRIMINAL PROSECUTION........................................................... 14 -II F. FRAUD AND PROGRAM ABUSE RECOVERIES .......................... Chapter 15: Special Housing Types............................................................................ Part I: Single Room Occupancy [24 CFR 982.602 through 982.605] ............... 15-1 A. OVERVIEW.................................................................................... 15-1 B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION.............................................................................. 15-1 C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE).............................................................. Part II: Congregate Housing [24 CFR 982.606 through 982.609 Form 14-221 14-222 14-223 14-223 14-223 14-225 14-226 14-227 14-227 ..15-228 ..15-228 ..15-228 ...15-229 ...15-229 HUD -52641; New HCV GB, Special Housing Types, p. 6 ...........................15-229 15 -II A. OVERVIEW..........................................................................................15-229 15 -II B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION.....................................................................................15-230 15 -II C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE)....................................................................15-230 Part III: SHARED HOUSING [24 CFR 982.615 through 982.618; Form HUD -52641; Notice PIH 2021-05; New HCV GB, Special Housing Types, p. 11 ]]............................................................................................15-230 15-111 A. OVERVIEW.........................................................................................15-230 15 -III B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION...................................................................................15-231 15 -III C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE)...................................................................15-232 Part IV: Cooperative Housing [24 CFR 982.619; New HCV GB, Special Housing Types, p. 14].........................................................................................................15-232 15 -IV A. OVERVIEW.........................................................................................15-232 15 -IV B. PAYMENT STANDARD AND UTILITY ALLOWANCE ........................15-233 15 -IV C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE(NSPIRE)...................................................................15-233 Chapter 16: Program Administration..................................................................................16-234 Part I: Administrative Fee Reserve [24 CFR 982.155] ............................................16-234 Part II: Setting Program Standards and Schedules................................................16-235 16 -II A. OVERVIEW..........................................................................................16-235 16 -II B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, CHAPTER 7] ...16-235 16 -II C. UTILITY ALLOWANCES [24 CFR 982.517] .........................................16-237 Part III: Informal Reviews and Hearings.................................................................16-238 16 -III A. OVERVIEW.........................................................................................16-238 16 -III B. INFORMAL REVIEWS.........................................................................16-239 16 -III C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555] ......16-241 78 16 -III D. HEARING AND APPEAL PROVISIONS FOR NONCITIZENS ............16-248 Part IV: Owner or Family Debts to the PHA............................................................16-250 16 -IV A. OVERVIEW.........................................................................................16-250 16 -IV B. REPAYMENT POLICY........................................................................16-250 16 -IV C. RECORD KEEPING...........................................................................16-253 Part V: Section 8 Management Assessment Program (SEMAP) ............................16-253 16-V A. OVERVIEW..........................................................................................16-253 16-V B. SEMAP CERTIFICATION....................................................................16-253 16-V C. SEMAP INDICATORS.........................................................................16-253 PartVI: Record Keeping.........................................................................................16-257 16 -VI A. OVERVIEW.........................................................................................16-257 16 -VI B. RECORD RETENTION.......................................................................16-257 16 -VI C. RECORDS MANAGEMENT...............................................................16-260 Part VII: Reporting and Record Keeping for Children with Elevated Blood Lead Level........................................................................................................16-260 16 -VII A. OVERVIEW........................................................................................16-260 16 -VII B. REPORTING REQUIREMENT...........................................................16-259 16 -VII C. DATA COLLECTION AND RECORD KEEPING................................16-260 Part VIII: Determination of Insufficient Funding......................................................16-260 16 -VIII A. OVERVIEW.......................................................................................16-260 16 -VIII B. METHODOLOGY..............................................................................16-260 Part XI: Violence Against Women Act (VAWA): Notification, Documentation, Confidentiality............................................................................................16-261 16 -XI A. OVERVIEW.........................................................................................16-261 16 -XI B. DEFINITIONS.....................................................................................16-261 16 -XI C. NOTIFICATION..................................................................................16-262 16 -XI D. DOCUMENTATION............................................................................16-263 16 -XI E. CONFIDENTIALITY............................................................................16-265 Chapter 17: Project -Based Voucher (PBV) And Agency -Based Voucher Programs ........... 17-284 Part I: General Requirements.................................................................................17-284 17-1 A. OVERVIEW..........................................................................................17-284 17-1 B. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE.... 17-285 17-1 C. RELOCATION REQUIREMENTS........................................................17-286 17-1 D. EQUAL OPPORTUNITY REQUIREMENTS.........................................17-286 Part II: PBV Owner Proposals................................................................................17-286 17-11 A. OVERVIEW..........................................................................................17-286 17 -II B. OWNER PROPOSAL SELECTION PROCEDURES ............................17-286 17 -II C. HOUSING TYPE..................................................................................17-288 17 -II D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS ....................17-288 17 -II E. SUBSIDY LAYERING REQUIREMENTS.............................................17-289 17-11 F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT .....................17-289 17 -II G. SITE SELECTION STANDARDS.........................................................17-291 17-11 H. ENVIRONMENTAL REVIEW................................................................17-292 Part III: PBV DWELLING UNITS............................................................................17-292 17 -III A. OVERVIEW.........................................................................................17-292 17 -III B. HOUSING QUALITY STANDARDS.....................................................17-292 17 -III C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES ....17-293 79 17 -III D. INSPECTING UNITS...........................................................................17-293 Part IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ......................... 17-294 17 -IV A. OVERVIEW.........................................................................................17-294 17 -IV B. AGREEMENT TO ENTER INTO HAP CONTRACT ............................17-294 17 -IV C. CONDUCT OF DEVELOPMENT WORK............................................17-295 17 -IV D. COMPLETION OF HOUSING.............................................................17-296 Part V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP)........................17-296 17-V A. OVERVIEW..........................................................................................17-296 17-V B. HAP CONTRACT REQUIREMENTS...................................................17-296 17-V C. AMENDMENTS TO HAP CONTRACT.................................................17-299 17-V D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES.................................................................................................17-299 17-V E. OWNER RESPONSIBILITIES UNDER THE HAP................................17-300 17-V F. ADDITIONAL HAP REQUIREMENTS..................................................17-300 Part VI: SELECTION OF PBV PROGRAM PARTICIPANTS..................................17-301 17 -VI A. OVERVIEW.........................................................................................17-301 17 -VI B. ELIGIBILITY FOR PBV ASSISTANCE................................................17-301 174I C. ORGANIZATION OF THE WAITING LIST..........................................17-301 174I D. SELECTION FROM THE WAITING LIST............................................17-302 17 -VI E. OFFER OF PBV ASSISTANCE..........................................................17-303 17 -VI F. OWNER SELECTION OF TENANTS..................................................17-303 17 -VI G. TENANT SCREENING.......................................................................17-304 PartVII: OCCUPANCY..........................................................................................17-305 17 -VII A. OVERVIEW........................................................................................17-305 17 -VII B. LEASE...............................................................................................17-305 17 -VII C. MOVES..............................................................................................17-307 17 -VII D. EXCEPTIONS TO THE OCCUPANCY CAP......................................17-308 Part VIII: DETERMINING RENT TO OWNER........................................................17-309 17 -VIII A. OVERVIEW.......................................................................................17-309 17 -VIII B. RENT LIMITS....................................................................................17-309 17 -VIII C. REASONABLE RENT.......................................................................17-312 17 -VIII D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL...................17-313 Part IX: PAYMENTS TO OWNER..........................................................................17-313 17 -IX A. HOUSING ASSISTANCE PAYMENTS...............................................17-313 17- IX B. VACANCY PAYMENTS.....................................................................17-314 17- IX C. TENANT RENT TO OWNER.............................................................17-314 17- IX D. OTHER FEES AND CHARGES.........................................................17-315 Chapter 18: Emergency Housing Vouchers(EHVs)...........................................................18-318 PartI: FUNDING....................................................................................................18-318 18-1 A. OVERVIEW...........................................................................................18-318 18-1 B. SERVICE FEES....................................................................................18-319 Part II: Partnering Agencies...................................................................................18-321 18 -II A. CONTINUUM OF CARE (COC)............................................................18-321 18-11 B. OTHER PARTNERING ORGANIZATIONS..........................................18-321 18-11 C. REFERRALS........................................................................................18-322 Part III: Waiting List Management..........................................................................18-322 18 -III A. HCV WAITING LIST............................................................................18-322 80 18 -III B. EHV WAITING LIST............................................................................18-322 18 -III C. PREFERENCES.................................................................................18-323 Part IV: Family Eligibility.........................................................................................18-323 18 -IV A. OVERVIEW.........................................................................................18-323 18 -IV B. REFERRING AGENCY DETERMINATION OF ELIGIBILITY..............18-323 18 -IV C. PHA SCREENING..............................................................................18-324 18 -IV D. INCOME VERIFICATON AT ADMISSION..........................................18-325 18 -IV E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION...................................................................................18-326 18 -IV F. AGE AND DISABILITY VERIFICATION..............................................18-326 18 -IV G. AGE AND DISABILITY VERIFICATION..............................................18-326 Part V: Housing Search and Leasing......................................................................18-327 18-V A. INITIAL VOUCHER TERM...................................................................18-327 18-V B. HOUSING SEARCH ASSISTANCE.....................................................18-328 18-V C. NSPIRE PRE-INSPECTIONS..............................................................18-328 18-V D. INITIAL LEASE TERM.........................................................................18-329 18-V E. PORTABILITY......................................................................................18-329 18-V F. PAYMENT STANDARDS.....................................................................15-330 18-V G. TERMINATION OF VOUCHERS.........................................................18-331 Part VI: Use of Funds, Reporting, and Financial Records.......................................18-331 81 Administrative Plan Indian River County Housing Services Division Chapter 1: Overview of the Program and Plan Indian River County Housing Services Division (IRCHSD) is a public housing agency (PHA) that receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development (HUD). IRCHSD is not a federal department or agency. A PHA is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. IRCHSD entered into an Annual Contributions Contract (ACC) with HUD to administer the program requirements on behalf of HUD. IRCHSD must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. This chapter contains information about IRCHSD and its programs with emphasis on the PHA program. It also contains information about the purpose, intent and use of the plan and guide. There are three parts to this chapter: Part I: Indian River County Housing Services Division (IRCHSD). This part includes an overview of IRCHSD, its jurisdiction, its programs, and its mission and intent. Part II: The PHA Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships. Part III: The HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements. Part I: Indian River County Housing Services Division (IRCHSD) 1-1 A. OVERVIEW AND HISTORY OF THE PROGRAM This part explains the origin of the PHA's PHA Program creation and authorization, the general structure of the organization, and the relationship between the Board and staff. 1-1 B. ORGANIZATION AND STRUCTURE OF IRCHSD The Section 8 tenant -based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by IRCHSD within the jurisdictional limits of Indian River County. Commissioners serve in the same capacity as the directors of a corporation, establishing policies under which IRCHSD conducts business, ensuring that policies are followed by IRCHSD staff and ensuring that IRCHSD is successful in its mission. The Board is responsible for preserving and expanding the agency's resources and assuring the agency's continued viability. Formal actions of IRCHSD are taken through written resolutions, adopted by the Board of County Commissioners and entered into the official records of IRCHSD. IRCHSD's Manager, hired and appointed by the Community Services Director and Board of County Commissioners, oversees the activities of the agency. The Manager is directly responsible for carrying out the policies established by the Board and is delegated the responsibility for hiring, training and supervising IRCHSD staff in order to manage the day-to-day operations of IRCHSD. The Manager is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the Manager's duties include budgeting and financial planning for the agency. 1-1 C. IRCHSD MISSION AND VALUES Mission Indian River County Housing Services Division — Section 8 Program is committed to operating and partnering with private owners and property managers in an efficient, professional and ethical manner which will create a team effort to provide decent, safe, sanitary and affordable housing for pg. 1 82 Administrative Plan Indian River County Housing Services Division the clients that we serve in this community and enhancing the housing stock for under privileged and low income, including senior housing: • To assist and prepare low to moderate residents in making a transition to greater financial security. • To provide our clientele with empathy, dignity and responsive customer service. • By providing the highest quality customer service, integrity is never compromised. Values As stewards of the public trust, we pursue our mission and responsibilities in a spirit of service, teamwork and respect. We embrace the values of excellence, collaboration, innovation and appreciation. 1-1 D. IRCHSD'S PROGRAMS IRCHSD Policy IRCHSD's Administrative Plan is applicable to the operation of the Housing Choice Voucher (HCV) program including rental assistance and utility assistance. In addition, the Administrative Plan addresses policies for the following special programs: • Veterans Affairs Supportive Housing (VASH) Program Vouchers • Emergency Housing Voucher (EHV) Program Vouchers 1-1 E. IRCHSD GUIDING PRINCIPLES As a public service agency, the PHA is committed to providing excellent service to PHA program participants, owners, and to the community. IRCHSD Policy IRCHSD adopts a Strategic Plan every five years to reflect the current guiding principles of the organization. The staff's guiding principles include: • Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide decent, safe, and sanitary housing — in compliance with program housing quality standards — for very low-income families while ensuring that family rents are fair, reasonable, and affordable. • Encourage self-sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human service's needs. • Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice. • Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families. • Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families. • Create positive public awareness and expand the level of family, owner, and community support in accomplishing the mission. • Attain and maintain a high level of standards and professionalism in day-to-day management of all program components. • Administer an efficient, high -performing agency through continuous improvement of the PHA program's support systems and a high level of commitment to our employees and their development. pg. 2 83 Administrative Plan Indian River County Housing Services Division • The staff will make every effort to keep program participants informed of PHA program rules and regulations, and to advise participants of how the program rules affect them. Part II: The Housing Choice Voucher Program 1 -II A. OVERVIEW AND HISTORY OF THE PROGRAM The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand the program. The United States Housing Act of 1937 (the "Act") is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents. The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program — the Section 8 Existing Housing Program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing. Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality ("Housing Quality Standards") and was within certain HUD -established rent limitations ("fair market rents"), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family's adjusted income, with the remainder of the rent paid by the program. Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately -owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant -based assistance, rather than unit -based assistance. The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant - based assistance — the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit. However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic Housing Quality Standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent. From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant -based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as "conforming" rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law. In 1998, the Quality Housing and Work Responsibility Act (QHWRA) — also known as the Public Housing Reform Act — was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant -based programs and required that the two programs be merged into a single tenant -based assistance program, now known as the Housing Choice Voucher (HCV) program. The PHA program was modeled closely on the pre -merger Voucher program. However, unlike the pre -merger Voucher program, the PHA program requires an assisted family to pay at least 30 percent of adjusted income for rent pg. 3 ' Administrative Plan Indian River County Housing Services Division The transition of assistance from the Certificate and Voucher programs to the new PHA program began in October 1999. By October 2001, all families receiving tenant -based assistance were converted to the PHA program. On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. The Final Rule implementing broad changes to income and asset in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over -income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule. 1-11.B. PHA Program Basics The purpose of the Housing Choice Voucher (HCV) program is to provide rental assistance to eligible families. The rules and regulations of the PHA program are determined by the Department of Housing and Urban Development. IRCHSD is afforded choices in the operation of the program which are included in this Administrative Plan, a document approved by IRCHSD's Board of Commissioners. The PHA program offers mobility to eligible families because they may search for suitable housing anywhere in IRCHSD's jurisdiction and may also be eligible to move under portability to other PHAs' jurisdictions. In general, when a family is determined to be eligible for the program and funding is available, IRCHSD issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, IRCHSD will enter into a contract with the owner or landlord and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent. This process may vary for the special programs listed in 1-I.D. Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. IRCHSD continues to make payments to the owner as long as the family is eligible, and the housing unit continues to qualify under the program. 1-II.C. HCV Partnerships To administer the PHA program, IRCHSD enters into a contractual relationship with HUD (called the Consolidated Annual Contributions Contract). IRCHSD also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit. For the PHA program to work and be successful, all parties involved — HUD, IRCHSD, the owner and the family — have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program. The chart on the following page illustrates key aspects of these relationships. pg. 4 :i Administrative Plan Indian River County Housing Services Division The HCV Relationships: Congress Appropriates Funding HUD Provides Funding To Indian River Countv Board of Commisioners e7iu Program Reg alatins and ACC specifies Countv C bligations and Vouchpr F inding Indian River Counh- Board of Commissioners — Rental Assistance Administers Program Hous A.ssistance Pa} -meats (HAP) C tract specifies Owner and IR0RentA Assistance Family - Lease specifies Tenant Owner r' (Program Landlord Participant) \ Obligations pg. 5 86 Administrative Plan Indian River County Housing Services Division What Does HUD Do? HUD has the following major responsibilities: • Develop regulations, requirements, handbooks, notices and other guidance to implement HCV housing program legislation passed by Congress; • Allocate PHA program funds to the County; • Provide technical assistance to an Agency on interpreting and applying PHA program requirements; • Monitor the Agencies compliance with PHA program requirements and the performance in program administration. What Does the Indian River County Housing Services Division Do? The County administers the PHA program under contract with HUD and has the following major responsibilities: • Establish local policies to administer the program; • Review applications from interested applicants to determine whether they are eligible for the program; • Maintain a waiting list and select families for admission; • Issue vouchers to eligible families and provide information on how to lease a unit; • Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration; • Approve the rental unit (including assuring compliance with housing quality standards and rent reasonableness), the owner, and the tenancy; • Make housing assistance payments to the owner in a timely manner; • Recertify families for continued eligibility under the program; • Ensure that owners and families comply with their contractual obligations; • Provide families and owners with prompt, professional service; • Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the Annual Contributions Contract, HUD -approved applications for funding, the HCV administrative plan, and other applicable federal, state and local laws. What Does the Owner Do? The owner has the following major responsibilities: • Screen families who apply for tenancy, to determine suitability as renters. • The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner. • The owner should consider family background factors such as rent and bill -paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others. • Comply with the terms of the Housing Assistance Payments contract executed with the PHA; • Comply with all applicable fair housing laws and do not discriminate against anyone; • Maintain the housing unit in accordance with National Standards for the Physical Inspection of Real Estate (NSPIRE) and make necessary repairs in a timely manner; • Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease. What Does the Family Do? The family has the following responsibilities: • Provide the PHA with complete and accurate information as determined by the PHA to be necessary for administration of the program. • Make their best and most timely efforts to locate qualified and suitable housing; • Attend all appointments scheduled by the PHA. • Allow the PHA to inspect the unit at reasonable times and after reasonable notice; pg. 6 87 Administrative Plan Indian River County Housing Services Division • Take responsibility for care of the housing unit, including any violations of Housing Quality • Standards caused by the family. • Comply with the terms of the lease with the owner. • Comply with the family obligations of the voucher. • Not commit serious or repeated violations of the lease. • Not engage in drug-related or violent criminal activity. • Notify the PHA and the owner before moving or terminating the lease. • Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assign the lease, or have any interest in the unit. • Promptly notify the PHA of any changes in family composition. • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs. Part 111: The HCV Administrative Plan 1 -III A. OVERVIEW AND PURPOSE OF PLAN The Administrative Plan is required by HUD. The purpose of the Administrative Plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in IRCHSD's agency plan. This Administrative Plan is a supporting document to the PHA agency plan and is available for public review as required by CFR 24 Part 903. This Administrative Plan is set forth to define IRCHSD's local policies for operation of the housing programs in accordance with federal laws and regulations. All issues related to the PHA program not addressed in this document are governed by federal regulations, HUD handbooks and guidebooks, notices and other applicable law. The policies in this Administrative Plan have been designed to ensure compliance with the consolidated ACC and all HUD -approved applications for program funding. IRCHSD is responsible for complying with all changes in HUD regulations pertaining to the PHA program. If such changes conflict with this plan, HUD regulations will have precedence. Administration of the PHA program and the functions and responsibilities of IRCHSD staff shall be in compliance with the IRCHSD's personnel policy and HUD regulations as well as all federal, state and local fair housing laws and regulations. 1 -III B. MANDATORY VS. DISCRETIONARY POLICY The HUD regulations at 24 CFR 982.54 define the policies that must be included in the Administrative Plan. They are as follow: • Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4). • Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA Administrative Plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (Chapter 5). • Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4). • Occupancy policies, including definition of what group of persons may qualify as a "family", definition of when a family is considered to be "continuously assisted"; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12). • Encouraging participation by owners of suitable units located outside areas of low income pg. 7 MV Administrative Plan Indian River County Housing Services Division or minority concentration (Chapter 13). • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2). • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13). • Subsidy standards (Chapter 5). • Family absence from the dwelling unit (Chapter 12). • How to determine who remains in the program if a family breaks up (Chapter 3). • Informal review procedures for applicants (Chapter 16). • Informal hearing procedures for participants (Chapter 16). • The process for establishing and revising voucher payment standards, including policies on administering decreases in the payment standard during the HAP contract term (Chapter 16). • The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8). • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15). • Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16). • Interim redeterminations of family income and composition (Chapter 11). • Restrictions, if any, on the number of moves by a participant family (Chapter 10) • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16). • Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8). • PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3). HUD makes a distinction between: • Mandatory policies: Those driven by legislation, regulations, current handbooks, noticeE and legal opinions, and • Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff. HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's Administrative Plan is the foundation of those policies and procedures. HUD's directions require PHAs to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants. Creating policies based upon HUD guidance is not mandatory, but it provides a PHA with a "safe harbor." HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD's safe harbor, but PHAs should carefully think through those decisions. 1 -III C. UPDATING AND REVISING PLAN The PHA will revise this Administrative Plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the Board of County Commissioners of the Housing Services Division, the pertinent sections included in the Agency Plan, and a copy provided to HUD. IRCHSD Policy IRCHSD will review the plan at least once a year and update as needed, to reflect changes in regulations, IRCHSD operations or to ensure staff consistency in operation. pg. 8 Administrative Plan Indian River County Housing Services Division Chapter 2: Fair Housing and Equal Opportunity This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA's housing choice voucher operations. Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination. Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the housing choice voucher program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973 and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004. Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This part details the obligations of the PHA to ensure meaningful access to the PHA program and its activities by persons with limited English proficiency (LEP). This part incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register. Part I: Nondiscrimination 2-1 A. OVERVIEW Federal law requires all agencies to treat all applicants and participants equally, providing the same opportunity to access services regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status and will comply fully with all federal, state and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including: • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) • Executive Order 11063 • Section 504 of the Rehabilitation Act of 1973 • The Age Discrimination Act of 1975 • Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) • The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20 • Violence Against Women Reauthorization Act of 2013 (VAWA) When more than one civil rights law applies to a situation, the laws will be read and applied together. Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants or staff that may subsequently be enacted will also apply. Pg. 9 90 Administrative Plan Indian River County Housing Services Division IRCHSD Policy To further its commitment to full compliance with applicable civil rights laws, IRCHSD will provide information on federal, state and local regulations and ordinances to voucher holders regarding unlawful discrimination and any recourse available to families who believe they are victims of a discriminatory act. The information will include the names of government offices which take complaints and perform investigations, including HUD's Office of Civil Rights and the county's Office for Civil Rights. Such information will be made available during the family briefing session, and all applicable Fair Housing information and discrimination complaint forms will be made as part of the voucher holder's briefing packet and available upon request at IRCHSD offices. 2-1 B. NONDISCRIMINATION Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors. The PHA shall not discriminate because of race, color, sex, gender identity, religion, creed, national or ethnic origin, age, familial or marital status, handicap or disability or sexual orientation. Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under the age of 18. The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/121. IRCHSD Policy IRCHSD will not discriminate on the basis of any of the additional protected classes. The PHA will not use any of these factors to: • Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program • Provide housing that is different from that provided to others • Subject anyone to segregation or disparate treatment • Subject anyone to sexual harassment • Restrict anyone's access to any benefit enjoyed by others in connection with the housing program • Treat a person differently in determining eligibility or other requirements for admission • Steer an applicant or participant toward or away from a particular area based any of these factors • Deny anyone access to the same level of services • Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program • Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class • Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class Providing Information to Families and Owners The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicant pg. 10 91 Administrative Plan Indian River County Housing Services Division families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301j. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status or disability in connection with the contract. Discrimination Complaints If an applicant or participant believes that any family member has been discriminated against by The PHA or an owner, the family should advise the PHA. HUD requires the PHA to make every reasonable attempt to determine whether the applicant's or participant's assertions have merit and take any warranted corrective action. In addition, the PHA is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.3041. Applicants or participants who believe that they have been subject to unlawful discrimination may notify The PHA either orally (in person or over the phone) or in writing (by letter or email). Upon receipt of a housing discrimination complaint, the PHA is required to: Provide written notice of the complaint to those alleged and inform the complainant that such notice was made. The PHA will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD's Office of Fair Housing and Equal Opportunity (FHEO). Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted. • Keep records of all complaints, investigations, notices and corrective actions [Notice PIH 2014-201. IRCHSD Policy Fair Housing Policy After receiving the complaint, staff will provide a written notice to those alleged to have violated the rule. The PHA will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule. The IRCHSD staff will attempt to remedy discrimination complaints made against the IRCHSD and will conduct an investigation into all allegations of discrimination. The complaint should be brought to the county attorney's attention, if applicable. Following the conclusion of the investigation, the staff will provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted. Will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.) pg. 11 92 Administrative Plan Indian River County Housing Services Division Part ll: Policies Related to Persons with Disabilities 2 -II A. OVERVIEW One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program. The PHA must ensure that persons with disabilities have full access to the PHA's programs and services. This responsibility begins with the first contact by an interested family and continues through every aspect of the program. IRCHSD will ask all applicants and participants if they require any type of accommodation, in writing, on the intake application, and notices of adverse action by the agency, by including the following language or language similar to this: "If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, you may request it at any time in the application process or at annual recertification." A specific name and phone number of designated staff will be provided to process requests for accommodation. Will display posters and other housing information and signage in locations throughout the office in such a manner as to be easily readable from a wheelchair. 2 -II B. DEFINITION OF REASONABLE ACCOMMODATION A reasonable accommodation is an adjustment made to a rule, policy, practice or service that allows a person with a disability to have equal access to the PHA program. For example, reasonable accommodations may include making home visits, extending the voucher term or approving an exception payment standard in order for a participant to lease an accessible dwelling unit. Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for The PHA, or result in a "fundamental alteration" in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider's operations. Types of Reasonable Accommodations When needed, the PHA will modify normal procedures to accommodate the needs of a person with disabilities. Examples include: • Permitting applications and reexaminations to be completed by mail • Conducting home visits • Using higher payment standards (either within the acceptable range or with HUD approval of a payment standard outside the PHA range) if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit • Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit • Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff. 2 -II C. REQUEST FOR REASONABLE ACCOMMODATION If an applicant or participant indicates that an exception, change or adjustment to a rule, policy, practice or service is needed because of a disability, HUD requires that the PHA treat the pg. 12 93 Administrative Plan Indian River County Housing Services Division information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act. The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA's programs and services. If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual's disability. IRCHSD Policy IRCHSD staff will encourage the family to make its request in writing using a reasonable accommodation request form. However, staff will consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted. Copies of all requests for accommodation shall be kept in the app Iicant/participant file (electronic or physical); any health-related information will be redacted. Any physical and electronic copies of requests for accommodation along with supporting documentation will be safeguarded. 2 -II D. VERIFICATION OF DISABILITY The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances. Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family's access to IRCHSD's programs and services. If a person's disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Actl. If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability and that the limitations imposed by the disability require the requested accommodation. When verifying a disability, IRCHSD will follow the verification policies provided in Chapter 7. All information related to a person's disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability: • Third -party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency or a reliable third party who is in a position to know about the individual's disability may provide verification of a disability Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Actl. • The PHA must request only information that is necessary to evaluate the disability -related pg. 13 94 Administrative Plan Indian River County Housing Services Division need for the accommodation. The PHA will not inquire about the nature or extent of any disability. • Medical records will not be accepted or retained in the participant file. • In the event that the PHA does receive confidential information about a person's specific diagnosis, treatment or the nature or severity of the disability, the PHA will dispose of it in a secure manner. in place of the information, IRCHSD will note in the file that the disability and other requested information have been verified, the date the verification was received and the name and address of the knowledgeable professional who sent the information fNotice PIH 2010-261. 2 -II E. APPROVAUDENIAL OF REASONABLE ACCOMMODATION [Joint Statement Of The Departments Of HUD And Justice: Reasonable Accommodations Under The Fair Housing Act, Notice PIH 2010-261. The PHA must approve a request for an accommodation if the following three conditions are met: • The request was made by or on behalf of a person with a disability. • There is a disability -related need for the accommodation. • The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on the PHA or fundamentally alter the nature of the PHA's HCV operations (including the obligation to comply with HUD requirements and regulations). Requests for accommodations must be assessed on a case-by-case basis, taking into account factors such as the overall size of the PHA's program with respect to the number of employees, type of facilities and size of budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation and the availability of alternative accommodations that would effectively meet the family's disability -related needs. Before making a determination whether to approve the request, the PHA may enter into discussion and negotiation with the family, request more information from the family or may require the family to sign a consent form so that IRCHSD may verify the need for the requested accommodation. IRCHSD Policy After a request for an accommodation is presented, IRCHSD will respond, in writing, within 10 business days. If PHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the operations), the PHA will discuss with the family whether an alternative accommodation could effectively address the family's disability -related needs without a fundamental alteration to the PHA program and without imposing an undue financial and administrative burden. If IRCHSD believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, PHA will notify the family, in writing, of its determination within 10 business days from the date of the most recent discussion or communication with the family. pg. 14 95 Administrative Plan Indian River County Housing Services Division 2-11 F. PHYSICAL ACCESSIBILITY The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following: • Notice PIH 2010-26 • Section 504 of the Rehabilitation Act of 1973 • The Americans with Disabilities Act of 1990 • The Architectural Barriers Act of 1968 • The Fair Housing Act of 1988 The PHA's policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents: This plan describes the key policies that govern the PHA's responsibilities with regard to physical accessibility. Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to nondiscrimination and accessibility in federally funded housing programs. The PHA Plan provides information about self-evaluation, needs assessment and transition plans. The design, construction or alteration of PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Newly -constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the PHA program. When issuing a voucher to a family that includes an individual with disabilities, IRCHSD staff will include a current list of available accessible units known and will assist the family in locating an available accessible unit, if necessary. In general, owners must permit the family to make reasonable modifications to the unit. However, the owner is not required to pay for the modification and may require that the unit be restored to its original state at the family's expense when the family moves. 2-11 G. DENIAL OR TERMINATION OF ASSISTANCE The PHA's decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation f24 CFR 982.552 (2)(iv)1. When applicants with disabilities are denied assistance, the notice of denial must inform them of the PHA's informal review process and their right to request an informal hearing. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal review process. When a participant family's assistance is terminated, the notice of termination must inform them of the PHA's informal hearing process and their right to request a hearing and reasonable accommodation. When reviewing reasonable accommodation requests, the PHA must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the PHA's decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the PHA must make the accommodation. pg. 15 96 Administrative Plan Indian River County Housing Services Division Part III: Improving Access to Services for Persons with Limited English Proficiency (LEP) 2 -III A. OVERVIEW Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the PHA program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally -assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register. The PHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP). LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this administrative plan, LEP persons are HCV applicants, participants and parents and family members of applicants and participants. In order to determine the level of access needed by LEP persons, the PHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people's lives; and (4) the resources available to the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the PHA. 2 -III B. ORAL INTERPRETATION The IRCHSD will offer competent interpretation services free of charge or at their own expense, upon request, to the LEP person. IRCHSD Policy Will utilize a language line for telephone interpreter services, if available; Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the IRCHSD, if applicable. The interpreter may be a family member or friend. The IRCHSD staff will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. "Reasonable steps" may not be reasonable where the costs imposed substantially exceed the benefits. Where feasible and possible, according to its language assistance plan (LAP), the County will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other agencies, and will standardize documents. 2 -III C. WRITTEN TRANSLATION Translation is the replacement of a written text from one language into an equivalent written text in another language. IRCHSD Policy In order to comply with written -translation obligations, PHA will take the following pg. 16 97 Administrative Plan Indian River County Housing Services Division steps: • Will provide written translations of vital documents for each eligible LEP language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or • If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the PHA does not translate vital written materials, but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. pg. 17 98 Administrative Plan Indian River County Housing Services Division Exhibit 2-1: Definition of A Person with A Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3 And 100.201] A person with a disability, as defined under federal civil rights laws, is any person who meets one or more of the following criteria: • Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or • Has a record of such impairment, or • Is regarded as having such impairment. The phrase "physical or mental impairment" includes: • Any physiological disorder or condition, cosmetic or disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitor -urinary; hemic and lymphatic; skin; and endocrine. • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as: orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. "Major life activities" include, but are not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning and/or working. "Having a record of such impairment" means the participant has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. "Is regarded as having an impairment" is defined as: having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as IRCHSD) as constituting such a limitation, has none of the impairments defined in this section but is treated by a public entity as having such an impairment, or has a physical or mental impairment that substantially limits one or more major life activities as a result of the attitudes of others toward that impairment. The definition of a person with disabilities does not include: • Current illegal drug users. • People whose alcohol use interferes with the rights of others. • People who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the PHA program. The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet these qualifications is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations. The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses or the allowance for disability assistance expenses. The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the PHA program, yet an accommodation is needed to provide equal opportunity. pg. 18 99 Administrative Plan Indian River County Housing Services Division Chapter 3: Eligibility The PHA is responsible for ensuring that every individual and family admitted to the PHA program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the PHA to confirm eligibility and determine the level of the family's assistance. To be eligible for the PHA program: The applicant family must: o Qualify as a family as defined by HUD and the PHA. o Have income at or below HUD -specified income limits. o Qualify on the basis of citizenship or the eligible immigrant status of family members. o Provide social security number information for household members as required. o Consent to the PHA's collection and use of family information as provided for in PHA -provided consent forms. If debts are owed to the PHA or other Housing Authorities, the individual must have entered into a payment agreement with the PHA or the other PHA and be current on the payment agreement. This chapter contains three parts: Part I: Definitions of Family and Household Members. This part contains HUD and PHA definitions of family and household members and explains initial and ongoing eligibility issues related to these members. Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent. Part III: Denial of Assistance. This part covers factors related to an applicant's past or current conduct (e.g., criminal activity) that can cause the PHA to deny assistance. Part 1: Definitions of Family and Household Members 3-1 A. OVERVIEW Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the assisted unit. This part provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules. 3-1 B. FAMILY AND HOUSEHOLD [24 CFR 982.201(C); FR NOTICE 02/03/12; NOTICE PIH 2014-201 The terms "family" and "household" have different meanings in the PHA program. Family To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless actual or perceived sexual orientation, gender identity, or marital status: a single person, who may be an elderly person, disabled person, near -elderly person, or any other single person; or a group of persons residing together. Such group includes, but is not limited to: a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), pg. 19 100 Administrative Plan Indian River County Housing Services Division o an elderly family, o a near -elderly family, o a disabled family, o a displaced family, 0 or the remaining member of a tenant family. o The PHA has the discretion to determine if any other group of persons qualifies as a family. o two or more individuals who are not related by blood, marriage, adoption, or other operation of law but who either can demonstrate that they have lived together previously or certify that each individual's income and other resources will be available to meet the needs of the family. "Gender Identity" means a person's perception of having a particular gender, which may or may not correspond with their birth sex. "Sexual Orientation" is a person's physical and/or emotional attraction to other people. Homosexual, heterosexual, and bisexual are some ways to describe sexual orientation. IRCHSD Policy Each family must identify the individuals to be included in the family at the time of application and must notify IRCHSD if the family's composition changes. Multiple Families in the Same Household Two families living together (such as a mother and father, and a married child with their spouse and/or children) may be treated as a single-family unit. Household Household is a broader term that includes additional people who, with the PHA's permission, live in an assisted unit, such as live-in aides, foster children, and foster adults. 3-1 C.FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Breakup 124 CFR 982.315; Notice PIH 2017-081 Except under the following conditions, the PHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up: If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking, see section 16-IX.D of this plan.) In accordance with Notice PIH 2017-08, for HUD—Veterans Affairs Supportive Housing (HUD—VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking, the victim must continue to be assisted. Upon termination of the perpetrator's HUD—VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator's HUD—VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the HUD—VASH voucher, which must be issued to another eligible family upon the voucher's turnover. If a court determines the disposition of property between members of the assisted family, the PHA is bound by the court's determination of which family members continue to receive assistance. IRCHSD Policy Split Households While on the Waitlist When a household on the waiting list splits into two eligible households for any reason, pg. 20 101 Administrative Plan Indian River County Housing Services Division the household will be removed from the waitlist. If, within ten days of informing IRCHSD that the households have divided, the households agree that one of the households should remain on the waitlist, IRCHSD will replace the household name on the waitlist with the name of the household designated to remain on the waitlist. Split Households after Issuance and Before Lease -Up [24 CFR 982.3151 In those instances when a family assisted under the Housing Choice Voucher Program becomes divided into two eligible families for any reason, and the new families cannot agree as to which new family unit should continue to receive the assistance, the HCV Manager shall consider the following factors to determine which of the families will continue to be assisted: 1. The interest of any minor children, including custody arrangements; 2. The interest of any ill, elderly, or disabled family members; 3. The interest of any family member who is the victim of domestic violence, dating violence, sexual assault, or stalking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; 4. Any possible risks to family members as a result of criminal activity; 5. The recommendations of social service professionals. Documentation of these factors will be the responsibility of the requesting parties. If documentation is not provided, IRCHSD will terminate the Voucher on the basis of failure to provide information necessary for a determination of eligibility. Remaining Member of a Tenant Family [24 CFR 5.4031 The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family. If dependents are the only "remaining members of a tenant family" and there is no family member able to assume the responsibilities of the head of household, see 6-I.13, for the policy on "Caretakers for a Child." 3-1 D. HEAD OF HOUSEHOLD (24 CFR 5.504(B)1 "Head of household" means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse. IRCHSD Policy The family may designate any qualified family member as the head of household. The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household. 3-1 E. SPOUSE, COHEAD, AND OTHER ADULT A family may have a spouse or cohead, but not both [HUD -50058 IB, p. 13]. "Spouse" means the marriage partner of the head of household. IRCHSD Policy A marriage partner includes the partner in a "common law" marriage as defined in state law. The term "spouse" does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse. pg. 21 102 Administrative Plan Indian River County Housing Services Division A "cohead" is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one cohead, and a co-head cannot be a dependent. IRCHSD Policy Minors who are emancipated under state law may be designated as a cohead. "Other adult" means a family member, other than the head, spouse, or cohead, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults. 3-1 F. DEPENDENT [24 CFR 5.6031 A "dependent" is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student; the following persons can never be dependents: the head of household, spouse, cohead, foster children/adults and live-in aides. Identifying each dependent in the family is important because each dependent qualifies the family for a dependent allowance as described in Chapter 6. Joint Custody of Dependents IRCHS Polio Dependents that are subject to a joint custody agreement will be considered a member of the family, if they live with the applicant or participating family 51 percent or more of the time. Families who claim primary custody in a joint custody or temporary guardianship arrangement will be required to certify, and provide supporting documentation to establish, that the child or children reside primarily with the applicant or resident. At a minimum, the child's school records must show the child's primary address to be the same as the applicant or resident. When both parents are individually on the waiting list and both claim the child as a family member, the primary custodial parent, whose address is listed in the school records as the primary address for the child, will be allowed to claim the school-age child as a dependent for the purposes of claiming the dependent deduction and determining subsidy. 3-1 G. FULL-TIME STUDENT [24 CFR 5.603, HCV GB, P. 5-29] A "full-time student" (FTS) is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to be full-time is defined by the educational institution. Identifying each FTS is important because: (1) each family member that is an FTS, other than the head, spouse, or cohead, qualifies the family for a dependent allowance, and (2) the earned income of such an FTS is treated differently from the income of other family members. 3-1 H. ELDERLY AND NEAR -ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 AND 5.403, FR NOTICE 02/03/12] Elderly Persons An "elderly" person is a person who is at least 62 years of age. Near -Elderly Persons A "near -elderly" person is a person who is 50-61 years of age. Elderly Family An "elderly family" is one in which the head of household, co-head of household or spouse is age pg. 22 103 Administrative Plan Indian River County Housing Services Division 62 or older. Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6. 3-11. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR NOTICE 02/03/12] Persons with Disabilities Under the PHA program, special rules apply to persons with disabilities and to any family whose head, spouse, or cohead is a person with disabilities. The technical definitions of individual with handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter. These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability. As discussed in Chapter 2, the PHA must make all aspects of the PHA program accessible to persons with disabilities and consider reasonable accommodations requested based upon a person's disability. Disabled Family A "disabled family" is one in which the head, spouse, or cohead is a person with disabilities. Identifying disabled families is important because these families qualify for the disabled family allowance as described in Chapter 6. Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the PHA from denying assistance for reasons related to alcohol and drug abuse in accordance with the policies found in Part III of this chapter, or from terminating assistance in accordance with the policies in Chapter 12. 3-1 J. GUESTS [24 CFR 5.1001 A "guest" is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent. IRCHSD Policy Any adult not included on HUD Form 50058 who has been in the unit more than 30 consecutive days without IRCHSD approval, or a total of 90 days in a 12 -month period, will be considered to be living in the unit as an unauthorized household member. A family may request an exception to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure is expected to last 40 consecutive days). The requests will be considered on a case-by-case basis. Absence of evidence of any other address may be considered verification that the visitor is a member of the household. Statements from neighbors and/or the landlord will be considered in making the determination. Use of the unit address as the visitor's current residence for any purpose that is not explicitly temporary shall be construed as permanent residence. The burden of proof that the individual is a visitor rests on the family. In the absence of such proof, the individual will be considered an unauthorized member of the household and IRCHSD may terminate assistance, since prior approval was not requested for the addition. Minors and college students who were part of the family but who now live away from home during the school year and are no longer on the lease may visit for less than 180 pg. 23 104 Administrative Plan Indian River County Housing Services Division days per year without being considered a member of the household. In a joint custody arrangement, if the minor is in the household less than 51 % of the time, the minor will be considered to be an eligible visitor and not a family member. Guest policies in the family's lease are separate and distinct from the requirements contained in this Plan. 3-1 K. FOSTER CHILDREN AND FOSTER ADULTS "Foster adults" are usually persons with disabilities, unrelated to the tenant family, who are unable to live alone [24 CFR 5.6091. "Foster child" is not specifically defined by the regulations. Foster children and foster adults who are living with an applicant or who have been approved by the PHA to live with a participant family are considered household members but not family members. The income of foster children/adults is not counted in family annual income, and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603; HUD -50058 IB, p. 13]. IRCHSD Policy A "foster child" is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of short-term or long-term foster care arrangement with the custodial agency. A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of HQS space standards according to 24 CFR 982.401. Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L. 3-1 L. ABSENT FAMILY MEMBERS Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order. Definitions of Temporarily and Permanently Absent IRCHSD Policy "Temporarily absent" is defined as away from the unit for less than 60 days for the head of household and less than 180 days for all other household members. Absence of the head of household of a single person household is considered Absence of Entire Family. An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member. An individual who is or is expected to be absent from the assisted unit for more than 180 consecutive days is considered permanently absent and no longer a family member. IRCHSD must compute all applicable income of every family member, including those who are temporarily absent. Income of persons permanently absent will not be counted. If the spouse is temporarily absent and in the military, all military pay and allowances (except hazardous duty pay when exposed to hostile fire and any other exceptions to military pay HUD may define) is counted as income. It is the responsibility of the head of household to report changes in family composition. IRCHSD will evaluate absences from the unit using this policy. (24 CFR982.551(h)(7)(1)). pg. 24 105 Administrative Plan Indian River County Housing Services Division Exceptions to this general policy are discussed below. Absent Students IRCHSD Policy When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the PHA indicating that the student has established a separate household, or the family declares that the student has established a separate household. Absence of Children Due to Placement in Foster Care Children temporarily absent from the home as a result of placement in foster care are considered members of the family. IRCHSD Policy If a child has been placed in foster care, IRCHSD will verify with the appropriate agency whether and when the child is expected to be returned to the home. If the time period is to be greater than 12 months from the date of removal of the child/children, the child will be removed from the household. If all children are removed from the home permanently, the voucher size will be reduced in accordance with IRCHSD's subsidy standards. Absence Due to Medical Reasons If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22]. IRCHSD Policy If any family member leaves the household to enter a facility such as hospital, nursing home, or rehabilitation center, IRCHSD will request verification of the family member's permanent absence from a responsible medical professional. If the verification indicates that the family member will return in less than 180 consecutive days, the family member will not be considered permanently absent. If no determinations can be made, the person will be considered temporarily absent. If the verification indicates that the family member will be permanently confined to a nursing home or hospital, the family member will be considered permanently absent. If the person who is determined to be permanently absent is the sole member of the household, assistance will be terminated in accordance with IRCHSD's "Absence of Entire Family" policy. Absence of Entire Family IRCHSD Policy These policy guidelines address situations when the family is absent from the unit but has not moved out of the unit. In cases where the family has moved out of the unit, IRCHSD will terminate assistance in accordance with appropriate termination procedures contained in this Plan. Families are required both to notify IRCHSD before they move out of a unit and to give IRCHSD information about any family absence from the unit. If the entire family is absent from the assisted unit for more than 60 consecutive days or if IRCHSD otherwise determines that the unit has been vacated or abandoned, the unit will be considered to be vacated, and the assistance will be terminated. "Absent" means that no family member is residing in the unit. In order to determine if the family is absent from the unit, IRCHSD may investigate the situation by taking action, including but not limited to the following: pg. 25 106 Administrative Plan Indian River County Housing Services Division 1. Write letters to the family at the unit;Telephone the family at the unit; 2. Interview neighbors; 3. Verify if utilities are in service; and 4. Check with the post office. A person with a disability may request an extension of time as an accommodation. A family displaced by unsafe conditions in the unit may be absent longer than 60 days, but not longer than the HUD -allowed 180 consecutive calendar days, with prior notice to and approval by IRCHSD. Return of Permanently Absent Family Members IRCHSD Policy The family must request IRCHSD approval for the return of any adult family members that IRCHSD previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed elsewhere in this chapter. 3-1 M. LIVE-IN AIDE A live-in aide is a person who resides with one or more elderly persons, or near -elderly persons, or persons with disabilities, and who: • is determined to be essential to the care and well-being of the persons, • is not obligated for the support of the persons, and • would not be living in the unit except to provide the necessary supportive services [24 CFR 5.4031. The PHA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by the family member with disabilities. The income of a live-in aide is not counted in the calculation of annual income for the family [24 CFR 5.609(b)1. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. Because live-in aides are not family members, a relative who serves as a live-in aide would not be considered a remaining member of a tenant family. IRCHSD Policy A family's request for a live-in aide must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near elderly, or disabled family member. For continued approval, the family must submit a new, written request -subject to verification at each annual reexamination. Because the live-in aide would be living in the unit for the necessary support for the tenant which includes taking care of the tenant, the live-in aide cannot be working. In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services. A live-in aide is treated differently than family members, in that: Income of the live-in aide will not be counted for purposes of determining eligibility or level of benefits; Live-in aides are not subject to non -Citizen Rule requirements; and Live-in aides may not be considered a remaining member of the household should the voucher holder leave the PHA program for any reason. IRCHSD may approve an additional bedroom for a live-in aide if needed as an pg. 26 107 Administrative Plan Indian River County Housing Services Division accommodation to make the program accessible to and available to a voucher holder with a disability. Approval of an additional bedroom for a live-in aide for reasonable accommodation will be in accordance with the reasonable accommodations section in Chapter 2 of this Administrative Plan. IRCHSD may refuse to approve a person as a live-in aide or may withdraw such approval if: 1. The person commits fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program; 2. The person participates in drug-related criminal activity or violent criminal activity, or is a sex offender currently subject to a lifetime registration requirement; or 3. The person currently owes rent or other amounts to IRCHSD or to another PHA in connection with Housing Choice Voucher Program or the Low Income Public Housing Program. At the discretion of IRCHSD, approval may be given if the person pays off the amount owed or enters into a repayment agreement with the PHA. IRCHSD reserves the right to deny assistance at any time in the future if the live-in aide does not comply with the terms of the repayment agreement. IRCHSD will notify the family of its decision in writing within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request 3-1 N. DISPLACED FAMILY IRCHSD Policy Displaced family is an individual or family who moves from their home as a direct result of acquisition, demolition or rehabilitation for a federally funded project. Part II: Basic Eligibility Criteria 3 -II A. INCOME ELIGIBILITY AND TARGETING Income Limits HUD establishes income limits for all areas of the country and publishes them annually in the Federal Register. They are based upon estimates of median family income with adjustments for family size. The income limits are used to determine eligibility for the program and for income targeting purposes as discussed in this section. Definitions of the Income Limits [24 CFR 5.603(b)1 • "Low-income family". A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size. • `Very low-income family". A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size. "Extremely low-income family". A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher. Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes. Using Income Limits for Eligibility 1`24 CFR 982.2011 Income limits are used for eligibility only at admission. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limit for their family size. In order to be income eligible, an applicant family must be one of the following: pg. 27 108 Administrative Plan Indian River County Housing Services Division • A "very low-income family" • A "low-income family" that has been "continuously assisted" under the 1937 Housing Act. A family is considered to be continuously assisted if the family is already receiving assistance under any 1937 Housing Act program at the time the family is admitted to the PHA program [24 CFR 982.4; 24 CFR 982.201(b)1 IRCHSD Policy The PHA will consider a family to be continuously assisted if the family was leasing a unit under any 1937 Housing Act program at the time they were selected from the PHA's waiting list. A low-income family that qualifies for voucher assistance as a non -purchasing household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily housing homeownership) developments, or other HUD -assisted multifamily homeownership programs covered by 24 CFR 248.173 A low-income or moderate -income family that is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract on eligible low-income housing as defined in 24 CFR 248.101 HUD permits the PHA to establish additional categories of low-income families that may be determined eligible. IRCHSD Policy IRCHSD has not established any additional categories of eligible low-income families. Using Income Limits for Targeting [24 CFR 982.2011 At least 75 percent of the families admitted to the PHA's program during a PHA fiscal year must be extremely low-income families. HUD may approve exceptions to this requirement if the PHA demonstrates that it has made all required efforts but has been unable to attract an adequate number of qualified extremely low-income families. Families continuously assisted under the 1937 Housing Act and families living in eligible low- income housing that are displaced as a result of prepayment of a mortgage or voluntary termination of a mortgage insurance contract are not counted for income targeting purposes. 3 -II B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, SUBPART El Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance. All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the PHA's Limited English Proficiency Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English. Declaration [24 CFR 5.5081 HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The family must identify in writing any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults. pg. 28 109 Administrative Plan Indian River County Housing Services Division U.S. Citizens and Nationals In general, citizens and nationals are required to submit only a signed declaration as verification of their status. However, HUD regulations permit the PHA to request additional documentation of their status, such as a passport. IRCHSD Pclic Family members who declare citizenship or national status will not be required to provide additional documentation unless IRCHSD receives information indicating that an individual's declaration may not be accurate. Eligible Noncitizens In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with PHA efforts to verify their immigration status as described in Chapter 7. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person's age, and the date on which the family began receiving HUD -funded assistance. Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S. Government and the Governments of the FAS [Public Law 106-504]. Ineligible Noncitizens Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The PHA is not required to verify a family member's ineligible status and is not required to report an individual's unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS). Providing housing assistance to noncitizen students is prohibited [24 CFR 5.5221. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family. Mixed Families A family is eligible for assistance as long as at least one member is a citizen, national, or eligible noncitizen. Families that include eligible and ineligible individuals are considered mixed families. Such families will be given notice that their assistance will be prorated, and that they may request a hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion of informal hearing procedures. Ineligible Families f24 CFR 5.514(d), (e), and (t)] A PHA may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the PHA that the individual or at least one family member is eligible. Verification of eligibility for this purpose occurs when the individual or family members have submitted documentation to the PHA in accordance with program requirements2j 4 CFR 5.512(a)]. pg. 29 110 Administrative Plan Indian River County Housing Services Division IRCHSD Policy IRCHSD will not provide assistance to a family before the verification of at least one family member. When IRCHSD determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family will be sent a written notice within 10 business days of the determination. The notice will explain the reasons for the denial of assistance, that the family may be eligible for proration of assistance and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request an informal hearing with IRCHSD. The informal hearing with IRCHSD may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the informal hearing process. Informal hearing procedures are contained in Chapter 16. Non -Citizen Students IRCHSD Policy A "non -citizen student" is any alien who: 1. Has a residence in a foreign country that they intend to maintain; 2. Is a bona fide student qualified to pursue a full course of study; and 3. Is admitted to the United States temporarily and solely for purposes of pursuing such course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by such alien and approved by the Attorney General as provided in 42 U.S.C. 1436a(c)(2). Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the assisted family, the PHA must verify status at the first interim or regular reexamination following the person's occupancy, whichever comes first. If an individual qualifies for a time extension for the submission of required documents, the PHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)]. Each family member is required to submit evidence of eligible status only one time during continuous occupancy. IRCHSD Policy IRCHSD will verify the citizenship status of applicants at the time other eligibility factors are determined. 3 -II C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 AND 5.218, NOTICE PIH 2012-101 The applicant and all members of the applicant's household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN. Such documentation must be provided and verified prior to admission. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child's SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7. These requirements do not apply to noncitizens who do not contend eligible immigration status. In addition, each participant who has not previously disclosed an SSN, has previously disclosed an pg. 30 111 Administrative Plan Indian River County Housing Services Division SSN that HUD or the SSA determined was invalid, or has been issued a new SSN must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or annual reexamination or recertification. Participants age 62 or older as of January 31, 2010, whose determination of eligibility was begun before January 31, 2010, are exempt from this requirement and remain exempt even if they move to a new assisted unit. The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure and documentation requirements contained in 24 CFR 5.216. 3 -II D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230; HCV GB,P. 5-13] For some programs, HUD requires each adult family member, and the head of household, spouse, or cohead, regardless of age, to sign form HUD -9886, Authorization for the Release of Information/Privacy Act Notice, and other consent forms as needed to collect information relevant to the family's eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements. The PHA must deny admission to the program if any member of the applicant family fails to sign and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3)]. IRCHSD Policy Applicants who wish to have case -managers, advocates or other intermediaries act on their behalf must sign a release of information authorizing IRCHSD staff to discuss their application information with the intermediary. 3 -II E. TRANSLATORS AND ADVOCATES IRCHSD Policy IRCHSD staff may assume that translators and advocates, including adult family members, who accompany applicants and participants in person, have the applicants' or participants' permission to witness confidential conversations and documents. IRCHSD staff may assume that translators and advocates who telephone on behalf of an applicant or participant and represent that the applicant or participant is there with them at the time of the telephone call, have the applicants' or participants' permission to conduct the conversation. Staff shall exercise caution in conducting such conversations on the telephone, and may request additional personal identifiers from the caller to verify that they are in fact present in the room with the applicant or participant, or refrain from disclosing highly sensitive information (e.g., denial based on a criminal record, or response to a request for an accommodation based on the presence of a disability), offering instead to send a letter with the requested information to the applicant or participant directly. IRCHSD staff shall not discuss personal information about an applicant or participant with an advocate or family member when the applicant or participant is not present, without a written, signed and dated request by the applicant or participant giving IRCHSD permission to do so. The written request shall identify the specific persons or agency with whom the personal information may be discussed. IRCHSD staff shall exercise caution in conducting personal conversations on the telephone with advocates and may take such steps as are reasonably necessary to confirm the identity of the advocate. pg. 31 112 Administrative Plan Indian River County Housing Services Division 3 -II F. RESPONDING TO REQUESTS FOR STATUS UPDATES IRCHSD Policy IRCHSD staff will take reasonable precautions to safeguard the personal information of applicants and participants, without creating barriers that make it more difficult for applicants and participants to communicate with HCV. Individuals who visit IRCHSD in person on their own behalf will be presumed to be who they say they are if they can provide personal identification. Personal identification will be required of any walk-in visitor who is requesting information relevant to any HCV application or participating household to confirm they are a legitimate concerned party. Individuals must be able to show positive identification of who they are representing themselves to be (participant, landlord, or service provider with release of information on record) before IRCHSD staff will acknowledge status of any program participation or share any information (verbally, electronically, or in written documentation) Acceptable forms of personal identification include the following: 1.State driver's license; 2.State-issued picture identification; 3.Photo identification bank card with signature on back; and 4.Other photo identification of official entity such as a school or business. Individuals who call IRCHSD to request status updates will be presumed to be who they say they are if they can provide an address, birth date, and/or Social Security Number that matches the information in IRCHSD's records. 3 -II G. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612, FR NOTICE 4/10/06, FR NOTICE 9/21/16] Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 established new restrictions on the eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education. If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student's eligibility must be examined along with the income eligibility of the student's parents. In these cases, both the student and the student's parents must be income eligible for the student to receive HCV assistance. If, however, a student in these circumstances is determined independent from their parents in accordance with PHA policy, the income of the student's parents will not be considered in determining the student's eligibility. The new law does not apply to students who reside with parents who are applying to receive HCV assistance. It is limited to students who are seeking assistance on their own, separately from their parents. Definitions In determining whether and how the new eligibility restrictions apply to a student, the PHA will rely on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16]. Dependent Child In the context of the student eligibility restrictions, dependent child means a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the assisted family, other than the head of household or spouse, who is under 18 years of age, or is a pg. 32 113 Administrative Plan Indian River County Housing Services Division person with a disability or is a full-time student. Foster children and foster adults are not considered dependents. Independent Student IRCHSD Policy IRCHSD will consider a student "independent' from their parents and the parents' income will not be considered when determining the student's eligibility if the following four criteria are all met: 1. The individual is of legal contract age under state law. 2. The individual has established a household separate from their parents for at least one year prior to application for occupancy or the individual meets the U.S. Department of Education's definition of independent student. To be considered an independent student according to the Department of Education, a student must meet one or more of the following criteria: o The individual is at least 24 years old by December 31 of the award year for which aid is sought o The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older o The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's state of legal residence o The individual is a veteran of the U.S. Armed Forces or is currently serving on active duty in the Armed Forces for other than training purposes o The individual is a graduate or professional student o The individual is married o The individual has one or more legal dependent other than a spouse (for example, dependent children or an elderly dependent parent) o The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by: • A local educational agency homeless liaison • The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director • A financial aid administrator o The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances 3. The individual was not claimed as a dependent by their parents pursuant to IRS regulations, as demonstrated on the parents' most recent tax forms. 4. The individual provides a certification of the amount of financial assistance that will be provided by their parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided. Institution of Higher Education The PHA will use the statutory definition under section 102 of the Higher Education Act of 1965 to pg. 33 114 Administrative Plan Indian River County Housing Services Division determine whether a student is attending an `Institution of higher education" (see Exhibit 3-2). Parents IRCHSD Policy For purposes of student eligibility restrictions, the definition of "parents" includes biological or adoptive parents, stepparents (as long as they are currently married to the biological or adoptive parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc.). Person with Disabilities The PHA will use the statutory definition under section 3(b)(3)(E) of the 1937 Act to determine whether a student is a "person with disabilities" (see Exhibit 3-1). Veteran IRCHSD Policy A "veteran" is a person who served in the active military, naval, or air service and who was discharged or released from such service under conditions other than dishonorable. Vulnerable Youth IRCHSD Policy If IRCHSD determines that an individual meets the definition of a "vulnerable youth" such a determination is all that is necessary to determine that the person is an "independent student' for the purposes of using only the student's income for determining eligibility for assistance. IRCHSD will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E. Determining Student Eligibility If a student is applying for assistance on their own, apart from their parents, the PHA must determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612. If the student is subject to those restrictions, the PHA must ensure that: (1) the student is individually eligible for the program, (2) either the student is independent from their parents or the student's parents are income eligible for the program, and (3) the "family" with which the student is applying is collectively eligible for the program. IRCHSD Poli y For any student who is subject to the 5.612 restrictions, IRCHSD will: 1. Follow its usual policies in determining whether the student individually and the student's "family' collectively are eligible for the program 2. Determine whether the student is independent from their parents in accordance with the definition of "independent student' in this section 3. Follow the policies below, if applicable, in determining whether the student's parents are income eligible for the program 4. If IRCHSD determines that the student, the student's parents (if applicable), or the student's "family' is not eligible, IRCHSD will send a notice of denial in accordance with the policies in Section 3-III1, and the applicant family will have the right to request an informal review in accordance with the policies in Section 16-III.B. pg. 34 115 Administrative Plan Indian River County Housing Services Division Determining Parental Income Eligibility IRCHSD Policy For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of "independent student' in this section, IRCHSD will determine the income eligibility of the student's parents as follows: • If the student's parents are married and living together, IRCHSD will obtain a joint income declaration and certification of joint income from the parents. • If the student's parent is widowed or single, IRCHSD will obtain an income declaration and certification of income from that parent. • If the student's parents are divorced or separated, IRCHSD will obtain an income declaration and certification of income from each parent. • If the student has been living with one of their parents and has not had contact with or does not know where to contact their other parent, IRCHSD will require the student to submit a certification under penalty of perjury describing the circumstances and stating that the student does not receive financial assistance from the other parent. IRCHSD will then obtain an income declaration and certification of income from the parent with whom the student has been living or had contact. In determining the income eligibility of the student's parents, IRCHSD will use the income limits for the jurisdiction in which the parents live. 3 -II H. EIV SYSTEM SEARCHES [NOTICE PIH 2018-18; EIV FAQS; EIV SYSTEM TRAINING 9/30/20] Existing Tenant Search Prior to admission to the program, the PHA must search for all household members using the EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches involving another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance. If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the PHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move -out from the assisted unit, as applicable. IRCHSD Policy IRCHSD will contact the PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD -50058 or 50059, as applicable, showing an end of participation. IRCHSD will only approve assistance contingent upon the move -out from the currently occupied assisted unit. Debts Owed to PHAs and Terminations All adult household members must sign the form HUD -52675 Debts Owed to Public Housing and Terminations. Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to PHAs and Terminations module. If a current or former tenant disputes the information in the module, the tenant should contact the PHA directly in writing to dispute the information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the program. pg. 35 116 Administrative Plan Indian River County Housing Services Division IRCHSD Policy IRCHSD will require each adult household member to sign the form HUD -52675 once at the eligibility determination. Any new members added to the household after admission and any minor members who become adults while a part of the household will be required to sign the form HUD -52675 prior to being added to the household. IRCHSD will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the PHA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter. Income and Income Validation Tool (IVT) Reports For each new admission, the PHA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within 120 days of the IMS/PIC submission date of the new admission. The PHA must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report dates. Part III: Denial of Assistance 3 -III A. OVERVIEW A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied assistance. In this section we will discuss other situations and circumstances in which denial of assistance is mandatory for the PHA, and those in which denial of assistance is optional for the PHA. Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] Denial of assistance includes any of the following: • Not placing the family's name on the waiting list • Denying or withdrawing a voucher • Not approving a request for tenancy or refusing to enter into a HAP contract • Refusing to process a request for or to provide assistance under portability procedures Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)] HUD rules prohibit denial of program assistance to the program based on any of the following criteria: • Age, disability, race, color, religion, sex, or national origin (See Chapter 2 for additional information about fair housing and equal opportunity requirements.) • Where a family lives prior to admission to the program • Where the family will live with assistance under the program. Although eligibility is not affected by where the family will live, there may be restrictions on the family's ability to move outside the PHA's jurisdiction under portability. (See Chapter 10.) • Whether members of the family are unwed parents, recipients of public assistance, or children born out of wedlock • Whether the family includes children • Whether a family decides to participate in a family self-sufficiency program • Whether or not a qualified applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking if the applicant is otherwise qualified for assistance (See section 3-III.G.) 3-111 B. MANDATORY DENIAL OF ASSISTANCE HUD requires the PHA to deny assistance in the following cases: a) Any member of the household has been evicted from federally assisted housing in the last pg. 36 117 Administrative Plan Indian River County Housing Services Division 3 years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise -eligible family if the household member has completed a PHA - approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives in the household). IRCHSD Policy IRCHSD may consider whether such household members have successfully completed a supervised drug or alcohol rehabilitation program. For this purpose, IRCHSD may require evidence of the household member's successful completion of a supervised drug or alcohol rehabilitation program. IRCHSD may also admit the household if it determines that the circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned). b) The PHA determines that any household member is currently engaged in the use of illegal drugs. IRCHSD Polic "Currently engaged in" is defined as any use of illegal drugs during the previous six months. c) The PHA has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. IRCHSD Policy In determining reasonable cause, IRCHSD will consider all credible evidence, including but not limited to, any record of convictions or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A conviction will be given more weight than an arrest. IRCHSD will also consider evidence from treatment providers or community-based organizations providing services to household members. A waiver of this may be granted if the family can demonstrate to the Housing Services Division satisfaction that the family member is no longer engaging in abuse of alcohol and: i. Has successfully completed a supervised alcohol treatment program; ii. Has otherwise been treatment successfully; or iii. Is participating in a supervised alcohol treatment program. d) Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing e) Any household member is subject to a lifetime registration requirement under a state sex offender registration program IRCHSD Policy IRCHSD shall further deny admission to sex offenders convicted in Washington State of a Class A felony and whose registration requirement shall therefore continue indefinitely pursuant to RCW 9A.44.140. 3 -III C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE HUD permits, but does not require, the PHA to deny assistance for the reasons discussed in this section. pg. 37 118 Administrative Plan Indian River County Housing Services Division HUD authorizes the PHA to deny assistance based on the family's previous behavior in assisted housing. PHAs are not permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self -Sufficiency (FSS) program [24 CFR 984.101(d)]. IRCHSD Policy IRCHSD may deny admission to a family if any family member: • The family does not provide information that IRCHSD or HUD determines is necessary in the administration of the program. • The family does not provide complete and true information to IRCHSD. • Has been previously assisted under the program and was terminated for violating any family obligation in the last 5 years; • Any family member has been evicted from federally assisted housing for any reason in the last 5 years; • Any family member has ever committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program • The family owes rent or other amounts to any PHA in connection with Section 8 or other public housing assistance under the 1937 Act unless the family repays the full amount of the debt prior to being selected from the waiting list. • If the family has not reimbursed any PHA in full for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, unless the family repays the full amount of the debt prior to being selected from the waiting list. • When denying admission due to family debts as shown in HUD's EIV system, the IRCHSD will provide the family with a copy of the EIV Debt Owed to PHA and Termination report. • If the family wishes to dispute the information in the report, the family must contact the PHA that entered the information in EIV in writing, explaining why EIV information is disputed. The family must also provide a copy of the letter and all applicable verification to IRCHSD to support the family's claim. IRCHSD will consider the information provided by the family prior to issuing a notice of denial. • The family has breached the terms of a repayment agreement entered into with IRCHSD, unless the family repays the full amount of the debt covered in the repayment agreement prior to being selected from the waiting list. • A family member has engaged in or threatened abusive or violent behavior toward IRCHSD or other housing services division personnel. "Abusive or violent behavior' includes verbal as well as physical abuse or violence. Use of racial epithets or other language, written or oral, that is customarily used to intimidate, may be considered abusive or violent behavior. "Threatening" refers to oral or written threats, or physical gestures, that communicate intent to abuse or commit violence. In making its decision to deny assistance, the IRCHSD Staff will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, they may, on a case-by- case basis, decide not to deny assistance. 3 -III D. SCREENING Screening for Eligibility PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the PHA program. This authority assists the PHA in complying with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the PHA must require every applicant family to submit a consent form signed by each adult household member [24 CFR 5.903]. pg. 38 119 Administrative Plan Indian River County Housing Services Division IRCHSD Policy IRCHSD will require the applicant to have a criminal background check completed through local law enforcement for every adult household member. PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 982.553(a)(2)(i)]. IRCHSD Policy IRCHSD will use the Dru Sjodin National Sex Offender database to screen applicants for admission. Additionally, IRCHSD staff must ask whether the applicant, or any member of the applicant's household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-281. If the PHA proposes to deny assistance based on a criminal record or on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the applicant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR 5.903(f) and 5.905(d)]. Screening for Suitability as a Tenant [24 CFR 982.3071 The PHA has no liability or responsibility to the owner for the family's behavior or suitability for tenancy. IRCHSD has the authority to conduct additional screening to determine whether an applicant is likely to be a suitable tenant. IRCHSD Policy IRCHSD does not screen for suitability for tenancy. Screening for suitability is the property owner's responsibility. IRCHSD has no responsibility for the family's behavior or conduct as tenants and has no liability to property owners or others for the acts of Housing Choice Voucher Program tenants. The owner is responsible for the screening and selection of any family that will occupy the owner's unit. Before approving a tenancy, the PHA will inform the owner that screening and selection for tenancy is the owner's responsibility. An owner may consider a family's history with respect to factors such as: payment of rent and utilities, caring for a unit and premises, respecting the rights of other residents to the peaceful enjoyment of their housing, criminal activity that is a threat to the health, safety or property of others, and compliance with other essential conditions of tenancy. HUD requires the PHA to provide prospective owners with the family's current and prior address (as shown in PHA records) and the name and address (if known) of the owner at the family's current and prior addresses. HUD permits the PHA to provide owners with additional information, as long as families are notified that the information will be provided, and the same type of information is provided to all owners. The PHA may not disclose to the owner any confidential information provided to the PHA by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(a)(4)]. IRCHSD Policy IRCHSD will inform owners of their responsibility to screen prospective tenants and will provide owners with the required known name and address information, at the time of the initial HQS inspection or before. IRCHSD will not provide any additional information to the owner, such as tenancy history or criminal history, etc. pg. 39 120 Administrative Plan Indian River County Housing Services Division 3 -III E. CRITERIA FOR DECIDING TO DENY ASSISTANCE Evidence [24 CFR 982.553(c)] IRCHSD Policv IRCHSD will use the concept of the preponderance of the evidence as the standard for making all admission decisions. "Preponderance of the evidence" is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole show that the fact sought to be proved is more probable than not Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. "Credible evidence" may be obtained from police and/or court records. Testimony from neighbors, when combined with other factual evidence can be considered credible evidence. Other credible evidence includes documentation of drug raids or arrest warrants. Consideration of Circumstances [24 CFR 982.552(c)(2)1 HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny assistance based on a family's past history except in the situations for which denial of assistance is mandatory (see Section 3-111.6). IRCHSD Poli Will consider the following facts and circumstances prior to making its decision: • The seriousness of the case, especially with respect to how it would affect other residents' safety or property • The effects that denial of assistance may have on other members of the family who were not involved in the action or failure to act • The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.G) a victim of domestic violence, dating violence, sexual assault, or stalking • The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family's recent history and the likelihood of favorable conduct in the future While a record of arrest(s) will not be used as the basis for denial, an arrest may, however, trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the PHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The PHA may also consider: • Any statements made by witnesses or the applicant not included in the police report • Whether criminal charges were filed • Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal • Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property. In the case of drug or alcohol abuse, the PHA will consider whether the culpable household member pg. 40 121 Administrative Plan Indian River County Housing Services Division is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully. The PHA will require the applicant to submit evidence of the household member's current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully. Removal of a Family Member's Name from the Application Should the PHA's screening process reveal that an applicant's household includes an individual subject to state lifetime registered sex offender registration, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must deny admission to the family [Notice PIH 2012-28]. For other criminal activity, the PHA may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)]. IRCHSD P®licy As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family members will not be permitted to visit, stay as a guest, or reside in the assisted unit. After admission to the program, the family must present evidence of the former family member's current address upon IRCHSD request. Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] If the family includes a person with disabilities, the PHA decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. IRCHSD Policy If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of assistance, IRCHSD will determine whether the behavior is related to the stated disability. If so, upon the family's request, IRCHSD will determine whether admitting the family as a reasonable accommodation is appropriate. IRCHSD will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of reasonable accommodation. Screening for Families Exercising Portability IRCHSD Policy IRCHSD shall use the HUD -required denials, IRCHSD participant history requirements, and criminal history requirements described above to screen families seeking to port -in to IRCHSD's Housing Choice Voucher program. 3 -III F. NOTICE OF ELIGIBILITY OR DENIAL If the family is eligible for assistance, the PHA will notify the family in writing and schedule a tenant briefing, as discussed in Chapter 5. If the PHA determines that a family is not eligible for the program for any reason, the family must be notified promptly. The notice must describe: (1) the reasons for which assistance has been denied, (2) the family's right to an informal review, and (3) the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures. pg. 41 122 Administrative Plan Indian River County Housing Services Division Notice of Denial/Procedure for Requesting Informal Review IRCHSD Policy When IRCHSD determines that an applicant is ineligible, the applicant must be notified of the decision in writing within 10 business days of the determination. The notice must state: 1. The reason(s) for ineligibility. 2. A statement that the applicant may request an informal review if they disagree with the decision; 3. The procedure for requesting a review if the applicant does not agree with the decision; and 4. The deadline for requesting a review. If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the PHA can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the accuracy and relevance of that record, in the informal review process in accordance with program requirements [24 CFR 982.553(d)]. IRCHSD Policy If IRCHSD obtains criminal record information from a State or local agency showing that a household members have been convicted of a crime relevant to applicant screening, IRCHSD will notify the household of the proposed action to be based on the information and will provide the subject of the record and the applicant a copy of such information, and an opportunity to dispute the accuracy and relevance of the information. This opportunity will be provided before a denial of admission on the basis of such information (24 CFR 5.903(f)). Notice requirements related to denying assistance to noncitizens are contained in Section 3-11.13. Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault or stalking are contained in Section 3-III.G. 3-111 G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING The Violence against Women Act of 2013 (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying an applicant admission to the PHA program on the basis or as a direct result of the fact that the applicant is or has been a victim of domestic violence, dating violence, sexual assault or stalking, if the applicant otherwise qualifies for assistance or admission. Definitions of key terms used in VAWA are provided in section 16 -IX of this plan, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located. Notification VAWA 2013 expanded notification requirements to include the obligation for PHAs to provide applicants who are denied assistance with a VAWA Notice of Occupancy Rights (form HUD - 5380) and a domestic violence certification form (HUD -5382) at the time the applicant is denied. pg. 42 123 Administrative Plan Indian River County Housing Services Division IRCHSD Policy IRCHSD acknowledges that a victim of domestic violence, dating violence, sexual assault, or stalking may have an unfavorable history (e.g., a poor credit history, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under IRCHSD's policies. While IRCHSD is not required to identify whether adverse factors that resulted in the applicant's denial are a result of domestic violence, dating violence, sexual assault, or stalking, the applicant may inform IRCHSD that their status as a victim is directly related to the grounds for the denial. IRCHSD will request that the applicant provide enough information to IRCHSD to allow IRCHSD to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim. IRCHSD will include in its notice of denial the VAWA information described in section 16 - IXC of this plan as well as including a copy of the form HUD -5382. IRCHSD will request in writing that an applicant wishing to claim protection under VAWA notify IRCHSD within 14 business days. Victim Documentation [24 CFR 5.20071 IRCHSD Policy If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault or stalking, IRCHSD will request in writing that the applicant provide documentation supporting the claim in accordance with section 16 -IX. D of this plan. pg. 43 124 Administrative Plan Indian River County Housing Services Division Exhibit 3-1: Detailed Definitions Related to Disabilities Person with Disabilities [24 CFR 5.4031 The term person with disabilities means a person who has or is perceived to have any of the following types of conditions: • Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads: Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or In the case of an individual who has attained the age of 55 and is blind (within the meaning of "blindness" as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity, requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. • Has a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002(8)], which defines developmental disability in functional terms as follows: (A) In General The term "developmental disability" means a severe, chronic disability of an individual that: i. is attributable to a mental or physical impairment or combination of mental and physical impairments; ii. is manifested before the individual attains age 22; iii. is likely to continue indefinitely; iv. results in substantial functional limitations in 3 or more of the following areas of major life activity: (1) Self-care, (II) Receptive and expressive language, (III) Learning, (IV) Mobility, (V) Self- direction, (VI) Capacity for independent living, (VII) Economic self- sufficiency; and V. reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (B) Infants and Young Children An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. • Has a physical, mental, or emotional impairment that is expected to be of long -continued and indefinite duration; substantially impedes their ability to live independently and is of such a nature that the ability to live independently could be improved by more suitable housing conditions. pg. 44 125 Administrative Plan Indian River County Housing Services Division People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS are not excluded from this definition. A person whose disability is based solely on any drug or alcohol dependence does not qualify as a person with disabilities for the purposes of this program. For purposes of reasonable accommodation and program accessibility for persons with disabilities, the term person with disabilities refers to an individual with handicaps. Individual with Handicaps [24 CFR 8.3] Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. As used in this definition, the phrase: Physical or mental impairment includes: a. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or b. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. 2. Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. 3. Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. 4. Is regarded as having an impairment means: a. Hasa physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation; Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or c. Has none of the impairments defined in paragraph (1) of this section but is treated by a recipient as having such an impairment. pg. 45 126 Administrative Plan Indian River County Housing Services Division Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.0 1001 and 1002] Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] Institution of Higher Education shall have the meaning given this term in the Higher Education Act of 1965 in 20 U.S.C. 1001 and 1002. Definition of "Institution of Higher Education" From 20 U.S.C. 1001 (a) Institution of higher education. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term "institution of higher education" means an educational institution in any State that (1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) Is legally authorized within such State to provide a program of education beyond secondary education; (3) Provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2 -year program that is acceptable for full credit toward such a degree; (4) Is a public or other nonprofit institution; and (5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term "institution of higher education" also includes— (1) Any school that provides not less than a 1 -year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. (c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered. Definition of "Institution of Higher Education" From 20 U.S.C. 1002 (a) Definition of institution of higher education for purposes of student assistance programs (1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this pg. 46 127 Administrative Plan Indian River County Housing Services Division subsection, the term "institution of higher education" for purposes of subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in addition to the institutions covered by the definition in section 1001 of this title— A. A proprietary institution of higher education (as defined in subsection (b) of this section); B. A postsecondary vocational institution (as defined in subsection (c) of this section); and C. Only for the purposes of part B of subchapter IV of this chapter, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part B of subchapter IV of this chapter. (2) Institutions outside the United States (A) In general. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001 (a)(4) of this title). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of subchapter IV of this chapter unless— (i) In the case of a graduate medical school located outside the United States— (1)(aa) At least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; and (bb) At least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; or (II) The institution has a clinical training program that was approved by a State as of January 1, 1992; or (ii) In the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution's students complete their clinical training at an approved veterinary school located in the United States. (B) Advisory panel (1) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an pg. 47 128 Administrative Plan Indian River County Housing Services Division advisory panel of medical experts that shall— (II) Evaluate the standards of accreditation applied to applicant foreign medical schools; and (III) Determine the comparability of those standards to standards for accreditation applied to United States medical schools. (IV) Special rule if the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title. (C) Failure to release information. The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of subchapter IV of this chapter. (D) Special rule. If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred. (3) Limitations based on course of study or enrollment. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution— (A) Offers more than 50 percent of such institution's courses by correspondence, unless the institution is an institution that meets the definition in section 2471 (4)(C) of this title; (B) Enrolls 50 percent or more of the institution's students in correspondence courses, unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2 - or 4 -year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; (C) Has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2 -or 4 -year program of instruction (or both) for which the institution awards a bachelor's degree, or an associate's degree or a postsecondary diploma, respectively; or (D) Has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2 - or 4 -year program of instruction (or both) for which the institution awards a bachelor's degree or an associate's degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent. (4) Limitations based on management. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— pg. 48 129 Administrative Plan Indian River County Housing Services Division (A) The institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution's management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or (B) The institution, the institution's owner, or the institution's chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, or has been judicially determined to have committed fraud involving funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42. (5) Certification. The Secretary shall certify an institution's qualification as an institution of higher education in accordance with the requirements of subpart 3 of part G of subchapter IV of this chapter. (6) Loss of eligibility. An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 as a result of an action pursuant to part G of subchapter IV of this chapter. (b) Proprietary institution of higher education (1) Principal criteria. For the purpose of this section, the term "proprietary institution of higher education" means a school that— (A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation; (B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this title; (C) Does not meet the requirement of paragraph (4) of section 1001 (a) of this title; (D) Is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part G of subchapter IV of this chapter; (E) Has been in existence for at least 2 years; and (F) Has at least 10 percent of the school's revenues from sources that are not derived from funds provided under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, as determined in accordance with regulations prescribed by the Secretary. (2) Additional institutions. The term "proprietary institution of higher education" also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. (c) Postsecondary vocational institution. (1) Principal criteria. For the purpose of this section, the term "postsecondary vocational institution" means a school that— pg. 49 130 Administrative Plan Indian River County Housing Services Division (A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation; (B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a) of this title; and (C) Has been in existence for at least 2 years. (3) Additional institutions. The term "postsecondary vocational institution" also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. pg. 50 131 Administrative Plan Indian River County Housing Services Division Chapter 4: Applications, Waiting Lists, and Tenant Selection When a family wishes to receive assistance under the PHA program, the family must submit an application that provides the PHA with the information needed to determine the family's eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list. When HCV assistance becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in the administrative plan and the annual plan. The PHA is required to adopt clear policies and procedures for accepting applications, placing families on the waiting list, and selecting families from the waiting list, and must follow these policies and procedures consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding. HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the PHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2. This chapter describes HUD and the PHA policies for taking applications, managing the waiting list and selecting families for HCV assistance. Part I: The Application Process. This part provides an overview of the application process and discusses how applicants can obtain and submit applications. It also specifies how IRCHSD will handle the applications it receives. Part II: Managing the Waiting List. This part presents the policies that govern how IRCHSD's waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process IRCHSD will use to keep the waiting list current. Part III: Selection for HCV Assistance. This part describes the policies that guide IRCHSD in selecting families for HCV assistance as such assistance becomes available. It also specifies how in-person interviews will be used to ensure that IRCHSD has the information needed to make a final eligibility determination. Part I: The Application Process 4-1 A. OVERVIEW This part describes PHA policies for making applications available, accepting applications, making preliminary determinations of eligibility, and the placement of applicants on the waiting list. This part also describes the PHA's obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP). 4-1 B. APPLYING FOR ASSISTANCE [HCV GB, PP. 4-11 — 4-16, NOTICE PIH 2009-361 Any family that wishes to receive HCV assistance must apply for admission to the program. HUD permits the PHA to determine the format and content of HCV applications, as well how such applications will be made available to interested families and how applications will be accepted by the PHA. IRCHSD Policy Depending upon the length of time that applicants may need to wait to receive assistance, may use a one- or two-step application process. pg. 51 132 Administrative Plan Indian River County Housing Services Division A one-step process will be used when it is expected that a family will be selected from the waiting list within 60 days of the date of application. At application, the family must provide all of the information necessary to establish family eligibility and level of assistance. A two-step process will be used when it is expected that a family will not be selected from the waiting list for at least 60 days from the date of application. Under the two-step application process, the staff initially will require families to provide only the information needed to make an initial assessment of the family's eligibility, and to determine the family's placement on the waiting list. The family will be required to provide all of the information necessary to establish family eligibility and level of assistance when the family is selected from the waiting list. Applications will only be accepted online. If an applicant submits more than one application during the initial application period, all submissions will be marked as inactive. A notice regarding this policy will be posted on the application webpage. 4-1 C. ACCESSIBILITY OF THE APPLICATION PROCESS Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 — 4-131 The PHA must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard the PHA application process. This could include people with disabilities, certain elderly individuals, as well as persons with limited English proficiency (LEP). The PHA must provide reasonable accommodation to the needs of individuals with disabilities. The application -taking facility and the application process must be fully accessible, or IRCHSD must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the PHA's policies related to providing reasonable accommodations for people with disabilities. Limited English Proficiency PHAs are required to take reasonable steps to ensure equal access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA's policies related to ensuring access to people with limited English proficiency (LEP). 4-1 D. PLACEMENT ON THE WAITING LIST The PHA must review each complete application received and make a preliminary assessment of the family's eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible, the family will be placed on a waiting list of applicants. No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)]. Ineligible for Placement on the Waiting List IRCHSD Policy If the PHA Program staff can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. If the family is determined to be ineligible based on the information provided in the pre -application, IRCHSD will notify the family in writing, state the reason(s), and inform them of their right to an informal review, as described in Chapter 16. IRCHSD does not allow alterations to the application once a determination is made on the application. Eligible for Placement on the Waiting List IRCHSD Policy IRCHSD will send written notification of the preliminary eligibility determination within 10 pg. 52 133 Administrative Plan Indian River County Housing Services Division business days of receiving a complete application. Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list. Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA. Part 11: Managing the Waiting List 4 -II A. OVERVIEW The PHA must have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants. In addition, HUD imposes requirements on how a PHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program. 4 -II B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 AND 205] The PHA's HCV waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan. The waiting list must contain the following information for each applicant listed: • Applicant name; • Family unit size; • Date and time of application; • Qualification for any local preference; • Racial or ethnic designation of the head of household. HUD requires the PHA to maintain a single waiting list for the PHA program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served. IRCHSD Policy IRCHSD shall maintain a single waiting list for the PHA program. IRCHSD will ensure that any eligible family can receive consideration for housing assistance in a fair, non- discriminatory, and predictable manner. HUD directs that a family that applies for assistance from the PHA program must be offered the opportunity to be placed on the waiting list for any public housing, project -based voucher or moderate rehabilitation program the PHA operates if 1) the other programs' waiting lists are open, and 2) the family is qualified for the other programs. HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs. A family's decision to apply for, receive, or refuse other housing assistance must not affect the family's placement on the HCV waiting list, or any preferences for which the family may qualify. IRCHSD Policy IRCHSD will not merge the HCV waiting list with the waiting list for any other program IRCHSD operates. pg. 53 134 Administrative Plan Indian River County Housing Services Division 4 -II C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.2061 Reopening the Waiting List If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received. IRCHSD E21icyr IRCHSD's Housing Services Manager may elect to open the Housing Choice Voucher waiting list at any time. IRCHSD will announce the reopening of the waiting list at least 3 days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice. Public notice will be given by publishing the relevant information in suitable media outlets, but not limited to, local newspaper, social media, and Indian River County Website, and other suitable outlets, if applicable. The notice will contain: 1. The dates, times, and the locations where families may apply; 2. The programs for which applications will be taken; 3. A brief description of the Housing Choice Voucher Program; 4. Limitations, if any, on who may apply; 5. IRCHSD's address, email address, and telephone number; 6. How to submit an application; and 7. Information on eligibility criteria and local preferences. The notices will be made in an accessible format upon request by a person with disabilities, as a reasonable accommodation. Closing the Waiting List A PHA is permitted to close the waiting list if it has an adequate pool of families to use its available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria. IRCHSD Policy IRCHSD will close the waiting list when the estimated waiting period for housing assistance for applicants on the list reaches 24 months for the most current applicants. Where there is a particular preferences or funding criteria that require a specific category of family, the PHA may elect to continue to accept applications from these applicants while closing the waiting list to others. 4 -II D. FAMILY OUTREACH [HCV GB, PP. 4-2 TO 4-4] The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted. Because HUD requires the PHA to admit a specified percentage of extremely low-income families to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 421]. PHA outreach efforts must comply with fair housing requirements. This includes: Analyzing the housing market area and the populations currently being served to identify underserved populations Ensuring that outreach efforts are targeted to media outlets that reach eligible pg. 54 135 Administrative Plan Indian River County Housing Services Division populations that are underrepresented in the program Avoiding outreach efforts that prefer or exclude people who are members of a protected class PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities: • Submitting press releases to local newspapers, including minority newspapers • Developing informational materials and flyers to distribute to other agencies • Providing application forms to other public and private agencies that serve the low income population • Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities IRCHSD Policy IRCHSD will publicize and disseminate information about the availability of housing assistance for very low-income families on a regular basis. IRCHSD will communicate the status of housing availability to other service providers in the community and advise them of eligibility requirements and guidelines so that they can make proper referrals for housing assistance. 4 -II E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES IRCHSD Policy While on the waitlist, applicants are required to inform IRCHSD in writing of a change in mailing address. Applicants are also required to respond to requests from IRCHSD to update information on their application and to confirm their interest in assistance. Failure to do so may result in removal of their name from the waiting list. 4 -II F. UPDATING THE WAITING LIST [24 CFR 982.204] HUD requires the PHA to establish policies to use when removing applicant names from the waiting list. Purging the Waiting List The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates, and the PHA determines that the family did not respond because of the family member's disability, the PHA must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)]. IRCHSD Policy The waiting list will be updated annually to ensure that all applicants and applicant information is current and timely. To update the waiting list, IRCHSD will send an update request via first class mail to each family on the waiting list to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that they have on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant's name being removed from the waiting list. The family's response must be in writing and may be delivered in person, by mail, or by fax. Responses should be postmarked or received by the IRCHSD no later than 10 business days from the date of the letter. The response must also include a copy of the applicant's pg. 55 136 Administrative Plan Indian River County Housing Services Division photo ID. If the family fails to respond within 10 business days, the family will be removed from the waiting list without further notice. If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice. If the notice is returned by the post office with a forwarding address, and the family did not notify the office providing the change of address within the 10 days of the address change, the applicant will be removed from the waiting list without further notice. If the family submitted the proper changes in the allowable time, the notice will be re -sent to the address indicated. The family will have 10 business days to respond from the date the letter was re- sent. If a family is removed from the waiting list for failure to respond, the IRCHSD staff may reinstate the family if it is determined that the lack of response was due to staff error or to circumstances beyond the family's control but can be no later than 30 days from the date the update letter was mailed. Removal from the Waiting List IRCHSD Policy If at any time an applicant family is on the waiting list, and it is determined that the family is not eligible for assistance (see Chapter 3), the family will be removed from the waiting list. If a family is removed from the waiting list because it had been determined the family is not eligible for assistance, a notice will be sent to the family's address of record as well as to any alternate address provided on the initial application. The notice will state the reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding the decision (see Chapter 16) [24 CFR 982.201(f)]. Part III: Selection for HCV Assistance 4 -III A. OVERVIEW As vouchers become available, families on the waiting list must be selected for assistance in accordance with the policies described in this part. The order in which families are selected from the waiting list depends on the selection method chosen by the PHA program admin policy and is impacted in part by any selection preferences for which the family qualifies. The availability of targeted funding also may affect the order in which families are selected from the waiting list. An Agency must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the PHA Program selection policies [24 CFR 982.204(b) and 982.207(e)]. 4 -III B. SELECTION AND HCV FUNDING SOURCES Special Admissions [24 CFR 982.2031 HUD may award funding for specifically named families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non -purchasing family residing in a HOPE 1 or 2 projects). In these cases, the PHA may admit such families whether or not they are on the waiting list, and, if they are on the waiting list, without considering the family's position on the waiting list. These families are considered non -waiting list selections. The PHA must maintain records showing that such families were admitted with special program funding. Targeted Funding [24 CFR 982.204(e)] HUD may award IRCHSD funding for a specified category of families on the waiting list. IRCHSD pg. 56 137 Administrative Plan Indian River County Housing Services Division must use this funding only to assist the families within the specified category. In order to assist families within a targeted funding category, IRCHSD may skip families that do not qualify within the targeted funding category. Within this category of families, the order in which such families are assisted is determined according to the policies provided in Section 4-III.C. IRCHSD Policy IRCHSD shall carefully observe the eligibility and tenant selection requirements for targeted vouchers, as they are described in the HUD Notice of Funding Availability (NOFA) announcing the availability of the vouchers, and in HUD award letters. IRCHSD shall also carry out the commitments it makes in its grant applications submitted to HUD in response to NOFAs for targeted vouchers. IRCHSD administers the following types of targeted funding: • Veterans Administration Supportive Housing (VASH) Vouchers • Emergency Housing Vouchers (EHV) Regular HCV Funding Regular HCV funding may be used to assist any eligible family on the waiting list. Families are selected from the waiting list according to the policies provided in Section 4-III.C. 4 -III C. SELECTION METHOD PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the PHA will use [24 CFR 982.202(d)]. Local Preferences f24 CFR 982.207; HCV p. 4-16] PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion. Any local preferences established must be consistent with their Five Year, Annual plan, and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources. IRCHSD Policy PHA Program will use the following local preferences: • A preference will be offered to any family that has been terminated from its PHA program due to insufficient program funding. • Local elderly preference will be the 1st priority and then nonlocal elderly will be the 2nd priority, local families residing in Indian River County for the past twelve (12) months will be the 3rd priority, then all other applicants will be housed as date and time; Witness protection will be given regardless of where they reside (see below regarding Witness protection). • A preference will be offered to one bedroom elderly families that has been residing in Indian River County for the past twelve (12) months and who have applied for the HCV waiting list and may accept applications for one bedroom elderly homeless families even when the waiting list is closed to accommodate the families. • The homeless status must be verified by the COC within the jurisdiction of Indian River County; There will be no limit for voucher issuance for the one bedroom homeless elderly families, but will depend on funding availability. • A preference will be offered to any family that has been residing in Indian River County for the past twelve (12) months. pg. 57 138 Administrative Plan Indian River County Housing Services Division A preference will be offered even when the waiting list is closed for a family that needs to be provided a relocation and protection as a witness or potential witness of a Federal, State, or Local Law Enforcement agency in an official proceedings concerning serious criminal offenses, we will consider it as "Witness Protection Program" or any similar program that serves the same purpose. these agencies and the witness must provide proper documentation so the PHA Program can offer the family a preference for a voucher in order to avoid reprisals because the family provided information on criminal activities to a law enforcement agency and after a threat assessment, law enforcement agency or Federal and State prosecutor recommends housing the family to avoid or reduce the risk of violence against the family, there will be a limit of three voucher issuances for the "Witness Protection Program" or similar program per calendar year and will depend on funding availability • PHA Program will first assist families that have been terminated from the PHA Program due to insufficient funding and then assist families that qualify for the local and elderly preference. Income Targeting Requirement [24 CFR 982.201(b)(2)] HUD requires that extremely low-income (ELI) families make up at least 75 percent of the families admitted to the PHA Program during IRCHSD's fiscal year. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher. To ensure this requirement is met, a PHA may skip non -ELI families on the waiting list in order to select an ELI family. Low-income families admitted to the program that are continuously assisted under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate -income families admitted to the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low-income housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)]. IRCHSD Policy IRCHSD staff will monitor progress in meeting the income targeting requirement throughout the fiscal year. Extremely low-income families will be selected ahead of other eligible families on an as -needed basis to ensure the income targeting requirement is met. Order of Selection The PHA system of preferences may select families based on local preferences according to the date and time of application or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)]. IRCHSD Policy Families will be selected from the waiting list based on the targeted funding and/or selection preference(s) for which they qualify, and in accordance with the hierarchy of preferences, if applicable. Within each targeted funding and/or preference category, families will be selected on a first-come, first-served basis according to the date and time their complete application is received. 4 -III D. NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the PHA must notify the family [24CFR 982.554(a)]. IRCHSD Policy The family will be notified by first class mail when it is selected from the waiting list. The notice will inform the family of the following: pg. 58 139 Administrative Plan Indian River County Housing Services Division • Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview • Who is required to attend the interview • All documents that must be provided at the interview, including information about what constitutes acceptable documentation If a notification letter is returned to the IRCHSD with no forwarding address, the family will be removed from the waiting list. A notice of denial (see Chapter 3) will be sent to the family's address of record, as well as to any known alternate address. 4-111 E. THE APPLICATION INTERVIEW HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination through a face-to-face interview with a PHA representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program. Assistance cannot be provided to the family until all SSN documentation requirements are met. However, if the PHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the PHA [Notice PIH 2012-10]. Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. IRCHSD Poiicy Families selected from the waiting list are required to participate in an eligibility interview. The head of household and the spouse/cohead is strongly encouraged to attend the interview together. However, either the head of household or the spouse/cohead may attend the interview on behalf of the family. Verification of information pertaining to adult members of the household does not present at the interview will not begin until signed release forms are returned. The head of household or spouse/cohead must provide acceptable documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity.) If the family representative does not provide the required documentation at the time of the interview, he or she will be required to provide it within 10 business days. Pending disclosure and documentation of social security numbers, the PHA will allow the family to retain its place on the waiting list for 10 business days. If not all household members have disclosed their SSNs at the next time IRCHSD is issuing vouchers, the PHA will issue a voucher to the next eligible applicant family on the waiting list. The family must provide the information necessary to establish the family's eligibility and determine the appropriate level of assistance, as well as completing required forms, providing required signatures, and submitting required documentation. If any materials are missing, the staff will provide the family with a written list of items that must be submitted. Any required documents or information that the family is unable to provide at the interview must be provided within 10 business days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of eligible noncitizen status). If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the required documents and information are not provided within the required time frame (plus any extensions), the family will be sent a notice of denial (See Chapter 3). pg. 59 140 Administrative Plan Indian River County Housing Services Division An advocate, interpreter, or other assistant may assist the family with the application and the interview process. Interviews will be conducted in English. For limited English proficient (LEP) applicants, the staff will provide translation services in accordance with the Admin LEP plan. If the family is unable to attend a scheduled interview, the family should contact the PHA in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, the PHA will send another notification letter with a new interview appointment time. Applicants who fail to attend two scheduled interviews without staff approval will be denied assistance based on the family's failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3. 4 -III F. COMPLETING THE APPLICATION PROCESS The PHA must verify all information provided by the family (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for any special admission, targeted funding admission, or selection preference that affected the order in which the family was selected from the waiting list. IRCHSD Policy If IRCHSD determines that the family is ineligible, IRCHSD will send written notification of the ineligibility determination within 10 business days of the determination. The notice will specify the reasons for ineligibility and will inform the family of its right to request an informal hearing (Chapter 16). Verification of Information [24 CFR 982.201(e)] IRCHSD Policy Information provided by the applicant will be verified in accordance with the procedures outlined in Chapter 7, Verification Procedures. This includes verifying family composition, income, allowances and deductions, assets, student status, immigration status, eligibility, rent calculation factors, and any other pertinent information. Resubmission of Outdated Income Documentation IRCHSD Policy As a general rule, income information must be current within 60 days of the date of issuance of a voucher, although some documents may have different standards of currency, as described in Chapter 7, Verification. Applicants may have to re -submit documentation if the documentation previously submitted is no longer current according to the standards described in Chapter 7. Denial of an Application Based on Information on Application IRCHSD Policy If the family is determined to be ineligible based on the information provided in the application, IRCHSD will notify the family in writing, state the reason(s), and inform them of their right to an informal hearing, as described in Chapter 3. IRCHSD does not allow alterations to the application once a determination is made on the application. Applicants Denied because they are Younger than Age 18 IRCHSD Policy Applicants who are not eligible because they are younger than 18 years old may remain on the HCV waiting list until they are 18, at which time their application will be processed, if funds are available. pg. 60 141 Administrative Plan Indian River County Housing Services Division Criminal Background Check IRCHSD Policy After an applicant's file is complete with respect to income documentation and other elements of eligibility, IRCHSD will order a criminal background check for the applicant. If the criminal background check reveals criminal history that does not meet IRCHSD's standards for eligibility/criminal history outlined in Chapter 3, IRCHSD will notify the applicant in writing that the application is denied based on criminal history and provide information on how to request an informal review as described in Chapter 16. A copy of the criminal history report will be mailed to the applicant along with the notice of denial. Family Briefing and Voucher Issuance If the PHA determines that the family is eligible to receive assistance, the PHA will invite the family to attend a briefing in accordance with the policies in Chapter 5. IRCHSD Policy After an applicant household has cleared the criminal background check, the family will be invited to the next available family briefing session, at which time they will pick up their voucher. The briefing is mandatory; no family will be issued a voucher until they have attended one. pg. 61 142 Administrative Plan Indian River County Housing Services Division Chapter 5: Briefings and Voucher Issuance This chapter explains the briefing and voucher issuance process. When a family is determined to be eligible for the Housing Choice Voucher (HCV) program, the PHA must ensure that the family fully understands the way the program operates and the family's obligations under the program. This is accomplished through both an oral briefing and provision of a briefing packet containing the HUD -required documents and other information the family needs to know in order to lease a unit under the program. Once the family is fully informed of the program's requirements, the PHA issues the family a voucher. The voucher includes the unit size for which the family qualifies based on the PHA's subsidy standards, as well as the issue and expiration date of the voucher. The voucher is the document that authorizes the family to begin its search for a unit and limits the amount of time the family has to successfully locate an acceptable unit. This chapter describes HUD regulations and PHA Program policies related to these topics in two parts: Part I: Briefings and Family Obligations. This part details the program's requirements for briefing families orally, and for providing written materials describing the program and its requirements. It includes a particular focus on the family's obligations under the program. Part II: Subsidy Standards and Voucher Issuance. This part discusses IRCHSD's standards for determining how many bedrooms a family of a given composition qualifies for, which in turn affects the amount of subsidy the family can receive. It also discusses the policies that dictate how vouchers are issued, and how long families have to locate a unit. Part I: Briefings And Family Obligations 5-1 A. OVERVIEW HUD regulations require the PHA to conduct mandatory briefings for applicant families who qualify for a voucher. The briefing provides a broad description of owner and family responsibilities, explains the PHA's procedures, and includes instructions on how to lease a unit. The family will also receive a briefing packet which provides more detailed information about the program. This part describes how briefings will be conducted, the information that will be provided to families, and the policies for extensions and suspensions of vouchers. 5-1 B. BRIEFING [24 CFR 982.301 The PHA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program. Families may be briefed individually or in groups. At the briefing, the PHA must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1973), and ensure that the briefing is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2. IRCHSD Policy A full briefing, as required by HUD, will be conducted for applicant families prior to being issued a voucher. Families may attend briefings and then meet with IRCHSD staff, who will issue their voucher and provide further detailed information about the program as necessary. Briefings will be conducted in English. For limited English proficient (LEP) applicants, IRCHSD will provide translation services in accordance with IRCHSD's LEP plan (See Chapter 2). IRCHSD will not issue a voucher to a family unless the household representative has attended a briefing and signed the voucher. pg. 62 143 Administrative Plan Indian River County Housing Services Division Notification and Attendance IRCHSD Policy After an applicant household has cleared the criminal history check, the family will be invited to the next available family briefing session, at which time they will receive their voucher. The briefing is mandatory; no family will be issued a voucher until they have attended one. Families will be notified by mail of their eligibility for assistance at the time they are invited to attend a briefing. The notice will identify who is required to attend the briefing, as well as the date and time of the scheduled briefing. If the notice is returned by the post office with no forwarding address, the applicant will be denied, and their name will not be placed back on the waiting list. If the notice is returned by the post office with a forwarding address, the notice will be re -sent to the address indicated. Applicants who provide prior notice of inability to attend a briefing will generally be scheduled for the next available or a future briefing. Applicants who fail to attend a scheduled briefing without prior notice will automatically be scheduled for the next available briefing. Applicants who fail to attend two scheduled briefings, without prior notification and approval by IRCHSD, may be denied admission based on failure to supply information needed for certification. The briefing format for families who have family members with disabilities may be modified upon request by the family. This may include conducting one-on-one briefings on site or outside the office. Such families may, however, be required to complete a formal written request for an accommodation of the disability. Requirement to Provide Information and Keep Appointments The family will be given information about the requirement to keep appointments and the number of times appointments will be rescheduled, as specified in this Plan. Appointments will be scheduled, and time requirements (deadlines) will be imposed for the following events and circumstances: • Completion of verification procedures; • Attendance at voucher issuance and briefings; • Attendance at Housing Quality Standards (HQS) inspections; • Completion of re -certifications; • Attendance at family conferences; and • Requests for appeals. Generally, acceptable reasons for missing appointments or failing to provide information by deadlines are: Medical emergency; Family emergency; or Other good cause, as determined by IRCHSD. Missed Appointments and Deadlines 124 CFR 982.551, 982.552 (c)1 IRCHSD Policy A participant who fails to keep an appointment, or to supply information required by a deadline without notifying IRCHSD, may be sent a Notice of Termination of Assistance for failure to provide required information, or for failure to allow IRCHSD to inspect the unit. The Notice will include information about requesting a hearing. For most purposes in this Plan, the family will be given two opportunities before being pg. 63 144 Administrative Plan Indian River County Housing Services Division issued a notice of termination or denial for breach of a family obligation. The notice may be rescinded if the family offers to reschedule, and the family does not have a history of non- compliance. Oral Briefing [24 CFR 982.301(a)1 Each briefing must provide information on the following subjects: • How the Housing Choice Voucher program works; • Family and owner responsibilities; • Where the family can lease a unit, including renting a unit inside or outside the PHA's jurisdiction; • An explanation of how portability works. • The advantages of areas that do not have a high concentration of low-income families; and • For families receiving welfare -to -work vouchers, a description of any local obligations of a welfare -to -work family and an explanation that failure to meet the obligations is grounds for denial of admission or termination of assistance. In briefing a family that includes a person with disabilities, PHA must also take steps to ensure effective communication. Move Briefing IRCHSD Policy A move briefing may be held for participants who will be reissued a voucher to move and have given notice of intent to vacate to their landlord. This briefing shall include incoming and outgoing portable families. It may be conducted in a group format or through a personal interview. Briefing Packet f24 CFR 982.301(b)1 Documents and information provided in the briefing packet must include the following: • The term of the voucher, voucher suspensions, and the PHA's policies on any extensions of the term. If the PHA allows extensions, the packet must explain how the family can request an extension. • A description of the method used to calculate the housing assistance payment for a family, including how the PHA determines the payment standard for a family, how the PHA determines total tenant payment for a family, and information on the payment standard and utility allowance schedule. • An explanation of how the PHA determines the maximum allowable rent for an assisted unit. • Where the family may lease a unit and an explanation of how portability works, • The HUD -required tenancy addendum, which must be included in the lease. • The form the family must use to request approval of tenancy, and a description of the procedure for requesting approval for a tenancy. • A statement of the PHA policy on providing information about families to prospective owners. • The PHA subsidy standards including when and how exceptions are made. • Materials (e.g., brochures) on how to select a unit and any additional information on selecting a unit that HUD provides (e.g., HUD brochure entitled, "A Good Place to Live"). • Information on federal, state and local equal opportunity laws and a copy of the housing discrimination complaint form, including information on how to complete the form and file a fair housing complaint. • A list of landlords known to the PHA who may be willing to lease a unit to the family or other resources (e.g., newspapers, organizations, online search tools) known to the PHA that may assist the family in locating a unit. PHAs must ensure that the list of landlords or other resources covers areas outside of poverty or minority concentration. • Notice that if the family includes a person with disabilities, the family may request a list of available accessible units known to the PHA. • The family obligations under the program, including any obligations of a welfare -to -work family, and any obligations of other special programs if the family is participating in one of those programs. pg. 64 145 Administrative Plan Indian River County Housing Services Division The grounds on which the PHA may terminate assistance for a participant family because of family action or failure to act. • PHA informal hearing procedures including when the PHA is required to offer a participant family the opportunity for an informal hearing, and how to request the hearing. • An explanation of the advantages of moving to an area that does not have a high concentration of low-income families. • The HUD pamphlet on lead-based paint entitled, "Protect Your Family from Lead in Your Home." If the PHA is located in a metropolitan area, the following additional information must be included in the briefing packet in order to receive full points under SEMAP Indicator 7, Expanding Housing Opportunities [24 CFR 985.3(g)]: • Maps showing areas with housing opportunities outside areas of poverty or minority concentration, both within its jurisdiction and its neighboring jurisdiction • Information about the characteristics of these areas including job opportunities, schools, transportation, and other services • An explanation of how portability works, including a list of portability contact persons for neighboring PHAs with names, addresses, and telephone numbers Additional Items to Be Included in the Briefing Packet In addition to items required by the regulations, an Agency may wish to include supplemental materials to help explain the program to both participants and owners [HCV GB p. 8-7, Notice PIH 2017-12]. IRCHSD Policy HCV Staff will provide the following additional materials in the briefing packet (not limited to just this list): • The HUD pamphlet on lead-based paint entitled Protect Your Family from Lead in Your Home • Family Handbook • Things you should know form • "A Good Place to Live" brochure • Tenancy Addendum • The form HUD -5380 domestic violence certification form and the form HUD 5382 notice of occupancy rights, which contains information on VAWA protections for victims of domestic violence, dating violence, sexual assault, and stalking • "Is Fraud Worth It?" (form HUD -1141 -OIG), which explains the types of actions a family must avoid and the penalties for program abuse • "What You Should Know about EIV," a guide to the Enterprise Income • Verification (EIV) system published by HUD as an attachment to Notice PIH 2017-12 • "Debts Owed" form • Radon Gas • Notice: Disability Accommodation • Sex Offender Notice • Notice of Fraud pg. 65 146 Administrative Plan Indian River County Housing Services Division 5-1 CYAMILY OBLIGATIONS Obligations of the family are described in the HCV regulations and on the voucher itself. These obligations include responsibilities the family is required to fulfill, as well as prohibited actions. The PHA must inform families of these obligations during the oral briefing, and the same information must be included in the briefing packet. When the family's unit is approved and the HAP contract is executed, the family must meet those obligations in order to continue participating in the program. Violation of any family obligation may result in termination of assistance, as described in Chapter 12. Time Frames for Reporting Changes Required by Family Obligations IRCHSD Policy Unless otherwise noted below, when family obligations require the family to respond to a request or notify IRCHSD of a change, notifying IRCHSD of the request or change within 10 business days is considered prompt notice. When a family is required to provide notice to IRCHSD, the notice must be in writing. Family Obligations [24 CFR 982.5511 The family obligations of the voucher are listed as follows: • The family must supply any information that the PHA or HUD determines to be necessary, including submission of required evidence of citizenship or eligible immigration status. • The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition. • The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information. • Any information supplied by the family must be true and complete. • The family is responsible for any deficiencies under the National Standards for the Physical Inspection of Real Estate (NSPIRE) caused by failure to pay tenant -provided utilities or appliances, or damages to the dwelling unit or premises beyond ordinary wear and tear caused by any member of the household or guest. IRCHSD Policy Damages beyond normal wear and tear will be considered to be damages which could be assessed against the security deposit. • The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan. • The family must not commit any serious or repeated violation of the lease. IRCHSD Policy It will determine if a family has committed serious or repeated violations of the lease based on available evidence, including but not limited to, a court-ordered eviction or an owner's notice to evict, police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge. Serious and repeated lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises, and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault, or stalking will not be construed as serious or repeated lease violations by the victim [24 CFR 5.2005(c)(1)]. • The family must notify the PHA and the owner before moving out of the unit or terminating the lease. pg. 66 147 Administrative Plan Indian River County Housing Services Division IRCHSD Policy The family must comply with lease requirements regarding written notice to the owner. The family must provide written notice to the IRCHSD office at the same time the owner is notified. • The family must promptly give the PHA a copy of any owner eviction notice. • The family must use the assisted unit for residence by the family. The unit must be the family's only residence. • The composition of the assisted family residing in the unit must be approved by the PHA. • The family must promptly notify the PHA in writing of the birth, adoption, or court -awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit. IRCHSD Policy The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. Eligibility will be determined of the new member in accordance with the policies in Chapter 3. IRCHSD may deny a family's request to add additional family members who are: o Persons who have been evicted from public housing; o Persons who have previously violated a family obligation listed above and in 24 CFR 982.551 of HUD regulations; o Persons who have been part of a family whose assistance has been terminated for cause under the Certificate or Voucher program; o Persons who have engaged in drug-related criminal activity or violent criminal activity; o Persons who have committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; o Persons who currently owe rent or other amounts to IRCHSD or to another PHA in connection with Section 8 or public housing assistance under the 1937 Housing Act; o Persons who have engaged in or threatened abusive or violent behavior toward residents, the public or IRCHSD personnel; o Persons who cannot provide verification of their assigned SSN; or o Persons who contend to have eligible immigration status but cannot provide verification. (Refer to Chapter 14, Recertifications, for further information on adding people to a subsidized family.) • The family must promptly notify the PHA in writing if any family member no longer lives in the unit. Families are required to notify IRCHSD if any family member leaves the assisted household. When the family notifies IRCHSD, they must furnish the following information: o The date the family member moved out; and o A statement as to whether the family member is temporarily or permanently absent. If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live-in aide, and to define when PHA consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (sections IX and I.M), and Chapter 11 (section 11.6). pg. 67 148 Administrative Plan Indian River County Housing Services Division • The family must not sublease the unit, assign the lease, or transfer the unit. IRCHSD Policy Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit who is not listed as a family member. • The family must supply any information requested by the PHA to verify that the family is living in the unit or information related to family absence from the unit. • The family must promptly notify the PHA when the family is absent from the unit. IRCHSD Policy Notice is required under this provision only when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. Written notice must be provided to the PHA at the start of the extended absence. • The family must pay utility bills and provide and maintain any appliances that the owner is not required to provide under the lease [Form HUD -52646, Voucher]. • The family must not own or have any interest in the unit, (other than in a cooperative and owners of a manufactured home leasing a manufactured home space). • Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program. (See Chapter 14, Program Integrity for additional information). • Family members must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for HUD and PHA policies related to drug-related and violent criminal activity. • Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse. • An assisted family or member of the family must not receive PHA Program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program. • A family must not receive PHA Program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. [Form HUD -52646, Voucher] Limitation on Profit -Making Activity in Unit IRCHSD Policy Any business activity that results in the family's inability to use any of the living areas in the unit, such as a bedroom utilized for a business which is not available for sleeping, is prohibited. Any use of the unit for a business that is not incidental to its use as a dwelling unit is prohibited. Any illegal business or business not permitted by zoning is prohibited. Part II: Subsidy Standards and Voucher Issuance 5 -II A. OVERVIEW The PHA must establish subsidy standards that determine the number of bedrooms needed for families of different sizes and compositions. This part presents the policies that will be used to determine the family unit size (also known as the voucher size) a particular family should receive, and pg. 68 149 Administrative Plan Indian River County Housing Services Division the policies that govern making exceptions to those standards. The PHA must also establish policies related to the issuance of the voucher, to the voucher term, and to any extensions of the voucher term. 5 -II B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.4021 For each family, the PHA determines the appropriate number of bedrooms under the PHA subsidy standards and enters the family unit size on the voucher that is issued to the family. The family unit size does not dictate the size of unit the family must actually lease, nor does it determine who within a household will share a bedroom/sleeping room. The following requirements apply when the PHA determines family unit size: • The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding. • The subsidy standards must be consistent with space requirements under the housing quality standards. • The subsidy standards must be applied consistently for all families of like size and composition. • A child who is temporarily away from the home because of placement in foster care is considered a member of the family in determining the family unit size. • A family that consists of a pregnant woman (with no other persons) must be treated as a two -person family. • Any live-in aide (approved by the PHA to reside in the unit to care for a family member who is disabled or is at least 50 years of age) must be counted in determining the family unit size • Unless a live -in -aide resides with a family, the family unit size for any family consisting of a single person must be either a zero- or one -bedroom unit, as determined under the PHA subsidy standards. IRCHSD Policy The following guidelines will be used to determine the appropriate number of bedrooms for a household: o The PHA will assign one bedroom for each two persons, based on gender, within the household. o Two persons of the same gender (e.g., two females or two males) will share one bedroom. o Persons of the opposite sex, except for spouses or children under age 5, will be allocated separate bedrooms. o A live-in aide will be allocated a separate bedroom. o Single -person households will be allocated either zero or one bedroom, based on program guidelines. IRCHSD will reference the following chart in determining the appropriate voucher size for a family: Persons in Household Minimum Maximum 0 Bedroom 1 2 1 Bedroom 1 2 2 Bedrooms 2 4 3 Bedrooms 3 6 4 Bedrooms 4 8 5 Bedrooms 5 10 Unit Size Selected if Different from Voucher [24 CFR 982.402(c)1 The family that selects a dwelling unit of a different size than that listed on the voucher shall be subject to the following: • Subsidy Limitation: The payment standard for a family shall be the lower of: pg. 69 150 Administrative Plan Indian River County Housing Services Division 1. The payment standard for the number of bedrooms allowed based on family size and composition, according to the guidelines noted above; or 2. The payment standard amount for the actual number of bedrooms for the unit rented by the family. • Utility Estimate: The utility estimate used to calculate the gross rent is based on the lower of the family's voucher size, or the unit size. 5 -II C. EXCEPTIONS TO SUBSIDY STANDARDS In determining family unit size for a particular family, the PHA may grant an exception to its established subsidy standards if IRCHSD determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not limited to: A need for an additional bedroom for medical equipment A need for a separate bedroom for reasons related to a family member's disability, medical or health condition For a single person who is not elderly, disabled, or a remaining family member, an exception cannot override the regulatory limit of a zero or one bedroom [24 CFR 982.402(b)(8)]. IRCHSD Policy IRCHSD may grant exceptions from the subsidy standards only if the family makes a written request for a larger voucher size that provides compelling reasons to prove that an exception is necessary. The need for an exception shall be supported by documentation from relevant qualified professionals (e.g., licensed medical or social service professionals, court or law enforcement officials). Before granting subsidy for additional bedrooms, IRCHSD must find that an exception is necessary based upon the information provided by the family. Accommodation for a Person with Disabilities IRCHSD may grant an exception to voucher size standards as an accommodation for persons with disabilities if subsidy for an additional bedroom is shown to be needed. Such requests must be made in writing. Both the nature of the disability and the reasons for the additional bedroom related to the disability must be verified by a doctor or other medical professional or a licensed social service professional. Under -housed and Over -housed Families Families are required to notify IRCHSD of all increases or decreases in household size within 10 days of the date of the increase or decrease. If a unit does not meet Housing Quality Standards (HQS) cited below due to an increase in family size (making the unit too small), IRCHSD will issue a new voucher of the appropriate size. If a family becomes under -housed as the result of a decrease in household size, such that it no longer meets the minimum occupancy standards outlined above, IRCHSD will reduce its subsidy to the appropriate voucher size at the latter of the family's next annual review\update or after fulfilling the initial lease term following the reduction in household size. IRCHSD may make an exception as an accommodation for a person with a disability or for a family that has a member with a disability. Minimum Occupancy Standards Observed When additional bedrooms have been allocated to a family for a larger voucher size, minimum occupancy standards must still be met (see chart above). An accommodation request for an exception to the minimum occupancy standards will be forwarded to a manager, who will review and respond to the request. pg. 70 151 Administrative Plan Indian River County Housing Services Division 5 -II D. VOUCHER ISSUANCE [24 CFR 982.3021 When a family is selected from the waiting list (or as a special admission as described in Chapter 4), or when a participant family wants to move to another unit, the PHA issues a Housing Choice Voucher, form HUD -52646. This chapter deals only with voucher issuance for applicants. For voucher issuance associated with moves of program participants, please refer to Chapter 10. The voucher is the family's authorization to search for housing. It specifies the unit size for which the family qualifies and includes both the date of voucher issuance and date of expiration. It contains a brief description of how the program works and explains the family obligations under the program. The voucher is evidence that the PHA has determined the family to be eligible for the program, and that the PHA expects to have money available to subsidize the family if the family finds an approvable unit. However, IRCHSD does not have any liability to any party by the issuance of the voucher, and the voucher does not give the family any right to participate in the PHA's housing choice voucher program [Voucher, form HUD -52646] A voucher can be issued to an applicant family only after the PHA has determined that the family is eligible for the program based on verification of information received within the 60 days prior to issuance [24 CFR 982.201(e)] and after the family has attended an oral briefing [HCV 8-1]. IRCHSD Policy Following the briefing session, each household will be issued a voucher, which represents a contractual agreement between IRCHSD and the family, specifying the rights and responsibilities of each party. It does not constitute admission to the program, which occurs when the lease and contract become effective. The PHA should have sufficient funds to house an applicant before issuing a voucher. If funds are insufficient to house the family at the top of the waiting list, the PHA must wait until it has adequate funds before it calls another family from the list [HCV GB p. 8-10]. IRCHSD Policy Prior to issuing any vouchers, IRCHSD will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter 16. If the PHA determines that there is insufficient funding after a voucher has been issued, the PHA may rescind the voucher and place the affected family back on the waiting list. 5 -II E. VOUCHER TERM AND EXTENSIONS Voucher Term [24 CFR 982.303] The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on the voucher [24 CFR 982.303(a)]. IRCHSD _ o is The initial voucher term will be 60 calendar days. The family must have a Request for Tenancy Approval and Lease submitted on their behalf by a landlord within the 60 -day period unless an extension has been granted by IRCHSD. Extensions of Voucher Term [24 CFR 982.303(b)1 The PHA has the authority to grant extensions of search time, to specify the length of an extension, and to determine the circumstances under which extensions will be granted. There is no limit on the number of extensions that the PHA can approve. Discretionary policies related to extension and expiration of search time must be described in the PHA's administrative plan [24 CFR 982.54]. PHAs must approve additional search time if needed as a reasonable accommodation to make the program accessible to and usable by a person with disabilities. The extension period must be pg. 71 152 Administrative Plan Indian River County Housing Services Division reasonable for the purpose. The family must be notified in writing of the PHA's decision to approve or deny an extension. The PHA's decision to deny a request for an extension of the voucher term is not subject to informal review [24 CFR 982.554(c)(4)]. IRCHSD Policy Will approve additional extensions only in the following circumstances: • It is necessary as a reasonable accommodation for a person with disabilities. • It is necessary due to reasons beyond the family's control, as determined. Following is a list of extenuating circumstances that may be considered in making its decision. The presence of these circumstances does not guarantee that an extension will be granted: o Whether the family has already submitted requests for tenancy approval that were not approved; o Whether affordable housing is available; o An extension will only be granted for an additional 30 to 60 days after the first 60 days were granted, if applicable. Any request for an additional extension must include the reason(s) an additional extension is necessary. IRCHSD staff may require the family to provide documentation to support the request or obtain verification from a qualified third party. All requests for extensions to the voucher term must be made in writing and submitted prior to the expiration date of the voucher (or extended term of the voucher). A decision will be made whether to approve or deny an extension request within 10 business days of the date the request is received and will immediately provide the family written notice of its decision. Suspensions of Voucher Term [24 CFR 982.303(c)1 The PHA must provide for suspension of the initial or any extended term of the voucher from the date the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied. IRCHSD 2 is If the voucher expires and is not extended by IRCHSD prior to the date of expiration, the family will be denied assistance. The family will not be entitled to a review or hearing when a voucher expires. If the family is currently assisted, and has been issued a voucher to move, they may remain as a participant in their unit for as long as there is an assisted lease/contract in effect. Within 10 business days after the expiration of the voucher term or any extension, IRCHSD will notify the family in writing that the voucher term has expired and that the family must reapply in order to be placed on the waiting list. Expiration of Voucher Term Once a family's housing choice voucher term (including any extensions) expires, the family is no longer eligible to search for housing under the program. If the family still wishes to receive assistance, an Agency may require that the family reapply or may place the family on the waiting list with a new application date but without requiring reapplication. Such a family does not become ineligible for the program on the grounds that it was unable to locate a unit before the voucher expired [HCV GB p. 8-13]. IRCHSD Policy If an applicant family's voucher term or extension expires before the IRCHSD staff has approved a tenancy, they will require the family to reapply for assistance. pg. 72 153 Administrative Plan Indian River County Housing Services Division Within 10 business days after the expiration of the voucher term or any extension, they will notify the family in writing that the voucher term has expired and that the family must reapply in order to be placed on the waiting list. pg. 73 154 Administrative Plan Indian River County Housing Services Division Chapter 6: Income and Subsidy Determinations A family's income determines eligibility for assistance and is also used to calculate the family's payment and the PHA's subsidy. The PHA will use the policies and methods described in this chapter to ensure that only eligible families receive assistance and that no family pays more or less than its obligation under the regulations. This chapter describes HUD regulations and HCV policies related to these topics in three parts as follows: Part I: Annual Income. HUD regulations specify the sources of income to include and exclude to arrive at a family's annual income. These requirements and PHA policies for calculating annual income are found in Part I. Part II: Adjusted Income. Once annual income has been established HUD regulations require the PHA to subtract from annual income any of five mandatory deductions for which a family qualifies. These requirements and PHA policies for calculating adjusted income are found in Part 11. Part III: Calculating Family Share and PHA Subsidy. This part describes the statutory formula for calculating total tenant payment (TTP), the use of utility allowances, and the methodology for determining PHA subsidy and required family payment. Part 1: Annual Income 6-1 A. OVERVIEW "Annual income" is the gross income, prior to any HUD allowed expenses or deductions, after federally mandated exclusions under 24 CFR 5.609(c) anticipated to be received by all family members in the 12 months following certification or recertification. Annual income is used to determine whether applicants are within the applicable income limits. The general regulatory definition of annual income shown below is from 24 CFR 5.609.5.609 Annual income. • Annual income means all amounts, monetary or not, which: • Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or • Are anticipated to be received from a source outside the family during the 12 -month period following admission or annual reexamination effective date; and • Which are not specifically excluded in paragraph [5.609(c)]. • Annual income also means amounts derived (during the 12 -month period) from assets to which any member of the family has access. In addition to this general definition, HUD regulations establish policies for treating specific types of income and assets. The full texts of those portions of the regulations are provided in exhibits at the end of this chapter as follows: • Annual Income Inclusions (Exhibit 6-1) • Annual Income Exclusions (Exhibit 6-2) • Treatment of Family Assets (Exhibit 6-3) • Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4) • The Effect of Welfare Benefit Reduction (Exhibit 6-5) Sections 6-1.13 and 6-I.0 discuss general requirements and methods for calculating annual income. The rest of this section describes how each source of income is treated for the purposes of determining annual income. HUD regulations present income inclusions and exclusions separately [24 CFR 5.609(b) and 24 CFR 5.609(c)]. In this plan, however, the discussions of income inclusions and exclusions are integrated by topic (e.g., all policies affecting earned income are discussed together in section 6-I.D). Verification requirements for annual income are discussed in Chapter 7. pg. 74 155 Administrative Plan Indian River County Housing Services Division 6-1 B. HOUSEHOLD COMPOSITION AND INCOME Income received by all family members must be counted unless specifically excluded by the regulations. It is the responsibility of the head of household to report changes in family composition. The rules on which sources of income are counted vary somewhat by family member. The chart below summarizes how family composition affects income determinations. Summary of Income Included and Excluded by Person Live-in aides Income from all sources is excluded [24 CFR 5.609(c)(5)]. Foster child or foster adult Income from all sources is excluded [24 CFR 5.609(c)(2)]. Head, spouse, co-head or All sources of income not specifically excluded by Other adult family the regulations are included. Children under 18 years of Employment income is excluded [24 CFR 5.609(c)(1)]. age All other sources of income, except those specifically excluded by the regulations, are included. Full-time students 18 Employment income above $480/year is excluded [24 years of age or older CFR 5.609(c)(11)]. (not head, spouse, or All other sources of income, except those specifically co-head) excluded by the regulations, are included. Temporarily Absent Family Members The income of family members approved to live in the unit will be counted, even if the family member is temporarily absent from the unit [HCV GB, p. 5-181. IRCHSD Policy "Temporarily absent" is defined as away from the unit for less than 60 days for the head of household and less than 180 days for all other household members. An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member. An individual who is or is expected to be absent from the assisted unit for more than 180 consecutive days is considered permanently absent and no longer a family member. IRCHSD must compute all applicable income of every family member, including those who are temporarily absent. Income of persons permanently absent will not be counted. If the spouse is temporarily absent and in the military, all military pay and allowances (except hazardous duty pay when exposed to hostile fire and any other exceptions to military pay HUD may define) is counted as income. It is the responsibility of the head of household to report changes in family composition. IRCHSD will evaluate absences from the unit using this policy. (24 CFR 982.551(h)(7)(1)). Exceptions to this general policy are discussed below. Absent Students IRCHSD Policy When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the PHA indicating that the student has established a separate household, or the family declares that the student has established a separate household. Absences Due to Placement in Foster Care Children temporarily absent from the home as a result of placement in foster care are considered members of the family [24 CFR 5.403]. pg. 75 156 Administrative Plan Indian River County Housing Services Division IRCHSD Policy If a child has been placed in foster care, IRCHSD will verify with the appropriate agency whether and when the child is expected to be returned to the home. If the time period is to be greater than 12 months from the date of removal of the child/children, the voucher size will be reduced. If all children are removed from the home permanently, the voucher size will be reduced in accordance with IRCHSD's subsidy standards. Absence of Entire Family IRCHSD Policy These policy guidelines address situations when the family is absent from the unit but has not moved out of the unit. In cases where the family has moved out of the unit, IRCHSD will terminate assistance in accordance with appropriate termination procedures contained in this Plan. Families are required both to notify IRCHSD before they move out of a unit and to give IRCHSD information about any family absence from the unit. If the entire family is absent from the assisted unit for more than 60 consecutive days or if IRCHSD otherwise determines that the unit has been vacated or abandoned, the unit will be considered to be vacated, and the assistance will be terminated. "Absent" means that no family member is residing in the unit. In order to determine if the family is absent from the unit, IRCHSD may investigate the situation by taking action, including but not limited to the following: 1. Write letters to the family at the unit; 2. Telephone the family at the unit; 3. Interview neighbors 4. Verify if utilities are in service; and 5. Check with the post office. A person with a disability may request an extension of time as an accommodation, provided that the extension does not go beyond the HUD -allowed 180 consecutive calendar days' limit. Absence Due to Medical Reasons If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5-221. IRCHSD Policy If any family member leaves the household to enter a facility such as hospital, nursing home, or rehabilitation center, IRCHSD will seek advice from a reliable qualified source as to the likelihood and timing of their return. If the verification indicates that the family member will be permanently confined to a nursing home, the family member will be considered permanently absent. If the verification indicates that the family member will return in less than 180 consecutive days, the family member will not be considered permanently absent. If the person who is determined to be permanently absent is the sole member of the household, assistance will be terminated in accordance with IRCHSD's "Absence of Entire Family" policy. pg. 76 157 Administrative Plan Indian River County Housing Services Division Joint Custody of Dependents IRCHSD Policy Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more of the time. When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, IRCHSD will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes. Caretakers for a Child IRCHSD Policy The approval of a caretaker is at the owner and IRCHSD discretion and subject to the owner and PHAs screening criteria. If neither a parent nor a designated guardian remains in a household receiving HCV assistance, the following actions will be taken: 1) If a responsible agency has determined that another adult is to be brought into the assisted unit to care for a child for an indefinite period, the designated caretaker will not be considered a family member until a determination of custody or legal guardianship is made. 2) If a caretaker has assumed responsibility for a child without the involvement of a responsible agency or formal assignment of custody or legal guardianship, the caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the caretaker will be considered a family member unless information is provided that would confirm that the caretaker's role is temporary. In such cases IRCHSD will extend the caretaker's status as an eligible visitor. 3) At any time that custody or guardianship legally has been awarded to a caretaker, the housing choice voucher will be transferred to the caretaker. 4) During any period that a caretaker is considered a visitor, the income of the caretaker is not counted in annual income and the caretaker does not qualify the family for any deductions from income. 6-1 C. ANTICIPATING ANNUAL INCOME The PHA is required to count all income "anticipated to be received from a source outside the family during the 12 -month period following admission or annual reexamination effective date" [24 CFR 5.609(a)(2)]. Policies related to anticipating annual income are provided below. Basis of Annual Income Projection The PHA generally will use current circumstances to determine anticipated income for the coming 12 -month period. HUD authorizes the PHA to use other than current circumstances to anticipate income when: • An imminent change in circumstances is expected [HCV GB, p. 5-17] • It is not feasible to anticipate a level of income over a 12 -month period (e.g., seasonal or cyclic income) [24 CFR 5.609(d)] • The PHA believes that past income is the best available indicator of expected future income [24 CFR 5.609(d)] PHAs are required to use HUD's Enterprise Income Verification (EIV) system in its entirety as a third -party source to verify employment and income information, and to reduce administrative subsidy payment errors in accordance with HUD administrative guidance [24 CFR 5.233(a)(2)]. HUD allows PHAs to use tenant -provided documents (pay stubs) to project income once EIV data has been received in such cases where the family does not dispute the EIV employer data pg. 77 158 Administrative Plan Indian River County Housing Services Division and where the PHA does not determine it is necessary to obtain additional third -party data. IRCHSD Policy When EIV is obtained and the family does not dispute the EIV employer data, IRCHSD may use current tenant -provided documents to project annual income. When the tenant - provided documents are pay stubs, IRCHSD will make every effort to obtain current and consecutive pay stubs dated within the last 60 days. IRCHSD may obtain written and/or oral third -party verification in accordance with the verification requirements and policy in Chapter 7 in the following cases: • If EIV or other UIV data is not available, • If the family disputes the accuracy of the EIV employer data, and/or • If IRCHSD determines additional information is needed. In such cases, IRCHSD will review and analyze current data to anticipate annual income. In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how IRCHSD annualized projected income. When annual income cannot be anticipated for a full 12 months, IRCHSD may average known sources of income that vary to compute an annual income or annualize current income and conduct an interim re-examination if income changes. If there are bonuses or overtime which the employer cannot anticipate for the next 12 months, bonuses and overtime received the previous year will be used. If, by averaging, an estimate can be made for those families whose income fluctuates from month to month, this estimate will be used so as to reduce the number of interim adjustments. The method used depends on the regularity, source and type of income. Any time current circumstances are not used to project annual income, a clear rationale for the decision will be documented in the file. In all such cases the family may present information and documentation to IRCHSD to show why the historic pattern does not represent the family's anticipated income. Known Changes in Income If IRCHSD verifies an upcoming increase or decrease in income, annual income will be calculated by applying each income amount to the appropriate part of the 12 -month period. Projecting Income In HUD's EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV quarterly wages to project annual income. 6-1 D. EARNED INCOME Types of Earned Income Included in Annual Income Wages and Related Compensation The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services is included in annual income [24 CFR 5.609(b)(1)]. Some Types of Military Pay All regular pay, special pay and allowances of a member of the Armed Forces are counted [24 CFR 5.609(b)(8)] except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(b)(11)]. Types of Earned Income Not Counted in Annual Income Nonrecurring Income (24 CFR 5.609(b)(24)1 This type of income (including gifts) is not included in annual income. Sporadic income includes temporary payments from the U.S. Census Bureau for employment lasting no longer than 180 days [Notice PIH 2009-191. pg. 78 159 Administrative Plan Indian River County Housing Services Division IRCHSD Policy Sporadic income is income that is not received periodically and cannot be reliably predicted. For example, the income of an individual who works occasionally as a handyman would be considered sporadic if future work could not be anticipated and no historic, stable pattern of income existed. Children's Earnings Employment income earned by children (including foster children) under the age of 18 years is not included in annual income [24 CFR 5.609(b(3)]. (See Eligibility chapter for a definition of foster children.) Certain Earned Income of Full -Time Students Earnings in excess of $480 for each full-time student 18 years old or older (except for the head, spouse, or cohead) are not counted [24 CFR 5.609(b)(14)]. To be considered "full-time," a student must be considered "full-time" by an educational institution with a degree or certificate program [HCV GB, p. 529]. Income of a Live-in Aide Income earned by a live-in aide, as defined in [24 CFR 5.403], is not included in annual income [24 CFR5.609(b)(8)]. (See Eligibility chapter for a full discussion of live-in aides.) Income Earned under Certain Federal Programs Income from some federal programs is specifically excluded from consideration as income [24 CFR 5.609(b)(22)], including: • Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(8), 5058) • Awards under the federal work-study program (20 U.S.C. 1087 uu) • Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) • Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) • Allowances, earnings, and payments to participants in programs funded under the Workforce Investment Act of 1998 (29 U.S.C. 2931) Certain Payments for the care of household members • Payments relayed to aid and attendance to veterans in need of regular aid and attendance (24 CFR 5.609(b)(17)) • Payments made by or authorized by a State Medicaid agency to enable a family member who has a disability to reside in the family's assisted unit (24 CFR 5.609(b)(19)) Resident Service Stipend Amounts received under a resident service stipend are not included in annual income. A resident service stipend is a modest amount (not to exceed $200 per individual per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. [24 CFR 5.609(b)(3)(iii)]. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of a governing board. No resident may receive more than one such stipend during the same period of time [24 CFR 5.600(c)(8)(iv)]. State and Local Employment Training Programs Incremental earnings and benefits to any family member resulting from participation in qualifying state or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff are excluded from annual income. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during pg. 79 160 Administrative Plan Indian River County Housing Services Division which the family member participates in the training program [24 CFR 5.609(b)(3)(iv)]. IRCHSD Policy In order for IRCHSD to exclude income while a participant is enrolled in a training program, IRCHSD must ascertain that the income is earned from a qualified state or local employment training program. This rule applies to applicants and HCV participants. The Department of Housing and Urban Development (HUD) allows for the exemption of income based on very specific guidelines. According to the HUD Code of Federal Regulations 24 CFR 5.609(c), annual income does not include the following: • "Amounts received under training programs that are funded by HUD;" or • "Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period which the family member participates in the employment training program." In order for the PHA Program to exempt training program income: • The training program must provide a current statement of goals and objectives to be attained through participation in the program and a specific timeline for such accomplishments; and • Ongoing training program participation must be a condition of the job placement. There must be a determination that the participant would not earn the same income in the job placement if they did not participate in the training program. Earned Income Disallowance The earned income disallowance for persons with disabilities is discussed in section 6-I.E below. 6-1 E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.617; STREAMLINING FINAL RULE (SFR) FEDERAL REGISTER 3/8/16] The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increases in earned income for a period of time. The full text of 24 CFR 5.617 is included as Exhibit 6-4 at the end of this chapter. Eligibility criteria and limitations on the disallowance are summarized below. Eligibility Effective 1/1/2024, new participants in the Earned Income Disallowance are no longer accepted by HUD. Active participants will continue in the program as described below. This disallowance applies only to individuals in families already participating in the PHA Program (not at initial examination). To qualify, the family must experience an increase in annual income that is the result of one of the following events: • Employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the community multiplied by 500 hours. The applicable minimum wage is the federal minimum wage unless there is a higher state or local minimum wage. Increased earnings by a family member who is a person with disabilities and whose earnings increase during participation in an economic self-sufficiency or job -training program. A self-sufficiency program includes a program designed to encourage, assist, train, or facilitate the economic independence of HUD -assisted families or to provide work to such families [24 CFR 5.603(b)]. pg. 80 161 Administrative Plan Indian River County Housing Services Division New employment or increased earnings by a family member who is a person with disabilities and who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Title IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as one-time payments, wage subsidies, or transportation assistance, the total amount received over the six-month period must be at least $500. Calculation of Disallowance Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member's current income with their "baseline income." The family member's baseline income is their income immediately prior to qualifying for the EID. The family member's baseline income remains constant throughout the period that they are participating in the EID. While qualification for the disallowance is the same for all families, calculation of the disallowance will differ depending on when the family member qualified for the EID. Participants qualifying prior to May 9, 2016, will have the disallowance calculated under the "Original Calculation Method" described below which requires a maximum lifetime disallowance period of up to 48 consecutive months. Participants qualifying on or after May 9, 2016, will be subject to the "Revised Calculation Method" Which shortens the lifetime disallowance period to 24 consecutive months. Under both the original and new methods, the EID eligibility criteria, the benefit amount, the single lifetime eligibility requirement and the ability of the applicable family member to stop and restart employment during the eligibility period are the same. IRCHSD Policy The earned income exclusion will be reported on the HUD Form 50058. Documentation will be included in the family's file to show the reason for the reduced increase in rent. Such documentation will include: • Date the increase in earned income was reported by the family; • Name of the family member whose earned income increased; • Reason (new employment, participation in job training program, within six months after receiving TANF) for the increase in earned income; • Amount of the increase in earned income (amount to be excluded); • Date the increase in income is first excluded from annual income; • Date the 12 -month phase-in period began; and • Ending date of the maximum 24 -month (2 -year) disallowance period (24 months from the date of the initial earned income disallowance). IRCHSD will maintain a tracking system to ensure correct application of the earned income disallowance. Original Calculation Method Initial 12 -Month Exclusion During the initial 12 -month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The 12 months are cumulative and need not be consecutive. IRCHSD Policy The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings. Second 12 -Month Exclusion and Phase -In During the second 12 -month exclusion period, the exclusion is reduced to half (50 percent) of any increase in income attributable to employment or increased earnings. The 12 months are pg. 81 162 Administrative Plan Indian River County Housing Services Division cumulative and need not be consecutive. Lifetime Limitation The EID has a four-year (48 -month) lifetime maximum. The four-year eligibility period begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for the EID applies even if the eligible individual begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance. IRCHSD Folic During the 48 -month eligibility period, IRCHSD will schedule and conduct an interim reexamination each time there is a change in the family member's annual income that affects or is affected by the EID (e.g., when the family member's income falls to a level at or below their prequalifying income, when one of the exclusion periods ends, and at the end of the lifetime maximum eligibility period). Revised Calculation Method Initial 12 -Month Exclusion During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. IRCHSD Policy During the 12 -month period beginning on the date a disabled family member is employed, any increase in income received by a disabled family member as a result of employment will be excluded from the annual income of a qualified family. Second 12 -Month Exclusion During the second exclusion period of 12 consecutive months, the PHA must exclude at least 50 percent of any increase in income attributable to employment or increased earnings. IRCH SDFolic During the second 12 -month period after the expiration of the initial 12 -month period referred to above, 50 percent of any increase in income of a disabled family member as a result of employment of that family member shall be excluded from the annual income of a qualified family. The increase shall be measured from the date immediately prior to the beginning of such employment. Lifetime Limitation The EID has a two-year (24 -month) lifetime maximum. The two-year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. During the 24 -month period, an individual remains eligible for EID even if they begin to receive assistance from a different housing agency, move between public housing and Section 8 assistance, or have breaks in assistance. 6-1 F. BUSINESS INCOME [24 CFR 5.609(B)(2)1 Annual income includes "the net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family" [24 CFR 5.609(b)(2)]. Business Expenses Net income is "gross income less business expense" [HCV GB, p. 5-19]. 1R1_" S olicy To determine business expenses that may be deducted from gross income, IRCHSD will pg. 82 163 Administrative Plan Indian River County Housing Services Division use current applicable Internal Revenue Service (IRS) rules for determining allowable business expenses [see IRS Publication 535], unless a topic is addressed by HUD regulations or guidance as described below. Business Expansion HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion. IRCHSD Policy Business expansion" is defined as any capital expenditures made to add new business activities, to expand current facilities, or to operate the business in additional locations. For example, purchase of a street sweeper by a construction business for the purpose of adding street cleaning to the services offered by the business would be considered a business expansion. Similarly, the purchase of a property by a hair care business to open at a second location would be considered a business expansion. Capital Indebtedness HUD regulations do not permit the PHA to deduct from gross income the amortization of capital indebtedness. IRCHSD Policy "Capital indebtedness" is defined as the principal portion of the payment on a capital asset such as land, buildings, and machinery. This means IRCHSD will allow as a business expense interest, but not principal, paid on capital indebtedness. Negative Business Income If the net income from a business is negative, no business income will be included in annual income, a negative amount will not be used to offset other family income. Withdrawal of Cash or Assets from a Business HUD regulations require the PHA to include in annual income the withdrawal of cash or assets from the operation of a business or profession unless the withdrawal reimburses a family member for cash or assets invested in the business by the family. IRCHSD Policy Acceptable investments in a business include cash loans and contributions of assets or equipment. For example, if a member of an assisted family provided an up -front loan of $2,000 to help a business get started, IRCHSD will not count as income any withdrawals from the business up to the amount of this loan until the loan has been repaid. Investments do not include the value of labor contributed to the business without compensation. Co -owned Businesses IRCHSD Policy If a business is co -owned with someone outside the family, the family must document the share of the business it owns. If the family's share of the income is lower than its share of ownership, the family must document the reasons for the difference. 6-1 G. ASSETS [24 CFR 5.609(B)(3); 24 CFR 5.603(B)1 Overview There is no asset limitation for participation in the PHA Program. However, HUD requires that the PHA include in annual income the anticipated "interest, dividends, and other net income of any kind from real or personal property" [24 CFR 5.609(b)(3)]. This section discusses how the income from various types of assets is determined. For most types of assets, the PHA must determine the value of the asset in order to compute income from the asset. Therefore, for each asset type, this section discusses: How the value of the asset will be determined How income from the asset will be calculated pg. 83 164 Administrative Plan Indian River County Housing Services Division Exhibit 6-1 provides the regulatory requirements for calculating income from assets [24 CFR5.609(b)(3)] and Exhibit 6-3 provides the regulatory definition of net family assets. This section begins with a discussion of general policies related to assets and then provides HUD rules and PHA policies related to each type of asset. General Policies Income from Assets The PHA generally will use current circumstances to determine both the value of an asset and the anticipated income from the asset. As is true for all sources of income, HUD authorizes the PHA to use other than current circumstances to anticipate income when (1) an imminent change in circumstances is expected (2) it is not feasible to anticipate a level of income over 12 months or (3) IRCHSD believes that past income is the best indicator of anticipated income. For example, if a family member owns real property that typically receives rental income, but the property is currently vacant, the PHA can take into consideration past rental income along with the prospects of obtaining a new tenant. l C.4_iolic�: Anytime current circumstances are not used to determine asset income, a clear rationale for the decision will be documented in the file. In such cases the family may present information and documentation to IRCHSD to show why the asset income determination does not represent the family's anticipated asset income. Valuing Assets The calculation of asset income sometimes requires the PHA to make a distinction between an asset's market value and its cash value. • The market value of an asset is its worth in the market (e.g., the amount a buyer would pay for real estate or the total value of an investment account). • The cash value of an asset is its market value of less all reasonable amounts that would be incurred when converting the asset to cash. IRCHSD Policy Reasonable costs that would be incurred when disposing of an asset include, but are not limited to, penalties for premature withdrawal, broker and legal fees, and settlement costs incurred in real estate transactions [HCV GB, p. 5-28]. Lump -Sum Receipts Payments that are received in a single lump sum, such as inheritances, capital gains, lottery winnings, insurance settlements, and proceeds from the sale of property, are generally considered assets, not income. However, such lump -sum receipts are counted as assets only if they are retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking account) [RHIIP FAQs]. (For a discussion of lump -sum payments that represent the delayed start of a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.) Imputing Income from Assets (24 CFR 5.609(b)(3), Notice PIH 2012-291 When net family assets are $50,000 or less, the PHA will include in annual income the actual income anticipated to be derived from the assets. When the family has net family assets in excess of $5,000, the PHA will include in annual income the greater of (1) the actual income derived from the assets or (2) the imputed income. Imputed income from assets is calculated by multiplying the total cash value of all family assets by an average passbook savings rate as determined by the PHA. • Note: The HUD field office no longer provides an interest rate for imputed asset income. The "safe harbor" is now for the PHA to establish a passbook rate within 0.75 percent of a national average. • The PHA must review its passbook rate annually to ensure that it remains within 0.75 percent of the national average. pg. 84 165 Administrative Plan Indian River County Housing Services Division IRCHSD Policy When the family has net family assets in excess of $50,000, IRCHSD will include in annual income the greater of (1) the actual income derived from the assets or (2) the imputed income. Imputed income from assets is calculated by multiplying the total cash value of all family assets by the current HUD -established passbook savings rate. Determining Actual Anticipated Income from Assets It may or may not be necessary for the PHA to use the value of an asset to compute the actual anticipated income from the asset. When the value is required to compute the anticipated income from an asset, the market value of the asset is used. For example, if the asset is a property for which a family receives rental income, the anticipated income is determined by annualizing the actual monthly rental amount received for the property; it is not based on the property's market value. However, if the asset is a savings account, the anticipated income is determined by multiplying the market value of the account by the interest rate on the account. Withdrawal of Cash or Liquidation of Investments Any withdrawal of cash or assets from an investment will be included in income except to the extent that the withdrawal reimburses amounts invested by the family. For example, when a family member retires, the amount received by the family from a retirement investment plan is not counted as income until the family has received payments equal to the amount the family member deposited into the retirement investment plan. Jointly Owned Assets The regulation at 24 CFR 5.609(a)(4) specifies that annual income includes "amounts derived (during the 12 -month period) from assets to which any member of the family has access." IRCHSD Policy If an asset is owned by more than one person and any family member has unrestricted access to the asset, IRCHSD will count the full value of the asset. A family member has unrestricted access to an asset when they can legally dispose of the asset without the consent of the other owners. If an asset is owned by more than one person, including a family member, but the family member does not have unrestricted access to the asset, IRCHSD will prorate the asset according to the percentage of ownership. If no percentage is specified or provided for by state or local law, IRCHSD will prorate the asset evenly among all owners. Assets Disposed of for Less than Fair Market Value [24 CFR 5.603(b)1 HUD regulations require the PHA to count as a current asset any business or family asset that was disposed of for less than fair market value during the two years prior to the effective date of the examination/reexamination, except as noted below. Minimum Threshold The HCV Guidebook permits the PHA to set a threshold below which assets disposed of for less than fair market value will not be counted [HCV GB, p. 5-271. IRCHSD Polis IRCHSD must count assets disposed of for less than fair market value during the two years preceding certification or re-examination. IRCHSD will count the difference between the market value and the actual payment received in calculating total assets. Assets disposed of as a result of foreclosure or bankruptcy are not considered to be assets disposed of for less than fair market value. Assets disposed of as a result of a divorce or separation are not considered to be assets disposed of for less than fair market value. IRCHSD's minimum threshold for counting assets disposed of for less than fair market value is $50,000. If the total value of assets disposed of within a one-year period is less pg. 85 166 Administrative Plan Indian River County Housing Services Division than $1,000, they will not be considered an asset. Separation or Divorce The regulation also specifies that assets are not considered disposed of for less than fair market value if they are disposed of as part of a separation or divorce settlement and the applicant or tenant receives important consideration not measurable in dollar terms. IRCHSD Policy Assets disposed of as a result of a divorce or separation are not considered to be assets disposed of for less than fair market value. In order to qualify for this exemption, a family member must be subject to a formal separation or divorce settlement agreement established through arbitration, mediation, or court order. Family Declaration ?RFIS'slic Families must sign a declaration form at initial certification and each annual recertification identifying all assets that have been disposed of for less than fair market value or declaring that no assets have been disposed of for less than fair market value. IRCHSD may verify the value of the assets disposed of if other information available to IRCHSD does not appear to agree with the information reported by the family. Types of Assets Checking and Savings Accounts For regular checking accounts and savings accounts, "cash value" has the same meaning as "market value". If a checking account does not bear interest, the anticipated income from the account is zero. IRCHSD Policy For accounts valued over $50,000: • In determining the value of a checking account, IRCHSD will use the average monthly balance for the last six months. • In determining the value of a savings account, IRCHSD will use the current balance. • In determining the anticipated income from an interest-bearing checking or savings account, IRCHSD will multiply the value of the account by the current rate of interest paid on the account. Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds Interest or dividends earned by investment accounts are counted as actual income from assets even when the earnings are reinvested. The cash value of such an asset is determined by deducting from the market value any broker fees, penalties for early withdrawal, or other costs of converting the asset to cash. IRCHSD Poticy For accounts valued over $50,000: In determining the market value of an investment account, IRCHSD will use the value of the account on the most recent investment report. How anticipated income from an investment account will be calculated depends on whether the rate of return is known. For assets that are held in an investment account with a known rate of return (e.g., savings certificates), asset income will be calculated based on that known rate (market value multiplied by rate of earnings). When the anticipated rate of return is not known (e.g., stocks), IRCHSD will calculate asset income based on the earnings for the most recent reporting period. pg. 86 167 Administrative Plan Indian River County Housing Services Division Equity in Real Property or Other Capital Investments Equity (cash value) in a property or other capital asset is the estimated current market value of the asset less than the unpaid balance on all loans secured by the asset and reasonable costs (such as broker fees) that would be incurred in selling the asset [HCV GB, p. 5-25]. IRCHSD Policy In determining the equity, IRCHSD will determine market value by examining recent sales of at least three properties in the surrounding or similar neighborhood that possess comparable factors that affect market value. IRCHSD will first use the payoff amount for the loan (mortgage) as the unpaid balance to calculate equity. If the payoff amount is not available, IRCHSD will use the basic loan balance information to deduct from the market value in the equity calculation. Equity in real property and other capital investments is considered in the calculation of asset income except for the following types of assets: • Equity accounts in HUD homeownership programs [24 CFR5.603(b)] • The value of a home currently being purchased with assistance under the PHA Program Homeownership Option for the first 10 years after the purchase date of the home [24 CFR 5.603(b), Notice PIH 2012-3] • Equity in owner -occupied cooperatives and manufactured homes in which the family lives [HCV GB, p. 5-25] • Equity in real property when a family member's main occupation is real estate [HCV GB, p. 5-25]. This real estate is considered a business asset, and income related to this asset will be calculated as described in section 6-I.F. • Interests in Indian Trust lands [24 CFR 5.603(b)] • Real property and capital assets that are part of an active business or farming operation [HCV GB, p. 5-251 The PHA must also deduct from the equity the reasonable costs for converting the asset to cash. Using the formula for calculating equity specified above, the net cash value of real property is the market value of the loan (mortgage) minus the expenses to convert to cash [Notice PIH 2012-3]. IRCHSD Policy IRCHSD will require the information necessary to determine the current cash value of the family's assets (the net amount the family would receive if the asset were converted to cash). For the purposes of calculating expenses to convert to cash for real property, IRCHSD will use ten percent of the market value of the home. A family may have real property as an asset in two ways: (1) owning the property itself and (2) holding a mortgage or deed of trust on the property. In the case of a property owned by a family member, the anticipated asset income generally will be in the form of rent or other payment for the use of the property. If the property generates no income, actual anticipated income from the asset will be zero. In the case of a mortgage or deed of trust held by a family member, the outstanding balance (unpaid principal) is the cash value of the asset. The interest portion only of payments made to the family in accordance with the terms of the mortgage or deed of trust is counted as anticipated asset income. IRCHSD Policy In the case of capital investments owned jointly with others not living in a family's unit, a prorated share of the property's cash value will be counted as an asset if valued at or over $50,000 unless IRCHSD determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash. pg. 87 168 Administrative Plan Indian River County Housing Services Division Trusts A "trust" is a legal arrangement generally regulated by state law in which one party (the creator or grantor) transfers property to a second party (the trustee) who holds the property for the benefit of one or more third parties (the beneficiaries). IRCHS3D Eol cy The policy on Trusts only applies to those valued at $50,000 or more. Revocable Trusts If any member of a family has the right to withdraw the funds in a trust, the value of the trust is considered an asset [HCV GB, p. 5-251. Any income earned as a result of investment of trust funds is counted as actual asset income, whether the income is paid to the family or deposited in the trust. Nonrevocable Trusts In cases where a trust is not revocable by, or under the control of, any member of a family, the value of the trust fund is not considered an asset. However, any income distributed to the family from such a trust is counted as a periodic payment or a lump -sum receipt, as appropriate [24 CFR 5.603(b)]. (Periodic payments are covered in section 6-I.H. Lump -sum receipts are discussed earlier in this section.) Retirement Accounts Company Retirement/Pension Accounts In order to correctly include or exclude as an asset any amount held in a company retirement or pension account by an employed person, the PHA must know whether the money is accessible before retirement [HCV GB, p. 5-26]. While a family member is employed, only the amount the family member can withdraw without retiring or terminating employment is counted as an asset [HCV GB, p. 5-26]. After a family member retires or terminates employment, any amount distributed to the family member is counted as a periodic payment or a lump -sum receipt, as appropriate [HCV GB, p. 5- 261, except to the extent that it represents funds invested in the account by the family member. (For more on periodic payments, see section 6-I.H.) The balance in the account is counted as an asset only if it remains accessible to the family member. IRA, Keogh, and Similar Retirement Savings Accounts IRA, Keogh, and similar retirement savings accounts are counted as assets even though early withdrawal would result in a penalty [HCV GB, p. 5-251. IRCHSD Policy The policy on Retirement Accounts only applies to those valued at $50,000 or more. Personal Property Personal property held as an investment, such as gems, jewelry, coin collections, antique cars, etc., is considered an asset [HCV GB, p. 5-251. IRCHSD Policy In determining the value of personal property held as an investment, IRCHSD will use the family's estimate of the value. IRCHSD may obtain an appraisal to confirm the value of the asset if there is reason to believe that the family's estimated value is off by 10% or more. The family must cooperate with the appraiser but cannot be charged any costs related to the appraisal. Generally, personal property held as an investment generates no income until it is disposed of. If regular income is generated (e.g., income from renting the personal property), the amount that is expected to be earned in the coming year is counted as actual income from the asset. This only applies to personal property valued at or over $50,000. pg. 88 169 Administrative Plan Indian River County Housing Services Division Necessary items of personal property are not considered assets [24 CFR5.603(b)]. IRCHSD Policy Necessary personal property consists of only those items not held as an investment, and may include clothing, furniture, household furnishings, jewelry, and vehicles, including those specially equipped for persons with disabilities. This only applies to personal property valued at or over $50,000. Life Insurance The cash value of a life insurance policy available to a family member before death, such as a whole life or universal life policy, is included in the calculation of the value of the family's assets [HCV GB 5-25]. The cash value is the surrender value. If such a policy earns dividends or interest that the family could elect to receive, the anticipated number of dividends or interest is counted as income from the asset whether or not the family actually receives it. 6-1 H. PERIODIC PAYMENTS Periodic payments are forms of income received on a regular basis. HUD regulations specify periodic payments that are and are not included in annual income. Periodic Payments Included in Annual Income • Periodic payments from sources such as social security, unemployment and welfare assistance, annuities, insurance policies, retirement funds, and pensions. However, periodic payments from retirement accounts, annuities, and similar forms of investments are counted only after they exceed the amount contributed by the family [24 CFR 5.609(b)(4) and (b)(3)]. • Disability or death benefits and lottery receipts paid periodically, rather than in a single lump sum [24 CFR 5.609(b)(4) and HCV, p. 5-14]. Lump -Sum Payments for the Delayed Start of a Periodic Payment Most lump -sums received as a result of delays in processing periodic payments, such as unemployment or welfare assistance, are counted as income. However, lump -sum receipts for the delayed start of periodic social security or supplemental security income (SSI) payments are not counted as income. Additionally, any deferred disability benefits that are received in a lump -sum or in prospective monthly amounts from the Department of Veterans Affairs are to be excluded from annual income [24 CFR 5.609(c)(14)]. IRCHSD Policy When a delayed start payment is not received and reported during the period in which IRCHSD is processing an annual reexamination, IRCHSD will adjust the family share and HAP subsidy retroactively for the period the payment was intended to cover. The family may pay in full any amount due or request to enter into a repayment agreement. Treatment of Overpayment Deductions from Social Security Benefits The PHA must make a special calculation of annual income when the Social Security Administration (SSA) overpays an individual, resulting in a withholding or deduction from their benefit amount until the overpayment is paid in full. The amount and duration of the withholding will vary depending on the amount of the overpayment and the percent of the benefit rate withheld. Regardless of the amount withheld or the length of the withholding period, the PHA must use the reduced benefit amount after deducting only the amount of the overpayment withholding from the gross benefit amount [Notice PIH 2012-101. Periodic Payments Excluded from Annual Income • Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the assisted family, who are unable to live alone) [24 CFR 5.609(c)(2)]. Kinship guardianship assistance payments (Kin -GAP) and other similar guardianship payments are treated the same as foster care payments and are likewise excluded from annual income [Notice pg. 89 170 Administrative Plan Indian River County Housing Services Division PIH 2012-1]. IRCHSD Policy IRCHSD will exclude payments for the care of foster children and foster adults only if the care is provided through an official arrangement with a local welfare agency [HCV GB, p. 5- 18]. • Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)]. • Amounts received under the Low -Income Home Energy Assistance Program (42 U.S.C. 1626(c)) [24 CFR 5.609(c)(17)]. • Amounts received under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) [24 CFR 5.609(c)(17)]. • Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 320)) [24 CFR 5.609(c)(17)]. Note: EITC may be paid periodically if the family elects to receive the amount due as part of payroll payments from an employer. • Lump -sums received as a result of delays in processing Social Security and SSI payments (see section 6-I.H.) [24 CFR 5.609(c)(14)]. • Lump -sums or prospective monthly amounts received as deferred disability benefits from the Department of Veterans Affairs (VA) [24 CFR 5.609(c)(14)]. 6-11. PAYMENTS IN LIEU OF EARNINGS Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay, are counted as income [24 CFR 5.609(b)(5)] if they are received either in the form of periodic payments or in the form of a lump -sum amount or prospective monthly amounts for the delayed start of a periodic payment. If they are received in a one-time lump sum (as a settlement, for instance), they are treated as lump -sum receipts [24 CFR 5.609(c)(3)]. (See also the discussion of periodic payments in section 6-I.H and the discussion of lump -sum receipts in section 6-I.G.) 6-11 WELFARE ASSISTANCE Overview Welfare assistance is counted in annual income. Welfare assistance includes Temporary Assistance for Needy Families (TANF) and any payments to individuals or families based on need that are made under programs funded separately or jointly by federal, state, or local governments [24 CFR 5.603(b)]. Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.6151 The PHA must make a special calculation of annual income when the welfare agency imposes certain sanctions on certain families. The full text of the regulation at 24 CFR 5.615 is provided as Exhibit 6-5. The requirements are summarized below. This rule applies only if a family was receiving HCV assistance at the time the sanction was imposed. Covered Families The families covered by 24 CFR 5.615 are those "who receive welfare assistance or other public assistance benefits ('welfare benefits') from a State or other public agency ('welfare agency') under a program for which Federal, State or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for such assistance" [24 CFR 5.615(b)] Imputed Income When a welfare agency imposes a sanction that reduces a family's welfare income because the family commits fraud or fails to comply with the agency's economic self-sufficiency program or work activities requirement, the PHA must include in annual income "imputed" welfare income. pg. 90 171 Administrative Plan Indian River County Housing Services Division The PHA must request that the welfare agency provide the reason for the reduction of benefits and the amount of the reduction of benefits. The imputed welfare income is the amount that the benefits were reduced as a result of the sanction. This requirement does not apply to reductions in welfare benefits: (1) at the expiration of the lifetime or other time limit on the payment of welfare benefits, (2) if a family member is unable to find employment even though the family member has complied with the welfare agency economic self- sufficiency or work activities requirements, or (3) because a family member has not complied with other welfare agency requirements [24 CFR 5.615(b)(2)]. IRCHSD Policy The amount of imputed welfare income is determined by IRCHSD, based on written information supplied to IRCHSD by the welfare agency, including: • The amount of the benefit reduction; • The term of the benefit reduction; • The reason for the reduction; and • Subsequent changes in the term or amount of the benefit reduction. • If the family disputes the amount of imputed income, IRCHSD will review the calculation for accuracy. • If IRCHSD denies the family's request to modify the amount, IRCHSD will provide the tenant with a notice of denial, which will include: • An explanation for IRCHSD's determination of the amount of imputed welfare income. • A statement that the tenant may request an informal hearing; and • A statement that the grievance information received from the welfare agency cannot be disputed at the informal hearing, and the issue to be examined at the informal hearing will be IRCHSD's determination of the amount of imputed welfare income, not the welfare agency's determination to sanction the welfare benefits. Offsets Imputed welfare income is not included in annual income if the family was not an assisted resident at the time of sanction. The amount of imputed welfare income is offset by the amount of additional income a family receives that begins after the sanction was imposed. When additional income is at least equal to the imputed welfare income, the imputed welfare income is reduced to zero. 6-1 K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(B)(7)1 Annual income includes periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing with an assisted family. Alimony and Child Support The PHA must count alimony or child support amounts awarded as part of a divorce or separation agreement. IRCHSD Policy Regular alimony and child support payments are counted as income for calculation of Total Tenant Payment. IRCHSD will count court -awarded amounts for alimony and child support unless IRCHSD verifies that: (1) the payments are not being made, and (2) the family has made reasonable efforts to collect amounts due, including filing with courts or agencies responsible for enforcing payments [HCV GB, pp. 5-23 and 5-47]. Families who do not have court -awarded alimony and child support awards are required to seek a court award and are required to take independent legal action to obtain collection. While waiting for a child support court order, must obtain documentation showing that the pg. 91 172 Administrative Plan Indian River County Housing Services Division father(s) are helping with the children, if applicable. The file will be documented appropriately, and a calculator tape will be used and attached to all income documentation. Regular Contributions or Gifts The PHA must count as income regular monetary and nonmonetary contributions or gifts from persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary, nonrecurring, or sporadic income and gifts are not counted [24 CFR 5.609(c)(9)]. IRCHSD Policy Regular contributions and gifts received from persons outside the household are counted as income for calculation of the Total Tenant Payment. Examples of regular contributions include: (1) regular payment of a family's bills (e.g., utilities, telephone, rent, credit cards, and car payments), (2) cash or other liquid assets provided to any family member on a regular basis, and (3) "in-kind" contributions such as groceries and clothing provided to a family on a regular basis. Non -monetary contributions will be valued at the cost of purchasing the items, as determined by the PHA. For contributions that may vary from month to month (e.g., utility payments), the PHA will include an average amount based upon past history. The file will be documented appropriately, and a calculator tape will be used and attached to all income documentation, if applicable. A zero income form will be used as necessary. 6-1 L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(8)(9); NOTICE PIH 2015-211 In 2005, Congress passed a law (for Section 8 programs only) requiring that certain student financial assistance be included in annual income. Prior to that, the full amount of student financial assistance was excluded. For some students, the full exclusion still applies. Student Financial Assistance Included in Annual Income 1`24 CFR 5.609(b)(9); FR 4/10/06; Notice PIH 2015-211 The regulation requiring the inclusion of certain student financial assistance applies only to students who satisfy all of the following conditions: They are enrolled in an institution of higher education, as defined under the Higher Education Act (HEA) of 1965. They are seeking or receiving Section 8 assistance on their own—that is, apart from their parents—through the PHA Program, the project -based voucher program, or the moderate rehabilitation program. They are under 24 years of age OR they have no dependent children. For students who satisfy these three conditions, any financial assistance in excess of tuition and any other required fees and charges received: (1) under the 1965 HEA, (2) from a private source, or (3) from an institution of higher education, as defined under the 1965 HEA, must be included in annual income. To determine annual income in accordance with the above requirements, the PHA will use the definitions of "dependent child", "institution of higher education', and "parents" in section 3-I1. E, along with the following definitions [FR 4/10/06, pp. 18148-18150]: • `Assistance under the Higher Education Act of 1965" includes Pell Grants, Federal Supplement Educational Opportunity Grants, Academic Achievement Incentive Scholarships, State • Assistance under the Leveraging Educational Assistance Partnership Program, the Robert G. Byrd Honors Scholarship Program, and Federal Work Study programs. pg. 92 173 Administrative Plan Indian River County Housing Services Division • `Assistance from private sources" means assistance from nongovernmental sources, including parents, guardians, and other persons not residing with the student in an HCV assisted unit. • "Tuition and fees" are defined in the same manner in which the Department of Education defines "tuition and fees" [Notice PIH 2015-211. • This is the amount of tuition and required fees covering a full academic year most frequently charged to students. • The amount represents what a typical student would be charged and may not be the same for all students at an institution. • If tuition is charged on a per -credit -hour basis, the average full-time credit hour load for an academic year is used to estimate average tuition. • Required fees include all fixed -sum charges that are required of a large proportion of all students. Examples include, but are not limited to, writing and science lab fees and fees specific to the student's major or program (i.e., nursing program). • Expenses related to attending an institution of higher education must not be included as tuition. Examples include, but are not limited to, room and board, books, supplies, meal plans, transportation and parking, student health insurance plans, and other non -fixed -sum charges. Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)1 Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9) is fully excluded from annual income under 24 CFR 5.609(c)(6), whether it is paid directly to the student or to the educational institution the student is attending. This includes any financial assistance received by: • Students residing with parents who are seeking or receiving Section 8 assistance • Students who are enrolled in an educational institution that does not meet the 1965 HEA definition of institution of higher education • Students who are over 23 AND have at least one dependent child, as defined in section 311.E • Students who are receiving financial assistance through a governmental program not authorized under the 1965 HEA. 6-1 M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME Other exclusions contained in 24 CFR 5.609(c) that have not been discussed earlier in this chapter include the following: • Reimbursement of medical expenses [24 CFR 5.609(c)(4)] • Amounts received by participants in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred and which are made solely to allow participation in a specific program [24 CFR 5.609(c)(8)(iii)] • Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self -Sufficiency (PASS) [(24 CFR 5.609(c)(8)(ii)] • Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era [24 CFR 5.609(c)(10)] • Adoption assistance payments in excess of $480 per adopted child [24 CFR 5.609(c)(12)] • Refunds or rebates on property taxes paid on the dwelling unit [24 CFR 5.609(c)(15)] • Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)] • Amounts specifically excluded by any other federal statute [24 CFR 5.609(c)(17), FR Notice 5/20/141. HUD publishes an updated list of these exclusions periodically. It includes: (a) The value of the allotment provided to an eligible household under the Food Stamp Act of 1977 (7 U.S.C. 2017 (b)) pg. 93 174 Administrative Plan Indian River County Housing Services Division (b) Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of 1966, including WIC (c) Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058) (d) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)) (e) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e) (f) Payments or allowances made under the Department of Health and Human Services' Low -Income Home Energy Assistance Program (42 U.S.C. 8624(f)) (g) Payments received under programs funded in whole or in part under the Workforce Investment Act of 1998 (29 U.S.C. 2931) (h) Deferred disability benefits from the Department of Veterans Affairs, whether received as a lump sum or in monthly prospective amounts (i) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. 94-540, 90 Stat. 2503-04) (j) Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)) (k) A lump sum or periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the United States District Court case entitled Elouise Cobell et al. v. Ken Salazar et al., for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010 (1) The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U. S. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407-1408) (m) Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only applies to Native American housing programs) (n) Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) (o) Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) (p) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans born with spinal bifida, children of women Vietnam veterans born with certain birth defects, and children of certain Korean service veterans born with spinal bifida (q) Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721) (r) The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) (s) Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 320)) (t) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433) (u) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965j, including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8 programs, the exception found in § 237 of Public Law 109-249 applies and requires that the amount of financial assistance in excess of tuition and mandatory fees shall be considered income in accordance with the provisions codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as defined by 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109-249) (See Section 6-I.L. for exceptions.) (v) Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) (w) Any amount of crime victim compensation (under the Victims of Crime Act) received pg. 94 175 Administrative Plan Indian River County Housing Services Division through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602) (x) Any amounts in an "individual development account" as provided by the Assets for Independence Act, as amended in 2002 (y) Payments made from the proceeds of Indian tribal trust cases as described in Notice PIH 2013-30, "Exclusion from Income of Payments under Recent Tribal Trust Settlements" (25 U.S.C. 117b(a)) (z) Major disaster and emergency assistance received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and comparable disaster assistance provided by states, local governments, and disaster assistance organizations Part II: Adjusted Income 6 -II A. INTRODUCTION Overview HUD regulations require PHAs to deduct from annual income any of five mandatory deductions for which a family qualifies. The resulting amount is the family's adjusted income. Mandatory deductions are found in 24 CFR 5.611.5.611(a) Mandatory deductions. In determining adjusted income, the responsible entity [PHA] must deduct the following amounts from annual income: $480 for each dependent; $400 for any elderly family or disabled family; The sum of the following, to the extent the sum exceeds three percent of annual income: i. Unreimbursed medical expenses of any elderly family or disabled family; ii. Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed. This deduction may not exceed the earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus; and Any reasonable child care expenses (for children under 13 years of age) necessary to enable a member of the family to be employed, actively seek employment, or to further their education. This part covers policies related to these mandatory deductions. Verification requirements related to these deductions are found in Chapter 7. Anticipating Expenses IRCHSD Poticy Generally, IRCHSD will use current circumstances to anticipate expenses. When possible, for costs that are expected to fluctuate during the year (e.g., child care during school and non -school periods and cyclical medical expenses), IRCHSD will estimate costs based on historic data and known future costs. If a family has an accumulated debt for medical or disability assistance expenses, IRCHSD will include as an eligible expense the portion of the debt that the family expects to pay during the period for which the income determination is being made. However, amounts previously deducted will not be allowed even if the amounts were not paid as expected in a preceding period. IRCHSD may require the family to provide documentation of payments made in the preceding year. pg. 95 176 Administrative Plan Indian River County Housing Services Division 6 -II B. DEPENDENT DEDUCTION An allowance of $480 is deducted from annual income for each dependent [24 CFR5.611(a)(1)]. Dependent is defined as any family member other than the head, spouse, or cohead who is under the age of 18 or who is 18 or older and is a person with disabilities or a full-time student. Foster children, foster adults, and live-in aides are never considered dependents [24 CFR 5.603(b)]. 6 -II C. ELDERLY OR DISABLED FAMILY DEDUCTION A single deduction of $400 is taken for any elderly or disabled family [24 CFR 5.611(a)(2)]. An elderly family is a family whose head, spouse, cohead, or sole member is 62 years of age or older, and a disabled family is a family whose head, spouse, cohead, or sole member is a person with disabilities [24 CFR 5.403]. 6 -II D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(A)(3)(1)] Unreimbursed medical expenses may be deducted to the extent that, in combination with any disability assistance expenses, they exceed three percent of annual income. The medical expense deduction is permitted only for families in which the head, spouse, or cohead is at least 62 or is a person with disabilities. If a family is eligible for a medical expense deduction, the medical expenses of all family members are counted [VG, p. 28]. Definition of Medical Expenses HUD regulations define medical expenses at 24 CFR 5.603(b) to mean "medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance." IRCHSD Policy The most current IRS Publication 502, Medical and Dental Expenses, will be used as a reference to determine the costs that qualify as medical expenses. Summary of Allowable Medical Ex enses from IRS Publication 502 Services of medical professionals Substance abuse treatment programs Surgery and medical procedures that are Psychiatric treatment necessary, legal, non -cosmetic Ambulance services and some costs of Services of medical facilities transportation related to medical Hospitalization, long-term care, and in- expenses home nursing services The cost and care of necessary Prescription medicines and insulin, but equipment related to a medical not nonprescription medicines even if condition (e.g., eyeglasses/lenses, recommended by a doctor hearing aids, crutches, and artificial teeth) Improvements to housing directly related Cost and continuing care of necessary to medical needs (e.g., ramps for a wheel service animals chair, handrails) Medical insurance premiums or the cost of a health maintenance organization HMO Note: This chart provides a summary of eligible medical expenses only. Detailed information is provided in IRS Publication 502. Medical expenses are considered only to the extent they are not reimbursed by insurance or some other source. pg. 96 177 Administrative Plan Indian River County Housing Services Division Families That Qualify for Both Medical and Disability Assistance Expenses IRCHSD Policy This policy applies only to families in which the head, spouse, or cohead is 62 or older or is a person with disabilities. When expenses anticipated by a family could be defined as either medical or disability assistance expenses, IRCHSD will consider them medical expenses unless it is clear that the expenses are incurred exclusively to enable a person with disabilities to work. 6 -II E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(B) AND 24 CFR 5.611 (A)(3)(11) Reasonable expenses for attendant care and auxiliary apparatus for a disabled family member may be deducted if they: (1) are necessary to enable a family member 18 years or older to work, (2) are not paid to a family member or reimbursed by an outside source, (3) in combination with any medical expenses, exceed three percent of annual income, and (4) do not exceed the earned income received by the family member who is enabled to work. Earned Income Limit on the Disability Assistance Expense Deduction A family can qualify for the disability assistance expense deduction only if at least one family member (who may be the person with disabilities) is enabled to work [24 CFR 5.603(b)]. The disability expense deduction is capped by the amount of "earned income received by family members who are 18 years of age or older and who are able to work" because of the expense [24 CFR 5.611(a)(3)(ii)]. The earned income used for this purpose is the amount verified before any earned income disallowances or income exclusions are applied. IRCHSD Policy The family must identify the family members enabled to work as a result of the disability assistance expenses. In evaluating the family's request, IRCHSD will consider factors such as how the work schedule of the relevant family members relates to the hours of care provided, the time required for transportation, the relationship of the family members to the person with disabilities, and any special needs of the person with disabilities that might determine which family members are enabled to work. When IRCHSD determines that the disability assistance expenses enable more than one family member to work, the expenses will be capped by the sum of the family members' incomes. Eligible Disability Expenses Examples of auxiliary apparatus are provided in the HCV Guidebook as follows: "Auxiliary apparatus are items such as wheelchairs, ramps, adaptations to vehicles, or special equipment to enable a blind person to read or type, but only if these items are directly related to permitting the disabled person or other family member to work" [HCV GB, p. 5-301. HUD advises PHAs to further define and describe auxiliary apparatus [VG, p. 30]. Eligible Auxiliary Apparatus IRCHSD Palicy Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the case of an apparatus that is specially adapted to accommodate a person with disabilities (e.g., a vehicle or computer), the cost to maintain the special adaptations (but not maintenance of the apparatus itself) is an eligible expense. The cost -of -service animals trained to give assistance to persons with disabilities, including the cost of acquiring the animal, veterinary care, food, grooming, and other continuing costs of care, will be included. pg. 97 178 Administrative Plan Indian River County Housing Services Division Eligible Attendant Care The family determines the type of attendant care that is appropriate for the person with disabilities. IRCHSD Policy Attendant care includes, but is not limited to, reasonable costs for home medical care, nursing services, in-home or center -based care services, interpreters for persons with hearing impairments, and readers for persons with visual disabilities. Attendance care expenses will be included for the period that the person enabled to work is employed plus reasonable transportation time. The cost of general housekeeping and personal services is not an eligible attendant care expense. However, if the person enabled to work is the person with disabilities, personal services necessary to enable the person with disabilities to work are eligible. If the care attendant also provides other services to the family, IRCHSD will prorate the cost and allow only that portion of the expenses attributable to attendant care that enables a family member to work. For example, if the care provider also cares for a child who is not the person with disabilities, the cost of care must be prorated. Unless otherwise specified by the care provider, the calculation will be based upon the number of hours spent in each activity and/or the number of persons under care. Payments to Family Members No disability assistance expenses may be deducted for payments to a member of an assisted family [24 CFR 5.603(b)]. However, expenses paid to a relative who is not a member of the assisted family may be deducted if they are not reimbursed by an outside source. Necessary and Reasonable Expenses The family determines the type of care or auxiliary apparatus to be provided and must describe how the expenses enable a family member to work. The family must certify that the disability assistance expenses are necessary and are not paid or reimbursed by any other source. IRCHSD Policy IRCHSD determines the reasonableness of the expenses based on typical costs of care or apparatus in the locality. To establish typical costs, IRCHSD will collect information from organizations that provide services and support to persons with disabilities. A family may present, and IRCHSD will consider the family's justification for costs that exceed typical costs in the area. Families That Qualify for Both Medical and Disability Assistance Expenses IRCHSD Policy This policy applies only to families in which the head, or spouse, or cohead is 62 or older or is a person with disabilities. When expenses anticipated by a family could be defined as either medical or disability assistance expenses, IRCHSD will consider them medical expenses unless it is clear that the expenses are incurred exclusively to enable a person with disabilities to work. 6 -II F. CHILD CARE EXPENSE DEDUCTION HUD defines "child care expenses" at 24 CFR 5.603(b) as "amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further their education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of childcare necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income." pg. 98 179 Administrative Plan Indian River County Housing Services Division Clarifying the Meaning of Child for This Deduction Childcare expenses do not include child support payments made to another on behalf of a minor who is not living in an assisted family's household [VG, p. 26]. However, child care expenses for foster children that are living in the assisted family's household are included when determining the family's child care expenses [HCV GB, p. 5-29]. Qualifying for the Deduction IRCHSD Policy "Eligible activities" are those that are necessary to enable a household member to work, seek employment, or further their education (academic or vocational). In the case of a school-age child attending private school, only after-hours care or activities during school holidays can be counted as childcare expenses. Earned Income Limit on Child Care Expense Deduction When a family member looks for work or furthers their education, there is no cap on the amount that may be deducted for childcare — although the care must still be necessary and reasonable. However, when childcare enables a family member to work, the deduction is capped by "the amount of employment income that is included in annual income" [24 CFR 5.603(b)]. The earned income used for this purpose is the amount of earned income verified after any earned income disallowances or income exclusions are applied. When the person who is enabled to work is a person with disabilities who receives the earned income disallowance (EID) or a full-time student whose earned income above $480 is excluded, childcare costs related to enabling a family member to work may not exceed the portion of the person's earned income that actually is included in annual income. For example, if a family member who qualifies for the EID makes $15,000 but because of the EID only $5,000 is included in annual income, childcare expenses are limited to $5,000. The PHA must not limit the deduction to the least expensive type of childcare. If the care allows the family to pursue more than one eligible activity, including work, the cap is calculated in proportion to the amount of time spent working [HCV GB, p. 5-301. IRCHSD Policy When the childcare expense being claimed is to enable a family member to work, only one family member's income will be considered for a given period of time. When more than one family member works during a given period, IRCHSD generally will limit allowable childcare expenses to the earned income of the lowest -paid member. The family may provide information that supports a request to designate another family member as the person enabled to work. Eligible Child Care Expenses The type of care to be provided is determined by the assisted family. The PHA may not refuse to give a family the childcare expense deduction because there is an adult family member in the household that may be available to provide childcare [VG, p. 261. Allowable Child Care Activities IRCHSD Policy For school-age children, costs attributable to public or private school activities during standard school hours are not considered. Expenses incurred for supervised activities after school or during school holidays (e.g., summer day camp, after-school sports league) are allowable forms of childcare. The costs of general housekeeping and personal services are not eligible. Likewise, child care expenses paid to a family member who lives in the family's unit are not eligible; however, payments for childcare to relatives who do not live in the unit are eligible. pg. 99 180 Administrative Plan Indian River County Housing Services Division If a childcare provider also renders other services to a family or childcare is used to enable a family member to conduct activities that are not eligible for consideration, IRCHSD will prorate the costs and allow only that portion of the expenses that is attributable to childcare for eligible activities. For example, if the care provider also cares for a child with disabilities who is 13 or older, the cost of care will be prorated. Unless otherwise specified by the childcare provider, the calculation will be based upon the number of hours spent in each activity and/or the number of persons under care. Necessary and Reasonable Costs Childcare expenses will be considered necessary if: (1) a family adequately explains how the care enables a family member to work, actively seek employment, or further their education, and (2) the family certifies, and the childcare provider verifies that the expenses are not paid or reimbursed by any other source. IRCHSD Policy Childcare expenses will be considered for the time required for the eligible activity plus reasonable transportation time. For childcare that enables a family member to go to school, the time allowed may include not more than one study hour for each hour spent in class. Part III: Calculating Family Share and PHA Subsidy 6 -III A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS TTP Formula 1`24 CFR 5.6281 HUD regulations specify the formula for calculating the total tenant payment (TTP) for an assisted family. TTP is the highest of the following amounts, rounded to the nearest dollar: • 30 percent of the family's monthly adjusted income (adjusted income is defined in Part II) • 10 percent of the family's monthly gross income (annual income, as defined in Part I, divided by 12) • The welfare rent (in as -paid states only) • A minimum rent of $50 that is established by the PHA IRCHSD has authority to suspend and exempt families from minimum rent when a financial hardship exists, as defined in section 6-111.6. The amount that a family pays for rent and utilities (the family share) will never be less than the family's TTP but may be greater than the TTP depending on the rent charged for the unit the family selects. Welfare Rent [24 CFR 5.6281 IRCHSD Policy Welfare rent does not apply in this locality. Minimum Rent [24 CFR 5.6301 IRCHSD Policy Minimum rent is $50. Minimum rent, in the PHA Program, refers to the Total Tenant Payment and includes the combined amount a family pays towards rent and/or utilities. The minimum rent applies to all participants of the IRCHSD Housing Choice Voucher Program except Veteran Affairs Supportive Housing (VASH) and Emergency Housing Voucher (EHV) participants, for whom a minimum rent of $0 will be applied, and residents of certain properties assisted by Project -based vouchers, as further described in Chapter 17. Family Share [24 CFR 982.305(a)(5)1 If a family chooses a unit with a gross rent (rent to owner plus an allowance for tenant -paid utilities) that exceeds the PHA's applicable payment standard: (1) the family will pay more than the TTP, and (2) at initial occupancy the PHA may not approve the tenancy if it would require the family pg. 100 181 Administrative Plan Indian River County Housing Services Division share to exceed 40 percent of the family's monthly adjusted income. The income used for this determination must have been verified no earlier than 60 days before the family's voucher was issued. (For a discussion of the application of payment standards, see section 6 -II I.C.) IRCHSD Policy IRCHSD may approve a tenancy if the family share is less than or equal to 40 percent of the family's gross income (including exempt income). PHA Subsidy (24 CFR 982.505(b)1 The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal to the lower of (1) the applicable payment standard for the family minus the family's TTP or (2) the gross rent for the family's unit minus the TTP. (For a discussion of the application of payment standards, see section 6-III.C.) Utility Reimbursement [24 CFR 982.514(b); 982.514(c)1 When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly to the utility provider. IRCHSD Policy IRCHSD will make utility reimbursements directly to the utility provider. The PHA may make all utility reimbursement payments to qualifying families on a monthly basis or may make quarterly payments when the monthly reimbursement amount is $15.00 or less. Reimbursements must be made once per calendar -year quarter and must be prorated if the family leaves the program in advance of its next quarterly reimbursement. The PHA must also adopt hardship policies for families for whom receiving quarterly reimbursement would create a financial hardship. IRCHSD Policy IRCHSD will issue all utility reimbursements monthly. 6 -III B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.6301 Overview The PHA must grant an exemption from the minimum rent if a family is unable to pay the minimum rent because of financial hardship. The financial hardship exemption applies only to families required to pay the minimum rent. If a family's TTP is higher than the minimum rent, the family is not eligible for a hardship exemption. If the PHA determines that a hardship exists, the family share is the highest of the remaining components of the family's calculated TTP. HUD -Defined Financial Hardship Financial hardship includes the following situations: 1. The household has lost federal, state or local government assistance or is waiting for an eligibility determination. This includes a family member who is a noncitizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996 IRCHSD Policy A hardship will be considered to exist only if the loss of eligibility has an impact on the family's ability to pay the minimum rent and no income was received into the household the previous month. For a family waiting for a determination of eligibility, the hardship period will end as of the first of the month following: (1) implementation of assistance, if approved, or (2) the decision to deny assistance. A family whose request for assistance is pg. 101 182 Administrative Plan Indian River County Housing Services Division denied may request a hardship exemption based upon one of the other allowable hardship circumstances. 2. The family would be evicted because it is unable to pay the minimum rent. IRCHSD Policy For a family to qualify under this provision, the cause of the potential eviction must be the family's failure to pay rent to the owner or tenant -paid utilities. 3. The household income has decreased due to a change in circumstances, such as loss of employment. IRCHSD Policy A family to qualify under this provision if no income was received into the household the previous month. 4. A recent death in the immediate family has occurred. IRCHSD Policy In order to qualify under this provision, a family must describe how the death has created a financial hardship (e.g., because of funeral -related expenses or the loss of the family member's income). 5. The family has experienced other circumstances determined by the PHA. IRCHSD Policy There has been no additional hardship criteria established. Implementation of Hardship Exemption Determination of Hardship When a family requests a financial hardship exemption, the PHA must suspend the minimum rent requirement beginning the first of the month following the family's request. The PHA then determines whether the financial hardship exists and whether the hardship is temporary or long-term. IRCHSD Policy IRCHSD shall promptly make a determination whether the hardship is short-term or long- term. IRCHSD defines temporary hardship as a hardship expected to last 90 days or less. A long-term hardship is defined as a hardship expected to last more than 90 days. If IRCHSD determines that the hardship is short-term, it may grant a temporary hardship waiver for up to 90 days. When the minimum rent is suspended, the family share reverts to the highest of the remaining components of the calculated TTP. The example below demonstrates the effect of the minimum rent exemption. To qualify for a hardship exemption, a family must submit a request for a hardship exemption in writing. The request must explain the nature of the hardship and how the hardship has affected the family's ability to pay the minimum rent. pg. 102 183 Example: Impact of Minimum Rent Exemption Assume an agency has established a minimum rent of $35. Family Share -No Hardship Family Share -With Hardship $0 30% of monthly adjusted income $0 30% of monthly adjusted income $15 10% of monthly gross income $15 10% of monthly gross income N/A Welfare rent N/A Welfare rent $35 Minimum rent $35 Minimum rent Minimum rent applies. Hardship exemption granted. TTP = $35 TTP = $15 When the minimum rent is suspended, the family share reverts to the highest of the remaining components of the calculated TTP. The example below demonstrates the effect of the minimum rent exemption. To qualify for a hardship exemption, a family must submit a request for a hardship exemption in writing. The request must explain the nature of the hardship and how the hardship has affected the family's ability to pay the minimum rent. pg. 102 183 Administrative Plan Indian River County Housing Services Division IRCHSD Policy IRCHSD will make the determination of hardship within 30 calendar days. No Financial Hardship If the PHA determines there is no financial hardship, the PHA will reinstate the minimum rent and require the family to repay the amounts suspended. IRCHSD Poiicc IRCHSD will require the family to repay the suspended amount within 30 calendar days. Temporary Hardship If the PHA determines that a qualifying financial hardship is temporary, the PHA must suspend the minimum rent for the 90 -day period beginning the first of the month following the date of the family's request for a hardship exemption. At the end of the 90 -day suspension period, the family must resume payment of the minimum rent and must repay the PHA the amounts suspended. HUD requires the PHA to offer a reasonable repayment agreement, on terms and conditions established by the PHA. The PHA also may determine that circumstances have changed and the hardship is now a long-term hardship. IRCHSD Poles IRCHSD will enter into a repayment agreement in accordance with the procedures found in Chapter 16 of this plan. Long -Term Hardship If the PHA determines that the financial hardship is long-term, the PHA must exempt the family from the minimum rent requirement for so long as the hardship continues. The exemption will apply from the first of the month following the family's request until the end of the qualifying hardship. When the financial hardship has been determined to be long-term, the family is not required to repay the minimum rent. IRCHSD Policy The hardship period ends when any of the following circumstances apply: 1. At an interim or annual reexamination, the family's calculated TTP is greater than the minimum rent. 2. For hardship conditions based on loss of income, the hardship condition will continue to be recognized until new sources of income are received that are at least equal to the amount lost. For example, if a hardship is approved because a family no longer receives a $60/month child support payment, the hardship will continue to exist until the family receives at least $60/month in income from another source or once again begins to receive the child support. 3. For hardship conditions based upon hardship -related expenses, the minimum rent exemption will continue to be recognized until the cumulative amount exempted is equal to the expense incurred. 6-111 C. APPLYING PAYMENT STANDARDS f24 CFR 982.505; 982.503(6)1 Overview The payment standard is used to calculate the Housing Assistance Payment for a family. "Payment standard" is defined as "the maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family)" [24 CFR 982.4(b)). The payment standard for a family is the lower of (1) the payment standard for the family unit size, which is defined as the appropriate number of bedrooms for the family under IRCHSD's subsidy pg. 103 184 Administrative Plan Indian River County Housing Services Division standards [24 CFR 982.4(b)], or (2) the payment standard for the size of the dwelling unit rented by the family. If the PHA has established an exception payment standard for a designated part of a zip code area or FMR area and a family's unit is located in the exception area, the PHA must use the appropriate payment standard for the exception area. The PHA is required to pay a monthly housing assistance payment (HAP) for a family that is the lower of (1) the payment standard for the family minus the family's TTP or (2) the gross rent for the family's unit minus the TTP. If during the term of the HAP contract for a family's unit, the owner lowers the rent, the PHA will recalculate the HAP using the lower of the initial payment standard or the gross rent for the unit [HCV GB, p. 7-8]. Changes in Payment Standards When the PHA revises its payment standards during the term of the HAP contract for a family's unit, it will apply the new payment standards in accordance with HUD regulations. Decreases If the PHA changes its payment standard schedule, resulting in a lower payment standard amount, during the term of a HAP contract, the PHA is not required to reduce the payment standard used to calculate subsidy for families under HAP contract as long as the HAP contract remains in effect [FR Notice 11/16/16]. However, if the PHA does choose to reduce the payment standard for families currently under HAP contract, the initial reduction to the payment standard may not be applied any earlier than the effective date of the family's second regular reexamination following the effective date of the decrease in the payment standard amount. At that point, the PHA may either reduce the payment standard to the current amount in effect on the PHA's payment standard schedule, or may reduce the payment standard to another amount that is higher than the normally applicable amount on the schedule. The PHA may also establish different policies for designated areas within their jurisdiction (e.g., different zip code areas). In any case, the PHA must provide the family with at least 12 months' notice that the payment standard is being reduced before the effective date of the change. The PHA's policy on decreases in the payment standard during the term of the HAP contract apply to all families under HAP contract at the time of the effective date of the decrease in the payment standard within the designated area. IRCHSD Pii If IRCHSD changes its payment standard schedule resulting in a lower payment standard amount, during the term of a HAP contract, IRCHSD will not reduce the payment standard used to calculate subsidy for families under HAP contract as long as the HAP contract remains in effect. IRCHSD will not establish different policies for decreases in the payment standard for designated areas within their jurisdiction. Increases If the payment standard is increased during the term of the HAP contract, the increased payment standard will be used to calculate the monthly housing assistance payment for the family beginning on the effective date of the family's first regular reexamination on or after the effective date of the increase in the payment standard. Families requiring or requesting interim reexaminations will not have their HAP payments calculated using the higher payment standard until their next annual reexamination [HCV GB, p. 7-8]. pg. 104 185 Administrative Plan Indian River County Housing Services Division Changes in Family Unit Size Irrespective of any increase or decrease in the payment standard, if the family unit size increases or decreases during the HAP contract term, the new family unit size must be used to determine the payment standard for the family beginning at the family's first regular reexamination following the change in family unit size. Reasonable Accommodation If a family requires a higher payment standard as a reasonable accommodation for a family member who is a person with disabilities, the PHA is allowed to establish a higher payment standard for the family of not more than 120 percent of the published FMR. IRCHSD Policy IRCHSD may provide an accommodation payment standard for persons with disabilities under the following circumstances: 1. The family requests the accommodation in writing; and 2. The family provides verification of the disability meeting the standards described in Chapter 1, and the verification includes verification that the need for the higher payment standard is related to the disability. The accommodation payment standard shall be established within the basic range, unless an increase beyond the basic range is approved by the IRCHSD Board of Commissioners. 6 -III D. APPLYING UTILITY ALLOWANCES [24 CFR 982.5171 Overview A PHA -established utility allowance schedule is used in determining family share and PHA subsidy. A family's utility allowance is determined by the size of dwelling unit leased by a family or the voucher unit size for which the family qualifies using PHA subsidy standards, whichever is the lowest of the two. See Chapter 5 for information on the PHA's subsidy standards. For policies on establishing and updating utility allowances, see Chapter 16. Reasonable Accommodation PHA Program regulations require the PHA to approve a utility allowance amount higher than shown on the PHA's schedule if a higher allowance is needed as a reasonable accommodation for a family member with a disability. For example, if a family member with a disability requires such an accommodation, the PHA will approve an allowance for air-conditioning, even if the PHA has determined that an allowance for air-conditioning generally is not needed. The family must request the higher allowance and provide the PHA with an explanation of the need for the reasonable accommodation and information about the amount of additional allowance required [HCV GB, p. 18-8]. Utility Allowance Revisions At reexamination, the PHA must use the PHA current utility allowance schedule [HCV GB, p. 18-81. IRCHSD Policy Revised utility allowances will be applied to a family's rent and subsidy calculations at the first annual reexamination that is effective after the allowance is adopted. pg. 105 186 Administrative Plan Indian River County Housing Services Division 6 -III E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520] HUD regulations prohibit assistance to ineligible family members. A "mixed family" is one that includes at least one U.S. citizen or eligible immigrant and any number of ineligible family members. The PHA must prorate the assistance provided to a mixed family. The PHA will first determine assistance as if all family members were eligible and then prorate the assistance based upon the percentage of family members that actually are eligible. For example, if the PHA subsidy for a family is calculated at $500 and two of four family members are ineligible, the PHA subsidy would be reduced to $250. pg. 106 187 Administrative Plan Indian River County Housing Services Division EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS pg. 107 188 (3) Interest, dividends, and other 24 CFR 5.609 net income of any kind from (a) Annual income means all amounts, real or personal property. monetary or not, which: Expenditures for amortization (1) Go to, or on behalf of, the family of capital indebtedness shall head or spouse (even if temporarily absent) not be used as deductions in or to any other family member; or determining net income. An allowance for depreciation is (2) Are anticipated to be received from permitted only as authorized in a source outside the family during the 12- paragraph (b)(2) of this month period following admission or annual section. Any withdrawal of reexamination effective date; and cash or assets from an (3) Which are not specifically excluded investment will be included in in paragraph (c) of this section. income, except to the extent (4) Annual income also means the withdrawal is amounts derived (during the 12 -month reimbursement of cash or period) from assets to which any member of assets invested by the family. the family has access. Where the family has net family assets in excess of Annual income includes, but is not limited $5,000, annual income shall to: to: include the greater of the (1) The full amount, before any payroll actual income derived from all deductions, of wages and salaries, overtime net family assets or a pay, commissions, fees, tips and bonuses, percentage of the value of and other compensation for personal such assets based on the services; current passbook savings rate, (2) The net income from the operation of a as determined by HUD; business or profession. Expenditures for (4) The full amount of periodic business expansion or amortization of capital amounts received from indebtedness shall not be used as Social Security, annuities, deductions in determining net income. An insurance policies, allowance for depreciation of assets used in retirement funds, pensions, a business or profession may be deducted, disability or death benefits, based on straight line depreciation, as and other similar types of provided in Internal Revenue Service periodic receipts, including a regulations. Any withdrawal of cash or assets lump -sum amount or from the operation of a business or prospective monthly profession will be included in income, except amounts for the delayed to the extent the withdrawal is reimbursement start of a periodic amount of cash or assets invested in the operation by (except as provided in the family; Text of 45 CFR 260.31 follows. paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and pg. 107 188 Administrative Plan assistance income to be included as income shall consist of: The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, "financial assistance" does not include loan proceeds for the purpose of determining income. HHS DEFINITION OF "ASSISTANCE" 45 CFR: GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 260.31 What does the term "assistance" mean? (a)(1) The term "assistance" includes cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). (2) It includes such benefits even when they are: Indian River County Housing Services Division Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual recipients; and Conditioned on participation in work experience or community service (or any other work activity under 261.30 of this chapter). (3) Except where excluded under paragraph (b) of this section, it also includes supportive services such as transportation and child care provided to families who are not employed. (b) [The definition of "assistance"] excludes: (1) Nonrecurrent, short-term benefits that: Are designed to deal with a specific crisis situation or episode of need; Are not intended to meet recurrent or ongoing needs; and Will not extend beyond four months. (2) Work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); (3) Supportive services such as child care and transportation provided to families who are employed; (4) Refundable earned income tax credits; (5) Contributions to, and distributions from, Individual Development Accounts; (6) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and (7) Transportation benefits provided under a Job Access or Reverse Commute project, pursuant to section 404(k) of [the Social Security] Act, to an individual who is not otherwise receiving assistance. pg. 108 189 Administrative Plan Indian River County Housing Services Division EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS 24 CFR 5.609 (c) Annual income does not include the following: (1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (3) Lump -sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; (5) Income of a live-in aide, as defined in Sec. 5.403; (6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; (8) (i)Amounts received under training programs funded by HUD; (ii)Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self - Sufficiency (PASS); (iii)Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out- of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv)Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time; (v)lncremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; (9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; pg. 109 190 Administrative Plan (11)Earnings in excess of $480 for each full- time student 18 years old or older (excluding the head of household and spouse); (12)Adoption assistance payments in excess of $480 per adopted child; (13)[Reserved] (14)Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or prospective monthly amounts. (15)Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; Indian River County Housing Services Division (16)Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or (17)Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. [See Section 6-I.M. for a list of benefits that qualify for this exclusion.] pg. 110 191 Administrative Plan Indian River County Housing Services Division EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS 24 CFR 5.603(b) Net Family Assets (1) Net cash value after (3) In determining net family deducting reasonable costs assets, PHAs or owners, as that would be incurred in applicable, shall include the disposing of real property, value of any business or savings, stocks, bonds, and family assets disposed of by other forms of capital an applicant or tenant for less investment, excluding than fair market value interests in Indian trust land (including a disposition in and excluding equity accounts trust, but not in a foreclosure in HUD homeownership or bankruptcy sale) during the programs. The value of two years preceding the date necessary items of personal of application for the program property such as furniture and or reexamination, as automobiles shall be applicable, in excess of the excluded. consideration received (2) In cases where a trust therefor. In the case of a fund has been established disposition as part of a and the trust is not revocable separation or divorce by, or under the control of, settlement, the disposition will any member of the family or not be considered to be for household, the value of the less than fair market value if trust fund will not be the applicant or tenant considered an asset so long receives important as the fund continues to be consideration not measurable held in trust. Any income in dollar terms. distributed from the trust fund (4) For purposes of shall be counted when determining annual income determining annual income under Sec. 5.609, the term under Sec. 5.609. 'net family assets "does not include the value of a home currently being purchased with assistance under part 982, subpart M of this title. This exclusion is limited to the first 10 years after the purchase date of the home. pg. 111 192 Administrative Plan Indian River County Housing Services Division EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES 24 CFR 5.617 Self-sufficiency incentives for persons with disabilities—Disallowance of increase in annual income. (a) Applicable programs. The disallowance of earned income provided by this section is applicable only to the following programs: HOME Investment Partnerships Program (24 CFR part 92); Housing Opportunities for Persons with AIDS (24 CFR part 574); Supportive Housing Program (24 CFR part 583); and the Housing Choice Voucher Program (24 CFR part 982). (b) Definitions. The following definitions apply for purposes of this section. Baseline income. The annual income immediately prior to implementation of the disallowance described in paragraph (c)(1) of this section of a person with disabilities (who is a member of a qualified family). Disallowance. Exclusion from annual income. Previously unemployed includes a person with disabilities who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Qualified family. A family residing in housing assisted under one of the programs listed in paragraph (a) of this section or receiving tenant -based IRCHSD under one of the programs listed in paragraph (a) of this section. (1) Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment; (2) Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self- sufficiency or other job training program; or (3) Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare -to -Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance-- provided that the total amount over a six-month period is at least $500. pg. 112 193 Administrative Plan Indian River County Housing Services Division (c) Disallowance of increase in annual income— (1) Initial twelve month exclusion. During the 12 - month period beginning on the date a member who is a person with disabilities of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the responsible entity must exclude from annual income (as defined in the regulations governing the applicable program listed in paragraph (a) of this section) of a qualified family any increase in income of the family member who is a person with disabilities as a result of employment over prior income of that family member. (2) Second twelve month exclusion and phase-in. Upon expiration of the 12 -month period defined in paragraph (c)(1) of this section and for the subsequent 12 -month period, the responsible entity must exclude from annual income of a qualified family at least 50 percent of any increase in income of such family member as a result of employment over the family member's baseline income. (3) Maximum 2 -year disallowance. The disallowance of increased income of an individual family member who is a person with disabilities as provided in paragraph (c)(1) or (c)(2) of this section is limited to a lifetime 24 -month period. The disallowance applies for a maximum of 12 months for disallowance under paragraph (c)(1) of this section and a maximum of 12 months for disallowance under paragraph (c)(2) of this section, during the 24- month period starting from the initial exclusion under paragraph (c)(1) of this section. (4) Effect of changes on currently participating families. Families eligible for and participating in the disallowance of earned income under this section prior to May 9, 2016 will continue to be governed by this section in effect as it existed immediately prior to that date (see 24 CFR parts 0 to 199, revised as of April 1, 2016). (d) Inapplicability to admission. The disallowance of increases in income as a result of employment of persons with disabilities under this section does not apply for purposes of admission to the program (including the determination of income eligibility or any income targeting that may be applicable). pg. 113 194 Administrative Plan Indian River County Housing Services Division EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION 24 CFR 5.615 Public housing program and Section 8 tenant -based assistance program: How welfare benefit reduction affects family income. (a) Applicability. This section applies to covered families who reside in public housing (part 960 of this title) or receive Section 8 tenant -based assistance (part 982 of this title). (b) Definitions. The following definitions apply for purposes of this section: Covered families. Families who receive welfare assistance or other public assistance benefits ("welfare benefits") from a State or other public agency ("welfare agency") under a program for which Federal, State, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for such assistance. Economic self-sufficiency program. See definition at Sec. 5.603. Imputed welfare income. The amount of annual income not actually received by a family, as a result of a specified welfare benefit reduction, that is nonetheless included in the family's annual income for purposes of determining rent. Specified welfare benefit reduction. (1) A reduction of welfare benefits by the welfare agency, in whole or in part, for a family member, as determined by the welfare agency, because of fraud by a family member in connection with the welfare program; or because of welfare agency sanction against a family member for noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program. (2) "Specified welfare benefit reduction" does not include a reduction or termination of welfare benefits by the welfare agency: (i) at expiration of a lifetime or other time limit on the payment of welfare benefits; (ii) because a family member is not able to obtain employment, even though the family member has complied with welfare agency economic self- sufficiency or work activities requirements; or (iii) because a family member has not complied with other welfare agency requirements. (c) Imputed welfare income. (1) A family's annual income includes the amount of imputed welfare income (because of a specified welfare benefits reduction, as specified in notice to the PHA by the welfare agency), plus the total amount of other annual income as determined in accordance with Sec. 5.609. (2) At the request of the PHA, the welfare agency will inform the PHA in writing of the amount and term of any specified welfare benefit reduction for a family member, and the reason for such reduction, and will also inform the PHA of any subsequent changes in the term or amount of such specified welfare benefit reduction. The PHA will use this information to determine the amount of imputed welfare income for a family. (3) A family's annual income includes imputed welfare income in family annual income, as determined at the PHA's interim or regular reexamination of family income and composition, during the term of the welfare benefits reduction (as specified in information provided to the PHA by the welfare agency). (4) The amount of the imputed welfare income is offset by the amount of additional income a family receives that commences after the time the sanction was imposed. When such additional income from other sources is at least equal to the imputed (5) The PHA may not include imputed welfare income in annual income if the family was not an assisted resident at the time of sanction. (d) Review of PHA decision. (1) Public housing. If a public housing tenant claims that the PHA has not correctly calculated the amount of imputed welfare income in accordance with HUD requirements, and if the PHA denies the family's request to modify such amount, the PHA shall give the tenant written notice of such denial, with a brief explanation of the basis for the PHA determination of the amount of imputed welfare income. The PHA notice shall also state that if the tenant does not agree with the PHA determination, the tenant may request a grievance hearing in accordance with part 966, pg. 114 195 Administrative Plan Indian River County Housing Services Division subpart B of this title to review the PHA determination. The tenant is not required to pay an escrow deposit pursuant to Sec. 966.55(e) for the portion of tenant rent attributable to the imputed welfare income in order to obtain a grievance hearing on the PHA determination. (2) Section 8 participant. A participant in the Section 8 tenant -based assistance program may request an informal hearing, in accordance with Sec. 982.555 of this title, to review the PHA determination of the amount of imputed welfare income that must be included in the family's annual income in accordance with this section. If the family claims that such amount is not correctly calculated in accordance with HUD requirements, and if the PHA denies the family's request to modify such amount, the PHA shall give the family written notice of such denial, with a brief explanation of the basis for the PHA determination of the amount of imputed welfare income. Such notice shall also state that if the family does not agree with the PHA determination, the family may request an informal hearing on the determination under the PHA hearing procedure. (e) PHA relation with welfare agency. (1) The PHA must ask welfare agencies to inform the PHA of any specified welfare benefits reduction for a family member, the reason for such reduction, the term of any such reduction, and any subsequent welfare agency determination affecting the amount or term of a specified welfare benefits reduction. If the welfare agency determines a specified welfare benefits reduction for a family member, and gives the PHA written notice of such reduction, the family's annual incomes shall include the imputed welfare income because of the specified welfare benefits reduction. (2) The PHA is responsible for determining the amount of imputed welfare income that is included in the family's annual income as a result of a specified welfare benefits reduction as determined by the welfare agency, and specified in the notice by the welfare agency to the PHA. However, the PHA is not responsible for determining whether a reduction of welfare benefits by the welfare agency was correctly determined by the welfare agency in accordance with welfare program requirements and procedures, nor for providing the opportunity for review or hearing on such welfare agency determinations. Such welfare agency determinations are the responsibility of the welfare agency, and the family may seek appeal of such determinations through the welfare agency's normal due process procedures. The PHA shall be entitled to rely on the welfare agency notice to the PHA of the welfare agency's determination of a specified welfare benefits reduction. pg. 115 196 Administrative Plan Indian River County Housing Services Division Chapter 7: Verification The PHA must verify all information that is used to establish the family's eligibility and level of assistance and is required to obtain written authorization from the family in order to collect the information. Applicants and program participants must cooperate with the verification process as a condition of receiving assistance. The PHA must not pass on the cost of verification to the family. The PHA will follow the verification guidance provided by HUD in Notice PIH 2018-18 and any subsequent guidance issued by HUD. This chapter summarizes those requirements and provides supplementary PHA policies. Part I describes the general verification process. Part II provides more detailed requirements related to family information. Part III provides information on income and assets, and Part IV covers mandatory deductions. Verification policies, rules and procedures will be modified as needed to accommodate persons with disabilities. All information obtained through the verification process will be handled in accordance with the records management policies. Part I: General Verification Requirements 7-1 A.FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551. 24 CFR 5.2301 The family must supply any information that IRCHSD or HUD determines is necessary to the administration of the program and must consent to PHA verification of that information [24 CFR 982.551]. Consent Forms It is required that all adult applicants and participants sign form HUD -9886, Authorization for Release of Information. The purpose of this form is to facilitate automated data collection and computer matching from specific sources and provides the family's consent only for the specific purposes listed on the form. HUD and the PHA may collect information from State Wage Information Collection Agencies (SWICAs) and current and former employers of adult family members. Only HUD is authorized to collect information directly from the Internal Revenue Service (IRS) and the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family's eligibility and level of assistance. Penalties for Failing to Consent [24 CFR 5.2321 If any family member who is required to sign a consent form fails to do so, IRCHSD will deny admission to applicants and terminate assistance of participants. The family may request an informal review (applicants) or informal hearing (participants) in accordance with IRCHSD procedures and the policies in Chapter 16 of this plan. 7-1 B. OVERVIEW OF VERIFICATION REQUIREMENTS HUD's Verification Hierarchy [Notice PIH 2018-181 HUD mandates the use of the EIV system and offers administrative guidance on the use of other methods to verify family information and specify the circumstances in which each method will be used. In general HUD requires the PHA to use the most reliable form of verification that is available and to document the reasons when the PHA uses a lesser form of verification. In order of priority, the forms of verification that the PHA will use are: Up -front Income Verification (UIV) using HUD's Enterprise Income Verification (EIV) system Up -front Income Verification (UIV) using a non -HUD system pg. 116 197 Administrative Plan Indian River County Housing Services Division • Written Third -Party Verification (may be provided by applicant or participant) • Written Third -party Verification Form • Oral Third -party Verification • Self -Certification Each of the verification methods is discussed in subsequent sections below. Requirements for Acceptable Documents IRCHSD E2 licA Any documents used for verification must be the original (not photocopies) and generally must be dated within 60 days of the request. The documents must not be damaged, altered or in any way illegible. Print-outs from Web pages are considered original documents The staff member who views the original document must make a photocopy, date the original or the copy and initial, if applicable. Any family self -certifications must be made in a format acceptable to the IRCHSD and must be signed in the presence of a county representative or notary public. File Documentation The PHA must document in the file how the figures used in income and rent calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be recorded in the family's file in sufficient detail to demonstrate that the PHA has followed all of the verification policies set forth in this plan. The record should be sufficient to enable a staff member or HUD reviewer to understand the process followed and conclusions reached. IRCHSD Policy IRCHSD will document, in the family file, the following: • Reported family annual income • Value of assets • Expenses related to deductions from annual income • Other factors influencing adjusted income When the PHA is unable to obtain third -party verification, the PHA will document in the family file the reason that third -party verification was not available [24 CFR 982.516(a)(2); Notice PIH 2018-18]. 7-1 C. UP -FRONT INCOME VERIFICATION (UIV) Up -front income verification (UIV) refers to the PHA's use of the verification tools available from independent sources that maintain computerized information about earnings and benefits. UIV will be used to the extent that these systems are available to the PHA. There may be legitimate differences between the information provided by the family and UIV- generated information. If the family disputes the accuracy of UIV data, no adverse action can be taken until the PHA has independently verified the UIV information and the family has been granted an opportunity to contest any adverse findings through the informal review/hearing process of the PHA. See Chapter 6 for the PHA's policy on the use of UIV/EIV to project annual income. pg. 117 198 Administrative Plan Indian River County Housing Services Division Upfront Income Verification Using HUD's Enterprise Income Verification (EIV) System (Mandatory) PHAs must use HUD's EIV system in its entirety as a third -party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income in accordance with 24 CFR 5.236 and administrative guidance issued by HUD. The EIV system contains data showing earned income, unemployment benefits, social security benefits, and SSI benefits for participant families. The following policies apply to the use of HUD's EIV system. EIV Income Reports The data shown on income reports is updated quarterly. Data may be between 3 and 6 months old at the time reports are generated. IRCHSD Policy IRCHSD will obtain income reports for annual reexaminations on a monthly basis. Reports will be generated as part of the regular reexamination process. Income reports will be compared to family -provided information as part of the annual reexamination process. Income reports may be used in the calculation of annual income, as described in Chapter 6-I.C. Income reports may also be used to meet the regulatory requirement for third party verification, as described above. Policies for resolving discrepancies between income reports and family -provided information will be resolved as described in Chapter 6-I.C. and in this chapter. Income reports will be used in interim reexaminations to identify any discrepancies between reported income and income shown in the EIV system, and as necessary to verify the presence of earned income, and to verify and calculate unemployment benefits, Social Security and/or SSI benefits. EIV will also be used to verify that families claiming zero income are not receiving income from any of these sources. Income reports will be retained in participant files with the applicable annual or interim reexamination documents. When IRCHSD determines through income reports and third -party verification that a family has concealed or under -reported income, corrective action will be taken pursuant to the policies in Chapter 14, Program Integrity. EIV Identity Verification The EIV system verifies tenant identities against SSA records. These records are compared to PIC data for a match on social security number, name, and date of birth. PHAs are required to use EIV's Identity Verification Report on a monthly basis to improve the availability of income information in EIV [Notice PIH 2018-18]. When identity verification for a participant fails, a message will be displayed within the EIV system, and no income information will be displayed. IRCHSD Poh IRCHSD will identify participants whose identity verification has failed by reviewing EIV's Identity Verification Report on a monthly basis. IRCHSD will attempt to resolve PIC/SSA discrepancies by obtaining appropriate documentation from the participant. When IRCHSD determines that discrepancies exist due to IRCHSD errors such as spelling errors or incorrect birth dates, the errors will be corrected promptly. pg. 118 199 Administrative Plan Indian River County Housing Services Division Upfront Income Verification Using Non -HUD Systems (Optional) In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other upfront verification sources. IRCHSD Policy IRCHSD will inform all applicants and participants of its use of the following UIV resources during the admission and reexamination process: • HUD's EIV system 7-1 D. THIRD -PARTY WRITTEN AND ORAL VERIFICATION HUD's current verification hierarchy defines two types of written third -party verification. The more preferable form, "written third -party verification," consists of an original document generated by a third -party source, which may be received directly from a third -party source or provided to the PHA by the family. If written third -party verification is not available, the PHA must attempt to obtain a "written third -party verification form." This is a standardized form used to collect information from a third party. Written Third -Party Verification [Notice PIH 2018-181 Written third -party verification documents must be original and authentic and may be supplied by the family or received from a third -party source. Examples of acceptable tenant -provided documents include, but are not limited to: pay stubs, payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefit notices. The PHA is required to obtain, at minimum, two current and consecutive pay stubs for determining annual income from wages. The PHA may reject documentation provided by the family if the document is not original, if the document appears to be forged, or if the document is altered, mutilated, or illegible. IRCHSD Policy Third -party documents provided by the family must be dated within 60 days of the requested date. If it is determined that third -party documents provided by the family are not acceptable, will explain the reason to the family and request additional documentation. As verification of earned income, will require the family to provide the two most current, consecutive pay stubs if the tenant is a new hire, if the tenant has been working for a period of time, will request the consecutive pay stubs for six (6) to (8) pay periods or what pay stubs are available from the start of employment. Written Third -Party Verification Form When upfront verification is not available and the family is unable to provide written third - party documents, the PHA must request a written third -party verification form. HUD's position is that this traditional third -party verification method presents administrative burdens and risks which may be reduced through the use of family -provided third -party documents. PHAs may mail, fax, or e-mail third -party written verification form requests to third -party sources. IRCHSD Policy In general, it is preferable for IRCHSD to mail or fax forms directly to the third -party source. However, when verification forms are returned to IRCHSD by the family, they will be orally pg. 119 200 Administrative Plan Indian River County Housing Services Division third -party confirmed by IRCHSD staff. IRCHSD will accept verifications in the form of computerized printouts delivered by the family from the following agencies: • Social Security Administration; • Veterans Administration; Department of Social and Health Services; • Office of Child Support Enforcement; • Employment Security Department; and • City or county courts. Additionally, IRCHSD may accept verifications in the form of computerized printouts delivered by the family for record of: Bank Statements Statement of Wages To all extent possible, IRCHSD will not delay the processing of an application or review beyond 10 business days because a third -party information provider does not return the verification in a timely manner. Oral Third -Party Verification [Notice PIH 2018-181 For third -party oral verification, PHAs contact sources, identified by UIV techniques or by the family, by telephone or in person. Oral third -party verification is mandatory if neither form of written third -party verification is available. Third -party oral verification may be used when requests for written third -party verification forms have not been returned within a reasonable time, 10 business days. IRCHSD Policy IRCHSD staff may also verify wage information directly with the employer when the upfront income verification method is not applicable, and the applicant/participant is unable to produce original/authentic third -party documentation, or the documentation provided appears to be insufficient and/or altered. The family will be required to sign an authorization for the information source to release the specified information. When third -party oral verification is used, staff will be required to document with whom they spoke, the date of the conversation, and the facts provided. IRCHSD will compare the information to any documents provided by the family. If provided by telephone, IRCHSD may originate the call. When any source responds verbally to the initial written request for verification IRCHSD will accept the verbal response as oral verification but will also request that the source complete and return any verification forms that were provided. When Third -Party Verification is Not Required [Notice PIH 2018-181 Third -party verification may not be available in all situations. HUD has acknowledged that it may not be cost-effective or reasonable to obtain third -party verification of income, assets, or expenses when these items would have a minimal impact on the family's total tenant payment. IRCHSD.—Q-P-0 li If the family cannot provide original documents, IRCHSD will pay the service charge required to obtain third -party verification, unless it is not cost effective in which case a self - certification will be acceptable as the only means of verification. The cost of verification will not be passed on to the family. pg. 120 201 Administrative Plan Indian River County Housing Services Division The cost of postage and envelopes to obtain third -party verification of income, assets, and expenses is not an unreasonable cost [VG, p. 18]. Primary Documents Third -party verification is not required when legal documents are the primary source, such as birth certificate or other legal documentation of birth. Imputed Assets HUD permits PHAs to accept a self -certification from a family as verification of assets disposed of for less than fair market value [HCV GB, p. 5-281. IRCHSD Policy IRCHSD will accept a self -certification from a family as verification of assets disposed of for less than fair market value. Value of Assets and Asset Income f24 CFR 982.516(a)1 For families with net assets totaling $5,000 or less, the PHA may accept the family's declaration of asset value and anticipated asset income. However, the PHA is required to obtain third -party verification of all assets regardless of the amount during the intake process and at least every three years thereafter. IRCHSD Policy For families with net assets totaling $5,000 or less, IRCHSD will accept the family's self - certification of the value of family assets and anticipated asset income when applicable. The family's declaration must show each asset, and the amount of income expected from that asset. All family members 18 years of age and older must sign the family's declaration. Will use third -party documentation for assets as part of the intake process, whenever a family member is added to verify the individual's assets, and every three years thereafter; if applicable. Six months of bank statements or the most current bank statement with the balance will suffice if third party is not obtainable. 7-1 E. SELF -CERTIFICATION Self -certification may be an acceptable form of verification when: • A source of income is fully excluded • Net family assets total $50,000 or less and the PHA has adopted a policy to accept self -certification at annual recertification, when applicable • The PHA has adopted a policy to implement streamlined annual recertifications for fixed sources of income (See Chapter 11) When the PHA was required to obtain third -party verification but instead relies on a tenant declaration for verification of income, assets, or expenses, the family's file must be documented to explain why third -party verification was not available. IR C HS_D_P li When information cannot be verified by a third party or by review of documents, family members will be required to submit self -certifications attesting to the accuracy of the information they have provided to IRCHSD. IRCHSD may require a family to certify that a family member does not receive a particular type of income or benefit. The self -certification must be made in a format acceptable to IRCHSD and must be signed by the family member whose information or status is being verified. pg. 121 202 Administrative Plan Indian River County Housing Services Division All self -certifications must be signed in the presence of a County representative or a notary public. Part 11: Verifying Family Information 7 -II A. VERIFICATION OF LEGAL IDENTITY IRCHSD Policy IRCHSD will require families to furnish verification of legal identity for each household member. Verification of Legal Identity for Adults Verification of Legal Identity for Children Certificate of birth, naturalization papers Certificate of birth Church issued baptismal certificate Adoption papers Current, valid driver's license or Department Custody agreement of Motor Vehicles identification card Health and Human Services ID U.S. military discharge (DD 214) Certified school records Current U.S. passport Current employer identification card If a document submitted by a family is illegible for any reason or otherwise questionable, more than one of these documents may be required. If none of these documents can be provided and at the IRCHSD discretion, a third party who knows the person may attest to the person's identity. The certification must be provided in a format acceptable and be signed in the presence of a County representative or a notary public. Legal identity will be verified for all applicants at the time of eligibility determination and in cases where IRCHSD has reason to doubt the identity of a person representing themselves to be a participant. 7 -II B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, NOTICE PIH 2012-101 The family must provide documentation of a valid social security number (SSN) for each member of the household, with the exception of individuals who do not contend eligible immigration status. Exemptions also include existing program participants who were at least 62 years of age as of January 31, 2010, and had not previously disclosed an SSN. Note that an individual who previously declared to have eligible immigration status may not change their declaration for the purpose of avoiding compliance with the SSN disclosure and documentation requirements or penalties associated with noncompliance with these requirements. Nor may the head of household opt to remove a household member from the family composition for this purpose. The PHA must accept the following documentation as acceptable evidence of the social security number: • An original SSN card issued by the Social Security Administration (SSA) • An original SSA -issued document, which contains the name and SSN of the individual • An original document issued by a federal, state, or local government agency, which pg. 122 203 Administrative Plan Indian River County Housing Services Division contains the name and SSN of the individual. This includes: o The Certificate of Release or Discharge from Active Duty (DD -214); o VA -verified Application for Health Benefits (10-10EZ) o VA -issued photo identification card The PHA may only reject documentation of an SSN provided by an applicant or participant if the document is not an original document or if the original document has been altered, mutilated, is illegible, or appears to be forged. IRCHSD Policy IRCHSD will explain to the applicant or participant the reasons the document is not acceptable and request that the individual obtain and submit acceptable documentation of the SSN to IRCHSD within 10 business days. In the case of Moderate Rehabilitation Single Room Occupancy (SRO) individuals, the required documentation must be provided within 90 calendar days from the date of admission into the program. The PHA must grant one additional 90 -day extension if it determines that the applicant's failure to comply was due to circumstances that were beyond the applicant's control and could not have been reasonably foreseen. IRCHSD Policy IRCHSD may grant an additional 90 -day extension if needed for reasons beyond the participant's control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. If the individual fails to comply with SSN disclosure and documentation requirements upon expiration of the provided time period, IRCHSD will terminate the individual's assistance. If an applicant family includes a child under 6 years of age who joined the household within the 6 months prior to the date of voucher issuance, an otherwise eligible family may be admitted to the program and the family must provide documentation of the child's SSN within 90 days of the effective date of the initial HAP contract. A 90 -day extension will be granted if the PHA determines that the participant's failure to comply was due to unforeseen circumstances and was outside of the participant's control. IRCHSD Policy IRCHSD may grant an additional 90 -day extension if needed for reasons beyond the applicant's control, such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. When a participant requests to add a new household member who is at least 6 years of age, or who is under the age of 6 and has an SSN, the participant must provide the complete and accurate SSN assigned to each new member at the time of reexamination or recertification, in addition to the documentation required to verify it. The PHA may not add a new household member until such documentation is provided. When a participant requests to add a new household member who is under the age of 6 and has not been assigned an SSN, the participant must provide the SSN assigned to each new child and the required documentation within 90 calendar days of the child being added to the household. A 90 -day extension will be granted if the PHA determines that the participant's failure to comply was due to unforeseen circumstances and was outside of the participant's control. During the period the PHA is awaiting documentation of the SSN, the child will be counted as part of the assisted household. IRCHSD Policy IRCHSD will grant one additional 90 -day extension if needed for reasons beyond the participant's control such as delayed processing of the SSN application by the SSA, pg. 123 204 Administrative Plan Indian River County Housing Services Division natural disaster, fire, death in the family, or other emergency. Social security numbers must be verified only once during continuously assisted occupancy. IRCHSD Poligy IRCHSD will verify each disclosed SSN by: Obtaining documentation from applicants and participants that is acceptable as evidence of social security numbers Making a copy of the original documentation submitted, returning it to the individual, and retaining a copy in the file folder If an applicant or addition to a participant household is able to disclose the Social Security Number but cannot meet the documentation requirements, the applicant or addition cannot be admitted to the program. (Existing program participants as of January 31, 2010, who have previously disclosed a valid SSN or who are 62 years of age or older and have not previously disclosed a valid SSN are exempt from these disclosure requirements. [HUD Notice PIH 2010-3]) If the family member states they have not been issued a number and is a member of a household whose other members can provide verification of their SSN, the family member will be required to sign a certification to this effect. IRCHSD will obtain a HUD issued alternate ID to use until the Social Security number is obtained. Once the individual's verification status is classified as "verified," the PHA may, at its discretion, remove and destroy copies of documentation accepted as evidence of social security numbers. The retention of the EIV Summary Report or Income Report is adequate documentation of an individual's SSN. 1R H 8 D P o!.LC. Once an individual's status is classified as "verified" in HUD's EIV system, IRCHSD will not remove and destroy copies of documentation accepted as evidence of social security numbers. 7 -II C. DOCUMENTATION OF AGE A birth certificate or other official record of birth is the preferred form of age verification for all family members. For elderly family members an original document that provides evidence of the receipt of social security retirement benefits is acceptable. IRCHSD Policy If an official record of birth or evidence of social security retirement benefits cannot be provided, IRCHSD will require the family to submit other documents that support the reported age of the family member (e.g., school records, driver's license if birth year is recorded) and to provide self -certification. Age must be verified only once during continuously assisted occupancy. 7 -II D. FAMILY RELATIONSHIPS Applicants and program participants are required to identify the relationship of each household member to the head of household. Definitions of the primary household relationships are provided in the Eligibility chapter. IRCHSD Policy Family relationships are verified only to the extent necessary to determine a family's eligibility and level of assistance. Self -certification by the head of household normally is sufficient verification of family relationships. pg. 124 205 Administrative Plan Indian River County Housing Services Division Marriage IRCHSD Policy Certification by the head of household is normally sufficient verification. If IRCHSD has reasonable doubts about a marital relationship, IRCHSD will require the family to document the marriage. A marriage certificate generally is required to verify that a couple is married. In the case of a common law marriage, the couple must demonstrate that they hold themselves to be married (e.g., by telling the community they are married, calling each other husband and wife, using the same last name, filing joint income tax returns). Separation or Divorce IRCHSD Policy Certification by the head of household is normally sufficient verification. If IRCHSD has reasonable doubts about separation or divorce, IRCHSD will require the family to provide documentation of the divorce or separation. A certified copy of a divorce decree, signed by a court officer, is required to document that a couple is divorced, if applicable. A copy of a court-ordered maintenance or other court record is required to document a separation, if applicable. If no court document is available, documentation from a community-based agency will be accepted, if applicable. Verification of parent or guardian relationships: IRCHSD Policy The following documentation may provide documentation of parental or guardian relationships. • Birth Certificates or hospital verification of birth; • Baptismal Certificates where the names of the parent(s) and the birth date are noted; • Official court paperwork of custody assignment or adoption decree; or • Court-ordered assignment. Foster Children and Foster Adults IRCHSD Policy Third -party verification from the state or local government agency responsible for the placement of the individual with the family is required. Verification of Permanent Absence of Family Member IRCHSD Policy If an adult member who was formerly a member of the household is reported permanently absent by the family, the family must provide evidence to support that the person is no longer a member of the family. IRCHSD will consider any of the following as verification: • Order of protection/restraining order is obtained by one family member against another; • Proof of another home address is provided, such as utility bills, canceled checks for rent, driver's license, or lease or rental agreement, if available; • Family provides statements from other agencies such as social services or a written statement from the landlord or manager that the adult family member is no longer living at that location; pg. 125 206 Administrative Plan Indian River County Housing Services Division • If the adult family member is incarcerated, a document from the court or correctional facility should be obtained stating how long they will be incarcerated; or • As a last resort, if no other proof can be provided, IRCHSD will accept a self -certification from the head of household, or the spouse or co-head if the head is the absent member. Verification of Change in Family Composition IRCHSq Policy IRCHSD may verify changes in family composition (either reported or unreported) through letters, telephone calls, utility records, inspections, landlords, neighbors, credit data, school or DMV records, and other sources. 7 -II E. VERIFICATION OF STUDENT STATUS General Requirements IRCHSD Policy IRCHSD requires families to provide information about the student status of all students who are 18 years of age or older. This information will be verified only if: • The family reports full-time student status for an adult other than the head, spouse, or cohead. • The family reports childcare expenses to enable a family member to further their education. • The family includes a student enrolled in an institution of higher education. Restrictions on Assistance to Students Enrolled in Institutions of Higher Education This section applies only to students who are seeking assistance on their own, separately from their parents. It does not apply to students residing with parents who are seeking or receiving HCV assistance. IRCHSD Policy In accordance with the verification hierarchy described in section 7-1. B, IRCHSD will determine whether the student is exempt from the restrictions in 24 CFR 5.612 by verifying any one of the following exemption criteria: • The student is enrolled at an educational institution that does not meet the definition of institution of higher education in the Higher Education Act of 1965 (see section Exhibit 3-2). • The student is at least 24 years old. • The student is a veteran, as defined in section 3-II.E. • The student is married. • The student has at least one dependent child, as defined in section 3-II.E. • The student is a person with disabilities, as defined in section 3 -II. E, and was receiving assistance prior to November 30, 2005. If IRCHSD cannot verify at least one of these exemption criteria, IRCHSD will conclude that the student is subject to the restrictions on assistance at 24 CFR 5.612. In addition to verifying the student's income eligibility, IRCHSD will then proceed to verify either the student's parents' income eligibility (see section 7-III.J) or the student's independence from their parents (see below). Independent Student IRCHSD Policy IRCHSD will verify a student's independence from their parents to determine that the student's parents' income is not relevant for determining the student's eligibility by doing all of the following: • Either reviewing and verifying previous address information to determine pg. 126 207 Administrative Plan Indian River County Housing Services Division whether the student has established a household separate from their parents for at least one year or reviewing and verifying documentation relevant to determining whether the student meets the U.S. Department of Education's definition of independent student (see section 3 -II. E) • Reviewing the student's prior year income tax returns to verify the student is independent or verifying the student meets the U.S. Department of Education's definition of independent student (see section 3 -II. E) • Requesting and obtaining written certification directly from the student's parents identifying the amount of support they will be providing to the student, even if the amount of support is $0, except in cases in which IRCHSD determines that the student is a vulnerable youth (see section 3 -II. E) 7 -II F. DOCUMENTATION OF DISABILITY The PHA must verify the existence of a disability in order to allow certain income disallowances and deductions from income. The PHA is not permitted to inquire about the nature or extent of a person's disability [24 CFR 100.202(c)]. The PHA may not inquire about a person's diagnosis or details of treatment for a disability or medical condition. If the PHA receives a verification document that provides such information, the PHA will not place this information in the tenant file. Under no circumstances will the PHA request a participant's medical record(s). For more information on health care privacy laws, see the Department of Health and Human Services' website at http://www.hhs.gov/ocr/privacy/. The above cited regulation does not prohibit the following inquiries, provided these inquiries are made by all applicants, whether or not they are persons with disabilities [VG, p. 24]: • Inquiry into an applicant's ability to meet the requirements of ownership or tenancy • Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability • Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability • Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance • Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance Family Members Receiving SSA Disability Benefits Verification of the receipt of disability benefits from the Social Security Administration (SSA) is sufficient verification of disability for the purpose of qualifying for waiting list preferences (if applicable) or certain income disallowances and deductions [VG, p. 231. IRCHSD Policy For family members claiming disability who receive disability benefits from the SSA, IRCHSD will attempt to obtain information about disability benefits through the HUD Enterprise Income Verification (EIV) system. If documentation from HUD's EIV System is not available, IRCHSD will request a current (dated within the last 60 days) SSA benefit verification letter from each family member claiming disability status. If the family is unable to provide the document(s), IRCHSD will ask the family to request a benefit verification letter by either calling SSA at 1-800-772-1213, or by requesting it from www.ssa.gov. Once the applicant or participant receives the benefit verification letter, they will be required to provide it to IRCHSD. Family Members Not Receiving SSA Disability Benefits Receipt of veteran's disability benefits, worker's compensation, or other non -SSA benefits based on the individual's claimed disability are not sufficient verification that the individual meets HUD's definition of disability in 24 CFR 5.403. pg. 127 208 Administrative Plan Indian River County Housing Services Division IRCHSD Policy For family members claiming disability who do not receive disability benefits from the SSA, a knowledgeable professional must provide third -party verification that the family member meets the HUD definition of disability. See the Eligibility chapter for the HUD definition of disability. The knowledgeable professional will verify whether the family member does or does not meet the HUD definition. 7 -II G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.5081 Overview To be eligible for assistance, individuals must be U.S. citizens or eligible immigrants. Individuals who are neither may elect not to contend their status. Eligible immigrants must fall into one of the categories specified by the regulations and must certify their status through US Department of Homeland Security, US Citizenship and Immigration Services. Each family member must declare their status once. A household cannot be admitted to the program until all members who declare to have eligible immigration status provide verification of their status. However, assistance cannot be delayed, denied, or terminated while confirmation from the Department of Homeland Security (DHS) of eligible status is pending. U.S. Citizens and Nationals HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The declaration must be signed personally by any family member 18 or older and by a guardian for minors. The PHA may request verification of the declaration by requiring presentation of a birth certificate, United States passport or other appropriate documentation. IRCHSD Policy Family members who claim U.S. citizenship or national status will not be required to provide additional documentation unless staff receives information indicating that an individual's declaration may not be accurate. Eligible Immigrants Documents Required All family members claiming eligible immigration status must declare their status in the same manner as U.S. citizens and nationals. The documentation required for eligible noncitizens varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, age, and the date on which the family began receiving HUD -funded assistance. Exhibit 7-1 at the end of this chapter summarizes documents family members must provide. PHA Verification [HCV GB, pp. 5-3 and 5-7] For family members age 62 or older who claim to be eligible immigrants, proof of age is required in the manner described in 7-II.C. of this plan. No further verification of eligible immigration status is required. For family members under the age of 62 who claim to be eligible immigrants, the PHA must verify immigration status with the United States Citizenship and Immigration Services (USCIS). The PHA will follow all USCIS protocols for verification of eligible immigration status IRCHSD Policy Non -Citizens with Eligible Immigration Status must sign a declaration of status and verification consent form and provide their original immigration documents. IRCHSD retains a copy of the document. IRCHSD verifies the status through the DHS SAVE system. If this primary verification fails to verify status, IRCHSD must request within 10 days that the DHS conduct a manual search. pg. 128 209 Administrative Plan Indian River County Housing Services Division 7 -II H. VERIFICATION OF PREFERENCE STATUS The PHA must verify any preferences claimed by an applicant that determined placement on the waiting list. IRCHSD Policy IRCHSD will verify all preference claims at the time of the eligibility determination. If the preference verification indicates that an applicant does not qualify for the preference at the time of the eligibility determination, the applicant will be returned to the waiting list without the preference but with the same sequence date, until such time as IRCHSD is able to consider second priority applicants. If IRCHSD denies a preference, it will notify the applicant in writing of the reasons for the denial and offer the applicant an opportunity for a meeting with the HCV Issuance Manager. If the preference denial is upheld as a result of the meeting, or the applicant does not request a meeting, the applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise other rights if they believe they have been discriminated against. Appeals of the HCV Issuance Manager's decision not to grant a preference may be made in writing to the HCV Deputy Director, who will make the final decision. If an applicant falsifies documents or makes false statements in order to qualify for a preference, they will be removed from the waiting list and may not reapply. IRCHSD will offer a preference to any family that has been terminated from its PHA Program due to insufficient program funding. This preference will be verified using HCV administrative termination records. IRCHSD will also offer a preference to applicants who are victims of domestic violence, dating violence, sexual assault, or stalking, as described in Section 4-III.C. Verification of this preference will follow the documentation requirements outlined in Section 16-IX.D. Part III: Verifying Income and Assets Chapter 6, Part I of this plan describes in detail the types of income that are included and excluded and how assets and income from assets are handled. Any assets and income reported by the family must be verified. This part provides IRCHSD policies that supplement the general verification procedures specified in Part I of this chapter. 7 -III A. EARNED INCOME Tips Wages IRCHSD Policy Unless tip income is included in a family member's W-2 by the employer, persons who work in industries where tips are standard may be required to complete a self -certification form to declare tip income. IRCHSD Policy For wages other than tips, the family must provide originals of the two most current, consecutive pay stubs if employment just started and six (6) to eight (8) pay stubs for longer employment, if applicable. 7 -III B. BUSINESS AND SELF EMPLOYMENT INCOME IRCHSD Policy Net Income from a Business pg. 129 210 Administrative Plan Indian River County Housing Services Division In order to calculate the income from a business, IRCHSD will require the family to complete the HCV Self Employment Certification form. If the family claims greater than 30% of gross income as business expenses, the family must submit a copy of their most recent tax return, if one has previously been filed. IRCHSD will project annual income based on the net amount the family declares unless there is a pattern of under -reporting income established through a review of 2 previous years' IRS and financial documents. Acceptable IRS and financial documents include the following, in order of preference: IRS Form 1040, including: a. Schedule C (Small Business); b. Schedule E (Rental Property Income); c. Schedule F (Farm Income); and d. If accelerated depreciation was used on the tax return or financial statement, an accountant's calculation of depreciation expense computed using straight-line depreciation rules. Audited or unaudited financial statement(s) of the business; Credit report or loan application; and Documents such as manifests, appointment books, cash books, bank statements, and receipts will be used as a guide for the prior six months (or lesser period if not in business for six months) to project income for the next 12 months. The family will be advised to maintain these documents in the future if they are not available. Child Care Business If an applicant/participant is operating a licensed day care business, income will be verified as with any other business. The family will be required to complete the HCV Self -Employment Certification form. If the family has filed a tax return, the family will be required to provide it. 7 -III C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS For policies governing streamlined income determinations for fixed sources of income, please see Chapter 11. Social Security/SSI Benefits To ensure consistency in the determination of annual Social Security and SSI income, PHAs are required to use EIV -reported Social Security and SSI benefit amounts unless the tenant disputes the EIV -reported amount [Notice PIH 2018-24] 11 1* :no Social Security/SSI Benefits To verify the SS/SSI benefits of applicants, IRCHSD will request a current (dated within the last 60 days) SSA benefit verification letter from each family member that receives social security benefits. If the family is unable to provide the document(s), IRCHSD will help the applicant request a benefit verification letter from SSA's Web site at www.ssa.gov or ask the family to request one by calling SSA at 1-800-772-1213. Once the applicant has received the benefit verification letter, they will be required to provide it to IRCHSD. To verify the SS/SSI benefits of participants, IRCHSD will obtain information about social security/SSI benefits through the HUD EIV System and confirm with the participant(s) that the current listed benefit amount is correct. If the participant disputes the EIV -reported benefit amount, or if benefit information is not available in HUD systems, IRCHSD will request a current SSA benefit verification letter from each family member that receives social security benefits. If the family is unable to provide the document(s) the PHA will help the participant request a benefit verification letter from SSA's Web site at www.ssa.gov or ask the family to request one by calling pg. 130 211 Administrative Plan Indian River County Housing Services Division SSA at 1-800-7721213. Once the participant has received the benefit verification letter, they will be required to provide it to IRCHSD. Unemployment Compensation The acceptable method of verification is a computer report electronically obtained or in hard copy from unemployment office stating payment dates and amounts. Welfare Payments or General Assistance Acceptable method of verification includes the following: • DCF Benefit Verification system only Verification before Denying a Request to Reduce Rent IRCHSD will obtain written verification from the welfare agency stating that the family's benefits have been reduced due to fraud or non-compliance with welfare agency economic self-sufficiency or work activity requirements before denying the family's request for rent reduction. IRCHSD will rely on the welfare agency's written verification regarding welfare sanctions 7 -III D. ALIMONY OR CHILD SUPPORT IRCHSD policy The methods IRCHSD will use to verify alimony and child support payments differ depending on whether the family declares that it receives regular payments. If the family declares that it receives regular payments, verification will be obtained in the following order of priority: 1. Third -party verification form from the state or local child support enforcement agency and a copy of the child support decree from the support agencies (child support office/clerk of the court) 2. Copies of the receipts and/or payment stubs for the 60 days prior to the request 3. Third -party verification (notarized) form from the person paying the support 4. Family's self -certification of amount received If the family declares that it receives irregular or no payments, in addition to the verification process listed above, the family must provide evidence that it has taken all reasonable efforts to collect amounts due. This may include: 1. A statement from any agency responsible for enforcing payment that shows the family has requested enforcement and is cooperating with all enforcement efforts 2. If the family has made independent efforts at collection, a written statement from the attorney or other collection entity that has assisted the family in these efforts Note: Families will be required to undertake independent enforcement action if applicable; if the event the father is incarcerated, independent enforcement action will not be required but will need proof of the father's incarceration. 7-111 E. ASSETS AND INCOME FROM ASSETS Assets Disposed of for Less than Fair Market Value The family must certify whether any assets have been disposed of for less than fair market value in the preceding two years. IRCHSD needs to verify only those certifications that warrant documentation [HCV GB, p. 5-281. IRCHSD Policy If total household assets are less than $50,000, then families may self -certify, and assets do pg. 131 212 Administrative Plan Indian River County Housing Services Division not need to be verified by IRCHSD; and income from those assets will not be counted in family income for rent calculation purposes. For all certifications and re -certifications, IRCHSD will obtain the family's certification as to whether any member has disposed of assets for less than fair market value during the two years preceding the effective date of the certification or recertification. If the family certifies that they have disposed of assets for less than fair market value, verification or certification is required that shows: • All assets disposed of for less than FMV; • The date they were disposed of; • The amount the family received; and • The market value of the assets at the time of disposition. Third -party verification will be obtained wherever possible. 7 -III F. NET INCOME FROM RENTAL PROPERTY IRCHSD Policy Acceptable methods of verification include, in this order: IRS Form 1040, with Schedule E (Rental Income); Copies of latest rent receipts, leases, or other documentation of rent amounts; Documentation of allowable operating expenses of the property: tax statements, insurance invoices, bills for reasonable maintenance and utilities, and bank statements or amortization schedules showing monthly interest expense; and Lessee's written statement verifying rent payments to the family and family's self -certification 7 -III G. RETIREMENT ACCOUNTS IRCHSD Policy IRCHSD will accept written third -party documents supplied by the family as evidence of the status of retirement accounts. The type of original document that will be accepted depends upon the family member's retirement status. Before retirement, IRCHSD will accept an original document from the entity holding the account with a date that shows it is the most recently scheduled statement for the account but in no case earlier than 6 months from the effective date of the examination. Upon retirement, IRCHSD will accept an original document from the entity holding the account that reflects any distributions of the account balance, any lump sums taken and any regular payments. After retirement, IRCHSD will accept an original document from the entity holding the account dated no earlier than 12 months before that reflects any distribution of the account balance, any lump sums taken and any regular payments. 7 -III H. INCOME FROM EXCLUDED SOURCES A detailed discussion of excluded income is provided in Chapter 6, Part I. HUD guidance on verification of excluded income draws a distinction between income which is fully excluded and income which is only partially excluded. pg. 132 213 Administrative Plan Indian River County Housing Services Division For fully excluded income, the PHA is not required to follow the verification hierarchy, documents on why third -party verification is not available, or report the income on the 50058. Fully excluded income is defined as income that is entirely excluded from the annual income determination (for example, food stamps, earned income of a minor, or foster care funds) [Notice PIH 2013-04]. PHAs may accept a family's signed application or reexamination form as self -certification of fully excluded income. They do not require additional documentation. However, if there is any doubt that a source of income qualifies for full exclusion, PHAs have the option of requiring additional verification. For partially excluded income, the PHA is required to follow the verification hierarchy and all applicable regulations, and to report the income on the 50058. Partially excluded income is defined as income where only a certain portion of what is reported by the family qualifies to be excluded and the remainder is included in annual income (for example, the income of an adult full-time student, or income excluded under the earned income disallowance). IRCHSD Policv IRCHSD will accept the family's self -certification as verification of fully excluded income. IRCHSD may request additional documentation if necessary to document the income source. IRCHSD will verify the source and amount of partially excluded income as described in Part 1 of this chapter. 7-111 1. ZERO ANNUAL INCOME STATUS IRCHSD Policv IRCHSD will check UIV sources and/or request information from third -party sources to verify that certain forms of income such as unemployment benefits, TANF, SS, SSI, and earnings are not being received by families claiming to have zero annual income. A Zero Income Worksheet will be provided to the family to complete. These amounts entered on the worksheet will be counted as income. 7 -III J. STUDENT FINANCIAL ASSISTANCE Any financial assistance, in excess of amounts received for tuition, that a person attending an institution of higher education receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education must be considered income unless the student is over the age of 23 with dependent children or is residing with parents who are seeking or receiving HCV assistance [24 CFR 5.609(b)(9) and FR 4/10/06]. For students over the age of 23 with dependent children or students residing with parents who are seeking or receiving HCV assistance, the full amount of student financial assistance is excluded from annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for students attending schools that do not qualify as institutions of higher education (as defined in Exhibit 32). Excluded amounts are verified only if, without verification, IRCHSD would not be able to determine whether or to what extent the income is to be excluded (see section 7-III.1-1). IRCHSD Policy For a student subject to having a portion of his/her student financial assistance included in annual income in accordance with 24 CFR 5.609(b)(9), will request written third -party verification of both the source and the amount. Family -provided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student. In addition, will request written verification of the student's tuition amount. If staff is unable to obtain third -party written verification of the requested information, they will pursue other forms of verification following the verification hierarchy in section 7-I.B. pg. 133 214 Administrative Plan Indian River County Housing Services Division 7 -III K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBILITY RESTRICTIONS If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the income of the student's parents must be considered when determining income eligibility, unless the student is determined independent from their parents or a vulnerable youth in accordance with PHA policy [24 CFR 5.612, FR Notice 4/10/06, p. 18146, and FR Notice 9/21/16]. This provision does not apply to students residing with parents who are seeking or receiving HCV assistance. It is limited to students who are seeking or receiving assistance on their own, separately from their parents. IRCHSD Policy If IRCHSD is required to determine the income eligibility of a student's parents, IRCHSD will request an income declaration and certification of income from the appropriate parent(s) (as determined in section 3 -II. E). IRCHSD will send the request directly to the parents, who will be required to certify their income under penalty of perjury. The parents will be required to submit the information directly to IRCHSD. The required information must be submitted (postmarked) within 10 business days of the date of IRCHSD's request or within any extended timeframe approved by IRCHSD. IRCHSD reserves the right to request and review supporting documentation at any time if it questions the declaration or certification. Supporting documentation may include, but is not limited to, Internal Revenue Service (IRS) tax returns, consecutive and original pay stubs, bank statements, pension benefit statements, benefit award letters, and other official and authentic documents from a federal, state, or local agency. Part IV: Verifying Mandatory Deductions 74V A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS The dependent and elderly/disabled family deductions require only that the PHA verify that the family members identified as dependents or elderly/disabled persons meet the statutory definitions. No further verifications are required. Dependent Deduction See Chapter 6 (6-II.13.) for a full discussion of this deduction. The PHA must verify that: • Any person under the age of 18 for whom the dependent deduction is claimed is not the head, spouse, or cohead of the family and is not a foster child • Any person aged 18 or older for whom the dependent deduction is claimed is not a foster adult or live-in aid, and is a person with a disability or a full-time student Elderly/Disabled Family Deduction See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 (6-II.C.) for a discussion of the deduction. The PHA must verify that the head, spouse, or cohead is 62 years of age or older or a person with disabilities. 74V B. MEDICAL EXPENSE DEDUCTION Policies related to medical expenses are found in 6-II.D. The amount of the deduction will be verified following the standard verification procedures described in Part I. Amount of Expense IRCHSD Policy Families requesting an income deduction for medical expenses will be required to submit a certification of expenses documenting the type and amount of the family's out-of-pocket portion of pg. 134 215 Administrative Plan Indian River County Housing Services Division the expense. IRCHSD will consider eligible medical expenses paid by the household during the twelve-month period prior to the Notice of Annual Review of Eligibility or application date. If the household experiences an increase or decrease in medical expenses between eligibility reviews, IRCHSD will not conduct an interim review. Items or services that have not yet been paid for, that are covered by insurance, or that someone else paid for, are not eligible. Participants may self -certify medical expenses if they total less than $5,000 per year. In all other cases, expenses may be verified by one or more of the methods listed below: • Verification of Medical Expenses form will be used and completed by the medical provider to determine any upcoming 12 -month expenses, this is the preferred form of documentation. • Written verification by a doctor, hospital or clinic personnel, dentist, pharmacist, of amounts paid by the household over the previous 12 months. • Receipts, canceled checks, and printouts for office and prescription co -pays that document the out-of-pocket medical cost incurred by the family for the 12 months previous to the annual notification or application date may be accepted to project annual medical expenses. IRCHSD may require that the family submit documentation from the healthcare provider that states it is reasonable to assume the health issue is ongoing and will require a similar course of treatment • Written confirmation by the insurance company or employer of health insurance premiums to be paid by the family; and • Written confirmation from the Social Security Administration of Medicare premiums to be paid by the family over the next 12 months. A computer print-out will be accepted. IRCHSD may also use verification from HUD's Enterprise Income Verification system. • Copies of payment agreements or most recent invoice to verify payments made on outstanding medical bills that will continue over all or part of the next 12 months; and • For any transportation -related expense claimed for a medical reason, IRCHSD will use mileage at the IRS rate for the distance between the subsidized residence and the facility for medical treatment based on provider statements of appointments/visits. For attendant care: A reliable, knowledgeable professional certification that the assistance of an attendant is necessary as a medical expense and a projection of the number of hours the care is needed for calculation purposes; Attendants' written confirmation of hours of care provided and amount and frequency of payments received from the family or agency (or copies of canceled checks the family used to make those payments) or stubs from the agency providing the services; In addition, IRCHSD must verify that: • The household is eligible for the deduction. • The costs to be deducted are qualified medical expenses. • The expenses are not paid for or reimbursed by any other source. • Costs incurred in past years are counted only once. Eligible Household The medical expense deduction is permitted only for households in which the head, spouse, or cohead is at least 62, or a person with disabilities. The PHA must verify that the family meets the definition of an elderly or disabled family provided in the Eligibility chapter and as described in Chapter 7 (7-IV.A.) of this plan. Qualified Expenses To be eligible for the medical expenses deduction, the costs must qualify as medical expenses. See Chapter 6 (6-II.D.) for the PHA's policy on what counts as a medical expense. pg. 135 216 Administrative Plan Indian River County Housing Services Division Unreimbursed Expenses To be eligible for the medical expenses' deduction, the costs must not be reimbursed by another source. IRCHSD Policy The family will be required to certify that the medical expenses are not paid or reimbursed to the family from any source. If expenses are verified through a third party, the third party must certify that the expenses are not paid or reimbursed from any other source. Expenses Incurred in Past Years IRCHSD Policy When anticipated costs are related to on-going payment of medical bills incurred in past years, IRCHSD will verify: The anticipated repayment schedule The amounts paid in the past, and Whether the amounts to be repaid have been deducted from the family's annual income in past years 74V C. DISABILITY ASSISTANCE EXPENSES Policies related to disability assistance expenses are found in 6-II.E. The amount of the deduction will be verified following the standard verification procedures described in Part I. Amount of Expense Attendant Care IRCHSD Policy IRCHSD will accept written third -party documents provided by the family. If family -provided documents are not available, IRCHSD will provide a third -party verification form directly to the care provider requesting the needed information. Expenses for attendant care will be verified through: Attendant's written certification of amount received from the family, frequency of receipt, and hours of care provided; and Certification of family and attendant and/or copies of canceled checks family used to make payments. Auxiliary Apparatus IRCHSD Policy Expenses for auxiliary apparatus will be verified through: • Receipts for purchases or proof of monthly payments and maintenance expenses for auxiliary apparatus; and • In the case where the person with disabilities is employed, a statement from the employer that the auxiliary apparatus is necessary for employment. In addition, IRCHSD will require: • Written certification from a reliable, knowledgeable professional that the person with disabilities requires the services of an attendant and/or the use of auxiliary apparatus to permit him/her to be employed or to function independently enough to enable another family member to be employed; and • Family's certification as to whether they receive reimbursement for any of the expenses pg. 136 217 Administrative Plan Indian River County Housing Services Division of disability assistance and the amount of any reimbursement received. In all cases where IRCHSD is counting disability assistance expenses as deductions for a family, IRCHSD will adhere to IRS guidelines regarding permissible and non -permissible medical expenses. Where the IRS guidelines are not sufficiently detailed, as in the case of some expenses allowable for persons with a disability, IRCHSD staff may request a ruling from IRCHSD's Legal Department as to whether the expenses are required to be considered under applicable law and may also request verification from a medical professional that the medical expenses are necessary and reasonable. Family Member is a Person with Disabilities To be eligible for the disability assistance expense deduction, the costs must be incurred for attendant care or auxiliary apparatus expense associated with a person with disabilities. IRCHSD will verify that the expense is incurred for a person with disabilities (See 7-II.F.). Family Member(s) Permitted to Work The PHA must verify that the expenses claimed actually enable a family member, or members, (including the person with disabilities) to work. IRCHSD Policy IRCHSD will request third -party verification from a rehabilitation agency or knowledgeable medical professional indicating that the person with disabilities requires attendant care or an auxiliary apparatus to be employed, or that the attendant care or auxiliary apparatus enables another family member, or members, to work (See 6-II.E.). This documentation may be provided by the family. If third -party verification has been attempted and is either unavailable or proves unsuccessful, the family must certify that the disability assistance expense frees a family member, or members (possibly including the family member receiving the assistance), to work. Unreimbursed Expenses To be eligible for the disability expenses deduction, the costs must not be reimbursed by another source. IRCHSD Policy The family will be required to certify that attendant care or auxiliary apparatus expenses are not paid by or reimbursed to the family from any source. 74V D.CHILD CARE EXPENSES Policies related to childcare expenses are found in Chapter 6 (6 -II. F). The amount of the deduction will be verified following the standard verification procedures described in Part I of this chapter. In addition, the PHA must verify that: • The child is eligible for care (12 or younger). • The costs claimed are not reimbursed. • The costs enable a family member to work, actively seek work, or further their education. • The costs are for an allowable type of childcare. • The costs are reasonable. Eligible Child To be eligible for childcare deduction, the costs must be incurred for the care of a child under the age of 13. IRCHSD will verify that the child being cared for (including foster children) is under the age of 13 (See 7-11. C.). Unreimbursed Expense To be eligible for the childcare deduction, the costs must not be reimbursed by another source. pg. 137 218 Administrative Plan Indian River County Housing Services Division IRCHSD Policy The family (and the care provider) will be required to certify that the childcare expenses are not paid or reimbursed to the family from any source. Pursuing an Eligible Activity The PHA must verify that the family member(s) that the family has identified as being enabled to seek work, pursue education, or be gainfully employed, are actually pursuing those activities. IRCHSD Policy Written verification from the person who receives the payments is required. If the child care provider is an individual, they must provide a statement of the amount they are charging the family for their services. Verifications must specify the childcare provider's name, address, telephone number, Social Security Number or business tax ID number, the names of the children cared for, the number of hours the childcare occurs, the rate of pay, and the typical yearly amount paid, including school and vacation periods. The family's certification must address whether any of those payments have been, or will be, paid or reimbursed by outside sources. If the family's childcare expenses are subsidized, IRCHSD will accept verification of the co- payment the family is responsible for as verification of childcare expenses. Allowable Type of Child Care The type of care to be provided is determined by the family, but must fall within certain guidelines, such as discussed in Chapter 6. IRCHSD Policy IRCHSD will verify that the type of childcare selected by the family is allowable, as described in Chapter 6 (6 -II. F). IRCHSD will verify that the fees paid to the childcare provider cover only childcare costs (e.g., no housekeeping services or personal services) and are paid only for the care of an eligible child (e.g., prorate costs if some of the care is provided for ineligible family members). IRCHSD will verify that the childcare provider is not an assisted family member. Verification will be made through the head of household's declaration of family members who are expected to reside in the unit. Reasonableness of Expenses Only reasonable childcare costs can be deducted. IRCHSD Policy The actual costs the family incurs will be compared with IRCHSD's established standards of reasonableness for the type of care in the locality to ensure that the costs are reasonable. If the family presents a justification for costs that exceed typical costs in the area, IRCHSD will request additional documentation, as required, to support a determination that the higher cost is appropriate. pg. 138 219 Administrative Plan Indian River County Housing services Division EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-10] • All noncitizens claiming eligible status must sign a declaration of eligible immigrant status on a form acceptable. • Except for persons 62 or older, all noncitizens must sign a verification consent form • Additional documents are required based upon theperson's status. Elderly Noncitizens • A person 62 years of age or older who claims eligible immigration status also must provide proof of age such as birth certificate, passport, or documents showing receipt of SS old -age benefits. All other Noncitizens • Noncitizens that claim eligible immigration status also must present the applicable USCIS document. Acceptable USCIS documents are listed below. • Form 1-551 Alien Registration Receipt Card (for Form 1-94 Arrival -Departure Record with no permanent resident aliens) annotation accompanied by: • Form 1-94 Arrival -Departure Record annotated • A final court decision granting asylum (but with one of the following: only if no appeal is taken); • "Admitted as a Refugee Pursuant to 0 A letter from a USCIS asylum officer Section 207" granting asylum (if application is filed on or • "Section 208" or "Asylum" after 10/1/90) or from a USCIS district director granting asylum (application filed • "Section 243(h)" or "Deportation stayed by before 10/1/90); Attorney General" A court decision granting withholding of • "Paroled Pursuant to Section 221 (d)(5) of deportation; or the USCIS"• A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1 /90). • Form 1-688 Temporary Resident Card Form 1-688B Employment Authorization Card annotated "Section 245A" or Section 210". annotated "Provision of Law 274a. 12(11)" or "Provision of Law 274a.12". • A receipt issued by the USCIS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and the applicant's entitlement to the document has been verified; or • Other acceptable evidence. If other documents are determined by the USCIS to constitute acceptable evidence of eligible immigration status, they will be announced by notice published in the Federal Register pg. 139 220 Administrative Plan Indian River County Housing services Division Chapter 8: National Standards for The Physical Inspection of Real Estate and Rent Reasonableness Determinations HUD requires that all units occupied by families receiving Housing Choice Voucher (HCV) and Project Based Voucher (PBV) assistance meet HUD's National Standards for the Physical Inspection of Real Estate (NSPIRE) regulations and standards. and permits IRCHSD to establish additional requirements The use of the term NSPIRE in this plan refers to the combination of both HUD and the PHA established requirements. However, state and local code compliance is not a part of the determination of whether a unit passes the NSPIRE standards. All units must pass an NSPIRE inspection prior to the approval of a lease (with some exceptions) and at least once every 26 months during the term of the HAP contract, and at other times as needed, to determine that the unit meets NSPIRE. HUD also requires the PHA to determine that rents for units under the program are reasonable when compared to comparable unassisted units in the market area. This chapter explains HUD and PHA requirements related to physical inspections and rent reasonableness as follows: Part I. Physical Standards. This part discusses NSPIRE standards required of units occupied by HCV and PBV -assisted families. It also identifies affirmative habitability requirements for all units and life-threatening conditions that must be corrected in 24 hours. . Part II. The Inspection Process. This part describes the types of inspections the PHA will make and the steps that will be taken when units do not meet NSPIRE standards.. Part III. Rent Reasonableness Determinations. This part discusses the policies the PHA will use to make rent reasonableness determinations. Special NSPIRE requirements for homeownership, manufactured homes, and other special housing types are discussed in Chapter 15 to the extent that they apply in this jurisdiction. Special requirements for the PBV and RAD PBV programs (if applicable) are discussed in Chapters 17 and 18, respectively. Part I: Physical Standards 8-1 A. INSPECTABLE AREAS [24 CFR 5.703(A)(1) AND 24 CFR 5.705(A)(2)] NSPIRE defines the inspectable areas for inspection under the standards as inside, outside and unit. However, the inspection requirement for the HCV and PBV programs only applies to units occupied or to be occupied by HCV or PBV participants and common areas and exterior areas which either service or are associated with such units. HUD Performance and Acceptability Standards HUD's performance and acceptability standards for HCV -assisted housing are provided in 24 CFR 5.705. These standards cover the unit, inside, and outside in the following areas: • Address and Signage • Bathtub and Shower • Cabinet and Storage • Call -for -Aid • Carbon Monoxide Alarm • Ceiling • Chimney • Clothes Dryer Exhaust Ventilation • Cooking Appliance • Door -Entry pg. 140 221 Administrative Plan Indian River County Housing services Division • Door -General • Door -Fire Labeled • Drain • Egress • Electrical -Conductor, Outlet, and Switch • Electrical-GFCI or AFCI — Outlet or Breaker • Electrical — Service Panel • Elevator • Exit Sign • Fence and Gate • Fire Escape • Fire Extinguisher • Flammable and Combustible Item • Floor • Food Preparation Area • Foundation • Garage Door • Grab Bar • Guardrail • Handrail • Heating, Ventilation, and Air Conditioning (HVAC) • Infestation • Leak — Gas or Oil • Leak — Sewage System • Leak — Water • Lighting — Auxiliary • Lighting — Exterior • Lighting — Interior • Litter • Minimum Electrical and Lighting • Mold -Like Substance • Parking Lot • Potential Lead -Based Paint Hazards — Visual Assessment • Private Roads and Driveways • Refrigerator • Retaining Wall • Roof Assembly • Sharp Edges • Sidewalk, Walkway, and Ramp • Sink • Site Drainage • Smoke Alarm • Sprinkler Assembly • Steps and Stairs • Structural System • Toilet • Trash Chute • Trip Hazard • Ventilation • Wall — Exterior • Wall — Interior • Water Heater pg. 141 222 Administrative Plan Indian River County Housing services Division Window A summary of HUD performance criteria is provided in Exhibit 8-1. Additional guidance on these requirements is found in the following HUD resources: • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • NSPIRE HCV/PBV Inspection Checklist HUD Notice 2003-31, Accessibility Notice: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 and the Fair Housing Act of 1988. Tenant Preference Items HUD requires the PHA to enforce minimum HQS but also recognizes that certain judgments about the acceptability of the unit are left to the family. For example, the PHA must ensure that the unit contains the required sanitary facilities, but the family decides whether the cosmetic appearance of the facilities is acceptable. Exhibit 8-2 summarizes those items that are considered tenant preferences. Modifications to Provide Accessibility Under the Fair Housing Act of 1988 an owner must not refuse the request of a family that contains a person with a disability to make necessary and reasonable modifications to the unit. Such modifications are at the family's expense. The owner may require restoration of the unit to its original condition if the modification would interfere with the owner or next occupant's full enjoyment of the premises. The owner may not increase the customarily required security deposit. However, the landlord may negotiate a restoration agreement that requires the family to restore the unit and, if necessary to ensure the likelihood of restoration, may require the tenant to pay a reasonable amount into an interest-bearing escrow account over a reasonable period of time. The interest in any such account accrues to the benefit of the tenant. The owner may also require reasonable assurances that the quality of the work will be acceptable and that any required building permits will be obtained. [24 CFR 100.203; Notice 2003-31]. Modifications to units to provide access for a person with a disability must meet all applicable HQS requirements and conform to the design, construction, or alteration of facilities contained in the UFAS and the ADA Accessibility Guidelines (ADAAG) [28 CFR 35.151(c) and Notice 2003-31 ] See Chapter 2 of this plan for additional information on reasonable accommodations for persons with disabilities. IRCHSD Policy Any owner that intends to negotiate a restoration agreement or require an escrow account must submit the agreement(s) to IRCHSD for review. 8-1 B. ADDITIONAL LOCAL REQUIREMENTS The PHA may impose variations to the HQS as long as the additional criteria are not likely to adversely affect the health or safety of participant families or severely restrict housing choices for families. 8-1 C. LIFE-THREATENING CONDITIONS [24 CFR 5.705; FR NOTICE 1/18/17] If a deficiency is life-threatening, the owner must correct the deficiency withing 24 hours of notification. In the case of an HQS deficiency that the PHA determines is caused by the tenant, any member of the household, or any guest or other person under the tenant's control, other than any damage resulting from ordinary use, the PHA may waive the owner's responsibility to remedy the violation. The HAP to the owner may not be withheld or abated if the owner responsibility has been waived. However, the PHA may terminate assistance to a family because of an HWS breach beyond damage resulting from ordinary use caused by any member of the household or any guest or other person under the tenant's control. The following area include deficiencies that are considered Life -Threatening Conditions under the Housing Opportunity Through Modernization Act of 2016 (HOTMA) pg. 142 223 Administrative Plan Indian River County Housing services Division • Call -for -Aid System • Carbon Monoxide Alarm • Chimney • Clothes Dryer Exhaust Ventilation • Door - Entry • Door - Fire Labeled • Egress • Electrical - Conductor, Outlet, and Switch • Electrical - Service Panel • Exit Sign • Fire Escape • Fire Extinguisher • Flammable and Combustible Items • Guardrail • Heating, Ventilation, and Air Conditions (HVAC) • Leak - Gas or Oil • Mold -like Substance • Smoke Alarm • Sprinkler Assembly • Structural System • Toilet • Water Heater IRCHSD Policy The following are considered emergency life-threatening conditions and must be corrected within 24 hours of notification by IRCHSD: • Lack of hot or cold water, heat or electricity • A condition that is imminently hazardous to life • The only toilet in the unit does not allow for full function and use • Refrigerator, range or oven, or a major plumbing fixture supplied by the landlord does not work In those cases where there is leaking gas or potential of fire or other threat to public safety, and the responsible party cannot be notified or it is impossible to make the repair, proper authorities will be notified by IRCHSD. If an owner fails to correct life-threatening conditions as required, IRCHSD will enforce the HQS in accordance with HUD requirements. See 8 -II -G. If a family fails to correct a family -caused life-threatening condition as required by the IRCHSD, the housing services division will enforce the family obligations. See 8-II.H. In severe situations where units are rendered uninhabitable, the unit may not be re -inspected prior to referral for abatement 8-1 D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.4041 Family Responsibilities The family is responsible for correcting the following HQS deficiencies: pg. 143 224 Administrative Plan Indian River County Housing services Division • Tenant -paid utilities not in service • Failure to provide or maintain appliances owned by the family • Damage to the unit or premises caused by a household member or guest beyond normal wear and tear those results in a breach of the HQS. "Normal wear and tear" is defined as items which could not be charged against the tenant's security deposit under state law or court practice. Owner Responsibilities The owner is responsible for all HQS violations not listed as a family responsibility above, even if the violation is caused by the family's living habits (e.g., vermin infestation). However, if the family's actions constitute a serious or repeated lease violation the owner may take legal action to evict the family. 8-1 E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL [24 CFR 35.1225; FR NOTICE 1/13/17; NOTICE PIH 2017-131 If a PHA is notified by a public health department or other medical health care provider, or verifies information from a source other than a public health department or medical health care provider, that a child of less than six years of age, living in an HCV -assisted unit has been identified as having an elevated blood lead level, the PHA must complete an environmental investigation of the dwelling unit within 15 calendar days after being notified by a public health department or other medical health care provider. The environmental investigation must be completed in accordance with program requirements, and the result of the environmental investigation must be immediately provided to the owner of the dwelling unit. In cases where the public health department has already completed an evaluation of the unit, this information must be provided to the owner. Within 30 days after receiving the environmental investigation report from the PHA, or the evaluation from the public health department, the owner is required to complete the reduction of identified lead-based paint hazards in accordance with the lead-based paint regulations [24 CFR 35.1325 and 35.1330]. If the owner does not complete the "hazard reduction" as required, the dwelling unit is in violation of HQS and the PHA will take action in accordance with Section 811.G. IRCHSD reporting requirements, and data collection and record keeping responsibilities related to children with an elevated blood lead level are discussed in Chapter 16. 8-1 F.VIOLATION OF HQS SPACE STANDARDS [24 CFR 5.7051 A dwelling unit must: • Provide adequate space and security for the family • Have at least one bedroom or habitable room for each two persons A unit that does not meet these HQS space standards is defined as overcrowded. No more than two persons may occupy a habitable room [HCV GB p. 10-6]. There must be two (2) working outlets present within each habitable room OR at least one (1) working outlet and one (1) permanently installed light fixture. A bathroom or kitchen are not considered habitable rooms. If the PHA determines that a unit is overcrowded because of an increase in family size or a change in family composition, the PHA must issue the family a new voucher, and the family and the PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the PHA must terminate the HAP contract in accordance with its terms. iRCHSD {13ic IRCHSD shall make a determination as to the number of rooms which are acceptable sleeping rooms, for the purpose of deciding maximum occupancy level according to HQS. The determination will be made on a case-by-case basis, based on HQS standards, the design of the structure, family composition and safety of egress. pg. 144 225 Administrative Plan Indian RivBr County Housing services Division Notice of Termination for HQS Space Standard When IRCHSD terminates the HAP Contract because of a violation of HQS occupancy standards, IRCHSD will provide the owner and family written notice of termination of the contract. The HAP contract terminates at the end of the calendar month that follows the calendar month in which IRCHSD gives such notice to the owner. 8-1 G. ACCESSORY DWELLING UNITS IRCHSD Policy This does not apply to this jurisdiction. Part II: The Inspection Process 8-11 A. OVERVIEW [24 CFR 982.4051 Types of Inspections The PHA conducts the following types of inspections as needed. Each type of inspection is discussed in the paragraphs that follow. • Initial Inspections; conducted in response to a request from the family to approve a unit for participation in the PHA Program. • Annual/Biennial Inspection: HUD requires the PHA to inspect each unit under lease at least biennially (every other year) to confirm that the unit meets HQS. The PHA reserves the right to place units on an annual or biennial inspection schedule, as deemed appropriate. • Special (Complaint) Inspections: At request of owner, family, or third -party if the PHA determines an inspection is warranted. • Quality Control Inspections: HUD requires that a sample of units be inspected by a supervisor or other qualified individual to evaluate the work of the inspector(s) and to ensure that inspections are performed in compliance with the HQS. Inspection of PHA -Owned Units [24 CFR 982.352(b)l IRCHSD Policy This does not apply to this jurisdiction. Inspection Costs [Notice PIH 2016-051 The PHA may not charge the family for unit inspections or reinspection [24 CFR 982.405(e)]. The PHA may not charge the owner for the inspection of the unit prior to the initial term of the lease or for a first inspection during assisted occupancy of the unit. However, the PHA may charge a reasonable fee to owners for reinspection in two situations: 1. When the owner notifies the PHA that a repair has been made but the deficiency has not been corrected, and, 2. When the time for repairs has elapsed and the deficiency has not been corrected. Fees may not be imposed for tenant -caused damages, for cases which the inspector could not gain access to the unit, or for new deficiencies discovered during a reinspection. The owner may not pass the cost of a reinspection fee to the family. Reinspection fees must be added to the PHA's administrative fee reserves and may only be used for activities related to the provision of tenant -based assistance. IRCHSD PoliLc Will not charge a fee for failed reinspection. Notice and Scheduling The family must allow the PHA to inspect the unit at reasonable times with reasonable notice [24 CFR 982.551(d)]. pg. 145 226 Administrative Plan Indian River County Housing services Division IRCHSD Policy Both the family and the owner will be given reasonable notice of all inspections. Except in the case of a life-threatening emergency, reasonable notice is considered to be not less than 48 hours. Inspections may be scheduled between 8:00 a.m. and 2:00 p.m. Generally, inspections will be conducted on business days only. In the case of a life-threatening emergency, IRCHSD will give as much notice as possible, given the nature of the emergency. An excess of personal items that restricts the ability to fully inspect a unit or failure to allow access to a unit may result in termination from the program. Owner and Family Inspection Attendance HUD permits the PHA to set policy regarding family and owner presence at the time of inspection [HCV GB p. 10-27]. IRCHSD Policy When a family occupies the unit at the time of inspection an adult family member or their representative must be present for the inspection. The presence of the owner or the owner's representative is encouraged but is not required. At initial inspection of a vacant unit, IRCHSD will inspect the unit in the presence of the owner or owner's representative, unless otherwise arranged with the housing provider. The presence of a family representative is permitted but is not required. 8 -II B. INITIAL HQS INSPECTION [24 CFR 982.401(A)1 Initial Inspections [FR Notice 1/18/17] The PHA may, but is not required to, approve assisted tenancy and start HAP if the unit fails HQS inspection, but only if the deficiencies identified are non -life-threatening. Further, the PHA may, but is not required to, authorize occupancy if a unit passed an alternative inspection in the last 24 months. IRCHSD Policy The unit must pass the HQS inspection on or before the effective date of the HAP contract. Will not rely on alternative inspections and will conduct an HQS inspection for each unit prior to executing a HAP contract with the owner. Timing of Initial Inspections HUD requires PHAs with fewer than 1,250 budgeted units to complete the initial inspection, determine whether the unit satisfies HQS, and notify the owner and the family of the determination within 15 days of submission of the Request for Tenancy Approval (RTA). For PHAs with 1,250 or more budgeted units, to the extent practicable such inspection and determination must be completed within 15 days. The 15 -day period is suspended for any period during which the unit is not available for inspection [982.305(b)(2) IRCHSD Policy IRCHSD will complete the initial inspection, determine whether the unit satisfies HQS, and notify the owner and the family of the determination within 15 days of submission of the RTA provided the following conditions are met: • IRCHSD has received the completed RTA • Owner verification screening is complete; and • The owner notifies IRCHSD the property is available and ready for inspection. • The unit must be vacant at the time of the initial inspection. However, exceptions may be approved on a case-by-case basis. • Swimming pools are not allowed on any single family dwelling unit. pg. 146 227 Administrative Plan Indian River County Housing services Division HQS Pre -Inspections To expedite the leasing process, PHAs may pre -inspect available units that HCV families may be interested in leasing in order to maintain a pool of eligible units. IRCHSD Policy To expedite the leasing process, IRCHSD may pre -inspect available units that HCV families may be interested in leasing to maintain a pool of eligible units. If an HCV family selects a unit that passed a HQS pre -inspection (without intervening occupancy) within 90 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. Inspection Results and Reinspection Utilities IRCHSD Policy If any HQS violations are identified, the owner will be notified of the deficiencies and be given a time frame to correct them. If requested by the owner, the time frame for correcting the deficiencies may be extended for good cause. IRCHSD will reinspect the unit within 5 business days of the date the owner notifies the PHA that the required corrections have been made. If applicable, the PHA may accept an owner's certification that required repairs were made and then verify that action at the next on-site inspection. Further, housing inspector may tie the verification process to the severity of corrections to be made and/or its experience with the owner and property. In either scenario, a deficiency form will be completed by the owner certifying that the repairs have been completed. If the time period for correcting the deficiencies (or any approved extension) has elapsed, or the unit fails HQS at the time of the reinspection, PHA will notify the owner and the family that the unit has been rejected and that the family must search for another unit. Housing Inspector may agree to conduct a second reinspection, for good cause, at the request of the family and owner. Following a failed reinspection, the family may submit a new Request for Tenancy Approval after the owner has made repairs, if they are unable to locate another suitable unit. IRCHSD Policy If utility service is not available for testing at the time of the initial inspection, it will allow the utilities to be placed in service after the unit has met all other HQS requirements. Will reinspect the unit to confirm that utilities are operational before the HAP contract is executed. Appliances [Form HUD -52580] IRCHSD P lic If thefamilyis responsible for supplying the stove and/or refrigerator, IRCHSD will allow the stove and refrigerator to be placed in the unit after the unit has met all other HQS requirements. The required appliances must be in place before the HAP contract is executed by IRCHSD. IRCHSD will execute the HAP contract based upon a certification from the family that the appliances have been installed and are working. A confirmatory inspection will be scheduled within 10 days of HAP contract approval. 8 -II C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405 AND 982.406; NOTICE PIH 2016-051 IRCHSD Policy IRCHSD conducts an inspection to determine continuing compliance with Housing Quality Standards within 12 months of the last inspection. pg. 147 228 Administrative Plan Indian River County Housing services Division IRCHSD reserves the right to place units on a bi-annual inspection or another alternative schedule if deemed appropriate. Scheduling the Inspection The family must allow IRCHSD to inspect the unit at reasonable times with reasonable notice. Reasonable hours to conduct an inspection are between 8 a.m. and 2:00 p.m. If an adult family member is unable to be present the family may have a representative over age 18 present for an inspection. If the family misses the first scheduled appointment without requesting a new inspection date, IRCHSD will automatically schedule a second inspection. If the family misses two scheduled inspections without IRCHSD approval, IRCHSD will consider the family to have violated its obligation to make the unit available for inspection. This may result in termination of the family's assistance in accordance with Chapter 12. 8-11 D. SPECIAL INSPECTIONS [24 CFR 982.405(G)1 If a participant or government official reports a life-threatening condition which the owner would be required to repair within 24 hours, the PHA must inspect the unit within 24 hours of notification. If the reported condition is not life-threatening, the PHA must inspect the unit within 15 days of notification. IRCHSD Policy Reports must be made to IRCHSD in writing. IRCHSD will only conduct an inspection for items that fall under HQS. IRCHSD will inspect only the items which were reported, but if the inspector notices additional deficiencies that would cause the unit to fail HQS, the owner will be required to make the necessary repairs. If the annual inspection date is within 90 days of a special inspection, and as long as all items are inspected that are included in an annual inspection, the special inspection will be categorized as annual, and all annual procedures will be followed. 8-11 E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(B); HCV GB, P. 10321 IRCHSD Policy IRCHSD conducts quality control inspections on a sample of units under contract to maintain IRCHSD's required standards and to ensure consistency in enforcing HQS standards. The purpose of quality control inspections is to ascertain that each inspector is conducting accurate and complete inspections, and to ensure that there is consistency among inspectors in application of the HQS. The unit sample must include only units that have been inspected within the preceding 3 months. The selected sample will include (1) each type of inspection (initial, annual, and special), (2) inspections completed by each inspector, and (3) units from a cross-section of neighborhoods. 8 -II F. INSPECTION RESULTS AND REINSPECTION FOR UNITS UNDER HAP CONTRACT Notification of Corrective Actions The owner and the family will be notified in writing of the results of failed inspections. When an inspection identifies HQS failures, the PHA will determine (1) whether or not the failure is a life-threatening condition and (2) whether the family or owner is responsible. pg. 148 229 Administrative Plan Indian River County Housing services Division IRCHSD Policy The notice of inspection results will inform the owner that if life-threatening conditions are not corrected within 24 hours and non -life-threatening conditions are not corrected within the specified time frame the owner's HAP will be abated in accordance with PHA policy (see 811.G.). Likewise, in the case of family caused deficiencies the notice will inform the family that if corrections are not made within the specified time frame the family's assistance will be terminated in accordance with PHA policy (see Chapter 12). Extensions For conditions that are life-threatening, the PHA cannot grant an extension to the 24 corrective action period. For conditions that are not life-threatening, the PHA may grant an exception to the required time frames for correcting the violation, if the PHA determines that an extension is appropriate [24 CFR 982.404]. IRCHSD Policy The request for an extension must be made in writing, and the length of the extension will be determined on a case-by-case basis. Extensions will be granted in cases where the PHA has determined that the owner has made a good faith effort to correct the deficiencies and is unable to for reasons beyond the owner's control. Reasons may include, but are not limited to: A repair cannot be completed because required parts or services are not available. A repair cannot be completed because of weather conditions. A reasonable accommodation is needed because the family includes a person with disabilities. The length of the extension will be determined on a case-by-case basis, but will not exceed 60 days, except in the case of delays caused by weather conditions. The first 30 -day extension may be approved by the inspector. The other 30 days must receive management approval. In the case of weather conditions, extensions may be continued until the weather has improved sufficiently to make repairs possible. The necessary repairs must be made within 15 calendar days, once the weather conditions have subsided. Reinspections IRCHSD Policy IRCHSD will conduct a reinspection immediately following the end of the corrective period, or any IRCHSD approved extension. The family and owner will be given reasonable notice of the reinspection appointment. If the deficiencies have not been corrected by the time of the reinspection, IRCHSD will send a notice of abatement to the owner, or in the case of family caused violations, a notice of termination to the family, in accordance with IRCHSD policies. If IRCHSD is unable to gain entry to the unit in order to conduct the scheduled reinspection, IRCHSD will consider the family to have violated its obligation to make the unit available for inspection. This may result in termination of the family's assistance in accordance with Chapter 12. 8 -II G. ENFORCING OWNER COMPLIANCE If the owner fails to maintain the dwelling unit in accordance with HQS, the PHA must take prompt and vigorous action to enforce the owner obligations. pg. 149 230 Administrative Plan Indian River County Housing services Division HAP Abatement If an owner fails to correct HQS deficiencies by the time specified by the PHA, HUD requires the PHA to abate housing assistance payments no later than the first of the month following the specified correction period (including any approved extension) [24 CFR 985.3(f)]. No retroactive payments will be made to the owner for the period of time the rent was abated. Owner rents are not abated as a result of HQS failures that are the family's responsibility. IRCHSD Policy If IRCHSD determines that a unit fails to meet HQS and the owner has failed to make the necessary repairs within the time period specified by IRCHSD, payments to the owner will abate (stop). IRCHSD will make no retroactive payments to the owner for the period of time the rent was abated. Owner rents are not abated as a result of HQS failures that are the family's responsibility. PHA will inspect abated units within 5 business days of the owner's notification that the work has been completed. Payment will resume effective on the day the unit passes inspection. During any abatement period the family continues to be responsible for its share of the rent. The owner must not seek payment from the family for abated amounts and may not use the abatement as cause for eviction. HAP Contract Termination The PHA must decide how long any abatement period will continue before the HAP contract will be terminated. IRCHSD should not terminate the contract until the family finds another unit, provided the family does so in a reasonable time [HCV GB p. 10-29] and must give the owner reasonable notice of the termination. IRCHSD will issue a voucher to permit the family to move to another unit as described in Chapter 10. IRCHSD Policy The maximum length of time that HAP may be abated is 90 days. However, if the owner completes corrections and notifies the IRCHSD before the termination date of the HAP contract, they may rescind the termination notice if (1) the family still resides in the unit and wishes to remain in the unit and (2) the unit passes inspection. Reasonable notice of HAP contract termination is 30 days. 8 -II H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(B)1 Families are responsible for correcting any HQS violations listed in paragraph 8.I.D. If the family fails to correct a violation within the period allowed by the PHA (and any extensions), the PHA will terminate the family's assistance, according to the policies described in Chapter 12. If the owner carries out a repair for which the family is responsible under the lease, the owner may bill the family for the cost of the repair. Part III: Rent Reasonableness (24 CFR 982.507] 8 -III A. OVERVIEW HUD regulations define a reasonable rent as one that does not exceed the rent charged for comparable, unassisted units in the same market area. HUD also requires that owners not charge more for assisted units than for comparable units on the premises. This part explains the method used to determine whether a unit's rent is reasonable IRCHSD Policy IRCHSD will determine rent reasonableness in accordance with 24 CFR 982.507. It is IRCHSD 's responsibility to ensure that the rents charged by owners are reasonable based upon unassisted comparable units in the rental market, using the criteria specified in 24 CFR 982.507(b). pg. 150 231 Administrative Plan Indian River County Housing services Division IRCHSD may eliminate Rent Reasonable determinations for units that are rent -restricted or limited through affordability agreements or similar arrangements. In addition, IRCHSD may choose to reduce or streamline the requirements for Rent Reasonable determinations for units that are subject to affordability agreements or similar arrangements. 8 -III B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED Owner -Initiated Rent Determinations The PHA must make a rent reasonableness determination at initial occupancy and whenever the owner requests a rent adjustment. The owner and family first negotiate the rent for a unit. The PHA will assist the family with the negotiations upon request. At initial occupancy the PHA must determine whether the proposed rent is reasonable before a HAP Contract is signed. The owner must not change the rent during the initial lease term. Subsequent requests for rent adjustments must be consistent with the lease between the owner and the family. Rent increases will not be approved unless any failed items identified by the most recent HQS inspection have been corrected. IRCHSD Policy After the initial occupancy period, the owner may request a rent adjustment in accordance with the owner's lease. For rent increase requests after initial lease -up, IRCHSD may request owners to provide information about the rents charged for other units on the premises, if the premises include more than 4 units. In evaluating the proposed rents in comparison to other units on the premises IRCHSD will consider unit size and length of tenancy in the other units. IRCHSD will acknowledge receipt of the requested increase within 10 days and determine whether the requested increase is reasonable. The owner will be notified of the determination in writing. All rent adjustments will be effective at the first of the month following 60 days after IRCHSD's receipt of the owner's request or on the date specified by the owner, whichever is later. PHA- and HUD -Initiated Rent Reasonableness Determinations HUD requires the PHA to make a determination of rent reasonableness (even if the owner has not requested a change) if there is a 10 percent decrease in the fair market rent that goes into effect at least 60 days before the contract anniversary date. HUD also may direct the PHA to make a determination at any other time. The PHA may decide that a new determination of rent reasonableness is needed at any time. IRCHSD Policy In addition to the instances described above, IRCHSD will make a determination of rent reasonableness at any time after the initial occupancy period if: (1) IRCHSD determines that the initial rent reasonableness determination was in error or (2) IRCHSD determines that the information provided by the owner about the unit or other units on the same premises was incorrect. LIHTC- and HOME -Assisted Units 1`24 CFR 982.507(c)1 For units receiving low-income housing tax credits (LIHTCs) or units assisted under HUD's HOME Investment Partnerships (HOME) Program, a rent comparison with unassisted units is not required if the voucher rent does not exceed the rent for other LIHTC- or HOME -assisted units in the project that are not occupied by families with tenant -based assistance. For LIHTCs, if the rent requested by the owner does exceed the LIHTC rents for non -voucher families, the PHA must perform a rent comparability study in accordance with program regulations. In such cases, the rent shall not exceed the lesser of: (1) the reasonable rent as determined from the rent comparability study; or (2) the payment standard established by the PHA for the unit size involved. pg. 151 232 Administrative Plan Indian River County Housing services Division 8 -III C. HOW COMPARABILITY IS ESTABLISHED Factors to Consider HUD requires PHAs to take into consideration the factors listed below when determining rent comparability. The PHA may use these factors to make upward or downward adjustments to the rents of comparison units when the units are not identical to the HCV -assisted unit. • Location and age • Unit size including the number of rooms and square footage of rooms • The type of unit including construction type (e.g., single family, duplex, garden, low-rise, high-rise) • The quality of the units including the quality of the original construction, maintenance and improvements made • Amenities, services, and utilities included in the rent Units that Must Not Be Used as Comparable Comparable units must represent unrestricted market rents. Therefore, units that receive some form of federal, state, or local assistance that imposes rent restrictions cannot be considered comparable units These include units assisted by HUD through any of the following programs: Section 8 project -based assistance, Section 236 and Section 221(d)(3) Below Market Interest Rate (BMIR) projects, HOME or Community Development Block Grant (CDBG) program -assisted units in which the rents are subsidized; units subsidized through federal, state, or local tax credits; units subsidized by the Department of Agriculture rural housing programs, and units that are rent -controlled by local ordinance. Note: Notice PIH 2011-46, issued August 17, 2011, provides further guidance on the issue of what constitutes an assisted unit. Rents Charged for Other Units on the Premises The Request for Tenancy Approval (HUD -52517) requires owners to provide information, on the form itself, about the rent charged for other unassisted comparable units on the premises if the premises include more than 4 units. By accepting the PHA payment each month the owner certifies that the rent is not more than the rent charged for comparable unassisted units on the premises. If asked to do so, the owner must give the PHA information regarding rents charged for other units on the premises. 8 -III D. IRCHSD RENT REASONABLENESS METHODOLOGY How Market Data Is Collected IRCHSD Policy IRCHSD will collect and maintain data on market rents in IRCHSD 's jurisdiction. Information sources include newspapers, realtors, market surveys, inquiries of owners and other available sources. The data will be maintained by bedroom size and market areas. Market areas may be defined by zip codes, census tract, neighborhood, and identifiable natural or man-made boundaries. The data will be updated on an ongoing basis and rent information that is more than 12 months old will be eliminated from the database. How Rents Are Determined IRCHSD Policy The rent for a unit offered for HCV assistance will be compared to the rent charged for comparable units in the same market area. IRCHSD will develop a range of prices for comparable units by bedroom size within defined market areas. Units proposed for HCV assistance will be compared to the units within this rent range. Because units may be similar, but not exactly like the pg. 152 233 Administrative Plan Indian River County Housing services Division unit proposed for HCV assistance, IRCHSD may make adjustments to the range of prices to account for these differences. The adjustment must reflect the local market. Not all differences in units require adjustments (e.g., the presence or absence of a garbage disposal may not affect the rent in some market areas). Adjustments may vary by unit type (e.g., a second bathroom may be more valuable in a three- bedroom unit than in a two-bedroom). The adjustment must reflect the rental value of the difference—not its construction costs (e.g., it might cost $20,000 to put on a new roof, but the new roof might not make any difference in what a tenant would be willing to pay because rental units are presumed to have functioning roofs). When a comparable project offers rent concessions (e.g., first month rent-free, or reduced rent) reported monthly rents will be adjusted accordingly. For example, if a comparable project reports rents of $500/month but new tenants receive the first month's rent free, the actual rent for the unit would be calculated as follows: $500 x 11 months = 5500/12 months = actual monthly rent of $488. IRCHSD will notify the owner of the rent IRCHSD can approve based upon its analysis of rents for comparable units. The owner may submit information about other comparable units in the market area. IRCHSD will confirm the accuracy of the information provided and consider this additional information when making rent determinations. The owner must submit any additional information within 5 business days of the IRCHSD's request for information or the owner's request to submit information. pg. 153 234 Administrative Plan Indian River County Housing services Division EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS Note: This document provides an overview of HQS. For more detailed information see the following documents: • 24 CFR 982.401, Housing Quality Standards (HQS) • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • HUD Inspection Form, form HUD -52580 (3/01) and Inspection Checklist, form HUD -52580- A (9/00) Sanitary Facilities The dwelling unit must include sanitary facilities within the unit. The sanitary facilities must be usable in privacy and must be in proper operating condition and adequate for personal cleanliness and disposal of human waste. Food Preparation and Refuse Disposal The dwelling unit must have space and equipment suitable for the family to store, prepare, and serve food in a sanitary manner. Space and Security The dwelling unit must provide adequate space and security for the family. This includes having at least one bedroom or habitable room for each two persons. Thermal Environment The unit must have a safe system for heating the dwelling unit. Air conditioning is not required but if provided must be in proper operating condition. The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene. Portable electric room heaters or kitchen stoves with built-in heating units are not acceptable as a primary source of heat for units located in climatic areas where permanent heat systems are required. Illumination and Electricity Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appliances. Minimum standards are set for different types of rooms. Once the minimum standards are met, the number, type and location of electrical sources are a matter of tenant preference. Structure and Materials The dwelling unit must be structurally sound. Handrails are required when four or more steps (risers) are present, and protective railings are required when porches, balconies, and stoops are thirty inches or more off the ground. The elevator servicing the unit must be working [if there is one]. Manufactured homes must have proper tie -down devices capable of surviving wind loads common to the area. Interior Air Quality The dwelling unit must be free of air pollutant levels that threaten the occupants' health. There must be adequate air circulation in the dwelling unit. Bathroom areas must have one openable window or other adequate ventilation. Any sleeping room must have at least one window. If a window was designed to be opened, it must be in proper working order. pg. 154 235 Administrative Plan Indian River County Housing services Division Water Supply The dwelling unit must be served by an approved public or private water supply that is sanitary and free from contamination. Plumbing fixtures and pipes must be free of leaks and threats to health and safety. Lead -Based Paint Lead-based paint requirements apply to dwelling units built prior to 1978 that are occupied or can be occupied by families with children under six years of age, excluding zero -bedroom dwellings. Owners must: • Disclose known lead-based paint hazards to prospective tenants before the lease is signed, • Provide all prospective families with "Protect Your Family from Lead in Your Home", • Stabilize deteriorated painted surfaces and conduct hazard reduction activities within 30 days when identified by the PHA • Notify tenants each time such an activity is performed • Conduct all work in accordance with HUD safe practices • As part of ongoing maintenance ask each family to report deteriorated paint • Maintain covered housing without deteriorated paint if there is child under six in the family For units occupied by elevated blood lead level (lead poisoned) children under six years of age, an environmental investigation must be conducted (paid for by the PHA). If lead hazards are identified during the environmental investigation, the owner must complete hazard reduction activities within 30 days. See HCV GB p. 10-15 for a detailed description of these requirements. For additional information on lead- based paint requirements see 24 CFR 35, Subparts A, B, M, and R. Access Use and maintenance of the unit must be possible without unauthorized use of other private properties. The building must provide an alternate means of exit in case of fire. Site and Neighborhood The site and neighborhood must be reasonably free from disturbing noises and reverberations, excessive trash or vermin, or other dangers to the health, safety, and general welfare of the occupants. Sanitary Condition The dwelling unit and its equipment must be in sanitary condition and free of vermin and rodent infestation. The unit must have adequate barriers to prevent infestation. Smoke Detectors Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If the dwelling unit is occupied by any person with a hearing impairment, smoke detectors must have an appropriate alarm system as specified in NFPA 74 (or successor standards). Hazards and Heath/Safety The unit, interior and exterior common areas accessible to the family, the site, and the surrounding neighborhood must be free of hazards to the family's health and safety. pg. 155 236 Administrative Plan Indian River County Housing services Division EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY Note: This document provides an overview of unit and site characteristics and conditions for which the family determines acceptability. For more detailed information see the following documents: • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • HUD Inspection Form, form HUD -52580 (3/01) and Inspection Checklist, form HUD -52580- A (9/00) Provided the minimum housing quality standards have been met, HUD permits the family to determine whether the unit is acceptable with regard to the following characteristics. • Sanitary Facilities. The family may determine the adequacy of the cosmetic condition and quality of the sanitary facilities, including the size of the lavatory, tub, or shower; the location of the sanitary facilities within the unit; and the adequacy of the water heater. • Food Preparation and Refuse Disposal. The family selects size and type of equipment it finds acceptable. When the family is responsible for supplying cooking appliances, the family may choose to use a microwave oven in place of a conventional oven, stove, or range. When the owner is responsible for providing cooking appliances, the owner may offer a microwave oven in place of an oven, stove, or range only if other subsidized and unsubsidized units on the premises are furnished with microwave ovens only. The adequacy of the amount and type of storage space, the cosmetic conditions of all equipment, and the size and location of the kitchen are all determined by the family. • Space and Security. The family may determine the adequacy of room sizes and room locations. The family is also responsible for deciding the acceptability of the type of door and window locks. • Energy conservation items. The family may determine whether the amount of insulation, presence of absence of storm doors and windows and other energy conservation items are acceptable. • Illumination and Electricity. The family may determine whether the location and the number of outlets and fixtures (over and above those required to meet HQS standards) are acceptable or if the amount of electrical service is adequate for the use of appliances, computers, or stereo equipment. • Structure and Materials. Families may determine whether minor defects, such as lack of paint, or worn flooring or carpeting will affect the livability of the unit. • Indoor Air. Families may determine whether window and door screens, filters, fans, or other devices for proper ventilation are adequate to meet the family's needs. However, if screens are present they must be in good condition. • Sanitary Conditions. The family determines whether the sanitary conditions in the unit, including minor infestations, are acceptable. • Neighborhood conditions. Families may determine whether neighborhood conditions such as the presence of drug activity, commercial enterprises, and convenience to shopping will affect the livability of the unit. • Families have no discretion with respect to lead-based paint standards and smoke detectors. pg. 156 237 Administrative Plan Indian River County Housing services Division Chapter 9: General Leasing Policies Chapter 9 covers the lease -up process from the family's submission of a Request for Tenancy Approval to execution of the HAP contract. In order for the PHA to assist a family in a particular dwelling unit, or execute a Housing Assistance Payments (HAP) contract with the owner of a dwelling unit, the PHA must determine that all the following program requirements are met: • The unit itself must qualify as an eligible unit [24 CFR 982.305(a)] • The unit must be inspected by the PHA and meet the National Standards for the Physical Inspection of Real Estate (NSPIRE) [24 CFR 982.305(a)] • The lease offered by the owner must be approvable and must include the required Tenancy Addendum [24 CFR 982.305(a)] • The rent to be charged by the owner for the unit must be reasonable [24 CFR 982.305(a)] • The owner must be an eligible owner, approvable by the PHA, with no conflicts of interest [24 CFR 982.306] • For families initially leasing a unit only: Where the gross rent of the unit exceeds the applicable payment standard for the family, the share of rent to be paid by the family cannot exceed 40 percent of the family's monthly adjusted income [24 CFR 982.305(a)]. 9-1 A. TENANT SCREENING The PHA has no liability or responsibility to the owner or other persons for the family's behavior or suitability for tenancy [24 CFR 982.307(a)(1)]. The PHA may elect to screen applicants for family behavior or suitability for tenancy. See Chapter 3 for a discussion of IRCHSD's policies with regard to screening applicant families for program eligibility [24 CFR 982.307(a)(1)]. The owner is responsible for screening and selection of the family to occupy the owner's unit. At or before PHA approval of the tenancy, the PHA must inform the owner that screening and selection for tenancy is the responsibility of the owner [24 CFR 982.307(a)(2)]. The PHA must also inform the owner or manager or their rights and obligations under the Violence against Women Act of 2013 (VAWA) [24 CFR 5.2005(a)(2)]. The PHA must provide the owner with the family's current and prior address (as shown in the PHA records) and the name and address (if known to the PHA) of the landlord at the family's current and prior address [24 CFR 982.307(b)(1)]. The PHA is permitted, but not required, to offer the owner other information in the PHA's possession about the tenancy history or drug trafficking of family members [24 CFR 982.307(b)(2)]. The PHA's policy on providing information to the owner must be included in the family's briefing packet [24 CFR 982.307(b)(3)]. The PHA may not disclose to the owner any confidential information provided by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(b)(4)]. IRCHSD Policy IRCHSD will not screen applicants for family behavior or suitability for tenancy. IRCHSD will not provide additional screening information to the owner. pg. 157 238 Administrative Plan Indian River County Housing Services Division 9-1 B. REQUESTING TENANCY APPROVAL [FORM HUD -525171 After the family is issued a voucher, the family must locate an eligible unit, with an owner or landlord willing to participate in the voucher program. Once a family finds a suitable unit and the owner is willing to lease the unit under the program, the owner and the family must request the PHA to approve the assisted tenancy in the selected unit. The owner and the family must submit two documents to the PHA: • Completed Request for Tenancy Approval (RTA) —Form HUD -52517 • Copy of the proposed lease, including the HUD -prescribed Tenancy Addendum — Form HUD - 52641 -A The RTA contains important information about the rental unit selected by the family, including the unit address, number of bedrooms, structure type, year constructed, utilities included in the rent, and the requested beginning date of the lease, necessary for the PHA to determine whether to approve the assisted tenancy in this unit. Owners must certify to the most recent amount of rent charged for the unit and provide an explanation for any difference between the prior rent and the proposed rent. Owners must certify that they are not the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has granted a request for reasonable accommodation for a person with disabilities who is a member of the tenant household. For units constructed prior to 1978, owners must either 1) certify that the unit, common areas, and exterior have been found to be free of lead-based paint by a certified inspector; or 2) attach a lead-based paint disclosure statement. Both the RTA and the proposed lease must be submitted no later than the expiration date stated on the voucher. [HCV GB p.8-15]. IRCHSD Policy The RTA may be submitted on behalf of a family by the proposed landlord during the term of the voucher. The RTA must be signed by both the owner and voucher holder. IRCHSD will not permit the family to submit more than one RTA at a time. IRCHSD will review the RTA for completeness. If the RTA is incomplete (including lack of signature by family, owner, or both), or if the dwelling lease is not submitted with the RTA, IRCHSD will notify the family and the owner of the deficiencies. When the family submits the RTA and proposed lease, IRCHSD will also review the terms of the RTA for consistency with the terms of the proposed lease. If the terms of the RTA are not consistent with the terms of the proposed lease, IRCHSD will notify the family and the owner of the discrepancies. 9-1 C. OWNER PARTICIPATION The PHA does not formally approve an owner to participate in the PHA Program. However, there are a number of criteria where the PHA may deny approval of an assisted tenancy based on past owner behavior, conflict of interest, or other owner -related issues. There are also criteria for which the PHA must disapprove of an owner. No owner has a right to participate in the PHA Program [24 CFR 982.306(e)]. See Chapter 13 for a full discussion of owner qualifications to participate in the PHA Program. pg. 158 239 Administrative Plan Indian River County Housing Services Division 9-1 D. ELIGIBLE UNITS There are a number of criteria that a dwelling unit must meet in order to be eligible for assistance under the voucher program. Generally, a voucher -holder family may choose any available rental dwelling unit on the market in the PHA's jurisdiction. This includes the dwelling unit they are currently occupying. Ineligible Units [24 CFR 982.352(a)1 The PHA may not assist a unit under the voucher program if the unit is a public housing or Indian housing unit; a unit receiving project -based assistance under section 8 of the 1937 Act (42 U.S.C. 14370; nursing homes, board and care homes, or facilities providing continual psychiatric, medical, or nursing services; college or other school dormitories; units on the grounds of penal, reformatory, medical, mental, and similar public or private institutions; a unit occupied by its owner or by a person with any interest in the unit. PHA -Owned Units [24 CFR 982.352(b)1 Otherwise, eligible units that are owned or substantially controlled by the PHA may also be leased in the voucher program. In order for a PHA -owned unit to be leased under the voucher program, the unit must not be ineligible housing and the PHA must inform the family, both orally and in writing, that the family has the right to select any eligible unit available for lease and that the family is free to select a PHA -owned unit without any pressure or steering by the PHA. IRCHSD Policy IRCHSD does not own any subsidized housing units. Special Housing Types 1`24 CFR 982 Subpart Ml HUD regulations permit, but do not generally require, the PHA to permit families to use voucher assistance in a number of special housing types in accordance with the specific requirements applicable to those programs. These special housing types include single room occupancy (SRO) housing, congregate housing, group home, shared housing, manufactured home space (where the family owns the manufactured home and leases only the space), cooperative housing and homeownership option. See Chapter 15 for specific information and policies on any of these housing types that the PHA has chosen to allow. The regulations do require the PHA to permit use of any special housing type if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. Duplicative Assistance [24 CFR 982.352(c)] A family may not receive the benefit of HCV tenant -based assistance while receiving the benefit of any of the following forms of other housing subsidy, for the same unit or for a different unit: • Public or Indian housing assistance • Other Section 8 assistance (including other tenant -based assistance) • Assistance under former Section 23 of the United States Housing Act of 1937 (before amendment by the Housing and Community Development Act of 1974) • Section 101 rent supplements • Section 236 rental assistance payments • Tenant -based assistance under the HOME Program • Rental assistance payments under Section 521 of the Housing Act of 1949 (a program of the Rural Development Administration) • Any local or State rent subsidy • Section 202 supportive housing for the elderly • Section 811 supportive housing for persons with disabilities; (11) Section 202 projects for non -elderly persons with disabilities (Section 162 assistance), or • Any other duplicative federal, State, or local housing subsidy, as determined by HUD. For this purpose, 'housing subsidy' does not include the housing component of a welfare payment, a social security payment received by the family, or a rent reduction because of a tax credit. pg. 159 240 Administrative Plan Indian River County Housing Services Division NSPIRE Standards [Notice PIH 2023-28]] In order to be eligible, the dwelling unit must be in safe and habitable. This determination is made using National Standards for the Physical Inspection of Real Estate (NSPIRE) and/or equivalent state or local standards approved by HUD. See Chapter 8 for a full discussion of the NSPIRE standards, as well as the process for inspection at initial lease -up. Unit Size In order to be eligible, the dwelling unit must be appropriate for the number of persons in the household. A family must be allowed to lease an otherwise acceptable dwelling unit with fewer bedrooms than the number of bedrooms stated on the voucher issued to the family, provided the unit meets the applicable space requirements [5.703(d)(5)]. The family must be allowed to lease an otherwise acceptable dwelling unit with more bedrooms than the number of bedrooms stated on the voucher issued to the family. See Chapter 5 for a full discussion of subsidy standards. Rent Reasonableness 1`24 CFR 982.305 and 24 CFR 982.5071 In order to be eligible, the dwelling unit must have a reasonable rent. The rent must be reasonable in relation to comparable unassisted units in the area and must not be in excess of rents charged by the owner for comparable, unassisted units on the premises. See Chapter 8 for a full discussion of rent reasonableness and the rent reasonableness determination process. Rent Burden [24 CFR 982.5081 Where a family is initially leasing a unit and the gross rent of the unit exceeds the applicable payment standard for the family, the family share cannot exceed 40 percent of the family's adjusted monthly income. The term "family share" refers to the amount the family pays toward rent and utilities. The gross rent for the unit minus the total housing assistance payment (HAP) for the unit equals the family share. See Chapter 6 for a discussion of calculation of gross rent, the use of payment standards, and calculation of family income, family share of rent and HAP. 9-1 E. LEASE AND TENANCY ADDENDUM The family and the owner must execute a written dwelling lease agreement for the assisted unit. This written lease is a contract between the tenant family and the owner; the PHA is not a party to this contract. The tenant must have legal capacity to enter a lease under State and local law. 'Legal capacity' means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner [24 CFR 982.308(a)] Lease Form and Tenancy Addendum [24 CFR 982.3081 If the owner uses a standard lease form for rental to unassisted tenants in the locality or the premises, the lease must be in such standard form. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease. The HAP contract prescribed by HUD contains the owner's certification that if the owner uses a standard lease form for rental to unassisted tenants, the lease for the assisted tenants is in such standard form. All provisions in the HUD -required Tenancy Addendum must be added word-for-word to the owner's standard lease form. The Tenancy Addendum includes the HUD requirements for the tenancy. Because it is a part of the lease, the tenant shall have the right to enforce the Tenancy Addendum against the owner. If there is a conflict between the owner's lease and the Tenancy Addendum, the terms of the Tenancy Addendum shall prevail over any other provisions of the lease. �RCHSD Polley IRCHSD does not provide a model or standard dwelling lease for owners to use in the HCV program. Lease Information [24 CFR 982.308(d) pg. 160 241 Administrative Plan Indian River County Housing Services Division The assisted dwelling lease must contain all of the required information as listed below: • The names of the owner and the tenant: • The unit rented (address, apartment number, and any other information needed to identify the contract unit) • The term of the lease (initial term and any provisions for renewal) • The amount of the monthly rent to owner • A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family Term of Assisted Tenancy The initial term of the assisted dwelling lease must be for at least one year [24 CFR 982.3091. The initial lease term is also stated in the HAP contract. The HUD program regulations permit the PHA to approve a shorter initial lease term if certain conditions are met. IRCHSD Policy IRCHSD will not approve an initial lease term of less than one (1) year unless it is a VASH Voucher. During the initial term of the lease, the owner may not raise the rent to owner [24 CFR 982.309]. Any provisions for renewal of the dwelling lease will be stated in the dwelling lease [HCV Guidebook, pg. 8-22]. There are no HUD requirements regarding any renewal extension terms, except that they must be stated in the dwelling lease if they exist. IRCHSD may execute the HAP contract even if there is less than one year remaining from the beginning of the initial lease term to the end of the last expiring funding increment under the consolidated ACC. [24 CFR 982.309(b)]. Security Deposit [24 CFR 982.313 (a) and (b)) The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. However, if the PHA chooses to do so, language to this effect must be added to Part A of the HAP contract [Form HUD -526411. IRCHSD Policy IRCHSD will allow the owner to collect any security deposit amount the owner determines is appropriate. Therefore, no modifications to the HAP contract will be necessary. Separate Non -Lease Agreements between Owner and Tenant Owners may not demand or accept any rent payment from the family in excess of the rent to the owner as approved by the PHA minus the PHA's housing assistance payments to the owner [24 CFR 982.451(b)(4)]. The owner may not charge the tenant extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises [24 CFR 982.510(c)]. IRCHSD permits owners and families to execute separate, non -lease agreements for services, appliances (other than range and refrigerator) and other items that are not included in the lease. Any items, appliances, or other services that are customarily provided to unassisted families as part of the dwelling lease with those families or are permanently installed in the dwelling unit must be included in the dwelling lease for the assisted family. These items, appliances or services cannot be placed under a separate non -lease agreement between the owner and family. Side payments for additional rent, or for items, appliances or services customarily provided to unassisted families as part of the dwelling lease for those families, are prohibited. pg. 161 242 Administrative Plan Indian River County Housing Services Division Any items, appliances, or other services that are not customarily provided to unassisted families as part of the dwelling lease with those families, are not permanently installed in the dwelling unit and where the family has the sole option of not utilizing the item, appliance or service, may be included in a separate non -lease agreement between the owner and the family. The family is not liable and cannot be held responsible under the terms of the assisted dwelling lease for any charges pursuant to a separate non -lease agreement between the owner and the family. Non-payment of any charges pursuant to a separate non -lease agreement between the owner and the family cannot be a cause for eviction or termination of tenancy under the terms of the assisted dwelling lease. Separate non -lease agreements that involve additional items, appliances or other services may be considered amenities offered by the owner and may be taken into consideration when determining the reasonableness of the rent for the property. PHA Review of Lease The PHA will review the dwelling lease for compliance with all applicable requirements. IRCHSD Policy If the dwelling lease is incomplete or incorrect, IRCHSD will notify the family and the owner of the deficiencies. Missing and corrected lease information will may be accepted as email, hard copies, in-person, by mail, or by fax. IRCHSD will not accept missing and corrected information over the phone. Because the initial leasing process is time -sensitive, IRCHSD will attempt to communicate with the owner and family by phone, fax, or email. IRCHSD will use mail when the parties can't be reached by phone, fax, or email. The PHA is permitted, but is not required, to review the lease to determine if the lease complies with State and local law and is permitted to decline to approve the tenancy if the PHA determines that the lease does not comply with State or local law [24 CFR 982.308(c)] IRCHSD Policy IRCHSD will not review the owner's lease for compliance with state/local law. 9-1 F. TENANCY APPROVAL [24 CFR 982.3051 After receiving the family's Request for Tenancy Approval, with proposed dwelling lease, the PHA must promptly notify the family and owner whether the assisted tenancy is approved. Prior to approving the assisted tenancy and execution of a HAP contract, IRCHSD must ensure that all required actions and determinations, discussed in Part I of this chapter have been completed. These actions include ensuring that the unit is eligible; the unit has been inspected by the PHA and meets the NSPIRE standards; the lease offered by the owner is approvable and includes the required Tenancy Addendum; the rent to be charged by the owner for the unit must be reasonable; where the family is initially leasing a unit and the gross rent of the unit exceeds the applicable payment standard for the family, the share of rent to be paid by the family does not exceed 40 percent of the family's monthly adjusted income [24 CFR 982.305(a)] including exempt income; the owner is an eligible owner, not disapproved by the PHA, with no conflicts of interest [24 CFR 982.306]; the family and the owner have executed the lease, including the Tenancy Addendum, and the lead-based paint disclosure information [24 CFR 982.305(b)]. IRCHSD Policy IRCHSD will complete its determination within 10 business days of receiving all required information. If the terms of the RTA/proposed lease are changed for any reason, including but not limited to negotiation with IRCHSD, IRCHSD will obtain corrected copies of the RTA and proposed lease, signed by the family and the owner. pg. 162 243 Administrative Plan Indian River County Housing Services Division If IRCHSD determines that the tenancy cannot be approved for any reason, the owner and the family will be notified in writing and given the opportunity to address any reasons for disapproval IRCHSD will instruct the owner and family of the steps that are necessary to obtain approval of the tenancy. Where the tenancy is not approvable because the unit is not approvable, the family must continue to search for eligible housing within the timeframe of the issued voucher. If the tenancy is not approved due to rent affordability or rent reasonableness, IRCHSD will attempt to negotiate the rent with the owner. If a new, approvable rent is negotiated, the tenancy will be approved. If the owner is not willing to negotiate an approvable rent, the family must continue to search for eligible housing within the timeframe of the issued voucher. Change in Total Tenant Payment (TTP) Prior to HAP Effective Date When the family reports changes in factors that will affect the total family share prior to the effective date of the HAP contract, the information will be verified, and the total family share will be recalculated using the interim review guidelines outlined in Chapter 14. If the family does not report any change, IRCHSD need not obtain new verifications before signing the HAP contract, even if verifications are more than 60 days old. 9-1 G. HAP CONTRACT EXECUTION [24 CFR 982.305] The HAP contract is a written agreement between the PHA and the owner of the dwelling unit. Under the HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of the family, and the owner agrees to comply with all program requirements as stated in the HAP contract. The HAP contract form is prescribed by HUD. If the PHA has given approval for the family of the assisted tenancy, the owner and the PHA must execute the HAP contract. The term of the HAP contract must be the same as the term of the lease [24 CFR 982.451(a)(2)]. The PHA is permitted to execute a HAP contract even if the funding currently available does not extend for the full term of the HAP contract. The PHA must make the best effort to ensure that the HAP contract is executed before the beginning of the lease term. Regardless, the HAP contract must be executed no later than 60 calendar days from the beginning of the lease term. The PHA may not pay any housing assistance payment to the owner until the HAP contract has been executed. If the HAP contract is executed during the period of 60 calendar days from the beginning of the lease term, the PHA will pay housing assistance payments after execution of the HAP contract (in accordance with the terms of the HAP contract), to cover the portion of the lease term before execution of the HAP contract (a maximum of 60 days). Any HAP contract executed after the 60 -day period is void, and the PHA may not pay any housing assistance payment to the owner. iRCH80 Police The owner and the assisted family will execute the dwelling lease, and the owner must provide a copy to IRCHSD. The owner and IRCHSD will execute the HAP contract. IRCHSD will not execute the HAP contract until the owner has submitted IRS form W-9. IRCHSD will ensure that the owner receives a copy of the executed HAP contract. pg. 163 244 Administrative Plan Indian River County Housing Services Division As required under VAWA 2013, once the HAP contract and lease have been executed and the family has been admitted to the program, IRCHSD will notify families of their rights under VAWA by providing all families with a copy of the domestic violence certification form (HUD -5382) as well as the VAWA notice of occupancy rights (form HUD -5380). Owners must, upon request, provide the current address of their residence (not a Post Office box). The owner's current address will be compared to the subsidized unit's address. Owners must provide an employer identification number or Social Security Number. Owners must, on request, submit proof of ownership of the property, such as a deed or tax bill, and a copy of the management agreement if the property is managed by a management agent. See Chapter 13 for a discussion of the HAP contract and contract provisions. 9-1 H. CHANGES IN LEASE OR RENT [24 CFR 982.3081 If the tenant and the owner agree to any changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must remain in accordance with the requirements of this chapter. Generally, PHA approval of tenancy and execution of a new HAP contract are not required for changes in the lease. However, under certain circumstances, the execution of a new lease and HAP contract are required. These circumstances include: • Changes in lease requirements governing tenant or owner responsibilities for utilities or appliances. • Changes in lease provisions governing the term of the lease. • The family moves to a new unit, even if the unit is in the same building or complex. In these cases, if the HCV assistance is to continue, the family must submit a new Request for Tenancy Approval (RTA) along with a new dwelling lease containing the proposed changes. A new tenancy must then be approved in accordance with this chapter. Where the owner is changing the amount of the rent to owner, the owner must notify the PHA at least 60 days before any such changes go into effect [24 CFR 982.308(g)(4)]. The PHA will agree to such an increase only if the amount of the rent to owner is considered reasonable according to the rent reasonableness standards discussed in Chapter 8. If the requested rent is not found to be reasonable, the owner must either reduce the requested rent increase or terminate the tenancy in accordance with the terms of the lease. No rent increase is permitted during the initial term of the lease [24 CFR 982.309(a)(3)]. IRCHSD Policy Where the owner is requesting a rent increase, IRCHSD will determine whether the requested increase is reasonable within 10 business days of receiving the request from the owner. The owner will be notified of the determination in writing. The owner is required to notify IRCHSD, in writing, at least 60 days before any change in the amount of rent to owner is scheduled to go into effect. Any requested change in rent to owner will be subject to rent reasonableness requirements. Rent increases will go into effect on the first of the month following the 60 -day period after the owner notifies IRCHSD of the rent change or on the date specified by the owner, whichever is later. pg. 164 245 Administrative Plan Indian River County Housing Services Division Chapter 10: Moving with Continued Assistance and Portability Freedom of housing choice is a hallmark of the housing choice voucher (HCV) program. In general, HUD regulations impose few restrictions on where families may live or move with HCV assistance. This chapter sets forth HUD regulations and IRCHSD policies governing moves within or outside IRCHSD's jurisdiction in two parts: Part I: Moving with Continued Assistance. This part covers the general rules that apply to all moves by a family assisted under IRCHSD's PHA Program, whether the family moves to another unit within IRCHSD's jurisdiction or to a unit outside IRCHSD's jurisdiction under portability. Part II: Portability. This part covers the special rules that apply to moves by a family under portability, whether the family moves out of or into IRCHSD's jurisdiction. This part also covers the special responsibilities that the PHA has under portability regulations and procedures. Part I: Moving with Continued Assistance 10-1 A. ALLOWABLE MOVES HUD lists six regulatory conditions under which an assisted family is allowed to move to a new unit with continued assistance. Permission to move is subject to the restrictions set forth in section 10-I.B. • The family has a right to terminate the lease on notice to the owner (for the owner's breach or otherwise) and has given a notice of termination to the owner in accordance with the lease [24 CFR 982.354(b)(3)]. If the family terminates the lease on notice to the owner, the family must give the PHA a copy of the notice at the same time [24 CFR 982.354(d)(1)]. • The lease for the family's unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.354(b)(1)(ii)]. IRCHSD Policy If the family and the owner mutually agree to terminate the lease for the family's unit, the family must give IRCHSD a copy of the termination agreement. Families cannot move more than once within any 12 -month period. Exceptions to this can be made on a case-by-case basis based upon unique circumstances such as (but not limited to) domestic violence or a fire in the unit making it uninhabitable. Exceptions are also given for participants transferring to a new unit within the same complex provided that the landlord and participant are in mutual agreement, a new 12 -month lease is signed, and a new RTA and inspection are completed. • The owner has given the family a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other process allowing the owner to evict the family [24 CFR 982.354(b)(2)]. The family must give the PHA a copy of any owner's eviction notice [24 CFR 982.551(g)]. The family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the family or family member [24 CFR 982.354(b)(4)]. This condition applies even when the family has moved out of its unit in violation of the lease, with or without prior notification to IRCHSD, if the family or family member who is the victim reasonably believed that they were imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.354(b)(4), 24 CFR 982.353(b)]. The PHA must adopt an emergency transfer plan as required by regulations at 24 CFR 5.2007(e). IRCHSD Policy If a family requests permission to move with continued assistance or for an external transfer to another covered housing program operated by IRCHSD based on a claim that the move is pg. 165 246 Administrative Plan Indian River County Housing Services Division necessary to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, IRCHSD will request that the resident request the emergency transfer using form HUD -5383, and IRCHSD will request documentation in accordance with section 16-IX.D of this plan. IRCHSD reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the family or family member will suffice. In such cases IRCHSD will document the waiver in the family's file. IRCHSD may choose to provide a voucher to facilitate an emergency transfer of the victim without first terminating the assistance of the perpetrator. Before granting an emergency transfer, IRCHSD will ensure the victim is eligible to receive continued assistance based on the citizenship or immigration status of the victim. IRCHSD has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan and discusses external transfers to other covered housing programs. • The PHA has terminated the HAP contract for the family's unit for the owner's breach [24 CFR 982.354(b)(1)(i)]. The PHA determines that the family's current unit does not meet space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for the family, the PHA must terminate the HAP contract for the family's old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)] 10-1 B. RESTRICTIONS ON MOVES A family's right to move is generally contingent upon the family's compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may restrict moves by a family. Denial of Moves HUD regulations permit the PHA to deny a family permission to move under the following conditions: Insufficient Funding The PHA may deny a family permission to move either within or outside the PHA's jurisdiction if the PHA does not have sufficient funding for continued assistance [24 CFR 982.354(e)(1)]. However, Notice PIH 2016-09 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory. IRCHSD Policy IRCHSD will deny a family permission to move on grounds that IRCHSD does not have sufficient funding for continued assistance if (a) the move is initiated by the family, not the owner or IRCHSD; (b) IRCHSD can demonstrate that the move will, in fact, result in higher subsidy costs (c) IRCHSD can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs, and (d) for portability moves, the receiving PHA is not absorbing the voucher. If IRCHSD does not have sufficient funding for continued assistance, but the family must move from their unit (e.g., the unit failed inspection), the family may move to a higher cost of the unit if the move is within IRCHSD's jurisdiction. IRCHSD, however, will not allow the family to move under portability in this situation if the family wishes to move to a higher cost area. For both moves within IRCHSD's jurisdiction and outside under portability, IRCHSD will not deny pg. 166 247 Administrative Plan Indian River County Housing Services Division a move due to insufficient funding if IRCHSD previously approved the move and subsequently experienced a funding shortfall if the family cannot remain in their current unit. IRCHSD will rescind the voucher in this situation if the family will be allowed to remain in their current unit. IRCHSD will create a list of families whose moves have been denied due to insufficient funding. IRCHSD will keep the family's request open indefinitely, and when funds become available, the families on this list will take precedence over families on the waiting list. IRCHSD will use the same procedures for notifying families with open requests to move when funds become available as it uses for notifying families on the waiting list (see section 4-III.D). IRCHSD will inform the family of its policy regarding moves denied due to insufficient funding in a letter to the family at the time the move is denied. Grounds for Denial or Termination of Assistance The PHA may deny a family permission to move if it has grounds for denying or terminating the family's assistance [24 CFR 982.354(e)(2)]. IRCHSD Policy If IRCHSD has grounds for denying or terminating a family's assistance, IRCHSD will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12, respectively. In general, it will not deny a family permission to move for this reason; however, it retains the discretion to do so under special circumstances. Restrictions on Elective Moves (24 CFR 982.354(c)1 HUD regulations permit the PHA to prohibit any elective move by a participant family during the family's initial lease term. They also permit the PHA to prohibit more than one elective move by a participant family during any 12 -month period. However, such prohibitions, if adopted, do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the family or family member. (For the policy on documentation of abuse, see section 10-I.A.) In addition, the PHA may not establish a policy permitting moves only at reexamination [Notice PIH 2016-09]. IRCHSD Policy IRCHSD may deny families permission to make an elective move during the initial year of assisted occupancy, unless there are circumstances beyond the control of the family which require a move as an accommodation for a family member with a disability or for other good cause. Families may not be issued a voucher to move with continued assistance more than once in any 12 -month period. Exceptions to this can be made on a case-by-case basis based upon unique circumstances such as (but not limited to) domestic violence or a fire in the unit making it uninhabitable. Exceptions are also given for participants transferring to a new unit within the same complex provided that the landlord and participant are in mutual agreement, a new 12 - month lease is signed, and a new RTA and inspection are completed. 10-1 C. MOVING PROCESS Notification If a family wishes to move to a new unit, the family must notify the PHA and the owner before moving out of the old unit or terminating the lease on notice to the owner [24 CFR 982.354(d)(2)]. If the family wishes to move to a unit outside the PHA's jurisdiction under portability, the notice to the PHA must specify the area where the family wishes to move [24 CFR 982.354(d)(2)]. The notices must be in writing [24 CFR 982.5]. pg. 167 248 Administrative Plan Indian River County Housing Services Division Approval IRCHSD Policy Upon receipt of a family's notification that it wishes to move, IRCHSD will determine whether the move is approvable in accordance with the regulations and policies set forth in sections 10-I.A and 10-I.13. IRCHSD will notify the family in writing of its determination within 10 business days following receipt of the family's notification. Reexamination of Family Income and Composition IRCHSD Policy For families approved to move to a new unit within the jurisdiction, IRCHSD will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan. For families moving into or families approved to move out of the jurisdiction under portability, IRCHSD will follow the policies set forth in Part II of this chapter. Voucher Issuance and Briefing IRCHSD Policy For families approved to move to a new unit within IRCHSD's jurisdiction, IRCHSD will issue a new voucher within 10 business days of IRCHSD's written approval to move. IRCHSD will follow the policies set forth in Chapter 5 on voucher terms, extension, and expiration. If a family does not locate a new unit within the term of the voucher and any extensions, the family may remain in its current unit with continued voucher assistance if the owner agrees and IRCHSD approves, otherwise, the family will lose its assistance. For families moving into or families approved to move out of IRCHSD's jurisdiction under portability, IRCHSD will follow the policies set forth in Part II of this chapter. Housing Assistance Payments [24 CFR 982.311(d)1 When a family moves out of an assisted unit, the PHA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit. If a participant family moves from an assisted unit with continued tenant -based assistance, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a duplicative housing subsidy. IRCHSD Policy Mid -month moves that result in overlapping contracts for the same participant are not considered a duplicative subsidy. Contracts do not need to be prorated for mid -month moves. Zero HAP Families Who Wish to Move [24 CFR 982.455] A participant who is not receiving any subsidy, but whose HAP contract is still in force, may request a voucher to move to a different unit. An PHA Program Agency must issue a voucher to move unless it has grounds to deny assistance under the program regulations. However, if the PHA Program Agency determines no subsidy would be paid at the new unit, they may refuse to enter into a HAP contract on behalf of the family. IRCHSD Policy If a zero HAP family requests to move to a new unit, the family may request a voucher to move. However, if no subsidy will be paid at the unit to which the family requests to move, IRCHSD will enter into a HAP contract on behalf of the family for the new unit. pg. 168 249 Administrative Plan Indian River County Housing Services Division Moves to Other Units Owned by Landlord IRCHSD Poli A move within the same building or project, or between buildings owned by the same owner, will be processed like any other move. Part 11: Portability 10 -II A. OVERVIEW Within the limitations of the regulations and this plan, a participant family or an applicant family that has been issued a voucher has the right to use tenant -based voucher assistance to lease a unit anywhere in the United States providing that the unit is located within the jurisdiction of a PHA administering a tenant - based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The PHA that issues the voucher is called the initial PHA. The PHA that has jurisdiction in the area to which the family wants to move is called the receiving PHA. The receiving PHA has the option of administering the family's voucher for the initial PHA or absorbing the family into its own program. Under the first option, the receiving PHA provides all housing services for the family and bills the initial PHA for the family's housing assistance payments and the fees for administering the family's voucher. Under the second option, the receiving PHA pays for the family's assistance with its own program funds, and the initial PHA has no further relationship with the family. The initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the initial PHA's voucher. Based on receiving PHA's response, the initial PHA must determine whether they will approve or deny the portability request [Notice PIH 2016-09]. PHAs commonly act as both the initial and receiving PHA because families may move into or out of their jurisdiction under portability. Each role involves different responsibilities. The PHA will follow the rules and policies in section 10 -II. B when it is acting as the initial PHA for a family. It will follow the rules and policies in section 10-II.0 when it is acting as the receiving PHA for a family. In administering portability, the initial PHA and the receiving PHA must comply with financial procedures required by HUD, including the use of HUD -required forms [24 CFR 982.355(e)(5)]. PHAs must also comply with billing and payment deadlines. HUD may reduce an administrative fee to an initial or receiving PHA if the PHA does not comply with HUD portability requirements [24 CFR 982.355(e)(7)]. 10-11 B. INITIAL PHA ROLE Allowable Moves under Portability A family may move with voucher assistance only to an area where there is at least one PHA administering a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA provides the family with the contact information for the receiving PHAs that serve the area, and the family selects the receiving PHA. The family must inform the initial PHA which receiving PHA it has selected. If the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family [24 CFR 982.255(b)]. Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside the PHA's jurisdiction under portability. HUD regulations and PHA Policy determine whether a family qualifies. Special purpose vouchers may have additional restrictions on porting out due to special program requirements. Applicant Families Under HUD regulations, most applicant families qualify to lease a unit outside the PHA's jurisdiction under portability. However, HUD gives the PHA discretion to deny a portability move by an applicant family for the same two reasons that it may deny any move by a participant family: insufficient funding and grounds for denial or termination of assistance. If the PHA intends to deny a family permission to move under portability pg. 169 250 Administrative Plan Indian River County Housing Services Division due to insufficient funding, the PHA must notify HUD within 10 business days of the determination to deny the move [24 CFR 982.355(e)]. IRCHSD Policv In determining whether or not to deny an applicant family permission to move under portability because IRCHSD lacks sufficient funding or has grounds for denying assistance to the family, the IRCHSD will follow the policies established in section 101.6 of this chapter. If IRCHSD does deny the move due to insufficient funding, IRCHSD will notify HUD in writing within 10 business days of IRCHSD's determination to deny the move. In addition, the initial PHA may establish a policy denying the right to portability to nonresident applicants during the first 12 months after they are admitted to the program [24 CFR 982.353(c)]. IRCHSD Policy For VASH and EHV families there are no restrictions on portability in the first 12 months. For all other families, a family will not be permitted to move out of IRCHSD's jurisdiction upon the initial issuance of their voucher. The family must lease a unit in IRCHSD's jurisdiction for at least one year prior to exercising portability. IRCHSD will consider exceptions to this policy for purposes of reasonable accommodation (see Chapter 2), or reasons related to domestic violence, dating violence, sexual assault, or stalking. Participant Families The initial PHA must not provide portable assistance for a participant if a family has moved out of its assisted unit in violation of the lease [24 CFR 982.353(b)]. The Violence against Women Act of 2013 (VAWA) creates an exception to this prohibition for families who are otherwise in compliance with program obligations but have moved to protect the health or safety of a family member who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably believed they were imminently threatened by harm from further violence if they remained in the unit [24 CFR 982.353(b)]. IRCHSD Policv IRCHSD will determine whether a participant family may move out of IRCHSD's jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in sections 10-I.A and 10-1.13 of this chapter. IRCHSD will notify the family of its determination in accordance with the approval policy set forth in section 10-I.0 of this chapter. IRCHSD will consider exceptions to this policy for purposes of reasonable accommodation (see Chapter 2), or reasons related to domestic violence, dating violence, sexual assault, or stalking. Determining Income Eligibility Applicant Families An applicant family may lease a unit in a particular area under portability only if the family is income eligible for admission to the voucher program in that area [24 CFR 982.353(d)(1)]. The family must specify the area to which the family wishes to move [24 CFR 982.355(c)(1)]. The initial PHA is responsible for determining whether the family is income eligible in the area to which the family wishes to move [24 CFR 982.353(d)(1), 24 CFR 982.355(9)]. If the applicant family is not income eligible in that area, the PHA must inform the family that it may not move there and receive voucher assistance [Notice PIH 2016-091. Participant Families The income eligibility of a participant family is not redetermined if the family moves to a new jurisdiction under portability [24 CFR 982.353(d)(2)]. pg. 170 251 Administrative Plan Indian River County Housing Services Division Reexamination of Family Income and Composition No new reexamination of family income and composition is required for an applicant family. IRCHSD Policy For a participant family approved to move out of its jurisdiction under portability, IRCHSD generally will conduct a reexamination of family income and composition only if the family's annual reexamination will be effective on or before the initial billing deadline specified on form HUD -52665, Family Portability Information. IRCHSD will make any exceptions to this policy necessary to remain in compliance with HUD regulations. Briefing The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide information on portability to all applicant families that qualify to lease a unit outside the PHA's jurisdiction under the portability procedures. Therefore, no special briefing is required for these families. IRCHSD Policy No formal briefing will be required for a participant family wishing to move outside IRCHSD's jurisdiction under portability. However, IRCHSD will provide the family with the same oral and written explanation of portability that it provided to applicant families selected for admission to the program (see Chapter 5). Participants will identify the receiving PHA. If they are unable to identify the receiving PHA, IRCHSD will assist. If there is more than one PHA with jurisdiction over the area to which the family wishes to move, IRCHSD will inform the family of their options and advise them that they may choose which receiving PHA to work with. The family must notify IRCHSD of their selection before the move can be processed. Upon receiving the family's choice, IRCHSD will notify the selected receiving PHA and, if requested, assist the family in making contact or gathering information to support their decision. IRCHSD will advise the family that they will be under the receiving PHA's policies and procedures, including screening, subsidy standards, voucher extension policies, and payment standards. Voucher Issuance and Term An applicant family has no right to portability until after the family has been issued a voucher [24 CFR 982.353(b)]. In issuing vouchers to applicant families, the PHA will follow the regulations and procedures set forth in Chapter 5. IRCHSD Policy For participating families approved to move under portability, will issue a new voucher within 10 business days of the written approval to move. The initial term of the voucher will be 60 days. Voucher Extensions and Expiration IRCI -iSD ioii IRCHSD will not approve extensions to a voucher issued to an applicant or participant family porting out of the jurisdiction except under the following circumstances: a) The initial term of the voucher will expire before the portable family is issued a voucher by the receiving PHA; b) The family decides to return to the initial PHA's jurisdiction and search for a unit there; or c) The family decides to search for a unit in a third PHA's jurisdiction. pg. 171 252 Administrative Plan Indian River County Housing Services Division In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E of this plan will apply, including the requirement that the family request an extension in writing prior to the expiration of the initial voucher term. To receive or continue receiving assistance under the initial PHA's voucher program, a family that moves to another PHA's jurisdiction under portability must be under HAP contract in the receiving PHA's jurisdiction within 90 days following the expiration date of the initial PHA's voucher term (including any extensions). (See below under "Initial Billing Deadline" for one exception to this policy.) Preapproval Contact with the Receiving PHA Prior to approving a family's request to move under portability, the initial PHA must contact the receiving PHA via e-mail or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the family's voucher. Based on the receiving PHA's response, the initial PHA must determine whether it will approve or deny the move [24 CFR 982.355(c)(3)]. IRCHSD Policv IRCHSD will use e-mail, when possible, to contact the receiving PHA regarding whether the receiving PHA will administer or absorb the family's voucher. Initial Notification to the Receiving PHA After approving a family's request to move under portability, the initial PHA must promptly notify the receiving PHA via email or other confirmed delivery method to expect the family [24 CFR 982.355(c)(3); 24 CFR 982.355(c)(7)]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(6)]. IRCHSD Policy Because the portability process is time -sensitive, IRCHSD will notify the receiving PHA by phone, fax, or e-mail to expect the family. IRCHSD will also ask the receiving PHA to provide any information the family may need upon arrival, including the name, fax, e-mail address, and telephone number of the staff person responsible for business with incoming portable families and procedures related to appointments for voucher issuance. IRCHSD will pass this information along to the family. IRCHSD will also ask for the name, address, telephone number, fax and e-mail of the person responsible for processing the billing information. Sending Documentation to the Receiving PHA The initial PHA is required to send the receiving PHA the following documents: • Form HUD -52665, Family Portability Information, with Part I filled out [Notice PIH 2016-09] • A copy of the family's voucher [Notice PIH 2016-09] • A copy of the family's most recent form HUD -50058, Family Report, or, if necessary, in the case of an applicant family, family and income information in a format similar to that of form HUD -50058 [24 CFR 982.355(c)(7), Notice PIH 2016-09] • Copies of the income verifications backing up the form HUD -50058, including a copy of the family's current EIV data [24 CFR 982.355(c)(7), Notice PIH 2016-09] IRCHSD Po 4ic- In addition to these documents, IRCHSD will provide the following information, if available, to the receiving PHA: • Social security numbers (SSNs) • Documentation of SSNs for all nonexempt household members whose SSNs have not been verified through the EIV system • Documentation of legal identity • Documentation of citizenship or eligible immigration status pg. 172 253 Administrative Plan Indian River County Housing Services Division • Documentation of participation in the earned income disallowance (EID) benefit • Documentation of participation in a family self-sufficiency (FSS) program • If applicable, information related to the family's health and medical care and disability assistance expense phased -in hardship exemption, including what stage the family is in and how many months remain in that phase-in stage IRCHSD will notify the family in writing regarding any information provided to the receiving PHA [HCV GB, p. 13-31. Medical Documentation Not Shared Except with Family IRCHSD Policy In order to comply with the federal privacy act rules regarding health-related information (HIPAA), IRCHSD shall not send a portable family's medical documentation to a receiving PHA. IRCHSD may indicate to the receiving PHA that IRCHSD has approved an accommodation for the family, without providing any of the details of the basis for the approval. IRCHSD shall give a copy of the medical documentation it has on file directly to the family, on request, for them to provide the receiving PHA to document medical or disability -related accommodations, deductions, or allowances. Initial Billing Deadline [Notice PIH 2016-091 The deadline for submission of initial billing is 90 days following the expiration date of the voucher issued to the family by the initial PHA. In cases where suspension of the voucher delays the initial billing submission, the receiving PHA must notify the initial PHA of delayed billing before the billing deadline and document the delay is due to the suspension. In this case, the initial PHA must extend the billing deadline by 30 days. If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late billing submission, it must notify the initial PHA in writing. The initial PHA may report to HUD the receiving PHA's failure to comply with the deadline. If the initial PHA will honor the late billing, no action is required. IRCHSD Policy If IRCHSD has not received an initial billing notice from the receiving PHA within the billing deadline, a retroactive payment will be made and the PHA will be encouraged to make timely submissions in the future. Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 2016-091 If the receiving PHA is administering the family's voucher, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. When reimbursing for administrative fees, the initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the PHA Program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill [24 CFR 982.355(e)(2)]. The initial PHA is responsible for making billing payments in a timely manner. The first billing amount is due within 30 calendar days after the initial PHA receives Part II of form HUD -52665 from the receiving PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day of each month. The payments must be provided in a form and manner that the receiving PHA is able and willing to accept. The initial PHA may not terminate or delay making payments under existing portability billing arrangements as a result of over leasing or funding shortfalls. The PHA must manage its tenant - based program in a manner that ensures that it has the financial ability to provide assistance for families that move out of its jurisdiction under portability and are not absorbed by receiving PHAs as well as for families that remain within its jurisdiction. pg. 173 254 Administrative Plan Indian River County Housing Services Division IRCHSD Policy The initial PHA will utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them. If the initial PHA extends the term of the voucher, the receiving PHA will expire 30 calendar days from the new expiration date of the initial PHA's voucher. Annual Updates of Form HUD -50058 If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD - 50058 each year from the receiving PHA. If the initial PHA fails to receive an updated 50058 by the family's annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family. The initial PHA must continue paying the receiving PHA based on the last form HUD -50058 received, unless instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by following steps outlined in Notice PIH 2016-09. Denial or Termination of Assistance 1`24 CFR 982.355(c)(17)1 At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance with the family in accordance with 24 CFR 982.552 and 24 CFR 982.553. (For PHA policies on denial and termination, see Chapters 3 and 12, respectively.) 10 -II C. RECEIVING PHA ROLE If a family has a right to lease a unit in the receiving PHA's jurisdiction under portability, the receiving PHA must provide assistance for the family [24 CFR 982.355(10)]. HUD may determine in certain instances that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster area. However, the PHA must have approval in writing from HUD before refusing any incoming portable families [24 CFR 982.355(b)]. Administration of the voucher must be in accordance with the receiving PHA's policies. This requirement also applies to policies of Moving to Work agencies. The receiving PHA procedures and preferences for selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not used [24 CFR 982.355(c)(10)]. The family's unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(c)(12)], and the receiving PHA's policies on extensions of the voucher term apply [24 CFR 982.355(c)(14)]. Responding to Initial PHA's Request [24 CFR 982.355(c)1 The receiving PHA must respond via e-mail or other confirmed delivery method to the initial PHA's inquiry to determine whether the family's voucher will be billed or absorbed [24 CFR 982.355(c)(3)]. If the receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot reverse its decision at a later date without consent of the initial PHA (24 CFR 982.355(c)(4). OCHSD Psi c Upon receipt of the portability documentation from the initial PHA, IRCHSD will respond via - email or other confirmed delivery method to the initial PHA's inquiry to determine whether the family's voucher will be billed or absorbed. Initial Contact with Family When a family moves into the PHA's jurisdiction under portability, the family is responsible for promptly contacting the PHA and complying with the PHA's procedures for incoming portable families. The family's failure to comply may result in denial or termination of the receiving PHA's voucher [24 CFR 982.355(c)(8)]. If the voucher issued to the family by the initial PHA has expired, the receiving PHA must contact the initial PHA to determine if it will extend the voucher [24 CFR 982.355(c)(13)]. An informal hearing is not required when a voucher has expired without the family leasing a unit. If for any reason the receiving PHA refuses to process or provide assistance to a family under the portability procedures, the family must be given the opportunity for an informal review or hearing [Notice PIH 2016-09]. (For more on this topic, see later under "Denial or Termination of Assistance.") pg. 174 255 Administrative Plan Indian River County Housing Services Division Briefing HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family's search [Notice PIH 2016-091. IRCHSD Policy IRCHSD will not require the family to attend a briefing. Upon request, IRCHSD will provide the family with a briefing packet (as described in Chapter 5) and, in an individual briefing, will orally inform the family about IRCHSD's payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, and the leasing process. Income Eligibility and Reexamination The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA's voucher program [24 CFR 982.355(c)(9)]. If the receiving PHA opts to conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit [24 CFR 982.355(c)(11)]. IRCHSD Policy For any family to move into its jurisdiction under portability, IRCHSD will conduct a new reexamination of family income and composition. However, IRCHSD will not delay issuing the family a voucher for this reason. Nor will IRCHSD delay approving a unit for the family until the reexamination process is complete unless the family is an applicant, and staff cannot otherwise confirm that the family is income eligible for admission to the program in the area where the unit is located. In conducting its own reexamination, IRCHSD will rely upon any verifications provided by the initial PHA to the extent that they (a) accurately reflect the family's current circumstances and (b) were obtained within the last 120 days. Any new information may be verified by documents provided by the family and adjusted, if necessary, when third party verification is received. Voucher Issuance When a family moves into its jurisdiction under portability, the receiving PHA is required to issue the family a voucher [24 CFR 982.355(c)(13)]. The family must submit a request for tenancy approval to the receiving PHA during the term of the receiving PHA's voucher [24 CFR 982.355(c)(15)]. Timing of Voucher Issuance HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family's paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA's procedures [Notice PIH 2016-09]. IRCHSD Policy IRCHSD will issue the voucher within two weeks after receiving the family's paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the IRCHSD's procedures. Voucher Term The term of the receiving PHA's voucher may not expire before 30 calendar days from the expiration of the initial PHA's voucher [24 CFR 982.355(c)(13)]. If the initial PHA extends the term of the voucher, the receiving PHA's voucher may not expire before 30 days from the new expiration date of the initial PHA's voucher [Notice PIH 2016-09]. IRCHSD Policy IRCHSD's voucher will expire 30 calendars days from the expiration date of the initial PHA's voucher. If the initial PHA extends the term of the voucher, IRCHSD's voucher will expire 30 calendar days from the new expiration date of the initial PHA's voucher. pg. 175 256 Administrative Plan Indian River County Housing Services Division Voucher Extensions (24 CFR 982.355(c)(14), Notice 2016-091 Once the receiving PHA issues the portable family a voucher, the receiving PHA's policies on extensions of the voucher term apply. The receiving PHA must inform the initial PHA of any extension granted to the term of the voucher. It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA. IRCHSD Policy IRCHSD generally will not extend the term of the voucher that it issues to an incoming portable family unless IRCHSD plans to absorb the family into its own program, in which case it will follow the policies on voucher extension set forth in section 5-II.E. IRCHSD may approve extensions requested by the initial PHA if such extensions are consistent with this Administrative Plan. However, if the family decides not to lease up in IRCHSD's jurisdiction, they must contact the initial PHA to request an extension. IRCHSD will consider an exception to this policy as a reasonable accommodation for a person with disabilities (see Chapter 2). Voucher Suspensions (24 CFR 982.303, 24 CFR 982.355(c)(15)1 If the family submits a request for tenancy approval during the term of the receiving PHA's voucher, the PHA must suspend the term of that voucher. The term of the voucher stops from the date that the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5 -II. E). Notifying the Initial PHA The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA's voucher [24 CFR 982.355(c)(16)]. The receiving PHA is required to use Part II of form HUD -52665, Family Portability Information, for this purpose [Notice PIH 2016-09]. (For more on this topic and the deadline for notification, see below under "Administering a Portable Family's Voucher.") If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but instead wishes to return to the initial PHA's jurisdiction or to search in another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is once again the voucher originally issued by the initial PHA. Any extension of search time provided by the receiving PHA's voucher is only valid for the family's search in the receiving PHA's jurisdiction [Notice PIH 2016-09]. Administering a Portable Family's Voucher Portability Billing X24 CFR 982.355(e)1 To cover assistance for a portable family that was not absorbed, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. The amount of the housing assistance payment for a portable family in the receiving PHA's program is determined in the same manner as for other families in the receiving PHA's program. The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial PHA's ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the PHA Program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill for the lesser of 80 percent of the initial PHA's prorated ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee). If both PHAs agree, the PHA may negotiate a different amount of reimbursement. pg. 176 257 Administrative Plan Indian River County Housing Services Division IRCHSD Policy Unless IRCHSD negotiates a different amount of reimbursement with the initial PHA, IRCHSD will bill the initial PHA the maximum amount of administrative fees allowed, ensuring any administrative fee proration has been properly applied. Initial Billing Deadline If a portable family's search for a unit is successful and the receiving PHA intends to administer the family's voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD -52665) in time that the notice will be received no later than 90 days following the expiration date of the family's voucher issued by the initial PHA [Notice PIH 2016-09]. This deadline may be extended for 30 additional days if the delay is due to suspension of the voucher's term (see Initial Billing Section). A copy of the family's form HUD -50058, Family Report, completed by the receiving PHA must be attached to the initial billing notice. The receiving PHA may send these documents by mail, fax, or e-mail. IRCHSD Policy IRCHSD will send its initial billing notice by fax or e-mail, if necessary, to meet the billing deadline but will also send the notice by regular mail. If the receiving PHA fails to send the initial billing by the deadline, it is required to absorb the family into its own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the initial PHA to honor the late submission (e.g., because the receiving PHA is over leased) [Notice PIH 2016-09]. Ongoing Notification Responsibilities [Notice PIH 2016-09. HUD -526651 Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family's updated form HUD -50058 after each annual reexamination for the duration of time the receiving PHA is billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing amount. IRCHSD Policy IRCHSD will send a copy of the updated HUD -50058 by regular mail no later than 10 business days after the effective date of the reexamination. Change in Billing Amount. The receiving PHA is required to notify the initial PHA, using form HUD - 52665, of any change in the billing amount for the family as a result of: • A change in the HAP amount (because of a reexamination, a change in the applicable payment standard, a move to another unit, etc.) • An abatement or subsequent resumption of the HAP payments • Termination of the HAP contract • Payment of a damage/vacancy loss claim for the family • Termination of the family from the program The timing of the notice of the change in the billing amount should correspond with the notification to the owner and the family in order to provide the initial PHA with advance notice of the change. Under no circumstances should the notification be later than 10 business days following the effective date of the change in the billing amount. If the receiving PHA fails to send Form HUD -52665 within 10 days of effective date of billing changes, the initial PHA is not responsible for any increase prior to notification. If the change resulted in a decrease in the monthly billing amount, the initial PHA will offset future monthly payments until the difference is reconciled. Late Payments [Notice PIH 2016-091 If the initial PHA fails to make a monthly payment for a portable family by the fifth business day of the month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must identify the family, the amount of the billing payment, the date the billing payment was due, and the date the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If the initial PHA fails to correct the problem by the second month following the notification, the receiving pg. 177 258 Administrative Plan Indian River County Housing Services Division PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence between PHAs on the matter must be attached. The receiving PHA must send a copy of the memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on behalf of the family ceases with the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA. Overpayments (Notice PIH 2016-091 In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effect, the receiving PHA is responsible for returning the full amount of the overpayment (including the portion provided for administrative fees) to the initial PHA. In the event that HUD determines billing payments have continued for at least three months because the receiving PHA failed to notify the initial PHA that the billing arrangement was terminated, the receiving PHA must take the following steps: • Return the full amount of the overpayment, including the portion provided for administrative fees, to the initial PHA. • Once full payment has been returned, notify the Office of Public Housing in the HUD area office with jurisdiction over the receiving PHA of the date and the amount of reimbursement to the initial PHA. At HUD's discretion, the receiving PHA will be subject to the sanctions spelled out in Notice PIH 2016-09. Denial or Termination of Assistance At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable family for family action or inaction [24 CFR 982.355(c)(17)]. In the case of a termination, the PHA should provide adequate notice of the effective date to the initial PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial PHA later than 10 business days following the effective date of the termination of the billing arrangement [HUD -52665; Notice PIH 2016-09]. IRCHSD Doli, If IRCHSD elects to deny or terminate assistance for a portable family, IRCHSD will notify the initial PHA in writing of any termination of assistance within 10 business days of the termination. IRCHSD will base its denial or termination decision on the policies set forth in Chapter 3 or Chapter 12, respectively. The informal review or hearing will be held in accordance with the policies in Chapter 16. IRCHSD will not notify the initial housing authority of the termination until the informal hearing process is complete. A copy of the hearing decision shall be furnished to the initial PHA. The initial PHA is responsible for collecting any amounts owed by the family to the initial PHA, and for monitoring repayment. If the initial PHA notifies IRCHSD that the family is in arrears or the family has refused, without good cause, to sign a payment agreement, IRCHSD may terminate assistance to the family. Absorbing a Portable Family The receiving PHA may absorb an incoming portable family into its own program when the PHA executes a HAP contract on behalf of the family or at any time thereafter providing that IRCHSD has funding available under its annual contributions contract (ACC) [24 CFR 982.355(d)(1), Notice PIH 2016-09]. If the receiving PHA absorbs a family from the point of admission, the admission will be counted against the income targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)]. If the receiving PHA absorbs a family after providing assistance for the family under a billing arrangement with the initial PHA, the receiving PHA must send an updated form HUD -52665 to the initial PHA no later than 10 business days following the effective date of the termination of the billing arrangement [Notice PIH 2016-09]. pg. 178 259 Administrative Plan Indian River County Housing Services Division IRCHSD Policy If IRCHSD decides to absorb a portable family upon the execution of a HAP contract on behalf of the family, IRCHSD will notify the initial PHA by the initial billing deadline specified on form HUD -52665. The effective date of the HAP contract will be the effective date of the absorption. If IRCHSD decides to absorb a family after that, it will provide the initial PHA with 30 days' advance notice, but no later than 10 business days following the effective date of the termination of the billing arrangement. Following the absorption of an incoming portable family, the family is assisted with funds available under the consolidated ACC for the receiving PHA's voucher program [24 CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent moves by the family under portability [24CFR982.355(e)(4) pg. 179 260 Administrative Plan Indian River County Housing Services Division Chapter 11: Reexaminations The PHA is required to reexamine each family's income and composition at least annually, and to adjust the family's level of assistance accordingly. Interim reexaminations are also needed in certain situations. This chapter discusses both annual and interim reexaminations, and the recalculation of family share and subsidy that occurs as a result. HUD regulations and PHA policies concerning reexaminations are presented in three parts: Part I: Annual Reexaminations. This part discusses the process for conducting annual reexaminations. Part II: Interim Reexaminations. This part details the requirements for families to report changes in family income and composition between annual reexaminations. Part III: Recalculating Family Share and Subsidy Amount. This part discusses the recalculation of family share and subsidy amounts based on the results of annual and interim reexaminations. Policies governing reasonable accommodation, family privacy, required family cooperation, and program abuse, as described elsewhere in this plan, apply to both annual and interim reexaminations. In accordance with HUD requirements and IRCHSD's Moving to Work Plan, IRCHSD will re-examine the income and household composition of all families regularly. Recertifications and interim re-examinations will be processed in a manner that ensures families are given reasonable notice of decreases in the Housing Assistance Payment and corresponding increases in tenant rent (hereafter referred to as rent increases). Part I: Annual Reexaminations [24 CFR 982.5161 11-1 A. OVERVIEW The PHA must conduct a re-examination of family income and composition at least annually. This includes gathering and verifying current information about family composition, income, and expenses. Based on this updated information, the family's income and rent must be recalculated. This part discusses the schedule for annual reexaminations, the information to be collected and verified, and annual reexamination effective dates. 11-1 B.STREAMLINED ANNUAL REEXAMINATIONS 1`24 CFR 982.516(B) ; NEW HCV GB, REEXAMINATIONS] HUD permits PHAs to streamline the income determination process for family members with fixed sources of income. While third -party verification of all income sources must be obtained during the intake process and every three years thereafter, in the intervening years the PHA may determine income from fixed sources by applying a verified cost of living adjustment (COLA) or rate of interest. The PHA may, however, obtain third -party verification of all income, regardless of the source. Further, upon request of the family, the PHA must perform third -party verification of all income sources. Fixed sources of income include Social Security and SSI benefits, pensions, annuities, disability or death benefits, and other sources of income subject to a COLA or rate of interest. The determination of fixed income may be streamlined even if the family also receives income from other non -fixed sources. Two streamlining options are available, depending upon the percentage of the family's income that is received from fixed sources. If at least 90 percent of the family's income is from fixed sources, the PHA may streamline the verification of fixed income and may choose whether to verify non -fixed income amounts in years where no fixed-income review is required. If the family receives less than 90 percent of its income from fixed sources, the PHA may streamline the verification of fixed income and must verify non -fixed income annually. IRCHSD Policy IRCHSD will streamline the annual reexamination process by applying the verified COLA or interest rate to fixed-income sources. IRCHSD will document in the file how the determination that a source of income was fixed was made. pg. 180 261 Administrative Plan Indian River County Housing Services Division If a family member with a fixed source of income is added, IRCHSD will use third -party verification of all income amounts for that family member. If verification of the COLA or rate of interest is not available, IRCHSD will obtain third - party verification of income amounts. Third -party verification of fixed sources of income will be obtained during the intake process and at least once every three years thereafter at annual re-examination. Third -party verification of non -fixed income will be obtained annually regardless of the percentage of family income received from fixed sources. 11-1 C. SCHEDULING ANNUAL REEXAMINATIONS The PHA must establish a policy to ensure that the annual reexamination for each family is completed within a 12 -month period and may require reexaminations more frequently [HCV GB p. 12-11. IRCHSD Policy IRCHSD will begin the annual reexamination process 120 days in advance of its scheduled effective date. Generally, IRCHSD will schedule annual reexamination effective dates to coincide with the family's anniversary date. Anniversary date is defined as 12 months from the effective date of the family's last annual reexamination or, during a family's first year in the program, from the effective date of the family's initial examination (admission). When a family moves to another dwelling unit, IRCHSD will perform a new annual reexamination. IRCHSD also may schedule an annual reexamination for completion prior to the anniversary date for administrative purposes. Notification of and Participation in the Annual Reexamination Process The PHA is required to obtain the information needed to conduct annual reexaminations. How that information will be collected is left to the discretion of the PHA. However, PHAs should give tenants who were not provided the opportunity the option to complete Form HUD -92006 at this time [Notice PIH 2009- 36]. IRCHSD Policy Re- Examination Notice to the Family IRCHSD will maintain a re-examination tracking system and the household will be notified by mail of the recertification requirements 90 to 120 days in advance of the anniversary date. If requested as an accommodation by a person with a disability, IRCHSD will provide the notice in an accessible format. IRCHSD will also mail the notice to a third -party, if requested as reasonable accommodation for a person with disabilities. Completion of Annual Recertification or Update and Notice of Change in Rent IRCHSD will complete annual re -certifications or updates for families before the anniversary date, including notifying the family of any increases in rent at least 30 days before the anniversary date. If the family's rent portion remains the same or decreases, IRCHSD may give less than 30 days written notice to the family. pg. 181 262 Administrative Plan Indian River County Housing Services Division Persons with Disabilities Persons with disabilities who are unable to complete their review by mail will be granted an accommodation which includes conducting the interview at the person's home or other location, as requested by the family, upon verification that the accommodation requested meets the need presented by the disability. Collection of Information [24 CFR 982.516(f)1 IRCHSD will require the family to complete a Personal Declaration form prior to the completion of an annual recertification. IRCHSD will contact the family and provide information and guidelines for completing the Personal Declaration form. In the correspondence, IRCHSD will specify the date and time by which the family must complete the Declaration form and provide the required documentation. At the request of the family, IRCHSD will conduct the annual recertification in person at IRCHSD's office. The family may call to request an appointment up to 1 day prior to the document submission deadline date. Requirements to Attend In cases where the family has requested an in-person interview, the head of household is required to attend the recertification interview. If the head of household is unable to attend the interview, the appointment will be rescheduled. 11-1 D. CONDUCTING ANNUAL REEXAMINATIONS As part of the annual reexamination process, families are required to provide updated information to the PHA regarding the family's income, expenses, and composition [24 CFR 982.551(b)]. IRCHSD Polis In the notification letter to the family, IRCHSD will include instructions for the family to submit the following: • Documentation of all income declared by the family on their Personal Declaration and/or as requested by IRCHSD; • Verification of all assets, when the total value of assets is equal to or greater than $50,000 • Documentation of any deductions/allowances declared by the family; • Personal Declaration form completed by head of household, and signed and dated by all family members aged 18 and older; and • Authorization for the Release of Information Forms completed by head of household and signed and dated by all family members aged 18 and older. If the family fails to submit some or all of their required documents by the deadline noted in the first notification letter, and has not made prior arrangements with IRCHSD, IRCHSD will mail a second notification letter to the family. The second letter will outline the steps necessary for the family to complete their review. If the family fails to respond to the second notice, and has not rescheduled or made prior arrangements, IRCHSD will send the family notice of termination and offer them an informal hearing (See Chapter 12). Exceptions to these policies may be made by IRCHSD Manager if the family is able to document an emergency situation that prevented them from responding to the recertification notices, or, if requested, as a reasonable accommodation for a person with a disability. IRCHSD will follow the verification procedures and guidelines described in Chapter 9. Tenant -supplied verification documents for re-examinations must be current within 90 days of the submission deadline date stated in the family's initial notification letter. pg. 182 263 Administrative Plan Indian River County Housing Services Division Additionally, HUD recommends that at annual reexaminations PHAs ask whether the tenant, or any member of the tenant's household, is subject to a lifetime sex offender registration requirement in any state [Notice PIH 2012-28]. IRCHSD Policy At the annual reexamination, IRCHSD will ask whether the tenant, or any member of the tenant's household, is subject to a lifetime sex offender registration requirement in any state. IRCHSD may use the Dru Sjodin National Sex Offender database to verify the information provided by the tenant. If the PHA proposes to terminate assistance based on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the tenant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to termination. [24 CFR 5.903(f) and 5.905(d)]. (See Chapter 12.) The information provided by the family generally must be verified in accordance with the policies in Chapter 7. Unless the family reports a change, or the PHA has reason to believe a change has occurred in information previously reported by the family, certain types of information that are verified at admission typically do not need to be re -verified on an annual basis. These include: • Legal identity • Age • Social security number • A person's disability • Citizenship or immigration status If adding a new family member to the unit causes overcrowding according to the space standards (see chapter 8), IRCHSD must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit available for rental by the family, IRCHSD must terminate the HAP contract in accordance with its terms [24 CFR 982.403] 11-1 E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS2[ 4 CFR 982.552(B)(5)1 Section 327 of Public Law 109-115 established new restrictions on the ongoing eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education. If a student enrolled in an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student's eligibility must be reexamined along with the income eligibility of the student's parents on an annual basis. In these cases, both the student and the student's parents must be income eligible for the student to continue to receive HCV assistance. If, however, a student in these circumstances is determined independent from their parents or is considered a vulnerable youth in accordance with PHA policy, the income of the student's parents will not be considered in determining the student's ongoing eligibility. Students who reside with parents in an HCV assisted unit are not subject to this provision. It is limited to students who are receiving assistance on their own, separately from their parents. IRCHSD Policy During the annual reexamination process, IRCHSD will determine the ongoing eligibility of each student who is subject to the eligibility restrictions in 24 CFR 5.612 by reviewing the student's individual income as well as the income of the student's parents. If the student has been determined "independent" from their parents or is considered a vulnerable youth based on the policies in Sections 3-II.E and 7-II.E, the parents' income will not be reviewed. If the student is no longer income eligible based on their own income or the income of their parents, the student's assistance will be terminated in accordance with the policies in Section 12- I.D. pg. 183 264 Administrative Plan Indian River County Housing Services Division If the student continues to be income eligible based on their own income and the income of their parents (if applicable), IRCHSD will process a reexamination in accordance with the policies in this chapter. 11-1 F. EFFECTIVE DATES The PHA must establish policies concerning the effective date of changes that result from an annual reexamination [24 CFR 982.516]. IRCHSD Policy Moves between Re -Examinations When a family moves to another dwelling unit, the annual recertification will be re- scheduled to correspond with the effective date of the new HAP Contract. Any change in family portion will take effect on the effective date of the new lease. Income limits are not used as a test for continued eligibility at recertification. Tenant Rent Increases If tenant rent increases, as the result of an annual reexamination, a 30 -day notice is mailed to the family prior to the scheduled effective date of the annual recertification or update. If less than 30 days are remaining before the scheduled effective date of the annual recertification or update, and the delay is not due caused by the participant, the tenant rent increase will be covered until the first of the month following the 30 -day notice. If there has been a misrepresentation or a material omission by the family, or if the family causes a delay in the re-examination processing, there will be a retroactive increase in rent to the scheduled effective date of the annual recertification. The family will be responsible for any overpaid subsidy and may be offered a repayment agreement in accordance with the policies in chapter 16. Tenant rent decreases If the family causes a delay so that the processing of the re-examination is not complete by the anniversary date, the rent change will be effective on the first day of the month following completion of the re-examination processing by IRCHSD. Delays in reexamination processing are considered to be caused by the family if the family fails to provide information requested by IRCHSD by the date specified, and this delay prevents IRCHSD from completing the reexamination as scheduled. Redetermination of Annual Reexamination Effective Date If IRCHSD chooses to schedule an annual reexamination for completion prior to the family's anniversary date for administrative purposes, the effective date will be determined by IRCHSD. Part II: Interim Reexaminations 1`24 CFR 982.516 11-11 A. OVERVIEW Family circumstances may change between annual reexaminations. HUD and PHA policies dictate what kinds of information about changes in family circumstances must be reported, and under what circumstances the PHA must process interim reexaminations to reflect those changes. HUD regulations also permit the PHA to conduct interim reexaminations of income or family composition at any time. When an interim reexamination is conducted, only those factors that have changed are verified and adjusted [HCV GB, p. 12-10]. In addition to specifying what information the family must report, HUD regulations permit the family to request an interim determination if other aspects of the family's income or composition changes. The PHA must complete the interim reexamination within a reasonable time after the family's request. This part includes HUD and the PHA policies describing what changes families are required to report, what changes families may choose to report, and how the PHA will process both PHA- and family - initiated interim reexaminations. pg. 184 265 Administrative Plan Indian River County Housing Services Division 11 -II B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION The family is required to report all changes in family composition. The PHA must adopt policies prescribing when and under what conditions the family must report changes in income and family composition. However, due to family obligations under the program, the PHA has limited discretion in this area. IRCHSD Policy IRCHSD will conduct interim reexaminations to account for any changes in household composition that occur between annual reexaminations. All changes, e.g., family composition, income, marriage, etc., must be reported to IRCHSD no later than the 18th of the month when the change took place. New Family Members Not Requiring IRCHSD Approval The addition of a family member as a result of birth, adoption, or court -awarded custody does not require PHA approval. However, the family is required to promptly notify the PHA of the addition [24 CFR 982.551(h)(2)]. IRCHSD Policy For additions due to birth, adoption, or court -awarded custody, the family must report the new family member(s) within 10 days of the addition of the new member. New Family and Household Members Requiring Approval With the exception of children who join the family as a result of birth, adoption, or court -awarded custody, a family must request PHA approval to add a new family member [24 CFR 982.551(h)(2)] or another household member (live-in aide or foster child) [24 CFR 982.551(h)(4)]. Although the PHA must verify aspects of program eligibility when any new family member is added, the Streamlining Final Rule removed the requirement that PHAs conduct a reexamination of income whenever a new family member is added. The PHA may state in policy that an income reexamination will be conducted. If a change in family size causes a violation of space standards (see Chapter 8), the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the PHA must terminate the family's HAP contract in accordance with its terms [24 CFR 982.4031. IRCHSD Policy For all household additions other than those additions due to birth, adoption, or court -awarded custody, prior to the person(s) moving into the unit the household must; 1) first receive the landlord's approval of the household member to be added; and 2) after receiving the landlord's approval, receive IRCHSD's approval of the person(s) to be added to the household. This includes any person not on the lease who is expected to stay in the unit for more than 30 consecutive days or 90 cumulative days within a 12 -month period and therefore no longer qualifies as a "guest." Any adult not included on HUD Form 50058 who has been in the unit more than 30 consecutive days without IRCHSD approval, or a total of 90 days in a 12 -month period, will be considered to be living in the unit as an unauthorized household member. In extenuating circumstances, a participant may request an extension of these time periods which IRCHSD will consider on a case-by-case basis. Prospective adult additions must meet all standards for participant acceptance including a previous program compliance history, criminal history, and cannot owe money to any PHA. In addition, the household must continue to qualify for a voucher minimum HAP with the verified income of the modified household, including the additional person. Minors may be added to the household if the subsidized residence will be their primary residence; that is, reside at the residence (at least 51 % of the time). Documents that are acceptable evidence of primary residency include but are not limited to: signed income tax returns, school records, birth certificates, child support payment records, parenting agreements, pg. 185 266 Administrative Plan Indian River County Housing Services Division notarized letters of parents or guardians regarding the residency of the minor, Medicaid or Social Security documentation, other relevant documentation from a state or federal agency, adoption decrees, and court orders. If an inconsistency is found, IRCHSD may require additional documentation, such as proof of custody. If any new family member is added, family income must include any income of the new family member. IRCHSD will conduct an interim re-examination to review such additional income and will make the appropriate adjustments in the Housing Assistance Payment and family unit size. Any new family member claiming to be a U.S. citizen or have eligible immigration status must be declared and verified as required before moving into the unit. Departure of a Family or Household Member Families must promptly notify the PHA if any family member no longer lives in the unit [24 CFR 982.551(h)(3)]. Because household members are considered when determining the family unit (voucher) size [24 CFR 982.402], the PHA also needs to know when any live-in aide, foster child, or foster adult ceases to reside in the unit. IRCHSD Policy Ya household member ceases to reside in the unit, the family must inform IRCHSD within 10 business days. This requirement also applies to a family member who has been considered temporarily absent at the point that the family concludes the individual is permanently absent. If a live-in aide, foster child, or foster adult ceases to reside in the unit, the family must inform IRCHSD within 10 business days. 11 -II C. CHANGES AFFECTING INCOME OR EXPENSES Interim reexaminations can be scheduled either because the PHA has reason to believe that changes in income or expenses may have occurred, or because the family reports a change. When a family reports a change, the PHA may take different actions depending on whether the family reported the change voluntarily, or because it was required to do so. PHA -Initiated Interim Reexaminations PHA -initiated interim reexaminations are those that are scheduled based on circumstances or criteria defined by the PHA. They are not scheduled because of changes reported by the family. IRCHSD Policy IRCHSD will conduct interim reexaminations in each of the following instances: • For families receiving the Earned Income Disallowance (EID), there will be an interim reexamination at the end of the 12 -month phase in and at the conclusion. • If the family has reported zero income, IRCHSD will conduct an interim reexamination every 3 months as long as the family continues to report that they have no income. The family will be required to complete a zero income worksheet and the in-kind and contribution amounts will be used as an income. • If at the time of the annual reexamination, it is not feasible to anticipate a level of income for the next 12 months (e.g. seasonal or cyclic income), IRCHSD will schedule an interim reexamination to coincide with the end of the period for which it is feasible to project income. • If at the time of the annual reexamination, tenant declarations were used on a provisional basis due to the lack of third -party verification, and third -party verification becomes available, IRCHSD will conduct an interim reexamination. • IRCHSD may conduct an interim reexamination at any time in order to correct an error in a previous reexamination, or to investigate a tenant fraud complaint. pg. 186 267 Administrative Plan Indian River County Housing Services Division Family -Initiated Interim Reexaminations The PHA must adopt policies prescribing when and under what conditions the family must report changes in family income or expenses [24 CFR 982.516(c)]. In addition, HUD regulations require that the family be permitted to obtain an interim reexamination any time the family has experienced a change in circumstances since the last determination [24 CFR 982.516(b)(2)]. Required Reporting HUD regulations give the PHA the freedom to determine the circumstances under which families will be required to report changes affecting income. IRCHSD Poli IRCHSD will conduct interim reexaminations in accordance with the Housing Opportunity Through Modernization Act (HOTMA) regulations. Families are required to report all changes in income (both increases and decreases), allowable expenses, and changes in household composition within ten (10) business days of the effective date of the change. Interim reexaminations will be conducted when the PHA becomes aware of an increase or decrease in the family's annual adjusted income that is expected to result in a change of ten percent (10%) or more. Interim reexaminations will not be conducted for increases in earned income unless the family previously received an interim reexamination for a decrease in income during the same annual cycle. The PHA will not conduct an interim for income increases that are reported within the final three months of the family's annual reexamination cycle. For income decreases, IRCHSD will process an interim if the adjusted income is expected to decrease by ten percent (10%) or more, or in cases where the family reports a new job, a change in job type, or a change in income source. Interim reexaminations will also be conducted when a family experiences a reduction in household size due to death or permanent departure. For families eligible for the Earned Income Disallowance (EID), interim reexaminations will be processed when the EID results in a change to the family's share of rent. The effective date for rent decreases resulting from interim reexaminations will be no later than the first day of the month following the date the PHA completes the reexamination. Rent increases resulting from interim reexaminations will take effect on the first of the month following a 30 -day written notice for the family. Optional Reporting The family may request an interim reexamination any time the family has experienced a change in circumstances since the last determination [24 CFR 982.516(b)(2)]. The PHA must process the request if the family reports a change that will result in a reduced family income [HCV GB, p. 12-91. If a family reports a decrease in income from the loss of welfare benefits due to fraud or non-compliance with a welfare agency requirement to participate in an economic self-sufficiency program, the family's share of the rent will not be reduced [24 CFR 5.615]. For more information regarding the requirement to impute welfare income see Chapter 6. IRCHSD Policy Participants may report a decrease in income and other changes which would reduce the amount of tenant rent, such as an increase in allowances or deductions. IRCHSD must calculate the change in tenant rent if a decrease in income is reported or increases in allowances or deductions. Income Changes Resulting from Welfare Program Requirements IRCHSD Policy IRCHSD will not reduce the family share of rent for families whose welfare assistance is reduced due to a "specified welfare benefit reduction," which is a reduction in benefits by the welfare agency specifically because of: • Fraud in connection with the welfare program; or pg. 187 268 Administrative Plan Indian River County Housing Services Division • Non-compliance with a welfare agency requirement to participate in an economic self-sufficiency program. However, IRCHSD will reduce the rent if the welfare assistance reduction is a result of: • The expiration of a lifetime time limit on receiving benefits; • A reduction in welfare assistance resulting from the family's failure to obtain employment, after having complied with welfare program requirements; or • A reduction in welfare assistance resulting from a family member's failure to comply with other welfare agency requirements. Families Affected by Welfare Rules Families are affected by the welfare rules discussed above if they receive benefits for welfare or public assistance from a state or public agency program which requires, as a condition of eligibility to receive assistance, the participation of a family member in an economic self- sufficiency program. Definition of "Imputed Welfare Income" "Imputed welfare income" is the amount of annual income, not actually received by a family, as a result of a specified welfare benefit reduction, that is included in the family's income for purposes of determining rent. The amount of imputed welfare income is determined by IRCHSD, based on written information supplied to IRCHSD by the welfare agency, including: • The amount of the benefit reduction; • The term of the benefit reduction; • The reason for the reduction; and • Subsequent changes in the term or amount of the benefit reduction. The family's annual income will include the imputed welfare income, as determined at the family's annual or interim re-examination, during the term of the welfare benefits reduction specified by the welfare agency. The amount of imputed welfare income will be offset by the amount of additional income the family receives that commences after the sanction was imposed. When additional income from other sources is at least equal to the imputed welfare income, the imputed welfare income will be reduced to zero. If the family was not an assisted resident when the welfare sanction began, imputed welfare income will not be included in annual income. Verification before Denying a Request to Reduce Rent IRCHSD will obtain written verification or verbal phone verification from the welfare agency stating that the family's benefits have been reduced due to fraud or non-compliance with welfare agency economic self-sufficiency or work activity requirements before denying the family's request for rent reduction. IRCHSD will rely on the welfare agency's written notice or verbal phone verification regarding welfare sanctions. Family Dispute of Amount of Imputed Welfare Income If the family disputes the amount of imputed income, the Certification Specialist II along with HCV Manager will review the calculation for accuracy. pg. 188 269 Administrative Plan Indian River County Housing Services Division If IRCHSD denies the family's request to modify the amount, IRCHSD will provide the tenant with a notice of denial, which will include: • An explanation for IRCHSD's determination of the amount of imputed welfare income; • A statement that the tenant may request an informal hearing; and • A statement that the grievance information received from the welfare agency cannot be disputed at the informal hearing, and the issue to be examined at the informal hearing will be IRCHSD's determination of the amount of imputed welfare income, not the welfare agency's determination to sanction the welfare benefits. 11-11 D. PROCESSING THE INTERIM REEXAMINATION Method of Reporting IRCHSD Policy The family may notify IRCHSD of changes either orally or in writing. If the family provides oral notice or written notice, staff will require the family to make an appointment to submit the changes, which will require additional documents. Generally, the family may or may not be required to attend an interview for an interim reexamination. However, if it is determined that an interview is warranted, the family may be required to attend. Based on the type of change reported, the staff will determine the documentation the family will be required to submit. The family must submit any required information or documents within 10 business days of receiving a request from the PHA. This time frame may be extended for good cause with approval. IRCHSD will accept required documentation by mail, by email, by fax, or in person. Effective Dates The PHA must establish the time frames in which any changes that result from an interim reexamination will take effect [24 CFR 982.516(d)]. The changes may be applied either retroactively or prospectively, depending on whether there is to be an increase or a decrease in the family share of the rent, and whether the family reported any required information within the required time frames [HCV GB, p. 12-10]. IRCHSD Policy All participant requests for interim reviews must be submitted either orally or in writing. If the family fails to report a change within 10 business days of the change or fails to provide documentation or signatures in a timely manner at the request of IRCHSD staff, it will be considered untimely reporting. Procedures When the Change is reported in a Timely Manner IRCHSD will notify the family and the owner of any change in the Housing Assistance Payment, which will take effect according to the following guidelines: • Increases in the tenant rent are effective on the first of the month following at least a 30 -day notice; and • Decreases in the tenant rent are effective the first of the month following the month in which the change is reported, within the limitations described above for timely notification of reduced income. In general, rent reductions will not be processed until all the facts have been verified. However, a change may be implemented based on documentation provided by the family, pending third -party written verification. Procedures When the Change is Not Reported by the Family in a Timely Manner The following guidelines will apply: • Increases in tenant rent will be effective retroactive to the date it would have been effective had it been reported on a timely basis. The family will be liable for any overpaid housing assistance and may be required to sign a repayment agreement; and pg. 189 270 Administrative Plan Indian River County Housing Services Division Decreases in tenant rent will be canceled if the family fails to submit all relevant documentation within required timeframes. The family will be required to report the change again when documentation is available. All requests for exceptions to the above standards will be referred to the appropriate Manager for final decision and follow-up. Procedures When the Change is Not Processed by IRCHSD in a Timely Manner "Processed in a timely manner' means that the change goes into effect on the date it should, by policy, when the family reports the change in a timely manner. If the change cannot be made effective on that date, the change is not processed by IRCHSD in a timely manner. In the event that a change is not processed by IRCHSD in a timely manner, an increase will be effective after the required 30 -day notice prior to the first of the month after completion of processing by IRCHSD. If the change resulted in a decrease, the overpayment by the family will be calculated retroactively to the date it should have been effective, and the owner will be credited for the amount the HAP was underpaid. The owner will then be responsible for crediting or reimbursing the family for any rent they overpaid during this period. Part III: Recalculating Family Share and Subsidy Amount 11 -III A. OVERVIEW After gathering and verifying required information for an annual or interim reexamination, the PHA must recalculate the family share of the rent and the subsidy amount and notify the family and owner of the changes [24 CFR 982.516(d)(2), HCV 12-6 and 12-10]. While the basic policies that govern these calculations are provided in Chapter 6, this part lays out policies that affect these calculations during a reexamination. 11 -III B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES In order to calculate the family share of the rent and HAP amount correctly, changes in payment standards, subsidy standards, or utility allowances may need to be updated and included in the PHA's calculations. Specific policies governing how subsidy standards, payment standards, and utility allowances are applied are discussed below. Payment Standards f24 CFR 982.5051 The family share of the rent and HAP calculations must use the correct payment standard for the family, taking into consideration the family unit size, the size of unit, and the area in which the unit is located [HCV GB, p. 12-51. See Chapter 6 for information on how to select the appropriate payment standard. When the PHA changes its payment standards or the family's situation changes, new payment standards are applied at the following times: If the PHA's payment standard amount changes during the term of the HAP contract, the date on which the new standard is applied depends on whether the standard has increased or decreased: • If the payment standard amount has increased, the increased payment standard will be applied at the first annual reexamination following the effective date of the increase in the payment standard. • If the payment standard amount has decreased, during the term of a HAP contract, the PHA is not required to reduce the payment standard as the HAP contract remains in effect. At the family's second annual reexamination, the PHA may, but is not required to, apply the decreased payment standard or may gradually implement the reduced payment standard pg. 190 271 Administrative Plan Indian River County Housing Services Division (See Chapter 6 for the PHA's policy on decreases in the payment standard). • If the family moves to a new unit, or a new HAP contract is executed due to changes in the lease (even if the family remains in place) the current payment standard applicable to the family will be used when the new HAP contract is processed. Subsidy Standards [24 CFR 982.505(c)(4)1 If there is a change in the family unit size that would apply to a family during the HAP contract term, either due to a change in family composition, or a change in the PHA's subsidy standards (see Chapter 5), the family will be notified of the new family unit size at their next annual reexamination. The new family unit size must be used to determine the payment standard amount for the family at the family's first annual reexamination following notification. Utility Allowances [24 CFR 982.517(d)1 The family share of the rent and HAP calculations must reflect any changes in the family's utility arrangement with the owner, or in the PHA's utility allowance schedule [HCV GB, p. 12-5]. Chapter 16 discusses how utility allowance schedules are established. When there are changes in the utility arrangement with the owner, the PHA must use the utility allowances in effect at the time the new lease and HAP contract are executed. At reexamination, the PHA must use the PHA's current utility allowance schedule [HCV GB, p. 18-81. IRCHSD Policv Revised utility allowances will be applied to a family's rent and subsidy calculations at the first reexamination after the allowance is adopted. 11 -III C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT The PHA must notify the owner and family of any changes in the amount of the HAP payment [HUD - 52641, HAP Contract]. The notice must include the following information [HCV GB, p. 12-61: • The amount and effective date of the new HAP payment • The amount and effective date of the new family share of the rent • The amount and effective date of the new tenant rent to owner. The family must be given an opportunity for an informal hearing regarding the PHA's determination of their annual or adjusted income, and the use of such income to compute the housing assistance payment [24 CFR 982.555(a)(1)(i)] (see Chapter 16). IRCHSD Policv The notice to the family will include the annual and adjusted income amounts that were used to calculate the family share of the rent and the housing assistance payment. The notice also will state the procedures for requesting an informal hearing. 11 -III D. DISCREPANCIES During an annual or interim reexamination, the PHA may discover that information previously reported by the family was in error, or that the family intentionally misrepresented information. In addition, the PHA may discover errors made by the PHA. When errors resulting in the overpayment or underpayment of subsidy are discovered, corrections will be made in accordance with the policies in Chapter 13. pg. 191 272 Administrative Plan Indian River County Housing Services Division Chapter 12: Termination of Assistance and Tenancy HUD regulations specify mandatory and optional grounds for which a PHA can terminate a family's assistance. They also specify the circumstances under which an owner may terminate the tenancy of an assisted family. This chapter describes the policies that govern mandatory and optional terminations of assistance, and termination of tenancy by the owner. Part I: Grounds for Termination of Assistance. This part describes the various circumstances under which assistance under the program can be terminated by the family or by IRCHSD. Part II: Approach to Termination of Assistance. This part describes the policies and the process that IRCHSD will use in evaluating decisions on whether to terminate assistance due to actions or inactions of the family where termination is an option. It specifies the alternatives that IRCHSD may consider in lieu of termination, the criteria IRCHSD will use when deciding what action to take, and the steps IRCHSD must take when terminating a family's assistance. Part III: Termination of Tenancy by the Owner. This part describes the HUD policies that govern the owner's right to terminate an assisted tenancy. Part I: Grounds for Termination of Assistance 12-1 A. OVERVIEW HUD requires the PHA to terminate assistance for certain actions and inactions of the family and when the family no longer requires assistance due to increases in family income. HUD permits the PHA to terminate assistance for certain other actions or inactions of the family. In addition, a family may decide to withdraw from the program and terminate their HCV assistance at any time by notifying the PHA. 12-1 B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455] As a family's income increases, the amount of the housing assistance payment decreases. If the amount of assistance provided by the PHA is reduced to zero, the family's assistance terminates automatically 180 days after the last HAP payment. IRCHSD Policy If a participating family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner, the family must notify IRCHSD of the change and request an interim reexamination before the expiration of the 180 -day period. 12-1 C. FAMILY CHOOSES TO TERMINATE ASSISTANCE The family may request that the PHA terminate housing assistance payments on behalf of the family at any time. IRCHSD Policy The request to terminate assistance should be made in writing and signed by the head of household, and spouse or cohead if applicable. Before terminating the family's assistance, IRCHSD will follow the notice requirements in Section 12-II.F. 12-1 D. HOUSING ASSURANCE OPTION IRCHSD Policy IRCHSD does not administer a Housing Assurance Option. 12-1 E. MANDATORY TERMINATION OF ASSISTANCE HUD requires the PHA to terminate assistance in the following circumstances. Eviction 124 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)1 The PHA must terminate assistance whenever a family is evicted from a unit assisted under the PHA Program for a serious or repeated violation of the lease. As discussed further in section 12-I1. E, incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking. pg. 192 273 Administrative Plan Indian River County Housing Services Division IRCHSD Policy A family will be considered evicted if the family moves after a legal eviction order has been issued, whether or not physical enforcement of the order was necessary. If a family moves after the owner has given the family an eviction notice for serious or repeated lease violations but before a legal eviction order has been issued, termination of assistance is not mandatory. In such cases IRCHSD will determine whether the family has committed serious or repeated violations of the lease based on available evidence and may terminate assistance or take any of the alternative measures described in section 12II.C. In making its decision, IRCHSD will consider the factors described in sections 12 -II. D and 12-II.E. Upon consideration of such factors, IRCHSD may, on a case-by-case basis, choose not to terminate assistance. Serious and repeated lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Failure to Provide Consent [24 CFR 982.552(b)(3)1 The PHA must terminate assistance if any family member fails to sign and submit any consent form they are required to sign for a regular or interim reexamination. See Chapter 7 for a complete discussion of consent requirements. Failure to Document Citizenship [ 4 CFR 982.552(b)(4) and [24 CFR 5.514(c)1 The PHA must terminate assistance if (1) a family fails to submit required documentation within the required timeframe concerning any family member's citizenship or immigration status; (2) a family submits evidence of citizenship and eligible immigration status in a timely manner, but United States Citizenship and Immigration Services (USCIS) primary and secondary verification does not verify eligible immigration status of the family; or (3) a family member, as determined by the PHA, has knowingly permitted another individual who is not eligible for assistance to reside (on a permanent basis) in the unit. For (3) above, such termination must be for a period of at least 24 months. This does not apply to ineligible noncitizens already in the household where the family's assistance has been prorated. See Chapter 7 for a complete discussion of documentation requirements. Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2018-241 The PHA must terminate assistance if a participant family fails to disclose the complete and accurate social security numbers of each household member and the documentation necessary to verify each social security number. However, if the family is otherwise eligible for continued program assistance, and the PHA determines that the family's failure to meet the SSN disclosure and documentation requirements was due to circumstances that could not have been foreseen and were outside of the family's control, the PHA may defer the family's termination and provide the opportunity to comply with the requirement within a period not to exceed 90 calendar days from the date the PHA determined the family to be noncompliant. IRCHSD Folic ", IRCHSD will defer the family's termination and provide the family with the opportunity to comply with the requirement for a period of 90 calendar days for circumstances beyond the participant's control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency, if there is a reasonable likelihood that the participant will be able to disclose an SSN by the deadline. Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)1 The PHA must terminate assistance if any household member has ever been convicted of the manufacture or production of methamphetamine on the premises of federally -assisted housing. pg. 193 274 Administrative Plan Indian River County Housing Services Division Lifetime Registered Sex Offenders [Notice PIH 2012-281 Should a PHA discover that a member of an assisted household was subject to a lifetime registration requirement at admission and was erroneously admitted after June 25, 2001, the PHA must immediately terminate assistance for the household member. In this situation, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must terminate assistance for the household. Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06] If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have dependent children, is not residing with their parents in an HCV assisted household, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the PHA must the terminate the student's assistance if, at the time of reexamination, either the student's income or the income of the student's parents (if applicable) exceeds the applicable income limit. If a participant household consists of both eligible and ineligible students, the eligible students shall not be terminated but must be issued a voucher to move with continued assistance in accordance with program regulations and PHA policies, or must be given the opportunity to lease in place if the terminated ineligible student members elect to move out of the assisted unit. Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-91 The PHA must immediately terminate program assistance for deceased single member households. 12-1 F. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS Mandatory Policies [24 CFR 982.553(b) and 982.551(1)1 HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the PHA determines that: • Any household member is currently engaged in any illegal use of a drug, or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents • Any household member's abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents • Any household member has violated the family's obligation not to engage in any drug-related criminal activity • Any household member has violated the family's obligation not to engage in violent criminal activity Use of Illegal Drugs and Alcohol Abuse IRCHSD Policy IRCHSD will terminate a family's assistance if any household member is currently engaged in any illegal use of a drug or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. IRCHSD will terminate assistance if any household member's abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents. Currently engaged in is defined as any use of illegal drugs during the previous six months. IRCHSD will consider all credible evidence, including but not limited to, any record of arrests, convictions, or eviction of household members related to the use of illegal drugs or abuse of alcohol. A record of arrest(s) will not be used as the basis for the termination or proof that the participant engaged in disqualifying criminal activity, pg. 194 275 Administrative Plan Indian River County Housing Services Division In making its decision to terminate assistance, staff will consider alternatives as described in Section 12-II.0 and other factors described in Sections 12 -ILD and 12-II.E. Upon consideration of such alternatives and factors, the staff may, on a case-by-case basis, choose not to terminate assistance. Drug -Related and Violent Criminal Activity (24 CFR 5.1001 Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug-related criminal activity is defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. IRCHSD f oh!l y IRCHSD will terminate a family's assistance if any household member has violated the family's obligation not to engage in any drug-related or violent criminal activity during participation in the PHA Program. IRCHSD will consider all credible evidence, including but not limited to, any record of arrests and/or convictions of household members related to drug-related or violent criminal activity, and any eviction or notice to evict based on drug-related or violent criminal activity. A record of arrest(s) will not be used as the basis for the termination or proof that the participant engaged in disqualifying criminal activity. In making its decision to terminate assistance, the staff will consider alternatives as described in Section 12-II.0 and other factors described in Sections 12 -ILD and 12-II.E. Upon consideration of such alternatives and factors, they may, on a case-by-case basis, choose not to terminate assistance. Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c). 24 CFR 984.101(d)1 HUD permits the PHA to terminate assistance under a number of other circumstances. It is left to the discretion of the PHA whether such circumstances in general warrant consideration for the termination of assistance. As discussed further in section 12 -II. E, the Violence against Women Act of 2013 explicitly prohibits PHAs from considering incidents of, or criminal activity directly related to, domestic violence, dating violence, sexual assault, or stalking as reasons for terminating the assistance of a victim of such abuse. Additionally, per 24 CFR 984.101(d), PHAs are no longer permitted to terminate assistance to a family due to the family's failure to meet its obligations under the Family Self -Sufficiency (FSS) contract of participation. IRCHSD Policy IRCHSD may terminate a family's assistance if: • The family has failed to comply with any family obligations under the program. See Exhibit 12-1 for a listing of family obligations and related PHA policies. • Discovery of facts after admission that would have made the resident ineligible for the program. Discovery of materially false statements or representations by the resident. • Any family member has been evicted from federally assisted housing in the last ten years. • Any PHA has ever terminated assistance under the program for any member of the family. pg. 195 276 Administrative Plan Indian River County Housing Services Division • Any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program. • The family currently owes rent or other amounts to any PHA in connection with Section 8 or public housing assistance under the 1937 Act. • The family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease. • The family has breached the terms of a repayment agreement entered into with IRCHSD. • A family member has engaged in or threatened violent or abusive behavior toward IRCHSD personnel. Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. Threating refers to oral or written threats or physical gestures that communicate with the intent to abuse or commit violence. In making its decision to terminate assistance, IRCHSD will consider alternatives as described in Section 12-II.0 and other factors described in Sections 12 -II. D and 12-II.E. Upon consideration of such alternatives and factors, IRCHSD may, on a case-by-case basis, choose not to terminate assistance. Family Absence from the Unit [24 CFR 982.3121 The family may be absent from the unit for brief periods. The PHA must establish a policy on how long the family may be absent from the assisted unit. However, the family may not be absent from the unit for a period of more than 180 consecutive calendar days for any reason. Absence in this context means that no member of the family is residing in the unit. IRCHSD Policy If the entire family is absent from a contracted unit for more than 180 consecutive days or if IRCHSD otherwise determines that the unit has been vacated or abandoned, the unit will be considered to be vacated, and the program participation will be terminated. Notice of termination will be sent in accordance with Section 12-II.F. Insufficient Funding [24 CFR 982.4541 The PHA may terminate HAP contracts if the PHA determines, in accordance with HUD requirements, that funding under the consolidated ACC is insufficient to support continued assistance for families in the program. IRCHSD 1�;;olicv IRCHSDwill determine whether there is sufficient funding to pay for currently assisted families according to the policies in Part VIII of Chapter 16. If IRCHSD determines there is a shortage of funding, prior to terminating any HAP contracts, IRCHSD will determine if any other actions can be taken to reduce program costs. If after implementing all reasonable cost cutting measures there is not enough funding available to provide continued assistance for current participants, IRCHSD will terminate HAP contracts as a last resort. Prior to terminating any HAP contracts, IRCHSD will inform the local HUD field office. IRCHSD will terminate the minimum number needed in order to reduce HAP costs to a level within IRCHSD's annual budget authority. If IRCHSD must terminate HAP contracts due to insufficient funding, IRCHSD will do so in accordance with the following criteria: pg. 196 277 Administrative Plan Indian River County Housing Services Division 1. Non -elderly, non -disabled single member families; 2. Non -elderly, non -disabled families with no children under the age of 18; 3. Non -elderly, non -disabled families with children under the age of 18. In the event that IRCHSD anticipates or is informed of federal appropriations reductions in Housing Choice Vouchers that would affect IRCHSD's allocation, IRCHSD will seek to convene a meeting with HUD and affordable housing stakeholders to inform them of potential consequences and to receive input on any additional strategies to adapt to a reduced appropriation level. Part 11: Approach to Termination of Assistance 12-11 A. OVERVIEW The PHA is required by regulation to terminate a family's assistance for certain actions or inactions of the family. For other types of actions or inactions of the family, the regulations give the PHA the authority to either terminate the family's assistance or to take another action. This part discusses the various actions the PHA may choose to take when it has discretion and outlines the criteria the PHA will use to make its decision about whether or not to terminate assistance. It also specifies the requirements for the notification to the family of the PHA's intent to terminate assistance. 12 -II B. METHOD OF TERMINATION [24 CFR 982.552(A)(3)1 Termination of assistance for a participant may include any or all of the following: • Terminating housing assistance payments under a current HAP contract, • Refusing to enter into a new HAP contract or approve a lease, or • Refusing to process a request for or to provide assistance under portability procedures. 12-11 C. ALTERNATIVES TO TERMINATION OF ASSISTANCE Change in Household Composition As a condition of continued assistance, the PHA may require that any household member who participated in or was responsible for an offense no longer resides in the unit [24 CFR 982.552(c)(2)(ii)]. IRCHSD Policy As a condition of continued assistance, the head of household must certify that the culpable family member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former family member's current address upon request. IRCHSD has zero tolerance for any violent and/or drug related incidents and will not allow the family continued assistance if anyone commits a violent act or is engaging in any drug activity. Repayment of Family Debts IRCHSD Policy If a family owes amounts to IRCHSD, as a condition of continued assistance, IRCHSD will require the family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice from IRCHSD of the amount owed. See Chapter 16 for policies on repayment agreements. 12 -II D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE Evidence For criminal activity, HUD permits the PHA to terminate assistance if a preponderance of the evidence indicates that a household member has engaged in the activity, regardless of whether the household member has been arrested or convicted [24 CFR 982.553(c)]. IRCHSD Policy IRCHSD will use the concept of the preponderance of the evidence as the standard for making all termination decisions. If the family requests a hearing, IRCHSD shall be required to establish, by a preponderance of the evidence, that a termination for criminal activity is justified. IRCHSD may terminate pg. 197 278 Administrative Plan Indian River County Housing Services Division assistance whether the household member has been arrested or convicted for such activity or not. "Preponderance of evidence" is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. The intent is not to prove criminal liability, but to establish that the act(s) occurred. Preponderance of evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. "Credible evidence" may be obtained from police and/or court records. Testimony from neighbors, when combined with other factual evidence can be considered credible evidence. Other credible evidence includes documentation of drug raids or arrest warrants. Consideration of Circumstances [24 CFR 982.552(c)(2)(i)1 The PHA is permitted, but not required, to consider all relevant circumstances when determining whether a family's assistance should be terminated. IRCHSD Policy IRCHSD will consider the following facts and circumstances when making its decision to terminate assistance: • The seriousness of the case, especially with respect to how it would affect other residents' safety or property. • The effects that termination of assistance may have on other members of the family who were not involved in the action or failure to act. • The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities or (as discussed further in section 12-II.E) a victim of domestic violence, dating violence, sexual assault or stalking. • The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family's recent history and the likelihood of favorable conduct in the future. While a record of arrest(s) will not be used as the basis for termination, an arrest may, however, trigger an investigation to determine whether the participant actually engaged in disqualifying criminal activity. As part of its investigation, staff may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. IRCHSD may also consider: • Any statements made by witnesses or the participant not included in the police report • Whether criminal charges were filed • Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal • Any other evidence relevant to determining whether or not the participant engaged in disqualifying activity Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property. In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully. IRCHSD will require the participant to submit evidence of the household member's current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or pg. 198 279 Administrative Plan Indian River County Housing Services Division evidence of otherwise having been rehabilitated successfully. In the case of program abuse, the dollar amount of the overpaid assistance and whether or not a false certification was signed by the family. Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)1 If the family includes a person with disabilities, the PHA's decision to terminate the family's assistance is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. IRCHSD Policy If termination is based upon behavior resulting from a disability and IRCHSD receives a request for a reasonable accommodation, IRCHSD will delay a decision on the denial or termination pending a decision on the request for reasonable accommodation. IRCHSD will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed termination of assistance. See Chapter 2 for a discussion of reasonable accommodation. Option Not to Terminate for Misrepresentation [24 CFR 982.551, 982.552(c)1 If the family has misrepresented any facts that caused the PHA to overpay assistance, the PHA may terminate assistance or offer to continue assistance provided that the family executes a repayment agreement and makes payments in accordance with the agreement and/or reimburses the PHA in full. 12 -II E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING This section describes the protections against termination of assistance that the Violence against Women Act of 2013 (VAWA) provides for victims of domestic violence, dating violence, sexual assault and stalking. For general VAWA requirements, key VAWA definitions, and PHA policies pertaining to notification, documentation, and confidentiality, see section 16 -IX of this plan. VAWA Protections against Termination VAWA provides four specific protections against termination of HCV assistance for victims of domestic violence, dating violence, sexual assault or stalking. (Note: The second, third, and fourth protections also apply to termination of tenancy or occupancy by owners participating in the PHA Program, as do the limitations discussed under the next heading.) First, VAWA provides that a PHA may not terminate assistance to a family that moves out of an assisted unit in violation of the lease, with or without prior notification to the PHA, if the move occurred to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault or stalking and who reasonably believed they were imminently threatened by harm from further violence if they remained in the unit [24 CFR 982.354(b)(4)]. Second, it provides that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking may not be construed either as a serious or repeated lease violation by the victim or as good cause to terminate the assistance of the victim [24 CFR 5.2005(c)(1)]. Third, it provides that criminal activity directly related to domestic violence, dating violence, sexual assault or stalking may not be construed as cause for terminating the assistance of a tenant if a member of the tenant's household, a guest, or another person under the tenant's control is the one engaging in the criminal activity and the tenant or affiliated individual or other individual is the actual or threatened victim of the domestic violence, dating violence, or stalking [24 CFR 5.2005(c)(2)]. Fourth, it gives PHAs the authority to terminate assistance to any tenant or lawful occupant who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)]. Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)1 VAWA does not limit the authority of a PHA to terminate the assistance of a victim of abuse for reasons unrelated to domestic violence, dating violence, sexual assault or stalking so long as the PHA does not pg. 199 280 Administrative Plan Indian River County Housing Services Division subject the victim to a more demanding standard than it applies to other program participants [24 CFR 5.2005(d)(1)]. Likewise, VAWA does not limit the authority of a PHA to terminate the assistance of a victim of domestic violence, dating violence, sexual assault or stalking if the PHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the assisted property if the victim is not terminated from assistance [24 CFR 5.2005(d)(2)]. HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in death or serious bodily harm [24 CFR 5.2005(d)(2) and (e)]. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: • The duration of the risk • The nature and severity of the potential harm • The likelihood that the potential harm will occur • The length of time before the potential harm would occur [24 CFR 5.2005(e)] In order to demonstrate an actual and imminent threat, the PHA must have objective evidence of words, gestures, actions, or other indicators. Even when a victim poses an actual and imminent threat, however, HUD regulations authorize a PHA to terminate the victim's assistance "only when there are no other actions that could be taken to reduce or eliminate the threat" [24 CFR 5.2005(d)(3)]. IRCHSD Policy In determining whether a program participant who is a victim of domestic violence, dating violence, sexual assault or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a property, IRCHSD will consider the following, and any other relevant, factors: • Whether the threat is toward an employee or tenant other than the victim of domestic violence, dating violence, sexual assault or stalking • Whether the threat is a physical danger beyond a speculative threat • Whether the threat is likely to happen within an immediate time frame • Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location or seeking a legal remedy to prevent the perpetrator from acting on the threat If the participant wishes to contest IRCHSD's determination that they are an actual and imminent threat to other tenants or employees, the participant may do so as part of the informal hearing. Documentation of Abuse [24 CFR 5.20071 IRCHSD Policy When an individual facing termination of assistance for reasons related to domestic violence, dating violence, sexual assault or stalking claims protection under VAWA, IRCHSD will request that the individual provide documentation supporting the claim in accordance with the policies in section 16-IX.D of this plan. IRCHSD reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the individual will suffice. In such cases IRCHSD will document the waiver in the individual's file. Terminating the Assistance of a Domestic Violence Perpetrator Although VAWA provides protection against termination of assistance for victims of domestic violence, it does not provide such protection for perpetrators. VAWA gives the PHA the explicit authority to "terminate pg. 200 281 Administrative Plan Indian River County Housing Services Division assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others" without terminating assistance to "or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant" [24 CFR 5.2009(a)]. This authority is not dependent on a bifurcated lease or other eviction action by an owner against an individual family member. Further, this authority supersedes any local, state, or other federal law to the contrary. However, if the PHA chooses to exercise this authority, it must follow any procedures prescribed by HUD or by applicable local, state, or federal law regarding termination of assistance. This means that the PHA must follow the same rules when terminating assistance to an individual as it would when terminating the assistance of an entire family [3/16/07 Federal Register notice on the applicability of VAWA to HUD programs]. If the perpetrator remains in the unit, the PHA continues to pay the owner until the PHA terminates the perpetrator from the program. The PHA must not stop paying HAP until 30 days after the owner bifurcates the lease to evict the perpetrator. The PHA may pay HAP for the full month if the 30 -day period will end mid -month [Notice PIH 2017-08]. If the perpetrator is the only participant eligible to receive assistance, the PHA will provide any remaining participant with a chance to establish eligibility for the program. If the remaining participant cannot do so, the PHA will provide them with 30 days to establish eligibility for another housing program prior to termination of the HAP contract. IRCHSD Policy IRCHSD will terminate assistance to a family member if IRCHSD determines that the family member has committed criminal acts of physical violence against other family members or others. This action will not affect the assistance of the remaining, nonculpable family members. In making its decision, IRCHSD will consider all credible evidence, including, but not limited to, a signed certification (form HUD -5382) or other documentation of abuse submitted to IRCHSD by the victim in accordance with this section and section 161X.D. IRCHSD will also consider the factors in section 12-II.D. Upon such consideration, IRCHSD may, on a case-by-case basis, choose not to terminate the assistance of the culpable family member. If IRCHSD does terminate the assistance of the culpable family member, it will do so in accordance with applicable law, HUD regulations, and the policies in this plan. 12 -II F. TERMINATION NOTICE HUD regulations require PHAs to provide written notice of termination of assistance to a family only when the family is entitled to an informal hearing. However, since the family's HAP contract and lease will also terminate when the family's assistance terminates [form HUD -526411, it is a good business practice to provide written notification to both owner and family anytime assistance will be terminated, whether voluntarily or involuntarily. IWCH D P�ic In any case where IRCHSD decides to terminate assistance to the family, IRCHSD must give the family written notice which states: • The reason(s) for the proposed termination; • The effective date of the proposed termination; • The family's right, if they disagree, to request a hearing to be held before assistance is terminated; and • The date by which a request for a hearing must be received by IRCHSD. • IRCHSD's obligation to report debts owed and reason for termination to HUD via the Enterprise Income Verification system. A copy of HUD Form -52675 shall also be provided. pg. 201 282 Administrative Plan Indian River County Housing Services Division IRCHSD will simultaneously provide written notice of the contract termination to the owner so that it will coincide with the termination of assistance. The notice to the owner will not include any details regarding the reason for termination of assistance. If a family whose assistance is being terminated is entitled to an informal hearing, the notice of termination that IRCHSD sends to the family must meet the additional HUD and IRCHSD notice requirements discussed in section 16-III.0 of this plan. VAWA 2013 expands notification requirements to require PHAs to provide notice of VAWA rights and the HUD 5382 form when a PHA terminates a household's housing benefits. IRCHSD Policy Whenever IRCHSD decides to terminate a family's assistance because of the family's action or failure to act, IRCHSD will include in its termination notice the VAWA information described in section 16-IX.0 of this plan and a form HUD -5382 and form HUD -5380. IRCHSD will request in writing that a family member wishing to claim protection under VAWA notify IRCHSD within 14 business days. Still other notice requirements apply in two situations: • If a criminal record is the basis of a family's termination, IRCHSD must provide a copy of the record to the subject of the record and the tenant so that they have an opportunity to dispute the accuracy and relevance of the record [24 CFR 982.553(d)(2)]. • If immigration status is the basis of a family's termination, as discussed in section 12- I.D, the special notice requirements in section 16-III.D must be followed. Part III: Termination of Tenancy by the Owner 12 -III A. OVERVIEW Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not directly involved. However, the owner is under some constraints when terminating an assisted tenancy. Termination of tenancy for certain reasons will also result in termination of assistance as discussed in this section. 12 -III B.GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310, 24 CFR 5.2005(C), AND FORM HUD -52641-A, TENANCY ADDENDUM] During the term of the lease, the owner is not permitted to terminate the tenancy except for serious or repeated violations of the lease, certain violations of state or local law, or other good cause. Serious or Repeated Lease Violations The owner is permitted to terminate the family's tenancy for serious or repeated violations of the terms and conditions of the lease, except when the violations are related to incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking and the victim is protected from eviction by the Violence against Women Act of 2013 (see section 12-II.E). A serious lease violation includes failure to pay rent or other amounts due under the lease. However, the PHA's failure to make a HAP payment to the owner is not a violation of the lease between the family and the owner. Violation of Federal, State, or Local Law The owner is permitted to terminate the tenancy if a family member violates federal, state, or local law that imposes obligations in connection with the occupancy or use of the premises. Criminal Activity or Alcohol Abuse The owner may terminate tenancy during the term of the lease if any covered person—meaning any member of the household, a guest, or another person under the tenant's control—commits any of the following types of criminal activity (for applicable definitions see 24 CFR 5.100): pg. 202 283 Administrative Plan Indian River County Housing Services Division • Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises) • Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises • Any violent criminal activity on or near the premises • Any drug-related criminal activity on or near the premises However, in the case of criminal activity directly related to domestic violence, dating violence, sexual assault or stalking, if the tenant or an affiliated individual is the victim, the criminal activity may not be construed as cause for terminating the victim's tenancy (see section 12-II.E). The owner may terminate tenancy during the term of the lease if any member of the household is: • Fleeing to avoid prosecution, custody, or confinement after conviction for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or • Violating a condition of probation or parole imposed under federal or state law. The owner may terminate tenancy during the term of the lease if any member of the household has engaged in abuse of alcohol that threatens health, safety, or right to peaceful enjoyment of the premises by other residents. Evidence of Criminal Activity The owner may terminate tenancy and evict by judicial action a family for criminal activity by a covered person if the owner determines the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction. This is the case except in certain incidents where the criminal activity directly relates to domestic violence, dating violence, sexual assault, or stalking, and the tenant or an affiliated individual is the victim or threatened victim of the domestic violence, dating violence, sexual assault, or stalking. Other Good Cause During the initial lease term, the owner may not terminate the tenancy for `other good cause" unless the owner is terminating the tenancy because of something the family did or failed to do. During the initial lease term or during any extension term, other good cause includes the disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises. After the initial lease term, "other good cause" for termination of tenancy by the owner includes: • Failure by the family to accept the offer of a new lease or revision • The owner's desire to use the unit for personal or family use, or for a purpose other than as a residential rental unit • A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to lease the unit at a higher rent). After the initial lease term, the owner may give the family notice at any time, in accordance with the terms of the lease. 12 -III C.EVICTION [24 CFR 982.310(E) AND (F) AND FORM HUD -52641-A, TENANCY ADDENDUM] The owner must give the tenant a written notice that specifies the grounds for termination of tenancy during the term of the lease. The tenancy does not terminate before the owner has given this notice, and the notice must be given at or before commencement of the eviction action. pg. 203 284 Administrative Plan Indian River County Housing Services Division The notice of grounds may be included in, or may be combined with, any owner eviction notice to the tenant. Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under state or local law to commence an eviction action. The owner may only evict the tenant from the unit by instituting a court action. The owner must give the PHA a copy of any eviction notices at the same time the owner notifies the family. The family is also required to give the PHA a copy of any eviction notice (see Chapter 5). IRCHSD Policy If the owner wishes to terminate the lease, the owner must provide proper written notice as stated in the lease, at or before the commencement of the eviction action, specifying the grounds for termination of tenancy. The owner eviction notice includes any notice to vacate, or a complaint, or other initial pleading used under state or local law to commence an eviction action. IRCHSD requires that the owner specify the section of the lease that has been violated and cite some or all of the ways in which the tenant has violated that section, as documentation for IRCHSD's decision regarding termination of assistance. If the eviction action is finalized in court, the owner must provide IRCHSD with documentation related to the eviction, including notice of the eviction date, as soon as possible, but no later than 5 business days following the court-ordered eviction. 12 -III D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(H), 24 CFR 982.310(H)(4)] An owner who has grounds to terminate a tenancy is not required to do so, and may consider all of the circumstances relevant to a particular case before making a decision. These might include: • The nature of the offending action • The seriousness of the offending action; • The effect on the community of the termination, or of the owner's failure to terminate the tenancy; • The extent of participation by the leaseholder in the offending action; • The effect of termination of tenancy on household members not involved in the offending activity; • The demand for assisted housing by families who will adhere to lease responsibilities; • The extent to which the leaseholder has shown personal responsibility and taken all reasonable steps to prevent or mitigate the offending action; • The effect of the owner's action on the integrity of the program. The owner may require a family to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for action or failure to act that warrants termination. In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by a household member who is no longer engaged in such behavior, the owner may consider whether such household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. 13661). For this purpose, the owner may require the tenant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully. The owner's termination of tenancy actions must be consistent with the fair housing and equal opportunity provisions in 24 CFR 5.105. An owner's decision to terminate tenancy for incidents related to domestic violence, dating violence, sexual assault or stalking is limited by the Violence against Women Act of 2013 (VAWA) and the conforming regulations in 24 CFR Part 5, Subpart L. (See section 12-II.E.) pg. 204 285 Administrative Plan Indian River County Housing Services Division 12-111 E. EFFECT OF TENANCY TERMINATION ON THE FAMILY'S ASSISTANCE If an eviction is not due to a serious or repeated violation of the lease, and if the PHA has no other grounds for termination of assistance, the PHA may issue a new voucher so that the family can move with continued assistance (see Chapter 10). pg. 205 286 Administrative Plan Indian River County Housing Services Division EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS Following is a listing of a participant family's obligations under the PHA Program: • The family must supply any information that the PHA or HUD determines to be necessary, including submission of required evidence of citizenship or eligible immigration status. • The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition. • The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information. • Any information supplied by the family must be true and complete. • The family is responsible for any Housing Quality Standards (HQS) breach by the family caused by failure to pay tenant -provided utilities or appliances, or damages to the dwelling unit or premises beyond normal wear and tear caused by any member of the household or guest. IRCHSD Policy Damages beyond normal wear and tear will be considered to be damages which could be assessed against the security deposit. • The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan. • The family must not commit any serious or repeated violation of the lease. IRCHSD Polio IRCHSD will determine if a family has committed serious or repeated violations of the lease based on available evidence, including but not limited to, a court-ordered eviction or an owner's notice to evict, police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge. Serious and repeated lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises, and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault or stalking will not be construed as serious or repeated lease violations by the victim [24 CFR 5.2005(c)(1)]. • The family must notify the PHA and the owner before moving out of the unit or terminating the lease. IRCHSD Policy The family must comply with lease requirements regarding written notice to the owner. The family must provide written notice to IRCHSD at the same time the owner is notified. The family must promptly give the PHA a copy of any owner eviction notice. The family must use the assisted unit for residence by the family. The unit must be the family's only residence. The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly notify the PHA in writing of the birth, adoption, or court - awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit. pg. 206 287 Administrative Plan Indian River County Housing Services Division IRCHSD Policy The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. IRCHSD will determine eligibility of the new member in accordance with the policies in Chapter 3. • The family must promptly notify the PHA in writing if any family member no longer lives in the unit. • If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live-in aide, and to define when PHA consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (Sections IX and LM), and Chapter 11 (Section II.B). • The family must not sublease the unit, assign the lease, or transfer the unit. IRCHSD olig Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit who is not listed as a family member. • The family must supply any information or certification requested by the PHA to verify that the family is living in the unit, or relating to family absence from the unit, including any PHA -requested information or certification on the purposes of family absences. The family must cooperate with IRCHSD for this purpose. • The family must promptly notify the PHA when the family is absent from the unit. IRCHSD Policy Notice is required under this provision only when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. Written notice must be provided to IRCHSD at the start of the extended absence. • The family must pay utility bills and provide and maintain any appliances that the owner is not required to provide under the lease [Form HUD -52646, Voucher]. • The family must not own or have any interest in the unit, (other than in a cooperative and owners of a manufactured home leasing a manufactured home space). • Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program. (See Chapter 14, Program Integrity for additional information). • Family members must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for HUD and PHA policies related to drug-related and violent criminal activity. • Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse. • An assisted family or member of the family must not receive PHA Program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program. • A family must not receive PHA Program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. [Form HUD -52646, Voucher] pg. 207 , Administrative Plan Indian River County Housing Services Division Chapter 13: Owners Owners play a major role in the PHA Program by supplying decent, safe, and sanitary housing for participating families. The term "owner" refers to any person or entity with the legal right to lease or sublease a unit to a participant in the PHA Program [24 CFR 982.4(b)]. The term "owner" includes a principal or other interested party [24 CFR 982.453; 24 CFR 982.306(f)], such as a designated agent of the owner. Owners have numerous responsibilities under the program, including screening and leasing to families, maintaining the dwelling unit, enforcing the lease, and complying with various contractual obligations. The chapter is organized in two parts: Part I: Owners in the PHA Program. This part discusses the role of an owner in the PHA's PHA Program and highlights key owner rights and responsibilities. Part II: HAP Contracts. This part explains provisions of the HAP contract and the relationship between the PHA and the owner as expressed in the HAP contract. For detailed information about PHA Program responsibilities and processes, including PHA policies in key areas, owners will need to refer to several other chapters in this plan. Where appropriate, Chapter 13 will reference the other chapters. Part I: Owners in the PHA Program 13-1 A. OWNER RECRUITMENT AND RETENTION [HCV GB, PP. 2-4 TO 2-6] Recruitment PHAs are responsible for ensuring that very low income families have access to all types and ranges of affordable housing in the PHA's jurisdiction, particularly housing outside areas of poverty or minority concentration. A critical element in fulfilling this responsibility is for the PHA to ensure that a sufficient number of owners, representing all types and ranges of affordable housing in the PHA's jurisdiction, are willing to participate in the PHA Program. To accomplish this objective, PHAs must identify and recruit new owners to participate in the program. IRCHSD Policy IRCHSD will conduct owner outreach to ensure that owners are familiar with the program and its advantages. Will actively recruit property owners with property located outside areas of poverty and minority concentration. These outreach strategies will include: • Distributing printed material about the program to property owners and managers • Contacting property owners and managers by phone or in-person • Holding owner recruitment/information meetings at least once a year • Participating in community based organizations comprised of private property and apartment owners and managers • Developing working relationships with owners and real estate brokers associations Outreach strategies will be monitored for effectiveness and adapted accordingly. Retention In addition to recruiting owners to participate in the PHA Program, the PHA must also provide the kind of customer service that will encourage participating owners to remain active in the program. pg. 208 289 Administrative Plan Indian River County Housing Services Division IRCHSD Policy All IRCHSD activities that may affect an owner's ability to lease a unit will be processed as rapidly as possible, in order to minimize vacancy losses for owners. IRCHSD will provide owners with a document that explains the program, including HUD and PHA policies and procedures, in easy -to -understand language. IRCHSD will give special attention to helping new owners succeed through activities that may include: • Providing the owner with a designated PHA contact person. • Coordinating inspection and leasing activities between IRCHSD, the owner, and the family. • Initiating contact with the owner to explain the inspection process and providing information and other resource materials about HUD housing quality standards. • Providing other written information about how the program operates, including answers to frequently asked questions. Additional services may be undertaken on an as -needed basis, and as resources permit. 13-1 B. BASIC PHA Program REQUIREMENTS HUD requires the PHA to assist families in their housing search by providing the family with a list of landlords or other parties known to the PHA who may be willing to lease a unit to the family, or to help the family find a unit. Although the PHA cannot maintain a list of owners that are pre -qualified to participate in the program, owners may indicate to the PHA their willingness to lease a unit to an eligible HCV family, or to help the HCV family find a unit [24 CFR 982.301(b)(11)]. IRCHSC Poiicv Owners that wish to indicate their willingness to lease a unit to an eligible HCV family or to help the HCV family find a unit must notify the IRCHSD and the staff will maintain a listing of such owners and provide this listing to the HCV family as part of the informational briefing packet. When a family approaches an owner to apply for tenancy, the owner is responsible for screening the family and deciding whether to lease to the family, just as the owner would with any potential unassisted tenant. The PHA has no liability or responsibility to the owner or other persons for the family's behavior or suitability for tenancy. See chapters 3 and 9 for more detail on tenant family screening policies and process. If the owner is willing, the family and the owner must jointly complete a Request for Tenancy Approval (RTA, Form HUD 52517), which constitutes the family's request for assistance in the specified unit, and which documents the owner's willingness to lease to the family and to follow the program's requirements. When submitted to the PHA, this document is the first step in the process of obtaining approval for the family to receive the financial assistance it will need in order to occupy the unit. Also submitted with the RTA is a copy of the owner's proposed dwelling lease, including the HUD -required Tenancy Addendum (Form HUD -52641-A). See Chapter 9 for more detail on request for tenancy approval policies and process. HUD regulations stipulate requirements for the approval of an assisted tenancy. The owner must be qualified to participate in the program [24 CFR 982.306]. Some owners are precluded from participating in the program, or from renting to a particular family, either because of their past history with this or another federal housing program, or because of certain conflicts of interest. Owner qualifications are discussed later in this chapter. The selected unit must be of a type that is eligible for the program [24 CFR 982.305(a)]. Certain types of dwelling units cannot be assisted under the PHA Program. Other types may be assisted under certain conditions. See chapter 9 for more detail on unit eligibility policies and process. pg. 209 290 Administrative Plan Indian River County Housing Services Division The selected unit must meet HUD's National Standards for the Physical Inspection of Real Estate (NSPIRE) and/or equivalent state or local standards approved by HUD [24 CFR 982.305(a)]. IRCHSD will inspect the owner's dwelling unit at least biennially to ensure that the unit continues to meet inspection requirements. See Chapter 8 for a discussion of the NSPIRE standards and policies for NSPIRE inspections at initial lease -up and throughout the family's tenancy. The PHA must determine that the proposed rent for the unit is reasonable [24 CFR 982.305(a)]. The rent must be reasonable in relation to comparable unassisted units in the area and must not be in excess of rents charged by the owner for comparable, unassisted units on the premises. See chapter 8 for a discussion of requirements and policies on rent reasonableness, rent comparability and the rent reasonableness determination process. At initial lease -up of a unit, if the gross rent exceeds the applicable payment standard, the PHA must ensure that the family share does not exceed 40 percent of the family's monthly adjusted income [24 CFR 982.305(a)] . See chapter 6 for a discussion of the calculation of family income, family share of rent and HAP. The dwelling lease must comply with all program requirements [24 CFR 982.308]. Owners are encouraged to use their standard leases when renting to an assisted family. The HUD Tenancy Addendum includes the HUD requirements governing the tenancy and must be added word-for-word to the owner's lease. See chapter 9 for a discussion of the dwelling lease and tenancy addendum, including lease terms and provisions. The PHA and the owner must execute a Housing Assistance Payment (HAP) Contract (Form HUD - 52641). The HAP contract format is prescribed by HUD. See chapter 9 for a discussion of the HUD requirements for execution of the HAP contract. 13-1 C. OWNER RESPONSIBILITIES 1`24 CFR 982.4521 The basic owner responsibilities in the PHA Program are outlined in the regulations as follows: • Complying with all of the owner's obligations under the housing assistance payments (HAP) contract and the lease • Performing all management and rental functions for the assisted unit, including selecting a voucher -holder to lease the unit, and deciding if the family is suitable for tenancy of the unit • Maintaining the unit in accordance with the National Standards for the Physical Inspection of Real Estate (NSPIRE), including performance of ordinary and extraordinary maintenance • Complying with equal opportunity requirements • Preparing and furnishing to the PHA information required under the HAP contract • Collecting the security deposit, the tenant rent, and any charges for unit damage by the family. • Enforcing tenant obligations under the dwelling lease • Paying for utilities and services that are not the responsibility of the family as specified in the lease • Allowing reasonable modifications to a dwelling unit occupied or to be occupied by a disabled person [24 CFR 100.203] • Complying with the Violence against Women Reauthorization Act of 2013 (VAWA) when screening prospective HCV tenants or terminating the tenancy of an HCV family (see 24 CFR Part 5, Subpart L; 24 CFR 982.310(h)(4); and 24 CFR 982.452(b)(1)) 13-1 D. OWNER QUALIFICATIONS The PHA does not formally approve an owner to participate in the PHA Program. However, there are a number of criteria where the PHA may deny approval of an assisted tenancy based on past owner pg. 210 291 Administrative Plan Indian River County Housing Services Division behavior, conflict of interest, or other owner -related issues. No owner has a right to participate in the PHA Program [24 CFR 982.306(e)]. Owners Barred from Participation [24 CFR 982.306(a) and (b)) The PHA must not approve the assisted tenancy if the PHA has been informed that the owner has been debarred, suspended, or subject to a limited denial of participation under 24 CFR part 24. HUD may direct the PHA not to approve a tenancy request if a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements, or if such an action is pending. Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] The PHA must not approve a tenancy if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family. The PHA may make an exception as a reasonable accommodation for a family member with a disability. The owner is required to certify that no such relationship exists. This restriction applies at the time that the family receives assistance under the PHA Program for occupancy of a particular unit. Current contracts on behalf of owners and families that are related may continue, but any new leases or contracts for these families may not be approved. IRCHSD Policy Unless the lease between the owner and the participant was effective prior to June 17, 1998, the owner may not be a parent, child, grandparent, grandchild, sister or brother of any participant. IRCHSD may waive this restriction as a reasonable accommodation when a household member is a person with a disability. Owners may not live in the same unit with assisted family members in a lease -shared housing arrangement unless specifically approved by HUD. In cases where the owner and tenant bear the same last name, IRCHSD may, at its discretion, require the participant and/or owner to state whether they are related to each other, and if so in what manner. For purposes of this policy, "owner" includes a principal or other interested party. Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19; Form HUD -52641, Section 131 The PHA must not approve a tenancy in which any of the following classes of persons has any interest, direct or indirect, during tenure or for one year thereafter: • Any present or former member or officer of the PHA (except a participant commissioner) • Any employee of the PHA, or any contractor, subcontractor or agent of the PHA, who formulates policy or who influences decisions with respect to the programs • Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs • Any member of the Congress of the United States Such "covered individual' may not have anv direct or indirect interest in the HAP contract or in an benefits or payments under the contract (including the interest of an immediate family member of such covered individual) while such person is a covered individual or for one year thereafter. Immediate family member means the spouse, parent (including a stepparent) child (including a stepchild), grandparent, grandchild. sister. or brother (includina a stepsister or steobrother) of anv covered individual. HUD may waive the conflict of interest requirements, except for members of Congress, for good cause. The PHA must submit a waiver request to the appropriate HUD Field Office for determination. pg. 211 292 Administrative Plan Indian River County Housing Services Division Any waiver request submitted by the PHA must include the following [HCV Guidebook pp. 11-2 and 11-3]: • Complete statement of the facts of the case; • Analysis of the specific conflict of interest provision of the HAP contract and justification as to why the provision should be waived; • Analysis of and statement of consistency with state and local laws. The local HUD office, the PHA, or both parties may conduct this analysis. Where appropriate, an opinion by the state's attorney general should be obtained; • Opinion by the local HUD office as to whether there would be an appearance of impropriety if the waiver were granted; • Statement regarding alternative existing housing available for lease under the PHA Program or other assisted housing if the waiver is denied; • If the case involves a hardship for a particular family, statement of the circumstances and discussion of possible alternatives; • If the case involves a public official or member of the governing body, explanation of their duties under state or local law, including reference to any responsibilities involving the PHA Program; • If the case involves employment of a family member by the PHA or assistance under the PHA Program for an eligible PHA employee, explanation of the responsibilities and duties of the position, including any related to the PHA Program; • If the case involves an investment on the part of a member, officer, or employee of the PHA, description of the nature of the investment, including disclosure/divestiture plans. Where the PHA has requested a conflict of interest waiver, the PHA may not execute the HAP contract until HUD has made a decision on the waiver request. IRCHSD Policy In considering whether to request a conflict-of-interest waiver from HUD, IRCHSD will consider certain factors such as consistency of the waiver with state and local laws, the existence of alternative housing available to families, the individual circumstances of a particular family, the specific duties of individuals whose positions present a possible conflict of interest, the nature of any financial investment in the property and plans for disclosure/divestiture, and the possible appearance of impropriety. Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)1 HUD regulations permit the PHA to disapprove a request for tenancy for various actions and inactions of the owner. If the PHA disapproves a request for tenancy because an owner is not qualified, it may not terminate the HAP contract for any assisted families that are already living in the owner's properties unless the owner has violated the HAP contract for those units [HCV GB p. 11-4]. IRCHSD Policy An owner may be disapproved for any of the following reasons: • The owner has violated obligations under a Housing Assistance Payment Contract under Section 8 of the 1937 Act (42 U.S.C. 1437f), a lease with a tenant assisted by the program, or the HUD Tenancy Addendum; • The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; • The owner has engaged in drug-related criminal activity or any violent criminal activity; • The owner has a history or practice of non-compliance with inspection standards for units leased under any federal housing program; • The owner has a history or practice of renting units that fail to meet state or local housing codes; • The owner has a history or practice of failing to terminate tenancy of tenants of units pg. 212 293 Administrative Plan Indian River County Housing Services Division assisted under Section 8 or any other federally assisted housing program for activity by the tenant, any member of the household, a guest or another person under the control of any member of the household that: o Threatens the right to peaceful enjoyment of the premises by other residents; o Threatens the health or safety of other residents, employees of IRCHSD, or of owner employees or other persons engaged in management of the housing; o Threatens the health or safety of, or the right to peaceful enjoyment of their residences, by persons residing in the immediate vicinity of the premises; or o Is drug-related criminal activity or violent criminal activity. The owner has failed to comply with regulations, the mortgage or note, or the regulatory agreement for projects with mortgages insured by HUD or loans made by HUD or with financing from other local or state governmental agencies; The owner has engaged in actual physical abuse or has threatened abusive or violent behavior toward a resident, a member of the public, or IRCHSD personnel. Note: o "Abusive or violent behavior' includes verbal as well as physical abuse or violence. Use of expletives that are generally considered insulting, racial epithets, or other language, written or oral, that is customarily used to insult or intimidate, may be cause for disapproval of an owner; and o "Threatening" refers to oral or written threats, or physical gestures, that communicate intent to abuse or commit violence. • The owner has not paid state or local real estate taxes, fines or assessments. In considering whether to disapprove owners for any of the discretionary reasons listed above, IRCHSD will consider any mitigating factors. Such factors may include, but are not limited to, the seriousness of the violation in relation to program requirements, the impact on the ability of families to lease units under the program, health and safety of participating families, among others. Upon consideration of such circumstances, IRCHSD may, on a case-by-case basis, choose to approve an owner. Legal Ownership of Unit The following represents PHA policy on legal ownership of a dwelling unit to be assisted under the HCV program. IRCHSD Policy IRCHSD will only enter into a contractual relationship with the legal owner of a qualified unit. No tenancy will be approved without acceptable documentation of legal ownership (e.g., deed of trust, proof of taxes for most recent year). 13-1 E. NON-DISCRIMINATION [HAP CONTRACT —FORM HUD -52641] The owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability, in connection with any actions or responsibilities under the PHA Program and the HAP contract with the PHA. The owner must cooperate with the PHA and with HUD in conducting any equal opportunity compliance reviews and complaint investigations in connection with the PHA Program and the HAP contract with the PHA. See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity requirements in the PHA Program. pg. 213 294 Administrative Plan Indian River County Housing Services Division Part II: HAP Contracts 13 -II A. OVERVIEW The HAP contract represents a written agreement between the PHA and the owner of the dwelling unit occupied by a HCV assisted family. The contract spells out the owner's responsibilities under the program, as well as the PHA's obligations. Under the HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of the family approved by the PHA to occupy the unit. The HAP contract is used for all HCV tenant -based program tenancies except for assistance under the Section 8 homeownership program, and assistance to families that own a manufactured home and use their assistance to lease the space for the manufactured home. See chapter 15 for a discussion of any special housing types included in the PHA's PHA Program. When the PHA has determined that the unit meets program requirements and the tenancy is approvable, the PHA and owner must execute the HAP contract. See chapter 9 for a discussion of the leasing process, including provisions for execution of the HAP contract. 13 -II B. HAP CONTRACT CONTENTS The HAP contract format is required by HUD, specifically Housing Assistance Payment (HAP) Contract, Form HUD -52641. The HAP contract contains three parts. Part A of the contract includes basic contract information: the names of the tenant and all household members, the address of the contract unit, start and end dates of initial lease term, the amount of initial monthly rent to owner, the amount of initial housing assistance payment, the utilities and appliances to be supplied by owner and tenant, and the signatures of the PHA representative and owner [HCV Guidebook, pp. 11-10 and 11-11]. In general, the HAP contract cannot be modified. However, PHAs do have the discretion to add language to Part A of the HAP contract which prohibits the owner from collecting a security deposit in excess of private market practices or in excess of amounts charged to unassisted tenants. PHA policy on the amount of security deposit an owner may collect is found in Chapter 9. PHAs also have the discretion to add language to Part A of the HAP contract that defines when the housing assistance payment by the PHA is deemed received by the owner (e.g., upon mailing by the PHA or actual receipt by the owner). IRCHSD Policy IRCHSD has not adopted a policy that defines when the housing assistance payment by IRCHSD is deemed received by the owner. Therefore, no modifications to the HAP contract will be necessary. Part B is the body of the contract. It describes in detail program requirements affecting the owner and owner roles and responsibilities under the PHA Program. Most of the requirements contained in Part B of the HAP contract are outlined elsewhere in this plan. Topics addressed in Part B include: • Lease of Contract Unit • Maintenance, Utilities, and Other Services • Term of HAP Contract • Provision and Payment of Utilities and Appliances • Rent to Owner: Reasonable Rent • PHA Payment to Owner • Prohibition of Discrimination • Owner's Breach of HAP Contract pg. 214 295 Administrative Plan Indian River County Housing Services Division • PHA and HUD Access to Premises and Owner's Records • Exclusion of Third Party Rights • Conflict of Interest • Assignment of the HAP Contract • Written Notices • Entire Agreement Interpretation Part C of the contract includes the Tenancy Addendum (Form HUD -52641-A). The addendum sets forth the tenancy requirements for the program and the composition of the household, as approved by the PHA. The tenant has the right to enforce the Tenancy Addendum against the owner. The terms of the Tenancy Addendum prevail over any other provisions of the lease. 13 -II C. HAP CONTRACT PAYMENTS General During the term of the HAP contract, and subject to the provisions of the HAP contract, the PHA must make monthly HAP payments to the owner on behalf of the family, at the beginning of each month. If a lease term begins after the first of the month, the HAP payment for the first month is prorated for a partial month. The amount of the HAP payment is determined according to the policies described in Chapter 6 and is subject to change during the term of the HAP contract. The PHA must notify the owner and the family in writing of any changes in the HAP payment. HAP payments can be made only during the lease term, and only while the family is residing in the unit. The monthly HAP payment by the PHA is credited toward the monthly rent to owner under the family's lease. The total of the rent paid by the tenant and the HAP payment is equal to the rent to owner as specified in the lease. The family is not responsible for payment of the HAP payment, and the PHA is not responsible for payment of the family share of rent. The family's share of the rent cannot be more than the difference between the rent to owner and the HAP payment. The owner may not demand or accept any rent payment from the tenant in excess of this maximum [24 CFR 982.451(b)(4)]. The owner may not charge the tenant extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises [24 CFR 982.510(c)]. See chapter 9 for a discussion of separate, non -lease agreements for services, appliances and other items that are not included in the lease. If the owner receives any excess HAP from the PHA, the excess amount must be returned immediately. If the PHA determines that the owner is not entitled to all or a portion of the HAP, the PHA may deduct the amount of overpayment from any amounts due to the owner, including amounts due under any other Section 8 HCV contract. See Chapter 16 for additional detail on owner reimbursement of HAP overpayments. Owner Certification of Compliance Unless the owner complies with all provisions of the HAP contract, the owner is not entitled to receive housing assistance payments under the HAP contract [HAP Contract — Form HUD52641]. By accepting the monthly check from the PHA, the owner certifies to compliance with the terms of the HAP contract. This includes certification that the owner is maintaining the unit and premises in accordance with NSPIRE standards; that the contract unit is leased to the tenant family and, to the best of the owner's knowledge, the family resides in the unit as the family's only residence; the rent to owner does not exceed rents charged by the owner for comparable unassisted units on the premises; and that the owner does not receive (other than rent to owner) any additional payments or other consideration for rent of the contract unit during the HAP term. pg. 215 296 Administrative Plan Indian River County Housing Services Division Late HAP Payments [24 CFR 982.451(a)(5)1 The PHA is responsible for making HAP payments promptly when due to the owner, in accordance with the terms of the HAP contract. After the first two calendar months of the HAP contract term, the HAP contract provides for late penalties if the PHA fails to make the HAP payment on time. In keeping with generally accepted practices in the local housing market, the PHA will pay to the owner a $75.00 late fee, or the late fee specified in the owner's lease charged to tenants whose rent is late, whichever is lower, for Housing Assistance Payments that are not received by the owner by the 10th day of the month, if requested by the owner in writing. Penalties for late HAP payments can only be imposed if 1) the penalties are in accordance with generally accepted local rental market practices and law governing penalties for late payment by tenants; 2) it is the owner's normal business practice to charge late payment penalties for both assisted and unassisted families; and 3) the owner charges the assisted family for late payment of the family's share of the rent. The PHA is not required to pay a late payment penalty if HUD determines that the payment is late for reasons beyond the PHA's control. In addition, late payment penalties are not required if the PHA intentionally delays or denies payment as a remedy to an owner breach of the HAP contract [HCV Guidebook p. 11-71. Termination of HAP Payments [24 CFR 982.311(b)1 The PHA must continue making housing assistance payments to the owner in accordance with the HAP contract as long as the tenant continues to occupy the unit, and the HAP contract is not violated. HAP payments terminate when the HAP contract terminates or when the tenancy is terminated in accordance with the terms of the lease. If the owner has initiated eviction proceedings against the family and the family continues to reside in the unit, the PHA must continue to make housing assistance payments to the owner until the owner has obtained a court judgment or other process allowing the owner to evict the tenant. IRCHSD Policy The owner must inform IRCHSD when the owner has initiated eviction proceedings against the family and the family continues to reside in the unit. The owner must inform IRCHSD when the owner has obtained a court judgment or other process allowing the owner to evict the tenant and provide IRCHSD with a copy of such judgment or determination. After the owner has obtained a court judgment or other process allowing the owner to evict the tenant, IRCHSD will continue to make HAP payments to the owner until the family actually moves from the unit or until the family is physically evicted from the unit, whichever is earlier. The owner must inform IRCHSD of the date when the family actually moves from the unit, or the family is physically evicted from the unit and provide a copy to the PHA along with a copy of the final order. 13 -II D. BREACH OF HAP CONTRACT [24 CFR 982.4531 Any of the following actions by the owner constitutes a breach of the HAP contract: • If the owner violates any obligations under the HAP contract including failure to maintain the unit in accordance with NSPIRE standards • If the owner has violated any obligation under any other HAP contract under Section 8 • If the owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program • For projects with mortgages insured by HUD or loans made by HUD, if the owner has failed pg. 216 297 Administrative Plan Indian River County Housing Services Division to comply with the regulation for the applicable program; or if the owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan • If the owner has engaged in drug-related criminal activity • If the owner has committed any violent criminal activity If the PHA determines that a breach of the HAP contract has occurred, it may exercise any of its rights and remedies under the HAP contract. The PHA rights and remedies against the owner under the HAP contract include recovery of any HAP overpayment, suspension of housing assistance payments, abatement or reduction of the housing assistance payment, termination of the payment or termination of the HAP contract. The PHA may also obtain additional relief by judicial order or action. The PHA must notify the owner of its determination and provide in writing the reasons for the determination. The notice may require the owner to take corrective action by an established deadline. The PHA must provide the owner with written notice of any reduction in housing assistance payments or the termination of the HAP contract. IRCHSD Policy Before IRCHSD invokes a remedy against an owner, IRCHSD will evaluate all information and documents available to determine if the contract has been breached. If relevant, IRCHSD will conduct an audit of the owner's records pertaining to the tenancy or unit If it is determined that the owner has breached the contract, IRCHSD will consider all of the relevant factors including the seriousness of the breach, the effect on the family, the owner's record of compliance and the number and seriousness of any prior HAP contract violations. An owner must not threaten the health or safety of, or otherwise abuse IRCHSD employees, residents, or members of the public. 13 -II E. HAP CONTRACT TERM AND TERMINATIONS The term of the HAP contract runs concurrently with the term of the dwelling lease [24 CFR 982.451(a)(2)], beginning on the first day of the initial term of the lease and terminating on the last day of the term of the lease, including any lease term extensions. The HAP contract and the housing assistance payments made under the HAP contract terminate if [HCV Guidebook pp. 11-4 and 11-5, pg. 15-3]: • The owner or the family terminates the lease; • The lease expires; • The PHA terminates the HAP contract; • The PHA terminates assistance for the family; • The family moves from the assisted unit. In this situation, the owner is entitled to keep the housing assistance payment for the month when the family moves out of the unit. • 180 calendar days have elapsed since the PHA made the last housing assistance payment to the owner; • The family is absent from the unit for longer than the maximum period permitted by the PHA; • The Annual Contributions Contract (ACC) between the PHA and HUD expires • The PHA elects to terminate the HAP contract. IRCHSD Policy pg. 217 298 Administrative Plan Indian River County Housing Services Division IRCHSD may terminate the HAP contract with the owner in each of the following situations: • Available program funding is not sufficient to support continued assistance for families in the program [24 CFR 982.454]; • The unit does not meet size requirements due to change in family composition [24 CFR 982.403] — see chapter 8; • The unit does not meet NSPIRE standards [24 CFR 982.404] — see chapter 8; • The family breaks up [HUD Form 52641 ] — see chapter 3; • The owner breaches the HAP contract [24 CFR 982.453(b)] — see Section 13-II.D. If the PHA terminates the HAP contract, the PHA must give the owner and the family written notice. The notice must specify the reasons for the termination and the effective date of the termination. Once a HAP contract is terminated, no further HAP payments may be made under that contract [HCV Guidebook pg. 15-4]. IRCHSD Policy The term of the HAP Contract is the same as the term of the lease. The contract between the owner and IRCHSD may be terminated by IRCHSD, or by the owner or tenant terminating the lease. No subsidy payments on behalf of the family will be made by the PHA to the owner for any period of time after the month in which the contract is terminated. The owner must reimburse the PHA for any subsidies paid by the PHA for any period after the contract termination date. If the family moves from the assisted unit into a new unit, even if the new unit is in the same building or complex as the assisted unit, the HAP contract for the assisted unit terminates. A new HAP contract would be required [HCV GB, p. 11-171. When the family moves from an assisted unit into a new unit, the term of the HAP contract for the new unit may begin in the same month in which the family moves out of its old unit. This is not considered a duplicative subsidy [HCV GB, p. 8-221. 13 -II F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD - 52641] The HAP contract cannot be assigned to a new owner without the prior written consent of the PHA. An owner under a HAP contract must notify the PHA in writing prior to a change in the legal ownership of the unit. The owner must supply all information as requested by the PHA. Prior to approval of assignment to a new owner, the new owner must agree to be bound by and comply with the HAP contract. The agreement between the new owner and the former owner must be in writing and in a form that the PHA finds acceptable. The new owner must provide the PHA with a copy of the executed agreement. IRCHSD Policy Assignment of the HAP contract will be approved only if the new owner is qualified to become an owner under the PHA Program according to the policies in Section 13-I.D. of this chapter. IRCHSD must receive a signed, written request from the existing owner stating the name and address of the new HAP payee and the effective date of the assignment in order to change the HAP payee under an outstanding HAP contract. Within 10 business days of receiving the owner's request, IRCHSD will inform the current owner in writing whether the assignment may take place. pg. 218 299 Administrative Plan Indian River County Housing Services Division The new owner must provide a written certification to IRCHSD that includes: • A copy of the escrow statement or other document showing the transfer of title and recorded deed (if needed); • A copy of the owner's IRS Form W-9, Request for Taxpayer Identification Number and Certification, or the social security number of the new owner; • The effective date of the HAP contract assignment; • A written agreement to comply with the terms of the HAP contract; and • A certification that the new owner is not a prohibited relative. If the new owner does not agree to an assignment of the HAP contract, or fails to provide the necessary documents, IRCHSD will terminate the HAP contract with the old owner. If the new owner wants to offer the family a new lease, and the family elects to stay with continued assistance, IRCHSD will process the leasing in accordance with the policies in Chapter 9. 13 -II G. FORECLOSURE [NOTICE PIH 2010-49] Families receiving HCV assistance are entitled to certain protections set forth under the Protecting Tenants at Foreclosure Act (PTFA). During the term of the lease, the new owner of the property does not have good cause to terminate the tenant's lease, unless the new owner will occupy the unit as their primary residence and has provided the tenant with at least a 90 -day notice. In that case, the lease may be terminated effective on the date of sale, although the tenant is still entitled to a 90 -day notice to vacate. Further, the new owner assumes interest in the lease between the prior owner and the tenant and to the HAP contract. Any state or local law that provides longer time periods or other additional protections for tenants also applies. IRCHSD Policy If a property is in foreclosure, IRCHSD will make all reasonable efforts to determine the status of the foreclosure and ownership of the property and will continue to make payments to the original owner until ownership legally transfers in accordance with the HAP contract. IRCHSD will attempt to obtain a written acknowledgement of the assignment of the HAP contract from the successor in interest. This will include a request for owner information, including a tax identification number and payment instructions from the new owner. Even if the new owner does not acknowledge the assignment of the HAP contract in writing, the assignment is still effective by operation of law. IRCHSD will inform the tenant that they must continue to pay rent in accordance with the lease and if the new owner refuses to accept payment or cannot be identified, the tenant should pay rent into escrow. Failure to pay rent may constitute an independent ground for eviction. In the event that IRCHSD is unable to make HAP payments to the new owner due to an action or inaction by the new owner that prevents such payments (e.g., rejection of payments or failure to maintain the property according to NSPIRE standards), or due to an inability to identify the new owner, IRCHSD will use the funds to pay the utilities that are the owner's responsibility after taking reasonable steps to notify the owner; except that if the unit has been or will be rendered uninhabitable due to termination or threat of termination of service, prior notice is not required. In the latter case, the PHA shall notify the owner within a reasonable time after making the utility payment. The PHA will also refer the tenant, as needed, to the local legal aid office in order to ensure adequate protection of the tenant's rights and enforcement of the successor in interest's performance under the HAP contract. See Section 12-111.6 for a discussion of foreclosure as it pertains to owner termination of tenancy. pg. 219 300 Administrative Plan Indian River County Housing Services Division Chapter 14: Program Integrity The PHA is committed to ensuring that subsidy funds made available to The PHA are spent in accordance with HUD requirements. This chapter covers HUD and PHA policies designed to prevent, detect, investigate, and resolve instances of program abuse or fraud. It also describes the actions that will be taken in the case of unintentional errors and omissions. Part I: Preventing, Detecting, and Investigating Errors and Program Abuse. This part presents PHA policies related to preventing, detecting, and investigating errors and program abuse. Part II: Corrective Measures and Penalties. This part describes the corrective measures the PHA must and may take when errors or program abuses are found. Part I: Preventing, Detecting, and Investigating Errors and Program Abuse 14-1 A. PREVENTING ERRORS AND PROGRAM ABUSE HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful tool for preventing errors and detecting program abuse. PHAs are required to use the EIV system in its entirety in accordance with HUD administrative guidance [24 CFR 5.233]. PHAs are further required to: • Provide applicants and participants with form HUD -52675, "Debts Owed to PHAs and Terminations" • Require all adult members of an applicant or participant family to acknowledge receipt of form HUD -52675 by signing a copy of the form for retention in the family file IRCHSD Policy To ensure that IRCHSD's PHA Program is administered according to the highest ethical and legal standards, IRCHSD will employ a variety of techniques to ensure that both errors and intentional program abuse are rare. IRCHSD will discuss program compliance and integrity issues during the voucher briefing sessions described in Chapter 5. IRCHSD will provide each applicant and participant with a copy of "Is Fraud Worth It?" (form HUD - 1141 -OIG), which explains the types of actions a family must avoid and the penalties for program abuse. IRCHSD will provide each applicant and participant with a copy of "What You Should Know about EIV," a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment to Notice PIH 2017-12. In addition, the PHA will require the head of each household to acknowledge receipt of the guide by signing a copy for retention in the family file. IRCHSD will place a warning statement about the penalties for fraud (as described in 18 U.S.C. 1001 and 1010) on key IRCHSD forms and form letters that request information from a family or owner. IRCHSD staff will be required to review and explain the contents of all HUD- and IRCHSD - required forms prior to requesting family member signatures. At every regular reexamination, IRCHSD will explain any changes in HUD regulations or HCV Admin policy that affect program participants. IRCHSD will require first-time owners (or their agents) to participate in a briefing session on HAP contract requirements. pg. 220 301 Administrative Plan Indian River County Housing Services Division IRCHSD will provide owners with ongoing information about the program, with an emphasis on actions and situations to avoid. IRCHSD will provide each IRCHSD employee with the necessary training on program rules and the organization's standards of conduct and ethics. For purposes of this chapter the term error refers to an unintentional error or omission. Program abuse or fraud refers to a single act or pattern of actions that constitute a false statement, omission, or concealment of a substantial fact, made with the intent to deceive or mislead. 14-1 B. DETECTING ERRORS AND PROGRAM ABUSE In addition to taking steps to prevent errors and program abuse, the PHA will use a variety of activities to detect errors and program abuse. Quality Control and Analysis of Data Under the Section 8 Management Assessment Program (SEMAP), HUD requires PHAs to review a random sample of tenant records annually to determine if the records conform to program requirements and to conduct quality control inspections of a sample of units to ensure compliance with NSPIRE standards[24 CFR, Part 985]. (See Chapter 16 for additional information about SEMAP requirements). IRCHSD Policy In addition to the SEMAP quality control requirements, IRCHSD will employ a variety of methods to detect errors and program abuse. IRCHSD will routinely use HUD and other non -HUD sources of up -front income verification. This includes The Work Number and any other private or public databases available to the County if this information is provided without a cost to the PHA. At each annual reexamination, current information provided by the family will be compared to information provided at the last annual reexamination to identify inconsistencies and incomplete information. IRCHSD will compare family -reported income and expenditures to detect possible unreported income. Independent Audits and HUD Monitoring OMB Circular A-133 requires all PHAs that expend $500,000 or more in federal awards annually to have an independent audit (IPA). In addition, HUD conducts periodic on-site and automated monitoring of PHA activities and notifies the PHA of errors and potential cases of program abuse. IRCHSD Policy IRCHSD will use the results reported in any IPA or HUD monitoring reports to identify potential program abuse as well as to assess the effectiveness of IRCHSD's error detection and abuse prevention efforts. Individual Reporting of Possible Errors and Program Abuse IRCHSD Policy IRCHSD staff will encourage participants, owners and community members to report suspected fraud and program abuse. All such referrals, as well as referrals from other agencies, will be thoroughly documented and placed in the participant's file. All allegations, complaints and tips will be carefully evaluated to determine if they warrant further investigation. IRCHSD will investigate allegations that contain one or more independently verifiable facts but will not investigate allegations that are vague or non-specific. pg. 221 302 Administrative Plan Indian River County Housing Services Division 14-1 C. INVESTIGATING ERRORS AND PROGRAM ABUSE When IRCHSD Will Investigate IRCHSD Poliqy IRCHSD will review all referrals, specific allegations, complaints, and tips from any source including other agencies, companies, and individuals, to determine if they warrant investigation. In order for IRCHSD to investigate, the allegation must contain at least one independently verifiable item of information, such as the name of an employer or the name of an unauthorized household member. IRCHSD will investigate when inconsistent or contradictory information is detected through file reviews and the verification process or as a result of findings during an inspection. Consent to Release of Information [24 CFR 982.5161 The PHA may investigate possible instances of error or abuse using all available the PHA and public records. If necessary, the PHA will require HCV families to sign consent forms for the release of additional information. Analysis and Findings IRCHSD Policy IRCHSD will base its evaluation on a preponderance of the evidence collected during its investigation. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence that as a whole show that the fact sought to be proved is more probable than not. Preponderance of evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. For each investigation the PHA will determine (1) whether an error or program abuse has occurred, (2) whether any amount of money is owed to them, and (3) what corrective measures or penalties will be assessed. Consideration of Remedies All errors and instances of program abuse must be corrected prospectively. Whether the PHA will enforce other corrective actions and penalties depends upon the nature of the error or program abuse. IRCHSD Policy In the case of family -caused errors or program abuse, IRCHSD will take into consideration (1) the seriousness of the offense and the extent of participation or culpability of individual family members, (2) any special circumstances surrounding the case, (3) any mitigating circumstances related to the disability of a family member, (4) the effects of a particular remedy on family members who were not involved in the offense. In the case of owner -caused errors or program abuse, IRCHSD will take into consideration (1) the seriousness of the offense, (2) the length of time since the violation has occurred, and (3) the effects of a particular remedy on family members who were not involved in the offense. Notice and Appeals 1RliE 1. � I Okay IRCHSD will inform the relevant party in writing of its findings and remedies within 10 business days of the conclusion of the investigation. The notice will include (1) a description of the error or program abuse, (2) the basis on which IRCHSD determined the error or program abuses, (3) the remedies to be employed, and (4) the family's right to appeal the results through the informal review or hearing process, if applicable (see Chapter 16). pg. 222 303 Administrative Plan Indian River County Housing Services Division Part 11: Corrective Measures and Penalties 14 -II A. SUBSIDY UNDER- OR OVERPAYMENTS A subsidy under- or overpayment includes (1) an incorrect housing assistance payment to the owner, (2) an incorrect family share established for the family, and (3) an incorrect utility reimbursement to a family. Corrections Whether the incorrect subsidy determination is an overpayment or underpayment of subsidy, the PHA must promptly correct the HAP, family share, and any utility reimbursement prospectively. IRCHSD Policy Increases in the family share will be implemented on the first of the month following a written 30 - day notice. Any decreases in family share will become effective the first of the month following the discovery of the error. If IRCHSD discovers an administrative error that has an effect upon a participant family's rental subsidy, it will take necessary steps to correct the error and make adjustments to the tenant's subsidy calculation. If correction of the error would have an adverse effect on the tenant family (e.g., a reduction in HAP to the owner) then IRCHSD will provide the family with a 30 -day notice. If correction of the error would be favorable to the tenant (e.g., a retroactive increase in HAP to the owner) then IRCHSD will calculate the adjustment amount from the point at which the error was made to the month during which the error was corrected. The adjustment amount will be credited to the owner's account. The owner will be responsible for adjusting the rent accordingly or for issuing a refund to tenant. Reimbursement Whether the family or owner is required to reimburse the or the PHA is required to make retroactive subsidy payments to the owner or family depends upon which party is responsible for the incorrect subsidy payment and whether the action taken was an error or program abuse. Policies regarding reimbursement are discussed in the three sections that follow. 14 -II B. FAMILY -CAUSED ERRORS AND PROGRAM ABUSE Family obligations and general administrative requirements for participating in the program are discussed throughout this plan. This section deals specifically with errors and program abuse by family members. An incorrect subsidy determination caused by a family generally would be the result of incorrect reporting of family composition, income, assets, or expenses, but also would include instances in which the family knowingly allows the PHA to use incorrect information provided by a third party. Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] IRCHSD Policy In the case of family -caused errors or program abuse, the family will be required to repay any excess subsidy received. IRCHSD may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, IRCHSD will terminate the family's assistance in accordance with the policies in Chapter 12. PHA Reimbursement to Family [HCV GB p. 22-12] IRCHSD Policy IRCHSD will not reimburse the family for any underpayment of assistance when the underpayment clearly is caused by the family. pg. 223 304 Administrative Plan Indian River County Housing Services Division Prohibited Actions An applicant or participant in the PHA Program must not knowingly: • Make a false statement to the PHA [Title 18 U.S.C. Section 1001]. • Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.552(c)(iv)]. IRCHSD Policy Any of the following will be considered evidence of family program abuse: • Payment to the owner in excess of amounts authorized IRCHSD for rent, security deposit, and additional services • Offering bribes or illegal gratuities to the IRC Board of Commissioners, employees, contractors, or other IRCHSD representatives • Offering payments or other incentives to the owner or a third party as an inducement for the third party to make false or misleading statements to IRCHSD on the family's behalf • Use of a false name or the use of falsified, forged, or altered documents • Intentional misreporting of family information or circumstances (e.g., income, family composition) • Omitted facts that were obviously known by a family member (e.g., not reporting employment income) • Admission of program abuse by an adult family member IRCHSD may determine other actions to be program abuse based upon a preponderance of the evidence, as defined earlier in this chapter. Penalties for Program Abuse In the case of program abuse caused by a family the PHA may, at its discretion, impose any of the following remedies. • The PHA may require the family to repay excess subsidy amounts paid by the PHA, as described earlier in this section. • The PHA may require, as a condition of receiving or continuing assistance, that a culpable family member not reside in the unit. See policies in Chapter 3 (for applicants) and Chapter 12 (for participants). • The PHA may deny or terminate the family's assistance following the policies set forth in Chapter 3 and Chapter 12 respectively. • The PHA may refer the family for state or federal criminal prosecution as described in section 14-II.E. IRCHSD Policy IRCHSD will issue a termination notice if the amount is over $10,000, if there is a history of such violations, or, when the amount is less than $10,000 if the participant refuses enter into a payment agreement and/or make payments on a signed payment agreement. When a participant intentionally falsifies, misstates, omits or otherwise misrepresents a material fact which results (or would have resulted) in an overpayment of housing assistance, IRCHSD may, depending upon its evaluation of the criteria stated below, take one or more of the following actions: Criminal prosecution: IRCHSD may refer the case to the County Attorney, County Prosecutor, Indian River County Sheriff's Department or other law enforcement agencies, other investigative agencies (such as the State Department of Social and Health Services), the Immigration and Naturalization Service, or the IRS, as applicable. pg. 224 305 Administrative Plan Indian River County Housing Services Division • IRCHSD may also notify HUD's Office of the Inspector General; • Civil litigation: IRCHSD may bring an action for recovery of funds and for costs and attorneys' fees; or • Administrative remedies: IRCHSD will terminate assistance and may execute an administrative repayment agreement in accordance with IRCHSD's repayment policy. The Case Conference for Serious Violations and Misrepresentations IRCHSD Policy When IRCHSD has established that material misrepresentation(s) have occurred, a case conference may be scheduled at IRCHSD's discretion to discuss the allegations with the family representative. The conference may, in IRCHSD's discretion, take place prior to any proposed action. The purpose of the conference is to review the information and evidence available with the participant, and to provide the participant an opportunity to explain any findings which conflict with representations in the participant's file. Any documents or mitigating circumstances presented by the participant will be taken into consideration by IRCHSD. The participant will be given 10 business days to furnish any mitigating evidence. A secondary purpose of the case conference is to assist IRCHSD in determining the course of action most appropriate for the case. Prior to the final determination of the proposed action, IRCHSD will consider: • The duration of the violation and number of false statements; • The family's ability to understand the rules; • The family's willingness to cooperate, and to accept responsibility for their actions; • The family's past history; and • Whether or not criminal intent has been established. Post -Case Conference Notification to Participant of Proposed Action Unless the participant provides evidence of mitigating circumstances, IRCHSD will notify the family by certified mail of the proposed termination action no later than 30 days after the case conference. 14 -II C. OWNER -CAUSED ERROR OR PROGRAM ABUSE Owner requirements that are part of the regular process of offering, leasing, and maintaining a unit (e.g., NSPIRE compliance, fair housing) are addressed in the appropriate chapters of this plan. This section focuses on errors and program abuse by owners. An incorrect subsidy determination caused by an owner generally would be the result of an incorrect owner statement about the characteristics of the assisted unit (e.g., the number of bedrooms, which utilities are paid by the family). It also includes accepting duplicate housing assistance payments for the same unit in the same month, or after a family no longer resides in the unit. Owner Reimbursement to the PHA In all cases of overpayment of subsidy caused by the owner, the owner must repay to the PHA any excess subsidy received. The PHA may recover overpaid amounts by withholding housing assistance payments due for subsequent months, or if the debt is large, IRCHSD may allow the owner to pay in installments over a period of time [HCV GB p. 22-13]. IRCHSD Policy In cases where the owner has received excess subsidy, IRCHSD will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B. pg. 225 306 Administrative Plan Indian River County Housing Services Division Prohibited Owner Actions An owner participating in the PHA Program must not: • Make any false statement to the PHA [Title 18 U.S.C. Section 1001]. • Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.453(a)(3)] including: IRCHSD Policy Any of the following will be considered evidence of owner program abuse: • Charging the family rent above or below the amount specified by IRCHSD • Charging a security deposit other than that specified in the family's lease • Charging the family for services that are provided to unassisted tenants at no extra charge • Knowingly accepting housing assistance payments for any month(s) after the family has vacated the unit • Knowingly accepting incorrect or excess housing assistance payments • Offering bribes or illegal gratuities to IRC Board of Commissioners, employees, contractors, or other County representatives • Offering payments or other incentives to an HCV family as an inducement for the family to make false or misleading statements to IRCHSD • Residing in the unit with an assisted family • Committing sexual or other harassment, either quid pro quo or hostile environment, based on the protected classes defined in Chapter 2 Remedies and Penalties When the PHA determines that the owner has committed program abuse, the PHA may take any of the following actions: • Require the owner to repay excess housing assistance payments, as discussed earlier in this section and in accordance with the policies in Chapter 16. • Terminate the HAP contract (See Chapter 13). • Bar the owner from future participation in any PHA programs. • Refer the case to state or federal officials for criminal prosecution as described in section 1411.E. 14 -II D. PHA -CAUSED ERRORS OR PROGRAM ABUSE The responsibilities and expectations of PHA staff with respect to normal program administration are discussed throughout this plan. This section specifically addresses actions of a PHA staff member that are considered errors or program abuse related to the PHA Program. Additional standards of conduct may be provided in the PHA personnel policy. PHA -caused incorrect subsidy determinations include (1) failing to correctly apply HCV rules regarding family composition, income, assets, and expenses, (2) assigning the incorrect voucher size to a family, and (3) errors in calculation. Repayment to the PHA Neither a family nor an owner is required to repay an overpayment of subsidy if the error or program abuse is caused by PHA staff [HCV GB. 22-121. PHA Reimbursement to Family or Owner The PHA must reimburse a family for any underpayment of subsidy, regardless of whether the underpayment was the result of staff -caused error or staff or owner program abuse. Funds for this reimbursement must come from the PHA's administrative fee reserves [HCV GB p. 22-12]. pg. 226 307 Administrative Plan Indian River County Housing Services Division Prohibited Activities IRCHSD Policy Any of the following will be considered evidence of program abuse by IRCHSD staff: • Failing to comply with any PHA Program requirements for personal gain • Failing to comply with any PHA Program requirements as a result of a conflict of interest relationship with any applicant, participant, or owner. • Seeking or accepting anything of material value from applicants, participating families, vendors, owners, contractors, or other persons who provide services or materials to IRCHSD • Disclosing confidential or proprietary information to outside parties • Gaining profit as a result of insider knowledge of PHA activities, policies, or practices • Misappropriating or misusing HCV funds • Destroying, concealing, removing, or inappropriately using any records related to the PHA Program • Committing any other corrupt or criminal act in connection with any federal housing program 14 -II E. CRIMINAL PROSECUTION IRCHSD Policy When IRCHSD determines that program abuse by an owner, family, or IRCHSD staff member has occurred and the amount of overpaid subsidy meets or exceeds the threshold for prosecution under local or state law, IRCHSD will refer the matter to the appropriate entity for prosecution. When the amount of overpaid assistance meets or exceeds the federal threshold, the case will also be referred to the HUD Office of Inspector General (OIG). Other criminal violations related to the PHA Program will be referred to the appropriate local, state, or federal entity. 14 -II F. FRAUD AND PROGRAM ABUSE RECOVERIES The PHA may retain a portion of program fraud losses that the PHA recovers from a family or owner through litigation, court order, or a repayment agreement [24 CFR 982.163]. The PHA must be the principal party initiating or sustaining the action to recover amounts due from tenants that are due as a result of fraud and abuse. 24 CFR 792.202 permits the PHA to retain the greater of: • 50 percent of the amount it actually collects from a judgment, litigation (including settlement of a lawsuit) or an administrative repayment agreement, or • Reasonable and necessary costs that the PHA incurs related to the collection including costs of investigation, legal fees, and agency collection fees. The family must be afforded the opportunity for an informal hearing in accordance with requirements in 24 CFR 982.555. If HUD incurs costs on behalf of the PHA related to the collection, these costs must be deducted from the amount retained by the PHA. pg. 227 308 Administrative Plan Indian River County Housing Services Division Chapter 15: Special Housing Types The PHA may permit a family to use any of the special housing types discussed in this chapter. However, the PHA is not required to permit families receiving assistance in its jurisdiction to use these housing types, except that PHAs must permit use of any special housing type if needed as a reasonable accommodation for a person with a disability. The PHA also may limit the number of families who receive HCV assistance in these housing types and cannot require families to use a particular housing type. No special funding is provided for special housing types. Unless specifically modified by the regulations, NSPIRE standards apply to special housing types (Single Room Occupancy, Congregate Housing, Group Homes, Shared Housing, Manufactured Homes, Homeownership units) [Notice PIH 2023-281. Special housing types include single room occupancy (SRO), congregate housing, group homes, shared housing, cooperative housing, manufactured homes where the family owns the home and leases the space, and homeownership [24 CFR 982.601]. A single unit cannot be designated as more than one type of special housing. The PHA cannot give preference to households that wish to live in any of these types of housing and cannot require households to select any of these types of housing [New HCV GB, Special Housing Types, p. 3]. IRCHSD Policy Families will not be permitted to use any special housing type, except as a reasonable accommodation. IRCHSD will not allow any manufactured homes where the family owns the home and leases the space, no assistance for homeownership homes, no shared housing, no cooperative housing, no congregate housing and no group homes. This chapter consists of the following four parts. Each part contains a description of the housing type and any special requirements associated with it. Except as modified by this chapter, the general requirements of the PHA Program apply to special housing types. Part I: Single Room Occupancy Part II: Congregate Housing Part III: Shared Housing Part IV: Cooperative housing Part I: Single Room Occupancy [24 CFR 982.602 through 982.605 15-1 A. OVERVIEW A single room occupancy (SRO) unit provides living and sleeping space for the exclusive use of the occupant but requires the occupant to share sanitary and/or food preparation facilities with others. More than one person may not occupy an SRO unit. HCV regulations do not limit the number of units in an SRO facility, but the size of a facility may be limited by local ordinances. When providing HCV assistance in an SRO unit, a separate lease and HAP contract are executed for each assisted person. The standard form of the HAP contract is used (form HUD -52641) with the special housing type specified in Part A of the HAP contract, as follows: "This HAP contract is used for the following special housing type under HUD regulations for the Section 8 voucher program: Single room occupancy (SRO) housing." 15-1 B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION The payment standard for SRO housing is 75 percent of the zero -bedroom (studio) payment standard amount on the PHA's payment standard schedule. The utility allowance for an assisted person residing in SRO housing is 75 percent of the zero - bedroom utility allowance. The HAP for an assisted occupant in an SRO facility is the lower of the SRO payment standard amount minus the TTP or the gross rent for the unit minus the TTP. pg. 228 309 Administrative Plan Indian River County Housing Services Division 15-1 C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE) NSPIRE requirements described in Chapter 8 apply to SRO housing except that sanitary facilities, and space and security characteristics must meet local code standards for SRO housing. In the absence of applicable local code standards for SRO housing, the following standards apply: Access: Access doors to the SRO unit must have working locks for privacy. The occupant must be able to access the unit without going through any other unit. Each unit must have immediate access to two or more approved means of exit from the building, appropriately marked and leading to safe and open space at ground level. The SRO unit must also have any other means of exit required by State or local law. • Fire Safety: All SRO facilities must have a sprinkler system that protects major spaces. "Major spaces" are defined as hallways, large common areas, and any other areas specified in local fire, building, or safety codes. SROs must also have hard -wired smoke detectors, and any other fire and safety equipment required by state or local law. Sanitary facilities and space and security standards must meet local code requirements for SRO housing. In the absence of local code standards, the requirements discussed below apply [24 CFR 982.6051. Sanitary Facilities: At least one flush toilet that can be used in privacy, a lavatory basin, and a bathtub or shower in proper operating condition must be provided for each six persons (or fewer) residing in the SRO facility. If the SRO units are leased only to males, flush urinals may be substituted for up to one half of the required number of toilets. Sanitary facilities must be reasonably accessible from a common hall or passageway to all persons sharing them and may not be located more than one floor above or below the SRO unit. They may not be located below grade unless the SRO units are located on that level. • Space and Security: An SRO unit must contain at least 110 square feet of floor space, and at least four square feet of closet space with an unobstructed height of at least five feet, for use by the occupant. If the closet space is less than four square feet, the habitable floor space in the SRO unit must be increased by the amount of the deficiency. Exterior doors and windows accessible from outside the SRO unit must be lockable. For SRO housing, 24 CFR 5.703(d) only applies to the extent that the SRO unit contains the room or facility referenced in 24 CFR 5.703(d). Because no children live in SRO housing, the housing quality standards applicable to lead-based paint do not apply. Part !I: Congregate Housing r24 CFR 982.606 through 982.609 Form HUD -52641; New HCV GB, Special Housing Types, p. 6 15 -II A. OVERVIEW Congregate housing is intended for use by elderly persons or persons with disabilities. A congregate housing facility contains a shared central kitchen and dining area and a private living area for the individual household that includes at least a living room, bedroom and bathroom. Food service for residents must be provided. If approved by the PHA, a family member or live-in aide may reside with the elderly person or person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When providing HCV assistance in congregate housing, a separate lease and HAP contract are executed for each assisted family, T, and the standard form of the HAP contract is used. (form HUD - 52641) with the special housing type specified in Part A of the HAP contract, as follows: "This HAP contract is used for the following special housing type under HUD regulations for the Section 8 voucher program: Congregate housing." pg. 229 310 Administrative Plan Indian River County Housing Services Division 15 -II B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION The payment standard for an individual unit in a congregate housing facility is based on the number of rooms in the private living area for the assisted family. If there is only one room in the unit (not including the bathroom or the kitchen, if a kitchen is provided), The PHA must use the payment standard for a zero bedroom unit. If the unit has two or more rooms (other than the bathroom and the kitchen), the PHA must use the one -bedroom payment standard. The HAP for an assisted occupant in a congregate housing facility is the lower of the applicable payment standard minus the TTP or the gross rent for the unit minus the TTP. The gross rent for the unit for the purpose of calculating HCV assistance is the shelter portion (including utilities) of the resident's monthly housing expense only. The residents' costs for food service should not be included in the rent for a congregate housing unit. 15 -II C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE) NSPIRE requirements as described in Chapter 8 apply to congregate housing except for the requirements stated below. Congregate housing is not subject to the requirement that the dwelling unit must have a kitchen area. In place of the NSPIRE standards related to food preparation and refuse disposal. Congregate housing must have (1) a refrigerator of appropriate size in the private living area of each resident; (2) a central kitchen and dining facilities located within the premises and accessible to the residents, and (3) food service for the residents, that is not provided by the residents themselves. The congregate housing must contain adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage where necessary. The housing quality standards applicable to lead-based paint do not apply unless a child under the age of six is expected to reside in the unit. Part III: SHARED HOUSING [24 CFR 982.615 through 982.618; Form HUD -52641; Notice PIH 2021-05; New HCV GB, Special Housing Types, p. 11 ]] 15 -III A. OVERVIEW Families in markets with tight rental conditions or with a prevalence of single-family housing may determine a shared housing living arrangement to be a useful way to secure affordable housing. PHAs offering shared housing as a housing solution may also experience some reduction in the average per- unit -cost (PUC) paid on behalf of assisted families. Shared housing is a single housing unit occupied by an assisted family and another resident or residents. The unit may be a house or an apartment. The shared unit consists of both common space for use by the occupants of the unit and separate private space for each assisted family. An assisted family may share a unit with other persons assisted under the PHA Program or with other unassisted persons. Shared housing may be offered in a number of ways, including for-profit co -living (such as a boarding house, single bedroom with common living room/kitchen/dining room) run by a private company [Notice PIH 2021-051. The owner of a shared housing unit may reside in the unit, but housing assistance may not be paid on behalf of the owner. The resident owner may not be related by blood or marriage to the assisted family. pg. 230 311 Administrative Plan Indian River County Housing Services Division If approved by the PHA, a live-in aide may reside with the family to care for a person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When shared housing is offered as a housing option, HUD encourages PHAs to consider ways in which the families may be assisted in finding shared housing, including for-profit shared housing matching (such as roommates or single -family homes) and online sites that charge a fee for their matching services, or nonprofit shared housing matching services. HUD further encourages PHAs to include information about this housing possibility in the family's voucher briefing. PHAs should be aware of potential local legal barriers to HCV participants using shared housing, which can create additional obstacles for shared housing: Municipalities may have occupancy limits for the number of unrelated persons who may share a housing unit. Local zoning codes for single family housing may restrict occupancy in certain areas to households whose family members are related by blood. PHAs should work with local jurisdictions to find solutions that encourage affordable housing and are consistent with the Fair Housing Act, Title VI, and other federal, state, and local fair housing laws. PHAs should inform HUD if they encounter barriers to shared housing that may conflict with fair housing laws. When providing HCV assistance in shared housing, a separate lease and HAP contract are executed for each assisted family, and the standard form of the HAP contract is used. The standard form of the HAP contract is used (form HUD -52641) with the special housing type specified in Part A of the HAP contract, as follows: "This HAP contract is used for the following special housing type under HUD regulations for the Section 8 voucher program: Shared housing." 15 -III B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION The payment standard for a family in shared housing is the lower of 80% of the payment standard for the family unit size (voucher size) or the pro -rata share of the payment standard for the shared housing unit size. The pro -rata share is calculated by dividing the number of bedrooms available for occupancy by the assisted family in the private space, non -shared by the total number of bedrooms in the unit. Example: Family holds a two-bedroom voucher. Shared housing unit size: bedrooms available to assisted family = 2 Total bedrooms in the unit: 3 2 Bedrooms for assisted family _ 3 Bedrooms in the unit = .667 pro -rata share 2 BR payment standard: $1200 3 BR payment standard: $1695 $1695 x .667 (pro -rata share) _ $1131 $1131 is lower than the $1200 payment standard for the 2 BR family unit size $1131 is the payment standard used to calculate the HAP The HAP for a family in shared housing is the lower of the payment standard minus the TTP or the gross rent minus the TTP. For a family that resides in a shared housing unit, the payment standard is 80% of the payment standard for a unit of the same bedroom size. The utility allowance for an assisted family living in shared housing is the lower of the utility allowance for the family unit size (voucher size) or the pro -rata share of the utility allowance for the shared housing unit. pg. 231 312 Administrative Plan Indian River County Housing Services Division Example: A family holds a 2 -bedroom voucher. The family decides to occupy 3 out of 4 bedrooms available in the unit. The utility allowance for a 4 -bedroom unit equals $200 The utility allowance for a 2 -bedroom unit equals $100 The prorate share of the utility allowance is $150 (3/4 of $200) The PHA will use the 2 -bedroom utility allowance of $100. The rents paid for families living in shared housing are subject to generally applicable standards for rent reasonableness. The rent paid to the owner for the assisted family must not exceed the pro -rata portion of the reasonable rent for the shared unit. In determining reasonable rent, the PHA may consider whether sanitary and food preparation areas are private or shared. 15 -III C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE) IRCHSD may not give approval to reside in shared housing unless the entire unit, including the portion of the unit available for use by the assisted family under its lease, meets Housing Quality Standards (HQS) as outlined in Chapter 8 and complies with current NSPIRE health, safety, and functionality requirements. HQS requirements described in Chapter 8 apply to shared housing, except for the specific requirements listed below: Sanitary Facilities: Facilities available to the assisted family, whether located in the family's private space or in shared common areas, must include: • A living room, • Sanitary facilities (i.e., a bathroom with a working toilet, sink, and bathing area), • Food preparation and refuse disposal facilities (e.g., a working stove or range, refrigerator, sink with hot and cold water, and food storage space), in accordance with 24 CFR 982.401(b) and (c). Space and Security: The entire unit must provide adequate space and security for all assisted and unassisted residents. Each assisted family must be provided with: • A private space that includes at least one bedroom for each two persons in the family, • A private space that is not less than the family unit size determined by the PHA, and • Access to common space is appropriate and functional for shared use. • A zero -bedroom or one -bedroom unit may not be used for shared housing. NSPIRE Compliance: All shared housing units must also meet NSPIRE standards to ensure safe, decent, and sanitary conditions. This includes: • Functioning electrical systems, • Safe and secure windows, doors, and locks, • Adequate ventilation and lighting, • Absence of health or safety hazards in private and shared spaces, • Cleanliness and habitability of common areas used by all residents. Part IV: Cooperative Housing [24 CFR 982.619; New HCV GB, Special Housing Types, p. 14] 15 -IV A. OVERVIEW This part applies to rental assistance for a cooperative member residing in cooperative housing. It does not apply to assistance for a cooperative member who has purchased membership under the HCV homeownership option, or to rental assistance for a family that leases a cooperative housing unit from a cooperative member. pg. 232 313 Administrative Plan Indian River County Housing Services Division A cooperative is a form of ownership (nonprofit corporation or association) in which the residents purchase memberships in the ownership entity. Rather than being charged "rent" a cooperative member is charged a "carrying charge." The monthly carrying charge includes the member's share of the cooperative debt service, operating expenses, and necessary payments to cooperative reserve funds. It does not include down payments or other payments to purchase the cooperative unit or to amortize a loan made to the family for this purpose. The occupancy agreement or lease and other appropriate documents must provide that the monthly carrying charge is subject to Section 8 limitations on rent to owner, and the rent must be reasonable as compared to comparable unassisted units. When providing HCV assistance in cooperative housing, the standard form of the HAP contract is used with the special housing type specified in Part A of the HAP contract, as follows: "This HAP contract is used for the following special housing type under HUD regulations for the Section 8 voucher program: Cooperative housing." 15 -IV B. PAYMENT STANDARD AND UTILITY ALLOWANCE The payment standard and utility allowance are determined according to regular PHA Program requirements. The HAP for a cooperative housing unit is the lower of the payment standard minus the TTP or the gross rent (monthly carrying charge for the unit, plus any utility allowance), minus the TTP. The monthly carrying charge includes the member's share of the cooperative debt service, operating expenses, and necessary payments to cooperative reserve funds. The carrying charge does not include down payments or other payments to purchase the cooperative unit or to amortize a loan made to the family for this purpose. 15 -IV C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE (NSPIRE) All standard HQS requirements apply to cooperative housing units. There are no additional housing quality requirements. The PHA remedies described in 24 CFR 982.404 do not apply. Rather, if the unit and premises are not maintained in accordance with NSPIRE standards, the PHA may exercise all available remedies regardless of whether the family or cooperative is responsible for the breach of NSPIRE standards. No housing assistance payment can be made unless unit meets NSPIRE standards, and the defect is corrected within the period as specified by the PHA and the PHA verifies correction (see Chapter 8). In addition to regular breaches of housing quality, breaches of NSPIRE standards by the family include failure to perform any maintenance for which the family is responsible in accordance with the terms of the cooperative occupancy agreement [HCV GB] . pg. 233 314 Administrative Plan Indian River County Housing Services Division Chapter 16: Program Administration This chapter discusses administrative policies and practices that are relevant to the activities covered in this plan. The policies are discussed in seven parts as described below: Part I: Administrative Fee Reserve. This part describes the PHA's policies with regard to oversight of expenditures from its administrative fee reserve. Part II: Setting Program Standards and Schedules. This part describes what payment standards are, and how they are updated, as well as how utility allowances are established and revised. Part III: Informal Reviews and Hearings. This part outlines the requirements and procedures for informal reviews and hearings, and for informal hearings regarding citizenship status. Part IV: Owner or Family Debts to the PHA. This part describes policies for recovery of monies that the PHA has overpaid on behalf of families, or to owners, and describes the circumstances under which IRCHSD will offer repayment agreements to owners and families. Also discussed are the consequences for failure to make payments in accordance with a repayment agreement. Part V: Section 8 Management Assessment Program (SEMAP). This part describes what the SEMAP scores represent, how they are established, and how those scores affect a PHA. Part VI: Record -Keeping. All aspects of the program involve certain types of record-keeping. This part outlines the privacy rights of applicants and participants and record retention policies the PHA will follow. Part VII: Reporting and Record Keeping for Children with Elevated Blood Lead Level. This part describes the PHA's responsibilities for reporting, data collection, and record keeping relative to children with elevated blood lead levels that are less than six years of age, and are receiving HCV assistance. Part VIII: Determination of Insufficient Funding. This part describes the PHA's policies for determining if there is sufficient funding to issue vouchers, to approve moves to higher cost units or areas, and to continue assistance for all participant families. Part IX: Violence against Women Act (VAWA): Notification, Documentation, Confidentiality. This part contains key terms used in VAWA and describes requirements related to notifying families and owners about their rights and responsibilities under VAWA; requesting documentation from victims of domestic violence, dating violence, sexual assault, and stalking; and maintaining the confidentiality of information obtained from victims. Part I: Administrative Fee Reserve r24 CFR 982.155 The PHA will maintain administrative fee reserves, or unrestricted net position (UNP) for the program to pay program administrative expenses in excess of administrative fees paid by HUD for a PHA fiscal year. HUD appropriations acts beginning with FFY 2004 have specified that administrative fee funding may be used only for activities related to the provision of HCV assistance, including related development activities. Notice PIH 2012-9 cites two examples of related development activities: unit modification for accessibility purposes and development of project -based voucher units. The notice makes clear that other activities may also qualify as related development activities. Administrative fees that remain in the UNP account from funding provided prior to 2004 may be used for "other housing purposes permitted by state and local law," in accordance with 24 CFR 982.155(b)(1). In addition, as specified in Notice PIH 2022-18, PHAs may use administrative fee funding for both administrative and "other expenses" needed to employ strategies and undertake activities beyond regular administrative responsibilities to facilitate the successful leasing and use of housing choice vouchers by families, such as through the use of security deposit assistance and landlord recruitment and incentive pg. 234 315 Administrative Plan Indian River County Housing Services Division payments, among other allowable expenses specified in the notice. PHAs are also permitted to use UNP for these expenses [Notice PIH 2022-181. If a PHA has not adequately administered its PHA Program, HUD may prohibit use of funds in the UNP Account and may direct the PHA to use funds in that account to improve administration of the program, for HCV HAP expenses, or to reimburse ineligible expenses in accordance with the regulation at 24 CFR 982.155(b)(3). HUD requires the PHA Board of Commissioners or other authorized officials to establish the maximum amount that may be charged against the UNP account without specific approval. IRCHSD Policy Expenditures from the UNP account will be made in accordance with all applicable federal requirements. Expenditures will not exceed $25,000 per occurrence without the prior approval of the IRCHSD Manager, $25,000 to $50,000 per occurrence without the prior approval of the County Administrator and over $50,000 per occurrence without the prior approval of the Indian River County Board of County Commissioners. Part II: Setting Program Standards and Schedules 16 -II A. OVERVIEW Although many of the program's requirements are established centrally by HUD, the PHA Program's regulations recognize that some flexibility is required to allow the PHA to adapt the program to local conditions. This part discusses how the PHA establishes and updates certain schedules and standards that are used to administer the program locally. Details about how these schedules are applied to individual families are provided in other chapters. The schedules and standards discussed here include: • Payment Standards, which dictate the maximum subsidy a family can receive (application of the payment standards is discussed in Chapter 6); and • Utility Allowances, which specify how a family's payment should be adjusted to account for tenant -paid utilities (application of utility allowances is discussed in Chapter 6). IRCHSD Policy Copies of the payment standard and utility allowance schedules are available for review on IRCHSD's website www.indianriver.gov. Families, owners, and members of the public may submit written comments on the schedules discussed in this part, at any time, for consideration during the next revision cycle. IRCHSD will maintain documentation to support its annual review of payment standards and utility allowance schedules. This documentation will be retained for at least 3 years. Establishing and updating the PHA passbook rate, which is used to calculate imputed income from assets, is covered in Chapter 6 (see Section 6-I.G.). 16 -II B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, CHAPTER 7] The payment standard sets the maximum subsidy payment a family can receive from the PHA each month [24 CFR 982.505(a)]. Payment standards are based on fair market rents (FMRs) published annually by HUD. FMRs are set at a percentile within the rent distribution of standard quality rental housing units in each FMR area. For most jurisdictions FMRs are set at the 40th percentile of rents in the market area. The PHA must establish a payment standard schedule that establishes payment standard amounts for each FMR area within the PHA's jurisdiction, and for each unit size within each of the FMR areas. For each unit size, the PHA may establish a single payment standard amount for the whole FMR area or may set different payment standards for different parts of the FMR area. Unless HUD grants an exception, the pg. 235 316 Administrative Plan Indian River County Housing Services Division PHA is required to establish a payment standard within a "basic range" established by HUD — between 90 and 110 percent of the published FMR for each unit size. Updating Payment Standards When HUD updates its FMRs, the PHA must update its payment standards if the standards are no longer within the basic range [24 CFR 982.503(b)]. HUD may require the PHA to make further adjustments if it determines that rent burdens for assisted families in the PHA's jurisdiction are unacceptably high [24 CFR 982.503(g)]. IRCHSD Policy Will review the appropriateness of the payment standards on an annual basis when the new FMR is published, and at other times as determined necessary. In addition to ensuring the payment standards are always within the "basic range" the HCV Agency will consider the following factors when determining whether an adjustment should be made to the payment standard schedule: Funding Availability: Will review the budget to determine the impact projected subsidy adjustments will have on funding available for the program and the number of families served. Will compare the number of families who could be served under revised payment standard amounts with the number assisted under current payment standard amounts. Rent Burden of Participating Families: Rent burden will be determined by identifying the percentage of families, for each unit size, that are paying more than 30 percent of their monthly adjusted income as the family share. When 40 percent or more of families, for any given unit size, are paying more than 30 percent of adjusted monthly income as the family share, will consider increasing the payment standard. In evaluating rent burdens, will not include families renting a larger unit than their family unit size. Quality of Units Selected: Will review the quality of units selected by participant families when making the determination of the percent of income families are paying for housing, to ensure that payment standard increases are only made when needed to reach the mid- range of the market. Changes in Rent to Owner: May review a sample of the units to determine how often owners are increasing or decreasing rents and the average percent of increases/decreases by bedroom size. Unit Availability: Will review the availability of units for each unit size, particularly in areas with low concentrations of poor and minority families. Lease -up Time and Success Rate: Will consider the percentage of families that are unable to locate suitable housing before the voucher expires and whether families are leaving the jurisdiction to find affordable housing. Changes to payment standard amounts will be effective on October 1 st of every year, or within three months of the FMR effective date, whichever is earlier. The effective date is applicable both to HUD -required revisions and to discretionary revisions. Exception Payment Standards [24 CFR 982.503(c), Notice PIH 2018-01, FR Notice 9/27/211 The PHA must request HUD approval to establish payment standards that are higher than the basic range. At HUD's sole discretion, HUD may approve a payment standard amount that is higher than the basic range for a designated part of the FMR area. HUD may approve an exception payment standard amount (in accordance with program requirements) for all units, or for all units of a given size, leased by program families in the exception area. Any PHA with jurisdiction in the exception area may use the HUD -approved exception payment standard amount. The total population of all HUD -approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area. pg. 236 317 Administrative Plan Indian River County Housing Services Division Unit -by -Unit Exceptions [24 CFR 982.503(b), 24 CFR 982.505(d), Notice PIH 2010-261 Unit -by -unit exceptions to the PHA's payment standards generally are not permitted. However, an exception may be made as a reasonable accommodation for a family that includes a person with disabilities. (See Chapter 2 for a discussion of reasonable accommodations.) This type of exception does not affect the PHA's payment standard schedule. When needed as a reasonable accommodation, the PHA may make an exception to the payment standard without HUD approval if the exception amount does not exceed 120 percent of the applicable FMR for the unit size [24 CFR 982.503(b)]. The PHA may request HUD approval for an exception to the payment standard for a particular family if the required amount exceeds 120 percent of the FMR. IRCHSD Policv IRCHSD may provide an accommodation payment standard for persons with disabilities under the following circumstances: • The family requests the accommodation in writing; and • The family provides verification of the disability meeting the standards described in Chapter 2, and the verification shows that the need for the higher payment standard is related to the disability. The accommodation payment standard shall be established within the basic range, unless an increase beyond the basic range is approved by the Indian River County Board of County Commissioners. "Success Rate" Payment Standard Amounts [24 CFR 982.503(e)1 If a substantial percentage of families have difficulty finding a suitable unit, the PHA may request a "success rate payment standard" that applies to the entire jurisdiction. If approved by HUD, a success rate payment standard allows the PHA to set its payment standards at 90-110 percent of a higher FMR (the 50th, rather than the 40th percentile FMR). To support the request, the PHA must demonstrate that during the most recent 6 -month period for which information is available: • Fewer than 75 percent of families who were issued vouchers became participants; • The PHA had established payment standards for all unit sizes, and for the entire jurisdiction, at 110 percent of the published FMR; and • The PHA had a policy of allowing voucher holders who made sustained efforts to locate units at least 90 days to search for a unit. Although HUD approves the success rate payment standard for all unit sizes in the FMR area, the PHA may choose to adjust the payment standard for only some unit sizes in all, or a designated part, of the PHA's jurisdiction within the FMR area. Decreases in the Payment Standard below the Basic Range [24 CFR 982.503(d)1 The PHA must request HUD approval to establish a payment standard amount that is lower than the basic range. At HUD's sole discretion, HUD may approve establishment of a payment standard lower than the basic range. HUD will not approve a lower payment standard if the family share for more than 40 percent of program participants exceeds 30 percent of adjusted monthly income. 16 -II C. UTILITY ALLOWANCES [24 CFR 982.5171 A PHA -established utility allowance schedule is used in determining family share and PHA subsidy. The PHA must maintain a utility allowance schedule for (1) all tenant -paid utilities, (2) the cost of tenant -supplied refrigerators and ranges, and (3) other tenant -paid housing services such as trash collection. The utility allowance schedule must be determined based on the typical cost of utilities and services paid by energy -conservative households that occupy housing of similar size and type in the same locality. In developing the schedule, the PHA must use normal patterns of consumption for the community as a whole, and current utility rates. pg. 237 318 Administrative Plan Indian River County Housing Services Division The utility allowance must include the utilities and services that are necessary in the locality to provide housing that complies with housing quality standards. Costs for telephone, cable/satellite television, and internet services are not included in the utility allowance schedule. In the utility allowance schedule, the PHA must classify utilities and other housing services according to the following general categories: space heating; air conditioning; cooking; water heating; water; sewer; trash collection; other electric; cost of tenant -supplied refrigerator; cost of tenant -supplied range; and other specified housing services. The cost of each utility and housing service must be stated separately by unit size and type. Chapter 18 of the HCV Guidebook provides detailed guidance to the PHA about establishing utility allowance schedules. Air Conditioning An allowance for air-conditioning must be provided when the majority of housing units in the market have central air-conditioning or are wired for tenant -installed air conditioners. IRCHSD Policy IRCHSD has included an allowance for air-conditioning in its schedule. Central air-conditioning or a portable air conditioner must be present in a unit before they will apply this allowance to a family's rent and subsidy calculations. Reasonable Accommodation PHA Program regulations require a PHA to approve a utility allowance amount higher than shown on the PHA's schedule if a higher allowance is needed as a reasonable accommodation for a family member with a disability. For example, if a family member with a disability requires such an accommodation, the PHA will approve an allowance for air-conditioning, even if the PHA has determined that an allowance for air-conditioning generally is not needed (See Chapter 2 for policies regarding the request and approval of reasonable accommodations). Utility Allowance Revisions The PHA must review its schedule of utility allowances each year, and must revise the schedule if there has been a change of 10 percent or more in any utility rate since the last time the allowance for that utility was revised. The PHA must maintain information supporting its annual review of utility allowance and any revisions made in its utility allowance schedule. Part III: Informal Reviews and Hearings 16 -III A. OVERVIEW Both applicants and participants have the right to disagree with, and appeal, certain decisions of the PHA that may adversely affect them. PHA decisions that may be appealed by applicants and participants are discussed in this section. The process for applicant appeals of PHA decisions is called the "informal review." For participants (or applicants denied admission because of citizenship issues), the appeal process is called an "informal hearing." PHAs are required to include informal review procedures for applicants and informal hearing procedures for participants in their administrative plans [24 CFR 982.54(d)(12) and (13)]. pg. 238 319 Administrative Plan Indian River County Housing Services Division 16-111 B. INFORMAL REVIEWS Informal reviews are provided for program applicants. An applicant is someone who has applied for admission to the program, but is not yet a participant in the program. Informal reviews are intended to provide a "minimum hearing requirement" [24 CFR 982.554], and need not be as elaborate as the informal hearing requirements [Federal Register 60, no. 127 (3 July 1995): 346901. Decisions Subject to Informal Review The PHA must give an applicant the opportunity for an informal review of a decision denying assistance [24 CFR 982.554(a)]. Denial of assistance may include any or all of the following [24 CFR 982.552(a)(2)]: • Denying listing on the PHA waiting list • Denying or withdrawing a voucher • Refusing to enter into a HAP contract or approve a lease • Refusing to process or provide assistance under portability procedures Informal reviews are not required for the following reasons [24 CFR 982.554(c)]: • Discretionary administrative determinations by the PHA • General policy issues or class grievances • A determination of the family unit size under the PHA subsidy standards • A PHA determination not to approve an extension or suspension of a voucher term • A PHA determination not to grant approval of the tenancy • A PHA determination that the unit is not in compliance with the NSPIRE standards • A PHA determination that the unit is not in accordance with the space standards due to family size or composition IRCHSD Policy IRCHSD will only offer an informal review to applicants for whom assistance is being denied. Denial of assistance includes: denying listing on the IRCHSD waiting list; denying or withdrawing a voucher; refusing to enter into a HAP contract or approve a lease; refusing to process or provide assistance under portability procedures. Exception: An applicant whose application is denied for reasons of citizenship or eligible immigrant status shall be provided an "informal hearing" (see procedures below). Notice to the Applicant 124 CFR 982.554(a)1 The PHA must give an applicant prompt notice of a decision denying assistance. The notice must contain a brief statement of the reasons for the PHA decision, and must also state that the applicant may request an informal review of the decision. The notice must describe how to obtain the informal review. IRCHSD Policy If IRCHSD obtains criminal record information from a State or local agency showing that a household member has been convicted of a crime relevant to applicant screening, IRCHSD will notify the household of the proposed action and will provide the subject of the record and the applicant a copy of such information, The applicant will be given an opportunity to dispute the accuracy and relevance of the information. This opportunity will be provided before a denial of admission on the basis of such information (24 CFR 5.903(f)). Scheduling an Informal Review IRCHSD Policy A request for an informal review must be made in writing and delivered to IRCHSD either in person or by first class mail, by the close of the business day, no later than 10 business days from the date of IRCHSD's denial of assistance. IRCHSD must schedule and send written notice of the informal review within 10 business days of the family's request. pg. 239 320 Administrative Plan Indian River County Housing Services Division Informal Review Procedures [24 CFR 982.554(b)] The informal review must be conducted by a person other than the one who made or approved the decision under review, or a subordinate of this person. The applicant must be provided an opportunity to present written or oral objections to the decision of IRCHSD. Ensuring Accessibility for Persons with Disabilities and LEP Individuals As with in-person informal reviews, the platform for conducting remote informal reviews must be accessible to persons with disabilities and the informal review must be conducted in accordance with Section 504 and accessibility requirements. This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and independence of the individual. PHAs may never request or require that individuals with disabilities provide their own auxiliary aids or services, including for remote informal hearings. PHAs are required to make reasonable accommodations in policies, practices, and procedures to ensure persons with disabilities have a full and equal opportunity to participate in and benefit from all aspects of the informal review process. See Chapter 2 for a more detailed discussion of reasonable accommodation requirements. If no method of conducting a remote informal review is available that appropriately accommodates an individual's disability, the PHA may not hold against the individual their inability to participate in the remote informal review, and the PHA should consider whether postponing the remote informal review to a later date is appropriate or whether there is a suitable alternative. Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation, will depend on the specific circumstances and requirements. As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to remote informal reviews, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote informal reviews. Conducting Remote Informal Reviews The PHA must ensure that the lack of technology or inability to use technology for remote informal reviews does not pose a disadvantage to families that may not be apparent to the PHA. The PHA should determine through a survey or other means if these barriers exist prior to conducting the remote informal review and, if the family does not have the proper technology to fully participate, either postpone the informal review or provide an alternative means of access. As with in-person informal reviews, the PHA must provide all materials presented, whether paper or electronic, to the family prior to the remote informal review. The family must also be provided with an accessible means by which to transmit their own evidence. The PHA must ensure that the applicant has the right to hear and be heard. All PHA policies and processes for remote informal reviews must be conducted in accordance with due process requirements and be in compliance with HUD regulations at 24 CFR 982.554 and guidance specified in Notice PIH 2020-32. Informal Review Decision 1`24 CFR 982.554(b)1 The PHA must notify the applicant of the PHA's final decision, including a brief statement of the reasons for the final decision. pg. 240 321 Administrative Plan Indian River County Housing Services Division IRCHSD Policy In rendering a decision, IRCHSD will evaluate the following matters: • Whether or not the grounds for denial were stated factually in the notice to the family. • The validity of the grounds for denial of assistance. If the grounds for denial are not specified in the regulations, then the decision to deny assistance will be overturned. • The validity of the evidence. IRCHSD will evaluate whether the facts presented prove the grounds for denial of assistance. If the facts prove that there are grounds for denial, and the denial is required by HUD, IRCHSD will uphold the decision to deny assistance. • If the facts prove the grounds for denial, and the denial is discretionary, IRCHSD will consider the recommendation of the person conducting the informal review in making the final decision whether to deny assistance. IRCHSD will notify the applicant of the final decision, including a statement explaining the reason(s) for the decision. The notice will be mailed within 10 business days of the informal review, to the applicant and their representative, if any, along with proof of mailing. If the decision to deny is overturned as a result of the informal review, processing for admission will resume. If the family fails to appear for their informal review without notice, the denial of admission will stand, and the family will not receive another notification. 16 -III C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.5551 The PHA must offer an informal hearing for certain PHA determinations relating to the individual circumstances of a participant family. A participant is defined as a family that has been admitted to the PHA program and is currently assisted in the program. The purpose of the informal hearing is to consider whether the PHA's decisions related to the family's circumstances are in accordance with the law, HUD regulations and PHA policies. The PHA is not permitted to terminate a family's assistance until the time allowed for the family to request an informal hearing has elapsed, and any requested hearing has been completed. Termination of assistance for a participant may include any or all of the following: • Refusing to enter into a HAP contract or approve a lease • Terminating housing assistance payments under an outstanding HAP contract • Refusing to process or provide assistance under portability procedures Decisions Subject to Informal Hearing Circumstances for which the PHA must give a participant family an opportunity for an informal hearing are as follows: • A determination of the family's annual or adjusted income, and the use of such income to compute the housing assistance payment • A determination of the appropriate utility allowance (if any) for tenant -paid utilities from the PHA utility allowance schedule • A determination of the family unit size under the PHA's subsidy standards • A determination to terminate assistance for a participant family because of the family's actions or failure to act • A determination to terminate assistance because the participant has been absent from the assisted unit for longer than the maximum period permitted under PHA policy and HUD rules A determination to terminate a participant's enrollment in FSS or JobLink, withhold supportive services, or propose forfeiture of the family's escrow account [24 CFR 984.303(1)] pg. 241 322 Administrative Plan Indian River County Housing Services Division Circumstances for which an informal hearing is not required are as follows: • Discretionary administrative determinations by the PHA • General policy issues or class grievances • Establishment of the PHA schedule of utility allowances for families in the program • A PHA determination not to approve an extension or suspension of a voucher term • A PHA determination not to approve a unit or tenancy • A PHA determination that a unit selected by the applicant is not in compliance with the NSPIRE standards • A PHA determination that the unit is not in accordance with space standards because of family size • A determination by the PHA to exercise or not to exercise any right or remedy against an owner under a HAP contract IRCHSD Policy IRCHSD will only offer participants the opportunity for an informal hearing when required by the regulations. Informal Hearing Procedures Notice to the Family (24 CFR 982.555(c)1 When the PHA makes a decision that is subject to informal hearing procedures, the PHA must inform the family of its right to an informal hearing at the same time that it informs the family of the decision. For decisions related to the family's annual or adjusted income, the determination of the appropriate utility allowance, and the determination of the family unit size, the PHA must notify the family that they may ask for an explanation of the basis of the determination, and that if they do not agree with the decision, they may request an informal hearing on the decision. For decisions related to the termination of the family's assistance, or the denial of a family's request for an exception to the PHA's subsidy standards, the notice must contain a brief statement of the reasons for the decision, a statement that if the family does not agree with the decision, the family may request an informal hearing on the decision, and a statement of the deadline for the family to request an informal hearing. IRCHSD Policy In cases where a decision is made for which an informal hearing must be offered, the notice to the family will include all of the following: • The proposed action or decision; • A brief statement on the reasons for the decision, including the regulatory reference; • The date the proposed action or decision will take place; • The participant's right to an explanation of the basis for the decision; • The procedures for requesting a hearing if the participant disputes the action or decision; • The deadline for requesting the hearing; and • The name or title of the person to whom the hearing request should be addressed. • A copy of the PHA's hearing procedures. If IRCHSD obtains criminal record information from a State or local agency showing that a household member has been convicted of a crime that may result in a denial of continued participation in the program, IRCHSD will notify the household of the proposed action and will provide the subject of the record and the participant a copy of such information, and an opportunity to dispute the accuracy and relevance of the information. (24 CFR 5.903(f)) A copy of IRCHSD's hearing procedures shall be provided if requested by the family. pg. 242 323 Administrative Plan Indian River County Housing Services Division Scheduling an Informal Hearing (24 CFR 982.555(d)1 When an informal hearing is required, the PHA must proceed with the hearing in a reasonably expeditious manner upon the request of the family. IRCHSD Policy A request for an informal hearing must be made in writing and delivered to IRCHSD either in person or by first class mail, by the close of the business day, no later than 10 business days from the date of IRCHSD's decision or notice to terminate assistance. When a request for an informal hearing is received, a hearing shall be scheduled within 10 business days from the date the request is received by IRCHSD. The hearing notification shall state: • The date and time of the hearing; • The place where the hearing will be held; • That the participant has a right to present evidence and witnesses, bring translators, and be represented by legal or other representatives at the participant's expense; and • The participant's pre -hearing right to discovery. The family may request to reschedule a hearing for good cause, or if it is needed as a reasonable accommodation for a person with disabilities. Good cause is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family. Requests to reschedule a hearing must be made orally or in writing prior to the hearing date. At its discretion, IRCHSD may request documentation of the "good cause" prior to rescheduling the hearing. If the family does not appear within 20 minutes of the scheduled time and was unable to rescheduled the hearing in advance due to the nature of the conflict, the family must contact IRCHSD within 24 hours of the scheduled hearing date, excluding weekends and holidays. IRCHSD will reschedule the hearing only if the family can show good cause for the failure to appear, or if it is needed as a reasonable accommodation for a person with disabilities. Pre -Hearing Right to Discovery X24 CFR 982.555(e)) Participants and the PHA are permitted pre -hearing discovery rights. The family must be given the opportunity to examine before the hearing any PHA documents that are directly relevant to the hearing. The family must be allowed to copy any such documents at their own expense. If the PHA does not make the document available for examination on request of the family, the PHA may not rely on the document at the hearing. The PHA hearing procedures may provide that the PHA must be given the opportunity to examine at the PHA offices before the hearing, any family documents that are directly relevant to the hearing. The PHA must be allowed to copy any such document at the PHA's expense. If the family does not make the document available for examination on request of the PHA, the family may not rely on the document at the hearing. For the purpose of informal hearings, documents include records and regulations. IRCHSD Policy If the family requests copies of documents relevant to the hearing, IRCHSD will make the copies for the family and assess a charge of 15 cents per copy. In no case will the family be allowed to remove the file from IRCHSD's office. The family must request discovery of PHA documents no later than three business days prior to the scheduled hearing date. IRCHSD shall have the opportunity to examine, at its offices, before the hearing, any of the participant's documents that are relevant to the hearing and must be allowed to copy any such document at its expense. Any documents not provided to IRCHSD may not be used in the hearing. pg. 243 324 Administrative Plan Indian River County Housing Services Division Participant's Right to Bring Counsel [24 CFR 982.555(e)(3)1 At its own expense, the family may be represented by a lawyer or other representative at the informal hearing. IRCHSD Policy Other Participant Rights Hearings Not Involvinq a Voucher Termination Participants have the right to: • Present written or oral objections to IRCHSD's determination; • Present any information or witnesses on any pertinent issues; and • Request that IRCHSD staff be available or present at the hearing to answer questions pertinent to the case. Hearings Involving a Voucher Termination IRCHSD shall afford, at a minimum, the following procedural safeguards to any Housing Choice Voucher participant facing termination: • At least 30 days' notice of the grounds for termination; • An opportunity to appear in person and present objections orally; • An opportunity to present any information or witnesses on any pertinent issues; • An opportunity to confront and cross-examine adverse witnesses; • A competent and impartial decision -maker; • Determination of relevant facts by a preponderance of the evidence; • A decision based solely on the evidence and arguments presented at the hearing; • A written decision that explains the legal reasoning and factual basis for the decision; IRCHSD Rights Hearings Not Involving a Voucher Termination In addition to other rights contained in this Chapter, IRCHSD has a right to: • Present evidence and information on any pertinent issue; • Three days' advance notice of the participant's intent to be represented by legal counsel or other advocate or representative; • Examine and copy any documents presented at the hearing; • Be represented by counsel; and • Have staff persons and other witnesses familiar with the case present. Hearings Involving a Voucher Termination In addition to other rights contained in this Chapter, IRCHSD has a right to: • Present evidence and information on any pertinent issue; • Three days' advance notice of the participant's intent to be represented by legal counsel or other advocate or representative; • Examine and copy any documents presented at the hearing; • Be represented by counsel; and • Have witnesses testify on any issue and have staff persons and other witnesses familiar with the case present. Informal Hearing Officer X24 CFR 982.555(e)(4)1 Informal hearings will be conducted by a person or persons approved by the PHA, other than the person who made or approved the decision or a subordinate of the person who made or approved the decision. pg. 244 325 Administrative Plan Indian River County Housing Services Division IRCHSD Policy IRCHSD has designated the following to serve as hearing officers: To be determined at the time of the Informal Hearing request and will be randomly selected. Attendance at the Informal Hearing IRCHSD Policy Hearings may be attended by a hearing officer and the following applicable persons: • A County representative(s) and any witnesses for IRCHSD • The participant and any witnesses for the participant • The participant's counsel or other representative • Any other person approved by IRCHSD as a reasonable accommodation for a person with a disability. Conduct at Hearings The person who conducts the hearing may regulate the conduct of the hearing in accordance with the PHA's hearing procedures [24 CFR 982.555(4)(ii)]. IRCHSD Policy The hearing officer is responsible to manage the order of business and to ensure that hearings are conducted in a professional and businesslike manner. Attendees are expected to comply with all hearing procedures established by the hearing officer and guidelines for conduct. Any person demonstrating disruptive, abusive or otherwise inappropriate behavior will be excused from the hearing at the discretion of the hearing officer. The informal hearing shall be conducted by a Hearing Officer appointed by IRCHSD who is neither the person who made or approved the decision, nor a subordinate of that person. Only the issues subject to appeal and raised by the participant in their notice of appeal shall be addressed at the hearing. Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence in judicial proceedings. No documents may be presented at the hearing which have not been provided to the other party if requested before the hearing. "Documents" include all written records. If the family fails to appear at the hearing or fails to meet a deadline imposed by the Hearing Officer, the decision of IRCHSD shall become final and take effect immediately. No new hearing will be granted unless the applicant is able to demonstrate to IRCHSD, by clear and compelling evidence, that their failure to appear or meet the deadline was caused by circumstances beyond their control. Evidence (24 CFR 982.555(e)(5)1 The PHA and the family must be given the opportunity to present evidence and question any witnesses. In general, all evidence is admissible at an informal hearing. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. IRCHSD Policy Any evidence to be considered by the hearing officer must be presented at the time of the hearing. There are four categories of evidence. Oral evidence: the testimony of witnesses Documentary evidence: a writing which is relevant to the case, for example, a letter written to IRCHSD. Writings include all forms of recorded communication or representation, including letters, words, pictures, sounds, videotapes or symbols or pg. 245 326 Administrative Plan Indian River County Housing Services Division combinations thereof. Demonstrative evidence: Evidence created specifically for the hearing and presented as an illustrative aid to assist the hearing officer, such as a model, a chart or other diagram. Real evidence: A tangible item relating directly to the case. Hearsay Evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter. Even though evidence, including hearsay, is generally admissible, hearsay evidence alone cannot be used as the sole basis for the hearing officer's decision. If either IRCHSD or the family fail to comply with the discovery requirements described above, the hearing officer will refuse to admit such evidence. Other than the failure of a party to comply with discovery, the hearing officer has the authority to overrule any objections to evidence. Procedures for Rehearing or Further Hearing IRCHSD PPoh The hearing officer may ask the family for additional information and/or might adjourn the hearing in order to reconvene at a later date, before reaching a decision. If the family misses an appointment or deadline ordered by the hearing officer, the action of IRCHSD will take effect and another hearing will not be granted. Hearing Officer's Decision (24 CFR 982.555(e)(6)1 The person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family must be based on a preponderance of evidence presented at the hearing. IRCHSD Policy In rendering a decision, the hearing officer will consider the following matters: • IRCHSD notice to the Family: The hearing officer will determine if the reasons for the decision are factually stated in the Notice. • Discovery: The hearing officer will determine if the IRCHSD staff and the family were given the opportunity to examine any relevant documents in accordance with PHA Program Admin policy. • Evidence to Support the Decision: The evidence consists of the facts presented. Evidence is not conclusion and it is not argument. The hearing officer will evaluate the facts to determine if they support the IRCHSD conclusion. • Validity of Grounds for Termination of Assistance (when applicable): The hearing officer will determine if the termination of assistance is for one of the grounds specified in the HUD regulations and HCV Admin policies. If the grounds for termination are not specified in the regulations or in compliance with HCV Admin policies, then the decision of the IRCHSD will be overturned. The hearing officer will issue a written decision to the family and IRCHSD no later than 10 business days after the hearing. The report will contain the following information: pg. 246 327 Administrative Plan Indian River County Housing Services Division Hearings Not Involving a Voucher Termination • A clear statement of the Hearing Officer's findings, conclusion and decision; • A clear summary of the decision and explanation of the reasons; • If the decision involves money owed, a clear statement of the amount owed, and documentation of the calculation of the amount owed; and • The date of the decision is effective. Hearings Involving a Voucher Termination • The names of all persons present at the hearing, and identification of their roles (whether as the hearing officer, a representative for IRCHSD, a member of the family, a witness, interpreter, or other); • The date and location of the hearing (and if the hearing occurred over multiple days, the date the hearing began and the date it ended); • A summary of the factual allegations and the IRCHSD action or decision under review; • A summary of any evidence and arguments presented by the parties; • A statement of the facts upon which the decision is based; • A clear statement of the conclusion of law and any other relief ordered; and • If the decision is to uphold termination, notice of the availability of judicial review. Such notice shall also indicate: that time limitations for seeking judicial review may apply, that participants who seek judicial review must do so at their own expense, that neither the hearing officer nor IRCHSD can offer legal advice, and that participants who cannot afford an attorney may seek information and referral to a legal services provider. Issuance of Decision X24 CFR 982.555(e)(6)] A copy of the hearing must be furnished promptly to the family. IRCHSD Police The hearing officer will mail a "Notice of Hearing Decision" to IRCHSD and to the participant on the same day or within a reasonable time. This notice will be sent by first-class mail. The participant will be mailed the original "Notice of Hearing Decision" and a copy of the proof of mailing. A copy of the "Notice of Hearing Decision" will be maintained in the PHA's file. Effect of Final Decision (24 CFR 982.555(f)1 The PHA is not bound by the decision of the hearing officer for matters in which the PHA is not required to provide an opportunity for a hearing, decisions that exceed the authority of the hearing officer, decisions that conflict with or contradict HUD regulations, requirements, or are otherwise contrary to federal, state, or local laws. If the PHA determines it is not bound by the hearing officer's decision in accordance with HUD regulations, the PHA must promptly notify the family of the determination and the reason for the determination. IRCHSD Policy IRCHSD shall not be bound by any decision that: • Concerns matters for which no opportunity for a hearing is provided; • Conflicts with or contradicts HUD regulations or requirements; • Conflicts with or contradicts federal, state or local laws; • Exceeds the authority of the Hearing Officer; or • Involves issues not raised in the participant's appeal notice. If IRCHSD determines that it is not bound by the Hearing Officer's decision it shall, within 10 days of the date of the Hearing Officer's decision, so advise the participant in writing, which shall include the reasons for IRCHSD's determination that it will not be bound by the decision. pg. 247 328 Administrative Plan Indian River County Housing Services Division 16 -III D. HEARING AND APPEAL PROVISIONS FOR NONCITIZENS [24 CFR 5.5141 Denial or termination of assistance based on immigration status is subject to special hearing and notice rules. Applicants who are denied assistance due to immigration status are entitled to an informal hearing, not an informal review. Assistance to a family may not be delayed, denied, or terminated on the basis of immigration status at any time prior to a decision under the United States Citizenship and Immigration Services (USCIS) appeal process. Assistance to a family may not be terminated or denied while the PHA hearing is pending, but assistance to an applicant may be delayed pending the completion of the informal hearing. A decision against a family member, issued in accordance with the USCIS appeal process or the PHA informal hearing process, does not preclude the family from exercising the right, that may otherwise be available, to seek redress directly through judicial procedures. Notice of Denial or Termination of Assistance [24 CFR 5.514(d)1 The notice of denial or termination of assistance for noncitizens must advise the family: • That financial assistance will be denied or terminated, and provide a brief explanation of the reasons for the proposed denial or termination of assistance. • The family may be eligible for proration of assistance. • In the case of a participant, the criteria and procedures for obtaining relief under the provisions for preservation of families [24 CFR 5.514 and 5.518]. • That the family has a right to request an appeal to the USCIS of the results of secondary verification of immigration status and to submit additional documentation or explanation in support of the appeal. • That the family has a right to request an informal hearing with the PHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal. • For applicants, assistance may not be delayed until the conclusion of the USCIS appeal process, but assistance may be delayed during the period of the informal hearing process. USCIS Appeal Process [24 CFR 5.514(e)1 When the PHA receives notification that the USCIS secondary verification failed to confirm eligible immigration status, the PHA must notify the family of the results of the USCIS verification. The family will have 30 days from the date of the notification to request an appeal of the USCIS results. The request for appeal must be made by the family in writing directly to the USCIS. The family must provide the PHA with a copy of the written request for appeal and the proof of mailing. IRCHSD Policy IRCHSD will notify the family in writing of the results of the USCIS secondary verification within 10 business days of receiving the results. The family must provide IRCHSD with a copy of the written request for appeal and proof of mailing within 10 business days of sending the request to the USCIS. The family must forward to the designated USCIS office any additional documentation or written explanation in support of the appeal. This material must include a copy of the USCIS document verification request (used to process the secondary request) or such other form specified by the USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration status verification results. The USCIS will notify the family, with a copy to the PHA, of its decision. When the USCIS notifies the PHA of the decision, the PHA must notify the family of its right to request an informal hearing. IRCHSI € olicy IRCHSD will send written notice to the family of its right to request an informal hearing within 10 pg. 248 329 Administrative Plan Indian River County Housing Services Division business days of receiving notice of the USCIS decision regarding the family's immigration status. Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the family may request that the PHA provide a hearing. The request for a hearing must be made either within 30 days of receipt of the PHA notice of denial, or within 30 days of receipt of the USCIS appeal decision. The informal hearing procedures for applicant families are described below. Informal Hearing Officer The PHA must provide an informal hearing before an impartial individual, other than a person who made or approved the decision under review, and other than a person who is a subordinate of the person who made or approved the decision. See Section 16-III.C. for a listing of positions that serve as informal hearing officers. Evidence The family must be provided the opportunity to examine and copy at the family's expense, at a reasonable time in advance of the hearing, any documents in the possession of the PHA pertaining to the family's eligibility status, or in the possession of the USCIS (as permitted by USCIS requirements), including any records and regulations that may be relevant to the hearing. IRCHSD Policy The participant has the right to view any available documents or evidence upon which IRCHSD based the proposed action and, at the family's expense, obtain a copy of such documents prior to the hearing. Requests for such documents or evidence must be received no later than three business days before the hearing date. If the family requests copies of documents relevant to the hearing, IRCHSD will make the copies for the family and assess a charge of 15 cents per copy. In no case will the family be allowed to remove the file from IRCHSD's office. The family must be provided with the opportunity to present evidence and arguments in support of eligible status. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. The family must also be provided with the opportunity to refute evidence relied upon by the PHA, and to confront and cross-examine all witnesses on whose testimony or information the PHA relies on. Representation and Interpretive Services The family is entitled to be represented by an attorney or other designee, at the family's expense, and to have such person make statements on the family's behalf. The family is entitled to request an interpreter. Upon request, the PHA will provide competent interpretation services, free of charge. Recording of the Hearing The family is entitled to have the hearing recorded by audiotape. The PHA may, but is not required to provide a transcript of the hearing. IRCHSD Policy IRCHSD will not provide a transcript of audio taped hearing. Hearing Decision The PHA must provide the family with a written final decision, based solely on the facts presented at the hearing, within 14 calendar days of the date of the informal hearing. The decision must state the basis for the decision. pg. 249 330 Administrative Plan Indian River County Housing Services Division Informal Hearing Procedures for Residents [24 CFR 5.514(f)) After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the family may request that the PHA provide a hearing. The request for a hearing must be made either within 30 days of receipt of the PHA notice of termination, or within 30 days of receipt of the USCIS appeal decision. For the informal hearing procedures that apply to participant families whose assistance is being terminated based on immigration status, see Section 16-III.C. Retention of Documents [24 CFR 5.514(h)1 The PHA must retain for a minimum of 5 years the following documents that may have been submitted to the PHA by the family, or provided to the PHA as part of the USCIS appeal or PHA informal hearing process: • The application for assistance • The form completed by the family for income reexamination • Photocopies of any original documents, including original USCIS documents • The signed verification consent form • The USCIS verification results • The request for a USCIS appeal • The final USCIS determination • The request for an informal hearing • The final informal hearing decision Part IV: Owner or Family Debts to the PHA 16 -IV A. OVERVIEW PHAs are required to include in the administrative plan, policies concerning repayment by a family of amounts owed to the PHA [24 CFR 982.54]. If the family breaches an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA, the PHA, at its discretion, may offer a family the opportunity to enter an agreement to pay amounts owed to a PHA or amounts paid to an owner by a PHA. The PHA may prescribe the terms of the agreement [24 CFR 982.552(c)(1)(vii). This part describes the PHA's policies for recovery of monies owed to the PHA by families or owners. RCHSD Polis«y When an action or inaction of an owner or participant results in the overpayment of housing assistance, IRCHSD holds the owner or participant liable to return any overpayments to IRCHSD. IRCHSD will enter into repayment agreements in accordance with the policies contained in this part as a means to recover overpayments. When an owner or participant refuses to repay monies owed to IRCHSD, IRCHSD will utilize other available collection alternatives including, but not limited to, the following: • Collection agencies • Small claims court • Civil lawsuit • State income tax set-off program 16 -IV B. REPAYMENT POLICY Owner Debts to IRCHSD IRCHSD Policy Any amount due to the PHA by an owner must be repaid by the owner within 30 days of the determination of the debt. If the owner fails to repay the debt within the required time frame and is entitled to future HAP payments, IRCHSD will reduce the future HAP payments by the amount owed until the debt is paid in full. pg. 250 331 Administrative Plan Indian River County Housing Services Division If the owner is not entitled to future HAP payments, IRCHSD may, in its sole discretion, offer to enter into a repayment agreement on terms prescribed. If the owner refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the owner will be banned from future participation in the program and pursue other modes of collection. Family Debts to IRCHSD Families are required to reimburse the PHA if they were charged less rent than required because the family either underreported or failed to report income. PHAs are required to determine retroactive rent amounts as far back as the PHA has documentation of family unreported income [Notice PIH 2018-181. IRCHSD Policy Any amount owed to IRCHSD by an HCV family must be repaid by the family. If the family is unable to repay the debt within 30 days, IRCHSD will offer to enter into a repayment agreement in accordance with the policies below. If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, IRCHSD must terminate assistance [Notice PIH 2018-18] in accordance with the policies in Chapter 12 and pursue other modes of collection. Repayment Agreement f24 CFR 792.1031 The term repayment agreement refers to a formal written document signed by a tenant or owner and provided to the PHA in which a tenant or owner acknowledges a debt in a specific amount and agrees to repay the amount due at specific time periods. General Repayment Agreement Guidelines for Families Down Payment Requirement IRCHSD Policy Before executing a repayment agreement with a family, IRCHSD will generally require a down payment of 10 percent of the total amount owed. If the family can provide satisfactory evidence that a down payment of 10 percent would impose an undue hardship, the PHA may, in its sole discretion, require a lesser percentage or waive the requirement. Payment Thresholds Notice PIH 2018-18 recommends that the total amount that a family must pay each month—the family's monthly share of rent plus the monthly debt repayment amount—should not exceed 40 percent of the family's monthly adjusted income. However, a family may already be paying 40 per cent or more of its monthly adjusted income in rent. Moreover, Notice 2018-18 acknowledges that PHAs have the discretion to establish "thresholds and policies" for repayment agreements with families [24 CFR 982.552(c)(1)(vii)]. IRCHSD Policy IRHSD has established the following thresholds for repayment of debts: • Amounts between $3,000 and the federal or state threshold for criminal prosecution, if applicable, must be repaid within 36 months. • Amounts between $2,000 and $2,999 must be repaid within 30 months. • Amounts between $1,000 and $1,999 must be repaid within 24 months. • Amounts under $1,000 must be repaid within 12 months. If a family can provide evidence satisfactory to IRCHSD that the threshold applicable to the family's debt would impose an undue hardship, they may, in its sole discretion, determine that a lower monthly payment amount is reasonable. In making its determination, the PHA will consider all relevant information, including the following: • The amount owed by the family • The reason for the debt, including whether the debt was the result of family action/inaction or circumstances beyond the family's control pg. 251 332 Administrative Plan Indian River County Housing Services Division • The family's current and potential income and expenses • The family's current family share, as calculated under 24 CFR 982.515 • The family's history of meeting its financial responsibilities Repayment Term IRCHSD Policy The payment agreement term shall range from 1 to 36 months but shall in any event be the minimum time period in which the participant can be reasonably expected to repay the debt owed. Written requests to the PHA Program Manager for a term longer than 36 months will be reviewed on a case-by-case basis. Execution of the Agreement IRCHSD Policy All repayment agreements must be in writing, dated, and signed by both the family and the PHA [Notice PIH 2018-18]. Methods of Payment IRCHSD Policy Payments shall be made by money order. Due Dates IRCHSD Policy All payments are due by the close of business on the 7th day of the month. If the 7th does not fall on a business day, the due date is the close of business on the first business day after the 7th. Requests to Move IRCHSD Policy No move with continued assistance will be approved until the debt is paid in full or the family is current in their payment agreement, unless the move is the result of one of the following causes: • Family size exceeds the HQS maximum occupancy standards; • The HAP Contract is terminated due to owner non-compliance or opt -out; • A man-made or natural disaster; • The move is pursuant to a reasonable accommodation approved by IRCHSD; or • The move is necessary as a result of domestic violence, with documentation of police reports. IRCHSD may require that a payment agreement be current before issuing a voucher to move in these cases. Late or Missed Payments IRCHSD Policy If a payment is not received by the end of the business day on the date due, and prior approval for the missed payment has not been given by the PHA, IRCHSD will send the family a delinquency notice giving the family 10 business days to make the late payment. If the payment is not received by the due date of the delinquency notice, it will be considered a breach of the agreement and will terminate assistance in accordance with the policies in Chapter 12. If a family receives three delinquency notices for unexcused late payments in a 12 -month period, the repayment agreement will be considered in default and will terminate assistance in accordance with the policies in Chapter 12. pg. 252 333 Administrative Plan Indian River County Housing Services Division No Offer of Repayment Agreement IRCHSD Policy IRCHSD will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family or if the amount owed by the family exceeds the federal or state threshold for criminal prosecution, this will depend on the circumstances and the PHA will make the final decision. Repayment Agreements Involving Improper Payments All repayment agreements must be in writing, dated, signed by both the family and the PHA, include the total retroactive rent amount owed, any amount of lump sum payment made at time of execution, if applicable, and the monthly repayment amount. Notice PIH 2018-18 requires certain provisions, at a minimum, be included in any repayment agreement involving amounts owed by a family because it underreported or failed to report income: • A reference to the items in the family briefing packet that state the family's obligation to provide true and complete information at every reexamination and the grounds on which IRCHSD may terminate assistance because of a family's action or failure to act • A statement clarifying that each month the family not only must pay to IRCHSD the monthly payment amount specified in the agreement but must also pay to the owner the family's monthly share of the rent to owner • A statement that the terms of the repayment agreement may be renegotiated if the family's income decreases or increases • A statement that late or missed payments constitute default of the repayment agreement and may result in termination of assistance 16 -IV C. RECORD KEEPING In alignment with HUD Form -52675 and records in EIV, IRCHSD shall maintain a record of the family debt in its financial systems for up to 10 -years from the end of participation date. At that time, the record will be non -owing. Part V: Section 8 Management Assessment Program (SEMAP) 16-V A. OVERVIEW The Section 8 Management Assessment Program (SEMAP) is a tool that allows HUD to measure performance in key areas to ensure program integrity and accountability. SEMAP scores translate into a rating for each PHA as high performing, standard, or troubled. Scores on individual SEMAP indicators, as well as overall SEMAP ratings, can affect the PHA in several ways. • High -performing PHAs can be given a competitive advantage under notices of funding availability [24 CFR 985.103]. • Agencies with deficiencies on one or more indicators are required to correct the deficiencies and report to HUD [24 CFR 985.106]. • Agencies with an overall rating of "troubled" are subject to additional HUD oversight, including on- site reviews by HUD staff, a requirement to develop a corrective action plan, and monitoring to ensure the successful implementation of the corrective action plan. In addition, Agencies that are designated "troubled" may not use any part of the administrative fee reserve for other housing purposes [24 CFR 985.107]. • HUD may determine that an Agencies failure to correct identified SEMAP deficiencies or to prepare and implement a corrective action plan required by HUD constitutes a default under the ACC [24 CFR 985.109]. pg. 253 334 Administrative Plan Indian River County Housing Services Division 16-V B. SEMAP CERTIFICATION [24 CFR 985.101] PHAs must submit the HUD -required SEMAP certification form within 60 calendar days after the end of its fiscal year. The certification must be approved by board resolution and signed by the PHA Program Manager. If the PHA is a unit of local government or a state, a resolution approving the certification is not required, and the certification must be executed by the PHA Program Manager. PHAs with less than 250 voucher units are only required to be assessed every other fiscal year. HUD will assess such PHAs annually if the PHA elects to have its performance assessed on an annual basis; or is designated as "troubled" [24 CFR 985.1051. Failure of a PHA to submit its SEMAP certification within the required time frame will result in an overall performance rating of "troubled." A PHA SEMAP certification is subject to HUD verification by an on-site confirmatory review at any time. Upon receipt of the PHA's SEMAP certification, HUD will rate the PHAs performance under each SEMAP indicator in accordance with program requirements. HUD Verification Method Several of the SEMAP indicators are scored based on a review of a quality control sample selected for this purpose. The PHA or the Independent Auditor must select an unbiased sample that provides an adequate representation of the types of information to be assessed, in accordance with SEMAP requirements [24 CFR 985.2]. If the HUD verification method for the indicator relies on data in the Form -50058 module (formerly known as MTCS) in the PIH Information Center (PIC), and HUD determines that those data are insufficient to verify the PHA certification on the indicator due to the PHAs failure to adequately report family data, HUD will assign a zero rating for the indicator [24 CFR 985.31. 16-V C. SEMAP INDICATORS [24 CFR 985.3 and form HUD -52648] The table below lists each of the SEMAP indicators, contains a description of each indicator, and explains the basis for points awarded under each indicator. A PHA that expends less than $300,000 in Federal awards and whose Section 8 programs are not audited by an independent auditor, is not rated under SEMAP indicators 1-7. SEMAP Indicators Indicator 1: Selection from the waiting list Maximum Score: 15 • This indicator shows whether the PHA has written policies in its administrative plan for selecting applicants from the waiting list and whether the PHA follows these policies when selecting applicants for admission from the waiting list. • Points are based on the percentage of families that are selected from the waiting list in accordance with the PHA written policies, according to the PHA quality control sample. Indicator 2: Rent reasonableness Maximum Score: 20 • This indicator shows whether the PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units. • Points are based on the percentage of units for which the PHA follows its written method to determine reasonable rent and has documented its determination that the rent to owner is reasonable, according to the PHA quality control sample. Indicator 3: Determination of adjusted income pg. 254 335 Administrative Plan Indian River County Housing Services Division Maximum Score: 20 • This indicator measures whether the PHA verifies and correctly determines adjusted income for each assisted family, and where applicable, uses the appropriate utility allowances for the unit leased in determining the gross rent. • Points are based on the percentage of files that are calculated and verified correctly, according to the quality control sample. Indicator 4: Utility allowance schedule Maximum Score: 5 • This indicator shows whether the PHA maintains an up-to-date utility allowance schedule. • Points are based on whether the utility allowance schedule was reviewed and adjusted when required, according to the SEMAP certification. Indicator 5: HQS quality control inspections Maximum Score: 5 • This indicator shows whether a PHA Program supervisor or designated person reinspects a sample of units under contract during the fiscal year, which meets the minimum sample size requirements for quality control of HQS inspections. • Points are based on whether the required quality control reinspection's were completed, according to the certification. Indicator 6: HQS enforcement Maximum Score: 10 • This indicator shows whether, following each HQS inspection of a unit under contract where the unit fails to meet HQS, any cited life-threatening deficiencies are corrected within 24 hours from the inspection and all other deficiencies are corrected within no more than 30 calendar days from the inspection or any PHA -approved extension. • Points are based on whether the PHA corrects all HQS deficiencies in accordance with required time frames, according to the certification. Indicator 7: Expanding housing opportunities Maximum Points: 5 • Only applies to Agencies with jurisdiction in metropolitan FMR areas. • This indicator shows whether they have adopted and implemented a written policy to encourage participation by owners of units located outside areas of poverty or minority concentration; informs voucher holders of the full range of areas where they may lease units both inside and outside the PHAs jurisdiction; and supplies a list of landlords or other parties who are willing to lease units or help families find units, including units outside areas of poverty or minority concentration. • Points are based on whether they have adopted and implemented written policies in accordance with SEMAP requirements, according to the certification. Indicator 8: FMR limit and payment standards Maximum Points: 5 points • This indicator shows whether the PHA has adopted a payment standard schedule that establishes payment standard amounts by unit size for each FMR area in the PHAs jurisdiction, that are within the basic range of 90 to 110 percent of the published FMR. • Points are based on whether a payment standard schedule(s) was appropriately adopted according to the certification. Indicator 9: Annual reexaminations Maximum Points: 10 • This indicator shows whether the PHA completes a reexamination for each participating family at least every 12 months. • Points are based on the percentage of reexaminations that are more than 2 months overdue, according to data from PIC. Indicator 10: Correct tenant rent calculations Maximum Points: 5 • This indicator shows whether the PHA correctly calculates the family's share of the rent to owner. pg. 255 336 Administrative Plan Indian River County Housing Services Division • Points are based on the percentage of correct calculations of family share of the rent, according to data from PIC. Indicator 11: Pre -contract HQS inspections Maximum Points: 5 • This indicator shows whether newly leased units pass HQS inspection on or before the effective date of the assisted lease and HAP contract. • Points are based on the percentage of newly leased units that passed HQS inspection prior to the effective date of the lease and HAP contract, according to data from PIC. Indicator 12: Annual HQS inspections Maximum Points: 10 • This indicator shows whether the PHA inspects each unit under contract at least annually. • Points are based on the percentage of annual HQS inspections of units under contract that are more than 2 months overdue, according to data from PIC. Indicator 13: Lease -up Maximum Points: 20 points • This indicator shows whether the PHA enters HAP contracts for at least 98 percent of the number of the baseline voucher units in the ACC for the calendar year ending on or before their fiscal year, or whether the PHA has expended at least 98 percent of its allocated budget authority for the same calendar year. The PHA can receive 15 points if 95 to 97 percent of vouchers are leased or budget authority is utilized. • Points are based on utilization of vouchers and HAP expenditures as reported in the voucher management system VMS for the most recently completed calendar year. Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances Maximum Points: 10 • Only applies to PHAs with mandatory FSS programs. • This indicator shows whether the Agency has enrolled families in the FSS program as required and measures the percentage of current FSS participants that have had increases in earned income which resulted in escrow account balances. • Points are based on the percent of mandatory FSS slots that are filled and the percent of families with escrow account balances, according to data from PIC. Success Rate of Voucher Holders Maximum Points: 5 • Only applies to PHAs that have received approval to establish success rate payment standard amounts and isn't effective until the second full fiscal year following the date of HUD approval of success rate payment standard amounts. • This indicator shows whether voucher holders were successful in leasing units with voucher assistance. • Points are based on the percentage of families that were issued vouchers, and that became participants in the voucher program. Deconcentration Bonus Indicator Maximum Points: 5 • Submission of data for this indicator is mandatory for a PHA using one or more payment standard amount(s) that exceed(s) 100 percent of the published FMR set at the 50th percentile rent, starting with the second full fiscal year following initial use of payment standard amounts based on the FMRs set at the 50th percentile. • Additional points are available to PHAs that have jurisdiction in metropolitan FMR areas and that choose to submit the required data. • Points are based on whether the data that is submitted meets the requirements for bonus points. pg. 256 337 Administrative Plan Indian River County Housing Services Division Part VI: Record Keeping 16 -VI A. OVERVIEW The PHA must maintain complete and accurate accounts and other records for the program in accordance with HUD requirements, in a manner that permits a speedy and effective audit. All such records must be made available to HUD or the Comptroller General of the United States upon request. In addition, the PHA must ensure that all applicant and participant files are maintained in a way that protects an individual's privacy rights. 16 -VI B. RECORD RETENTION [24 CFR 982.158; 24 CFR 908.101] During the term of each assisted lease, and for at least three years thereafter, The PHA must keep: • A copy of the executed lease; • The HAP contract; and • The application from the family. In addition, the PHA must keep the following records for at least three years: • Records that provide income, racial, ethnic, gender, and disability status data on program applicants and participants; • An application from each ineligible family and notice that the applicant is not eligible; • HUD -required reports; • Unit inspection reports; • Lead-based paint records as required by 24 CFR 35, Subpart B. • Accounts and other records supporting PHA budget and financial statements for the program; • Records to document the basis for PHA determination that rent to owner is a reasonable rent (initially and during the term of a HAP contract); and • Other records specified by HUD. Notice PIH 2014-20 requires PHAs to keep records of all complaints, investigations, notices, and corrective actions related to violations of the Fair Housing Act or the equal access final rule. The PHA must keep the last three years of the Form HUD -50058 and supporting documentation during the term of each assisted lease, and for a period of at least three years from the end of participation (EOP) date [24 CFR 908.101]. The PHA must maintain Enterprise Income Verification (EIV) system Income Reports in the tenant file for the duration of the tenancy but for a period not to exceed three years from the EOP date [Notice PIH 2018-18]. The PHA must keep confidential records of all emergency transfer requested by victims of domestic violence, dating violence, sexual assault, and stalking under the PHA's Emergency Transfer Plan, as well as the outcomes of such requests, and retain the records for a period of three years [24 CFR 5.2002(e)(12)]. If an informal hearing to establish a family's citizenship status is held, longer retention requirements apply for some types of documents. For specific requirements, see Section 16-III.D., Retention of Documents. 16 -VI C. RECORDS MANAGEMENT PHAs must maintain applicant and participant files and information in accordance with the regulatory requirements described below. pg. 257 338 Administrative Plan Indian River County Housing Services Division IRCHSD Policy Records All applicant and participant information will be kept in a secure location and access will be limited to authorize IRCHSD staff. IRCHSD's policy is to protect the privacy of applicants and participants. IRCHSD staff will not discuss personal family information unless there is a business reason to do so. Inappropriate discussion of family information or improper disclosure of family information by staff will result in disciplinary action. Forwarding Addresses; Information Necessary to Collect Delinquent Accounts Unless a privacy request is made by the voucher holder, HCV will provide information on forwarding addresses for current and former participants to police or other governmental authorities, previous landlords, and other public housing authorities, upon request by those parties. Regardless of any privacy request on record, information regarding delinquent residents/participants may be exchanged when it is deemed in the interest of IRCHSD and its collection effort. Requests by Governmental Agencies and Attorneys to View, Copy, or Remove Documents Requests by law enforcement agencies to view, copy or remove documents shall be made to the IRCHSD General Counsel. Public Disclosure Law All requests for personally identifiable information about applicants and participants under the Freedom of Information Act or any other public disclosure law shall be referred to the IRCHSD General Counsel. Privacy Act Requirements (24 CFR 5.212 and Form -98861 The collection, maintenance, use, and dissemination of social security numbers (SSN), employer identification numbers (EIN), any information derived from these numbers, and income information of applicants and participants must be conducted, to the extent applicable, in compliance with the Privacy Act of 1974, and all other provisions of Federal, State, and local law. Applicants and participants, including all adults in the household, are required to sign a consent form, HUD -9886, Authorization for Release of Information. This form incorporates the Federal Privacy Act Statement and describes how the information collected using the form may be used, and under what conditions HUD or the PHA may release the information collected. Upfront Income Verification (UIV) Records PHAs that access UIV data through HUD's Enterprise Income Verification (EIV) system are required to adopt and follow specific security procedures to ensure that all EIV data is protected in accordance with federal laws, regardless of the media on which the data is recorded (e.g., electronic, paper). These requirements are contained in the HUD -issued document, Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data. +R °HSD Polk Prior to utilizing HUD's EIV system, IRCHSD will adopt and implement EIV security procedures required by HUD. Criminal Records The PHA may only disclose the criminal conviction records which the PHA receives from a law enforcement agency to officers or employees of the PHA, or to authorized representatives of the pg. 258 339 Administrative Plan Indian River County Housing Services Division PHA who have a job-related need to have access to the information [24 CFR 5.903(e)]. The PHA must establish and implement a system of records management that ensures that any criminal record received by the PHA from a law enforcement agency is maintained confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to the PHA action without institution of a challenge or final disposition of any such litigation [24 CFR 5.903(g)]. The PHA must establish and implement a system of records management that ensures that any sex offender registration information received by the PHA from a State or local agency is maintained confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to the PHA action without institution of a challenge or final disposition of any such litigation. However, a record of the screening, including the type of screening and the date performed must be retained [Notice PIH 2012-28]. This requirement does not apply to information that is public information or is obtained by a PHA other than under 24 CFR 5.905. Medical/Disability Records PHAs are not permitted to inquire about the nature or extent of a person's disability. The PHA may not inquire about a person's diagnosis or details of treatment for a disability or medical condition. If the PHA receives a verification document that provides such information, the PHA should not place this information in the tenant file. The PHA should destroy the document. IRCHSD Policy IRCHSD shall not share personal information protected by the Health Information Portability and Accountability Act (HIPAA) with any other party and therefore is not a Business Associate under the Act. IRCHSD will not share health-related information with other PHAs, owners or property managers. All health-related information provided by any applicant or participant will be safeguarded and will not be shared with any third party except as required by law enforcement and other regulatory authorities. Any and all information which would lead one to determine the nature and/or severity of a person's disability must be kept in a separate folder and marked "confidential" or returned to the family member after its use. The personal information in this folder must not be released except on an "as -needed" basis in cases where an accommodation is under consideration. Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking For requirements and PHA policies related to management of documentation obtained from victims of domestic violence, dating violence, sexual assault, or stalking, see section 16-IX.E. Part VII: Reporting and Record Keeping for Children with Elevated Blood Lead Level 16 -VII A. OVERVIEW The PHA has certain responsibilities relative to children with elevated blood lead levels that are receiving HCV assistance. The notification, verification, and hazard reduction requirements are discussed in Chapter 8. This part deals with the reporting requirements, and data collection and record keeping responsibilities that the PHA is subject to. 16 -VII B. REPORTING REQUIREMENT [24 CFR 35.1225(E); NOTICE PIH 2017-131 The owner must report the name and address of a child identified as having an elevated blood lead level to the public health department within five business days of being so notified by any other medical health pg. 259 340 Administrative Plan Indian River County Housing Services Division care professional. The owner must also notify the HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child's address within five business days. The PHA may collaborate with the owner on the notification process, such as by agreeing with the owner to provide the required notifications on the owner's behalf. IRCHSD Policy Upon notification by the owner, IRCHSD will provide the public health department written notice of the name and address of any child identified as having an elevated blood lead level within five business days. Upon notification by the owner, IRCHSD will notify the HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child's address within five business days. 16 -VII C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(F)] At least quarterly, the PHA must attempt to obtain from the public health department(s) with a similar area of jurisdiction, the names and/or addresses of children less than 6 years old with an elevated blood lead level. If the PHA obtains names and addresses of elevated blood lead level children from the public health department(s), the PHA must match this information with the names and addresses of families receiving HCV assistance, unless the public health department performs such a procedure. If a match occurs, the PHA must carry out the notification, verification, and hazard reduction requirements discussed in Chapter 8, and the reporting requirement discussed above. At least quarterly, the PHA must also report an updated list of the addresses of units receiving assistance under the PHA Program to the same public health department(s), unless the public health department(s) states that it does not wish to receive such a report. IRCHSD Polic. The public health department(s) has not stated whether they do or do not wish to receive a report of an updated list of the addresses of units receiving assistance under the PHA Program, on a quarterly basis. Therefore, IRCHSD is not providing such a report unless requested by the public health department. Information from the Health Department if confidential and the PHA cannot obtain this info listed above. Part VIII: Determination of Insufficient Funding 16 -VIII A. OVERVIEW The HCV regulations allow PHAs to deny families permission to move and to terminate Housing Assistance Payments (HAP) contracts if funding under the consolidated ACC is insufficient to support continued assistance [24 CFR 982.354(e)(1) and 982.454]. If the PHA denies a family a portability move based on insufficient funding, the PHA is required to notify the local HUD office within 10 business days [24 CFR 982.354]. Insufficient funding may also impact the PHA's ability to issue vouchers to families on the waiting list. This part discusses the methodology the PHA will use to determine whether or not the PHA has sufficient funding to issue vouchers, approve moves, and to continue subsidizing all families currently under a HAP contract. 16 -VIII B. METHODOLOGY IRCHSD Policy IRCHSD will determine whether there is adequate funding to issue vouchers, approve moves to higher cost units and areas, and continue subsidizing all current participants by comparing IRCHSD's annual budget authority to the annual total HAP needs on a monthly basis. The total HAP needs for the calendar year will be projected by establishing the actual HAP costs year to pg. 260 341 Administrative Plan Indian River County Housing Services Division date. To that figure, IRCHSD will add anticipated HAP expenditures for the remainder of the calendar year. Projected HAP expenditures will be calculated by multiplying the projected number of units leased per remaining months by the most current month's average HAP. The projected number of units leased per month will take into account the average monthly turnover of participant families. If the total annual HAP needs equal or exceed the annual budget authority and funding reserves, or if IRCHSD cannot support the cost of the proposed subsidy commitment (voucher issuance or move) based on the funding analysis, IRCHSD will be considered to have insufficient funding. Part IX: Violence Against Women Act (VAWA) : Notification, Documentation, Confidentiality 16 -IX A. OVERVIEW The Violence against Women Act of 2013 (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault and stalking who are applying for or receiving assistance under the housing choice voucher (HCV) program. If your state or local laws provide greater protection for such victims, those laws apply in conjunction with VAWA. In addition to definitions of key terms used in VAWA, this part contains general VAWA requirements and PHA policies in three areas: notification, documentation, and confidentiality. Specific VAWA requirements and PHA policies are located primarily in the following sections: 3-I.C, "Family Breakup and Remaining Member of Tenant Family"; 3-III.G, "Prohibition against Denial of Assistance to Victims of Domestic Violence, Dating Violence, and Stalking"; 10 -LA, "Allowable Moves"; 10-I.13, "Restrictions on Moves"; 12- II.E, "Terminations Related to Domestic Violence, Dating Violence, or Stalking"; and 12-II.F, "Termination Notice." 16 -IX B. DEFINITIONS (24 CFR 5.2003, 42 USC 139251 As used in VAWA: • The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members' lease and occupancy rights are allowed to remain intact. • The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: o The length of the relationship o The type of relationship o The frequency of interaction between the persons involved in the relationship • The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. • The term affiliated individual means, with respect to a person: o A spouse, parent, brother or sister, or child of that individual, or an individual to whom that individual stands in the position or place of a parent; or o Any other individual, tenant, or lawful occupant living in the household of the victim of pg. 261 342 Administrative Plan Indian River County Housing Services Division domestic violence, dating violence, sexual assault, or stalking. • The term sexual assault means: o Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent. • The term stalking means: o To engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. 16 -IX C. NOTIFICATION [24 CFR 5.2005(A)1 Notification to Public The PHA adopts the following policy to help ensure that all actual and potential beneficiaries of its HCV program are aware of their rights under VAWA. IRCHSD Policy IRCHSD will post the following information regarding VAWA in its offices and on its website. It will also make the information readily available to anyone who requests it. • A copy of the notice of occupancy rights under VAWA to housing choice voucher program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault, or stalking (Form HUD -5380, see Exhibit 16-1) • A copy of form HUD -5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation (see Exhibit 16-2) • A copy of IRCHSD's emergency transfer plan (Exhibit 16-3)The National Domestic Violence Hot Line: 1 -800 -799 -SAFE (7233), (TTY) 1-800-787-3224, http://www.TheHotLine.org; • The National Sexual Assault Hotline: 1 -800 -656 -HOPE (4673); and • Contact information for local victim advocacy groups, resources and service providers. Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)1 PHAs are required to inform program applicants and participants of their rights under VAWA, including their right to confidentiality and the limits thereof, when they are denied assistance, when they are admitted to the program, and when they are notified of an eviction or termination of housing benefits. IRCHSD Policy IRCHSD will provide all applicants with information about VAWA at the time they request an application for housing assistance, as part of the written briefing packet, and at the time the family is admitted to the program. IRCHSD will also include information about VAWA in all notices of denial of assistance (see section 3-III.G). IRCHSD will provide all participants with information about VAWA at the time of admission (see section 5-I.13). IRCHSD will also include information about VAWA in notices of termination of assistance, as provided in section 12-II.F. The VAWA information provided to applicants and participants will consist of the notices in Exhibits 16-1 and 16-2. The PHA is not limited to providing VAWA information at the times specified in the above policy. If the PHA decides to provide VAWA information to a participant following an incident of domestic violence, Notice PIH 2017-08 cautions against sending the information by mail, since the abuser may be monitoring the mail. The notice recommends that in such cases the PHA make alternative delivery arrangements that pg. 262 343 Administrative Plan Indian River County Housing Services Division will not put the victim at risk. IRCHSD Policy IRCHSD may decide not to send mail regarding VAWA protections to the victim's unit if IRCHSD believes the perpetrator may have access to the victim's mail, unless requested by the victim. When discussing VAWA with the victim, IRCHSD will take reasonable precautions to ensure that no one can overhear the conversation, such as having conversations in a private room. The victim may, but is not required to, designate an attorney, advocate, or other secure contact for communications regarding VAWA protections. Notification to Owners and Managers While PHAs are no longer required by regulation to notify owners and managers participating in the HCV program of their rights and obligations under VAWA, the PHA may still choose to inform them. IRCHSD olic IRCHSD will provide owners and managers with information about their rights and obligations under VAWA when they begin their participation in the program. Owners can access additional VAWA information and resources, including the notice in Exhibit 16-5 and a copy of HUD -5382, Certification of Domestic Violence, Dating Violence, and Stalking and Alternate Documentation. 16 -IX D. DOCUMENTATION 1`24 CFR 5.20071 A PHA presented with a claim for initial or continued assistance based on status as a victim of domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of abuse may—but is not required to—request that the individual making the claim document the abuse. Any request for documentation must be in writing, and the individual must be allowed at least 14 business days after receipt of the request to submit the documentation. The PHA may extend this time period at its discretion. [24 CFR 5.2007(a)] The individual may satisfy the PHA's request by providing any one of the following three forms of documentation [24 CFR 5.2007(b)]: 1. A completed and signed HUD -approved certification form (HUD -5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim. The form may be filled out and submitted on behalf of the victim. 2. A federal, state, tribal, territorial, or local police report or court record, or an administrative record 3. Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; a mental health professional; or a medical professional. The person signing the documentation must attest under penalty of perjury to the person's belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. The PHA may not require third -party documentation (forms 2 and 3) in addition to certification (form 1), except as specified below under "Conflicting Documentation," nor may it require certification in addition to third -party documentation [VAWA final rule]. IRCHSD Policy Any request for documentation of domestic violence, dating violence, sexual assault or stalking will be in writing, will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences for failure to pg. 263 344 Administrative Plan Indian River County Housing Services Division submit the documentation or request an extension in writing by the deadline. IRCHSD may, in its discretion, extend the deadline for 10 business days. In determining whether to extend the deadline, IRCHSD will consider factors that may contribute to the victim's inability to provide documentation in a timely manner, including cognitive limitations, disabilities, limited English proficiency, absence from the unit, administrative delays, the danger of further violence, and the victim's need to address health or safety issues. Any extension granted by IRCHSD will be in writing. Once the victim provides documentation, IRCHSD will acknowledge receipt of the documentation within 10 business days. Conflicting Documentation 1`24 CFR 5.2007(e)1 In cases where the PHA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, the PHA may determine which is the true victim by requiring each to provide acceptable third -party documentation, as described above (forms 2 and 3). The PHA may also request third -party documentation when submitted documentation contains information that conflicts with existing information already available to the PHA. Individuals have 30 calendar days to return third -party verification to the PHA. If the PHA does not receive third -party documentation, and the PHA will deny or terminate assistance as a result, the PHA must hold separate hearings for the tenants [Notice PIH 2017- 08]. The PHA must honor any court orders issued to protect the victim or to address the distribution of property. IRCHSD Policy If presented with conflicting certification documents from members of the same household, IRCHSD will attempt to determine which is the true victim by requiring each of them to provide third -party documentation in accordance with 24 CFR 5.2007(e) and by following any HUD guidance on how such determinations should be made. When requesting third -party documents, IRCHSD will provide contact information for local domestic violence and legal aid offices. In such cases, applicants or tenants will be given 30 calendar days from the date of the request to provide such documentation. If IRCHSD does not receive third -party documentation within the required timeframe (and any extensions) IRCHSD will deny VAWA protections and will notify the applicant or tenant in writing of the denial. If, as a result, the applicant or tenant is denied or terminated from the program, IRCHSD will hold separate hearings for the applicants or tenants. Discretion to Require No Formal Documentation f24 CFR 5.2007(d)1 The PHA has the discretion to provide benefits to an individual based solely on the individual's statement or other corroborating evidence—i.e., without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). HUD recommends documentation in a confidential manner when a verbal statement or other evidence is accepted. IRCHSD Policy If IRCHSD accepts an individual's statement or other corroborating evidence (as determined by the victim) of domestic violence, dating violence, sexual assault or stalking, IRCHSD will document acceptance of the statement or evidence in the individual's file. Failure to Provide Documentation r24 CFR 5.2007(c)1 In order to deny relief for protection under VAWA, a PHA must provide the individual requesting relief with a written request for documentation of abuse. If the individual fails to provide the documentation within 14 business days from the date of receipt, or such longer time as the PHA may allow, the PHA may deny pg. 264 345 Administrative Plan Indian River County Housing Services Division relief for protection under VAWA. 16 -IX E. CONFIDENTIALITY [24 CFR 5.2007(B)(4)1 All information provided to the PHA regarding domestic violence, dating violence, sexual assault or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence. This means that the PHA (1) may not enter the information into any shared database, (2) may not allow employees or others to access the information unless they are explicitly authorized to do so and have a need to know the information for purposes of their work, and (3) may not provide the information to any other entity or individual, except to the extent that the disclosure is (a) requested or consented to by the individual in writing, (b) required for use in an eviction proceeding, or (c) otherwise required by applicable law. IRCHSD Policy If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, IRCHSD will inform the victim before disclosure occurs so that safety risks can be identified and addressed. pg. 265 346 Administrative Plan Indian River County Housing Services Division EXHIBIT 16-1: SAMPLE NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT, FORM HUD -5380 Indian River County Housinq Services Division Notice of Occupancy Rights under the Violence Against Women Act' To all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. 2 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that Indian River County Housing Services Division (IRCHSD) Housing Programs are in compliance with VAWA. This notice explains your rights under VAWA. A HUD -approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA." Protections for Applicants If you otherwise qualify for assistance under Indian River County Housing Services Division Housing Programs, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants If you are receiving assistance under Indian River County Housing Services Division Housing Programs, you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under Indian River County Housing Services Division Housing Programs solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household IRCHSD may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual Orientation. z Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD -assisted and HUD -insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. pg. 266 347 Administrative Plan Indian River County Housing Services Division If IRCHSD chooses to remove the abuser or perpetrator, IRCHSD may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, IRCHSD must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. In removing the abuser or perpetrator from the household, IRCHSD must follow Federal, State, and local eviction procedures. In order to divide a lease, IRCHSD may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon your request, IRCHSD may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, IRCHSD may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: 1. You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below. 2. You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. 3. You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90 -calendar -day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90 -calendar -day period before you expressly request the transfer. IRCHSD will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. IRCHSD's emergency transfer plan provides further information on emergency transfers, and IRCHSD must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking IRCHSD can, but is not required to, ask you to provide documentation to "certify" that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from IRCHSD must be in writing, and IRCHSD must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. IRCHSD may, but does not have to, extend the deadline for the submission of documentation upon your request. pg. 267 M Administrative Plan Indian River County Housing Services Division You can provide one of the following to IRCHSD as documentation. It is your choice which of the following to submit if IRCHSD asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. A complete HUD -approved certification form given to you by IRCHSD with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. • A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, "professional") from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that they believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. • Any other statement or evidence that IRCHSD has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, IRCHSD does not have to provide you with the protections contained in this notice. If IRCHSD receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), IRCHSD has the right to request that you provide third -party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third -party documentation where there is conflicting evidence, IRCHSD does not have to provide you with the protections contained in this notice. Confidentiality The PHA Program Agency must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. IRCHSD must not allow any individual administering assistance or other services on behalf of IRCHSD (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. IRCHSD must not enter your information into any shared database or disclose your information to any other entity or individual. IRCHSD, however, may disclose the information provided if: • You give written permission to IRCHSD to release the information on a time limited basis. • IRCHSD needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. • A law requires IRCHSD or your landlord to release the information. VAWA does not limit IRCHSD's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. pg. 268 349 Administrative Plan Indian River County Housing Services Division Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, IRCHSD cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if IRCHSD can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1. Would occur within an immediate time frame, and 2. Could result in death or serious bodily harm to other tenants or those who work on the property. If IRCHSD can demonstrate the above, IRCHSD should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws VAWA does not replace any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non -Compliance with The Requirements of This Notice You may report a covered housing provider's violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with Indian River County Board of Commissioners Housing Services Division at: (772) 226-4360. For Additional Information You may view a copy of HUD's final VAWA rule at:-hftps://www.qpo.gov/fdsys/pkq/FR-2016-1 1- 16/pdf/2016-25888.pdf. Additionally, the Indian River County Housing Services Division must make a copy of HUD's VAWA regulations available to you if you ask to see them. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800- 799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalkinq- resource-center. For help regarding sexual assault, you may contact the National Sexual Assault Hotline at 1-800-656- 4673 or online at https://hotline.rainn.org/online. Victims of stalking seeking help may contact the National Center for Victims of Crime's Stalking Resource Center at (202) 467-8700 or online at https://victimsofcrims.org/ourprograms/stalkingresource-center. pg. 269 350 Administrative Plan Indian River County Housing Services Division EXHIBIT 16-2: CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING AND ALTERNATE DOCUMENTATION, FORM HUD -5382 CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act ("VAWA") protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third -party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, "professional") from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of "domestic violence," "dating violence," "sexual assault," or "stalking" in HUD's regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protection to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING pg. 270 351 Administrative Plan Indian River County Housing Services Division 1. Date the written request is received by victim: 2. Name of victim: 3. Your name (if different from victim's): 4. Name(s) of other family member(s) listed on the lease: 5. Residence of victim: 6. Name of the accused perpetrator (if known and can be safely disclosed): 7. Relationship of the accused perpetrator to the victim: 8. Date(s) and times(s) of incident(s) (if known): 9. Location of incident(s): 10. In your own words, briefly describe the incident(s): This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature: Signed on (Date): Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. pg. 271 352 Administrative Plan Indian River County Housing Services Division EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING (HCV VERSION) Attachment: Certification form HUD -5382 Indian River County Housing Services Division Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Housing Choice Voucher Program Emergency Transfers IRCHSD is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (VAWA),3 IRCHSD allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.4 The ability of IRCHSD to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether IRCHSD has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy. This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD), the federal agency that oversees that the public housing and housing choice voucher (HCV) programs are in compliance with VAWA. Eligibility for Emergency Transfers A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD's regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer if the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90 -calendar- day period preceding a request for an emergency transfer. A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section. , Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD -assisted and HUD -insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. pg. 272 353 Administrative Plan Indian River County Housing Services Division Emergency Transfer Request Documentation To request an emergency transfer, the tenant shall notify the PHA. The participant must submit a written request for an emergency transfer. IRCHSD will provide reasonable accommodations to this policy for individuals with disabilities. The tenant's written request for an emergency transfer should include either: 1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under the PHA Program; OR 2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90 -calendar -day period preceding the tenant's request for an emergency transfer. The participant or applicant must use the VAWA Emergency Transfer Request form (Form HUD -5383) to request an emergency transfer; a copy of this form is attached as Exhibit 16-4. This form can be obtained by requesting one from the PHA. Upon request, the PHA may assist in completing this form. Confidentiality IRCHSD will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives IRCHSD written permission to release the information on a time-limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person or persons that committed an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against Women Act for All Tenants for more information about IRCHSD's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking. Emergency Transfer Timing and Availability IRCHSD cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. IRCHSD will, however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. IRCHSD may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. If IRCHSD has no safe and available units for which a tenant who needs an emergency transfer is eligible, IRCHSD will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant's request, IRCHSD will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan. Emergency Transfers: Housing Choice Voucher (HCV) Program Tenant -based assistance: If a participant in the tenant -based PHA Program requests an emergency transfer as described in this plan, IRCHSD will assist you to move to a safe unit quickly using their existing voucher assistance. IRCHSD will make exceptions to program regulations restricting moves as required. At the applicant or participant's request, IRCHSD will refer them to organizations that may be able to further assist you. Project -based assistance: Participants assisted under the project -based voucher (PBV) program, you pg. 273 354 Administrative Plan Indian River County Housing Services Division may request an emergency transfer under the following programs for which they are not required to apply: Tenant -based voucher, if available • Project -based assistance in the same project (if a vacant unit is available and if the participant determines that the vacant unit is safe) • Project -based assistance in another development owned or subsidized by the PHA. • PHA will seek assistance from its PBV partners to secure a safer unit for a participant experiencing domestic violence who requests an emergency unit transfer. Emergency transfers under VAWA will take priority over waiting list admissions for these types of assistance. You may also request an emergency transfer under the following programs for which you are required to apply: • Public housing program • PBV assistance in another development not owned by the HCV Agency • Indian River County Board of Commissioners does not own any housing. Emergency transfers will not take priority over waiting list admissions for these programs. At your request, they will refer you to organizations that may be able to further assist you. Safety and Security of Tenants Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe. Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1800-787-3224 (TTY). Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest National Network's National Sexual Assault Hotline at 1 -800 -656 -HOPE or visit the online hotline at: https://ohl.rainn.org/online/. Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at: h_ ttps://www.victimsofcrime.org/our-programs/stalking-resource- center. Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. pg. 274 355 Administrative Plan Indian River County Housing Services Division EXHIBIT 16,4: EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING EMERGENCY TRANSFER U.S. Department of Housing OMB Approval No. 2577-0286 REQUEST FOR CERTAIN and Urban Development Exp. 06/30/2017 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider's emergency transfer plan for more information about the availability of emergency transfers. The requirements you must meet are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD -5382, or any one of the other types of documentation listed on that Form. (2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form, or may accept another written or oral request. Please see your housing provider's emergency transfer plan for more details. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. M1; You are a victim of sexual assault and the assault occurred on the premises during the 90 -calendar -day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90 -calendar -day period before you submit this form or otherwise expressly request the transfer. Submission of Documentation: If you have third -party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that documentation to your housing provider if it is pg. 275 356 Administrative Plan Indian River County Housing Services Division safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. pg. 276 357 Administrative Plan Indian River County Housing Services Division TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER 1. Name of victim requesting an emergency transfer: 2. Your name (if different from victim's): 3. Name(s) of other family member(s) listed on the lease: 4. Name(s) of other family member(s) who would transfer with the victim: 5. Address of location from which the victim seeks to transfer: 6. Address or phone number for contacting the victim: 7. Name of the accused perpetrator (if known and can be safely disclosed): 8. Relationship of the accused perpetrator to the victim: 9. Date(s), Time(s) and location(s) of incident(s): 10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes, skip question 11. If no, fill out question 11. 11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit. 12. If voluntarily provided, list any third -party documentation you are providing along with this notice: This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item 1 meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature Signed on (Date) pg. 277 358 Administrative Plan Indian River County Housing Services Division MODEL OWNER NOTIFICATION OF RIGHTS AND OBLIGATIONS INDIAN RIVER COUNTY HOUSING SERVICES DIVISION NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) VAWA provides protections for Section 8 Housing Choice Voucher (HCV) and PBV applicants, tenants, and participants from being denied assistance on the basis or as a direct result of being a victim of domestic violence, dating violence, sexual assault and stalking. Purpose Many of VAWA's protections to victims of domestic violence, dating violence, sexual assault and stalking involve action by the PHA Program Agency, but some situations involve action by owners of assisted housing. The purpose of this notice (herein called "Notice") is to explain your rights and obligations under VAWA, as an owner of housing assisted through Indian River County Board of Commissioners PHA Program. Each component of this Notice also provides citations to HUD's applicable regulations. Denial of Tenancy Protections for applicants: Owners cannot deny tenancy based on the applicant having been or currently being a victim of domestic violence, dating violence, sexual assault, or stalking. However, the applicant must be otherwise eligible for tenancy. (See 24 Code of Federal Regulations (CFR) 982.452(b)(1). Eviction Protections for HCV participants: Incidents or threats of domestic violence, dating violence, sexual assault, or stalking will not be considered a serious or repeated lease violation by the victim, or good cause to terminate the tenancy of the victim (24 CFR 5.2005(c)). Protection also applies to criminal activity related directly to domestic violence, dating violence, sexual assault, or stalking, conducted by a member of a tenant's household or any guest or other person under the tenant's control, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking (24 CFR 5.2005(b)(2)). Limitations of VAWA protections.- a. rotections. a. Nothing in the VAWA Final Rule limits the authority of an owner, when notified of a court order, to comply with a court order with respect to (24 CFR 5.2005(d)(1)): 1) The rights of access or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or 2) The distribution or possession of property among members of a household in a case. b. Nothing in the VAWA Final Rule limits an owner from evicting a victim of domestic violence, dating violence, sexual assault, or stalking for a lease violation that is not premised on an act of domestic violence, dating violence, sexual assault, or stalking, as long as the owner does not subject the victim to more demanding standards than other tenants when deciding whether to evict. (See 24 CFR 5.2005(d)(2)). c. Nothing in the VAWA Final Rule limits an owner from evicting a tenant (including the victim of domestic violence, dating violence, sexual assault, or stalking) if the owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to the HCV property would be present if the tenant or lawful occupant is not evicted. (See 24 CFR pg. 278 359 Administrative Plan Indian River County Housing Services Division 5.2005(d)(3).) i. In this context, words, gestures, actions, or other indicators will be considered an "actual and imminent threat" if they meet the following standards: An actual and imminent threat consists of a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. (See 24 CFR 5.2003.) ii. Any eviction due to "actual and imminent threat" should be utilized by an owner only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to particularized concerns about individual residents. (See 24 CFR 5.2005(d)(4)). Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking If an applicant or tenant requests VAWA protection based on status as a victim of domestic violence, dating violence, sexual assault, or stalking, the owner has the option to request that the victim document or provide written evidence to demonstrate that the violence occurred. However, nothing in HUD's regulation requires a covered housing provider to request this documentation. (See 24 CFR 5.2007(b)(3)). If the owner chooses to request this documentation, the owner must make such request in writing. The individual may satisfy this request by providing any one document type listed under 24 CFR 5.2007(b)(1): a. Form HUD -5383 (Self -Certification Form); or b. A document: 1) Signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional or a mental health professional (collectively, "professional") from whom the victim has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse: 2) Signed by the applicant or tenant; and 3) That specifies, under penalty of perjury, that the professional believes in the occurrence of the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection and remedies under 24 CFR part 5, subpart L, and that the incident meets the applicable definition of domestic violence, dating violence, sexual assault, or stalking under 24 CFR 5.2003, or 4) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or c. At the discretion of a covered housing provider, a statement or other evidence provided by the applicant or tenant. pg. 279 360 Administrative Plan Indian River County Housing Services Division The owner must accept any of the above items (a — c). The owner has discretion to accept a statement or other evidence (d). The owner is prohibited from requiring third -party documentation of the domestic violence, dating violence, sexual assault, or stalking, unless the submitted documentation contains conflicting information. If the owner makes a written request for documentation, the owner may require submission of that documentation within 14 business days after the date that the individual received the written request for documentation. (24 CFR 5.2007(a)(2)). The owner may extend this time period at its discretion. During the 14 business day period and any granted extensions of that time, no adverse actions, such as evictions or terminations, can be taken against the individual requesting VAWA protection. Once a victim provides documentation of domestic violence, dating violence, sexual assault, or stalking, the owner is encouraged to acknowledge receipt of the documentation in a timely manner. If the applicant or tenant fails to provide documentation that meets the criteria in 24 CFR 5.2007 within 14 business days after receiving the written request for that documentation or within the designated extension period, nothing in VAWA Final Rule may be construed to limit the authority of the covered housing provider to: a. Deny admission by the applicant or tenant to the housing or program; b. Deny assistance under the covered housing program to the applicant or tenant; c. Terminate the participation of the tenant in the covered housing program; or d. Evict the tenant, or a lawful occupant that commits a violation of a lease. An individual's failure to timely provide documentation of domestic violence, dating violence, sexual assault, or stalking does not result in a waiver of the individual's right to challenge the denial of assistance or termination, nor does it preclude the individual's ability to raise an incident of domestic violence, dating violence, sexual assault, or stalking at eviction or termination proceedings. Moves A victim of domestic violence, dating violence, sexual assault, or stalking may move in violation of their lease if the move is required to protect their safety. If a move results in the termination of the Housing Assistance Payment Contract, the lease is automatically terminated. Lease Bifurcation Owners may choose to bifurcate a lease, or remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to such member who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual. (See 24 CFR 5.2009(a)). If an owner chooses to bifurcate the lease, the owner must comply with the reasonable time to establish eligibility under the covered housing program or find alternative housing following lease bifurcation provision in 24 CFR 5.2009(b). VAWA protections, including bifurcation, do not apply to guests or unreported members of a household or anyone else residing in a household who is not a tenant. Eviction, removal, termination of occupancy rights, or termination of assistance must be effected in accordance with the procedures prescribed by federal, state, or local law for termination of leases. To avoid unnecessary delay in the bifurcation process, HUD recommends that owners seek court-ordered eviction of the perpetrator pursuant to applicable laws. This process results in the underlying lease becoming null and void once the owner regains possession of the unit. The owner would then execute a new lease with the victim. pg. 280 361 Administrative Plan Indian River County Housing Services Division Evictions Due to "Actual and Imminent Threat" or Violations Not Premised on Abuse The VAWA Final Rule generally prohibits eviction on the basis or as a direct result of the fact that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for assistance, participation or occupancy. (See 24 CFR 5.2005.) However, the VAWA Final Rule does not prohibit an owner from evicting a tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the tenant. Nor does the VAWA Final Rule prohibit an owner from evicting a tenant if the owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to property of the owner would be present if that tenant or lawful occupant is not evicted or terminated from assistance. (See 5.2005(d)(2) and (3).) In order to demonstrate an actual and imminent threat to other tenants or employees at the property, the covered housing provider must have objective evidence of words, gestures, actions, or other indicators that meet the standards in the following definition: Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: • The duration of the risk; • The nature and severity of the potential harm; • The likelihood that the potential harm will occur; and • The length of time before the potential harm would occur. (See 24 CFR 5.2003 and 5.2005(d)(2).) Confidentiality Any information submitted to a covered housing provider under 24 CFR 5.2007, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, must be maintained in strict confidence by the covered housing provider. (See 24 CFR 5.2007(c).) Employees of the owner (or those within their employ, e.g., contractors) must not have access to the information unless explicitly authorized by the owner for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law (e.g., the information is needed by an employee to provide the VAWA protections to the victim). The owner must not enter this information into any shared database, or disclose this information to any other entity or individual, except to the extent that disclosure is: a. Requested or consented to in writing by the individual (victim) in a time-limited release; b. Required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program; or c. Otherwise required by applicable law. When communicating with the victim, owners must take precautions to ensure compliance with these confidentiality requirements. Service Providers Indian River County Board of Commissioners Housing Services Division has extensive relationships with local service providers. IRCHSD are available to provide referrals to shelters, pg. 281 362 Administrative Plan Indian River County Housing Services Division counselors, and advocates. These resources are also provided in Indian River County Board of Commissioners PHA Program Annual and 5 -Year Plan, Administrative Plan, VAWA Notice of Occupancy Rights, and Emergency Transfer Plan. A list of local service providers is attached to this Notice. Definitions Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. Affiliated individual, with respect to an individual, means: (1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or (2) Any individual, tenant, or lawful occupant living in the household of that individual. Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such process under the requirements of the applicable HUD -covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants. Dating violence means violence committed by a person: (1) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) Where the existence of such a relationship shall be determined based on consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. The term "spouse or intimate partner of the victim" includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: pg. 282 363 Administrative Plan Indian River County Housing Services Division (1) Fear for the person's individual safety or the safety of others; or (2) Suffer substantial emotional distress. VAWA means the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.). Attached: Legal services and the domestic violence resources for the Metro area Form HUD -5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Indian River County Board of Commissioners Housing Services Division VAWA Notice of Occupancy Rights. pg. 283 364 Administrative Plan Indian River County Housing Services Division Chapter 17: Project -Based Voucher (PBV) And Agency -Based Voucher Programs This chapter describes HUD regulations and Agency policies related to the project -based voucher (PBV) program in nine parts: Part I: General Requirements. This part describes general provisions of the PBV program including maximum budget authority requirements, relocation requirements, and equal opportunity requirements. Part II: PBV Owner Proposals. This part includes policies related to the submission and selection of owner proposals for PBV assistance. It describes the factors the PHA will consider when selecting proposals, the type of housing that is eligible to receive PBV assistance, the cap on assistance at projects receiving PBV assistance, subsidy layering requirements, site selection standards, and environmental review requirements. Part III: Dwelling Units. This part describes requirements related to housing quality standards, the type and frequency of inspections, and housing accessibility for persons with disabilities. Part IV: Rehabilitated and Newly Constructed Units. This part describes requirements and policies related to the development and completion of rehabilitated and newly constructed housing units that will be receiving PBV assistance. Part V: Housing Assistance Payments Contract. This part discusses HAP contract requirements and policies including the execution, term, and termination of the HAP contract. In addition, it describes how the HAP contract may be amended and identifies provisions that may be added to the HAP contract at the PHA's discretion. Part VI: Selection of PBV Program Participants. This part describes the requirements and policies governing how the PHA and the owner will select a family to receive PBV assistance. Part VII: Occupancy. This part discusses occupancy requirements related to the lease and describes under what conditions families are allowed or required to move. In addition, exceptions to the occupancy cap (which limits PBV assistance to 25 percent of the units in any project) are also discussed. Part VIII: Determining Rent to Owner. This part describes how the initial rent to owner is determined, and how rent will be redetermined throughout the life of the HAP contract. Rent reasonableness requirements are also discussed. Part IX: Payments to Owner. This part describes the types of payments owners may receive under this program. Part I: General Requirements 17-1 A. OVERVIEW [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21] The project -based voucher (PBV) program allows Agencies that already administer a tenant -based voucher program under an annual contributions contract (ACC) with HUD to take up to 20 percent of its authorized units and attach the funding to specific units rather than using it for tenant -based assistance [24 CFR 983.6]. HCV Agencies may only operate a PBV program if doing so is consistent with the pg. 284 365 Administrative Plan Indian River County Housing Services Division PHA's Annual Plan, and the goal of deconcentrating poverty and expanding housing and economic opportunities [42 U.S.C. 1437f(o)(13)]. IRCHSD Policy Indian River County Board of County Commissioners Housing Services Division will not administer or operate a project -based voucher program. PBV assistance may be attached to existing housing or newly constructed or rehabilitated housing [24 CFR 983.521. If PBV units are already selected for project -based assistance either under an agreement to enter into HAP Contract (Agreement) or a HAP contract, the PHA is not required to reduce the number of these units if the number of authorized units is subsequently reduced. However, the PHA is responsible for determining the amount of budget authority that is available for project -based vouchers and ensuring that the amount of assistance that is attached to units is within the amounts available under the ACC, regardless of whether the PHA has vouchers available for project -basing [FR Notice 1/18/17]. Additional Project -Based Units [FR Notice 1/18/17; Notice PIH 2017-21] The PHA may project -based an additional 10 percent of its units above the 20 percent program limit. The units may be distributed among one, all, or a combination of the categories as long as the total number of units does not exceed the 10 percent cap. Units qualify under this exception if the units: • Are specifically made available to house individuals and families that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) and contained in the Continuum of Care Interim Rule at 24 CFR 578.3. • Are specifically made available to house families that are comprised of or include a veteran. - Veteran means an individual who has served in the United States Armed Forces. • Provide supportive housing to persons with disabilities or elderly persons as defined in 24 CFR 5.403. • Are located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five -Year Estimates. Only units that that are under a HAP contract that was first executed on or after April 18, 2017, may be covered by the 10 percent exception. IRCHSD Policy Does not apply to Indian River County Board of County Commissioners Housing Services Division. The County does not administer or operate a project -based voucher program. Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17] PBV units under the RAD program and HUD-VASH PBV set-aside vouchers do not count toward the 20 percent limitation when PBV assistance is attached to them. In addition, units that were previously subject to certain federal rent restrictions or were receiving another type of long-term housing subsidy provided by HUD are not subject to the cap. The unit must be covered under a PBV HAP contract that first became effective on or after April 18, 2017. IRCHSD Policy Does not apply to Indian River County Board of County Commissioners Housing Services Division. The County does not administer or operate a project -based voucher program. 17-1 B. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE [24 CFR 983.2] Much of the tenant -based voucher program regulations also apply to the PBV program. Consequently, many of the PHA policies related to tenant -based assistance also apply to PBV assistance. The provisions of the tenant -based voucher regulations that do not apply to the PBV program are listed at 24 CFR 983.2. pg. 285 366 Administrative Plan Indian River County Housing Services Division IRCHSD Policy Except as otherwise noted in this chapter, or unless specifically prohibited by PBV program regulations, the Admin policies for the tenant -based voucher program contained in this administrative plan do not apply to any PBV program and its participants. The County does not administer or operate a PBV program. 17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7] Any persons displaced as a result of implementation of the PBV program must be provided relocation assistance in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)[42 U.S.C. 4201-4655] and implementing regulations at 49 CFR part 24. The cost of required relocation assistance may be paid with funds provided by the owner, local public funds, or funds available from other sources. PHAs may not use voucher program funds to cover relocation costs, except that PHAs may use their administrative fee reserve to pay for relocation expenses after all other program administrative expenses are satisfied, and provided that payment of the relocation benefits is consistent with state and local law. Use of the administrative fee for these purposes must also be consistent with other legal and regulatory requirements, including the requirement in 24 CFR 982.155 and other official HUD issuances. The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24, subpart B. It is the responsibility of the PHA to ensure the owner complies with these requirements. 17-1 D. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8] The PHA must comply with all equal opportunity requirements under federal law and regulations in its implementation of the PBV program. This includes the requirements and authorities cited at 24 CFR 5.105(a). In addition, the PHA will comply with the PHA Plan certification on civil rights and affirmatively furthering fair housing submitted in accordance with 24 CFR 903.7(o). Part 11: PBV Owner Proposals 17 -II A. OVERVIEW With certain exceptions, the PHA must describe the procedures for owner submission of PBV proposals and for PHA selection of PBV proposals [24 CFR 983.511. Before selecting a PBV proposal, the PHA must determine that the PBV proposal complies with HUD program regulations and requirements, including a determination that the property is eligible housing [24 CFR 983.53 and 983.54], complies with the cap on the number of PBV units per project [24 CFR 983.56], and meets the site selection standards [24 CFR 983.571. The PHA may not commit PBVs until or unless it has followed the proposal selection requirements defined in 24 CFR 983.51 [Notice PIH 2011-541. 17-11.13. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR 983.51(b)] The PHA must select PBV proposals in accordance with the selection procedures in the PHA administrative plan. The PHA must select PBV proposals by either of the following two methods. • PHA request for PBV Proposals. The PHA may solicit proposals by using a request for proposals to select proposals on a competitive basis in response to the PHA request. The PHA may not limit proposals to a single site or impose restrictions that explicitly or practically preclude owner submission of proposals for PBV housing on different sites. • The PHA may select proposals that were previously selected based on a competition. This may include selection of a proposal for housing assisted under a federal, state, or local government housing assistance program that was subject to a competition in accordance with the requirements of the applicable program, community development program, or supportive services pg. 286 367 Administrative Plan Indian River County Housing Services Division program that requires competitive selection of proposals (e.g., HOME, and units for which competitively awarded LIHTCs have been provided), where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV proposal selection date, and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance. The PHA need not conduct another competition. Units Selected Non -Competitively [FR Notice 1/18/17; Notice PIH 2017-21] For certain public housing projects where the PHA has an ownership interest or control and will spend a minimum amount per unit on rehabilitation or construction, the PHA may select a project without following one of the two processes above. IRCHSD Policy Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Solicitation and Selection of PBV Proposals [24 CFR 983.51(c)] PHA procedures for selecting PBV proposals must be designed and actually operated to provide broad public notice of the opportunity to offer PBV proposals for consideration by the HCV Agency. The public notice procedures may include publication of the public notice in a local newspaper of general circulation and other means designed and actually operated to provide broad public notice. The public notice of the PHA request for PBV proposals must specify the submission deadline. Detailed application and selection information must be provided at the request of interested parties. IRCHSD Policy Request for Proposals for Rehabilitated and Newly Constructed Units Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Requests for Proposals for Existing Housing Units Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Selection of Proposals Subject to a Previous Competition under a Federal, State, or Local Housing Assistance Program Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. HCV Agency -Owned Units [24 CFR 983.51(e), 983.59, FR Notice 1/18/17, and Notice PIH 2017-21] A PHA -owned unit may be assisted under the PBV program only if the HUD field office or HUD -approved independent entity reviews the selection process and determines that the PHA -owned units were appropriately selected based on the selection procedures specified in the administrative plan. If the PHA selects a proposal for housing that is owned or controlled by the PHA, the PHA must identify the entity that will review the PHA proposal selection process and perform specific functions with respect to rent determinations and inspections. In the case of PHA -owned units, the term of the HAP contract and any HAP contract renewal must be agreed upon by the PHA and a HUD -approved independent entity. In addition, an independent entity must determine the rent to owner, the redetermined rent to owner, and reasonable rent. Housing quality standards inspections must also be conducted by an independent entity. pg. 287 368 Administrative Plan Indian River County Housing Services Division The independent entity that performs these program services may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government) or another HUD -approved public or private independent entity. IRCHSD Policy Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Notice of Owner Selection [24 CFR 983.51(d)] The PHA must give prompt written notice to the party that submitted a selected proposal and must also give prompt public notice of such selection. Public notice procedures may include publication of public notice in a local newspaper of general circulation and other means designed and actually operated to provide broad public notice. IRCHSD Policy Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. 17-II.C. HOUSING TYPE [24 CFR 983.52] The PHA may attach PBV assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accordance with an agreement to enter into a housing assistance payments contract that was executed prior to the start of construction. A housing unit is considered an existing unit for purposes of the PBV program, if, at the time of notice of PHA selection, the units substantially comply with HQS. Units for which new construction or rehabilitation began after the owner's proposal submission but prior to the execution of the HAP do not subsequently qualify as existing housing. Units that were newly constructed or rehabilitated in violation of program requirements also do not qualify as existing housing. The PHA must decide what housing type, new construction, rehabilitation, or existing housing, will be used to develop project -based housing. The PHA choice of housing type must be reflected in its solicitation for proposals. 17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS Ineligible Housing Types [24 CFR 983.53] The PHA may not attach or pay PBV assistance to shared housing units; units on the grounds of a penal reformatory, medical, mental, or similar public or private institution; nursing homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care (except that assistance may be provided in assisted living facilities); units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students; manufactured homes; and transitional housing. In addition, the PHA may not attach or pay PBV assistance for a unit occupied by an owner and the PHA may not select or enter into an agreement to enter into a HAP contract or HAP contract for a unit occupied by a family ineligible for participation in the PBV program. A member of a cooperative who owns shares in the project assisted under the PBV program is not considered an owner for purposes of participation in the PBV program. Finally, PBV assistance may not be attached to units for which construction or rehabilitation has started after the proposal submission and prior to the execution of an AHAP. Subsidized Housing [24 CFR 983.54] A PHA may not attach or pay PBV assistance to units in any of the following types of subsidized housing: • A public housing unit; pg. 288 369 Administrative Plan Indian River County Housing Services Division • A unit subsidized with any other form of Section 8 assistance; • A unit subsidized with any governmental rent subsidy; • A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing; • A unit subsidized with Section 236 rental assistance payments (except that a HCV Program may attach assistance to a unit subsidized with Section 236 interest reduction payments); • A Section 202 project for non -elderly with disabilities; • Section 811 project -based supportive housing for persons with disabilities; • Section 202 supportive housing for the elderly; • A Section 101 rent supplement project; • A unit subsidized with any form of tenant -based rental assistance; • A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or the PHA in accordance with HUD requirements. 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, FR Notice 11/24/08, FR Notice 7/9/10, and FR Notice 6/25/14] The PHA may provide PBV assistance only in accordance with HUD subsidy layering regulations [24 CFR 4.13] and other requirements. The subsidy layering review is intended to prevent excessive public assistance by combining (layering) housing assistance payment subsidy under the PBV program with other governmental housing assistance from federal, state, or local agencies, including assistance such as tax concessions or tax credits. Subsidy layering requirements do not apply to existing housing. A further subsidy layering review is not required for new construction or rehabilitation if HUD's designee has conducted a review that included a review of PBV assistance in accordance with the PBV subsidy layering guidelines. The PHA must submit the necessary documentation to HUD for a subsidy layering review. Except in cases noted above, the PHA may not enter into an agreement to enter into a HAP contract or a HAP contract until HUD, or a HUD -approved housing credit agency (HCA), has conducted any required subsidy layering review and determined that the PBV assistance is in accordance with HUD subsidy layering requirements. However, in order to satisfy applicable requirements, HCAs must conduct subsidy layering reviews in compliance with the guidelines set forth in the Federal Register notice published July 9, 2010. The HAP contract must contain the owner's certification that the project has not received and will not receive (before or during the term of the HAP contract) any public assistance for acquisition, development, or operation of the housing other than assistance disclosed in the subsidy layering review in accordance with HUD requirements. 17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT 25 Percent per Project Cap [24 CFR 983.56, FR Notice 1/18/17, and Notice PIH 2017-21] In general, the PHA may not select a proposal to provide PBV assistance for units in a project or enter into an agreement to enter into a HAP or a HAP contract to provide PBV assistance for units in a project, if the total number of dwelling units in the project that will receive PBV assistance during the term of the PBV HAP contract is more than the greater of 25 units or 25 percent of the number of dwelling units (assisted or unassisted) in the project. Exceptions to 25 Percent per Project Cap [FR Notice 1/18/17; Notice PIH 2017-21] As of April 18, 2017, units are not counted against the 25 percent or 25 -unit per project cap if: pg. 289 370 Administrative Plan Indian River County Housing Services Division • The units are exclusively for elderly families • The units are for households eligible for supportive services available to all families receiving PBV assistance in the project — If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five -Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17]. The Housing Opportunity Through Modernization Act of 2016 (HOTMA) eliminated the project cap exemption for projects that serve disabled families and modified the exception for supportive services. Projects where these caps were implemented prior to HOTMA (HAP contracts executed prior to April 18, 2017) may continue to use the former exceptions and may renew their HAP contracts under the old requirements, unless the PHA and owner agree to change the conditions of the HAP contract. However, this change may not be made if it would jeopardize an assisted family's eligibility for continued assistance on the project. Supportive Services PHAs must include in the PHA administrative plan the type of services offered to families for a project to qualify for the exception and the extent to which such services will be provided. As of April 18, 2017, the project must make supportive services available to all families receiving PBV assistance in the project, but the family does not actually have to accept and receive supportive services for the exception to apply to the unit, although the family must be eligible to receive the supportive services. It is not necessary that the services be provided at or by the project but must be reasonably available to families receiving PBV assistance at the project and designed to help families in the project achieve self-sufficiency or live in the community as independently as possible. A PHA may not require participation in the supportive service as a condition of living in the excepted unit, although such services may be offered. IRCHSD Policy Except units will be limited to units for elderly families. Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Projects not Subject to a Project Cap [FR Notice 1/18/17; Notice PIH 2017-21] PBV units that were previously subject to certain federal rent restrictions or receiving another type of long- term housing subsidy provided by HUD are exempt from the project cap. In other words, 100 percent of the units in these projects may receive PBV assistance. IRCHSD Policy Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Promoting Partially -Assisted Projects [24 CFR 983.56(c)] A PHA may establish local requirements designed to promote PBV assistance in partially assisted projects. A partially assisted project is a project in which there are fewer units covered by a HAP contract than residential units [24 CFR 983.31. A PHA may establish a per -project cap on the number of units that will receive PBV assistance or other project -based assistance in a multifamily project containing excepted units or in a single-family building. A PHA may also determine not to provide PBV assistance for excepted units, or the PHA may establish a per -project cap of less than 25 percent. pg. 290 371 Administrative Plan Indian River County Housing Services Division IRCHSD Policy: Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. 17-II.G. SITE SELECTION STANDARDS Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)] The PHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an agreement to enter into a HAP contract or HAP contract for units on the site, unless the PHA has determined that PBV assistance for housing at the selected site is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities. The standard for deconcentrating poverty and expanding housing and economic opportunities must be consistent with the Agency Plan under 24 CFR 903 and the PHA administrative plan. In addition, prior to selecting a proposal, the PHA must determine that the site is suitable from the standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, regulations, and Executive Orders, and that the site meets the HQS site and neighborhood standards at 24 CFR 982.401(1). IRCHSD Policy Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract for existing or rehabilitated housing until it has determined that the site complies with the HUD required site and neighborhood standards. The site must: • Be adequate in size, exposure, and contour to accommodate the number and type of units proposed; • Have adequate utilities and streets available to service the site; • Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • Be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive. New Construction Site and Neighborhood Standards [24 CFR 983.57(e)] In order to be selected for PBV assistance, a site for newly constructed housing must meet the following HUD required site and neighborhood standards: • The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed; • The site must have adequate utilities and streets available to service the site; • The site must not be located in an area of minority concentration unless the PHA determines that sufficient, comparable opportunities exist for housing for minority families in the income range to be pg. 291 372 Administrative Plan Indian River County Housing Services Division served by the proposed project outside areas of minority concentration or that the project is necessary to meet overriding housing needs that cannot be met in that housing market area; • The site must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non -minority residents in the area. • The site must promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • The neighborhood must not be one that is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate; • The housing must be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Except for housing designed for elderly persons, the housing must be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive. 17-II.H. ENVIRONMENTAL REVIEW [24 CFR 983.58] The PHA activities under the PBV program are subject to HUD environmental regulations in 24 CFR parts 50 and 58. The responsible entity is responsible for performing the federal environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract until it has complied with the environmental review requirements. In the case of existing housing, the responsible entity that is responsible for the environmental review under 24 CFR part 58 must determine whether or not PBV assistance is categorically excluded from review under the National Environmental Policy Act and whether or not the assistance is subject to review under the laws and authorities listed in 24 CFR 58.5. The PHA may not enter into an agreement to enter into a HAP contract or a HAP contract with an owner, and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for PBV activities under this part, until the environmental review is completed. The PHA must supply all available, relevant information necessary for the responsible entity to perform any required environmental review for any site. The PHA must require the owner to carry out mitigating measures required by the responsible entity (or HUD, if applicable) as a result of the environmental review. PART III: DWELLING UNITS 17-III.A. OVERVIEW This part identifies the special housing quality standards that apply to the PBV program, housing accessibility for persons with disabilities, and special procedures for conducting housing quality standards inspections. 17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101] The housing quality standards (HQS) for the tenant -based program, including those for special housing types, generally apply to the PBV program. HQS requirements for shared housing, manufactured home space rental, and the homeownership option do not apply because these housing types are not assisted under the PBV program. pg. 292 373 Administrative Plan Indian River County Housing Services Division The physical condition standards at 24 CFR 5.703 do not apply to the PBV program Lead-based Paint [24 CFR 983.101(c)] The lead-based paint requirements for the tenant -based voucher program do not apply to the PBV program. Instead, The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, apply to the PBV program. 17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. The PHA must ensure that the percentage of accessible dwelling units complies with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR 8, subpart C Housing first occupied after March 13, 1991, must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implement regulations at 24 CFR 100.205, as applicable. (24 CFR 983.102). 17-III.D. INSPECTING UNITS Pre -selection Inspection [24 CFR 983.103(a)] The PHA must examine the proposed site before the proposal selection date. If the units to be assisted already exist, the PHA must inspect all the units before the proposal selection date, and must determine whether the units substantially comply with HQS. To qualify as existing housing, units must substantially comply with HQS on the proposal selection date. However, the PHA may not execute the HAP contract until the units fully comply with HQS. Pre -HAP Contract Inspections [24 CFR 983.103(b)] The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not enter into a HAP contract covering a unit until the unit fully complies with HQS. Turnover Inspections [24 CFR 983.103(c), FR Notice 1/18/17, and Notice PIH 2017-20] Before providing assistance to a new family in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the family until the unit fully complies with HQS, unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non -life-threatening conditions or if the unit passed an alternative inspection. IRCHSD Policy Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. Annual/Biennial Inspections [24 CFR 983.103(d); FR Notice 6125114] At least once every 24 months during the term of the HAP contract, the PHA must inspect a random sample consisting of at least 20 percent of the contract units in each building to determine if the contract units and the premises are maintained in accordance with HQS. Turnover inspections are not counted toward meeting this inspection requirement. IRCHSD SD Ro i :y Does not apply to IRCHSD. The County does not administer or operate a project -based voucher program. If more than 20 percent of the samples of inspected contract units in a building fail the initial inspection, the PHA must reinspect 100 percent of the contract units in the building. pg. 293 374 Administrative Plan Indian River County Housing Services Division Other Inspections [24 CFR 983.103(e)] The PHA must inspect contract units whenever needed to determine that the contract units comply with HQS and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections. The PHA must conduct follow-up inspections needed to determine if the owner (or, if applicable, the family) has corrected an HQS violation, and must conduct inspections to determine the basis for contractual exercise and other remedies for owner or family violation of HQS. In conducting PHA supervisory quality control HQS inspections, the PHA should include a representative sample of both tenant -based and project -based units. Inspecting PHA -Owned Units [24 CFR 983.103(f)] In the case of PHA -owned units, the inspections must be performed by an independent agency designated by the PHA and approved by HUD. The independent entity must furnish a copy of each inspection report to the Agency and to the HUD field office where the project is located. The PHA must take all necessary actions in response to inspection reports from the independent agency, including exercise of contractual remedies for violation of the HAP contract by the PAH -owner. PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS 17-IV.A. OVERVIEW [24 CFR 983.151] There are specific requirements that apply to PBV assistance for newly constructed or rehabilitated housing that do not apply to PBV assistance in existing housing. This part describes the requirements unique to this type of assistance. Housing selected for this type of assistance may not at a later date be selected for PBV assistance as existing housing. 17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT In order to offer PBV assistance in rehabilitated or newly constructed units, the PHA must enter into an agreement to enter into HAP contract (Agreement) with the owner of the property. The Agreement must be in the form required by HUD [24 CFR 983.152(b)]. The PHA may not enter into an Agreement if commencement of construction or rehabilitation has commenced after proposal submission [24 CFR 983.152(c)]. Construction begins when excavation or site preparation (including clearing of the land) begins for the housing. Rehabilitation begins with the physical commencement of rehabilitation activity on the housing. In the Agreement the owner agrees to develop the PBV contract units to comply with HQS, and the PHA agrees that upon timely completion of such development in accordance with the terms of the Agreement, the PHA will enter into a HAP contract with the owner for the contract units [24 CFR 983.152(a)]. Content of the Agreement [24 CFR 983.152(d)] At a minimum, the Agreement must describe the following features of the housing to be developed and assisted under the PBV program: • Site and the location of the contract units; • Number of contract units by area (size) and number of bedrooms and bathrooms; • Services, maintenance, or equipment to be supplied by the owner without charges in addition to the rent; pg. 294 375 Administrative Plan Indian River County Housing Services Division • Utilities available to the contract units, including a specification of utility services to be paid by the owner and utility services to be paid by the tenant; • An indication of whether or not the design and construction requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 apply to units under the Agreement. If applicable, any required work item resulting from these requirements must be included in the description of work to be performed under the Agreement; • Estimated initial rents to owner for the contract units; • Description of the work to be performed under the Agreement. For rehabilitated units, the description must include the rehabilitation work write up and, where determined necessary by the PHA, specifications and plans. For new construction units, the description must include the working drawings and specifications. • Any additional requirements for quality, architecture, or design over and above HQS. Execution of the Agreement [24 CFR 983.153] The Agreement must be executed promptly after PHA notice of proposal selection to the selection to the selected owner. The PHA may not enter into the Agreement if construction or rehabilitation has started after proposal submission. Generally, the PHA may not enter into the Agreement with the owner until the subsidy layering review is completed. Likewise, the PHA may not enter into the Agreement until the environmental review is completed and the PHA has received environmental approval. However, the PHA does not need to conduct a subsidy layering review in the case of a HAP contract for existing housing or if the applicable state or local agency has conducted such a review. Similarly, environmental reviews are not required for existing structures unless otherwise required by law or regulation. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-IV.C. CONDUCT OF DEVELOPMENT WORK Labor Standards [24 CFR 983.154(b)] If an Agreement covers the development of nine or more contract units (whether or not completed in stages), the owner and the owner's contractors and subcontractors must pay Davis -Bacon wages to laborers and mechanics employed in the development of housing. The HUD -prescribed form of the Agreement will include the labor standards clauses required by HUD, such as those involving Davis - Bacon wage rates. The owner, contractors, and subcontractors must also comply with the Contract Work Hours and Safety Standards Act, Department of Labor regulations in 29 CFR part 5, and other applicable federal labor relations laws and regulations. The PHA must monitor compliance with labor standards. Equal Opportunity [24 CFR 983.154(c)] The owner must comply with Section 3 of the Housing and Urban Development Act of 1968 and the implementation regulations at 24 CFR part 135. The owner must also comply with federal equal employment opportunity requirements. Owner Disclosure [24 CFR 983.154(d) and (e)] The Agreement and HAP contract must include a certification by the owner that the owner and other project principals are not on the U.S. General Services Administration list of parties excluded from federal procurement and non -procurement programs. pg. 295 376 Administrative Plan Indian River County Housing Services Division The owner must also disclose any possible conflict of interest that would be a violation of the Agreement, the HAP contract, or HUD regulations. 17-IV.D. COMPLETION OF HOUSING The Agreement must specify the deadlines for completion of the housing, and the owner must develop and complete the housing in accordance with these deadlines. The Agreement must also specify the deadline for submission by the owner of the required evidence of completion. Evidence of Completion [24 CFR 983.155(b)] At a minimum, the owner must submit the following evidence of completion to the PHA in the form and manner required by the PHA: • Owner certification that the work has been completed in accordance with HQS and all requirements of the Agreement; and • Owner certification that the owner has complied with labor standards and equal opportunity requirements in development of the housing. At the PHA discretion, the Agreement may specify additional documentation that must be submitted by the owner as evidence of housing completion. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Acceptance of Completed Units [24 CFR 983.156] Upon notice from the owner that the housing is completed, the PHA must inspect to determine if the housing has been completed in accordance with the Agreement, including compliance with HQS and any additional requirements imposed under the Agreement. The PHA must also determine if the owner has submitted all required evidence of completion. If the work has not been completed in accordance with the Agreement, the PHA must not enter into the HAP contract. If the PHA determines the work has been completed in accordance with the Agreement and that the owner has submitted all required evidence of completion, the PHA must submit the HAP contract for execution by the owner and must then execute the HAP contract. PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) 17-V.A. OVERVIEW The PHA must enter into a HAP contract with an owner for units that are receiving PBV assistance. The purpose of the HAP contract is to provide housing assistance payments for eligible families. Housing assistance is paid for contract units leased and occupied by eligible families during the HAP contract term. With the exception of single-family scattered -site projects, a HAP contract shall cover a single project. If multiple projects exist, each project is covered by a separate HAP contract. The HAP contract must be in the form required by HUD [24 CFR 983.202(a)]. 17-V.B. HAP CONTRACT REQUIREMENTS Contract Information [24 CFR 983.203] The HAP contract must specify the following information: pg. 296 377 Administrative Plan Indian River County Housing Services Division • The total number of contract units by number of bedrooms; • The project's name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building; • The number of contract units in each building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit; • Services, maintenance, and equipment to be supplied by the owner and included in the rent to owner; • Utilities available to the contract units, including a specification of utility services to be paid by the owner (included in rent) and utility services to be paid by the tenant; • Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8; • The HAP contract term; • The number of units in any project that will exceed the 25 percent per project cap, which will be set aside for occupancy by qualifying families (elderly and/or disabled families and families receiving supportive services); and • The initial rent to owner for the first 12 months of the HAP contract term. Execution of the HAP Contract [24 CFR 983.204] The PHA may not enter into a HAP contract until each contract unit has been inspected and the PHA has determined that the unit complies with the Housing Quality Standards (HQS), unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non -life-threatening conditions. For existing housing, the HAP contract must be executed promptly after the PHA selects the owner proposal and inspects the housing units. For newly constructed or rehabilitated housing the HAP contract must be executed after the PHA has inspected the completed units and has determined that the units have been completed in accordance with the agreement to enter into HAP, and the owner furnishes all required evidence of completion. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice PIH 2017-21] The PHA may enter into a HAP contract with an owner for an initial term of no less than one year and no more than 20 years for each contract unit. The length of the term of the HAP contract for any contract unit may not be less than one year, nor more than 20 years. In the case of PHA -owned units, the term of the HAP contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR 983.59(b)(2)]. IRCHSD Po" Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. At the time of the initial HAP contract term or any time before expiration of the HAP contract, the PHA may extend the term of the contract for an additional term of up to 20 years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income families. A HAP contract extension may not exceed 20 years. A PHA may provide for multiple extensions; however, in no circumstances may such extensions exceed 20 years, cumulatively. Extensions after the initial extension are allowed at the end of any extension term, provided that not more than 24 months prior to the expiration of the previous extension contract the PHA pg. 297 378 Administrative Plan Indian River County Housing Services Division agrees to extend the term, and that such extension is appropriate to continue providing affordable housing for low-income families or to expand housing opportunities. Extensions after the initial extension term shall not begin prior to the expiration date of the previous extension term. Subsequent extensions are subject to the same limitations. All extensions must be on the form and subject to the conditions prescribed by HUD at the time of the extension. In the case of PHA - owned units, any extension of the term of the HAP contract must be agreed upon by the PHA and the independent entity approved by HUD (24 CFR 983.59(b)(2)]. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Termination by HCV Agency [24 CFR 983.205(c) and FR Notice 1/18/17] The HAP contract must provide that the term of the PHA contractual commitment is subject to the availability of sufficient appropriate funding as determined by HUD or by the PHA in accordance with HUD instructions. For these purposes, sufficient funding means the availability of appropriations, and of funding under the ACC from such appropriations, to make full payment of housing assistance payments payable to the owner for any contract year in accordance with the terms of the HAP contract. In times of insufficient funding, HUD requires that the PHA first take all cost-saving measures prior to failing to make payments under existing PBV HAP contracts. If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the PHA may terminate the HAP contract by notice to the owner. The termination must be implemented in accordance with HUD instructions. Termination by Owner [24 CFR 983.205(d)] If in accordance with program requirements the amount of rent to an owner for any contract unit is reduced below the amount of rent to owner at the beginning of the HAP contract term, the owner may terminate the HAP contract by giving notice to the PHA. In this case, families living in the contract units must be offered tenant -based assistance. Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice PIH 2017-21] Not less than one year before the HAP contract terminates, or if the owner refuses to renew the HAP contract, the owner must notify the PHA and assisted tenants of the termination. The notice must be provided in the form prescribed by HUD. If the owner does not give timely notice, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of their rent, and with no eviction as a result of the owner's inability to collect an increased tenant portion of rent. An owner may renew the terminating contract for a period of time sufficient to give tenants one-year advance notice under such terms as HUD may require. Upon termination or expiration of the contract, a family living at the property is entitled to receive a tenant - based voucher. Tenant -based assistance would not begin until the owner's required notice period ends. The PHA must provide the family with a voucher and the family must also be given the option by the PHA and owner to remain in their unit with HCV tenant -based assistance as long as the unit complies with inspection and rent reasonableness requirements. The family must pay their total tenant payment (TTP) and any additional amount if the gross rent exceeds the applicable payment standard. The family has the right to remain in the project as long as the units are used for rental housing and are otherwise eligible for HCV assistance. The owner may not terminate the tenancy of a family that exercises its right to remain except for serious or repeated lease violations or other good cause. Families that receive a tenant -based pg. 298 379 Administrative Plan Indian River County Housing Services Division voucher at the expiration or termination of the PBV HAP contract are not new admissions to the PHA HCV tenant -based program, and are not subject to income eligibility requirements or any other admission requirements. If the family chooses to remain in their unit with tenant -based assistance, the family may do so regardless of whether the family share would initially exceed 40 percent of the family's adjusted monthly income. Remedies for HQS Violations [24 CFR 983.208(b)] The PHA may not make any HAP payment to the owner for a contract unit during any period in which the unit does not comply with HQS. If the PHA determines that a contract does not comply with HQS, the PHA may exercise any of its remedies under the HAP contract, for any or all of the contract units. Available remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the HAP contract. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-V.C. AMENDMENTS TO HAP CONTRACT Substitution of Contract Units [24 CFR 983.207(a)] At the PHA discretion and subject to all PBV requirements, the HAP contract may be amended to substitute a different unit with the same number of bedrooms in the same project for a previously covered contract unit. Before any such substitution can take place, the PHA must inspect the proposed unit and determine the reasonable rent for the unit. Addition of Contract Units [FR Notice 1/18/17 and Notice PIH 2017-21] The PHA and owner may amend the HAP contract to add additional PBV contract units in projects that already have a HAP contract without having to fulfill the selection requirements found at 24 CFR 983.51(b) for those additional PBV units, regardless of when the HAP contract was signed. The additional PBV units, however, are still subject to the PBV program cap and individual project caps. Prior to attaching additional units without competition, the PHA must submit to the local field office information outlined in FR Notice 1/18/17. The PHA must also detail in the administrative plan their intent to add PBV units and the rationale for adding units to the specific PBV project. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.207(b) and 983.302(e)] The HAP contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term. The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. There is a single annual anniversary and expiration date for all units under a particular HAP contract, even in cases where contract units are placed under the HAP contract in stages (on different dates) or units are added by amendment. The anniversary and expiration dates for all units coincide with the dates for the contract units that were originally placed under contract. pg. 299 380 Administrative Plan Indian River County Housing Services Division 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP [24 CFR 983.210] When the owner executes the HAP contract s/he certifies that at such execution and at all times during the term of the HAP contract: • All contract units are in good condition and the owner is maintaining the premises and contract units in accordance with HQS; • The owner is providing all services, maintenance, equipment and utilities as agreed to under the HAP contract and the leases; • Each contract unit for which the owner is receiving HAP, is leased to an eligible family referred by the PHA, and the lease is in accordance with the HAP contract and HUD requirements; • To the best of the owner's knowledge the family resides in the contract unit for which the owner is receiving HAP, and the unit is the family's only residence; • The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit; • The amount of the HAP the owner is receiving is correct under the HAP contract; • The rent for contract units does not exceed rents charged by the owner for comparable unassisted units; • Except for HAP and tenant rent, the owner has not received and will not receive any other payment or consideration for rental of the contract unit; • The family does not own or have any interest in the contract unit (does not apply to family's membership in a cooperative); and • Repair work on the project selected as an existing project that is performed after HAP execution within such post -execution period as specified by HUD may constitute development activity, and if determined to be development activity, the repair work undertaken shall be in compliance with Davis - Bacon wage requirements. 17-V.F. ADDITIONAL HAP REQUIREMENTS Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)] The owner is required to maintain and operate the contract units and premises in accordance with HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance, equipment, and utilities specified in the HAP contract with the PHA and in the lease with each assisted family. In addition, maintenance, replacement and redecoration must be in accordance with the standard practice for the building as established by the owner. The PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. Any such additional requirements must be specified in the Agreement to enter into a HAP contract and the HAP contract. These requirements must be in addition to, not in place of, compliance with HQS. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Vacancy Payments [24 CFR 983.352(b)] At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner for a PHA - determined period of vacancy extending from the beginning of the first calendar month after the move -out month for a period not exceeding two full months following the move -out month. The amount of the vacancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant's security deposit). pg. 300 381 Administrative Plan Indian River County Housing Services Division IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS 17-VI.A. OVERVIEW Many of the provisions of the tenant -based voucher regulations [24 CFR 982] also apply to the PBV program. This includes requirements related to determining eligibility and selecting applicants from the waiting list. Even with these similarities, there are requirements that are unique to the PBV program. This part describes the requirements and policies related to eligibility and admission to the PBV program. 17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(a) and (b)] The PHA may select families for the PBV program from those who are participants in the HCV tenant - based voucher program and from those who have applied for admission to the voucher program. For voucher participants, eligibility was determined at original admission to the voucher program and does not need to be redetermined at the commencement of PBV assistance. For all others, eligibility for admission must be determined at the commencement of PBV assistance. Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant - based voucher program. Applicants must qualify as a family as defined by HUD and the PHA, have income at or below HUD -specified income limits, and qualify on the basis of citizenship or the eligible immigration status of family members [24 CFR 982.201(a) and 24 CFR 983.2(a)]. In addition, an applicant family must provide social security information for family members [24 CFR 5.216 and 5.218] and consent to the PHAs collection and use of family information regarding income, expenses, and family composition [24 CFR 5.230]. The PHA may also not approve a tenancy if the owner (including a principal or other interested party) of the unit is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless needed as a reasonable accommodation. An applicant family must also meet HUD requirements related to current or past criminal activity. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. In -Place Families [24 CFR 983.251(b)] An eligible family residing in a proposed PBV contract unit on the date the proposal is selected by the PHA is considered an "in-place family." These families are afforded protection from displacement under the PBV rule. If a unit to be placed under contract (either an existing unit or a unit requiring rehabilitation) is occupied by an eligible family on the date the proposal is selected, the in-place family must be placed on the PHAs waiting list. Once the family's continued eligibility is determined (they may deny assistance to an in-place family for the grounds specified in 24 CFR 982.552 and 982.553), the family must be given an absolute selection preference and the PHA must refer these families to the project owner for an appropriately sized PBV unit in the project. Admission of eligible in-place families is not subject to income targeting requirements. This regulatory protection from displacement does not apply to families that are not eligible to participate in the program on the proposal selection date. 17-VI.C. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c)] The PHA may establish a separate waiting list for PBV units or it may use the same waiting list for both tenant -based and PBV assistance. They may also merge the PBV waiting list with a waiting list for other assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waiting list for PBV pg. 301 382 Administrative Plan Indian River County Housing Services Division assistance, the PHA must offer to place applicants who are listed on the tenant -based waiting list on the waiting list for PBV assistance. If a PHA decides to establish a separate PBV waiting list, the PHA may use a single waiting list for the PHAs whole PBV program, or it may establish separate waiting lists for PBV units in particular projects or buildings or for sets of such units. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-VI.D. SELECTION FROM THE WAITING LIST [24 CFR 983.251(c)] Applicants who will occupy units with PBV assistance must be selected from the PHAs waiting list. The PHA may establish selection criteria or preferences for occupancy of particular PBV units. The PHA may place families referred by the PBV owner on its PBV waiting list. Income Targeting [24 CFR 983.251(c)(6)] At least 75 percent of the families admitted to the PHAs tenant -based and project -based voucher programs during the fiscal year from the waiting list must be extremely -low income families. The income targeting requirement applies to the total of admissions to both programs. Units with Accessibility Features [24 CFR 983.251(c)(7)] When selecting families to occupy PBV units that have special accessibility features for persons with disabilities, the PHA must first refer families who require such features to the owner. Preferences [24 CFR 983.251(d), FR Notice 11/24/08] The PHA may use the same selection preferences that are used for the tenant -based voucher program, establish selection criteria or preferences for the PBV program as a whole, or for occupancy of particular PBV developments or units. The PHA must provide an absolute selection preference for eligible in-place families as described in Section 17-VI.B. above. The PHA may establish a selection preference for families who qualify for voluntary services, including disability -specific services, offered in conjunction with assisted units, provided that preference is consistent with the PHAAdmin plan. The PHA may not, however, grant a preference to a person with a specific disability [FR Notice 1/18/17]. In advertising such a project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible disabled persons who may benefit from services provided in the project. In these projects, disabled residents may not be required to accept the particular services offered as a condition of occupancy. If the PHA has projects with "excepted units" for elderly families or supportive services, they must give preference to such families when referring families to these units [24 CFR 983.261(b); FR Notice 1/18/17]. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. pg. 302 383 Administrative Plan Indian River County Housing Services Division 17-VI.E. OFFER OF PBV ASSISTANCE Refusal of Offer [24 CFR 983.251(e)(3)] The PHA is prohibited from taking any of the following actions against a family who has applied for, received, or refused an offer of PBV assistance: • Refuse to list the applicant on the waiting list for tenant -based voucher assistance; • Deny any admission preference for which the applicant qualifies; • Change the applicant's place on the waiting list based on preference, date, and time of application, or other factors affecting selection under the PHAs selection policy; • Remove the applicant from the tenant -based voucher waiting list. Disapproval by Landlord [24 CFR 983.251(e)(2)] If a PBV owner rejects a family for admission to the owner's units, such rejection may not affect the family's position on the tenant -based voucher waiting list. Acceptance of Offer [24 CFR 983.252] Family Briefing When a family accepts an offer for PBV assistance, the PHA must give the family an oral briefing. The briefing must include information on how the program works and the responsibilities of the family and owner. In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA determines the total tenant payment for a family, the family obligations under the program, and applicable fair housing information. Persons with Disabilities If an applicant family's head or spouse is disabled, the PHA must assure effective communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must have a mechanism for referring a family that includes a member with a mobility impairment to an appropriate accessible PBV unit. Persons with Limited English Proficiency The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2). 17-VI.F. OWNER SELECTION OF TENANTS The owner is responsible for developing written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant's ability to fulfill their obligations under the lease. An owner must promptly notify in writing any rejected applicant of the grounds for any rejection [24 CFR 983253(a)(2) and (a)(3)]. Leasing [24 CFR 983.253(a)] During the term of the HAP contract, the owner must lease contract units to eligible families that are selected and referred by the PHA from their waiting list. The contract unit leased to the family must be the appropriate size unit for the size of the family, based on the subsidy standards. Filling Vacancies [24 CFR 983.254(a)] The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit. After receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of pg. 303 384 Administrative Plan Indian River County Housing Services Division families for the owner to fill such vacancies. The PHA and the owner must make reasonable efforts to minimize the likelihood and length of any vacancy. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)] If any contract units have been vacant for 120 or more days since owner notice of the vacancy, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (according to the bedroom size) that have been vacant for this period. IRCHSD Polio Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-VI.G. TENANT SCREENING [24 CFR 983.2551 PHA Responsibility The PHA is not responsible or liable to the owner or any other person for the family's behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny applicants based on such screening. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. The PHA must provide the owner with an applicant family's current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the family's current landlord and any prior landlords. In addition, the PHA may offer the owner other information the PHA may have about a family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members. The PHA must provide applicant families a description of the PHA policy on providing information to owners, and the PHA must give the same types of information to all owners. The PHA may not disclose to the owner any confidential information provided in response to a request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation (24 CFR 5.2007(a)(4)]. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Owner Responsibility The owner is responsible for screening and selection of the family to occupy the owner's unit. When screening families the owner may consider a family's background with respect to the following factors: • Payment of rent and utility bills; • Caring for a unit and premises; • Respecting the rights of other residents to the peaceful enjoyment of their housing; pg. 304 385 Administrative Plan Indian River County Housing Services Division • Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and • Compliance with other essential conditions of tenancy. PART VII: OCCUPANCY 17-VII.A. OVERVIEW After an applicant has been selected from the waiting list, determined eligible by the PHA, referred to an owner and determined suitable by the owner, the family will sign the lease and occupancy of the unit will begin. 17-VII.B. LEASE [24 CFR 983.256] The tenant must have legal capacity to enter a lease under state and local law. Legal capacity means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner. Form of Lease [24 CFR 983.256(b)] The tenant and the owner must enter into a written lease agreement that is signed by both parties. If an owner uses a standard lease form for rental units to unassisted tenants in the locality or premises, the same lease must be used for assisted tenants, except that the lease must include a HUD -required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease. The PHA may review the owner's lease form to determine if the lease complies with state and local law. If the PHA determines that the lease does not comply with state or local law, the PHA may decline to approve the tenancy. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Lease Requirements [24 CFR 983.256(c)] The lease for a PBV unit must specify all of the following information: • The names of the owner and the tenant; • The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit); • The term of the lease (initial term and any provision for renewal); • The amount of the tenant rent to owner, which is subject to change during the term of the lease in accordance with HUD requirements; • A specification of the services, maintenance, equipment, and utilities that will be provide by the owner; and • The amount of any charges for food, furniture, or supportive services. Tenancy Addendum [24 CFR 983.256(d)] The tenancy addendum in the lease must state: • The program tenancy requirements; • The composition of the household as approved by the PHA (the names of family members and any PHA -approved live-in aide); pg. 305 386 Administrative Plan Indian River County Housing Services Division • All provisions in the HUD -required tenancy addendum must be included in the lease. The terms of the tenancy addendum prevail over other provisions of the lease. Initial Term and Lease Renewal [24 CFR 983.256(f)] The initial lease term must be for at least one year. The lease must provide for automatic renewal after the initial term of the lease in either successive definitive terms (e.g. month-to-month or year-to-year) or an automatic indefinite extension of the lease term. For automatic indefinite extension of the lease term, the lease terminates if any of the following occur: • The owner terminates the lease for good cause • The tenant terminates the lease • The owner and tenant agree to terminate the lease • The PHA terminates the HAP contract • The PHA terminates assistance for the family Changes in the Lease [24 CFR 983.256(e)] If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner must immediately give the PHA a copy of all changes. The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation of tenants and owner responsibilities for utilities. Such changes may only be made if approved by the PHA and in accordance with the terms of the lease relating to its amendment. The PHA must re -determine reasonable rent, in accordance with program requirements, based on any change in the allocation of the responsibility for utilities between the owner and the tenant. The redetermined reasonable rent will be used in calculation of the rent to owner from the effective date of the change. Owner Termination of Tenancy [24 CFR 983.257] With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an owner may in the tenant -based voucher program (see Section 12-III.B. and 24 CFR 982.310). In the PBV program, terminating tenancy for "good cause" does not include doing so for a business or economic reason, or a desire to use the unit for personal or family use or other non-residential purpose. Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)J The lease may specify a maximum period of family absence from the unit that may be shorter than the maximum period permitted by PHAAdmin policy. According to program requirements, the family's assistance must be terminated if they are absent from the unit for more than 180 consecutive days. PHA termination of assistance actions due to family absence from the unit are subject to 24 CFR 981.312, except that the unit is not terminated from the HAP contract if the family is absent for longer than the maximum period permitted. Continuation of Housing Assistance Payments [24 CFR 982.258] Housing assistance payments shall continue until the tenant rent equals the rent to owner. The cessation of housing assistance payments at such point will not affect the family's other rights under its lease, nor will such cessation preclude the resumption of payments as a result of later changes in income, rents, or other relevant circumstances if such changes occur within 180 days following the date of the last housing assistance payment by the PHA. After the 180 -day period, the unit shall be removed from the HAP contract pursuant to 24 CFR 983.211. pg. 306 387 Administrative Plan Indian River County Housing Services Division IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Security Deposits [24 CFR 983.259] The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. When the tenant moves out of a contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by the tenant under the lease. The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant. If the security deposit does not cover the amount owed by the tenant under the lease, the owner may seek to collect the balance from the tenant. The PHA has no liability or responsibility for payment of any amount owed by the family to the owner. 17-VII.C. MOVES Overcrowded, Under -Occupied, and Accessible Units [24 CFR 983.260] If the PHA determines that a family is occupying a wrong size unit, based on the PHAs subsidy standards, or a unit with accessibility features that the family does not require, and the unit is needed by a family that does require the features, they must promptly notify the family and the owner of this determination, and they must offer the family the opportunity to receive continued housing assistance in another unit. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. If the PHA offers the family a tenant -based voucher, they must terminate the housing assistance payments for a wrong -sized or accessible unit at the earlier of the expiration of the term of the family's voucher (including any extension granted) or the date upon which the family vacates the unit. If the family does not move out of the wrong -sized unit or accessible unit by the expiration of the term of the family's voucher, the PHA must remove the unit from the HAP contract. If the PHA offers the family another form of assistance that is not a tenant -based voucher, and the family does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by the PHA, or both, they must terminate the housing assistance payments for the unit at the expiration of a reasonable period as determined by the PHA and remove the unit from the HAP contract. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Family Right to Move [24 CFR 983.261] The family may terminate the lease at any time after the first year of occupancy. The family must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the pg. 307 388 Administrative Plan Indian River County Housing Services Division PHA. If the family wishes to move with continued tenant -based assistance, the family must contact the PHA to request the rental assistance prior to providing notice to terminate the lease. If the family terminates the lease in accordance with these requirements, the PHA is required to offer the family the opportunity for continued tenant -based assistance, in the form of a voucher or other comparable tenant -based rental assistance. If voucher or other comparable tenant -based assistance is not immediately available upon termination of the family's lease in the PBV unit, the PHA must give the family priority to receive the next available opportunity for continued tenant -based assistance. If the family terminates the assisted lease before the end of the first year, the family relinquishes the opportunity for continued tenant -based assistance. Emergency Transfers under VAWA [Notice PIH 2017-08] Except where special consideration is needed for the project -based voucher program, the PHA will follow VAWA policies as outlined in Chapter 16 Part IX of this administrative plan, including using the Emergency Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4). HUD requires that the PHA include policies that address when a victim has been living in a unit for less than a year or when a victim seeks to move sooner than a tenant -based voucher is available. RCH SD Polic Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262] As of April 17, 2018, the PHA may not pay housing assistance under a PBV HAP contract for more than the greater of 25 units or 25 percent of the number of dwelling units in a project unless: • The units are exclusively for elderly families • The units are for households eligible for supportive services available to all families receiving PBV assistance in the project If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five -Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/171. If a family at the time of initial tenancy is receiving and while the resident of an excepted unit has received Family Self -Sufficiency (FSS) supportive services or any other service as defined by the PHA and successfully completes the FSS contract of participation or the supportive services requirement, the unit continues to count as an excepted unit for as long as the family resides in the unit. However, if the FSS family fails to successfully complete the FSS contract of participation or supportive services objective and consequently is no longer eligible for the supportive services, the family must vacate the unit within a reasonable period of time established by the PHA, and the PHA shall cease paying HAP on behalf of the family. Further, when a family (or remaining members of a family) residing in an excepted unit no longer meets the criteria for a "qualifying family" because the family is no longer an elderly family due to a change in family composition, the PHA has the discretion to allow the family to remain in the excepted unit. If the PHA does not exercise this discretion, the family must vacate the unit within a reasonable period of time established by the PHA, and the PHA must cease paying housing assistance payments on behalf of the non -qualifying family. Individuals in units with supportive services who choose to no longer participate in a service or who no longer qualify for services they qualified for at the time of initial occupancy cannot subsequently be denied pg. 308 389 Administrative Plan Indian River County Housing Services Division continued housing opportunity because of this changed circumstance. A PHA or owner cannot determine whether a participant's needs exceed the level of care offered by qualifying services or require that individuals be transitioned to different projects based on service needs. If the family fails to vacate the unit within the established time, the unit must be removed from the HAP contract unless the project is partially assisted, and it is possible for the HAP contract to be amended to substitute a different unit in the building in accordance with program requirements; or the owner terminates the lease and evicts the family. The housing assistance payments for a family residing in an excepted unit that is not in compliance with its family obligations to comply with supportive services requirements must be terminated by the PHA. The PHA may allow a family that initially qualified for occupancy of an excepted unit based on elderly family status to continue to reside in a unit, where through circumstances beyond the control of the family (e.g., death of the elderly family member or long-term or permanent hospitalization or nursing care), the elderly family member no longer resides in the unit. In this case, the unit may continue to be counted as an excepted unit for as long as the family resides in that unit. Once the family vacates the unit, in order to continue as an excepted unit under the HAP contract, the unit must be made available to and occupied by a qualified family. ! CHSD Poha Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. PART VIII: DETERMINING RENT TO OWNER 17-VIII.A. OVERVIEW The amount of the initial rent to an owner of units receiving PBV assistance is established at the beginning of the HAP contract term. Although for rehabilitated or newly constructed housing, the agreement to enter into HAP Contract (Agreement) states the estimated amount of the initial rent to owner, the actual amount of the initial rent to owner is established at the beginning of the HAP contract term. During the term of the HAP contract, the rent to owner is redetermined at the owner's request in accordance with program requirements, and at such time that there is a five percent or greater decrease in the published FMR. 17-VIII.B. RENT LIMITS [24 CFR 983.301] Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the following amounts: • An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or any HUD -approved exception payment standard) for the unit bedroom size minus any utility allowance; • The reasonable rent; or • The rent requested by the owner. Certain Tax Credit Units [24 CFR 983.301(c)] For certain tax credit units, the rent limits are determined differently than for other PBV units. Different limits apply to contract units that meet all of the following criteria: • The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986; • The contract unit is not located in a qualified census tract; pg. 309 390 Administrative Plan Indian River County Housing Services Division • There are comparable tax credit units of the same bedroom size as the contract unit in the same project, and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and • The tax credit rent exceeds 110 percent of the fair market rent or any approved exception payment standard. For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of: • The tax credit rent minus any utility allowance; • The reasonable rent; or • The rent requested by the owner. Definitions A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD. Tax credit rent is the rent charged for comparable units of the same bedroom size in the project that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant - based voucher assistance). Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)] The PHA must determine reasonable rent in accordable with 24 CFR 983.303. The rent to owner for each contract unit may at no time exceed the reasonable rent, except in cases where the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner and, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent. However, the rent to owner must be reduced in the following cases: • To correct errors in calculations in accordable with HUD requirements • If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to 24 CFR 983.55 • If a decrease in rent to owner is required based on changes in the allocation of the responsibility for utilities between owner and tenant If the PHA has not elected within the HAP contract to establish the initial rent to owner as the rent floor, the rent to owner shall not at any time exceed the reasonable rent. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)] When determining the initial rent to owner, the PHA must use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, the PHA must use the most recently published FMR and the utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at any time during the 30 -day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30 -day period immediately before the redetermination date. pg. 310 391 Administrative Plan Indian River County Housing Services Division Any HUD -approved exception payment standard amount under the tenant -based voucher program also applies to the project -based voucher program. HUD will not approve a different exception payment stand amount for use in the PBV program. Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program. The same utility allowance schedule applies to both the tenant -based and project -based voucher programs. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)] While small area FMRs (SAFMRs) do not apply to PBV projects, PHAs that operate a tenant -based program under SAFMRs may apply SAFMRs to all future PBV HAP contracts. If the PHA adopts this policy, it must apply to all future PBV projects and the PHAs entire jurisdiction. The Agency and owner may not subsequently choose to revert back to using the FMRs once the SAFMRs have been adopted, even if the Agency subsequently changes its policy. Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was made on or before the effective date of PHA implementation, provided the owner is willing to mutually agree to doing so and the application is prospective. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be effective until the first anniversary of the HAP contract. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Redetermination of Rent [24 CFR 983.302] The PHA must re -determine the rent to owner upon the owner's request or when there is a 10 percent or greater decrease in the published FMR. Rent Increase If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the annual anniversary of the HAP contract (see Section 17-V.D.). The request must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in accordance with the rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g., adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs). iRCHSD C-" Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. The PHA may not approve, and the owner may not receive any increase of rent to owner until and unless the owner has complied with requirements of the HAP contract, including compliance with HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance. Rent Decrease If there is a decrease in the rent to owner, as established in accordance with program requirements such as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner must be decreased regardless of whether the owner requested a rent adjustment, except where the PHA pg. 311 392 Administrative Plan Indian River County Housing Services Division has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract. Notice of Rent Change The rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner specified in the HAP contract. The adjusted amount of rent to owner applies for the period of 12 calendar months from the annual anniversary of the HAP contract. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. PHA -Owned Units [24 CFR 983.301(g)] For PHA -owned PBV units, the initial rent to owner and the annual redetermination of rent at the anniversary of the HAP contract are determined by the independent entity approved by HUD. The PHA must use the rent to owner established by the independent entity. 17-VIII.C. REASONABLE RENT [24 CFR 983.303] At the time the initial rent is established and all times during the term of the HAP contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract. When Rent Reasonable Determinations Are Required The PHA must re -determine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur: • There is a 10 percent or greater decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR that was in effect one year before the contract anniversary date; • The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant; • The HAP contract is amended to substitute a different contract unit in the same building or project; or • There is no other change that may substantially affect the reasonable rent. How to Determine Reasonable Rent The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the amenities, housing services maintenance, and utilities to be provided by the owner. Comparability Analysis For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or projects that is receiving project -based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analysis may not have any direct or indirect interest in the property. pg. 312 393 Administrative Plan Indian River County Housing Services Division PHA -Owned Units For PHA -owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reasonable rent for PHA -owned units to the PHA and to the HUD field office where the project is located. Owner Certification of Reasonable Rent By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not more than rent charged by the owner for other comparable unassisted units on the premises. At any time, the PHA may require the owner to submit information on rents charged by the owner for other units in the premises or elsewhere. 17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to receive PBV assistance (see Section 17-II.D). Other Subsidy [24 CFR 983.304] To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee, a PHA shall reduce the rent to owner because of other governmental subsidies, including tax credits or tax exemptions, grants, or other subsidized funding. For units receiving assistance under the HOME program, rents may not exceed rent limits as required by that program. For units in any of the following types of federally subsidized projects, the rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program: • An insured or non-insured Section 236 project; • A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action; • A Section 221(d)(3) below market interest rate (BMIR) project; • A Section 515 project of the Rural Housing Service; • Any other type of federally subsidized project specified by HUD. Combining Subsidy Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements Rent Control [24 CFR 983.305] In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be subject to rent control or other limits under local, state, or federal law. PART IX: PAYMENTS TO OWNER 17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351] During the term of the HAP contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the HAP contract. During the term of the HAP contract, payments must be made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible family. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date. pg. 313 394 Administrative Plan Indian River County Housing Services Division Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit). The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance). In order to receive housing assistance payments, the owner must comply with all provisions of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the owner does not have a right to receive housing assistance payments. 17-IX.B. VACANCY PAYMENTS [24 CFR 983.352] If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner's fault. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner. The PHA may only make vacancy payments if: • The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner's knowledge); • The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed; • The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and • The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment. The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353] The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner. The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant. pg. 314 395 Administrative Plan Indian River County Housing Services Division Tenant and PHA Responsibilities The family is not responsible for the portion of rent to owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA. Likewise, the PHA is responsible only for making the housing assistance payment to the owner in accordance with the HAP contract. The PHA is not responsible for paying tenant rent, or any other claim by the owner, including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner. Utility Reimbursements If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of such excess to the tenant as a reimbursement for tenant -paid utilities, and the tenant rent to the owner must be zero. The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier. IRCHSD Policy Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354] Meals and Supportive Services With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy. In assisted living developments receiving PBV assistance, the owner may charge meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development. Other Charges by Owner The owner may not charge extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants on the premises. pg. 315 396 Administrative Plan Indian River County Housing Services Division EXHIBIT 17-1: PBV DEVELOPMENT INFORMATION Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. Date: Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher program. DEVELOPMENT INFORMATION Development Name: [Insert name of PBV development] Address: [Insert full address of PBV development] Owner Information: [Insert PBV development owner name and contact information. If development is PHA -owned, enter "PHA -owned."] Property Management Company: [Insert property management company name and contact information, or enter "None"] PHA -Owned: [Enter "Yes" or "No." If yes, enter name of independent entity] Mixed Finance Development: [Enter "Yes" or "No." If yes, list other types of funding and units to which other funding applies.] HAP CONTRACT Effective Date of Contract: [Enter start date of HAP contract] HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter "Pre-HOTMA." If HAP contract was signed on or after April 18, 2017, enter "Post-HOTMA."] Term of HAP Contract: [Enter term from HAP contract] Expiration Date of Contract: [Enter expiration date from HAP contract] PBV UNITS pg. 316 397 Administrative Plan Indian River County Housing Services Division Accessible Units and Features: [Identify which units are accessible and describe accessibility features or enter "None"] Target Population: [Describe targeted population in accordance with HAP contract or enter "None"] Excepted Units: [Identify excepted unit types below or enter "None"] Supportive Services: [Enter "Yes, see Exhibit D of HAP Contract" or enter "No"] Elderly Units: [Enter "Yes" or "No." If yes, identify which units are elderly units.] Disabled Units (only for HAP contracts executed prior to April 18, 2017) [Enter "Yes" or "No." If yes, identify which units are for persons with disabilities.] Are units excepted because they are located in a low -poverty census tract area?: [Enter ' Yes" or "No"] WAITING LIST AND SELECTION Waiting List Type: [ Enter "Site-based waiting list," "Combined with HCV," "Waiting list for entire PBV program," or "Merged with another assisted housing program"] Preferences: [Enter "Same as HCV; see Chapter 4" or describe preferences offered. If different from HCV, also note in Section 17.1.13 of this policy.] Preference Verification: [Enter "Same as HCV; see Chapter 4" or describe for each preference listed above. If different from HCV, note in Section 17.1.13 of this policy.] For the PBV program, is the income limit the same as the HCV program? (Note: In mixed finance developments, other income limits may also apply.) [Enter "Same as HCV; see Chapter 3" or clearly describe. If different from HCV, note in Section 17.1.13 of this policy.] OCCUPANCY Subsidy Standards: [Enter "Same as HCV; see Chapter 5" or describe. If different from HCV, note in Section 17.1.13 of this policy] Utilities: [Enter in accordance with HAP contract Exhibit Cl Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 1745. within this chapter] pg. 317 398 Administrative Plan Indian River County Housing Services Division Chapter 18: Emergency Housing Vouchers (EHVs) Introduction On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19. On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD's process for allocating approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in the program. PHAs may not project -base EHVs; EHVs are exclusively tenant -based assistance. All applicable nondiscrimination and equal opportunity requirements apply to the EHV program, including requirements that the PHA grant reasonable accommodations to persons with disabilities, effectively communicate with persons with disabilities, and ensure meaningful access for persons with limited English proficiency (LEP). This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined in this chapter are organized into seven sections, as follows: PART I: FUNDING PART II: PARTNERING AGENCIES PART III: WAITING LIST MANAGEMENT PART IV: FAMILY ELIGIBILITY PART V: HOUSING SEARCH AND LEASING ART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the PHA program apply to EHVs. 18-1 A. OVERVIEW The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH 2021-15. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other PHA programs or vouchers. The PHA must maintain separate financial records from its regular HCV funding for all EHV funding. Housing Assistance Payments (HAP) Funding ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee. The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the PHA for the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will be based on the PHA's actual EHV HAP costs in leasing, similar to the renewal process for the regular pg. 318 399 Administrative Plan Indian River County Housing Services Division HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are renewed separately from the regular HCV program. All renewal funding for the duration of the EHV program has been appropriated as part of the ARP funding. Administrative Fee and Funding The following four types of fees and funding are allocated as part of the EHV program: Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies: o $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended. o This fee may be used for any eligible administrative expenses related to EHVs. o The fee may also be used to pay for any eligible activities under EHV service fees (18-I. B). Placement fees/expedited issuance reporting fees will support initial lease -up costs and the added cost and effort required to expedite leasing of EHVs: o $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public Housing Information Center—Next Generation (PIC—NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. o Placement fees: • $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or • $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. • HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates. o Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers. • Ongoing administrative fees, which are calculated in the same way as the standard HCV program: o PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. o Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding. • Services fees, which are a one-time fee to support PHAs' efforts to implement and operate an effective EHV services program in its jurisdiction (18-I. B): o The fee is allocated once the PHA's CACC is amended to reflect EHV funding. o The amount allocated is $3,500 for each EHV allocated. 18-1 B. SERVICE FEES Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program. Service fees fall into four categories: • Housing search assistance pg. 319 400 Administrative Plan Indian River County Housing Services Division • Security deposit/utility deposit/rental application/holding fee uses • Owner -related uses • Other eligible uses such as moving expenses or tenant -readiness services The PHA must establish the eligible uses and the parameters and requirements for service fees in the PHA's administrative plan. IRCHSD Policy The eligible uses for service fees include: Housing search assistance, which may include activities such as, but not limited to, helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household's disability -related needs, providing transportation and directions, assisting with the completion of rental applications and PHA forms, and helping to expedite the EHV leasing process for the family. Application fees/non-refundable administrative or processing fees/refundable application deposit assistance. IRCHSD may choose to assist the family with some or all these expenses. Holding fees are fees an owner requests that are rolled into the security deposit after an application is accepted but before a lease is signed. IRCHSD may cover part or all of the holding fee for units where the fee is required by the owner after a tenant's application has been accepted but before the lease signing. IRCHSD and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months' rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. IRCHSD will pay the security deposit assistance directly to the owner. Utility deposit assistance/utility arrears. IRCHSD may provide utility deposit assistance for some or all of the family's utility deposit expenses. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. IRCHSD will pay the utility deposit assistance directly to the utility company. IRCHSD will require the utility supplier or family to return the utility deposit assistance to IRCHSD at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electricity, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant -supplied utilities. IRCHSD may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to IRCHSD will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD. Owner recruitment and outreach for EHVs. IRCHSD may use the service fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting pre -inspections or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments. Owner incentive and/or retention payments. IRCHSD may make incentive or retention payments to owners that agree to initially lease their unit to an EHV family and/or renew the lease of an EHV family. pg. 320 401 Administrative Plan Indian River County Housing Services Division Payments will be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). Owner incentive and retentions payments are not housing assistance payments, are not part of the rent to owner, and are not taken into consideration when determining whether the rent for the unit is reasonable. Moving expenses (including move -in fees and deposits). IRCHSD may provide assistance for some or all of the family's reasonable moving expenses when they initially lease a unit with the EHV. IRCHSD will not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., IRCHSD is terminating the HAP contract because the owner did not fulfill the owner responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or stalking. Tenant -readiness services. IRCHSD may use fees to help create a customized plan to address or mitigate barriers that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources (including COVID-related resources) that can assist with rental arrears. Essential household items. IRCHSD may use services fee funding to assist the family with some or all of the costs of acquiring essential household items such as tableware, cooking equipment, beds or bedding, and essential sanitary products such as soap and toiletries. Renter's insurance if required by the lease. IRCHSD may choose to assist the family with some or all of this cost. Any services fee assistance that is returned to the PHA after its initial or subsequent use may only be applied to the eligible services fee uses defined in Notice PIH 2021-15 (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the PHA's EHV program ends must be remitted to HUD. Part II: Partnering Agencies 18 -II A. CONTINUUM OF CARE (COC) PHAs that accept an allocation of EHVs are required to enter into a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs. IRCHSD Policy IRCHSD no longer issues new Emergency Housing Vouchers as of September 30, 2023. The original MOU with the CoC is retained on file for program records and audit purposes. 18 -II B. OTHER PARTNERING ORGANIZATIONS The PHA may, but is not required to, partner with other organizations trusted by persons experiencing homelessness, such as victim services providers (VSPs) and other community partners. If the PHA chooses to partner with such agencies, the PHA must either enter into an MOU with the partnering agency or the partnering agency may be added to the MOU between the PHA and CoC. ,R,C;HSD Po icy IRCHSD is not partnering with any additional partnering agencies at this time. pg. 321 402 Administrative Plan Indian River County Housing Services Division 18 -II C. REFERRALS The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of qualifying individuals and families to the PHA. The PHA must generally refer a family that is seeking EHV assistance directly from the PHA to the CoC or other referring agency for initial intake, assessment, and possible referral for EHV assistance. Partner CoCs are responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs. The CoC or other direct referral partner must provide supporting documentation to the PHA of the referring agency's verification that the family meets. Offers of Assistance with CoC Referral The PHA may make an EHV available without a referral from the CoC or other partnering organization in order to facilitate an emergency transfer under VAWA in accordance with the PHA's Emergency Transfer Plan (ETP) in Chapter 16. The PHA must also take direct referrals from outside the CoC if: • The CoC does not have a sufficient number of eligible families to refer to the PHA; or • The CoC does not identify families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC or other partner referral agencies (or the PHA and CoC cannot identify any such alternative referral partner agencies), HUD may permit the PHA on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances. Part III: Waiting List Management 18 -III A. HCV WAITING LIST The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies does not apply to PHAs operating the EHV program. Direct referrals are not added to the PHA's HCV waiting list. The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2021-15. IRCHSD Policy Per HUD guidance, IRCHSD will no longer reissue Emergency Housing Vouchers (EHVs) that are turned over, expired, or relinquished. This restriction became effective September 30, 2023, in accordance with HUD's Emergency Housing Voucher program guidelines. EHVs are a one-time allocation under the American Rescue Plan Act and are not subject to ongoing reissuance like regular Housing Choice Vouchers. IRCHSD will continue to administer active EHV assistance for current participants, including recertifications, portability, and required case management, until the funding is exhausted or the assistance ends for individual households. 18 -III B. EHV WAITING LIST The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the EHV program. Instead, when the number of applicants referred by the CoC or partnering agency exceeds the EHVs available, the PHA must maintain a separate waiting list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to pg. 322 403 Administrative Plan Indian River County Housing Services Division September 30, 2023. Further, the EHV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the HCV waiting list. The PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list. 18 -III C. PREFERENCES HCV Waiting List Preferences If local preferences are established by the PHA for HCV, they do not apply to EHVs. However, if the PHA has a homeless preference or a VAWA preference for the HCV waiting list, the PHA must adopt additional policies related to EHVs in accordance with Notice PIH 2021-15. IRCHSD Policy IRCHSD has a homeless preference for the HCV waiting list as outlined in Chapter 4-III.C, Local Preferences. IRCHSD does not offer a VAWA preference for the HCV waiting list. EHV Waiting List Preferences With the exception of a residency preference, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs. The PHA may, however, choose not to establish any local preferences for the EHV waiting list. IRCHSD Policy No local preferences have been established for the EHV waiting list. Part IV: Family Eligibility 18 -IV A. OVERVIEW The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PIH 2021-15 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below. 18 -IV B. REFERRING AGENCY DETERMINATION OF ELIGIBILITY In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria: • Homeless as defined in 24 CFR 578.3; • At risk of homelessness as defined in 24 CFR 578.3; • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or • Recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability as determined by the CoC or its designee in accordance with the definition in Notice PIH 2021-15. As applicable, the CoC or referring agency must provide documentation to the PHA of the referring agency's verification that the family meets one of the four eligible categories for EHV assistance. The PHA must retain this documentation as part of the family's file. pg. 323 404 Administrative Plan Indian River County Housing Services Division 18 -IV C. PHA SCREENING Overview HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV applicants. The mandatory and permissive prohibitions listed in Notice PIH 2021-15 and in this chapter, however, apply only when screening the individual or family for eligibility for an EHV. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court -awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so. Mandatory Denials Under alternative requirements for the EHV program, mandatory denials for EHV applicants include: • 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. • 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited EHV grounds for denial of admission first. IRCHSD Policy While IRCHSD will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, IRCHSD will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family. Permissive Denial Notice PIH 2021-15 lists permissive prohibitions for which the PHA may, but is not required to, deny admission to EHV families. The notice also lists prohibitions that, while allowable under the HCV program, may not be used to deny assistance for EHV families. If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC's recommendations into consideration. IRCHSD Policy IRCHSD will apply permissive prohibition to the screening of EHV applicants. Determinations using permissive prohibitions will be made based on an individualized assessment of relevant mitigating information in accordance with policies in Chapter 3-III.E. In determining whether to deny assistance because of a family member's action or failure to act, IRCHSD may consider all relevant circumstances such as the seriousness of the act or failure, the extent of participation or culpability of family members, mitigating circumstances related to the disability of a family member, and the effects of denial on other family members who were pg. 324 405 Administrative Plan Indian River County Housing Services Division not involved in the action or failure to act. Some circumstances by which IRCHSD may deny assistance include the following: • IRCHSD determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug-related criminal activity. • The family would otherwise be prohibited from admission under alcohol abuse standards established by IRCHSD in accordance with 24 CFR 982.553(a)(3); • If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program within the previous 12 months. • If the family engaged in or threatened abusive or violent behavior toward IRCHSD personnel within the previous 12 months. • IRCHSD will also deny assistance to household members already receiving assistance from another program in accordance with Section 9.h. of Notice PIH 2021-15. In compliance with PIH 2021-15, IRCHSD will not deny an EHV applicant admission regardless of whether: • Any member of the family has been evicted from federally assisted housing in the last five years; • A PHA has ever terminated assistance under the program for any member of the family; • The family currently owes rent or other amounts to IRCHSD or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act; • The family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease; • The family breached an agreement with IRCHSD to pay amounts owed to a PHA, or amounts paid to an owner by a PHA; 18 -IV D. INCOME VERIFICATON AT ADMISSION Self -Certification at Admission The requirement to obtain third -party verification of income in accordance with Notice PIH 2018-18 does not apply to the EHV program applicants at admission, and alternatively, PHAs may consider self - certification the highest form of income verification at admission. As such, PHA policies related to the verification of income in Chapter 7-I. B do not apply to EHV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination. Additionally, applicants may provide third -party documentation that represents the applicant's income within the 60 -day period prior to admission or voucher issuance but is not dated within 60 days of the PHA's request. IRCHSD Poiicy Any documents used for verification must be the original (not photocopies) and dated within the 60 -day period prior to admission. The documents must not be damaged, altered, or in any way illegible. Printouts from webpages are considered original documents. IRCHSD may waive third -party income verification requirements and may instead consider self - certification at admission. Applicants must submit an affidavit attesting to reported income, assets, expenses and other factors which would affect an income eligibility determination. pg. 325 406 Administrative Plan Indian River County Housing Services Division IRCHSD will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with Chapter 14. IRCHSD will address any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later. IRCHSD may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, IRCHSD will terminate the family's assistance in accordance with the policies in Chapter 12. Recently Conducted Income Determinations PHAs may accept income calculations and verifications from third -party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as: • The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and • The family certifies there has been no change in income or family composition in the interim. IRCHSD Policy IRCHSD may accept income calculations and verifications from third -party providers provided they meet the criteria outlined above. The family certification must be made in a format acceptable to IRCHSD and must be signed by all adult family members whose information or status is being verified. At the time of the family's annual reexamination the PHA must conduct the annual reexamination of income as outlined at 24 CFR 982.516 and PHA policies in Chapter 11. EIV Income Validation Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must: Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family -reported income within 90 days of the PIC submission date; Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. Prior to admission, PHAs must continue to use HUD's EIV system to search for all household members using the Existing Tenant Search in accordance with Notice PIH 2018-18. If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program in accordance with Chapter 12. 18 -IV E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION For the EHV program, the PHA is not required to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the EHV program. Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good - faith effort to obtain the documentation. pg. 326 407 Administrative Plan Indian River County Housing Services Division If a PHA determines that an ineligible family receive assistance, the PHA must take steps to terminate that family from the program. IRCHSD Policy IRCHSD will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. IRCHSD may provide additional extensions based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. If IRCHSD determines that an ineligible family receive assistance, IRCHSD will take steps to terminate that family from the program in accordance with policies in Chapter 12. 18 -IV F. AGE AND DISABILITY VERIFICATION PHAs may accept self -certification of date of birth and disability status if a higher level of verification is not immediately available. If self -certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV. If a PHA determines that an ineligible family receive assistance, the PHA must take steps to terminate that family from the program. IRCHSD Polio IRCHSD will accept self -certification of date of birth and disability status if a higher form of verification is not immediately available. The certification must be made in a format acceptable to IRCHSD and must be signed by the family member whose information or status is being verified. If self -certification is accepted, within 90 days of admission, IRCHSD will verify the information in EIV or through other third -party verification if the information is not available in EIV. IRCHSD will note the family's file that self -certification was used as initial verification and include an EIV printout or other third -party verification confirming the applicant's date of birth and/or disability status. If IRCHSD determines that an ineligible family receive assistance, IRCHSD will take steps to terminate that family from the program in accordance with policies in Chapter 12. 18 -IV G. INCOME TARGETING The PHA must determine income eligibility for EHV families in accordance with 24 CFR 982.201 and PHA policy in Chapter 4; however, income targeting requirements do not apply for EHV families. The PHA may still choose to include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. IRCHSD will not include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. Fart V: Housing Search and Leasing 18-V A. INITIAL VOUCHER TERM Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Chapter 5 -II. E will apply. pg. 327 408 Administrative Plan Indian River County Housing Services Division IRCHSD Policy All EHVs will have an initial term of 120 calendar days. The family must submit a Request for Tenancy Approval and proposed lease within the 120 -day period unless IRCHSD grants an extension. 18-V B. HOUSING SEARCH ASSISTANCE The PHA must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the PHA or through the CoC or another partnering agency or entity. At a minimum, housing search assistance must: • Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods; • Provide transportation assistance and directions to potential units; • Conduct owner outreach; • Assist with the completion of rental applications and PHA forms; and • Help expedite the EHV leasing process for the family. IRCHSD Policy The following housing search assistance will be provided to each EHV family: IRCHSD will: • Provide assistance in locating and applying to affordable rental units • Share available rental listings with EHV participants • Provide unit referrals and landlord introductions • Provide financial assistance (including moving cost assistance and security deposit assistance) to EHV participants to lease with a voucher • Expedite the EHV leasing process for the family to the extent practicable and in accordance with policies in this chapter • At least every 30 days, conduct proactive check -ins via email and telephone with families who are searching with an EHV and remind them of their voucher expiration date. 18-V C. NSPIRE PRE -INSPECTIONS To expedite the leasing process, PHAs may pre -inspect available units that EHV families may be interested in leasing in order to maintain a pool of eligible units. IRCHSD Policy To expedite the leasing process, IRCHSD may pre -inspect available units that EHV families may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that passed a NSPIRE pre -inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The family will be free to select their unit. When a pre -inspected unit is not selected, IRCHSD will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for any required re - inspections. pg. 328 409 Administrative Plan Indian River County Housing Services Division 18-V D. INITIAL LEASE TERM Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Chapter 9-I.E. 18-V E. PORTABILITY The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs Exceptions are addressed below. Nonresident Applicants Under EHV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Chapter 10-11.13. Initial Year of Occupancy Under EHV, applicant families will be permitted to move out of IRCHSD's jurisdiction upon the initial issuance of their voucher, regardless of the policy in Chapter 10. Billing and Absorption A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA administers EHVs under its own ACC. • If the EHV family moves under portability to another PHA that administers EHVs under its own ACC: o The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has an EHV voucher available to do so). o If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with EHV assistance and may not absorb the family with a regular HCV when the family leases the unit. o Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family's EHV assistance, the EHV administration of the voucher is in accordance with the receiving PHA's EHV policies. • If the EHV family moves under portability to another PHA that does not administer EHV under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA. Family Briefing In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability works and how portability may affect the family's assistance, the initial PHA must inform the family how portability may impact the special EHV services and assistance that may be available to the family. The initial PHA is required to help facilitate the family's portability move to the receiving PHA and inform the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). IRCHSD Policy In addition to following IRCHSD policy on briefings in Chapter 5, as part of the briefing packet for EHV families, IRCHSD will include a written notice that IRCHSD will assist the family with moves under portability. For limited English proficient (LEP) applicants, IRCHSD will provide interpretation services in accordance with IRCHSD's LEP plan (See Chapter 2). pg. 329 410 Administrative Plan Indian River County Housing Services Division Coordination of Services If the portability move is in connection with the EHV family's initial lease -up, the receiving PHA and the initial PHA must consult and coordinate on the EHV services and assistance that will be made available to the family. IRCHSD Policy For EHV families who are exercising portability, when IRCHSD contacts the receiving PHA, IRCHSD will consult and coordinate with the receiving PHA to ensure there is no duplication of EHV services and assistance and ensure the receiving PHA is aware of the maximum amount of services fee funding that the IRCHSD may provide to the receiving PHA on behalf of the family. Service Fee Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV families. For service fees funding, the amount of the service fee provided by the initial PHA may not exceed the lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or $1,750, unless the initial PHA and receiving PHA mutually agree to change the $1,750 cap. Service fees are paid as follows: If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible services or assistance to the incoming EHV family, the receiving PHA may be compensated for those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs. If the receiving PHA administers EHVs, the receiving PHA may use its own services fee and may be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the receiving PHA for those fees and assistance. If the receiving PHA does not administer EHVs, the initial PHA must provide the services funding upfront to the receiving PHA. Any amounts provided to the receiving PHA that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA to the initial PHA. Placement Fee/Issuance Reporting Fee If the portability lease -up qualifies for the placement fee/issuance reporting fee, the receiving PHA receives the full amount of the placement component of the placement fee/issuing reporting fee. The receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease -up. The initial PHA qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable. 18-V F. PAYMENT STANDARDS Payment Standard Schedule For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate EHV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below. Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided other regulatory waivers: • Defining the "basic range" for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent). • Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area pg. 330 411 Administrative Plan Indian River County Housing Services Division above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. o The PHA must notify HUD if it establishes an EHV exception payment standard based on the SAFMR. IRCHSD Policy IRCHSD will not establish a higher payment standard amount for EHVs. IRCHSD will use the same payment standards for other tenant -based vouchers. Rent Reasonableness All rent reasonableness requirements apply to EHV units, regardless of whether the PHA has established an alternative or exception EHV payment standard. Increases in Payment Standards The requirement that the PHA apply increased payment standards at the family's first regular recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family's first regular reexamination following the change. IRCHSD Policy IRCHSD will not establish an alternative policy for increases in the payment standard. IRCHSD policy in Chapter 11-111.13 governing increases in payment standards will apply to EHV. 18-V G. TERMINATION OF VOUCHERS After September 30, 2023, a PHA may not reissue EHVs when assistance for an EHV-assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family unless it does so no later than September 30, 2023. If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after September 30, 2023, the EHV may not be reissued to another family. All EHVs under lease on or after October 1, 2023, may not be under any circumstances reissued to another family when the participant leaves the program for any reason. An EHV that has never been issued to a family may be initially issued and leased after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to cover the HAP needs of currently assisted EHV families. Part Vl: Use of Funds, Reporting, and Financial Records EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must not be used for HAP. pg. 331 412 Administrative Plan Indian River County Housing Services Division The appropriated funds for EHVs are separate from the regular HCV program and may not be used for the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by Notice PIH 2021-15 may only be used in support of the EHVs and cannot be used for regular HCVs. EHV funding may not be used for the repayment of debts or any amounts owed to HUD -by -HUD program participants including, but not limited to, those resulting from Office of Inspector General (OIG), Quality Assurance Division (QAD), or other monitoring review findings. The PHA must comply with EHV reporting requirements in the Voucher Management System (VMS) and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15. The PHA must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24 CFR 982.158. pg. 332 413 GLOSSARY A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM AAF Annual adjustment factor (published by HUD in the Federal Register and used to compute annual rent adjustments) ACC Annual contributions contract ADA Americans with Disabilities Act of 1990 AIDS Acquired immune deficiency syndrome BR Bedroom CDBG Community Development Block Grant (Program) CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as "the regulations") CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator) EID Earned income disallowance EIV Enterprise Income Verification FDIC Federal Deposit Insurance Corporation FHA Federal Housing Administration (HUD Office of Housing) FHEO Fair Housing and Equal Opportunity (HUD Office of) FICA Federal Insurance Contributions Act (established Social Security taxes) FMR Fair market rent FR Federal Register FSS Family Self -Sufficiency (Program) FY Fiscal year FYE Fiscal year end GAO Government Accountability Office GR Gross rent HA Housing authority or housing agency HAP Housing assistance payment HCV Housing choice voucher HQS Housing quality standards HUD Department of Housing and Urban Development HUDCLIPS HUD Client Information and Policy System GL -1 414 IPA Independent public accountant IRA Individual retirement account IRS Internal Revenue Service DTPA Job Training Partnership Act LBP Led -based paint LEP Limited English proficiency MSA Metropolitan statistical area (established by the U.S. Census Bureau) MTCS Multi -family Tenant Characteristics System (now the Form HUD -50058 submodule of the PIC system) MTW Moving to Work NOFA Notice of funding availability OGC HUD's Office of General Counsel OIG HUD's Office of Inspector General OMB Office of Management and Budget PASS Plan to Achieve Self -Support PHA Public housing agency PIC PIH Information Center PIH (HUD Office of) Public and Indian Housing PS Payment standard QC Quality control REAC (HUD) Real Estate Assessment Center RFP Request for proposals RFTA Request for tenancy approval RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level) SEMAP Section 8 Management Assessment Program SRO Single room occupancy SSA Social Security Administration SSI Supplemental security income SWICA State wage information collection agency GL -2 415 TANF Temporary assistance for needy families TPV Tenant protection vouchers TR Tenant rent TTP Total tenant payment UA Utility allowance UFAS Uniform Federal Accessibility Standards UIV Upfront income verification URP Utility reimbursement payment VAWA Violence Against Women Reauthorization Act of 2013 GL -3 416 B. GLOSSARY OF SUBSIDIZED HOUSING TERMS Abatement. Stopping HAP payments to an owner with no potential for retroactive payment. Absorption. In portability (under subpart H of this part 982): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC. Accessible. The facility or portion of the facility can be approached, entered, and used by persons with disabilities. Adjusted income. Annual income, less allowable HUD deductions and allowances. Administrative fee. Fee paid by HUD to the PHA for administration of the program. See §982.152. Administrative plan. The plan that describes PHA policies for administration of the tenant -based programs. The Administrative Plan and any revisions must be approved by the PHA's board and included as a supporting document to the PHA Plan. See §982.54. Admission. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in a tenant -based program. Affiliated individual, With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual Amortization payment. In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home. Annual, Happening once a year. Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program. Annual income. All amounts not specifically excluded in 24 CFR 5.609(b), received from all sources by each member of the family who is 18 years of age or older or is the head of household, spouse or cohead, plus unearned income by or on behalf of each dependent who is under 18 years of age. Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program. Area exception rent. An amount that exceeds the published FMR. See 24 CFR 982.504(b). As paid states. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs. Assets. (See netfamily assets.) Authorized voucher units. The number of units for which a PHA is authorized to make assistance payments to owners under its annual contributions contract. GL -4 417 Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving federal financial assistance. Biennial. Happening every two years. Bifurcate. With respect to a public housing or Section Blease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members' lease and occupancy rights are allowed to remain intact. Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment. Building. A structure with a roof and walls that contains one or more dwelling units. Child A member of the family other than the family head or spouse who is under 18 years of age. Childcare expenses. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of childcare necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income. Citizen. A citizen or national of the United States. Cohead An individual in the household who is equally responsible for the lease with the head of household. A family may have a cohead or spouse but not both. A cohead never qualifies as a dependent. The cohead must have legal capacity to enter into a lease. Common space. In shared housing, the space available for use by the assisted family and other occupants of the unit. Computer match. The automated comparison of databases containing records about individuals. Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA. Consent form. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self- employment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits. Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see 24 CFR 982.606-609. Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located. GL -5 418 Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program. Contract authority. The maximum annual payment by HUD to a PHA for a funding increment. Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type (see 24 CFR 982.619). Covered families. Statutory term for families who are required to participate in a welfare agency economic self-sufficiency program and who may be subject to a welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance under a program for which federal, state or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for the assistance. Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: - The length of the relationship - The type of relationship - The frequency of interaction between the persons involved in the relationship Day laborer. An individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future. De minimis error. An error that results in a difference in the determination of a family's adjusted income of $30 or less per month. Dependent. A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Dependent child. In the context of the student eligibility restrictions, a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent as specified above. Disability assistance expenses. Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member, and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. Disabled family. A family whose head, cohead, spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides. Disabled person. See person with disabilities. Disallowance. Exclusion from annual income. Displaced family. A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or GL -6 419 destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws. Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. Domicile. The legal residence of the household head or spouse as determined in accordance with state and local law. Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug. Earned income. Income or earnings from wages, tips, salaries, other employee compensation, and net income from self-employment. Earned income does not include any pension or annuity, transfer payments (meaning payments made or income received in which no goods or services are being paid for, such as welfare, social security, and governmental subsidies for certain benefits), or any cash or in-kind benefits. Economic self-sufficiency program. Any program designed to encourage, assist, train or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c). Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides. Elderly person. An individual who is at least 62 years of age. Eligible family A family that is income eligible and meets the other requirements of the 1937 Act and Part 5 of 24 CFR. See also family. Employer identification number (EIN). The nine -digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation. Evidence of citizenship or eligible status. The documents which must be submitted as evidence of citizenship or eligible immigration status. See 24 CFR 5.508(b). Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher. Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. See 24 CFR 5.603. Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock, or other real or personal property or interest in the property. GL -7 420 Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe, and sanitary rental housing of modest (non -luxury) nature with suitable amenities. In the HCV program, the FMR may be established at the ZIP code level (see definition of Small Area Fair Market Rents), metropolitan area level, or non -metropolitan county level. Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy. Family includes a single person, who may be: - An elderly person, displaced person, disabled person, near -elderly person, or any other single person. - An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or Family also includes a group of persons residing together, and such group includes, but is not limited to: - A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); - An elderly family - A near -elderly family - A disabled family - A displaced family; and - The remaining member of a tenant family. Family rent to owner. In the voucher program, the portion of rent to owner paid by the family. Family self-sufficiency program (FSS program). The program established by a PHA in accordance with 24 CFR part 984 to promote self-sufficiency of assisted families, including the coordination of supportive services (42 U.S.C. 1437u). Family share. The portion of rent and utilities paid by the family. For calculation of family share, see 24 CFR 982.515(a). Family unit size. The appropriate number of bedrooms for a family, as determined by the PHA under the PHA subsidy standards. Federal agency. A department of the executive branch of the federal government. Foster adult. A member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition GL -8 421 and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. Foster child A member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction. Foster childcare payment. A payment to eligible households by state, local, or private agencies appointed by the state to administer payments for the care of foster children. Full-time student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). See 24 CFR 5.603. Funding increment. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program. Gender identity. Actual or perceived gender -related characteristics. Gross rent. The sum of the rent to owner plus any utility allowance. Group home. A dwelling unit that is licensed by a state as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). (A special housing type: see 24 CFR 982.610-614.) Handicap. Any condition or characteristic that renders a person an individual with handicaps. (See person with disabilities.) HAP contract. The housing assistance payments contract. A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family. Head of household. The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Household A household includes additional people other than the family who, with the PHA's permission, live in an assisted unit, such as live-in aides, foster children, and foster adults. Housing assistance payment. The monthly assistance payment by a PHA, which includes: (1) A payment to the owner for rent to the owner under the family's lease; and (2) An additional payment to the family if the total assistance payment exceeds the rent to owner. Housing agency (HA). See public housing agency. Housing quality standards (HQS). The minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA under 24 CFR 5.705(a)(3). HUD. The U.S. Department of Housing and Urban Development. Imputed asset. An asset disposed of for less than fair market value during the two years preceding examination or reexamination. Imputed asset income. The PHA -established passbook rate multiplied by the total cash value of assets. The calculation is used when net family assets exceed $5,000. GL -9 422 Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction but is included in the family's annual income and therefore reflected in the family's rental contribution. Income. Income from all sources of each member of the household, as determined in accordance with criteria established by HUD. Income for eligibility. Annual income. Independent contractor. An individual who qualifies as an independent contractor instead of an employee in accordance with the Internal Revenue Code Federal income tax requirements and whose earnings are consequently subject to the Self -Employment Tax. In general, an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. Independent entity. The unit of general local government; however, if the PHA itself is the unit of general local government or an agency of such government, then only the next level of general local government (or an agency of such government) or higher may serve as the independent entity; or a HUD -approved entity that is autonomous and recognized under state law as a separate legal entity from the PHA. The entity must not be connected financially (except regarding compensation for services performed for PHA -owned units) or in any other manner that could result in the PHA improperly influencing the entity. Individuals with handicaps. See person with disabilities. Inflationary index. An index based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) used to make annual adjustments to the deduction for elderly disabled families, the cap for imputing returns on assets, the restriction on net family assets, the amount of net assets the PHA may determine based on self -certification by the family, and the dependent deduction. Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA. Initial payment standard The payment standard at the beginning of the HAP contract term. Initial rent to owner. The rent to owner at the beginning of the HAP contract term. Institution of higher education. An institution of higher education as defined in 20 U.S.C. 1001 and 1002. See Exhibit 3-2 in this Administrative Plan. Jurisdiction. The area in which the PHA has authority under state and local law to administer the program. Landlord. Either the owner of the property or his/her representative, or the managing agent or his/her representative, as shall be designated by the owner. Lease. A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the PHA. GL -10 423 Live-in aide. A person who resides with one or more elderly persons, or near -elderly persons, or persons with disabilities, and who: - Is determined to be essential to the care and well-being of the persons. - Is not obligated for the support of the persons; and - Would not be living in the unit except to provide the necessary supportive services. Living/sleeping room. A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. A bedroom or living/sleeping room must have at least one window and two electrical outlets in proper operating condition. See HCV GB p. 10-6 and 24 CFR 982.401. Local preference. A preference used by the PHA to select among applicant families. Low-income family. A family whose income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller or larger families, except that HUD may establish income limits higher or lower than 80 percent for areas with unusually high or low incomes. Manufactured home. A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence and meets the HQS. (A special housing type: see 24 CFR 982.620 and 982.621.) Manufactured home space. In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space. See 24 CFR 982.622 to 982.624. Medical expenses. Medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance (a deduction for elderly or disabled families only). These allowances are given when calculating adjusted income for medical expenses in excess of 3 percent of annual income. Minor. A member of the family household other than the family head or spouse, who is under 18 years of age. Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. Monthly adjusted income. One twelfth of adjusted income. Monthly income. One twelfth of annual income. Mutual housing. Included in the definition of cooperative. National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. Near -elderly family. A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides. Net family assets. The net cash value of all assets owned by the family, after deducting reasonable costs that would be incurred in disposing real property, savings, stocks, bonds, and other forms of capital investment. In determining net family assets, PHAs or owners, as GL -11 424 applicable, must include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefor. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives consideration not measurable in dollar terms. Negative equity in real property or other investments does not prohibit the owner from selling the property or other investments, so negative equity alone would not justify excluding the property or other investments from family assets. Noncitizen. A person who is neither a citizen nor national of the United States. Notice of funding availability (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding. This document explains how to apply for assistance and the criteria for awarding the funding. Office of General Counsel (OGC). The General Counsel of HUD. Outside. Under NSPIRE, outside of HUD housing (or "outside areas") refers to the building site, building exterior components, and any building systems located outside of the building or unit. Examples of "outside" components may include fencing, retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm drainage, non -dwelling buildings, and walkways. Components found on the exterior of the building are also considered outside areas, and examples may include doors, attached porches, attached patios, balconies, car ports, fire escapes, foundations, lighting, roofs, walls, and windows. Overcrowded A unit that does not meet the following HQS space standards: (1) Provide adequate space and security for the family; and (2) Have at least one bedroom or living/sleeping room for each two persons. Owner. Any person or entity with the legal right to lease or sublease a unit to a participant. PHA -owned unit. A dwelling unit in a project that is: (A) Owned by the PHA (including having a controlling interest in the entity that owns the project); (B) Owned by an entity wholly controlled by the PHA; or (C) Owned by a limited liability company or limited partnership in which the PHA (or an entity wholly controlled by the PHA) holds a controlling interest in the managing member or general partner. A controlling interest is: (A) Holding more than 50 percent of the stock of any corporation; (B) Having the power to appoint more than 50 percent of the members of the board of directors of a non -stock corporation (such as a nonprofit corporation); (C) Where more than 50 percent of the members of the board of directors of any corporation also serve as directors, officers, or employees of the PHA; (D) Holding more than 50 percent of all managing member interests in an LLC; (E) Holding more than 50 percent of all general partner interests in a partnership; or (F) Equivalent levels of control in other ownership structures. PHA Plan. The annual plan and the 5 -year plan as adopted by the PHA and approved by HUD. PHA's quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3. GL -12 425 Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term). Payment standard The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family). Person with disabilities. For the purposes of program eligibility. A person who has a disability as defined under the Social Security Act or Developmental Disabilities Care Act, or a person who has a physical or mental impairment expected to be of long and indefinite duration and whose ability to live independently is substantially impeded by that impairment but could be improved by more suitable housing conditions. This includes persons with AIDS or conditions arising from AIDS but excludes persons whose disability is based solely on drug or alcohol dependence. For the purposes of reasonable accommodation. A person with a physical or mental impairment that substantially limits one or more major life activities, a person regarded as having such an impairment, or a person with a record of such an impairment. Portability. Renting a dwelling unit with a Section 8 housing choice voucher outside the jurisdiction of the initial PHA. Premises. The building or complex in which the dwelling unit is located, including common areas and grounds. Previously unemployed. With regard to the earned income disallowance, a person with disabilities who has earned, in the 12 months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Private space. In shared housing, the portion of a contract unit that is for the exclusive use of an assisted family. Processing entity. The person or entity that, under any of the programs covered, is responsible for making eligibility and related determinations and any income reexamination. In the HCV program, the "processing entity" is the "responsible entity." Project owner. The person or entity that owns the housing project containing the assisted dwelling unit. Public assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments. Public housing agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act. Qualified family (under the earned income disallowance). A family participating in an applicable assisted housing program or receiving HCV assistance: - Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. GL -13 426 - Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self-sufficiency or other job training program; or Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare -to -Work (WTW) programs. The TANF program is not limited to monthly income maintenance but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance -- provided that the total amount over a six-month period is at least $500. Qualified census tract. With regard to certain tax credit units, any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent, and where the census tract is designated as a qualified census tract by HUD. Real property. Real property has the same meaning as that provided under the law of the state in which the property is located. Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises. Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or service to allow a person with disabilities to fully access the PHA's programs or services. Receiving PHA. In portability: A PHA that receives a family selected for participation in the tenant -based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family. Recertification. Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported. Remaining member of the tenant family. The person left in assisted housing who may or may not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, leaving widow aged 47 who is not disabled). Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance, and utilities that the owner is required to provide and pay for. Request for Tenancy Approval (RTA). A form (Form HUD -52517) submitted by or on behalf of a family to a PHA once the family has identified a unit that it wishes to rent using tenant - based voucher assistance. Residency preference A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (See residency preference area). GL -14 427 Residency preference area. The specified area where families must reside to qualify for a residency preference. Responsible entity. For the public housing and the Section 8 tenant -based assistance, project - based voucher assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner. Secretary. The Secretary of Housing and Urban Development. Section 8. Section 8 of the United States Housing Act of 1937. Section 8 covered programs. All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under Section 202 of the Housing Act of 1959. Section 8 Management Assessment Program (SEMAP). A system used by HUD to measure PHA performance in key Section 8 program areas. See 24 CFR Part 985. Section 214. Section 214 of the Housing and Community Development Act of 1980, as amended. Section 214 covered programs. The collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR 5.500. Security deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease. Seasonal worker. An individual who is hired into a short-term position and the employment begins about the same time each year (such as summer or winter). Typically, the individual is hired to address seasonal demands that arise for the particular employer or industry. Set-up charges. In a manufactured home space rental, charges payable by the family for assembling, skirting, and anchoring the manufactured home. Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a)). Sexual orientation. Homosexuality, heterosexuality or bisexuality. Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. (A special housing type: see 24 CFR 982.615-982.618.) Single person. A person living alone or intending to live alone. Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. (A special housing type: see 24 CFR 982.602-982.605.) Small Area Fair Market Rents (SAFMRs). FMRs established for ZIP code areas. Small rural public housing agency (PHA). Section 38 defines the term "small public housing agency" as a public housing agency "for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(0) administered by the agency is 550 or fewer" and "that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations." After GL -15 428 consideration of the public comments discussed above, HUD is interpreting "predominantly operates in a rural area" to mean a small PHA that: (1) Has a primary administrative building with a physical address in a rural area as described in 12 CFR 1026.35(b)(2)(iv)(A); or (2) more than 50 percent of its combined public housing units and voucher units under section 8(0) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also clarifies that voucher units under section 8(0) include those in the tenant -based Housing Choice Voucher (HCV) program and the Project -Based Voucher (PBV) program. Social security number (SSN). The nine -digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person's earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary. Special admission. Admission of an applicant that is not on the PHA waiting list or without considering the applicant's waiting list position. Special housing types. See subpart M of part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental). Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program. Spouse•. The marriage partner of the head of household. Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person. State wage information collection agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information. Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions. Suspension. The term on the family's voucher stops from the date the family submits a request for PHA approval of the tenancy, until the date the PHA notifies the family in writing whether the request has been approved or denied. This practice is also called tolling. Tax credit rent. With regard to certain tax credit units, the rent charged for comparable units of the same bedroom size in the building that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant -based voucher assistance). GL -16 429 Tenancy addendum. For the housing choice voucher program, the lease language required by HUD in the lease between the tenant and the owner. Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit. Tenant paid utilities. Utilities and services that are not included in the rent to owner and are the responsibility of the assisted family, regardless of whether the payment goes to the utility company or the owner. The utilities and services are those necessary in the locality to provide housing that complies with HQS. The utilities and services may also include those required by HUD through a Federal Register notice after providing opportunity for public comment. Tenant rent to owner. See family rent to owner. Term of lease. The amount of time a tenant agrees in writing to live in a dwelling unit. Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities. Unearned income. Any annual income, as calculated under 24 CFR 5.609, that is not earned income. Unit. Under NSPIRE, a unit (or "dwelling unit") of HUD housing refers to the interior components of an individual unit. Examples of components included in the interior of a unit may include the balcony, bathroom, call -for -aid (if applicable), carbon monoxide devices, ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater, and windows. Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included. Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy -conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment. Utility reimbursement. In the voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner. Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines. Very low-income family. A low-income family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program. Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable. GL -17 430 Violence Against Women Reauthorization Act (VA WA) of 2013. Prohibits denying admission to the program to an otherwise qualified applicant or terminating assistance on the basis that the applicant or program participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another. Voucher (housing choice voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program. Voucher holder. A family holding a voucher with an unexpired term (search time). Voucher program. The housing choice voucher program. Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available. Waiting list admission. An admission from the PHA waiting list. Welfare assistance. Income assistance from federal or state welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, childcare or other services for working families. For the FSS program (24 CFR 984.103), welfare assistance includes only cash maintenance payments designed to meet a family's ongoing basic needs. Does not include nonrecurring short term benefits designed to address individual crisis situations, work subsidies, supportive services such as childcare and transportation provided to families who are employed, refundable earned income tax credits, contributions to and distributions from Individual Development Accounts under TANF, services such as counseling, case management, peer support, childcare information and referral, financial empowerment, transitional services, job retention, job advancement, and other employment- related services that to not provide basic income support, amounts solely directed to meeting housing expenses, amounts for health care, Supplemental Nutrition Assistance Program (SNAP) and emergency rental and utilities assistance, SSI, SSDI, or social security, and child -only or non -needy TANF grants made to or on behalf of a dependent child solely on the basis of the child's need and not the need of the child's current non -parental caretaker. Withholding. Stopping HAP payments to an owner while holding them for potential retroactive disbursement. GL -18 431 RESOLUTION 2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE INDIAN RIVER COUNTY HOUSING CHOICE VOUCHER PROGRAM FIVE YEAR PLAN, CERTIFICATIONS, AND ADMINISTRATIVE PLAN WITH THE NECESSARY ATTACHMENTS. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires a Five Year Plan and Administrative Plan; and WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 created the agency Five Year Plan requirements; and WHEREAS, the Indian River County Board of County Commissioners Housing Services Division Housing Choice Voucher (HCV) Program Five Year Plan will include attachments and supporting documents, such as, HCV Administrative Plan and required certifications; and WHEREAS, all public comments have been taken into consideration and the Indian River County Board of County Commissioners Housing Services Division has documented, prepared and submitted all necessary changes, as appropriate; and WHEREAS, the Indian River County Board of County Commissioners Housing Services Division Five Year Plan for fiscal year 2026 through 2030, Administrative Plan with necessary attachments, and certification documents will take effect October 1, 2025; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners accepts, approves and adopts the IRC HCV Program Five Year Plan, Administrative Plan, Certifications, and necessary attachments hereto, effective October 1, 2025, and used by staff to appropriately administer the Housing Choice Voucher Program. 432 RESOLUTION 2025 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 21St day of October 2025 nunc pro tunc to October 1, 2025. 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: Susan, Prado Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman 433 Status: Created 5 -Year PHA Plan U.S. Department of Housing and Urban Development OMB No. 2577-0226 (for AH PHAs) Office of Public and Indian Housing Expires 03/31/2024 Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, ms progra, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals, and objectives for serving the needs of low-income, very low-income, and extremely low-income families. Applicability. The Form HUD-50075-SY is to be completed once every 5 PHA fiscal years by all PHAs. A. PHA Information. PHA Name: INDIAN RIVER CO BD OF CO COMM PHA Code: FL132 PHA Plan for Fiscal Year Beginning: (NffvVYYYY): 10/2025 The Five -Year Period of the Plan (i.e., 2019-2023): 2025-2029 Plan Submission Type 12 5 -Year Plan Submission O Revised 5 -Year Plan Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. How the public can access this PHA Plan: Indian River County Board of Commissioners HCV Program Five -Year Plan, Annual Plan, HCV Administrative Policy and all other elements are available for review by the public at the address listed below between the days and hours of Tuesday, Wednesday and Thursday from 8:30 am till 4:00 pm. A.1 PHA Consortia: Check box if submitting a Joint PHA Plan and complete table below. Participating PHAs PHA Program(s) in the Program(s) not in the No. of Units in Each Program PH HCV Code Consortia Consortia B. Plan Elements. Required for all PHAs completing this form. Mission. State the PHA's mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA's jurisdiction for the next five years. Indian River County Board of County Commissioners Housing Services Division — Section 8 Program is committed to operating and partnering with private owners B.1 and property managers in an efficient, professional and ethical manner which will create a team effort to provide decent, safe, sanitary and affordable housing for the clients that we serve in this community and enhancing the housing stock for under privileged and low income, including senior housing; • To assist and prepare low to moderate residents in making a transition to greater financial security. • To provide our clientele with empathy, dignity and responsive customer service. • By providing the highest quality customer service, integrity is never compromised. Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low-income, and extremely low- income families for the next five years. 1. Expand the supply of assisted housing by: • Applying for additional vouchers, including VASH, as they become available from HUD or any other state -funded B.2 program. • Conducting outreach efforts to potential landlords. 2. Improve the quality of assisted housing by: • Focusing efforts on improving specific management functions, such as rent reasonableness reviews and income program violations. 3. Promote self-sufficiency and asset development of our assisted households by: Providing or attracting supportive services to improve recipients' employability and to educate recipients on homeownership programs. 4. Administer the HCV program with excellence by: • Maintaining a 95% or better utilization rate. • Providing quality service to customers and clients through open communication, workshops, and/or meetings to explain the housing choice voucher program and other opportunities. Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5 -Year Plan. 1. Expanded and increased the supply of assisted housing: • HUD allocated an additional 13 VASH vouchers for homeless veterans in Indian River County; the HRC HCV Program now administers a total of 59 VASH vouchers. • HUD allocated 34 EHV homeless families and individuals in Indian River County. 2. Improved the quality of assisted housing: • Set payment standards at competitive amounts to attract quality housing from private market owners. • Inspected units every six to B.3 twelve months as needed. • Continued to encourage portability for clients seeking improved housing opportunities in other jurisdictions. 3. Promoted self-sufficiency and asset development for our assisted households: • Partnered with additional supportive service agencies and homeownership programs to provide participants with opportunities to purchase their own homes and further their education. 4. Administration of the HCV Program: • Earned the HUD SEMAP High Performer designation by utilizing 95% or more of the allocated budget authority. • Provided staff training throughout the fiscal year with Health Advocate, including courses such as Anger Management, Stress Management, and various others designed to enhance the customer service provided by the Housing Services Division HCV Program. B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA's goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. Indian River County Housing Services Division HCV Program provides referrals to Safespace depending on the need. In addition, Indian River County Housing Services Division HCV Program provides VAWA information regarding the tenant rights at lease up and at annual recertifications. Flyers are posted in the office with detailed information on how to obtain assistance if needed. 435 C. Other Document and/or Certification Requirements. Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5 -Year Plan. The Indian River County Housing Services Division defines "Significant Amendments" as changes to federal regulations that may be required by HUD, as well as C.1 any changes to the Housing Services Division's HCV and VASH Program Administrative Policy that would significantly and substantially alter the Division's mission. Indian River County defines a "Substantial Deviation/Modification" as a fundamental change to the HCV Program's mission statement, goals, or objectives identified in the Five -Year and Annual Plan. The Indian River County Board of County Commissioners' HCV Program has no "Significant Amendments" or "Substantial Deviadons/Modifications" to the mission statement, goals, or objectives in the Five -Year and Annual Plan. Resident Advisory Board (RAB) Comments. C.2 (a) Did the RAB(s) have comments to the 5 -Year PHA Plan? Y❑ NO (b) If yes, comments must be submitted by the PHA as an attachment to the 5 -Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. Certification by State or Local Officials. C.3 Form HUD -50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. Required Submission for HUD FO Review. C.4 (a) Did the ublic challenge any elements of the Plan? Y❑ N (b) If yes, include Challenged Elements. D. Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fav Housing. (Non-qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.) Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item. Fair Housing Goal: Expand Affordable Housing Options in High -Opportunity Areas Describe fair housing strategies and actions to achieve the goal • Conduct a housing market analysis to identify high -opportunity areas and barriers to access for low-income families. Collaborate with local governments and developers to incentivize the development of affordable units through zoning adjustments density bonuses, and tax credits in high -opportunity neighborhoods. D.1 Fair Housing Goal: Strengthen Outreach and Education to Underserved Communities Describe fair housing strategies and actions to achieve the goal • Develop and distribute multilingual fair housing materials that explain rights, complaint procedures, and available resources. Partner with community-based organizations and cultural groups to host workshops, and outreach events in neighborhoods with historically limited access to information. • TYain landlords, housing providers, and public employees on fair housing laws, implicit bias, and best practices for serving diverse populations. • Establish a clear and user-friendly reporting mechanism for housing discrimination complaints and provide assistance through housing counselors or legal aid. Fair Housing Goal: Reduce Racial and Ethnic Segregation and Promote Inclusive Communities Describe fair housing strategies and actions to achieve the goal • Analyze patterns of segregation using local demographic and housing data to identify concentrations of poverty and racial/ethnic disparities in housing choice. • Implement affirmative marketing plans to promote housing opportunities across diverse communities and ensure outreach reaches underrepresented populations. • Monitor and evaluate outcomes to ensure programs and policies are effectively reducing segregation and advancing fair housing. 435 This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year PHA Plan. The 5 -Year PHA Plan provides the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and cztremely low- income families and the progress made in meeting the goals and objectives described in the previous 5 -Year Plan. Public reporting burden for this information collection is estimated to average 1.64 hours per year per reap— or 8.2 hours per response every five years, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. Form identification: FL132-INDIAN RIVER CO BD OF CO COMM form HUD -50075-5Y (Form ID - 3464) printed by Stacey Bush in HUD Secure Systems/Public Housing Portal at 05/21/2025 04:11 PM EST 436 Statue: Created U.S. Department of Housing and Urban Development Civil Rights Certification i (Qualified PHAs) Office of Public and Indian HousingI OMB Approval No. 2577-0226 Expires 03/31/2024] Civil Rights Certification Annual Certification and Board Resolution Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5 -Year PHA Plan, hereinafter referred to as" the Plan ; of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the fiscal year beginning 10/2025 in which the PHA receives assistance under 42 U.S.C. 1437f and/or 1437g in connection with the mission, goals, and objectives of the public housing agency and implementation thereof. - The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d -2000d-4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintains records reflecting these analyses and actions. INDIAN RIVER CO BD OF CO COMM FL132 PHA Name PHA Number/HA Code I hereby certify that all the statement above, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Executive Director: Cindy Emerson Signature: Date: Name of Board Chairperson: Joseph E. Flescher Signature: Date: 437 Executive Director Signature: Board Chairperson Signature: The United States Department of Housing and Urban Development is authorized to collect the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. The information is collected to ensure that PHAs carry out applicable civil rights requirements. Public reporting burden for this information collection is estimated to average 0.16 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Form identification: FL132-INDIAN RIVER CO BD OF CO COMM form HUD -50077 -CR (Form ID - 3594) for CY 2025 printed by Stacey Bush in HUD Secure Systems/Public Housing Portal at 05/21/2025 04:10PM EST 438 Status: Created Certification by State or Local U.S. Department of Housing and Urban Official of PHA Plans Consistency Development with the Consolidated Plan or Office of Public and Indian Housing State Consolidated Plan OMB No. 2577-0226 (All PHAs) Expires 03/31/2024 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Joseph E. Flescher, the BOCC Chairman certify that the 5 -Year PHA Plan for fiscal years 2025-2029 and/or Annual PHA Plan for fiscal year 2025 of the FL132 - INDIAN RIVER CO BD OF CO COMM is consistent with the Consolidated Plan or State Consolidated Plan including the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the Indian River County pursuant to 24 CFR Part 91 and 24 CFR § 903.15. Provide a description of how the PHA Plan's contents are consistent with the Consolidated Plan or State Consolidated Plan. The Indian River County Housing Services Division's activities align with the Local Official Comprehensive/Consolidated Plan, which seeks to maintain and expand the supply of decent, safe, and affordable housing for eligible residents. The Division supports this goal by administering the Housing Choice Voucher (HCV), Emergency Housing Voucher (EHV), and Veterans Affairs Supportive Housing_(VASH)_programs,. which enable low-income families, elderly individuals, veterans, and persons with disabilities to access affordable housing throughout the county. In collaboration with local agencies and community partners, the Housing Services Division works to improve service delivery., -promote housing stability, and support self-sufficiency. To better meet the needs of the community., the Division continues to enhance its intake and waitlist management processes, affirmatively further fair housing, and support efforts to deconcentrate poverty when necessary_ I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official: Joseph E. Flescher Title: BOCC Chairman Signature: Date: The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itselfto confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. 439 Form identification: FL 132 -INDIAN RIVER CO BD OF CO COMM form HUD -50077 -SL (Form ID - 4480) printed by Stacey Bush in HUD Secure Systems/Public Housing Portal at 05/21/2025 04:22PM EST 440 Indian River County, Florida * * MEMORANDUM �roA �D Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0981 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Anthony Warren, Director of Building and Facilities Services FROM: Robert S. Skok, Capital Project Manager DATE: September 30, 2025 SUBJECT: Bathroom Renovations Indian River County Main Library and North County Library, IRC - 2403 - Revision to Correct Account Designation and Totals BACKGROUND On February 25, 2025, Diaz Constructors, LLC was awarded bid No. 2025007 for the Bathroom Renovations Indian River County Main Library and North County Library totaling $507,934. To align with the awarded project bid schedule, the overall contract cost needs to be amended to $507,949, along with reallocation of funding to the Main Library versus North County portions of the project. Funding, in the amount of $227,524 was originally approved for the Main Library portion, which should have been $280,417. The North County Library portion was approved for $280,410, but should have been $227,532. This increase in contract cost and reallocation needs to be approved and completed in order to complete the project. BUDGETARYIMPACT Funding, in the total amount of $280,417, will come from the Optional Sales Tax/Main Library/Restroom 'Renovation account, number 31510971-066510-22021, along with $227,532 from Optional Sales Tax/North County Library/Restroom Renovation account, number 31511271-066510-22022 for a total revised project cost of $507,949. PREVIOUS BOARD ACTIONS Award of bid No. 2025007 POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 powc 4!)y LegistarTA° N/A STAFF RECOMMENDATION Staff recommends the Board approve the change in contract price and corrected project figures. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 POW4 jY LegistarTm INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Anthony Warren, Director of Building and Facilities Services FROM: Robert S. Skok, Capital Project Manager SUBJECT: Award of Bid No. 2025007 Bathroom Renovations Indian River County Main Library and North County Library, IRC -2403. DATE: February 7`h, 2025 DESCRIPTION AND CONDITIONS On April 9`h, 2024, Work Order No. 1 was issued to Edlund, Dritenbas, Binkley Architects and Associates, P.A. for professional design services for the bathroom remodels at both the Main and North Indian River County Libraries. The project was bid as Alternative 1, normal County working hours and Alternative 2, allowance for additional daily cost on an "as needed" basis up to 30 days to work in the evening/night as to not disrupt the daily work of the departments. Library staff agrees with the option of night work "as needed". A bid opening for the project was held on January 23rd, 2025. As summarized below, five (5) bids were received and opened during a public meeting. A detailed bid tabulation is on file and available for viewing in the Building Department's Building & Facilities Division. Bid totals are as follows: COMPANY ALTERNATE 1 BID ALTERNATE 2 BID Diaz Constructors, LLC. Sebastian, FL $455,449* $507,934* $563,962* $632,870 Ulloa Management Group, LLC. De La Hoz Builders, Inc. $592,803 $601,803 FSV Construction Company $605,667* $695,667 Island Harbor Custom Builders $940,000 $952,000 *Denotes mathematical errors on bid form corrected Diaz Constructors, LLC is considered to be the lowest, responsive, responsible bidder for the project with Alternative 2 having a bid totaling $507,934, which is $59,916 below the Architect's Cost Estimate 443 Award of Bid No. 2025007 Bathroom Renovations Indian River County Main Library and North County Library, IRC -2403 For February 25`h, 2025 BCC Meeting of $567,850. The original budget was $400,000.00 and this is $107,934.00 or 27.0% above budget. Diaz Constructors, LLC has not done work for the County before. After checking references provided in their bid form, their previous customers were highly satisfied with their work. FUNDING Current funding in the amount of $227,524.00 is available from Optional Sales Tax/Building & Facilities Services/Main Library/Restroom Renovation and in the amount of $280,410.00 is available from Optional Sales Tax/Building & Facilities Services/North County Library/Restroom Renovation. Account Description Account Number Amount Optional Sales Tax/Building & Facility 31510971-066510-22021 $227,524.00 Services/Main Library — Restroom Renovation Optional Sales Tax/Building & Facility Services/ 31511271-066510-22022 $280,410.00 North County Library — Restroom Renovation RECOMMENDATION Staff recommends the project be awarded to Diaz Constructors, LLC in the amount of $507,934. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR FEBUARY 25TH, 2025 C:\Gmicus\Legistar5\LS\Temp\32463646-a87d lad4-ble2-136ad5abb50b.doc 444 BOARD OF COUNTY COMMISSIONERS February 25, 2025 via Email Diaz Constructors, LLC Attn: Javier Diaz 1391Whitmore Avenue Sebastian, FL 32958 Diaz-c@outlook.com NOTICE OF AWARD Reference: Indian River County Bid No. 2025007 Bathroom Renovations Indian River County Main Library and North County Library Dear Mr. Diaz: It is my pleasure to inform you that on February 25, 2025 the Board of County Commissioners awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond (unrecorded) in the amount of 100% of the award amount ($507,934.00). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required in Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents) including Builder's Risk. Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. 4. W-9. The Public Construction Bond must be executed in accordance with section 255.05(1)(a), Florida Statutes. Please submit the Bond, W-9, the Certificate(s) of Insurance and two fully -executed copies of the enclosed agreement to this office at the address provided below no later than March 12, 2025. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, Jennifer yde, NIGP-CPP, CPPO Purchasing Manager Cc: Project Manager Office of Management and Budget • Purchasing Division 180027 th Street, Vero Beach, Florida 329609(772) 226-1416 E-mail: purchasing@indianriver.gov 445 I 1 non —TQi?en'i Raatmnm Rannvatlons North County & MaIn Ubmriesll •AdmInlBIds0d Downentaxss Bid.Ll— i-r C ,282 i0 00 X32 PART A (MAIN LIBRARY) MOBILIZATION - FOR CONTRACTS IN EXCESS OF 120 DAYS DURATION, PARTIAL PAYMENT WILL BE MADE AT 25% OF THE BID PRICE PER MONTH FOR THE FIRST FOUR MONTHS. IN NO EVENT SHALL MORE THAN 50% OF THE BID PRICE FOR THIS DIVISION 1 ITEM BE PAID PRIOR TO COMMENCING CONSTRUCTION ON THE PROJECT SITE. LS 1.0 i DIVISION 2 DEMOUTION/SITE WORK LS 1.0 DIVISION 3 CONCRETE LS 1.0 DIVISION 5 METALS LS 1.0 DIVISION 6 CARPENTRY LS 1.0 r DIVISION 7 THERMAL& MOISTURE PROTECTION LS 1.0 k DIVISION 8 DOORS, WINDOWS, AND GLASS LS 1.0 j iU LS 1.0 DIVISION 9 FINISHES DIVISION 10 SPECIALTIES LS 1.0 DIVISION 12 FURNISHINGS LS 1.0 DIVISION IS PLUMBING LS 1.0 t5 1 0 . DIVISION 16 ELECTRICAL SUBTOTAL - PART A MAIN COUNTY LIBRARY BATHROOMS REMODEL a26,250!�lgt wor1/2PART B (NORTH COUNTY) _1 e ac_cou t = 280,417 MOBILIZATION - FOR CONTRACTS IN EXCESS OF 120 DAYS DURATION, PARTIAL PAYMENT WILL BE MADE AT 25% OF THE BID PRICE PER MONTH FOR THE FIRST FOUR MONTHS. IN NO EVENT SHALL MORE THAN 50% OF THE BID PRICE FOR THIS 3qq ITEM BE PAID PRIOR TO COMMENCING CONSTRUCTION ON THE PROJECT SITE. LS 1.0 i! l`j DIVISION 1 !! / 1 14 ^� DIVISION 2 DEMOUTION/SITE WORK LS 1.0 Ls 1.0 b DIVISION 3 CONCRETE i 'T it DIVISION 5 METALS LS 1.0 LS 1.0 DIVISION 6 CARPENTRY DIVISION 7 THERMAL & MOISTURE PROTECTION LS 1.0 I i DIVISION 8 DOORS, WINDOWS, AND GLASS IS 1.0 IS 1.0 Z DIVISION 9 FINISHES 2 A``,, 1 V DIVISION 10 SPECIALTIES LS 1.0 b � �• � DIVISION 12 FURNISHINGS IS 1.0 LS 1.0 DIVISION 15 PLUMBING 1.0 % �} =18 DIVISION 16 ELECTRICAL LS SUBTOTAL - PART B MORTH COUNTY LIBRARY BATHROOMS REMODEL +20, 3� 227, ALTERNATIVE 1 TOTAL (PART A + PART 8) = $40,000.00 FORCE ACCOUNT = 999.25 TOTAL PROJECT BID AMOUNT (INCLUDING FORCE ACCOUNTS) _ TOTAL PROJECT BID AMOUNT IN WORDS - ALTERNATE 1 1 non —TQi?en'i Raatmnm Rannvatlons North County & MaIn Ubmriesll •AdmInlBIds0d Downentaxss Bid.Ll— i-r C ,282 i0 00 X32 ITEMIZED BID SCHEDULE PROJECT NAME: BATHROOM RENOVATIONS NORTH COUNTY AND MAIN LIBRARIES PROJECT NO. IRC -2403 BID NO. 2025007 BIDDER'S Name: -Desacd000ni 1 unftl Quanft L UnR PAce I Amount Altemative 2 (Altemative 1 & EVENING OR WEEKEND WORKI a 1 ALTERNATIVE 1 -TOTAL (PARTA+PART B) sUM 1.0 t g 1 RE ILTILE2E0 ITEM 1 PER DAY SURCHARGE FOR PERFORMING EVENING OR WEEKEND WORK OUTSIDE OF NORMAL 000NTY WORMING NOURS BY DIRECTION OF PROTECT MANAGER DAY 30.0 + IE,T� LI%� ygr3i-// TOTAL= FORCE ACCOUNT = $40,000.00 TOTAL PROJECT BID AMOUNT (INCLUDING FORCE ACCOUNT) = Q� TOTAL PROJECT BID AMOUNT IN WORDS -A ERNATIVE2 III�AHtY BETV THE PLANS (SUMMARY OF PAY MMS) AND THE ITEMIZED BID SCHEDULE, THE BID arillillaL RE ILTILE2E0 FORBIDDING PURPOSES. CP -2510 SECTION 00942 — Change Order Form No. 1 DATE OF ISSUANCE: 10/21/25 EFFECTIVE DATE: 10/21/25 OWNER: Indian River County CONTRACTOR Diaz Constructors, LLC Project: BATHROOM RENOVATIONS, INDIAN RIVER COUNTY MAIN LIBRARY AND NORTH COUNTY LIBRARY OWNER's Project No. CP -2510 OWNER'S Bid No. 2025007 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: The original staff report dated 2/7/25 stated accounts in reverse order. The main library funding was listed as $227,524.00 and needed to be $280, 417.00. The North County Library was stated as $280,410.00 and needed to be $227, 532.00. With the change there is a net increase of $15.00. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $507.934.00 Net Increase (Decrease) from $ 0 previous Change Orders No. to Contract Price prior to this $507,934.00 Change Order: Net increase (decrease) of this $15.00 Change Order: Contract Price with all approved $5071949.00 Change Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CO NTRACT TI M ES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Order Form — 00942 F:\BuildingBFacildiesDept\Projects\CP-2510 Library Bathroom Renovations\4-Construction\Contractor Pay Apps\Board Adjustment\Change Order 1.docx 448 Indian River County, Florida * * MEMORANDUM Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0982 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation, & Conservation Director Gustavo Vergara, Assistant Director Parks, Recreation & Conservation FROM: Johnathan Billings, Beach Operations Supervisor DATE: September 19, 2025 SUBJECT: Parks, Recreation & Conservation Department - Ocean Rescue Division Policy and Operation Standards BACKGROUND The Ocean Rescue Division is built on a foundation of public safety, professional vigilance, and community trust. For years, we have proudly protected thousands of visitors across the County's four guarded beaches, delivering consistent, high-quality service marked by swift response times, preventative action, and a strong culture of accountability and care. The Parks, Recreation and Conservation Department initiated the creation of Standard Operating Procedures (SOP) throughout its Divisions with the goal to create clear communication to staff, elevate the level of service provided to residents, and ensuring operational effectiveness and efficiency. The Department's foundational SOP was approved on April 23, 2024, by the Board. The creation of the Ocean Rescue Division's Policy and Operation Standards Manual (Manual) was driven by the core goal to provide lifeguards with a clear, consistent, and professional framework for excellence in safety and service. With the responsibility of protecting lives at the County's four guarded beaches, it became essential to ensure that every member of our team, from first-year recruits to seasoned veterans, share the same understanding of operational protocols, emergency procedures, equipment use, and safety standards. ANALYSIS The Manual was developed to provide a clear, structured, and consistent framework for managing daily operations at the beach. Its primary purpose is to ensure the safety of all staff, visitors, and the surrounding environment while maintaining operational efficiency and accountability. Specifically, this Manual serves to establish clear safety protocols for water activities, lifeguarding, hazard mitigation, emergency responses, standardizing equipment usage, inspection, and maintenance procedures to reduce the risk of failure or injury. The Manual supports the delivery of a professional, safe, and responsive beach operation that aligns with the Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 powTO LegistarTm best practices and the organization's commitment to public safety and service. Continuous review and timely updates, particularly in the areas of safety protocols and equipment management, are essential to keeping the Manual effective, compliant, and aligned with the dynamic nature of beach operations. The Human Resources Division, Risk Management Division, and Teamster's Union have reviewed and approve this Manual. BUDGETARYIMPACT There is no direct budgetary impact for this request. PREVIOUS BOARD ACTIONS 24-0366 - April 23, 2024 - Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures Update 25-0421 - April 8, 2025 - Parks Conservation Divisions Standard Operating Procedures POTENTIAL FUTURE BOARD ACTIONS Acceptance of updates to the document. STRATEGIC PLAN ALIGNMENT Quality of Life OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff respectfully requests that the Board approve the Indian River County Policy and Operations Standards Manual for the Ocean Rescue Division, subject to any modifications identified by the Teamsters Union via impact bargaining, if any, and authorize the Parks, Recreation and Conservation Director to approve administrative, non -substantive updates to the Standard Operating Procedures, when needed. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow 4 jdy LegistarTM III I Fil Z I BLI LVJ 4 BLI COUNTY Standard Operating Procedures Approved by the Board of County Commissioners on 451 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 452 2 1. General Agency Information Page 6 • Background • Goals • Locations and hours of operation 2. New Hires Page 8 • Orientation • Rookie Training • Employment Requirements 3. Standard Operations / Job Duties Page 16 • Health and Safety Public Relations • Expectations • Rules and Regulations Phones and other devices • Radio procedures • Radio Clock Ins and Outs • 911 Guidelines Attendance and Punctuality • Timekeeping Paychecks • Breaks • Schedules and Leave • Holidays • Evaluations • Health and Safety 4. Training / Equipment Page 30 • Inservice • Individual • Equipment • Beach Wheelchair 5. Work Area Page 32 • Tower Setup • Equipment 6. Water Surveillance Page 34 • Land • Water • Drowning INDIAN RIVER COUNTYOCEAN RESCUE—STANDARD OPERATING PROCEDURES 453 3 7. Preventive Lifeguarding Page 36 • Signals o Whistle o Hand o Flags • Guidelines 8. Rescues and Medicals Page 38 • Incident Command • Water Rescues • Special Rescues • Spinals • SCUBA • Shark Incidents • Boating / PWC / Surfing / Kitesurfing • Missing Person (Code X) 9. ATV / UTV Page 46 • Equipment • Guidelines • Cleaning/Maintenance 10. Reports Writing Page 48 11. Tropical Storms / Hurricanes Page 49 12. Contraband / Medical Waste / Hazardous Materials 13. Marine Hazards Page 52 • Rip Currents • Shore Break / Backwash • Lateral Currents • Drop Off • Heavy Surf • Red Tide 14. Marine Life Page 56 • Man -o -War / Jellyfish • Sharks • Baitfish INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 454 15. Weather Page 57 • Storms • Lightning • Winds • Fog • Waterspouts / Tornados • Tropical Storms / Hurricanes 16. Ordinances Page 58 17. Appendix (Forms) ATV/UTV Narrative Page 60 ATV/UTV Sign In/Out Page 62 Beach Activity Page 63 Beach Wheelchair Agreement Page 65 Daily Incident and Log Report Page 67 Tower Equipment Inventory Page 69 First Aid Box / E.M.T. Bag Inventory Page 71 Missing Person (Code X) Page 73 Police Report Page 75 Rescue/Medical Report Page 76 OIC Duties Page 78 OIC Report Page 79 Please note: Language in this document shall not supersede any agreement documented in the agreement between Indian River County and Teamsters Local Union NO. 769 or the Administrative Policy Manual of Indian River County. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 4 455 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 456 A General Agency Information Background Indian River County Ocean Rescue is a Division within the Parks, Recreation and Conservation Department under the Citizen Services arm of the County. The mission of the Indian River County Ocean Rescue Division is to protect and promote the general welfare of residents and visitors who visit County beaches. In providing oceanfront park facilities to the public, Indian River County relies upon trained and certified Ocean Rescue personnel to assure that visitors receive the highest level of public safety service possible. It is incumbent upon each Ocean Rescue lifeguard to become familiar with all operating procedures outlined in this manual. The primary function of this standard operating procedure manual is to offer a rational operation plan that will coordinate the actions of Ocean Rescue Lifeguards and their Incident Commanders. This coordination will increase the chances of successful conclusion of an emergency while offering the highest margin of safety for emergency personnel and our customers, the citizens, and visitors of Indian River County. Indian River County Ocean Rescue Division (IRCORD) goals • Provide a safe aquatic environment for beach goers. • Provide excellent medical service. • Provide efficient services to all residents of the community regardless of income, background, or ability. • Maintain a high level of professional service. • Continually strive to improve while seeking opportunities for future development. • Maintain a partnership with EMS to improve the quality of life for all patrons. Beach Park locations and hours of operation Office (Station 11) 2555 93rd Street, Vero Beach Florida 32963 Phone: (772) 226-3384 Conditions Hotline (772) 268-3384 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 457 Ambersands Beach Access (Unguarded) 12570 Florida Hwy AM, Vero Beach Florida 32963 Treasure Shores Beach Park (Unguarded) 11300 Florida Hwy Al A, Vero Beach Florida 32963 Golden Sands Beach Park (Guarded 10350 Florida Hwy AM, Vero Beach Florida 32963 Phone: (772) 268-5981 Wabasso Beach Park (Guarded) 1808 Wabasso Road, Vero Beach Florida 32963 Phone: (772) 268-4732 Seagrape Trail Beach Access (Unguarded) 8462 North Hwy AIA, Vero Beach Florida 32963 Turtle Trail Beach Access (Unguarded) 8102 North Hwy Al A, Vero Beach Florida 32963 Trackino Station Beach Park (Guarded 800 East 46th Place, Vero Beach Florida 32963 Phone: (772) 268-4363 Round Island Oceanside (Guarded) 2205 South AM, Vero Beach Florida 32963 Phone: (772) 268-5978 Indian River County beach parks are open from sunrise to sunset year-round. Golden Sands Beach Park, Wabasso Beach Park, Tracking Station Beach Park and Round Island Oceanside are guarded from 9:10 am until 4:50 pm daily. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 7 458 E3 Guidelines and Responsibilities for New Hires Day One (8 hours) As a new member of the IRCORD team, each employee will go through an onboard process that consists of an introduction and open water training on the following materials and procedures set forth by IRCORD. • Distribute uniforms, equipment, and manuals. • Review Standard Operating Procedures and day-to-day operations. • Review schedules, phone list, and vacation calendar. • Review paperwork. o Report, Police, Beach Activity, Missing Person forms. o Logs o Check lists. • Introduction to staff and beaches o Golden Sands Beach Park o Wabasso Beach Park o Tracking Station Beach Park o Round Island Oceanside • Beach training o Beach and Tower setup o Beach differences o Rules o Equipment ■ Buoys ■ Rescue Board ■ ATV ■ EMT Equipment / A.E.D. ■ Spinals and Movers o Condition boards, Flags and other signage o Rescue procedures and skills ■ Single Rescuer ■ Double Rescuer ■ Guarded and Unguarded ■ Spinal Injuries ■ Code X — Missing Person(s) ■ Minor and Major Medicals New hires that worked for a U.S.L.A. certified agency with comparable geographic features, within a year will be given tower assignment. New hires that have not worked before with a U.S.L.A certified agency within a year will be required to complete the full 48 hours of open water training. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 459 �9 Day Two (8 hours) Report to Tracking Station Beach Park. New lifeguards will learn the following: • Rescue Equipment. • Basic Rescues. Day Three (8 hours) Report to Wabasso Beach Park. New lifeguards will learn the following: • Rescue Techniques and Procedures. Day Four (8 hours) Report to Station 11 (Office). New lifeguards will learn the following: • Professional Lifeguarding. • Environmental Conditions. Day Five (8 hours) Report to Station 11 (Office). New lifeguards will learn the following: • Communications. • Records and Reporting. Day Six (8 hours) Report to Tracking Station Beach Park. New lifeguards will learn the following: • Medical Aid in the Aquatic Environment. • Search and Recovery. • Review and Final Skills Assessment. • Tower assignment Probation Period The first six (6) months of employment at Indian River County is considered a probationary period. During this time, you will learn your responsibilities and get acquainted with the job. The Beach Operations Supervisor and Lieutenant will set up training and closely monitor your performance. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 460 10 Minimum Employment Requirements Lifeguard I Part-time • 18 years or older • Must possess a high school diploma or equivalency certificate • Demonstrates an ability to swim 500 meters (550 yards), without equipment that enhances buoyancy or propulsion, over a measured course in ten minutes or less. • Possesses adequate vision, hearing acuity, physical ability and stamina to perform the duties of an open water lifeguard as documented by a medical doctor, or the doctor's designated physician's assistant or ARNP (advanced registered Nurse Practitioner). • Certified as having successfully completed one of the following courses for Cardiopulmonary Resuscitation (CPR) o American Red Cross — CPR for the Professional Rescuer o American Red Cross — BLS o American Heart Association — BLS o American Safety & Health Institute — BLS • Certified as having successfully completed one of the following courses for Emergency Medical Responder. o American Red Cross — EMR o American Safety & Health Institute — EMR • Certified as successfully completing a course consisting of a total of not less than 48 hours in open water lifesaving of the current U.S.L.A. Open Water Lifeguard Agency Certification program, Required Course Curriculum. Demonstrate the ability to complete a surf rescue/medical test consisting of a 75 yd run, 75 yd swim to manikin, bring manikin back to shore, carry/drag manikin to dry sand, run back to tower to grab A.E.D and MED Bag, run back to manikin and perform/answer medical procedures/questions in six minutes or less • SCUBA certification recommended *All certifications must be kept current and updated before expiration date. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 461 11 Lifeguard I Full-time • 18 years or older • Must possess a high school diploma or equivalency certificate • 1000 hours or more with IRCOR or as an open water lifeguard with another USLA certified agency with comparable and geographic features • Demonstrates an ability to swim 500 meters (550 yards), without equipment that enhances buoyancy or propulsion, over a measured course in ten minutes or less. • Possesses adequate vision, hearing acuity, physical ability and stamina to perform the duties of an open water lifeguard as documented by a medical doctor, or the doctor's designated physician's assistant or ARNP (advanced registered Nurse Practitioner). • Certified as having successfully completed one of the following courses for Cardiopulmonary Resuscitation (CPR) o American Red Cross — CPR for the Professional Rescuer o American Red Cross — BLS o American Heart Association — BLS o American Safety & Health Institute — BLS • Certified as having successfully completed the State of Florida or National Registry Emergency Medical Technician (EMT) course or o American Red Cross — EMR o American Safety & Health Institute — EMR *Those hired as certified EMR's must obtain EMT within probationary period. • Certified as successfully completing a course consisting of a total of not less than 48 hours in open water lifesaving of the current U.S.L.A. Open Water Lifeguard Agency Certification program, Required Course Curriculum. • Demonstrate the ability to complete a surf rescue/medical test consisting of a 75 yd run, 75 yd swim to manikin, bring manikin back to shore, carry/drag manikin to dry sand, run back tower to grab A.E.D and MED Bag, run back to manikin and perform/answer medical procedures/questions in six minutes or less • SCUBA certification recommended. *All certifications must be kept current and updated before expiration date. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES SIJ 12 Lifeguard II (Lieutenant) • 18 years or older • Must possess a high school diploma or equivalency certificate • 8,500 hours or more of combined open water lifeguard with a USLA certified agency with comparable and geographic features • Demonstrates an ability to swim 500 meters (550 yards), without equipment that enhances buoyancy or propulsion, over a measured course in ten minutes or less. • Possesses adequate vision, hearing acuity, physical ability and stamina to perform the duties of an open water lifeguard as documented by a medical doctor, or the doctor's designated physician's assistant or ARNP (advanced registered Nurse Practitioner). • Certified as having successfully completed one of the following courses for Cardiopulmonary Resuscitation (CPR) o American Red Cross — CPR for the Professional Rescuer o American Red Cross — BLS o American Heart Association — BLS o American Safety & Health Institute — BLS • Certified as having successfully completed the State of Florida or National Registry Emergency Medical Technician (EMT) course • Certified as successfully completing a course consisting of a total of not less than 48 hours in open water lifesaving of the current U.S.L.A. Open Water Lifeguard Agency Certification program, Required Course Curriculum. • Demonstrate the ability to complete a surf rescue/medical test consisting of a 75 yd run, 75 yd swim to manikin, bring manikin back to shore, carry/drag manikin to dry sand, run back tower to grab A.E.D and MED Bag, run back to manikin and perform/answer medical procedures/questions in six minutes or less • SCUBA certification recommended *All certifications must be kept current and updated before expiration date. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 463 13 Lifeguard III (Beach Operations Supervisor) 18 years or older • Must possess a high school diploma or equivalency certificate 16,500 hours or more combined open water lifeguard, park oversight, supervisory experience, or an equivalent combination of formal education and related work experience with a USLA certified agency with comparable and geographic features. • Demonstrates an ability to swim 500 meters (550 yards), without equipment that enhances buoyancy or propulsion, over a measured course in ten minutes or less. • Possesses adequate vision, hearing acuity, physical ability and stamina to perform the duties of an open water lifeguard as documented by a medical doctor, or the doctor's designated physician's assistant orARNP (advanced registered Nurse Practitioner). • Certified as having successfully completed one of the following courses for Cardiopulmonary Resuscitation (CPR) o American Red Cross — CPR for the Professional Rescuer o American Red Cross — BLS o American Heart Association — BLS o American Safety & Health Institute — BLS • Certified as having successfully completed the State of Florida or National Registry Emergency Medical Technician (EMT) course • Certified as successfully completing a course consisting of a total of not less than 48 hours in open water lifesaving of the current U.S.L.A. Open Water Lifeguard Agency Certification program, Required Course Curriculum. • Demonstrate the ability to complete a surf rescue/medical test consisting of a 75 yd run, 75 yd swim to manikin, bring manikin back to shore, carry/drag manikin to dry sand, run back tower to grab A.E.D and MED Bag, run back to manikin and perform/answer medical procedures/questions in six minutes or less • Scuba Certification from a nationally recognized certifying agency *All certifications must be kept current and updated before expiration date. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 464 14 Open Water Lifeguard Instructor • 18 years or older • Must possess a high school diploma or equivalency certificate • Must have worked a minimum cumulative total of 2,000 hours of employment compiled at a lifeguard agency certified as meeting the minimum standards of USLA • Must have at least two years' experience as an instructor or assistant instructor with a USLA certified agency. • Certified as having successfully completed the State of Florida or National Registry Emergency Medical Technician (EMT) course • Certified as successfully completing a course consisting of a total of not less than 48 hours in open water lifesaving of the current U.S.L.A. Open Water Lifeguard Agency Certification program, Required Course Curriculum. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 465 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 15 466 16 Standard Operations / Job Duties Standard Operations outline basic daily responsibilities and regimens that IRCORD Lifeguards perform. All personnel are expected to initiate and perform them with or without specific instruction. Standard Operations Responsibilities for Ocean Lifeguards: • Communications check • Work area setup • Checking equipment • Training • Water surveillance • Preventive and public relations measures • Rescue and medical treatment • Ordinance enforcement • Patrol • Statistics and Report writing • Incident Command (when applicable) • Other related responsibilities as assigned by the Lieutenant or Beach Operations Supervisor Standard Operations Responsibilities for Lieutenant and Beach Operations Supervisor: • Scheduling and workplace assignments • Monthly in-service training • Equipment inventory, purchases, and deliveries • Timesheets • Field supervision and relief • Incident Command • Statistics and reports • Incident management planning • Annual performance evaluations and appraisals • Candidate testing • Discipline (Beach Operations Supervisor only) • Other related responsibilities as assigned by the Administration. The respective functions represent a standard plan for operations designed to a safe and effective work unit. These responsibilities should in no way limit the initiative of any lifeguard to suggest modifications to supervision. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 467 17 Health and Safety It is the responsibility of Indian River County to provide safe work area, equipment, and working conditions for employees. It is the responsibility of the employees to follow established safety practices. Failure to adhere to these practices will result in disciplinary action. It is everyone's responsibility to see that their assigned area is kept clean and in working order. Employees are expected to complete various daily cleaning tasks in their respective work areas. All employees should conduct a safety check in their respective work areas at the beginning of each shift to identify hazards, damaged or broken equipment, and other safety concerns. The check list should be completed and report any damaged or missing equipment immediately to the Officer In Charge (OIC). Public Relations / Customer Service At all times, it is the policy of the County to be public and service oriented and employees are required to treat the public in a courteous and respectful manner. Employees must understand that the public comes first. All employees have an obligation to represent the County in a positive fashion and to make the public feel as comfortable as possible in dealing with the organization. By sincerely responding to our residents with brief, helpful responses, you will be achieving our goal of responsibility, hard work, and professionalism. Please keep the following in mind when dealing with members of our community: • As a member of the IRCORD staff, you are in the public eye, and your actions should always reflect the mission and goals of the County. • Patrons may have electronic devices and may decide at any time to record and document your behavior. • Do not provide incorrect information. If you don't know the answer to a question, you should respond, "That is a good question, let me find that information for you." If you cannot locate the answer, seek out a supervisor to assist. • Create a welcoming environment for beach goers by greeting them as they approach the tower. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 468 18 • Customer service and telephone etiquette are extremely important. Answer the telephone in a cheerful, positive manner. (i.e. "Hello, thank you for calling (location), this is (your name), how may I help you?") • Lifeguards represent the Indian River County Parks, Recreation and Conservation Department and have day-to-day contact with citizens. Be professional in all your duties. • Use of abusive or foul language by any staff member is unacceptable and will not be tolerated in the workplace. • Observance of the Park rules is essential. Lifeguards should always serve as examples to residents and guests. • In the event of a major accident/incident or emergency/crisis, do NOT speak with anyone besides EMS, other emergency workers, and administrative staff regarding the event. All calls or requests for comment from the media MUST be forwarded to the Beach Operations Supervisor. Expectations and Guidelines • Be a good representative of the Indian River County Ocean Rescue Division, be friendly and greet beach goers in a professional manner. • Know the County Park rules and enforce them tactfully and consistently. • Look professional: Wear a clean, current issued uniform, groom appropriately and maintain good personal hygiene. Uniforms are not to be modified. • Be prepared for your job assignment by having issued equipment (Binoculars, whistle, mask, fins, snorkel, wetsuit) • If it does not interfere with your primary duties, guards should always help maintain a clean and safe park; pick up trash as you see it, ensure equipment is in good working order, and broken or damaged equipment is reported to the OIC. • Report any public concerns or complaints to the Beach Operations Supervisor. • Take pride in your work, respect your fellow lifeguards, give your best effort. INDIAN RIVER COUNTYOCEAN RESCUE- STANDARD OPERATING PROCEDURES 469 19 Staff Rules and Regulations • All lifeguards are required to follow all County Park rules as outlined in the Indian River County — Code of Ordinances Chapter 205 — Parks and Recreation rules. • There is no smoking, use of tobacco products, or use of imitation tobacco products allowed on Indian River County lifeguard towers or surrounding area. • No lifeguard may be under the influence of alcohol and/or drugs while on shift. • No lifeguard may be in possession of any alcohol, drugs, or illegal substances while on Indian River County property. Any of the above items turned in or found on the beach should be reported immediately to the OIC. • All lifeguards must Punch In/Out daily with the Kronos (UKG) time management software. Punch In/Outs must be done within the park boundaries. Punch In/Outs must be done no earlier or later than seven (7) minutes before or after assigned time. If a staff member misses a punch in/out, it is his/her responsibility to inform the OIC. • All staff members must follow the Attendance and Punctuality procedures. Do not solicit or accept gratuities. • Attending training and meetings is required by all lifeguards scheduled unless otherwise noted on the schedule. Any exception MUST be approved by the OIC. • Designated lifeguard parking spaces should be used when available. Spaces are for on duty lifeguard personnel only. • Any action or any situation created intentionally that causes embarrassment, harassment or ridicule and risk emotional and/or physical harm to a member of our Ocean Rescue staff is considered hazing and is not permissible and grounds for discipline. • Staff must follow radio, training, report writing, and uniform policies and procedures. • Spare air units are not to be used for recreational diving. Code X use ONLY. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 470 20 Cell Phones and Smart Devices County cell phone Non -emergency beach related communications are to be conducted via tower cell phone whenever possible. When answering a tower phone call: • Identify the Division, location, and individual receiving call. The County's Information Technology's — Acceptable Use procedures should be followed when using the Tower cell phone. No changes should be made without Supervisors' approval. Personal cell phone The purpose of this cell phone policy is to create consistency in our workplace operations, including how we minimize distractions and allow for our normal workflow to continue. When personal cell phones are used in the workplace, it can put the County at risk. Although we recognize the need to have personal cell phones at work, employees should use them only intermittently or while on break. When using cell phones, employees should move away from colleagues to prevent distractions. Cell phones are not to be used to record or share confidential information or use the County's network to download illegal or inappropriate materials from the internet. Cell phones and other personal communication devices are not permitted when swimmers are in the water. All other times must be kept very brief as to not distract guards from actively watching the water. Radio Procedures IRCORD equips every lifeguard tower with two handheld radios. It is the on -duty lifeguard's responsibility to make sure radios are charged and in working order daily. When communicating while using the radio, be sure to follow the guidelines below. • Use plain English except when using the approved 10 codes. 0 10-7 Out of Service / Off Duty 0 10-8 In Service / On Duty 0 10-4 OK 0 10-6 Busy (Training, Recue, Medical) 0 10-9 Repeat • Be short and specific: before transmitting know what you are going to say. • Professional etiquette should always be observed. Lifeguards are required to notify the daily OIC via radio of all emergencies as they occur. The guard will transmit that the beach is 10-6 with the type of emergency. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 471 21 Example: "Wabasso is 10-6 with a rescue. One guard responding to a rip" Once the emergency is cleared and the guards return to the tower, notify the on duty OIC that you are both back "10-8". Example: "Wabasso both guards back 10-8" Radio Check In/Out Each lifeguard will transmit "Name then 10-8 (In Service) then beach" message to the Officer In Charge (OIC) upon arrival at the workplace. This will ensure radio function and serve as a check for proper staffing. Each lifeguard will transmit "Name then 10-7 (Out of Service) then beach" message to OIC at the end of their shift. Typically, this is done at 4:54 pm after OIC requests 10-7's. While on duty, each lifeguard should always carry a radio with them. Training in the ocean is the only exception. Emergency 911 Radio Guidelines Lifeguards may contact 911 dispatch directly for emergency incidents. When contacting 911 via radio, the following guidelines apply • Notify OIC of emergency. • Switch to channel 9 — 15 (911). • Use plain speech and be clear and precise • Identify as Indian River County Ocean Rescue. • State location and nature of emergency. • Request assistance and answer dispatch's questions. • Once complete, advise dispatch that you are switching back to IRC Rec channel. • Switch back to Channel 1 (IRC Rec) and monitor. Attendance and Punctuality It is the policy of the IRC Ocean Rescue Division to require employees to notify the OIC by phone when the employee will be late for a shift and when the employee will be absent for an entire shift or for part of a shift. The Ocean Rescue Division relies upon adequate staffing to provide safety services to the public. It is critical that absences and lateness are reported in a timely manner so staffing shortages can be addressed expeditiously. Procedure • A call/text to report an absence from the assigned shift should be made at least one (1) hour before the shift begins. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 472 22 • A call/text to report lateness should be made as soon as it is known that lateness will occur. • An absence or late call/text should be made to the on duty OTC's cell phone. If a call is made and there is no answer, a detailed message shall be left. • An employee who arrives at their assigned work location after their scheduled start time shall be considered late. • It is the responsibility of the employee to know the on -duty OIC's schedule and contact information. • The OIC will inform all employees of schedule changes via the group text and the on -shift guards will update the tower schedule. Timekeeping The normal workweek is Friday through Thursday. A normal workday is an (8) hour shift starting at 9 am and ending at 5 pm, unless otherwise stated on the schedule. Clock in/out policy Employees are to report to their designated work location, which is established by the Lieutenant or the Beach Operations Supervisor. Non-exempt employees must clock in and out at the beginning and end of their scheduled shift. This is done using the UKG (Kronos) site on the County tower phones. Guards are also allowed and recommended to use the UKG site on their personnel phones as it is more convenient to use. Clocking in/out must be done within the park boundaries. Guards are not to clock in or clock out more than or later than 7 minutes before/after their scheduled shift as this will create an overtime situation. Guards are NOT allowed to clock in/out for their co-workers. Overtime Non-exempt employees may be required to work overtime whenever necessary to cover beaches. An overtime list will be maintained by the Beach Operations supervisor, so that overtime is distributed equally. Overtime will be given to those that volunteer first. In some situations, guards may be required to take mandatory overtime to adequately cover beaches. No employee shall be permitted to work overtime without prior approval from the OIC. Paychecks Paychecks are received bi-weekly on Fridays. Should you have a question about your paycheck, contact Human Recourses at (772) 226-1629 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 473 23 Breaks • Ocean lifeguards are paid for an eight-hour shift. No lunch break. This means guards should bring the necessary food and drink that they will need for their shift and eat their lunch in the tower. In some cases, if the beach is slow and permission is granted by the OIC, the guard may be allowed to go to a store closest to their assigned beach. • Lifeguards are entitled to two (2) fifteen (15) minute breaks within their shift. One at first half of shift and one at second half of shift. These breaks are not deducted from the number of hours the employee works. Breaks must be conducted in the park away from the tower. • Employees must not leave their assigned beach without permission from the OIC. Schedules/Leave Requests Schedules will be made by the Beach Operations Supervisor or Lieutenant and are based upon staffing needs. Staff schedules are posted two (2) weeks in advance via the When to Work app (W2W). A hard copy will be brought to the towers to use as a reference. Check the W2W app as it has the current schedule. Leave requests should be as follows. • During the months of March and April and July, staff should try to limit vacation requests as these are our busiest months. • The Beach Operations Supervisor has the authority to deny vacation requests for any operational need, including, but not limited to: o Staff shortages o Special events o Excessive time off / vacation requests. Lack of available hours o Disaster relief • A 9 -week rotation is conducted for full-time staff to pick their time off. Three (3) guards are allowed off per day on the rotational. Guards are allowed to have another guard do their picks, but approval must be given by the supervisor prior to the rotational. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 474 24 • Vacation/Time off requests must be submitted via the W2W app no later than Thursday before the schedule is posted. Guards are allowed to request vacation / time off one year in advance to start of requested vacation / time off. The Beach Operations Supervisor and/or Lieutenant will approve via the W2W app. • Vacation / Time Off requests will be considered in the order they are received. The first person is guaranteed priority, second person is very likely but not guaranteed, third person is possible but not guaranteed and fourth person is unlikely but if schedule permits, fifth person is very unlikely to receive requested time off. • Part-time staff are required to give their budget hours in availability per schedule. • Unauthorized or excessive absences or tardiness will result in disciplinary action, up to including termination. "Excessive" is defined as three (3) or more occurrences in a ninety (90) day period. If the absence is pre -approved at least twenty-four hours in advance or if you return with a doctor's note, the absence will not count as an occurrence. • Each lifeguard is responsible for his/her entire scheduled shift and will not be allowed to leave early or come in late unless approved ahead of time by the OIC. • Once the schedule is posted, you are responsible for working your scheduled shifts. Exchanges of work location or day off switches must be done through the W2W app and approved in advanced by the Beach Operations Supervisor and/or Lieutenant. • It is the employee's responsibility to get their own substitute when switching. The OIC may deny any request as part of the OTC's discretion. • All appointments, etc., should be made on your day off whenever possible. • Shift changes should be within the work schedule and not result in overtime. • All overtime must have prior approval from the Beach Operations Supervisor. Full -Time Employees Full-time employees are those who are hired to work on a regular schedule of 80 hours bi-weekly. Full-time employees are eligible for the following benefits: • Holiday Pay at a rate of time and one half their regular pay rate for hours worked on specific holiday dates. • Annual Pay Raises - upon performance review. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 475 25 • Indian River County Benefits (see Human Resources Employee Staff Portal for list of available benefits) • Paid vacation and sick time. Part -Time Employees Part-time employees are those who are hired to work a scheduled of 24, 32, or 48 hours bi-weekly and are primary hired to work weekends and holidays. Part-time employees CAN NOT go over 30 hours a week. Part-time employees are eligible for the following benefits: • Holiday Pay at a rate of time and one half their regular pay rate for hours worked on specific holiday dates. • Annual Pay Raises - upon performance review. Holidays Indian River County observes the following paid holidays: • New Year's Day • Martin Luther King Jr Day • Good Friday • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day • Day after Thanksgiving • Christmas Eve • Christmas Day When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday. However, Indian River County may grant another day off in lieu of closing. Guards working on actual or observed holiday will be paid for one or the other as their holiday at one and one half of their normal pay rate. Holiday observance will be announced in advance. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 476 Performance Evaluation The purpose of a performance evaluation is to ensure a continued high level of performance. The evaluation process will provide an effective means of communication between the employee and his/her supervisor. 1. Written Performance Evaluation • Safety Ability to take every possible action to maintain safety and security. • Adherence to Policy and Organizational Support Following procedures, protocols, and guidelines. • Communication Skills Effectively conveying information in a clear, professional, and courteous manner. • Teamwork/ Interpersonal Skills/ Cooperation Ability to work cooperatively with others. • Attendance and Punctuality Attends work on a regular and punctual basis. • Quality and Quantity of Work Thoroughness, accuracy, and completeness exhibited in routine assignments and special projects within assigned time. • Dependability and Reliability Assumes responsibilities and ensures tasks are completed without sacrificing accuracy or quality. • Decision Making/ Judgment/ Problem Solving Identifying problems and drawing appropriate conclusions, communicating issues in an appropriate and timely manner. • Job Knowledge Depth of understanding of the content and procedures of the job. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 477 27 2. Annual Physical Performance Skills It is the policy of IRCORD to require employees to undergo and pass an annual physical performance evaluation before receiving a tower assignment. Annual physical performance evaluations are scheduled between the months of August to October and are held at Tracking Station beach over a measured course. IRCORD lifeguards are expected to maintain a high level of physical conditioning so the rigorous demands of affecting ocean rescues can be met with proficiency and with minimal injury to rescuers. Additionally, the annual performance swim evaluation facilitates compliance with the required standards set forth by USLA, the national certifying body of open water lifesaving. • Lifeguards must demonstrate the ability to swim 500 meters (550 yards), without equipment that enhances buoyancy or propulsion, over a measured course in ten minutes or less. • Lifeguards must demonstrate the ability to run '/z mile over a measure course in four minutes or less. (New Hires Only) • Lifeguards must demonstrate the ability to complete a surf rescue/medical test consisting of a 75 yd run, 75 yd swim to the manikin, bring the manikin back to shore, carry/drag the manikin to dry sand, run back tower to grab A.E.D and MED Bag, run back to the manikin and perform/answer medical procedures/questions in six minutes or less. (New Hires Only) Employee Safety Universal Precautions Lifeguards should use personal protective equipment (basic precautions) to prevent disease transmission whenever providing care, regardless of the age or appearance of the patron. Remember, people with illnesses, such as HIV, may not show any signs or symptoms. An infected child or adult may not even know that he or she is infected. Good personal hygiene, such as frequent hand washing, helps prevent disease transmission. Always wash and scrub your hands after providing care, even if you never encounter blood or other body fluids. Body substance isolation (BSI) is using all equipment and supplies that help keep you from directly contacting infected materials. This includes disposable gloves and CPR masks for giving rescue breathing. To avoid getting an infectious disease, follow the guidelines outlined in your medical training. Good work practices like the ones outlined below can help eliminate or reduce the risk of exposure at the facility: • Providing care that reduces splattering of blood or other infectious materials. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 478 28 • Remove and dispose of soiled protective clothing as soon as possible and place in biohazard containers provided. Place used needles in sharps container. • Clean and disinfect all equipment and work surfaces possibly soiled by blood or other body fluids. • Wash your hands thoroughly with soap and water or hand sanitizer immediately after providing care. • Do not eat, drink, or touch your mouth, nose, or eyes when giving first aid. Employee Health & Injuries Any injury occurring on the job, regardless of how minor it may seem, should be reported promptly by the employee to his or her immediate supervisor. The immediate supervisor will advise the employee where to go for treatment if necessary and will supply the employee with the most current employee injury report forms. Each employee determined to be at risk of exposure to blood or body fluids is offered the opportunity to receive the HBV series of inoculations. Any employee who is exposed to blood, body fluids, hazardous materials or who is otherwise injured on the job is required to report the incident to the Beach Operations Supervisor and if needed, may seek medical attention. Failure to report could result in the loss of any benefits covered by Worker's Compensation. Any employee who is relieved of duty due to an injury on the job must receive clearance from the doctor before returning to an active -duty status. Employees whose duties require them to be in the sun for extended periods of time are provided with a uniform, hat, and sunscreen. It is also recommended that lifeguards wear sunglasses with UV protection and polarization; this aids the guard in seeing through the sun's glare. The County provides Crisis Counseling and a comprehensive Employee Assistance Program (EAP) to full-time, part-time, and temporary employees and family member(s) through Health Advocate, at no cost to the employee. Health Advocate offers access to licensed mental health professionals through a confidential program protected by state and federal laws. The EAP program is available to help employees gain a better understanding of problems, locate the best professional help for their problem, and decide upon a plan of action. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 479 INDIAN RIVER COUNTY OCEAN RESCUE - STANDARD OPERATING PROCEDURES 29 480 30 Training / Equipment In Service (Group training) In-service training provides lifeguards with the knowledge, teamwork, and confidence to successfully handle an emergency. All staff will need to participate in regular in-service training to maintain all skills at a test -ready level. Training will be scheduled on a bi-weekly basis totaling no less than 16 hours annually. In- service training is intended to promote professional development, uniform operations, and increase skills and knowledge of rescues and medical scenarios. All attending personnel are expected to prepare and perform to meet training objectives. All training will be documented and logged for tracking a lifeguard's performance, skill level, and knowledge. All training is mandatory unless approved or otherwise noted by the Beach Operations Supervisor and/or Lieutenant. Individual Individual training need not be scheduled in advance and may consist of fitness training like running and swimming or other job-related skills. Lifeguards are encouraged to train daily, under established policy guidelines between 9:30 am to 11 am and 3 pm to 4:30 pm and within airhorn distance of your assigned tower. Training times are set up to give both guards ample time to train. Lifeguards may use other clothing (assigned workout shorts, board shorts) when working out, but must change back into normal assigned unform (red trunks) once training is completed. From 11 am to 3 pm both guards should be in the tower watching the water. If the beach is slow, training outside the above times may be allowed but must be approved by the on duty OIC. Standard Rescue Equipment Ocean Rescue Division standard equipment is either assigned to an individual or to a fixed tower location. Lifeguards are encouraged to become familiar with and proficient with the use of all assigned equipment. Hard and soft buoys, spinal board, radios, paddle board, fins, binoculars, and mask and snorkel are just to name a few. A supervisor is to be notified immediately in the event of damaged or lost equipment. A report detailing the circumstances shall be logged. Standard Medical Equipment First aid equipment is stored in a medical box. The box includes gloves, hot and cold packs, band-aids and Bactine spray. This box is used for minor first aid and should not have any other items in the box. BLS equipment is stored in a medical backpack. This pack includes airway devices, bandaging, trauma equipment, hazardous material cleaning supplies and other necessary medical equipment. INDIAN RIVER COUNTY OCEAN RESCUE - STANDARD OPERATING PROCEDURES 481 31 Special Equipment As special equipment is introduced into the Ocean Rescue Division operation, personnel will be authorized to use it only after having received training specific to the equipment. These items include A.E.D.s, Mega Movers, UTV/ATVs, PWC, Spare Air and specialized medical equipment. Beach Wheelchair Ocean Rescue staff will adhere to the following directives when asked by a member of the public to use the beach wheelchair. • Chair is distributed on a first-come first -serve basis. • A waiver should be completed and signed by the caregiver or individual using the chair before use. • Guards have the authority to withhold distribution of the chair for the following reasons. o Short staffing. o Incoming or forecasted severe weather conditions. o Dangerous surf or beach conditions where the use of the beach wheelchair could damage the equipment or injure a member of the public. o The beach is too busy to safely operate the chair. • Lifeguards will direct the user to return the chair back to the designated place and time. • The chair should remain close to the park boundaries. • Chair will be washed down and sprayed with approved disinfectant after each use. • Report any damage to the on -duty OIC. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 482 32 Work Area Setup, Basic Operational Approach The objective of setting up guidelines is to provide a standard system of placement for equipment and personnel to facilitate preventive actions as well as successful response to emergency situations. Tower Setup Each of Indian River County's four (4) oceanfront guarded facilities is equipped with a fixed location lifeguard tower. The lifeguard tower serves multiple functions: • Water and beach surveillance station. • First aid area. • Incident Command station. • Equipment storage area. • Public information station. The lifeguard tower is often the focal point of the customers' attention on the beach. It is a place that provides a source of information, and it is a symbol of protection for the public. Proper setup establishes both functionality and image. Lifeguard towers should be set up and flag raised to show the guards are in service by 9:10 am. At the end of the day the guards should blow a whistle or airhorn and lower the flag down at 4:50 pm to let patrons know that the guards are out of service. IRCORD lifeguards shall set up towers to facilitate the functions outlined above. Accordingly, the following guidelines apply: • Check all rescue and medical equipment daily for functionality. • Make all equipment readily accessible. • Complete equipment checklists when required and report deficiencies to supervision immediately. • Establish a cone line perimeter (safety zone) around the tower daily. • Deploy proper warning flag(s) for the current conditions and update when conditions change. • Post information on condition board and update when conditions change • Complete daily logs. • Keep the tower neat and clean. • Keep storage areas neat and clean. Additionally, all towers will be equipped with and maintain the following resource/reference materials box: • IRCORD Standard Operating Procedures Manual. • IRC Emergency Medical Guidelines Manual. • USLA Manual of Open Water Lifesaving. • Training notebook. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 483 33 • Miscellaneous handouts. Lifeguard towers are for authorized personnel only. Family and friends should never be in the lifeguards' work area and never be a distraction. Equipment Checks IRCORD lifeguards are responsible for providing a range of services including: • Water surveillance. • Emergency rescue. • Quality pre -hospital emergency medical care. • Preventive and public education interactions. To facilitate these services, it is necessary that Ocean Rescue lifeguard towers be supplied with the necessary equipment. Equipment Checks Guidelines • All medical and rescue equipment shall be checked for functionality and adequate supply by on duty lifeguards at the beginning of each shift per the check list form. • Equipment checklists shall be completed, and deficiencies, malfunctions, and/or damage shall be noted in the logbook and texted to the on duty OIC. • The OIC will deliver items that are essential, immediately. Nonessential items will be delivered as soon as possible. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES EM 34 Purpose of Water Surveillance To prevent injuries or successfully intervene before drowning occurs, the primary skill a lifeguard must employ is effective observation. Your ongoing observation of the park and water should not be interrupted by common distractions such as friends or family visiting your work area or personal phone/device use. For a more detailed explanation refer to the U.S.L.A training manual. Recognition and Assessment Guidelines Land Observations Before beach visitors enter the water, lifeguards are to assess certain characteristics that might provide indications of ability. These include: • Age • Body weight • Complexion • Behavior • Flotation Devices • Improper attire • Disability Once these signs have been recognized and assessed, the situation can be addressed with the appropriate preventive response. Water Observations Once patrons enter the water, several signs can signal problems. Lifeguards are to assess these signs, which include: • Facing shore • Low head/stroke • Waves breaking on swimmer • Hair in face • Heads together • Hand waving • Fighting a current • Erratic activity Once these signs have been presented, the situation can be managed with the appropriate preventive or rescue response. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 485 35 Drowning Presentations There are two particularly obvious signs that a person has gone beyond distress and is in imminent danger of drowning: • Double arm grasping • Climbing the ladder Once these signs have been recognized, lifeguards are to manage the situation with the appropriate rescue response. Observation Techniques Because of the sudden nature of the aquatic emergency, the area of responsibility* should be scanned completely at least every 30 seconds. Good observation techniques employ the following: • Visual Scanning Provides a systematic way of watching the area. The following are some scanning strategies: • Patterns • Grouping • Head counting • Letters • Hot spots • Unusual activity areas • Use of Observation Tools Lifeguards are to utilize Division issued binoculars to assess possible distress signs over distance. The use of polarized sunglasses is strongly encouraged. *The area of responsibility is defined as the area within the established "guarded area/unguarded area" signs in each park. INDIAN RIVER COUNTYOCEAN RESCUE -STANDARD OPERATING PROCEDURES 486 36 Preventive Lifeguarding The importance of the role of the preventive lifeguard cannot be overstated. IRCORD lifeguards utilize various tools to facilitate preventive measures. These tools include: • Posted Signs • Flags and Safety Cones • Daily Condition Board • Air Horn, Whistle, Megaphone • Weather Apps/Reports • Incident Reports • Inventory Checklists • Educational Handouts • Administrative Ordinances IRCORD lifeguards are expected to perform appropriate preventive actions daily as needed. IRCORD has adopted the saying "A dry lifeguard is a good lifeguard". This statement means that a good lifeguard prevents issues from happening and getting wet in lieu of waiting for an emergency to happen just to get a rescue. Whistle Commands One short blast — to gain a patron's attention. Two short blasts — to gain a lifeguard's attention. One long blast or 3 or more blast — emergency Hand & Flags Signals Hand Signals • One arm waving — Need back up/assistance. • Two arms waving — Need medical bag and AED and 911 called. • Closed fist behind head moving up/down — Spinal injury, bring spinal equipment. • One arm making half "O" the other arm making half "K" — OK *These hand signals should always be responded back by the other guard to show that the message was received. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES ':l 37 Flag Signals • Both flags over head pointing up — Swim out. • Both flags horizontal pointing north — Swim north. • One flag pointing up and the other pointing north — Swim out at an angle north. • Both flags horizontal pointing south — Swim south. • One flag pointing up and the other pointing south — Swim out at an angle south. • Flag held out, one pointing south and one pointing north — Swim in towards shore. • Flags crossed overhead — Stop. • Flags crossed overhead then lowered down — Dive down. Preventive Lifeguarding Guidelines IRCORD lifeguards will engage in proper preventive measures by adhering to the following guidelines: • Setup work area with all equipment checked and accessible. • Immediately report damaged or malfunctioning equipment. • Post daily conditions information on conditions board. • Post warning flags in accordance with daily conditions. • Change information on signs and flags as conditions change. • Recognize and separate permissible but incompatible activities such as swimmers and surfers or skimmers and beach patrons. • Inform the public of dangerous conditions or prohibited activity and enforce safety regulations consistently. • Use a whistle, hand flags, air horn and other communications tools to prevent imminent injury. • Identify pre -events, such as developing rip currents; developing thunderstorms; dangerous marine life; dangerous beach erosion; dangerous debris or park infrastructure, or any event that might pose a public safety hazard. • Take all appropriate preventive measures, including issuing warnings; clearing the water of patrons; clearing the beach of patrons; calling for police assistance. • Notify OIC as soon as possible of dangerous conditions and appropriate action taken. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 488 38 Rescue and Medical Operations If preventive measures fail and imminent death or injury is presented, rescue or medical measures must be performed. Incident Command It is IRCORD policy to respond to emergency incidents. To effectively manage an incident and to provide for the safety and welfare of personnel, the division will operate within the Incident Command System at the incident scene. Incident Command Procedures • Fix responsibility for command on a certain individual. • Ensure that an incident commander is always available. • Establish an effective organization defining the activities and responsibilities assigned to the Incident Commander (IC) and to the other individuals within the Incident Command System. • Provide a system to process information to support operation management, planning and decision-making. Incident Command Responsibility The Incident Commander is responsible for the completion of the Tactical Objectives • Rescue the endangered and treat the injured. • Stabilize the incident and provide life safety. • Provide for the safety and welfare of personnel. Function Of Command The functions of command define standard activities that are performed by the Incident Commander: • Assume command and establish an effective operating position. • Initiate, maintain and control the communication process. • Identify the overall strategy, develop an incident management plan and assign personnel consistent with plans and standard operating procedures. • Develop an effective Incident Command organization. • Review, evaluate, and revise (as needed) the incident management plan. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 489 39 Transfer Of Command The following guidelines outline the transfer of command: • The lifeguard at the scene will automatically assume Command. • Before Command is transferred the lifeguard being relieved will brief the OIC assuming Command of the following: o Incident conditions. o Status of incident. o Safety considerations. • Command is only transferred when the transfer process has been completed. Water Rescues • Recognize and Respond • Contact and Control • Signal and Save Standard Rescue Guidelines For all standard rescues the following guidelines apply: • Lifeguard recognizing incident responds to effect rescue. • Second lifeguard assumes incident command (IC). • IC initiates emergency radio transmission as follows: transmit name of park, "rescue in progress," number of lifeguards responding, number of victims*, and specific location of incident. • IC monitors radio transmissions, monitors the progress of rescue, watches swimmers and beach patrons in assigned areas, and transmits successful completion of rescue. • Rescuer contacts and stabilizes victim with Rescue Flotation Device "RFD", signals and saves victim, and assesses victim for medical complications. • IC documents rescue information in rescue report. *If more than one victim, IC may become second rescuer. When it is necessary for IC to become a second rescuer, the following guidelines are standard: • IC, via radio, indicates the need to join the first rescuer in the rescue, calls for back up and becomes second rescuer. • Second rescuer blows air horn and posts double red flag and points daily flag in general direction of rescue. • Second rescuer brings additional equipment as needed. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 490 40 • OIC or next arriving lifeguard assumes incident command once arriving on scene. Responses Outside Guarded Area It is the policy of IRCORD to respond to emergencies outside the assigned area in accordance with the defined procedure. Some patrons will use the Secondary area (Unguarded Area). Lifeguards cannot rely on whether the patron is aware that the area is "unguarded." Lifeguards should strive to proactively manage the secondary area to assure general safety, but the primary area (guarded area) should always take precedence. For those patrons who access the beach through the park and move just outside the signs, the lifeguard shall take preventive measures by asking swimmers to move close to the tower whenever it is necessary for general welfare and safety, and whenever it is possible to do so. In the event of an emergency outside the "guarded" area, the lifeguard will respond following either the standard or special rescue guidelines outlined below. Special Rescue Guidelines Non-standard or special rescues are incidents that require additional personnel and/or specialized equipment. Special ocean rescue operations include: • Multiple Victim Incident • Submersion • Spinal Injury in the Surf Environment • Boating/PWC Accidents • SCUBA Rescue • Shark Bite Incident • Surfing/Kite-Boarding Rescue The guidelines for standard rescue apply for special rescue operations, with specific modifications as outlined below. Multiple Victim Incident Guidelines • Multiple victim incidents are transmitted via radio, following emergency radio transmission guidelines. • Rescuer(s) bring additional flotation devices as needed. • Conditions permitting, rescuer(s) may deploy rescue board to stabilize as many victims as possible. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 491 41 • An RFD may be left with one victim while the rescuer swims or paddles to stabilize a second victim. • OIC or next arriving lifeguard assumes incident command and calls for back up and ALS as needed. Submersion (Search & Recovery) Guidelines Witnessed submersion • For code X or witnessed submersion, incident is transmitted via radio following emergency radio transmission guidelines. OIC notes time, calls ALS, deploys additional personnel to scene. o Both rescuers begin INITIAL SEARCH. o The last seen point is fixed using cross bearings. • First rescuer begins quick dive series; second rescuer sets buoy marker and joins in quick dives until full search is undertaken. • Upon arrival, OIC assumes incident command and organizes FULL SEARCH: o IC establishes Search Zone. o IC establishes Search Pattern. *Spare air devices are available at each beach for longer underwater times. Only trained guards are allowed to use. Non -witnessed (Reported) Submersion • If the report is credible, follow the above guidelines after relaying, via radio, relevant information, including: • Name, age, and sex of person missing. • Name, address, and phone number of the person reporting submersion. If the report is questionable, gather information. Do not begin water search operation until directed by OIC. Recovery of a Viable Victim The following guidelines apply for submerged victims who are recovered within 15 minutes, or when total submersion time is uncertain: • Bring victim to surface and signal for resuscitation. • Use RFD to support the victim. • Open the airway and check for breathing. • If there is no spontaneous breathing, attempt to ventilate for approximately one minute. (12-16 adults, 12-20 child) INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 492 42 • If transport to shore is expected to be 5 minutes or less, effect rescue while ventilations are continued, or stop every 1-2 minutes to ventilate for one minute. • If transport to shore is expected to be more than 5 minutes, continue ventilation one additional minute in place, check for spontaneous breathing, and, if none, continue to ventilate every 1-2 minutes during transport. Spinal Injury Management Guidelines In any water depth, the following guidelines apply for managing spinal injured victims in the surf: • Primary rescuer applies the appropriate c -spine immobilization technique to maintain in-line stabilization and rolls the victim to a supine position to assess airway. • Second rescuer transmits the incident via the radio, following emergency radio transmission guidelines, notifies ALS, and brings backboard, radio and EMT bag to the scene. • The victim is removed from the surf by both rescuers, feet first whenever possible. The victim is placed on the backboard and assessed for vitals. • The supervisor responds to the scene to assume incident command and keep water closed until medical is over. • Transport from the beach is coordinated with ALS via Incident Command and Emergency Medical Guidelines. SCUBA (Diver) Rescue Guidelines The following guidelines apply for rescuing divers with SCUBA: • Diver Rescue Incident is transmitted via radio, following emergency radio transmission guidelines. • If another diver reports an incident and the exact location of the victim is unknown, follow Search and Recovery Guidelines as outlined above. • When the diver is located, follow the Recovery of a Viable Victim Guidelines with the following modifications: o R — Release Weight Belt. o A — Assess; Diver may be breathing; Leave mouthpiece where it is. o B — Bring Diver to surface holding BCD and tank valve. o I — Inflate BCD using power inflator or oral inflation tube. o B — Begin Rescue Breathing if necessary. IRCORD lifeguards shall advise ALL divers/snorkelers of the necessity of having a DIVE FLAG before entering the water. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 493 43 Shark Incident Guidelines When a shark is sighted near patrons, the water shall be cleared, and a double red warning flag shall be posted until the immediate threat appears to have abated. The OIC shall be immediately notified of the incident and the action taken. If a shark bite occurs, the following guidelines apply for the response of lifeguard personnel: • The Shark Bite Incident is transmitted via radio, following emergency radio transmission guidelines. • Lifeguards immediately clear the water and post a double red flag. • If the shark bite appears to be a typical single hit and run incident, if a rescue or assist is needed, and if the rescuer considers it safe, the rescue can be made using the best available protective equipment. • If the incident appears to be a prolonged attack, the rescue should only be attempted using protective equipment. (Rescue board, PWC, IRB) • OIC notifies Department Head and/or County Administration Once the victim has been evacuated to safety, appropriate medical care shall be rendered. Boating / PWC / Surfing / Kite -surfing Rescue Guidelines Accidents involving motorized or non -motorized watercraft present a possible range of injuries including drowning, spinal injury, blunt head trauma, severe bleeding, and more. In any situation involving a watercraft related injury, the special rescue guidelines outlined above for a specific injury or response shall apply. Additionally, the following guidelines apply: • In the event of a boating or PWC accident, the IRCORD OIC shall establish coordinated rescue efforts with IRC Emergency Services. • In the event of a kite -surfing incident, an effective rescue can be made using a rescue paddleboard if the incident is offshore. For offshore rescue the following guidelines apply: o Always avoid kite lines. o Help the victim deflate and secure the kite and kite lines. o If the victim is unconscious, approach from side and cut any three lines from the kite bar, detach control bar from victim (unhook and release snap shackle) and follow appropriate rescue guidelines. INDIAN RIVER COUNTYOCEAN RESCUE- STANDARD OPERATING PROCEDURES 494 44 • If a runaway kite is coming ashore, approach kite from side, grab by one wing tip only, disconnect lines and deflate. Missing Persons Incident Guidelines For a missing person(s) the following guidelines apply: • Gather information from the person reporting the incident and note it on a missing person report form. • Transmit via radio pertinent information to OIC. If needed, the OIC will notify law enforcement. • OIC shall enlist the help of the ATV lifeguard, if available. • If two or more people are looking for the missing person(s), ask one to remain at the last seen location. • Conditions permitting, one lifeguard may assist in the search within the park area. The second lifeguard will continue with water surveillance. • If it is apparent that a water search is warranted, follow the non -witnessed (reported) submersion guidelines. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 495 INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES w 496 46 ATV/UTV OPERATING GUIDELINES The All -Terrain Vehicle (ATV) or Utility Task Vehicle (UTV) is an emergency vehicle that offers the advantage of increased speed and range. Modified, it can be used to both transport rescuers to an incident and victims to an ALS unit. Standard equipment for an IRCORD ATV/UTV includes: • Rescue Tube and Rescue Can • Medical Equipment • Hand-held Radio • VHF Radio • Rescue Board • Spinal Board ATV/UTVs also provide a risk factor when operating. Risk of injury to oneself or others. Safe operation will be key to a positive outcome in any scenario, emergency, or non- emergency. In the use of an ATV/UTV, the following guidelines apply: • Only trained personnel should use an ATV/UTV. No ATV/UTV shall carry a passenger except when being used for patient transport or other Ocean Rescue personnel. • It is the responsibility of the assigned ATV/UTV lifeguard to check vehicle for function, to check standard equipment, to clean the vehicle, and to log pertinent information in the ATV/UTV log. • Each lifeguard should have County issued personal rescue equipment with them when on ATV/UTV duty. • Under normal operation (not an emergency) the ATV/UTV must remain under 20 mph. When near beach patrons, the ATV/UTV must slow to below 10 mph. Operator must "Always" stay vigilant in scanning for patrons and hazards such as holes, ruts, or other obstacles. • Lights and siren should be used when responding to an emergency to notify patrons of your intentions to avoid accidents. Always give beach patrons the right of way. Even under an emergency, the operator should remain at a safe speed to the conditions present and number of patrons in the area. • Avoid the following conditions when possible. o Driving through salt water o Running over debris/seaweed o Navigating steep hills/dunes o Riding on pavement INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 497 47 ATV/UTV End of Use Care The ATV/UTV's care is essential in maintaining its usability. The following steps should be taken after each use. • Keep the unit running while washing. • Remove equipment and medical boxes. • Spray water to remove sand. • Fill Salt Away nozzle chamber and spray unit completely then rinse. • SPRAY approved soap/cleaner on entire unit then rinse. • Spray CRC 6-56 lubricant on moving parts. • Spray CRC corrosion inhibiter on nuts and bolts when needed. • Replace equipment and top off with gas. • Store in shed. Keep key in unit. *Use low water pressure when spraying under the hood. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 498 48 Report Writing IRCORD logbooks and reports are legal documents, which may be publicly inspected or used in criminal or civil court cases via a public records request. IRCORD lifeguard logbooks are supplied with various forms and reports including: • Daily Activity Log Report • Inventory Checklists • Rescue/Medical Report • Missing Person(s) Report • Police Report • Beach Activity Form • ATV/UTV Report • ATV/UTV Sign In/Out Sheet • OIC Report • Beach Wheelchair Form Report Writing Guidelines: • Forms are to be completed as soon after the event as possible. • Forms should be legible. • Forms should be complete and contain all the information outlined in the form. • Report numbers consist of: o Type: Rescue (R) or Medical (M) or Beach Activity (BA) or Police Report (PR) or Missing Person (MP) o Two -digit year o Two -digit month o Two -digit day o Beach letter o Chronological number of same type of report for that day. Examples: RC211012-W-1, M240102 -GS -2, BA200423- RI -2, MP190203-TK-1 If necessary, take information on scrap paper before writing the report to minimize errors. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 499 M Tropical Storm/Hurricane Guidelines Prior to a storm watch or warning, the Beach Operations Supervisor will: • Coordinate with Emergency Services in preparedness efforts. • Determine safe locations for IRCORD tower equipment. • Develop an adjusted schedule and a special assignment sheet. When a Tropical Storm or Hurricane watch is issued, the following guidelines apply: • OIC will contact off duty personnel for schedule changes and/or special assignments. • On duty personnel will adhere to a regular schedule until informed of changes by the Beach Operations Supervisor. When a Tropical Storm or Hurricane warning is issued, the following guidelines apply: • OIC and lifeguards will close parks and transport tower equipment to safe locations. • IRCORD personnel will begin special assignments as instructed by the Beach Operations Supervisor. These may include answering phones at the E.O.C., working in a Special Needs shelter or manning the gates to notify patrons the Park / Beach is closed. • The on duty OIC will determine when it is unsafe for guards to man the gates and will make the call to release staff from duty. • All guards will be off the island before winds are sustained at 40 MPH. • The County will make the determination if or when the parks can be reopened. • If Park is closed, towers will remain shut with NO flags flying. • If guards are required to work gates due to the park being closed, they will notify patrons that the park/beach is closed. The OIC will request Close Patrol from local law enforcement. If patrons then continue to enter the park/beach, guards should notify the OIC and law enforcement for noncompliance. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 500 :37 Contraband / Medical Waste / Hazardous Materials Guidelines These procedures are to be followed by staff when contraband/hazardous materials are reported or discovered on the beach or beach parks of Indian River County. • Items defined as contraband/hazardous materials shall include marked and unmarked, sealed, and unsealed containers or packages; any medical waste; and military hardware including shells, missiles, ammunition, and flares. • When any contraband/hazardous materials are discovered or reported, contact OIC immediately for directive. If told to contact 911 dispatch, they will contact the appropriate agency for contraband/hazardous waste removal. *Except needles • Military hardware may be explosive and should not be moved or touched. Keep patrons away. • Any package or container should be considered potentially dangerous and should not be moved or touched if possible. • Packages/containers will not be opened to inspect, drained, punctured, or smelled. Contents and vapor fumes should be considered dangerous, STAY UPWIND if applies. • Do not allow patrons to examine or handle contraband/hazardous materials. Flag off area or close if necessary. • When a representative from a responding agency arrives at the scene, give them all the information and report back to your assigned station unless requested to stay on scene. • Report follow up information to your supervisor and fill out the proper incident report. • Put sharps in a marked sharps container. When the container is full, notify OIC for disposal and container replacement. • Guards should use the biohazard kit to clean up large amounts of blood and turn over to OIC for disposal and kit replacement. *Always use proper Personal Protection Equipment (PPE). INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 501 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 51 502 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 52 503 53 Marine Hazards Rip Currents • Rips generally look different from the surrounding water and are usually visible from the guard tower. • Fixed and permanent rips generally pull the hardest at low tide. • Components of rip o Feeder o Neck o Head. • Usually swimming parallel to the beach with the prevailing lateral current is the best way to escape a rip. • Majority of rescues and drownings occur in the neck -fastest moving water. • Rips can be used by a lifeguard as the fastest way to get out to a victim. • Rescues and drownings are in direct correlation to onshore or easterly winds and rip currents. • Most rip current episodes have been recorded as averaging 5-6 days, with the deadliest days being the second or third day when winds were averaging 13 knots. Causes and Characteristics of Rip Current A rip current is a current running from shallow water near the shoreline out to sea. They cause about eighty percent of the near drownings. • Repeated surf action causes wave after wave to break and force the piling up of water close to the shore. This action creates a difference in water level between deep water and shallow water. The result of the difference in water levels is a current of water returning to sea since water seeks its own level. • Heavy surf cuts channels and holes in the sandy ocean floor. • Water returns faster and in great volume in these holes and channels and creates stronger, harder pulling rip currents. • Continued rip current action in the same location deepens existing holes and forms stronger, longer rips. • Rip currents of this type may be recognized by their action on incoming waves in that they tend to flatten the wave out in their path, the waves remain at their normal height on either side of the rip. • Frequently the rip will prevent the wave from breaking. • Many rips cause incoming waves to be "V" shaped at the center of the rip. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 504 54 • The water in a rip current is generally discolored and has a dirty sandy appearance. This is caused by churned up sand carried by the current of water moving to sea. • Occasionally white caps will form in the center of strong, fast-moving rips. • Ripples and currents, like river currents, are apparent in most rips. • Occasionally the rip will pull so hard that the crackling and roar of the moving water can be heard from the beach. Groins or piers extending out into the surf by obstructing a lateral current and forcing the current seaward may also cause rip currents. These obstructions will cause ocean currents to cut channels and holes in the ocean bottom, thereby increasing the rip current action. A large wave sweeping up the beach farther than the others may cause a temporary current condition by the increased volume and spread of its return into the surf. Shore Break & Backwash • Both occur on steeply inclined beaches, normally strongest at high tide. • Shore break — large plunging waves that break in shallow water or on the beach. • Backwash — the water of the breaking wave returning seaward gains momentum on the steep incline and returns with gathering force to the surf. • Shore break and backwash present the greatest threat to the elderly and the very young people who may be in shallow water near shore. It will knock them down or pull their feet out from under and drag them into the surf. Lateral Currents (Long Shore Current) • Normally run parallel to shore and perpendicular to the direction at which waves approach shore. • Lateral currents can often feed into rip currents, which will drag a swimmer out past the surf. Drop Off • Caused by wave action. • Happens at almost every beach. • May cause elderly and very young patrons to lose their balance and fall into the surf. • Constantly changing size and shape. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 505 55 Heavy Surf • Breaking waves close to the shore is dangerous because it will build up and smash on a bather in shallow water, knocking them down and rolling them around in the surf which may cause injury • When breaking out away from the beach generally causes rip currents and creates a particularly dangerous condition when there are occasional lulls. During these lulls, a rip current may sweep a bather out into or through the breaker line, and then the surf may start crashing again. Storm Swells (Long Period Swell) • Originate in deep water thousands of miles at sea. • These swells are caused by extreme high winds and high or low-pressure areas at sea. Red Tide Guidelines IRC Ocean Rescue Division will keep patrons and visitors of Indian River County beaches aware of Red Tide episodes. During red tide episodes the following guidelines apply: o The Beach Operations Supervisor will track Red Tide via NOAA, Florida EPA, and the Department of Health websites. o Protective masks with attached respirators will be issued to IRCORD personnel. o Visitors will be notified of conditions through beach conditions signs and personal contact. o If DOH issues a directive to close beach facilities, IRCORD will enforce the directive. INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 506 INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 507 57 Marine Life Hazards Portuguese Man -o -War / Jellyfish • Easterly winds bring man -o -war / jellyfish to shore and can be present anytime of the year. • Contact with tentacles produces burning pain, welts, anaphylactic shock on occasion, and the possibility of muscular cramping, nausea and vomiting and respiratory difficulty. • Tentacles can break off and get mixed with seaweed and still sting patron. First Aid o Ask if patron has ever had an anaphylactic reaction before. If so be prepared to call 911. If not, • Wash the area thoroughly with salt water. • Spray area with sting relief agent. • Remove tentacles (do not rub) with paper towels or objects other than bare fingers. o Spray area again with a relief agent. o Apply hot packs if needed. Sharks • If a shark is sighted in park, all bathers must be called from the water • Double Red flag should be flown. • Wait at least 30 minutes after the shark is last seen before allowing swimmers back in the water. First Aid • Stop bleeding. Use a torniquet if necessary. o Vitals o Treat for shock o Call EMS Baitfish • Schools of small fish by themselves do not present a danger to bathers. However, if there is a lot of splashing and fish jumping out of the water, this is an indication that larger fish (sharks, barracuda, bluefish, tarpon, etc.) are feeding on the school. • The same procedure for sharks should be followed if this is the case. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 508 58 Weather Guidelines Storms • May approach rapidly and with little warning. • May produce severe winds, rain, and lightning. • Be prepared to close the beach and tell patrons to take shelter. Lightning • At the first sound of thunder, prepare to clear all patrons from the water. • As a thunderstorm approaches clear all patrons from the water and beach when the storm is within (6 miles - 30 second count) of your beach. This can be determined by counting after you see the flash until the sound of thunder and then dividing it by 5, for every 5 count that equals 1 mile. • Raise the Double Red flag and clear the swimmers of the water. Advise people to take shelter in their cars or leave the area. • Report closing the area to the OIC via the radio. • It is recommended to evacuate the lifeguard tower as soon as possible during an electrical storm. • Do not allow patrons back into the water for a minimum of 30 minutes after the last visible sign or sound of the storm. • Guards should always follow good scene safety practices. * Make every effort to clear the water and area, but do not put yourself in danger of being struck. Strong Winds • Will cause an item to be blown away and may cause injury to the public. • May cause the sand to blow into patrons' eyes and cause injury. • Will cause the water to become choppy. Fog • Will cause decrease visibility. • Double Red flag should be flown during thick fog banks Waterspouts / Tornados • If seen notify the OIC immediately. • Be prepared to close and evacuate the area. • If the waterspout makes landfall, it becomes a tornado and may cause severe damage. Be ready to help with medical and clean up duties. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 509 59 Ordinance Enforcement It is the policy of the IRCORD to enforce the County ordinance(s) related to beaches and beach activity. Indian River County Code of Ordinances, Chapter 205.03, sets forth the rules and regulations governing prohibited activities within parks. IRCORD lifeguards should have knowledge of the prohibitions so that they can inform beach patrons of the law and thereby promote safe and enjoyable activity within the parks and beaches. Procedure • When a lifeguard notices a violation of the park's ordinance, the lifeguard shall, whenever possible, inform the patron of the violation. • If the patron ignores, refuses to comply with the law or becomes argumentative, the lifeguard shall notify the OIC and may choose to exercise authority under 205.03(7) to call law enforcement. • If the activity poses an imminent threat to the safety of beach patrons, the lifeguard may exercise authority to have the violator ejected from the park. • Lifeguards should be courteous and tactful when engaging the violator; at no time should lifeguards engage in argumentation or physical altercations with a violator. A few examples of ordinances that IRCORD lifeguards frequently encounter and may need to enforce. (12) Removal of natural resources. No person in any park or recreational facility shall remove any beach sand, whether submerged or not, any soil, rock, stones, plants, wood, or any other material whatsoever from any park or recreational facility, or make any excavation by tools, equipment, blasting or other means in existing material in park or recreational facilities. (15) Signs. No person shall post or affix to any tree, shrub, plant, fence, building, structure, monument, wall, table, apparatus, bridge, post, bench, corral, gate, or any other physical object any sign, poster or other printed or written matter in any park or recreational facility. (21) Water activity. No person shall swim, ski, dive, surf, scuba, fish or use boats in any area, in any park or recreational area unless such area is specifically designated for such purpose. No person shall surf unless his surfboard is equipped with a leash and attached to the surfer. All persons shall obey posted waterfront rules. (22) Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (25) Dune line crossing. No person shall cross, walk through, or be situated upon any part of the ocean dune line, except at designated crossover points and boardwalks. (26) Alcoholic beverages. No person shall bring alcoholic beverages into any park or recreational facility or drink alcoholic beverages at any time in a park or recreational facility. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 510 W1, No person shall enter or remain in any park or recreational facility while under the influence of intoxicating liquor. (28) Smoking. Smoking at any public beaches and county owned public parks shall be prohibited. This does not apply to the smoking of unfiltered cigars. INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 511 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY ATVIUTV NARRATIVE REPORT FORM Report # Time AM PM Date Description Of Incident and Location: Outcome: INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 61 512 Beach Conditions: Flag(s): Green Yellow Purple Red Double Red Wind: dir. mph Water Visibility: Good Fair Poor Surf: Calm Swell Choppy Rough Wave Height: ft. Rip -Currents Shore Break Current Direction: North ------ South Narrative: HX (Chief Complaint and History): OBS (Observations)/Activity Observed: PE (Physical Exam): TX (Treatment)/Performed: REA (Re-assessment)/Outcome: Medical Supplies Used: Used Quanti Used Quanti A.E.D. Pads Band-Aid Regular / XL Cold Compress Gloves (pair) Bactine (sprays) Splint Rescue Blanket H2O2 (caps) Oxygen (psi) Nasal Cannula Suction Completed By: Kling Gauze Hot Pack Glucose Tape (inches) C -Collar Ad/Ch/In Exposure Control Kit BVM Ad/Ch/In iGel / Oral / Nasal Airway Non -Rebreather Ad/Ch/In Other: Daily OIC Name: INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 62 513 INDIAN RIVER COUNTY OCEAN RESCUE 87Vffry Sign U✓Qut__.__. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 514 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY BEA CHA CTIVITY FORM BEACH: RI TK W GS Report #: Name Of Organization: Name of Group Leaders on Location: Head Contact Person: Phone M Date: / / Total Group Size: Other Contact Person(s): City / Town: Number Of Leaders, Councilors, Instructors or Teachers: (One leader/chaperone per 15 swimmers required) Ratio Of Supervisors Per Group: Age Range of Group: Swimming Ability of Group: Varies Non -Swimmers Poor Fair Good Buddy System in Use: Yes No Partially Unaware Time Arrived in Park: Time Group will Depart from Park: Time Arrived at Beach: Time Group will Depart from Beach: Future Schedule to Beach / Park: Lifeguard Comments: INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 64 515 This Beach Activity Form is used to provide the utmost in safety when large groups of people are within proximity to the water at an Indian River County beach park. Please fill out the form above and after reading the rules below, please sign. Rules: The group should follow all directives by the on -duty lifeguards. The group should swim near the lifeguard's tower when possible. All tents and umbrellas should be kept back away from the water so lifeguards can see the water's edge. Check the condition board and flags before entering the water. The Buddy System should always be in use, including going to the restrooms. Parking is allowed only in designated areas, parking in grass or mulched areas is not permitted. No fishing within park boundaries The group is responsible for the complete clean-up of the area after their visit. This clean-up will include all foreign matter that has been transported to the area by the group or its guests. The parking area should be included in the clean-up process. All refuse will be placed in authorized receptacles or completely removed from the park. All dug holes must be filled in when leaving the beach. No alcoholic beverages may be consumed in the park or on the beach. No pets allowed in the park or on the beach. No loud music or other objectionable noise or amplification is permitted without prior permission and proper permits. All children will be closely supervised by an adult while at the beach and especially near waters edge. The group leaders are fully responsible for the actions of all members and guests associated with this group and for ensuring compliance with all laws and ordinances that are in effect for this beach park. Indian River County assumes no liability for injury, death, or loss of personal property. Any minor child on the beach is the responsibility of the minor child's parents, guardian, or chaperone while on the beach participating in group activities. I acknowledge the Indian River County Beach Rules and fully understand my responsibility to inform all group members of these rules and to ensure that group members comply with these rules. Group Leader Signature Date INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 65 516 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY Beach Accessible Wheelchair Use Agreement BEACH: RI TK GS Report #: Name of Chair Attendant (18 or older): Phone #: (� - Checked out time: Comments: Lifeguard Name: Date: ID/DL #: AM PM Returned: AM PM Users MUST read and sign waiver on the reverse side of form. INDIAN RIVER COUNTYOCEAN RESCUE -STANDARD OPERATING PROCEDURES 66 517 67 In consideration of using the Beach Accessible Wheelchair, it is agreed as follows: 1. Access & Return of Beach Accessible Wheelchair. Beach Accessible Wheelchairs shall be issued on a first-come, first-served basis only. The Beach Accessible Wheelchair may be picked up at the Lifeguard Tower between the hours of 9:30 am — 3:30 pm. User agrees to return the Beach Accessible Wheelchair by 4:30 pm, in as good condition as when it was received. User will be liable for damages or the full replacement cost of the Beach Accessible Wheelchair if not returned. Copy of an official state issued ID is required for use. 2. Inspection of Beach Accessible Wheelchair. User acknowledges that he/she has inspected the Beach Accessible Wheelchair prior to its use and finds it in good working condition and suitable for use. 3. Safe Operation & Use. Users must abide by the following requirements for the safe operation and use of the Beach Accessible Wheelchair: • The Beach Accessible Wheelchair user is required to always have an attendant(s) present while in use. Attendants and users should not undertake tasks beyond his/her ability. • Per manufacturer's recommendations, a weight limit of 300 lbs. shall not be exceeded. • Use caution when entering the water with the Beach Access Wheelchair as it is not a floatation device. • The County assumes no liability for user's lost or stolen personal items left unattended. 4. Assumption of Risk. User agrees to use the Beach Accessible Wheelchair at his/her own risk. User acknowledges that the operation and use of the Beach Accessible Wheelchair carries with it certain inherent risks and care must be taken to avoid injuries. 5. Indemnity/Hold Harmless. The undersigned, as either user, attendant or parent/guardian of user, hereby agree to indemnify and hold harmless Indian River County, Florida (the County), their elected officials, agents, employees, and volunteers from all claims, demands, liabilities, and suits of any nature, whatsoever arising out of, because of, or due to the use of the aforementioned equipment, or due to any act or occurrence of mission or commission of the applicant, its agents or employees. 6. Acknowledgement of Understanding. I have read this Use Agreement and fully understand its terms including the safe operation and use of the Beach Accessible Wheelchair. User's Signature: Date: INDIAN RIVER COUNTYOCEAN RESCUE—STANDARD OPERATING PROCEDURES 518 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY DAMYINCIDENT AND LOG REPORT Date: / / Day: SMTWTF S Beach: RI TK W GS c December 2023 > F 1 3:58a 0.3 10:18a 3.7 4:9p 0.9 1025p 3.4 Hazards' Bait Fish Debris Drop Off, Uneven Bottom, Sa 2 4:448 0.6 11:038 3.6 5:119p 0.9 11:14p 3.2 > > Su 3 5:34a 0.7 11:48. 3.4 6:15p 1.0 ... - Rip Currents, Sand Bar, Shore Break, Longshore Current, M 4 12:05a 3.1 6:28a 0.9 12:34p 3.3 7:12p 1.0 f Jllfih FO Strong Winds, Rough Surf, Jellyfish, MOW Tu 5 1:008 3.0 727a 1.0 124p 3.2 8:05p 0.9 g r r r , g, W 6 157a 3.1 8:23a 1.0 2:15P 3.2 8:53p 0.7 Lightning, Heavy Rain, Predatory Fish, Shark, Sea Lice, Th 72:55a 3.2 9:14a 1.0 3M5p 3.2 9:38p 0.6 Other: F 8 3:49a 3.3 10:05a 0.9 3:54p 3.2 10;21p 0.4 Sa 9 4:40a 3.5 10:51a 0.8 4:43p 3.3 11:02p 0.2 Su 10 5:29a 3.7 11:33a 0.6 529p 3A 11:46p -0.0 M 11 6:16a 3.8 12:17p 0.5 6:18p 3.5 ... Tu 12 12:28a -0.2 7:02a 4.0 1:00p 0.4 7:02p 3.6 W 13 1:12a -0.3 7:49a 4.0 1:45p 0.4 7:50p 3.6 Th 14 1::59a -0.4 8:368 4.0 2:32p 0.3 8:40p 3.7 Incidents: Minor Medical, Major Medical, F 15 2:48a -0.4 9:25a 4.0 323p 0.3 9:31p 3.8 M15Sm Person Lost and Found Rescue g Sa 16 3:40a -0.3 10:14a 3.9 4:16p 0.3 10:26P 3.8 , Su 17 4:37a -0.1 11:05a 3.8 5:15p 0.2 11:26p 3.5 Response, Police Called, Log Report, M 18 5:38a 0.1 11:58a 3.7 6:18p 0.2 ...... Other: (Cont. Over) Tu 19 122 8a 3.5 6.42a 0.2 12:53p 3.6 7:21 P 0 .0 W 20 1:34a 3.5 7:49a 0.3 1:51 p 3.5 822p -0.1 (Please list report #'s in comment section on reverse side) Th 21 2:40a 3.6 8:52a 0.4 2:50p 3.4 9:19p -0.2 F 22 3:42a 3.6 9:50a 0.4 3!49p 3.4 10:12p -0.4 Sa 23 4:40a 3.7 10:45a 0.4 4:45p 3.4 11:03p -0.4 Su M 24 25 5:35a 3.8 6:25a 3.8 11:36a 0.3 12:23p 0.3 5:37p 3A 625p 3.5 11;53p ... -0.5 Beach: Tar, Seaweed, Debris, Wood, Ledge, Tu 26 12:40a -0.4 7:09a 3.7 1:09p 0.2 7:12p 3.5 Other: ( Cont. Over) W 27 1:24a -0.4 7:52a 3.7 1:53p 0.3 7:55p 3.4 Th 28 2:07a -0.3 8:32a 3.6 2Z5p 0.3 8:37p 3.3 F 29 2:49a -0.2 9:12a 3.5 3:18p 0.3 9:17p 3.2. Sa 30 3;30a -0.0 9:50a 3.4 4:00p 0.4 9:59p 3.1 Su 31 4:11a 0.1 10:28a 3.3 4A3p 0.4 10A0p 2.9 84- m High Tides. Gray +Low Tides. Red: Vey :Lo- Tid" Temp: Air: Water: Water Visibility: Good Fair Poor (ft.) Surf. Calm, Swell, Lt. Med. Hv. Chop, Very Rough, Shore Break (ft.) Waves (ft.) Lateral Current: North ----- South, Slight, Mild, Strong Winds: Weather Conditions: Velocity: (mph) 9 10 11 12 1 2 3 4 5 Gusting: (mph) (Partly) Sunny: Cloudy: Rain: Lightning: Flag Flown: Green: Yellow: Purple: Red: Double Red: Name of Guard(s): North West East South Time on Duty: Times To Times To Times To INDIAN RIVER COUNTYOCEAN RESCUE -STANDARD OPERATING PROCEDURES 68 519 Beach Attendance* Month's Total Today's Total Total to Date Primary Area (Guarded Month's Total Today's Total Total to Date Secondary Area (Unguarded) Swimmers* Month's Total Month's Total Today's Total Today's Total Total to Date Total to Date *Attendance /Swimmers count should be taken on the hour. PA's Major Medicals Month's Total Month's Total Today's Total Today's Total Total to Date Total to Date Rescues Missing Persons Month's Total Month's Total Today's Total Today's Total Total to Date Total to Date Comments / Remarks/ Report #'s: Minor Medicals Month's Total Today's Total Total to Date This log is a legal document. Please remember to keep the information you provide at a professional level. INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES .30 520 _ ENDIAN RIVER COUNTY OCEAN RESCUE/ WATER SAFETY Month- October . Beaelk RI TIC W G Yea: 200 ! ter ToE meat lave 1 ` FT J When out thea Int a check mark in the box if the is met. If the item is below m*psted amount orbut still usable put an R in tox. he bIf the item is out or Can not be used an _broken ox. in the bN ' the for either an R or RX and then ckcb it Item: JµJ - f 1 2 3 415 6 7 8 9 10 11 12 13;1115116 17 18 19.20 21122 23 24 25 26 27.28 29 301311 Tube. B 11j Cali B 1 s Backboard - i - t Adult C -Collar Chitd/Infant C -solar A.E.D. Check For Bbidog t3reen _ A.E.D. Pelican Baas ° NARCAN A"Child Pad _ Radio_ 1 1 Radio ChaW 1 2 E.M.T. B First Aid Boat Cell Phone_._' Cable Green Yellow ' 1 _4 P Fla RedFlag - Double t s } -+ j 4 T Condition S' 9 (Rescue Board _ 4. ..i ..:�... 3 -.:. 3 �E i Safety Cones Marker Buoy a BOOki� Pens 2'.. € E f Broom 17-1 Hand Broom ; 'Heaton t �i_:_A__ �_ __.. -__, 1 41 , S s t ' i ! INDIAN RIVER COUNTY OCEAN RESCUE -STANDARD OPERATING PROCEDURES 521 finsrentl�nre �rrt) _T._ I++1I 1 .1 1 i WhenHHE- out the list e a check mark m the boat if the ` is met If the item is bek W tine suggested amount or broken but std usable put an R in the box. If the item is out or cannot be used an in the box Notifythe far either an R a RX ardthen circle it Item. 1j2 3 ( 4+5 6 7 8 9:110111112 13141516171819202122232425262728293031 Air Horn 3 1 } ! Lifeguard Chair Mpard Chair 2 i Chalk Bax & Chalk Hand Sanitiser i Paper Towels I Vine / Bt Bleach Spmy Disinfectant Ciarba Can s WD40 & WD40sGrew •7Y18{ilGGll Sharps Box U.S.LA. Mamml S.O.G. ltb&al ProtOCoh 1 1i Hammer Rahe ShoveScrew l BMTDrivers _.._Lk"� $g Storage Box ' t j Peroxide lA1cn-- _ chol + ; i i- _ BeachWheelchair._ r �_.... a. -j-, 3 . at G d a i[sdwdala: a m 1 3 4 5 6 7+8 9 i 10'11 12 1314 15 16 17181920 21 22 2124 25i26,27 28 29 30 31 {C i s it j f I ( 3 _s ...:_4.._ z INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 522 INDIAN RIVER COUNTY - w_ OCE RESCUE R Month: October Beach: RI: TK W G lVesor 2M. First-aid Baas ALM T Beg lave When fkng out the list pbase put a check mark in the haat if the is met. If tho item .is below the sted amount or bmkem but stM usable put an R in the box. If the item is out or can not be used aii in the box._N + the sxWVervisor for either an R or RX) and then circle it.. Item: 1 2 3 4 5 6 7 8 9101112131415161718192021222324252627Z$293031 First-aid Bax . Cold Packs Hot Packs Barptme [1] Sm Bandaids [104-] Lg Bandaids [10+] 9 t � E.KT. Ba Q11C i M i Trauma Banda [2] } ( 1 samspw Biohazard Kit [1] Tri Banda s [2] Shears Rescue Blanket [1] Cold Packs" Hot Packs_ [2] [2]} T �} .._ Glucose, Gloves [1B9] Roller Cohesive Dress _ ; j_ Gauze Pad [10]._ iGel#3 Mel#4 Mml #5 M. Child .V B.Y M::Infantf.j_---' — _._.. Nass Cam & [2]i~ 4--- � Non-Rebr Adult [2]!.. Non Rebr Chad ' 9i�[11i... Nth-Rebr t � 1 4 Nualmmays [Ill3 �Ora1 An"wa( 3'sI�I. i '.._.. SnCt10n.[1] — f - _ C.P.R. -Mask !hl -4 - INDIANRIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 523 i Fbrs�aid Baur /FLAL T B o I cant When Bring out the suMly list please put a check mark k the box if the is met. If die item is below dye suggestedamowt or broken but stM usable pA an R in die box. If the item is out or cannot be used an in the box. Notify the suWperviksoz for either. an (R) or RX and then circle it. !Item' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2122 23 24 25 26 27 28.29 30 31 Pulde Ox[1 Spare Pjtteg 2 _. Stedwsc ,B.P. tuff Adult j[11 1B.P. Cuff Child i 1 i ` i - : # - B.P. Cuff Infant 1 Me x[11 _Mover , Ili€ mep-mom _ _ /seat VYil Y3 lWdals: 1 X 314151617,8 9 1011 12113 14115116117 18 19 20 2122 23 24 25 26 27:28 29 30 31 Comme� ! ; # i t 3' } , 4 i .3 INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 524 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY MISSING PERSON FORM Report # BEACH: RI TK W GS Time AM PM Date M.P's Name: Age: Sex: M F Last First Race: Caucasian Black Hispanic Oriental Indian Weight: lbs Height: 111 Color of Hair: White Bleached Dirty Blonde Brown Black Red Gray Streaked Dark Other: Length of Hair: Long Short Curly Straight Other: Clothing: Approximate Time M.P. Was Last Seen: AM PM Was M.P. With Anyone Yes No Who: Parents Or Guardians Name: Last First Address: Notified: Supervisor V.B.P.D Other Information: Outcome: I.R.S.P.D. I.R.C.S.O. E.M.S. City Lifeguards Use back for location details: Use one form per person INDIAN RIVER COUNTY OCEAN RESCUE— STANDARD OPERATING PROCEDURES 74 525 Exact Location M.P. Was Last Seen (Use tower as reference point in diagram): Place "X" at L.S.P. (Last Seen Point) Current <------------ > Notes: Water's Edge Tower INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 75 526 POLICE REPORT FORM INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY BEACH: RI TK W GS Report # Time _ Police Case # Type Of Infraction: Description Of Incident And Location: AM PM Date Notified: Supervisor V.B.P.D. I.R.S.P.D. I.R.C.S.O. F.W.0 Witness: Phone # Witness: Phone # Outcome: INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 76 527 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY REPORT FORM BEACH: RI TK W GS DAY: SMTWTF S Report # - - Time AM PM Date Type, Year, Month, Day, Beach, Daily Number (CIRCLE) M = MEDICAL RC = RESCUE Victim: Name: Age: Seg: M F Last First Address: Phone: Refused: Treatment Transportation To Give Information To Sign Form Denied: Head/ Neck/ Back Pain Signature: Using a stationary point of origin (tower), describe exact location. For example: 20 yards south of tower and 40 yards off shore in guarded area. Location Of Incident: 1sT Responding Rescuer: EMT 21 Responding Rescuer: EMT - Back Up Lifeguard: EMT - Disposition: Patient Assessment: Rescued Signs and Symptoms: Rescue Ventilated Allergies: C.P.R. (Rounds Medications: A.E.D. (Shocks Past History: Evaluated and Released Last Oral Intake: Oxygen Resuscitation Events Leading: C — Spine / Backboard Comments: Treated and Released to Advised to see a Physician Parent or Guardian contacted Vitals: Bandaged Respiration: AB Normal Shortness Pulse: AB Normal Skin Color, Temp, Condition: Summoned Time: Arrived: Unit: Blood Pressure: 1St / 2nd / SP02: % EMS Police / S.O. Daily OIC Transported: Yes No Where: IRMC, SRMC, HRMC, LRMC INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 528 Beach Conditions: Flag(s): Green Yellow Purple Red Double Red Wind: dir. mph Water Visibility: Good Fair Poor Surf. Calm Swell Choppy Rough Wave Height: ft. Rip -Currents Shore Break Current Direction: North ------ South Narrative: HX (Chief Complaint and History). OBS (Observations)/Activity Observed: PE (Physical Exam): TX (Treatment)/Performed: REA (Re-assessment)/Outcome: Medical Supplies Used: UsedOuph11y Used Quantfty A.E.D. Pads Kling Band-Aid Regular / XL Gauze Cold Compress Hot Pack Gloves (pair) Glucose Bactine (sprays) Tape (inches) Splint C -Collar Ad/Ch/In Rescue Blanket Exposure Control Kit H2O2 (caps) BVM Ad/Ch/In Oxygen (psi) iGel / Oral / Nasal Airway Nasal Cannula Non -Rebreather Ad/Ch/In Suction Other: Completed By: Daily OIC Name: • Please notify OIC of needed supplies, once medical is complete. INDIAN RIVER COUNTY OCEAN RESCUE—STANDARD OPERATING PROCEDURES 78 529 79 Indian River County Ocean Rescue Officer In Charge (OIC) Duties When using the Rescue Truck, all traffic laws should be followed. The key is in the desk and should be returned at the end of your shift Call outs: Cover the beach however you can. You can use part-time or full-time. Before splitting beaches, ALWAYS make sure you notify the Lieutenant (LT) and the Beach Operations Supervisor (BOS) to see if they are available to cover. If for some reason (last resort) you need to split beaches. Do the split with Wabasso and Golden Sands since they are the closest together. Back up is close. If you get a call out while you are OIC, let the LT or BOS know because you get an hour of overtime to get someone to come in. Your timesheet will be adjusted. Make sure you are at the beach at 8:45 to get the radio and do the check -ins. Radio check-outs are at 4:54. Clock -out start with Golden Sands. Monitor the radio throughout the day. Notify the BOS immediately if any beach must call 911 for ANY reason. An OIC report should be completed and turned into the BOS for any problems. A group text to the BOS and the LT should happen if there were any scheduling changes or call outs. If guards, ask to go to the store during their break. OICs should ask how busy their water is. If there are more than 20 bathers, deny the request. If it's ok to approve, see if their partner gives them the ok and remind them to take a radio with them. INDIAN RIVER COUNTY OCEAN RESCUE- STANDARD OPERATING PROCEDURES 530 INDIAN RIVER COUNTY OCEAN RESCUE / WATER SAFETY OFFICER IN CHARGE REPORT FORM BEACH/PARK: RI RUR TK TT SG CF W GS TE PI AS Report # - Time AM PM Date / / Description Of Incident and Location: Name: INDIAN RIVER COUNTYOCEAN RESCUE- STANDARD OPERATING PROCEDURES 80 531 Indian River County, Florida * * MEMORANDUM File ID: 25-0985 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator FROM: David Wheatley, Traffic Signal Coordinator DATE: October 3, 2025 9� Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 SUBJECT: Maintenance Memorandum of Agreement and Locally Funded Agreement with the Florida Department of Transportation for the Painting of Mast Arms, FM No.: 4493322-1 -52-01 BACKGROUND Indian River County has adopted a standard of using a factory finished U.S. government Aerospace Material Specifications (AMS) standard 595 #14066 (highway green) for traffic signal mast arms throughout the county. The objective of this project is to paint the new mast arms at the intersection of CR 512 and 108th Avenue to match the two existing green mast arms at that location. ANALYSIS Due to the ongoing Florida Department of Transportation (FDOT) widening project (FM No. 4493322-1-52-01) on CR 512 and 108th Avenue, there is a need to replace the mast arms. Indian River County will be responsible for funding the painting of the new mast arms to maintain uniformity with the county and AMS 595 standard. AMS 595 refers to a system for the general representation and identification of colors in government procurement. Attached is a Maintenance Memorandum of Agreement (MMOA), which outlines the respective responsibilities of the FDOT and Indian River County for the project. Also attached is a Locally Funded Agreement (LFA), which defines Indian River County's financial obligation to fund the painting of the mast arms. BUDGETARYIMPACT The cost for painting the mast arms is $48,540.00, as listed in the LFA Agreement. Funding will be provided from account number 10215141-066510-26001, Traffic Impact Fees/District 1 Roads/CR512 & 108t' Ave Mast Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow15il Legistar' Arm Improvements and funded via budget amendment from Cash Forward/Oct 1 st PREVIOUS BOARD ACTIONS On January 31, 2023, the Board approved an FDOT Locally Funded Agreement (LFA) for the widening of CR 512 (CR 512 - 87th Street) from two lanes to four, along with other improvements. At that time, Indian River County requested the FDOT to construct sidewalks and to ensure the steel mast arm assemblies were painted federal highway green. The FDOT required the local agency's governing board to accept maintenance responsibilities for the mast arms and sidewalks after project completion. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the authorizing resolution for acceptance of the Locally Funded Agreement (LFA) in the amount of $48,540.00 and the Maintenance Memorandum Agreement (MMOA) and authorize the Chairman to execute the same. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow SIpy LegistarTM SECTION No.: 88040 FM No.: 449332-1-52-01 AGENCY: Indian River County C.R. No.: 512 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and Indian River County, a political subdivision of the State of Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over eastbound CR 512 from east of 1-95 to west of 106`h Avenue , as part of the Indian River County roadway system; and WHEREAS, the DEPARTMENT may not spend state funds for off -system projects; and WHEREAS, the DEPARTMENT identified safety improvements along CR 512 that will enhance the State Highway System at the interchange of 1-95 and CR 512 and awarded funding to the AGENCY for the design and construction of certain streets as prioritized by the DEPARTMENT; and WHEREAS, the Indian River County MPO requires the AGENCY'S commitment to maintain all improvements made as part of the Transportation Improvement Program (TIP) and in accordance with Title 23 U.S. Code Section 116 and Federal Highway Administration regulations; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY'S geographical limits and the AGENCY herein agrees to engage the DEPARTMENT to construct the improvements outlined in this Agreement; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agree that the DEPARTMENT will construct certain improvements more particularly described as Financial Project ID 449332-1, which involve the construction of roadway widening, signing & pavement markings, lighting, and signal improvements; hereinafter referred to as "the Project", as more particularly described in Exhibit A; and WHEREAS, pursuant to that certain Local Funding Agreement and Utility Work by Highway Contractor/UWHC between the AGENCY and the DEPARTMENT, and all subsequent amendments thereto, the DEPARTMENT is to paint the proposed Mast Arms; and adjust utilities owned by the AGENCY will be signed simultaneously with the execution of this agreement; and WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each Party for the Project; and an 534 WHEREAS, the AGENCY by its Resolution passed on the day of , 20_, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the Parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project. The AGENCY is responsible for any additional costs for the Project that are determined to be Federal Aid Non -Participating. 3. The AGENCY hereby grants the DEPARTMENT and its contractors with all the rights and permissions necessary to enter and construct the Project on the AGENCY's right of way and/or property to which the AGENCY has such authority, no further requirements to construct the Project. 4. No additional right of way is required for the Project. The Project will be completed within the AGENCY'S existing right of way. S. Environmental Permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be solely responsible for ensuring that the Project remains in compliance with all permits after the construction is complete. To the extent and within the limits permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the DEPARTMENT or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner concerning the Project. The AGENCY shall be the applicant for any and all occupancy permits that are required for the Project, if any. 6. The AGENCY shall continue to maintain the existing roadway and any property owned by the AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue to be responsible for mowing and litter removal during the duration of the Project. 7. The Department shall give the AGENCY seven (7) days' notice before final inspection. The AGENCY will have the opportunity to inspect and identify corrections to the Project within seven (7) days' notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so long as the corrections comply with the Final Proposed Construction plans and specifications previously approved by both the DEPARTMENT and the AGENCY. 8. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described in the Standard Specifications for Roadway and Bridge Construction dated FY202S-2026 as amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design -2- 535 Manual (FDM), current edition (b) Florida Green Book dated 2023, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2026-27, as amended (d) Standard Specifications for Roadway and Bridge Construction dated FY2026-2027, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. 9. The AGENCY shall maintain the Project, outlined in Exhibit A. 10. No additional right of way is required for the PROJECT. The PROJECT can be completed within the AGENCY's existing right of way. 11. Warranties: The DEPARTMENT shall transfer all of the Project warranties to the AGENCY. 12. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for the Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. At its own expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to utility owner to initiate work necessary to alleviate interference; to remove or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the AGENCY'S failure to timely comply with said request. 13. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. 14. Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. 15. Drainage: The AGENCY shall maintain the drainage system constructed for the project as described in Exhibit A. 16. Unforeseen issues: If unforeseen issues arise, the AGENCY shall cooperate with the DEPARTMENT to the extent necessary to construct the Project. This shall include but not be limited to the execution of documents; allowing the Department and/or their contractors/consultants to enter upon the real property owned, leased, possessed and/or controlled by the Agency upon which the Project is to be constructed or any property adjacent thereto. 17. E -Verify Requirements (if applicable): The AGENCY: -3- 536 • 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 AGENCY to provide the services required by this Agreement; and • shall expressly require any contractors performing work or providing services pursuant to this Agreement 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 contractor during the contract term. 18. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 19. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. 20. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 21. LIST OF EXHIBITS • Exhibit A: Project Scope • Exhibit B: AGENCY's Resolution [This space intentionally left blank.] i! 537 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: AGENCY INDIAN RIVER COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: day of 20 Approved as to form by Office of County Attorney By: nFPARTMFNT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director day of , 20 Approval: Office of the General Counsel -5- 538 SECTION No.: 88040 FM No.: 449332-1-52-01 AGENCY: Indian River County C. R. No.: 512 EXHIBIT A PROJECT SCOPE All of the Project improvements will be constructed by DEPARTMENT within the AGENCY'S existing right- of-way. Typical Section: • Widen Eastbound CR 512 from east of 1-95 to West of 106 Avenue. The Typical Section from east of 1-95 to 108 Avenue will consist of a 12 -ft Left Turn Lane, three 12 -ft thru lanes, a 7 -ft unmarked keyhole, and a 12 -ft right turn lane. The Typical Section from 108 Avenue to West of 106 Avenue will consist of three 12 -ft thru lanes. ADA: • The pedestrian ramps at the intersection of CR 512 and 1081h Avenue intersection will be upgraded to meet ADA Standards. Drainage: • The existing drainage system along Eastbound CR 512 will be modified due to the widening. The existing swales will be regraded, existing structures replaced, and additional structures added as needed. Signing and Pavement Marking: • Signing and Pavement Markings along Eastbound CR 512 will be upgraded to meet current Standards. Signalization: • The Mast Arms at the SE and SW corner of the intersection of CR 512 and 108' Avenue intersection will be replaced due to the widening. Existing ITS/interconnect will be relocated as needed due to the widening. Lighting: The roadway lighting at the SE and SW corner of the intersection of CR 512 and 1081h Avenue intersection will be replaced due to widening and the pedestrian lighting will be upgraded to meet current lighting criteria. I'M 539 EXHIBIT B AGENCY'S Resolution MR SECTION No.: 88040 FM No.: 449332-1-52-01 AGENCY: Indian River County C.R. No.: 512 540 FM No: 449332-1-52-01 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 271 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 mast arm painting. The project has been initiated as a result of the road widening at CR 512 and 1081 Avenue intersection in Indian River County (Financial Management (FM) Number 449332- 1-52-01, Funded in Fiscal Year 2026). The full scope of the improvements is 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 serves the interest of both parties and the parties agree that it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and 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 and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. 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. 541 5. The total estimated cost of the Project is THREE MILLION SIXTY-THREE THOUSAND SEVEN HUNDRED FORTY DOLLARS AND NO CENTS ($3,063,740.00). The PARTICIPANT'S Lump Sum contribution of FORTY-EIGHT THOUSAND FIVE HUNDRED FORTY DOLLARS AND NO CENTS ($48,540.00) shall be paid to the DEPARTMENT. (A) The PARTICIPANT agrees that it will, within thirty (30) days of the execution of this Agreement, furnish the DEPARTMENT with a wire transfer in the amount of FORTY- EIGHT THOUSAND FIVE HUNDRED FORTY DOLLARS AND NO CENTS ($48,540.00) 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 449332-1- 52-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 449332-1-52-01. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 4834783896 ABA # 121000248 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial project # 449332-1-52-01 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. In addition to calling Ms. Harris, the PARTICIPANT shall send an email notification to D4-Ifa@dot.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. 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. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, the excess funding will be refunded to the PARTICIPANT. If the final accounting is not performed within three hundred sixty (360) days, the PARTICIPANT is not 542 relieved from its obligation to pay. 6. 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. 7. 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. 8. 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#449332- 1-52-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 9. 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. 10. 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. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 12. 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. 543 13. 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: 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: Smiley Urena, PE, 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: Joseph DeFronzo II With a copy to: Office of the General Counsel The remainder of the page left intentionally blank. 544 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. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY -Y NAME: TITLE: ATTEST: RYAN BUTLER, CLERK OF COURT APPROVED: Am JENNIFER SCHULER, COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 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 545 Exhibit A Scope of Services FM No.: 449332-1-52-01 The objective of this project is to facilitate the painting of mast arms, as two of the four mast arms at the intersection of CR 512 and 108th Avenue are affected by the roadway widening and therefore require replacement. Local funds received from the Participant will contribute to a portion of the construction costs for the scope of services of the Project described above. The Scope of Work includes: Paint of the proposed mast arm. The remainder of this page left intentionally blank. 546 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. 449332-1-S2-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAST ARM PAINTING WHEREAS, the widening of CR512 and 108th Avenue (Project) is an Indian River County priority project; 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. 449332-1-52-01 for painting two (2) mast arms in Federal Highway Green on the Project for a lump sum total amount of $48,540.00 and the District Four Highway Maintenance Memorandum of Agreement for continued maintenance after construction is complete; 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. 449332-1-52-01 for the Project. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Susan Adams Joseph H. Earman Laura Moss C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F414DF66\@BCL@F414DF66.docx 547 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 Joseph E. Flescher, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller M Deputy Clerk Approved as to form and legal sufficiency: M Susan J. Prado Deputy County Attorney C:\Users\ufc-prodWppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E414DF66\@BCL@E414DF66.docx 548 Indian River County, Florida *x�oA s MEMORANDUM 9� Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0989 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Richard D. Meckes, Assistant Director of Utility Services FROM: Michael Loveday, Water & Wastewater Operations Manager DATE: September 29, 2025 SUBJECT: Florida Department of Environmental Protection Consent Order/Settlement Agreement 22-0150 for the Indian River County Department of Utility Services Wastewater Collections System BACKGROUND Indian River County Department of Utility Services (IRCDUS) owns and operates a wastewater collections system, ID No. FLSSOA483, for the purpose of collecting and ultimately treating wastewater generated by the customers of IRCDUS. This collections system is made up gravity sewer lines, force mains, manholes and other control structures, pneumatic/vacuum sewer systems, lift stations and master re -pumping stations for this purpose. All wastewater makes its way to one of three regional water reclamation facilities owned and operated by IRCDUS for wastewater treatment and effluent disposal. ANALYSIS The Florida Department of Environmental Protection (FDEP) has issued a Consent Order/Settlement Agreement (Order) to IRCDUS for sanitary sewer overflows occurrences beginning in 2021 through 2024 as outlined in the Order. The Consent Order/Settlement Agreement has been drafted to ensure that future sanitary sewer overflow occurrences are minimized and addressed in a timely manner. The Order includes a penalty of $29,995; however, the Order allows the County to undergo either an in-kind project or a pollution prevention (P2) project in lieu of paying the fines stipulated within the order. If the County were to choose to pursue the in-kind option, the project cost must be equal to or greater than 1.5 times the cost of the penalty. On the other hand, if the County were to choose a P2 project, it only needs to be equal to, or greater, than the actual cost of the penalty. IRCDUS is proposing to pursue the P2 option by purchasing solar panels for several lift stations throughout our collection system in an effort to reduce the likelihood of further sanitary sewer overflows. The solar panels will ensure the availability of backup power for lift station communications equipment in the event of commercial power outages, which will assist staff in determining where to most effectively dispatch maintenance staff during such outages. Staff has received preliminary FDEP confirmation that this project conforms with P2 project intent with the understanding that final approval will be issued after an executed Consent Order is received by FDEP along with the completed pollution prevention project form. While the P2 project offsets the stipulated penalty, the County must still pay the FDEP an $500 administrative Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 POW19 y LegistarT"' investigation fee for costs incurred by the FDEP regarding this collection system related matter within 30 days of the signing of the Consent Order. Once FDEP grants approval for a P2 project, IRCDUS will bring a follow up item with a finalized plan and costs to the Board. BUDGETARY IMPACT Funding for the FDEP administrative investigation fee of $500.00 is available in the Utilities operating fund under the Utilities/WW Coll/Other Professional Services account, number 47126836-033190. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners: A. Authorize the Chairman to execute Consent Order 22-0150. B. Authorize staff to pay the $500.00 administrative investigation fee to FDEP within 30 days of the effective date of the consent order. C. Approve staff to finalize the negotiation of the pollution prevention project as outlined in consent order 22-0150. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 powStby LegistarTM September 19, 2025 FLORIDA DEPARTMENT OF Ron GDevemor Environmental Protection Jay Collins Sean Lieske, Director Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 slieskeAindianriver.gov Lt. Governor Southeast District 3301 Gun Club Road, MSC 7210-1 Ale�dsA. Lambert West Palm Beach, FL 33406 Secretary 561-681-6600 Re: Indian River County Utilities and Collection System DW Facility ID # FLA010431, FLA104388, FL0041637, FLA010435, FLSSOA483 Indian River County Dear Mr.: Lieske Enclosed is a Consent Order ("Order") prepared by the Department for resolution of the above - referenced enforcement case. Please review this document and within 20 days of receipt return a signed copy to the Department. All pages within the Order should be included with your returned signed copy. Once fully executed, a copy of the final document will be forwarded to you. Should you have any questions or comments, please contact Chelsea Justis at 561-681-6645 or via e-mail at Chelsea.Justisna,FloridaDEP.gov. Sincerely, so—Q.— Sirena Davila Director, Southeast District Florida Department of Environmental Protection Enclosure: Consent Order ec: Jose Vega, Environmental Compliance Analyst Rich Meckes, Operations manager Mike Loveday, Wastewater Superintendent www.FloridaDEP.gov jvega(a,indianriver.gov rmeckesAindianriver.gov mloveday ,indianriver.gov 551 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION ) SOUTHEAST DISTRICT V. ) OGC FILE NO. 92-0150 INDIAN RIVER COUNTY ) SETTLEMENT AGGREEMENT This Settlement Agreement (Agreement) is entered into between the State of Florida Department of Environmental Protection (Department) and Indian River County (Respondent) to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes (F.S.), and the rules promulgated and authorized in Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the matters addressed in this Agreement. 2. Respondent is a person within the meaning of Section 403.031(5), F.S. 3. Respondent is the owner and is responsible for the operation of the following facilities: Indian River County Utilities Department Central (Gifford) WWTF FLA010431, Indian River County Utilities Department North Regional WWTF FLA104388, Indian River County Utilities Department West Regional WWTF FL0041637, and Indian River County Utilities Department South Regional WWTF FLA010435 and the Collection system FLSSOA483. These facilities are located in Indian River County and have collections systems that service much of Indian River County. 4. The Department finds that the following violation(s) occurred: 552 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 2 a. Sanitary sewer overflows or unauthorized discharges, in violation of Rule 62-604.130, F.A.C., and F.S. 403.121(3)(b). # I SWO# Date Vol (gal) Surface Water :: Cause 1 2021-6812 12/3/2021 83,800 NA Broken FM 2 2022-3365 r 5/13/2022 41,472 Indian River Lagoon Tap Saddle Failure 3 2022-7182 9/15/2022 37,100 Lateral J Canal Broken ARV ------- ----_---_-_ -__.__ 4 2022-7641 ? 9/28/2022 302,392 NA Broken FM (Corrosion) ( Overflow at Central 5 ' 2024-9105 10/09/2024 32,585 NA (Gifford) WWTF due to rain I ------ b) Respondent's Emergency Response Plan did not have provisions for sampling the receiving waters after each unauthorized discharge to surface waters, and no sampling was conducted for various of the discharges. The Emergency Response Plan did not include all the required information, in violation of Rule 62- 604.500(4)(b). Respondent has implemented the following as part of their Operation and Maintenance Manual: a) A Surveillance and SSO Detection Program which provides a detailed description of the Respondent's collection system and includes surveillance and SSO detection as well as the equipment needed to carry out the plan and the types and frequency of monitoring to be performed. The assessment included an assessment of the condition of existing connections, lift stations, and manholes. b) Respondent has implemented an Emergency Response Plan that addresses the Respondent's preparation for, response to, follow-up for, and documentation of unauthorized discharge events. Having reached a resolution of the matter Respondent and the Department mutually agree and it is ORDERED: 553 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 3 6. Respondent shall comply with the following corrective actions within the stated time periods: a) Within 60 days of the effective date of this Settlement Agreement, submit to the Department an updated Emergency Response Plan that further incorporates all requirements of Rule 62-604.500 (4)(b). The updated Plan shall include the following: i. How, when and for how long sampling of surface waters will be conducted, who will collect samples and how the samples will be handled and transported to a certified laboratory, including sampling when an unauthorized discharge occurs after business hours, on holidays, or during inclement weather. The Plan shall provide for sampling and analyses to begin within 24 hours. For tidally influenced waters, the Plan shall provide for sampling to begin prior to the tidal change immediately following the cessation of the unauthorized discharge. ii. The available disinfection and odor control materials and the instances in which they may be used: granular chlorine, lime, any other products; aerators. iii. The frequency of initial training, refresher training and references to quick reference guides, if any, that are provided to the staff to help during a response to a sanitary sewage overflow event. iv. The procedure to notify the public of a sanitary sewer overflow. Options could include signs, news media, social media etc. V. The up-to-date inventory of equipment, supplies and staff who has the authority to get personnel, equipment and materials to the site of the sanitary sewage overflow. vi. A schedule for implementing each of the elements in this Paragraph, with all elements implemented no later than March 31, 2026. 7. Respondent's completion of all corrective actions required by paragraph 6 within the respective deadlines specified thereunder shall constitute full compliance 554 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 4 with Rule 62-620 and 62-604, F.A.C. with respect to the specific violations addressed in this Agreement. 8. Within 30 days of the effective date of this Agreement, Respondent shall pay the Department $30,495.00 in settlement of the regulatory matters addressed in this Agreement. This amount includes $29,995.00 for civil penalties and $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Agreement. The civil penalty in this case includes 2 violations that each warrant a penalty of $2,000.00 or more. This penalty only addresses violations occurring from December 2021 to -October 2024, any spills after this date until the closing of the Settlement Agreement can be penalized via stipulated penalties. 9. Respondent agrees to pay the Department stipulated penalties in the amount of $1,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 6 of this Agreement. Additionally, Respondent shall pay the Department stipulated penalties for any discharges of wastewater from the WWTF and/or collection/ transmission system. Respondent shall pay penalties as follows: Amount p/damp/discharge $1,000.00 $2,000.00 $5,000.00 $10,000.00 $15,000.00 Discharge Volume up to 5,000 gallons 5,001 to 10,000 gallons 10,001 to 25,000 gallons 25,001 to 100,000 gallons in excess of 100,000 gallons The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment and shall do so as further described in paragraph 10, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Agreement. Any stipulated penalties 555 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 5 assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 8 of this Agreement. 10. Respondent shall make all payments required by this Agreement by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the "Department of Environmental Protection' and shall include both the OGC number assigned to this Agreement and the notation "Water Quality Assurance Trust Fund." Online payments by e -check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay/. It will take a number of days after this order is final, effective, and filed with the Clerk of the Department before ability to make online payment is available. 11. In -Kind Option for Offset of Penalties or Stipulated Penalties: In lieu of making cash payment of $29,995.00 in civil penalties as set forth in paragraph 8 above, Respondent may elect to offset this amount by implementing an in-kind penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration or a capital/ facility improvement project and may not be a corrective action requirement of the Agreement or otherwise required by law. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in- kind penalty project shall be one and a half times the civil penalty off -set amount, which in this case is the equivalent of at least $44,992.50. If Respondent chooses to implement an in-kind project, Respondent shall notify the Department of its election within 15 days of the effective date of this Settlement Agreement. Notwithstanding the election to implement an in-kind project, payment of the remaining $500.00 in costs must be paid within 30 days of the effective date of the Settlement Agreement. In the event that Respondent elects to off -set civil penalties including stipulated penalties by implementing an in-kind penalty project which is approved by the Department, during the period that this Agreement remains in effect or during the effective date of any Department issued Permit to Respondent whichever is longer (Prohibited Transfer 556 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 6 Duration), Respondent shall not transfer or use funds obtained by the Respondent from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System (hereinafter, Prohibited Transfer). Respondent shall annually certify to the Department using the Annual Certification Form located on Exhibit B to this Settlement that no Prohibited Transfer has occurred. In the event of any Prohibited Transfer, the In - Kind project option shall be forfeited, and entire civil penalty shall immediately become due and owing to the Department irrespective of any expenditures by the Respondent in furtherance of the In -Kind project. If Respondent elects to implement an in-kind project as provided in this paragraph, then Respondent shall comply with all the requirements and time frames in Exhibit A entitled In -Kind Projects. 12. Pollution Prevention Option for Offset of Penalties or Stipulated Penalties: In lieu of making cash payment of $29,995.00 in civil penalties as set forth in Paragraph 8, Respondent may elect to offset this amount by implementing a Pollution Prevention (P2) Project, which must be approved by the Department. P2 is a process improvement that reduces the amount of pollution that enters the environment; by conserving resource (including water, raw materials, chemicals, and energy) use, or by minimizing waste generation (including domestic and industrial wastewater, solid and hazardous waste, and air emissions). A P2 Project must reduce pollution or waste within the process beyond what is required by federal, state, or local law, in order to be eligible for civil penalty offset under this Agreement. If Respondent chooses to implement a P2 Project, Respondent shall notify the Department of its election by certified mail within 15 days of the effective date of this Agreement. Notwithstanding the election to implement a P2 Project, payment of the remaining $500.00 in costs must be paid within 30 days of the effective date of the Settlement Agreement. If Respondent elects to implement a P2 Project, Respondent shall submit a completed P2 Project Plan (Plan) within 60 days of the effective date of this Agreement. The Plan must be 557 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 7 completed using Exhibit B, "P2 Project Plan" template. In the event the Department requires additional information to process the Plan described in this paragraph, Respondent shall provide a modified Plan containing the information requested by the Department within 30 days of the date of the request. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of written notification by the Department to Respondent that the balance is due. 13. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Chelsea Justis, Southeast District, Department of Environmental Protection, 3301 Gun Club Road, MSC 7210-1, West Palm Beach, Florida, 33406 and SED.Wastewater@dep.state.fl.us. 14. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Settlement and the rules and statutes administered by the Department. 15. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Settlement, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as "contractor') to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of (a) the 558 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 8 anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances. 16. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Agreement, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations described above up to the date of the filing of this Agreement. This waiver is conditioned upon Respondent's complete compliance with all the terms of this Agreement. 17. This Agreement is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Agreement is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 18. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Agreement. 19. Respondent is fully aware that a violation of the terms of this Agreement may subject Respondent to judicial imposition of damages, civil penalties up to $15,000.00 per day per violation, and criminal penalties. 559 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 9 20. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Agreement. Respondent also acknowledges and waives its right to appeal the terms of this Agreement pursuant to section 120.68, F.S. 21. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. No modifications of the terms of this Agreement will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. 22. The terms and conditions set forth in this Agreement may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Agreement constitutes a violation of section 403.161(1) (b), F.S. 23. This Settlement Agreement is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Settlement Agreement will not be effective until further order of the Department. Persons who are not parties to this Settlement Agreement, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Settlement Agreement means that the Department's final action may be different from the position it has taken in the Settlement Agreement. The petition for administrative hearing must contain all the following information: a) The name and address of each agency affected and each agency's file or identification number, if known; 560 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 10 b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; c) A statement of when and how the petitioner received notice of the agency decision; d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via electronic correspondence at AgencyClerk@floridadep.gov, within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406. Failure to file a petition within the 21 -day period 561 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 11 constitutes a persons waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Settlement Agreement may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such persons right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code. 24. Rules referenced in this Agreement are available at https: / / floridadep.gov/ ogc/ogc/ content/ rules. 562 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 12 Print Name Print Title Date FOR DEPARTMENT USE ONLY DONE AND ORDERED this _ day of . 2025, in Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sirena Davila Director, Southeast District Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Copies furnished to: Lea Crandall, Agency Clerk Lea.Crandall@dgp.state.fl.us Mail Station 35 563 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 13 Exhibit A In -Kind Projects In -Kind Projects Proposal A. Within 60 days of the effective date of this Settlement Agreement, Respondent shall submit, by certified mail, a detailed in-kind project proposal to the Department for evaluation. The proposal shall include a summary of benefits, proposed schedule for implementation and documentation of the estimated costs which are expected to be incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the in-kind project. Proposal Certification Form B. The proposal shall also include a Certification by notarized affidavit from a senior management official for Miami -Dade County who shall testify as follows: My name is (print or type name of senior management official) and do hereby testify under penalty of law that: 1. I am a person with management responsibilities for Indian River County budget and finances. During the eighteen -month period prior to the effective date of Settlement Agreement OGC Case No.: 22-0150 there has not been any transfer or use of funds obtained by Indian River County from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. 2. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20_ by Personally, known or by Production of the following Identification 564 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 14 Notary Public, State of Florida Printed/ typed or stamped name: My Commission Expires: Commission/Serial No.: Annual Certification Form My name is and do (print or type name of senior management official) hereby testify under penalty of law that: 1. I am a person with management responsibilities for Indian River County budget and finances. During the twelve-month period immediately preceding the notary date on this Certification, there has not been any transfer or use of funds obtained by Indian River County from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. 2. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me, by means of ❑ physical presence or ❑ online notarization, this day of 20_ by Personally, known or by Production of the following Identification Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Commission/ Serial No.: C. If the Department requests additional information or clarification due to a partially incomplete in-kind project proposal or requests modifications due to deficiencies with Department guidelines, Respondent shall submit, by certified mail, all requested additional information, clarification, and modifications within 15 days of receipts of written notice. D. If upon review of the in-kind project proposal, the Department determines that the project cannot be accepted due to a substantially incomplete proposal or due to substantial deficiencies with minimum Department guidelines; Respondent shall be 565 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 15 notified, in writing, of the reason(s) which prevent the acceptance of the proposal. Respondent shall correct and redress all the matters at issue and submit, by certified mail, a new proposal within 30 days of receipt of written notice. In the event that the revised proposal is not approved by the Department, Respondent shall make cash payment of the civil penalties within 30 days of Department notice. E. Within 120 days of the effective date of this Settlement Agreement, Respondent shall obtain approval for an in-kind project from the Department. If an in-kind project proposal is not approved by the Department within 120 days of the effective date of this Settlement Agreement, then Respondent shall make cash payment of the civil penalties within 30 days of Department notice. F. Within 180 days of obtaining Department approval for the in-kind proposal or in accordance with the approved schedule submitted pursuant to paragraph A of this attachment, Respondent shall complete the entire in-kind project. G. During the implementation of the in-kind project, Respondent shall place appropriate sign(s) at the project site indicating that Respondent's involvement with the project is the result of a Department enforcement action. Respondent may remove the sign(s) after the project has been completed. However, after the project has been completed Respondent shall not post any sign(s) at the site indicating that the reason for the project was anything other than a Department enforcement action. H. In the event Respondent fails to timely submit any requested information to the Department, fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalties shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the $29,995.00 penalty, no additional penalties shall be assessed for failure to complete the requirement of this paragraph. I. Within 15 days of completing the in-kind project, Respondent shall notify the Department, by certified mail, of the project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. These costs 566 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 16 shall not include those incurred in developing the proposal or obtaining approval from the Department for the project. If upon review of the notification of completion, the Department determines that the project cannot be accepted due to a substantially incomplete notification of completion or due to substantial deviations from the approved in-kind project; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the project. Respondent shall correct and redress all the matters at issue and submit, by certified mail, a new notification of completion within 15 days of receipt of the Department's notice. If upon review of the new submittal, the Department determines that the in-kind project is still incomplete or not in accordance with the approved proposal, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalty shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the $29,995.00, no additional penalties shall be assessed for failure to complete the requirements of this paragraph. 567 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 17 Exhibit B P2 Project Summary (Summary) (Facility) (Address) (Telephone) (Preparer Name/ Title) A. Project Description: (Summarize P2 Projects selected. Describe the processes or operations to be modified, and the specific changes to be made. Include details such as the specific equipment to be installed, materials to be substituted, and the actual changes to be made to processes or operations. Include manufacturer or vendor information, and specifications.) B. Environmental and Economic Benefits: (Explain why and how each Project proposed constitutes P2. Specify how each material, chemical, water and energy is saved, and from which processes or operations. Specify how each solid and hazardous waste, industrial wastewater and air emissions is generated, the waste type, and from which processes or operations. Describe generally in paragraph format. Estimate the annual savings in resources - raw materials, chemicals, water, and energy at the process or operation front end. Estimate the annual reductions in wastes - solid and hazardous waste, wastewater, and air emission reductions at the process or operation back end. Figures quoted should represent weights or volumes annually, and should be equalized for production rate changes. Associated cost savings should be included. Describe specifically using the tables provided. Complete the first table for each Project individually. Add or average corresponding figures from each Project table to complete the Summary table, for multiple Projects.) 568 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 18 569 (Project Name) Annual Resource Consumption Comparison Item QuantityUsed al/lb/kwh-s ecff Purchasing Cost $ Percent M Reduction Before After Reduction Before After Reduction Water Chemicals Materials Energy Total Annual Cost Savings = Annual Waste Generation Com arison Item Quantity Generated (gal/lb/tons- s ecif Disposal Cost ($) Before After Reduction Before After Reduction Percent M Reduction Hazardous Waste Hazardous Waste Industrial Wastewater Industrial Wastewater Solid Waste Air Emissions Total Annual Cost Savings = Total Annual Avoided Cost Savings = 569 Summary of All P2 Projects Annual Resource Consumption Comparison Item QuantiUsed al/lb/kwh-s ecif) Pur hasing Cost $ Percent M Reduction Before After Reduction Before After Reduction Water Chemicals Materials Energy Total Annual Cost Savings = Annual Waste Generation Com arison Item Quantity Generated (gal/lb/tons- specify) Before After Reduction Disposal Cost ($) Before After Reduction Percent (%) Reduction Hazardous Waste Industrial Wastewater Solid Waste 569 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 19 Air Emissions Total Annual Cost Savings = Total Annual Avoided Cost Savings = C. Project Cost: (Include per Project the itemized, subtotal and Project total costs. A projected payback period in months or years needs to be included. Provide a grand total cost for all Projects and an averaged projected payback period, for multiple Projects. Use list or table format for all.) D. Project Reporting: 1. Within 30 days of completing the P2 Project, the Respondent shall submit to the Department a P2 Project Final Report that includes the following: a. A confirmation that the information presented in Sections A -C of the Summary is unchanged, or an updated version with the sections changed appropriately. A statement that the Project(s) was/were implemented successfully. An explanation of any problems encountered and corrections applied. A statement indicating the date the Project was started and also the date completed. b. Attached expense reports, receipts, purchasing instruments and other documents itemizing costs expended on preparing and implementing the Project. 2. The Department shall review the Final Report and determine: a. Whether the project was properly implemented; and b. Which expenses apply toward pollution prevention credits. 3. A $1.00 pollution prevention credit for each $1.00 spent on applicable costs will be applied against the portion of the civil penalty that can be offset. a. The following costs are applicable as P2 credits toward the civil penalty offset amount: i. Preparation of the P2 Project; ii. Design of the P2 Project; iii. Installation of equipment for the P2 Project; iv. Construction of the P2 Project; v. Testing of the P2 Project; vi. Training of staff concerning the implementation of the P2 Project; and vii. Capital equipment needed for the P2 Project. b. The following costs shall not apply as P2 credits toward the civil penalty offset amount: P2 Project; i. Costs incurred in conducting a waste audit; ii. Maintenance and operation costs involved in implementing the iii. Monitoring and reporting costs; 570 DEP vs. Indian River County Settlement Agreement, OGC No. 22-0150 Page 20 iv. Salaries of employees who perform their job duties; v. Costs expended to bring the facility into compliance with current law, rules and regulations; vi. Costs associated with a P2 Project that is not implemented; vii. Costs associated with a P2 Project that has not been approved by the Department; and viii. Legal costs. C. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of written notification by the Department to the Respondent that the balance is due. E. Project Termination: 1. The Department may terminate the P2 Project at any time during the development or implementation of it, if the Respondent fails to comply with the requirements in this document, act in good faith in preparing and implementing the project, or develop and implement the P2 Project in a timely manner. The Respondent may terminate the P2 Project at any time during its development or implementation. 2. If the P2 Project is terminated for any reason, Respondent shall pay the full balance of the allowable portion of the civil penalty within 30 days of written demand by the Department. 571 Indian River County, Florida * * MEMORANDUM �IOy' 99 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0990 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Anthony Warren, Director - Building & Facility Services FROM: Robert S. Skok, Capital Projects Manager DATE: October 6, 2025 SUBJECT: Florida Power & Light Easements Sandridge Golf Club - New Clubhouse BACKGROUND Sandridge Golf Club is under construction to build a new Clubhouse and County staff is overseeing administration of the Contract. Florida Power & Light (FPL) has requested the County grant two easements on the County owned property for installation of the power from the public right-of-way to the new building location. The County Surveyor worked with an FPL representative for the location of the easements. The County Surveyor has created signed and sealed sketch and legal description documents to detail the easement area within the property. BUDGETARYIMPACT The cost of recording the documents will be approximately $55.40. The cost will be funded from the Sandridge Clubhouse/Event Space account, number 418-169000-21018. STRATEGIC PLAN ALIGNMENT Quality of Life STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the easements to Florida Power & Light in accordance with the attached sketch and description, authorize the County Attorney's office to finalize the legal documents to record the approved easement and authorize the Chair to execute the final legal documents to effectuate the granting of the approved easement. Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 powS ft legistar' Work Request No. 14181426 Sec. 4 Twp. 32 S., Rge. 39 E Parcel 32390400000300000003.0 I.D. (Maintained by County Appraiser) OVERH��E��Ac�D EASEMENT TATs-Vn.§i NPreEcp e) By Name: David M. Silon, P.S.M. Co. Name: Indian River County Public Works Department Address: 1801 27th Street, Building A Vero each, FI 32960 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non- exclusive easement forever for the construction, operation and maintenance of overhead electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: Entity Name (Witness' Igna ure Print Name: mess Print Name: STATE OF (Witness' Signature) (Witness) AND COUNTY OF By: Print Name: Print Address: before me by [ ] physical presence or [ ] on-line notarization, this , the ,20_. The foregoing instrument was acknowledged day of of who is personally known to me or has produced identification, and who did (did not) take an oath. My Commission Expires: Notary Public, Signature Print Name 20_, by (Type of Identification) 573 as LL N o 04 }}❑ ° a q w� LLo F -1Z OLLp Qm v= w❑ a Q 00 N Q W U O W W w azo QQ> vicz F w° 2 U N a a O_ J w m F a W p (nQ a WFC wJ� OLIJ H �m w �2<zJ W a< Fx-w0 SaF Ow0 d W 2F-w0F= W Zp LL�Z F-ZN J_>- [L V LLo �pOFZLLF _ dQ-z Op} cn0 m?- LL F- F- F to J =o 0U) 0� O O� ��i wLLI (np �cnw Q o O Ftj LL N W 2U)2(p ZW � ❑O Fry LL LL ❑QU J w z W LL O a Q OU a? d w U Z O - a j p O e = u m °m 00, 6Lu W z �❑ COpm d<0E- (n0 w ❑ ❑ 0EE ZZ°L-UOZ Q a❑ 0 W 2 U�NCl) LLOLL a N 0_ F- =0?�mwU c2-7 O �cwn �w� w-Jo� a- < =m p F-UJF-pLL❑ caw waF- ❑wQw O ❑Q pF- U)LLaow F U wU -i ❑x�~ Y QN OL(�wO2L 0� 0 FS -J z°UW QF-afQ Ln �F- W 3 W F- LL W F -a <W SmWD LU U) x7: z 2 m9 Sam 0, w F j 2 -10 W u1 p U O of U3: OU F-- = a- 0 Qrn Z°FmNZ C7 Q F -i wZp Y�x LL 0 w (n U` Q w LL Y O co 0 U dW 0WZW LL1HZ �a �wQ ULLZN N W W O ax0W Q(n� cn ❑LL W w W 2Lj-� M 0Oa F O 04 ¢FLL❑-, Qui (n Q° FSp F��� d LLI U) O J a > Q❑ Q v C w= �waz0(Fi)w Ow ON =m� F>QO z0 v=i 2 p0 "t LL � Q m w 2 a Z m Z p F U Q U- D p Z W Q'(nly 0)LO ozF"NLFL FW J �..(n -W W F�ZU) z W O fq cC14h &CDo ~ao° wp Z �0J w�QO C7 Ln F- 0(6 Zd °Oc�i�XIL0a W Q a W ❑❑ U°(nF- W = N Z LL= Z� Z n LL Q >- Q Q W U 0 z p Mo F- J ❑ LL 3: WWOMOSfo C7z w of wU>U) FW - TF -Z UZw�-o m z0 =2°Yw L�ww v YVo° Fvw zF---UpU LL m~ ° _cncnm _a(na ,, mZ;- U W (nZOW W O Q F- f0 Z-otn 0 Qo❑ FS-❑Sw(0nHf' ZZ �CCa� pU• L)m aF-FQZO � W w o a 0 zUU ZCa }-p• W F F- m OzzO�OLu FLL x F °ow �°°w2Q� w0 O w N o L L ma❑ W UU00pOC� UZ u) Z ❑ w -� W C p U W W C7 w W W OOF-Z_ ❑_- W W W <(n (U f- > C U) �FZ p(nWW LOW Qa ° mFQ 2 Fcn SLL(n Z > - S of Q�� a-5 O mCn ❑ W z U) O� F°�° Ln C pp0 (naaW�.�F- W 2 LL 4! F)a W W Sp 2 Zd QF- ++ LO •> OdJ LL zF w FOS wW O�mww v v �❑ �w0 OLLLL71LL°O �O 2 �_Uo �> wof ww t LY a =z0 Ly wR2�wUp wF (D Twp (n =7 Z?ZF 41 0'` J F- 2 Z W W Q>z- F W Z ❑>Z in F UN xd� W 2 (Y N LL�F °��—OE �co W LL J wpm � w F- Fw-> t Z v C_ z�° aUonW aOJ pLU o m w aQEE Z n Z cn �w OO�a p C 02 W ddLLJ Of O Q o J W w❑z p N pO F -F- W ra W 0 U) T z z� W Q F � LmL 2 a W O ❑ LL O Z m = w w W Z) o_ a� O Z U � O O d F p J z °w ° Q F w > 0 a Z W M Of Z S "< GL Qwa 0W0ZLL0F OU F W to u) Z� Oz °F- ZFS-W W ww0O-p QZ w O a: zm� m (U a= ❑0(Dw p Z O w °?= w p} °O w w w Z o Q O z o U Q w F 4' } W LLO w a z o w❑ Q W (n LL Q p ? 0= w❑ m _° z J F O u1 Z Z= J 0 U _ Q W LL L U ly a (� J U F- ❑ LLIJ a LL F- J `i V ❑afO �W W2O°Z No ❑ LU O (n YF- m F -LL W a ¢OpQ T z app w2SOQFUF- ooN a W a (n W O 2Lu Z,Op N o LL°z r'LLLLZQ W X ly S2 O U LL p O W z LLp wF-Na m °zJ Q°°S Qa>w M: Of ° °(n (,D >a.� O Ww OQ W <a- In O OfF- Z ZW WLL2Za Of C) z O J� W <L F_(n Q� d(nw L mw F- P O LL O Z (a N , o U)Qa V ���ZoO Z� J 0 zip UUi Z W FZ �zz� zNLL. Q=H w��FUZw LLJULL 0 QQYp 0 ❑~ pin OS°°fin p os= F- IX �dd� F- z° a �❑OfN J w0 ❑�, (nF-F-m o a a coz Ozz�QZw Sz 2 wp�� O >- Of 0 co ��z o ro zoo mcn _ U000J-0 F -J F- a YO am w O J � � (nmUN J �° wZ zxOx 4' ° > (names Cl) aco �p QDF7 C LL m W U H0CL Q mcocwncn - z -41 -41 N n G r M O kn JD U 0 L C 0 N 1S-3 B£ 30N-8 'HLf10S Z£ dIHSWOl" 't NOLL33S 30 i/L 1S311AHISON 3HL d0 4/L 1SV3HLnos 3HL 30 3Nn ism OZ 10-& 3Nn 1S-3 O O 0 M w 8 0 N 0 •S 30 00 ++ C C7 } W CL c F 0 '� Cl�uFiF'* Z �m W=� N M 13 i IXr 16 w z cn $3 W Z uWi 30' m I Z LLI �Zp -H \ O J } Z 0: O (~� w v chaLL,p 0MC)- z 3 O JI N Z H ZOO.. JUJ } N Z ai W N0�v~iir W 0 QI F 3 0 i!y m 4-0 c WO Z It M ++W QN Q O U p cc " w a. LO T � F- L£ Q I��Fra3 (A } i3 O 3 I ZQN� LLI N J w p 0 Lu O> OZO F- CL 15 w Y O rn O Q O M m Cl) N (1)0 0iL Q QQ J _ o WILOau.ad Jz 11 II It II II II 11 11 It 0_ 4 N01103S i/L AN 3HL d0 ti/L 'M'S 3HL d0 3Nn HLf10 .,anUGA S 30' m W Z w J } Z 0: O I3 v IO Z H } 3a ai QQw ll] W p 2 w W 4-0 c 2 Z >> 23: O lyH Q C 0 c mmo u u u u n C7 � n U p cc " w a. LO T � F- L£ Q (A } O CH Q Y cc O LU U m D J I J w p 0 Lu CO z F- CL 15 w Y O in I g�wM< m Cl) (1)0 0iL QQ J _ o WILOau.ad Jz 11 II It II II II 11 11 It Z O m d J � V U LL L J W Q no JUj LLI m V V X= J cc W Z Z Q N xcr u 0 W LL Y LA H J M41 W Lj J 2E a (L ct LL! m m N c c I to� 4-1a C v i N LL _ Fx 4-0 c = N Z d EQ) r U W 41 � n 0 E0 C zsz E : Ui OIrm U m$ N 4— owl 0 wa N (O •O F CL m a-+ O c vi r F -- kn Work Request No. 14181426 UNDERGROUND EASEMENT Sec. 4, Twp 32 S, Rge 39 EBUSINESS) — — This Instrument Prepared By Parcel 32390400000300000003.0 Name: David M. Silon, P.S.M. 1•D• Co. Name: Indian River County Public Works Department (Maintained by County Appraiser) Address: 1801 27th Street, Building A Vero Beach, FI 32960 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non- exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Reserved for CFcuk Cmil Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the rigght to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement �Crea, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 120_. Signed, sealed and delivered in the presence of: Entity Name (Witness' Igna ure Print Name: (Witness) Print Name: STATE OF (Witness Igna ure (Witness) AND COUNTY OF By: Print Name: Print Address: before me by [ ] physical presence or [ ] on-line notarization, this . the The foregoing instrument was acknowledged — day of 20_, by of a who is personally known to me or has produced identification, and who did (did not) take an oath. My Commission Expires: Notary Public, Signature Print Name (Type of Identification) 576 as LLN of o p O W I w LL fn a w o 0 QW U co F ~zww0 wa aow aO1- rnofw v)0 a�w z r�i U) QF-FEZ F- Ja w1=� w°J°� Z0 O m w �SQzJp w z2 rw0 2Q� OwU a� (D SF -w01 -d LL p LL FZ- J>li 3 Y rnO_z cc p0P�pQ vi ota 0z> WVJg ❑� LLnnJ U) w O 0 w N o a O�� W w❑ � C) w Q o O W 2 U p U N ❑ O ~ a U- 200 LLQ ❑ Q U = J w ❑ F-LL-cnoz Q O ¢w awF z00w aZ0 ~au OU LL0QaOUJ W w> UZv) Oa�F- ❑�� C°w❑ � O Lj W LL o w w U D w Q m - a -j Q w -j w Jp o EL Z Z of Lij V U Z z F C Q❑ W 2 U'X N ; LLO LL rU)w =Oz�mUw N p CaED Z w 0-j0 wLL a v m 3? AHI-�d❑w0 U) Q (6 Ww J�� ❑"'�� w O O� F- 0 C/) W ma F U Sv ❑OU ZSLiU Y F-- Lu UwW IMly 2 U i� FJ ZC)W QF- Ln F W��WF-U O Q F a aUx SmLLia❑ Z W IS-IS-LLI F C) m N O� Sa0 L) O_C) ❑�F- ❑❑ C7 U =o FAV wF QCL Q F❑ Z� O Q N 0 Lo Z v >~ � W z 0 rn O S W wm OW z Wwz0 O > UW� (nLLUN N LLJ _ Ua a�0iQO0 _ ❑LLL wLLUW S WLL ZO m rn C oUUi �0Q�a�C� 0 F— Y Q� �_� Hm�v a W F- F- lLIX w. N U W E W C7 �wQozoOu~i 2 z w Ouwi =cn(A Fwa0 w Z L=ii O >Z_> ioww00co =X ui m zp W� }af ❑ >Z> io ❑> OLO CN(1) LL W Z LLJ Z J v� L}LLmC7 p(,)0 W ~ > ZLL Q V w p0 oco�w ,oQ J Z 2❑W wW<0 C7 O wmo a LLL w wp❑ ULLUF- U C Ow =moo W Zz0 F- Q F ozZ Ix W F- LL O U) 1: D W S}-Zcr w U Q }Qa wvOz o LLI L- W> ~ WOof O W❑OZ ❑ LU W x� - �U>f=/l F Z L> LL W U Z= a W w Q 2 W w O W J w Q J -0 �O zF- C)=OLLw m m o Umm "CLrna ❑ v mZwO-' C 00 Wcnz0w02 C7 ❑ F ro z-oLn 2 W cn tY z N 3 o Z) ZU F -❑2 W UZ~ 0 ❑W gLLcca�❑ WSaF-2Q�� Q Z N o a C HQ zvv~}o.rr w z F- ro OLU OF- 0O_O_za2F- z O LL SIN ❑J N Ln ��wj UHF-mom~w F- Q 2 W Q i (n Op 0rnrnOOOC) OU w LL ❑ O m}� W >U W Z O x W� O 0o Q❑❑Q��LI) w U ❑ wZ0 N O �00Ln D D 0 UQQwa'1,LL z z w FS�d x z0 LL IX F41 N O •- 0 LLUUzaLL0 � w z O H w} 0 Wmw v v ❑ (0 W OLLLL�LLow w S w SUN x> w ww -C w °� bi 4i OF J W aa0wUZ m F- J C7 �wQ y 2❑ ?�?FS ++ > O.L J Uz �FH�Ofaa UW Ww W W w�Z iW ~U SO❑ W Q N 2S OQa WQOf I)f w❑ wLL LWLNZ w U rt QQ� J x Y� ❑O ZO�Q Q bf C F -F- :z) :3 ❑Q R Mw m U a- z m co (n J ❑ � W ❑❑ wOoOO Z) NU J W W 0 ❑ N ❑o F-cn F -W > 05 F -W W QZQ� m���p Q --j d�0 ❑ ILLz Zm =waw 41 z co a0Z❑wQw C7 W W LLQ 2 a W F J O- Q� F W W _v 0 wz a00o2❑ z000cn rn o USC) Q C7a zw z=rna Fm ❑F -F -W ��� F -W W W LL , w fA aF-W > z� OZ OI._.c`•�Q ❑- ~ W aW W ZLL0N UUUUO Z w N 3: >- W F -Q Itwcn E ZLWLL Z3:3: Jio XZZZZ w O 0 OQW m Ncn a2 wOC9� p C7o O==�U❑} o ZF H-Fa-� w Z �w>> ~O mwIr ❑ U~ Q W ZQ= 41 }cov QZa°'o Q❑❑❑a Q w aa2 Of ? = W❑ mF =0 Z 2 00 �ZOF-LLo ZaQa� W LLLi UW � Q }F- ❑J aLLLH� ZZ W W IX 2 O ❑ w O fi) = F-LLW Q Q0❑Q z Q W S��0E- V 0 J rn(nrnW raj) of pa W U w0 F� Za0❑ N o Lim ~��wg W CU7 0www~ LL D � Jw� � FU W p W N< 7 m OM QOOSa>Z zi�ihio0 o CU1 QU' Of w W OUQ W QaF to o aF ��2F-Q�w Z V N�� U (n wpQ a (nY Z 2❑ U >•. o �rn ZwFOQW Qm �ov°Ln°z z oNW U HU O❑W ZO�w r`aw m$ U❑ UaaaZ z ao�rnr�0 J o Z}p U Z W 1-Z �zZ 'O ?ALL o a U) W D D W W Z Z W oo � � w I Q a Y W p r ❑ 0 o p i n= F C7- 0222 Q o ❑ cn = O ¢ ^w N z ~ 2ww1QF-0z wlyof F En w Q U❑ClNZ Cl 0 -j pZ p(n u)6Fa wa OzzDQO W 50000 S W ❑�`� O > W C�WZa°'o m zoo m W 0000J?m F-ZZZ F- F- a YO m w 00 aJ z� 0 �°C U m J W J d O H� H p > cnQmZ U QSUS C w MLL>> = am WOWO N > F Oar F mcncncn N Ln z z 30' 30' rV o F In w N o N WI I I JI I I W � Z O Q p m 3 U a J z 0 O U F _ W J F U Q p i w Q w u U Cn W 3 a U a W LL = _m u o S LLI w p U) W S J z = Q w0-1 D (DZ Z Cl) cn F 0 Q V)i a u u u n n a oc V LL W `w1 O N w C7 a In d o cn (n af af Q ^c 4-1 N z C z Q z w U F Q Yw V1 W +L+ I� = a p0 m �� IN0 �I �� m m 9 U M N �pav,of Y 0 u w E ^ �� W O� W Q 0 U) vwi O 2_w2- m w D J w 0J vwi�~~U~~(O w ^ O— LL Q Q 2 p O W Q J O LL J J Q x D w II Z I W LL J Z O d d d 11 J 0 II II II II II II II II II LU z 0 0 W cV 7 J m 0 � a S L'LZZ-3„9 L,Ot.00N O N F- J m Z W -I I cn atS +' > v1 0 0 , CV U m m w 2 r0 z— o m WLL-jz�aaacnv 3o�a0 d j O aV 5 a W W to z r0 0 N an O < rho 0 0 2 b V) Jd ^ N z> 0 O sffi `�w z d 0 v n O N w W o o +' 0 Z U rn F v v o C' F w l,j ,0£ ,0£ -r w d C � �JU v N I I I 7 CL C N 4.1 Q z UJ ~ 0 � cc w N w � .^� ui O��y 0 LU w I °6 E o' a O c m W Uw a) FW O U d ° �W0 U w(M o �Z� N O 00 3 N x w +1 X . �� C zZ O C iSV3 62 30NV8 `Hif10S Zc dIHSNMOi CD W z o W �' b N01103S d0 �/ L iS3MH12i0N 3Hi d0 3�od r lnLLn z % O � S v VL iSV3HinOS 3Hi d0 3N1 -I iS3M 000M 9Nl1SIX3 / U �� Z OZ i0V2ii 3N1 -I iSV3 iN3N13S-3 "1'd' -i o n o 0 30TH ,0.0Z O Z= F w a o �wMo (83Alb NVIONI MON) UIUUI a8 +, 0 (nto Lo Z LL .liWOO 31om 'iS SZ 30Vd `Z N008 iV�d }O JulOd n °p C Lo I? oa J.NVdW00 SWaVd 2J3AI8 NVIONI d0 3Hi SONV� d0 iVId IVZ13N30 iSV� b NOLL03S */l WN 3HL 30 OZ }�p�l 4/L 'M'S 3H1 30 3NIl HLno co O 0 c (AHIS Ln Q S 00 r— tn File ID: 25-0992 Indian River County, Florida MEMORANDUM '7 -L - Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Anthony Warren, Director - Building & Facility Services FROM: Robert S. Skok, Capital Projects Manager DATE: October 6, 2025 SUBJECT: Florida Gas Transmission Encroachment Agreement - Amendment 1 Indian River County Fire Station 7 (IRC -1911) BACKGROUND Emergency Management Services currently has Fire Station 7 under construction and County staff is overseeing administration of the Contract. Florida Gas Transmission Company, LLC (FGT) is the holder of an easement in it which has constructed, currently operates and maintains natural gas pipelines and related subsurface appurtenances across the lands. To gain access to the fire station property and install utility lines, a paved road with curbing and a sidewalk, FGT entered into an Encroachment Agreement with the County to construct those improvements within the FGT easement area. Recently, FGT has requested to amend the Encroachment Agreement to install a six-foot (6') high black vinyl clad chain-link fence with two (2), six-foot (6') wide swing gates. In addition, this amendment will add to the existing drawings with additional revised plan drawings attached hereto and made a part hereof as Exhibit C-1. ANALYSIS N/A BUDGETARY IMPACT There is no funding associated with this agenda item. PREVIOUS BOARD ACTIONS Approval of original Encroachment Agreement. POTENTIAL FUTURE BOARD ACTIONS N/A Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow slp LegistarTTM STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the Amendment to the Agreement with Florida Gas Transmission Company, LLC, and authorize the Chair to execute the final legal documents of the approved agreement. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow 6 Legistar' Instrument Prepared By and Return to: Right of Way Department/Amy Powell Florida Gas Transmission Company, LLC 2301 Lucien Way, Suite 200 Maitland, FL 32751 Project No.: 25-364 (Amend 1— 24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 AMENDMENT OF ENCROACHMENT AGREEMENT WHEREAS, by that certain Encroachment Agreement dated February 14, 2025, and recorded in Instrument # 3120250010885 in Official Records, Indian River County, Florida, ("Agreement") Florida Gas Transmission Company, LLC, ("FGT") agreed to allow Indian River County, a Political subdivision of the State of Florida ("Owner') to install a four -inch (4") force main and an eight -inch (8") water main under the pipeline via directional bore at two (2) different crossings, as well as an asphalt roadway with curbing and a concrete sidewalk above the pipeline at two (2) different crossings, all crossing and within the FGT natural gas pipeline easement described in the Agreement; WHEREAS, FGT and OWNER desire to amend the Agreement to install a six-foot (6') black vinyl clad chain link fence with two (2), six-foot (6) wide swing gates. In addition, this amendment will add to the drawings shown on pages 9-15 of Exhibit C with additional revised plan drawings attached hereto and made a part hereof as Exhibit C-1. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT FGT, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by Owner, does hereby agree and consent, subject to the terms and provisions of the Agreement and this Amendment of the Encroachment Agreement ("Amendment"), to the following: a. Addition and/or Replacement of Exhibit C Drawings with the drawings attached to this Amendment as Exhibit C-1. FGT and Owner stipulate and agree that the statements and information contained in the introductory paragraphs of the Agreement as changed by this Amendment are true and correct and are incorporated herein by this reference. FGT and Owner do hereby ADOPT, RATIFY and CONFIRM the Agreement, as amended and modified by this Amendment and agree to be bound thereby. This Amendment and the benefits and obligations herein contained shall insure to the benefit of and be binding and obligatory upon FGT, Owner and their respective successors and assigns. 581 Project No.: 25-364 (Amend 1 —24-314) TractNo.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 EXECUTED THIS WITNESSES: day of Name: Kristin Duke Address:2301 Lucien Wav, Ste 200 Maitland, FL Name: Amy Powell Address:2301 Lucien Way, Ste 200 Maitland, FL STATE OF FLORIDA COUNTY OF ORANGE 2025. "FGT" FLORIDA GAS TRANSMISSION COMPANY, LLC NJ DAVID SHELLHOUSE VP of SOUTHEAST DIVISION ACKNOWLEDGEMENTS The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2025, by DAVID SHELLHOUSE, VICE PRESIDENT OF FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Notary Public Printed Name: PAGE 2 582 Project No.: 25-364 (Amend 1 —24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 WITNESSES: Name: Address: Name: Address: STATE OF FLORIDA COUNTY OF "OWNER" INDIAN RIVER COUNTY Name: Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2025, by . as of INDIAN RIVER COUNTY, on behalf of the corporation, on behalf of the company personally known to me or has produced of identification) as identification. Notary Public Printed Name: PAGE 3 He/she is (type 583 Project No.: 25-364 (Amend 1 —24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 EXHIBIT C-1 To that certain Amendment of Encroachment Agreement Dated , 2025 By and between FLORIDA GAS TRANSMISSION COMPANY, LLC, and INDIAN RIVER COUNTY DESCRIPTION OF THE ENCROACHMENT (See attached 1 Page) PAGE 4 584 Project No.: 25-364 (Amend 1 —24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 'll —r - � !... F a J a f{! i +p J F VOWk. . —r - 585 � !... F a J a f{! i +p J F 585 Indian River Coun Indian River County Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * * indianriver.gov toA MEMORANDUM File ID: 25-0993 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Procurement Manager FROM: Shelby Ball, Procurement Specialist DATE: October 6, 2025 SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal and Trade -In BACKGROUND The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Comptroller Division Policies. Items indicated for disposal will be sold by online auction, and funds received from the sale of these items will be returned to the appropriate accounts. ANALYSIS The Department of Utility Services was approached by its supplier of water meters, Empire Pipe & Supply ("Empire"), with a proposed Loyalty Program. Under this program, Octave brand meters less than ten years old that have been removed from service due to operating failure may be returned to Empire, in return for a deduction in the cost of replacement meters. Depending on the model of meter returned, the decrease in cost of a replacement will vary from 46 to 68 percent. Meters that the Department is requesting to be returned are indicated on the list's "disposal method" column as "trade-in". BUDGETARY IMPACT There is no cost to the County associated with these requests. PREVIOUS BOARD ACTIONS Approved trade-in of 25 Octave Water Meters at the 031125 meeting. POTENTIAL FUTURE BOARD ACTIONS Future approval of trade-in items. STAFF RECOMMENDATION Staff recommends the Board declare the items on the Excess List for 102125 as surplus, and authorize their Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow 6 LegistarT11 disposition, as indicated. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 PowPAqApy LegistarTM EXCESS LIST FOR 102125 Depth Asset Fleet Dewiption WN/Serial Wwwne. DISPOSAL METHOD 218 21421 310 2003 Kendall 7x18 Aluminum Trailer KT7X182D038263962 Y SELL 218 189780 254 2000 Road Runner Trailer 7x12 129ES121XXF0221223500 Y SELL 106 25673 279 2010 Ford Estape XlS 1FMCUDC79AKC96857 N SELL 700 31832 Open M72 Opener Extractor 19688 Y SELL 700 31833 Open M72 Opener Extractor 19657 Y SELL 700 26530 K ocem Taskal(a 4500i Printer/Copier N SELL 700 29116 jtoLo Post DS -85 Folding Insert MachineN SELL 700 (12) Folding Tables Y SELL 265 (34) 2" Octave Water Meters N TRADE-IN 265 1 16" Octave Water Meter N TRADE-IN 598 Indian River Co�Wf Indian River County Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * * indianriver.gov �taA MEMORANDUM File ID: 25-0997 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services FROM: Bryan Beavers, Utility Finance Manage DATE: October 2, 2025 SUBJECT: Report Back of Utility Accounts Receivable Bad Debt Write Offs During Fiscal Year 2025 BACKGROUND On March 9, 2021, a public hearing took place that resulted in modifications to County Code Section 201.22 pertaining to payments and collections of certain utility bills. These modifications gave authorization to the Director of Utility Services to waive some, or all, penalties and interest on past -due utility accounts and to make payment arrangements for settlement of said accounts. Modifications to code also included language that provided staff with the authorization to seek final settlement, or ultimately foreclosure, for any accounts that remained unsettled. ANALYSIS During fiscal year 2025, the Indian River County Department of Utility Services (IRCDUS) completed settlement agreements for fifteen utility accounts that were very delinquent. These settlements resolved $426,106.29 of the accounts receivable balance. To induce these settlements, IRCDUS agreed to waive an estimated $355,014.06 of past due penalties and interest charges. Four of the fifteen settlements have completed all payment arrangements and are subject to a write-off of $75,640.41 in fiscal year 2025. Eleven of the fifteen settlements have payment arrangements ongoing, and the final write-off amount cannot be finalized until the payment arrangements are completed. There are 228 active IRCDUS accounts that are 120 days or more past due. Presently, ten of the most delinquent accounts have been referred to our foreclosure attorney to process a foreclosure. (See Delinquent Accounts table in attachments) In summary, IRCDUS is requesting $75,640.41 of waived penalties and interest on completed settlement agreements be written off as bad debt. BUDGETARYIMPACT Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow �y Legistar' Funds in the total amount of $75,640.41 to cover the expenses for the fiscal year 2025 bad debt write-off will come from the Utilities/Cust Svc/Bad Debt-Water/Sewer account, number 47126536-036510, in the amount of $75,640.41, which is in the IRCDUS operating fund. IRCDUS operating funds are derived from water and sewer sales. STAFF RECOMMENDATION Staff recommend that the Board of County Commissioners authorize staff to classify as bad debt expense the $75,640.41 in penalties and interest that were waived on the settled and completed accounts. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow"o legistarTm 1 4.0 QM as a as y N a 0 F a b v3 � y v � .E as �I O O �aaC�,Cn'; 00 O O O 00 -- C% �aaa Mq o o� a�~� z W "ac; N �aA o g r.,' V v)v]�dA Indian River County, Florida # s MEMORANDUM �oxroA File ID: 25-0998 TO: THROUGH: FROM: DATE: SUBJECT: Type: Consent Staff Report Board of County Commissioners John A. Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director Quintin Bergman, Coastal Resource Manager October 10, 2025 VL Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 Change Order 1 - Work Order No. 2018006-19 - APTIM, Sector 3 Hurricanes Ian and Nicole Dune Renourishment 2025 Environmental Monitoring BACKGROUND On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with APTIM Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services (RFQ# 2018006) related to the management and nourishment of Sector 3 (Wabasso Beach). The Sector 3 project area is a critically eroded 6.6 -mile section of engineered shoreline that extends from the Seaview Subdivision south past the Turtle Trail beach park. The Sector 3 coastline suffered significant storm -related losses to the beach and dune system from the impacts of Hurricanes Ian (2022) and Nicole (2022) creating the need for repair. The construction of the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project (Sector 3 Project) was completed in April of 2024. On February 11, 2025 the BCC approved Work Order No. 2018006-19 Sector 3 Hurricanes Ian and Nicole Dune Renourishment 2025 Environmental Monitoring for permit required environmental monitoring activities. Regulatory permits issued for the beach restoration activities require post -construction environmental monitoring to be performed on a set schedule for several years following completion of construction. These environmental monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 3 Project, post -construction nearshore hardbottom, escarpment, sea turtle, and shorebird nest monitoring is required. Increased biological monitoring services from APTIM are needed due to the higher than average sea turtle nesting this season. Change Order No. 1 to Work Order No. 2018006-19 in the amount of $15,412.68 is for increased services associated with the required sea turtle monitoring. ANALYSIS Indian River County beaches have received more green sea turtle nests than expected surpassing the previous 2023 nesting record of 4,105 nests. As of October 3, 2025 a total of 4,632 green sea turtle nests have been recorded. County beaches have received a total of 11,413 nests across all three turtle species this season. Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow"IV LegistarTm Nesting has slowed significantly as the end of the nesting season approaches on October 31, 2025. The increase in nesting density in Sector 3 necessitates additional monitoring to maintain permit compliance. BUDGETARY IMPACT Partial reimbursement funding for the post -construction environmental monitoring associated with the Sector 3 Project will be made available through Federal Emergency Management Administration, the Florida Department of Emergency Management, and the Florida Department of Environmental Protection Local Government Funding Request Grants, and local funds for beach restoration provided by a portion of Local Optional Tourist Tax. Funding for post -construction related environmental monitoring is available in the Coastal Engineering Fund/Hurricane Ian Emergency Dune Repair account, No. 12814472-033490-22601, in the amount of $3,390.79 and the Coastal Engineering Fund/Hurricane Nicole Emergency Dune Repair account No. 12814472-033490-23007, in the amount of $12,021.89, for a total Change Order No. 1 cost of $15,412.68. Account Name Account No. Amount Coastal Engineering Fund/Hurricane Ian Emergency Dune Repair - 12814472-033490-22601 $ Sector 3 3,390.79 Coastal Engineering Fund/Hurricane Nicole Emergency Dune 12814472-033490-23007 $ Repair - Sector 3 12,021.89 Total $ 15,412.68 PREVIOUS BOARD ACTIONS Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project Award of Bid Release of Retainage for Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project (IRC -2315) Approval of Work Order No. 2018006-19 - APTIM, Sector 3 Hurricanes Ian and Nicole Dune Renourishment 2025 Environmental Monitoring POTENTIAL FUTURE BOARD ACTIONS Approval of a future 2026 Environmental Monitoring Work Order STRATEGIC PLAN ALIGNMENT Environment OTHER PLAN ALIGNMENT The Sector 3 management area is one of the 8 management areas outlined in the Beach Preservation Plan. STAFF RECOMMENDATION Staff recommends the BCC authorize Change Order No. 1 to Work Order No. 2018006-19 in the total lump sum amount of $15,412.68. Additionally, staff recommends the BCC authorize the Chairman to execute Change Order No. 1 to Work Order No. 2018006-19 on behalf of the BCC. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 powSwo y LegistarTM' WORK ORDER NUMBER 2018006-19 CHANGE ORDER NUMBER 1 SECTOR 3 HURRICANES LAN AND NICOLE DUNE RENOURISHMENT PROJECT ENVIRONMENTAL MONITORING 2025 This Change Order No. 1 to Work Order Number 2018006-19 is entered into as of this day of , 2025 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and 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 By: Joseph E. Flescher, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By: By: Nicole Sharp, P.E. Date: Coastal Restoration & Modeling Program Manager Approved: By: (seal Deputy Clerk) John Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Lo Jennifer Wintrode Shuler, County Attorney 594 i IrTivainiuval September 17, 2025 Quintin Bergman Coastal Resource Manager Natural Resources Department - Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #19 2025 Environmental Monitoring Change Order #1 Dear Quintin: Exhibit 1 Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 S61 3918102 Fax: +1 561 391 9116 www.aptim.com This proposal is in response to Indian River County's (County) request for a Change Order to Work Order #19 for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to the County in support of the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project. This Change Order allows APTIM and its subcontractor, Ecological Associates, Inc. (EAI), to continue to perform professional services for the 2025 sea turtle nesting season. 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 were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). Task 2: 2025 Sea Turtle and Escarpment Monitoring The Sector 3 2025 sea turtle monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). Task 2: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2025 sea turtle monitoring effort along the approximate 6.7 mile shoreline (R-20 to R-55) within the Sector 3 Project Area addresses permit -required post -construction sea turtle monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed cost breakdown (Attachment 1) for the additional sea turtle nest marking and monitoring. Task 2: Deliverable Deliverables included a nesting season summary report within 90 days of completion of all monitoring activities and a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success at the end of the 2025 nesting season. 595 APTIM Task 2: Schedule September 17, 2025 Page 2 of 3 The sea turtle monitoring commenced in March 2025 and will continue through the end of the 2025 nesting season. The lump sum cost for this task is $15,412.68. Summary The total lump sum cost to perform the proposed work described herein for Change Order #1 to Sector 3 — 2018006 — Work Order #19 is $15,412.68. APTIM will proceed with the tasks upon receipt of a signed Change Order from Indian River County. Exhibit 1 includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely, Xt3x'� Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Debra Neese, APTIM 596 A P T I M September 17, 2025 Page 3 of 3 EXHIBIT 1 Indian River County, Florida Sector 3 - 2018006 - Work Order #18 2025 Environmental Monitoring Change Order #1 Summary of Labor Hours and Cost Labor Title Task Name Sea Turtle Monitoring Task 2 Equipment Totals Labor Labor Labor Bill Rate Hours Cost Hours Cost Senior Project Manager $ 250.00 Task 2 $ - - $ - Pro ram Manager $190.00 4 $ 760.00 4 $ 760.00 Senior Coastal Engineer $ 165.00 $ - - $ - Senior Marine Biologist $135.00 6 $ 810.00 6 $ 810.00 Marine Biologist II $ 95.00 $ - - $ - Senior CAD Operator $ 140.00 $ - - $ - GIS Operator $105.00 $ - - $ - Boat Captain $ 80.00 $ - - $ Bookkeeper $ 80.00 $ - - $ - Clerical $ 71.00 $ - - $ - Subcontractors - - $ 13,842.68 - $ 13,842.68 Equipment - - $ - - $ - Materials - - $ - - $ - Mobilization/Other ODCs I - I - 1 $ - - $ - TOTAL I - 1 10 1 $ 15,412.68 10 Is 15,412.68 Indian River County, Florida Sector 3 - 2018006 - Work Order #19 2025 Environmental Monitoring Change Order #1 Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 2 Sea Turtle Monitoring $ 1,570.00 $ 13,842.68 $15,412.68 Totals = $ 1,570.00 $ - $ - $ - $ 13,842.68 $15,412.68 597 ,> APTIM ATTACHMENT 1 ECOLOGICAL ASSOCIATES, INC. SCOPE OF WORK AND COST PROPOSAL 598 Description of Itemized Changes Sector 3 Post -construction Sea Turtle Monitoring Program 2025 Ecological Associates, Inc. O.S. No. 223995 (Project/Tasking No. 631042285) Item No. Description Unit Quantity Unit Price Price Increase 4 INest marking and Monitoring ea 150 $ 87.89 $ 13,183.50 Sector 3 Sea Turtle Monitoring Program 2025 Total $ 13,183.50 599 File ID: 25-0999 TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: Indian River County, Florida MEMORANDUM Type: Consent Staff Report Board of County Commissioners John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Christina Moore, ACP, C.Psy.D., Legal Assistant October 7, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 Economic Development Council Appointment - IRC Chamber BACKGROUND This agenda item is to consider the appointment of an applicant to fill the vacant position of "Indian River County Chamber Representative" on the Economic Development Council, which term expires in January 2029. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position: Andrea Beam This position was previously held by Dori Stone who resigned. Andrea Beam is the President of the Indian River County Chamber of Commerce. BUDGETARYIMPACT N/A STAFF RECOMMENDATION The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint her to fill the unexpired term ending in January 2029, for the "Indian River County Chamber Representative" to the Economic Development Council. Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 pow woo( t_egistar' , Indian River County Boards & Commissions Profile Andrea First Name M Middle Initial Beam Last Name Submit Date: Sep 23, 2025 andreab@indianriverchamber.com Email Address 2525 87th Ave. Street Address butte or Apt Vero Beach FL 32966 city State Postal Code Mobile: (772) 713-4274 Business: (772) 567-3491 Primary Phone Alternate Phone Indian River County Chamber of Commerce President Employer job Title Which Boards would you like to apply for? EDC - Economic Development Council: Submitted How long have you been a resident of Indian River County? 30 years Are you a full-time or part-time resident? Select one. 9 Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Current president of the Indian River County Chamber of Commerce. Prior experience in non- profit management & community development. Please list any licenses you presently hold: Current public notary; IOM Credential (Institute of Organization Management, US Chamber of Commerce). Please list any organization of which you are currently a member: University of Florida Alumni Association, Vero Beach Chamber Orchestra, Girl Scouts Southeast Florida Please list any other committees or boards you currently sit on: Board of Directors, The Willow School 601 Andrea M Beam Interests & Experiences Why are you interested in serving on a board or commission? I would like to represent the Indian River County Chamber of Commerce on this committee. The current IRC Chamber rep listed is our past President, Dori Stone who has retired. I want to keep the Chamber central to the Economic Development conversation, as we are the EDO for the County and are the "boots on the ground" for new business leads and outreach efforts. Andrea Beam Resume.ndf Upload a Resume Demographics Race (Used for State Reporting) * PF Caucasian Do you have a government recognized disability? (Used for State reporting information) r Yes r• No 602 Andrea M Beam 2525 87th Avenue Andrea Beam Vero Beach, FL 32966 (772) 713-4274 andrea.beam@aol.com EXPERIENCE EDUCATION Indian River County Chamber of Commerce, Vero Beach FL Master of science, University — President of Vermont: Natural Resource Comptroller 2019-2023; VP Operations 2023-2025; President 2025 -present Management (2011) Providing strategic leadership to drive business growth and economic Focus on Environmental policy, development in the region. Overseeing fiscal operations with a strong focus sociology, and stormwater on accountability, transparency, and long-term financial sustainability. management Building and strengthening relationships with local government, business leaders, and community partners to advance shared goals. Directing Bachelor Arts, University of initiatives that expand membership value, enhance regional visibility, and Florida: English, Mass leverage public-private partnerships. Communications (2007) Focus on journalism & Maine College of Art, Portland ME communication strategies — Student Accounts Manager 2019 CREDENTIALS & Managed accounts receivable functions for a private non-profit college, CERTIFICATES including tuition billing, collections, and administration of student health insurance and dining plans. Collaborated with the Registrar and Financial U.S. Chamber of Commerce: Aid Offices on account updates, assisted with financial reporting and audits, Institute of Organization and served on the Academic Excellence and Strategic Planning Committees. Management (IOM) Credential, 2025 Ocean Research & Conservation Association, Ft. Pierce FL — Bookkeeper/ Office Administrator Association of International 2017-2018 Certified Professional Managed a $1.2M budget, grants, contracts, and donor relations for a Accountants (AICPA): non-profit focused on Florida's ocean and estuary restoration. Oversaw Non -Profit Accounting administrative functions including HR, licensing, and procurement, while Certificate I, 2024 establishing a volunteer program which coordinated shoreline restoration events with 200+ volunteers. Heartworks & Renaissance Schools, Burlington VT — Director of Finance, Human Resources, &Administration 2015-2017 Oversaw business operations for 12 schools, including finance, HR, Employee Stock Ownership Plan, school licensing, accreditation, and marketing. Led expansion from 7 schools and $3M budget, to 12 schools and $5M budget, serving over 500 families and 150 staff across Vermont. 603 � 4 Indian River County, Florida * * MEMORANDUM �OR104' File ID: 25-1003 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John Titkanich, County Administrator f/V Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 FROM: Erik Harvey, Information Technology Director Racheal Miller, Senior Information Technology Security Analyst DATE: October 21, 2025 SUBJECT: IT Policies/Acceptable Use Policy Revision BACKGROUND The County currently maintains a set of twenty-one (2 1) information security policies. The first twenty (20) policies were originally developed by referencing the National Institute of Standards and Technology (NIST) Special Publication 800-53 security and privacy control framework. While this framework provided a structured starting point, the resulting policies were largely copied without sufficient tailoring to the County's environment. ANALYSIS The first twenty (20) policies contain overly technical language that is difficult for staff to read and apply, are structured for compliance with federal systems rather than the County's operational requirements, and require significant revisions to ensure they are usable, understandable, and effective. Staff have determined that attempting to revise these policies individually would be inefficient as they need substantial updates to improve clarity and align with County practices. It is in the County's best interest to remove these policies and develop new, targeted policies as needed. This approach will ensure that future policies are better aligned with current operational needs, are easier for staff to understand and follow, and support a more agile and effective information security program. Because the Acceptable Use Policy (AM -1200.21) includes references to these policies, it must be revised to remove those references and clearly reflect its role as the County's primary IT policy within the Administrative Policy Manual. BUDGETARY IMPACT There is no funding requirement associated with the revision of this policy. However, proper implementation and sustainment of this policy may result in future requests for additional funding. PREVIOUS BOARD ACTIONS Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow a qy Legistarn" Information Technology Policies (AM -1200.01 - 1200.21) were originally approved by the Board on January 31, 2023. The Acceptable Use Policy was last revised and approved by the Board on April 22, 2025. POTENTIAL FUTURE BOARD ACTIONS Periodically, revisions and additions to Information Technology policies will be made to address emerging threats, technological advancements, and regulatory changes. STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommend the Board approve the removal of IT policies AM -1200.01 through AM -1200.20 and the renumbering and revision of the Acceptable Use Policy (previously AM -1200.21, now AM -1200.1) to designate it as the County's primary IT policy and eliminate references to retired policies. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow "N� f_egistarTm I. Purpose The purpose of the Indian River County (IRC) Information Technology (IT) Acceptable Use Policy (AUP) is to establish clear rules, expectations, and acceptable practices for those who access or use County IT resources. This policy is designed to ensure the responsible, secure, and lawful use of technology while protecting the confidentiality, integrity, and availability of information created, collected, and maintained by the County. II. Scope This policy applies to all individuals who access, use, or manage Indian River County IT resources. This includes but is not limited to staff, constitutional offices, and contractors that are employed with Indian River Board of County Commissioners, including its officers, Departments, Divisions, and special dependent districts who are granted access to County systems, networks, data, or equipment. This policy covers all forms of County -owned or managed IT resources, including hardware, software, contracts, licensing, cloud services, mobile devices, professional services, communication systems, applications, and any data created, collected, stored, transmitted, or maintained using these resources. This policy ensures that users of County IT resources, including its officers, Departments, Divisions, and special dependent districts understand their responsibilities in maintaining the security and integrity of information systems, regardless of location, device, or method of access. III. Definitions Adult Content/Adult Links — Includes material with sexually explicit content, nudity, graphic violence, or other themes unsuitable for children, often designed to audiences ages 18 and older. Credentials — Pieces of information (i.e. username, pin, password) used to verify the identity of an individual or entity accessing a system, application, or network. Content — Any type of digital information, files, or documents that users upload, create, store, or share. Page 1 1 606 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 1 of 19 I. Purpose The purpose of the Indian River County (IRC) Information Technology (IT) Acceptable Use Policy (AUP) is to establish clear rules, expectations, and acceptable practices for those who access or use County IT resources. This policy is designed to ensure the responsible, secure, and lawful use of technology while protecting the confidentiality, integrity, and availability of information created, collected, and maintained by the County. II. Scope This policy applies to all individuals who access, use, or manage Indian River County IT resources. This includes but is not limited to staff, constitutional offices, and contractors that are employed with Indian River Board of County Commissioners, including its officers, Departments, Divisions, and special dependent districts who are granted access to County systems, networks, data, or equipment. This policy covers all forms of County -owned or managed IT resources, including hardware, software, contracts, licensing, cloud services, mobile devices, professional services, communication systems, applications, and any data created, collected, stored, transmitted, or maintained using these resources. This policy ensures that users of County IT resources, including its officers, Departments, Divisions, and special dependent districts understand their responsibilities in maintaining the security and integrity of information systems, regardless of location, device, or method of access. III. Definitions Adult Content/Adult Links — Includes material with sexually explicit content, nudity, graphic violence, or other themes unsuitable for children, often designed to audiences ages 18 and older. Credentials — Pieces of information (i.e. username, pin, password) used to verify the identity of an individual or entity accessing a system, application, or network. Content — Any type of digital information, files, or documents that users upload, create, store, or share. Page 1 1 606 NE �, `LORI Contractor — A person, company, consultant, third party, vendor, sub -contractor, or business partner that enters into a contract with Indian River County to provide materials, labor, or services to accomplish a job or task. Data Incident—Any potential loss, theft, or compromise of County information. Door Propping — Intentionally keep a door open or partially opening by using an object to prevent the door from fully closing. Facility Security Incident— Any damage or potentially unauthorized access to a County owned, leased, or managed facility. Firmware — A type of software which is embedded into hardware devices to control their functionality. Identity and Access Management Information — Data and tools that assist in controlling access to organizational systems, networks, and facilities. Information Technology Resources — Any electronic equipment, hardware, software, or services that are assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: computer workstations and servers, laptops, printers, copy machines, scanners, cellular phones, tablets, fax machines, software applications, internet access, voicemail, and e-mail. Personnel— Users such as employees, contractors, vendors, volunteers, and third parties. Piggybacking/Tailgating — Unauthorized act of gaining access to a restricted area, system, or network by following closely behind an authorized individual without their knowledge or consent. Principle of Least Privilege — A security concept that restricts users, accounts, and processes to only the minimum necessary privileges required to perform their specific tasks or job duties. Policy Violation — Any potential violation of this or other County policies, standards, or procedures. Removable Media — Any type of storage device that can be easily added or removed from an information technology resource, typically for the purpose of storing, transferring, or accessing data (e.g., U56 drives or CDs). Page 1 2 607 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 2 of 19 Contractor — A person, company, consultant, third party, vendor, sub -contractor, or business partner that enters into a contract with Indian River County to provide materials, labor, or services to accomplish a job or task. Data Incident—Any potential loss, theft, or compromise of County information. Door Propping — Intentionally keep a door open or partially opening by using an object to prevent the door from fully closing. Facility Security Incident— Any damage or potentially unauthorized access to a County owned, leased, or managed facility. Firmware — A type of software which is embedded into hardware devices to control their functionality. Identity and Access Management Information — Data and tools that assist in controlling access to organizational systems, networks, and facilities. Information Technology Resources — Any electronic equipment, hardware, software, or services that are assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: computer workstations and servers, laptops, printers, copy machines, scanners, cellular phones, tablets, fax machines, software applications, internet access, voicemail, and e-mail. Personnel— Users such as employees, contractors, vendors, volunteers, and third parties. Piggybacking/Tailgating — Unauthorized act of gaining access to a restricted area, system, or network by following closely behind an authorized individual without their knowledge or consent. Principle of Least Privilege — A security concept that restricts users, accounts, and processes to only the minimum necessary privileges required to perform their specific tasks or job duties. Policy Violation — Any potential violation of this or other County policies, standards, or procedures. Removable Media — Any type of storage device that can be easily added or removed from an information technology resource, typically for the purpose of storing, transferring, or accessing data (e.g., U56 drives or CDs). Page 1 2 607 Site Moderator— Individuals responsible for managing and maintaining the commenting community for a given social media site or blog. Technology Incident— Any potentially harmful event that may cause a failure, interruption, or loss in availability to County information technology resources. Unauthorized Access Incident— Personnel or a program that attempts to gain access to County resources which is not formally approved. IV. Policy 1. Acceptable Use a. Personnel shall comply with County policies and procedures when using County information technology resources. If requirements are unclear, personnel are instructed to seek assistance from the Information Technology Department via the Help Desk. b. Personnel must promptly report harmful events or policy violations involving County information technology resources or information to their manager or the Cybersecurity Incident Response Team (CIRT). Events include, but are not limited to, the following: i. Technology incident ii. Data incident iii. Unauthorized access incident iv. Facility security incident V. Policy violation c. Personnel shall not purposely engage in activities that may: i. Harass, threaten, impersonate, or abuse others; or ii. Degrade the performance of County information technology resources; or iii. Deprive authorized County personnel access to a County information technology resource; or Page 13 608 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 3 of 19 Site Moderator— Individuals responsible for managing and maintaining the commenting community for a given social media site or blog. Technology Incident— Any potentially harmful event that may cause a failure, interruption, or loss in availability to County information technology resources. Unauthorized Access Incident— Personnel or a program that attempts to gain access to County resources which is not formally approved. IV. Policy 1. Acceptable Use a. Personnel shall comply with County policies and procedures when using County information technology resources. If requirements are unclear, personnel are instructed to seek assistance from the Information Technology Department via the Help Desk. b. Personnel must promptly report harmful events or policy violations involving County information technology resources or information to their manager or the Cybersecurity Incident Response Team (CIRT). Events include, but are not limited to, the following: i. Technology incident ii. Data incident iii. Unauthorized access incident iv. Facility security incident V. Policy violation c. Personnel shall not purposely engage in activities that may: i. Harass, threaten, impersonate, or abuse others; or ii. Degrade the performance of County information technology resources; or iii. Deprive authorized County personnel access to a County information technology resource; or Page 13 608 iv. Obtain additional information technology resources beyond those which have been allocated; or Circumvent County computer security measures; or vi. Alter, damage, or change configurations on County information systems without proper authorization. d. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. For example, County personnel shall not run password cracking programs, packet sniffers, port scanners, or any other non -approved programs on any County information technology resource. e. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. Software products that are not appropriately licensed for use by the County shall not be installed on County information technology resources. f. All work products, intellectual property, and proprietary information, including reports, drawings, blueprints, software codes, computer programs, data, writings, and technical information, created or developed using County information technology resources are the property of the County. g. Use of encryption shall be managed in a manner that allows designated County personnel to promptly access all data. h. County information technology resources are provided to facilitate County business and shall not be used for personal use. i. Personnel are expected to cooperate with incident investigations, including any federal or state investigations. j. Personnel should not intentionally access, create, store, or transmit material which County may deem to be offensive, indecent, or obscene. 2. Access Management a. Access to County information technology resources and information is based on the principle of least privilege. Page 14 609 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 4 of 19 iv. Obtain additional information technology resources beyond those which have been allocated; or Circumvent County computer security measures; or vi. Alter, damage, or change configurations on County information systems without proper authorization. d. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. For example, County personnel shall not run password cracking programs, packet sniffers, port scanners, or any other non -approved programs on any County information technology resource. e. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. Software products that are not appropriately licensed for use by the County shall not be installed on County information technology resources. f. All work products, intellectual property, and proprietary information, including reports, drawings, blueprints, software codes, computer programs, data, writings, and technical information, created or developed using County information technology resources are the property of the County. g. Use of encryption shall be managed in a manner that allows designated County personnel to promptly access all data. h. County information technology resources are provided to facilitate County business and shall not be used for personal use. i. Personnel are expected to cooperate with incident investigations, including any federal or state investigations. j. Personnel should not intentionally access, create, store, or transmit material which County may deem to be offensive, indecent, or obscene. 2. Access Management a. Access to County information technology resources and information is based on the principle of least privilege. Page 14 609 b. Personnel are permitted to use only those information technology resources issued to them by the County's Information Technology Department and shall not attempt to access any data or application programs contained within County information technology resources for which they do not have authorization or explicit consent. c. All remote access connections made to internal County networks and/or environments must be made through approved, and County -provided, virtual private networks (VPNs). d. Personnel shall not divulge any identity and access management information to anyone not specifically authorized to receive such information, including Information Technology support personnel. e. Personnel must not share their identity and access management information, including: i. Account passwords; or ii. Personal Identification Numbers (PINS); or iii. Security Tokens (i.e. Smartcard); or iv. Multi -factor authentication information; or V. Access cards and/or keys; or vi. Digital certificates; or vii. Similar information or devices used for identification and authentication purposes. f. Access cards and/or keys that are no longer required must be returned to a supervisor or the Human Resources Department. g. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. 3. Authentication/Passwords a. All personnel are required to maintain the confidentiality of identity and access management information. Page 15 610 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 5 of 19 b. Personnel are permitted to use only those information technology resources issued to them by the County's Information Technology Department and shall not attempt to access any data or application programs contained within County information technology resources for which they do not have authorization or explicit consent. c. All remote access connections made to internal County networks and/or environments must be made through approved, and County -provided, virtual private networks (VPNs). d. Personnel shall not divulge any identity and access management information to anyone not specifically authorized to receive such information, including Information Technology support personnel. e. Personnel must not share their identity and access management information, including: i. Account passwords; or ii. Personal Identification Numbers (PINS); or iii. Security Tokens (i.e. Smartcard); or iv. Multi -factor authentication information; or V. Access cards and/or keys; or vi. Digital certificates; or vii. Similar information or devices used for identification and authentication purposes. f. Access cards and/or keys that are no longer required must be returned to a supervisor or the Human Resources Department. g. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. 3. Authentication/Passwords a. All personnel are required to maintain the confidentiality of identity and access management information. Page 15 610 b. If authorized by the Information Technology Department, any group/shared identity and access management information must be maintained solely among the authorized members of the group. c. All identity and access management information, including initial and/or temporary credentials, must be constructed, and implemented in accordance with the following requirements: i. Must meet all requirements including minimum length, complexity, and reuse history. ii. Must not be easily tied back to the account owner by using things like username, social security number, nickname, relative's names, birth date, etc. iii. Must not be the same passwords used for non -business purposes. d. Unique passwords should be used for each system whenever possible. e. If the security of a password is in doubt, the password shall be changed immediately. f. Personnel shall not circumvent password entry with application remembering, embedded scripts, or hard coded passwords in client software. g. Security tokens (i.e. Smartcards) must be returned on demand or upon termination of the relationship with County, if issued. 4. Clear Desk/Clear Screen a. Personnel shall log off from applications or network services when they are no longer needed. At a minimum, personnel shall log off at the end of each business day. i. Workstations shall be left in a powered -on state so that administration tasks may be performed on the workstation. b. Personnel shall log off or lock their workstations and laptops when their workspace is unattended. c. Confidential or internal information shall be removed or placed in a locked drawer or file cabinet when the workstation is unattended and at the end of the workday if physical access to the workspace cannot be secured by other means. Page 16 611 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAG E Acceptable Use Page 6 of 19 b. If authorized by the Information Technology Department, any group/shared identity and access management information must be maintained solely among the authorized members of the group. c. All identity and access management information, including initial and/or temporary credentials, must be constructed, and implemented in accordance with the following requirements: i. Must meet all requirements including minimum length, complexity, and reuse history. ii. Must not be easily tied back to the account owner by using things like username, social security number, nickname, relative's names, birth date, etc. iii. Must not be the same passwords used for non -business purposes. d. Unique passwords should be used for each system whenever possible. e. If the security of a password is in doubt, the password shall be changed immediately. f. Personnel shall not circumvent password entry with application remembering, embedded scripts, or hard coded passwords in client software. g. Security tokens (i.e. Smartcards) must be returned on demand or upon termination of the relationship with County, if issued. 4. Clear Desk/Clear Screen a. Personnel shall log off from applications or network services when they are no longer needed. At a minimum, personnel shall log off at the end of each business day. i. Workstations shall be left in a powered -on state so that administration tasks may be performed on the workstation. b. Personnel shall log off or lock their workstations and laptops when their workspace is unattended. c. Confidential or internal information shall be removed or placed in a locked drawer or file cabinet when the workstation is unattended and at the end of the workday if physical access to the workspace cannot be secured by other means. Page 16 611 d. File cabinets containing confidential information shall be locked when not in use or when unattended. e. Physical and/or electronic keys used to access confidential information shall not be left on an unattended desk or in an unattended workspace if the workspace itself is not physically secured. f. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in the possession of the person that they are issued to or stored in a locked drawer or cabinet when not in use (e.g. end of the workday). g. Passwords must not be stored on or under a computer or in any other physically accessible location. h. Copies of documents containing confidential information should be immediately removed from printers and fax machines. 5. Data Security a. Personnel shall use approved encrypted communication methods when sending confidential information over public computer networks (Internet). b. Only authorized cloud computing applications maybe used for sharing, storing, and transferring confidential or internal information. c. Information must be appropriately shared, handled, transferred, saved, and destroyed, based on the information sensitivity and consistent with Public Records Law and retention requirements. d. All electronic media containing confidential information must be disposed of securely and consistent with Public Records Law and retention requirements. Please contact the Information Technology Department for guidance or assistance. 6. Email and Electronic Communication a. Auto -forwarding electronic messages outside the County internal systems is prohibited. b. Electronic communications shall not misrepresent the originator or the County. c. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. Page 17 612 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 7 of 19 d. File cabinets containing confidential information shall be locked when not in use or when unattended. e. Physical and/or electronic keys used to access confidential information shall not be left on an unattended desk or in an unattended workspace if the workspace itself is not physically secured. f. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in the possession of the person that they are issued to or stored in a locked drawer or cabinet when not in use (e.g. end of the workday). g. Passwords must not be stored on or under a computer or in any other physically accessible location. h. Copies of documents containing confidential information should be immediately removed from printers and fax machines. 5. Data Security a. Personnel shall use approved encrypted communication methods when sending confidential information over public computer networks (Internet). b. Only authorized cloud computing applications maybe used for sharing, storing, and transferring confidential or internal information. c. Information must be appropriately shared, handled, transferred, saved, and destroyed, based on the information sensitivity and consistent with Public Records Law and retention requirements. d. All electronic media containing confidential information must be disposed of securely and consistent with Public Records Law and retention requirements. Please contact the Information Technology Department for guidance or assistance. 6. Email and Electronic Communication a. Auto -forwarding electronic messages outside the County internal systems is prohibited. b. Electronic communications shall not misrepresent the originator or the County. c. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. Page 17 612 d. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. e. Personnel shall not use personal email accounts to send or receive County information. f. Any personal use of County provided email shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Forward chain emails; or V. Contain or promote threatening or unethical behavior; or vi. Violate local, state, federal, or international laws or regulations; or vii. Result in unauthorized disclosure of County information; or viii. Or otherwise violate any other County policies. g. Personnel shall send confidential information using only County approved secure electronic messaging solutions. h. Personnel must use caution when responding to, clicking on links within, or opening attachments included in electronic communications. i. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. j. Personnel email signatures shall be limited to only the following items: i. Name ii. Professional Designations or Certifications iii. Job Title iv. Department or Division Page 18 613 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 8 of 19 d. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. e. Personnel shall not use personal email accounts to send or receive County information. f. Any personal use of County provided email shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Forward chain emails; or V. Contain or promote threatening or unethical behavior; or vi. Violate local, state, federal, or international laws or regulations; or vii. Result in unauthorized disclosure of County information; or viii. Or otherwise violate any other County policies. g. Personnel shall send confidential information using only County approved secure electronic messaging solutions. h. Personnel must use caution when responding to, clicking on links within, or opening attachments included in electronic communications. i. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. j. Personnel email signatures shall be limited to only the following items: i. Name ii. Professional Designations or Certifications iii. Job Title iv. Department or Division Page 18 613 V. County Work Address vi. Office Phone Number vii. Mobile Phone Number viii. County issued email address ix. County approved logos X. County approved public records declaration or statement xi. County mission statement k. Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. 7. Microsoft Teams Messaging a. Teams functionality should primarily be used for work-related communication. b. Use of County provided Teams messaging shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Contain or promote threatening or unethical behavior; or V. Violate local, state, federal, or international laws or regulations; or vi. Result in unauthorized disclosure of County information; or vii. Or otherwise violate any other County policies. c. Sensitive information must not be shared via Teams messages. d. Personnel must use caution when clicking on links within or opening attachments included in Teams messages. Page 19 614 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 9 of 19 V. County Work Address vi. Office Phone Number vii. Mobile Phone Number viii. County issued email address ix. County approved logos X. County approved public records declaration or statement xi. County mission statement k. Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. 7. Microsoft Teams Messaging a. Teams functionality should primarily be used for work-related communication. b. Use of County provided Teams messaging shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Contain or promote threatening or unethical behavior; or V. Violate local, state, federal, or international laws or regulations; or vi. Result in unauthorized disclosure of County information; or vii. Or otherwise violate any other County policies. c. Sensitive information must not be shared via Teams messages. d. Personnel must use caution when clicking on links within or opening attachments included in Teams messages. Page 19 614 e. Teams messages made or received by County employees in connection with the transaction of official business are public records. 8. Microsoft OneDrive a. OneDrive maybe used to share content or collaborate with either internal or external parties. When sharing content, the following policies apply: i. Users shall use one of the following OneDrive sharing options: 1. Anyone; or 2. People in Indian River County BoCC; or 3. People with existing access; or 4. People you choose. a. Users shall specify with whom content is being shared using the intended recipient's email address. ii. Users shall share content as view -only unless there is a need for collaboration. 1. Users shall consider whether or not the recipient requires the ability to download the shared content. a. If not, the user shall share the content as 'Can't download' which is a more restrictive option of view -only. iii. Users shall periodically review shared content and remove shares which are no longer necessary. b. Users shall adhere to State of Florida and Indian River County retention policies for all content stored in their OneDrive account. c. Upon termination of a County employee, the employee's OneDrive account will be made available to the employee's immediate supervisor. i. Supervisors shall review all content contained within the OneDrive account to determine if any of the content stored within the account must be retained in accordance with State of Florida or Indian River County retention policies. Page 1 10 615 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAG E Acceptable Use Page 10 of 19 e. Teams messages made or received by County employees in connection with the transaction of official business are public records. 8. Microsoft OneDrive a. OneDrive maybe used to share content or collaborate with either internal or external parties. When sharing content, the following policies apply: i. Users shall use one of the following OneDrive sharing options: 1. Anyone; or 2. People in Indian River County BoCC; or 3. People with existing access; or 4. People you choose. a. Users shall specify with whom content is being shared using the intended recipient's email address. ii. Users shall share content as view -only unless there is a need for collaboration. 1. Users shall consider whether or not the recipient requires the ability to download the shared content. a. If not, the user shall share the content as 'Can't download' which is a more restrictive option of view -only. iii. Users shall periodically review shared content and remove shares which are no longer necessary. b. Users shall adhere to State of Florida and Indian River County retention policies for all content stored in their OneDrive account. c. Upon termination of a County employee, the employee's OneDrive account will be made available to the employee's immediate supervisor. i. Supervisors shall review all content contained within the OneDrive account to determine if any of the content stored within the account must be retained in accordance with State of Florida or Indian River County retention policies. Page 1 10 615 d. All content contained within a user's OneDrive account is subject to Florida public records law. 9. Hardware and Software a. All information technology hardware must be formally approved by the Information Technology Department before being connected to County networks. b. Personally owned devices are not permitted to connect to County networks, except for wireless networks provided for public access. c. Software installed on County information technology resources must be approved by the Information Technology Department and installed by County Information Technology personnel. d. All hardware shall run a supported version of firmware and shall be promptly patched once a vulnerability has been identified. e. All software shall run a supported version and shall be promptly updated once a vulnerability has been identified. f. All hardware and software shall be replaced or updated to a supported version before reaching the end -of -life date specified by the manufacturer. g. All County information technology resources taken off-site must be physically secured at all times. h. Personnel shall not allow family members or other non -employees to access County information technology resources. 10. Internet Use a. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. b. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: Page 1 11 616 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 11 of 19 d. All content contained within a user's OneDrive account is subject to Florida public records law. 9. Hardware and Software a. All information technology hardware must be formally approved by the Information Technology Department before being connected to County networks. b. Personally owned devices are not permitted to connect to County networks, except for wireless networks provided for public access. c. Software installed on County information technology resources must be approved by the Information Technology Department and installed by County Information Technology personnel. d. All hardware shall run a supported version of firmware and shall be promptly patched once a vulnerability has been identified. e. All software shall run a supported version and shall be promptly updated once a vulnerability has been identified. f. All hardware and software shall be replaced or updated to a supported version before reaching the end -of -life date specified by the manufacturer. g. All County information technology resources taken off-site must be physically secured at all times. h. Personnel shall not allow family members or other non -employees to access County information technology resources. 10. Internet Use a. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. b. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: Page 1 11 616 i. Recreational games; and ii. Streaming media; and iii. Personal social media; and iv. Accessing or distributing pornographic or sexually oriented materials; and V. Attempting or making unauthorized entry to any network or computer accessible from the Internet; and vi. Any activity that would violate any other County policy. c. Access to the Internet from outside the County network using a County owned computer must adhere to all the same policies that apply to use from within County facilities. 11. Mobile Devices a. County does not allow personally owned mobile devices to connect to the County enterprise internal network. b. Mobile devices that access County email servers must have a PIN or other authentication mechanism enabled. c. Confidential information should only be stored on devices that are encrypted in compliance with the County Encryption Standard. d. County confidential information should not be stored on any personally owned mobile device. e. Theft or loss of any mobile device that has been used to create, store, or access confidential or internal information must be reported to the County Information Technology Department immediately. f. All mobile devices must maintain up-to-date versions of all software and applications. g. All personnel are expected to use mobile devices in an ethical manner. Page 1 12 617 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 12 of 19 i. Recreational games; and ii. Streaming media; and iii. Personal social media; and iv. Accessing or distributing pornographic or sexually oriented materials; and V. Attempting or making unauthorized entry to any network or computer accessible from the Internet; and vi. Any activity that would violate any other County policy. c. Access to the Internet from outside the County network using a County owned computer must adhere to all the same policies that apply to use from within County facilities. 11. Mobile Devices a. County does not allow personally owned mobile devices to connect to the County enterprise internal network. b. Mobile devices that access County email servers must have a PIN or other authentication mechanism enabled. c. Confidential information should only be stored on devices that are encrypted in compliance with the County Encryption Standard. d. County confidential information should not be stored on any personally owned mobile device. e. Theft or loss of any mobile device that has been used to create, store, or access confidential or internal information must be reported to the County Information Technology Department immediately. f. All mobile devices must maintain up-to-date versions of all software and applications. g. All personnel are expected to use mobile devices in an ethical manner. Page 1 12 617 h. In the event there is a suspected incident or breach associated with a mobile device, it may be necessary to remove the device from the employee's possession as part of a formal investigation. i. All mobile device usage in relation to County information technology resources may be monitored at the discretion of County. j. County Information Technology support for personally owned mobile devices is limited to assistance in complying with this policy. i. County Information Technology support may not assist in troubleshooting device usability issues. k. Texting or emailing while driving is not permitted while working or using County vehicles. Only hands-free talking while driving is permitted when using County resources. 12. Physical Security a. Personnel must badge in and out of access -controlled areas. Piggybacking, tailgating, door propping and any other activity to circumvent door access controls are prohibited. b. Visitors accessing card -controlled areas of facilities must be accompanied by authorized personnel at all times. c. Eating and/or drinking is prohibited in data centers. d. Caution must be used when eating or drinking near workstations or information processing facilities. 13. Privacy a. Information created, sent, received, or stored on County information technology resources are not private and may be accessed by County Information Technology employees at any time, under the direction of County executive management and/or Human Resources, without knowledge of the user or resource owner. b. The County may log, review, and otherwise utilize any information stored on or passing through its information technology resources. Page 1 13 618 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 13 of 19 h. In the event there is a suspected incident or breach associated with a mobile device, it may be necessary to remove the device from the employee's possession as part of a formal investigation. i. All mobile device usage in relation to County information technology resources may be monitored at the discretion of County. j. County Information Technology support for personally owned mobile devices is limited to assistance in complying with this policy. i. County Information Technology support may not assist in troubleshooting device usability issues. k. Texting or emailing while driving is not permitted while working or using County vehicles. Only hands-free talking while driving is permitted when using County resources. 12. Physical Security a. Personnel must badge in and out of access -controlled areas. Piggybacking, tailgating, door propping and any other activity to circumvent door access controls are prohibited. b. Visitors accessing card -controlled areas of facilities must be accompanied by authorized personnel at all times. c. Eating and/or drinking is prohibited in data centers. d. Caution must be used when eating or drinking near workstations or information processing facilities. 13. Privacy a. Information created, sent, received, or stored on County information technology resources are not private and may be accessed by County Information Technology employees at any time, under the direction of County executive management and/or Human Resources, without knowledge of the user or resource owner. b. The County may log, review, and otherwise utilize any information stored on or passing through its information technology resources. Page 1 13 618 c. County Information Technology staff and other authorized County personnel may have privileges that extend beyond those granted to standard business personnel. Personnel with extended privileges shall not access files and/or other information that is not specifically required to carry out employment-related tasks. 14. Removable Media a. The use of removable media for storage of County information must be supported by a valid business case. b. All removable media use shall be approved in writing by the County Information Technology Department prior to use. c. Personally owned removable media use shall not be used for storage of County information and shall not be interfaced with County information technology resources. d. Personnel are prohibited from connecting removable media from an unknown origin to County information technology resources. e. All removable media must be stored in a safe and secure environment. f. All removable media shall be encrypted when technically feasible. a. The IT Department shall assess and determine whether encryption is feasible based on system compatibility, operational requirements, and technical limitations. b. If encryption is deemed infeasible due to technical constraints (e.g., system recovery tools, safe mode usage, compatibility, or embedded system requirements), alternative security controls must be implemented to mitigate risks. g. The loss or theft of a removable media device containing any County information must be reported to the County Information Technology Department immediately. 15. Security Training and Awareness a. All new personnel must complete an approved cybersecurity awareness training prior to, or within 30 days of, being granted access to any County Information technology resources. Page 1 14 619 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 14 of 19 c. County Information Technology staff and other authorized County personnel may have privileges that extend beyond those granted to standard business personnel. Personnel with extended privileges shall not access files and/or other information that is not specifically required to carry out employment-related tasks. 14. Removable Media a. The use of removable media for storage of County information must be supported by a valid business case. b. All removable media use shall be approved in writing by the County Information Technology Department prior to use. c. Personally owned removable media use shall not be used for storage of County information and shall not be interfaced with County information technology resources. d. Personnel are prohibited from connecting removable media from an unknown origin to County information technology resources. e. All removable media must be stored in a safe and secure environment. f. All removable media shall be encrypted when technically feasible. a. The IT Department shall assess and determine whether encryption is feasible based on system compatibility, operational requirements, and technical limitations. b. If encryption is deemed infeasible due to technical constraints (e.g., system recovery tools, safe mode usage, compatibility, or embedded system requirements), alternative security controls must be implemented to mitigate risks. g. The loss or theft of a removable media device containing any County information must be reported to the County Information Technology Department immediately. 15. Security Training and Awareness a. All new personnel must complete an approved cybersecurity awareness training prior to, or within 30 days of, being granted access to any County Information technology resources. Page 1 14 619 b. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information Security Policies before they are granted access to County Information technology resources. c. All personnel must complete the annual security awareness training and any assigned remedial training. 16. Social Media a. Communications made with respect to social media shall be made in compliance with all applicable County policies. b. Personnel are personally responsible for the content they publish online. c. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires approval in writing by the County Administrator. d. When discussing the County or County related matters, you must: i. Identify yourself by name; and ii. Identify yourself as a County representative or employee; and iii. Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. e. Personnel shall not misrepresent their role at the County. f. When publishing County -relevant content online in a personal capacity, a disclaimer must accompany the content. i. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." g. Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). Page 1 15 620 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 15 of 19 b. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information Security Policies before they are granted access to County Information technology resources. c. All personnel must complete the annual security awareness training and any assigned remedial training. 16. Social Media a. Communications made with respect to social media shall be made in compliance with all applicable County policies. b. Personnel are personally responsible for the content they publish online. c. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires approval in writing by the County Administrator. d. When discussing the County or County related matters, you must: i. Identify yourself by name; and ii. Identify yourself as a County representative or employee; and iii. Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. e. Personnel shall not misrepresent their role at the County. f. When publishing County -relevant content online in a personal capacity, a disclaimer must accompany the content. i. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." g. Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). Page 1 15 620 h. Discrimination (including age, sex, race, color, creed, religion, ethnicity, sexual orientation, gender, gender expression, national origin, citizenship, disability, or marital status or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances) in published content that is affiliated with County will not be tolerated. i. Confidential information, internal communications and non-public financial or operational information may not be published online in any form. j. Personal information belonging to County residents may not be published online. k. Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: i. Profane language or content; or ii. Personal attacks; or iii. Adult content or links to adult content; or iv. Content that includes unlawful conduct; or V. Comments that are clearly off topic from the posted topics; or vi. Advertising services, entities, products or solicitations of commerce; or vii. Spam or links to other websites, pages, or accounts; or viii. Information that may compromise the safety or security of the public or public systems; or ix. Content that defames any person, group, or organization. 17. Voicemail a. Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location information or other sensitive data. Page 116 621 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 16 of 19 h. Discrimination (including age, sex, race, color, creed, religion, ethnicity, sexual orientation, gender, gender expression, national origin, citizenship, disability, or marital status or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances) in published content that is affiliated with County will not be tolerated. i. Confidential information, internal communications and non-public financial or operational information may not be published online in any form. j. Personal information belonging to County residents may not be published online. k. Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: i. Profane language or content; or ii. Personal attacks; or iii. Adult content or links to adult content; or iv. Content that includes unlawful conduct; or V. Comments that are clearly off topic from the posted topics; or vi. Advertising services, entities, products or solicitations of commerce; or vii. Spam or links to other websites, pages, or accounts; or viii. Information that may compromise the safety or security of the public or public systems; or ix. Content that defames any person, group, or organization. 17. Voicemail a. Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location information or other sensitive data. Page 116 621 b. Personnel shall not access another user's voicemail account unless it has been explicitly authorized. c. Personnel must not disclose confidential information in voicemail messages. 18. Incidental Use a. As a convenience to County personnel, incidental use of information technology resources is permitted. The following restrictions apply: i. Incidental personal use of electronic communications, internet access, fax machines, printers, copiers, and so on, is restricted to County approved personnel; it does not extend to family members or other acquaintances. ii. Incidental use should not result in direct costs to the County. iii. Incidental use should not interfere with the normal performance of an employee's work duties. iv. No files or documents may be sent or received that may cause legal action against, or embarrassment to, the County or its residents. b. Storage of personal email messages, voice messages, files, and documents within County information technology resources must be kept to a minimum. c. All information located on County information technology resources is owned by County may be subject to public records requests and may be accessed in accordance with this policy. V. Disciplinary Action All employees found to have violated any of the policy statements defined within this policy will be subject to discipline up to and including dismissal in accordance with DISCIPLINARY PROCESS AM 807.1, and OFFENCES/DISCIPLINARY PATTERN, AM -807.2. Page 1 17 622 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 17 of 19 b. Personnel shall not access another user's voicemail account unless it has been explicitly authorized. c. Personnel must not disclose confidential information in voicemail messages. 18. Incidental Use a. As a convenience to County personnel, incidental use of information technology resources is permitted. The following restrictions apply: i. Incidental personal use of electronic communications, internet access, fax machines, printers, copiers, and so on, is restricted to County approved personnel; it does not extend to family members or other acquaintances. ii. Incidental use should not result in direct costs to the County. iii. Incidental use should not interfere with the normal performance of an employee's work duties. iv. No files or documents may be sent or received that may cause legal action against, or embarrassment to, the County or its residents. b. Storage of personal email messages, voice messages, files, and documents within County information technology resources must be kept to a minimum. c. All information located on County information technology resources is owned by County may be subject to public records requests and may be accessed in accordance with this policy. V. Disciplinary Action All employees found to have violated any of the policy statements defined within this policy will be subject to discipline up to and including dismissal in accordance with DISCIPLINARY PROCESS AM 807.1, and OFFENCES/DISCIPLINARY PATTERN, AM -807.2. Page 1 17 622 VI. References VII. Policy Review The Acceptable Use Policy will be reviewed annually by the Information Technology Department or as needed to incorporate any changes in the regulatory environment, business requirements, technology landscape, or lessons learned from incidents. VIII. Authority Approval and Signature Approved: BOCC Meeting — 10/21/2025 IX. Revision History VERSION SECTION CHANGES DEPT/INDIVIDUAL NUMBER EFFECTIVE DATE Information from the Administrative Policy Manual. IT/E. Harvey ADMINISTRATIVE Technology AM -1200.1 10/21/2025 POLICY MANUAL - Added statement regarding personally IT/N. Novak SUBJECT PAGE owned devices connecting to County Acceptable Use Page 18 of 19 VI. References VII. Policy Review The Acceptable Use Policy will be reviewed annually by the Information Technology Department or as needed to incorporate any changes in the regulatory environment, business requirements, technology landscape, or lessons learned from incidents. VIII. Authority Approval and Signature Approved: BOCC Meeting — 10/21/2025 IX. Revision History VERSION DATE CHANGES DEPT/INDIVIDUAL - Removed references to policies removed IT/D. Hamberger from the Administrative Policy Manual. IT/E. Harvey - Corrected section numbers. IT/J. Maldonado - Added statement regarding personally IT/N. Novak owned devices connecting to County IT/ R. Miller networks. IT/Z. Portwood - Added statement regarding altering, 1.6 10.21.25 damaging, or changing configurations on County information systems without proper authorization. - Removed section "Procedures, Guidelines, Forms and Other Related Resources". - Revised policy for clarity. - Revised policy section 14 "Removable IT/R. Miller Media" to refine language for improved clarity and readability. 1.5 04.22.25 - Revised policy section 14 "Removable Media" to include encryption requirement for removable media. Replaced placeholders for dates with date IT/R. Miller 1.4 08.20.24 of BOCC Meeting approval Page 1 18 623 Page 1 19 624 SECTION - Revised policy section 8 "Microsoft IT/R. Miller NUMBER EFFECTIVE DATE InformationTechnology option. ADMINISTRATIVE AM -1200.1 10/21/2025 POLICY MANUAL OneDrive" removing statement prohibiting SUBJECT PAGE users from using the Anyone sharing Acceptable Use Page 19 of 19 Page 1 19 624 - Revised policy section 8 "Microsoft IT/R. Miller OneDrive" to include Anyone as a sharing option. - Revised policy section 8 "Microsoft OneDrive" removing statement prohibiting users from using the Anyone sharing option. - Revised policy section 9 "Hardware and 1.3 07.15.24 Software" to include statements regarding patching/updating/replacing firmware and software. - Revised policy section 6 "Email and Electronic Communication" to include County mission statement in email signatures. - Revised definitions to include definition for firmware. Replaced County Administrator's signature IT/R. Miller 1.2 06.18.24 in section VIII with date of BOCC Meeting approval. 1.1 04.25.24 - Revised the policy scope to reflect IT/R. Miller updated organization structure. - Added section 7 "Microsoft Teams Messaging" to Policy Statement. - Added section 8 "Microsoft OneDrive" to Policy Statement. - All policy sections after section 7 and 8 have been renumbered due to the addition of sections 7 and 8. - Revised section 15 regarding updates in changes to the social media policy and procedures. - Minor grammatical/formatting fixes. 1.0 01.01.23 Initial Publication IT/D. Russell Page 1 19 624 Indian River County, Florida * ' MEMORANDUM �OR104' File ID: 25-1006 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado, Deputy County Attorney DATE: October 8, 2025 90 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indiandver.gov Meeting Date: 10/21/2025 SUBJECT: Resolution Cancelling Taxes on Property Purchased for Public Purpose - Meritage Homes of Florida, Inc. BACKGROUND A resolution has been prepared for the purpose of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County: Public Purpose: Right -of -Way Location/Description: PID 33393300002001000001.0; and PID33393300002016000001.0 Purchased from: Meritage Homes of Florida, Inc. Instrument: Warranty Deed, recorded in Book 3779, Page 1695 of the public records of STAFF RECOMMENDATION Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Indian River County, Florida Page 1 of 1 Printed on 10/16/2025 pow(o!� Legistar' RESOLUTION NO. 2025 - Purchased from Meritage Homes of Florida, Inc. Public Purpose: Riight-of-Way Tax Parcel No(s).: 33393300002001000001.0; and 33393300002016000001.0 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Meritage Homes of Florida, Inc., a 1 626 RESOLUTION NO. 2025 - Florida profit corporation for Right -of -Way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3779, Page 1695 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and 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 Joe Earman Commissioner Susan Adams Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of October, 2025. 2 627 RESOLUTION NO. 2025 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller A Deputy Clerk Tax Certificates Outstanding —X Yes No Current Prorated Tax Received and Deposited with Tax Collector $1,584.76 Approved as to form and legal sufficiency: By: Susan J. Prado Deputy County Attorney Q 628 312025(H)27098 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3779 PG: 1695,6/2/2025 2:41 PNI D DOCTAX PD $0.70 Prepared by and return to: Oftice of County Attomey INDIAN RIVER COUNTY 1801 2701 Street Vera Beach, FC 32960 772-226-1425 Parent Tract Property Parcel Nos.: 33393300002001000001.0 33393300002016000001.0 Project: Lakeside West RIGHT OF WAY DEED This Right -Of -Way Deed, made this 22' day of May, 2025, between MERITAGE HOMES OF FLORIDA, INC., a Florida profit corporation, having its principal 18655 North Claret Drive, Suite 400, Scottsdale, AZ 85255 ("Grantor"), and INDIAN RIVER COUNTY FLORIDA, a political subdivision of the State of Florida, the address of which is 1801 271h Street, Vero Beach, FL 32960, ("Grantee"): WITNESSETH: That the sald Grantor, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, and for other good and valuable consideration, does hereby grant, bargain, and sell to the Grantee, and its successors in interest, for the purposes of public right-of-way and purposes incidental thereto, the following described land, situate, lying and being in the County of Indian River, State of Florida, to -wit: SEE EXHIBIT "A", ATTACHED HERETO BY THIS REFERENCE AND MADE A PART HEREOF Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. [SIGNATURES TO FOLLOW ON NEXT PAGE] 629 BK: 3779 PG: 1696 IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. Signed, sealed, attested and delivered in the presence of: Signature:_ Print Name: C Address: i ,J u� '112�C Signature: Print Nam v�^ Address: 4 W V STATE OF FLORIDA COUNTY OF INDIAN RIVER Meritage Homes of Florida, Inc., a Florida profit corpor tion By: Pr" ame: a z �o ad le: �v ;5io1 Press e.v1f Address: i3S L %/.4O f-l_ 3?4 ACKNOWLEDGMENT The foregoing instruments acknowledged before me by meas of'; physical presence �O online notarization, this � day of {h _, 2025, by Jnr ISN-ru)a-) 6 , the _ t v. �-A w T -e- � ,kj of MERITAGE HOMES OF FLORIDA, INC., a Florida profit corporation, on behalf of the company, who is C -personally known to me or has O produced a as identification. NOTARIAL SEAL: PaRi f Florida 45471228 Approv as a d 1 u�ciency By ?, J. P o Deputy County Attorney NOTARY P B C Printed name: c Commission No.. - 145-1 7 1 -a - Commission -Commission expiration: a W 630 BK: 3779 PG: 1697 " A " RIGHT-OF-WAY DEDICATION SKETCH TO ACCOMPANY DESCRIPTION SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT VALID WITHOUT SHEETS 1 8 2) LEGAL DESCRIPTION: PARCEL A (RIGHT—OF—WAY DEDICATION) PORTIONS OF TRACT 9 AND TRACT 16, IN SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE NORTH 00'19'36 EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 89'36'14 WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING AND THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF 43RD AVENUE AND THE NORTH RIGHT OF WAY LINE OF 25TH STREET SW A 75 FOOT PUBLIC RIGHT OF WAY; THENCE CONTINUE NORTH 89'36'14 WEST ALONG SAID NORTH RIGHT OF WAY LINE OF 25TH STREET SW, A DISTANCE OF 1305.09 FEET TO A POINT ON THE WEST UNE OF SAID TRACT 16; THENCE NORTH 00'18'54 EAST ALONG SAID WEST LINE OF TRACT 16, A DISTANCE OF 50.00 FEET, THENCE SOUTH 89'36'14 EAST, A DISTANCE OF 1205.16 FEET; THENCE NORTH 45'19'36" EAST A DISTANCE OF 70.62 FEET, THENCE NORTH 00-19'36 EAST, A DISTANCE OF 2433.06 FEET; TO A POINT ON THE SOUTH R/W LINE OF 21ST STREET SW A 30 FOOT PUBLIC RIGHT OF WAY;THENCE SOUTH 8937'00 EAST, ALONG SAID R/W LINE, A DISTANCE OF 50.00 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF 43RD AVENUE, A 50 FOOT PUBLIC RIGHT OF WAY LINE; THENCE SOUTH 00'19'36 WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 2533.07 FEET TO THE POINT OF BEGINNING. CONTAINING 190,657 SQUARE FEET OR 4.38 ACRES +/- 1. THIS DESCRIPTION IS BASED UPON A SURVEY BY GSS SURVEYING & MAPPING, LLC, DATED 05-12-2021. 2. THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4. THIS SKETCH MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472027, FLORIDA STATUTES. GSS SURVEYING $. MAPPING. Vla9 CERTIFICATE,&;kUTHOWJ4TiOWNUMBER LB 8006 LIC'f AUCES5.1�NALSURVEb UNSIIJU: L;HAHUr T5RRY,H."ORYJM PROFESS IOW'AL SU VP'/OR AND MAPPER NO 5597 NOT VALID, IYHOUt' TH5 ORIGINAL SIGNATURE AND RAISED SEAL OR DIG4TAL SIGNATURE AND DIG1TA115E!AJr pF AF I,gRIDA,LItENSED SURVEYOR AND MAPPER. !� UPDATES and/w REVISIONS 09-12-23 UPDATE DESCRIPTION 12-21-23 PER COMMENTS DAIS O4-11-22 OESCRIP110N 1 07-15-23 UPDATE DESCRIPTION JOB k 21 -CUR SIM!T*f-DESC DRAWN BY. KC/EAD CHECKED BY: THD FIELD BOOK: N/A PAGE: 1 OF 2 GSS Surveying and Mapping. LLC 700 22"a Place Suite 2A Vero Beach, FL 32960 772-696.5300 SSS THIS IS NOT A BOUNDARY SURVEY GSS Surveying and Mapping, LLC 4620 Lipscomb St NE Suite 2 Palm Bay, FL 32905 321-914-3978 BK: 3779 PG: 1698 RIGHT—OF—WAY DEDICATION SKETCH TO ACCOMPANY DESCRIPTION SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT VALID WITHOUT SHEETS 1 & 2) SOUTH RIGHT OF WAY UNE OF 21ST STREET SW 21ST STREET SW (30' PUBLIC R/W) 25.0 r� 21'1 DIRT ROAD GRAPHIC SCALE I S 89.3ro0' E 50.00' 00 0 200 400 N 89'36'14' I TRACT 9 Q M SECTION 33, TOWNSHIP 33 STREET SOUTH, RANGE 39 EAST ( IN FEET } INDIAN RIVER FARMS COMPANY N �w PLAT BOOK 2, PAGE 25 1 inch = 400 ft.. ST. LUCIE COUNTY, FLORIDA i (BEING IN INDIAN RIVER COUNTY) I � ZA PO < U Q �i Z �0 0 TRACT 16 Ln SECTION 33, TOWNSHIP 33 • SOUTH, RANGE 39 EAST INDIAN RIVER FARMS COMPANY F N O PLAT BOOK 2, PAGE 25 ST. LUCIE COUNTY, FLORIDA i I (BEING IN INDIAN RIVER COUNTY) Or Z o _ S 89'36'14" E 1205.16' 6 5O' RIGHT-OF-WAY DEDICATION. C) "' N 89'36'14' I ' Q M NORTH RIGHT OF 25TH WAY LINE OF 25TH STREET Baa STREET SW A 75' (75' N �w PARCEL A f rn Ujo M RIGHT OF WAY 20'1 DIRT ROAD POINT OF w � ZA PO < BEGINNING N � �0 0 jrC' Zw0 � � • N V F N O O W IF �>- z�� N 3 I U J LLI jf Q qaa o rn O IR14 N Or Z o _ S 89'36'14" E 1205.16' 6 5O' RIGHT-OF-WAY DEDICATION. C) "' N 89'36'14' W 1305.09' Z NORTH RIGHT OF 25TH WAY LINE OF 25TH STREET SW STREET SW A 75' (75' PUBLIC R/W) PARCEL A LINE BEARING I DISTANC RIGHT OF WAY 20'1 DIRT ROAD POINT OF 1-1 IN 45-19-36- E170.62' BEGINNING WEST RIGHT OF WAY UNE 43RD AVENUE 3-- C'4 N M N 8936'14' W 25.00' N 0019'36' E 100.00' PARCEL A POINT OF COMMENCEMENT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST SCALE 1:400 (1" = 400') THIS IS NOTA BOUNDARY SURVEY UPDATES and/a REVISIONS 08-12-23 UPDATE SKETCH 12-21-23 PER COMMENTS DATE 04-11-22 DESCRIPTION 07-18-23 UPDATE SKETCH 12-21-23 SCALE BAR JOB x Z1-0888 SKETCH-DESC A-REVA GSS Surveying and Mapping. LLC GSS Surveying and Mapping, LLC DRAIMN Sr KC/EAD 700 to Place 4620 Up Suite 2 St NE CHECKED BY! THD Suite 2A Suite 2 FIELD BOOK: N/A Vero Beach, FL 32960 n tr y,u>I x Palm Say, FL 32905 PA6'£•. 2 OF 2 772-89&5300 321-914-3978 FIELD DATE N/A 633 -1 BK: 3779 PG: 1699 K6C RIGHT-OF-WAY DEDICATION SKETCH TO ACCOMPANY DESCRIPTION SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT VALID WITHOUT SHEETS 1 & 2) LEGAL DESCRIPTION: PARCEL B (RIGHT-OF-WAY DEDICATION) PORTIONS OF TRACT 1 AND TRACT 8, IN SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE NORTH 00'19'36 EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST, A DISTANCE OF 2693.08 FEET; THENCE NORTH 89'37'00 WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; AND THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF 43RD AVENUE AND THE NORTH RIGHT OF WAY LINE OF 21ST STREET SW, A 30 FOOT PUBLIC RIGHT OF WAY; THENCE CONTINUE NORTH 89'37'00 WEST, ALONG SAID NORTH RIGHT OF WAY LINE OF 21ST STREET SW, A DISTANCE OF 1305.63 FEET TO THE WEST LINE OF SAID TRACT 8; THENCE NORTH 00'18'54 EAST ALONG SAID WEST LINE OF TRACT 8, A DISTANCE OF 80.00 FEET; THENCE SOUTH 89'37'00 EAST, A DISTANCE OF 1205.65 FEET; THENCE NORTH 45'21'18" EAST, A DISTANCE OF 70.68 FEET; THENCE NORTH 00'19'36 EAST, A DISTANCE OF 1864.90 FEET; TO A POINT ON THE SOUTH UNE OF THE NORTH 19.50 ACRES OF SAID TRACT 1, THENCE SOUTH 89'37'34 EAST, ALONG SAID SOUTH UNE, A DISTANCE OF 50.00 FEET TO THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF 43RD AVENUE, A 50' PUBLIC RIGHT OF WAY; THENCE SOUTH 00'19'36 WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1994.95 FEET TO THE POINT OF BEGINNING. CONTAINING 201,443 SQUARE FEET 4.62 ACRES +/- 1. THIS DESCRIPTION IS BASED UPON A SURVEY BY GSS SURVEYING & MAPPING, LLC, DATED 05-12-2021. 2. THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4. THIS SKETCH MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER SJ -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472027, FLORIDA STATUTES. GSSSURVEYIN $1�4b�� �LiLf!�/ CERTIFICAT"ft,AyVV 110N NU4ER •� -c ,,.. vim: TERR`r' .�j2t ,41 6FESSII)NALeRVkY,OR,j Nt) MAPPER NO. 5597 NOT VALID,0& UT HE'ORIGJWAL'94 N RE AND RAISED SEAL OR DIGITAL SIGNATURE AND DIGITAC.ALIQF A FLDRI6A LiCF,NSURVEYOR AND MAPPER. �lI THIS IS NOT A BOUNDARY SURVEY UPDATES and/or REVISIONS- 4'1 1 '09-12-23 ::UPDATE DEs=PTICN 12-21-23 PER COMMENTS DATE: 04-11-22 DESCRIPTION 1 07-16-23 UPDATE DESCRIPTION 1 I I 1 JOB R 21 -ma SKETCH-DESC B DRAWN BT". KC/EAD CHECKED BY: THD FIELD BDOK: N/A PAGE 1 OF 2 FIELD DATE N/A GSS Surveying and Mapping, LLC 700 22^ Place Suite 2A Vero Beach. FL 32960 772-696-5300 QPss GSS Surveying and Mapping, LLC 4620 Lipscomb St NE Suite 2 Palm Bay, FL 32905 321-9143978 BK: 3779 PG: 1700 RIGHT-OF-WAY DEDICATION SKETCH TO ACCOMPANY DESCRIPTION SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT VALID WITHOUT SHEETS 1 & 2) GRAPHIC SCALE 400 0 200 400 ( IN FEET } 1 inch = 400 ft. TRACT 2 SEC11ON 33 TRACT 7 SECTION 33 Li LO CD 00 CD 00 O ►i TRACT 10 SECTION 33 I REMAINDER OF TRACT 1 SECTION 33 S 8937'34` E rr� i (NOT INCLUDED) 50,00' \ '1 SOUTH UNE OF THE NORTH 19.50 ACRES OF SECTION 33 PORTION OF TRACT 1 SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST INDIAN RIVER FARMS COMPANY PLAT BOOK 2, PAGE 25 ST. LUCIE COUNTY, FLORIDA (BEING IN INDIAN RIVER COUNTY) aD n CSS Surveying and Mapping, LLC DRAWN 8Y: KC/EAD TRACT 8 z SECTION 33, TOWNSHIP 33 SOUTH, RANGE 39 EAST co INDIAN RIVER FARMS COMPANY �1 j PLAT BOOK 2, PAGE 25 I ST. LUCIE COUNTY, FLORIDA (BEING IN INDIAN RIVER COUNTY) 25.0' POINT OF BEGINNING PARCL B \ S 89'37'00" E 1205.65' 80' RIGHT-OF-WAY DE6ICATION ✓ NORTH R/W UNE 21ST STREET SW N 89"37'00" W RIGHT OF WAY UNE 43RD AVENUE N 8937'00' W / 25.00' EAST UNE OF SOUTHEAST ,,EAST QUARTER OF SECTION 33, TOWNSHIP 33 SOUTH, co RANGE 39 EAST 0 rn 1305.63 Cn 21ST STREET SW N ZOf= (30' PUBLIC RAW) i w w vl ~ 21'f DIRT ROAD TRACT 9 w Z V� w NE BEARING IDISTANCE L1 IN 45'21'18- E170.68' SECTION 33 A HT ow�w O °0�0 < w Z UZO VV)U at:ILaUj �oM SCALE 1:400 (1" = 400') THIS ISN T A BOUNDARY SURVEY UPDATES and/a REVISIONS 09-12-23 UPDATE SKETCH 12-2f-23 PER COMMENTS DATE 04-11-22 DESCRlPT10N 07-15-23 UPDATE SKETCH 12-21-23 SCALE BAR JOB /: 21-0468 SKETCH-DESC B n CSS Surveying and Mapping, LLC DRAWN 8Y: KC/EAD 700 22^" Place 4620 Lipscomb St NE CHECKED 8Y: THD Q Suite 2 QPss FIELD BOOK: N/A �i m d Vero Beach, FL 32960 o PACE 2 OF 2 A �a rn 772-696-5300 321-914-3978 FIELD DATE N/A 00 ie 3 C3 - O Cn O N POINT OF BEGINNING PARCL B \ S 89'37'00" E 1205.65' 80' RIGHT-OF-WAY DE6ICATION ✓ NORTH R/W UNE 21ST STREET SW N 89"37'00" W RIGHT OF WAY UNE 43RD AVENUE N 8937'00' W / 25.00' EAST UNE OF SOUTHEAST ,,EAST QUARTER OF SECTION 33, TOWNSHIP 33 SOUTH, co RANGE 39 EAST 0 rn 1305.63 Cn 21ST STREET SW N ZOf= (30' PUBLIC RAW) i w w vl ~ 21'f DIRT ROAD TRACT 9 w Z V� w NE BEARING IDISTANCE L1 IN 45'21'18- E170.68' SECTION 33 A HT ow�w O °0�0 < w Z UZO VV)U at:ILaUj �oM SCALE 1:400 (1" = 400') THIS ISN T A BOUNDARY SURVEY UPDATES and/a REVISIONS 09-12-23 UPDATE SKETCH 12-2f-23 PER COMMENTS DATE 04-11-22 DESCRlPT10N 07-15-23 UPDATE SKETCH 12-21-23 SCALE BAR JOB /: 21-0468 SKETCH-DESC B HaSS Surveying and Mapping, LLC CSS Surveying and Mapping, LLC DRAWN 8Y: KC/EAD 700 22^" Place 4620 Lipscomb St NE CHECKED 8Y: THD Suite 2A Suite 2 QPss FIELD BOOK: N/A Vero Beach, FL 32960 tai: s n.AfcvtN_ Palm Bay, FL 32905 PACE 2 OF 2 772-696-5300 321-914-3978 FIELD DATE N/A Cashier. ---------------------- JA Paid By: INm JOE KATHMAN Effective Due Paid FBOMERITAGE HOMES_______ _ Posted Date: ---------------------- 05/21/2025 10:26AM Received Via: ---------------------- Phone Num. Items: 1 ----------------------- Total Tendered: ---------------------- $1,542.35 Receipt #: ---------------------- 143-00001367 Batch: ---------------------- 278904 Drawer: 143 ---------------------- Status: Complete Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Beach, FL 32961-1509 Receipt INm Details Effective Due Paid --------- Advance MERITAGE HOMES - - -----Date 05/21/2025 $1,542.35 $1,542.35 Deposit MERITAGE HOMES TO IRC (GOVT - PRORATED TAXES THRU P_U_R_C_H) _ _ ------------------------------------------------- —5/22/2025_ Total: $1,542.35 $1,542.35 ----------------------------------------- Paymwd DoWls ----- Paid Credit or Visa CC#XXXX-3656 $1,542.35 Debit Card Confirmation number. X3919894419 TDS: manual -entry Auth Code: 031009 Balance: $0.00 Convenience $42.41 Fee: Total :1,584.76 635 y� Indian River CP oun Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * * indianriver.gov MEMORANDUM File ID: 25-1007 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator Sean C. Lieske, Director of Utility Services FROM: Howard G. Richards, PE, Utilities Capital Projects Manager DATE: October 8, 2025 SUBJECT: Award of RFQ 2024030 to Ric -Man Construction Florida, Inc. for Progressive Design -Build Services for Ixora Park Infrastructure Improvements, IRCDUS Project ID 41.23.548 BACKGROUND Ixora Park subdivision contains approximately 9,710 linear feet of vitrified clay pipe (VCP) gravity sewer and 23 manholes dating from 1952. A lift station connects the system from the northwest corner of the area into a force main (FM) along 1St Street SW. Indian River County Department of Utility Services (IRCDUS) has discovered deficiencies in the VCP through sand buildup and weakening of the roadways, resulting in frequent failures of the sanitary sewer system and sink holes in the community's roadways, presenting a public safety hazard and service interruptions. The subdivision with approximately 275 properties, is roughly defined as lying between 1St Street SW to the north, 201 Avenue on the east, South Relief Canal on the south, and 27' Avenue to the west. Ixora Park Infrastructure Improvements, IRCDUS Project ID 41.23.548 ("Project"), will be implemented in multiple design and construction phases over a three- to four-year period, subject to continued funding. The Project will facilitate the complete replacement and/or rehabilitation of the existing VCP sewer network, relocation of all sewers to the centerline of the roadway, and improvements to drainage and roadway. Assessment of water distribution mains, meters and valves will also take place, to identify any needed for rehabilitation or replacement. This staff report pertains to Phase 1 Preconstruction only. In compliance with Florida Statute (FS) 287.055, and on behalf of IRCDUS, the Purchasing Division issued request for qualifications (RFQ) 2024030 on January 7, 2024, for Progressive Design -Build (PDB) Services for Ixora Park Infrastructure Improvements, to identify qualified design -build teams (DBT) to design and construct the Project, including potable water, sewer, stormwater, and roads infrastructure rehabilitation, and including but not limited to, piping, valves, meters, manhole, drainage, roadway, and lift station improvements. ANALYSIS The PDB project delivery model was selected as a more efficient model over the traditional design -bid -build Indian River County, Florida Page 1 of 3 Printed on 10/16/2025 pow e% by LegistarT"° (DBB) model. Efficiency stems from a single procurement of the engineer -architect and contractor as one team working collaboratively with the owner to meet objectives for the project. PDB will streamline the timeline to design and construct the project and ensure cohesion across the phases. Lastly, projects undergoing a PDB model are implemented in two (2) phases: Phase 1 Pre -Construction where the design progresses in a collaborative manner while developing an "open book" cost model, leading to an agreed upon contract price for Phase 2 Construction. Through negotiation, the contract price is implemented in Phase 2 as either a guaranteed maximum price (GMP) or lump sum (LS). After reviewing statements of qualifications (SOQs) pertaining to RFQ 2024030, a selection committee independently reviewed and scored each SOQ in compliance FS 287.055 and instructions and criteria established in the RFQ and scored the team of Ric -Man Construction Florida, Inc. and Wade Trim, Inc. (Ric- Man/Wade Trim) as the top ranked. The Indian River County Board of County Commissioners (BCC) approved the final rankings on June 18, 2024, and authorized negotiations with Ric-Man/Wade Trim (or the subsequently ranked teams, should negotiations fail). Staff from IRCDUS, Procurement, as well the Department of Public Works (DPW) and County Attorney Office held meetings with the Ric-Man/Wade Trim team to negotiate the required scope of services, consulting fees, and agreement for Phase 1 of the Project. The outcomes of the negotiations are incorporated into the attached Design -Build Agreement comprising Part 1 Contract between Indian River County and Ric -Man Construction Florida Inc. The proposed cost for Phase 1 (Pre -Construction services) is $1,758,399.00 which includes all labor and expenses for project management, design, permitting, community outreach, and cost model. The anticipated schedule for Phase 1 services is approximately sixteen (16) months. BUDGETARY IMPACT This project will have a cost -share between IRCDUS and the Department of Public Works. As such, this project will be included in the next Capital Improvement Element (CIE) for each Department with the shared amounts. This project is currently budgeted in the approved Fiscal Year (FY) FY 2024/2025 CIE. Expenses, in the amount of $1,758,399, for this project will be recorded in the Utilities/WIP/Ixora Park Utility Improvements account, number 471-169000-23548. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. PREVIOUS BOARD ACTIONS On June 18, 2024, the BCC approved the final ranking of teams for RFQ 2024030 and authorized negotiations with the top ranked team (i.e., Ric -Man) as well as subsequently ranked teams, should negotiations with the top ranked team fail. The BCC also approved Amendment No. l to Agreement No. LPA0306 between Florida Department of Environmental Protection and Indian River County that revised the Grant Work Plan (GWP) to align with the scope of services contained in RFQ 2024020. POTENTIAL FUTURE BOARD ACTIONS After the completion of Phase 1 Pre -construction services by Ric -Man, IRCDUS will return to the BCC to seek approval for an amendment of the agreement to add Phase 2 Construction services. STRATEGIC PLAN ALIGNMENT ✓ Environment: Advancing responsible environmental stewardship by protecting, conserving, and managing natural resources and by fostering environmental awareness. ✓ Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. Indian River County, Florida Page 2 of 3 Printed on 10/16/2025 powt j / LegistarTM OTHER PLAN ALIGNMENT None noted. STAFF RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners approve the Design -Build agreement and award of RFQ 2024030 to Ric -Man Construction Florida, Inc. for Progressive Design -Build Services for Ixora Park Infrastructure Improvements, IRCDUS Project ID 41.23.548, in the amount of $1,758,399, and authorize the chairman to execute it subject to review and approval by the County Attorney or Assistant County Attorney as to form, and legal sufficiency. So long as there are no changes in the dollar amount under the agreement and upon adequate completion of the work set forth, staff is directed to make final payment and release any retainage to Ric -Man Construction Florida, Inc. Indian River County, Florida Page 3 of 3 Printed on 10/16/2025 pow VU LegistarTm Design -Build Contract PART 1 CONTRACT This Part 1 Contract (Contract) for design -build services is made and entered into this day of , 2025 by and between Indian River County, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter referred to as the "Owner," and Ric -Man Construction Florida Inc., a Florida Corporation, authorized to do business in the State of Florida, hereinafter referred to as the "Design -Builder". For the following Project: Ixora Park Infrastructure Improvements (RFQ 2024030) The architectural/engineering services described in Article 1 will be provided contractually through the Design -Builder by the following person or entity who is lawfully licensed to practice architecture/engineering: Wade Trim, Inc. 201 N. Franklin Street, Suite 1350 Tampa, FL 33602 Normal civil, structural, mechanical and electrical engineering services will be provided contractually through the Design -Builder as indicated below: PRE -CONSTRUCTION SCOPE OF SERVICES PHASE I ATTACHMENT 3 The Owner and Design -Builder agree as set forth below. ARTICLE 1 DESIGN -BUILDER 1.1 SERVICES 1.1.1 Conceptual, schematic, design development, and construction documents, budget, and schedule comprise the services required to accomplish the preparation and submission of the Design -Builder's Guaranteed Maximum Price (GMP) Proposal, as well as the preparation and submission of any modifications to the GMP Proposal prior to execution of the Part 2 Contract. 1.2 RESPONSIBILITIES 1.2.1 The services that the Design -Builder will provide to the Owner under this Contract will be as follows, and in general accordance with the Owner's Request for Qualifications (RFQ) 2024030, issued on January 7, 20241 entitled "Request for Qualifications for Progressive Design -Build Services for Ixora Park Infrastructure Improvements", which is incorporated by reference herein, and the Design - Builder's Design -Builder's fee and scope of work proposal, submitted September , 2025, which is attached hereto and incorporated by reference herein. In the event of any conflicts between this Contract and any other documents, the precedence in resolving such conflicts will be as follows: Ixora Park Infrastructure Improvements 1 639 1.2.1.1 This Contract and any agreed upon written amendments 1.2.1.2 Design -Builder's fee and scope proposal 1.2.1.3 The Owner's Request for Qualifications 1.2.1.4 Relevant portions of the Design -Builder's response to Request for Qualifications 1.2.2 All design services provided by or through Design -Builder pursuant to this Contract must be performed by qualified design professionals (Designer). The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design -Builder. Design -Builder designates Wade Trim, Inc. whose business address is 201 N. Franklin Street, Suite 1350, Tampa, FL 33602, and who will have full authority to bind and obligate the Design -Builder on all matters arising out of or relating to this Contract. The Design -Builder agrees that the Project Director will devote whatever time is required to satisfactorily manage the services to be provided and performed by the Design -Builder hereunder. Any replacement of the Project Director will be subject to the prior approval and acceptance of the Owner. 1.2.3 The agreements between the Design -Builder and the persons or entities identified in this Contract as providing architectural and engineering services, and any subsequent modifications thereto, must be in writing. These agreements, including financial arrangements with respect to this Project, must be promptly and fully disclosed to the Owner upon request and must have met all requirements for openness and a non-restrictive solicitation process. 1.2.4 Construction budgets must be prepared by qualified professionals, cost estimators or contractors retained by and acting in the interest of the Design -Builder. 1.2.5 The Design -Builder will be responsible to the Owner for acts and omissions of the Design -Builder's employees, subcontractors and their agents and employees, and other persons, including the Designer and other design professionals, performing any portion of the Design -Builder's obligations under this Contract.Design services shall be performed in accordance with the standard of care exercised by professionals performing similar services under similar conditions at the same time and place 1.2.6 Prior to the termination of the services of the Designer or any other design professional designated in this Contract, the Design -Builder will identify to the Owner in writing another design professional will provide the services originally to have been provided by the Designer or other design professional whose services are being terminated. The Owner must approve any subsequently designated design professional in writing. 1.2.7 If the Design -Builder believes or is advised by the Designer or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design -Builder must promptly notify the Owner in writing. Neither the Design -Builder nor the Designer will be obligated to perform any act which violates any applicable law, and the Design -Builder shall not be liable for violations directed by the Owner that are not timely discovered to be violations by the Design -Builder 1.2.8 Nothing contained in this Contract will create a contractual relationship between the Owner and any person or entity other than the Design -Builder. Ixora Park Infrastructure Improvements 2 640 1.2.9 Press releases or other specialized publicity documents, including the Design -Builder's advertising and news bulletins, which are related to this Contract and are intended by the Design -Builder for the press, broadcasting, or television, will be drawn up in consultation with the Owner. Except as otherwise required by law or regulation, the Design -Builder will not release or distribute any materials or information relating to this Contract or containing the name of the Owner or any of its employees without prior written approval by an authorized representative of the Owner. Design -Builder shall incorporate the terms of this provision into all of its contracts, subcontracts and other agreements of any tier and require all contractors, consultants, subcontractors and subconsultants to similarly incorporate the terms of this provision in their agreements. 1.2.10 Once the GMP has been agreed to, and prior to the execution of the Part 2 Contract, Design - Builder shall furnish Owner a Public Construction Bond in an amount equal to 100% of the GMP. 1.2.11 In lieu of the Public Construction Bond, the Design -Builder may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the Owner. 1.2.12 Such Bond shall continue in effect for one (1) year after acceptance of the Work by the Owner. 1.2.13. Owner shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. 1.3 BASIC SERVICES 1.3.1 The Basic Services to be performed must commence on the date established in an executed work order and must be completed in accordance with Design -Builder's fee and scope proposal. Work orders are intended to be discrete working documents that will provide, in summary form, the background and factual context within which a particular work element or series of work elements will be completed by the Design -Builder. Each work order will include a scope of services, level of effort and related costs. Work orders will be construed to be in addition to, supplementary to, and consistent with the provisions of the Design -Builder's fee and scope proposal. Upon request by the Owner, Design -Builder will prepare and submit a work order to the Owner for review and approval. Work order forms will be provided by the Owner along with a detailed outline of design deliverables. Contracts involving multiple project numbers or locations will require work orders to identify basic services and reimbursement expense amounts per project and/or location. Supporting backup of the work classification, raw rates, overhead and weighted rate calculation will be submitted in Excel format when the work order is submitted. 1.3.2 The Design -Builder will provide a preliminary evaluation of the Owner's Project and Project budget requirements, each in terms of the other. Ixora Park Infrastructure Improvements 3 641 1.3.3 The Design -Builder will visit the Project site, become familiar with the local conditions, and correlate observable conditions with the requirements of the Owner's Project, schedule, and budget. 1.3.4 The Design -Builder will review laws applicable to design and construction of the Project, correlate such laws with the Owner's Project requirements and advise the Owner if any Project requirement may cause a violation of such laws. Necessary changes to the Owner's Project will be accomplished by appropriate written modification or disclosed as described in Paragraph 1.3.6. The Design -Builder shall not be liable for violation of any laws caused by the directions of the Owner and is not responsible for providing legal services and interpretations to the Owner. 1.3.5 The Design -Builder will review with the Owner alternative approaches to design and construction of the Project. 1.3.6 The Design -Builder will submit to the Owner for Owner's approval, the Design -Builder's plan for the competitive process the Design -Builder will use in obtaining subcontractor bids for the development of the GMP Proposal. The plan will include, but not be limited to, , bid submittal dates, analysis process of bids after receipt, subcontractors bid sheets by bid packages, and the determination of bids to be included in the GMP proposal. 1.3.7 The Design -Builder will submit to the Owner a GMP Proposal, including the final design documents, a statement of the proposed guaranteed maximum price and a proposed guaranteed completion date of the Project. Final design documents will consist of final construction design drawings, specifications or other documents sufficient to establish the size, quality and character of the entire Project including its architectural, structural, mechanical and electrical systems, and materials and such other elements of the Project as may be appropriate. Deviations from the Owner's Project will be disclosed and expressly highlighted in the GMP Proposal. If the GMP Proposal is accepted by the Owner, the parties will then execute the Part 2 Contract. Notwithstanding anything herein to the contrary, Owner reserves the absolute right, in its sole discretion, to reject the GMP Proposal and not execute the Part 2 Contract for any or no reason whatsoever, or to terminate this Contract in accordance with Article 8. In such event, all final design documents, including all Project Documents (as defined in Paragraph 3.1), will become the property of the Owner and Owner will be entitled to retain and use all such Project Documents as set forth in Paragraphs 3.1 and 8.5 herein. 1.4 ADDITIONAL SERVICES 1.4.1 The Additional Services described below will be provided by the Design -Builder and paid for by the Owner if authorized and confirmed in writing by the Owner. 1.4.1.1 Making revisions in the final design documents, budget or other documents when such revisions are not the result of the fault or neglect of the Design -Builder or anyone for whom the Design -Builder is responsible and are: 1.4.1.1.1 Inconsistent with approvals or instructions previously given by the Owner, including substantial revisions made necessary by adjustments in the Owner's Project or Project budget; 1.4.1.1.2 Due to substantial changes required as a result of the Owner's failure to render decisions in a timely manner. Ixora Park Infrastructure Improvements 4 642 1.4.1.2 Providing more extensive programmatic criteria than that furnished by the Owner as described in Paragraph 2.1 and other Contract Documents. 1.4.1.3 Providing such other design -build services that may be required for the successful completion of the Project not otherwise covered herein. 1.4.1.4 If, during the performance of the Work, Design -Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Design -Builder shall report it to Owner in writing at once. Design -Builder shall not proceed with the Work affected until an amendment or supplement to the Contract Documents has been executed by both parties; provided, however, that Design -Builder shall not be liable to Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design -Builder knew or reason- ably should have known of such conflict, error, ambiguity or discrepancy. ARTICLE 2 OWNER 2.1 RESPONSIBILITIES 2.1.1 The Owner is the entity identified as such in this Contract and is referred to throughout the Contract Documents as if singular in number. 2.1.2 This Contract will be administered by the Owner's County Administrator or designee. 2.1.3 The Owner will provide full information in a timely manner, as requested by Design - Builder, regarding requirements for the Project, including a written plan which will set forth the Owner's objectives, schedule, constraints and criteria. The Owner will designate a representative Project Manager, authorized to act on the Owner's behalf with respect to the Project. The term "Owner" means Owner or Owner's other authorized representative(s) as notified by the Owner in writing. 2.1.4 The Owner will establish and update an overall budget for the Project, including reasonable contingencies. This budget will not constitute the Contract sum. 2.1.5 The Owner will render decisions pertaining to Project Documents submitted by the Design -Builder in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Design -Builder's services. The Owner may obtain independent review of the Project Documents by a separate architect, engineer, contractor, or cost estimator under contract to or employed by the Owner. Such independent review will be undertaken at the Owner's expense in a timely manner so as not to unreasonably delay the orderly progress of the Design -Builder's services. Design -Builder will ensure Owner is provided reasonably adequate time that permits Owner to render its decisions and conduct independent reviews of Project Documents in a timely manner. 2.1.6 Upon written request, the Owner will make available record documents and drawings in its possession, of which it is aware, for any existing buildings and/or facilities. To the extent known and in its possession, Owner will make available to the Design -Builder prior to and during the performance of the Work record documents and Drawings pertaining to the existing buildings and/or facilities relative to this Project. Record documents and Drawings will not be Ixora Park Infrastructure Improvements 5 643 considered a part of the Contract Documents. Owner does not warrant to the Design -Builder the accuracy or completeness of such record documents and Drawings and the Design -Builder will be solely responsible for all assumptions made in reliance thereupon. Record documents and Drawings are not warranted or intended to be complete depictions of existing conditions, nor do they necessarily indicate concealed conditions. The locations of electrical conduit, telephone lines and conduit, computer cables, storm lines, sanitary lines, irrigation lines, gas lines, mechanical apparatus and appurtenances, HVAC piping/ductwork and plumbing may only appear schematically, if at all, and the actual location of such equipment and lines is in many cases unknown. 2.1.7 The Owner will disclose, to the extent known, the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water pollution; hazardous materials; or other environmental and subsurface conditions. The Owner will disclose all information known to the Owner regarding the presence of pollutants at the Project site. The Owner does not warrant the accuracy or completeness of any such information and accepts no responsibility therefore and the Design Builder will be solely responsible for all assumptions made in reliance thereupon. 2.1.8 The Owner will furnish all legal, accounting and insurance counseling services as the Owner may require at any time for the Project, including such auditing services as are needed to verify the Design -Builder's applications for payment. 2.1.9 The Owner will promptly obtain easements, zoning variances, and legal authorizations regarding Project site utilization where essential to the execution of the Owner's Project. 2. 1.10 Those services, information, surveys, and reports described in Paragraphs 2.1.6 through 2.1.9 which are within the Owner's control will be furnished at the Owner's expense and are not part of the Contract Documents. The Owner does not warrant or certify the accuracy or completeness of any services, information, surveys or reports. 2.1.11 The Owner may communicate with persons or entities employed or retained by the Design -Builder, unless otherwise instructed for reasonable cause not to do so in writing by the Design -Builder. ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA/RETENTION AND MAINTENANCE OF PUBLIC RECORDS 3.1 Design -Builder acknowledges and agrees that all records, documents, drawings, notes, tracings, plans, specifications, maps, evaluations, reports and other technical data and electronic data, instruments of service (other than working papers), including but not limited to, all Architectural Works as defined by the federal Architectural Works Copyright Protection Act (whether hard copy or electronically stored), prepared, developed or furnished by Design - Builder or the design professional(s) employed or retained by the Design -Builder under this Contract (Project Documents) will be and remain the property of the Owner. Project Documents will be deemed to be works made for hire, and all right, title and interest in and to the Project Documents will be vested in Owner. Design -Builder will take all actions necessary to secure for Owner all such right, title and interest. Design -Builder warrants that all materials comprising the Project Documents are original with Design -Builder and have not been copied or derived from Ixora Park Infrastructure Improvements 6 644 any other material without the express written consent of the owner, proprietor and/or copyright holder of that other material, and are not subject to any other claim of copyright by any other person. Design -Builder will obtain any and all licenses necessary for the production and preparation of the Project Documents including, without limitation, licenses for the use of any material subject to copyright by other parties. Design -Builder will assign to Owner any and all rights, including any copyrights, in the Project Documents that Design -Builder or the design professional(s) employed or retained by the Design -Builder on this Project may possess now or in the future, and Design -Builder and its design professional(s) will claim no rights adverse to Owner in the Project Documents. The Project as designed by Design -Builder under this Contract, may be reused or repeated by Owner at Owner's option or discretion at any time or times, including but not limited to, completion, addition, renovation, maintenance, reconstruction or remodeling of the Project and construction of new projects. Design -Builder hereby grants its consent to reuse of the Project Documents by Owner for any and all such purposes. The Design -Builder shall retain its rights to all standard elements contained within the design, including standard details, specifications, or other design materials generated and authorized by Design -Builder for its repeated, regular and ongoing use in plans, specifications, reports or other instruments of service for its clients. The Design -Builder will incorporate the terms of this Paragraph in all contracts with design professionals employed or retained by the Design -Builder to perform services on the Work covered by this Contract.4he Owner acknowledges that reuse or modification of Project Documents without the involvement of the Design -Builder shall be at the Owner's sole risk, and Owner agrees to hold the Design -Builder harmless from any claims arising from such reuse. 3.2 Submission or distribution of the Design -Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Paragraph 3.1. 3.3 Chapter 119, Fla. Statute Requirement IF THE DESIGN -BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DESIGN -BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Indian River County Office of the County Attorney, 1801 27th Street, Vero Beach, FL 32960 (772) 226-1424 publicrecords@indianriver.gov Design -Builder agrees in accordance with Florida Statute Section 119.0701 to comply with public records laws including the following: a. Keep and maintain public records required by the Owner in order to perform the Work contemplated by this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner 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, Fla. Stat. or as otherwise provided by law. Ixora Park Infrastructure Improvements 7 645 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract. d. Upon completion of this Contract, keep and maintain public records required by the Owner to perform the Work. Design -Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. 3.4 Design -Builder and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with Owner: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Design -Builders Consultant/Designer including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude Design -Builder from retaining copies of the Contract Documents for record purposes. ARTICLE 4 TIME 4.1 The term of this Agreement shall be 12 Months from Notice to Proceed (NTP). 4.2 Time is of the essence. Services to be rendered by the Design -Builder will commence subsequent to the execution of this Contract by the effective date of an executed work order issued by the Owner. The Owner reserves the right to stop and start work or cancel or postpone any executed work order or portion thereof at any time with seven days written notice to Design - Builder. Any delay to Design -Builder resulting therefrom will be handled in accordance with Paragraph 4.4 below. Notwithstanding the same, time is of the essence with respect to the performance of this Contract. 4.3 Should the Design -Builder fail to commence, provide, perform or complete any of the services to be provided in a timely and diligent manner, in addition to any other rights or remedies available to the Owner, the Owner, at its sole discretion and option, may withhold any and all payments due and owing to the Design -Builder until such time as the Design -Builder resumes performance of its obligations in such a manner so as to satisfy the Owner, provided that the Owner has otherwise timely and properly paid the Design -Builder prior payments due and owing. 4.4 Upon the request of the Owner, the Design -Builder will prepare a schedule for the performance of the Basic and Additional Services which will not exceed the time limits contained in Design -Builder's fee and scope proposal referenced in Paragraph 1.2.1.2 and will include reasonably sufficient time required for the Owner's review and approval of submissions by authorities having jurisdiction over the Project. Ixora Park Infrastructure Improvements 8 646 4.5 If the Design -Builder is delayed in the performance of critical path services under this Contract through no fault of the Design -Builder, any applicable schedule will be adjusted. Design -Builder expressly acknowledges and agrees that it will receive no damages for delay and that Design -Builder's sole remedy, if any, against Owner (except as provided in this sub - article) will be the right to seek an extension of time to the applicable schedule; provided, however, the granting of any such time extension will not be a condition precedent to the aforementioned "no damages for delay" provision. Design -Builder will incorporate the terms of this Paragraph into all of its subcontracts and subconsultant agreements and require all subcontractors and subconsultants to similarly incorporate such terms into their sub - subcontracts and sub-subconsultant agreements.4Design-Builder shall be entitled to equitable compensation for delays solely and directly caused by Owner's failure to provide timely access, decisions, or approvals. 4.6 Design -Builder shall be responsible for meeting any and all completion times as provided in the Contract Documents, as negotiated and agreed to by both parties, and attached to this document as Attachment 3. Liquidated damages, if assessed, shall be $1,000.00 per day, and shall apply only to failure to achieve Substantial Completion by the agreed date. "Final Completion" shall be defined collaboratively and exclude minor closeout or administrative takes that do not materially impact use or occupancy. ARTICLE 5 PAYMENTS 5.1 Refer to ARTICLE 9 - BASIS OF COMPENSATION for additional requirements. 5.2 Owner shall make progress payments to the Design -Builder on the basis of approved partial payment requests, submitted with sufficient supporting documentation and the Design - Builder's certification. Subsequent payments for Basic Services, Additional Services, and Reimbursable Expenses provided for in this Contract will be made monthly on the basis set forth in Article 9. 5.3 All applications for payment will be submitted to the Owner by the seventh of each month. 5.4 The Design -Builder will submit to the Owner's Project Manager via email each request for a progress payment. All progress payments will be on the basis of progress of the work measured by the schedule of values established. The Owner will approve, disapprove or adjust the Design -Builder's application for payment within seven days after receipt. The Owner will notify the Design -Builder in writing of any reasons for withholding payment in whole or in part. Owner will make payment in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. In accordance with Florida Statute Section 255.075 — 255.078, the Design -Builder will promptly pay each subcontractor or supplier upon receipt of the payment from the Owner. Payment to the Design -Builder will release the Owner from any liens or disputes between the Design -Builder and the Design -Builder's subcontractors for the amounts paid by the Owner. 5.5 Monthly payments to Design -Builder will in no way imply approval or acceptance of Design -Builder's work. Ixora Park Infrastructure Improvements 9 647 5.6 This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the Owner. Any claimant may apply to the Owner for a copy of this Contract. The claimant shall have a right of action against the Design -Builder for the amount due him. Such action shall not involve the Owner in any expense. Claims against the Design - Builder are subject to timely prior notice to the Design -Builder as specified in Florida Statutes Section 255.05. The Design -Builder shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to Design -Builder and to Design -Builder's Surety Company, pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub -subcontract hereunder." The payment due under the Contract shall be paid by the Owner to the Design -Builder only after the Design -Builder has furnished the Owner with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full for all amounts previously paid by the Owner. The Owner may rely on said affidavit at face value. The Design -Builder does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job, to the extent referenced by the affidavit. ARTICLE 6 OWNER'S RIGHT TO PERFORM AUDITS, INSPECTIONS, OR ATTESTATION ENGAGEMENTS 6.1 In connection with payments to the Design -Builder under this Contract, it is agreed the Design -Builder will maintain adequate records in accordance with generally accepted accounting practices. The Owner, Florida Department of Transportation, Florida Auditor General, Florida Inspector General, Florida Chief Financial Officer, and the Comptroller General of the United States, or any duly authorized representative of each, have the right to initiate and perform audits, inspections or attestation engagements or audit the Design -Builder's records for the purpose of determining payment eligibility under this Contract or over selected operations performed by Design -Builder under this Contract for the purpose of determining compliance with the Contract. Access will be to all of the Design -Builder's records, including books, documents, papers, and records of Design -Builder directly pertinent to this Contract, as well as records of parent, affiliate and subsidiary companies. Design -Builder will arrange for said records to be brought to a location convenient to Owner's auditors to conduct the engagement as set forth in this Article. Or, Company may transport Owner's team to Design -Builder headquarters for purposes of undertaking said engagement. In such event, Design -Builder will pay reasonable costs of transportation, food and lodging for Owner's team. Design -Builder agrees to deliver or provide access to all records requested by Owner's auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The parties recognize that Owner will incur additional costs if records requested by Owner's auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the parties agree that Design -Builder may be charged a liquidated Ixora Park Infrastructure Improvements 10 648 damage of $100.00, in addition to all other contractual financial requirements, per item, per calendar day, for each time Design -Builder is late in submitting requested records to perform the engagement. Accrual of liquidated damages will continue until specific performance is accomplished. These liquidated damages are not an exclusive remedy and Owner retains its rights including but not limited to its rights to elect its remedies and pursue all legal and equitable remedies. The parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from such failure to comply. 6.2 In the event the Design -Builder maintains its accounting or Project information in electronic format, upon request by the Owner's auditors, the Design -Builder will provide a download of its accounting or Project information in an electronic format allowing formatting, reading and manipulation in Microsoft Office products. 6.3 The Owner has the right during the engagement to interview the Design -Builder's employees and subconsultants, make photocopies, and inspect any and all records at reasonable times. The right to initiate an engagement will extend for five years after the completion date of the Work, or five years after the termination of this Contract, whichever occurs later. 6.4 In the event the Design -Builder has overcharged the Owner for direct and reimbursable expenses, the Design -Builder will re -pay the Owner the amount of the overcharge. 6.5 The Design -Builder will include a provision providing the Owner the same rights to perform engagements at the subconsultant and subcontractor level in all of its subconsultant and subcontract contracts entered into by Design -Builder to effect Project completion. 6.6 Approvals by Owner's staff for any services not included in this Contract do not act as a waiver or limitation of the Owner's right to perform audits, inspections, or attestation engagements. ARTICLE 7 DISPUTE RESOLUTION 7.1 CLAIMS AND DISPUTES 7. 1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design -Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 If for any reason the Design -Builder believes that additional cost or Contract time is due to the Design -Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design -Builder must notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost or Contract time. The Design -Builder must maintain strict accounting of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim. Ixora Park Infrastructure Improvements 11 649 7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design -Builder bases the claim, whichever is earlier. 7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design -Builder will, within ten calendar days, submit Design -Builder's written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design -Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim. 7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design - Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by Design -Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design -Builder's final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner's rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled. 7.2 RESOLUTION OF CLAIMS AND DISPUTES The following shall occur as a condition precedent to the Owner's review of a claim unless waived in writing by the Owner: 7.2.1 Project Representatives' Meeting: Within five days (5) after a dispute occurs, the Design - Builder's senior project management personnel who have authority to resolve the dispute shall meet with the Owner's project representative who has authority to resolve the dispute in a good faith attempt to resolve the dispute. If a party intends to be accompanied at a meeting by legal counsel, the other party shall be given at least three (3) working days' notice of such and also may be accompanied by legal counsel. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of rules of evidence. 7.2.2 Management Representatives' Meeting: If the Project Representatives' Meeting fails to resolve the dispute or if they fail to meet, a senior executive for the Design -Builder and for the Owner, neither of which have day to day Project management responsibilities, shall meet, within ten days (10) after a dispute occurs, in an attempt to resolve the dispute and any other identified disputes or any unresolved issues that may lead to dispute. If a party intends to be accompanied at a meeting by legal counsel, the other party shall be given at least three (3) working days' notice of such and also may be accompanied by legal counsel. All negotiations Ixora Park Infrastructure Improvements 12 650 pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of rules of evidence. 7.2.3 Following the Project Representatives' Meeting and the Management Representatives' Meeting, the Owner will review the Design -Builder's claims and may (1) request additional information from the Design -Builder which will be immediately provided to Owner, or (2) render a decision on all or part of the claim. The Owner will notify the Design -Builder in writing of the disposition of the claim within 21 days following the receipt of such claim or receipt of additional information requested. 7.2.4 If the Owner decides that the work relating to such claim should proceed regardless of the Owner's disposition of such claim, the Owner will issue to the Design -Builder a written directive to proceed. The Design -Builder will proceed as instructed. 7.2.5 If any claim is made pursuant to this Contract, the Design -Builder will provide, at the Owner's request, all documents in support of the claim. If the Owner requests to review the Project Documents and the Design -Builder fails to provide them in a timely manner or has failed to preserve them, the claim by the Design -Builder will be deemed waived. 7.2.6 Documents in support of the claim referred to in this Article may be subject to an independent audit by the Owner. In the event the audit supports the Design -Builder's claim, the Owner will pay for the audit. In the event the audit does not support the Design -Builder's claim, the Design -Builder will pay for the audit. 7.2.7 The exclusive venue for any action initiated by either party associated with a claim or dispute will be in the appropriate State Court in and for the 19th Judicial Circuit for Indian River County, Florida or the U.S. District Court in the Ft Pierce Division of the Southern District of Florida. ARTICLE 8 TERMINATION OF THE CONTRACT 8.1 This Contract may be terminated by the Owner with or without cause upon at least seven days written notice to the Design -Builder. Upon termination of this Contract there will be no further duty or obligation with regard to a Part 2 Contract. 8.2 In the event of termination by Owner without cause, the Design -Builder will be entitled to receive compensation for that portion of the cost attributable to the services and reimbursable expenses under this Contract earned through the date of termination. In addition, the Design - Builder is entitled to receive compensation for direct, out-of-pocket termination expenses. However, as a prerequisite to receiving such termination expenses, the Design -Builder is required to include language regarding entitlement to compensation for costs attributable to services, reimbursable expenses and out-of-pocket expenses in all purchase orders, subcontracts and other agreements it enters into to effectuate completion of this Contract. The Design -Builder will not be entitled to any further or additional compensation from the Owner, including but not limited to, damages or lost or anticipated profits on portions of the Work not performed. 8.3 In the event of termination for cause, the Owner may retain all payments due to the Design -Builder at the date of termination until all of the Owner's damages have been Ixora Park Infrastructure Improvements 13 651 established and deducted from payments due. To the extent Owner's damages exceed the payments due Design -Builder, such excess will be paid by Design -Builder to Owner within ten days of Owner's written demand for same to Design -Builder. 8.4 Upon 30 days written notice to Owner, the Design -Builder may terminate this Contract only if the Design -Builder is not in default of any term, provision, or covenant of this Contract, and only upon or after the occurrence of the inability of Design -Builder to perform work for a period of longer than 90 consecutive days due to war, terrorism, or the issuance of any order, rule or regulation by a competent governmental authority or court having jurisdiction over the Owner preventing Design -Builder from operating its business or proceeding with the Contract Work for a period of longer than 90 consecutive days; provided, however, that such inability or such order, rule or regulation is not due to any fault or negligence of Design -Builder. 8.5 In the event this Contract is terminated or in the event that a Part 2 Contract is not executed, Owner will be entitled to retain and use all Project Documents furnished or prepared by or for the Design -Builder or design professionals employed or retained by the Design -Builder as set forth in Paragraph 3.1. 8.6 In the event the Owner terminates Design -Builder for cause pursuant to this Article 8 and it is later determined that such termination was not proper or such termination right was not otherwise available to the Owner, such termination will be deemed a termination without cause and Design -Builder's rights and remedies will be limited to those set forth in Paragraph 8.2 above. 8.7 In the event of termination, the Design -Builder consents to Owner's selection of a successor design -builder of the Owner's choice to assist the Owner in completing the Project, provided that (1) for a termination for cause, the Owner exercises its rights in good faith, and (2) for any termination for convenience, the Owner makes all payments due to Design -Builder under this Contract. The Design -Builder further agrees to cooperate and provide any information reasonably requested by the Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the Design -Builder's instruments of service by the Owner and successor design builder as the Owner may desire. In the event that the Design -Builder is terminated and a successor design -builder is employed to complete the Project, the Design -Builder shall not be liable for the successor design -builder's work. However, the Design -Builder remains liable under this Contract for all its acts and omissions up to and including the date of termination and subsequent provision of any information required to be provided under this provision. 8.8 Design -Builder certifies that it and those related entities of Design -Builder as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. Owner may terminate this Contract if Design -Builder, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. In addition, if this agreement is for goods or services of one million dollars or more, Design -Builder certifies that it and those related entities of Design -Builder as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and Ixora Park Infrastructure Improvements 14 652 are not engaged in business operations in Cuba or Syria. Owner may terminate this Contract if Design -Builder is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.9 Delays caused by force majeure, including but not limited to extreme weather, acts of God, epidemics, material shortages, or permitting delays by agencies, shall entitle Design -Builder to an equitable time extension. ARTICLE 9 BASIS OF COMPENSATION The Owner will compensate the Design -Builder for services rendered under this Contract, as described below. 9.1 COMPENSATION FOR BASIC SERVICES 9.1.1 For Basic Services, compensation will be as follows: For services performed under Article 1 hereof, total compensation to the Design -Builder will be a not -to -exceed amount of Dollars ($ ). Invoiced amounts will be based upon work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design -Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design - Builder, for such licensed design professional's and subcontractor's portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design -Builder on account of such licensed design professional's and subcontractor's portion of the Work. The Design -Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub -subcontractors in a similar manner. 9.1.3 The Design -Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design - Builder receives from the Owner. The Design -Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed and payment of that retainage has been made by the Owner. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non -DBE subcontractors. Retention for Pre -Construction services shall not be held by owner. 9.1.4 Invoiced amounts will be based on the Design -Builder's and subconsultant's most recent audited overhead rates or agreed upon overhead rates, personnel direct labor rates, negotiated profits on a percent complete basis. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. Ixora Park Infrastructure Improvements 15 653 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design -Builder's subconsultant and subcontractor contracts entered into by the Design -Builder to effect Project completion. 9.1.7 An employee basic services spreadsheet based on the fee and scope proposal in Excel format listing the employee's name, employee's classification and employee's raw rate must be submitted before the Design -Builder's invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated basic services spreadsheet in Excel format is required to be submitted. New rate tables must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design -Builder's invoice that are older than 90 days before the submission date will not be reimbursed. 9.1.9 N/A 9. 1.10 Basic services must be organized using standard separators to identify the basic services being billed. 9.1.11 All permit requirements and acceptable deliverables are required to be submitted seven days before submission of a final professional service invoice. 9.1.12 If deficiencies are found, a standard deficiency e-mail will be sent to the Design -Builder to resolve. Design -Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design -Builder's invoice will be returned. 9.1.13 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract. 9.2 COMPENSATION FOR ADDITIONAL SERVICES 9.2.1 The compensation for Additional Services under this Contract will be on the basis of the scope of work and in the amount of fees set forth in a written request of the Owner, which will have resulted from negotiation of the scope and the fees prior to such request of the Owner. 9.4 INVOICES AND RECORDS 9.4.1 Whenever compensation is paid to the Design -Builder on a reimbursable basis, records as to the direct expense must be kept on a generally accepted accounting basis and must be submitted with each invoice to the Owner. In addition, the Design -Builder will submit with each invoice a detailed accounting of the value of Work performed to date by their design professionals and subcontractors. This accounting will include the names and addresses of their design professionals and subcontractors that have participated, a description of the work each named design professional and subcontractor has performed and the value of work performed by each named design professional and subcontractor. 9.4.2 If the scope of the Project is changed materially, the amount of compensation may be equitably adjusted, if requested in writing, by either the Owner or the Design -Builder. Ixora Park Infrastructure Improvements 16 654 9.4.3 The Design -Builder will maintain a detailed, itemized, electronic spreadsheet to include identifiable references to the actual expense, in a format allowing readership in Microsoft Project or Primavera, of all reimbursable expenses submitted with each application for payment. 9.4.4 Whenever compensation is paid to the Design -Builder on a reimbursable basis, records as to the direct expense will be kept on a generally recognized accounting basis and will be submitted with each invoice. 9.4.5 Any compensation paid pursuant to a not -to -exceed amount will constitute full payment for all costs including, but not limited to, employee benefits, overhead, general administrative costs, profit and all other unallocated expenses. 9.4.6 The Design -Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its agreement no later than 10 days from the receipt of each payment the Design -Builder receives from the Owner. The Design -Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed and full payment, including retainage, has been made for that work by the Owner. Any delay or postponement of payment from the above -referenced time frame may occur only for good cause following written notice to the Owner. 9.4.7 With each invoice, the Design -Builder will submit an electronic Excel spreadsheet with an updated cash flow projection from the current invoice period through the end of the Project. ARTICLE 10 INSURANCE 10.1 DESIGN -BUILDER'S INSURANCE 10.1.1 Design -Builder must maintain the following limits and coverages uninterrupted or amended through the term of this Contract. In the event the Design -Builder defaults on any of the following requirements, the Owner reserves the right to take whatever actions deemed necessary to protect its interests. Required liability, other than Workers' Compensation/Employer's Liability and Professional Liability, will provide that the Owner, members of the Owner's governing body, and the Owner's officers, volunteers and employees are included as additional insureds. Design -Builder shall require that all subcontractors and subconsultants maintain insurance meeting all the requirements stated herein (except for professional liability insurance and environmental impairment insurance) with the sole exception that the Design -Builder shall determine the applicable limits of coverage and deductible amounts for its subcontractors and subconsultants and have all applicable policies endorsed to name the Owner, members of the Owner's governing body, and the Owner's officers, volunteers and employees named Additional Insureds. 10.1.2 Workers' Compensation / Employer's Liability Insurance The minimum limits of insurance (inclusive of any amount provided by an umbrella or excess policy) are: Part One: "Statutory" Part Two: Each Accident $1,000,000 Ixora Park Infrastructure Improvements 17 655 Disease - Policy Limit $1,000,000 Disease - Each Employee $1,000,000 10.1.3 Commercial General Liability Insurance The minimum limits of insurance (inclusive of any amounts provided by an umbrella or excess policy) without exclusion for independent contractors, XCU, or broad form property damage, covering the work performed pursuant to this Contract will be the amounts specified herein. Coverage will be provided for liability resulting out of, or in connection with, ongoing and completed operations performed by, or on behalf of, the Design -Builder under this Contract or the use or occupancy of Owner premises by, or on behalf of, the Design -Builder in connection with this Contract. Coverage shall be provided on a form no more restrictive than ISO Form CG 00 01. Coverage for Products and Completed Operations shall remain in force for a period of two years following substantial completion of the design phase in the amount of $10,000,000. Additional insured coverage shall be provided on a form no more restrictive than ISO Form CG 20 10 10 01 and CG 20 37 10 01. Contract Specific General Aggregate $10,000,000 Each Occurrence $10,000,000 Personal and Advertising Injury Each Occurrence $10,000,000 Products and Completed Operations Aggregate $10,000,000 10.1.4 Business Auto Liability Insurance Coverage will be provided for all owned, hired and non -owned vehicles. Coverage shall be provided on a form no more restrictive than ISO Form CA 00 01. The minimum limits of insurance, inclusive of any amounts provided by an umbrella or excess policy, covering the work performed pursuant to this Contract are: Each Occurrence - Bodily Injury and Property Damage Combined $10,000,000 10.1.5 Professional Liability Such insurance will be maintained throughout the Project and for five years following substantial completion of the design phase by the Design -Builder. Any deductible amount over $50,000 must be approved in writing by the Owner. This policy shall be endorsed to include contractual liability. Coverage will include all work of the Design -Builder, including but not limited to, areas with possible environmental impact, without any exclusions, unless approved in writing by the Owner. Coverage shall remain in force for a period of two years following substantial completion of the design phase in the amount of $20,000,000. The limits of coverage will not be less than: Each Claim $10,000,000 Annual Aggregate $10,000,000 Ixora Park Infrastructure Improvements 18 656 10.1.6 Environmental Impairment (Pollution) Liability: Proof of such insurance will be required during this Contract if determined by the Owner that circumstances warrant this coverage. Design -Builder agrees to show proof of coverage, without asbestos abatement exclusion, which arises out of, or in connection with, work or occupancy of Owner property in the Design -Builder's performance under this Contract. Coverage shall remain in force for a period of two years following substantial completion of the design phase in the amount of $10,000,000. The limits of coverage will not be less than: Each Occurrence $10,000,000 Annual Aggregate $10,000,000 10.1.7 Waiver of Subrogation The Design -Builder, for itself and on behalf of its insurers, to the fullest extent permitted by law without voiding the insurance required by the contract, waives all rights against the Owner, members of Owner's governing body and the Owner's officers, volunteers and employees, for damages or loss to the extent covered and paid for by any insurance maintained by the Design - Builder. The Owner and Design -Builder may mutually agree to adjust insurance limits on a project -specific basis if the risk profile, scope, or budget of the project reasonably warrants adjustment ARTICLE 11 INDEMNITY 11.1 To the maximum extent permitted by Florida law, in addition to Design -Builder's obligation to provide pay for and maintain insurance as set forth elsewhere in this Contract, Design -Builder will indemnify and hold harmless the Owner, its members, officers, agents, employees, and volunteers from any and all liabilities, suits, claims, expenses, losses, costs, royalties, fines and damages (including but not limited to claims for attorney's fees and court costs) caused in whole or in part by the: 1. Presence on, use or occupancy by Design -Builder personnel or those for whom Design - Builder is responsible of Owner property, solely to the extent that such presence on, use or occupancy of Owner property causes liabilities, suits, claims, expenses, losses, costs, royalties fines or damages resulting from Design -Builder's negligence or those for whom the Design - Builder is responsible. 2. Design -Builder's acts, omissions, negligence (including professional negligence and malpractice), recklessness, intentional wrongful conduct, activities, or operations; 3. Any Design -Builder breach of the terms of this Contract; 4. Performance, non-performance or purported performance of this Contract, but only to the extent that Design -Builder is at fault; 5. Violation of any law, regulation, rule or ordinance, but only to the extent that Design - Builder is at fault for such violation; 6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights; but only to the extent that Design -Builder is at fault for such violation; and/or Ixora Park Infrastructure Improvements 19 657 7. Contamination of the soil, groundwater, surface water, storm water, air or the environment by fuel, gas, chemicals or any other substance deemed by the Environmental Protection Agency or other regulatory agency to be an environmental contaminant by the Design -Builder or the Design -Builder's officers, employees, agents, volunteers, subcontractors, invitees, or any other person whether the liability, suit, claim, expense, loss, cost, fine or damages, but only to the extent caused by the Design -Builder. 11.2 In addition to the duty to indemnify and hold harmless, Design -Builder will have the separate and independent duty to defend the Owner, its members, officers, agents, employees, and volunteers from all suits, claims or actions of any nature seeking damages, equitable or injunctive relief, expenses, losses, costs, royalties, fines or attorney's fees in the event the suit, claim, or action of any nature arises from the indemnification obligations described in Section 11.1. This duty to defend exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Design -Builder by a party entitled to a defense hereunder. This duty to defend obligation expressly applies, and shall be construed to include, any and all claim(s) caused in part by the negligence, acts, or omissions of the Owner, its members, officers, agents, employees, and volunteers as limited by Fla. Stat § 725.06. In the event of a conflict, Fla. Stat § 725.06 shall control. 11.3 If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Fla. Stat. § 725.06(2)-(3) or Fla. Stat. § 725.08, then with respect to the part so limited, Design -Builder agrees to the following: To the maximum extent permitted by Florida law, Design -Builder will indemnify and hold harmless the Owner, its members, officers, agents, employees, and volunteers from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fee, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Design -Builder and persons employed or utilized by the Design -Builder in the performance of this Contract. 11.4 If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Fla. Stat. § 725.06(1) or any other applicable law, then with respect to the part so limited the monetary limitation on the extent of the indemnification shall be the greater of the (i) monetary value of this Contract, (ii) coverage amount of Commercial General Liability Insurance required under this Contract or (iii) $1,000,000.00. 11.5 Design -Builder's obligations to defend and indemnify as described in this Article will survive the expiration or earlier termination of this Contract until it is determined by final judgment that any suit, claim or other action against the Owner, its members, officers, agents, employees, and volunteers is fully and finally barred by the applicable statute of limitations or repose. 11.6 Nothing in this Article or Contract will be construed as a waiver of any immunity from or limitation of liability the Owner, or its members, officers, agents, employees, and volunteers may have under the doctrine of sovereign immunity under common law or statute. 11.7 The Owner and its members, officers, agents, employees, and volunteers reserve the right, at their option, to participate in the defense of any suit, without relieving Design -Builder of any of its obligations under this Article. Ixora Park Infrastructure Improvements 20 658 11.8 If the above Article 11.1-11.7 or any part of Article 11.1-11.7 is deemed to conflict in any way with any law, the Article or part of the Article will be considered modified by such law to remedy the conflict. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and Design -Builder respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, and assigns of such other party with respect to the covenants of this Contract. 12.2 Except as hereinafter provided, neither party to this Contract will assign or sublet this Contract, in whole or in part, without the written consent of the other, nor will the Design -Builder assign any monies due, or to become due, hereunder without the previous written consent of the Owner. If the Design -Builder attempts to make such assignment or sublet without such consent, the Design -Builder will nevertheless remain legally responsible for all obligations under this Contract. 12.3 The Owner reserves the right to transfer its interests herein to any other governmental body authorized by law to operate theProject. ARTICLE 13 TRUTH IN NEGOTIATIONS The Design -Builder certifies that the wage rates and other factual unit costs supporting the compensation described herein are accurate, complete and current as of the date of this Contract, and that the original compensation and any additions thereto will be adjusted to exclude any significant sums where the Owner determines the lump sum amount was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such Contract adjustments must be made within one year following the end of this Contract. ARTICLE 14 PROHIBITION AGAINST CONTINGENT FEES The Design -Builder warrants that Design -Builder has not employed or retained any company or person, other than a bona fide employee working solely for the Design -Builder, to solicit or secure this Contract, and that the Design -Builder has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Design -Builder, any fee, commission, percentage, gift, or other consideration, contingent upon or resulting from the award or making of this Contract. If the Owner finds that Design -Builder violates this provision, the Owner may terminate this Contract without liability and, at its discretion, deduct from this Contract, or otherwise recover from Design -Builder, the full amount of any fee, commission, percentage, gift, or consideration. ARTICLE 15 CONTRACT MADE IN FLORIDA This Contract has been made in and will be construed in accordance with the laws of the State of Florida. Ixora Park Infrastructure Improvements 21 659 ARTICLE 16 PUBLIC ENTITY CRIME CERTIFICATION A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Design -Builder, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 17 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES This Contract will be terminated in accordance with Florida Statute Section 287.135(3) if it is found that the Design -Builder submitted a false Scrutinized Company Certification as provided in Florida Statute Section 287.135(5) or has been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, created pursuant to Florida Statute Section 215.473, or has been engaged in business operations in Syria. ARTICLE 18 E -VERIFY REQUIREMENT The Design -Builder is registered with and will use the Department of Homeland Security's E - Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Design - Builder is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 19 COMPLETE CONTRACT This Contract represents the entire agreement between the Owner and the Design -Builder and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both the Owner and the Design - Builder. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of this Contract will not be construed to be and will not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. CONTRACT This Contract entered into as of the day and year first written above. Ixora Park Infrastructure Improvements 22 660 IN WITNESS WHEREOF, the parties hereto have set their hands and corporate seals by their proper officers, duly authorized to do so. OWNER: Design -Builder: INDIAN RIVER COUNTY Ric -Man Construction Florida, Inc. By: Joseph E. Flescher, Chairman 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) Designated Representative: By: Name: Christopher Mancini Title: Vice President (Corporate Seal) (If Design -Builder is a corporation or partnership, attach evidence of authority to sign) Attest: Name: Title: Designated Representative: Address for giving notices: ATTACHMENT 1— Pre -Construction Services Scope, Schedule, and Fee Ixora Park Infrastructure Improvements 23 661 ��'M'�► WADE CONST. FL, INC. DEERFIELD BEACH, FLOR121' TRIM INDIAN RIVER COUNTY Progressive Design -Build Services for Ixora Park Infrastructure Improvements (IRCDUS Project ID: 41.23.548) PHASE NO.1 Pre -Construction Scope of Services —10/06/2025 INTRODUCTION Ric -Man Construction/Wade Trim (Design -Builder or DB) have been selected to provide Progressive Design -Build services, including project management, planning, engineering, permitting, and construction services for Ixora Park Infrastructure Improvements located within Indian River County (County). This project will be a multi-year multi -stage undertaking and includes potable water, sewer, stormwater, and roads infrastructure rehabilitation, including but not limited to, piping, valves, meters, manholes, drainage, roadway, and lift station improvements. The Ixora Park area includes approximately 275 properties and is roughly defined as lying between 1" Street SW to the north, 20`' Avenue on the east, South Relief Canal on the south, and 27`' Avenue to the west. Figure 1: Project Area 662 PROJECT DESCRIPTION Wastewater Services Indian River County's Department of Utility Services (IRCDUS) currently owns and is responsible for the Ixora Park sewerage network containing 9,710 linear feet of vitrified clay pipe (VCP) gravity sewer and 23 manholes with installations dating from 1952. The Ixora Park area features two lift stations, the first in the south just west of 20th Ave. This station pumps to the second lift station which connects the system from the northwest corner of the Ixora Park area into a force main along 1" Street SW. Deficiencies in the VCP have been identified through pipe failures, closed-circuit television (CCTV) and roadway repair efforts. This project will facilitate the complete replacement of the existing VCP sewer network and relocation of all sewers to the centerline of the roadway. As part of the effort, the Design -Builder will assess the feasibility of a new vacuum sewer system or the replacement and/or rehabilitation of the current gravity system. The Design -Builder will assess the option of abandonment and demolition of the two (2) existing wastewater pump stations and design and construct a new single pump station or vacuum pump station located in the same location as the pump station at the intersection of 27`s Ave SW and Vt St SW. This option for a new pump station will serve all Ixora Park with a new force main connecting into the force main in 1 st Street SW. Drainage Services The Design -Builder will design and construct replacement stormwater drainage structures (in their current locations) with standard valley gutter structures, replace all valley gutters and, prepare roadway plans to meet County standard slopes for residential areas. Water Services Water distribution mains and associated meters and valves located outside of the roadway right of way, including those inside private property and within the roadways, shall be relocated as part of the project. The Design -Builder will assess the existing water mains to determine if rehabilitation or replacement is required. An assessment of the potable water piping network shall be conducted and improvements, if any, shall be included in the design to ensure that water supply to customers is not impacted during construction services. Maintenance of Field/Plant Operations The Design -Builder will assess the impact of the Ixora Park improvements on the operation of the existing water and wastewater treatment facilities, both during construction activities and following the infrastructure improvements. Roadway Services The Design -Builder will investigate the road settlement issues within Ixora Park to determine the cause(s) and design and build infrastructure, drainage, and roadway improvements to address the issues. Project Management Page 2 of 23 663 The Design -Builder will be responsible for managing scope, schedule, and budget, and maintain regular communication with the County to keep the County fully apprised of project matters for duration of the project. Based on the project description as presented by the County in the solicitation, the Scope of Work includes the following tasks: Task 1: Project Management and Coordination Task 2: Preliminary Investigation/Existing Document Review Task 3: Preliminary Design Services Task 4: External Funding Evaluation and Acquisition Assistance Task 5: Detailed Design Services Task 6: Permitting Task 7: Community Outreach Services Task 8: Guaranteed Maximum Price (GMP) Development and Value Engineering SCOPE OF WORK For the development of the Scope of Work, the DB has assumed the following: • The existing gravity sewer system will be abandoned and replaced. The lift stations will be abandoned and replaced with a single lift station. o Should the analysis in Task 3.1 result in IRCDUS selecting a vacuum sewer system to replace the gravity sewer system, then the DB will prepare an Addendum to reflect the change in scope, fee distribution, and/or schedule. • Water distribution mains and associated meters and valves located outside of the roadway right of way, including those inside private property and within the backyard alleyways, will be relocated. o Should the analysis in Task 3.3 result in IRCDUS leaving the existing water utility infrastructure in place, then the DB will prepare an Addendum to reflect the change in scope, fee and/or fee distribution, and/or schedule. TASK 1— PROJECT MANGEMENT AND COORDINATION 1.1 Project Management Project Management Service activities include resource management, schedule development, management controls, budget and schedule management, subconsultant coordination, invoicing, monthly status report and coordination with the county. A project specific Project Management Plan (PMP) will be prepared establishing team members and responsibilities, lines of communication, project delivery schedules and project budgets overall and broken out by phase. The PMP will be updated and distributed based on decisions or changes to the project definition. The DB will oversee, coordinate, and review all elements of the project to ensure timely and accurate work product. The early development of a risk register to identify risks and opportunities related to project schedule and budget will be established. The risk registry will be the reviewed at progress meeting and act as the framework of risk management throughout Page 3 of 23 664 the project duration. A Critical Path Method Project Schedule will be created to track progress and ensure deliverables are ready on time. Progress (or variance) against the PMP schedule will be presented during progress meetings The DB will be responsible for providing general correspondence and project administration services that will include project setup, the Project Management Plan, and electronic file systems. The DB will also provide monthly status reports to accompany monthly invoices for work completed and will administer the project from inception through the end of the detailed design services. The monthly status reports will include project action items status and variance analysis reports. DB will retain and manage all design subconsultants work under Task 2, including reviewing subconsultant progress and invoices monthly. Assumptions: • Project Management activities are based on an estimated 12 months of design phase services.. Deliverables: • Monthly Status Reports • Monthly Invoice • Project Schedule • Project Management Plan • Monthly Risk Registry- Updates 1.2 Project Coordination and Quality Management Plan The DB will conduct coordination meetings throughout the Pre -Construction Phase to discuss the project schedule, progress of the work, coordinate activities, resolve outstanding issues, and assign tasks. Quality assurance (QA) reviews will be conducted by the DB. The QA professional(s) will be staff not routinely engaged in the Project. DB will coordinate all the preliminary design services, including that of the subconsultants with the establishment of drafting standards, applicable design standards, project schedule, lines of communication, and design responsibilities; scheduling of field activities, monitor design progress, provide design progress reports, provide design clarifications, conduct bi- weekly internal design meetings, review invoices and provide recommendation for payment to the DB. DB will also develop Quality Assurance/Quality Control (QA/QC) procedures and document them in an internal Quality Management Plan (QMP) prior to beginning work on the project. These procedures will define the intervals (level of completion) of review activities, the review techniques, reviewer qualifications, the review process flow diagram, documentation, and follow-up procedures. At a minimum, the QMP will facilitate the peer review of work products for accuracy in their scope, findings, and recommendations. During the design phase senior reviewers identified in the QMP will be engaged to review the project periodically for technical merit, constructability, and comparison to the project goals. Reviewers will also be engaged and consulted during the execution of the project. Page 4 of 23 665 DB will establish and maintain an online SharePoint site for the project team to access and share design files, reports, specifications, and other project relevant information. The design meeting agenda and meeting summary will be developed and distributed via electronic delivery in PDF Format by the DB. Deliverables: • QA/QC — Quality Management Plan • Pre -Design Meetings — Summary Reports 1.3 Progress Meetings The DB and key design subconsultants, as needed, will facilitate progress meetings with IRCDUS to review design activity progress, present an updated schedule (noting variances), review project costs, and discuss any current major project decisions needed or challenges being faced. When possible, other meetings, workshops, etc. will be scheduled to coincide with these meetings to increase efficiency. Attendance will be virtual using Microsoft Teams or similar software or in person if determined necessary. The progress meeting agenda and meeting summary will be developed and distributed via electronic delivery in PDF Format by the DB. Assumptions: • 20 meetings of a one-hour duration attended by two key team members have been budgeted for this task. Up to two -hours per meeting has been budgeted for preparation of agenda and meeting summary. Deliverables: Progress Meeting Agenda Progress Meeting Summaries — Bi -Weekly TASK 2 — PRELIMINARY INVESTIGATION/EXISTING DOCUMENTATION REVIEW 2.1 Formal Data Request/Review Upon request, IRCDUS will provide to the DB copies of available information relevant to the Service Areas for review including, but not limited to: • GIS — city and utility data • Right -of -Way maps for the service area • Water, Sanitary sewer and Lift Station as -built information • Available videos and pictures depicting deficiencies in the existing gravity sewer that have been identified through pipe failures, closed-circuit television (CCTV) and roadway repair efforts • Collection System PACP assessment performed by Kimley Horn • Location, parcel data, and available surveys for properties owned by the County in the area • Environmental reports, surveys, or assessments performed in the service area Page 5 of 23 666 • Location of public and private roads within the Service Areas • Road design reports, design drawings, and as -built drawings • Available right -of -wap maps of the Service Areas • Previous survey The DB will provide the baseline schedule for key decisions to be made for the necessary field investigations to support the design and construction. 2.2 Site Visits The DB will complete site visits for the service area that include data collection, as -built verification, exterior residential sewer line cleanouts, potential parcels for pump stations and vacuum pump stations, potential pipeline obstacles like large existing trees, identification of potential environmental impacts, and other data collection necessary for the project. 2.3 Survey The DB will utilize a Surveying Subconsultant to perform survey services for the project area as depicted in Figure 1 (above) and as described below that include the following: • Topographic Survey Horizontal and Vertical Control Set and reference Survey Control Points as horizontal and vertical control (HVC) points in well-established structures throughout the service area. o The HVC control locations will be reviewed with the County Survey staff prior to establishment. o Horizontal control data will be referenced to the Florida State Plane Coordinate System, East Zone and the North American Datum of 1983, Adjustment of 2011 (NAD 83/2011). o Vertical control data will be referenced to the North American Vertical Datum of 1988 (NAVD88). A conversion from NAVD88 to the National Geodetic Vertical Datum of 1929 (NGVD29) will be provided for the site. • Right of Way, Easements, and Alignment Existing plats, easements, land surveys, deeds, and other relevant document shall be reviewed. Conduct title searches to identify existing easements, encumbrances, and ensure accuracy of rights-of-way limits. Identify discrepancies between the plats and actual site conditions. Provide Indian River County Right -of -Way Inventory files and confirm right-of-way lines and compile findings in a brief report summarizing research results, list of existing easements, and identified discrepancies or conflicts Provide calculated alignments based on approximate centerline of pavement and include horizontal and/or vertical points of curvature (HPC/VPC) control points Page 6 of 23 667 shown and reference to alignment where applicable. NOTE: No alignment points will be set or referenced in the field. • Topographic Survey Complete a topographic survey of all public streets, rear lots where existing utilities are located, and pump station sites (two) located within the project area with a maximum grid spacing of 50 feet. A drainage survey will also be conducted in the project limits and included in the topographic survey file. The survey will include the location of above -grade features or improvements within 10 feet beyond the right-of-way or within 10 feet on each side of existing utilities in rear lots including: visible features (pavement, curbs, sidewalks, walls, fences, power poles, fire hydrants, utility marker posts, pull boxes, valve boxes, manholes (rim and invert elevations, including size / material and direction where identifiable), rear lot private property features (fences, buildings/sheds, pavers, trees, shrubbery, decorative landscaping, slabs), storm inlets and outfalls (rim and invert elevations, including size / material and direction where identifiable), junction boxes, cleanouts, fire hydrants, trees above 4" Diameter at Breast Height (DBH), etc. • Jurisdiction Line Survey Utilize conventional survey methods to survey wetland flag locations, if any, as flagged by others. Parcel delineations and plat and easement review based on available public data and/or information provided by Owner. Deliverables: Topographic survey files Surveyor and Mapper report documenting the processes and procedures used for the completion of this project. 2.4 Subsurface Utility Engineering The Design Consultant will utilize a Subsurface Utility Engineering (SUE) subconsultant to perform SUE services to complete Level A subsurface locates to use during design activities. This utility mapping will include developing base maps using existing record drawings and other existing information. Vacuum potholing and other locating methods will be used as needed to evaluate utility locations for existing underground utilities. Designation includes 2-dimensional collection of existing utilities and selected 3-dimensional verification as needed for designation. Location includes non-destructive excavation to determine size, material, service, and location of existing utility, as necessary for final 3-dimensional verification. Survey includes collection of Page 7 of 23 RTf-1j data on points as needed for designates and locates. Includes analysis and processing of all field collected data, and delivery of all appropriate electronic files. It is assumed that up to 8 SUE locates will be required. Once identified, the location of utilities will be surveyed and shown on the project mapping. A SUE Table consisting of following information will be developed and included in the design drawings: • Utility owner • Utility service • Pipe/conduit diameter • Pipe/conduit material • Grade elevation • Utility elevation • Utility depth • Northing and easting coordinates Work Zone Safety. The SUE Subconsultant will provide maintenance of traffic (MOT) as required per FDOT guidelines. The SUE subconsultant shall submit a dig ticket to Sunshine 811 requesting .utility location services 48 hours in advance of the field work. County and FDOT permits will be obtained to perform work located within the roadway or where temporary lane closures are required. Maintenance of traffic will be provided for assumed test holes in the roadway and along roadways with no shoulders and ditches. Assumptions: • SUE services will commence within 10 days of NTP. • Alignment for SUE locates will be coordinated between the DB and SUE Subconsultant. • Survey of SUE locations to be coordinated with surveying subconsultant. Deliverables: • SUE Table and Utility Matrix 2.5 Geotechnical Services The DB will utilize a Geotechnical Subconsultant to provide geotechnical data (soils and groundwater) along the pipeline alignments. Professional Geotechnical Engineering services will include the following: • Review soil information published by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (MRCS). Review potentiometric and topographic information published by the United States Geological Survey (USGS). • Review available geotechnical soil borings in the vicinity of the proposed pipe alignments and, if appropriate, use the data to determine the proposed geotechnical exploration. (if Any) • Perform a site reconnaissance to ascertain site access and establish a geotechnical field investigation plan. Page 8 of 23 669 • Coordinate utility clearances with Sunshine One Call. Utilities outside of Sunshine One Call's jurisdiction, such as privately owned utilities, will need to be located by others prior to geotechnical excavations. • Coordinate with other subconsultant(s) who will be completing geotechnical field - services. • Classify and stratify the soil samples encountered in accordance with Unified Soil Classification System. • Conduct laboratory testing on select soil samples to confirm the visual classification and estimate engineering properties. It is anticipated that the following tests will be performed. o Single Sieve Grain Size Analysis Tests o Full Sieve Grain Size Analysis Tests o Atterberg Limits Tests o Organic Content Tests o Natural Moisture Content Tests o Corrosion Series Tests (Soil and Water - pH, Sulfates, Chlorides and Resistivity) • Prepare a boring location plan and soil boring profiles that graphically depicts the soil and groundwater conditions encountered. • Identify the locations and descriptions of any existing fill or potentially deleterious materials encountered within the borings. • Perform 5 roadway pavement cores at select locations where the pavement is failing and as identified by the DB. • Standard Penetration Test (SPT) borings o Sewer Pipe Alignment - Perform 12 SPT borings to a depth of 20 feet. SPTs locations to be coordinated with the DB. o Pump Station Site — Perform 1 SPT boring to a depth of 40 feet. SPT location to be coordinated with the DB. o The soil sampling will be performed in accordance with the American Society for Testing and Materials (ASTM) test designation D-1586. Typically, SPT resistance N -values will be taken continuously to a depth of 10 feet and on 5 - foot intervals thereafter. • Hand Auger Borings o Perform up to 8 hand auger borings to a depth of 5 feet at select locations along the water/sewer pipeline alignments. o Perform 4 hand auger borings to a depth of 10 feet at the proposed pump station site. • Perform permeability testing at depths ranging from 5 to 10 feet below grade at locations to be identified in the field. • Install at least one temporary piezometer within the project area and measure stabilized groundwater levels. • Prepare a geotechnical report that summarizes the course of study pursued, the field data generated, laboratory test results, subsurface conditions encountered, and geotechnical recommendations related to utility installation and roadway repairs. Page 9 of 23 670 Work Zone Safety. The Geotechnical Subconsultant will provide maintenance of traffic (MOT) as required per FDOT guidelines. The Geotechnical Subconsultant shall submit a dig ticket to Sunshine 811 requesting utility location services 48 hours in advance of the field work. County and FDOT permits will be obtained to perform work located within the roadway or where temporary lane closures are required. Maintenance of traffic will be provided for assumed test holes in the roadway and along roadways with no shoulders and ditches. Deliverables: 0 Geotechnical Report 2.6 Environmental Services DB will utilize an Environmental Subconsultant to perform preliminary project research and regulatory agency coordination to assure that design efforts are properly directed toward permit requirements. The Environmental Subconsultant will review survey and survey report for existing easements or other restrictions that may exist both within or adjacent to the proposed project boundary. Wetland Delineation. The jurisdictional boundaries of each wetland and surface water within the pipeline corridors and pump station sites will be delineated in accordance with the State of Florida Wetland Delineation Methodology outlined in Chapter 62-340, F.A.C. and the U.S. Army Corp of Engineer's (ACOE) Interim Regional Supplement to the Wetland Delineation Manual. GPS coordinates of the wetland flags will be collected, and maps prepared showing the approximate wetland limits overlain on aerial imagery. DB will meet on-site with staff from either IRCDUS or the Florida Department of Environmental Protection (FDEP) to obtain agency approval of the wetland and surface water boundaries, if any. Habitat Assessment and Protected Species Evaluation. A field review of the proposed improvement areas will be conducted to describe the habitats and determine the potential presence of species listed by the U.S. Fish and Wildlife Service (FWS) or the Florida Fish and Wildlife Conservation Commission (FWC) as endangered, threatened, or Species of Special Concern. In addition, FWS and FWC protected species databases and GIS data will be reviewed. A habitat assessment memorandum will be prepared that includes habitat descriptions, photos, and observed protected wildlife along with an aerial map showing their location. Gopher Tortoise Survey. The Environmental Subconsultant will conduct a survey of suitable gopher tortoise habitat within the project limits in accordance with methodology outlined in the Florida Fish and Wildlife Conservation Commission's (FWC) Gopher Tortoise Permitting Guidelines dated July 2020. Potentially occupied burrows will be marked in the field, the activity status noted, and GPS coordinates recorded. It is assumed that no gopher tortoise permitting required. If needed, additional services will be provided as described under COMPENSATION. Page 10 of 23 671 Assumptions: • Environmental services will commence within 10 days of NTP. • Alignment for the environmental evaluations will be based on the layout of existing water and sewer utilities, including those that are in easements and/or rear lots within the Ixora Park service area. This scope does not include contamination assessment or mitigation activities in the project corridor. Deliverables: Wetland boundary maps Habitat assessment memorandum • Gopher tortoise survey TASK 3 — PRELIMINARY DESIGN SERVICES 3.1 Sewer System Replacement Alternatives Analysis DB will prepare and submit a Technical Memorandum evaluating the feasibility of rehabilitating Ixora Park's current gravity sewer system, replacing it with a conventional gravity sewer system, or replacing it with a vacuum sewer system. The pros and cons for each approach will be provided, including regulatory constraints, construction limitations, timeframes for implementation, customer impacts, grant differences, installation costs, maintenance requirements and life cycle costs. Specific items that will be considered as part of the alternatives analysis include the following: • The DB shall review existing PACP assessments and other photos/videos obtained from ICRDUS to determine the need and amount of in-place gravity sewer rehabilitation required. • The feasibility of replacing the two existing pump stations and replacing them with a new, single pump station located centrally located in project area. • Potential impacts to the wastewater treatment facilities during and after construction. The Technical Memorandum will be presented to IRCDUS for review and discussion with the outcome of the discussion resulting in the selection of the collection system that will be designed for Ixora Park. 3.2 Roadway Failure Investigation DB will prepare and submit a Technical Memorandum to identify root causes of identified roadway deficiencies within Ixora Park. Existing information, including road design reports, design drawings, and as -built drawings will be reviewed and analyzed to determine the adequacy of the design. Field and laboratory testing results obtained from Task 2 will be used to evaluate the damaged or failing road sections. Upon completion of the design analysis, physical inspections, and field/laboratory testing, the Technical Memorandum will provide recommendations and options for addressing the noted roadway deficiencies. Page 11 of 23 672 The Technical Memorandum will be presented to IRCDUS for review and discussion with the outcome resulting in the roadway improvements that will be designed for Ixora Park. 3.3 Water Main Assessment The DB will perform a desktop assessment of the water main piping located within the ROW and all lines located within backyard easements will be replaced and relocated to the ROW. The assessment will evaluate the existing water main by date of installation and pipe material. Water main installed prior to 1980 or any material besides C900 PVC will be recommended for replacement. Locations with contradicting or insufficient data will be flagged for possible further analysis/exploration. The results of the assessment will be presented to IRCDUS for review and discussion with the outcome of the discussion resulting in the design direction for the water main system in the project area. 3.4 System Hydraulics and Point -of -Connection DB will coordinate system hydraulic modeling that documents the current and projected flow requirements and will confirm the hydraulic basis for the selected sizing of proposed pipelines, force mains, pump stations, and sewage transfer pump sizing based on the locations of pump station (s). DB will work with IRCDUS or designated representative to locate the point -of - connection into the water and wastewater systems. 3.5 Construction Phasing and Buildout Plan The DB will prepare and submit a Technical Memorandum for a construction phasing plan that is intended to align with current and subsequent funding availability and minimize disruptions to the public while streamlining the installation of the improvements. Each phase will be provided, at a minimum, with the following details: • Scope of Work • Anticipated duration of design and construction • Anticipated road closures • Laydown and staging areas • Potential disruptions to water or sewer services • Demolition and Abandonment plan • Private side (rear lot) access needs • Community Outreach needs • Budgetary cost estimate - rough order of magnitude (ROM) The Technical Memorandum will be presented to IRCDUS for review and discussion with the outcome being documented as part of Task 3.8. Page 12 of 23 673 3.6 Pre -Design Workshop DB will schedule and lead a pre -design workshop with IRCUD to discuss and kick-off the Basis of Design Report (BODR) and 30% design work. An agenda will be prepared and followed with a meeting summary posted at the end of the meeting. The meeting will discuss key deliverables, project milestones, expectations, and communication protocols. 3.7 30% Design The DB will prepare 30% design drawings and specifications, to a level that illustrates the design intent. The 30% Design Submittal will include the following: • Pipeline and right of way improvement plan sheets • Pump Station Plan and Sections • Civil, structural, mechanical, electrical and instrumentation needs will be provided in the form of a Technical Memorandum • Table of Contents of project specifications • Identification of anticipated permits Depending on the level of survey completed, the documents will be prepared with available survey and when survey is not available, drawings will be completed using available County GIS files and right-of-way information that will be placed in CAD files and used to provide preliminary layouts and locations of the water and wastewater collection system. The 30% design will be prepared in accordance with the County's standards. Drawings will, to the extent possible, use the County's CAD standards and technical specifications and conform to County standards. The DB will adhere to their own CAD standards for plotting and provide the County with the applicable plot files. The DB will attend review meetings at the 30% design milestone in the design process. 3.8 Basis of Design Report Based on the direction provided by IRCDUS regarding Task 3.1 and Task 3.4, the DB will prepare a Basis of Design Report (BODR) that documents the current and projected flow requirements and presents the hydraulic calculations showing the selected sizing of the proposed improvements such as water mains, collection mains, force mains, pump stations, pump sizing, and sewage transfer pump sizing. The 30% design drawings will be incorporated and will be submitted showing the proposed alignments, location of pump stations, and point - of -connection into the wastewater system. The BODR will document the direction provided by IRCDUS per Task 3.2. Proposed hardscape improvements will be documented, and major deficiencies will be noted. The BODR will include the phasing plan and ROM, pipeline alignments and permit requirements. Page 13 of 23 674 The BODR will include, as appendices, deliverables from Task 2, Task 3.1, Task 3.2, Task 3.5, Task 3.6 and Task 3.7. The DB will meet with IRCDUS to discuss the draft BODR and incorporate any comments into the final BDOR Submittal. TASK 4 — EXTERNAL FUNDING EVALUATION AND ACQUISITION ASSISTANCE 4.1 External Funding Recommendations DB will review approved funding sources that have already been acquired by IRCDUS for the project and will identify additional grant opportunities through research and through the FundingScout grant identification process. Grant opportunities will be identified, with consideration being given to the phasing plan's anticipated timeline to commence the work, (Task 3.7) and summarized in a Grant Memorandum. The memorandum will summarize grant eligible uses, funding ranges, strategies to pursue, and regulatory or administrative impacts. Upon review of the Grant Memorandum and concurrence from IRCDUS, the DB will proceed to Task 4.2. Deliverables: 0 Grant Review Memorandum 4.2 Grant Writing DB will assist IRCDUS in developing grant applications or communications that support obtaining Federal, State, and other funding. This may include the development of grant narratives, illustrations, budgets, and other information required by grant guidelines. Special consideration will be given for securing grants that are in line with the phasing plan's timeline. 4.3 Post Submission Grant Support Wade Trim will assist the Owner throughout the process of grant review and award, which often requires the Owner to respond to agency requests for information. 4.4 Other Grant Services Other services may be requested relating to grant funding, which may include assisting the Owner with or performing grant administration and reporting. TASK 5 — DETAILED DESIGN SERVICES 5.1 60% Design Upon completion of Task 2 and Task 3, DB shall prepare and submit 60% Design Documents that consist of the following: Page 14 of 23 675 • Drawings developed to prepare and submit for permits to include: • General drawings ■ Cover, Legend, Abbreviations, SWPPP • Demolition and abandonment • Phasing plan • Plan and profile drawings of final pipe and appurtenances alignments • Plan and section views of pump station(s) • Pump Station structural, mechanical, electrical, and instrumentation drawings • Site, Roadway and Stormwater Improvements • Utility conflicts • Standard pipeline and connection details • Bedding and connection requirements • Air release and isolation valve locations • Maintenance of Traffic (MOT) and road closure drawings • Environmental delineations • Staging and storage areas • FDEP chlorine injection point and sampling locations details • Technical specifications in CSI Format including: • Supplementary Conditions • Division 1 requirements per BODR • County standards and design requirements • Test reports • Schedule of submittals • Individual specification sections to include: ■ Material submittals ■ Shop drawings ■ Test reports ■ Closeout documents ■ Warranties/guarantees • Quality control plan • Testing schedule • Provide recommendations for tree protections, if needed, for protected trees or other exceptional trees to remain, using BMP and other ISA Arborist data • Laydown area plan and a pipe and materials staging plan • Pipe stringing and welding plan (if required) • Copies of all meeting summaries and relevant correspondence • A list of value engineering and constructability alternatives • Alternative pricing for all value engineering alternatives • Updated cost estimate (draft GMP) for the proposed work • Updated Project Schedule illustrating critical path and any changes in schedule detail • Permit applications will be prepared and submitted to IRCDUS for signature at the conclusion of the 60% phase of design. • Attend a preliminary design review workshop with IRCDUS prior to 60% submittal. Page 15 of 23 RyL • Attend a 60% design review workshop with IRCDUS. Assumptions: • One Set of Specifications will be prepared jointly between DB members for the entire project. • DB will provide input on design activity durations, schedule preparation, and critical path identification Deliverables: • One electronic copy of the 60% Design Documents 5.2 90% Design DB shall prepare and submit 90% Construction Documents that advances the design and incorporates 60% IRCDUS comments and additional comments received from the permit agencies that consists of the following: • Complete Construction Documents consisting of drawings and technical specifications • Copies of all meeting summaries and relevant correspondence • Updated Design CPM Schedule • Attend a preliminary design review workshop with IRCDUS prior to 90% submittal. • Attend a 90% design review workshop with IRCDUS. DB shall develop and maintain a 60% Design Review Comment Log with resolutions that will be populated with responses and submitted to IRCDUS via electronic delivery in PDF Format for approval prior to incorporating the comments and advancing the documents to 90% Documents. Deliverables: • One electronic copy of the 90% Design Documents • 60% Design Document Review Comment Log with resolutions • Updated Design CPM Schedule 5.3 Issued for Construction (IFC) Documents Upon IRCDUS's approval of the responses to the 90% Design Review Comment Log, the DB shall prepare and submit IFC Documents that will incorporate IRCDUS's 90% review comments and the final comments received from the permitting agencies, and consist of the following: • Complete Construction Documents consisting of drawings and technical specifications • Copies of all meeting summaries and relevant correspondence. DB shall develop and maintain a 90% Design Review Comment Log with resolutions that will be populated with responses and submitted to IRCDUS via electronic delivery in PDF Format Page 16 of 23 677 for approval prior to incorporating the comments and advancing the documents to IFC Documents. Deliverables: • One electronic copy of the IFC Documents • 90% Design Document Review Comment Log with resolutions TASK 6 — PERMITTING 6.1 Pre -Application Meetings Upon completion of the 30% design phase, the DB shall schedule pre -application meetings with applicable permitting agencies to identify any existing permits and confirm specific permitting requirements for the project. The DB and key design subconsultants will provide a pre -application meeting agenda to IRCDUS for review two business days prior to each meeting and shall provide written minutes of each meeting within seven business days of the meeting for IRCDUS approval prior to distribution to attendees. 6.2 Permit Application Preparation and Submittal After 60% design, the DB will prepare and submit all applications and prepare responses to all agency requests for additional information (RAI), including completion of design revisions that may be required to secure the required permits and provide draft response packages to IRCDUS. The DB will coordinate with IRCDUS until all permits are obtained. The comments received from the individual permitting agencies shall be incorporated into the design documents as needed. Assumptions: • All permit application fees will be paid by DB directly. Deliverables: • Meeting Agendas and Meeting Summaries • Copies or permit applications and corresponding exhibits • Responses to RAIs • Copies of approved permits • Permit Log The following is a list of anticipated permits: • Indian River County o Land Clearing Permit o Tree Removal Permit o Right -of -Way Use Permit o Site Work Permit • Indian River Farms Water Control District o Utility Construction Permit Form • Florida Department of Environmental Protection (FDEP) Page 17 of 23 678 o Environmental Resource Permit (pump station sites) o Drinking Water General Permit — Water Main Extension o Domestic Wastewater Individual Permit — Collection/Transmission System • St. Johns River Water Management District o Environmental Resource Permit (right of way) — Verification of exemption • US Army Corp of Engineers (USACE) o Section 404 Dredge and Fill Permit — Verification of exemption • US Fish and Wildlife Service (USFWS) (If necessary) TASK 7 — COMMUNITY OUTREACH SERVICES The DB and Public Outreach Subconsultant (Valerin) will work with IRCDUS and other County staff to provide proactive public engagement and community outreach during the design, which is anticipated to last approximately 12 months. These tasks will include the following: 7.1 Public Engagement I Public Outreach Plan Public Outreach Subconsultant will develop a Community Outreach Plan (COP) tailored to the specifics of the project that will serve as the communications blueprint for public engagement and information -sharing activities during design. The COP is a dynamic document that typically includes: • Public Outreach Goals/Objectives • Brand Consistent Messaging • Public Outreach and Education Strategies, Activities, and Tools • Key Stakeholders • Schedule/Implementation Information Deliverables: • Public Engagement and Outreach Plan • Public Outreach Exhibits 7.2 Stakeholder Data Management Public Outreach Subconsultant will identify impacted property owners, residents, and tenants located within the Ixora Park area for the development of a stakeholder database to be approved by the IRCDUS. In addition, the database will include city and county government officials, local law enforcement, emergency management services, fire and rescue, schools, hospitals, homeowners associations, local chambers of commerce, transit authority (if applicable), media and other interested parties. All correspondence will be tracked and documented in the stakeholder database. Deliverables: • Mailing Area/Stakeholder Map 7.3 Project Phone and Email Contacts Page 18 of 23 679 Public Outreach Subconsultant will setup, monitor, respond to, and document communications received via the project phone number and email address. Project -related communications will be documented in the stakeholder database. 7.4 Project Collateral Public Outreach Subconsultant will develop the following collateral for the design phase of the project. All collateral will be in "plain language" and will be ADA compliant. o Fact Sheet with QR Code (including contact information) o Frequently Asked Questions (FAQs) All deliverables will be provided to the County for review and approval prior to distribution. 7.5 Website Public Outreach Subconsultant will prepare and provide project content to the County for posting to the County's project website and social media platforms. 7.6 Design Public Information Meeting During the Design Phase, the Public Outreach Subconsultant will support, plan, coordinate, and attend one in-person Public Information Meeting. Tasks will include identifying and securing an ADA -compliant venue, conducting an on-site visit, and developing a meeting room/format layout. The Public Outreach Subconsultant will also check available local agency and county government calendars for potential date conflicts; prepare and distribute the meeting notifications; and assist with the preparation of meeting collateral such as handouts/fact sheets, Frequently Asked Questions (FAQs), press release, PowerPoint presentation, comment cards/forms, sign -in sheets, Welcome and Title VI boards. Meeting notifications will be provided in advance via direct mail, email, social media, or a combination of these methods. The Public Outreach Subconsultant will provide sufficient staff to assist with meeting logistics including meeting set up and tear down and participant registration/ sign assistance. A meeting summary will be prepared to document attendees, prepared/presented information, and general comments/feedback from participants. TASK 8 — GUARANTEED MAXIMUM PRICE (GMP) DEVELOPMENT 8.1 GMP Development DB will prepare iterative cost models during design phase services (30% ROM, 60% Draft GMP) which will serve as the basis for the 90% GMP(s) development and submission. Depending on the construction phasing plan (TASK 3.5) multiple GMPs may be utilized during the construction services — Phase 2. DB will prepare and submit a draft GMP(s) Proposal at the conclusion of the 90% design, which will be reviewed with IRCDUS. DB will develop and provide GMP(s) Proposal Page 19 of 23 680 Notebook(s). After review and negotiations of the draft GMP(s) Proposal the DB will be responsible for resolving all assumptions and clarifications prior to submitting the final GMP(s). DB will assemble the package(s) - Proposal Notebook(s), including providing an estimate of quantities, input on schedules and review of the GMP(s) proposal. DB will submit a detailed construction schedule for all work related to the completion of the Project. The schedule shall be consistent with any previously issued schedules approved by IRCDUS and shall not exceed time limits established within this solicitation, unless otherwise approved by the IRCDUS. DB will work with IRCDUS to identify scope items for the development of Early Works Packages, such as site clearing/grubbing, access, utility relocation or shoring, equipment and materials procurement, etc. Upon mutual agreement of the scope of the early works packages, the authorization for the DB to perform any approved early works will be at the sole discretion of IRCDUS. Deliverables: • GMP(s) Proposal Notebook(s) • Construction Schedule PROTECT REPRESENTATIVES Indian River County: • IRCDUS Project Manager Project Engineer (Utilities) Project Engineer (Public Works) Public Information Officer Design -Builder: • Ric -Man Construction, Inc. Project Manager • Wade Trim, inc. Howard Richards hrichards@indianriver.gov Harrison Youngblood hyoungblood@indianriver.gov Danny Ooley DOoley@indianriver.gov Jay Shatara jshatara@indianriver.gov Christopher Mancini christoaherm(U-)ric-manfl.com Page 20 of 23 681 Project Manager Design Manager • Tim Rose Contracting, Inc. Project Manager David Mullen, PE dmullen(cDwadetrim.com Christopher A. Little, PE clittle(cD-wadetrim.com Zach Rose, CUC zach(c-timothyrosecontracting.com • KSM Engineering and Testing (Subconsultant) — Geotechnical / Eng Services • Masteller, Moler & Taylor, Inc (Subconsultant) — Survey/Mapping • Valerin (Subconsultant) — Community Outreach / Public Involvement • Hamden Environmental(Subconsultant) — Environmental Investigations Page 21 of 23 682 SCHEDULE DB anticipates the completion of all activities included in Phase One proposed tasks within 12 months from Notice to Proceed. The itemized schedule of deliverables for each task will be coordinated by the DB. It is anticipated that IRCDUS will furnish review comments to the DB within ten working days after each submittal. Submittals will be made in accordance with the below Project schedule. PROTECT SCHEDULE Milestone Date Due from NTP Calendar Days) Task 1: Project Management and Coordination 362 days Task 2: Preliminary Investigations/Existing Document Review 68 days Task 3: Preliminary Design Services 138 days Task 4: External Funding Evaluation and Acquisition Assistance 74 days Task 5: Detailed Design Services 348 days Task 6: Permitting 310 days Task 7: Community Outreach Services 348 days Task 8: GMP Development 362 days FINAL SUBMITTAL 362 days The milestones shown in the above schedule are contingent upon receipt of the data requested from the County. If the Design Consultant does not receive review comments within the ten (10) working day review period, the Design Consultant will continue to progress the work. Receipt of late comments may result in revisions to the design schedule and design milestones. Page 22 of 23 683 COMPENSATION The DB will provide the base services described herein for Tasks 1 through 8 for the lump sum fee of $1,698,399. The table below summarizes the estimated fee associated with each task. Task Fee Task 1: Project Management and Coordination $137,325.00 Task 2: Preliminary Investigations/Existing Document Review $160,839.00 Task 3: Preliminary Design Services $237,163.00 Task 4: External Funding Evaluation and Acquisition Assistance $45,750.00 Task 5: Detailed Design Services $778,084.00 Task 6: Permitting $54,476.00 Task 7: Community Outreach Services $52,312.00 Task 8: GMP Development $232,450.00 Subtotal $1,698,399.00 Permit Allowance $10,000.00 General allowance $50,000.00 Total $1,758,399.00 Additionally, an allowance of $10,000 is included to cover permit application fees and a $50,000 allowance is included for general items. These allowances will only be utilized if approved and authorized by IRCDUS. The DB shall invoice the County the fee allocated for each task or subtask upon the completion of each milestone as determined by the completion of the specified deliverables. At the Direction of the County, the DB may be requested to provide additional services. These additional services will be detailed in a Work Change Directive and the fees will be negotiated with the County. Work for additional services will be priced the same as this Phase One proposed tasks. DB will submit a detailed tasks description and a fee schedule with staff and hours expected to complete. Work for additional services will not commence until authorization is provided by the County. A detailed breakdown of the compensation for the scope of services is provided in the following sheets. Page 23 of 23 684 liq Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * ` * indianriver.gov MEMORANDUM File ID: 25-1008 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Procurement Manager DATE: October 8, 2025 SUBJECT: Second Amendment and First Extension to the HireQuest Direct Agreement for Annual Day Labor Services BACKGROUND On December 12, 2023, the Board of County Commissioners awarded Bid 2024022 for temporary, as needed day laborer services to HireQuest Direct. Workers are used on an as -needed basis as flaggers, to perform mowing, and to perform other outdoor general labor activities. The contract may also be utilized by the Department of Utilities Services and the Parks Maintenance, Facilities Management and Traffic Engineering Divisions. ANALYSIS Due to the 7.7% increase to Florida's minimum wage from $13 to $14, effective September 30, 2025, HireQuest Direct has requested increases to their bid prices as shown on the table below. Staff agrees the requested changes are appropriate, and remains very satisfied with HireQuest's performance. BUDGETARY IMPACT Funding for services performed under this agreement may come from various sources depending on the Department utilizing the agreement. Most commonly the funding will be utilized from the Transportation Fund/Roads and Bridges/Contracted Labor Services (Account Number 11121441-033470). Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow t& LegistarT General Labor Hourly Rate Flagger Labor Hourly Rate Original Bid Pricing $16.90 $17.60 First Amendment Price $18.15 $18.85 Requested Price $19.38 $20.08 Current Requested Increase 6.8% 6.5% BUDGETARY IMPACT Funding for services performed under this agreement may come from various sources depending on the Department utilizing the agreement. Most commonly the funding will be utilized from the Transportation Fund/Roads and Bridges/Contracted Labor Services (Account Number 11121441-033470). Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 pow t& LegistarT PREVIOUS BOARD ACTIONS Award of Bid 2024022 First Amendment POTENTIAL FUTURE BOARD ACTIONS None STRATEGIC PLAN ALIGNMENT Infrastructure, Public Safety OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends the Board approve the second amendment and first extension to the agreement with HireQuest Direct and authorize the Chairman to sign it after the County Attorney's approval as to form and legal sufficiency. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow at Legistar' SECOND AMENDMENT AND AMENDMENT TO FIRST EXTENSION TO AGREEMENT FOR ANNUAL DAY LABOR SERVICES This Second Amendment and Amendment to First Extension to that certain Agreement to provide Annual Day Labor Services is entered into by and between Indian River County, a political subdivision of the State of Florida ("County") and HireQuest Direct ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Day Labor Services effective January 1, 2024 (hereinafter "Original Agreement"); and WHEREAS, the first amendment was executed September 24, 2024, modifying contract pricing; and WHEREAS, the first extension was effective January 1, 2025, and shall end on December 31, 2025; and WHEREAS, pursuant to the Original Agreement, the parties desire to amend Exhibit 1 to the Original Agreement — Pricing, as referenced in Article 4 — Contract Price; and and WHEREAS, the parties desire to add additional requirements for acceptable workers; WHEREAS, the parties wish to execute an Amendment to First Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Amendment and Amendment to First Extension. 2. Exhibit 1 Pricing is amended to reflect General Labor Hourly Rate at $19.38 and FDOT-MOT Certified Flagger Labor Hourly Rate at $20.08, effective October 21, 2025. 3. The Technical Specifications provided in Invitation to Bid 2024022 are amended to add: "Contractor shall complete a Level 1 background check on all workers to be supplied to Indian River County. Charge, guilty plea or conviction for violence, kidnapping, or sexual offense within the past five years will deem the worker unacceptable. No worker designated as a sexual offender will be acceptable." 4. The Amendment to First Extension is executed, effective January 1, 2026, through December 31, 2026. One additional extension remains available under the Original Agreement. 687 5. All other terms and provisions of the Original Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment and Amendment to First Extension to be executed effective the dates and years noted above. HireQuest Direct By: Printed name: Title: Seal Attest: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Joseph E. Flescher, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Susan J. Prado, Deputy County Attorney 688 Indian River County, Florida * * MEMORANDUM File ID: 25-1020 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director, Department of Utility Services Howard G. Richards, PE, Manager - Capital Projects FROM: Paola Talavera, Associate Engineer, Utility Services DATE: October 14, 2025 Indian River Coun Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 SUBJECT: Kimley-Horn and Associates, Inc. Work Order 22 for Facilities Electrical Improvements and Standby Power - IRCDUS Project ID 00.25.522 BACKGROUND This item was removed from the October 7, 2025 agenda. Due to an increase in approval thresholds, effective October 1, 2025, Board approval is no longer required, however, staff wishes to address questions raised during review of the previous staff report. Indian River County Department of Utilities Services (IRCDUS) owns and operates consolidated water production and distribution, wastewater collection and reclamation, and beneficial use reclaim water systems, that serve customers within the respective service boundaries. Each of these systems have major supporting facilities and infrastructure that are crucial for the daily operations of the utilities. Furthermore, the facilities rely on utility electrical power including IRCDUS-owned electrical equipment to ensure operational reliability. IRCDUS has noted components of their electrical and emergency standby power infrastructure that require improvements to maintain reliability and resiliency. ANALYSIS IRCDUS has noted deficiencies with the existing grounding and lightning protection at their major facilities. Thunderstorms are inherent to Southeast Florida and pose a threat to electrical infrastructure that is not adequately protected from lightning. As such, IRCDUS desires to quantify the deficiencies and remediation plan to enhance facility grounding infrastructure which will be outlined in a report that IRCDUS can subsequently utilize for the design, permitting and construction of necessary work. IRCDUS also desires to improve upon the standby emergency power conditions for each of their existing Upper Floridan Aquifer (UFA) well sites that serve the Hobart and Oslo Water Production Facilities ()NPFs). Currently wells, S -1R, S-2 and S-3 receive standby emergency backup power from the Oslo WPF and well S - 4R has an emergency standby generator onsite. The remaining wells, S-5, S-6 and S-7 have plugs for portable generator hook-up. The Hobart WPF shares emergency standby power with seven (7) of the nine (9) total wells, Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 powsO LegistarT" with N-7 and N-9 powered from a remote FPL service with a plug for portable generator. IRCDUS desires to investigate alternatives to improve the reliability of emergency power setup for both north and south UFA wellfields to enhance their resiliency against outages. Lastly, in 2022 IRCDUS completed an electrical evaluation for the Hobart well sites, which outlined the deficiencies and areas for improvement. IRCDUS desires to refresh this evaluation and incorporate civil, process mechanical and instrumentation improvements to provide a holistic current state diagnosis of the Hobart wellfield, similar to what is currently being performed for the Oslo WPF under Oslo WTP Capital Upgrades & Renewals project, Project ID 12.25.505. IRCDUS desires to consolidate this evaluation into a comprehensive wellfield improvements document that can be utilized to prioritize and administer capital and O&M (operations and maintenance) projects for the wellfields. Upon request by IRCDUS staff, Kimley-Horn and Associates, Inc. (KHA) provided the attached scope of services to perform professional services for the Facilities Electrical Improvements & Standby Power Investigation (Project ID 00.25.522) for $129,734.68. Procurement has confirmed that the services listed for subconsultant C&W Engineering are appropriate under the Consultants' Competitive Negotiations Act (CCNA) agreement in response to RFQ 2023015. C&W has provided electrical subconsulting design services as part of the Kimley-Horn team for many other work orders under this, and previous agreements. C&W was listed as the Electrical Engineering Subconsultant, as part of the overall Kimley-Horn project team, in their statement of qualifications, submitted in response to the RFQ. BUDGETARY IMPACT Funds, in the amount of $129,734.68, for this project are derived from the Utilities/Gen & Eng/Other Prof/Facilities Electrical Improvements & Standby Power account, number 47123536-033190-25522, in the Utilities operating fund. The Utilities operating fund budget is derived from water and sewer revenues. POTENTIAL FUTURE BOARD ACTIONS Upon completion of KHA services under WO 22, a new work order is proposed to be issued to KHA, or other appropriate consultant, for design and construction phase services based on the wellfield's evaluation. STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. STAFF RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners approve Work Order 22 to Kimley-Horn and Associates, Inc. to provide professional services for the Facilities Electrical Improvements and Standby Emergency Power project, Project ID 00.25.522, in the amount of $129,734.68, and authorize the County Administrator to execute it, under his authority. So long as there are no changes in the dollar amount under the amount approved, upon adequate completion of the work set forth in the work order, staff is directed to make final payments to Kimley-Horn and Associates, Inc. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 pow 06 Legistar' ENGINEERING SERVICES WORK ORDER 22 This Work Order Number 22 is entered into as of this —day of , 2025 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 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: By: r , Name` ason Lee Title: Vice President For work under $200,000 only October 2025 11"I ► STA By: I I Department Director By: Procurement Manager By: County Administrator ($100,000 - $200,000) G L# 471-235-536-033190-25522 691 Exhibit A — Scope of Work Indian River County Department of Utility Services Facilities Electrical Improvements & Standby Power, Project ID 00.25.522 September 9, 2025 PROJECT UNDERSTANDING Indian River County Department of Utilities Services (IRCDUS) owns and operates consolidated water system, wastewater collection and treatment systems, and beneficial use reclaim water system that serves customers within their service boundary. Each of these systems have major supporting infrastructure that are crucial for the daily operations of the utility. Furthermore, each of these facilities rely on utility electrical power and IRCDUS-owned electrical equipment to ensure operational reliability. IRCDUS has noted components of their electrical and emergency standby power infrastructure that require improvements to maintain reliability and resiliency. Firstly, IRCDUS has noted deficiencies with the existing grounding and lightning protection at their major facilities. Thunderstorms are inherent to Southeast Florida and pose a threat to electrical infrastructure that is not adequately protected from lightning. As such, IRCDUS desires to quantify the deficiencies and restoration plan to enhance facility grounding infrastructure which will be outlined in a report that IRCDUS can subsequently utilize for the design, permitting and construction of necessary work. IRCDUS also desires to improve upon the standby emergency power conditions for each of their existing Upper Floridan Aquifer (UFA) well sites that serve the Hobart and Oslo WTPs. It is known that wells S- UR, S-2 and S-3 receive standby emergency backup power from the WTP and Well S -4R has an emergency standby generator on-site. The remaining wells, S-5, S-6 and S-7 have plugs for portable generator hook-up. The Hobart WTP provides emergency standby power to seven (7) of the nine (9) total wells, with N-7 and N-9 powered from a remote FPL service with a plug for portable generator. IRCDUS desires to investigate alternatives to improve the emergency power setup for their UFA wellfield to enhance their resiliency. Lastly, in 2022 IRCDUS completed an electrical evaluation for each of the Hobart well sites which outlined the deficiencies and areas for improvement. IRCDUS desires to refresh this evaluation and incorporate civil, process mechanical and instrumentation improvements to provide a holistic diagnosis of the Hobart wellfield, similar to what is currently being performed for the Oslo WTP under separate work order. IRCDUS desires to consolidate this evaluation into a comprehensive wellfield improvements document that can be utilized to prioritize and administer projects for the entire wellfield. The following scope of services is provided for the Facilities Electrical Improvements and Standby Emergency Power Investigation. For this scope of work, Consultant will utilize the services of C&W Engineering, Inc. for electrical engineering professional services. SCOPE OF SERVICES Task 1— Preliminary Engineering Due Diligence Consultant will perform one site visit to utility facilities. Consultant assumes up to four (4) full days of site visits will be necessary. The sites include the following: • Hobart WTP and supporting wellfield • Oslo Road WTP and supporting wellfield • Kings Highway Elevated Storage • North Beach Storage and Repump Facility K:\WPB_Civil\General\Black\Florida\IRCU\Water Facility Electrical Enhancements\20250904 - Water Facility Electrical Improvement Scope.doc Page 1 692 • Roseland Elevated Storage and Repump Facility • Gifford Wastewater Treatment Facility • South Wastewater Treatment Facility • West Wastewater Treatment Facility • Residuals Dewatering Facility (Landfill) • 77' Avenue Repump Station • 771 Avenue Reclaim Water Pump Station Consultant will document the findings from the site investigations. Task 2 - Facility Lightning Protection & Grounding Evaluation Consultant will utilize the information collected during the site visits to prepare a test plan document that outlines testing needed to determine condition of lightning protection that cannot be known through visual observations. Consultant will furnish test plan to Owner. Consultant will coordinate with electrical contractors to obtain pricing to perform the grounding testing. Consultant will provide proposals received to IRCDUS for procurement. Consultant's proposal does not include electrical testing. Consultant will accompany IRCDUS-selected contractor in the field to review and collect data from the testing and investigation. Consultant assumes up to five (5) days of field testing will be necessary. Consultant will collect the data from field testing and photographs of existing equipment and combined with the findings of testing, prepare a technical memorandum that outlines the necessary lightning protection measures to be implemented at each of the eleven (11) facilities. Consultant will submit tech memo as a draft to Owner for review and comment. Consultant will implement changes to document based on Owner feedback and submit document as final. Task 3 — Wellfield Emergency Standby Power Alternatives Analysis Consultant will prepare an alternatives analysis to provide backup power to all the well sites for Oslo WTP. The alternatives will consist of the following: 1. Centralized Emergency Generator at South County Park to serve S-5, S-6, and S-7 2. Standalone generator at S-5, S-6 and S-7 well sites 3. Additional Generator at Oslo WTP and conduit and conductors from the WTP to each well site a. This alternative will include option to remove standalone generator at S -4R Consultant will prepare an alternatives analysis to provide backup power to all the well sites for Hobart WTP. The alternatives will consist of the following: 1. Centralized Generator for wells N-7 and N-9 and future well sites 2. Standalone generators at N-7 and N-9 well sites 3. Power service from WTP to backup the separate FPL service Consultant will quantify the limitations of the existing WTP emergency generators to provide the necessary backup power for Oslo and Hobart Options #3. Where necessary, improvements to enhance WTP backup power will be presented. Consultant will prepare preliminary sketches that display the necessary infrastructure improvements to facilitate each alternative. Sketches will depict conduit sizing and alignment, building/room floor plans, and one -line diagrams. Consultant will prepare an Opinion of Probable Construction Cost (OPCC) associated with the necessary improvements. OPCCs will be Class 5 as defined by the Association for the Advancement of Cost Engineering (AACE). Consultant will prepare an overview of the proposed alternative with associated advantages and disadvantages for IRCDUS consideration. K:\WPB_Civil\General\Black\Florida\IKCU\Water Facility Electrical Enhancements\20250904 - Water Facility Electrical Improvement Scope.doc Page 2 693 Consultant will submit alternatives analysis technical memorandum as draft to IRCDUS. Based on the alternatives analysis, feedback from staff, an option will be selected for each WTP for future implementation. This recommendation will be included in the final technical memorandum submittal. Task 4 —Water Plant Wellfield Condition Assessment Consultant will review site conditions for each of the nine (9) wells in at Hobart. Consultant will prepare a list of recommended improvements based on site observations. Consultant will update Hobart Wellfield Evaluation Report previously prepared by others. Consultant will update report based on other disciplinary observations (civil, mechanical/process, instrumentation) needing improvements or enhancement. Consultant will create a matrix to prioritize the improvements. The matrix will be in a tabulated format and be utilized to calculate and assign a priority level to each individual item. Prioritization will be based on the primary objectives that include, but are not limited to improvements for regulatory compliance, reliability, efficiency and resilience. The matrix will include the following criteria: • Criticality to treatment/water quality • Criticality to high service pumping • Impacts to treatment • Impacts to operation • Impacts to maintenance • Intangibles • Capital Costs Consultant will compile the recommended wellfield improvements with the Oslo wellfield improvements outlined in Work Order #17 Oslo WTP Capital Upgrades and Renewals. All capital OPCCs will be Class 5 as defined by the Association for the Advancement of Cost Engineering (AACE). Consultant will provide Water Plant Wellfield Condition Assessment Technical Memorandum as draft to IRCDUS. Consultant will implement IRCDUS review comments and finalize submittal. Task 5 — Project Management and Meetings Consultant will provide coordination for the duration of the project design, including plan review and design review meeting attendance, design progress meetings, and status meetings during the progress of the project. It is anticipated that approximately four (4) meetings will be held and attended by Consultant. Consultant will prepare minutes from each meeting and distribute to the project team. The following meetings are anticipated: • Pre -work meeting • Task 2 — Utility Facility Lightning Protection Evaluation Draft Review Meeting • Task 3 — UFA Wellfield Standby Emergency Power Alternatives Analysis Review Meeting • Task 4 — UFA Wellfield Condition Assessment and Evaluation Review Meeting Consultant will also provide project management for the project, consisting of coordination, planning and scheduling of project tasks and deliverables, meeting attendance, coordination of staffing on project, coordination with subconsultants, administrative work including filing of all documentation, meeting minutes, letters, etc. The Consultant will provide a status report with each invoice for each period covered by the invoice. The report will provide accomplishments for each task in the SOW and status of the schedule including plan versus actual. A forecast to complete date will be provided. It is estimated that approximately twenty (25) hours of administration time and fifteen (20) hours of professional time will be required for this task. K:\WPB_Civil\General\Black\Florida\IRCU\Water Facility Electrical Enhancements\20250904 - Water Facility Electrical Improvement Scope.doc Page 3 694 The Consultant will establish a cloud -based platform for the project team members, both Consultant and designated IRCDUS staff. The portal will be utilized throughout the project to store, share, and manage project artifacts efficiently and securely. DELIVERABLES The following deliverables will be prepared as part of this scope of work: 1. Task 2 — Electrical Grounding Test Plan 2. Task 2 — Utility Facility Lightning Protection Improvements — Draft Technical Memorandum 3. Task 2 — Utility Facility Lightning Protection Improvements — Final Technical Memorandum 4. Task 3 — UFA Wellfield Standby Emergency Power Alternatives Analysis — Draft Technical Memorandum 5. Task 3 - UFA Wellfield Standby Emergency Power Alternatives Analysis —Final Technical Memorandum 6. Task 4 — UFA Wellfield Condition Assessment and Evaluation — Draft Technical Memorandum 7. Task 4 — UFA Wellfield Condition Assessment and Evaluation — Final Technical Memorandum 8. Task 5 — Meeting Minutes FEE SCHEDULE We will provide these services in accordance with the Continuing Contract Agreement for Consulting Engineering Services #2023015 dated May 2°d, 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task No. Description Fee 1 Prepare Engineering Due Diligence $ 25 604.42 2 Facilities Lightning/Ground and Testing $ 39,769.40 3 Wellfield Emergency Standby Power Alternatives Analysis $ 18,150.36 4 Water Plant Wellfield Condition Assessment $ 18,736.12 5 Meeting and Coordination 1 $ 27,474.38 TOTAL ADDITIONAL SERVICES $ 129,734.68 The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: 0 Design, Permitting, Bid and Construction phase services K:\WPB_Civil\General\Black\Florida\IRCU\Water Facility Electrical Enhancements\20250904 - Water Facility Electrical Improvement Scope.&c Page 4 695 p: \: §i / �� »� {� \: ¥: f� L� ¥� f\ y: \} �� \� (� �� k\ k} @} . < � . � � . . . � . . � . ■ �:z� . 2 § ,: . .. .� . ...� � . . ... »<�.» .,� .� .. �\ �\�� \ � \\:�� .■ �».. . .:: . -\: �\ \:��,� � ....: .-.. . ■ \� \ ,\. .\ .\�..\ .\. .\ , � � . . > . .< >. .. »\<.\. .. ... . . . » . . . ..<\\\�\ � �.. .. .< ... .. . �: �\ . . � . . � . ■ �:z� . 2 § ,: . .. .� . ...� � . . ... »<�.» .,� .� .. �\ �\�� \ � \\:�� .■ �».. . .:: . -\: �\ \:��,� � ....: .-.. . ■ \� \ ,\. .\ .\�..\ .\. .\ , ,y , . . � . - �. . i5 . . »y . \.. y 2\. > .....: � � /� � � . � � . :. . . .. . . .. � }\ � . . < \: � ±: . : � a , i{ � .. .. qe : : �} ; . , l£ � . .� . . .. � � . . . :: . . . .� } :. �� � ��§ . \� ){ � � �� .. . � «, !!||| |! |F �|!|| � } � l�!||||! || ||!|| i) ..\.....�..|.. .,... | | �� � �\ \�,�����|��!|l��� ;� ! .,y!|.!!| „ |.�|l�,,, �Tf C - FEB DETARS PROMM MMUS - FacOities Electncal bMtovements & Standby Power I ISHEE7 1 OF 1 CLIENT: Indian River County Department ofUtAity Seryices . FB.E NO, ESTIMATOR NB DATE' 9/ DS4CRIPTION: DIRECT 7-,:J* LABM MAMMMS >Rf�11S-FaclitieaEbcnicallnpIDv�_&StmdbyPower ^ � ^� IIld6 SEN Rw RINC PROF PROF XP DFS/ Ci% EEXP :4A6 P2 Pl SUB SUB -� TOTAL NO TASK 1 Prepare Engineering Due DiB ence Site Vis its x4 days) 12 32 00 $7,322.00 C&W 1 $18,000.001 JUA2 $18,282.42 2 Faeilities Lightning/Ground and Testing Grounding Test Plan Preparation 2 4 .48 $1,443.48 Attend Testing w/ Contractor 36 days) 2 20 40 $475.64 $10,815.64 Dmft Gmundine TechnicalMetmrandum 3 61 8 $146.74 $3,336.74 Final GroundingTechnical Memorandum 2 4 6 5102.12 $2,322.12 C&W 1 $20,000.00 $12.42 $20,282.42 QA/QC5 $69.00 S1,569.00 3 WeMeIdEwe r1genc Standby Po%v r Afte mative s Ansilysis Alternative Analysis 2 6 10 $147.20 S3,347.20 Draft Technical Memorandum 2 6 8 $134.32 $3054.32 FirW Technical Memorandum 2 4 8 $115.00 $2,615.00 c&W z 1 $7,000.00 $24.84 $7564.94 QA/QC5 $69.00 $1,569.00 4 Water Plant WeNeId Condition Assessment Prioritization Matter 2 6 12 $160.08 $3,640.08 Draft Technical Memorandum 2 6 12 $160.08 $3,640.08 Final Technical Memorandum 2 4 6 $10212 $2,322.12 C&W 2 $7,000.00 $24.84 $7,564.84 QA/QC5 $69.00 $1,569.00 5 IMeedue and Coordination KickoffMeeting and Minutes 3 4 5 $108.10 $2458.10 Task 2- Draft Review Meeting 3 4 5 $108.10 $2458.10 Task 3 - Draft Review Meeting 3 41 5 $108.10 458.10 Task 4- Draft Review Meeting 31 4 5 $108.101 $2,458.10 QoudPortal for Project Deliverables 2 8 $76.36 $1736.36 PmjectMana ement 20 25 $409.40 $9,309 C&W 1 S6,000.00 $12.42 $6,282.42 A/OC 1 S13.80 $313.80 TOTAL HOURS 161 621 941 01 195 0 $58000.00 $3,154.68$129,734.68 LABOR (S/HOUR)300.00 270.00 210.00 160.00 140.00 25.00 $0.001 $0.00 SUBTOTAL 4,800.001 16,740.00 19,740.00 0.001 27,300.001 0.001 $58,000,001 $126,580.00 $0.00 K:\WPB_Civil\General\Black\Flotida\IItCU\Water Facility Electrical Enhancements\20250904 - Water Facility Electrical Improvement Scope.doe Page 5 697 C & W engineering Inc. Consulting Engineers — Electrical • HVAC • Plumbing 6903 Vista Parkway North, #10 West Palm Beach, FL 33411 (561) 642-5333 July 29, 2025 Nick Black, P.E. Kimley-Horn & Associates, Inc. 1920 Wekiva Way West Palm Beach, FL 33411 Subject: IRC Water & Waste Water Facilities Electrical Improvement & Standby Power Grounding and Lightning Protection, Update the Oslo & Hobard WTP Well field Emergency Power, Assessment of ten treatment facilities, Electrical Engineering Services Proposal C&W Ref. 256618 Dear Nick: I am pleased to submit this proposal for a comprehensive electrical engineering resiliency assessment of the Indian River County Department of Utility Services (IRCDUS). The scope includes Water and Wastewater Treatment Facilities, Repump Stations, Elevated Water Storage Structures, Wellfields, and Reclaimed Water Pump Stations. Our evaluation will focus on the following: • Grounding, lightning protection, and standby emergency power systems at various wells within the Oslo wellfield • An update to the 2022 assessment of the Hobart WTP wells • A new evaluation of the Oslo wellfield wells currently not supported by emergency power • A general assessment of existing conditions at each site • There will be three draft reports produced based on the grounding and surge protection of the equipment at the various facilities; the well emergency power study for Oslo, and the Hobart Well study; these reports will include equipment matrix of recommendations Our objective is to conduct thorough documentation of each facility and gather relevant 698 C&W Ref. 256618 information aligned with the tasks outlined in this proposal. We anticipate that IRCDUS staff will provide plans of the existing facilities, which will serve as the foundational reference for our investigation. The facilities selected for visitation and evaluation as part of this assessment study include: • Hobart WTP and supporting wellfield • Oslo Road WTP and supporting wellfield • Kings Highway Elevated Storage • North Beach Storage and Repump Facility • Roseland Elevated Storage and Repump Facility • Gifford Wastewater Treatment Facility • South Wastewater Treatment Facility • West Wastewater Treatment Facility • Residuals Dewatering Facility (Landfill) • 77th Avenue Repump Station • 77th Avenue Reclaim Water Pump Station Task 1: Preliminary Engineering Due Diligence: We will conduct a single site visit to each of the eleven (11) facilities as part of this assessment. The field investigation is anticipated to span three days, during which we will document existing conditions and collect relevant site data. At both the Oslo and Hobart Water Treatment Facilities, we will include evaluations of their associated wellfieids. Special attention will be given to well sites that lack backup power from the plant's emergency generator. Additionally, we will update the 2022 emergency power evaluation previously performed for the Hobart remote wells. At the Oslo site, we will specifically assess wells S-5, S-6, and S-7 to support a proposed centralized emergency generator installation. We will prepare a draft report summarizing our findings and presenting recommended actions. As part of this report, we will include an updated evaluation of the emergency power systems for the remote well sites associated with the Hobart Water Treatment Facility, revisiting and refining the assessment originally conducted in 2022. Task 2: Facility Lightning Protection and Grounding Evaluation: We will observe and document the existing lightning protection and grounding systems across all designated facilities and structures, including the level of surge protection currently in place 699 C&W Ref. 256618 for power systems and SCADA/PLC equipment. Our findings, along with recommended improvements, will be detailed in the final report. The report will also incorporate photographs and data collected during grounding tests performed by a qualified electrical contractor. Our field investigation will focus on evaluating lightning and surge protection measures for electrical power systems, emergency power infrastructure, PLC field panels, and SCADA systems—including RTUs and radio antennas. To support this effort, we will coordinate with electrical contractors to obtain pricing for grounding tests. Formal proposals will be submitted to IRCDUS staff for procurement consideration. Upon contractor selection, we will participate in field testing activities to oversee and document the grounding evaluation process. We anticipate a three-day field schedule with the contractor to complete these assessments. Task 3: Wellfield Emergency Standy Facility Evaluation: We will perform an assessment to evaluate emergency power options for existing wells and develop an alternatives analysis to provide backup power coverage for all well sites associated with the Oslo Water Treatment Plant (WTP). The proposed alternatives will include: Installation of a centralized emergency generator at the Intergenerational Center to serve wells S-5, S-6, and S-7. 2. Standalone generators installed at wells S-5, S-6, and S-7. 3. An additional generator at the Oslo WTP with conduit and conductors routed from the WTP to each well site. As part of this option, consideration will be given to removing the existing standalone generator at well S -4R to reduce ongoing maintenance costs. A parallel alternatives analysis will be conducted to provide emergency backup power for the Hobart WTP well sites. This analysis will examine: 1. A centralized generator serving wells N-7, N-9, and future well sites. 2. Standalone generators installed at wells N-7 and N-9. 3. Extension of power service from the WTP to back up the separate FPL electrical service. We will quantify the limitations of the existing emergency generators at both Oslo and Hobart WTPs in supporting Option 3, and where needed, recommend system enhancements to improve resiliency. 700 C&W Ref. 256618 The final report will include preliminary design sketches illustrating infrastructure requirements for each alternative. These sketches will depict conduit routing and sizing, building and room layouts, and one-line electrical diagrams. Cost estimates will be developed for each solution, along with a comparative overview of advantages and disadvantages for IRCDUS's consideration. Task 4: Waterplant Wellfield Condition Assessment: We will conduct a site condition assessment for each of the nine (9) wells at the Hobart Water Treatment Plant (WTP). Based on field observations, we will prepare a list of recommended improvements and update the Hobart Wellfield Evaluation Report originally prepared by EDA. To support strategic planning, we will develop a prioritization matrix in tabulated format. This matrix will assign a priority level to each recommended item based on key objectives such as regulatory compliance, system reliability, operational efficiency, and overall resilience. The matrix will evaluate each item using the following criteria: • Criticality to treatment and water quality • Criticality to high-service pumping • Impact on treatment performance • Impact on operations • Impact on maintenance • Intangible benefits • Capital cost requirements An opinion of probable cost will be provided for all recommended improvements. Following completion of the draft report, we will submit it to IRCDUS staff and attend a review meeting. Based on feedback received, we will finalize the technical memorandum to reflect staff comments and input. Task 5: Meetings and Coordination: We will coordinate with IRCDUS staff and Kimley-Horn Engineers throughout the duration of the project. This coordination will encompass report development, design reviews, and technical discussions regarding proposed improvements. We anticipate participating in four (4) formal meetings to provide feedback and respond to staff comments. The scheduled coordination meetings include: • Pre-Work Meeting 701 C&W Ref. 256618 • Task 2 — Draft Review for Utility Facility Lightning Protection Evaluation • Task 3 — Review Meeting for UFA Wellfield Standby Emergency Power Alternatives Analysis Draft • Task 4 — Review Meeting for UFA Wellfield Condition Assessment and Evaluation Draft. As part of this coordination effort, we will also work with a selected electrical contractor to perform facility grounding tests. Our estimated engineering fees for services associated with these tasks are presented below. Engineering Fees: Field visits to 11 facilities evaluation for task 1,2,3,4: $10,000.00 lump sum Task 1: Prepare Due Diligence evaluation: $ 8,000.00 lump sum Task 2: Facilities Lightning/Grounding & Testing: $20,000.00 lump sum Task 3: Wellfield Emergency Power Analysis: $ 7,000.00 lump sum Task 4: Wellfield Emergency Power Analysis: $ 7,000.00 lump sum Task 5: Meetings and Coordination: $ 6,000.00 lump sum Total Fee: $58,000.00 lump sum I trust the above scope is in agreement with your needs and expectations. If you have questions or comments regarding the above, please feel free to call. Very truly yours, C & W Engineering Inc. Michael Guida, P.E. JLR/nl File 702 9s Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 indianriver.gov �4t11 MEMORANDUM File ID: 25-1022 Type: Informational Report Meeting Date: 10/21/2025 TO: Board of County Commissioners FROM: John A. Titkanich,Jr. DATE: October 15, 2025 SUBJECT: Sebastian Community Redevelopment Agency Budget Resolution, FY2025/2026 BACKGROUND The Sebastian Community Redevelopment Agency(CRA)was created in 1995,pursuant to the Florida Community Redevelopment Act. The County contributes to the CRA Redevelopment Trust Fund and the agency uses those funds to undertake eligible redevelopment activities approved in the Community Redevelopment Plan. The CRA updated its Redevelopment Master Plan in June 2023. The attached Resolution provides the Annual Budget for the CRA. The total FY 2025/2026 budget is $1,277,068, of which the County's contribution is budgeted at$323,707 with the City contributing $314,399. The balance of the budget is largely$638,950 in Fund Balance Carry Forward, The CRA is required to submit an Annual Report of its redevelopment activities for FY 2024/2025, of which this is due by March 31st each year. This report will be provided to the BOCC once received. BUDGETARY IMPACT The County's contribution to the CRA Redevelopment Trust Fund is budgeted. STAFF RECOMMENDATION None Indian River County,Florida Page 1 of 1 Printed on 10/16/2025 powin y Legistar'' CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO.26-01 A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026; MAKING FINDINGS; AUTHORIZING BUDGET AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Sebastian has submitted a budget for the City of Sebastian Community Redevelopment Agency (CRA) for the Fiscal Year beginning October 1,2025 and ending September 30, 2026; and WHEREAS, the Budget includes estimated expenditures necessary to carry out the functions of the CRA for the Fiscal Year beginning October 1, 2025, and ending September 30, 2026; and WHEREAS,the Budget includes the estimated revenues to be received by the CRA during said period from all sources,including tax increment funding("'TIF"); and WHEREAS, the CRA has examined and carefully considered the proposed budget in a duly assembled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1. APPROVAL OF BUDGET FOR FY 2025/2026. The City of Sebastian Community Redevelopment Agency does hereby adopt, confirm and approve the budget attached hereto as Exhibit "A" as the budget for the CRA for the Fiscal Year beginning October 1, 2025 and ending September 30,2026. SECTION 2. FINDINGS. The governing board of the CRA does hereby find that: (a) The budget adopted has been prepared in accordance with generally accepted accounting principles; and (b) The estimated revenues to be received by the CRA during the Fiscal Year beginning October 1,2025, and ending September 30, 2026 from all sources, including tax increment funds, equals the total of appropriations for expenditures and for reserves during said period; and (c) The budget will regulate expenditures of the CRA and no expenditures or contracts for expenditures shall be made except in pursuance of budgeted appropriations; (d) The budget is adopted in accordance with Section 189.418,Florida Statutes. SECTION 3: AUTHORIZATION FOR BUDGET AMENDMENTS. In order to effect an orderly year-end closeout of all financial books and records for the CRA, the City of Sebastian City Manager is hereby authorized and directed to increase the corresponding line item appropriations in the budget to the extent of those purchase orders which shall have been issued prior to September 30, 2025,but shall not have been filled prior to that date, and is authorized and directed to pay all such purchase orders upon receipt of the goods or services therein specified from the funds so appropriated. The City of Sebastian City Manager is hereby further authorized and directed to increase the budget appropriations to the extent of any unexpended balances from state, federal or other grants as of the end of business on September 30, 2025, and to the extent of any unexpended balances,whether or not encumbered,outstanding in projects or programs as of the end 704 of business on September 30,2025 and all such balances shall be appropriated to the corresponding accounts in the same funds in which they were outstanding as of September 30, 2025; and the City Manager shall be authorized to expend such appropriations for the purposes approved by the CRA in connection with such state, federal or other grants,and projects. The City Manager shall,prior to December 31,2025 report to the CRA all such purchase orders,grants and projects. Corresponding changes in the anticipated revenue accounts are hereby authorized. SECTION 4: AUTHORIZATION FOR BUDGETARY TRANSFERS. The City Manager is hereby authorized and directed to maintain and amend the budget so as to reflect the anticipated revenue and the appropriation of, and expenditure of, all grant funds and bond proceeds committed to, or received by the CRA subsequent to September 30, 2025,and prior to October 1, 2026, in accordance with the directions of the CRA as to the appropriation and expenditure of such grants and bond proceeds as and when received. The City Manager shall have the authority to transfer appropriations from one line item to another line item of the budget, so long as the total appropriations shall not be increased thereby. Transactions affecting total appropriations,other than those authorized herein in other sections shall require the prior approval of the CRA. Any such transactions are subject to any restrictive statutes or ordinances, including those authorizing the issuance of any outstanding bonds. SECTION 5: CONFLICTS: All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 6: SCRIVENER'S ERRORS: Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 7: EFFECTIVE DATE: This Resolution shall become effective October 1, 2025. The foregoing Resolution was moved for adoption by CRA Board member nom . The Motion was seconded by CRA Board member Nunn and,upon being put into a vote,the vote was as follows: Bob MePartlan,Chairman aye Fred Jones aye Ed Dodd aye Christopher Nunn aye The CRA Chairman thereupon declared this Resolution duly passed and adopted on this 24th day of September,2025. CITA OF SEBAS AN,.FLORIDA r ) r �. ! , . By: it L � ! .. Chairman Bob McPartlan ATTEST: Otillit/il�Li► — J nette Williams, City Clerk Appro ed = o form and legality 0y, 'er Cockcroft,City • ttorney 705 CITY OF SEBASTIAN, FLORIDA 2025/2026 ANNUAL BUDGET COMMUNITY REDEVELOPMENT AGENCY City of Sebastian Community Redevelopment Agency was created by City Ordinance in 1995,pursuant to Section 163.387, Florida Statutes.The purpose of the Community Redevelopment Agency is the removal of blighted areas and the development of such areas,pursuant to the Community Redevelopment Act of 1969. COMMUNITY REDEVELOPMENT AGENCY REVENUES Code: 140010 Amended Account FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 24/25 FY 25/26 Number Description Actual Actual Actual Budget Projected Budget TAXES 338200 Tax Increment Revenue-Sebastian 192,832 195,885 223,665 274,802 273,961 314,399 338200 Tax Increment Revenue-County 192,832 274,075 248,303 305,073 304,139 323,707 TOTAL TAXES 385,665 469,960 471,967 579,875 578,101 638,106 MISCELLANEOUS REVENUE 361100 Interest Income 4,562 12,521 18,044 15,000 15,250 0 361105 SBA Interest Earnings 1,251 6,468 8,318 7,000 7,500 0 362100 Rents and Royalties 36,704 35,701 23,739 12 12 12 TOTAL MISCELLANEOUS REVENUE 42,517 54,690 50,101 22,012 22,762 12 NON-REVENUE SOURCES 389991 Fund Balance Carried Forward 0 0 0 462,693 413,661 638,950 TOTAL NON-REVENUE SOURCES 0 0 0 462,693 413,661 638,950 ITOTAL RiVERFRONT REDEVELOPMENT 428,182 524,650 522,068 1,064,580 1.014,524 1,277,068 102 706 I CITY OF SEBASTIAN,FLORIDA 2025/2026 ANNUAL BUDGET I COMMUNITY REDEVELOPMENT AGENCY EXPENDITURES Code: 140051 Amidsil Account FY 21/22 FY 22/23 FY 23124 FY24125 ` FY 24/25 FY 25/26 Number Descriatioq Actual Mid As111d Budee4 Protected Budeet OPERATING EXPENDITURES j 533100 Professional Services 5,000 9,000 5,000 5,500 5,000 5,000 533120 Consultants 0 0 0 0 0 50,000 533200 Audit Fees 5,000 5,000 4,000 4,000 4,000 4,000 533201 Admin Svcs Provided by the GF 92,655 62,431 67,573 149,680 149,680 195,015 533400 Other Contractual Services 97,842 97,842 80,142 19,000 18,657 13,500 534000 Travel and Per Diem 0 511 1,188 1,200 1,200 3,000 534310 Electricity 0 0 294 0 900 945 534320 Water and Sewer o 644 0 0 5,100 534400 Rents and Leases 4,429 5,310 5,527 4,800 4,800 4,975 534698 Other CRA Maintenance Expenses 11,685 11,581 19,851 1,080 1,200 1,200 534699 Maim Expenses 19,044 5,375 3,545 3,150 2,300 2,300 534830 Special Events Expense 45,369 49,510 0 0 0 0 534920 Legal Ads 123 123 298 200 200 300 535310 Road Materials and Supplies 0 0 3,696 0 0 4,000 535410 Dues&Memberships 795 795 795 795 795 795 545450 Training and Education 395 395 1,479 1,500 1,000 1,000 535710 Non-Ad Valorem Taxes 1,583 1,827 1,895 2,085 2,047 2,255 TOTAL OPERATING EXPENDITURES 283,921 249,701 195,926 192,990 191,779 293,385 GRANTS AND AIDS 820100 Facade/Sign Improvement Program 8,049 0 33,544 25,000 5,000 25,000 820200 Sewer Connection Program 0 0 0 128,845 I00,000 100,000 TOTAL GRANTS AND AIDS 8,049 0 33,544 153,845 105,000 125,000 NON-OPERATING 909132 Interfund Trfr to CIP Fund 320 15,266 8,550 . 47,310 717,745 717,745 858,683 909363 Interfund Trfr to CIP Fund 363 34,306 5,000 0 0 0 0 909990 Unappropriated 86,640 261,399 245,289 0 0 0 TOTAL NON-OPERATING 136,212 274,949 292,599 717,745 717,745 MAC TOTAL RIVERFRONT REDEVELOPMENT 428,182 524,650 522,068 1,064,580 1,014,524 1,277,068 103 707 Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 K'_11174 indianriver.gov MEMORANDUM File ID: 25-1027 Type: Consent Staff Report Meeting Date: 10/21/2025 TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich,Jr., County Administrator FROM: Suzanne M. Boyll,Director of Human Resources DATE: October 14, 2025 SUBJECT: Revision to AM-301.1 Payroll/Salary Administration BACKGROUND Administrative Policy AM-301.1 Payroll/Salary Administration identifies information related to the County's payroll period and classification and pay plans. In addition,this policy sets forth provisions related to call-back pay, standby assignments,temporary assignment and crew leader pay for non-union employees. Staff is recommending revisions to the plan that: • Reflect current payroll processes and classification records • Align our pay plans to reflect class headings as updated during the compensation and classification study • Define long-term illness as more than 30 days • Establish special assignment incentive • Include the automobile allowance provision POTENTIAL FUTURE BOARD ACTIONS Revisions as may be warranted that require Board Approval STRATEGIC PLAN ALIGNMENT Governance STAFF RECOMMENDATION Staff respectfully requests the Board approve the revision to AM-301.1 Payroll/Salary Administration Indian River County,Florida Page 1 of 1 Printed on 10/16/2025 pow jay Legistarr" SECTION NUMBER EFFECTIVE DATE �VER�o ADMINISTRATIVE HUMAN 4 Y ' ,'<` CL POLICY RESOURCES AM-301.1 10/21/25 MANUAL SUBJECT PAGE FLnRtp�, PAYROLL/SALARY ADMINISTRATION 1 of 3 POLICY: It is the policy of the County to pay wages and salaries which are competitive with rates being paid for like jobs by other employers in the recruiting area. See the unit, JOB EVALUATION, AM-303.1. Measurement of the equity of wage ranges and the need for general pay increases will be conducted as needed and will include an analysis of area pay plans, cost of living ' trends, turnover, internal equity, and/or funds available. Probationary and pay progression increases for individual employees are based primarily upon satisfactory performance and not necessarily given on the basis of length of service alone. See the unit, PAY PROGRESSION SYSTEM, AM-304.1. Payrolls will be generated biweekly through the Human Resources Department. 1. The Human Resources Department has been appointed to review all wages and salaries on a continuing basis on behalf of the County Administrator and County Attorney. It is the responsibility of the Human Resources Department to recommend changes necessary to keep the system equitable and competitive. To the extent that wage increases are based upon performance, management employees are responsible for assuring that pay rates reflect that performance. 2. Policies regarding changes of all types are matters within the County's sole discretion and may be unilaterally modified or revoked at any time, to the extent permitted by law. 3. Payroll Periods a. The Human Resources Department will generate a payroll every other Friday. The pay period shall begin at 12:00 A.M. every other Friday and end at 11:59 P.M. on Thursday, two weeks later. Paychecks are distributed on Friday, the day following the end of the payroll period. b. If a normal payday occurs on a scheduled holiday, all steps in the payroll process will be advanced to permit distribution of checks on the working day prior to the holiday. c. Every payday, a pay stub detailing gross pay, deductions and net pay will be available through Employee Self Service. 709 SECTION NUMBER EFFECTIVE DATE (,(-- ERCOG ADMINISTRATIVE HUMAN ,,,Hov , ' ' I �� POLICY RESOURCES AM-301.1 10/21/25 MANUAL SUBJECT PAGE F�oRix)N PAYROLL/SALARY ADMINISTRATION 2 of 3 4. Pay plans shall be maintained by the Human Resources Department. They will be arranged into classes which include: E = Exempt G = Nonexempt (37.5 hour work week) T = Represented Labor & Trades (part-time and 40 hour work week) M = Represented Labor & Trades (37.5 hour work week) S = Unrepresented Labor& Trades (40 hour work week) X, Z, DF and FS = nonstandard work weeks. (They apply to certain fire and emergency medical services positions). Classification information which will be maintained in the Human Resources Department: a. Listing of each job title in each classification pay grade b. Minimum and maximum pay for each pay grade. c. Job numbers for each job in the classification. d. Position descriptions for each classification. e. . f. Current copy of Position Control Report (drawn from administration data base; lists data on each position authorized by the Board of County Commissioners). 5. Call back pay shall be paid to nonexempt employees called back to work during off-duty hours. Call back is work due to an emergency or other urgent situation during off-duty hours. This pay shall be two hours of pay or the actual time worked, whichever is greater, for an employee called back to a work site during off-duty hours. This time shall be considered as time worked for computing overtime. The call back of any employee requires the prior approval of the department head or designee. 6. Standby assignments must be authorized by the department or division head. This assignment is made when it is necessary that an employee be available for work due to an urgent situation during off-duty time. For employees on standby status, one hour of pay at time and one-half will be paid for each regular work day and an additional hour of pay at time and one-half on each non-work day and holidays. Standby hours shall be in addition to time worked. 710 SECTION NUMBER EFFECTIVE DATE iii-VEI? ADMINISTRATIVE HUMAN "� '�` cy POLICYRESOURCES AM-301.110/21/25 _ "� MANUAL SUBJECT PAGE 1 K ORioV PAYROLL/SALARY ADMINISTRATION 3 of 3 7. Temporary assignment pay shall only be utilized in those instances when a position has been vacated due to resignation, retirement, termination, or long-term illness (more than 30 days) and another employee must perform the duties of the vacated position. Under no circumstances should an employee receive temporary assignment pay for filling in while another employee is on vacation or is out on a short-term basis (30 days or less) for other reasons. In order for employees to receive temporary assignment pay, they shall perform the duties of a higher classification. In addition, approval must be received from the department head and the Human Resources Department prior to the reassignment. The request for approval shall include the position the employee is being temporarily assigned to and why, the date the employee will start performing the duties of the other position, the date the employee should start receiving temporary assignment pay and the expected duration of the temporary assignment. Employees shall receive a 5% pay raise for serving in a temporary assignment unless a higher amount is approved by the County Administrator. 8. When it is determined to be in the best interest of the County, the County Administrator may authorize an employee to be assigned to perform duties and responsibilities beyond the scope of their normal position responsibilities and may authorize a special assignment biweekly incentive amount for the duration of the assignment. The amount of the incentive is typically up to 5% unless a higher amount is approved by the County Administrator. The written request and justification for the additional compensation, as well as the expected duration of the assignment, will be submitted to the County Administrator for consideration and approval. 9. Crew Leader premium must be authorized by the department/division head. This assignment is made when it is necessary that a nonexempt employee is required to function as acting supervisor. An employee will be paid an additional half hour at time and one half for each day he is designated as crew leader. 10. An annual automobile allowance may be provided to exempt staff members and County Commissioners who are required to use their personal vehicle in the performance of official County business pursuant to Fla. Statutes, Section 112.061(7)(f). If an individual who is receiving an automobile allowance submits a letter of resignation and is not required to report to work following the submission of the resignation, the automobile allowance will cease with the next pay period. Notification of the cessation of the automobile allowance shall be provided to Human Resources by the payroll processing date by the appropriate manager. 711 /04 Indian River County LEN Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 *� * indianriver.gov i01' MEMORANDUM File ID: 25-1013 Type: Constitutional Officers & Meeting Date: 10/21/2025 Other Govt. TO: Honorable Board of County Commissioners THROUGH: John Titkanich, County Administrator FROM: Marie Ramkissoon, Office Administrator DATE: October 10,2025 SUBJECT: IRC Sheriffs Office FY25/26 Budget Amendment STAFF RECOMMENDATION Please review attached request Indian River County,Florida Page 1 of 1 Printed on 10/16/2025 pow py!_egistar'M ajvEQ c OSP 4'«+ �'OG '/► _" ,e Sheriff Eric Flowers itogiIndian River County Sheriff's Office 4)/PF,S Os October 1,2025 The Honorable Joseph Flescher,Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach,FL 32960-3388 Re:FY25/26 Budget Amendment Dear Chairman Flescher: I am requesting a FY25/26 Budget Amendment in the amount of$99,000 to purchase the following non- recurring,one-time purchases for maintenance of the correctional facility in relation to F.S.125.01(1)(c): 1. Stainless steel inmate security toilets($18,000)-needed to replace the existing porcelain toilets in the medical inmate cells as required per FMJS and accreditation standards and to replace other porcelain toilets,which are leaking. 2. Willow locks and electronic swipes($68,000)-the electronic swipes correspond with the Willow locks to replace the aging locks that currently need to be upgraded in the Print Shop.The current locks have been unreliable and have created numerous power outages as recently as last week causing undo stress on our control systems and creating costly repairs.The new locks are more cost efficient to purchase,replace and repair and will allow our system to be safer and more reliable. 3. Warehouse Refrigeration($13,000)-this is the original equipment from when the building was built in 2007. The metal diamond plate flooring has buckled due to the constant freezing and thawing over the years,causing ice to form under the original flooring.While a common issue in warehouse environments,this has caused a dangerous work environment which could cause someone to trip and fall. Please place these items under Constitutional Officers for the October 7,2025 board agenda for discussion. Sincerely, Eric Flowers Sheriff 4055 41st Avenue •Vero Beach,FL 32960 • (772)569-6700 • www.iresheriff.org 2 713 ) Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 indianriver.gov � *�� MEMORANDUM File ID: 25-0988 Type: Public Hearing Meeting Date: 10/21/2025 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: October 2, 2025 SUBJECT: First Public Hearing - Proposed Developer's Agreement Between Pulte Home Company,LLC and Indian River County for Emerson Oaks Subdivision BACKGROUND This is the first of two public hearings required by Florida Statute Section 163.3225 for the approval of a proposed developer's agreement. The second public hearing is scheduled for November 4, 2025. Emerson Oaks is a proposed residential planned development consisting of 171 Single Family lots to be located at the southwest corner of 431d Avenue SW and 13th Street SW. This project is proposed to be constructed in 3 phases. Phase IA consists of the model home row (seven lots), the project entrance on 13th Street SW, and the adjacent stormwater pond. Phase 1B will include 70 lots, the amenity center, and infrastructure commensurate with this phase. Phase 2 will include 94 lots (the remainder of the residential development),the project entrance on 17th Street SW, and the necessary utilities needed to support the phase 2 homes. Developer understands that as part of the development process they are to provide or pay for their fair share of the cost that the County would otherwise incur to accommodate the new growth as well as the provision for required improvements to accommodate their new proposed development. The required improvements and contributions for the proposed development are as follows: Dedication of Right-of-way: The project will dedicate the following right-of-way: 1. 0.94 acres of right-of-way along the projects 13th Street SW frontage for future street realignment. 2. One hundred feet of right-of-way along the entire 17th Street SW frontage of the project. 3. Fifty feet of right-of-way along the entire 43rd Avenue SW frontage of the project. Intersection/Turn Lane Improvements: The required traffic improvements will be provided by the developer: Indian River County,Florida Page 1 of 2 Printed on 10/16/2025 pows tt Legistar1" 1. Westbound left turn lane on 13th Street Southwest into the Project's entrance, and 2. Southbound right turn lane on 43rd Avenue Southwest at 13th Street Southwest, and 3. Northbound left turn lane on 43rd Avenue Southwest at 13th Street Southwest, and 4. An eastbound left and right turn lane on 13th St SW at 43rd Ave during Phase 1B, and 5. Paving and drainage improvements on 17th Street Southwest along the Project site's entire frontage, and 6. Eastbound left and right turn lane on 17th Street Southwest at 43rd Avenue Southwest. 171'Street SW Bridge Contribution: The Developer shall contribute their fair share (3.7%)of funding to the future 17trh Street SW bridge crossing. The Traffic Analysis is too voluminous to attach to this item; it is available for viewing upon request at the County Attorney's Office. ANALYSIS N/A BUDGETARY IMPACT The cost of recording the Developers Agreement is estimated to be $171.50 and will be funded from the Planning and Development Services budget within the MSTU Fund/County Planning/Recording Fees account, number 00420515-034830. The cost of publication of the required public notice for the public hearing(s)is estimated to be $372.48. The cost will be funded from the Planning and Development Services budget within the MSTU Fund/County Planning/Legal Ads account,number 00420515-034910. PREVIOUS BOARD ACTIONS The Board approved the PD for Emerson Oaks on December 3, 2024. POTENTIAL FUTURE BOARD ACTIONS Second Public Hearing STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends the Board review the Proposed Developer's Agreement, open the public hearing for comment, close the public hearing and make a motion to bring the Proposed Developer's Agreement back to the Board for the required second public hearing on November 4, 2025. Indian River County,Florida Page 2 of 2 Printed on 10/16/2025 pow? f I egistarry x i, k t.. k Mi►. te E 1.' „�.. d p ri .'•,, 414, *„ i, s.= Myr,4* . ...:-,,,,, -. "1 ft4 -14 ,...,,, R ; a7,, zi 716 Record and Return To: Logan F. Wellmeier,Esq. Dean,Mead,Minton&Moore 1903 S 25th Street, Suite 200 Fort Pierce, Florida 34947 (772)464-7700 [blank space above line reserved for recording data] DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "County") and PULTE HOME COMPANY, LLC, a Michigan limited liability company (hereinafter referred to as "Developer"). RECITALS WHEREAS, the Developer owns and intends to develop certain real property located at the southwest corner of 43rd Avenue Southwest and 13th Street Southwest in the unincorporated area of Indian River County, Florida, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference(the"Property"); and WHEREAS, the County intends to provide certain assurances to the Developer with respect to the development of the Property, in accordance with the applicable provisions of the Florida Statutes,the Indian River County Comprehensive Plan,and the Indian River County Land Development Regulations (the"LDRs"); and WHEREAS, the LDRs specifically empower the County to enter into development agreements with developers to facilitate the orderly development of real property in Indian River County; and WHEREAS, on November 15, 2022, the Board of County Commissioners (the "BCC") granted special exception and conceptual PD plan approval for the Red Tree Cove PD. Subsequently, through coordination with County staff, elements of the Red Tree Cove PD were modified through the BCC's approval of a modified conceptual PD plan and special exception to include 171 detached single-family homes, open space, drainage and facilities renamed as "Emerson Oaks PD" (the"Project"); and WHEREAS,the Project was approved for certain PD design guidelines with minimum lot size,minimum building setbacks,and maximum building coverage,in return for road right-of-way ("ROW")dedications, off-site improvements(road paving,traffic improvements,and upsizing of utility lines), and other public benefits, as further specified in Exhibit "C" attached hereto and incorporated herein by reference(the"Design Standards"); and WHEREAS, 71.93 acres of the Property are located inside the urban services boundary (the "USB") and 4.80 acres are located outside of the USB; and 5950481.0 717 WHEREAS, the Project is proposed to be constructed in three (3) phases as follows: (i) Phase 1A consists of the model home row and includes the development of seven (7) lots, the construction of the Project's first entrance to and from 13th Street Southwest, and the adjacent stormwater pond ("Phase 1A"), (ii) Phase 1B will include the development of seventy (70) lots, the construction of the amenity center, and the construction/installation of sufficient infrastructure to support this phase("Phase 1B"),and(iii)Phase 2 will include the development of the remaining ninety-four(94)residential lots,the construction of the Project's second entrance to and from 17th Street Southwest, and the construction /installation of the balance of the contemplated infrastructure and utilities ("Phase 2") (Phase 1A,Phase 1B and Phase 2 are each referred to as a "Phase"); and WHEREAS, it is in the best interests of the County and its citizens that the development of the Property be completed in a planned and orderly fashion as specified herein; and WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits to the County and the citizens of the County as specified herein. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the Developer and the County enter into this Agreement and do hereby agree as follows: Section 1. Recitals. The foregoing recitals are true, correct and incorporated herein by reference. Section 2. Effective Date and Duration of Agreement. Unless extended pursuant to the terms hereof,the duration of this Agreement shall be five (5)years commencing on the day that this Agreement is fully executed by both parties hereto (the "Effective Date"). Should the terms and time for development authorized hereby conflict with any document, the terms and time frames of this Agreement shall prevail. The duration of this Agreement may be extended upon mutual consent of the County and the Developer after two (2) public hearings, consistent with Florida Statute. Section 3. The Project. The application for special exception and PD plan approval and all submissions,documents and correspondence related to the proposed development of the Project, including (without limitation) all traffic and environmental studies, are hereby incorporated herein as "Application Materials." A. Current Application Materials. Attached hereto and incorporated herein as Exhibit "B" is the conceptual PD plan (the "Preliminary Plan") depicting the proposed areas of development, the respective types of development to be constructed on the Property and the buffers of the development on the perimeter of the Property. The parties understand and agree that the attached Preliminary Plan and this Agreement establish the maximum building density for the Project as well as the minimum 2 5950481.v1 718 landscaping,required drainage,open space and upland conservation easement buffer requirements. For purposes of this Agreement, it is agreed that the Preliminary Plan accurately depicts the type and density of development to be constructed on the Property. B. Uses/Densities/Design Guidelines. i. Use. Development of the Project shall exclusively include residential use and shall not exceed 171 single-family, single-story dwelling units as depicted on the Preliminary Plan, as approved by the County. ii. Density. The portion of the Property outside the USB is intended to be developed as a stormwater pond and walking path and shall not be included in a calculation of permitted density. The maximum allowed density is 3 dwelling units per acre according to the Property's Future Land Use designation,but the Project proposes a density of 2.38 dwelling units per acre. iii. Design Guidelines. The Project's design guidelines shall conform to the "Proposed PD Standards" shown on Exhibit "C", attached hereto and by this reference incorporated herein. iv. Perimeter Buffering. The Developer shall provide the following buffers and opaque features around the perimeter of the Project: Perimeter Buffer Type&Width I:ue Fell**.. North Type"B"/30'wide 6'combination burr.dhaahcapa East Type`B!"130'wide 6' combination berm landscape South Type"B"/30'wide 6' co'mbination.beem&landScepe West Type"a"l O'wide 6'combination.barn IsacticaPe C. Dedication of Right of Way and Required Improvements. The Developer shall provide the following within the Project as depicted on the Preliminary Plan. Those traffic improvements constructed by the Developer pursuant to this Agreement which are located outside of the Project (if any) shall ultimately be dedicated to the County for its ownership and maintenance. i. Right-of-way. Prior to issuance of a land development permit("LDP") for Phase 1A,the Developer shall convey the following rights-of-way without compensation, as more specifically set forth in the Preliminary Plan: • 13th Street Southwest: o Thirty feet (30') of canal ROW for approximately two hundred and seventy-two (272) feet of the Project's western 13th Street Southwest frontage to The Indian River Farms Water Control District("IRFWCD"), 3 5950481.v1 719 o Conveyance to the County of approximately 0.94 acres of ROW for the realignment of 13th Street Southwest at the intersection of 13th Street Southwest and 43rd Avenue Southwest, as previously approved by the County through the approvals for the Indrio Pointe PD (PD-23-04- 02/94101). • 17th Street Southwest: o One hundred feet (100') of ROW for the entire span of the Project's 17th Street Southwest frontage to the County. • 43rd Avenue Southwest: o Fifty feet (50') of ROW of the entire Project's 43rd Avenue Southwest frontage to the County. *Developer shall be responsible for any prorated taxes due on the ROW at time of dedication if any* ii. Road Improvements. The Project's traffic impact study("TIS")has been reviewed and approved by County staff,which have required that the following improvements be constructed along with Phases 1B or 2, as appropriate. The final design of the following off-site road improvements will be reviewed in accordance with the requirements of the LDP for each respective Phase and must be completed prior to issuance of a certificate of completion for such Phase. a) Phase 1B shall include the following improvements: (i) Westbound left turn lane on 13th Street Southwest into the Project's entrance, and (ii) Southbound right turn lane on 43rd Avenue Southwest at 13th Street Southwest,and (iii) Northbound left turn lane on 43rd Avenue Southwest at 13th Street Southwest. (iv) An eastbound left and right turn lane on 13th St SW at 43rd Ave during Phase 1B. b) Phase 2 shall include the following improvements: (v) Paving and drainage improvements on 17th Street Southwest along the Project site's entire frontage, and (vi) Eastbound left and right turn lane on 17th Street Southwest at 43rd Avenue Southwest. iii. Payment of Fair Share for 17th Bridge. Prior to issuance of an LDP for Phase 1A,the Developer shall contribute its fair share of three and seven tenths'percent(3.7%)of the cost of funding the future 17th Street Southwest bridge crossing the cost of which is estimated 4 5950481.v1 720 on the Preliminary Opinion of Probable Costs for the Indrio Pointe Bridge, attached hereto as Exhibit"D"and by this reference incorporated herein.This payment shall be made to Indian River County Board of County Commissioners and payment shall be coordinated with the Public Works Director. iv. Sidewalks. The Developer shall provide the following sidewalks as part of the Project: a) External sidewalks.An eight-foot (8') wide sidewalk shall be constructed along the north side of 17th Street Southwest and the west side of 43rd Avenue Southwest, for the projects entire frontage abutting those roads. The fmal design of these sidewalks will be reviewed via the LDP for each respective project phase and must be completed prior to issuance of a certificate of completion for each respective project phase. (see prelim approval pg. 4. paragraph 12. B.) b) Internal sidewalks. A five-foot (5') wide internal sidewalk system shall be constructed along one side of the Project's internal streets. All sidewalks located within the Project shall be designed and constructed in segments, according to the percentage or amount of the sidewalks that are located within the bounds of each Phase. Each such segment shall be 1.) designed and constructed to County standards (including,without limitation, LDR 913.09(5)(b)2),2.) subject to receipt of all required governmental approvals, 3.) turned over to and maintained by a homeowner's association (a "HOA"), 4.) included in the LDP for each Phase, 5.) constructed along with the construction of improvements within each Phase, and 6.) completed prior to the issuance of a certificate of completion for each Phase. v. Streetlights. Streetlights to be located within the bounds of each Phase will be 1.) specified in the LDP for each Phase, 2.) constructed along with the improvements within that Phase, 3.)turned over to and maintained by an HOA and 4.)completed prior to issuance of a certificate of completion for such Phase. vi. Common Green Space and/or Recreation Area. The Developer shall provide eight and forty-six one hundredth (8.46) acres, which is eleven percent (11%) of the site as dedicated common green space and/or recreation area(the"Greenspace").The Greenspace will be composed of a clubhouse/amenity tract, several passive recreation/open space tracts, and the native uplands set-aside tract. County staff has verified that the Greenspace will satisfy the County's green space/recreation area requirements with respect to the Project. The portion of the Greenspace located within the bounds of each Phase will be 1.) reviewed via the LDP for each Phase, 2.) included in the construction of the improvements within that Phase, and 3.) completed prior to issuance of a certificate of completion for such Phase. D. Landscaping. 5 5950481.v1 721 The landscaping for the Project will be as depicted on the Preliminary Plan to the extent possible. The Developer acknowledges that all landscaping must be completed in accordance with the applicable provisions of the LDR. Developer must obtain Planning staff approval of a fmal landscape and buffer plan prior to issuance of a LDP for each Phase of the Project. E. Wetlands. County Environmental Planning staff has determined that no jurisdictional wetlands exist on the subject site. Therefore,no wetlands criteria apply to the Project. F. Upland Preserves. Because the Property exceeds five (5) acres, the County's native upland set aside criteria apply to the Project. Approximately seven and thirty-six hundredths (7.36) acres of intact native upland plant communities exist on the Property, and the Project's set aside requirement is one and one tenths (1.10) acres (15% of 7.36 acres). The applicant is proposing to set-aside one and fifty-five one hundredths (1.55) acres of on-site native uplands in a single preservation tract located in the center of the overall Property. The applicant must dedicate a conservation easement in favor of the County over the 1.55 acres of on-site native uplands independently of and prior to the recording of the fmal plat, ensuring that the conservation easement can be shown on the plat with a reference by book and page. G. Tree Preservation. Most of the Project site is a former citrus grove and/or tree farm.Therefore,besides the uplands set aside area and the vegetated area around the future community clubhouse, the Project site does not contain any protected or specimen trees. H. Utility Services. The Developer will supply adequate public utility facilities and infrastructure to serve the Project concurrent with the impact creating the need for such services,including,but not limited to, potable water distribution, wastewater collection and solid waste disposal. The Developer will work with all necessary governmental entities, including Indian River County, to ensure that utilization of the constructed utility system will not adversely impact those utility customers adjacent to the Project. The Developer must obtain all necessary governmental approvals and permits prior to utilization of any potable water or wastewater collection utility system constructed by Developer. i. Potable Water Distribution and Wastewater Collection. The Project will be served by public water and sewer service provided by County Utility Services. The Developer will construct or cause to be constructed all necessary potable and wastewater service infrastructure within the Project. During the development review process,the Department of Utility Services required the Developer to upsize the water and wastewater service lines that will serve the Project per the recommendation of the County's Master Utility Plan. In lieu of a monetary reimbursement from the County,the Developer proposed this as a public benefit 6 5950481.v1 722 to other development projects located "downstream" of the Project, and the County agreed. Therefore, the Developer will increase the size of the water main from 8" to 12" for 2,654 feet along 43rd Avenue and the size of the sewer force main from 4" to 6" for 3,934 feet along 43rd Avenue at no additional cost to the County. Upon completion all utility lines shall be turned over to and accepted by the County pursuant to applicable County Code Requirements. Water service and wastewater collection service shall be available to each area of the Project in adequate volume prior to construction of each phase of development. ii. Solid Waste Disposal. There are no improvements required for the Project. I. Stormwater Treatment Facilities. The stormwater treatment facilities for the Project will be constructed as depicted on the Preliminary Plan and as approved by the County.All stormwater runoff and drainage system improvements within the Project will be: (1) designed and constructed to County standards; (2) treated to minimum applicable St. Johns Florida Water Management District water quality standards; (3) constructed or caused to be constructed by the Developer; and(4) maintained by a HOA. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Project. The system will be designed and constructed so that there will be no outflow onto adjacent properties unless otherwise approved by the County and other regulatory authorities and will be designed to protect adjacent surface waters by use of best management practices and other innovative techniques. The Project's conceptual stormwater management system includes a modified Miami curb street design and four(4)separate wet stormwater management tracts to manage runoff generated from the Project. The Project's stormwater system will also accept runoff generated by the Project's off-site improvements. The Public Works Department has approved the conceptual stormwater management plan and will review the detailed stormwater management plan with the LDP for each respective Project Phase. J. Impact Fees and Credits. Only those contributions by Developer that are NOT public benefits that were given in exchange for approval of the PD Application by the Planning and Zoning Commission and the Board of County Commissioners shall be given impact fee credits at the rates currently in effect at the time of execution of this document,and consistent with the requirement for credit to be applied on a dollar-for-dollar basis at fair market value pursuant to Florida Statute Section 163.31801(5)(a). K. Concurrency. As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the Project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity is available to serve the Project.The applicant will be required to obtain final concurrency certificates prior to issuance of building permits, in accordance with County concurrency regulations. 7 5950481.v1 723 L. Other Conditions of Preliminary Plan Approval. Unless otherwise provided in this Agreement, Developer shall comply with all conditions of approval set forth in the resolution granting the LDP for each phase,which conditions are incorporated herein by reference. Section 4. Indian River County Development Approvals. All development permits approved or requiring approval by the County for development of the Property shall be issued by the County in accordance with County regulations, including but not limited to, the Comprehensive Plan, the LDRs, and the County Code of Ordinances. The parties agree that this Agreement and the Preliminary Plan as approved by the County will control and establish the density, intensity, bulk, height, setbacks, and the land uses and structures allowed to be developed on the Property under this Agreement. For all elements of the Project that are not specified herein or for all future adjustments or modifications, the parties agree that such County regulations that are in existence and effect on the date of the execution of this Agreement shall control and establish same. The Developer acknowledges that, notwithstanding this Agreement, the Developer shall be required to apply to the County for any additional development approvals other than those specified herein,including changing the zoning designation, site plan review or subdivision plat approval, and shall be required to conform to all other ordinances in effect at the time of said application that govern, including but without limitation, environmental protection,trees,signage,traffic,utilities,concurrency, stormwater,and drainage. Developer will pay all required fees and costs imposed by the County including impact fees as set by local code in existence at the time of development approval. All applications for building permits shall comply with the building code in effect at the time of application. Notwithstanding anything to the contrary contained herein, the Preliminary Plan, as the same may be amended pursuant to the terms hereof, and the Certificate of Capacity shall not expire so long as a building permit is issued for the Project within the term of this Agreement or as provided by the Indian River County Code of Ordinances. Section 5. Other Development Approvals. The Developer acknowledges and agrees that it may need permits and authorizations from other state and federal agencies which are outside the scope of this Agreement. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement,then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Section 6. Consistency With Comprehensive Plan and Land Development Code. A. Reservation of Dedication of Land for Public Purposes. The parties acknowledge that the Developer is making the certain dedications of land and improvements for public purposes as described herein and in the Preliminary Plan. The parties agree that consideration for the above dedications has been given by the County in the form of waivers or incentives requested by the Developer for approval of their PD project. 8 5950481.v1 724 B. Local Development Permits. The following is a list of approvals required for the development of the land: i. There is no requirement to modify the current Future Land Use designations of Low-Density Residential-1 (L-1, 3 du/a)and Agriculture-1 (AG-1,up to 5 du/a). ii. There is no requirement to modify the zoning classification, as the PD has been approved as an overlay pursuant to §915.04(1)(B) of the Indian River County Code, which permits the density of the underlying Future Land Use Designation. iii. Prior to issuance of an Indian River County Land Clearing and Tree Removal Permit or Exemption, the Agreement shall be executed by the Chair of the County Commission and Recorded in the Public Records of Indian River County. iv. Prior to construction Developer shall attain the following permits: 1) Preliminary Planned Development Approval, LDR 915.25 2) Land Development Permit, LDR 915.26 3) Type B Stormwater Permit, LDR 930 4) Right-of-Way Permit(s),LDR 312 v. Prior to issuance of a certificate of occupancy,Developer shall obtain a fmal approved planned development plan in accordance with LDR 915.27 encompassing Chapters 913, 914 and 915 of the LDR. vi. Any modifications to the approved Preliminary Plan shall be processed and approved in accordance with LDR 915.28 encompassing Chapter 913,914 and 915 of the LDRs.All requirements of the Preliminary Plan, as the same may be amended, shall be satisfied before commencement of development activity. C. Consistency with Comprehensive Plan. The County fmds that the development permitted or proposed in this Agreement is consistent with the Indian River County Comprehensive Plan. D. Consistency with Land Development Code. The County finds that the development permitted or proposed in this Agreement is consistent with the Indian River County Land Development Code and Indian River County Code of Ordinances. E. No Precedent from Agreement. 9 5950481.v1 725 The County acknowledges and agrees that it is exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits that are particular and unique to the circumstances underlying this Agreement. This Agreement shall in no way establish a precedent or bind the County to grant similar approvals to third persons. F. Compliance with Laws Not Identified in Agreement. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements,terms, conditions, or restrictions. Any matter or thing required to be done under existing ordinance of the County shall not be otherwise amended, modified or waived unless such amendment,waiver, or modification is expressly provided for in this Agreement with specific reference to the code provisions so amended,modified,or waived. G. Applicable Laws and Subsequently enacted Laws The local government's laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. If state or federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. A local government may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined: (a)They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses,intensities,or densities in the development agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in the development agreement; (d) The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or (e)The development agreement is based on substantially inaccurate information supplied by the developer. Nothing in this section shall be deemed to abrogate any rights of the Developer or the County that may vest pursuant to common law. 10 5950481.v1 726 H. Conditions Necessary to Protect Health, Safety, and Welfare. The conditions stated herein are deemed necessary to protect health, safety and welfare of the citizens of Indian River County. Section 7. Annual Review. In accordance with the requirements of Section 163.3220, Florida Statutes (hereinafter referred to as the "Act") the County shall review this Agreement every twelve (12) months (each, an "Annual Review"), commencing twelve (12) months after the Effective Date. The County shall begin the review process by giving notice, a minimum of ninety(90) days prior to the anniversary date for the Effective Date, to the Developer of its intention to undertake the Annual Review and the necessity for the Developer to provide the following: A. An identification of any changes in the plan of development as contained in the Preliminary Plan, or in any phasing for the reporting year and for the next year. B. If the Preliminary Plan provides for phasing, a summary comparison of development activity(1)proposed to be constructed and(2) constructed for the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer along with their last known address and any contact information. D. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. E. Identification of significant local, state and federal permits which have been obtained or which are pending by agency,type of permit,permit number and purpose of each. F. Description of progress on required improvements for each phase. Any information required of Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. If the County fmds substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement in accordance with the procedures set forth in Section 8 below. Section 8. Remedies. If the Developer or the County fails to carry out any of its covenants herein contained, the County and the Developer shall be entitled to all remedies available at law or in equity including,without limitations,the remedy of prohibitive injunction. The Board may revoke or modify this Agreement if the Board determines through its annual review of this Agreement,and based upon substantial competent evidence,that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation or modification of this Agreement, the Board shall hold two public hearings consistent with the Act. At the public hearings, the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any 11 5950481.v1 727 amendments thereto,have not been complied with. If the Board determines that revocation of this Agreement is not necessary,the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Agreement,and any extensions or amendments thereto. The provisions requiring Board approval of any change in the Preliminary Plan shall survive the revocation of this Agreement. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement,the prevailing party shall be entitled to recover from the other party all costs of such action, including but not limited to reasonable attorney's fees. None of these remedies shall be deemed exclusive of one another, or exclusive of any other remedy which the Court having jurisdiction deems appropriate. Such remedies shall be granted either singularly, or in combination, to the extent necessary to achieve the intent of this Agreement. Section 9. General Provisions. A. Nothing herein is intended to preclude the County from exercising its proper police powers to protect the health,welfare, and safety of the public. B. This Agreement shall be binding upon, and inure to the benefit of, all heirs, successors and assigns of the parties hereto. C. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been given, delivered and received when either (i) delivered in person to the agents designated hereinbelow for that purpose, (ii) on the first business day after delivery to an overnight courier (e.g. FedEx, UPS) as evidenced by the sender's copy, addressed as set forth hereinbelow, or (iii) three (3) days after deposited in the United States Mail, by certified mail, postage prepaid,return receipt requested,addressed to the other party. The addresses of the parties are as follows: As to the Developer: Pulte Home Company,LLC Attn: Patrick Gonzalez 1475 Centrepark Blvd, Suite 140, West Palm Beach,FL 33401 With a Copy to: Logan Wellmeier,Esq. Dean,Mead, Minton&Moore. 1903 South 25th Street, Suite 200 Fort Pierce,Florida 34947 As to the County: Indian River County Board of County Commissioners Attn: County Administrator 1801 27th Street Vero Beach, Florida 32960 And a copy to: Indian River County Attorneys'Office 12 5950481.v1 728 Attn: County Attorney 1801 27th Street Vero Beach, Florida 32960 Notice sent to counsel for either party hereto,in the manner of delivery provided for herein, shall be effective as notice to such party. Any party hereto may, from time to time, give to the other party written notice, in the manner provided for herein, of some other address to which communications to such party shall be sent, in which event, notices to such party shall be personally delivered or sent in the manner set forth hereinabove to such address. If a party is represented by legal counsel, such legal counsel is authorized to give notice or make deliveries under this Agreement directly to the other party on behalf of his or her client, and the same shall be deemed proper notice or delivery if given or made in the manner specified above. D. This Agreement constitutes the complete and exclusive statement of agreement between the parties with respect to the subject matter described. This Agreement also supersedes all prior written and oral statements; no representation, statement, condition, or warranty not contained in this Agreement has any force or effect. E. This Agreement and the rights of the parties hereunder are governed by,interpreted, and enforced in accordance with the laws of the State of Florida. Exclusive venue for any legal action brought to enforce or interpret this Agreement shall be in the Circuit Court for the Nineteenth Judicial Circuit, in and for Indian River County,Florida. F. Common nouns and pronouns refer to the singular and plural. Any reference to statutes or laws will include all amendments, modifications, or replacements of the specific sections and provisions concerned. G. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. H. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision is fully severable.Upon such event,this Agreement is to be construed and enforced as if such illegal,invalid,or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement will remain in full force and effect. If any portion of this Agreement adopted pursuant to Chapter 163,Florida Statutes,is held or declared to be void by a court of competent jurisdiction, the Agreement shall be deemed to be and enforceable as a home rule developer agreement in accordance with Florida law. I. This Agreement is made solely and specifically among and for the benefit of the parties hereto and their respective successors and assigns; no other person has or will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. J. This Agreement shall be recorded in the Public Records of Indian River County, Florida by the Developer within fourteen(14)days of its final execution by the Chair of the County Commission. This Agreement may be amended only by a subsequent written instrument entered into and executed by the parties pursuant to the procedures and requirements of the Act. 13 5950481.v1 729 K. This Agreement may be amended or cancelled by mutual consent of the parties. Prior to amending this Agreement,the Board shall hold two (2)public hearings consistent with the requirements of the Act.No further development permits that would result in the generation of any additional impacts affecting concurrency level of service will be issued until a fmal development order has been issued.Any application for a fmal development order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review,will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for fmal development order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this Agreement shall be subject to any applicable Indian River County construction standard or code in effect at the time the application is filed.All applications for building permits shall comply with the building code in effect at the time of application. L. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. M. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions,nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. Further,the fact that this Agreement does not detail all laws, rules, regulations, permits, conditions, terms and restrictions that must be satisfied to complete the development contemplated by this Agreement shall not relieve any party, or its successors in interest, of the obligation to comply with the law governing such permit requirements, conditions,terms, and restrictions. N. All words, terms, and conditions contained herein are to be read in concert each and with the other,and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. O. Nothing in this Agreement shall be deemed or construed to be a waiver of the County's Statutory Sovereign immunity. (SIGNATURE PAGES FOLLOW) 14 5950481.v1 730 IN WITNESS WHEREOF, the parties have signed and delivered this Agreement, effective as of the Effective Date. Signed in the presence of: DEVELOPER: Witness 1: PULTE HOME COMPANY,LLC,a Michigan Signature: limited liability company Print Name: Address: 1475 Centrepark Blvd, Suite 140 By: West Palm Beach, FL 33401 Print am . i Gonzalez Its: Vice President of Land Development Witness 2: Date: 10/7/2025 Signature: '.. 4 Print Name: FArste i Address: 1475 Centrepark Blvd, Suite 140 West Palm Beach, FL 33401 STATE OF FLORIDA COUNTY OF Ppi,m zepiot The forgoing instrument was acknowledged before me by means of . physical presence or_online notarization,this 1441 day of C -zAacx- 2025,by ' $ , the of Pulte Home Cpan LL; a Michigan limited liability company,who is ✓ y kn��n to i ie or v ave produced as identification. (Notary Seal) Printed Name: Notary Public `� � iuiu��N� �,'. My Commission Expires: ! 1 :!�8 `•`%\ ►ND� •,,„ • ..d,rotroego 25,2 •• 15 5950481.v1 731 THE COUNTY: INDIAN RIVER COUNTY Board of County Commissioners, a political subdivision of the State of Florida BCC Approved: Joseph E. Flescher, Chairman Date: Approved by: ATTEST: Ryan L.Butler,Clerk of the Circuit Court and Comptroller John A. Titkanich,Jr. County Administrator _ Print Name: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J. Prado,Esq.,Deputy County Attorney 16 5950481.v1 732 Exhibit"A" The Property Parcel 1: The West half of Tract 16 of Section 28, Township 33 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company,filed in the Public Records of St.Lucie County, Florida,and recorded in Plat Book 2,Page 25.of said records;said lands now lying and being in Indian. River County Florida. Parcel 2: The North 1/2 of the East 1/2 of Tract 16,Section 28,Township 33 South,Range 39 East,according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St.Lucie County,Florida,in Plat Book 2,Page 25;said lands now lying and being in Indian River County,Florida.Less and except road right of ways of record. Parcel 3: The South 1/2 of the East 1/2 of Tract 16,Section 28,Township 33 South,Range 39 East,according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St.Lucie County,Florida,in Plat Book 2,Page 25;said lands now lying and being in Indian River County,Florida.Less and except road right of ways of record. Parcel 4: The South 675.00 feet of the West 1/2 of Tract 9, Section 28, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St.Lucie County,Florida,in Plat Book 2,Page 25;said lands now Iying and being in Indian River County,Florida. Parcel 5: The East 1/2 of Tract 9,Section 28,Township 33 South,Range 39 East,according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25;said lands now lying and being in Indian River County,Florida.Less and except road right of ways of record. Parcel 6: The West 1/2 of Tract 9,Section 28,Township 33 South,Range 39 East,according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said lands now lying and being in Indian River County,Florida.Less and except the South 675.00 feet thereof. Parcel 7: The North 771.50 feet of the East 272.00 feet of Tract 10, Section 28,Township 33 South,Range 39 East,according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St.Lucie County,Florida,in Plat Book 2,Page 25;said lands now lying and being in Indian River County,Florida. 17 5950481.v1 733 - .. Exhibit"B" Preliminary Plan m kli d i � eye. St i Af. f pSwR lair g11�5r i S i1 .41:f (( t 9. t� amp 1 11\'' i !Pull' i, , te°"*— 1 i '11.611; , I '1 i . 1,) t F w � r sei i t1 'Min in.� ' WI 1 III ' 4i �.'., f 4. sf ti_ • w v p ¢,fi 1 . 4. ... a A 1 < ! a ; z , ,,..,...„- , ,,,,,,,---„ .,-, ligif„ , t 1 t 0 , t 116 F � 1 tf 1lt f, iiia,. , 1 i ., I ' w f t 'Lc3 li ' *Alit ilitt Cii * ' li'! t'l ' )4 t l . a m—-- " ris.•._ F..n< :_a ,.. rrrree,, '' }` it,.. _r F 18 5950481.v1 734 Exhibit"C" Design Standards Development A-1 Minimum ' RS-3 Minimum Proposed PD Standards Perar Standards Standards Lot Width 150' 80' 65' 50' Lot Size 200,000 SF 12,000 SF 8,450 SF 6,500 SF Building Setbacks: Front 30' . 25' 20' 20' Side 30' 15' 7.5' 5'. I Rear 30' 25' 15' 15' Pools(water line): Front 30' 25' 20' 201 Side 30' 15' 10' 7:5' Rear 1:0' 10' 6' 6' Pool decks,decks,or screen enclosures Front 30' 25' 15' 15' Silo 30' : 15' 7,5' 5' Rear 10' ..10': 5'. 5' Accessory structures(e.g.sheds,pergolas) Front 30' 25' 15': 15' Side 30' 15' 5' 5' Rear 30' 25 5':. 5' Maximum Building 20% 30% 50% 50% C.ovece$e. Minimum Open Space 60% 40% 20 0 Per Lot 19 5950481.v1 735 Exhibit"D" Opinion of Costs Kirnley ,i Fior ii PROJECT: Indrio Pointe Bridge(3.7%COST SHARE FOR EMERSON OAKS) CLIENT: Pulte Home Company, LLC Date: 2025/06/11 PRELIMINARY OPINION OF PROBABLE COSTS INORIO POINT BRIDGE The Engineer has no control over the cost of labor.materials,equipment or services furnished by others.or over the Contractor's methods of determining prices,or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the intormation known to the Engineer at this time and represent only the Engineer's judgement as a design professional familiar with the constru coon industry. The Engineer cannot and does not guarantee that proposals,bids,or actual conabuctidn costs win not vary from its opinion of probable costs. NOTES: 1.THIS OPC IS NOT BASED OFF OF A CONCPETUAL PLAN AND IS PRELIMINARY IN NATURE. 2.THIS PRELIMINARY OPC ASSUMES A STANDARD 2-LANE VEHICULAR BRIDGE OF-100'TOTAL SPAN LENGTH CROSSING THE IRFWCD CANAL ON THE EAST SIDE OF 43RD AVE SW ADJACENT TO THE INTERSECTION OF 13TH AVE SW AND 43RD AVE SW IN INDIAN RIVER COUNTY DESCRIPTION UNIT PROJECT UNIT PROJECT QUANTITY COST COST BRIDGE PAY ITEMS MOBILtZA1 ION 1 DEM0BILIZAT ION LS 1 5100,000.00 5100.000.00 MAINTENANCE OF TRAFFIC LS 1 $25,000.00 525.000.00 PREVENTION,CONTROL,&ABATEMENT OR EROSION&WATER POLLU t UN LS 1 530,000.00 $90.000.00 CONSTRUCTION LAYOUT'RECORD DRAWING LS 1 515,000.00 $15,000.00 STANDARD CLEARING&GRUBBING LS 1_ $25,000.00 $25000.00 REGULAR EXCAVATION LS I $15,000.00 $15,000.00 EMBANKMENT LS I $15,000.00 $15,000.00 RIPRAP CY 250 $415.00 $103,750.00 UTILITY PIPE(F&I)(PVCI(WATERMAIN) LF '00 $150.00 $15,000.00 UTILITY PIPE(F&IHPVCXSEWERMAIN) - LF '00 3100.00 $15,000.00 CONCRETE CLASS 2 APPROACH SLABS . . . CY 12 S 760.00 59,000.00 CONCRETE CLASS 4 BRIDGE SUBSTRUCTURE CV 45 0'.0.20.00 $72,000.00 CONCRETE CLASS 4 CAST IN PLACE TOPPING WITH$1. E REDUCING ADMIXTURE CY 60 51.600.00 $96,000.00 PLAIN NEOPRENE BEARING PADS CF S 51,100.00 $5,500.00 PENETRANT SEALER GA ST $80AD $4,000.00 CLEANING ANO SEALING CONCRETE SURFACES-PENETRANT SEALER OR METIIACRY LA TES SF 2500 $2.00 $5,000.00 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE LB 125.0 $325 $99,000.00 RENFORCING STEEL-APPROACH SLABS LB 2500 $325 $8,125.00 STAINLESS REINFORCING STEEL-SUBSTRUCTURE LB 4000 $8.25 $13,000.00 PRESTRESSED BEAM.FLORIDA SLAB BEAM-BEAM DEPTH 121 CANNON S I EEL WIDTH 48-51' LF 500 5350.00 $175.000.00 PRESTRESSED CONCRETE PILING,INCLUDES 100%DYNAMIC TESTING.SIZE 18'SO WI FRP OR STAINLESS STEEL STRANDS AND REINFORCING LF 950 5240.00 $228.000.00 BRIDGE DECK EXPANSION JOINT-NEW CONSTRUCTION-F&I POURED JOINT W r BACKER ROO LF 75 $95.00 $7,125.00 BULLET RAIL-SINGLE RAIL LF 260 $45.00 $11.250.00 CONCRETE TRAFFIC RAILING-BRIDGE-32"VERTICAL FACE LF 4 10 $182.00 $54.600.00 CONDUIT-FURNISH&INSTALL-EMBEDDED CONCRETE BARRIERS AND TRAFFIC RAILINGS LF 050 $15.00 59.750.00 JUNCTION BOX-FURNISH&INSTALL-EMBEDDED EA 4 $800.00 53.200-00 • 50.00 BRIDGE SUB-TOTAL m 51,111.300.00 CONTINGENCY(30%) 5335,790.00 TOTAL a 51,455-090.00 3.7%OF TOTAL COST TO BE PAID BY PULTE $53.838-33 20 5950481.v1 736 4/ VFJCP% / Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 indianriver.gov � o it Indian River County MEMORANDUM File ID: 25-1009 Type: Public Notice Meeting Date: 10/21/2025 TO: Members of the Board of County Commissioners THROUGH: John A. Titkanich,Jr. County Administrator FROM: Kristin Daniels Director, Office of Management&Budget DATE: October 8, 2025 SUBJECT: Notice of Scheduled Public Hearing for Budget Amendment 06 for the November 4, 2025 Board Meeting ANALYSIS Please be advised that the following public hearing item has been scheduled for Board consideration: November 4, 2025: 1. Consideration of Miscellaneous Budget Amendment 06 BUDGETARY IMPACT Once published,Budget Amendment 06 will contain proposed increases to the overall Fiscal Year 2024/2025 budget for the Board to consider. STAFF RECOMMENDATION The referenced public notice item is provided for the Board's information.No action is needed at this time. Indian River County,Florida Page 1 of 1 Printed on 10/16/2025 power?,Legistar' laA Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 *\ * indianriver.gov �� MEMORANDUM File ID: 25-0996 Type: Administrators Matters Meeting Date: 10/21/2025 TO: Honorable Board of County Commissioners FROM: John A Titkanich,Jr., County Administrator DATE: October 6, 2025 SUBJECT: Proposed Commission Meeting Dates for CY 2026 BACKGROUND Please review the following list of dates proposed for Calendar Year 2026 Board of County Commissioners Regular Meetings. January 13, 2026 January 27, 2026 February 10, 2026 February 24, 2026 March 10,2026 March 24, 2026 April 7, 2026 April 21, 2026 May 5, 2026 May 19, 2026 June 2, 2026 June 16, 2026 August 4,2026 August 18, 2026 September 1, 2026 September 15, 2026 October 6, 2026 October 20, 2026 November 3, 2026 November 17, 2026 December 1,2026 December 15, 2026 With the end of the calendar year quickly approaching, Staff seeks the Board's approval of the proposed dates or guidance to revise them. Additional factors to take into consideration are the dates of the annual conferences for Florida Association of Counties (FAC)and Florida City& County Management Association(FCCMA) which are June 23 -26, 2026, and May 27 - 30,2026,respectively. STAFF RECOMMENDATION Staff recommends approval of the proposed Board of County Commission Regular Meeting dates for the Calendar Year 2026. Indian River County,Florida Page 1 of 1 Printed on 10/16/2025 pow $'Legistarnr INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION PROPOSED 2026 MEETING DATES t4 �ORWI" 9:00 A.M. January 13,2026 June 16,2026 January 27,2026 August 4,2026 February 10,2026 August 18,2026 February 24,2026 September 1,2026 March 10,2026 September 15,2026 March 24,2026 October 6,2026 April 7,2026 October 20,2026 April 21,2026 November 3,2026 May 5,2026 November 17,2026 May 19,2026 December 1,2026 June 2,2026 December 15,2026 Proposed 2026 BCC Meeting Dates 739 1a 3 Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 indianriver.gov MEMORANDUM File ID: 25-1012 Type: Administrators Matters Meeting Date: 10/21/2025 TO: The Honorable Board of County Commissioners THROUGH: John T. Titkanich,Jr., County Administrator FROM: Suzanne M.Boyl1,Human Resources Director DATE: October 14, 2025 SUBJECT: Ratification of Collective Bargaining Agreement between Indian River County Emergency Services District and Indian River County Firefighters/Paramedics Association,Local 2201, IAFF Effective October 1, 2025 through September 30, 2027 BACKGROUND The current Collective Bargaining Agreement between the County and the Indian River County Firefighters/Paramedics Association, Local 2201, IAFF expired on September 30, 2025. On October 7, 2025, the County and the Union tentatively agreed on a successor Agreement and fmalized the contract language in that agreement on October 13, 2025. The Tentative Agreement is effective October 1, 2025 through September 30, 2027. The proposed Agreement was submitted to the Union membership and ratified by the Union and is presented to the Board of County Commissioners for approval. Attached for your consideration are the proposed changes that have been agreed upon by the parties. The new Agreement has a duration of 2 years. Highlights of the agreement include: • FY 25/26 4%general wage increase effective the first full pay period in October 2025. • FY 26/27 4%general wage increase effective the first full pay period in October 2026. • Eligible bargaining unit employees will advance to the next step in the pay plan effective the first full pay period of April 2026 and 2027 of each year of the Agreement(approximately 2.8% each year). • Annual paramedic incentive (paid biweekly) will increase from $6,000 to $6,500 beginning with the first pay period in October 2025 and increase to $7,000 beginning with the first pay period in October 2026. • Implementation of a three-week Kelly Day reducing the biweekly work week average from 104 hours to 96 hours (from 2704 annual hours to 2496 annual hours) while maintaining the same annual base pay amount. Implementation to occur by March 27, 2026. Nineteen (19) additional Fire-Medics will be hired and trained. Increase in the number of Special Operations incentive slots, increase in the incentive amount, and adding a second-tier group of Special Operations incentives. • Addition of$2 per hour Rescue Sergeant Incentive Pay. Indian River County,Florida Page 1 of 2 Printed on 10/16/2025 pow749 LegistarT' • Addition of$2,500 annual incentive (paid biweekly) for dual certified employees who work a non-shift position. • Increase in Tuition Assistance from$50,000 to $75,000 to include tuition reimbursement for employees who successfully complete a paramedic program and attain Florida Paramedic certification after ratification of this Agreement in an amount up to $5,000.00 of tuition reimbursement. The full Agreement incorporates the negotiated changes as well as the remaining articles of the Agreement which remain unchanged and will be executed by the Chairman upon approval by the Board. BUDGETARY IMPACT The total anticipated cost of the proposed agreement is estimated to be $10,654,148.57 over the two-year period. Funding for the first year of the Agreement is projected to cost approximately $4,619,102.39. Funding will come from Emergency Services/Fire Rescue/Reserve for Contingency account,number 11412022-099910. Funding for the second year will be included in the FY 26/27 Fire Services budget. STAFF RECOMMENDATION Staff respectfully recommends approval of the Agreement and requests that the Board of County Commissioners authorize its Chairman to sign the full Agreement. Indian River County,Florida Page 2 of 2 Printed on 10/16/2025 pow? ly legistarTm COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1, 2025 - SEPTEMBER 30, 2027 742 TABLE OF CONTENTS Page ARTICLE 1 AGREEMENT 1 ARTICLE 2 RECOGNITION 2 ARTICLE 3 MAINTENANCE OF STANDARDS 3 ARTICLE 4 CONTRACT APPLICATION 4 ARTICLE 5 SEPARABILITY 5 ARTICLE 6 UNION ACTIVITY 6-7 ARTICLE 7 PAYROLL DEDUCTION OF DUES 8 ARTICLE 8 BULLETIN BOARDS 9 ARTICLE 9 RULES AND REGULATIONS 10-11 ARTICLE 10 MANAGEMENT RIGHTS 12-13 ARTICLE 11 NO STRIKE CLAUSE 14-15 ARTICLE 12 GRIEVANCE PROCEDURE 16-18 ARTICLE 13 ARBITRATION 19-20 ARTICLE 14 UNIFORMS AND EQUIPMENT 21-22 ARTICLE 15 SAFETY AND HEALTH 23-24 ARTICLE 16 HOURS 25-27 ARTICLE 17 STAFFING 28-29 ARTICLE 18 VACANCIES AND PROMOTIONS 30-35 ARTICLE 19 SHIFT EXCHANGE 36-37 ARTICLE 20 SUBSTITUTE EMPLOYMENT 38 ii 743 TABLE OF CONTENTS (CONTINUED) Page ARTICLE 21 WORKING OUT OF CLASSIFICATION 39 ARTICLE 22 TRANSFERS 40 ARTICLE 23 PERSONNEL REDUCTION 41 ARTICLE 24 BEREAVEMENT LEAVE 42 ARTICLE 25 HOLIDAYS 43 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 44-49 ARTICLE 27 INSURANCE BENEFITS 50 ARTICLE 28 ANNUAL LEAVE 51-53 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 54 ARTICLE 30 COURT DUTY 55-56 ARTICLE 31 SCHEDULING 57-59 ARTICLE 32 MILEAGE ALLOWANCE 60 ARTICLE 33 INCENTIVE PAY 61-64 ARTICLE 34 SALARIES 65-66 ARTICLE 35 EQUAL EMPLOYMENT POLICIES 67 ARTICLE 36 DURATION AND RENEWAL 68 SIGNATURE PAGE 69 744 ARTICLE 1 AGREEMENT 1.01 This Agreement is entered into between the Indian River County Emergency Services District,hereinafter referred to as the Employer,the County,the Fire District,the District, the Fire Department or the Department; and the Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F., hereafter referred to as the bargaining unit or Union. 1.02 The parties realize that Indian River County has the responsibility of administering the Emergency Services District. 1.03 Whenever an action is required to be performed by a particular person, by virtue of that person's office,that action may be performed by a properly authorized deputy or designee. 1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as including the words "she","her", or"hers". 1 745 ARTICLE 2 RECOGNITION 2.01 Pursuant to Chapter 447, Florida Statutes,the County recognizes the Union as the exclusive bargaining agent for all employees of the County in the following classifications: Firefighter EMT,Driver/Engineer,Training Officer,Fire Investigator,Captain,EMS Field Supervisor, Rescue Sergeant, Fire-Medic, Paramedic I, Captain Fire Investigator (both civilian and sworn), Captain Fire Inspector (both civilian and sworn), Lieutenant Fire Inspector (both civilian and sworn), Fire Inspector (both civilian and sworn), Fire Administrative/Training Captain, Fire Administrative/Training Lieutenant, Fire Administrative/Training Officer,EMS Administrative/Training Captain,Fire Captain,and Fire Lieutenant. 2.02 The Union and the County reserve the right to file with P.E.R.C. for a clarification of the bargaining unit at any time. Further, the parties agree to file a joint UC Petition to clarify the unit as reflected in 2.01 above. 2 746 ARTICLE 3 MAINTENANCE OF STANDARDS 3.01 The employer will not unilaterally change, except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this Agreement. 3.02 Article 3.01 notwithstanding,the provisions of this Agreement and/or pre-existing working conditions, other than monetary provisions, may be temporarily suspended in response to the formal declaration of a federal, state or local emergency or disaster. 3 747 ARTICLE 4 CONTRACT APPLICATION 4.01 This contract and its interpretation, application, enforcement, and performance shall in all respects be governed by the laws of the State of Florida, ordinances and resolutions of the District and the Department of Emergency Services regulations. 4 748 ARTICLE 5 SEPARABILITY 5.01 The parties hereto agree that should any article, section or paragraph of this Agreement be declared by a court of competent and final jurisdiction in the premises to be unlawful, invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the validity and enforceability of any other article, section or paragraph hereof, and the remainder of this agreement shall remain in full force and effect. In the event any article, section or paragraph of the Agreement is lawfully declared invalid, the Employer and the Union shall meet immediately to negotiate a replacement article. 5 749 ARTICLE 6 UNION ACTIVITY The provisions of this Article shall be in conjunction with, and not in addition to,the provisions of the Supervisory Bargaining Unit Agreement. 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non-membership, participation, or non- participation in any Union or organization. 6.02 The Union President or Secretary,or alternate shall be allowed up to three(3)weeks' time off to attend a union seminar,conference or convention. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. 6.03 Up to four(4) members of the Union's Negotiations Team shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union President will advise the County of the designated negotiating team by February 1 of the year the contract expires. Such time off will only be allowed when working hours of the Employee conflict with the bargaining unit negotiations. The four(4)members of the Union's Negotiations Team who were allowed time off with pay shall return to duty immediately upon the conclusion of all bargaining meetings. 6.04 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor-Management Committee, which shall consist of not more than three (3) members designated by the Union and three (3) members designated by the Fire Chief. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department,but outside the bargaining unit as herein defined. Nothing herein requires-the attendance of the Director of Emergency Services or the Union President at any Labor-Management Committee meeting. 6.05 This Labor-Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Fire Chief. 6 750 6.06 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.07 An agenda,listing the items for discussion,will be forwarded by the party requesting such meeting to the other party no later than three(3)days prior to the meeting. 7 751 ARTICLE 7 PAYROLL DEDUCTION OF DUES 7.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those employees who have signed individual notarized authorization cards for deduction of said dues and assessments. Said authorization cards shall be periodically certified to be current by the Union. The Employer shall remit said collections monthly to the duly designated officer of the Union. 7.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims and/or judgments against the Employer and/or Union based upon any check-off of union dues, fees, or assessments. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part on any check-off of union dues, fees or assessments. The Union shall defend the said claim,action,suit,or proceedings at its own cost and without expense to the Employer, even if such claim, suit, action, or proceeding is false, groundless, or fraudulent. 7.03 An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check-off deduction beginning with the month in which such change in employee status occurs. 7.04 The Employer shall not be required to collect union dues in arrears. Any change in dues made by the Union will become effective after a thirty(30)day written notice by the Union to the Employer. An employee may revoke authorization for dues deduction at the employee's request upon 30 days' written notice to the County and Union. 7.05 The Employer shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the Employer by the Union for violation of this agreement, as determined by a court, arbitrator, or other entity of competent jurisdiction. 8 752 ARTICLE 8 BULLETIN BOARDS 8.01 The Union may have a bulletin board in each Emergency Services station for the posting of notices. 8.02 All materials placed upon the bulletin board by the Union will be on official IAFF letterhead and signed by the Union President or designee. The Fire Chief or designee shall be furnished with a copy of any material to be posted prior to posting. 8.03 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the County or any of its elected or appointed officials or employees. 8.04 Material placed upon the bulletin board which fails to comply with, or violates, the foregoing may be immediately removed by the County, and the employee who placed the material may be subject to disciplinary action. 9 753 ARTICLE 9 RULES AND REGULATIONS 9.01 Employees shall observe the District Personnel Rules and Regulations and Standard Operating Procedures and amendments thereto, except that the disciplinary action appeals procedures contained in the District Personnel Rules and Regulations shall not apply to bargaining unit employees. Failure of employees to comply with these rules and procedures may result in disciplinary actions pursuant to the above cited rules and regulations. 9.02 The Employer has the right to reprimand, discharge or otherwise discipline employees for just cause. 9.03 Should the Employer exercise its right to amend or modify the Department Personnel Rules and Regulations or Standard Operating Procedures, a digital copy of any such new (or amended)rule, regulation,policy, or procedure shall be provided to the Union at least ten (10) business days prior to implementation. Nothing herein shall restrict the Employer from implementing any new (or amended) rule, regulation, policy, or procedure prior to the expiration of ten (10) business days if operational necessity requires such earlier implementation. The union shall have the right to bargain over the negotiable impacts of the exercise of the employer's rights prior to implementation in accordance with applicable law. 9.04 It shall be the Employer's duty to see that all bargaining unit members are provided a digital set of the applicable Rules and Regulations and Standard Operating Procedures and future amendments. Copies of additional sets will be available digitally to the employee requesting them. 9.05 Bargaining unit employees shall immediately notify the Fire Chief when an information has been filed by a prosecuting official against him/her,when indicted by a Grand Jury,or when arrested, for any offense or violation of law. The Fire Chief shall determine if it is in the best interests of the County to: 10 754 1) Retain the employee in his/her regular position; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial,acquittal,dismissal,conviction,or other judicial action; and/or 3) Place the employee on leave without pay until such time as any charges are disposed of by trial,acquittal,dismissal,conviction,or other judicial action; and/or 4) Initiate disciplinary action up to and including termination. In the event that the employee is retained pending resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job-related offense or any offense that would adversely impact the County or the employment status of the employee, or which would cause the County to be held in disrepute, the employee shall be terminated from employment. In the event that the employee is retained pending the resolution of the charges and is acquitted of all charges, or the indictment is dismissed for insufficient evidence, the Fire Chief shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice. The initiation or continuation of an investigation and disciplinary process under this paragraph shall be limited to any conduct related to the criminal case that is either not charged or dismissed pursuant to plea agreement. 11 755 ARTICLE 10 MANAGEMENT RIGHTS 10.1 Except as specifically restricted by the provisions of this Agreement,the County reserves and retains all rights, powers, prerogatives and authority customarily exercised by Management. 10.2 Except as specifically restricted by the provisions of this Agreement, the County has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the County specifically,but not by way of limitation,reserves the sole and exclusive right to: A. Exercise complete and unhampered control to manage, direct, and totally supervise all employees of the County; B. Decide the scope of service to be performed,the method of service,and the assignment of work; C. Determine the size and composition of the workforce; D. Determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities, and equipment; E. Hire and/or otherwise determine the criteria and standards of selection for employment; F. Determine the number,classification, grade, and types of positions; G. Fire, demote, suspend, or otherwise discipline bargaining unit employees; set minimum performance standards for service to be offered to the public, and set procedures and standards to evaluate the employees' job performance; H. Change, modify or alter the composition and size of the workforce, including the right to relieve employees from duty due to lack of work or lack of funding or any other business and/or operational reason, and recall employees; I. Determine the allocation and content of job classifications (including qualifications and certifications) and determine all training parameters for all bargaining unit positions,including persons to be trained and extent and frequency of training; 12 756 J. Determine whether and to what extent the work required in its operation shall be performed by employees covered hereunder; K. Modify operations, duties, tasks, and/or responsibilities, temporarily or permanently,in whole or in part,due to operational requirements;determine the number, location, and operation of all divisions and all other organizational units; L. Establish, amend, revise and implement any program, policy and/or procedure,provided that such are not contrary to applicable law; M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part,whenever in the County's discretion business and/or operational reasons make such curtailment or discontinuance advisable; N. Contract and/or subcontract any existing or future work; 0. Create, expand,reduce, alter, combine, assign, or cease any job; P. Control the use of equipment and property of the County and determine the number and classification of employees assigned to any shift, station, or piece of equipment; Q. Exercise such other management rights as set forth in Chapter 447, Florida Statutes, and/or as determined by the state or local Public Employees Relations Commission or the courts. 10.3 The above rights of the County are not all-inclusive but indicate the type of matters or rights which belong to and are inherent in the County in its general capacity as management. Any of the rights,powers,and authority that the County had prior to entering into this Collective Bargaining Agreement are retained by the County unless otherwise restricted by a specific_provision of this Agreement. If the County fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the County's right to exercise any or all of such functions. Past practices of the District or Department relating to operations shall not be considered for the purpose of the specific and express limitations on management which are contained in this Agreement. 10.4 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to the extent, such right exists under applicable law. 13 757 ARTICLE 11 NO STRIKE CLAUSE 11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage, picketing in furtherance of any work stoppage,any cessation of work of any kind or degree, curtailment of work, or restriction of performance of duties, or any other interference or stoppage, total or partial, for any reason, which may include but not be limited to alleged violations of this agreement by the Employer. The Union will not authorize, approve, finance, aid,or condone any strike,work stoppage or picketing in furtherance of any work stoppage,by its members or employees it represents on employer or customer facilities or premises in respect to any controversy, disputes or grievances, and the Union will take immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work. 11.02 This article shall apply whether the particular matter arises from or outside of this contract. The application of the article shall not be governed or condoned either in whole or in part with the basis of the strike,work stoppage, slowdown, etc. or whether it may be arbitrated or not. 11.03 In case of violation of this article by an employee acting in the Union's behalf, the Employer shall have the right to: A. Discharge not only the instigators of the strike,but the participants as well, or any of them, at the discretion of the Employer. Allowing employees to work or return to work shall not be considered condonation of their activity in violation of the article. B. Refuse to bargain until the violation(s)cease. C. Obtain an injunction in the State Court restraining the employees and/or the Union from striking and work stoppage, picketing in furtherance of any work stoppage, or any other violation of this article without removal of the complaint to Federal Court; or D. Hold the Union liable for damages resulting here from, including the costs of suits, attorney's fees for litigation and negotiations, settlements, security 14 758 costs, and other costs directly or indirectly attributable to such violation as determined by the P.E.R.C., Circuit or District Court, in determining the amount of damages to be awarded, if any, the Commission or trier of fact shall take into consideration any action or inaction by the public employer that provoked or tended to provoke the strike by the public employees. 11.04 It is further agreed that the providing of fire protection services by the Employer is extremely vital to the health, welfare, and safety of the citizens of the District and any interference with such services is in violation of this article and would constitute a threat of imminent danger to said citizens and possible irreparable harm. The parties agree that should the Union, its members, or persons acting in the Union's behalf, violate this article not to strike, which would also violate the Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a work stoppage or violate this clause in any other manner, and said action would cause the District irreparable injury or damage, and the Employer shall have the right to seek injunctive relief pursuant to Chapter 447,Florida Statutes. 11.05 Employees who refuse to perform the regular duties of their job because of strike,boycott, or picket line in furtherance of any work stoppage,upon the Employer's premises,or at any other place, shall be in violation of this article and subject to layoff or discharge at the discretion of the Employer. Such action shall be a violation of this article, regardless of which labor organization is conducting the strike, work stoppage, picketing or labor dispute. 15 759 ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12.01 Bargaining unit members will follow all written and verbal orders given by superiors even if such orders are alleged to be in conflict with the Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the Grievance. 12.02 A "grievance" is a claimed violation of this Agreement, includingbut not limited to the � �' claim that a discharge or other disciplinary action violated a specific provision of this agreement. No grievance will or need be entertained or processed unless presented in the manner described herein,and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the Union. In either case, the procedure to be followed will be the same. Grievances regarding disciplinary actions shall be initially filed at Step 2. The grievant and management may mutually agree to waive any step. 12.03 Rules of Grievance Processing— A. The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step.An email will suffice as fulfillment of this requirement. B. A grievance presented at Step 1 and above shall be dated and signed by the grievant. A decision rendered shall be written to the grievant, with a copy to the union if it is not the grievant, and shall be dated and signed by the County's representative at that step. C. When a written grievance is presented, the County's representative shall return a dated and signed copy of it at that particular step. 16 1 760 D. A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis of the County's decision most recently given. Failure on the part of the County's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step. E. A written grievance must set forth the following: 1. A complete statement of the grievance and the facts upon which it is based, and all materials related to the grievance shall be submitted at Step 1 of the grievance process. Only that information presented shall be considered during the grievance resolution process. 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. F. The Union will be notified of any grievances filed by its bargaining unit employees. Bargaining unit employees cannot use the District's or County's grievance or appeal procedures for any claims falling within the definition of a grievance herein. STEPS FOR GRIEVANCE PROCESSING If a grievance arises, and is not the result of a decision made at a rank higher than Battalion Chief, the grievant must meet with and discuss the grievance with the Battalion Chief in charge of the shift within ten working days of the event giving rise to the grievance. If the Grievant does not have a Battalion Chief,then the Grievant is to proceed to Step 1. If the Grievant does not have an Assistant or Deputy Chief with which to file a Step 1 grievance, then the Grievant is to proceed to Step 2 within 10 working days of the event giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant,the grievance shall be presented in writing by the grievant at Step 1 (or applicable Step as outlined above) of the grievance procedure within five working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Step 1: The grievant shall present the written grievance to the Deputy Chief(for shift personnel) or Assistant Chief(for non-shift personnel). The Deputy Chief or Assistant Chief shall meet with the grievant,which a union steward or a union representative may accompany if the union is not 17 761 the grievant. The Deputy Chief or Assistant Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 2. Step 2: The grievant shall present the written grievance within five working days from the date of the decision at Step 1 to the Fire Chief. The Fire Chief shall meet with the grievant,which a union steward or a union representative may accompany if the union is not the grievant. The Fire Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved,the grievant may forward the grievance to Step 3. Step 3: The grievant shall present the written grievance within five working days from the date of the decision at Step 2 to the County Administrator or designee. The County Administrator (or designee who is authorized to resolve the issue) shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the Union and only the Union except as provided by law may forward the grievance to arbitration. 18 762 ARTICLE 13 ARBITRATION 13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Submission to arbitration must be made within ten days of the time that the Step 3 decision was rendered;provided,however,this period may be extended upon the mutual agreement of both parties. If the parties fail to agree to the appointment of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of seven arbitrators who reside in Florida. The party requesting arbitration shall strike the first name from the list,and the parties shall thereafter alternate in the striking of names. The party requesting arbitration shall notify the last remaining person on the list of his/her selection as the arbitrator in the case. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Testimony shall be given under oath. 13.02 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post-hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be split equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties subject to any review allowed by law. 13.03 The arbitrator will be confined to the written grievance presented in the initial step of the grievance procedure. Additionally,the arbitrator shall have no authority to change,amend, add to, subtract from,or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement;and may not interpret this agreement in a manner inconsistent with the County's management rights. This Agreement may not 19 763 be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein. 13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question that is presented, which question must be actual and existing. In any arbitration decision resulting in a retroactive adjustment, each adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. In any arbitration decision resulting in back pay to an aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of the bargaining unit members except where the Union refuses to represent an employee as a result of the employee not being a member of the Union. 20 764 ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allocate sufficient funds to provide an initial allotment,and replacement in accordance with Article 14.02, for trousers (style to be determined by management), duty shirts, (short and long sleeve),t-shirts (short and long sleeve)polo shirts, duty boots, hats,job shirts,jumpsuits, caps,badges and name plates. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material,boots,helmets,shatter-resistant face shield,gloves,safety glasses for welding and metal cutting,two (2)protective hoods and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. Replacement items will be ordered within seven (7) business days of being reported lost by the employee or identified by management as worn or damaged,unless purchasing requirements necessitate additional time constraints, in which case the items will be ordered as soon as reasonably possible. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer,upon request,will provide each employee with a mattress protector. 14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars($200.00)and up to One Hundred Dollars($100.00)for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Fire Chief. 21 765 14.05 The Employer shall provide and maintain a heavy-duty washer and dryer for the purpose of laundering at all stations and shall also provide a heavy-duty extractor at all permanent stations. 14.06 The Employer shall provide storage facilities at each station based on budget requests, to house the protective clothing of firefighters assigned to that station without exposure to diesel exhaust. 22 766 ARTICLE 15 SAFETY AND HEALTH The provisions of this Article shall be in conjunction with, and not in addition to,the provisions of the Supervisory Bargaining Unit Agreement 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of three Union representatives and three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. The committee may make recommendations regarding behavioral and mental health. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Sections 112.181, 112.1815, 112.1816, Florida Statutes and 29 CFR 1910.134 (OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a tobacco free fire service,as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally,all bargaining unit employees hired after October 1,2000, shall abstain,both on and off duty, from the use of tobacco products. 23 767 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who request to be immunized at the approval of the Medical Director and Fire Chief as follows: Tetanus (every ten(10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide an annual physical for each employee. This physical shall include, at least the same testing as is done for newly-hired employees, except that chest x-rays need not be given more than every three(3)years. The results of the physical shall be provided to the employee.- The Fire Chief or designee shall only be provided written notice indicating whether or not an employee has any working restrictions, otherwise the results of any physical shall be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug-Free Workplace Program as adopted by the County for all required testing positions. 24 768 ARTICLE 16 HOURS 16.01 A. Non-shift employees shall normally be assigned to a 37 %z hour work week and shall be paid time-and-one-half for all hours worked outside their regularly scheduled work hours. Shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty. Effective March 27, 2026, or as soon as practicable after completion ratification of this agreement by both parties,the FLSA work period shall be changed from a twenty-eight(28)to twenty-one(21)day work period. Shift employees shall be paid time-and-one-half for all hours worked outside of their regularly scheduled work hours. Overtime shall be calculated in accordance with current practice. B. Non-fire certified ALS shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time and one half for all hours worked in excess of 40 hours in their 7-day work period. C. Biweekly pay will be based on pay averaging. Until implementation of the 21- day work period, the biweekly average is 2704/26 = 104 hours. Thereafter,the biweekly average will be 2496/26=96 hours. 16.02 Until March 27, 2026, or as soon as practical after complete ratification of this Agreement by both parties, all FLSA 207(k) exempt shift employees will be granted a regularly scheduled unpaid day off known as a Kelly Day every fourteen (14) regularly scheduled shifts (every six (6) weeks). Thereafter, all FLSA 207(k) exempt shift employees shall be granted a regularly scheduled unpaid Kelly Day every seven(7)regularly scheduled shifts (every three weeks). Prior to the implementation of the three-week Kelly Days, there shall be a Kelly Day selection process, utilizing the County's electronic scheduling software, whereby Kelly Days shall be selected based on classification seniority (total consecutive years or partial years of service in an employee's then-current classification). Thereafter,the same Kelly Days selection process will occur each October with new selections becoming effective 25 769 with the first work cycle beginning on or after January 1 of that calendar year. If an employee is moved from one position or shift to another, the employee must select from among the available Kelly Days for the new position or shift. Daily Kelly Day position slots will be determined by Department policy created and updated by mutual, written agreement between the Fire Chief and Union President. In the event that mutual agreement cannot be reached, the Fire Chief retains the management right to make a final determination. In connection with the selection of any Kelly Day,if there is a tie in classification seniority, department seniority(since most recent date of hire) shall be used to break the tie. In the event a tie remains,earliest date of application for employment in the Fire Department shall prevail. Employees on light duty,while assigned to an administrative shift(i.e.,37.5 hours,Monday - Friday), shall not be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday, in which case it will be taken on the next scheduled work day. While on light duty, 8 hours of leave shall continue to be charged for full day absences and hour for hour for partial day absences. 16.03 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The Fire Chief or designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 16.04 Non-shift employees assigned to a 37 'A hour workweek may,with the approval of the Fire Chief or designee,flex their time within a workweek so long as the flex is completed in the same workweek and does not cause or result in overtime. 26 770 16.05 Department personnel will be responsible for general station maintenance, including but not limited to, cleaning, interior painting, grounds keeping, weeding,hedge trimming and basic sprinkler maintenance,but not mulching or other yard/lawn maintenance. 27 771 ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of personnel at each station and sub-station during each shift. The parties agree that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The parties also agree that having two paramedics on each rescue is preferred over having one paramedic on a rescue. While the assignment of a Firefighter EMT in place of a second Firefighter Paramedic is permitted, such assignments will only be made on operational need. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than eight(8)hours per shift with the exception of approved in house, on duty education and vacancies that occur at or after 2200 hours where the County determines it will not fill the vacancy. 17.02 The County will allow seven (7) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave. The County will allow three (3) day-shift employees per Bureau (Training and Prevention) off per day. Any additional employee leave may be granted only with special approval of the Fire Chief. All leave shall be requested and scheduled via the County's electronic scheduling software. 17.03 The County shall maintain an electronic scheduling software. 17.04 Single role paramedics shall receive six (6) PT shifts per fiscal year. Non-shift, dual certified personnel shall receive ten(10)PT days per fiscal year. Non-shift personnel who are not dual certified shall receive ten (10) PT days per fiscal year. PT shifts/days are to be used in the same manner as annual leave. Unused PT days will not carry over from fiscal year to fiscal year and will not be paid out upon separation of employment. 17.05 A. The County will conduct a bid process to go into effect on March 27,2026,or later, depending on the contract ratification date, for purposes of determining work locations for the term of the contract, for all promoted positions. Each classification of promoted employees shall bid separately. Promoted employees shall be allowed to bid for each seat 28 772 in their classification on each unit in operation as of the date the bid process begins so long as the employee is qualified to work in that seat. Classification qualifications will be determined by the Department. Bids shall be awarded by classification seniority (total consecutive years or partial years of service in an employee's then-current classification). In the event no qualified employee bids to work in a seat, the least senior qualified employee shall be assigned to the seat. B. Seat assignment bids per 17.05 (A) shall be conducted every twelve (12) months. The initial bid will go into effect March 27, 2026,with the implementation of the three (3) week Kelly Day. The station bidding policy shall be created and updated by mutual written agreement between the Fire Chief and Union President. In the event that mutual agreement cannot be reached, the Fire Chief retains the management right to make a final determination. 29 773 ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Fire Chief. Should the Fire Chief decide to fill the vacancy,the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit positions shall be held during the months of August and September. The Fire Chief, after consultation with the Union President may hold promotional examinations at another time should the need arise. 18.03 The Assistant Fire Chief of Training shall rank all of the candidates, and shall forward the entire list of ranked candidates to the Fire Chief. The rankings shall be determined based upon the point system formulated in this Article. In order to be eligible, a candidate for the rank of Driver/Engineer shall have at least three (3) years of service with the Department as a Paramedic Firefighter; a candidate for Rescue Sergeant shall have at least three (3) years of service with the Department as a Paramedic Firefighter and at least one (1) year as a protocoled and released Paramedic authorized to operate as such by the Medical Director, and a candidate for the rank of Lieutenant shall have at least three (3) years of service with the Department as a Driver/Engineer and/or Rescue Sergeant. The Fire Chief shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made, the list shall automatically reset to advance the next highest-ranked candidate to the top three. In the event there are fewer than three employees on the promotional list,or the list is exhausted, the Fire Chief shall have the authority to appoint an employee who is not on the promotional list that the Fire Chief believes, in his discretion, is most qualified for the position; provided that the employee selected must be qualified to work out-of- classification for the position. In appointing an employee who is not on the list, the Fire Chief shall consider the employee's job performance,disciplinary actions,college degrees, additional training courses, certifications, leadership, attitude, attendance, and seniority. No appointed employee shall be forced to accept a promotion. All personnel to be 30 774 considered for promotion shall be a protocoled Paramedic authorized to operate as such by the Medical Director. 18.04 If a bargaining unit position vacancy exists in an Administrative/Training Captain or Lieutenant, the Fire Chief will appoint a candidate or approve a selection process to fill such a vacancy. 18.05 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer. 18.06 Newly hired employees shall serve an initial probationary period of one year. Newly hired Firefighter/EMT employees who do not possess paramedic certification are required to attain the paramedic certification within the initial thirty-six (36) month probationary period and will serve an additional probationary period not to exceed twelve (12) months from the date of receiving paramedic certification. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. Newly hired employees who do not possess Paramedic certifications shall only receive a cost-of-living adjustment if any and will NOT receive any available step increases until such time they are certified by the State of Florida as a Paramedic. 18.07 Employees who are promoted shall serve a promotion trial period of twelve months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified,the employee will be placed in a lay-off status with recall rights. 31 775 18.08 Fire Inspectors who have at least three(3)years of experience in the Fire Prevention Bureau with Indian River County Emergency Services may be appointed and promoted to Lieutenant Fire Inspector,when a vacancy exists. 18.09 The following promotional process shall be followed: RAW SCORES: EXAM SCORES TOTAL SCORE (300 Points max): Multiple choice written test 100 Points max Practical scenario test 200 Points max TOTAL MAXIMUM RAW SCORE 300 Points A minimum raw score of 230 points will be required for placement on the promotion list. The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score an 70% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for promotion. At least 90 days prior to the exam, candidates will be provided a list of source materials from which the questions on the exam will be drawn. For Officers, the practical test will be comprised of scenario-based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Rescue Sergeant,the practical test will be comprised of two scenario-based situations(medical and trauma scenarios). For Driver/Engineers, the practical test will be comprised of two scenario- based situations (driving and pumping)that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the current SOPs/SOGs and policies, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum 32 776 score for the practical test is 200 points. An employee who does not score an 80% (or greater)on any portion of the practical test will not be considered for the promotion. Protest Procedure: The proper procedure for protesting the written exam shall be announced prior to starting the exam and shall include the following: (a)Item not from the reading list; (b)No correct answer available; or(c)More than one correct answer. All protests must be noted at the conclusion of the exam,which shall not be considered concluded until after the review.No candidates are to be involved in the discussions related to the resolution. If a protest is determined to be valid, the affected item shall be removed from the test for all candidates. All protests shall be resolved by the Training Bureau within three(3)business days of the conclusion of the exam. Candidates will be given one (1) chance to appeal the performance-based component of the promotional process. Candidates can appeal a procedural error or method error on the day of the performance-based component. 18.10 Once the raw scores(written and practical scenario test)are determined,the Assistant Fire Chief of Training will issue additional points based upon departmental service and education as outlined below. The Fire Chief reserves the right to interview the top three (3) candidates. DEPARTMENTAL SERVICE (5 Points max) Total years of service completed; credit is one-half(0.5)point per full year. Total years in rank completed; credit is one-half (0.5) point per full year. For promotion from Firefighter to Driver/Engineer or Rescue Sergeant,only total years of service points will be credited. For transfer from one of Driver/Engineer or Rescue Sergeant to the other, additional years in rank points of one-half(0.5)point will be credited for time in either rank. For promotion from Driver/Engineer or Rescue Sergeant to the rank of Lieutenant, additional years in rank points of one-half(0.5) points will be credited for time in Driver/Engineer and/or Rescue Sergeant rank. For promotion 33 777 from Lieutenant to Captain, additional years in rank points of one-half(0.5)point will be credited for time served as a Lieutenant. Maximum score for Service is five(5)points. EDUCATIONAL POINTS FOR COLLEGE DEGREES (8 points max): BS OR BA or greater department related, 8 additional points added to final grade. AS OR AA department related,4 additional points added to final grade. Degrees shall be considered department related if eligible for the Firefighters Supplemental Compensation Program. This process to assess degrees will be outlined in Department Policy. In the event there is still a tie based on final scores computed from the formula contained in this Article, the Assistant Fire Chief of Training will review the resumes of the tied employees to include the following factors: job performance evaluations, disciplinary actions, working out of classification, composition of applicants' college degrees, additional training courses, and certifications. The top three (3) candidates updated resumes will then be presented to the Fire Chief for consideration and to determine the promotion. CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications will be reviewed and either approved or rejected by the Assistant Fire Chief of Training. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the Assistant Fire Chief of Training,including any course with a course number assigned by the State Fire Marshall that is at least 32 hours in length. All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The Assistant Fire Chief of Training shall review all education courses/certifications to be used for consideration.It is the responsibility of the employee to ensure that copies of all pertinent certificates are in the training file. 34 778 It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there,it shall not be considered. 35 779 ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement, employees may exchange shifts up to 312 hours per fiscal year when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Fire Chief or his designee. In the event an employee is unable to work due to injury, illness, or disability, and has exhausted the 312 hours, the Fire Chief may, in his discretion, allow additional hours. Written requests will be submitted to the Fire Chief. 19.01.1 The Fire Chief may provide a carve out for education. 19.01.2 The Union President may assign up to seventy (70) full or partial standby arrangements (in conjunction with, and not in addition to, the Supervisory Bargaining Unit Agreement). 19.01.3 Standby arrangements are subject to the limitations in Section 19.02; provided, however,that an employee of equal classification who has equal or higher qualifications shall be permitted to work the standby arrangement. 19.01.4 Standby arrangements under this Agreement shall only be used for the following: A. Executive Board Meetings (limited to Local 2201's four principal officers and Local 2201's shift stewards). B. General Union Meetings noticed to Local 2201's members. C. CBA negotiations with the District/Indian River County, including impasse hearings. D. Grievance step meetings and arbitration hearing under the CBA. E. Public meetings of the Indian River County Board of County Commissioners (limited to Local 2201's four principal officers). F. Conferences, conventions, and seminars relating to union activity. G. Charitable community events and fundraisers organized by or for the benefit of a bona fide Section 501(c)(3)non-profit organization, excluding any and all forms of political activity. 36 780 H. Meetings with Local 2201's attorneys regarding District/Indian River County union matters. I. Florida PERC proceedings in which Local 2201 is a party. 19.01.5 The seventy (70) full or partial standby arrangements referenced in this Agreement, are the maximum number allowed per fiscal year, and any unused standby arrangements shall not be rolled over to the following fiscal year. 19.02 The exchanging employees shall both be of equal classification or both qualified to work in each other's classification. Exchanging employees may be required to work in their highest qualified capacity. Shift exchanges must be completed by both parties within twelve(12)months of the initial exchange. Exchanges beyond twelve(12)months will be granted related to pregnancy or illness/injury. Other issues will be granted on a case-by- case basis at the discretion of the Fire Chief or designee. 19.03 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick,with no additional pay added for the leave. 37 781 ARTICLE 20 SUBSTITUTE EMPLOYMENT 20.01 The Employer agrees not to use, assign or detail members of the bargaining unit as substitute employees to perform non-Emergency Services duties except where lives or property are in imminent danger. 20.02 Bargaining unit employees shall inform the Fire Chief, in writing, of any outside employment. Outside employment which interferes, or is incompatible, with County employment may be denied. No outside employment shall be performed less than eight (8)hours prior to the start of an employee's assigned shift. 38 782 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.01 An employee required to work temporarily at a rank higher shall receive$2.50 per hour for the period of time the employee actually works (excluding any periods of leave) worked out of classification. On-duty qualified employees whose name appears on the eligibility list (where they exist) for promotion to the next rank shall be chosen first to work out of classification.Employees having completed their promotional trial period may work out of classification if qualified by the Training Department. 21.02 Employees will be required to work out of classification if qualified when directed by the department. 21.03 To continue to be qualified to work out of classification, employees must demonstrate proficiency on an annual basis, either through participation in the promotional process or completion of assigned training activities. Necessary training activities will be identified by the Assistant Fire Chief of Training and/or the Assistant Fire Chief of EMS. 39 783 ARTICLE 22 TRANSFERS 22.01 Employees may be allowed, at the discretion of the Fire Chief or designee, to transfer between combat, fire prevention, and administrative training, rank to rank, if a vacancy exists, provided the employee has the minimum qualifications for the position. In such a case, the employee shall be paid at the same pay step in the day shift pay plan commensurate with the position to which the employee has been transferred. 22.02 Bargaining unit employees may be transferred, at the discretion of the Fire Chief or designee, to any fire rescue position and/or shift within the Department. In such a case, the employee shall be paid at the same pay step in the applicable pay plan commensurate with the position to which the employee has been transferred. 40 784 ARTICLE 23 PERSONNEL REDUCTION 23.01 If a personnel reduction is necessary,the Employer shall determine the number of employees and jobs affected in the bargaining unit and retain employees on the basis of job qualifications,length of uninterrupted services as a full-time employee (seniority), and job performance. Other factors being equal in the Fire Chief's judgment, seniority, as defined above, shall prevail. Laid-off employees will be recalled within two(2)years of the employee's lay-off date before new employees are hired for future vacancies in the Fire Department,however,the laid-off employee must meet, as a minimum,the basic qualifications (i.e.,Fire Standards Certification is current,EMT is active,Fire Inspector certification is current(if applicable), and/or Paramedic License is active)they held at the time of their separation. Recalled single-role employees will not be required to enter into an employment agreement to become dual certified if recalled within the two-year period. 23.02 Laid-off employees shall retain seniority in the Fire Department for a period of two (2) years after lay-off. 23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause, immediately upon the employee's last day in a work status. An employee shall be considered a voluntary quit if the employee is absent three (3) consecutive duty shifts without prior approval from, or notification to,the Fire Chief or designee. 41 785 ARTICLE 24 BEREAVEMENT LEAVE 24.01 Regular full time bargaining unit employees covered by this Agreement shall be granted up to two shifts of leave with pay, or three (3) consecutive working days for those not on a 24-hour shift,for death in their immediate family without charge to medical leave,annual leave, holiday time, or other accumulated time, subject to the terms of the applicable District Rules and Regulations. At the discretion of the Fire Chief or designee,employees may split up the two shifts of leave with pay. All bereavement leave must be completed within 90 days of the date of death. If bereavement leave is not utilized on consecutive shifts/work days immediately following the notification of death and is later scheduled to be used on a holiday,the leave must be approved by the Fire Chief. 24.02 For the purpose of this article,the immediate family shall include parents and step-parents, spouse, children and step-children, grandmother, grandfather, grandchild, brother, sister, step-sister, step-brother, mother-in-law, father-in-law, son-in-law, daughter-in law, sister- in-law,brother-in-law, or legal guardian of the employee. 24.03 Employees shall be required to provide documentation within 90 days supporting their request for bereavement leave. 42 786 ARTICLE 25 HOLIDAYS 25.01 The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy. 1. New Year's Day 2. Martin Luther King,Jr. Day 3. Good Friday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Friday after Thanksgiving Day 10. Last working day before Christmas 11. Christmas Day 25.02 Non-shift employees shall be given time off with pay for the above holidays on the County observed day. If a non-shift employee works the holiday, the employee shall be paid the overtime rate at time and one-half for the time worked. 25.03 Shift employees not required to work on a holiday, which includes those off on a Kelly Day,will receive twelve(12)hours pay at their regular rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive twelve (12) hours of overtime pay, as holiday pay, in addition to their twenty-four (24) hours of regular pay. 25.04 An employee must be on active pay status, or approved leave on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time. 43 787 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non-shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day(12 hours)per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12-hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Fire Chief that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise,evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Fire Chief. Employees falling under this paragraph are responsible for and will be required to submit a medical release note within two (2) shifts or work days of returning to work. Failure to do so will result in disciplinary action. Abuse of leave shall be defined as two occurrences in a 30-day period. For shift employees, each shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ACCRUAL A. For employees hired before the beginning of the first pay period after May 25,2015, medical leave may be accumulated for a total of no more than 1200 hours at the employee's anniversary date. 44 788 B. For employees hired on or after the beginning of the first pay period after May 25, 2015,medical leave shall not exceed 600 hours at any time. 26.04 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury,pregnancy or illness not connected with work. B. Medical,dental,optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five(5)working days a year may be taken for this purpose without approval of the Fire Chief(see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.05 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave,the employee shall notify the employee's immediate supervisor or Fire Chief prior to or as soon as possible after the time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department (Call Out) within the time limit established by the Fire Chief. B. Once an employee calls out on medical, such leave cannot be cancelled unless authorized by the Fire Chief of designee. C. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification within two(2)shifts of returning to work. D. Use of medical leave shall not be permitted after submission of an employee's resignation (which shall not include retirement or entry into the DROP). A resignation submission date will act as a timestamp, all medical leave occurrences requested after the resignation date will be drawn from the employee's annual 45 789 leave,unless approved by the Fire Chief or designee. If the employee has no annual leave available, and is not approved by the Fire Chief or designee for use of sick leave, the employee shall be placed in a no-pay status during any medical leave. The provisions of this subsection shall not apply to employees who submit their resignation in connection with entry into retirement,including entry into the DROP. E. Any request for scheduled medical leave authorized under Article 26.04 (B) shall be requested 72 hours in advance. Cancellation of scheduled medical leave must be submitted at least 24 hours in advance unless authorized by the Fire Chief or designee. 26.06 CHARGING LEAVE A. For shift employees, medical leave time shall be charged to the employee in 12- hour increments unless the employee has requested approval 72 hours in advance and received approval from the Fire Chief or designee to use less than 24 hours. B. For shift employees who have received approval for less than 12-hour increments, medical leave will be charged in not less than one (1) hour minimum period for time less than one (1)day. C. For non-shift employees, medical leave time shall be charged to the employee on an hour for hour basis for approved absences. No more than one absence per work day may be charged. 26.07 RETURNING FROM MEDICAL LEAVE A. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty at least 24 hours prior to reporting to work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 46 790 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Employees hired on or after May 25, 2015 and who have ten or more years of service with the County at the time of separation, shall receive 100% of the base rate of pay for one-half of all unused medical leave,up to a maximum of 300 hours, upon retirement or death. B. Employees hired prior to May 25, 2015 shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of 1200 hours, upon retirement in accordance with existing retirement plans or death. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation,provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Fire Chief will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11,if the disability leave is approved,the first seven(7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total 47 791 compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. F. At any time during the period of disability,any case may,upon request,be reviewed by an authorized County physician who shall provide the Director of Emergency Services with an assessment on the likelihood of the employee returning to work. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities,if approved by the Fire Chief, after a request for approval of such paid disability has been made by the union president. The Fire Chief's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees who, in the line of duty, incur an illness, injury, or condition that restricts the employee from being able to perform his or her regular duties and responsibilities may be reassigned to a light duty position within the Department so long as: (1)the employee's work restrictions permit such work; and (2)the Fire Chief determines such a position to be available within the Department. Bargaining unit employees shall not be entitled to light or restricted duty for non-duty related illness, injury, or condition(not including pregnancy), except as required by law. 26.13 Bargaining unit employees shall be eligible for Family and Medical Leave, in accordance with, and under the terms of,the Family and Medical Leave Act of 1993 (FMLA). FMLA leave shall run concurrently with all other paid and unpaid leave for FMLA-qualifying 48 792 absences, and all absences from work for FMLA-qualifying reasons, whether paid or unpaid, will be charged against the employees' FMLA leave allotment. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. 49 793 ARTICLE 27 INSURANCE BENEFITS 27.01 The County shall provide insurance for all bargaining unit employees and their dependents in the same manner as the County's general non-bargaining unit employees, including the retiree health insurance subsidy,hospitalization, and medical insurance. 27.02 The County shall maintain in full force and effect,and pay all premiums for,a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. 27.03 Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary,surviving spouse, or estate of the employee as determined by law or by executed forms in the employee's personnel folder. 50 794 ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. 132 hours vacation for shift employees and 75 hours vacation for non-shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. 192 hours vacation for shift employees and 112.5 hours vacation for non-shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, employees shall earn an additional day of vacation up to a maximum of 252 hours per year based on the calculations below CONTINUOUS EMPLOYMENT ANNUAL HOURS EARNED SHIFT NON-SHIFT 11 YEARS 204 136 12 YEARS 216 143.5 13 YEARS 228 151 14 YEARS 240 158.5 15 YEARS 252 166 28.02 For employees hired prior to May 25, 2015, 504 hours may be carried over from year to year; and for employees hired on or after May 25, 2015, 360 hours may be carried over from year to year;however,an employee shall not be allowed more than 360 hours annual leave in a one-half(1/2)year period. 51 795 28.03 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, employer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time,whichever is less, in total. 28.04 Employees with the most time in total service years will be given preference when granting annual leave which shall be scheduled via the County's electronic scheduling software, during the seniority months (November, for January, February, and March; February for April, May, and June; May for July, August, and September; August for October, November, and December). Bargaining unit employees may cancel annual leave that has been approved through the Seniority Month selection process either during the Seniority Month in which it is granted, or at any time up to six (6) weeks prior to the date that the annual leave is to be taken, whichever is greater. Annual leave that has been approved through the Seniority Month selection process may not be cancelled other than as provided in Article 28.04, except as authorized in writing by the Fire Chief, or designee, in his sole discretion. The Fire Chiefs decision to authorize or not authorize the cancellation of annual leave shall not be grievable. Notwithstanding their ability to cancel annual leave as provided in Article 28.04, bargaining unit employees who use the Seniority Month selection process via the County's electronic scheduling software shall continue to be required to use a minimum of one shift of annual leave.Annual leave approved outside the Seniority Month selection process (on a first come, first served basis) may be cancelled with at least twenty-four(24)hours' notice to the County. 28.05 Non-shift employees shall be allowed to utilize leave in one(1)hour increments. 28.06 In circumstances where the leave book is full and a request for annual leave falls outside the standard one-shift submission window, employees experiencing a genuine hardship 52 796 • may request a Hardship Leave. This provision is intended to support members facing extraordinary personal situations that do not qualify for sick leave but require immediate time off. Hardship Leave requests will be considered on a case-by-case basis. Employees must give a description of the hardship. Approval is at the discretion of the Fire Chief or designee, and hardship hours will be taken from the employee's available annual leave hours. 53 797 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 29.01 The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be incumbent upon the Fire Chief to weigh and determine each case on its own merit. Any leave of absence for a period of thirty(30)days or more must have the approval of the Fire Chief. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 29.02 Any employee granted a leave of absence shall contact the Fire Chief at least two(2)weeks prior to the expiration of the approved leave in order to facilitate the reinstatement process. 29.03 Failure to return to work at the expiration of the approved leave shall be considered as a resignation. 29.04 No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 29.05 Leave without pay shall not constitute a break in service,but time off will not be credited toward retirement. 29.06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty(30) days. 54 798 ARTICLE 30 COURT DUTY 30.01 COURT LEAVE A. Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court. This time shall be charged as paid court leave. Remuneration paid by the court shall be turned over to the Employer. B. All permanent full-time employees subpoenaed to attend court on behalf of the Employer are eligible for paid court leave. Any remuneration paid by a third party in conjunction with such appearance shall be turned over to the Employer. C. Those employees who become witnesses, plaintiffs, or defendants in the matters unrelated to the Employer are not eligible for paid court leave. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for paid court leave. D. Nonexempt employees who attend court representing the Employer on their day off will be compensated in accordance with the overtime provision. However,every attempt should be made not to schedule a court appearance on the employee's day off. E. Employees who attend court for only a portion of a regularly scheduled work day are required to report to their supervisor within a reasonable period of time of being excused or released (other than for the night) by court. The failure to so report will be cause for disciplinary action, including termination of employment. Employees released for the night 55 799 who are required to report back to the court following day shall not be required to return to work. G. Employees who attend court on behalf of the County,while on scheduled vacation,may be allowed to take additional leave with pay for the court time. H. In the event a holiday occurs during the period of an employee's jury duty, he or she shall receive pay for the holiday. All court attendance must be verified before an employee shall be compensated. Monies received from court appearances will be turned over to the Employer. 56 800 ARTICLE 31 SCHEDULING 31.01 DISTRIBUTION OF ADDITIONAL HOURS All additional scheduling will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise, using a computer-generated eligibility list or graphical presentation posted daily in real time by the supervisor in charge as a guide for such distribution. In compiling the posted eligibility list,the following conditions will be adhered to: A. All assigned additional hours worked by the employee will be placed on the eligibility list. B. When an employee enters a new classification,the employee will be placed on the eligibility list at the top of the list for the classification. C. If an employee is on approved leave, other than a Kelly Day, they will be offered hours. Employees on approved leave are not subject to mandatory assignments. For distribution of additional hours an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the first scheduled work day after the employee's vacation. D. It is expressly understood that reliable, prompt service is a priority responsibility to the public we serve. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to do so, except as covered in (C) above, will be cause for disciplinary action, including termination of employment. 57 801 31.02 PROPER FILLING OF AND DISTRIBUTION OF ADDITIONAL HOURS A. All distribution of additional hours will be in accordance with Departmental policy. Such policy will be created and updated for operational need by the Administration. In the event that mutual agreement cannot be reached,the Fire Chief retains the management right to make a final determination. B. The Fire Chief may authorize a special event assignment when needed under special circumstances. The staffing of these events will be handled as outlined in Article 31. Mandatory assignments of(4)four hours or more pursuant to this subsection (D) shall be considered an occurrence of mandatory coverage and the affected employee shall be placed at the bottom of the eligibility list. If an employee on mandatory assignment finds a coverage approved by the shift command,then both employees will move to the bottom of the list. 31.03 CALL-OUT AND PREARRANGED SCHEDULING A. When an employee is required to report for work at a time other than the employee's regular work schedule, it shall be considered: 1. A call-out, if the employee has less than twelve (12) hours' notice by the Fire Chief or authorized representative; or 2. Prearranged coverage if the employee has twelve(12)hours or more notice. B. On a call-out, the employee shall be paid a minimum of three (3) hours at time and one-half as time actually worked, except that if the employee is called out before the employee's regular starting time and works through the employee's regular work period, then only time actually worked shall be allowed.Time shall start at time of initial contact(unless the employee fails to report to work within a reasonable period of time after contact, 58 802 whereupon time shall start at a reasonable period of time before appearing at work) for purposes of computing time worked and/or paid and shall end upon sign-off at work headquarters. C. In the case of prearranged overtime,the employee shall be paid a minimum of four (4) hours for 24-hour shift employees and 2 hours for day shift assigned employees (except in the case of meetings,two (2)hours), except if the employee is required to report before the employee's regular starting time and works through the employee's regular work period or is required to continue after the employee's regular quitting time, then only time actually worked or spent in meetings shall be allowed. Pay under this paragraph cannot be converted to compensatory time. D. Noemployee will be called back to work during the employee's vacation period,unless an extreme emergency has been declared. 1. An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3. In the event an employee is called back from vacation out of town, the District will assume all costs involved in transporting the employee to and from the vacation site. 31.04 DISTRIBUTION OF FIRE PREVENTION ADDITIONAL HOURS All distribution of additional hours will be in accordance with Departmental Policy. Such policy will be created and updated for operational need by administration. In the event that mutual agreement cannot be reached, the Fire Chief retains the management right to make a final determination. 59 803 ARTICLE 32 MILEAGE ALLOWANCE 32.01 Employees temporarily assigned from one station to another station necessitating travel between stations will be compensated at the County's reimbursement rate if the employee chooses to use the employee's personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. If the employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the District to provide transportation between stations and back. 32.02 Application for mileage reimbursement and/or travel must be made within thirty (30) calendar days of the reimbursable travel. No mileage reimbursement will be paid in the absence of a timely request. 60 804 ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self-paid the expenses shall be given a pay increase of twelve dollars ($12.00)bi-weekly. 33.02 A. Bargaining unit employees who have completed a total of eighty (80) hours in courses approved by the Fire Chief or designee with the recommendation of the Training Bureau will receive a pay increase of ten dollars ($10.00)bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Fire Chief or designee with the recommendation of the Training Bureau prior to enrollment. There will be a maximum of four (4) eighty-hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this Agreement. 33.03 The incentives offered in this article (from 33.01 through 33.14) shall be available only for employees who have qualified for the particular incentives. 33.04 The Fire Chief or designee with the recommendation of the Assistant Fire Chief of Training will have sole discretion on filling positions for special operations incentive, but must comply with the collective bargaining agreement. The filling of these spots will be determined by the minimum standards associated within each discipline and the availability of rank in each discipline. The employee shall continue to receive the incentive until such time as the employee is no longer qualified for the slot, e.g., the employee promotes to a different rank where no slot is available or loses/drops a required certification, except that the County may remove an incentive for cause. The highest rank which may occupy a slot for special operations is Lieutenant. The Training Bureau with approval of the Fire Chief will establish criteria for sections 33.04 through 33.09. 61 805 33.05 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Field Training Officer and shall receive a pay increase of eighty dollars ($80.00) bi- weekly. There will be a maximum of twelve (12) E.M.S. Field Training Officers in the department. 33.06 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive eighty dollars ($80.00)biweekly. FTO assignment shall be made by management on a fiscal year basis. Employees who are not selected to retain FTO status will not be eligible to continue to receive the biweekly incentive. 33.07 Forty-two (42) Special Operations(Technician Level)per shift consisting of 13 Technical Rescue with a breakdown of 3 Lieutenant, 3 Engineer and 2 Rescue Sergeant, 5 Fire Medics, 5 ARFF personnel per shift (2 Lieutenants, and 3 OOR Engineers or Engineers, 12 Hoz Mat per shift(2 Lieutenants,2 Engineers, 2 Rescue Sergeants,and 6 Fire Medics), 12 Rescue Diver per a shift (2 Lieutenants, 2 Engineers and 3 Rescue Sergeants, 5 Fire Medics) for a total of 126 slots, shall receive forty-five dollars ($45.00) biweekly, so long as they maintain their certifications or are removed in accordance with Section 33.04 above. Additionally, Special Operations will add a second-tier group, which shall be expanded to include up to thirty(30) qualified members who are not currently receiving team pay. These members shall be eligible to receive a bi-weekly incentive of thirty-five ($35.00). To qualify, members must successfully complete the discipline-specific task book and be capable of temporarily filling a Special Operations vacancy as needed. An employee shall only be eligible for two incentives pursuant to this Section 33.07. 33.08 Non-shift employees shall be eligible for two (2) pay increases of thirty-five dollars ($35.00) biweekly (maximum of six individuals per division) when they become certified in one of the following areas: State of Florida Instructor II or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator 62 806 Fire and Life Safety Educator Live Fire Training Instructor Youth Fire Setting Intervention/Program Manager NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors State of Florida Fire Inspector III State of Florida Fire Code Administrator 33.09 An employee who is qualified and holds a certification in MSA G1 Tech will receive ($25.00)biweekly with a max of 6 spots. This is an incentive in addition to the incentives in section 33.07. 33.10 An employee that is qualified to be on The Honor Guard will receive ($25.00) biweekly with a max of 10 spots. This is an incentive in addition to the incentives in section 33.07. 33.11 All bargaining unit employees who are both certified paramedics and protocoled by the Medical Director shall receive a $6,500 annual paramedic incentive for 2025-26 and $7,000 for 2026-2027 beginning with the first full pay period following October Pt of each year. The paramedic incentives shall be paid biweekly. Bargaining unit employees who are no longer protocoled by the Medical Director will lose their paramedic incentive effective the beginning of the pay period following the loss of protocoled status.Bargaining unit employees who lose their paramedic certification will be given thirty (30) calendar days in an unpaid status to obtain their paramedic certification. Failure to attain recertification as a paramedic will result in dismissal from employment. Current bargaining unit members,hired before 2005,who only hold an active EMT license and are employed in a non-medic capacity as an EMT are exempt but must retain their active EMT license. 33.12 An employee holding the Rank of Rescue Sergeant shall have his or her base pay increased by$2.00 per hour for all hours worked in that position. The$2.00 increase will not be paid when a Rescue Sergeant works in a position or rank other than Rescue Sergeant. 33.13 The County shall make available up to $30,000 per fiscal year (in conjunction with the Supervisory Unit Agreement and not in addition to) for the purpose of reimbursing 63 807 employees for tuition expenses.Reimbursements shall be evaluated and approved based on the criteria below on a first come,first serve basis.Only the cost paid for tuition based on the grade criteria below will be eligible for reimbursement.The courses for eligibility MUST be assigned a course number by the State Fire Marshal or be related to the program of fire or EMS related services. Elective courses and general education courses are not eligible. The County shall also offer tuition reimbursement for employees who successfully complete a paramedic program and attain Florida Paramedic certification after ratification of this Agreement in an amount up to $5,000.00 of tuition reimbursement per employee up to a maximum of$45,000 per fiscal year: There is no reimbursement for costs beyond tuition, including but not limited to uniform costs,lab fees, or other non-tuition expenses. A. The employees must first receive written approval prior to taking the course. B. Must execute a payback agreement with the County. I. If the employee voluntarily leaves employment for reasons other than retirement or disability within five (5) years, they will be required to repay the cost of reimbursement on a prorated basis for each year of service not completed(20%per year). Reimbursement will follow the below schedule: "A" - 90%Reimbursement "B" -75%Reimbursement "C" - 50%Reimbursement No reimbursement will be offered for grades lower than a "C". The official grade-reporting document for each class must be provided for reimbursement consideration. 64 808 ARTICLE 34 SALARIES 34.1 New hires who possess only firefighter certification and do not possess paramedic certification will be hired in at$2,000.00 below the entry level for dual certified positions and will be required to become dual certified within 36 months of hire. Upon attainment of dual certification, their pay will be increased to the entry level rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2025-26, effective the first full pay period in October 2025, all bargaining unit employees will receive a general wage increase of four (4%) except single certified probationary employees whose pay shall be adjusted to remain at$2,000.00 below the entry level for dual certified position. The general wage increase will adjust the minimum, maximum and corresponding steps of the respective pay plan. B. For Fiscal Year 2026-27, effective the first full pay period in October 2026, all bargaining unit employees shall receive a four (4%) general wage increase except single certified probationary employees whose pay shall be adjusted to remain at$2,000.00 below the entry level for the dual certified position. The general wage increase will adjust the minimum, maximum and corresponding steps of the respective pay plan C. The County and the Union currently use a 14 step pay plan that provides for movement within the designated classification. D. Effective the first full pay period of April 2026 and April 2027 all non-topped out bargaining unit employees, except new hires who have not attained dual certification,will proceed to the next step of their respective pay plan. New hire employees, who have not attained paramedic certification as of the first full pay period in April 2026 and April 2027 respectively,will not advance to the next step of their respective pay plan until paramedic 65 809 certification is attained (not to exceed 24 months from date of hire). Upon attainment of paramedic certification,their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. E. Step moves, cost-of-living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2027 shall be established through collective bargaining for a successor Agreement. F. In the event of promotion,the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 C and D. G. Effective with the first payroll period beginning on or after October 1,2022,there shall be implemented a Career Performance Incentive Program as follows: 1. Employees who have completed fifteen (15) to twenty-four (24) years of continuous, uninterrupted service with the County shall receive $1,500 annual payable biweekly. The incentive will begin effective with the first full pay period following attainment of the service requirement. 2. Employees who have completed twenty-five (25) or more years of continuous, uninterrupted service with the County shall receive $3,000 annual payable biweekly. The incentive will begin effective with the first full pay period following attainment of the service requirement. Beginning the first pay period in October 2025, dual certified employees who work a non- shift position shall be paid an annual incentive of$2,500 to be paid biweekly. 66 810 ARTICLE 35 EQUAL EMPLOYMENT POLICIES 35.01 It is the continuing policy of the District to promote the concepts of equal opportunity for all of its employees and applicants for employment. 35.02 The District will continue to recruit,hire,train,and promote on merit principles,persons in all job classifications without regard to race, color, religion, sex or national origin, except where sex is a bona fide occupational qualification. 35.03 Decisions on employment will be based on the principles of equal employment opportunity. 35.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, sponsored training, education, social and recreational programs, will be administered without regard to race, color,religion, sex or national origin. 67 811 ARTICLE 36 DURATION AND RENEWAL 36.01 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by both parties after the exercise of that right and opportunity are set forth in this Agreement. 36.02 This Agreement shall be in full force and effect from the beginning of the first full pay period on or after October 1, 2025,or the date of ratification by both parties,whichever is later, and shall remain in effect until September 30, 2027. If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue,unless otherwise specified,until a new Agreement is reached or the impasse is resolved. 36.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its firefighting/EMS activities. 36.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this Agreement. 68 812 SIGNATURE PAGE INDIAN RIVER COUNTY FIREFIGHTERS/ INDIAN RIVER COUNTY PARAMEDICS ASSOCIATION, EMERGENCY SERVICES DISTRICT LOCAL 2201,I.A.F.F. President, Christen Brewer Chairman, Joseph E. Flescher Negotiating Committee Member Board of County Commissioners Negotiating Committee Member John A. Titkanich,Jr., County Administrator Negotiating Committee Member Witness Negotiating Committee Member Negotiating Committee Member DATE DATE Ratified by the Union on the day of ,2025 Confirmed by: Christen Brewer President 69 813 M. 1-. 00 ID CO CO O CO W CO O CO CO 00 N N CO CO a N O O ONN ID ID CO CO 000 CO IN N V CO ID CO O ID CO N N CO N al 0 0 0 CO In N 00 N LD 00 M M O N O N V O V N 01 .1 ti O 00 ID O N N .i Cf ID I\ W ID M O IN al N M . O co O N M O N 00 O .-I N T M N 00 T CO N 00 CO O .D CO 0 Lri N .i N O ID M O1 O Ci N N 01 O IN LriO N 01 N .i at .i co M O N n .-IN ID O O N 00 00 0 N N 01 N ID O O N . CO lO IO CO N co O CO N 0N .-1 N T O N 71 A Ql n ul ul � ul LD N� 01 N ul Ol V al Ol al O N N V n N ul O ul .-1 CO tD CO O N ul 41 T al V N n LD u1 V V 7 Cr ID C O N. V LC' 00 O m ul t\ O N O N u1 N Ol .1 M- ID W .-1 M ID W .--1 N: O N V ID 01 -I V N: 01 N. ul W .i ID ID ID N N N N N CO CO CO CO al 01 N N N N N CO COCO CO al al al al O N CO CO 00 CO CO al al 01 01 O O O ~ C mi M mi mi -I nio ▪ w 0 rI m > u j C . .-I M CO ul CO ID 01 IN a CO CO N N M CO CO N O VI Ln N N W W O1 COO M al n n Ol CO .-1 M0 N CO N N NO N V N O co ID in V M N N N N V N O D1 N lD ul IO V V V ul LD N .--1 O al CO CO 00 CO CO 01 al M N V ID N LL 00 a' lD W n W Ol Ol O .4 N M V ul W 0 O n 0S O O .-i M V uW l lD n 01 O .- N m N V In CO M lD n Ol .-i N V u, 111 ), N N N N N N M M m IN M M tN M N N M M M M M M M M M M M CO T M M M M T M m M M CO CY CY CO W 2 yo I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 5a D' C' o M N M V 0 M N M O m N M a d N N m ul LD (\ co Ql N N N .-i .i •i N M Cr ul l0 N CO 01 , .i .i .i .i •I N M Ct Ln n co 01 N N N N .i Q N a v W 2 LD LID LD ID ID ID O LID ID LID ID ID ID ID LID LID ID ID ID ID ID LO ID t0 l0 W LID W <D ID ID LID ID ID LD ID ID LD ID ID ID ID = m m rn m m m m 01 m m m m rn m m m m m m m m m m m m m m m 01 01 01 O1 Ol Ol Ol Ol Ol Ol 01 0l 01 01 00 ID 0 N ID N ID ID CO CO ID ID N CO O O N ID ID CO CO CO V 0 ID O O CO ID CO V O 0' 0 00 ID V ID V V Ct N O al N M M m .i 01 ID N N- .-I u1 LID 00 ID ul M .-1 CO Ct CO N ID N co W ID m O ID N ID O N M V M N CO Cr al N . CO CO CO r 00 ID Li.) N IN N ID M M IN ID co In In O CO NN CO .M-1 O co N CO CO ul N N V . M CO N N CO al M ul 0 CO a .i 01 N ID ID ID N CO O N IN 01 M N .-1 .-1 .-1 N In ul CO .-I IN 01 CO O N CO T .-1 m ID 01 M 00 M M ID V N N e".°2l0 7 N V ul n 01 .i M u1 N\ O N V LD 01 CO O N V W W O N ul N Ol N ul N V 1 W Ol .-- M ul W O M ul W .-ii. V n N g ID ID ID ID ID N N N N CO CO CO CO 00 ID N N N N N 00 00 CO 00 00 al al al N N N CO CO CO CO 01 01 al 01 O O O N Q N 00 N M = 0 > Cr' Z 2 Y .-I O N ID N .--1 .-I CO 01 ID tD N M O u7 N N N M Q1 CO Ol O W Ln fl CO Wal CO O Q1 O M N 01 N V CO V N u) O N V ml C71 N VI M .i O 01 CO CO 00 M N Qt N. ul T N N N O O O O .i Ol CO N ul ul V Cf T V V ul ID N 01 It OffeC ul ut ID ^ N CO 01 O .--1 N N M CO ul N 00 00 01 O .-i N M CO u1 tD N CO Ol Q1 O .-i N M CO u1 W N CO O1 O .-I N d w ",1 N N N N N N N M M M m M M m N N N N M M m M M M M M M T N M M M M T M M M M M CO V V OZ C = N N N N N N N N N N N N N N N N N N N N N N N N N N N N ..1. -.1. -.1. ,,,-,,,-.1. ,,,-,..,-0-,^ 1.). -0-,A. ,/,. i U. �, ,v:, .i N M V ul ID I\ 00 al mi m m mi .a0 mi hi rn V-1 .-1 N T V Ln ID n CO al .-i .-i N M V ul ID N CO al Oy , .Ni .Mi , Q▪ 0 \ N ID LD ID ID ID ID ID ID ID ID ID ID ID LID ID ID ID ID ID ID ID D W IID ID ID LS) LD ID ID ID ID ID ID ID ID IO ID ID ID ID IO ,:. ;: VCI I C Ol T 01 Ol Ol Ol Ol Ol Ol T Ol T al T Ol Ol Ol Ol Ol 01 Ol Ol Ol 01 Ol Ol Ot al Ol 01 Ol T 01 Ol Ol Ol Ol 01 Ol T 01 N I . N CO N CO CO O ID O ID ID CO CO O ID ID O N CO N CO ID N CO CO CO O O ID N V V N 0O N N lO N N ID V O l0 M CO IN N O O Ol O Ci M W O ID .-I 01 CO N ID N CO .-1 ul 00 V O CO ID ul n CO O M ID .i N M M al 01 O N ul :y 00 co M Oi N ID lD N 00 .-i u1 N M O 00 00 N M CO CO N M CO .-i N ID IN N lD ul Oi ID n M lD n O n CO N 01 ID g F O M N W W IN IN .-I CO .-1 ul N M V V ID V V Ol M ul N 01 O lD N V N CO ul .-i M O M ID N ID M IO N T 00 : jp a .-I Ol N IO IO ID n 00 O N ul 01 M N .-1 .-1 .-1 .-1 M ul CO O IN al CO O N W Ol M T ID Ol M 00 M T ID V N .4 .. In - 7 N CO ul N T .0 T ul n O r..1. CO ID O1 CO O N CO ID CO O N In N Ol N u1 n CO l0 T .-1 M ul CO O In u1 CO .- CO N , N 1j C 10 10 ID 1000101000 N n N N- CO CO 00 CO CO ID N N N N N co co co co co Ol Ol Ol N n N co co CO CO 01 Ol CCC O O O } C .i .-1 C4 r, o < :,, y O r-1y > U s.E*. C• - 01 CO N CO N. N O CO O al 01 N ID IN V a IN 00 N CO N Ol M n lD N O IN CO 00 W lD 00 N 00 00 Ql M 00 T N IN a O N M O n ul N O h LnV N .-i O INC LD V N 01 N ISDV m N N N N ID V N O Ol N ID In In V V IN IN ID U w - M M CO IN ul tD N 00 00 01 O .-1 N M ul if; Oti M l ID N CO 1 O . N CO IN N- W l0 01 O O .-i N M V ul W n 00 01 . W CO ,,.. N N N N N N N N N N T M M M - N N N N N N N M M m m M m M N N N M M M M M M M M M M M t'W Z .si I N N N N N N N N N N N N N N VT N N N N N N N N N N VT N N N N N N N N N N N N N N N VT ,r,- 5 * ', D' O. O .-1 N T Cr 0 .-1 N T CO O .i N CO CO ' T .i N m Ct IN ID N C0 01 ey m m .i .i .0 N M CO IN ID n COOl 'y .-1 .-1 .-1 _ N N M CO IN ID N CO 01 Q N e3 O. y II CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO a CO CO v CO a L = O C O O O C C O O O O O O C C C C O C C C C C O C C O C C C O O C C O C O O C O O O u I 1 i I I C ':" U U U U u U U U U U U U U U 0 . ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CI. W W W W W W W W W W W W W W N Cl W W W W W W W W W W W W W W0 . CC CC CC IX Ce CZ CC Ce Ce Le CLCZCLCZ V U V U U V U V U U U U U U .. U U U U U U U L.I I.I 0 U 0 U U LL LL LL LL LI- IL LL W LL LL LL LL LL LL 0 CI WC We CI cW cW CI CI 0 CW CW CW cW WC cW 1 O 0000000000000 , WWWWWWWWWWWWWW W W W W W W W W W W W W W W C L L L G C C L C C C G C L W W W W W W W W W W W W W W - W W W W W W W W W W W W W W 2 2 2 2 2 2 2 2 2 2 2 2 E 2 2 Z 2 Z Z 2 2 2 2 2 2 Z Z Z L" W w L" L" Lu av aL w w w W W s CZ CC CC CC z (r CC z CC CC CC CC OC W W W W W W W W W W W W W W ' ID CD ID U C0 1D 17 ID 1D CD (,0 U U (0 LL LL W U. LL LL LL LL LL U. LL LL LL LL - K tx .- C C K K K !r C K6.. 1 Z Z Z 2 2 2 Z 2 Z 2 2 Z 2 2 1. F H 1. H H H H H F H F F I- 4:. W W W W W W W W W WW W W W • N m m m m m m CO m M m m 00 m m CO CO a a a a a a a a a a a a LD ID ID ID ID ID ID ID l0 ID ID ID ID ID 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '; o a o 0 0 0 0 0 0 0 0 0 0 0 A LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U U tL LL LL U tL U ll 11 W ID 00000000000000 '^ ❑ ❑ ❑ ❑ O O ❑ ❑ O ❑ ❑ ❑ ❑ ❑ '-. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ j in ro 00 00000000000000 a s V0 N N C a 00 W 00 O lD lD a 00000000000000 LT ut In O v1 In 0 0 0 0 0 0 0 in O N m M N co a co N a LI) in M o o In o 0 In O O O O o V1 u1 O In 01 N N Ol In O M a en O u7 00 01 n M a u1 lD NNen 00 C C C a 01 C lD N lD 00 00 C M N Cl 01 l0 N Vl En N O1 M V0 a 00 N O n N a C N O lD M En NO1 W N En N N lD m En NLID MIMODOININ M N O1 N M O O1 01 VI n N In O In N 01 LID LT a a Ult., a 00 N N M O 00 V0 u1 ul u1 N C N C C u1 M 00 N u1 V1 u1 ED Cl N C O W 7c-1 6 u 00 .4 M l0 00 .4 a n O M mi. n O N u1 00 O M V0 O1 N VI 00 Ni. 01 .y a n C N u) 00 .4 a n .-1 C OC N C W W W W C Ol C C1 O O O N N N 00 C 01 01 O1 C O O O O N N N N 00 01 Cl 01 01 O O O M M M N N N N C .-I .-1 N .-I N N M N N N .-i e-1 N .-1 N .-1 .-1 N .-1 .-1 c1 N .-1 O Q ml N7 m m yVTI ` VT ? VT N. V? VT VT V? T VVT VT V} VT VT �!'VT VT W in in in VT VT VT in. in. in V1 VT VY VT VT VT N VT VY VT VT VT VT VT VT VT > u F C II" .-1 n N N O1 01 a N a O O a N VI a C11LDNN 01 CTI00 00 O lD l0 Ol CO u1 co a M 00 a 1D N N 1� I� O Ol U CO C1 .-1 a L.0 C1 m 1� .-1 LD .-1 UD N CO N .-1 e-1 .-I N N M u'1 LD CO .-i M LID Q1 00 .-1 a 00 N LEI .-I l0 N CO a M 01 VD W g'D C .-1 N a En lD N O1 c5 N M u1 V0 00 01 a VI C n 00 C O N ry m ul u0 n 00 LA n C O1 .-i NLA u1 n 00 O Ni M u1 W m T a a a a a a a Lel 1n ul u1 In ul Vl M M m M M ina a a C C a C C C C a a u1 En V1 V1 u1 u1 ID VD VD W W Z = VT VT VT IT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT .n CL• a O N N M a O N N M a O M N M a ' V N N m a V1 UD n 00 01 N M M M N N M a V1 lD n 00 01 N ry N `y N N N in a ul UJ n 00 01 mI M M N N Q VI a . v 01 '^ u1 u1 ul u1 ul u1 ul u1 u1 ul u1 ul ul ul lD lD lD l0 lD l0 10 lD lD lD lD l0 lD l0 ul u1 u1 ul u1 u1 u1 u1 ul ul u) Eli u1 ul f, = n n n n n n n n n n n n n n IT 01010101010101010101010101 n n n n n n n n n n n n n n LA 00000000000000 NMINMOCOMOOM MINODCOLD 00000000000000 O O u1 ul u1 O O ul ul 0 0 0 0 u1 M VD 01 O O CO LID N CO N u1 LID u0 V1 0 0 0 0 0 u1 0 0 0 0 0 0 0 0 O N LciM lD u1 N 0 N M M N n N N 00 a u1 n o:iN 00 a LA LA LO N N N lD a M O a n n n C O1 N N N oz;C N Ol n N u1 m n O O Vl O M Ol <0 N l0 M COON N N a V0 M O N N Ol 00 M M MOM 0 N N lD 00 01 n n O VO OF M u1 co N V1 01 u1 c-1 n u1 M N N N N a n N n N Ol VO a m N N m V1 O a CT a O n LT M N N M V1 co N CO'LO 3 O N An' n 01 N L.A. n O 6 C Cl N N a l0 C .-1 a C C N Ln- 00 .4 a n C 00 O M lD 00 ri a n O M lD C m n C N 00 00 00 00 00 01 01 01 O O O O .-I 00 00 CO 00 C C C 01 O O O M M M 00 00 O1 01 01 O1 O O O .-1 M .-1 N N N N N M .-1 M M N N NM .-1 M N N N N N N N - Q \ .0 rn 2 N 0 NVT VT VT VT VT W VT VT VT VT VT VT VT V1 VT VT VT VT VT VT VT Ln VT VT VT VT VT VT in VT VT in Ln VT VT VT 0. VT VT VT VT Vr V1 \ > 011 • Z G 5 Y 01 O N n N O1 a a N M a 00 lD 00 u1 NMNMUICOMMMCTNCOMM N a N N p V W N N O a 00 a D N m L.0 CO N a n N u1 CT a 01 UT al CO n n n n CO 01 O N M LT CO c-1 N M ED Ol N ED o En O u1 N n C m LL C O .-I N M C C N 00 O c-1 N C ul N NLA C V1 Lc; n 00 Q1 .-I N M C LA r.: C V1 C N.: Q1 O N M Er; QS 00 01 N M O. W ti a s a a a a a a Ln Ln Ln u-, S LnM M M M M M M M a a a a a s a a a a a En En LT LT V1 LT En lD UD ).• 1 z C 2 VT VT VT VT V} VT IT VT VT V. VT VT VT VT VT VT VT IT VT VT -LT VT VT VT V) VT VT VT VT VT VT VT VT IT VT VT VT VT VT VT VT VT a. d N a d N N M a In VD n CO MO MN CO a N Ni m a VI lD n 00 O1 O M N M a cy N M a V1 VJ n 00 O1 O N N M a LL ... Q N N M M N N M M M N M N N N N N LL G a Cr v 0 OF h ul u1 u1 u1 u1 ul u) ul ul u1 ul ul u1 u1 lD lD lD lD V0 lD lD lD V0 lD lD lD lD V1 En En En En En ul En En En En En En r-1 u m n n n n n n n n n n n n n n m m m m m m m m m m m m C m m n N n n n n n n n n n n n n n IX I A i 1 I 00000000000000 0 o O o 0 0 En En o I O 0 0 Vi CN1 0n'1 OWl LLD CCC lrvn N crv1 CD NN ON1 00000000000000 0 0 0 0 0 0 0 0 0 0 0 0 . . O a V0 lD u1 M oc;0 N M M c-1 n N N n LriC N a D1 00 00 N n M N C1 N ED a M C a n n n a Cl N N N C N al n N c M n O O En O N O1 LD N a a n O N N M a N N N N n In M N O a C N N l0 00 N n n O c To M V1 00 N ul Ql ul N n V) M N N N N a n N n N 01 lD a N N N M u1 O a 01 a O n u1 M N N in Vl co N V1 7 00 O N u1 n 6 N u1 n O M V0 C n.i. N a mi Ot .4 a l0 Cl N u1 00 .4 a n lO 00 O In O 00 .-1 a n O M lD O1 M N C N 00 00 00 00 00 C1 C1 C1 O o o O N 00 00 00 00 O1 01 C O1 O O O N N N 00 00 O1 O1 C1 01 O O O M N M MN, \ C N N M N N N N M N M M M M M N M N N N O Q 7i7 ,11 O W ` V} VT V} VT VT VT V? VT VT VT V? VT N VT VT VY VT W VT N VT VT VT N VT VT VT VT VT VT VT VT VT W VT VT VT VT VI VT VT VT F C 01 O N N N al a a N M a 00 V0 CO V1 00 M C C1 N n u1 ul 00 a M u1 OM N MNN VD En lD N N lD MOO C lD W N M a lD co N a N N un O1 a O1 u1 M N O O1 01 00 00 co co C1 O M M a M M ODC1 N LD O V1 O u1 M n a N a' o N N m4 uJ n O0 O N N a ul n O N N N M a u1 U0 N 00 o N Ni M a En l0 N 01 O N M LA C 00 C N M LL 3 o. a a a a a a a a In In In In In In M en CO in in COM n M to Cr a '7 '0 a Cr Cr a a In In u1 In Ln 1.0 In l0 l0 W Z .41 X VT VT 4A VT V? VT 1A 4/T 4n VT VT VT VT VT lA VT 1A VT VT to VT VT N N VT VT to VT to V/ VT lA lA VT VT to VT VT VT VT VT VT I 5z1. a OF N N M a u1 C n 00 Ol O N N M a N N M a En u0 n C O1 o N N M a N N M a En O N 00 01 O N N M a I r M M N M M N N N N N N M M M M Q VI 'CI N En En En En En En En En En En En En En En a a a a a a a a a a a a a a En En En En En En in En En En En En En En _` n n n n n n n n n n n n n n 00000000000000 Mr-1 N n n n N N n n n n n n n n En I I I ♦ I • I I 4 1 A AA F- H F- F F- F- F F F- h F- F- F- F- VI VI N (nu.) VI N VI VI VI VI VI VI VI W W W W W W W W W W W W W W > > > > > > > > > > > > > > zzzZZZzzzzzZZz - F- F- I- F F- F- F- F- I- C a 0 0 a 0. a a a a a a a Cl. a o a a Q Q Q Q Q Q Q Q Q Q Q Q U U U U u U U U u U U U U Ua \ \ %... \ \ \ ,.. ..., ...... \ \ \ \ `..... F- I- F- F- F- F- F- F- F- F- F- F- F- a a a a a a a a aaa a a a u u u u u u u v u v u u u u ce cccc z ce cc re z cc cc z cc z z 01 r1 ,1C C C C CC C CO CO C C CO :!: 00000000000000 1~n V) cc En 1~n VVII VII VI VI VF- VI VVII VVI VI F . . . . . F F F 1- r I- I- I `:1 W W W W W W W W W W W W W W „I 1n „1 1^ VA VI VI VI „I VI In „I V VI _� 2 2 2 2 2 E 2 E 2 E 2 2 ZZZZZZZZZZZZZZ z z z z z z z z z z z z z z 'y W VJ IL W W W W W W W IL w W aL 22222222222222 2 2 2 2 2 2 2 2 2 2 2 2 2 oC C C z C aC C oC z z C a oC oC 00000000000000 .. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LL LL LL LL LL I.A. LL LL LL U. LL LL LL LL Q Q Q a a a Q a Q Q Q Q Q Q a a a a a Q Q a a a Q Q « ''' a a a a a a a a a a a a a a . a a a a a a a a a a a a a a ,_ ,_ ,_ ,_ ,_ F_ H F- F- ,- F- F- F- F- Q Q Q Q Q Q Q Q a Q Q a Q r%: a Q Q Q Q a a a a a Q a a a J J .. J J J J J J _ J J J J U V U U I + 0 0 0 U U U U U U U U U U U V u u U U U U U V u C1 n N N n N N iN N N N n N N n 00 C 00 00 00 00 C 00 00 00 00 00 00 0C a s C C C C C C a a a C a a I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 C1 C1 01 01 01 01 01 C1 C1 01 C1 01 C1 LL LL Li. 4. LA. LI. la- Li. LL LL LLL IL LL I.L. LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL 6- 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vo 00 N O N Cf O Ct N m cc O CO LO O N 0 0 0 0 0 0 0 0 0 0 ut 0 0 0 0 in 0 0 0 0 0 0 0 0 0 tD M CF W W 0 O N 00 0 u1 O N N M N O V1 M 01 V1 01 M N o N N u1 N W ul 0 al N N N 0 N N O co 00 0 N N al CI V) O 0 N N CY W M N u1 CO N VI 00 N O N N N CY M CO V1 N u1 o N CY CO o M o LC, A Q1 01 O N N � N N V1 O V1 N CO 1p LO 0 CO CO CO V u1 N O M N N N M O1 N N V ut 00 N t7 01 M al V1 t07 O N ul N -i tri 0 . W 00 .4 fl l0 00 . N 6O Ni. Cf tD W O M ul N O N ul N O u1 N 01 .-I a tO co' . M ID N C N N N N N 00 00 00 00 0 0 0 0 0 00 01 N N N N N 00 00 00 00 01 01 01 01 0 0 N N 00 00 00 00 01 0? 0 N C N N N O Q 1 y ON A Iy ` VT VT VT VT VT VT VT VT VT VT VT VT VT an. VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT VT tn. V? > u {- c 01 V V N o V1 ul N N 10 0 01 M O M N CC CO 0 CC N o N CO 00 O N CO 01 VI N N N N V0 LA VI 01 W N N W01 N CF N O 01 N CD V1 V1 4a Cf Ln W N 0 V 0 N N N M .0. u1 N co N V1 00 N V0 M N CO 01 N M Ln N ul 00 C CO 01 O O N NM V u1 Li, N 00 01 o ul CO 6 N 00 01 O N N M 0 6N W O N N O1 o N M 'a u1 l0 00 a1 LL r0 T N N M M M M rn M M M M M M CT M M M m M M v v v v v v v CC u1 u1 CC M V Ct 4 4 Cf V V V W 3 Z .y I to VT VT an. /A an. VT IA an VT in. VT VT 1A VT an. to an. VT VT to to VT VT VT tn. VI. an. VT VT an. VT an. 1A VT an. VT VT to VT 1 WL O N N M o N N V NMccuN00 l N N M V ulD N 00 01 )- NNM ,t ulDN0001 N N N N N N N N N NN N Q OA a. v O/ ID W LD CC LID UD VC CD LD OLD LD l0 LD CD ul uu1 LA LA Ln V1 u1 l LA LA LilN u1 ul LD u1 u1 VI u1 VI u1 LA u1 u1 t m 01 O1 01 01 01 01 01 01 01 01 01 01 01 01 al CC T N N N N N N N N N N N N NA- a1 N N N N N N N N N V N O N 00 VO CO CC 00 Ct 0 LD 0 0 CO O Al XD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 0 0 0 0 0 0 0 0 0 LID Vl M N CO C< CO N l0 N co co 0 M N a1 V1 un ul O ul in 0 0 VI ul V1 In O O 0 u1 Vl ul ul 0 0 0 o 0 LD 00 V1 u1 O .0. O V N O CO N CF OONCCCC N CC u1 0 N UD W M O1 N LA N LID N N CO ON M CO O CC CO W N in I 10 N N N N N M u1 00 N u1 O1 V O N N M l0 ul ul u) ul LID CO 0 M N N LD N CO CD CY V1 1D 01 N V CO M CO NN a0 o N C VO W O N ul N al N ul N CC N N 01 .-I n u1 N al N C l0 O1 .--I V V0 .--I Cf lD 00 O m V1 N O N n C lD N N N N N 00 00 00 co 00 01 Ol al 00 al LD CD N N N N N CO CO CO 00 al 01 CC 07. N N N 00 00 CO CO al 01 N Q N MN N 0 S N W Io AT VT VT VT. VT an. VT VT VT VT VT VT an. VT VT VT VT an. VT VT VT VT V? an VT VT VT an. VT an. VT VT an VT an. VT VT VT an. VT IA \ ,F 0 N V1 N N N M Ol W 01 O V0 VI V1 00 W N N 01 N N 00 M V 0 N 01 M N N 03 CC O1 u1 u1 01 a CC V0 N N Z {j M N CC N LA M N N N O O O O N N 0 VO LD lD N N CO a1 N N V N O m CD N N N M CC l0 CO O M lD gLL O C N N 00 00 01 O N N m4 0 tD N 00 01 M N V CCC tD N 00 01 o N M4 0 N 00 01 O 00 a1 O .-I N M Vl CD N G. u. N > N N N M M M M M M M M M M M M M M M M M m V CF .0 V CY V Cr V V M M V C d' V CT V Cr >- O Z C I VT an. VT VT VT an. VT VT VT VT an. VT an VT VT VT VT an. an. in. VT VT VT VT VT VT VT VT VT UV in. VT VT VT VT VT VT VT V? VT d N G O) N Al M V VI VO N CO a1 0 N N M CT V N N M u1 LD N CO 01 O N N M V d' N N M CT LA N 00 CC LL ).- ,. N N N N N N .-I N N N N N N ac 0 @ cC LI VD O lD lD CD lD lD ID CD LID CD LD VD LO LD 1D u11,1 0 1. 0 u1 1 1 u1 V1 u1 LnIn V1 u1 V1 lD V10 VLn u1 u1 1 I LA 1 '„� ,9 Lu = 01 01 a1 a1 01 al al O1 01 01 01 01 Cl 01 al CC N N N N N N rN N N N N N N N 01 N N N N N N N N N V1 I I ID O N CO N 00 l0 N 00 .7 CO 0 0 10 00 CC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a1 CO N LO N CO N M CO Cf O CO LID o CC l0 LA LA VI O u1 VI O O u1 u1 u1 u1 O O V u1 ul u1 u1 0 o O o co 00 00 N M 00 V N M 4 N N VO u1 N CO 00 0 lD lD 0 N 00 M 0 VO CCC M a1 V lD O O N N V1 00 00 N CC 01 CC lD V CC al M u1 N 01 0 1D N .0' N y {} ID V 0 0 N LID LID M 01 N ul N LD N N N N M 00 0 V COLD NLA fl; j0 N N N N N M V1 CO O o 01 CT O N It I „f m lD ul u1 LA VI LD CO 0 M IN N LO Al CO LD V u1 VD 01 N cc OO M CO 00 O N CC ID 00 O N ul r: al N 0 N 0N a N al r-1- lD -1 CC M 0l N al- N Cr al . l0 N Cf lD O M O VN1 N O C l0 N N N N N 00 CO 00 W W Ol 01 01 00 0 41 ID l0 N N r•-• N N CO C0 C0 W 01 Ol 01 0 N N N 00 W 00 W 0 01 MQ x'l G!: O0 y i NIll w COVT VT VT VT VT VT VT VT VT VT VT VT VT VT044 0. in VT VT VT VT VT VT VT VT V VT VT VT VT VT VT VT VT VT to T VT VT VT VT > u ' C 01 V u1 00 N 00 N al M N LD N O u1 CC N•'n:X lD 01 N N O u1 M V O N Ol MCU N W 0 01 u1 LA al CC .0. LD N N N 01 LD V N CC N W V M N N N N N ?:+:; N lD W W N N CO 01 N Al Cf N O M VC LO N N M CF LO CO O M ID ILI 10 Iy co V1 V1 6 N 00 OO a1 O N N M V V1 CD N m' NM N 00 Cl o N N M 0 6 N Iy N >. Al N N N N N N M rn m M rn M M m 1 0 M M M M 01 M V V CF V Cr V Cr Cf M M M T1' .0' d' ch CF 60' Ct W 3 w Z sp I VT V.I. to to VT to VT to an. to VT to U VT 1A Y► an. to to VT 1A VT VT VT an. VT VT aA VT to an. VT VT V? VT V? VT VT VT VT 5a a y o N N M V C{ V O N N M CF C< } N N M V ul VO N 00 Ql N N N N N N t-I N N M V ul lD N 00 Q1 .-i .-1 N N N N N N M V Ln UO N CO a1 Q n a t I- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O v.;j.. g In ul ul V1 0 0 u1 0 V1 0 V1 ul `n 0 0 on V1 u1 0 u1 ul m `n 0 u I N N N N N N N N N N N N N .--1 N N N N N N N N N N N N N N N N ‘-I N N N N N N N N N N r I\ 1 1. t: C O. . . . . . . . . . I- I- I- r- r y Z Z Z Z Z Z Z Z Z Z Z Z Z Z :. W Q Q Q Q Q Q Q Q Q Q Q Q Q Q ..§ W 01 W W W W W W W W W W W W W W f Z 0 • (7 l7 C7 C7 l7 l7 C7 l7 l7 C7 C7 C7 C7 C7 } C C C C C C C C C C C C C C C C C C C C C C -7 �' 0 0 0 0 0 0 0 0 0 0 W W W W W W W W W W W W W W Z 0 0 0 C 0 C C C C C C C C 0 Z v1 v+ In In In in In in in N N in tn in W O ~O ~O O ~O O OF O O O O O O O < t t G W G G G t b W W W W W W W W W W W W W W d' U V V V U U U U U U U IZy S D. D. 1 D_ G n. a D. 7 > > > 7 7 7 > > > D > > > W W W W W W W W W W W W W W W V1 VI V1 V1 V1 V) V1 VI V1 U N U U 0 U N Util U U N U 0 Util W > D. a a a D_ D. a s o_ D. D. a o. 1 7 Z Z Z Z Z Z Z Z Z W W W W W W W W W W W W W W V) VI V1 V1 VI V1 V) VI V) V1 V1 Vi VI V1 W C C C C C C C C C C C C C 0 LL 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z J H H H H H H H H F a Q Cr Cr a V Cr a a a C C m Ct of V1 V1 V1 u1 LA VI LA u1 LA LA VI ICC V1 LID NNNNNNNNN r0 C C C C C C C C C C C C C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL LL LL LL LL LL LL LL LL LL LL LL LL LL x X X X X X X X X X X X X X X X X * * * * * * * * x Ir.. III 00 0 0 0 0 0 0 vl 0 0 0 0 O < m 0 v N. NV C-- L r. N. N. m To N O a1 co 00 N C C 0 0 0 0 L1 n.1 Q .--1 r-1 r-1 .--10 O ▪ d .-1m W W w N an tn. V) -Ln > u GC W .-1 V 0 N l0 0 0 m 00 M 00 R LLpp a' O N M vl LD O ty m , u1 v1 v1 u1 in m W Z g I V/ V1 V1 V1 N 01. 5 .4- a y o .1 N m V V y H r-1 .-1 .1 .-1 .1 .1 4 a. v of N N . h= NN. n N 00 N O O O O O O N m M O Lb W v1 V N N 0 a) To V N co N La h tD7 LI 00 O t+1 LC O 12 0) 0) O O O l0 f\ QC 1 N N N ► m N m = O N W t0 V1 V1 V1 VT V1 .n. N \ ? Q1 Z p 0 d in In m a1 n M T M t\ N D N W O cc V On Lb mi Lb Lb N a m W -1 > '. O z 0 I V1 ./T 111 1/1 4/1 1" 5 Li a `^ LL • }Q ticN .--I N N N r•-1 LL 0 a Q 0 . N Ln Ln_ n n Ln n 000 e-I LLN i 0 0 0 0 0 ca In un LbLbLn N M M O Lb vN. N l Cr N 0 • jp V .--1 00 n l0 "1 r NC a1 04. O O O tt0 m C .1 .1 r. OQ O 73-1., • y W ` N V1 1" 1" 1" 1" 7 u ,-. tm V1 M M O1 N. M W m a1 M r-- m LC N , A ,t CC Co OLb v1 Ln L `H'NIN W >. Z as I cm. cm- V1 an- V. ,3.n a. y O c-1 N m v V ain •1 .1 ti .1 r-1 .1 CI. ' v C) 2 N v1 Lc-) v1 Ln 0 .0 2 n N. N. n N. 00 u .41 } ,u O `? W a f u g N Q 0 0 0 0 0 =1- u it b t ID W will W W to 0. 0. 0. 0. 0. W of to of of to -'' = z Z Z z Z N H H F- H H K LC N co90 0 0 0 0 ( x x x x x N Indian River County r„.-8 Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 indianriver.gov MEMORANDUM File ID: 25-1015 Type: Administrators Matters Meeting Date: 10/21/2025 TO: Members of the Board of County Commissioners THROUGH: John A Titkanich,Jr., County Administrator FROM: Kathy Copeland,Legislative Affairs and Communications Manager DATE: October 10, 2025 SUBJECT: 2026 Indian River County Legislative Priorities BACKGROUND The 2026 Florida Legislature Regular Session begins on January 13, 2025. In addition to consistent concerns about legislation that would eliminate or curtail home rule authority, preemption, and mandates on local governments in Florida, staff has identified specific policy Legislative Requests for Consideration for this upcoming legislative session: • Support for a local bill addressing off-site inmate medical costs (see attachments), • SB 180-providing the authority for local government to adopt statutorily required EAR Based Comprehensive Plan Amendments,and • Extension of the 2030 deadline for septic to sewer conversions. Appropriations requests for the following projects: • Fellsmere Community Resource Center, • Water side funding for priority septic to sewer grant projects (Orchid Island Estates and Ixora Park Sewer Rehabilitation), and • Indian River Lagoon Oyster Mat Community Engagement Project. The County additionally requests the Legislature to continue to support grant programs in areas that the benefits accrued overlap state and local interests, such as infrastructure(utilities,transportation, and stormwater); environment(including coastal management), conservation, and recreation; emergency management; cybersecurity; and historical and cultural. STRATEGIC PLAN ALIGNMENT The above Legislative Priorities directly impact Strategic Planning Goals: Environment, Governance, Indian River County,Florida Page 1 of 2 Printed on 10/16/2025 Po eqis4a�TM Infrastructure,Public Safety and Quality of Life. STAFF RECOMMENDATION Review and approve the proposed 2026 Indian River County Legislative Priorities as presented, and to include authorizing staff to take the necessary steps to present a Local Bill at the Indian River County 2026 Delegation Meeting,re: Compensation for Health Care Services for Inmates in Indian River County.. Indian River County,Florida Page 2 of 2 Printed on 10/16/2025 powspl Legistar' Local Bill Compensation for Health Care Services for Inmates in Indian River County Background Inmate healthcare spending has increased exponentially statewide and nationwide. Last year the Indian River County Sheriff budgeted $600,000 for off-site (outside-the- jail) medical care such as hospitals, physicians, and ambulances to provide care for inmates that exceed the ability for in-house medical staff to provide. The County approached the Sheriff this past year concerning these rising costs. The Sheriff's original proposed budget submitted to the Indian River County Board of County Commissioners in May 2025, included $650,000 for off-site costs, which represents an 8.3% increase. The Sheriff has informed the County pursuant to §901.35(2)(a), Florida Statutes, the County is responsible for the payment of inmate medical costs, and as of October 1, 2025, the Sheriff will no longer accept responsibility for inmate hospitalizations or medical costs out of the jail. Providers will now be directed to the County for payment. The costs for off-site inmate health care have continued to rise, and the County has witnessed the impact this issue has had on surrounding counties' budgets, specifically St. Lucie and Martin County, both of whom had local bills passed (2024 and 2025 respectively). The County desires to get ahead of this to prevent Indian River County taxpayers from paying unnecessarily exorbitant costs for off-site inmate medial costs. Status In Florida, §945.6041, Florida Statutes provides the Florida Department of Corrections to limit payment to outside medial providers to 110% of the established Medicare rate. Staff is proposing a local bill that will reduce off-site inmate medical expenses by extending the state caps to Indian River County and setting a standardized reimbursement rate for health care providers that mimics the language already in the Florida Statutes. Compensation would be limited to 110% of the Medicare allowable rate, or 125% of the Medicare allowable rate if the health care provider reported a negative operating margin for the previous year. In 2024, the Florida Legislature passed a local bill HB1023 to provide relief and the ability for St. Lucie County to manage costs. In 2025, the Florida Legislature passed HB 4007 for Martin County which provides similar relief and includes definitions of key terms such as air ambulance, ambulance, emergency medical transportation services, and health care provider among other refinements. A final bill analysis is attached. Both bills provide the same protection that is currently in place for the Florida Department of Corrections (section 945.6041, Florida Statutes) and prevent medical 820 L _ providers, who must be used due to proximity to a county correction facility, from taking advantage because of a monopoly on services. Staff anticipates that a local bill becoming law in Indian River County has the potential to realize a significant cost savings in offsite medial costs and not experience the deleterious effects on its budget other Counties have experienced. Issues The bill with similar language to Martin County's bill from 2025 is currently being drafted. Legal Sufficiency Review To the extent this item contains legal issues it has been reviewed for legal sufficiency, though it is primarily a matter of Board policy. Recommended Action Request the Board authorize staff to take necessary steps to present a Local Bill at the Indian River County 2026 Legislative Delegation Meeting, re: Compensation for Health Care Services for Inmates in Indian River County, as part of Indian River County's 2026 State Legislative Priorities. 821 L • • • • 1 • • • • • �q .....„0,-., y g � 1' ...y J _ is�� >r 2 tia.f.,:„....:ii-i.io: vm,-.:0Fi:-..-,:,-•:...--qi;,::-.N'i,..Li4.-1-.--.1::::,:::,..,:,--..,,,::,,:::':e.'--•%',i,Itrm,,,,,t:RRIVER 0_. :. y. : :.:: „,,,,,,,s0-4,,,..;,,,,,:„:„:„,„:-..::,,,„,:,,,,,,::,,,:„-,,_-_,„,,,,,,,,,,L.,,,,,,,,,..„,-„,,,--„-:-.,„:„.„:„:„.,,, g L::., -, , • -,:, :::: , ..,...,.....: • • :,.,,,,,,„:„:„.„..„,,,,,,,,,,,,„,„.,,,-„,,,,„,-,-,„:„,,,,,,,,„,,:::::„-:„.,,i,,,,,,-,-..„,,::::::,::::,-„,-,,, i L.,::., ,:.: - -, .:. ,....;.. sLA,.. „:...... , . :.,:„....„.„ �� esti S7"ri 7 � ,,,,,,,.. ,..„,,,,,,,,,,„,„,..„.„.„ ,,,,,,,,„:.,..:.:,,L.,-I,,,,,;.„.;:.,.,-- • L,.., ,. ..,::::::::.,!. .--. ....,;:,..„. ' ... -...-.„ ,:,,,,.:,-,..„-„,„:,,,,,,,:„,:,,::::,.,,,,„,,,,,:::-..„-„,,:-....„--,..,,,,,-4„-,,,,,,Li,,,,,,-„:„, ,,,,_.,.....,,...,: ,„.::.„,:„...:,.:,„:„.„,--,-..-,:-......,,,,,,:_ , . -, -- - .: : .,,,,,,,,:::,„,„:„,,,,,:,::::„,„:,,L,-......-:....„,,,:„.„,:::„.„,...„„,„„:-,:,,,::,;„,..,„..„-:.„,...--:.,.,„:„.„,-:„,,,,„.,-:::::„„,:„,„:„,„:::::.,--;:,2-.., : --,.- . . -... : - ..4.:„.-,--..,-,:::-.::-:::::::::::,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„;-,:.,:,•-:,,,-....,,:--:,:,,,,„:,:::,..,,.,,,,,,,,,T:, •:-„-.„:-.-: r'-24:,,„:,1; ----„ , : L,:„.... - „.„ } ' ,„:7,,,.: ::: , • • :.:- „,: • BY'' � ” _ i ,d��ryry� . i. r _,, g� r{4 {;�� � WA ,�'�''�{4 r 4' . : ,,,,,,,,,, : ••• 9�• I l ar � fi t, _ £ �t ,r S4 t4 �s� '' ! • 43i t ,:.: .:L.. : - - - p''''.,14-Li,--;::„.,!i::,,,,,,,,,,,,,..:,,,:,-,,,„..„...„,:,:,,,„„„,...„,„:„..„„.,:„„:„.:,,,,,,,..-,-,:-,,,,,:::::,,:.,.,;„,::-:.:•-,,,,,,:„..,„,,,,,,,,,:,,-„:„,-:-,:„..„-„,-,--,..„:„, ---:.„-,..„ ...„ :--_-:- - , L, ....., :..-,,,,r.„,,:::.,„.„.::,.,...,,,„,4„,„,,,,,,:„„-„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,t3,,,* ,,,,,,,--„,----,,-;,,,,„,,:„:„.,,.:, -,,,, :,„.... . ,.,..„ ... ,,.., ....,...,,.i. ..: , •• ., ,,,,,„,,,,„.,...,..,,.„,..„, , ,,,,y,„„,, ,,,,„,.: ,,..„, :,..,„,, : „,,., „.„,,,,,,.: :„.*:. „,..,.,, , ,..„:....„,„„.„:„.„...,,,,,.„:„.:::.:„:„.„-..„.:,,,,:...i.... . ,2„.„-:-:-:-:,,•-,--:-:,- - _. : . .,,,,.,,,,r. 4.,.., „,„...,, (... i � ,.,::::::-,;-„:4,-,:til,,,,: -....„;:ii.;, . :::.: � .--.. ::„....„.„„..„.„.:::•-„,.,:„..„,...„,,..„,„,,,„,„:„.„:„..,,,,,,,,,,-„,,,iuki'',;;;L:::n.i,:it. --:-: .. . ., 1r { „„ I } �xx?-'1.,:-,;-1-44-'!'”' I`f� �O,$f h' '-ee Weeds � � Week 1 OCT 6 10,2025 . • �,� W�.ck2-OCT13-17,2025 �, 1. r 4 x rJ • • • • • kiT; Week 3-NOV 3-7,2025 ,r # A _ Week 5-DEC 17 21,2025 `z �° ` ' %p* Week S DEC 1 5,2025 .'.v,- " „ . . Week 6 DEC$-12,2025 f : . .. it • . _ ° ` - " imu t,,,, h*547t-. i4 Fk , {, ir ‘f‘s �y4 ..4 _ h u75 dt , � r�.� r� �� e; a E,f. ,a - ,k ,� g ::ac4� . 1 ( • : • • • • • • • I � uta�Lx� 4 t I s.*'� ��v� �a �F�d � .fit : . ? d i �� , _ n c t4 ` fl � . �� Y' iesza 4 �s . i G +a-i ! --mak ,,., }} ? x r� % 1PRIES ,,i11,., -,-.1-,.,:-4.mt: ..: ' Y f 5y,_4 LA P ,.r * f '� .. - ,� >- :_�z ice* s �, � ,t � ; Senator Ben Albritton f .'` • District 27,Wauchula �, a ' ` - .y �'� � f�.y��''`�"�.�A i *gym 5 � ���tU'9`-,-�. �a • • • • • • • , FagasL: Vx r { kg. "yh 14,///////////iiiiiiiii/i/i/j1 41j. olyi: i t, sAt '" ''';',,..••;-• < 7t� � { T� ;,,I.. c k: HOUSE $P � -atA'. g$ %' FY.t d3 4 mss.` - rKtZ3 y ."04 ,• f jd } 4 i 91. . E,: .1.. ,t;E'-':y j0., ,°h r 4A Fd+ ''Mkt-� �. ,.r 'F �4�u*s Y c3y'� 440A7 II 4 • • • • • • • • „_.,......„,_ .,.,,..„„,,,,„„ .........•. ,......,,,,,...,,,...,.. ...,. ..„ .. .. _.. • . . .. ,.. . ,. . ,. . ' --, .„ ..,, ......, : .„....,,,,,,. ..... ,..,. _...... .,,,,...... _ .„ , ,.. ... . „.. ,, ..... „.,...,..„„....,..,,,.,„,,• . . ,,,,o,,,,t,-:?;,.14,,••,1,.:q,45:,;•:,.:..:,,,,06.,.::,.L....:.,„:,•,,,_,,r0,,„..4.,.,.._,-,,,.;•..4...:. ..,:.14,„.„..{,.:14:4,4•,,,,,I,4„ ,, .,_ , -ry.,:-.,r:,. .. ;..: , ' ,.. : : -..---•:,",:,,-:':', -:Hli-::::`:*''''''''''''''':' ''''''''''',:k:':'4.''..J:::,','.4.i.,--1:::::,,,,•„,:i!III:s. . . - . g 10µY- f y :. 4 ,• j 4 Rr�� :•,.„:„.T-_,.;H:„:..,.„:.:„i„....:13.-#1... . . iglus 1 • • 1 ,J.Y.. '-i. 'a7' 4 �lt _ „ yf ron„ t V • tlIttis Governmental Oversight-?!--/-4.:':-:..- a �'M Accountability iib r, "'L 44.� 'T> _ y �At y y §�'y,� tri 1r,Jolnt Administrative Pr }ur c i ,fit:14§10.0t--:... ._-,--...:--mmittee on .Collective i u t A r{, a t`T1� • • • • • • • • • i,zi'''ic'-''''''',''''' 2-.,. '41.A '.....;':- ::';,. .,11, ,..:,';.-.1-,-'.:•:';',-',:',.,-.±--- --.--::;:-.,:: ---...,:..''i C ,.'.:. ''•.--'' ._.:...r. ”,::::;'7-.-: • 3 f C`� }� ah -`X � £ a lN a:,• k 0 Yx ti -ik A iWbtirt�rn�R A''-..,'::4'',-;.'R'::... k �fl# Xe • • • • v% 4i7k ��mmi �n E4 4:� i� l r�� s i.i �4 4 i, IE'' fr : � ci�' s°II+k3 �'H.'' 6 Xx 7 +��}SAh"i' _3- N r'b,"� ) l� r lJ -f' W . " ° �,W�� ( ° 3 i dap Y f '' k'4 erlr, .a s ' - ,t '.4 .r.Er`F .n.3ti,;' .b -„ra4 _ nx F �__ y ..41 )`h`',. -zyw .. ata r'4$'u �' a a � u.n 3 :;(,l r . a k'„���f s a ra s . ._. ,fir ,,� s r � 7 1 ' � 5 �' f 1968), - F 1. w rt k 4 s6� cement Q 3 .. > k a(� y hit t k r ;1 F 'F s Legislation. yi s > '` � :L3,a.`� g4 & } • h - {..,pr' F A;..- qty X x.$: # .. — ) e L > by f) ., � -)3' v'� � d ify t� § 1 � N 4y. .fix Mrt .� r �.z f ri-w ,_ice E r-, fiF �z :},� t 3 i i �'�,f '��`�� <n a/'�� k �kF�F j,» & 5 'Ferie+Ri � n1 lEis , _ ... � r hK4 4 �T ...%1 A ea i 4n' s t I71�7 ���� �YD �pA�I ti, .m. ,, x 1 r Y>`c ,4 �' ,.t P.�k4Y 1 'fi :,-'--.:.- : h Y ! ? 1 j ' ',-,,.:::.,•41,,c,,,),;.4.,..,1„.:-;:,..,„,,,,, x s +r11 " The I is 5'eq � ' j s'a° '�'�,,, yr, r -.�Y tt+h - .;,r � t Ar at' f fi ,Aj -A Yyy. .t P., r' 1pp _�(,�±�l�y!y.� s ��_j/y��� F, Y." 4.'6 M# ry" � r Cou f .A a�.1y u �,1+ A'j$. {pry � sm �'� �sy fi � x� �'���'5 t '.R JLrY fill �+�,vv�y, t rt .yam a � 4 £ ' �� i �... tl4 2a • • V • • • • • • . • • • • • • • • N` 'y4 e > -iab yi • • 4 S • `� f hi s - ,a f.. J "A 4 t W � u I � �,�' i �. � �.. f Y1'�c+��t r ` • J v r< 'f fid 5E1#ViC!*s I �7y is1t DiNSCQ UNTt _ftORId� r+ S- !ET • trb: J I IA . ., • -."' 4 .yYJ,,i � �" " h x _� }a r«rwJ5i � ' y+f w ,w+WR4:,..4kJ- gi T 4'7:.. 1 rY rr \ / Tam } v AHwy_ f ---,•,,,,...-4 f ,*.. S - e Y.M+sw : s 4 s Ya o • • +t'S767 82/ h 'M • �rra� '� rn • • • • • • ..,:.,,,..,„„,‘„;••,,F,g,:r.,,,,,-„5..,--,„y,,,,,,,..„,ftik,,,..4,k•-,,,t,A.?•-4-,,t,,...,,„••••7. „, -1 .• •?. ifit ,r, ..„,,,- L.,,4 .,.-‘--,.,-1 -•,-•-‘,F,_..,,-;:_,.•,.-,•,••••,',..•':::•?.,...._:•„•;i4„,ygi---,-,...-,.--,,,. .;--.:-,,:<,-;•-,-•••••'-:' .,•••• ....5 -, ••••'' . - , •, "-< , ',••• ',,,.' . • , . ... _ -•'‘-?''.4...s•,L42fil'o':•••*2:-•';•:IRIZ.:•;•V;4-g-•,fP•-::::•-•0.',-,-.f..i.kijll':: --.:,:.,,. i,,,,•,.,7 „i4„,;,,k,:•-•:-.,,,,:,•,,,,,,f,•.2,•,,o,,o,,,i-,44:''''',,Zgil'''''''''''4',•;'.ii:'''''''A'''..-!;•-,AAL' .-',:':- '2,-...,-- ,,•,',.-.:•'•••'_,,r--,-.'‘•--„"'-'--,,,,"-'4,,,,,,:',‘: R k� • • h,,, Aa c s q E $ 4 i t a '�+! - ,a. -• k J 7f" xa L,. • -• .sx` it !' 1� ry: F k iyt� ytyc":t 1 ' } �]rky , , rte'. , • REDUCT1 ~ F, { 1 x • . ... . toelk , 31` ex911' on • t/ r • - ��er �rsrR.Efil<ttar�� rsl � ; N 021 • • • • sC ,d‘l'5 • • o f .`49, . : i .PRIORITIES.: ..,,,..n.3,.,....g..,.;.,77,,,T...„;„,.1:,,:,,..4.,..,.„.,..i;..„, ..,.;.:„..,...e....,, ,,,...__ F .„., ..,..,..„.„.„.„:„:..i.,_.......:,._::__ .,, . • ...„__ ,,,,.„:„..,,,„,...,.;.,.„,,,,....t......:,.. .1-,...1,.w..,,,,,.;,...........,..4: . ..: :::: :iiif-ttlf:r;...i.i.pii.ittimi,iii:..;:,igiritit;s:.,..5.;itit.i.ie...-.*:1,;.e,-,-..1., ,,,..4. 0 .,... ,..,1,,,:,..,. ,.. „,,-..2,..T. ?:::........,,,f_..:.:::::.„......,,..,...:. ,::.:.:i..:.,.,.:,...:,=.....r. . . ..... ......„.,...,..,,.. :":!-:' ,,::,:;;:,..,3-,-,.--.T;--,::::f:-:•,i.--:;:i•:,',.,IX":(.'::::::::3:" - T � �� $ o f "�$Ja � Y1 .gl SS a ` � � TRIAE A +'" - • •� _ l� h • © RA•MS . , is '`,�'.�- � }'' ri x.', �§ .r '. � i t S r a ob • z eat�'`i�s,"�E "_^'kY'^- 't °i. .yr '� .. tg't 1h'�' ;. s *s, ,j^ it 3 3i ys^ 7< 5 E 4 , ,.„ ,� fi a $#i . 4` -t ,4,;'s.•s ze t .t �, ' 4'. ,.f. ° y n . �� + - e -fir Sx r 4 4 Y rca 2T Jr. yr "�E £-- &. .� r sy a ,' .. . - : �-s air :n ��`« :•._ ` `rY i h ^ ; re mend� h� care to -' Y . �f� if� ',, a _. � ,;..-.. - ..:: _.,.r. 41.11,:":::,,....,2 Y } OFFSITE INMATE MEDICAL CARE e� �' a J n � .,ice t • its h reproviders th rr Ing a�latr z 3. '` 'n itm�sdretllt� , - N-' 4 X0"6' `$yr$ C'S...1 y•�' Ant kited to Lead to nifi ntfinal ; �� "� & gu. ; directlyb fitting slyer^ m, � a. t pit} >~ r � 5.. Y' '*'`n£w,�r.r ,. • • • . . . ... . .,. .. .. . • - . . . . .. . .. . . .. . . . .. _ , . . . . . .. . jai -(9 • • • • • • • I • • • • • ..:::,,,,,,..7M:•.'......, '•.•"•':•'•••.: ,t4itS. • ';'•'-'''',,•,••••,•-".•;•••'" •' '• -''''''''' ''••.3,- r -A. hr ft P� 4'RPF F N' 5 J %ixa 1pttA •ay • .. A • a 7rf2 < ,,Y f b A5xJ � 1 N Cy„ a y - • • rvl¢«lExl. r } • kN" &it f7a 4 . 4�`.a '. 4 j '♦i $ r 'fY t to • • • • • ''''''''''''','•','-••-:::':'.':',':',:1;-.'l:.;:'`.:',',:'•••.'•'•...--''',.."1..••'-.--,..':'-.r:','..;-:11''''''' AIL----.."77777. -•:';" ''" '', ''''', '''''', '''..-•••,', ''•:' x 4r • ,ar"'4€�Wa' is S 'i � it - s. .: � � 3 , j}.y� �/�{ j ,{1 iW r -i � L^r l..t.4 fA'{` Rt^*1" • .. t . �,: r it µ yr t Pc�,c. a '�k y- ,� ; • _ I. • • of A v Yak � � k� L t t7 '4 t tF't4 F .I. fY i rf a it {a"* ''Y�,;,�f� "f" "k �'« E a k "�{ 3t' z ' i • • . •• • . • • • • • • • • • • • • • ..t kis{As' ,r -� � • - • P at FB r�4 •x'-r.F' V-46 �::t .�7 ., rktolg , q ;fir ,= :.!:::!..!,,,i::,,,,;:.,:i.:....-P-::,:::,.,:,,,,,E::::::!,:•,.!,i-:,..... , :..: • { 5 f :Z f x' - ¢ +� TIONS .- fit'..?.�{� ; y.A' "`.� f .- '; .� 'Y , - E �x Jk�id* i �T�y'Z `�,Lyy vt. .t T ..-.. .1'::::::,.,4,,,i;:,4,414,Pf!!:..::::,,,,,'.4i4::.',,,,:',..,„1!.;-:. .: . .00it$1;;.04,*,t,„,,f..„,„:,:f.-;k‘47,-,-,,',-","':....,:2.0.9,fr-.717.-.71„'-',":..riiiiibilikoT:t.--. ---• : --_::.-:. ,::...... i { PUL # # RY Al W. sc QOM'. ""YRESOURCE� : .,,,, _ , , , . , : „ -::„-.. •,-p.;T:',A-..•fi•g,,,,'„,,,,,.,.. .f.„ ..- i k x. 3 •- y .x a i 1 _ .c � Sk b w/it ne � ? • L�n<n 'ty '?aa�� fir' .. �. ". 'M+` i`'�. i"s „° 35. 'N � � �"k� �a"nor� ,^� 5, r 8?i k,+ 'u ; ` - as f v r"+ y >a n_, j 'r.,$.:::::-.. . �3. ( �� t � � � � - +fi t� S.I. � I l $ # f 8 M,� 9 [ i k f, a t� '"�� .'.",....:::!'"•',':..',,,,. ....::,•,:••.•.,:.-,,,:- - _ , -.sjitvp,'!,...7.71,;:z :.'"::'::!,„m.gomR"..-• e " I�� � • ref � - 'S ��� . iiiiii11110 • . . . . a '.,,,,,,......•.:.:...77.7•7''' r „,,,,,;,,,,,,,,,,P.,:-.......:- `m - 4 - !s -elf10-1",!. ..,-,-.A‘',:'-;::::.4:,.,.E. date � t :. y'z �' • c. -s t • t1�0 I reform me uresthats t {�f , { trrr 1 r4 at urge sarin. �., end m1 m � .-:,,k;,,,004-,mit I k'3'. 4hXS • � �t��tia .sit'`, '� sus�+ r •• M �z � `�S "�,u+{�°�' "��tk'� fir”� '..::-1.':'•.1-- ;� 3 hEu. w"`s amara 7 ., - " <=": � that would renter the-.. : . i y foram• les,.end 'to '' � � ;, .4,. sin the fctture.SU f3l i policies that provTtiB9� 3 . toperform dutieson b:. .. -t f the State of NOrlda= - i,,'M-I ,, �� t • s� ass z •• .. incr e i traK •for 4(�rt .,..rs •,i t ,,.f t r s . y '; `5�, 't:: - - '' yea L.,,,,,,,:"";W'-'4":"7";44.44"."2''',.-%:;'-' 3t ,,,,,,..'",.4,47;a4",+' -� tx ��' 3+ {% . �, k ) C k •Af , N•,.:::,,,.. " Tdr ?y.. .. !'' .... � . �...� a ^�>>v' ' �"#;sti,,° �`i �`� °�'zt .. • • • • • • • • • • • • • • • • „� ^�4 p ' '. '-'-',•. '.f..' - if,,,', ••,.. ",,,, .4 -.4.-,--„,,,,,:--...-,-,,,.&:-.,.,--,.. 0...,...,:i„,..,-,...„,:' ,!.....-•....:-..-•,-„,:•-:::-.,----,:_.--..,..,'..— • --0 -.•... ,,-,,,,-..,.. .•,.:..,,,,,,,,,,-..,::•,... .....:.,-,J.r.,....",:.,:,..: „;:::...:.,:.-,,,:-.,2.,,,,q;„,mem::::,„:.:. :. .-:. --,,,* .„. .. --- .,- ,-- C ,• ..,..: .,4i': ,„.,..„,.„:„..::..„,.........„,,,,,,,..,..,.,,,,,,,,,,,,,,-.„N:',,,,,,,,,,,,-. - -4-4'.,14,6",4..;,- � k,7.sdr , -W. JL 4 > SY .. • / mil ti foci bq ��or other emergency sh S■ • L...l �+ y p� �tg Certific • a of Public C and Necessity which•wo �t �. �}� yYR + i•ti. ,��, ,195 _ x _ Xaa 1S 77 \tisk $ Nriossstil sstitios ` �'�ir'e tea �' ,'And does not x f i a s liar` to M compen on NKA admin rif. H xt� `� .9e a! ? F 4 ot4 C' it f -Z y5l-! �. 't tai cst ac todiisster dffiA ` r '"z 7 Y `�. �,,c��; • m i - _ s '' �-'" ,�.+ t rax �"'F �`�y: • , • ., � tY Ntiifhinder. a x- • • • • • • • • • • • • • • • • • • • • • . . : . 1:;'"::1...44t-5,4.1ITZ111,f241,1,P;P:'‘'..-lit'i,''i ';...A. ! • ' ° 0.'F •�K=x r _ 3 c G '''''' .154/;111;,.SPORTATION (CONT.) - e� tat ld pr t „,.„-.:,-;....',..---..,:::::--'-‘44(110..,........,...r!'..• of lmi ct f! no than i of i. County's to use Mees r �. ' tV a s county i by bornnence,a i , .n: ” , .a -x;. . „,,,7.7.7-777-7"-:.'":”..- -.. 4Y� ,e'� ,�..ter n ,,,,4.. 84,14-::.„,. an} County IDIS thabi .1°.-I.'-'5.u.vlde service,a d not pro la' #Y 1 s "�' the . • 0 h▪ F�5 S p r . ci s t� wo ld tt)inhibit C3ou! s owner• to �or ▪ q ya 4 t f a $ 44 �� k • x . : G • • ray ; i- ,x b .v�4 : • . ' : Okii4I'llitkefl5i3.444 . -li l''''Ildli:Ifr!'''''.- 4t.07-1,Z.:::::t.:;::: ::: :1'.: ::. ::::::; :::::::..:-:: ji-:'.-::::..),:-'::-'..!=P - . i,,,,..--.4N-1,,,TXt .t''''''',. '''''i WI ?. *a-,,;;Nk,,,00:4':::A:',21'..'f,'''''' itiiiirk;,._.:,.., ,..._:„.....::,: ,..,. ......::, ..:., ...: . , . .. ,.,„ i `r'u a.91 d NITORING 5.-a::: i ..-',_ '-'1,i..,,,Of:1Q.-....-,,'''......;'''''.-:-'it7-ii---,.--.-.:k::::;:',."...'''..112:!..:.11tl.i.a .;.:',..:::::-.-'''•.-..i.':.....:,.6,::::‘,..ri„,„„:.:,.,::::.....,,..,, ,tt :,,......t-ttt,:,,:,.,,,,,,,t„:„:,,,,,, , ,....,,,,,,Att.,,,,,,,„.,,„,„,,,,.,„,,,,,,,„,,,,,.:.,,,,,,,,,...,..„„tt,,.„,-,::::,,:t.,:titt,t,,...,;,,,,,,,,„,..„,t..ttt, .. . ..: ,„.:-: ,,,,,,,t,„,,,,,,,,„:„.,,,,t,,,,,,ii„,t„,„,„.„.:„...,,-„,,.::,,,,,,,t„,,,,.-tt,.,...„:„.„:„„„„,:,,,,.„,,,,tit,,,,..„.„,..„,„,,,,,..„•,.:....„,::,..„:„,iluvEN .,... ::::,..:_:......,,,,,....:.,,,,,..,-::::,,,•„:. .....-„:::: :,::?.,,,,...„-4,,:i..4,.. b i„...,....„.„.„.„ ,. ' ' . . ." t - —°."-- ----,:t....,.,.,. ' '' 't --- —' t''' t . - -- - „. ., ,,,,,,,,,,,,,,,,t,„ l::., ..., •il.f),144)0.,.: .,,Ig.-$,-'4'....-:-",..--_-, ,,',-1,'.,":I:;„.-..".";-„,..,:..q..---.. ."-..'"......:-.T.,:":/. . --":"';'-',.'.-..4..-'''''-'0),...pF-r% ‘•-• __•„:-•.„...:7:r.-.••••.:.-.•-•;:si.-„:„::•:-.&,-•,':..1',,'iiiiM;4,--'0,. • t.,„,gst„..,,,,t.,.., , tt.t".„..„:„..„.,„, ::,,,,,,,,„,,,,..„,,, t : xu . T .c fig 4, ,4fi • { t ft ,� .. EMS 3 3 a r �' � x j` {D 2026 IRCi L SLA " � _ ` ''� � fir: + 4 r i k L,-: ,, 1 ,.: 4- _ S } • z ' t�, rJj'Mt f �' 4 4 t Rd } t� 1f i7�• _ a { ,r • • � ���� Yr4 t w t ; f l 4t 0 � T f } R ■rr n i ,n 4.�M:tA �,r+jj"Ft',k _ x ea 7Yt .-S I lift,LL ,A- .1.'t Yz*aS �- p r,Y, CARE E1 VI � SIN x s '� ::t ' , ' r y' # J� k, a t4.0 iJ 4a *a t p _ .. .!: IV •ER C fi •�F� h�. i N;:.-":•,:7:-.:",,,, ',,,,,';',!",::.-1s1;. „, T tj k.2,-:•.:,b ttt F 1 i.4 sf` �B'i,1" • Y 3 Aa .K J 4,, 'i ° SSA fiAt,t� rR �n ac ��sr -{ c v eft = °i' W' rtv .' h e i :�i' j • t A tt"'�� r xMt t x z 3's" e� "�.' �` € . • i • I • to .. .. .. .. .. . .. _ .. • . . " — .. -Pi .6--- , . .. . ._ .. - Indian River County rA Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 �Its,, \ /* indianriver.gov . �� MEMORANDUM File ID: 25-0995 Type: Department Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich,Jr., County Administrator Kylie Yanchula,Natural Resources Director FROM: Quintin Bergman, Coastal Resources Manager DATE: October 6, 2025 SUBJECT: Award of Bid 2025060- Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project BACKGROUND The proposed project award is for a construction contract between the County and Guettler Brothers Construction LLC, for the Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project(Sector 5 Project). 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, as well as having experienced background erosion since the last nourishment event. Sector 5 is in need of a large-scale beach and dune restoration project to protect upland properties and infrastructure,while restoring habitat for wildlife. Construction activities on the beach are limited to between November 1st and April 30th each year, avoiding the bulk of the sea turtle nesting and hatching season. Construction of the Sector 5 Project is anticipated to occur during the 2025/2026 construction window. The Sector 5 Project will place approximately 153,300 cubic yards of beach compatible sand fill and install approximately 117,500 native dune plants along 3.1 miles of shoreline in Indian River County from the Florida Department of Environmental Protection(FDEP)range monuments R70 to R86. On September 3, 2025,the County advertised the project(Bid 2025060), soliciting bids to construct the Sector 5 Project using sand obtained from either(a) an upland sand source pre-qualified by the County, and/or(b) an upland sand source separately approved by the FDEP. The bid opening was held on October 6, 2025 with six(6)responsive bids having been received. All supporting bid documents are on file and available for viewing in the Natural Resources Department. Indian River County,Florida Page 1 of 3 Printed on 10/16/2025 pow ,qy Leglstar'TM' Bidder Cost Guettler Brothers Construction LLC. $ 6,552,025.00 Dickerson Florida,Inc. $ 7,311,575.00 Custom Built Marine Construction $ 7,485,332.00 RIO-BAK CORPORATION $ 8,274,741.00 Ranger Construction Industries,Inc. $ 8,284,310.00 Eastman Aggregate Enterprises,LLC $ 10,963,993.00 County staff,with support from the County's engineering consultant for the project,APTIM Environmental and Infrastructure,LLC (APTIM)reviewed the bids. Guettler Brothers Construction LLC, is considered the be the lowest,responsive,responsible bidder for the project with a bid totaling $6,552,025. Partial reimbursement funding for the Sector 5 Project is available through FDEP's Hurricanes Ian and Nicole Recovery Project Grant 23IR2 in the amount of$885,600 for Sector 5, and the Federal Emergency Management Agency(FEMA) obligated federal assistance along with Florida Division of Emergency Management(FDEM) funding for losses attributed to Hurricanes Ian and Nicole is estimated to be $2,358,712. Additionally,the County has applied for additional funds through FDEP's Beach Management Funding Assistance Program via a Local Government Funding Request(LGFR Grant). Review of the County's LGFR Grant application is underway and may result in additional funds being awarded to the County. Funds not covered by the sources identified above will be provided through the Tourist Development Tax. Current Funding Summary: Funding Source Amount FEMA+FDEM $ 2,358,712.00 FDEP (23IR2) $ 885,600.00 Grants Sub- $ Total 3,244,312.00 County Share $ 3,307,713.00 Project Total $ 6,552,025.00 ANALYSIS N/A BUDGETARY IMPACT Local funding for beach restoration is provided by a portion of Tourist Tax. With the existing awarded grant and FEMA/FDEM reimbursement funding,the County's estimated share for construction of the Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project is $3,307,713.00,which is budgeted in the Coastal Engineering Fund/CIP/Hurricane Ian- Sector 5,Account# 12814472-066510-22601 (22%) and from Coastal Engineering Fund/CIP/Storm Nicole- Sector 5 Account# 12814472-066510-23007 (78%). If the current LGFR Grant application is awarded,the County cost share will be lowered by the amount of State funds identified in the LGFR Grant agreement. 'Account Name 'Account No. Amount Indian River County,Florida Page 2 of 3 Printed on 10/16/2025 povvG l,Legistar Coastal Engineering Fund/CIP/Hurricane Ian- Sector 5 12814472-066510-22601 $ 727,696.86 Coastal Engineering Fund/CIP/Storm Nicole- Sector 5 12814472-066510-23007$ 2,580,016.14 Total $ 3,307,713.00 PREVIOUS BOARD ACTIONS 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. Approval of FDEP Grant Agreement No. 23IR2, June 20, 2023 Approval of Work Order No. 2018029-13 -APTIM Sector 5 Pre-Construction and Engineering Services,May 20, 2025. Approval of Grant Application for Funding Assistance from the State of Florida Beach Erosion Control Program-FY 2026/27,June 17,2025. POTENTIAL FUTURE BOARD ACTIONS Approval of a future Release of Retainage for the Sector 5 Project Approval of a possible LGFR Grant Agreement 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 recommends that the Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project(Bid 2025060)be awarded to Guettler Brothers Construction LLC, in the amount of$6,552,025.00 and request that the Board County Commissioners approve the sample agreement and authorize the Chairmen to execute said agreement after review and approval of the agreement by the County Attorney as to form and legal sufficiency, and after receipt and approval of the require public construction bond and insurance. Indian River County,Florida Page 3 of 3 Printed on 10/16/2025 powytl t(.eyistar TM SECTION 00520 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shallcomplete all Work as specified or indicated in the Contract act Documents. The Work is generally described as follows: The proposed project includes beach and dune renourishment within the County's Sector 5 Project Area via the placement of approximately 153,300 cubic yards of beach-compatible sand fill and the installation of about 100,000 native dune plants over approximately 3.1 miles of Atlantic Ocean beach in Indian River County. Sand 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. To avoid adverse impacts to nesting sea turtles, construction is expected to be completed during the period of November 1, 2025 to April 30, 2026. The County may elect to authorize the installation of approximately 17,500 additional plantings for hazard mitigation dune vegetation under Bid Alternate 1. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: SECTOR 5 HURRICANES IAN & NICOLE BEACH AND DUNE RESTORATION County Project Number: NAT25-01 Bid Number: 2025060 Project Address: Sector 5, Indian River County ARTICLE 3 - ENGINEER 3.01 APTIM Environmental& Infrastructure, LLC is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before April 30, 2026. Agreement -00S2-5 B. If the Work is not completed on or before April 30, 2026: a) the CONTRACTOR shall cease construction operations, demobilize equipment as accepted by the OWNER, and remobilize equipment to resume construction on or after November 1, 2026—without additional cost to the OWNER; and b) Contract Times would pause on April 30, 2026 and recommence to run on November 1, 2026 to run no later than April 30, 2027, as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $3,813.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $3,813.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. Agreement -00$2$ A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days to provide a list to the CONTRACTOR of items to be completed and the estimated cost to complete each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of$10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list,the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 Do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. Agreement -00$2-7 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods,techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Agreement -00$2-8 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is registered with and will use the Department of un Security's E-Verify system (www.e-verify.gov)to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONTRACTOR is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S.,stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. L. CONTRACTOR will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. M. CONTRACTOR does not meet any of the criteria in Section 287.138, Florida Statutes, relating to Foreign Entity ownership, that would exclude it from eligibility to enter an agreement which may give access to an individual's personal identifying information. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor& Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Specifications prepared by APTIM Environmental & Infrastructure, LLC dated August 21, 2025 Agreement -00$2-9 12. Drawings consisting of a cover sheet (1), and sheets numbered 2 through 22, inclusive, with each sheet bearing the following general title: Sector 5 Beach and Dune Restoration Project; 13. Addenda (if applicable _ - ); 14. Appendices to the Invitation to Bid (enumerated as follows): Appendix A — Construction Specification Prepared by APTIM Environmental & Infrastructure, LLC dated August 21, 2025 Appendix B—Environmental Permits Appendix C—Contractor Daily Reports Format Appendix D— Upland Sediment QC/QA Plan Appendix E—City of Vero Beach: Truck Restricted Roads Map Appendix F— Final Plans Sector 5 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 19. List of Subcontractors (page 00458-1); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. Anti-Human Trafficking Affidavit (page 00462-1); 22. Foreign Entity Ownership Affidavit (page 00464-1); 23. Certification Regarding Lobbying (page 00466-1); 24. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract Agreement -00$1-0 A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, 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, provide 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 exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion 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 destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Agreement -00133-1' CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. 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(a indianriver.gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 10.07 Cooperative Purchasing A. This agreement is available to eligible agencies for cooperative procurement purposes, however, COUNTY is not a party to any agreement or dispute between CONTRATOR and an agency utilizing this provision. 10.08 Availability of Funds A. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.09 Changes A. Any modification to this agreement must be made in writing. The cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable,within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. ARTICLE 11 —FEDERAL CLAUSES 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or Agreement -00$1-2 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. Agreement -00$1-3 The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages. (i) Withholding Process. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b)on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. Agreement -005834 (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its re-procurement costs; (C)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D)A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part. C. Further Compliance with the Contract Work Hours and Safety Standards Act (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. D. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b)The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Agreement -005835 Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b)The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. E. Suspension and Debarment (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to OWNER,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. § 1352 Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii)At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines. (3)The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Agreement -005836 H. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c)of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2)The Contractor shall report the following information pursuant to paragraph (d)(1)of this clause: (i)Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier(if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Agreement -005837 contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. I. Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means,for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. J. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. K. DHS Seal, Logo, and Flags: The contractor must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of OHS component (e.g., FEMA, CISA, etc.)seals, logos, crests, or reproductions of flags, or likenesses of component officials.. L. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. M. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the OWNER, contractor, or any other party pertaining to any matter resulting from the contract. N. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to its actions pertaining to this contract. O. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(6) to ensure that small and minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms are used when possible. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their Agreement -005838 behalf. This Agreement will be effective on day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners). OWNER: CONTRACTOR: INDIAN RIVER COUNTY COMPANY NAME By: By: Joseph E. Flescher, Chairman Name: Title: By: John A. Titkanich, Jr., County Administrator (Corporate Seal) (If CONTRACTOR is a corporation or APPROVED AS TO FORM AND LEGAL partnership, attach evidence of authority to SUFFICIENCY: sign) By: Jennifer W. Shuler, County Attorney Attest: Name: Title: Ryan L. Butler, Clerk of Court and Comptroller Designated Representative: Name: Attest: Title: Deputy Clerk Address: (SEAL) Phone: Designated Representative: Name, title address phone email * * END OF SECTION ** Agreement -005$39 "113 Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: 561.391.8102 A P T I M Fax: 561.391.9116 www.aptim.com October 7, 2025 Mr. Quintin Bergman Coastal Resource Manager Indian River County Natural Resources Department - Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project Bid Recommendation Letter Dear Quintin: This is to recommend selection of the low bidder, Guettler Brothers Construction LLC., to the County for construction of the Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project along the County's Atlantic Coast shoreline. This recommendation is based on the assumption and provided documentation that the Contractor, Guettler Brothers Construction LLC., understands and has appropriately considered the nature of the project within the environmentally sensitive project area and performs as intended, meeting all of the requirements of the specifications of the project. The recommendation for the selection of Guettler Brothers Construction LLC. is predicated upon County approval of the appropriate certificate of insurance documents with all required endorsements and stipulations, performance and payment bonds and any documents and/or endorsements required by the County. Please do not hesitate to contact me if you have any further questions or comments. Sincerely, Nicole S. Sharp, P.E. Director, Civil and Coastal Engineering Aptim Environmental & Infrastructure, LLC 840 Indian River County Complex Administration Com Indian River County, Florida Adm1801 27th Street Vero Beach,Florida 32960 indianriver.gov 44po �� MEMORANDUM File ID: 25-1001 Type: Department Staff Report Meeting Date: 10/21/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich,Jr. County Administrator Kylie Yanchula,Natural Resources Director FROM: Quintin Bergman, Coastal Resource Manager DATE: October 7,2025 SUBJECT: Work Order No. 2018029-14-APTIM Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project Construction Administration 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 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 Hurricanes Ian and Nicole Beach and Dune Restoration Project(Sector 5 Project)to maintain protection to upland properties and infrastructure,while restoring habitat for wildlife. The Sector 5 Project will place approximately 153,300 cubic yards of beach compatible sand fill and install approximately 117,500 native dune plants along 3.1 miles of shoreline in Indian River County from the Florida Department of Environmental Protection(FDEP)range monuments R70 to R86. Staff has recommended on today's BCC meeting(October 21, 2025)that the BCC award Bid No. 2025060 to Guettler Brothers Construction LLC, for the Sector 5 Project. Should that recommendation be approved by the BCC, construction activities would be performed in accordance with strict permit requirements. The proposed Work Order No. 2018029-14 from APTIM provides professional services in support of construction administration and monitoring during the construction phase of the Sector 5 Project. Work Order No. 2018029-14 includes eight(8) separate tasks pertaining to construction administration services for the Sector 5 Project. -Task one (1)requires APTIM to conduct weekly construction progress meetings and prepare meeting minutes Indian River County,Florida Page 1 of 3 Printed on 10/16/2025 pow ci qy I egstar,TM throughout Project construction. Task 1 is to be billed at a lump sum cost of$11,700. -Task two (2)requires APTIM to perform no more than 128 days of on-site observations and technical assistance. Task 2 is a lump sum cost of$237,525.60. -Task three(3)covers APTIM's engineering interpretations or clarifications of the contract documents and assist the County ensuring the Contractors adherence to the Contract Documents. Task 3 is a lump sum $31,949. -Task four(4)requires APTIM to check the Contractors sand volume calculations during each payment application. Task 4 is a lump sum of$9,904. -Task five(5)requires APTIM is review and assist the County during project close-out. Task 5 is a lump sum of$5,385.60. -Task six(6)requires APTIM to prepare and submit a project report and required engineer's certification of completed construction. Task 6 is a lump sum cost of$8,222. -Task seven(7) covers the need for APTIM to perform independent check surveys on a as-needed basis. Task 7 is a lump sum cost of$6,192. -Task eight(8) covers APTIM's subconsultant Ecological Associates Inc.to perform permit require sea turtle and shorebird monitoring during the construction phase. Task 8 is a lump sum cost of$101,752.35. Work Order No. 2018029-14 for site visits, construction administration and oversight services associated with the Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project is not to exceed$412,630.55 ANALYSIS N/A BUDGETARY IMPACT Local funding for beach restoration is provided by a portion of Tourist Tax. Funding in the amount of $90,778.72 will come from the Coastal Engineering Fund/CIP/Hurricane Ian- Sector 5 account number 12814472-066510-22601, along with$321,851.83 from the Coastal Engineering Fund/CIP/Storm Nicole - Sector 5 account number 12814472-066510-23007. Account Name Account No. Amount Coastal Engineering Fund/CIP/Hurricane Ian- Sector 5 12814472-066510-22601 $ 90,778.72 Coastal Engineering Fund/CIP/Storm Nicole- Sector 5 12814472-066510-23007 $ 321,851.83 Total $ 412,630.55 PREVIOUS BOARD ACTIONS 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, Indian River County,Florida Page 2 of 3 Printed on 10/16/2025 powstir Legistar"" 2018. Approval of Work Order No. 2018029-13 -APTIM Sector 5 Pre-Construction and Engineering Services,May 20, 2025. POTENTIAL FUTURE BOARD ACTIONS Approval of a future Release of Retainage for the Sector 5 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 recommends the BCC authorize Work Order No. 2018029-14 in the total lump sum amount of $412,630.55. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-14 after review and approval of the agreement by the County Attorney as to form and legal sufficiency. Indian River County,Florida Page 3 of 3 Printed on 10/16/2025 powg4py LecpstarTM. WORK ORDER NUMBER 2018029-14 SECTOR 5 HURRICANES IAN AND NICOLE CONSTRUCTION ADMINISTRATION This Work Order Number 2018029-14 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 By: By: ,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 844 Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 APTIM Fax: +1 561 391 9116 www.aptim.com Exhibit 1 October 8, 2025 Quintin Bergman Indian River County Natural Resources Department—Coastal Division 1801 27th Street, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5—2018029—Work Order#14 Construction Administration Dear Quintin: 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 administering construction for the Sector 5 Project including periodic site observations and project certification. This proposal is intended to follow WO#13 — Pre-Construction and Engineering Services for the Sector 5 project, which includes services through the Bidding and Construction Preparation Services phase. The tasks to perform this work are listed and described below. A breakdown of the hours and expenses to develop the cost is included as Exhibit 1. The scope and fee was 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: Progress Meetings APTIM will coordinate and conduct weekly construction progress meetings with the County and Contractor. APTIM will direct the meeting, covering work progress and schedule, conformance to plans and specifications, and other relevant issues that may need to be discussed. APTIM will also record and distribute meeting minutes to the project team. APTIM will collect and incorporate meeting minute comments and distribute final meeting minutes, if applicable. The proposed budget for this task includes up to twenty-six (26) construction progress meetings. Deliverable APTIM will distribute the final meeting minutes in PDF format to the project team. Schedule APTIM will distribute the draft meeting minutes within two (2) days of the meeting date. APTIM will distribute the final meeting minutes upon receipt of any comments from the project team, prior to the next meeting. Cost 845 0AAPTIM October 8, 2025 , Page 2 of 7 The lump sum cost for this task is $11,700.00. Task 2: Site Observations APTIM will assist the County with engineering services, technical assistance, and on-site observations during construction in order to certify the project was constructed in compliance with the contract documents as Engineer of Record. APTIM will perform site visits on days of active construction and will provide up to eight (8) hours of observation per visit. It is assumed that one (1) site visit per week will be scheduled on the same day as the weekly progress meeting described in Task 1. APTIM will coordinate with the Contractor to perform site visits on days when on-site construction activities are scheduled. The activities, observations, photographs, discussions with the Contractor, and other issues will be documented in a daily observation report and submitted to the County. APTIM's on-site representative will: • Observe construction activities at the beach and periodically visit the upland sand mine(s) • Visually assess the quality of fill material delivered to the project site and placed on the beach • Observe the Contractor's work for compliance with the contract documents and permits • Photograph and document the project as the work progresses • Communicate issues, deviations, and/or consistencies that may arise • Attend progress meetings Upon completion of sections of constructed beach, two (2) duplicate sand samples will be collected at each FDEP Reference Monument profile line to assess the grain size, silt content, gravel content, and Munsell color for compliance, in compliance with the approved Sediment QA/QC Plan. One (1) sample will be quantitatively tested and the other archived for 120 days after project completion. Deliverable APTIM will prepare observation reports summarizing each site visit, which will be used to document the project progress and events. APTIM will prepare a summary table of the sediment samples and test results for the sediment compliance parameters, and a complete set of laboratory testing results as required by the approved Sediment QA/QC Plan. The sediment testing results will be included in the Project Completion Report. Schedule The proposed budget for this task includes up to 128 days of construction observations, based on the tentative schedule. Cost The lump sum cost for this task is $237,525.60. Task 3: Construction Administration APTIM will provide necessary interpretations or clarifications of the contract documents requested by the Contractor through the County. APTIM will also make determinations on non-conforming and unauthorized work as described in the project plans and specifications. APTIM will assist the County to prepare field changes or change orders requested by the Contractor, recommended for approval by APTIM, and agreed to by the County. These documents will be submitted electronically in PDF format 846 APTIM ` - October 8, 2025 Page 3 of 7 unless they must be sealed, at which point a hard copy will be provided along with an electronic copy at the time of issuance. This scope of work is based on the assumption that there will be a maximum of three (3) change orders and three (3)field adjustments. APTIM will review daily quality control reports and other submittals provided by the Contractor. APTIM will review and respond to correspondence from the Contractor through the County on an as needed basis. APTIM will also respond to Contractor questions via phone. If the questions are sufficiently technical or the response may deviate from the plans and specifications, APTIM will document these conversations and circulate a summary to the County and Contractor via email. APTIM may require that the Contractor submit an official contract change request. During construction, APTIM will confer with the County, the Contractor, and regulatory agency staff to review and document that the County has fulfilled reporting requirements cited in the permits. APTIM will assist the County with documentation of permit compliance. Deliverable APTIM will provide project-related documentation as described above. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress, construction schedule, and any issues which may arise during construction. However,APTIM will work with the project team to administer construction through completion. Cost The lump sum cost for this task is $31,949.00. Task 4: Payment Review APTIM will review all invoices for payment submitted by the Contractor and determine the amounts of progress payments due based on completion of work. APTIM will analyze the survey data and compare the requested payment volume to APTIM's computed pay volume. APTIM will also assess whether the Contractor is eligible for other pay items and the amount due. Deliverable A letter of payment recommendation will be submitted to the County along with the Contractor's pay request in PDF format. Schedule Payment recommendations will be submitted to the County in accordance with the requirements of the County's standard terms and conditions for the project. Cost The lump sum cost for this task is $9,904.00. 847 APTIM October 8, 2025 IPage 4of7 Task 5: Project Closeout APTIM will conduct one (1)substantial completion site visit with the County and Contractor, which will be conducted following dune and beach fill placement. Upon completion of the substantial completion site visit, APTIM will assist the County in the preparation of a punch list of items to be completed by the Contractor prior to final acceptance. APTIM will conduct one (1) final acceptance walkthrough with the County following site restoration, installation of dune vegetation, and demobilization. This final site visit will be conducted to confirm that the Contractor has completed the punch list items. Deliverable APTIM will prepare and distribute a punch list to the project team upon finishing the substantial completion site visit. A letter summarizing recommendations for final payment to the Contractor and release of any retainage will be prepared at the completion of the project. Schedule APTIM will conduct the substantial completion site visit within seven (7) days of the receipt of written notice from the Contractor of substantial completion. APTIM will conduct the final walkthrough within seven (7) days of receipt of written notice from the Contractor that all punch list items have been corn pletion. Cost The lump sum cost for this task is $5,385.60. Task 6: Project Report & Certification After completion of the project and the Contractor has demobilized from the site, APTIM will provide a written Project Completion Report to the County, which will include a summary of the work performed along with a compilation of the pertinent correspondence and data. APTIM will provide a written statement of completion and certification to satisfy permitting requirements noting any deviations from the permitted projects. This certification will state whether the project was constructed in substantial compliance with the plans and specifications. Our certification will be qualified and based on the extent of APTIM's involvement in construction observation. Deliverable APTIM will provide one (1) hard copy of the Project Completion Report and written statement of completion to the County; electronic copies in PDF format will also be provided. Schedule The Project Completion Report will provided within approximately sixty (60) days after completion and acceptance of construction as required by the permit. The written statement of completion and certification will provided within thirty (30) days after completion and acceptance of construction authorized by the permit. Cost The lump sum cost for this task is $8,222.00. 848 October 8, 2025 APTIM Page 5of7 Task 7: Check Surveys APTIM will conduct up to two (2) independent check surveys to evaluate discrepancies that may arise between the Contractor's requested pay volume and APTIM's computed pay volume based on the construction plans. This will allow for a prompt, independent check should questions arise regarding the data obtained by the surveyor retained by the Contractor to perform pay surveys. The surveys will be conducted with land-based equipment and extend to sufficient wading depth to complete the data check. Deliverable APTIM will include the check survey cross-sections in the Project Completion Report, if applicable. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and pay survey results. APTIM will mobilize in an expeditious manner according to construction progress. Cost The lump sum cost for this task is $6,192.00. Task 8: Construction Phase Sea Turtle and Shorebird 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 and shorebird monitoring tasks, which states: This proposal addresses construction-phase sea turtle and shorebird permit-compliance monitoring along approximately 3.5 miles of beach during the 2026 nesting season. 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) No. 0363427-001-JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks will be performed under this work order include: • Task 1: Pre-construction and Progress Meetings • Task 2: Daily Sea Turtle Monitoring and Data Management • Task 3: Nighttime Sea Turtle Monitoring • Task 4: Sea Turtle Nest Protection • Task 5: Construction-phase Nesting Shorebird Monitoring and Protection Cost The lump sum cost for this task is $101,752.35. Summary The total lump sum cost to perform the proposed work described herein for Sector 5— 2018029—Work 849 APTIM October 8, 2025 Page6of7 Order#14 is $412,630.55. 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 Contractor 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. Sincerely, Authorized Corporate Signature Nicole S. Sharp, P.E. Nicole S. Sharp Director, Civil and C stal Engineering Aptim Environmental & Infrastructure, LLC Printed Name cc: Eric Charest, IRC Director, Civil and Coastal Engineering James Austin, P.E., APTIM Title 850 AA P T I M October8, 2025 Page 7 of 7 EXHIBIT 1 • Indian River County,FL Sector 5-2018029-Work Order#14 Construction Administration Summary of Labor Hours and Cost Construction Project Report& Progress Meetings Site Observations Administration Payment Review Project Closeout Certification Check Surveys Sea Turtle Monitoring Task 1 Task2 Task3 Task4 Task Task6 Task7 Task8 Totals Labor Bill Labor Labor Labor Labor Labor Labor Labor Labor Labor Title Rate Hours Cost Hours Cost Wows Cost Hours Cost Flours Cost _Hous Cost Hours Cost Hours Cost Hours Cost Principal Engineer/Sr Proj M1gr $250.00 $ - 115 $ 28,750.00 25 $6,250.00 2 $ 500.00 - $ - 2 $ 500.00 - $ - - $ - 144 $ 38,000.00 Expert Witness(Testimony) $300.00 $ - $ - $ - - $ - _ - $ - - $ - - $ - - $ - - $ - Program Manager $190.00 $ - 120 $ 22,800.00 26 $4,940.00 3 $ 570.00 $ - 2 $ 380.00 $ - $ - 151 $ 26,890.00 Sr Coastal Engineer/Proj Mgr $165.00 $ - $ - $ - $ - $ - $ - - $ - - $ - - $ - CoastalEngineerIll $150.00 78 $ 11,700.00 $ - _ 99 $14,850.00 50 $7,500.00, 34 $5,100.00 20 $3,000.00 - $ - - $ - 281 $ 42,150.00 Coastal Engineer II $125.00 $ - 598 $ 74,750.00 $ - - $ - - $ - - $ - - $ - - $ - 598 $ 74,750.00 Coastal Engineer I $105.00 $ - 572 $ 60,060.00 $ - - $ - , - $ - 40 $4,200.00 - $ - - $ - , 612 $ 64,260.00 Coastal Modeler II $130.00 $ - $ - $ - - $ - - $ - - S - - $ - - $ - $ - Coastal Modeler l $110.00 $ - $ - $ - - $ - - $ - - $ - - $ - - $ Professional Surveyor&Mapper$145.00 $ - $ - $ - - $ - - $ - - $ - 4 $ 580.00 - $ - 4 $ 580.00' Hydrographer $135.60 $ - $ - $ - - s - - s - - $ - - $ - - $ - - $ - Surveyor $ 95.00 $ - $ - $ - - $ - - S - - $ - - $ - - S - - $ - Survey Technician $ 80.00 $ - $ - $ - - $ - - $ - - $ - 56 $4,480.00 - $ - 56 $ 4,480.00 Senior Marine Biologist $135.00 $ - . $ - 37 $4,995.00 - $ - - $ - - $ - - $ - . - $ - 37 $ 4,995.00 Morin Bkioget II $ 95.00 $ - $ - $ - - $ - - $ - - $ - - 5 - - $ - - $Marine Biologist Biologst I $ 72.00 $ - $ - $ - - $ - - $ - - $ - - $ - - 5 - - $ Professional Geologist $150.00 $ - 12 $ 1,800.00 $ - _ $ _ - $ - - S - - $ - - $ 12 $ 1,800.00 Geologist II $130.00 $ - $ - $ - - $ - - $ - - $ - - $ - - $ - - $ - Geologist I $ 95.00 $ - 46 $ 4,370.00 $ - - $ - - $ - - $ - - $ - - $ - 46 $ 4,370.00 Geologist I $ 80.00 $ - $ _ $ - _ $ - _ $ _ - $ - - $ - _ $ - Senior CAD Operator $140.00 $ - $ - $ - - $ - - $ - - $ - - $ - - $ - - $ - CAD Operator $105.00 $ - $ - 6 $ 630.00 10 $1,050.00 - $ - - $ - - - $ - - $ - 16 $ 1,680.00 GIS Operator $105.00 $ - $ - $ - _ $ - _ $ - - $ - $ _ $ - Boat Captain $ 80.00 $ - $ - $ - - $ - - $ - - $ - - S - _- $ - $ - Bookkeeper $ 80.00 $ - $ - $ - - $ - - $ - . - $ - - 5 - - 5 - - - Clerical $ 71.00 $ - $ - 4 $ 284.00 4 $ 284.00 $ - _ 2 $ 142.00 2 $ 142.00 - $ - 12 $ 852.00 Technician $ 60.00 $ - $ - _$ - - S - - $ - - $ - - $ - - $ - - $ - Subcontractors - $ - - $ - $ - - $ - - $ - - $ - - $ - -_ $101,752.35 - $101,752.35 Equipment - _ $ - _ $ - _ $ _ , _ $ _ - $ - - $ - - $ 990.00 - $ - - $ 990.00 Materials - - $ - - 5 - - $ - - $ - - $ - - $ - - $ - - $ - - $ - Other ODCs - - S - - $ - - $ - - $ - . $ - $ - $ - _ - 5 . $ - Mobilization - - - $ 44,995.60 - $ - _ $ _ - $ 285.60 - $ - _ $ _ - $ - - $ 45,281.20 TOTAL - 78 $ 11,700.00 1,463 $ 237,525.60 197 $31,949.00 69 5 9,904.00 34 $ 5,385.60 66 $8,22200 62 $ 6,192.00 - $101,75235 1,969 $ 412,630.55 Summary of Cost by Task Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization Totals Task 1 Progress Meetings $ 11,700.00 $ - $ - $ - $ - $ 11,700.00 Task 2 Site Observations $ 192,530.00 $ - $ - $ - $ - $ 44,995.60 $ 237,525.60 Task 3 Construction Administration $ 31,949.00 $ - $ - $ - $ - $ - $ 31,949.00 Task 4 Payment Review $ 9,904.00 $ - $ - $ - $ - $ - $ 9,904.00 Task 5 Project Closeout $ 5,100.00 $ - $ - $ - $ - $ 285.60 $ 5,385.60 Task 6 Project Report&Certification $ 8,222.00 $ - $ - $ - $ - $ - $ 8,222.00 Task 7 Check Surveys $ 5,202.00 $ - $ 990.00 $ - $ - $ - $ 6,192.00 Task 8 Sea Turtle Mtnttoring $ - $ 101,752.35 $ - $ - $ - $ - $ 101,752.35 Totals= $ 264,607.00 $ 101,7523$ $ 990.00 $ - $ - $ 45,281.20 $ 412,630.55 Submitted By: Nicole Sharp Submitted To: Indian River County,FL 10/08/25 851 y t 11/6/2025 Tuesday,October 21,2025 Indian River County Sector 5 Hurricanes Ian & Nicole Beach and Dune Restoration Project Prepared by the Coastal Engineering Division El?r, A 441411W41 Aft- 111 ■ Presentation Overview tfe 47 iv fir' x r" ..� - ward of Bi• Construction Oversight Workorder � ' 2. N . . . 11/6/2025 Hurricanes Ian & Nicole sigagfiLLL• The County's beach and dune system was significantly �-- impacted by the 2 storm events during the 2022 Hurricane Jucksonv Season A Landfall 43 days apart • Hurricane Ian on 9/28/2022 produced 11-foot wave heights offshore %I)a, • y • Hurricane Nicole on 11/10/2022 produced 19-foot wave Tampa NICOLE ' ' Hutchinson Island heights offshore • According to the Post-Storm Engineering Report,Sector 5 tr. :t Myers~. experienced an average dune retreat of 19.4 feet. IAN Miami Cayo Costa • 3 _ . :. 41111111111111111111 Photos of Hurricane Damage g l � IC s:: mm a•a —144 SiC + �s - ,;,n �'•N ` `� .,y,t r-mac"^. z Ocean Club I,II,&III Tracking Station Beach Park Conn Beach Boardwalk 4 11/6/2025 Sector 5 Project Area • —3.1 miles in length —Tracking Station • Designed to place —153,300 cubic yards , Sector of beach compatible sand and Project - —117,500 native salt-tolerant dune Area plants ta Jaycee Beach Park • Re aired dune hei ht will not exceed `°"n Beach 1', p g Boardwalk the pre-storm elevation. • The dune and beach to be extended toward the east _- - Iut,Mrr B«ph passa 5 Sector 5 - Bids Bidder Name Total Bid Amount Guettler Brothers Construction LLC. $ 6,552,025.00 • Bid Advertised Dickerson Florida,Inc. $ 7,311,575.00 —September 3, 2025 Custom Built Marine Construction $ 7,485,332.00 • Bid Opening —October 6, 2025 RIO-BAK CORPORATION $ 8,274,741.00 • County staff and Consultants Ranger Construction Industries,Inc. $ 8,284,310.00 performed review of bid submittals. Eastman Aggregate Enterprises,LLC $ 10,963,993.00 6 6 S �f 3 11/6/2025 Sector 5 - Funding • Awarded a total of$3,244,312 in potential reimbursement funding through FEMA, FDEM, & FDEP Grants. —FEMA+ FDEM: $2,358,712 —FDEP: $885,600 • County's share is estimated at $3,307,713 • Local funding for beach restoration is provided by a portion of Tourist Development Tax. • FDEP is currently reviewing an additional grant request submitted by the County. 7 Sector 5- Timeline November 2025 April 2026 2026 • Anticipated Start of Anticipated Completion Post-Construction Construction of Construction Monitoring Begins Note: No-work scheduled for: • November 26th to 30th • December 24th to January 2nd 8 • C-66— 1 . 4 11/6/2025 Recommendation • Staff recommends that the Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project(Bid 2025060) be awarded to Guettler Brothers Construction LLC, in the amount of$6,552,025.00 and request that the Board County Commissioners approve the sample agreement and authorize the Chairmen to execute said agreement after review and approval of the agreement by the County Attorney as to form and legal sufficiency, and after receipt and approval of the require public construction bond and insurance. 9 • Questions 9 'c'e4 1" .1;,, 410 10 5 11/6/2025 Presentation Overview Oversi . t Wor 11 11 Construction Administration Construction activities performed for the Sector 5 = Hurricanes Ian and Nicole Beach and Dune "'* illiNfikt= Restoration Project require strict adherence with numerous permit requirements. Proposed Work Order No. 2018029-14 from APTIM Environmental and Infrastructure, LLCp rovides professional engineering services in support of IIWINeltalklalliattip construction administration and construction oversight during the Project. • • 12 12 1,5-1 " 6 11/6/2025 Recommendation • Staff recommends the BCC authorize Work Order No. 2018029-14 in the total lump sum amount of $412,630.55. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-14 after review and approval of the agreement by the County Attorney as to form and legal sufficiency. 13 Questions 1"? • 14 I(E6 ( •� 7 11/6/2025 Before and After Hurricanes E SE S SW 1 SE ' S SW W N au a -o 2�a :4s zn, ago I ,.-" I I •-1�,• � I i I I, I I I I i I I I I I I I I I I 0174°S(T) OO 27..677061°,-80.362550°t13R 0 219°SW(T) OO 27.677078°,-80.362521°t13ft 4 _ �y 1 .0i,,,, _, v.,* ° 77. a •- rrte t °, as ,au..,^-.- .,..p' '•: . . .: . Yr J Tracking Station Beach Park • • • IJ 15 Before and After Hurricanes S SW W NVQ' W NW N NE 180 210 240 2]:' 3',C C7p 3p0 :IC FC. 1 • I • 1 • I • 1 • I • 1 • I • 1 • I i I ILS I I 0 251°W(T) OO 27.649516°,-80.354132°±9ft "`, '. Y {F3 Humiston Beach Park • 16 16 • . 56.-1 8 11/6/2025 Before and After Hurricanes S SW I W NW SW W NW N 210 240 27C 300 330 210 2Y0 70 500 3�0 I • 1 • I • . . 1 0 263°W(T) G 27.661092°,-80.357878°±13ft 0 281°W(T) *27.660871°,-80.357840°±13ft y�qm ,, ?rµ 1' rflfn• ' _. t .Yj]i �' ° .Kii....fir.' t _ ( } ..0:. t> Conn Beach Boardwalk f 17 • • 17 • • • • • • .1 • • • 76--, 9 / 31-11 Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach,Florida 32960 * * indianriver.gov ioMEMORANDUM File ID: 25-1002 Type: Department Staff Report Meeting Date: 10/21/2025 TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich,Jr., County Administrator THROUGH: Michael C. Zito,Deputy County Administrator Beth Powell,Parks,Recreation,& Conservation Director FROM: Wendy Swindell, Parks,Recreation & Conservation Assistant Director DATE: October 8,2025 SUBJECT: Environmental Lands Acquisition Status Update Regarding a Purchase Contract -Jungle Trail Island Club Manor BACKGROUND On March 8, 2022, the County Administrator provided the Indian River County Board of County Commissioners ("BCC") with a proposed resolution authorizing an Environmental Land Bond Referendum for the November 8, 2022, ballot. Resolution 2022-016 was passed by majority vote. The Resolution calls for a Bond Referendum Election for the issuance of general obligation bonds as follows: "To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes,with full public disclosure of all spending through annual independent audits." The BCC established the Environmental Land Acquisition Panel (ELAP) as a nine-member group to review information provided during the application process and provide recommendations to the BCC regarding the prioritization of the acquisition of environmentally sensitive lands. The ELAP has held twenty meetings between August of 2023 and September of 2025. The County's environmental bond process allows the public to nominate properties for acquisition at any time during the year. Each nomination period is six months, at which time that period closes and nominated properties are ranked by the ELAP. The close of the first ranking period was on August 31, 2024. Throughout the process, staff and consultants have reached out to landowners to determine which parcels had owners wanting to have their property considered for acquisition through the environmental bond process ("willing sellers"). Owners of parcels nominated by the public were contacted via letter, email and telephone to determine whether the owner was a willing seller. The initial nomination period identified twenty- three nominations with willing sellers. Of these twenty-three nominations, sixteen nominations were submitted Indian River County,Florida Page 1 of 5 Printed on 10/16/2025 powstq'Legtst2ar'''' as "fee simple" nominations (County purchases the property outright), and seven were nominated as potential conservation easements. On January 14, 2025, the ELAP met to rank the nominated properties. Following the ELAP ranking, the properties were "Tiered" to prioritize the process of negotiations with landowners. On March 11, 2025, the Board of County Commissioners approved the ELAP Final Ranking and Tiered List of Nominations. At this meeting the Board authorized staff to pursue Tier 1 Ranked Properties for acquisition consistent with the ELAP's recommendation, including the authority to make conditional offers of purchase and sale subject to approval by the Board of County Commissioners, and in accordance with Florida Statute Section 125.355. Jungle Trail Island Club Manor is a Board approved Tier 1 property. The 19.6-acre property is composed of one parcel located approximately one mile south of the intersection of Jungle Trail and County Road 510,just to the south of the Captain Forster Hammock Preserve. The property was part of the extensive citrus operations present in Indian River County prior to the loss of citrus from disease and other factors. The site has been cleared and now is dominated by grassed uplands. The environmental report that was prepared by Water& Air Research, Inc. for this site has been included as Attachment 1. The site is zoned RS-3 and site plans call for development of a 20-unit, single family residential neighborhood. Chapter V of the Environmental Lands Program Guide (ELPG) describes the factors to be used in the evaluation of nominated properties. During the March 11, 2025, Board meeting staff presented a summary of the evaluation factors for each willing seller property, including the Jungle Trail Island Club Manor project. A brief summary of these factors with respect to the potential acquisition of this property is presented below. Evaluation Factor Project Assessment Natural Communities The site has been cleared of native vegetation; however,the restoration of herbaceous saltmarsh habitat would result in high quality habitat with increased biodiversity. Potential Habitat Habitat restoration would provide herbaceous saltmarsh habitat,which is Value rare in Indian River County, and restored forested uplands would increase biodiversity for the site. Wildlife Corridor or The site abuts the Indian River Lagoon and the Captain Forster Greenway Hammock Preserve. Landscape Value The location adjacent to the Indian River Lagoon&the Captain Forster Hammock Preserve,the potential to create wetlands for water quality treatment, and the resilient nature of saltmarsh habitat are all beneficial landscape considerations for this site. Recreational& The potential to create walking trails,boardwalks, a possible kayak Educational Value launch, and educational programming opportunities are beneficial considerations for this project. Purchase Need vs. A"No Action" alternative to this site has a high potential to result in Other Protection conversion to residential development based on the current zoning and Methods site planning. Vulnerability The potential for conversion to residential development is significant. The lack of regulatory constraints (such as wetlands) increases the potential for development. Indian River County,Florida Page 2 of 5 Printed on 10/16/2025 powse Legistarnr Land Management Restoration of habitats on this property would involve the creation of salt Constraints marsh and hammock habitat. These land uses require minimal land management once established. Adjacent land uses would not be affected by site maintenance. Cooperative Given the location adjacent to the Lagoon and existing conservation Acquisition/Potential lands there are many opportunities for cost share funding for both Grant Opportunities acquisition and habitat restoration. Favorable Market The site has one owner which resulted in less coordination for Conditions acquisition requirements and owner negotiations associated with the sale of the property. At the March 11, 2025, BCC meeting, the Board authorized staff to move forward with the next steps in the land acquisition process, which include obtaining two independent appraisals for the subject property, and to undertake purchase negotiations with the landowner based on these appraisals. Staff obtained two independent appraisals for this project (Attachment 2). The County's acquisition consultant coordinated with the landowner, and a sale price was negotiated. Pursuant to Section 125.355, F.S., once a landowner has accepted and executed a Purchase Agreement (Attachment 3), appraisal results and other confidential information may be released via Public Notice. The County completed the Public Notice of the availability for public review of the Jungle Trail Island Club Manor appraisal on September 24, 2025. ANALYSIS When a county exercises its confidentiality right in purchasing real property, Section 125.355,F.S. requires that the county approves the purchase at a public meeting not less than 30 days after the appraisals are released and public notice of the meeting is given. Consistent with Chapter 125, F.S. requirements, this decision will be brought before the Board at the November 4, 2025, BCC meeting. The purchase option contract for this property that will be presented at the October 21, 2025,BCC meeting is summarized as follows: Purchaser: Indian River Board of County Commissioners Seller: Island Club Manor,LLC Purchase Price: $5,850,000.00 Other Costs: Estimated to be $165,000 (appraisal costs, consultants acquisition fee, due diligence assessments) If the property is acquired, the County will pursue cost-share reimbursement of bond acquisition funds used for land purchase through a variety of opportunities such as Florida Communities Trust, Florida Forever, Land and Water Conservation Fund, and the Coastal Partner Initiative. The opportunities for grant funding towards public access improvements and restoration of habitat include many State and federal sources, including the Land and Water Conservation Fund, the Indian River Lagoon Council, the Coastal Partner Initiative, and the Florida Inland Navigation District. Should the property be acquired, the proposed use of the property would be for environmental conservation and passive public recreation. Based on historic land uses in this area, it is presumed that prior to conversion to citrus grove, much of the site was an herbaceous saltmarsh community at lower elevations and maritime hammock within the eastern limits of the property. Similar to the nearby Jones' Pier Conservation Area,the site affords the opportunity to create wetlands that treat lagoon waters, and a variety of recreation opportunities such as nature trails, wetland overlooks, environmental education and volunteer opportunities. The acquisition of land adjacent to the IRL aligns with the Bond Resolution as there would be many lagoon benefits provided Indian River County,Florida Page 3 of 5 Printed on 10/16/2025 pows.0Legistarn' including: (1) eliminating the potential for high intensity development in proximity to sensitive habitat in the IRL; (2) creating habitat adjacent to the IRL for wildlife that would use wetland habitat not present on the existing property; (3) potential for water quality improvement via the treatment of lagoon waters; and (4) a resilient project that may be designed to withstand changing environmental conditions, thereby affording increased protection for the IRL. BUDGETARY IMPACT This is presented to provide informational only and therefore there is no budgetary impact for the Board to consider. PREVIOUS BOARD ACTIONS 20-1630 06/09/2020 Letter to BCC Re: 2020 Environmental Lands Bond Referendum and Trust for Public Land Report 22-0043 02/01/2022 Presentation from Ken Grudens,Executive Director,Indian River Land Trust,Re: Proposed 2022 Environmental Land Bond Referendum 22-0091 02/01/2022 Proposed 2022 Environmental Land Bond Referendum 22-0194 03/08/2022 Environmental Land Bond Referendum 22-0803 09/20/2022 Updated Draft Environmental Lands Program Guide for the November 2022 Environmental Land Bond Referendum 23-0202 03/07/2023 Indian River County Environmental Bond-Review Committee Selection Process 23-0264 03/28/2023 District#3 Appointee to the Environmental Lands Acquisition Panel(ELAP) 23-0288 04/04/2023 District 4 Appointment to Environmental Lands Acquisition Panel (ELAP) 23-0403 05/16/2023 Appointment of James L. Connaughton ELAP 23-0492 06/06/2023 District#3 Appointee to the Environmental Lands Acquisition Panel(ELAP) 23-0626 07/11/2023 Environmental Lands Acquisition Panel(ELAP) 23-0875 09/26/2023 Award of RFP 2023064 for Ecological Services in Support of the Environmental Land Acquisition Bond Process 23-1155 02/06/2024 Environmental Land Bond-Introduction to the ArcGIS Hub/Dashboard 23-1057 12/12/2023 Environmental Lands Acquisition Panel(ELAP)Recommendation for Finalization of Draft Environmental Lands Program(ELP) Guide 25-0193 02/25/2025 ELAP -District 4 Appointee-Member Resignation&Appointment 25-0319 03/11/2025 ELAP Ranking List of Environmental Lands Acquisition Properties for the Initial Nomination Period 25-0475 04/22/2025 Water&Air Research, Inc. Work Order Number 1, Amendment 2 for Ecological Services in Support of the Environmental Land Acquisition Board 25-0921 09/23/2025 Environmental Lands Acquisition Status Update Regarding a Purchase Contract- Durrance Place 25-0922 09/23/2025 Environmental Lands Acquisition Status Update Regarding a Purchase Contract- Hale Grove 25-0946 10/07/2025 Consideration of a Sale Agreement for the Purchase of the 21.89 acre Hale Grove site through the Environmental Lands Acquisition Bond 25-0947 Consideration of a Sale Agreement for the Purchase of the 11.74-acre Durrance Place site through the Environmental Lands Acquisition Bond POTENTIAL FUTURE BOARD ACTIONS Board consideration to approve purchase of the"Jungle Trail Island Club Manor"project under the County Environmental Bond Program. STRATEGIC PLAN ALIGNMENT Indian River County,Florida Page 4 of 5 Printed on 10/16/2025 powEsi L egistar rrd Quality of Life OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION This is presented for informational purposes only. Indian River County,Florida Page 5 of 5 Printed on 10/16/2025 powrgagg Legistar m Jungle Trail Island Manor Property Indian River County Environmental Bond 2024 t I ` " 14'x' :11$0 11 -4 t4lall �. "ft 4 lig x' v+6 , srd IqN,,a " ..,,,) ikal . 'i .'' iii,, ` � 857 Prepared by: Water & Air Research, Inc. 6821 Southwest Archer Road Gainesville, Florida 32608 Project No. 24-6442 immomor TM water & air RESEARCH, INC. 858 TABLE OF CONTENTS Section Page 1.0 JUNGLE TRAIL ISLAND MANOR PROPERTY 1 1.1 LOCATION 1 1.2 SIZE 1 1.3 CURRENT AND FUTURE ZONING 1 1.4 PENDING ZONING CHANGES AND SPECIAL OVERLAY DISTRICTS 1 2.0 VEGETATIVE COMMUNITIES 1 2.1 LAND USE AND LAND COVER 1 2.2 SOILS 3 2.3 HISTORICAL IMAGERY REVIEW 4 2.4 OFFSITE CONTINUITY OF NATURAL COMMUNITIES 5 3.0 RARE SPECIES 5 4.0 WETLANDS 7 4.1 AEREAL EXTENT AND CONNECTIVITY 7 4.2 ALTERATIONS 7 5.0 WATER RESOURCES 7 5.1 AQUIFER RECHARGE 7 5.2 WATER QUALITY 7 5.3 WATER ATTENUATION 8 6.0 CORRIDORS AND GREENWAYS 8 7.0 RESTORATION,LAND MANAGEMENT,HAZARDOUS MATERIALS,AND RECREATION 8 7.1 RESTORATION POTENTIAL 8 7.2 LAND MANAGEMENT POTENTIAL 8 7.3 HAZARDOUS MATERIALS 8 7.4 RECREATION AND EDUCATION OPPORTUNITIES 8 8.0 OTHER CONSIDERATIONS 9 9.0 SUMMARY 9 Jungle Trail Island Manor Assessmentdocx-101024 859 LIST OF TABLES Table Table 1 The amount of each altered land use type or natural community type on the Jungle Trail Island Manor Property from the Florida Cooperative Landcover Map(2023). Table 2 The animal species listed endangered, threatened, or that are tracked by FNAI that have the potential to occur on the Jungle Trail Island Manor Property. Table 3 The plant species listed endangered,threatened, or that are tracked by FNAI that have the po- tential to occur on the Jungle Trail Island Manor Property. LIST OF FIGURES Figure Figure 1 The Location of the Jungle Trail Island Manor Property within Indian River County,Florida Figure 2 The Florida Cooperative Land Cover Map on the Jungle Trail Island Manor Property Indian River County,Florida Figure 3 The Land Use and Natural Communities on the Jungle Trail Island Manor Property Indian River County,Florida Figure 4 The Under-represented Natural Communities Mapped by FNAI for the Florida Forever Statewide Environmental Lands Acquisition Program That occur on the Jungle Trail Island Manor Property Indian River County,Florida Figure 5 The Soil Types Found on the Jungle Trail Island Manor Property Indian River County,Florida Figure 6 The Florida Fish and Wildlife Conservation Commission's Fish and Wildlife Research Institute Terrestrial Resources Geographic Information System Web Mapping Results for Species Ob- servations near the Assessment Property Figure 7 The Biodiversity Resource Priorities Model(CLIP 4.0)on the Jungle Trail Island Manor Prop- erty Indian River County,Florida Figure 8 The NWI Wetlands and FEMA Flood Zones on the Jungle Trail Island Manor Property Indian River County,Florida Figure 9 Groundwater Recharge Areas Critical to Springs, Sinks, Aquifers,Natural Systems, or Water Supply on the Jungle Trail Island Manor Property Indian River County,Florida Figure 10 The Jungle Trail Island Manor Property and the Conserved Lands in the Vicinity Indian River County,Florida Figure 11 The Landscape Resource Priorities Model (CLIP 4.0) on the Jungle Trail Island Manor Prop- erty Indian River County,Florida 11 Jungle Trail Island Manor Assessmentdocx-101024 860 1.0 JUNGLE TRAIL ISLAND MANOR PROPERTY The Jungle Trail Island Manor Property, Environmental Bond Nomination Number 2, was nomi- nated by a representative of Island Manor Development LLC with the anticipated acquisition type of Fee Simple. 1.1 LOCATION The property is in eastern Indian River County on Tax Parcel # 31392600000010000008.0 (Fig- ure 1). The west boundary of the property lies along approximately 58m of the east bank of the Indian River/Intercoastal Waterway across from Orchid Isle Estates. Jungle Trail road runs along the west boundary. The western portion of the northern boundary is adjacent to largely undevel- oped land and the remaining portion of the north border, and all of the eastern boundary abut Captain Forster Hammock Preserve Conservation Area. The southern boundary is bound by a res- idential development, Island Club Manor. 1.2 SIZE The property is an approximately 19.36-acre irregular shaped rectangle approximately 130 m from north to south and is approximately 650 m wide. There is a small 0.12-acre disjunct associated polygon west of Jungle Trail along the Indian River Lagoon. 1.3 CURRENT AND FUTURE ZONING The current land use zoning is A-1 - Agricultural-1 District (up to 1 unit/5 acres) (Version 9/04/2024)and the future land use zoning is L-2: Low-Density Residential-2(6 Units/Acre)(Ver- sion 3/28/2024). 1.4 PENDING ZONING CHANGES AND SPECIAL OVERLAY DISTRICTS An inquiry to the Director of Planning & Development Services for Indian River County, Chris Balter,revealed the zone classification on this parcel was effectively reclassified from A-1 to RS- 3 on April 26, 2024. RS-3 zone is classified as Single-Family Residential District (up to 3 units/acre). 2.0 VEGETATIVE COMMUNITIES The Jungle Trail Island Manor property straddles two major vegetative community types within Indian River County. The far western side of the property resides in the Indian River Lagoon and associated estuarine wetlands portion of the county, and most of the parcel was likely historically tropical/coastal hammock(maritime hammock,FNAI). 2.1 LAND USE AND LAND COVER There was one natural community type, and five altered land use types identified on the property from the 2023 Florida Cooperative Landcover Map (CLC) (Figure 2). Approximately 88 percent of the site consists of cleared brushland that was likely formerly maritime hammock (Table 1). There was a small area(approximately 1.8-acres)of forested land on the far eastern boundary that was typed "unaltered" mixed hardwood-coniferous swamp, however within this polygon there is 1 Jungle Trail Island Manor Assessment.docx-101024 861 some evidence of historic groundcover clearingapparent in some of the historical aerial hoto- pp photo- graphs. Furthermore, this area that remained forested throughout the years was typed as wetland in the CLC map,but LiDAR indicates it is more likely upland. There is a small 0.12-acre disjunct associated polygon west of Jungle Trail along the Indian River Lagoon. The small 0.12-acre dis- junct associated polygon west of Jungle Trail along the Indian River Lagoon is typed as shrub and brushland in the CLC map however this small polygon is mangrove forest with some invasive exotic plant species. The CLC map Figure 3 and Table 1 present the acreage of each land use and natural community type on the property. Table 1. The amount of each altered land use type or natural community type on the Jungle Trail Island Manor property from the Florida Cooperative Landcover Map (2023). Land Use/Natural Community Acres % Cover Type Up/Wet State Rank Shrub and Brushland(cleared) 17.0 88.0% Altered Upland not ranked Mixed Hardwood-Coniferous Swamp 1.8 9.3% Natural Wetland not ranked Mixed Hardwood-Coniferous Swamp 0.4 1.8% Altered Wetland not ranked Transportation 0.1 0.7% Altered Upland not ranked Urban Open Forested 0.02 0.1% Altered Upland not ranked Residential,Low Density 0.01 0.1% Altered Upland not ranked Total Altered 17.5 90.7% Total Natural 1.8 9.3% Total Upland 17.2 88.9% Total Wetland 2.2 11.1% *The level of disturbance within each onsite natural community has not been assessed. The eastern portion of the site is within the coastal hammock portion of the county. Coastal ham- mocks (maritime hammock) in this area possess a diverse assemblage of tropical and temperate species and can vary from a mature canopy of live oaks and cabbage palms with a sparse under- story of ferns and vines to a dense community of tropical hardwoods,vines, and shrubs,with a fairly open canopy of oaks and cabbage palms. Mangrove and estuarine habitats were likely historically dominant on the western portion of the property. Characteristic species of mangrove swamps include red mangrove,black mangrove, white mangrove, and buttonwood. Brazilian pepper can be a common component especially within disturbed estuarine communities. The western portion of the property has some salt toler- ant marsh species(e.g., salt bush, saltmarsh mallow, giant leather fern, common reed) and typical salt marsh within the county is an herbaceous community that occurs in the portion of the coastal zone affected by tides and seawater but protected from large waves. Dominant species often in- clude saltmarsh cordgrass, saltwort, glasswort, salt grass, seaside oxeye daisy, Carolina sea lav- ender, marsh fimbry, shoreline seapurslane,marsh elder, and saltgrass. There were no regionally rare natural community types (e.g., scrub, scrubby flatwoods, maritime hammock)identified on the property from the CLC map. However, a large proportion of the prop- erty was historically maritime forest which is rare (imperiled) in Indian River County. There ap- pears to be a small remnant(1.8-acres) of maritime forest in the far eastern portion of the parcel. 2 Jungle Trail Island Manor Assessment.docx-101024 862 Figure 4 shows the under-represented natural communities mapped by FNAI for the Florida For- ever statewide environmental lands acquisition program that occur on and near the property. No portions of the property contain under-represented natural communities(scale is Priority 1 through 4 with 1 being the highest priority; 0=no rank). 2.2 SOILS The soil types found on the Jungle Trail Island Manor Property are represented in Figure 5.Captiva (14 acres) and Canaveral (5 acres) were the only two soil types identified on the property. The Captiva series makes up most of the western 0.75 of the site and is currently labelled Shrub and Brushland (old citrus grove) with some small areas labelled as Mixed Hardwood — Coniferous Swamps. The typical vegetation for the Captiva soils series is sand cordgrass,leather leaf fern and Brazilian pepper but on this property, it was historically likely Mixed Hardwood — Coniferous Swamps. The Captiva series consists of very deep, poorly drained, very rapidly permeable soils on broad,low flats near the coast.Internal drainage is impeded by a shallow water table. The water table is within depths of 10 inches for 1 to 2 months during the normal summer rainy season and other periods of high rainfall. In some years the soil is covered by standing water for several days. The Canaveral series makes up the eastern 0.25 of the site and consists of very deep, somewhat poorly to moderately well drained,very rapidly permeable soils on side slopes of dune-like ridges bordering depressions and sloughs along the coast in Peninsular Florida. The native vegetation consists of cabbage palm, scattered saw palmetto,magnolias,bays, and slash pine with an under- story of gallberry and pineland threeawn. The eastern portion of the property has a series of up to seven historic dune and swales that traverse the property north and south (LiDAR figure below). This area was likely historically maritime forest but may have contained some aspects of coastal strand alternating with coastal interdunal swale, given the onsite topography. i t s t, • ‘ 4i. s It , : 4' . p # . i gli lir 0 : r . Aw 1 10 c 'Ci c• ----- 3 Jungle Trail Island Manor Assessment.docx-101024 863 LiDAR Figure. The LiDAR generated digital elevation model of the Jungle Trail Island Manor property,showing the successive ridge and swale topography on the eastern portion of the property and the connected excavated ponds and marsh habitat on the western portion of the site. 2.3 HISTORICAL IMAGERY REVIEW Some of the aerial photographs reviewed for this assessment can be found in the Appendix. 1943 May 05 (UF Map Library) - Jungle Trail road runs along the west boundary of the property adjacent to the Indian River Lagoon - Young citrus grove has been planted on approximately 12.6-acres of the property - Within the grove two linear north south oriented forested strips remain - Small areas east and west of the citrus grove and west of Jungle Trail (mangroves) are still forested - The adjacent forested natural lands (to the north and east — currently the Captain Forster Hammock Preserve) are densely canopied with some minor jeep trails. The Jungle Trail Island Manor property was historically likely a continuation of the adjacent natural commu- nities - South of this property is a large citrus grove 1951 April 4(UF Map Library) - The citrus trees are more mature with some mortality - The natural appearing forested areas are still intact - The adjacent forested natural lands (to the north and east- Captain Forster Hammock Pre- serve) have expanded jeep trails/roads and a grid of dirt roads and house lots along the lagoon 1970 December 29 (UF Map Library) - There appears to be three large linear ditches with adjacent excavated material along the northwestern boundary of the citrus grove - A 1 A has been constructed to the east on one of the large dirt roads No aerial photography was found between 1971 and 1993. 1994 March 17 (Google Earth Pro) - Borrow pit excavation appears to be starting along the northwestern edge of the citrus grove, fill dirt may have been spread around the two new houses on the adjacent properties to the north(Fischer and Skiscim Properties) - The offsite forested areas to the north and east remain, currently Captain Forster Hammock Preserve 1999 February 21 (Google Earth Pro) - Borrow pits have been constructed along the northwestern boundary of the citrus grove, water is visible, and fill may have been spread on the adjacent house property to the north (Skiscim property) - The structure on the Fischer property is gone - Houses are being built in the former citrus grove offsite to the southeast 4 Jungle Trail Island Manor Assessment.docx-101024 864 2005 November 30(Google Earth Pro) - The citrus grove has become fallow with recruitment of various tree species including palms - The citrus grove to the south has been converted to houses and retention ponds 2010 January 3 (Google Earth Pro) - The entire fallow citrus grove onsite has been cleared and mowed; all woody species have been removed - Portions of the linear north south forested areas in the former citrus grove have been re- moved and the tree canopy thinned - The forested area west of the former citrus grove and south of the existing house (Skiscim property) has been thinned and there is a 78m long east-west ditch apparent that runs from the series of borrow pits to the Jungle Trail road - The forested area in the eastern portion of the site appears relatively undisturbed (as well as, in the 2017 aerial) 2024 (Google Earth Pro and Pictometry) - The north south linear forested areas in the mowed area (former citrus grove) have been thinned and cleared of about half the trees (live oaks and cabbage palms remain) - Vegetation in and around the borrow pits has been cleared and the pits may have been deep- ened, some new fill visible on the Fischer property, the "pits" form a continuous zig-zag channel that totals more than 330m in length and some segments are up to 12m wide - The forested area west of the former citrus grove has been mostly cleared,some ditches and a woods road along the southern boundary are visible - The forested area on the eastern boundary has been cleared of some large trees and bare ground is visible(live oaks and cabbage palms remain) - In the mowed areas (former citrus grove) there is a band of exposed soils/ground near the east end,possibly a drier soil or remnant dune - In the mowed area some wetter areas are visible, one is west of the band of exposed soil 2.4 OFFSITE CONTINUITY OF NATURAL COMMUNITIES The small (1.8-acres) forest in the eastern portion is contiguous with the maritime hammock and forested wetland natural communities of Captain Forster Hammock Preserve Conservation Area. The wetland community in the western portion is connected to the mangrove swamp and waters of the Indian River Lagoon via a culvert under Jungle Trail road. 3.0 RARE SPECIES Table 2 includes a list of the animal species and Table 3 includes the plant species that have the potential to occur onsite that are considered endangered, threatened, or rare as listed by the U.S. Fish and Wildlife Service (FWS), Florida Fish and Wildlife Conservation Commission (FWC), Florida Natural Areas Inventory(FNAI)and the Florida Department of Agriculture.A search using the FNAI Biodiversity Matrix Map Server, and the FWS Information,Planning, and Consultation System (IPaC) Resource List was performed for listed species that may potentially occur within the Project Site.These lists were reviewed and only the species that were potentially likely to occur within the habitats available onsite were included. Additionally, species that are tracked by FNAI 5 Jungle Trail Island Manor Assessment.docx-101024 865 or state listed that occur within Indian River that were not included in the Biodiversity Matrix search, but potential habitat occurs onsite, were included in Tables 2 and 3. The majority of the potential rare animals and plants listed for this property are often associated with mangrove wet- land or forested coastal upland communities. Figure 6 shows The Florida Fish and Wildlife Conservation Commission's Fish and Wildlife Re- search Institute Terrestrial Resources Geographic Information System web mapping results for species observations near the assessment property.Note these observations are a collection of spe- cies documented in the vicinity by various means and are a very incomplete representation of what may occur in the area or that may utilize this property. The resources selected for documented occurrences in the area included Black Bear Calls, Black Bear Telemetry,Eagle Nesting, Panther Mortality, Panther Telemetry, Scrub Jay, Wading Bird Rookeries, and opportunistic Wildlife Ob- servations. There are no documented wildlife sightings on the Jungle Trail Island Manor property (Figure 6). Figure 7 shows the Critical Lands and Waters Identification Project(CLIP version 4.0) Biodiver- sity Resource Priorities model, which combines several conservation priorities models including the Strategic Habitat Conservation Areas for Florida Forever,Vertebrate Richness,Potential Rare Species Habitat, and Priority Natural Communities Core Data layers. The property is mapped as Priority 4(Priority 1 has the highest conservation priority on a scale from 1 to 5) (Figure 7). Table 2. The animal species listed endangered,threatened,or tracked by FNAI that have the potential to occur on the Jungle Trail Island Manor property. Global State Federal State Species Name Common Name Rank Rank Status Listing Bird Mycteria americana wood stork G4 S2 T,PDL FT Setophaga discolor paludicola Florida prairie warbler G5T3 S3 N N Setophaga kirtlandii Kirtland's Warbler G3 S1 N Fish Ctenogobius stigmaturus Spottail Goby G2 S2 N N Rivulus marmoratus Mangrove Rivulus G4G5 S3 SC N Reptile Drymarchon couperi eastern indigo snake G3 S2? T FT Gopherus polyphemus gopher tortoise G3 S3 N ST Table 3. The plant species listed endangered,threatened, or tracked by FNAI that have the potential to occur on the Jungle Trail Island Manor property. Global State Federal State Species Name Common Name Rank Rank Status Listing Glandularia maritima coastal vervain G3 S3 N E Harrisia simpsonii (fragrans) Simpson's prickly apple G2 S2 N N Lantana depressa var.floridana Atlantic Coast Florida lantana G2T 1 T2 Si S2 N E Myrcianthes fragrans Simpson's stopper G4 S4 N T 6 Jungle Trail Island Manor Assessment.docx-101024 866 4.0 WETLANDS Approximately 11 percent of the site is covered in wetlands according to the CLC map.The parcel is within the Indian River Lagoon watershed. 4.1 AEREAL EXTENT AND CONNECTIVITY From the CLC map only the mixed hardwood-coniferous swamp natural community was identified on the property(Table 1). Figure 8 shows the wetlands, waterbodies, and flood zones located on the property from the Na- tional Wetlands Inventory (NWI) and Federal Emergency Management Agency (FEMA) maps. The NWI map identified 3.3 acres of wetlands, 17 percent of the site, and only freshwater for- ested/shrub wetland was documented. The excavated ponds,ditches and the Estuarine and Marine wetland polygon west of Jungle Trail were not depicted on the NWI or CLC maps. The onsite wetlands appear to be hydrologically connected to the Indian River Lagoon via a culvert under Jungle Trail that is connected to a dich that extends to the excavated ponds in the northwest corner of the site. 4.2 ALTERATIONS There is evidence of vegetation clearing,and ditches and artificial impoundments have been exca- vated within and adjoining the onsite wetland communities. Invasive exotic plant infestations,particularly Brazilian pepper,could be high. There were several other invasive exotic plant species observed along the edge of the wetland communities that border Jungle Trail and included Australian pine, beach naupaka, West Indian dropseed, Guinea grass, Senegal date palm, and queen palm. 5.0 WATER RESOURCES 5.1 AQUIFER RECHARGE Figure 9 shows the priority ranking for aquifer recharge on the project site.This is a broad measure focusing on the recharge of springs, sinks, aquifers, natural systems, and water supply. Areas of potential recharge to the Floridan and surficial aquifers were determined from soil hydraulic con- ductivity,proximity to karst features, depth to water, and overburden(Florida Forever Conserva- tion Needs Assessment, Tech Report 2023). No portion of the site was identified as a priority for aquifer recharge (ranks 1 through 6 with Priority 1 being the highest priority; 0=no rank) (Fig- ure 9). 5.2 WATER QUALITY The wetlands onsite have the potential to aid in maintaining water quality and in situ water purifi- cation of stormwater entering the system from the uplands. Onsite water quality could potentially be improved by assuring that the essentially impounded wetland is allowed to regularly flush with the tides and hydrological conditions allowing for the continuation of natural biological and chem- ical processes. 7 Jungle Trail Island Manor Assessment.docx-101024 867 5.3 WATER ATTENUATION The wetland communities can help to store water and reduce the speed of water as it flows over the landscape. 6.0 CORRIDORS AND GREENWAYS The eastern portion of the northern boundary and the east boundary of the Jungle Trail Island Manor Property shares an approximately 128m border with the Captain Forster Hammock Pre- serve Conservation Area(Figure 10). The Captain Forster property is part of the Archie Carr Sea Turtle Refuge Florida Forever BOT Project. Approximately 60m of the western boundary lies along the Indian River Lagoon Blueway Corridor. The Indian River Land Trust Pine Island prop- erty is 350m southwest from the site. Figure 11 shows the CLIP landscape priority ranking for the property. This model combines pri- orities from the Ecological Greenways and Landscape Integrity Core Data layers. No portion of this property was ranked a priority. 7.0 RESTORATION,LAND MANAGEMENT,HAZARDOUS MATERIALS,AND REC- REATION/EDUCATION OPPORTUNITIES 7.1 RESTORATION POTENTIAL Possible restoration of the onsite natural communities could include planting of maritime ham- mock vegetation in the uplands,stormwater wetland creation/enhancement,salt marsh restoration, and invasive exotic plant species control. The alterations to the onsite hydrology would need to be more thoroughly assessed to determine the type and amount of restoration that may be beneficial and feasible. 7.2 LAND MANAGEMENT POTENTIAL This property could be a significant addition to Captain Forster Hammock Preserve Conservation Area that was purchased in the mid-1990s by Indian River County with cost-share funds from the State Conservation and Recreation Lands Program. 7.3 HAZARDOUS MATERIALS There are no hazardous waste sites reported on the property from two online sources provided by the Florida Department Environmental Protection Division of Waste Management. Map Direct: https://ca.dep.state.fl.us/mapdirect/ Contamination Locator Map https://ca.dep.state.fl.us/mapdirect/?web- map=bdfa237157c7426a8f552e40a741685e DEP cleanup sites https://www.arcgis.com/apps/mapviewer/index.html?web- map=316 f 774db 3 f 7420faf54008608 faff64 7.4 RECREATION AND EDUCATION OPPORTUNITIES The process of establishing recreational opportunities will require inventorying the area to deter- mine appropriate locations for activities, collaborating with stakeholders, determining the desired objectives that recreation could provide, and identifying the financial costs and benefits of 8 Jungle Trail Island Manor Assessment.does-101024 868 providing the different types of opportunities. Some examples of potential recreation at this site include boating,bank fishing,wildlife viewing, and hiking. The historic Jungle Trail runs along the west boundary. There is the potential for replanting native vegetation and possibly even cre- ating a native arboretum on the parcel. Educational kiosks describing the estuarine wetlands and how they relate to water quality within the Indian River Lagoon could be installed. Similarly, ed- ucational resources that describe the value of the last remaining maritime hammocks to migrat- ing Neotropical birds could be installed and help to influence the management of the property. 8.0 OTHER CONSIDERATIONS The two private parcels northwest of this property that are contiguous with Captain Forster Ham- mock Preserve have also been nominated for acquisition and these parcels are essentially the last opportunity to add to the Captain Forster Hammock Preserve Conservation Area. 9.0 SUMMARY The Jungle Trail Island Manor Property is a 19.4-acre parcel that is contiguous with one of the last large remaining mature maritime hammocks in the county.It contains a mix of cleared citrus grove land with shrub marsh,mangrove swamp and salt marsh estuarine wetlands. 9 Jungle Trail Island Manor Assessment.docx-101024 869 11.1111111111111111111 a FIGURES 870 e , 4,,,.„,<•••-- ... '..• . geogior --. " •r. 03 2 j 1 14 6 = . 0 . . to, -- - >, — . . 0 o 0 > E cu ._ AO c 39‘ .e ;.•,$.' 0 a) co ,c2 a) as -1 0_ ,. „ 0 w 0 LI- ° -c , ... 4'Al.emut4C 1 0 v.4 -•!.' ;- - 0 o 2 . ,. a •:- ,- .1 c4 an a•-''''' . - i . • -63" •.:, : . .,, °s) •r , E ... I° ... ..,- , icao C" c it k atN> P6 ° c4 ' ca wclia' - ' CV m 0 .0 Cs.' L.L. w - - OP- n o ci 2 -5 12 ', • ., o T 1, co . . . cc -Li, c :...... E CO 025 `43 rn CZ ci .1:' CD 0 Lii a- - a - oy.a' C -, c = E 4 = o - .? ‘r _CD CD " o _c cp (JJ 4- > .- 0 c , 0 -5 0 cp >- CO "0 CC (/) . O - UJ g cp iii.- p 0 = 2 4 U- I- o - rn �.�- U CO?. g z . 1 O" 0 CS 61 0�0 N { .11 , s .> ,... _ ' CS '.:, ',.:1 , A .:,„..-:, a� i. , __ :.,_.._,...,,,,,, • Ni. , co i_-,,.., a� * „k :,:; , a. ne' Ne ,. Cfl O p0 LL ::,,,,,,:, ..,,.?.._ ,,,.... .7;. ,4,, tot .t,, ,,,.,,,,,,.. J . • .. N yam 2 Ln On oO aO� T P. y 16 1111111 E o • Hs. m. mY NJ C U OmN al O OOOUL 'O--- m 'O NN c rnu ‘.. O e_ Q NL 0 c L. - cif JO C X N ayr , N V cC NNY ` m N• co iniiU,x a a N r 17 p N co 04 Or ▪ m C- IT � Ody • H_ ' xv� vmtw T k t �ret £y x N� n cc Q# O O u :-.,.., L, ,„-:.,-.,:,,...-,,,-":',--,.-- ; vi N" 4 —410 c.1 , : .5: - ,, . p OCO Eco CO N � .� NN' O O CQ 63-45 =•=12=6u.,° .0!: - Z N 00 River c �; -' Indian c .� f9 a 11 I- 0 — N Li 's 1,I. '-';?'.t---.`'---; Q in o00 O. .-. j CO ^ a % a 0Q co _� N o 0 0 -- o a N c) cg) o o ami c o c0:1 U M "O O o O cB to ` C L.L. 3� ' -C • m . 0 co -Ei m = cc 2 o 0 C o_ C O V 0 2 = �2 Zu0y TO 0y L41 a, idZ - O V O O 3 INT 'O E E ri m e en ii .-+� c m N 72H I N O O Q N N N J LL V N O N d' C N O co N N U m c & L. L v U C m 0) y N N T2- a) a) F X D I >-, Q t c N N E C O c a E M E o o u O = N W o Ulm N x �1111. 'W'"�� 0 »m o o c > 2 Wer ri c -c, c[ w F. Indian�� _ o a) N m st m.cc � o it LL I— 0 Cl) r vs = T N 0! # 17 (l) C7) 1) I/ ag k•17 -� - - •• 0 ° O E eT > C\1 01c CIO +w T Cr) O •.+ ,. p. m a a'v tpt, ,,,k- CoU O i OJ 0UO O O O 'cs o o_ aa TO &it .1 s 0 0 _ I L { '" Z ti a) C1 co o U- i5 c I 44 •' lir j , ti 74, -._� r4 p m N 1 Q g r G N O e N O oN a, V x E a gs svLL 9 q M I m O! C N ..- ..• tD a) y L E O Ml... . oQ za UCo�V N• cr NNaNmSu.T c_< O m W 0_ 7 2 y o ,E 0 C d N CU L_ m «= J 0 c C 7 co CO EC2m E °' a E O C c §' O U y a o T2N c — W C C 2 N 0 dmmosistor N w I- -0 v ix C Z a C 'O - v 1 C .3 c u C 4 c 41 C m ,,,7-' _ N c CD • N C 7 tr y. C Ua a� cc 0 � � C. _el) o c im. Ind' �, 3 L:F- L.L HE N L:01 slit ` S '" .i ` cv a zN111 , , .., — ' . M' ' ::41Tor. .4,,, 3 g 0 QP L 11 ,', ,,,,,, , , * 0 a, . :-,:rii..,v4-174,".4...,,,,-.-,r,,,-., .., , 4.. o , Z� N s. :' :'S,.."7": ' 'It*.:..40c,' , lip„..„, ,004. *Ai N G O No , 1000 � i� o-u 1„,-�^ � d�"'''''''''':'A'''S' t ` `F.A j ui l'It4r.'14,'S.#,), -,i `,''''',"'...,',-,;;-,'''.°'."-:, ., 34` . '41111E4, 4016. 72 ID A. � Ing y. aha:, < • s w <,,...'t L. ca 2 CD 1 CC w a ml 4 . `m 4 4,,,,,i lks mm to, am R# # a N+ yk O Ur OOE CL CD iii; e , O 'C D* < t * 1.7,-,, ,e- C C2C O ‘.2 NC Uy—_ Um srI UQ7A c d, 1— � Wgs p i Ctl CD" ::: Atto CD iiir....._,....,.' '. ..., m � Ln -5 c N N = mc = -,T 05L O o ver LL I— —1 — O fndian Ri.oN m rn r O M ' d) to .1'&3 65 0) f _W VD N �, , Y o c 00 O c0 N � O CO r! to.) Cc U h m = � r � rn d m i_ i O N i �. .0 y C1 O (0 (0 rL >, m O O ca _1 m CO CaZ - '- -3 O) (ll ru ._,C ..)L N L L L L "_ O O c C C u 1,' a O d ._ " 4 m co W d d Cn �i �i o u_ Q • • u o Z o 0 cd • o o o N I. W 0 III o m C IL + LL C N } N m , Q cv d — Q tel" , , — I ,„ 1 „ j �'�, v LL, _ .. . L ., ... , . . . c (0 _.,,, . ,,„ .. ., '',,, .i_. m to O V y w 2 E C7 m m y. ,y, e. OU E N i N o L U O .- O >, m x U O .-t-',' 2 a c ¢o ._ O CO +y+ a0 7 Q o Jii ,. f0 ) d Ci C m O � C O U v aE 81!)2- s fJlrnbrr::v C>r S.,;P),, 81 or �` YY yy, O L N (0 .- ,. . cAV 41F (n N >, C N Je cS >_ s. LL N U) m o N t (rt Co C C N — E 0) O =.77t ._ re :: • '' '. (0 Z . 46.1 O f0 2 m f LL w E LL c anV 4148 z y 'a o (i) 4 a 1 f 2 GC tt -10 • - cy C)� �!'coN a .. C .- _m ___ 0_ O te7":!' MZ o QD ° ? —I C1 71 a I .1 __. t, .rt. ,., r„. . ._ , .:7 41 NmN O C o04� C mO aE. `firm$ e g,LLt _ m9y' s ,. ., m aov N m .7 LL O N c, N O. m N m Q i ez RH p TD :.;:ft.', r'.-1::- -„, ,-,!-;,--lin ' - 0cV adVz 2Nm z p LLaI NN O f0C V h m c.., Ce _4 O RianIndiv. f e= MI _�yy Airy :DL4'. .-- ' "14' -0 7 co 0 C ,� ;, dF `< W` `3 . , CZ G HCl x I) C 00 CO CD .„,,,,,A, '4*.'' N *.e.,.` \,.40N,,,,IAN'ir* '\'''. '''''7ii;4tp .):. ''INi.,:t.",:' N. , 't, `,1 V co r :',,,,k,.,v,,,,,,,:41. .. \'N..:‘444,, .. Nt*,•,, .e,,,,''''-,:4„:,;74., , , ..„ , . * . ,iliP k.„4..:4.,„:4,...t,\A., ..",T. '•,`*,,,,,-.•' , "'\,, '',"*.: 1:4, . .. q , is ,s4t, „Itvfvk t .' -'47 .: 1 I �a ' a'< ,n o `, '„�, W' a ` '�' �' + '►` �'" Y. n - ,,tea,. o N ez P. `: co•„, ,,'' ,-`Nik44,, N t It Bey, kn '� H '4:4:,,,-,! 14.4 N es/ in 4 ,t4i,N**..,:"..,,,..4- * V k s0. � °" � �IN w \`'.:,\‘,..0,0, N L2 k \ .,, • w ^ y it'* " CL's { i:,,, :44. * ,,,, :l'.4**: a. fir: „ Att ,N\°y 'a' a � 'a a '4#4' p.. Vi.µ w. gyp.„ >: ,,„_,,... f0 ii- Vo �,9 � y . C O eF,,,liorelcool, :°" **4 '''' :t.: 144:S t lilt k y ` " Y+ q 4E♦ C C co ,,,7te, . -, ...I i.,...., `,...N Y 4' a . 4 ..* .ate O U `m Rived m z ai e r► rc Iadiaa c co rnLC � o' LL l ' O N • H (!) 'N z ed '- C _ Lac Ir.*� o -3 a � 00 C 0 N co -4t 1.7 <D ' -.... C V L L L L L L 7 J L O 0 0 0 0 0 U a aL a Q. CL a. a L a, - y3 r tu c iM a ca o 'kw p Ln� . aak P A. , F 111111 O Z l(') N ilk Q m N O o I 0 0, 9 E m LL L'7,' o 7i F= m � C9 v L ID = iT N VI Cl , O L NO O 11 n 0- ,- n a C V1 °" 2 rn (n C m cr)N C `c-5_' m 2 L a (/) H N B O _O o N m.--. CO C d E O c O, 1 H U L L-2o a7 U N V u CO• O COa) U C L T-0 ¢ O d ,a I E'= LL e. N � L L "T' 0 Q • O ri s )un le Trail ' • U o v co > r ai N cc z a iv 0c � C Indian > > - E a on° tri,_ = I i.i (.D v) c N 1 -0 iNii :_4 CO rte o C z CO C0 Os c 00 CC N s� ... �� :.I . :_ 4 0 c vii' 0 :' 0;''' te"' ;4 —' t,V.;,,.„,-.1,, awe x k. •C LL vaa @ A dd t M • s ,; � O N p i $00 .. 3,4' rrt Cl. N v p,,+ '.a* a 41,,,,-.1P-ii,-1. f i g s • 4 e ' x w+'f'. ,_ ,,. yin ,. - . o d x '�..45 s r . 13 U ' 373\� P �' O O co Fa At? ,am ''' - :: 41:7 N `.r f 4., / 4 ' O A. N .� Vet •«..�, o r. a riti Le e2 1 LL }t 9 a _ M , ...V3,/..".1'. . .: iiir 4 _... s• ' �Jer N iter Vr a`a � o � m c� C N Q rA e.'�$ o = :::69c d N - �° C� p 0 .• ;, N N 0 0 ~ m cr t- TN a: * C ii F1 `r . `, '. L t0 y.,7t F f9 N t' s • Q k w .,,m•.. :...c2—,:c j `\ 4.• .',, ' riV'sk‘ , N W Ar io- # tqr N >=1 -C3 a 4 F &• (71 V .08 : ' ri.4._ ,..„.,. ...„.....,, ,,,.,,, .).........,, . ....,w ifiria, . ,. ..,46.- }a x s e- ;',: E c0 C N N M 01 6111Ei LO 14sco c0cc OOOa) OO Oi d 0 t� a) dd dy J d j! ix ,i,,,„4„:„... . . _ ... .. ono _ �I 1 oO cO U 0Z., M, 'C I . , 0inr ceNOQNONi O to iWir 9 E E a a ii 1.1 im. N C F E a C N Q Y N N E N O Z.' A N a 7.... 0 LL er a a J F U .4- = nfl aiHma = QU.a_ L wO C cu co•L CD C N o CD L 0= 4 00.00011001 L 2 C O Q v 7 (a � obii-- v y A c N i O N n f N coC T Indian c i= o M aa� U No U N N m 0 C C1lY Z m co O C 7 a) = CO u N L C C =O m E I- O N 1111111111111111111111 APPENDIX JUNGLE TRAIL ISLAND MANOR HISTORICAL AERIALS REVIEWED 882 M 00 00 .'...,;t:t..04,:::t,,, ,...-. .;,,,-,7.:-.7,i,iv:Pt.';'-fi,,Ti,.....''''''.,:i..E:-•,7.-i. *4-...,0,:,;:7:!iti;-'',.;.„;:07.-,-•:;-; -.:,:-1-:7.,..!,144,:-.:.,,,:„. ';',.:1,1:,Iii*,,,,..;..,,,'"- ..,_,,,'.1.,,,i,,,,,,,44..,,'qr' ,� .gam „:=, ' 't':'r F,,r s'i iry d ” k f' � r ,�. $ . i 0 L 0) 0 0 e /� . 0 C L , t a) Q M •J- a) n 00 00 • • • a Co C 0 Ix fir, " . _. CO a) t a .16 610 10. opi � 3 00 00 $T+vF"d" "p` .bac,4..M'+-4. g f` a d ":''''''''' : Ill*',','. , '. .7 "` a (13 AO 0) 0 0 CU L a) Q ",,,,,,,,...... c) 00 00 W 10 �p c , 9 X • N 0 1 _ m a 5�R N oo * ,(4. ,. , .:;. .o.- .,„. ,..,,„.,,,I...-,,,e ,.. , . ,.., --,,, 4!`-'=-,.•,. 4' tf :';:, ,"k- r,J°. I I 4 ft* V 3 -34 3,'.3.;t3.1„,43...3,,,,„ it0, ...--..* - ,...., *. . . 4.i*-^e' • ':,,1voi,=. rir- .,,„,, . 4 * 4,--..t.., . .. Alki . -,...-4r.-4.---.4, ..;. ---,. ,-,Je-4..- - 4(_---.-1,,, , ,4,... ,,..nif2: • '' '-r "1.44,i,, , 1*,',.',i 1E, : ' ,.., e*,...-04 '41.4.$'•,''''''-'" '''''''• 2:".a-'1- ',-.•-`:':!"'.. t tit:'' -•. " 4 ..,4"*".'.. ''g .10, ' • ,.'...... •t 4'' ''' ;',..,'''0* .°,. ,... t:. , 64.6- -C !, "kA,"::`, .44,•:-'z''".!.. - .,'",- -04;,7,141',. -**%• -ti i ;t a vAf, . ---; ._ ,.--$. - - 4 - ; co • ,if , ,,, ,......„ „ ',., , ,,....,,... ;,,1 ,...„.-_,,,,„„,,,,,,, ..! 0) ''7-,,,kk..--7,,,;:s,.., , ,, .f.r.f.*..**;‘':',—..,„,....; , 1,--.' ,..io-j0,, ...., -.4) ,0,,, t 0 ..-. 0 -'?',,,, , -,. ....., 41v0 . 74.4 ,,,,,,,•, .-, ,----. , _c ? -- ...‘4:7,- 2.i! ,-,- ..-. .., ,,,,, ,.0.4..,1,, ,v.,,,,,,,,,,.. -,:i„,::,,:.: .. ,•,..,-,i,,t--,...t *.050,*:I a. - • . ', ,„:•s4)4A!.. ..','''''...."1""•..-. , - re •,,. - ,.•••• ,•- 4 .irot.44,6,,. 411e'Fa.•••', ''''"'-`.•.- -.7_ . a) . 0, , t-,-1 ff 0") , i A ':',, a) # ,---, $ , A ' ,'' r , ." i 4 , . . . . .. . .. ' • .. . ... . - - . - • . - - • . . . . . . . . . . . . .: . . . ... . ' . . • ' - , . . ._ ' ' .. .: , . . . , . . . . . . . . . - • . ..... . . ...• , ' . . .. ....: . " • .. : -. . . , . : ' .•: , - . . . :. ' • . • .- :: ' - ' - : ... : . . . ., .. , '•". -• • ' .. . • , . . . . ... . . -.. . . ' . .• . . . ... 00 00 00 V Rt C r R 0 t ' a g 1` - L . 0) ? ;.'. +, 0 0 I L ( 4 0 Co. rb f • a) 'r O n l I N —m ar 5S t +U y x.. .t �, y. - .. f ,SV Jy 't 4 ...,4 I. ..:, ,,,it . ,:,:r r ;.k.:::: '..; i • . t ii ., , „.,., ,.. ,,, .,„ - . . . . _...„ `-44- 4. a "- s _ --,-•gip, • gr a 1,1 5 2 10 V fik 40 N 2 I } .,K tib 0_ 4-4 I S� .t' yam" ^ CZ CD c alfr x— O N 1 s 1 ;IIw -- �_ Oe 2 140°4 81 5 F. ti - ; w 4 ° -C (13 _ 0 -,+ _co r (N arrii dr•Ar_ .011P o, GO she .• + y J }} �` k1 v otleNak wy ° ` r n J :. ., . i a ctiO Tu .rai1,1 ..14. ,,,. --e I` 9 10 .il „, _, - .. iiii-,,i,,--,:iiiQ .4.N O N .«_ Sig TM water & air RESEARCH, INC. CL R► Eo IO FR 6821 SW Archer Road Gainesville,FL 32608 Voice:352/372-1500 Toll Free: 1/800/242-4927 Fax:352/378-1500 businessdev@waterandair.com www.waterandair.com Environmental Engineers, Scientists, &Planners 892 • nynix Alimiritu) W 'G ► Jai ► REAL ESTATE APPRAISAL REPORT OF 19.6-ACRES OF-VACANT RESIDENTIAL LAND LOCATED AT 1350 ISLAND C [?B MANOR, VERO BEACH„INDIAN RIVER COUNTY,FL 32963 Prepared For: Indian River Comity Ms. Wendy Swindell Assistant Director,Parks&Conservation 1509 9th Street SW Vero Reach,FL 32962 Effective Date of the Appraisal: June 9,2025 Date of the Report: June 24,2025 Prepared by: TUTTLE-ARMFIELD-WAGNER APPRAISAL&RESEARCH,INC. Matthew Jehs,MAI, State Certified General Real.Estate Appraiser RZ2806 Jason Malick,Trainee Appraiser R125267 File Name:AC25-2546 — 93 (Y Tuttle-Armfield-Wagner Appraisals & Research,Inc. 412 E.New Haven Avenue,Melbourne,FL 32901 Matthew W.Jells,MAI,Cert Gen RZ2806 Gay DiGiacomo Cett Gettlalao Email:taw@t-a-w.cor Email:tawres@t4.wgai. Phone: (321)723-7010 Fax:(321)72a-4375 June 24,2025 Indian River County Ms.Wendy Swindell Assistant Director,Parks&Conservation 1509 9th Street SW Vero Beach,FL, 32962 Re: Real Estate Appraisal Report 19.6-Acres Vacant Residential Land 1350 Island Club Manor Vero Beach,Indian River County,FL 32963 File Name: AC252546 At your request, we have prepared an appraisal for the above referenced property. The subject property is legally described in the accompanying,report, of whieb this letter is hereby made a part of and incorporated therein. This report is for your excinaive use and we are not responsible for any unauthorized use. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2(a). It presents a discussion of the data, reasoning, and analyses that were used in the appraisal process to develop the opinion of value. Additional supportingdocumentation concerning the data, reasoning, and analyses is retained in our file. The subject is a 19.6-Acre parcel of sand located with frontage along Jungle Trail and with a prescribed easement from Island Club Manor on the barrier island portion of Vero Beach in Indian River County, The parcel has 11.2% wetlands as indicated on the U.S. Fish and Wildlife National Wetlands Inventory Maps The property has been rezoned from an agricultural designation to RS-3 allowing for single-family residential development within Indian River County. The parcel was acquired in 2022 for $4,500,000 and has been going through the entitlement process of site-plan approval with the county since the acquisition. The site plans call for development of a 20-unit,single family residential neighborhood that would have direct access from Highway MA to the east via a prescribed access easement from the northern elevation of Island Club Manor. The property is not listed for sale nor under contract for purchase. The property is further identified as Indian River County Property Appraiser Parcel ID 31392600000010000008.0. 894 At the request of the client,the purpose of tis appraisal is to estimate the Current Market Value of the subject propezty's Fee Simple estate in its "As Is" condition, effective June 9,2025. This letter of transmittal is not an appraisal report;however,the attached report sets forth the data, research, and analyses that support our value conclusions. Based on the appraisal described in the accompanying report, subject to the Limiting Conditions and Extraordinary Assumptions,we have made the following value conclusions: alue ( unclusions Premise Interest Appraised Effective Date Value Conclusion Current As Is Market Value Fee Simple 6/9/2025 $5,655,000 Please reference Page 6 of this report for important information regarding the Limiting Conditions and Assumptions; Page 9 for Extraordinary Assumptions, and Page .IS ktr scope of research and analysis for this appraisal, including property identillit , inspection, highest and best use analysis and valuation methodology. Acceptance of this report constitutes an agreement with these conditions and assumptions. We certify that we have no present orcontemplated future interest in die property beyond this estimate of value. The appraiser has not performed any prior services regarding the subject within the previous three years of the effective date of this appraisal. intended users of this report is Indian River County, and is intended only for use by them in estimating the market value of the subject property. Parties who receive a copy of this report do not become a party to the appraiser-client relationship and do not become intended users of this report unless the parties were specifically identified as such at the time of the engagement for services. We believe you will find this report to be self-explanatory; however, you are invited to contact us should you have any questions or.rete thither information relative to this matter. We thank you for the opportunity to,provide our professional services. Respectfully submitted, Tuttle-Arnfield-Wagner Appraisal&Research, Inc. Afetie.„, Matthew W.Jetts, MAI Jason Christopher Maikk Cert Gen RZ2806 Trainee.R125267 895 TABLE OF CONTENTS Summary of Important Facts and Conclusions 5 Limiting Conditions and Assumptions 6 Extraordinary Assumptions 9 Identification of Subject 10 Purpose of the Appraisal 10 Client 10 Intended Use and User of Appraisal 10 Owner of Record and Sales History 11 Existing Leases, Rentals or Use Agreements 12 Legal Description 12 Scope of Work 15 Location Maps 17 Neighborhood Analysis 19 Zoning 32 Zoning Map 37 Future Land Use Map 37 Assessment and Taxes 38 Property Description 39 Wetland Map — U.S. Department of Fish & Wildlife Services, National Wetland Inventory 40 Highest and Best Use 47 Valuation Methodology 52 Sales Comparison Approach—Land Valuation 53 Land Comparables 53 Analysis Grid 58 Sales Comparison Approach Conclusion 60 Final Reconciliation 61 Certification 62 Addenda 63 Definitions 64 Professional Qualifications 67 C.� 896 10 - rtant Facts and Conclusions c Report Date : . I Inspection Date • 511 02$: J As Is Date ofVa a •._._._ 16/9/2025 . . _. Property Name lir Property Major Type: !Land : .: 1 AdressI1 350 Island C� . ' r rt Vero Beach — I Cavity •: . IndionRiver • State FL Zip • 3 . • Tax ID 3139210001 osoiiii(101 : 1 Onsier 'Island Air es LU:C c . . . . Land SF 1153,776 Acres • • . . 19.6 : jotting Type • ._._� iRS-3 i 'Pat+eei ID: Cross tend Cis Land able"L ' th 'mai►`..• :Access Area(Acres) Are*18411) Amt_# 3 area(Sq lit) 31392600000010000008.0 19.60 853,776 17.4 757,944 0004; Ate` Value Conclusion Premise Interest Appraised Effe e.Date Value Conclusion Current As Is Market Value Fee Simple 6/95 $5,655,000 I . ! 1 I 1 I 1 Tuttle Atmfield-Wagner Appraisal&Research,Inc. Limiting Conditions and Awsumptktns 1. Acceptance of and/or use of this rot constitutes acceptance of tie following limiting conditions and assumptions; these can only be modified by written documents executed by both parties. 2. The values given in this appraisal report represent the opinion of the signers as to the values as of the dates specified herein. Values of real estate are affected by an enormous variety of forces and conditions which will vary with.,future conditions, sometimes sharply within a short time Responsible ownesship and competent management are assumed. 3. This appraisal report covers the premises herein described only,. Neither the figures herein nor any analysis thereof, nor any unit values derived therefrom are to be construed as applicable to any other property,however similar the same may be. 4. It is assumed that the title to said premises is good; that the legal description of the premises is correct; that the improvements are entirely and correctly located on the property;but no investigation or survey has been Made,unless so stated. 5. The value given in this appraisal report la gross, without consideration given to any encumbrance,restriction or question of title,unless so sem; 6. Information as to the description of the premises, restrictions, improvements and income features of the property involved in this.report is as has been submitted by the C applicant for this appraisal or has been obtained by the signer hereto. All such information is considered to be correct; however, no responsibility is assumed as to the correctness thereof unless so stated in thee-report. 7. Possession of any copy of this report does net carry with it the right of publication, nor may it be used, or relied upon, for any purpose by anyone other than the client without prior written authorization of the client and identified as such herein, and in any event, only in its entirety. Parties who receive a copy of this report as a consequence of disclosure requirements applicable to our client do not become a party to the appraiser-client relationship and do not become intended users of this report unless the parties were specifically identified as such by our client at the time of engagement for services. 8. Neither all nor part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent of the author; particularly as to the valuation conclusions, the identity of the appraiser or the fiat with which he is connected, or any reference to the Appraisal Institute,:or to the SRA or MAI designations. 9. The appraiser herein, by reason of this report is riot required to give testimony in court or attend hearings, with reference to the property herein appraised, unless . arrangements have been previously made therefore, 10. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the delivery of this report duly executed. Tuttle-Armfield-Wagner Appraisal&Research,Inc, 11. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and zoning laws unless noncompliance is stated, defined and considered in the appraisal report. Necessary licenses, permits, consents, legislative or administrative authority from any local, state or Federal government or private entity are assumed to be in place or reasonably obtainable. 12. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. The appraiser does not consider mineral rights. 13.All data relating to land sales, improved property sales, and comparable rentals used in this report are considered to be proprietary; that is, owned by Tuttle-Armfield- Wagner. It is provided to the client for use within this report only. Any other use or distribution of this data without the prior written consent of Tuttle-Armfield-Wagner is specifically prohibited. 14.An environmental assessment was not provided for use in this assignment. No evidence of contamination was observed during our inspection, nor did we note the presence of commonly known toxic chemicals/hazardous materials. Nonetheless, we are not qualified to inspect/evaluate a site for potential hazards or contamination. Therefore, lacking contrary information, we assume that no contamination or environmental hazards exist that would adversely affect the subject utility and/or market value. Accordingly, the market value estimate contained herein is based on the accuracy of this assumption (subject to verification via a current environmental assessment as conducted by a duly qualified environmental scientist or engineer). 15. There are no proposed judgments or pending or threatened litigation that could affect the value of the property. 16. If the property is subject to one or more leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate. 17.No consideration has been given to personal property located on the premises or to the cost of moving or relocating such personal property; only the real property has been considered. 18. The current purchasing power of the dollar is the basis for the value stated in our appraisal; we have assumed that no extreme fluctuations in economic cycles will OCCUT. 19. The value found herein is subject to these and to any other assumptions or conditions set forth in the body of this report but which may have been omitted from this list of Assumptions and Limiting Conditions. 8997Tuttle-Armfield-Wagner Appraisal&Research,Inc. 20. Information, estimates and opinions are verified where possible, but cannot be guaranteed. Maps and plans provided are intended to assist the client in visualizing the property;no other use of these plans is intended or permitted. 21. Unless stated herein, the property is assumed to be outside of areas where flood hazard insurance is mandatory. Maps used by public and private agencies to determine these areas are limited with respect to accuracy. Due diligence has been exercised in interpreting these maps, but no responsibility is assumed for misinterpretation. 22. It is assumed there are no encroachments, easements or other restrictions which would affect the subject property,unless otherwise stated. 23. This appraisal is to be used only for the purpose stated herein. While distribution of this appraisal in its entirety is at the discretion of the client, individual sections shall not be distributed;this report is intended to be used in whole and not in part. 24. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific survey or analysis of this property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. In as much as compliance matches each owner's financial ability with the cost to cure the non-conforming physical characteristics of a property, we cannot comment on compliance to ADA. Given that compliance can change with each owner's financial C ability to cure non-accessibility, the value of the subject does not consider possible non-compliance. Specific study of both the owner's financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance. L 90Q3Tuttle-Armfield-Wagner Appraisal&Research,Inc. Extraordinary-Assumptions An assumption is a statement or condition which is presumed or assumed to be true and from which a conclusion can be drawn. An extraordinary assumption is an assumption which if found to be false could alter the resulting opinion or conclusion. We note that the use of the. following Extraordinary Assumptions might have an effect on assignment results if later found out to be untrue or faulty. Extraordinary Assumptions US Fish & Wildlife National Wetland Inventory Maps indicate tie ptesette of 2.2 acres (11.2%of the parcel);We were not provided with any documentation by ownership regarding wetlands delineation and are not qualifd to .determine exactly how much of the site is wetlands and of what quality and type. However,we assume the information provided by the National Wetlands Inventory Map and the provided Environmental Study are accurate. A current professional title search was not available for our use in this assignment. Therefore, we assume that no easements, encroachments, or deed restrictions exist which would adversely affect the subject utility and hence market value,other than as described herein. 9019 Tuttle-Armfield-Wagner Appraisal&Research,Inc. Identification of Subject The subject is a 19.6-Acre parcel of land located with frontage along Jungle Trail and with:a prescribed easement from Island Club Manor on the barrier island portion of Vero Beach in Indian River County. The parcel has 11.2% wetlands as indicated on the U.S. Fish and Wildlife National Wetlands Inventory Maps, The property has been rezoned from an agricultural designation to RS-3 allowing for single-family residential development within Indian River County. The parcel was acquired in 2022 for $4,500,000 and has been going through the entitlement process of site-plan approval with the county since the acquisition. The site plans call for development of a 20-unit,single family residential neighborhood that would have direct access from Highway AIA to the east via a prescribed access easement from the northern elevation of Island Club Manor. The property is not listed for sale nor under contract for purchase. - -. +1 '�+�. �'' `arm � C. v • ' It 4 The property is further identified as Indian River County Property Appraiser Parcel ID 31392600000010000008.0,with Tax Account ID 37664. Purpose of the Appraisal At the request of the client, the purpose of this appraisal is to estimate the Current 'As Is' Market Value of the subject property's Fee Simple estate effective June 9, 2025. The "Market Value"and"Fee Simple"interests are defined in the Addendum. Client This appraisal report has been prepared for Indian River County, do Ms. Wendy Swindell, Assistant Director, Parks and Conservation, located at 1509 9th Street SW, Vero Beach, FL 32962. Intended Use and .User of Appraisal Intended user of the report is specifically identified as the client. Parties who receive a copy of this report do not become a party to the appraiser-client relationship and do not lime intended users of this report unless the parties were specifically identified as such at the time of the engagement for services. 9020TuttleArmfield-Wagner Appraisal&Research,Inc. 11 Intended user of the report is specifically identified as the client. Parties who receive a copy of this report do not become a ep party to the appraiser-client relationship and do not become intended users of this report unless the patties were,specifically identified as such at the time of the engagement for services. The client will rely upon this appraisal for internal use, including but, not limited to, rendering a decision relative to purchase of all or a portion of the pay itis of the subject property. This report is not intended for any other use or user. No one other than the named client or any other party not identified as an intended user should use or rely on this appraisal for-any purpose. Such parties are advised to obtain an appraisal from an appraiser of their own choosing if they require an appraisal for their own use. Owner of Record and Sales History The Indian River County Property Appraiser's Record Card indicates current ownership is listed as Island Manor Development, LLC. The parcel has been under this ownership since April 2, 2022 when it was acquired for$4,500,000 from Premier Citrus,LLC as recorded in OR Book 3528 Page 64. In speaking with representatives of subject ownership and ownership of the planned construction company; Jan Jelmby of Helmet.House Construction, he stated the owner, Alan Wilkinson, found the property based on a"Por Sale"sign along Jungle Trail while he was out for a walk near his home in Vero Beach. The property was not formerly offered but the asking price was $4,500,000 and ownership paid the aski price at that time. Since the acquisition in 2022, the property has been "earmarked" for development and went through a rezoning process from A-1 Agricultural Use to RS-3 Residential Use that would be consistent with neighborhood beachside trends in the immediate area along with allowing residential development for a site that had formerly been a citrus grove. Upon rezoning, the property is now in the final stages of site plan approvals with Indian River County Planning & Development and has a submitted site plan for a 20-unit, estate style subdivision known as Oak Hammock. The property has received an easement agreement between the parcel to the south (Island Club Subdivision), to allow access from Highway AlA via Island Grove Manor as without this access, development would not be permissible. The only other access was from Jungle Trail on the western boundary of the parcel that is utilized as an emergency, secondary access for most nearby properties especially larger subdivisions; this unpaved roadway may not be used as a primary access point for ingress- egress of any proposed subdivision. The subject is not listed for sale nor under contract for purchase. Based on Information obtained from the client, various recognized publithed data sources and / or the county assessor's records, the subject property ownership history has no prior sales in the last three years. This information was verified with the Indian River County Property Appraiser records,We assume this information is Accurate as described by ownership and public records,however, if further verification is required,we strongly suggest it be obtained via acurrent tide search. 90$1 Tuttle-Arrnfield-Wagner Appraisal&Research,Inc. Existing Leases, Rentals fiwthp,Agreements The subject parcel is a vacant land parcel.Tliere are no teases or use agreements iinplace. Legal Description The fallowing Legal Description was obtained via Indian River County and Clerk of Circuit Court Indian River County We assume it is correct but strongly advise a cumin time poles. be obtained if further verification is necessary. Address:No Assigned Address(95th Street),Vero Beach,Indian River County,FL 32963 Parcel ID:313 92600000010000008.0 PARCEL A: The South 2114.2 feet of Government Lot 10,Section 26,TivotaiiP 31,1%etti Range 39 Eastj De also, alt of the South 430 feet of Government Lot 11,Seetion 36,To hlp 31 South, Range alt motet, ail situated in Indian River County,Florida,ecru ter the lands la Lot it 66/100 of an to in the Northwest corner described as follows; Beginning at a stake on the line between Government Lake 10 aid 1.1,:21E2 feet North of Itie South line of said Section 26;thence run East 196 feet;these.run North 14131;thence run loot PM feet to the West line of said Lot II; thence run South 10.3 feet to the pohrt of beginning. (Said*steaks being included in Parcel B hereinafter described._) Also excepting from said Parcel A the following described land,to-wits Beginning at a stake on the East edge of the Indian River 284.2 feet North of Ike SOSO NH mid Section 26;thence run East 250 feet to a stake;thence run South 100 feet;thence Ise West Etta feet to a stake on the East edge of the Indian River; these*run North with the Easti a of to DORSI C River to the Point of Beginning,in Indian River County,MAIL. PARCEL B: Beginning at a stake 284.2 feet North attic South line of Section 26,Township 31 Soot**me 39 East,and on the tine between Government Lots I'8 sod 1ft thence run East 196 WEtga*PIkc thence run North 210 feet to an iron pipe; thence run West 340 feet to a stake; thence run 1# 6 feet to a stake;thence run South$>1•30'West 1351test to a stake;thence run South 91.2 feat to*eta in the North line of Parcel A; thence run East 3*3 foot e0 the•point of beginning, in benne River County,Florida. LESS&EXCEPT that Parcel described in QuitClaimDeeds recorded in 0.R. Book 1442.tie 1415 and 4.R.Book 1142,Page 1413,public records of Indian River County,Florida. TOGETHER WITH a titt in and right,title and interest of the owners of the above described property to that certain Easement Agreement dated Jane 12,3003 and recorded in Official Record Book 1623, Page 3869,publk records of Indian River County,Florid*. Parcel identification Number 313992600000010000008.0 Tuttle-Armfield-Wagner Appraisal&Research;Inc. 9042 Boundary Map Ililili' ''./11' =*llll!' -v ' ‘'in il. iiiiii 4* TO.'IIIP 1011 .0 i \IIIIIIIIIIIIIIIIIIIIIIIIIIII SubJete 11111111114Ihrti 4406 10 1 lilt la JR„ : #111f:1 �!3ti l ,toi!..„4,tob ;446:1* .° iirlit pr, rill fa,t illi foilWiii,it - milictft------Illite Elle * eA►`. ac la;IS it + 414 + 0".* ilir -16:NI r) # , *b.:: *'" t - At i iy az.,Ill " .'4lR' " zaP"m v0114 ':'wtea, Wetlands (Water & Air Research, Inc. — Environmental Study 2024) ii ...,,, . „ ,,, ,,. „ ,...4, ,.., .4 t.- 't,..Z. ."" '"''',, k *l' _. - , Wiiiiiiiiii , ,. , I. 0 . frifilliii 40 \, ' Ail$ Y , L w r. ,,..,,,,. 1 +� qa i„„. ., , 4, i'. . tip al it t' mad C r ',� 100 Aka YOdr N M11ie--- /144110110 P0.1 .: iM11l, ►pd4A11 7ptlgl�ibM011 A 71 ifts I C 41411111.4411111" 0 .: t4! toe t.; Or - .. - - .. W tir&za ir. 90S3 Tuttle-Armfield-Wagner Appraisal&Research,Inc.n 1 Aerial rtk „ JET v v t a . « r , i a 4" ': I I t 1• 'tax r _.a „ IS ND N, =- ._' lila) 1 L � t It `!' 4 ` '„` ,. j €, Eagle View 1 !W 9. Rt,e2Vjat -'- -16,'"c-' 4.‘ '.16- I p . 1 At „ K ...il 3 ' • . ' ;ay„ :, R. ( The aerial depictions are from the Indian Rtver County Property Appraiser rte,* and Google Earth. The property boundaries are notexact. They are for illustrative POPilfe8° 9064 Tuttle-Armfield-Wagner Appraisal&Research,Inc. scope p According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser's responsibility to develop and report a scope of work that results in credible results that are appropriate for the appraisal problem and intended user. ''herefore, the appraiser must identify and consider: • the client and intended users of the report as well as the intended use; • assignment conditions; • typical client expectations; and • typical appraisal work by peers for similar assignments. .+unary-Definition of the Problem Problem The purpose ofthe appraisal is to estimate the Correa k t.Value ofthe FeeStaple intemst ofd Subject property on an'As Is'basis. Intended Use The client will rely upon this appraisal far muse,kcluding bat not united to,rendering a decision relative to purchase of alt or a portion ofthe propeactyi s ofibe subject property. Intended User(s) Intended user of the report is specifically identified as the client.Parties who receive a copy of this report do not become a party to the appraiser-client relationship and do not become intended users of this report unless the parties were specifically identified as such at the time ofthe engagement for services. Appraisal Report Based on the intended users understanding of thesubject's physical,economic and legal characteristics,and the intended use of this appraisal,an appraisal report format was used. This is an Appraisal Report as defined by Uniform Standards ofProfessional Appraisal Practice under Standards Rule 2-2(a).It presents a discussion of the data,reasoning,and analyses that were used in the appraisal process to develop the opinion of value.Additional supporting documentation concerning the data,reasoning,and analyses is retained in our file. Utilized Approaches to Value Cost Approach The subject is vacant land and this method does not accurately reflect market participant actions. Sales Comparison Approach x There is adequate data to develop a value estimate and this approach reflects market behavior for this property type. 4--ry Income Apprnach The subject is vacant land and this method does not accurately reflect market partiic ax a . Tuttle-Armfield-Wagner Appraisal&Research,Inc. 1907 Property Identification The subject has been identified by the assessors'parcelamber,legal description,and address. Is this a'Land Only'anal yes Inspection An inspection of the subject property has been made,withphotog'aplts;:.. Zoning A review ofzoningand applicable land use controls has been made. Market Analysis The subject marketing area and sturounding neighborhoods within the county were eXamined in.order to determine factors that significantly affect the subject property.Local land use policies,community support facilities,traffic patterns,demographics,and development trends were considered.A summary of the most pertinent details is presented. Highest and Best Use Analysis _ _ . _. An"As Vacant"and"As Improv"Ft&Bl analysis kir the subject has been rile.Physically possible,legally permissible and financially I asible uses Were considered and the most reasonably probable and nilly productive use was concluded, Information Soames The appraiser'maintains a comprehensive database for this market area and has reviewed the market for sales,rentals and listings relevant to this analysis.in addition,market data acquired into course of previous appraisal work is retained in the appraiser's work files.Other sources include,butare not limited to the following.Multiple Listing Services,public records,interviews with brokers,buyers, and sellers, appraisal files,published articles and surveys. Information pertaining to this data was verified by one or more parties involved with,or having reliable knowledge ofi each individual transaction when possible. Information Not Available We had sufficient infoomation to conch de a ramble value conclusion. The employed methods and level of analysis provides a credible value conclusion for the subject property Competency Comment The person(s)signing this report are licensed to appraise real property in the state the subject is located.They affirm they have the experience,knowledge, and education to value this type property. They have previously appraised similar real estate. Tuttle-Armfield-Wagner Appraisal& Research. Inc. 1908 Location Maps Regional Perspective 1�` • ir '''' 1i. /kikMgt t{ A, C-. • q 4 1412 `'..,.f t x is • Tuttle-Armfield-Wagner Appraisal & Research, Inc. 1909 Neighborhood Perspective • 1.1.• yy h • t. • tai • pe *m rd • • • • Tuttle-Armfield-Wagner Appraisal & Research, Inc. 1910 NeighborhoodAnaIY8 $ Location and General Data The property is in the central portion of Indian River County. Indian River County is located on the coast of east-central Florida. Indian River County is about a 1.5 hour's drive south of the Kennedy Space Center and 1-1i2 hours due southeast of Matey World. It is just south of the midpoint between Miami and Iacksonville. Indian River County is one of the top 100 wealthiest counties in the country. Indian River County has five incorporated municipalities and ten census-designated unincorporated neighborhoods. The 2020 Bureau of Economic and Business Research of the University of Florida estimated that approximately 95% of the population resides in unincorporated districts. This is followed by 16%in Sebastian (the most populous city) and 11%in Vero Beach,with the balance in Felkmete, Indian River Shores, and Orchid. Because of its location: Sebastian, Vero Beach, and unincorporated area market influences affect the subject property. There are five municipal jurisdictions within the County: Fellsmere, Sebastian, Vero Beach, Indian River Shores,and Orchid. The eastern third of the County lies between the Atlantic Ocean to the east and Interstate 1-95 to the west. The western two,thirds of the County is primarily agricultural or conservation, land. The Urban Service Ma (where • municipal utilities are available)is generally east of 145 except for the city Of Fellsmere, which is mostly west of 1-95. In Indian River County, the historic pace of development has been moderate, slightly above Florida's growth rate but slightly below the average growth rate in the Treasure Coast Region. The subject is located southeast of Wabasso Causeway bridge that comiectslibt mainland to the barrier islands to the east and form the subject's southern neighborhood boundary.. North of the subject is the Town of Orchid. To the east the neighborhood extends to Highway AlA and the Atlantic Ocean and benefits from a Barrier Island, Beachside Location.To the west the neighborhood is bounded by the Indian River Lagoon. The subject's immediate area is mostly residential development with interspersed preservation and conservation lands such as the Captain Forester Hammock PreSerVe directly to the north of the subject, Pine Island west of the subject, and Tony Robinson Waterfront Trail and Reed Cut on the Mainland Portion of Vero Beach further west of the subject as seen below from an excerpt from an Environmental Study conducted by Water &Air Research,Inc in 2024: Tuttle-Armfield-Wagner Appraisal & Research, Inc. 1911 C vow t 0.401d Mse While much of the population for Indian Rivet County is concentrated along The Indlizri River, the county's western portion is heavily influenced by agricultural land. As a result,, there is a noticeable transition of housing and population density extending from east to west. To the east of I-95, there is a high agricultural and residential land concentration with small pockets of industrial zoned land. The subject lies within one of these small polo. The majority of industrial land in this area is primarily owned by Indian River county Solid Waste Disposal and the Indian River Industrial Eco-Dish Campus. Oslo Park, Light Industrial District, is another small industrial area just outside the neighborhood boundary to the south. This industrial district is fully developed. Overall, the subject's immediate area is dominated by agricultural residential land uses with few available areas that permit industrial development. The Indian River County Landfill, is another industrial area, and is dependent upon special district status known as the Indian River County Solid Waste Disposal District (S.W.D.D.). This landfill is a Class I landfill that operates as a co-disposal of municipal solid waste, construction & demolition debris, recyclable materials, and household hazardous material. Republic Services contractually operates and maintains the landfill. To the west of 1-95,agricultural land and two large conservation areas dominate land,use. The Blue Cypress Conservation Area is a 61,000-acre conservation area located north of S.R. 60. Fort Drum Marsh Conservation Area is south of S.R. 60 and has nearly 21,000 acres. These conservation areas are part of the Upper St. Johns River Basin Project implemented by the district and the U.S. Army Corps of Engineers. Tuttle-Armfield-Wagner Appraisal & Research, Inc. 2912 C Also, to the west of I-95 there is a 955-acre solar panel farm. This ground-mounted solar farm project, known as Pelican Solar Energy Center,was constructed and is managed by FPL. FPL is an electric company that generates,transmits, distributes,and sells electricity to Indian River County and other surrounding counties. The construction of this solar farm started in 2020 and entered into commercial operation in March 2021. The project cost$110,761,000 to construct and supplies enough energy to power 15,000 households Commercial Development The closest build-up of shopping facilities is northwest of the subject at the intersection of Barber St. and US Highway 1. This is a modest commercial area anchored by Publix, Walgreens, Truist Bank, and Bamboo Court Chinese Restaurant. The majority of commercial improvements are located along US 1 and include various shopping plazas, strip centers, office buildings, banking facilities, restaurants, and numerous other commercial properties. Current neighborhood uses consist primarily of multi and single-family development. There are commercial and retail sectors across the more general landscape with a few offices and industrial business parks. At the northwest corner of Barber Street, is the Indian River Shopping Plaza. Publix is the primary anchor store, with a Truist Bank occupying an outparcel. Additionally, there is a Walgreens located on the southwest corner. This location is within three miles of the subject property. C a a jt ' N1111 4404. . At the intersection of S. Highway 1 and 9th Street SW. There is a heavy concentration of national car dealerships such as Nissan, Kia, and Jeep/Dodge. Also located at this intersection is South Vero Square, a 147,417 square foot neighborhood retail center anchored by a Publix grocery store and includes several major fast-food chains on out parcels, such as Wendy's and McDonald's. Tuttle-Arrnfleld-Wagner Appraisal&Research, Inc. 2913 Along S.R. 60, west of 58th Avenue is the Indian River Mall, a larger regional mall. There are four anchor stores and two smaller shopping centers. This location is within six miles of the subject property. The mall was completed in late 1995. A 24 screen AMC theater has since been added. Anchor stores include JC Penney's, Dillard's, and Macy's. Target and Lowe's anchor the two adjoining shopping centers. Ryanwood Shopping Center is at the northeast corner of State Road 60 and 58th Avenue. This shopping center contains a Publix grocery store and Books a Million, as major tenants, along with Bank of America and Burger King on out parcels. Development at the corner of State Road 60 and 58th Avenue includes a Walgreens, a Sam's Club, and a Walmart Superstore. The southwest corner of this intersection includes Home Depot and a CVS Drugs, McDonalds, and Ruby Tuesday on out-parcels. A new Chipotle Grill was constructed in 2013 adjacent to McDonald's. Indian River Community College and Indian River Charter High School are located southwest of Home Depot. Institutional and Recreational Development The defined area also includes a number of public and private support facilities. Public and private schools are also represented in the defined area. The Indian River State College campus is situated south of S.R. 60, and west of 58th Avenue on College Lane. Indian River State College offers undergraduate and post-graduate programs in a variety of subjects. Pelican Island Elementary School is located just north of the subject along Schumann Drive. Additionally, three additional large public schools (Treasure Coast Elementary School, Sebastian River Middle School and Sebastian River High School) are located west of the subject. Recreation facilities located within close proximity to the subject include the West Wabasso Park (County owned) and Johns Island Club West Golf Course (privately owned). Additionally,RedStick Golf Club is located southeast of the subject. In addition to the larger recreational facilities, several commercial recreational facilities are located in the area, including the Safari Golf and Games on 9th Street SW and Skate Factory on 27th Avenue SW. We conclude the subject market area is well served by public and private institutional and recreational facilities. The Vero Beach Municipal Airport, and related airport development, is located within ten miles of the subject to the south The airport was a naval air base in World War II. After the war, the base was turned over to the City of Vero Beach. In recent years it has been considerably upgraded with an FAA air traffic control tower, three runways, airfield lighting,and other amenities. Piper Aircraft is headquartered at Vero Beach for their research and development center, which was also built on part of the grounds of the former naval air station. Piper has not recently released its employment figures, although recent figures showed the company employing more than 1,000 at its Vero Beach facility. Tuttle-Armfield-Wagner Appraisal&Research, Inc. 2914 C The Vero Beach Municipal Airport building was recently renovated and expanded at the cost of approximately $6.5 million. About 65 percent of the cost, or $4.2 million, was provided by state grants. The remainder came from money raised at the airport that goes into a special airport fund. No locally derived property tax money was used. The Vero Beach Regional Airport building expansion was from 11,000 square feet to more than 22,000 square feet and includes six offices (with one able to be subdivided)ranging from 300 to 1,200 square feet plus open areas that can be used for car rental or charter air services. New landscaping and an exterior memorial courtyard detailing the airport's history, including a plaque listing people who died during training at the former World War II Naval Air Station, were completed. A lobby area has televisions and wireless internet connection for people waiting for planes or viewing airplanes coming and going. C.J. Cannon's restaurant within the terminal building expanded from 3,878 to 7,475 square feet,including a new banquet facility and Internet cafe area outside the main restaurant. In addition to being a center for aviation, Vero Beach Municipal Airport is a center for commercial and industrial development and is home to over 100 non-aviation businesses. Medical Development The subject is located approximately 9 miles north of the Cleveland Clinic Indian River Hospital, a 332-bed, not-for-profit hospital offering comprehensive medical services to the Treasure Coast community. The Welsh Heart Center, Scully-Welsh Cancer Center, and Scully Endoscopy Center offer full-service programs and a multidisciplinary approach. Healthcare professionals represent specialties including orthopedic services, minimally invasive vascular surgery, neurosurgery, stroke services, robotic surgery, a state-of-the-art wound healing center, bariatric surgery, and the only maternity wing in the community. The hospital features all private rooms and is the largest private-sector employer in Indian River County. In Sebastian, north of the subject, the Sebastian River Medical Center is located in the Roseland area. This privately-owned hospital serves northern Indian River County and southern Brevard County. The Sebastian River Medical Center is the primary care provider for the northern Indian River County area and has become a powerful magnet for neighborhood medical office/services growth. In addition, the hospital underwent a $25 million expansion that included a new three-story tower. The first floor has a 16-bed intensive care unit, while the second and third floors feature 42 additional private patient suites. However, after this expansion, they have embarked on an even more extensive $65 million expansion set to provide another 48 private patient rooms. The 90,000square-foot expansion was announced in January 2016 by former owner Community Health Systems Inc. and was expected to be completed in 2018. But the acquisition of Sebastian River Medical Center by Steward in May 2017 changed the construction timeline. The most recent expansion was completed in June of 2020. L Tuttle-Armfield-Wagner Appraisal&Research, Inc. 2915 Recently, The 2022 report.of Best-Performing Wiles was released.Se %I -Vero Bench had been ranked in the top 10 out of 201 t n,rising from#9 in 2020 to'#I m 2021- However,the 2022 report saw a slight slide down II places to being ranked in the top 20 at #19. These top-ranking small cities see driving growth from retiree communities,; tourism, medical services, and construction sectors. Sebastian-Vero beaches aretourist destinations and a hub for medical services. These two sectors are the key factors in driving growth,with manufacturing being a core economic driver. Below, is the top 10 highlight from the Milken Institute.Report: •SEBASTIAN in'O BtACH. FLORIDA MSA Rising one rank on the wings of the aerospace industry.Sebastian,Florida,finishes eighth in the b 2021 rankings.As in previous years.wages have consistently grown,ranking 19th in our one-year and 20th in our five-year indicators.Employment growth also remains steady—increasing 1.6 percent from 2018.19(45th)and 13.8 percent from 2014-19 (18th)—driven by growth in health care,professional and business services,and construction jobs." The metro's industrial mix largely reflects its desirability as a prime tourism and retirement hub. The median age in the metro is 54.5'7 compared to 38.5 years old nationally.0,The region also draws some 900,000 visitors per year.generating roughly Gained I rank Indicator Rank 1,000 local jobs and$93.2 million in business Job growth(2014-19) nog ;Mitt revenues."The large retiree and tourist populations Job growth(20384945th are a boon for local business and service spending. Wage growth(2014.1 3$.5% 20thHowever,given pandemic-related travel shutdown and lID-19's disproportionate effect on the Wage growth(2018-19) 4425 19th elder* twin factors will complicate economic Short-term job growth(10/2019-1w -2.6% 40th- rec/S fy. High-tech GDP growth 1201445) 39.316 35th Apart from the service sector and consumption High-tech GOP growth(201849) - 7 42nd work,the regional economy also includes two high- 1-84h-tech GDP concentration(2001 14042 50th tech specializations(74th):commercial and service Number o(high-tech industries( 2 industry machinery manufacturing(LQ of 1.74)and aerospace parts manufacturing(LQ of 3.5).As such. t43usehotds with broafbana acca (2019): et.i% 199th the city ranks in the top quay , es Households with ago dabte housing costs(1014-91 :104% Ugh for high-tech concentratf lrlt eggewomic Households with affordable housing oohs fg019)- 731%:..122nd. development activity shank!eettprmsIO preparation for budding adjacent industries with strong potential. Assets for instance.architectural and engineering services The region boasts two high-tech speciallesidorKwIthuvp 0.00(00)and medical and diagnostic laboratories adjacent.budding industries. - U O.98). Liabilities The metro's consumption-spending based industries are particularly exposed to COVID-19's economic impacts. According to an article published by Sebastian Daily on May 7, 2019, Sebastian ranked second,just under Naples,Florida,for booming southern economies.Below is an excerpt from the article of the top 5 Tuttle-Armfield-Wagner Appraisal&Research, Inc;, 2916 1 "Sebastian was ranked number 2 on the list of southern cities where business is booming, and salaries are rising, according to CNBC. To rank the top "boomtowns," or cities that meet the criteria, the study looked at five-year data on population, housing, GDP and per capita income from the U.S. Census Bureau's 2017 American Community and the Bureau of Economic Analysis. The Top 9 Southern Cities: 1. Naples,Florida Personal income growth,2012 to 2017:22.8% Population growth, 2012 to 2017: 6.8% GDP increase,2012 to 2017: 34% 2. Sebastian,Florida Personal income growth,2012 to 2017: 20.9% Population growth,2012 to 2017: 9.3% GDP increase,2012 to 2017: 23.5% 3. Fayetteville,Arkansas Personal income growth, 2012 to 2017: 23.4% Population growth,2012 to 2017: 10.4% GDP increase,2012 to 2017: 37.6% 4. Raleigh,North Carolina Personal income growth, 2012 to 2017: 15% Population growth,2012 to 2017: 11% GDP increase,2012 to 2017: 33% 5. Miami,Florida Personal income growth,2012 to 2017: 17.7% Population growth,2012 to 2017: 10.2% GDP increase,2012 to 2017: 29.4%... The report says the Top 9 cities are good alternatives for people who want to avoid notoriously expensive cities, such as New York or San Francisco, because they "offer incentives, such as a more affordable cost-of-living or a higher paycheck — or both," GOBankingRates reports. Nationally, Sebastian ranks number 3 on the list. Sebastian ranks in the top 10 for the highest percentage increase in population, with a five-year population change of 2,042. It also ranks in the top 10 for the highest percentage increase in income due to its five-year wage increase of$12,647". Tuttle-Armfield-Wagner Appraisal&Research, Inc. 2917 Neighborhood Residential Development Residential development within the area had experienced a steady growth rate. Demand for this area had historically been for retirement housing along the Indian River Lagoon and US One with a family housing orientation in the areas west of US One. Pelican Point, River Run and Reflections on the River are three riverfront condo projects developed in the late 1980's to early 1990's. Two newer riverfront condo projects were completed in 2007. These projects are located on the west side of Indian River Drive in the north portion of the neighborhood. The northern most project is located about '/e mile south of Roseland Road and is known as The Inlet at Sebastian. Farther south, about 'A mile south of Davis Street, Sebastian Riverfront Condo Resort has been developed. Much like the rest of the Florida market, Sebastian/north Indian River County has strengthened over the last few years; the most dominate current interest in residential housing is for single family home development in platted subdivisions. Graves Brothers Companies, a citrus grower located in the unincorporated area of Indian River County, had requested voluntary annexation of 1,110-acres on County Road 510, a plan that eventually could bring more than 3,500 more homes to Sebastian. However, due to a judge's rejection of the annexation, the ruling would need to be appealed. The panel of judges ruled the annexation null and void due to improper notification. Statistics developed by the REALTORS® Association of Indian River County through its Multiple Listing Service and in conjunction with Florida REALTORS® reflect the following for Historic Sales Price Trend through February 2025 in Indian River County. As illustrated in the following chart, the median sale price has increased overall from 2019 through 2024. Indian River County Housing Market Trends W tut is the timing numkrt%,e M Mann Mint County today? III Falu3ry2025,4+dianWhet Camay home prictsfereuUI.Uk.cconoai to%,stwar.sa::nit lot amedian sae ofWOK.linakvaie,hdhe5iiIreZaegrief eutntymil trfW105nays nnits mwtretcarRssk4t+f87,ta.-.lastyratnem,'i 272 tames sold InFcbrunryt>y.:low upfrom;262ssctw.t tlnlausrfsPim ror.f,:.cokid i..u0:r,t,tf •y $400.000 272 105 Al Mow Typct - ig:m 3ycnra 5yv s ,J• Tuttle-Armfiield-Wagner ner A raisal& Research, Inc. 9 pp218 Indian River County Residential Market Activity A quick recap of the Sebastian-Vero Beach Residential Report for May 2025: SeDastlan Vera beach MSA A CLOSED Nis • MEDIAN SALE PRICE — "Lavvi° 273 — -,T4`.:6 '386 90 OS SO a DOLLAR VOLUME * NEW LISTINGS NEW PENDING SALES A,-22% $1511 279 it 18% 259 v fttel _ yst: While still undoubtedly a sellers' market,this data suggests a softening of the residential real estate market. This change is likely due to macroeconomic headwinds related to near-record-high inflation rates, increases in borrowing costs, and looming fears of recession. Though the real estate mark on a national level has clearly shifted, it is still unclear what impact softening macroeconomic indicators will have on the MSA, given the high levels of immigration that continues to bolster local demand for residential real estate. Traffic Count Map A traffic count map is illustrated below. In the subject's immediate area, traffic is not tracked along Island Club Manor nor Jungle Trail. West of the subject, Highway AlA in the immediate area has traffic levels tracked at 8,500 vehicles per day. -7.14 "4- - k Tuttle-Armfield-Wagner Appraisal&Research, Inc. 2919 C Access and Linkages The subject's neighborhood is conveniently located with respect to traffic systems and transportation facilities. The primary north-south highway through Indian River County is Interstate 95. Interstate 95 (I-95) is the main highway on the East Coast of the United States, paralleling the Atlantic Ocean from Maine to Florida. It is the longest north-south Interstate highway, and it passes through more states - fifteen - than any other Interstate. In Indian River County, there are two interchanges; C.R. 512 and S.R. 60 in Vero Beach. Access to the subject neighborhood is currently via Jungle Trail, which connects and bisects Wabasso Road (Wabasso Causeway) to the north for east/west bound traffic to and from the mainland and State Road AlA for north/south traffic. The subject has an easement agreement in place with the subdivision, Island Club, directly adjacent to the south of the parcel that will allow direct access via Island Club Manor and Highway AlA upon final site plan approvals with the Indian River County. State Road AlA is the only main inter-community route on the barrier island and consists of a two-lane arterial, with a center turning lane in most areas of the barrier island. In addition to the mainland access at Wabasso Road to the North and Beachland Boulevard to the South, there is also access at the 17th Street Bridge, 1.5 miles south of Beachland Boulevard. State Road 510, also known as Wabasso Road and Wabasso Causeway, is the northernmost crossing of the Intracoastal Waterway in Indian River County and the closest connector roadway between the subject's immediate neighborhood and the mainland portions of Vero Beach, Sebastian, and other parts of Indian River County. This roadway extends from U.S.Highway 1 to Highway AlA and spans 2.6 total miles. Jungle Trail (pre-1945 State Road 252) was part of ALA in northeastern Indian River County. The narrow, 7 %a mile long road is located between Old Winter Beach Road and the current Highway Al A, along the western side of Orchid Island and is unpaved. The road started as a means to quickly transport citrus to packinghouses on the mainland. In the 1930s and 1940s, the road became more utilized by tourists and on August 1, 2003, • was added to the United States National Register of Historic Places. C Tuttle-Armfield-Wagner Appraisal&Research, Inc. 2920 Demographics For demographic data, we have included a detailed analysis of the neighborhood provided by ESRI, the endorsed GIS firm utilized by both the Appraisal Institute and CCIM members. This data incorporates information reported by U.S. Bureau of the Census,2000 Census of Population and Housing. ESRI then makes credible forecasts for 2020 and 2025. ESRI converted 1990 Census data into 2000 geography. Due to the geographical factors presented by the Indian River Lagoon, the most appropriate study areas are 5, 10,and 15-minute drive times. Population and income information for the five, ten and fifteen-minute drive times are shown on the following tables. All three study areas have slight increases forecast for population levels.The fifteen-minute drive time area has the greatest income levels. i 15 minutes S 1. a. 1 (Site to Do Business 5, 10, and 15-minute drive-time) C Tuttle-Ar►nfield-Wagner Appraisal&Research,Inc. 2921 . . . c 0_,___eini , . , ,, , 7. . aaawo..�■a• i +a ....M„....., _:a ., ... »..ala writ . - • tatft4i.2'77411* lx 2020 p Q .. .. +' .0 .. . ... Group 2024 Total Populawid*:. * .' 3 2024 Group Quait 0 2029 Total Population . ... rkikaali i 2024-2029 Annual Rate 2024 Total Daytime Popd1idit .. :• ... Worket5 _ - ( :. .. 281E ` 2010 Avetaeuseho3d Size ... ... 4 Total****olds : > senanteiai 703f` �: inonsehoid Size *Ng kouschakl size @ Annual Rate a,,i # • 220 -. .. tour 9e Faalt*Slze • 2434. • - ge Finallysize ', •• a�eu�. lial .: ... - .fir �Rl •. .• . a rilRit Spoke tints i a isitil iMle :00-as • •' Jltrn ri Units l 4.a 1'>i?aalYaV .2111, liookilonnosonnentoSpeeinen udatiinsionOnntmoan *onsinn top.HauMMhizldAmin thutionnieandt dndan .. sollionsirell Owns in f roil foide rnr ipleleal iR# dtt lir bNkinii ikkoi l i intlisirsinftlitathilkwftsumbldlitihininnimirsianon no.dan diiatr siaailuiden . .. iY♦ota°°' '°kA ' .i"` '° 2000nvertad by to 2020 aeoar .l y. • June 02 :025 . #Min unity Profile . .: - ners4iwa irtaarrr s34ii11•4414r t Vse i i by .°r• #vriiat omens.*IA,Isafetlii ve Latitu :2-7.747t3a it/AI/Ai totiiir4. 11 Z4 "Ir: 4« 4 1102 9.03 Tuttle-Armfield-Wagner Appraisal&Research,Inc. 3922 Summary and Conclusion The subject is located in Sebastian and is served by the major artery of Highway AIA. The defined area is approximately 50% developed and appears to be stable regarding the single-family residential development. There are no adverse neighborhood conditions known to exist (nor were any observed) that would preclude or severely limit the subject's utilization according to its highest and best use as estimated herein. In comparison to other areas in the region, the market area is rated as follows: MARKET AREA ATTRIBUTE RATINGS Highway Access Average Demand Generators Average Convenience to other supporting land uses Average Convenience to Public Transportation Below Average Employment Stability Average Police and Fire Protection Average General Appearance of Properties Average Appeal to Market Average Stable for Commercial PriceslValue Trend Stable for Residential Stable for Industrial Tuttle-Armfield-Wagner Appraisal &Research, Inc. 3923 Zoning Requirements noted below are not intended to represent all applicable aspects of the ordinance. They do provide the reader with knowledge of general legal para Zoning Summary Zoning Authority Indio mar Zoning District Residential-Sim-ply Zoning Code RS-3 Zoning Type/Descn RS 3: Density/FAR 3 DUA Zing Intent/Summary The Anglo-family districts axe:establi d tovet the poles of the indi f River County Coi,pehensive Plan r managing land designated for residential uses, providing single-family housing opportunities, and ensuring adequate public fact hies to meet the needs of residents. These districts are also intended to implement the comity's housing policies by providing opportunities for a varied and diverse housing -- Petalled Uses ry Permitted uses include but are not lined to: single-fanily dwelh gs, foster care facilities, amateur radio conmi nication towers (less than 80 ft.),commercial communications towers camouflaged up to 70 L Future Land Use L-2(b Units Per Acre) .. IVIachnuta Site Coverage 30% Minimum Lot Area _.:._ 12,000 SF Minimum Lot Width 80 i Dont Set Rack Distance 25 ft Side Yard Distance 15 ft. . Back Yard Distance 25 ft. MaiiimanDuRdbm Height 35 Zoning Paridng_Reloinments Residue two(2)space sPace,Per dwelling unit Deed Restrictions/Morito iwns lb our knowledge,there.are no lard use regulations. other that wring that would affect the property. Further,there is no moratorium on devebpment. , Entitlements We were provided no information by ownership tat the subject site possesses any Entitlements which would affect the subject site. We assume that the subject does not have Entitlements in place which would significantly affect the value. Zoning Data Source Indian River County Mode Appraiser's Note: The most consistent use of the subject property wOOld be for single-family residential use as seen in the immediate neighborhood Appraiser's Note: On April 23, 2024, the subject parcel was rezoned by the Indian. River County Board of County Commissioners in a 4 to 1 vote changing the previous A-i,Agricultural Zoning Designation to a residential district, =3..Below is the ordinance for the rezoning of the parcel Tuttle-Armfield-Wagner Appraisal&Rpt,am 3924 A TRUE COPY CERTIf lC!TION ON LAST PAGE RYAN L cr UTLER,CLERK ORDINANCE NO.2024-007 AN ORDINANCE OF INDIAN RIVER COUNTY,FLORIDA,AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY =_19.65 ACRES LOCATED ON THE NORTH SIDE OF ISLAND CLUB' MANOR APPROXIMATELY ONE QUARTER OF A MILE WEST OF HIGHWAY AIA, AND TERMINATING AT THE EASTERN BOUNDARY OF THE INDIAN RIVER,FROM A-I, AGRICULTURAL-I TO RS-3, SINGLE-FAMILY RESIDENTIAL, AND PROVIDING. CODIFICATION,SEVERABILITY,AND EFFECTIVE DATE WHEREAS,the Planning and Zoning Commission,sitting as the local planning agency on such matters,has held a public hearing and subsequently made a recommendation regarding this rezoning request;and WHEREAS,the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property;and WHEREAS,the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County:and WHEREAS,the Board of County Commissioners has held a public hearing pursuant to this rezoning request,at which parties in interest and citizens were heard; NOW,THEREFORE,BE IT ORDAINED,by the Board of County Commissioners of Indian River County,Florida,that the zoning of the following described property situated in Indian River County,Florida,to-wit: PARCEL A: THE scum 284.2FEETOFGOVERNMENTLOT 10,SECTION 26,TOWNSHIP 31 SOUTH, RANGE 39 EAST,AND ALSO;ALL OF THE SOUTH 430 FEET Of GOVERNMENT LOT 11, SECTION 26,TOWNSHIP 31 SOUTH,RANGE 39 EAST,ALL SITUATED IN INDIAN RIVER COUNTY;FLORIDA,EXCEPTING FROM THE LANDS IN LOT 11,66/100 OP AN ACRE IN THE NORTHWEST CORNER DESCRIBED AS FOLLOWS: Page l of 4 Tuttle-Armfield-Wagner Appraisal & Research, Inc. 3025 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L.BUTLER,CLERK ORDINANCE NO.20 007 BEGINNING AT A STAKE ON THE LINE BETWEEN GOVERNMENT LOTS 10 AND.11, 2842 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 26;THENCE RUN EAST 196 FEET;THE,ICE RUN NORTH 145.8;THENCE RUN WEST 196 FEET TO THE WEST LINE OF SAIL)LOT 11;THENCE RUN SOUTH 145.8 FEET TO THE POINT OF BEGINNING:. (SAID EXCEPTION BEING INCLUDED IN PARCELS HEREINAFTER DESCRIBED.) ALSO EXCEPTING FROM SAID PARCEL.A THE FOLLOWING DESCRIBED LAND,TO- WIT: 13EGINNING AT A STAKE ON THE EAST EDGE OF THE INDIAN RIVER 284.2 FEET NORTH OF.THESOUTH LINE OF SAID SECTION 26;THENCE RUN EAST 250 FEET TO A STAKE;THENCE RUN SOUTH 100 FEET;THENCE RUN WEST 221.2.FEET TO:A.STAKE ON THE EAST EDGE OF THE INDIAN RIVER;ER;THENCE.RUN NORTH WITH THE.EAST EDGE OF THE INDIAN RIVER TO THE POINT OF BEGINNING, IN INDIAN RIVER COUNTY,FLORIDA. PARCEL B: BEGINNING AT A STAKE 284.2 FEET NORTH OF THE SOUTH LINE OF SECTION 26, TOWNSHIP 31 SOUTH,RANGE 39 EAST,AND ON THE LINE BETWEEN GOVERNMENT LOTS 10 AND 1 i;THENCE RUN EAST 196 FEETTO.A STAKE; CTHENCE RUN NORTH 210 FEET TO AN IRON PIPE;THENCE RUN WEST 340 FEET TO A STAKE;THENCE RUN SOUTH 1.10.6 FEET TO A STAKE;THENCE RUN SOUTH 88°30'. WEST 135.8 FEET TO A STAKE;THENCE RUN SOUTH 972 FEET TO A STAKE IN THE NORTH LINE OF PARCEL A; THENCE RUN EAST 279.8 FEET TO THE POINT OF BEGINNING,IN INDIAN RIVER COUNTY,FLORIDA. LESS&EXCEPT THAT PARCEL DESCRIBED IN QUIT CLAIM DEEDS.RECORDED IN 0.R. BOOK 1142,PAGE 1415 AND6.R.BOOK 1142,PAGE 1413,PUBLIC RECORDS OF.INDIAN RIVER COUNTY,FLORIDA. TOGETHER WITH ALL RIGHT,TITLE AND INTEREST OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY IN AND TO THAT CERTAIN EASEMENT AGREEMENT DATED JUNE 12,2003 AND RECORDED IN OFFICIAL RECORD BOOK 1623,PAGE 2869,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. SUBJECT TO ALL EASEMENTS,RIGHTS OF WAY,RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from A-1,Agricultural-1,to RS-3,Single-Family Residential District. Page 2of4 Tuttle-Armfield-Wagner Appraisal&Research, Inc. 3926 cbIMi.110/Mlidllt ORDINANCE NO.2024401 AB with the meaning and bitnt and as set forth and described in said Land Dm/40 s . Rte. This ordieatoe shall hem oilkotiVe upon Ming with theDepetetnom of State. Approved and adopted by+ Rood ofC* of ladies River County,Florida,on this 23 day or Apra 2024. This+i • vr'aeadvertised j.she Fr an the day ofA #, for.*public lowing to beholden the 2 day of April. �y .#t which time it moved lir bat C , esrR r .seconk4 byC a .: domed by the following;vote Susan Adams,ailif111111111 AYE r is Joseph E." leseher.Vice Chairman An i Joseph 14.Etat .Commissioner AYR Luca Moss,Commissioner MT rZIN BOARD OF Cai.INTY'CO COMMISSIONERS : OF INDIAN RIVER COUNTY . ` * ' j) BY: a 0 .` ...xti sisal ATTEST: Ryan L:BUOCT:Clerk of arced*Court aind:Co 4aot . st) i Pape 3 of Tuttle-Armfield-Wagner Appraisal & Research,Inc. 3/27 C '''''' , t o i """3"4"- ' ORDINANCE NO:20E4- 00 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: itgfr,..f... ,yd 19 APE>AS TO PLANNING h4AuERs Aehtrzesk,Plentslesaed Development...Service,[Weser EFFECTIVE 1314T6:; This �? a was tiled with the Department aState ea ttt+�: t of , 2024« Pap 4of4 Tuttle-Armfietd-Wagner Appraisal&Resear0h itte. 3028 Zoning Map � k 1 Future Land Use Map fr • • e+A F �A ..�w rw • Tuttle-Armfield-Wagner Appraisal & Research, Inc. 3929 Assessment and Taxes Real i•srue tssessment and"Imes Tax ID Total Millage Tatit. :td Valorem Non Tax Rate Total Parcel AP,OSIdellt Rate Taxes Valorem Taus Taxes 31392600000,010000008.0 13.836,798 . 14.2440 S54,651 15 80:00 14.2440 $54,651.35 The tax year runs from January 1st to December 31st. Real estate taxes in Indian River County are paid one year in arrears (2;025 taxes are paid in 2026), and are due and payable November 1st of each year or as soon thereafter as the certified tax roll is received by the Tax Collector from the Property Appraiser. Properties in Indian River County are assessed Ad Valorem Taxes aiid Non-Ad Valorem Taxes. Ad valorem taxes, or real property taxes, are based on the value of such property. Non-ad valorem assessments are NOT based on value but are set amounts. The Non-Ad Valorem Taxes the subject is responsible for goes toward solid waste disposal and emergency medical services. According to Florida law, assessments are to be at 'Full Just Value'. This term is generally held to be 100%Market Value,less reasonable costs of sales. It has been our experience, however, that assessments vary widely in relation to market value as defined in this report.Reassessments are annual based on a calendar year. l +s 1listort Tic rid $eo$jD $50,000 $40,000 Tax Histon Assessed Total % $30,000 Year Assessment Taxes Chasge 2020 $2,1.22,484 $31,498 2021 ~ $2,122,484 $31415 1.5'!0 swam _.w 2022 $2,449,020.. $33,613 _... :4% 2023 $3,836,798 $53,822 60.1%0 ' 2020 2022 20.2 2023 7024 2024 $3,836,798 $54,651 1.5°lo Source:Indian River Ccs Tuttle-Armfield-Wagner Appraisal & Research, Inc. 3030 Propeln Desert3 r <_ The following description is, based on our property inspection, public rte, and a survey. ham ID 31392600000010000008.0 Location The subject has an assigned address of1350 Island Club Manor, Vero Beach,FL,32963. Land Use Residential(SFR) Traffic Count(Most Recent) Not Recorded Map Latitude 27.747834 Map Longitude -80.39486 Adjacent Land Uses Adjacent land uses are primarily rural residential and vacant land uses. North of the subject is a preserve,Captain Forester Hanmock Preserve.Further north is the Sea Oaks residential neighborhood. South of the subject is the Island Club Single-Family Residential Subdivision.West of the subject is the Jungle Trail access road,the Indian River Lagoon,and single-family residential devehpn nts on Wabasso Island.East of the subject is the eastern portion of the Captain Forester Hammock Preserve,Highway Alar;,and the Atlantic Ocean. Site Analysis&Comments Site utility is Average.The subject has adequate size,shape,access, utilities,and topography for low intensity residential use. Considering neighborhood trends and physical features,the subject site is suited for low-intensity residential use.It stands within the flood-prone area. Insurance 'urchaae is reoonit nde4. Site Sire Attributes Gross Land Area(Sq Ft) R53,76 Gross Land Area(Acres) 19.60 Usable Land Area(Sq Ft) 48,787 Usable Land Area(Acres) 17.4 Excess Land Area Comments There is no indiaaed mese land,The mot Floor Area Ratio (FAR)meet or iteedS tett btrildiag:ttends for this propertytWe . Usable Land Area Comments According to US.Fish&Wi1 dli National Wetlands Inventory maps, the site contains approximately 2.2 acres ofjurisdictional wetlands as defined in•Florida Statutes 373.019(19—Surface Waters)and(25— Wetlands).Additionally,an environmental study from 2024 conducted by the Water&Air Research,Inc.further confirmed the presence ofwetlands on the subject site. Source for Site Sine Property appraiser record card. Ste Size Analysis The total subject land area is typical for a residential use in dia sti1eCt ueighborh004. Appraiser's Note: We were provided a survey by current property ownership. The subject tract size was derived from the Indian River County Property Appraiser Records and the Survey. The Environmental Study by Water & Air Research, Inc indicates 19.4 total acres. At the client's request, we have utilized the acreage provided by the property appraiser records and survey. Appraiser's Note: An environmental study conducted in 2024 by Wim' & Air Research, c, confirmed that the subject site has approxiM11% �d coverage. Tuttle-Armfield-Wagner Appraisal & Research, Inc. 331 r Wetland Alert . . � 1 �s , � of �II Fish Wildlife, Services, iiid .; Inviwitoly s N.Osne,.a.w.i nrt a +tn* � m Wetlands -17-t Uplands Sill AtA0 4 ar Wetlands Area as identified by Water& Air Research,inc. as part of.an Environmental Study in 2024 conducted by Water&Mr Research,the, ii-r"4300101511110„ _ aiiiiw a9cne... Q Parcoi BoUn4, ��e Zurse figure 6. The la Worland*and F EMA.FIooa Lona on the lenere Trag l land Manor Property Indian Rigor Coraty.Florida US 250 x10 I gI. pi Saum:ESWralGbNn 6a aearY.T42S We.&An/terrerr.e.es.2024 ., . Wetlands Area as identified by an Environmental Impact Report by Florida Environmental Consulting,Inc. on May 11,2023: Tuttle-Armfield-Wagner Appraisal & Research, Inc. 4932 • . V f • S.:T:1,''-'tib+:, . 4 ,, mow . A. lir ! t' .MMS.-T4 ~ a�IM4i „4„4 _ s.. . [ t. 2.IOF :, Legend -Subject Parcel 1940 acres FL Wetlands j, t asttsarine and Marine Deepwater Rairsituarine and Marine Wetland L,,....,„wt Forestedjshrub Wetland _, Pond FIELD ADD lS i t13 NWI - i 11 .^ +"""*"' ._:.._..� maim Tuttle-Armfield-Wagner Appraisal& Research, Inc. 4933 JURISDICTIONAL WETLANDS DISCUSSION Jurisdictional wetlands are considered environmentally sensitive and are protected from development by Florida Law (Chapter 403, Florida Statutes)which identified these areas as surface water resources. Because of the size and presence of these wetlands, the subject property falls under the jurisdiction of several regulatory agencies. These would include, but are not limited to, the St. Johns River Water Management District (SJRWMD), the Florida Department of Environmental Protection (FDEP), and Indian River County Department of Natural Resources. Jurisdictional wetlands are generally unsuitable for development without rather extensive site work, including filling and mitigation. Filling wetland areas is permitted by the State of Florida as an exception to this law;however, it must be demonstrated that there will be no significant environmental damages or any environmental impacts must be mitigated by creating or improving off-setting wetlands. Permits to "dredge and fill are issued on a very limited, case-by-case basis and are typically limited to 'filling a very small percentage of low land included in a development intended for adjacent upland areas. These permits are issued on the basis of the assessment of the environmental impact and the probability of obtaining such permits for a parcel are related to the specific intentions of a given development proposal. Mitigating wetlands is also possible,but comes at significant cost. It can be accomplished several ways, but all are more costly than simply buying non-affected light industrial land. Thus, development of marsh areas is subject to a myriad of state, federal and local regulations. Further the high level of restrictions,if possible,would incur such substantial development expense as to preclude development feasibility of the subject light industrial land. The vast majority of knowledgeable market participants would not place value on jurisdictional wetlands because they could not significantly be incorporated into a development plan. Depending upon the location of the wetlands, they could also incur additional discount to the remaining subject land if it would increase development costs to work around them or if they create inefficient upland zones(isolate upland areas). Tuttle-Armfield-Wagner Appraisal&Research, Inc. 4934 f, site t tilities Adequacy of Utilities The subjects utilities are typical and adequate for the market area. Public Electricity Nearby-Above Ground Power Lines Water Supply Type Nearby-Public Water Sewer Type Nearby-County Sewer Rail Access No Site ( haracteristics Corner Lot is not Dimensions Varies Primary Frontage Street Name Island Club Manor Frontage-Primary Street(Feet) 990 Average Depth(Feet) Varies View Average View Description The primary street frontage is along Jungle Trail,an unpaved access Access Average Access Description Access is currently via an ingress'egress from Jungle Trail Upon development,access will be provided from Island Club Manor via a prescribed access easement that connects with Highway AlA to the east. Site Visibility Average Site Visibility Description The site has no traffic tracked which is typical for a residential use. Site Improvements The subject is vacant land and does not have any site inmproventents. Off-Site Improvements The off-site improvements consist largely of the improved roadways and municipal utilities. Street Lighting There are street lamps along Island Club Manor.There are no street lights along Jungle Trail (` Sidewalks There are sidewalks along Island Club Manor.There are no sidewalks along Jungle Trail. Curb and Gutter There are no curbs or gutters along Island Club Manor nor Jungle Trail. Drainage Appears Adequate Topography Level Shape Slightly Irregular Soil Conditions The appraiser assumes that there are no hidden or unapparent conditions of the property,subsoil,or structures,which would render it more or less valuable. The appraiser assumes no responsibility for such conditions,or for engineering which might be required to discover such factors. The appraiser does not consider mineral rights. es-- m b • L _,J it,► F . ..._ ,.... 211 at" +.as J ea.a*TTrM bat r ormat oo indole Trod Marva a fl,,,pw!y indoor ....s...la C.oudxy.FbMla^.......... .—�...r..or--sr...ram.aro s--.....-....—...r..-. s-..�,..... ... , ..•..i ...r�.dic Daae ESRC r ..i rn aria. Tuttle-Armfield-Wagner Appraisal& Research, Inc. 4935 Site II:um-11s \\\ FEMA Map# 12061CO232J FEMA Map Date 1/26/2023 Flood Zone AE In Flood Plain Yes Flood Zone Comments The subject lies within both Flood Zone X and Zone AE.Flood Zone X classification denotes areas that are"determined to be outside the 500-year flood",and are considered to be Of minimal flood hazard. Flood Zone AE,and identified as an area of High Flood Risk.Flood Zone AE is defined as an area inundated by 100-year flooding,for which base flood elevations have been determined. Encumbrance I Easement Description We were not provided a current survey or title policy of the subject property.We assume that no easements,encumbrances,and or deed restrictions exist that adversely affect subject utility or market value. Accordingly,the market value estimated Herein is contingent on the accuracy of this assumption. Please reference Limiting Conditions and Assumptions. Environmental Issues We were provided a Phase I'Environmental Assessment prepared by Water&Air Research,Inc.The report conclusions were that there areas of Mixed Hardwood Coniferous Swamp(approximatiy 11%of the site). Encroachments No encroachments onto the subject property were noted by inspection or survey. We assume there are no encroachments onto the subject site. Wetlands Type Estuarine&Marine Wetland Wetland Acres 2.20 Percent Wetlands 11.22% Wetlands and Watershed Comments The site is affected by 2.2 acres of jursdictional wetlands. Considering the necessity costs required to mitigate wetlands.the market tends to avoid development impacting these areas. The net useable area is reduced by the amount of wetlands. Retention None.Required upon development of the site. Possible Nuisance No nuisances were observed upon inspection oi'the subject property. National Flood Hazard Layer FIIRIt ginitiuk .aM .y...• Yr fez- ?. gss lalalataa I3343334312.3.Nes -:• • ��-- MiM*.wo•Is. .: t x aI n Arr.rs •Vfii Y`YKtMixxr{IiMR . m+- n of-IEZ5 \ •.er,. .'. _ ‘411-11,.",4011.1‘4-1.$) s,‘. i'.. ..J ") -2TIC( 4.,,T n n.ay,.,a,,Znp «. fir= �rw» Iv `_.0 11 tM fai p, -a -. 1- 1... x.. ...,..o, ... Meor•nr.M+l"a•.+e4allM0UIM0/YM01110 .. Tuttle-Armfield-Wagner Appraisal&Research,MO, 4936 Aerial —. . itt u i. } Ri fki 1�,- r it ` X 1 3 .1( f.. ,; L.......,Th if ii , ; A; - .. '' , 4.' ' ' i-iiir 0 0 V Eagle View 11"'..-,7. 1.::' •wa.. '°" Wer....... 4. t . �, _..._�...�^ �s { •' _ f 4,1P r,, .0. ^ ; r . :C Y, yams w air �,�, "3 „,,,,gr �i+ .. _"+. M.. •k ik, VP It 144 io 4 ” The aerial depictions are from the Indian River County Property Appraiser records and Google Earth. The property boundaries are not exact. They are for illustrative purposes only. Tuttle-Armfield-Wagner Appraisal& Research, Inc. 4937 • Subject Photographs 1.• -'..0 , „, ,. , 'r. w yam. .. #�'`,.. dry .>•; x�;o ,. ..... . .:,:,,,,,,,::,,, ,..,•:1•::zi;v!..... i::.,„•,:;..,..,,... ..,.„..:.::71:.‘,...;ty.t,.,,_„.,,.,t.:,..,,u:. .:;;:::. ,,,: , , ?,,,4!,•.,,,,ti.,..,..•.-,... :��o-' °y`4 1a". .`atm .y ate,,. , ' ,,,....,...,1 :.„ , ,-.:::: ' 'Al, r 0 ' ' ' ,, _ a +-, e ¢ s+ �;+ , i : Land—Southeast Elevation %s i p _ ,,,,,,,,L,,,111.1,7119rIrliiirrir.rM1111111!: • ti • intiliiiimagStetkentlim- • • • • • Wetlaands —Western Elevation Subject ."d-As Viewed from Jungle-Trail C Tuttle-Armfield-Wagner Appraisal & Research, Inc. 4438 High andBest use Before an opinion of value can be developed, the highest and best use:of the property must be determined for both the suect site as though vacant, and for the property as improved.Highest and best use may be defined as "The reasonably probable and legal use of vacant land or improved property,which is physically possible, appropriately supported, financially feasible. and that results in the highest value 1." 1. Permissible Use.What uses are permitted by zoning and other legal restrictions? 2. Possible Use. To what use is the site physically adaptable? 3. Feasible Use. Which possible and permissible use will produce any net return to the owner of the site? 4. Maximally Productive. Among the feasible uses which use will prooe the highest net return,(i.e.,the highest present worth)? Because the use of the land can be hotted by the presence of improvements,highest and best use is determined separately for the land or site as though vacant and available to be put to its highest and best use,and for the property as improved. The first determination reflects the fact that;land value is derived from potential land use. The highest and best use of a property as improved refers to the optimal use that could be made of the property including all proposed structures. The determination of the highest and best use of land as though vacant is useful for land or site valuation;determining the highest and best use of an improved property provides a decision regarding continued use or demolition of the property. Highest and Best Use As Vacant Legally Permissible The category of Legally Permissible uses includes an analysis of public development regulations, including current and possible fie changes in zoning regulations and procedures, and private constraints including deed restrictions, leases, or any known encumbrances on title. Zoning&Future Land Use As discussed earlier in the zoning section, the current zoning classification in Indian River County is RS-3—Single Family Residential District. Permitted uses include but are not limited to: single-family dwellings, foster care facilities, amateur radio communication towers (less than 80 ft.), commercial communications towers camouflaged up to 70 ft.. Under the current zoning designation, the site could be developed with a maximum density of 3 single-family resideaptal homes per acre. The subject has a Future Land Use designation of Low Density Residential 2 ad-2)which allows a maximum residential density of six(6)units per acre. 1 The Appraisal of Real Estate 12th Edition,Page 305,Appraisal institute Tuttle-Armfield-Wagner Appraisal & Research, Inc. 4939 Appraiser's Note: The subject historically was a Citrus Grove and had a designation of CA-1,Agricultural. Within this designation, only one unit per five acres was permissible. Because of this limiting factor on density, representatives of subject ownership went through the successful rezoning process to have the subject parcel rezoned to a Residential Zoning Classification, R-3, as shown in the following article from Vero News.com on May 9, 2024: Rezoning of island agricultural parcel paves the way for more new residences One of the last parcels of agricultural land left on the barrier island was rezoned last week to allow up to three single-family homes per acre, paving the way for a new development on 19.6 acres offormer citrus groves just north of the Island Club. The Oak Hammock property at 8510 Jungle Trail does not extend to AIA and is prohibited by county regulations from having its entrance on the Jungle Trail, so construction workers and future residents will have to turn off AIA onto Island Club Manor to reach the new subdivision's entrance. The Board of County Commissioners voted 4 to 1 in favor of the rezoning with Commissioner Laura Moss rejecting the request from Jan Jelmby of Helmet House Construction, Manor Development LLC and John's Island resident Alan Wilkinson, the property's owner. C.. Wilkinson formed Manor Development LLC to buy the parcel in 2022 for $4.5 million from Premier Citrus. It is carved into the southern edge of what's known as the Captain Forster Hammock Preserve,just north of the northern town limits of Indian River Shores. The surrounding land consists of a mixture of conservation land to the north and east, single family development to the south, and the Indian River to the west. The single- family, up to three units per acre or RS3 zoning allows 15 times the density than the previous Al agricultural, one unit per five acres zoning. Initial plans for developing the property submitted last summer met substantial challenges. The county said the plans would have to be reworked and resubmitted because they did not include enough information to either approve or disapprove of the project. At the April 23 commissioners meeting, county staff recommended the change as compatible with the surrounding area and consistent with the county's adopted comprehensive plan and land development regulations. With the exception of Moss, who was concerned about possible wetlands and endangered species and that the rezoning was in harmony with the public interest, all agreed that the applicant met the criteria. Tuttle-Armfield-Wagner Appraisal&Research, Inc. 4940 C "If it is not changed, we will have future inconsistency, " said Commissioner Joseph Flescher, "This property met the criteria," Commissioner Joseph Earinan agreed. "This land was previously grove land. I highly doubt it contains wetlands,"said Chris Baiter, chief of Long Range Planning, adding that a wetlands delineation would be done later in the process and that any endangered species would also be identified. If either is found, mitigation will occur at a low level, or a buffer will be created if the findings are at a higher level. "We have built-in regulations, "Balcer said. Robert and Beth Shapiro, residents of Island Club Manor, expressed concern during the public hearing, saying they 'fell in love with Vero Beach" when they saw it. "It was not a concrete jungle. In a few years, much of the area is unrecognizable," said Beth Shapiro, adding, "the property would be better zoned for conservation. "In addition, the couple is worried about the noise and dust that will come from the construction process. As originally proposed, the development would include 15 lots ranging from .71 acres to 1.07 acres, with one .39-acre lot. Home sizes are not included in the original design. Plans also showed a `future dock" on the river that looked like it would have a boat slip for each home and a gazebo at the end. VeroNews.com, "Rezoning of island agricultural parcel paves the way for more new residences",Regina Marcazzo-Sharka,May 9, 2024. Physical Factors The category of Physically Possible uses is an analysis of the subject's ability to support various improvement types. Included in this category is an analysis of the physical attributes of the land, access and transportation, infrastructure and available public services, environmental considerations, along with current and expected future neighborhood development trends. The subject has direct access from Jungle Trail as of the effective date of the appraisal; per county rules, development of a parcel with ONLY access from Jungle Trail would be prohibited. Current ownership, after the acquisition in 2022, obtained an access easement agreement via Island Club Manor south of the subject that straddles the subject parcel and the Island Club Subdivision directly and adjacent to the south Below is the easement prescription (the entire easement agreement can be found in the addenda of this appraisal report): WHEREAS.the Riverside Plat dedicated to Grantee as the owner of the Adjacent Property a right-of-way for ingress and egress pursuant to the following language contained in the Riverside Plat: "9. ISLAND CLUB MANOR RIGHT-OF-WAY IS HEREBY DEDICATED FOR ACCESS AND EGRESS PURPOSES TO THE OWNERS OF THE ADJACENT PROPERTY LYING NORTHWARD OF THIS SITE, THEIR SUCCESSORS AND ASSIGNS. CONDITIONED ON A PRO-RATA SHARING OF MAINTENANCE COSTS AND RECOVERY OF CAPITAL COSTS BASED UPON THE NUMBER OF TRIPS GENERATED BY COUNTY APPROVED DEVELOPMENT PROJECTS FOR THE PROPERTIES OF THE RESPECTIVE PARTIES: AND ALSO CONDITIONED ON THE GRANTOR AND GRANTEE ENTERING INTO AN EASEMENT AGREEMENT MUTUALLY AGREEABLE TO THE PARTIES AS TO REASONABLE TERMS, CONDITIONS, AND CONSIDERATION."(the"Plat Language") Tuttle-Armfield-Wagner Appraisal & Research, Inc. 4941 C Although the subject does not currently have direct access to Island Club Manor, it is assumed that the property will further develop this access via the prescribed easement upon final site plan approval and construction starts. The subject has approximately 17.4-acres of usable uplands with the remainder, 2.20- acres, having been identified as jurisdictional wetlands as identified by the National Wetlands Inventory Mapping System. Additionally, an Environmental Study was conducted in 2024 by Water & Air Research, Inc. that confirmed approximately 11% percent of the site was identified as Mixed Hardwood-Coniferous Swamp on the subject property as shown in the table below: Table i.The anent of each altered land rue type or natural community type ontlr Jungle Trai Island Ivienor property haffi the Florida Cooperative Iaodcover Map(2023). Lad Use/Natural CouimnnitY Acres %Yo Cover Type UplWet State Rank Shrub and Brusbland(cleared) 17.0 8810% Altered Upland not ranked Mimed Hardwood-Coniferous Swamp 1.8 9.3% Natural Wetland not ranked Mi=d Hardirood-Coniferous Swamp 0.4 1.8% Altered Wetland net ranked Transportation 0.1 0.7% Altered Upland mt rankeed Urban QpertForested 0.02 0:1% Altered Upland not ranked Residential Low Density 0.01 0.1% Altered Upland not ranked Total Altered 17.5 90.7% Total Natural 1.8 9.3% Total Upland 112 8&9% Total Wetland 2.2 11:1% *The level of disturbance tvithin each onsite.natural conomamity has not been assessed C. Appraiser's Note: The descripency in total site size within the environmental report was due in large part based on measurements obtained during the study. Per the client's request, we have utilized the property appraiser and survey's indication of 19.6 acres. The uplands area of 17.4-acres could support residential development provided access is provided via Island Club Manor and final site plan approval by Indian River County. Financially Feasible Financial Feasibility is an analysis of the ability of the property to return the highest possible yield to the investment of land and improvements based on its income producing capability and the return requirements of investors in the market. Site utility is Average. The subject has adequate size, shape, access, utilities, and topography for low intensity residential use. Considering neighborhood trends and physical features, the subject site is suited for low-intensity residential use. It stands within the flood-prone area. Insurance purchase is recommended. The subject could be developed with a maximum of 52 single-family units based on the available uplands present on the subject site (17.4-Acres x 3 = 52.2 units rounded to 52 "whole" units not including other required setback requirements, on-site compensatory stormwater requirements, internal roadways, etc. Representatives of subject ownership indicated that they were looking to develop 20 single-family residential units on the entire parcel as shown in the preliminary plat submitted to the county below (the full civil plans are C maintained in the Appraiser's work file as obtained from the Indian River County Planning and Development Department): Tuttle-Armfield-Wagner Appraisal&Research, Inc. 5942 i A.-.R....�.-� !;; . a : :ce > �- _ - - ..i.,�.._ -____ :ate p "Tom: - _ r..==-U _ . . is ili F p� R Y :- �. ,i Il 1.1 #!, ttl --iii a I,.1- t'`r • - ! R` t .-...f _ 1 ._i t- ..-F.:. eI L.r.c. ri -J C, I The subject is currently a candidate for acquisition by the Indian River County Parks & Conservation Department. However, because approximately 90% of the site is developable, the most financially feasible use of the subject property, provided the extensive planning by subject ownership, indicates single-family residential use consistent with surrounding neighborhood trends, is the most financially feasible use of the subject tract as vacant. Maximally Productive Use , Reviewing the permitted principal uses set forth under the zoning ordinance, it is our opinion that Single-Family Residential Use, conducive to neighborhood trends, is the most maximally productive use of the subject parcel. Exposure Time Exposure time is the estimated length of time that the subject would have been offered on the market prior to a hypothetical sale of the property on the effective date of the appraisal. Based on data obtained from sales transactions and interviews with market participants, it is our opinion that the probable exposure time for the property at the concluded, "as is"market value is 6-9 Months for the effective date of June 9, 2025. Marketing Period Marketing period is an opinion of the amount of time it might to take to sell the subject at the concluded market value during the period immediately following the effective date of the appraisal. Because we foresee no significant changes in market conditions in the near term, it is our opinion that a reasonable marketing period for the subject is the same as its exposure time. Therefore, we estimate the subject's marketing period to be 6-9 Months for the effective date of June 9, 2025. C Tuttle-Armfield-Wagner Appraisal&Research, Inc. 5943 Valuation Methodology Three basic approaches may be used to arrive at an estimate of market value. They are: 1. The Cost Approach 2. The Income Approach 3. The Sales Comparison Approach Cost Approach The Cost Approach is summarized as follows: Cost New -Depreciation Land Value Value income Approach The Income Approach converts the anticipated flow of future benefits (Mame) to a present value estimate through a capitalization and or a discounting process. Sales Comparison Approach The Sales Comparison Approach compares sales of similar properties with the subject property. Each comparable sale is adjusted for its inferior or superior characteristics. The values derived from the adjusted comparable sales form a range of value for the subject. By process of correlation and analysis, a final indicated value is derived. Final Reconciliation The appraisal process concludes with the Final Reconciliation of the values derived from the approaches applied for a single estimate of market value. Different properties require different means of analysis and lend themselves to one approach over the others. Analyses Applied Utilized Approaches to Value Cost Approach The subject is vacant land and this method does not accuratelyrefit market participant aC#ions. Sales Comparison Approach x There is adequate data to develop a value estimate and this approach reflects market behavior for ibis property type. Income Approach The subject is vacant land and this method does not accurately reflect market participant actions. Tuttle Armfield- Appraisal&Research, Inc. 5944 Sales Comparison Approach — Land Valuation The Sales Comparison Approach is based on the,premise that a buyer would pay no more for a specific property than the cost of obtaining.a property with the same quality,utility, and perceived benefits of ownership. It is based on the principles of supply and demand, balance, substitution and externalities. The following steps describe the applied process of the Sales Comparison Approach. • The market in which the subject property competes is investigated; comparable sales, contracts for sale and current offerings are reviewed. • The most pertinent data is further analyzed and the quality of the transaction is determined. • The most meaningful unit of value for the subject property is determined. • Each comparable sale is analyzed and where appropriate, adjusted to equate with the subject property. • The value indication of each comparable sale is analyzed and the data reconciled for a final indication of value via the Sales Comparison Approach, Land Comparables We have researched comparable land sales for this analysis; these are documented on the following pages and analysis grid. All sales have been researched through numerous sources and verified by a party to the transaction when available. In order to make the comparison meaningful,the comparable sales are reduced to a basic unit of comparison,. i.e., the price paid per usable acre. The comparable land sales are detailed on the following pages. C •'• _ Tuttle-Armfield-Wa mer g Appraisal&Research,Inc. 5945 r Address 2512 N. Ocean Shore Blvd. ID 16691 City Flagler Beach Date 7/10/2024 County Flagler Actual Price $1,895,000 Zip 32136 Price $1,895,000 Tax ID 35-11-31-0400-00020- Price Per Acre $255,629 0010 Grantor JER & Associates Price Per Usable Acre $625,413 Grantee Pick Me A Winner, LLC Price Per Usable Land SF $14.36 Book/Page or Reference 2883/1048 Conditions of Sale None Noted Financing Market Terms Days on Market 266 Acres 7.41 Zoning MDR Land SF 322,915 Utilities Nearby (City Usable Acres 3.03 Median Household Income $71,498 Corner is not 3 Mile Popul 8,997 Visibility Average Shape Highly Irregular Access Average Distance 130.14 This is the closed sale ofthree adjacent parcels with a total of 7.41 acres with frontage along N. Oceanshore Blvd. in the town of Beverly Beach in Flagler County. The property is zoned MDR, Medium Density Residential, allowing for a maximum of 5 units per acre within a flood zone. The property has approximately 4.38 acres of jurisdictional wetlands but benefits from having waterfrontage along a small sliver of the western ele%2tion on the intracoastal and two beachside parcels that likely would not support development. The property was listed for 51,900,000 and after 266 days on market, closed for $1,895,000. The property could be developed with a maximum density of 15 units. The listing agent was Jeff Meyer of the Compass Realty Group who confirmed this was an anus -length transaction and stated that he believed the buyers intended use was for a SFR estate home. ner Appraisal & Research, Inc. CRY Flagler Beach Date 9/6/2023 Co.v Flagler Actual Price $4;500,000 32137 Price $4,500,000 Tax W 37-10=31-1550-00000- Price PerAcre $229,545 ©110;;3-1a�1-r�so- 00000-0111 Grantor Hatcher Family Revocable Price Per Usable Acre $280,549 Trust dated September 17. 2019 Grantee KGJG,Cove, LLC Price Per Usable Laud SF $6.44 Book/Page or Reference 2811/371 Conditions of Sale None Noted Financing Market Tenrn Days on Market 33 Acre s :9.60 7pning R/C Land SF 553,953 Utilities Nearby (City Water/Sewer) Usable Acres 16.04 Median Household Income $73,7" Corner is not 3 11fle Popul 4,201 Visibility Average Shape Roug*=ttangulai Access Average Distance 141 This is the closed sale oftwo adjacent parcels located in F laglet Beach with frontage along N. Ocean Shore Blvd. The parcels have a split lot design with most of the land being west of the roadway but two parcels on the eastern. ocean side that could support the development oftwo ocean front homes. The property is zoned R/C that is primarily residential with limited eoro nercial The property was listed for $2,254,000 and after 33 days on market, was under contract for the asking price and closed on September 6, 2023. The parcels have approximately 3.56 acres of jurisdiction wetlands. The broker was Robert Bagdon of Engel & Vokers St. Augustine that confirmed the sale was an arms length transaction and that the buyer was an investor who planned to develop the site with condominiums and single-family homes. The combined parcel underwent prelitmtary testing and future land use approval Sor a 56-1111it subdivision prior to the acquisition according to the listing agent, Mr. Bagdon �_- 5947 City Fort Pierce Date 9/6/2022 County St. Lucie County Actual Price $1,750,000 Tip 32949 Price $1,750,000 Tax ID 1423-120-0006-000-3 Price Per Acre $137.471 Grantor KLP Investments, LLC Price Per Usable Acre $265,957 Grantee LBOA Hutchinson Island, Price Per Usable Land SF $6.11 LLC Book/Page or Reference 4888/925 Conditions of Sale None Noted Financing Market Tems Days on Market 301 Acres 12.73 Zoning HIRD Land SF 554,519 Utilities City Water/Sewer Usable Acres 6.58 Median Household Income $63,853 Corner is not 3 Mile Popul 11,242 Visibility Average Shape Roughly rectangular Access A 1Ditg4ge 17xQ This is the closed sale of 12.73 acres with frontage along Highway Al A in Hutchinson Islara. +The property `s 20 HIRD, Hutchinson Island Residential Development, within unincorporated St. Lucie County that could support nr kbnlily development. The property has approximately 6.15 acres of jurisdictional wetlands on the western boundary along the mtracoastal waterway. The property was listed for $3,500,000 and after 301 days on market, closed on September 6, 2022 at $1,750,000 equating to $137,471 per gross acre or $265,957 for the usable, uplands of approximately 6.58 acres. The listing agent was Robert Lowe with Low International Realty Plus. A verification call was made but unsuccessfW along with a call to a planner at the St. Lucie County Planning and Zoning Department for confirmation on how many na h&mily/residential units this parcel could support. ner Appraisal & Research, 448 Land Sales Comparables Map Subject 1350 IsbW Club Manor Wro Beach omp .1 2512 N. Ocean Shore Blvd, Plagler Beach. 1301.14 On Comp 2 7032 N. Ocean -Shore Blvd. Hagler Beach 1#1.111: s Comp 3 )0 N. !E bm AIA . FioxtRierce 17,08 res Tuttle-Armfield-Wagner Appraisal & Research, Inc. 5049 Analysis Grid The above sales have been analyzed and compared -vd& the subjed property, WO have considered adjustments in the areas of- * Property Rights Sold * Market Trends - Financing * Location * Conditions. of Sale , Physical Characteristics On the fbIlowing page is a sales comparison grid displaying the subject property, the comparables, and the adjustments applied. Address 13501slaridClub '2Sft'V,'Omn Shore 7032N.'Ocean SboreBlvd. XXXXN.Highway AlA Manor aw. City Vero Beach F4* Beach FlagJer Beach red r**A County Indian River Fk& Flagler St LAU&COunly Date 6/9V2025 7/10/2024 9/6/2023 9/6Q022 Price $111951000 S4,500,000 S1117WO Usable Acres 17.4 3,0' 16.0 6.6 Usable Acre Unit Price $625.413 s28049 5265,957 Property Rights Fee Simple Fee ShVle 0 % Fee qirple 0.0111. Financing Convmdmal Market Temps 0.00/, VarkoTorts 0.0% Ma*et Term OR% Conditions of Sale Cash None Noted 0.01/9 None Noted OXP/o None Noted 0,00/0 Subsequent Tremis Ending 6/9Y2025 0.0% $0 $0 $o sted Usable Acre Unl1tPrice $625,413 S280.549 $265,957 LOW Location Above Average Avcrai-,c Overage Average %Adjustnrnt 5�11 5"',, 5% 2#�kativo Interior Interior Inferk)r Usable Acres 17.4 3.0 16.0 66 %Adjusftned -15% 0% -10% Qualitative Superior Sivilar, &29& Topography Level Moderately LgvW Moderately Lavel. - *derately L** • Adjustment 0% 0% Qualitative sirnbr, SinAar Shape SV* Irregular ffighly W009or ROV411Wrectaeodar Roughly rectanplar • Adiustrnent 00/0 00/0 0% ltative sirnag Similar silniLlr Utilities Nearby Nearby (City Nearby (City WaterSewer) City Water/Sewer Nearby Water/Sewer) */a Adjustment 0% 00/0 0% Qualitative Similar Similar Sinffir Zoning RS -3 MDR R/C HIRD % Adjwftne& -5% -5% -5% Ouarkative Superior Swerior Si4icrix View Good Good Good Good °/i) AdjIustiTent W" 0% 0°/ I Qualitative !Adjus(cd UsableAcre l Similar Similar Similar Net Adjustments Unil Price $531,64111 -15.0% $280,549 0.0% S239362 -10.0010 000" 25.0% 10.0% 20.0% Tuttle-Armfield-Wagner Appraisal & 5050 C Analysis and Adjustments In order to make the comparison meaningful, the comparable sales are reduced to a basic unit of comparison, i.e., the price paid per square foot of GBA. For Property Rights, Financing, Conditions of Sale, Expenditures After Purchase, and Time -Market Conditions adjustments we have applied Quantitative adjustments. Quantitative analysis is used for the remaining physical features. We have considered each sale regarding its relative similarity with the subject in the factors noted above. Then a conclusion is drawn regarding the comparable sale's overall similarity with the subject. Adjustment to Price No additional price adjustments were required. Property Rights This adjustment is generally applied to reflect the transfer of property rights different from those being appraised, such as differences between properties owned in fee simple and in leased fee or partial interests. All the sales reported fee simple property rights purchased by owner users and no adjustments for this category are indicated. Financing This adjustment is generally applied to a property that transfers with atypical financing, such as having assumed an existing mortgage at a favorable interest rate. Conversely, a property may be encumbered with an above -market mortgage which has no prepayment clause or a very costly prepayment clause. Such atypical financing often plays a role in the negotiated sale price. In this case, no adjustment is warranted. Conditions of Sale This category reflects extraordinary motivations of the buyer or seller to complete the sale. Examples include a purchase for assemblage involving anticipated incremental value or a quick sale for cash. This adjustment category may also reflect a distress -related sale, or a corporation recording a non -market price. In this case, no adjustments are warranted. Economic Trends This category reflects investors' perceptions of prevailing market conditions. This adjustment category reflects value changes, if any, which have occurred between the date of the sale and the effective date of the appraisal. Overall, all sale comparables presented have occurred since September 2022 and no significant adjustments occurred during that period. No adjustments were necessary for economic trends/time. Location The subject is located in a residential area of Indian River County as part of unincorporated Sebastian. Location adjustments consider median household incomes and populations within three (3) miles. All of the locations are inferior to the subject's location in Vero Beach with significantly lower median household income indications within a 3 -mile radius. The subject's 3 -mile median household income indication is $136,934 as compared to indications ranging from $63,853 (Comparable 3) to $73,794 (Comparable 2). ner Appraisal & Research, Inc. 5951 Physical Characteristics The sales are adjusted qualitatively Jkr physical characteristic differenem we considered the size of the tracts (Usably Acreage), Topography,, Configuration, A.acm to Utilities, Zoning Classification, and View of each property. The adjusted values of the compamblo properties xange on a per usable acre basis from. $239,362 to $531,601; the average is $3501$04 per usable acre and the median is $280,549 per usable acre. All value indications have been considered, and in the final analysis, most weight has been given close to the weighted average indication concluding at $325,000 per usable acre, Low: $265,957 $239,362 -IVA Sigh: $625,413 $531,601 -15% Average: $390, $350,504 -love Median: $280,543 $280,549 00/0 Reconciled Value[Unit Value: $525,600 usable acre Subject Size: 17.4 Indicated Value: '$5,655,000 Reconciled Final As Is Value: $5,655,000 Five Million Six Hundred Fifty Five Thousand Dollars ner Appraisal & Research, 6952 Final Reconciliation The: process of reconciliation involves the analysis of ewh approach to., value. The ,qulaliiy of data applied, the significance of each approaci as it relates to market behavior an4 defensibility of each approach are considered and weighed. Finally, each is con %red separately and comparatively with each other. This amount is deducted from As Complete value in order to arrive at the As Is Value. Finahe Interest Appraised Effective Date Value Conclusion Current As Is Market Value Fee SMIPle 619)2025 $5,655,000 Cost Approach The Cost Approach to Value is most applicable for ww, nearly new, or proposed improvements which represent the Highest and Best Use for the land. A cost approach was not applied as the subject is vacant land and this method does not accurately reflect market participant actions. Sales Comparison Approach The Sales Comparison Approach is most reliable when the market provides an ample supply of improved comparable sales. A sales comparison analysis was considered and was developed as there is adequate data to develop a value estimate and this approach reflects market behavior for this property type. The subject indication from this approach was supported with several recent, comparable properties offering similar utility to owner users. This approach is MOST relevant to owner users. We place all weight on this approach, in line with the buyer profile. Income Approach — Direct Capitalization An income approach was not applied as the subject is vwant lel end this method does not accurately reflect market participant actions, Value Conclusion Based on the data and analyses developed in this appraisal, we have reconciled to the following value conclusion(s}, as of June 9, 2025, subject to the Limiting Conditions and Assumptions of this appraisal. Premise Interest Appraised Effective Date Value Conclusion Current As Is Market Value Fee Shpk 6/9/2025 $5,655,000 uttle-Armfield-Wagner Appraisal & 6953 Coon We certify that, to the best of our knowledge and belief I . The statements of fact contained in this repott are true and c—oftot. 2. The reported analyses, opinions, and conclusions are limited only by: the reported assumptions and limiting conditions and are our personal, impartial and unbiased professional analyses, opinions, and conclus. 3. We have no present or prospective interest in or bias with respect to the property that is the subject of this report and have pe . personal interest in or bias with respect to the parties involved with this assignment. 4. Our engagement in this assignment was riot contingent upon deyol+oping;or reporting predetermined results. 5. Our compensation for completing this assignment is not contingent. upon the development or reporting of a predetermined value or direction in value that favors the cause of the clients the amount of the value opWion, the attainment of a stipulated result, or the occurrence of a subsequent eveg directly related to the intended use of this appraisal. 6. This appraisal assignment was not made, nor was the appraisal rendered on the basis of a requested minimum valuation, specific valuation, or an amount which would result in approval of a loan. 7. The reported analyses, opinions, and conclusions were developed, and this report. has been prepared, in conformity with the requirements of the Code of Professional Furies and the Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards ofFiof+sssional Appraisal Practice: 8 The use of this report is subject to the requirements of the Appraisal, Institute relating to review by its duly authorized representatives. 9. Jason C. Malick, Trainee R1252-67, provided signif cant `help in site and buildirit inspection and descriptions, tax and'zoning analysis, and research ofcompatison sales. 1.0. I, the supervisory appraiser of a registered trainee appraiser who contributed to the development or communication of this appraisal, hereby accept full and_oomplete responsibility for any work performed by the registered trainee appraiser named in this report as if it were my own work. 11. As of the date of this report, Matthew Jehs, MAI has completed the continuing education program of the Appraisal Institute, 12. We have made an inspection of the property that is the subject of this report. 13. The appraisers have not performed a prior appraisal or any services regarding the subject property, as an appraiser or in any other cavity within the three-year period immediately preceding the agreement to perforin the assignment. Matthew W. Jehs. MAI er i 1al¢r_k nMPM17 Cert Gen RZ2806 Trainou, agner Appraisal & Research, Inc. 6954 agner Appraisal & Research, Inc. 6955 Definitions Please refer to the publications listed in the Works Cited section below for more information. Works Cited: Appraisal Institute. The Appraisal of Real Estate. 15th ed. Chicago: Appraisal Institute, 2020. PDF. Appraisal Institute. The Dictionary of Real Estate Appraisal. 6th ed. 2015. PDF. The Appraisal Foundation. 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP). Eff. January 1, 2020 through December 31, 2021 PDF. Market Value: As defined by the Office of the Comptroller of Currency (OCC) under 12 CFR, Part 34, Subpart C -Appraisals, 34.42 Definitions, the Board of Governors of the Federal Reserve System (FRS) and the Federal Deposit Insurance Corporation in compliance with Title XI of FIRREA, as well as by the Uniform Standards of Appraisal Practice as promulgated by the Appraisal Foundation, is as follows. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the Qconsummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby, Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Dictionary, 6th Edition) 6956 Leased Fee Interest CThe ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Dictionary, 6th Edition) Lease Types Absolute Net Lease - A lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant. Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay all of the property's operating and fixed expenses; also called full-service lease. Modified Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property's operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi -gross lease. (Dictionary, 6th Edition) Marketing Time An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. C,. 6, "Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions" address the determination of reasonable exposure and marketing time.) (Dictionary, 6th Edition) Market Rent The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs). (Dictionary, 6th Edition) Exposure Time 1. The time a property remains on the market. 2. The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming a competitive and open market. (Dictionary, 6th Edition) Gross Building Area (GBA) Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above -grade area. This includes mezzanines and basements if and when typically included in the region. (Dictionary, 6th Edition) 657 Stabilized Occupancy C 1. The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is priced at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing its appropriate share of market demand. 2. An expression of the average or typical occupancy that would be expected for a property over a specified projection period or over its economic life. (Dictionary, 6th Edition) .11 Professional Qualifications Matthew W. Jehs EXPERIENCE: Current Managing Director for Tuttle-Armfield-Wagner Appraisal & Research, Inc., Mr. Jehs has 23 years of appraisal experience, receiving his MAI in 2008. He has performed property valuations for a broad array of retail, industrial, and office properties including shopping centers, office/warehouses, bulk distribution warehouses, heavy manufacturing, both low-rise and high- rise professional offices and medical office buildings. Valuations have also included surgical centers, limited -service hospitality properties, condominium developments and conversions, residential subdivisions, and vacant land. Specialized real estate assignments include right-of-way projects, Cape Canaveral Port Facilities, Kennedy Space Center assets, and Melbourne Airport Aviation land, and jurisdictional wetlands. Clients served include accountants, investment firms, law toms, lenders, private corporations, Iocal municipalities, and public agencies, including Veterans Affairs, Florida DEP Approved Appraiser, and SJRWMD. Valuations have been utilized for mortgage loan purposes, equity participation, due diligence support, condemnation proceedings and insurance purposes. Assignments have included the valuation of existing and proposed properties, as well as market studies, highest and best use studies, and property value impact studies. EDUCATION: Bachelor of Arts Degree, Benedictine University, 2000 Appraisal Course Work Completed: Appraisal Institute 110 -Appraisal Principles 120 -Appraisal Procedures 210 -Residential Case Study 310 -Basic Income Capitalization 410 -Uniform Standards of Professional Practice — Part A 420 -Uniform Standards of Professional Practice — Part B 510 -Advanced Income Capitalization 520 -Highest and Best Use and Market Analysis 530 -Advanced Sales Comparison and Cost Approach 540 -Report Writing and Valuation Analysis 550 -Advanced Applications Continuing Education in USPAP, ARGUS, STDB.com LICENSES: State Certified General Real Estate Appraiser #FL-RZ2806 PROFESSIONAL Member of the Appraisal Institute (MAI) #432527 ORGANIZATIONS: 2020 Past President Florida East Coast Chapter Appraisal Institute I have been qualified as an expert witness in Brevard County circuit court. I have testified in court cases involving commercial Real Estate litigation. Appraisal & Research, Inc. 6959 PROFESSIONAL QUALIFICATIONS FOR JASON C. MALICK EDUCATION: Bachelor of Arts Business Administration, University of Florida, 2004 LICENSES: State -Registered Trainee Appraiser, RI25267 APPRAISAL COURSEWORK: Appraisal Principles Appraisal Procedures Florida Appraisal Law 15 -Hour National USPAP Income Capitalization Approach Report Writing and Case Studies Sales Comparison and Cost Approach Market Analysis and Highest and Best Use APPRAISAL EXPERIENCE: Appraisal experience including Vacant Land, Multi - C. Family, Single -Family, Industrial, Retail, and other Commercial and Residential Properties PROFESSIONAL EXPERIENCE: September 2021 to Present — Commercial and Residential Trainee, Tuttle-Armfield-Wagner Appraisal & Research, Melbourne, FL January 2019 to January 2020 — Real Estate Agent Premier Properties and Coldwell Banker Paradise, Indialantic, FL C 6960 6961 f labO w Owas Gatasty envifonmental bond appraise From. Wendy Swindell <wswindell LWindian river,Qov> Bene Monday, April 28, 202S 9:40 AM To: Matthew lehs <matthew.jehs@Dt-a-w.coen> Cc: Ashley J_ Lingwood <atsnawoodilpindianriver_gov>; Jennifer Hyde <jhyde@DDindianriver.gov> Subject*. RE: Indian River County environmental bond appraisals Please consider this email as County approval for you to move forward with this worst. Thank you, and please let me know if you have any questions. From: Wendy Swindell - Sent: Thursday, April 37,2025SA79" To: Matthew Jehs <m - Cc: Ashley J. Lingwood .. . . - ... . jq" Chris Hicks <c�icks�tndianriver.aav>; Ryan 9weertey < ��,(�> Sabieda Indian "Rive County environmental by Good afternoon, I received your voicemail and called back but you had left for the day. We are looking to start the appraisal process we discussed on the .eeks back Can you please send me a proposal for appraisal services, tailored for the fbAMl!(lgfl5t press. stt)st based on FDEP requirements, for the following parcels: Project Name Owner Parcel ID Jungle Tran island Club Island Club Manor Development 31392600000010000008.0 Manor LLC ` I n,.r - ars . 'i• i Wendy Swindell Smith, Peggy Lee & Randolph Envin Assistant Directar Parks A diiinser vation Hate Groves Property Hate. Grove 4 LLC 3-1392100000005000014.* .s'W�`WtCrir ? 15909-st15iN++fl1 ch • 32962 93" Lane Riverfrortt Christian Hantmarskiotel (M3 226-371FS 269-4558 (Cell) - Winter Beach 73rd John Luther i!rOfC flew crnail odarcss: 1>raetimaktiy i � 0' i I i1?kt , new webo Fin 1 Find Social nd us on Social Pyle o" From: Wendy Swindell - Sent: Thursday, April 37,2025SA79" To: Matthew Jehs <m - Cc: Ashley J. Lingwood .. . . - ... . jq" Chris Hicks <c�icks�tndianriver.aav>; Ryan 9weertey < ��,(�> Sabieda Indian "Rive County environmental by Good afternoon, I received your voicemail and called back but you had left for the day. We are looking to start the appraisal process we discussed on the .eeks back Can you please send me a proposal for appraisal services, tailored for the fbAMl!(lgfl5t press. stt)st based on FDEP requirements, for the following parcels: Project Name Owner Parcel ID Jungle Tran island Club Island Club Manor Development 31392600000010000008.0 Manor LLC ` I n,.r - ars . 'i• i Please also include In your proposal a schedule for completion of the appraisals. We may have additional contact information for the owners - please let me know it this is needed and I will find what we have. Thank you, and please let me know if we need to discuss any of tris information. i Wendy Swindell Assistant Director Parks a Conservation 1590 9a' St SW - Vero Beach - 32962 (772) 226-1781 • (772) 269-4558 (Cell) Note new email address w :ndeNemirsdranriwr:aek Nore new wcb odarezz- www /radlrrurlVc'r. a�rtsfooi4talYlierallllew Fired us on Social Media! Channel 27 Facebook-instagram ner Inc. 7962 Durrance Comer - -Property Smith, Peggy Lee & Randolph Envin 31392100000005000001.0 Hate Groves Property Hate. Grove 4 LLC 3-1392100000005000014.* Hate Grove Storefront Hate a"US1 LLC 31392.800000300000002.0 93" Lane Riverfrortt Christian Hantmarskiotel 31392100000005o000'10.1 Winter Beach 73rd John Luther 323901.0 Please also include In your proposal a schedule for completion of the appraisals. We may have additional contact information for the owners - please let me know it this is needed and I will find what we have. Thank you, and please let me know if we need to discuss any of tris information. i Wendy Swindell Assistant Director Parks a Conservation 1590 9a' St SW - Vero Beach - 32962 (772) 226-1781 • (772) 269-4558 (Cell) Note new email address w :ndeNemirsdranriwr:aek Nore new wcb odarezz- www /radlrrurlVc'r. a�rtsfooi4talYlierallllew Fired us on Social Media! Channel 27 Facebook-instagram ner Inc. 7962 C Easement Agreement Allowing Access to Island Club Manor 38. sox •'1D Prepared by and Return to: BEAZER HOMES CORP., a Tennessee corporation (hereinafter referred to as "Grantor") and WILL CALL BOX $69 SANSHO TRADING COMPANY, LTD., a Japanese corporation, SHIGERU TAKANAGA, a A ALAN J. CIKLIN, ESQUIRE €; citizen (hereinafter rcfcrred to as "Grantee"). Boost, Casey, Ciklin, Lubitz, -� Martens, McBane do O'Connell 17th Floor Tower I 0"E1frAWSTM DIED IN THE RECOROS OF Ql -Northbridge -'IO JEFFREY WTON CIt 515 Horth Ragler Drive W11% CLERK CIRCUIT COURT INDIAN RIVER W.,fL/l West Palm Beach, Florida 33401 XMILU pK(�1Ep( � Indian River County. Florida (thc "island Club Plat"), and /iN.IM RW COUMi1` -_J EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this Lo? tA day of June, 2003, by and between BEAZER HOMES CORP., a Tennessee corporation (hereinafter referred to as "Grantor") and w SANSHO TRADING COMPANY, LTD., a Japanese corporation, SHIGERU TAKANAGA, a A Japanese citizen, NOBUYUKI OHORL a Japanese citizen, and HISAO MATSUDO, a Japanese €; citizen (hereinafter rcfcrred to as "Grantee"). co WITNESSETH: WHEREAS. Grantor has caused the following property to be platted: Island Club Riverside w •� Phase 1V, in Plat Book 15, Pages 94 and 94A, and 94B, Public Records of Indian River County, o Florida (the "Riverside Plat"); and WHEREAS, Grantor has caused the following property to be platted: The Island Club of Vero Beach Subdivision - Phase 1, in Plat Book E4, Pages 69,69A. 69B, and 69C, Public Records of Indian River County. Florida (thc "island Club Plat"), and WHEREAS, Grantee owns the following described property located in Indian River County, Florida and located north of Riverside Plat property and the Island Club Plat property; See Exhibit A (rhe "Adjacent Property) and WHEREAS, the Riverside Plat dedicated to Grantee as the owner of the Adjacent Property a right-of-way for ingress and egress pursuant to the following language contained in the Riverside Plat: n "9- ISLAND CLUB MANOR RIGHT-OF-WAY IS HEREBY DEDICATED FOR ACCESS AND EGRESS PURPOSES TO rn THE: OWNERS OF THE: ADJACENT PROPERTY LYING tV NORTHWARD OF THIS SITE, THEIR SUCCESSORS AND W ASSIGNS, CONDITIONED ON A PRO -RATA SHARING OF MAINTENANCE COSTS AND RECOVERY OF CAPITAL ro qp U's ner Appraisal & Research, Inc. 7963 COSTS BASED UPON THE NUMBER OF TRIPS GENERATED BY COUNTY APPROVED DEVELOPMENT PROJECTS FOR THE PROPERTIES OF THE RESPECTIVE PARTIES: AND ALSO CONDITIONED ON THE GRANTOR AND GRANTEE ENTERING INTO AN EASEMENT AGREEMENT MUTUALLY AGREEABLE TO THE PARTIES AS TO REASONABLE TERMS, CONDITIONS, AND CONSIDERATION." (the "Plat Language") and WHEREAS, in order to implement the Plat Language, it is also necessary for Grantor to grant to Grantee casements across that portion of Island Club Manor lying within the Island Club Plat for ingress, egress, and utilities; and WHEREAS, the panics are entering into this Easement Agreement to fulfill the terms of the Plat Language in satisfaction of the requirement for an "agreement mutually agreeable to the panics." NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as well as the mutual promises set forth herein, the parties agree as follows: 1. Grant of Easement on Island Club rillanar. Grantor hereby grants and conveys to Grantee an casement for ingress, egress, and utilities over the right-of-way known as Island Club Manor, as referenced on the Riverside Plat (that portion of [stand Club Manor Iying within the Riverside Plat being hereinafter referred to as the "Riverside Right of Way") and as reflected on the Island Club Plat (that portion of Island Club Manor located within the Island Club Plat being hereinafter referred to as the "Island Club Right of Way"). The easements granted hereby are for the benefit of and appurtenant to the Adjacent Proprrly. ( 2. Contribution for Capital Cost. The capital costs for the Island Club Right of Way shall `— be paid by Grantee to Grantor as such time as the plat of the Adjacent Property (the "Adjacent Properly Plat") is recorded in the Public Records of Indian River County. In the event the actual number of single family residential units permitted on the Adjacent Property as reflected on the Adjacent Properly Plat (the "Actual Units") differs from the assumed number of forty-five (45), the capital cost calculations and payments shalt be adjusted directly between those entities for such recalculated capital costs. 3. Contribution for Maintenance Costs. From and after the date of recording of the 4Z> Adjacent Property Plat, Grantee shall bear its proportionate share of the ongoing maintenance costs for the Island Club Right of Way and the Riverside Right of Way (hereinafter, collectively cn "Island Club Manor"), including maintenance of paying, landscaping, irrigation, and any N required maintenance to utility lines required within Island Club Manor which is the responsibility of The Island Club of Fero Beach Honuow-ners Association, Inc. (the N "Association"). Basal on an assuntcd number of units on the /Adjacent Property of forty-five co (45), Grantt.�es pro rata share of said maintenance costs will be forty-five (45) divided by the .rt units in Island Club of 131 (the "Island Club Units") plus the units in Riverside of 121 (the t3 agner Appraisal & Research, 7964 "Riverside Units") plus 45, or forty-five (45) divided by (131 plus 121 plus divided by 297, or 15.15°%. In the event that the number of Actual Units differs from the assumed number of forty-five (45), Grantee's pro rata share of said maintenance costs shall be recalculated by dividing the number of Actual Units by the sum of the Island Club Units, the Riverside Units, and the Actual Units, 4. Reasonable Consideration. Grantor and Grantee agree that the reasonable consideration provision of the Plat Language shall be satisfied by (i) Grantee's payment to Grantor of the above-statcd capital costs at the time of recording of the Adjacent Property Plat, notwithstanding that on that date no units on the Adjacent Property will be served by Island Club Manor; and (ii) Grantee's agreement to pay its pro rata share of the maintenance costs for Island Club Manor commencing as of the date of recording of the Adjacent Property Plat, notwithstanding that no units on the Adjacent Property will as of that date be served by Island Club Manor. S. Construction Damage. Grantee agrees to indemnify and hold Grantor and the Association harmless from and against any and all loss, cost, damage, , claim or expense relating to or arising out of CmmLce's use of Island Club Manor for construction purposes and relating to construction on the Adjacent Property. Grantee covenants and agrees to take such reasonable steps as may be appropriate to minimize both the use of Island Club Manor for construction purposes and any inconvenience to the residents of units other than those to be located on the Adjacent Property regarding said construction. Any damage to the paving, landscaping, irrigation, or utilities located within Island Club Manor damaged by Grantee or its agents and contractors shall be promptly repaired to a condition substantially similar to that which existed before the damage, and at the sole cost and expense of Grantee. G. Restrictions on Adjacent Property. Grantee, as further consideration to Grantor and the Association hereunder, hereby covenants and agrees that the Adjacent Property shall be utilized solely for single family residential and appropriate related purposes. Grantee further covenants and agrees that any residential units to be constructed on the Adjaccnt Property shall �. be of at least a substantially similar quality of design, construction, landscaping, and maintenance as the island Club Units and the Riverside Units. C- 7. Specifies of Utility Connections. The proposed connection point for the potable water line which will serve the Adjaccnt Property shall be as indicated on Exhibit B attached hereto and incorporated by reference herein. The proposed connection point for the sanitary sewer rorcc main which will serve the Adjacent Property shall be at the point as indicatcd on Exhibit B attached hereto. The proposed connection point for the electrical service which will serve the o Adjacent Property shall be at the point as indicated on Exhibit D attached hereto. The actual �o connection point for utilities shall be as specified by the utility company providing service. Any � further utility connections for utilities located within Island Club Manor which will serve the N Adjacent Property, including telephone, cable, gas, and any other utilities, shall be at a location w mutually agreed among Grantee. the Association, and the utility company providing service. cis S. Agreement to Run With the Properties. This Easement Agreement shall run with the tv CO properties of the panics described herein and shall bind their heirs, successors, and assigns v forever. Novvithstanding the conveyance of Island Club Manor by Grantor to a third party, ner Appraisal & Research, Inc. 7965 including the Associalion, Grantee shall be obligated to pay its Fair share of the maintenance of Island Club Manor as described herein. 9. Agreement to Be Recorded. This Easement Agreement shall be recorded in the Public Records of Indian River County, Florida. 10. Attorney's Fees and Costs, In the event of any litigation between the parties relating to this Easement Agreement. the prevailing party shall be entitled to reasonable attorncys' fees and costs incurred. IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year first written above. WITNESSES: fa ve rd J07L. S C 'Psi i k A i 1f WA 004 _ Y sA,4 i;1q y�4�— Tuttle-Armfield-Waaner "GRANTOR" BEAZER HOMES CORP., a Tenne rad By. Pm��rtd Tit c: Pr [�. .P.rtlS AJ4:$ e- f7?-.rfj4! r "GRAN -TEE" SANSHO TRADING COMPANY, LTD., a Japanese corporation By: n� Print Name aAdTitle: 1 AO MAIIL DD Y f VES_ 1 b1- • �. f�,c.,Y�tn.,z -OJiD , SHIGERU TAKANAGA, a Upanese citizen , Inc. 0 �u N U) b ry co N 7V66 NOBUYUKI OHORI, a Japanese citizen oe Y / HiSAO MATSUDO, a Japanese citizen STATE OF FLORIDA COUNTY OF si:mma E The foregoing instrument was acknowledged before me this tt day of Junc, 2003, by David C. Byrnes ,Division President-.: ,{title) of BEAZER HOMES CORP., a Tennessee corporation, on behalroflhe corporation. He � j is personally known to me or ( j has produced (type of identification) as identification, Sigrt: PrinkJa a .l. a 3wmE.s.ay t\ IARYPUBLIC Wcniwritt"i 035i EMS STATE OF FLORIDA tbwnb W 4 2004 aase.utror�rMo.y,a Mc My commission expires: STATE OF FIIORIDA COUNTY OF ST. LUCIE ThefhVing instrument was acknowledged berore me this day of June, 2003, by (title) of SANSHO TRADIRG- COMPANY, LTD., a Japaneseorpora on behalf of the corporation. He [ j is personally known to me or [ ]has produc n, (type of identification) as identification. 7uttle-Armfield- gner Appraisal & Research, Inc. Sign 7967 NOTARY! PUBLIC STATE OF FLORIDA My commission expires: maw W-70 W MMMAt' "26 an The foregoing instrument was acknowledged before me this day of June, 2003, by SHIGFRU TAKANAGA, a Japanese citizen. He [ ] is personalty known to me or Btj has produced __ Passport * * * * (type of identification) as identification. Sign:— Sara ign:_Sara Farinelli Print: ConStLar ASS9CI�LC My commission expires: 1 NDEFl0lQi . G__ f r ATe a a I S: The foregoing instrument was acknowledged before me this �ay otJune, 2003, by NOBUYUKI OHORI. a Japanese citizen. He i ) is personally known to me ort ] has produced Passport * + ; * (type of identification) as identification. Sign: I� / l Print: Farinelli nsular :Associate lNDEE7lifTESTATE OF FI;ORIB* My commission expires: _:' , C• SS ���� as aMrapitoa3� . . The foregoing instrument was acxriut-•IcdSed before me this day An,, 2003, by HISAO MATSUDO. a Japanese citizen. ' He 1.1 is personally known to me or* ] has produced Passport * + (t)pc of identification) as iden2tification. Q Sign: Sara Farinelli Print: Collar associate r • -STATE Of Fl OR119 i My commission expires: . ORM .rrcrsa�s INDEFINITE 6 er Appraisal & Research, Inc. 7968 r JAPAN CITY OF TOKYO zmmsY OF TH! UNITED sum of AMEAIcA ) Sara FarincUi Eefore mo, Consular Xmriate , consul of the United States of America at Tokyo, Japan, duly cos:missionsd and qualified, personally appeared t * : Hisao 14ATSOW • who, being duly sworn, deposes and says: I That he/4W is the President of SANSHO TRADING COMPANY, LTD_, -- ---- and that the foregoing instrument was signed In behalf of said corporation by authority of its board of directors and that said officer acknowledged said iastrumont to be the free act and dead of said corporation. IN WITNESS WHEREOF I have horaunto sot my hand and official seal this day of JUN 2 6 10t3 , A.D . conpul"of the United States of America at Tokyo, Japan, duly d, codgkissioneand qualified ner Appraisal & Research, Inc. 7969 C C Exhibit 'A": DESCRIPTION AS PROVIQF71 Parcel A: The South two hundred eighty --four and two—tenths (264.2) feet of Government Lot Ten (10) in Section Twenty—six (26), Township Thirty—one (31) South, Range Thirty—nine (39) East, and also, all of the South four hundred thirty (430) feet of Government Lot Eleven (11), in Section Twenty—six (26), Township Thirty—ane (31) South, Range Thirty—Mine (39) East, all situated in Indian River County, Florida, excepting from the lands In Lot Eleven (11) 66/10D of an acre in the northwest comer described as follows: Beginning at a stake on the line between Government Lots Ten (10) and Eleven (11) two hundred eighty --four and two—tenths (284.2) feet North of the South line of sold Section Twenty—six (26), thence run East one hundred ninety—six (196) feet; thence run North one hundred forty—five and eight—tenths (145.6) feet; thence run West one hundred ninety --six (196) feet to the West line of said Lot Eleven (11), thence run South one hundred forty—five and eight—tenths (145.8) feet to the POINT OF BEGINNING (said exception being included in Parcel B hereinafter described). Also excapUng from said Parcel A the following described land, to—wit: 13eginntng at a stake on the East edge of the Indian River two hundred eighty—four and two—tenths (284.2) feet North of the South line of raid Section Twenty—six (26), thence run East two hundred fifty (250) feet to a stake; thence run South one hundred (100) feet; thence run 'Nest two hundred twenty—one and two—tenths (221.2) feet to a stake an the East edge of the Indian River, thence run North with the East edge of the Indian River to the POINT OF BEGINNING, in Indian River County, Florida, Parcel B: Beginning at a stake two hundred eighty—four and taro—tenths (284.2) feet North of the South line of Section Twenty—six (26), Township thirty—one (31) South, Range Thirty—nine (39) East, and on the line between Government Late Ten (10) and Eleven (11), thence run East ons hundred ninety—six (196) feet to a stake; thence run North two hundred ten (210) feet to an iron pipe; thence run west three hundred forty (340) feet to a slake; thence run South one hundred ten and six—tenths (1`10.6) feet to a stake; thence run South eighty—eight (88) degrees, thirty (30) minutes West one hundred thirty—five and eight—tenths (135.8) feet to a stake; then run South ninety--sive» and tar huraredt!+ (97,42) fc n ton =W1CG :n ll,e i �o,th line of Parcel A; thence run East two hundred seventy—nine and eight—tenths (279.8) feet to the POINT OF BEGiNNING, in Indian River County, Florida LESS do EXCEPT: that parcel described in Quit—clam Deed's recnrded -n Official Recora BOOK 1142, Page 1415 and Official Record Book 1142, Page 1413, Public Records of Indian River, County, Florida. SUBJECT TO right—of—way far Jungle Trail. GROSS SCUARE FEET w 849.704 S,^..FT (19.51 ACRES) :SET S4UPFE FEFi = 842,130.00 (19.33 ACRES) gner Appraisal & Research, Inc. 7070 971 AN APPRAISAL REPORT OF THE 19.6- ACRES OF VACANT LAND LOCATED EAST OF JUNGLE TRAIL AND NORTH OF THE ISLAND CLUB OF VERO BEACH SUBDIVISON, AKA 1350 ISLAND CLUB MANOR VERO BEACH, FL. 32963 BOYLE & DRAKE FILE #202503370 PREPARED FOR MS. WENDY SWINDELL, ASSISTANT DIRECTOR PARKS & CONSERVATION 1590 9TH STREET SW VERO BEACH, FL. 32962 CLIENT REFERENCE: JUNGLE TRAIL ISLAND CLUB MANOR PROJECT DATE OF VALUE: MAY 6, 2025 PREPARED BY BOYLE & DRAKE, INC. 80 ROYAL PALM POINTE, SUITE 401 VERO BEACH, FL 32960 772-778-7577 PREPARED: JUNE 3, 2025 972 Stephen M. Boyle, MAI State -Certified General Real Estate Appraiser RZ3470 June 3, 2025 Boyle & Drake, Inc. Real Estate Appraisers and Consultants 80 Royal Palm Pointe, Suite 401 Vero Beach, F132960 Telephone: (772) 778-7577 InfoalBovledrake.com Ms. Wendy Swindell, Assistant Director Parks & Conservation 1590 9th Street SW Vero Beach, Fl. 32962 Re: Jungle Trail Island Club Manor Project Dear Ms. Swindell: Stephen J. Boyle, MAI State -Certified General Real Estate Appraiser RZ699 As requested, we have completed our appraisal of the 19.6 -acres of vacant land located at 1350 Island Club Manor, Vero Beach, Fl. 32963. We will identify and describe the subject land in the accompanying appraisal report consisting of 83 pages, including the addenda, of which we hereby make this letter a part of and incorporate therein. The purpose of this investigation and analysis was to estimate the Market Value of the Fee Simple Estate of the underlying land as described in the following Appraisal Report. The client and intended user of this Appraisal Report is the Indian River County Board of County Commissioners Department of Parks, Recreation & Conservation. The intended use is to determine the market value for a possible acquisition of the property. We prepared this appraisal report in accordance with our understanding of the scope of work and the appraisal requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), and the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. Based on our investigation and analysis of the information obtained therefrom, as well as our knowledge of real estate valuation procedures, it is our opinion that the following represents the Market Value for the subject land: ESTIMATED FEE SIMPLE MARKET VALUE OF THE UNDERLYING 19.6 -ACRES OF LAND DESCRIBED HEREIN (FIVE MILLION DOLLARS) $5,000,000 973 Boyle & Drake, Inc. Ms. Wendy Swindell, Assistant Director Parks & Conservation June 3, 2025 Page ii The foregoing opinion of value is subject to the Limiting Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions, if any, and the Certification of Appraisal as set forth herein and any reader must use the foregoing value only in connection with the entire appraisal report. The fee simple value is for the underlying land only and does not include any personal property, FF&E, and/or any intangible business value or goodwill. We direct your attention to the limiting conditions and underlying assumptions upon which the value conclusions are contingent. An Executive Summary has been included for your convenience. Respectfully submitted, BOYLE & DRAKE, INC. Stephen M. Boyle, MAI John B. Thompson State -Certified General State -Certified General Real Estate Appraiser RZ3470 Real Estate Appraiser RZ2891 974 Boyle & Drake, Inc. SUMMARY OF SALIENT FACTS AND CONCLUSIONS Client : Indian River County Board of County Commissioners Department of Parks, Recreation & Conservation Intended User : Indian River County Board of County Commissioners Department of Parks, Recreation & Conservation Intended Use : To determine the market value for possible aqisition Purpose of Appraisal . Estimate Market Value of the fee simple estate. Interest Appraised : Fee Simple Client Reference : Jungle Trail Island Club Manor Project Date of Value . May 6, 2025 Report Date June 3, 2025 Property Owner Island Manor Development LLC Address/Location 1350 Island Club Manor, Vero Beach, Fl. 32963 Municipality Unincorporated Indian River County, Florida Tax Parcel I.D. 31-39-26-00000-0100-00008/0 Zip Code 32963 Property Type/Current Use : Vacant land [disturbed not native] Use as Valued : As vacant — unimproved land [No improvements] Highest and Best Use Single family residential subdivision development. Site Area 19.6 acres Zoning : RS -3, Single Family Residential [3-units/acre] Land Use Designation : L-2 Residential 6-units/acre Flood Zone : Zone AE -6 Map 12061 CO232J Date 1-26-23 iii 975 Boyle & Drake, Inc. VALUE INDICATIONS: Cost Approach : N/A Income Approach : N/A Sales Comparison Approach : $5,000,000 Final Value Conclusion : $5,000,000 976 Boyle & Drake, Inc. TABLE OF CONTENTS Page No. v Letterof Transmittal............................................................................................................. i Summary of Salient Facts and Conclusions........................................................................ iii Tableof Contents................................................................................................................. v LocationMap...................................................................................................................- 7 - Type of Appraisal Report Option................................................................................. - 10 - Client 10 - Intended Use of the Appraisal Report .......................................................................... - 10 - Intended User(s) of the Appraisal Report ..................................................................... - 10 - Purpose of the Appraisal............................................................................................... - 10 - Real Property Interest Appraised.................................................................................. - 10 - Definition of Market Value.......................................................................................... - 11 - Owner of Record/Sales History.................................................................................... - 11 - LegalDescription......................................................................................................... - 12 - Easements, Encroachments, and Deed Restrictions...................................................... - 13 - Scopeof Work.............................................................................................................. - 15 - MarketArea Discussion............................................................................................... - 16 - MarketArea Access....................................................................................................... - 17 - Residential Development............................................................................................... - 17 - CommercialDevelopment.............................................................................................. 18 - Demographic Information..............................................................................................- 18 - Market Area Conclusion 21- Property/Site Description............................................................................................. - 22 - Location........................................................................................................................... 22 - Size.................................................................................................................................. 22 - SoilsMap........................................................................................................................- 23 - WetlandsMap................................................................................................................. 24 - FloodMap....................................................................................................................... 25 - Zoning............................................................................................................................. - 26- Access/Visibility ............................................................................................................- 26 - Utilities - Site Environmental Considerations................................................................................ - 27 - AdjacentProperties......................................................................................................... 27 - AdValorem Taxes......................................................................................................... - 27 - Highest& Best Use...................................................................................................... - 28 - Highest and Best Use - Conclusion 30 - Valuation...................................................................................................................... - 31 - ValueConclusion...........................................................................................................- 41 - Certification Stephen M. Boyle.................................................................................... - 42 - Certification - John B. Thompson................................................................................ - 44- 4 - v 977 Boyle & Drake, Inc. General Assumptions and Limiting Conditions........................................................... - 45 - Addenda Subject's Access Easement Agreement Deeds for individual Sales Appraiser Qualifications vi 978 Boyle & Drake, Inc. Winter Beach LOCATION MAPS Wabasso Beach creta n Foraster SUBJECT ® PROPERTY Indian River Shores 1,000 m J >,000 ft -� 979 t i1 • `v► Forester two,w • Hammock 4 Preserve +► s per. • '. 3 1' "ri, I51� club Mnr. ! 7"47t �, it .�>1.. br i' .� � (M►r .: 'y• '�► � ` :� �*°` WIN A _v "� •. ...emsrr�k.sv w � \t v 1 ., 1. ♦ i y r i^ V p, �,sa Rive< '-is. �e►�7a�.. 41 01 .� � �w•y��r aka . Boyle & Drake, Inc. AERIAL OVERVIEW Source: Indian River County Property Appraiser Aerial Imagery 981 Boyle & Drake, Inc. Report Option: This is an Appraisal Report that complies with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2024 Edition). Client: The client of this assignment is the Indian River County Board of County Commissioners Department of Parks, Recreation & Conservation. Intended Use of Report: The intended use of this report is to determine the market value for possible acquisition of the subject property. Intended User of Report: This report has been prepared for the exclusive use of the Indian River County Board of County Commissioners Department of Parks, Recreation & Conservation. Any party receiving a copy of this report from our client, or from any other source, does not become a party to the appraiser -client relationship and does not become an intended user of this report. Purpose of Appraisal: The purpose of this appraisal was to estimate the Market Value of the subject's fee simple estate. Real Property Interest Appraised: Fee Simple Estate, defined as the "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022). Effective Date of Value: The effective date of value was May 6, 2025, the day of the property visit. Report Date: June 3, 2025, the date the report was completed and transmitted to the client. _10- 982 Boyle & Drake, Inc. Market Value Definition: According to the Supplemental Appraisal Standards for the Board of Trustees, Division of State Lands, Bureau of Appraisal Florida Department of Environmental Protection, unless otherwise stated in the appraisal assignment, an opinion of market value is required. When market value is the value being appraised, the appraisal shall use the following definition of market value: ' "The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of the title from seller to buyer under conditions: Buyer and seller are typically motivated; Both parties are well informed or well advised, and acting in what they consider their own best interests; A reasonable time is allowed for exposure in the open market; Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Reasonable Exposure Timer 9 — 12 months. Owner of Record/Property History The owner or record is Island Manor Development LLC, a Florida limited liability company. Island Manor Development LLC purchased the property from Premier Citrus LLC, for $4,500,000. The conveying Warranty Deed was acknowledged on April 1, 2022, and was recorded in Official Records Book 3528, Page 64 of the Public Records of Indian River County, Fl. on April 5, 2022. ' Supplemental Appraisal Standards for the Board of Trustees, Division of State Lands, Bureau of Appraisal Florida Department of Environmental Protection, March 2, 2016. 2 Exposure Time: "an opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of value." [USPAP 2024 Edition] -11- 983 Boyle & Drake, Inc. We confirmed the purchase price with both the Grantor [Tom Jerkins] and the Grantee [Alan Wilkinson]. Premier Citrus, who owned the property of some twenty-two (22) years, began marketing the property in mid -2019 with an asking price of $4,000,000. The $500,000 premium over the asking price reflects the buyer's motivation to acquire the property. Mr. Wilkinson [Manager for Island Manor Development LLC] advised that he purchased the property with the A-1 zoning with the intent of developing it with a very low-density [7 -lot] planned development. Based on our value conclusion of $5,000,000, the 2022 purchase price appears market oriented. Research into the applicable public records, private data sources and an interview with the current owner revealed that the subject property is not under current agreement or option and is not offered for sale on the open market. Additionally, according to these sources, other than the April 2022 conveyance, the subject property has not been transferred during the past five years. Premier Citrus LLC purchased the property in December of 2003 for $1,900,000 from Sansho Trading Co., LTD, a Japanese corporation, et. al. Legal Description: We obtained the following legal description from the Warranty Deed dated April 5, 2022, recorded in Official Records Book 3528 Page 64 of the public records of Indian River County. [A copy of said deed can be found in the addenda] - 12 - 984 Boyle & Drake, Inc. PARCEL A: The South 284.2 feet of Government Lot 10, Section 26, Township 31 South, Range 39 East, and also, all of the South 430 feet of Government Lot 11, Section 26, Township 31 South, Range 39 East, all situated in Indian River County, Florida, excepting from the lands in Lot 11 661100 of an acre in the Northwest corner described as follows: Beginning at a stake on the line between Government Lots 10 and 11, 284.2 feet North of the South line of said Section 26; thence run East 196 feet; thence run North 145.8; thence run West 196 feet to the West line of said Lot 11; thence run South 145.8 feet to the point of beginning. (Said exception being included in Parcel B hereinafter described.) Also excepting from said Parcel A the following described land, to -wit: Beginning at a stake on the East edge of the Indian River 284.2 feet North of the South line of said Section 26; thence run East 250 feet to a stake; thence run South 100 feet; thence run West 221.2 feet to a stake on the East edge of the Indian River; thence run North with the East edge of the Indian River to the Point of Beginning, in Indian River County, Florida. PARCEL B: Beginning at a stake 284.2 feet North of the South line of Section 26, Township 31 South, Range 39 East, and on the line between Government Lots 10 and 11; thence run East 196 feet to a stake; thence run North 210 feet to an iron pipe; thence run West 340 feet to a stake; thence run South 110.6 feet to a stake; thence run South 88°30' West 135.8 feet to a stake; thence run South 97.2 feet to a stake in the North line of Parcel A; thence run East 279.8 feet to the point of beginning, in Indian River County, Florida. LESS & EXCEPT that Parcel described in Quit Claim Deeds recorded in 0. R. Book 1142, Page 1415 and 0. R. Book 1142, Page 14I3, public records of Indian River County, Florida. TOGETHER WITH all right, title and interest of the owners of the above described property in and to that certain Easement Agreement dated June 12, 2003 and recorded in Official Record Book 1623, Page 2869, public records of Indian River County, Florida. Parcel Identification Number: 31392600000010000008.0 We were not provided with a title policy or survey. Accordingly, we are assuming the recorded legal description is accurate. Easements, Encroachments, and Deed Restrictions: We were not provided with a survey or title commitment; accordingly, other than apparent easements for public utility services, we are assuming there are no adverse easements or encroachments affecting the subject property. This said, the aforesaid legal description contains the following language, viz.: TOGETHER WITH all right, title and interest of the owners of the above described property in and to that certain Easement Agreement dated June 12, 2003 and recorded in Official Record Book 1623, Page 2869, public records of Indian River County, Florida. The referenced easement, a copy of which can be found in the addenda, granted the owners and their successors of the subject property a right-of-way for ingress and egress over and -13- 985 Boyle & Drake, Inc. across Island Club Manor, a 60' wide private street that facilitates access to Island Club of Vero Beach and Island Club Riverside. For this assignment, we are assuming the Easement Agreement remains in full force and effect. -14- 986 Boyle & Drake, Inc. Scone of Work: In addressing the scope of work, we have identified the client, the intended use and the intended user(s), the interest or estate being valued, and the appropriate market value definition. The appraisal problem we are to solve is the credible determination of the Fee Simple market value of the subject's underlying land, to assist our client in determining a value for possible acquisition. The three recognized valuation approaches are the cost approach, sales comparison approach, and income approach. The best indicator of market value is the approach or approaches that market participants rely upon. In the case of vacant land, the sales comparison approach utilizing unimproved or vacant land sales with similar zoning and highest and best use characteristics is the only approach required for producing credible assignment results. While an income approach via the application of a residual or development approach is sometimes used in subdivision valuations, we do not consider such an approach applicable for this assignment. SOURCES OF INFORMATION USED Site Area Indian River County Property Appraiser's information. Zoning Indian River County Utilities Indian River County Flood Zone FEMA on-line information Demographics CCIM Site -to-do Business Esri Business Analyst Online Comparable Information We reviewed the Indian River County Property Appraiser's sales records, researched Co -Star, CREXI, and MLS data. On May 6, 2025, Mr. Thompson visited the subject property. Stephen M. Boyle, MAI, also viewed the property. Because of our client's knowledge of the economic conditions and market characteristics affecting the County, including the subject's immediate area, we have abbreviated some discussions related to the market area. We advise any reader of this appraisal report that we provide additional Scope of Work comments throughout the following text. -15- 987 Boyle & Drake, Inc. Relevant Market Area Factors: Market Area is defined as 3"The geographic region from which a majority of demand comes and in which the majority of competition is located." We consider the subject's overall market area to be that portion of Orchid Island lying north of St. Lucie County to the Sebastian Inlet. This area has several sub -sections such as the Moorings area, the City of Vero Beach, the Town of Indian River Shores, the Town of Orchid, and the unincorporated areas including Orchid Island Golf and Beach Club as well as the private community of Windsor. This area extends approximately 22 miles north to south and is bound on the east by the Atlantic Ocean and on the west by the Indian River Lagoon. The subject property is on the east side of Jungle Trail approximately 1 -mile south of C. R. 510 [Wabasso Beach Road]. 3 The Dictionary of Real Estate Appraisal, 71 ed. (Chicago: Appraisal Institute, 2022) -16- 988 t Micco SUBJECT River ?-r1 5;ate Fark Sebastia PROPERTY smere �[ ®§g Indian River ff. a 3 Vero Beach Rf:gio at Airpor! EAS Vero Bea South l Florida Ridge , , Lakewood Park\ 3 The Dictionary of Real Estate Appraisal, 71 ed. (Chicago: Appraisal Institute, 2022) -16- 988 Boyle & Drake, Inc. Access Since the defined market area is located on a barrier island, access is limited to three fixed span bridges. The two bridges that serve the Vero Beach area are the Merrill Barber Bridge and the 17' Street Causeway [Alma Lee Loy] Bridge. The Wabasso Bridge (Wabasso Causeway/County Road 510) provides access to the Northern section of the area. Additionally, State Road A -1-A provides access from the north and south via Melbourne and Fort Pierce, respectively. State Road A -1-A is the only north/south arterial serving the barrier island. Jungle Trail is a narrow unpaved roadway that parallels the Indian River Lagoon south of C.R.-510 to its intersection with Old Winter Beach Road approximately 1.4 -miles south of the subject property is listed on the National Register of Historic Places. Because of this historic classification and environmental concerns along the estuary, the county places limitations on private property accessing Jungle Trail. As mentioned, legal and physical access to the subject is via a deeded easement sharing a roadway with the Island Club Subdivision that is contiguous to the subject. Overall market area access is typical for the barrier island. We consider access to the subject property good. Residential Uses There is a mixture of single and multi -family residential developments, many of which are private with 24-hour gated security. The main sections are the central beach area of Orchid Island within the City of Vero Beach, the Town of Indian River Shores encompassing all that land area between the Atlantic Ocean and the Indian River Lagoon extending approximately four miles north from the city limits. The unincorporated area of Orchid Island extends north from Indian River Shores to the Indian River/Brevard County lines at the Sebastian Inlet. There is also the Town of Orchid that lies north of County Road 510 (Wabasso Road) and mostly west of Jungle Trail and extending north approximately one and a half miles. Most subdivisions/developments are built/sold out and because of the limited availability of vacant land remaining on the barrier island there is limited opportunity for development of new residential products on the island, thus the apparent demand for the subject property. The most recently developed residential subdivision in the area is the Seaglass PD located in the southwest quadrant of A -1-A and County Road 510. This 26 -acre parcel, purchased in 2019 for $6,900,000 [$265,385 per acre] had been part of the Disney Resort property. -17- 989 Boyle & Drake, Inc. With construction beginning in 2023, Seaglass is an eighty -two -lot planned development offering residences ranging from $1,300,000 to $2,500,000, with a median price of $1,600,000. Commercial Uses Commercial development is limited at the north end of the market area with a deli/convenience store [Beach Bites] and real estate office at the C.R.-510/AlA intersection adjacent to the County owned Wabasso Beach Park. Just south of Wabasso Beach Park is Disney's Vero Beach Resort. The 14 acres± oceanfront development has roughly 1,400 feet of ocean frontage and contains a hotel, restaurant, villas, and residential condominium units. Approximately five miles south of C.R.-510 the Village Shops are in the Town of Indian River Shores. The Village Shops contain boutique clothing and home good stores, a restaurant, a banking facility, and professional office space. Due to the absence of commercial zoning in the Town of Indian River Shores and northward to the Indian River County line there is limited, if any, opportunity for future commercial development in the northern section of the market area. The City of Vero Beach comprises the central portion of the market area and contains most of the beachside tourist, hotel, retail, and office uses on the barrier island. Demographic Information: The following data obtained from ArcGIS Business Analyst [Esri] provides a comparison of the population and income data for selected areas. Again, the 32963 -zip code area comprises the overall market area for the subject property as depicted on the following page. After the 32963 map, we show a map encompassing approximately 8.4 -miles that best represents the subject's immediate area of influence, bordered by Fred Turk Drive in Indian River Shores to the south and the Windsor Development to the north. -18- 990 Boyle & Drake, Inc. 32963 ZILP CODE AREA -|9- Boyle & Drake, Inc. Immediate Area of Influence Sebastian Wind OrchS �i to t� �E. `s r \Indian RtvFr 1 Shores 't Gifford Vero Beach Regional Airport:,, e. -20- 992 Boyle & Drake, Inc. In the above we observe the income levels of the barrier island as shown under the 32963 - zip code and the Town of Indian River Shores. With a median household income 253% of the national median household income and 268% of the State's, these areas have a well above average propensity for discretionary spending. Moreover, many of the residents are retirees and the reported income is "mailbox" income from financial investments as compared to wages. As such, the buying power of the residential base likely exceeds what the demographics indicate. Conclusion: We can best summarize the Market Area Analysis by referring to market area or neighborhood life cycles. Neighborhoods are perceived to go through four cycles, the first being growth, the second being stability, the third decline, and the fourth revitalization. Based on several indices (home prices, sales tax receipts, and an increase in the ad -valorem base) it is our opinion that the subject's market area remains in a period of revitalization with a strong demand across most market segments. -21- 993 COMPARISON OF 2024 HOUSEHOLD INCOMES POPULATION COMPARISON Selected Locations Selected Areas National Florida Indian River County 32963 tip Immediate Code Area Indian River Shores 2010 18,801,310 138,028 14,911 5,221 3,878 2020 21,538,187 159,788 16,291 5,985 4,241 2024 22,779,514 170,714 16,953 6,377 4,503 2029 23,862,875 179,772 17,565 6,722 4,659 Median 100% ANNUAL GROWTH RATE 252.9% 252.9% 2010-20 1.46% 1.58% 0.93% 1.46% 0.94% 2020-24 1.44% 1.71% 1 1.02% 1.64% 1.54% 2024-29 0.95% 1.06% 0.72% 1.08% 0.69% Source: FBri Business Analyst Online In the above we observe the income levels of the barrier island as shown under the 32963 - zip code and the Town of Indian River Shores. With a median household income 253% of the national median household income and 268% of the State's, these areas have a well above average propensity for discretionary spending. Moreover, many of the residents are retirees and the reported income is "mailbox" income from financial investments as compared to wages. As such, the buying power of the residential base likely exceeds what the demographics indicate. Conclusion: We can best summarize the Market Area Analysis by referring to market area or neighborhood life cycles. Neighborhoods are perceived to go through four cycles, the first being growth, the second being stability, the third decline, and the fourth revitalization. Based on several indices (home prices, sales tax receipts, and an increase in the ad -valorem base) it is our opinion that the subject's market area remains in a period of revitalization with a strong demand across most market segments. -21- 993 COMPARISON OF 2024 HOUSEHOLD INCOMES Selected Locations National Indian River Florida County 32963 Zip Code Immediate Area Indian River Shores Mean $113,185 $105,305 $114,324 $243,047 $257,080 $266,301 Median $ 79,068 $74,715 $73,911 $177,499 $200,001 $200,001 Household Incomes as a percentage of National Incomes National Indian River 32963 tip Florida County Code Indian River Cityof Vero Shores Beach Mean 1000/0 93.0% 101.00/0 214.7% 227.1% 235.3% Median 100% 94.5% 93.5% 224.5% 252.9% 252.9% Source: Ferri Business Analyst Online In the above we observe the income levels of the barrier island as shown under the 32963 - zip code and the Town of Indian River Shores. With a median household income 253% of the national median household income and 268% of the State's, these areas have a well above average propensity for discretionary spending. Moreover, many of the residents are retirees and the reported income is "mailbox" income from financial investments as compared to wages. As such, the buying power of the residential base likely exceeds what the demographics indicate. Conclusion: We can best summarize the Market Area Analysis by referring to market area or neighborhood life cycles. Neighborhoods are perceived to go through four cycles, the first being growth, the second being stability, the third decline, and the fourth revitalization. Based on several indices (home prices, sales tax receipts, and an increase in the ad -valorem base) it is our opinion that the subject's market area remains in a period of revitalization with a strong demand across most market segments. -21- 993 Boyle & Drake, Inc. Property Data: Exhibit extracted from the Jungle Trail Island Manor Property Indian River County Environmental Bond Report prepared by Water & Air Research, Inc. 6821 Southwest Archer Road Gainesville, Florida 32608. Location: The property is in eastern Indian River County on Tax Parcel # 31392600000010000008.0. The west boundary of the property lies along approximately 190 feet east of the east bank of the Indian River/Intercoastal Waterway. Jungle Trail Road runs along the west boundary. The western portion of the northern boundary is adjacent to largely undeveloped land and the remaining portion of the north border, and all the eastern boundaries abut Captain Forster Hammock Preserve Conservation Area. The southern boundary is bound by a residential development, Island Club Manor. Size: The property is an approximately 19.36 -acre irregular shaped rectangle approximately 426.4 feet from north to south and is approximately 2,132 feet in width. There is a small 0.12 -acre disjunct associated polygon west of Jungle Trail along the Indian River Lagoon. -22- 994 Boyle & Drake, Inc. SOILS MAP C Map Unit Legend ------------ Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 1 Canaveral fine sand, 0 to 5 percent slopes 61.0 11.2 26.9% 4.9% 7 Palm Beach sand, 0 to 8 percent slopes 18 Captive fine sand, frequently ponded, 0 to 1 percent slopes 129.4 57.0% 35 Mckee mucky clay loam 0.6 0.3°x6 99 Water 4 2.2% ,. Waters of the Atlantic Ocean 19.5 _A ryi A i°1 226.8 100.0% ®.% # as All a t ' 44* - T 106 � � / ! ii '� e. �°• S f.i � �" � �!+` �� q ■�,. {yam. 9' Ot lip, Jr t4 rr 1 C Map Unit Legend ------------ Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 1 Canaveral fine sand, 0 to 5 percent slopes 61.0 11.2 26.9% 4.9% 7 Palm Beach sand, 0 to 8 percent slopes 18 Captive fine sand, frequently ponded, 0 to 1 percent slopes 129.4 57.0% 35 Mckee mucky clay loam 0.6 0.3°x6 99 Water 5.1 2.2% 100 Waters of the Atlantic Ocean 19.5 8.6% Totals for Area of Interest 226.8 100.0% The Soils Map shows the subject is comprised of the same soil types as exist for the adjoining subdivision, thus implying the subject's soil types will support development. -23- 995 Boyle & Drake, Inc. J181921rtliaiRNerCuw{y�ppz[.8U'L`Rw&a Mswsma'.ISWnGe T�iilsazp Flpures9ept F2%fpurts�248442�vpeitilk6MFp��e B.mN, AA2C211C.3J:8AM Exhibit extracted from the Jungle Trail Island Manor Property Indian River County Enviromnental Bond Report. Again, referencing the Jungle Trail Island Manor Property - Environmental Bond Report prepared by Water & Air Research, Inc., the above exhibit shows the presence of wetlands primarily along the easterly and northern portions of the site. The Report stated that "The NWI map identified 3.3 acres of wetlands, 17 percent of the site, and only freshwater forested/shrub wetland was documented." -24- 996 Boyle & Drake, Inc. FEMA Flood Zones for Indian River County, Florida r—= Munlclpal Boundanes =1 Zone AE 1?d.SU Coastal Bartier Resources System(CBRS)Areas M Zone AE: Flood" 0 0114 Ong O.1Bmi. �`— COASTALBARRIER RESOURCES SYSTEM = Zone AO 0 0.05 4 0.1 O3 km OTHERWISE PFiOTECTEDAREA ki--; Zein VE: Coastal Floodplain IRCGIS, IRCPA FEMA (eBR0N), FEMA, 12114 ., pmt of Moderate Wave Action (LM WA) I ZOrti }� 0.2 PCTAnnual Chance FIaOtl Huard RCPA, FEMAl rAQ077 Base Flood Elevation Line ZtidoX Area of Minimal Flood Hazard FEMA Speclal Flood Huard Areas ODed Wafer Zone p FEMA,7013 -25- 997 Boyle & Drake, Inc. Access: As previously mentioned, legal and physical access to the subject is via a deeded easement sharing a roadway with the Island Club Subdivision that is contiguous to the subject. The easement facilitates ingress and egress from Highway A -1-A to the subject property, as depicted in the following exhibit. Zoning The subject land is zoned RS -3, Single Family Residential [3-units/acre], with a land use designation of L-2 permitting up to 6 -units per acre. According to April 23, 2024, Board of County Commissioners board minutes, a representative of the developer noted the developer was requesting a lower density zoning of RS -3 instead of the maximum RS -6 density allowable under the property's L-2 land use designation. Access/Visibility: Site visibility is marginal from Jungle Trail, but good from Island Club Manor. Access is typical for A -1-A oriented properties. Utilities: Services to the Site Telephone Public Provider Various sources such as Private Z AT&T* -Electricity FP&L* Water Z Indian River County Utilities ❑ Well Sewer Z Indian River CountyUtilities ❑ Septic * Private companies regulated by the Fl. Public Service Commission. -26- 998 Boyle & Drake, Inc. Environmental Considerations: Referencing the Jungle Trail Island Manor Property - Environmental Bond Report prepared by Water & Air Research, Inc., section 7.3 Hazardous Materials states: "There are no hazardous waste sites reported on the property from two online sources provided by the Florida Department Environmental Protection Division of Waste Management." Accordingly, absent information to the contrary, we are assuming that the site is free and clear of any environmental contamination or degradation resulting from any source or past use. We observed the presence of a "flow well" in the southwesterly most portion of the site, but could not ascertain if it remains functional. Adiacent Properties: The 110 -acre Captain Forester Hammock Preserve is located to the north and east of the subject property. This parcel is owned by the State of Florida and managed by Indian River County since 1994. Captain Frank Forster, the Preserve's namesake, immigrated to Florida in the late 10 -century and settled this part of Orchid Island to begin farming citrus and vegetables along the Historic Jungle Trail. The Preserve is located one mile south of County Road 510 on the Historic Jungle Trail and contains six distinct natural communities including mature maritime hammock, hydric hammock, depression marsh, tidal mangrove swamp, and coastal strand. The largest natural community within the conservation area is maritime hammock, which encompasses approximately 68% of the site and is one of the last remaining mature maritime hammocks in the county. The Island Club Subdivision and Island Club Riverside subdivision are adjacent to the subject's southerly boundary. The Island Club development encompasses approximately ninety-three acres extending from Jungle Trail to A -1-A. Ad Valorem Assessment & Real Estate Taxes: PROPERTY ASSESSMENT/TAX SUMMARY 2025* Just Market Taxable Non Ad Total R/E Parcel I.D. RB Taxes Value Value Valorem Taxes 31-39-26-00000-0100-00008/0 $3,836,798 $3,836,798 $54,651.35 $ - $54,651.35 *Property Appraisal Information Card The Gross Value is reported at $4,606,000 or $235,000 per acre. This amount is adjusted by a factor of .98 before the property apprasiser applies a .85 adjustment factor to calculate the "just market value" of $3,836,798. -27- 999 Boyle & Drake, Inc. Highest and Best Use "The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity."' Comment: The concept of highest and best use relates to what is done physically with real estate, and physical land use should not be confused with the motivation of owners or users, viz., conservation and preservation are not uses of land. Rather, they are the motivations of individuals or groups for acquiring certain properties. Highest and Best Use as Though Vacant: Legally Permissible Legally permitted uses are controlled by local zoning ordinances. The land is zoned RS -3, Single Family Residential [3-units/acre] with a low density residential future land use classification of L-2 [6-units/acre. In the rezoning application from the former "A-1" Agriculture Zoning with a density of 1 - unit per five (5) acres, the developer requested a lower density zoning of RS -3 instead of the maximum RS -6 density that is allowable under the property's L-2 land use designation. Under the RS -3 zoning, the subjects 19.6 -acres could theoretically support fifty-eight (58) single-family units as opposed to one -hundred and seventeen (117) single-family units under the RS -6 zoning classification. The preliminary plat for the proposed Oak Hammock subdivision indicates a 20 -lot conventional subdivision. This equates to a residential density of just 1.02 -units per acre. Physically Possible As discussed earlier, the shape, size and soil conditions of the subject parcel are considered normal and capable of supporting development consistent with the allowable uses under the RS -3, Single Family Residential [3-units/acre]. The site is within an area designated as Flood Zone "AE," which will require flood insurance for any future residences unless the floor elevations are sufficiently elevated. Based on the adjoining Island Club residential developments, it is reasonable to presume that the soil conditions are suitable for residential development. a The Dictionary of Real Estate Appraisal 71 Edition (Chicago, Illinois: Appraisal Institute, 2022) -28- 1000 Boyle & Drake, Inc. Financially Feasible Considering that residential use is the only legally permitted use, single-family residential development is the only potentially feasible use. As mentioned, while under the RS -3 zoning, the subjects 19.6 -acres could theoretically support fifty-eight (58) single-family units, the preliminary plat for the proposed Oak Hammock subdivision indicates a 20 -lot conventional subdivision that equates to a residential density of just 1.02 -units per acre. Because of various development standards/requirements, very few, if any, developments realize the maximum allowable density, viz., 3- units per acre or 58 -lots. Typically, we observe densities in conventional subdivisions yielding 2.2 to 2.5 units per acre [for RS -3 zoning], which implies 43 to 49 lots. However, recognizing the unique characteristics of the subject, viz., the jungle trail ambiance, wrapped on two sides by the Captain Forester Hammock Preserve, as well as representing the last large developable parcel in the north beach area, it is reasonable to presume that the end development will most likely not maximize the allowable density but fall towards the lower end, say 2 -units per acre that yields approximately thirty-nine (39) to forty (40) lots or dwelling units. In our opinion, the proposed 20 -lot Hammock Oaks Subdivision will underutilize the subject's land area and will not represent the highest and best use of the land. Maximally Productive "The physically possible, legally permissible, and financially feasible use that results in the highest present value.", We concluded that the subject parcel satisfies the legally permissible and physically possible requirements, and that a well-planned single-family residential development would meet the financially feasible requirement. Accordingly, it is our opinion that development with an estate style single-family development would satisfy the criteria for maximum productivity. 5 Ibid -29- 1001 Boyle & Drake, Inc. Conclusion of Hip -hest and Best Use: Based on our foregoing, the maximally productive use and highest and best use of the subject parcel would be to develop the site with an estate style single-family subdivision. Most Probable Buyer: The most probable buyer of the subject parcel would have been an individual seeking a well -located site for a private single-family subdivision. -30- 1002 Boyle & Drake, Inc. Valuation As discussed earlier in the scope of work, for this analysis, the sales comparison approach utilizing vacant land sales is the only approach required to produce a credible value conclusion. Because the barrier island is essentially fully developed, there have been no recent sales of acreage parcels suitable for residential development. For this reason, it was necessary to use older sales than we would otherwise like to use. Notwithstanding the age of the sales, we opine that these older sales will provide more credibility than using recent mainland sales and attempting to adjust for locational differences. To derive a reasonable market condition or time adjustment, we reviewed MLS residential sales to see the appreciation in the median sales price for the central beach area. The following shows the market condition percentage adjustments to be applied in the sales analysis. We recognize that the percentage adjustments reflect increases in both land and building improvements. To estimate the amount attributable to the land, it is our opinion that a factor of two-thirds or approximately 66% of the total appreciation should be allocated to the land. 2025 2017 Increase %Inc. Sale %Applied LandAltocation Mean $1,745,944 $730,818 $1,015,126 139% 66%/Of Total Median $1,345,000 $620,250 $724,750 116.85% SALE 1 128% 85% 2025 2019 Mean $1,745,944 $717,258 $1,028,686 143% 66%/Of Total Median $1,345,000 $572,500 $772,500 135% SALE 2 139% 93% 2025 2022 Mean $1,745,944 $1,566,155 $179,790 11.48% SALE 5% 66%/Of Total Median $1,345,000 $1,435,000 ($90,000) -6.27% 3% We used the following three sales to estimate a reasonable and credible value for the subject. -31- 1003 MLS CENTRAL BEACH AREA NICOCEANFRONT 2017 2018 2019 2020 2021 2022 2023 2024 2025 Min $240,000 $280,000 $315,000 $358,000 $314,896 $650,000 $585,000 $625,000 $550,000 Max $2,325,000 $1,650,000 $1,850,000 $2,600,000 $2,925,000 $3,901,169 $5,475,000 $5,300,000 $8,200,000 Mean $730,818 $760,854 $717,258 $898,134 $1,081,556 $1,566,155 $1,479,392 $1,488,298 $1,745,944 Median $620,250 $645,000 $572,500 $785,000 $940,000 $1,435,000 $1,206,250 $1,192,500 $1,345,000 %INC. MEAN 4.11% -5.73% 25.22% 20.42% 44.81% -5.54% 0.60% 17.31% %INC. MEDIAN 3.99% -11.24% 37.12% 19.75% 52.66% -15.94% -1.14% 12.79% The following shows the market condition percentage adjustments to be applied in the sales analysis. We recognize that the percentage adjustments reflect increases in both land and building improvements. To estimate the amount attributable to the land, it is our opinion that a factor of two-thirds or approximately 66% of the total appreciation should be allocated to the land. 2025 2017 Increase %Inc. Sale %Applied LandAltocation Mean $1,745,944 $730,818 $1,015,126 139% 66%/Of Total Median $1,345,000 $620,250 $724,750 116.85% SALE 1 128% 85% 2025 2019 Mean $1,745,944 $717,258 $1,028,686 143% 66%/Of Total Median $1,345,000 $572,500 $772,500 135% SALE 2 139% 93% 2025 2022 Mean $1,745,944 $1,566,155 $179,790 11.48% SALE 5% 66%/Of Total Median $1,345,000 $1,435,000 ($90,000) -6.27% 3% We used the following three sales to estimate a reasonable and credible value for the subject. -31- 1003 :,a m .d{ i s. wvjj. a. Wa`uaba'so Beach o�Be'acliRd �c� w+park r *i� .twc► Beach "W �I% DI`sney.s Uero Beach Resort U'Ui 3 &.'� t it Dr {iJl�ilsittY11W9�', ,� \ x rko ✓G M�rd„ ( .'*AV Somerset L"•ii Sw ax 1 M SEY "A. .- .•5� � � �.•�ry >�A .. X45" � 2 C,aptan Forester � w Hamnlock N ff PreservC n , 'i.O'" , t�,rty,gra .. +►yM6 --isl na d Club•M C y� M".."_ • ,d. a n YIO�AY.,` 111 1 a - ! 6 safRlye`bY L.r Dr -.y �y 1N h l• +► J II �'�".� "`d ; • a = � x _ r� a <: . Chien` ," i •� - x itx�c��t�tllki Strand jovA�!'h JI lM1M M aa1t+..s W -N^w:w, Boyle & Drake, Inc. SALE ONE Property Type OR Book/Page Legal Description Location Municipality Parcel ID Access Grantor Grantee Zoning Future Land Use Property Rights Financing Sales Price Days on Market Gross Acres Price/Gross Acre : Residential Vacant Land Deed Date: 06/30/2017 : 3037/889 : Lengthy - see deed for details. . West side of A -1-A between Palm Island and Ocean Pearl subdivisions. : Town of Indian River Shores : 31-39-36-00000-0060-00002/0, 31-39-36-00000-0070-00004/0, 31-39-36-00000-0070-00006/0, 32-39-01-00001-1110-00001/0 31-39-36-00000-0050-00004/1 : Highway A -1-A : Charleston Estates Vero, LLC, a Delaware LLC . The Strand at Indian River Shores, a Delaware LLC . R-lA (2.5 units/Ac); R -2A (6 units/Ac) . Residential : Fee Simple Condition of sale: Arm's Length . $3.5 million PPM [One year term] held by Grantee : $5,000,000 . 911 days or 30 months : 33.71 : $148,324 -33- 1005 Boyle & Drake, Inc. SALE ONE (Continued) Upland Acres Zoned Units Price/Zoned Unit Land Use Present Use Highest & Best Use Intended Use Utilities Verification 33.71 Wetland Acres : N/A 101 Planned Units : 68 $49,505 Price/Planned Unit : $73,529 Vacant when purchased. Residential planned development. Residential Development Residential Development Public utilities [water & Sewer] FPL electric. Boyle & Drake Appraisal & Public Records. Comments: This site is in the Town of Indian Shores on the west side of S.R. A -1-A [Jimmy Buffett Memorial Highway] between Palm Island Estates and Ocean Pearl Subdivisions. The site involved five tax parcels encompassing 33.71 -acres and extended from A -1-A to Jungle Trail. The site had R -1A and R -2A zoning classifications, permitting 2.5 units and 6 units per acre, respectively. While the zoning would have allowed a maximum of 101 dwelling units, the developer chose to develop The Strand PD with forty-seven (47) residential lots and twenty-one (21) attached cottage units, for a total of sixty-eight (68) lots/units in the planned development. Current Sale Information: See preceding information. Prior Sale Information: A prior sale occurred in April of 2012, when Vero Beach Estates Development, LLC, a Delaware LLC, sold the property to Charleston Estates Vero, LLC, a Delaware LLC, for $10,947,571. The concomitant Assignment and Assumption of Intangible Property, conveyed. Inter alia, all rights to the name "Providence" a project concept developed by the assignee, along with approvals, permits, etc. Obviously, neither the Providence project nor the project anticipated by Charleston Estates came to fruition and Charleston Estates sold the property five years after its purchase. -34- 1006 Property Type OR Book/Page Legal Description Location Municipality Parcel ID Access Grantor Grantee Zoning Future Land Use Property Rights Financing Sales Price Days on Market Gross Acres Price/Gross Acre Photo from prior Boyle & Drake appraisal of the property. : Residential Vacant Land Deed Date: 10/2/2019 : 3244/452 : Lengthy - see deed for details. Southwest quadrant of S.R. A -1-A and 931 Street (AKA C.R.- 510 or Wabasso Beach Road) : Unincorporated Indian River County : 31-39-26-00000-0100-00008/0 : 93rd Street : Walt Disney Parks and resorts U.S., Inc. : GRBK GHO North Beach, LLC : RM -6, Medium Density Multi -family [6 units per acre] : L-2 Medium Density Residential : Fee Simple Condition of sale: Arm's Length : Cash to seller : $6,900,000 180 or 6 months : 26.0 : $265,385 -35- 1007 Boyle & Drake, Inc. SALE TWO (Continued) Upland Acres : 26.0 Zoned Units . 156 Wetland Acres : N/A Planned Units : 72 Price/Zoned Unit : $44,231 Price/Planned Unit : $95,833 Land Use : Vacant when purchased. Present Use : Residential planned development. Highest & Best Use : Residential Development Intended Use : Residential Development Utilities : Public utilities [water & Sewer] FPL electric. Verification : Boyle & Drake Appraisal & Public Records. Comments: This 26 -acre parcel is in Unincorporated Indian River County on the south side of 93rd Street (C.R.-510/Wabasso Beach Road] at the southwest quadrant of 931 Street and S.R. A -1-A [Jimmy Buffett Memorial Highway]. The Grantee purchased this parcel with the intent of developing a planned residential development called the Seaglass PD. The property is in proximity to the oceanfront Disney Beach Resort and has a deeded access (pathway) easement to the ocean. While the zoning would have allowed a maximum of 156 multi -family units, the developer chose to develop Seaglass with just seventy-two (72) residential units, mixed between single-family and attached (duplex) style residences. When purchased, the site was heavily vegetated and contained many large oak trees that the developer preserved during the site planning. Of note, this parcel was part of the Florida Beach Resort Planned Development that was approved by the Indian River County Board of County Commissioners in 1993. Accordingly, development of the property in a manner different from that originally outlined in the approved plan necessitated modification of the plan, requiring a public hearing and approval from the Planning and Zoning Commission as well as the Board of County Commissioners, all of which was conducted by the Grantee, developer. Current Sale Information: See preceding information. Prior Sale Information: We did not find any sale or conveyance of the property that occurred within five years of the 2019 date of sale. -36- 1008 Boyle & Drake, Inc. SALE THREE [SUBJECT PARCEL] Property Type OR Book/Page Legal Description Location Municipality Parcel ID Access Grantor Grantee Zoning Future Land Use Property Rights Financing Sales Price Days on Market Gross Acres Price/Gross Acre : Vacant Land Deed Date: 4/5/2022 : 3528/64 : Lengthy - see deed for details. : East side of Jungle Trail just north of the Island Club development. : Unincorporated Indian River County : 31-39-26-00000-100-00008/0 : Island Club Manor from A -1-A. : Premier Citrus, LLC. : Island Manor Development, LLC : A-1, Agriculture [1 unit per five (5) acres] : L-2 Medium Density Residential (six (6) units per acre) : Fee Simple Condition of sale: Arm's Length : Cash to seller : $4,500,000 : Approximately 35 months 19.6 $229,592 -37- 1009 Boyle & Drake, Inc. SALE THREE (Continued) Upland Acres 16.3 Wetland Acres : 3.3 Zoned Units* 117 Planned Units** : 40 Price/Zoned Unit* : $38,462 Price/Planned Unit**: $112,500 Land Use : Vacant when purchased with Agricultural Zoning. Present Use : Vacant Highest & Best Use : Residential Development Intended Use : Residential Development Utilities : Public utilities [water & Sewer] FPL electric. Verification . Grantee, Mr. Alan Wilkinson. [*Allowable under L-2 Land Use. * * Based on 40 units discussed in Highest and Best Use.] Comments: this sale reflects the purchase of the subject property in 2022. As stated in the Uniform Appraisal Standards for Federal Land Acquisitions [Yellow Book], "Prior sales of the same property, if unforced, arm's length, for cash or its equivalent, and reasonably recent to the date of valuation, are extremely probative evidence of market value." We described the physical attributes of the property in the preceding sections of this report. At the time of this purchase the property had an A-1 Agricultural Zoning that only permitted one unit or dwelling per five (5) acres or three (3) dwellings. However, the L-2 Land Use Designation would permit 6 -units per acre for a total of 117 lots/units. [Rezoning to a residential zoning classification compatible with the land use designation would be a routine administrative action. The buyer was fully aware of the existing limitations imposed by the A-1 zoning but purchased the property anyway with the intent of requesting a special exception for a seven (7) lot planned development. This was subsequently modified for sixteen (16) lots, which was further modified to include a rezoning request to RS -3 (single-family residential at 3 - units per acre) but with only 20 -lots to be developed as a conventional subdivision, rather than 58 -lots that could be permitted under the RS -3 zoning. On April 23, 2024, the property was rezoned from A-1 Agricultural to RS -3 Single Family Residential. Current Sale Information: Reiterating this is the sale of the subject property, we reference our highest and best conclusion in which we opined the 20 -lots [ 11 unit per acre] for the proposed Hammock Oaks Subdivision will underutilize the subject's land area. It was our conclusion that it is reasonable to presume that the end development will most likely not maximize the allowable density but fall towards the lower end, say 2 -units per acre that yields approximately thirty-nine (39) to forty (40) lots or dwelling units. -38- 1010 Boyle & Drake, Inc. SALE THREE (Continued) Accordingly, in our final reconciliation and value conclusion we will use forty (40) lots. Prior Sale Information: The Grantor, Premier Citrus LLC, purchased the property in December of 2003 for $1,900,000 from Sansho Trading Co., LTD, a Japanese corporation, et. al. As previously discussed, the Grantor, Premier Citrus, had owned the property for some twenty-two (22) years, began marketing the property in mid -2019 with an asking price of $4,000,000. The $500,000 premium over the asking price reflects property appreciation and the buyer's motivation to acquire the property. The property was on the market for approximately thirty-five months. -39- 1011 Boyle & Drake, Inc. SALES RANKING/ADJUSTMENT GRID Item Price Sub' ct Sale 1 Sale 2 Sale 3 1 Address 1350 Island ClabMance 8051 Hwy. A -1-A C.R.-510/SR A -1-A 1350Island Chib Manor 2 City Vero Beach Indian River Shores Vero Beach Vero Beach 3 Cqumty Indian River Indian River Indian River Indian River 4 Property Type Vacant Land Vacant Land Vacant Land Vacant Land 5 Site Area Acres 19.60/AC 33.71/AC 26.00/AC 19.601AC 6 Zoning RS -3 R -IA & R -2A [Mul i] RM -6 A-1 7 Land Use Classification - Density 6 Units/Ac. 3 Units/Ac. 6 Units/Ac. 6 Units/Ac. 8 Maximum Allowable Dwellmgs/lots [Per Land Use] 117 101 156 117 9 Actual Number of bits Planned/Developed �� "'"` "^` " 68 72 40 10 Appraisal Date/Date of Sale May -25 Jun -17 Oct -19 Apr -22 11 # Months since Sale N/A 94/Mths 67/Mths 37/Mths 12 Sale price N/A $5,000,000 $6,900,000 $4,500,000 13 price r Acre IBM$148,324/AC $265,385/AC $229,592/AC 14 price per Max units/acre Line 12 +Line 8 $49,505/L t $44,231/Lot $38,462/Lot 15 Percentage Market Condition Adjustment -See text 'u 851% 93% 3% 16 Market Condition Dollar Adjustment [Line 12 x Line 15] $4,250,000 $6,417,000 $1351000 17 Current Sales Price [Lines 12+ 16] $9,250,000 $13,317,000 $4,635,000 18 Property Rights Conveyed Fee Smiple Fee Simple Fee Simple Fee Simple 19 Financing TBD $3.5 million PMM 1 Yr Cash to Seller Cash to Seller 20 Condition of Sale Arms Length Length Arms Length Arms Length $0 $0 $0 21 Adjustments 22 Ad Justed Sales Price $9,250,000 $13,317,000 $4,635,000 23 Adjusted Price perAcre Line 22+Line s $274,399/AC $512,192/AC $236,480/AC 24 Adjusted Price per Maximum Density Line 22+Line 8 $91,584/Lot $85,365/Lot $39,615/Lot $136,029/Lot $184,958/Lot $115,875/Lot 25 Adjusted Price per Planned Development Line 21 + Line 9 Similar Superior Similar 26 Location/Visibfty Similar Superior Similar 27 Zoning Similar Inferior Similar 28 Site Conditions 29 Other / Size Similar Similar Similar 30 Ove rallRankin Similar Superior Similar 31 Indicated Price Per Acre $274,399/AC $512,192/AC $236,480/AC SALES/RANKING SUMMARY Price Price/Acre Price/ Comparable Developed Ranking per per Density y Density Sale 3 $236,500/AC $39,615/Lot $115,875/L.ot Similar Sale 1 $274,400/AC $91,584/Lot $136,029/1-ot Similar Sale 2 $512,200/AC $85,365/Lot $184,958/Lot Superior Minimum $236,500/AC $39,615/AC $115,875/Lot Maximum $512,200/AC $91,584/AC $184,958/Lot Mean $341,033/AC $72,188/AC $145,621/Lot Std Dev. $149,441/AC $28,380/AC $35,526/Lot C.V. 43.82% 39.31% 24.40% We applied three units of comparison for valuation purposes. Utilizing statistical comparison, the price per planned or developed unit presents the lowest coefficient of variation and is therefore considered the most reliable unit of comparison. -40- 1012 Boyle & Drake, Inc. The $116,000[Rd] per lot price indicated by Sale Three [Subject] is based on 40 lots that we concluded represents the highest and best use as previously discussed on page 28. Value Conclusion Based on the foregoing, it is our opinion that the subject's Market Value is best represented by using a price per developed/planned lot, which we conclude should be between the subject's indication of $116,000/unit and the $136,000/unit indicated by Sale 1. SALES/RANKING SUMMARY Price/ Comparable Adj. Price Price/ Max Developed Ranking per Acre Density Density Sale 3 $236,500/AC $39,615/Lot $115,875/Lot Similar Sale 1 $274,400/AC $91,584/Lot $136,029/Lot Sfinvlar Sale 2 $512,200/AC $85,365/Lot $184,958/Lot Supenor Minimum $236,500/AC $39,615/AC $115,875/11ot Maximum $512,200/AC $91,584/AC $184,958/Lot Mean $341,033/AC $72,188/AC $145,621/Lot Std Dev. $149,441/AC $28,380/AC $35,526/Lot C.V. 43.820/6 39.31% 24.40% Accordingly, we conclude that $125,000 per lot is reasonable for the subject, which equates to a market value of $5,000,000. VALUE CONCLUSION Lots X Per Lot Value = Indicated Value 40 x $125,000/Lot = $5,000,000 Indicated Market Value $5,000,000 -41- 1013 Boyle & Drake, Inc. CERTIFICATION STEPHEN M. BOYLE I certify that, to the best of my knowledge and belief. 1. The statements and information in this report are true and correct; and I have not knowingly withheld any information. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and my personal, impartial professional analyses, opinions, and conclusions. 3. I have no present or contemplated interest in the property appraised; and I have no personal interest or bias with respect to the parties involved. 4. The analyses, opinions, and conclusion were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 5. The use of this report is subject to the requirements of the State of Florida relating to review by the Department of Professional Regulation, Real Estate Appraisal Board, and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 6. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 7. Stephen M. Boyle, MAI made a personal inspection of the property appraised. 8. All conclusions and opinions concerning the real estate that are set forth in this appraisal report were not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 9. Based on my experience and training, it is my opinion that I am qualified to provide the following value estimate for the Subject Property. -42- 1014 Boyle & Drake, Inc. 10. As of the date of this report, I have completed the requirements of the continuing education program of the State of Florida and The Appraisal Institute. 11. I have provided no prior professionals services as an appraiser concerning the subject property within the three years prior to acceptance of this assignment. 4 Stephen M. Boyle, MAI State -Certified General Real Estate Appraiser RZ3470 -43- 1015 Boyle & Drake, Inc. CERTIFICATION I certify that, to the best of my knowledge and belief. 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. 3. I have no present or prospective interest in the property that is the subject of this report; and I have no personal interest with respect to the parties involved. 4. I have performed no professional services on the subject property within the three years prior to acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. I made a personal inspection of the property that is the subject of this report. 10. No one other than the co-signer of this appraisal report provided significant real property appraisal assistance to the person signing this certification. John B. Thompson State -Certified General Real Estate Appraiser RZ2891 -44- 1016 Boyle & Drake, Inc. ASSUMPTIONS AND LIMITING CONDITIONS: We prepared this appraisal report under the following general assumptions and limiting conditions: 1. We assume no responsibility for the legal description provided or for matters pertaining to legal or title considerations. Unless otherwise stated, we assume that the title to the property is good and marketable. 2. The property is appraised free and clear of any lines or encumbrances unless otherwise stated. 3. We assume responsible ownership and competent property management. 4. We assume that information obtained from or furnished by others is accurate and reliable, but we do not warrant its accuracy. [Examples: MLS information; commercial vendors such as LoopNet and CoStar; data obtained from county Property Appraiser's, etc.] 5. We assume all engineering studies are correct. Site plans, sketches, drawings, and other illustrative material in this report are included only to assist the reader in visualizing the property. 6. We assume that there are no hidden or unapparent conditions of the property, subsoil, or structural that renders it valuable. We assume no responsibility for such conditions or for obtaining engineering studies that may be required to discover them. 7. We assume that the property is in full compliance will all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. We assume that the property conforms to all applicable zoning and use regulations and restrictions, unless we identify, describe, and consider any such nonconformity in the appraisal. 9. It is assumed that all required licenses, certificates of occupancy, consents, and/or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. We assume that the use of the land and improvements is within the boundaries or property lines of the property described and that there are no encroachments of trespass unless noted in the report. -45- 1017 Boyle & Drake, Inc. GENERAL ASSUMPTIONS AND LIMITING CONDITIONS (Continued) 11. Unless otherwise stated in this report, the appraiser did not observe the existence of hazardous materials, which may or may not be present on the property. The appraiser has no knowledge of the existence of such materials on/or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, PCB's, petroleum leakage, agricultural chemicals, or other toxic, hazardous, or contaminant substances may affect the value of the property. The value estimated and reported herein assumes that there are no such materials affecting the property that would cause a loss in value. We assume no responsibility for such conditions or for any expertise or engineering knowledge required to discover them. We urge the intended user to retain an expert in this field, if desired. 12. Any allocation of the total value in the report between land and improvements applies only under the stated program of utilization. The separate values allocated to the land and building must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. The appraiser, because of this appraisal, is not required to give further consultation or testimony or to attend court with reference to the property in question unless arrangements have been previously made. 15. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser. 16. We based the forecast, projections, or operating estimates contained herein on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to change with future conditions. As an enormous variety of forces and conditions can affect real estate values, sometimes sharply within a short time, the values reported herein assume current economic conditions and current purchasing power in U. S. dollars. The value(s) reported herein do not consider the effects of unforeseen and/or extreme fluctuations in economic conditions or cycles, which are beyond the scope and purview of this assignment. The value(s) reported herein assume responsible ownership and competent management. -46- 1018 Boyle & Drake, Inc. GENERAL ASSUMPTIONS AND LIMITING CONDITIONS (Continued) 17. Any opinions of value provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interest has been set forth in the report. 18. The Americans with Disabilities Act (ADA) became effective January 1992. The appraiser has not made a special compliance survey of this property to determine whether it is in conformity with the various detail requirements of ADA. It is possible that a compliance survey of the property and a detailed analysis of the requirements of the ADA would reveal that the property does not comply with one or more of the requirements of the act. If so, this fact could have a negative impact upon the value for the property. Since the appraiser has no direct evidence relating to this issue, we do not consider the effects of possible noncompliance with the requirements of ADA in estimating the value of the property. -47- 1019 Boyle & Drake, Inc. ADDENDA 1020 Boyle & Drake, Inc. PHOTOGRAPHS 1021 Boyle & Drake, Inc. ACCESS POINT FROM JUNGLE TRAIL SALT MARSH AREA ON JUNGLE TRAIL [EST. 0.68 ACRES] ►%96 1022 Boyle & Drake, Inc. ISLAND CLUB MANOR MAIN ACCESS ROAD FOR PROPOSED DEVELOPMENT FORMER FLOW WELL - FUNCTIONALITY UNKNOWN 1024 Boyle & Drake, Inc. ACCESS EASEMENT AGREEMENT 1025 Boyle & Drake, Inc. 38.5()X .10 Prepared by and Return to: WILL CALL BOX #69 ALAN J. CIKLIN, ESQUIRE Boose, Casey, Ciklin, Lubitz, -- Martens, McBane & O'Connell DOCUMENTARY STAMPS 17th Floor - Northbridge Tower I DEED= 1O OF JEFFREY KBAR ECORDSON Cl 515 North Flagler Drive NOTE$ CLERK CIRCUIT COURT West Palm Beach, Florida 33401 JEFFREY KBARTON, CLERK INDIAN PIVEHCO.,FLA co INDIAN WEROOLINTY -..t EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this L day of June, 2003, by and between BEAZER HOMES CORP., a Tennessee corporation (hereinafter referred to as "Grantor") and w SANSHO TRADING COMPANY, LTD., a Japanese corporation, SHIGERU TAKANAGA, a a Japanese citizen, NOBUYUKI OHORI, a Japanese citizen, and HISAO MATSUDO, a Japanese C citizen (hereinafter referred to as "Grantee"). ao WITNESSETH: .n WHEREAS, Grantor has caused the following property to be platted: Island Club Riverside Phase IV, in Plat Book 15, Pages 94 and 94A, and 94B, Public Records of Indian River County, M Florida (the "Riverside Plat"), and WHEREAS, Grantor has caused the following property to be platted: The Island Club of Vero Beach Subdivision - Phase 1, in Plat Book 14, Pages 69, 69A, 69B, and 69C, Public Records of Indian River County, Florida (the "Island Club Plat"); and WHEREAS, Grantee owns the following described property located in Indian River County, Florida and located north of Riverside Plat property and the Island Club Plat property; See Exhibit A (the "Adjacent Property") and WHEREAS, the Riverside Plat dedicated to Grantee as the owner of the Adjacent Property a right-of-way for ingress and egress pursuant to the following language contained in the Riverside Plat: 0 "9. ISLAND CLUB MANOR RIGHT-OF-WAY IS HEREBY DEDICATED FOR ACCESS AND EGRESS PURPOSES TO rn THE OWNERS OF THE ADJACENT PROPERTY LYING tV NORTHWARD OF THIS SITE, THEIR SUCCESSORS AND w ASSIGNS. CONDITIONED ON A PRO -RATA SHARING OF MAINTENANCE COSTS AND RECOVERY OF CAPITAL N co tT ko 1026 Boyle & Drake, Inc. COSTS BASED UPON THE NUMBER OF TRIPS GENERATED BY COUNTY APPROVED DEVELOPMENT PROJECTS FOR THE PROPERTIES OF THE RESPECTIVE PARTIES: AND ALSO CONDITIONED ON THE GRANTOR AND GRANTEE ENTERING INTO AN EASEMENT AGREEMENT MUTUALLY AGREEABLE TO THE PARTIES AS TO REASONABLE TERMS, CONDITIONS, AND CONSIDERATION" (the "Plat Language") and WHEREAS, in order to implement the Plat Language, it is also necessary for Grantor to grant to Grantee easements across that portion of Island Club Manor lying within the Island Club Plat for ingress, egress, and utilities; and WHEREAS, the parties are entering into this Easement Agreement to fulfill the terms of the Plat Language in satisfaction of the requirement for an "agreement mutually agreeable to the parties." NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as well as the mutual promises set forth herein, the parties agree as follows: 1. Grant of Easement on Island Club Manor. Grantor hereby grants and conveys to Grantee an casement for ingress, egress, and utilities over the right-of-way known as Island Club Manor, as referenced on the Riverside Plat (that portion of Island Club Manor lying within the Riverside Plat being hereinafter referred to as the "Riverside Right of Way") and as reflected on the Island Club Plat (that portion of Island Club Manor located within the Island Club Plat being hereinafter referred to as the "Island Club Right of Way"). The easements granted hereby are for the benefit of and appurtenant to the Adjacent Property. 2. Contribution for Capital Cost. The capital costs for the Island Club Right of Way shall be paid by Grantee to Grantor as such time as the plat of the Adjacent Property (the "Adjacent Property Plat") is recorded in the Public Records of Indian River County. In the event the actual number of single family residential units permitted on the Adjacent Property as reflected on the Adjacent Property Plat (the "Actual Units") differs from the assumed number of forty-five (45), the capital cost calculations and payments shall be adjusted directly between those entities for such recalculated capital costs. 3. Contribution for Maintenance Costs. From and afler the date of recording of the Adjacent Property Plat, Grantee shall bear its proportionate share of the ongoing maintenance -- costs for the Island Club Right of Way and the Riverside Right of Way (hereinafter, collectively tT "Island Club Manor"), including maintenance of paving, landscaping, irrigation, and any tv required maintenance to utility lines required within Island Club Manor which is the ro responsibility of The Island Club of Vero Beach Homeowners Association, Inc. (the N "Association"). Based on an assumed number of units on the Adjacent Property of forty-five co (45), Grantee's pro rata share of said maintenance costs will be forty-five (45) divided by the _I units in Island Club of 131 (the "Island Club Units") plus the units in Riverside of 121 (the C:) 1027 Boyle & Drake, Inc. "Riverside Units") plus 45, or forty-five (45) divided by (131 plus 121 plus 45), - f—ry-s-e (45) divided by 297, or 15.15%, In the event that the number of Actual Units differs from the assumed number of forty-five (45), Grantee's pro rata share of said maintenance costs shall be recalculated by dividing the number of Actual Units by the sum of the Island Club Units, the Riverside Units, and the Actual Units. 4. Reasonable Consideration. Grantor and Grantee agree that the reasonable consideration provision of the Plat Language shall be satisfied by (i) Grantee's payment to Grantor of the above -stated capital costs at the time of recording of the Adjacent Property Plat, notwithstanding that on that date no units on the Adjacent Property will be served by Island Club Manor; and (ii) Grantee's agreement to pay its pro rata share of the maintenance costs for Island Club Manor commencing as of the date of recording of the Adjacent Property Plat, notwithstanding that no units on the Adjacent Property will as of that date be served by Island Club Manor. 5. Construction Damage. Grantee agrees to indemnify and hold Grantor and the Association harmless from and against any and all loss, cost, damage, , claim or expense relating to or arising out of Grantee's use of Island Club Manor for construction purposes and relating to construction on the Adjacent Property. Grantee covenants and agrees to take such reasonable steps as may be appropriate to minimize both the use of Island Club Manor for construction purposes and any inconvenience to the residents of units other than those to be located on the Adjacent Property regarding said construction. Any damage to the paving, landscaping, irrigation, or utilities located within Island Club Manor damaged by Grantee or its agents and contractors shall be promptly repaired to a condition substantially similar to that which existed before the damage, and at the sole cost and expense of Grantee. 6. Restrictions on Adjacent Property. Grantee, as further consideration to Grantor and the Association hereunder, hereby covenants and agrees that the Adjacent Property shall be utilized solely for single family residential and appropriate related purposes. Grantee further covenants and agrees that any residential units to be constructed on the Adjacent Property shall be of at least a substantially similar quality of design, construction, landscaping, and maintenance as the Island Club Units and the Riverside Units. 7. Specifics of Utility Connections. The proposed connection point for the potable water line which will serve the Adjacent Property shall be as indicated on Exhibit B attached hereto and incorporated by reference herein. The proposed connection point for the sanitary sewer force main which will serve the Adjacent Property shall be at the point as indicated on Exhibit B attached hereto. The proposed connection point for the electrical service which will serve the o Adjacent Property shall be at the point as indicated on Exhibit B attached hereto. The actual �o connection point for utilities shall be as specified by the utility company providing service. Any CYN further utility connections for utilities located within Island Club Manor which will serve the N Adjacent Property, including telephone, cable, gas, and any other utilities, shall be at a location w mutually agreed among Grantee, the Association, and the utility company providing service. N S. Agreement to Run With the Properties. This Easement Agreement shall run with the GD properties of the parties described herein and shall bind their heirs, successors, and assigns forever. Notwithstanding the conveyance of Island Club Manor by Grantor to a third party, 1028 Boyle & Drake, Inc. including the Association, Grantee shall be obligated to pay its fair share of the maintenance of Island Club Manor as described herein. 9. Agreement to Be Recorded. This Easement Agreement shall be recorded in the Public Records of Indian River County, Florida. 10. Attorney's Fees and Costs. In the event of any litigation between the parties relating to this Easement Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs incurred. IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and year first written above. WITNESSES: E 5uc ra Ja .L. S a PA "GRANTOR" BEAZER HOMES CORP., a Tenne rati By Prid Title: J�`v. . .eX�J�..f "GRANTEE" SANSHO TRADING COMPANY, LTD., a Japanese corporation JJ'� By: Y, Print Name aild Title: HISAO M4ktMDD fRMXWT SHIGERU TAKANAGA, a JApanese citizen 0 rn w N 00 v rV 1029 Boyle & Drake, Inc. yeSN/� 4 Z/1 k/A 52 P .r�i�•.r., c.y.A. G Y�Id/1 AJZ4411i f/wJwl clep` r STATE OF FLORIDA COUNTY OF SEMINOLE NOBUYUKI OHORI, a Japanese citizen HISAO MATSUDO, a Japanese citizen The foregoing instrument was acknowledged before me this 12 day of June, 2003, by David C. Byrnes , Division President . _•(title) of BEAZER HOMES CORP., a Tennessee corporation, on behalf of the corporation. He [x] is personally known to me or [ ] has produced (type of identification) as identification. krnr, EL S" t mycom um0 cc9w4 DM Na+wmbw � 20M �'�ti,.• �aaoewnauw�c My commission expires: OF Sign:INA� Print:. 7Pa RY BLI STATE OF FLORIDA COUN%Thecgoing ST. LUCIE instrument %vas acknowledged before me this _day of June, 2003, by s (title) of SANSHO TRADING COMPANY, LTD., a Japanese orpora n, on behalf of the corporation. He [ ] is personally known to me or [ ] has a� produce (type of identification) as identification. tv W v Sign:___ IV W W 1030 Boyle & Drake, Inc. Print: My commission expires: 9:112 AWE OF: FLIL 0 -R -1 -DA 0MWvOF 11E UWMD YTAIES OF MWJII 1 f.11UWV OF CST ■ tGW NOTARY PUBLIC STATE OF FLORIDA JUN 2 fi 1003 The foregoing instrument was acknowledged before me this _day of June, 2003, by SHIGERU TAKANAGA, a Japanese citizen. He [ ] is personally known to me or [X] has produced Passport * * * (type of identification) as identification. �'. Sign: Sara Farinelli �{ Print: Consular Associate STATE 019 FLOVARA- My commission expires: 1NDIFyWIT" . ,►'�'•. IMMIfftit The foregoing instrument was acknowledged before me this JUN oT7une, 2003, by NOBUYUKI OHORI, a Japanese citizen. He [ ] is personally known to me or]t ] has produced Passport * * * * (type of identification) as identification. , n Q Sign: Print: Sara Farinelli usular Associate INDEFINITE STATE AT FLORIDA My commission expires: e4�-I�FI�A of Tacrn "rvrrQ OF ME/iQj The foregoing instrument was lick nowledged before me this' Aune, 2003, by HISAO MATSUDO. a Japanese citizen. _ He 1.1 is personally known to me ort ] has produced o Passport * * * * (type of identification) as identification. Q� Sign: Sara Farinelli W Print: Consular Associate ems, r V AF FIJ9$I014 My commission expires: ont.t.rrwss.s INDEFINITE G 1031 Boyle & Drake, Inc. JAPAN ) CITY OF TOKYO ) SS: EMBASSY OF THE UNITED STATES OF AMERICA ) Sara rarinelli Before me, Cuiisclar Associat0 , Consul of the United States of America at Tokyo, Japan, duly commissioned and qualified, personally appeared * * * * Hisao MATSUDO who, being duly sworn, deposes and says: That heljVgF is the President of SANSHO TRADING COMPANY, LTD., ------------- and that the foregoing instrument was signed in behalf of said corporation by authority of its board of directors and that said officer acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal this day of ,JUN 2 6 1003 , A.D. Consul of the United States of America at Tokyo, Japan, duly coni issione4 and qualified 0 no C+� N �3 -v G7 N Co J un 1032 Boyle & Drake, Inc. Exhibit "A.': DESCRIPTION AS PROVIDED egrcel A: The South two hundred eighty—four and two—tenths (284.2) feet of Government Lot Ten (10) in Section Twenty—six (26), Township Thirty—one (31) South, Range Thirty—nine (39) East, and also, all of the South four hundred thirty (430) feet of Government Lot Eleven (11), in Sec:ticn Twenty—six (26), Township Thirty—one (31) South, Range Thirty—Nine (39) East, all situated in Indian River County, Florida, excepting from the lands in Lot Eleven (11) 66/100 of an acre in the northwest comer described as follows: Beginning at a stake on the line between Government Lots Ten (10) and Eleven (11) two hundred eighty—four and two—tenths (284.2) feet North of the South line of said Section Twenty—six (26), thence run Easi one hundred ninety—six (196) feet: thence run North one hundred forty—five and eight—tenths (145.8) feet; thence run West one hundred ninety—six (196) feet to the West line of said Lot Eleven (11), thence run South one hundred forty—five and eight—tenths (145.8) feet to the POINT OF BEGINNING (said exception being included in Parcel B hereinafter described). Also excepting from said Parcel A the following described land, to—wit: Beginning at a stake on the East edge of the Indian River two hundred eighty—four and two—tenths (284.2) feet North of the South line of said Section Twenty—six (26), thence run East two hundred fifty (250) feet to a stake; thence run South one hundred (100) feet; thence run West two hundred twenty—one and two—tenths (221.2) feet to a stake on the East edge of the Indian River, thence run North with the East edge of the Indian River to the POINT OF BEGINNING, in Indian River County, Florida. Parcel B. Beginning at a stake two hundred eighty—four and two—tenths (284.2) feet North of the South line of Section Twenty—six (26), Township thirty—one (31) South, Range Thirty—nine (39) East, and on the line between Government Lots Ten (10) and Eleven (11), thence run East one hundred ninety—six (196) feet to a stake; thence run North two hundred ten (210) feet to an iron pipe; thence run West three hundred forty (340) feet to a stake; thence run South one hundred ten and six—tenths (110.6) feet to a stake; thence run South eighty—eight (88) degrees, thirty (30) minutes West one hundred thirty—five and eight—tenths (135.8) feet to a stake; then run Soutt ninety—srve;) and t -n hun-4m.dt'- (9702) fa to =take the t'o,th line of Parcel A; thence run East two hundred seventy—nine and eight—tenths (279.8) feet to the POINT OF BEGINNING, in Indian River County, Florida LESS do EXCEPT: that parcel described in Quit—clam Deed's recorded ;n Officioi Recora Boon 1142, Page 1415 and Official Record Book 1142, Page 1413, Public Records of Indian River, County, Florida. SUBJECT TO right—of—way for Jungle Trail. GROSS SQUARE FEET = 849,704 SW.FT (19.51 ACRES) * NET SQUARE FEE' — 842,130.00 (19.33 ACRES) 0 01 N .0 N CJD J GT 1033 Boyle & Drake, Inc. COMPARABLE SALES INFORMATION 1034 Boyle & Drake, Inc. SALE ONE 1035 Boyle & Drake, Inc. 31 201 700381 46 RECORDED 1N THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3037 PG: 889,6/30/2017 2:42 PM D DOCTAX PD $35,000.00 PERPAre b 9i?.Il.alunt_w: Michele S. Scully Barry G. Segal, P.A. 30% Cardinal Drive Suite 2C Vero Beach, FL 32963 772-567-5552 File Number: 17-468 Will Call No.: Box 92 .._,_[Space Above This Line For Recording Data]_ ._ Warranty Deed This Warranty Deed made this 30th day of June, 2017 between Charleston Estates Vero, LLC, a Delaware limited liability company whose post office address is 100 Front Street, Suite 1300, Conshohocken, PA 19428, grantor, and The Strand at Indian River Shores, LLC, a Delaware limited liability company whose post office address is 665 Simonds Road, Williamstown, MA 01267-2105, grantee: (Whenever 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, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: Parcel 1: The South one-half of Government Lot 6, Section 36, Township 31 South, Range 39 East, Parcel 2: From the Point of Beginning at the Southeast corner of Government Lot 7, Section 36, Township 31 South, Range 39 East, run Northerly along the East boundary line of said Government Lot 7, a distance of 534.00 feet to a point; thence run West to the Indian River; thence run Southeasterly along the shore of the Indian River to the point where the shore of the Indian River intersects the South boundary line of said Government Lot 7; and thence run Easterly along the South boundary line of said Government Lot 7 to the Point of Beginning. Less and Except that certain parcel of land described in Special Warranty Deed, recorded in Official Records Book 750, Page 366 of the Public Records of Indian River County, Florida, being described as follows: a 50 foot strip of land lying in Government Lot 7, Section 36, Township 31 South, Range 39 East, Indian River County, Florida. Said 50 foot strip being more particularly described as follows: Commence at the Southeast corner of Government Lot 7, Section 36, Township 31 South, Range 39 East, Indian River County, Florida; thence run North 89 degrees, 45'20"W for a distance of 740,43 feet to the Point of Beginning for the herein described parcel of land; thence continue N 89 degrees 45'20"W, for a distance of 50.16 feet, to the point of a non -tangency on a circular curve concave to the West having a radios of 223.81 feet; thence run Northwesterly along the arc of said circular curve for an arc distance of 120.18 feet, through a central angle of 30 degrees 46'02" to the Point of Tangency; thence run N 35 degrees 21' 01 "W, for a distance of 144.27 feet; thence run N 89 degrees 44'38" E, for a distance of 61.11 feet; thence run S 35 degrees 21' 01" E, for a distance of 109.14 feet to the point of curvature on a circular curve concave to the West having a radius of 273.81 feet; thence run Southeasterly along the arc of said circular curve for an are distance of 151.25 feet through a central angle of 31 degrees 39' OI" to the Point of Beginning for the above described parcel of land. Said parcel of land lies wholly in Indian River County, Florida. Parcel 3: The South 330 feet of Government Lot 5, Section 36, Township 31 South, Range 39 East, Indian River County, Florida, LESS AND EXCEPT the right of way for State Road A -1-A (per DoubleTimas 1036 Boyle & Drake, Inc. BK: 3037 PG: 890 D.O.T. Right of Way Map Section 8807-102 last revised 6-3-58). Also less and except that portion lying East of the Right of Way line of Highway A -1-A as conveyed in Deed recorded in O. R. Book 2797, Page 1619, Public Records of Indian River County, Florida. Parcel 4: A parcel of land lying in the Southeast quarter of Section 35, Township 31 South, Range 39 East, and the Southwest quarter of Section 36, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commence at the South one quarter corner of Section 36, Township 31 South, Range 39 East as shown on the Plat of River Club at Carlton P.R.D. - Plat 4, as recorded in Plat Book 17, Page 40, of the Public Records of Indian River County, Florida, run North 89' 53' 20" West (basis of bearings as shown on the Plat of River Club at Carlton P.R.D. - Plat 1, as recorded in Plat Book 16, Page 33, of the Public Records of Indian River Comity, Florida) along the South line of said Section 36 a distance of 2349.46 feet to a point; thence North 00' 00' 00" East a distance of 1216.52 feet to the mean high water line of an Island, said point also being the Point of Beginning; thence traversing said mean high water line approximated by the following courses: South 67" 45' 25" West, a distance of 32.73 feet; South 89' 56' 16" West, a distance of 37.53 feet; North 52 35' 3l" West, a distance of 36.27 feet; North 39" 17' 18" West, a distance of 35.93 feet; North 35' 33' 09 West a distance of 82.25 feet; North 11" 12' 44" West, a distance of 31.43 feet; North 44' 59' 24" West, a distance of 43,71 feet; North 13" 09' 41" West, a distance of 57.16 feet; North 34" 18' 50" East, a distance of 43.99 feet; North 30" 36' 37" West, a distance of 48.24 feet; North 29" 24' 36" East, a distance of 38.26 feet; North 25' 55' 08" West, a distance of 24.67 feet; North 59' 10' 04" West, a distance of 51.32 feet; North 09°19'58" West, a distance of 39.09 feet; North 28' 36'46" West, a distance of 69.64 feet; North 17' 58' 18" West, a distance of 41.17 feet; North 59" 30' 02" West, a distance of 36.73 feet; South 47" 11' 27" West, a distance of 64.31 feet; North 78' 30' 09" West, it distance of 32.26 feet; South 57' 45' 06" west, a distance of 40.94 feet; South .58" 27' 04" West, a distance of 25.44 feet; North 39" 44' 58" West, a distance of 23.36 feet; North 61' 52' 51" East, a distance of 17.03 feet; North 49' 41' 11" East, a distance of 28.31 feet; North 28" 43' 12" East, a distance of 59.73 feet; North 00" 37' 54" East, a distance of 35.96 feet; North 10" 41' 36" West, a distance of 22.06 feet; North 28'40' 14" East, a distance of 31.04 feet; North 07' 12' 09" East, a distance of 35.39 feet; North 1 N 18' 38" East, a distance of 45.98 feet; North 40" 16' 47" East, a distance of 37.44 feet; North 55' 42' 28" East, a distance of 11.39 feet; South 19' 08' 17" East, a distance of 24.62 feet; South 53' 29' 34" East, a distance of 47.33 feet; South 55" 05' 52" East, a distance of 72.27 feet; South 13' 57' 27" East, a distance of 70.39 feet; South 11' 13' 48" East, a distance of 45.04 feet; South 68' 50' 51" East, a distance of 84.27 feet; South 46" 02' 09" East, a distance of 29,63 feet; South 01' 411' 50" West, a distance of 60.41 feet; South 34' 35' 50" East, a distance of 77.74 feet; South 34' 17' 15" East, a distance of 55.69 feet; South 09" 16' 58" East, a distance of 29.86 feet; South 11' 47' 25" West , a distance of 80.81 feet; South 31" 38' 45" East, a distance of 21.10 feet; South 43" 31 '57" East, n distance of 54.36 feet; South 54" 45' 32" East, a distance of 39.82 feet; South 56" 16' 57" East, a distance of 49.46 feet; South 16' 47' 16" West, a distance of 27.89 feet; South 08' 19' 10" West, a distance of 42.89 feet; South 39' 37' 56" West, a distance of 21.13 feet; South 34" 33' 18" West, a distance of 42.25 feet to the Point of Beginning. Together with Easement for beach access over and across the following described property, more particularly described in O. R. Book 2797, Page 1623: Being a portion of Government Lot 5, Section 36, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: Begin at the Southwest corner of Tract "B" Ocean Pearl Subdivision, according to the Plat thereof as recorded in Plat Book 13, Page 57A and 57B of the Public Records of Indian River County, Florida; Thence South 89'44' 29" East along the South line of said Ocean Pearl Subdivision, a distance of 612.13 feet to the mean high water line of the Atlantic Ocean on file with the Florida Department of Environmental Protection, Bureau of Surveying and Mapping; Thence South 22'18' 19" East along said mean high water line, a distance of 10.84 feet; W,-wny Deed - Pagn '_ DoubleTlm" 1037 Boyle & Drake, Inc. BK: 3037 PG: 891 Thence North 89° 44' 29" West along a line 10 feet South of and parallel with said South line of Ocean Pearl Subdivision, a distance 613.26 feet to the East right of way line of State Road A -1-A; Thence North 16°43' 25" West along said East right of way line, a distance of 10.46 feet to the Point of Beginning. Parcel Identification Number: 31-39-36-00000-0060-00002/0, 31-39-36-00000-0070-00004/0, 31-39-36-00000-0070-0000610, 32-39- 01-00001-1110-00001/0, and 31-39-3600000-0050-00004/1. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: _fri wiffi ess Nantes - r n bnr, Charleston s Vero, LLC, a Delaware limited liability cotnp. By: / 7k, Y—Z Name: [iron fes Its: Manager (Corporate Seal) Commonwealth ofPennsylvnia } ss.: County of Montgomery } The foregoing instrument was acknowledged before me this � ! day of June, 2017 by Brook Lenfest, as Manager o Charleston Estates Vero, LLC, a Delaware limited liability company, on behalf of the limited liability company. He is personally known to me or L I has produced a driver's license as identification. [Notary Seal] Notary PublicCOMMON" OF PENNSYLVAN A NOTARIAL SEAL TPACY W COYLE Notary PulVc WEIT COWN00OWN SONO. MONTGOMERY CNTY My Caatiaala Egltas Aug 18. 20120 Warranty Deed- Page 3 Printed Name: l ra L y lw-Lay/c" My Commission Expires: F f l i/2 0 DoubloTlmse 1038 Boyle & Drake, Inc. SALE TWO 1039 Boyle & Drake, Inc. 3120191X).48692 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERIC OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3244 PG: 452,10!7/2019 4:25 PM D DOCTAX PD $48,3000) PREPARL•D BY AND RrTUPN TO: CHRISTOPHER A. JONES, ESQ. VISTA TITLE INSURANCE AGENCY, INC. Pos'l OrrlcEBox 10,475 LAKE BUENA VIS I'A, FLoRmA 32830 [Parcel C, Florida Beach Resort Planned nevalopmeetl Taxable Consideradon/Documentary Stamp Tax (S.70/S100): - S48,300.00 Parcel ID; 313926000030000000000.1 77flS SPACE FOR RECORDERS USE SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made effective as of this?,!!! day of (7V,z.n&F, n - _ _ 2019, by and between WALT DISNEY PARKS AND RESORTS U.S., INC., a Florida corporation (formerly known as Lake Ruena Vista Communities, Inc., a Delaware corporation), hereinafter called "Grantor," and GRBK GHO NORTH REACH, LLC, a Florida limited liability company, hereinafter called "Grantee" The words "Grantor" and "Grantee" include the neuter, masculine and feminine genders, and the singular and the plural. The mailing address of Grantee is 590 NW Mercantile Place, Port St. Lucie, FL 34986, Attn: Rill Handler. WITNESSETH• FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid to Grantor by Grantee at and before the execution, sealing and delivery hereof, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents docs grant, bargain, sell, alien, convey and confirm unto Grantee, and the successors, legal representatives and assigns of Grantee, all that tract or parcel of land lying and being in Indian River County, Florida, being more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"); TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anyway thereunto appertaining. TO HAVE AND TO HOLD the same in fee simple forever. THIS CONVEYANCE IS SUBJECT TO all encumbrances, charges, covenants, easements, restrictions and other matters set forth on Exhibit "B" attached hereto and incorporated herein by this reference. EXCEPTING AND RESERVING unto Grantor (for the benefit of Grantor and its affiliates, successors and assigns), the casements and rights set forth on Exhibit "C" attached hereto and incorporated herein by reference. AND GRANTOR DOES HEREBY specially warrant the title to said Property, except as to the matters noted above, unto Grantee and Grantee's successors and assigns, and will defend the same against every person whomsoever lawfully claiming against the same or any part thereof by, through or under Grantor, but not otherwise. 1040 Boyle & Drake, Inc. BK: 324.1 PG: 453 IN WITNESS WHEREOF, Grantor has caused its duly authorized corporate officer to execute this instrument under seal and to deliver this instrument to Grantee, all the day and yeq first written above. Signed scaled and delivered in the presence of: �lhalttLt {�LATICo//11 STATE OF FLORIDA COUNTY OF ORANGE W�PARKS n INC.a�tofda corporation By: VIP Printed Name: Title: 11 C Pa" td - an (CORPORATE SEAL) 11.S., The foregoing insUmment was acknowledged before me this JZf day of Qt -'t "A. , 24 , by Gr. A. &Aoss , as Ns AO"n of WALT DISNEY PARKS AND RESORTS U.S., INC., a Florida corporation, on behalf of the Said corporation. He/She is limsonally known to me. A , _ 1 ---ti State of Florida Notary Public (NOTARIAL SEAL) �►'� NdaryAubtic8ta16dMkdtlr S�antAi R Bruehl A'=a w a My Cnmmuslon GG a4286A O �/ EMpirec 06/11IIU23 1041 Boyle & Drake, Inc. BK: 3244 PG: 454 Exhibit "A" The Westerly portion of Parcel C, Florida Beach Resort Planned Development, according to the plat thereof, as recorded in Plat Book 14, Page 30, of the Public Records of Indian River County, Florida, being more particularly described as follows: Beginning at the Northwest comer of said Parcel C; Thence, bearing South 89°58'57" East, along the North line of said Parcel C, a distance of 420.85 feet to a Point; Thence, leaving said North line, bearing South 00°00'48" West, along Parcel C, a distance of 180.14 feet to a Point; Thence, bearing South 89°58'57" East, along Parcel C, a distance of 330.00 feet to a Point; Thence, bearing South 62°15'35" Fast, a distance of 271.36 feet to a Point; Thence, bearing South 00'06'50" East, a distance of 259.26 feet to a Point; Thence, bearing South 31 °22'58" West, a distance of 188.50 feet to a Point; "!'hence, bearing South 00°06'50" Past, a distance of 110.19 feet to a Point; Thence, bearing South 50°31'44" East, a distance of 90.05 feet to a Point; Thence, bearing North 89°30'31" East, a distance of 139.09 feet to a Point; Thence, bearing South 00°06'50" East, a distance of 351.54 feet to a Point on the South line of said Parcel C; '!'hence, bearing North 89"59'25" West, along said South line, a distance of 1098.62 feet to a Point on the West line of said Parcel C; Thence, bearing North 00°11'42" West, along said West line, a distance of 1244.47 feet to the Point of Beginning. 1042 Boyle & Drake, Inc. BK: 3243 PG: 455 Exhibit `B" Permitted Title Exceptions 1. All applicable building codes, governmental rules and regulations, zoning laws, and all other limitations, restrictions or requirements imposed by any applicable federal, state or local law, rule, regulation or ordinance. 2_ Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 3. Declaration of Covenants, Conditions, Restrictions, Easements and Obligations recorded by Grantor on or about the date hereof. 4. Matters shown on the plat of FLORIDA BEACH RESORT PLANNED DRVELOPME,N'f as recorded in Plat Book 14, Page 30. 5. Matters shown on that certain Boundary Survey prepared by Carnahan Proctor & Cross bearing Project Number 190417 and dated September 26, 2019. 6. Grant of Easement to North Beach Water Company by instrument recorded October 30, 1986 in Book 750, Page 1688; re-recorded November 19, 1986 in Book 752, Page 221; and Grant of Easement recorded February 23, 1987 in Book 761, Page 223. 7. Master Declaration of Covenants, Conditions and Restrictions recorded September 30, 1994 in Book 1035, Page 1179; re-recorded October 14, 1994 in Book 1036, Page 2576; First Amendment to Master Declaration of Covenants, Conditions and Restrictions recorded May 6, 1996 in Book 1102, Page 2571; Second Amendment to Master Declaration of Covenants, Conditions and Restrictions recorded September 7, 2006 in Book 2075, Page 1566; and Third Amendment recorded on or about the date hereof. 8. Conservation Easement in favor of Indian River County, a political subdivision of the State of Florida recorded November 17, 1994 in Book 1039, Page 2594. 9. Easement Agreement recorded in Book 732, Page 2051, as modified by Modification of Easement Agreement recorded November 28, 1988 in Book 815, Page 2533. 10. Declaration of Covenants, Conditions, Restrictions, Easements and Obligations recorded September 7, 2006 in Book 2075, Page 1598. 11. Easement reservations contained in Special Warranty Deed recorded September 7, 2006 in Book 2075, Page 1646. 12. Easement Agreement by and between Ocean Sands -Vero, LLC, a Florida limited liability company and Walt Disney World Hospitality & Recreation Corporation, a Florida corporation recorded in Book 2075, Page 1655; as affected by Assignment recorded on or about the date hereof. 13. Access Easement Agreement by and between Ocean Sands -Vero, 11.C, a Florida limited liability company and Walt Disney World hospitality & Recreation Corporation, a Florida corporation recorded in Book 2075, Page 1668; as affected by Assignment recorded on or about the date hereof. All of the Public Records of Indian River County, Florida. 1043 Boyle & Drake, Inc. BK: 3244 PG: 456 Exhibit "C" A. A non-exclusive easement in perpetuity for the purpose of constructing, installing, erecting, placing, burying, operating, maintaining, repairing or replacing underground utilities on, over, under and/or through any unimproved portion of the Property (for purposes of this Special Warranty Deed, parking lots, landscaped areas, curbs, sidewalks, walkways, driveways and roadways shall be considered unimproved portions of the Property), and/or to alter the alignment of any existing utilities on any unimproved portion of the Property. For purposes of this Exhibit "C", "unimproved portions ofthe Property" shall not include portions of the Property that may initially be unimproved but which are intended for development of vertical improvements subject to and accordance with the Declaration of Covenants, Conditions, Restrictions, Easements and Obligations executed by Grantor and recorded in the Official Records of Indian River County, Florida, on or about the date of recording of this Special Wananty Deed. B.. A non-exclusive easement in perpetuity over, through, under, along and across the unimproved portions of the Property ("Easement Area") reasonably necessary for the purpose of maintaining, repairing, inspecting, constructing and reconstructing, extending, enlarging, altering, operating, upgrading, replacing and removing a well and all of the aboveground and underground lines, pumps, cables, pipes, wires, conduits, meters, conductors and all related Connections, facilities, and equipment appurtenant or necessary thereto (including, without limitation, valves, pumps and transformers) (collectively, the "Well and Appurtenant Facilities") used for extracting water and/or conveying water from the well to, as desired by Grantor and its affiliates and successors and assigns in their sole discretion, (i) the pond located on property located adjacent to the Property and any expansion thereof into the Property, and/or (ii) any other property, and vehicular and pedestrian access, ingress and egress for such uses, benefits and purposes. The conveyance of the Property does not include (and expressly excludes) the conveyance or transfer of ownership ofthe Well and Appurtenant Facilities or any interest in the water removed from or capable of being removed from such well and all right, title and interest therein and thereto shall be and remain in Grantor (and its affiliates and successors and assigns). Except as may be expressly provided in a separate written agreement, neither Grantee nor is successors or assigns shall not have any right to direct or restrict the manner in which Grantor or its successors and assigns operate the Well and Appurtenant Facilities or use the water removed or capable of being removed therefrom C. A non-exclusive and perpetual easement for reasonable vehicular and pedestrian access to, on and from the Property, in order to perform any of the rights, permitted activities or obligations set forth above; and a non-exclusive and perpetual easement for reasonable vehicular and pedestrian access over, upon and across the Property, if necessary, to obtain access onto any property owned or controlled by Grantor (or its affiliates, successors or assigns) adjacent to the Property. D. In connection with the exercise of any of the aforesaid casements, Grantor (and its affiliates, successors and assigns, as the case may be) shall: (i) cause all work to be performed in such a manner that does not materially and adversely affect or interfere with the use and enjoyment of the Property by Grantee (provided that such use and enjoyment is in compliance with all covenants, conditions and restrictions affecting the Properly); and (ii) Grantor (and its affiliates, successors and assigns, as the case may be) shall promptly repair or restore any damage or destruction of any improvements, parking lot, landscaped area, walkway or roadway to the condition existing prior to any activities on the Property by Grantor in connection with the aforementioned rights. E. Notwithstanding the aforesaid easements reserved unto Grantor in this Exhibit "C". Grantee shall have the right to improve the easements areas with paving, curbing, sidewalks, street lighting, landscaping, irrigation facilities and other similar type of improvements (but not any buildings or 1044 Boyle & Drake, Inc. BK. 3244 PG: 457 other structures) as Grantee may elect to construct, as long as such improvements do not unreasonably interfere with the development, construction use and enjoyment of such easement areas by Grantor (and its affiliates, successors and assigns) as contemplated herein. 1045 Boyle & Drake, Inc. SALE THREE 1046 Boyle & Drake, Inc. 312022IM121773 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3528 PC: 64,4/5/2022 2:07 PM D DOCTAX PD S31,10LW Prepared by and return to: Block & Scarpa 601 21st Street Suite 401 Vero Beach, FL 32960 772-794-1918 File Number: 8314.000025 Above This Linc For Recording Warranty Deed This Warranty Deed made this 5th day of April, 2022 between Premier Citrus LLC, a Florida limited liability company whose post office address is P.O. Box 690997, Vero Beach, FL 32969, grantor, and Island Manor Development, LLC, a Florida limited liability company whose post office address is 550 Beach Road, Unit 218, Indian River Shores, FL 32963, grantee: (Wlienewr used bacin the tennis "grantor" mid 'grantee' include all the parties to this instrument mid die heirs, legal reprcsetnatives, and assigns or individuals, and die successoa and assigns ofeorporatio,a. trusts and tntsums) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns Forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: PARCEL A: The South 284.2 feet or Government Lot 10, Section 26, Township 31 South, Range 39 East, and also, all of the South 430 feet of Government Lot 11, Section 26, Township 31 South, Range 39 East, all situated in Indian River County, Florida, excepting from the lands in Lot 1166/100 of an acre in the Northwest corner described as follows: Beginning at a stake on the line between Government Lots 10 and 11, 264.2 feet North of the South line of said Section 26; thence run East 196 feet; thence run North 145.8; thence run West 196 feet to the West line of said Lot 11; thence run South 145.8 feet to the point of beginning. (Said exception being included in Parcel B hereinafter described.) Also excepting from said Parcel A the following described land, to -wit: Beginning at a stake on the East edge of the Indian River 284.2 feet North of the South litre of said Section 26; thence run East 250 feet to a stake; thence run South 100 feet; thence run West 221.2 feet to a stake on the East edge of the Indian River; thence run North with the East edge of the Indian River to the Point of Beginning, in Indian River County, Florida. PARCEL B: Beginning at a stake 284.2 feet North of the South line of Section 26, Township 31 South, Range 39 East, and on the line between Government Lots 10 and 11; thence run East 196 feet to a stake; thence run North 210 feet to an iron pipe; thence run West 340 feet to a stake; thence run South 110.6 feet to a stake; thence run South 88°30' West 135.8 feet to a stake; thence run South 97.2 feet to a stake its the North line of Parcel A; thence run East 279.8 feet to the point of beginning, in Indian River County, Florida. LESS & EXCEPT (fiat Parcel described in Quit Claim Deeds recorded in 0. R. Book 1142, Page 1415 and 0. R. Book 1142, Page 1413, public records of Indian River County, Florida. TOGETHER WITH all right, title and interest of the owners of the above described property in and to that certain Easement Agreement dated June 12, 2003 and recorded in Official Record Book 1623, Page 2869, public records of Indian River County, Florida. Parcel Identification Number: 31392600000010000008.0 OoubleTimer' 1047 Boyle & Drake, Inc. BK: 3528 PG: 65 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2021. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 14 �0 tJ—t4l� it essName: :;rwrs aE itnessNamc: CLt- State of Florida County of Indian River Premier Citrus LLC, a Florida lit ited liability company By: alter "1 '. r., dent The foregoing instrument was acknowledged before me by means of [X] physical presence or U online notarization, this day of April, 2022 by Walter T. Jerkins Jr., President of Premier Citrus Managment, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or [X] lots produced a driver's license as identification. [Notary Seal]N ublic rinsed Name: f�7G/ n ��t Z- rr'�u'e•Al,,) ..JOY LYNN HERNANOEZ �,a `F'ti NatM Public - State of Florida My Commission Expires: Cammtsslan a HH 214!37 w n% My Comm. Expires Apr 25, 2026 Bonded through National Notary Assn. Hl.rragv Lked - Page 2 DoubleTime- 1048 Boyle & Drake, Inc. QUALIFICATIONS OF THE APPRAISER 1049 Boyle & Drake, Inc Qualifications of the Appraiser Stephen M. Boyle, MAI State Certified General Real Estate Appraiser RZ 3470 Academic Education Bachelor of Science in Business Administration -Finance, Minor — Economics University of Central Florida Spring 2007 Real Estate Appraisal Classes Steve Williamson AB 1 Lake Mary, Fl Completed May 2003 WREC Real Estate School AB H Orlando, Fl Completed October 2006 IFREC Real Estate School 15 Hour USPAP Orlando, Fl Completed October 2006 Appraisal Institute General Site Valuation Orlando, Fl Completed October 2008 and Cost Approach Appraisal Institute General Sales Comparison Approach Orlando, Fl Completed February 2009 Appraisal Institute General Market Analysis and Highest & Best Use Orlando, Fl Completed August 2009 Appraisal Institute Real Estate Finance, Statistics, and Valuation Modeling Miami, Fl Completed September 2009 Appraisal Institute Advanced Sales Comparison and Cost Approach, Orlando, Fl Completed November 2009 Appraisal Institute General Report Writing and Case Studies Ft. Lauderdale, Fl Completed March 2010 Appraisal Institute General Income Approach Part I Orlando, Fl Completed March 2010 Appraisal Institute General Income Approach Part H Orlando, Fl Completed June 2010 Appraisal Institute Advanced Income Capitalization Louisville, Ky Completed October 2012 Appraisal Institute Advanced Concepts & Case Studies Ft. Lauderdale, Fl Completed March 2013 1050 Boyle & Drake, Inc Numerous real estate related courses were completed at the University of Central Florida including Real Estate Law, Real Estate Investment Analysis, Basics of Real Estate Appraisal, Price Theory, Urban and Regional Economic Issues. Proficient in Argus Software Continuing Education consists of a minimum of 30 hours every two years as required by the Florida Real Estate Appraisal Board. Professional Experience Boyle and Drake Inc. 4/09 to present 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 Commercial Real Estate Appraiser Integra Realty Resources -Orlando 3/06 to 4/09 28 W. Central Boulevard Suite 300 Orlando, Florida 32801 Commercial Real Estate Appraiser Boyle and Drake Inc. 6/03 to 12/05 (Part Time) 3305 Flamingo Drive Vero Beach, Florida 32963 Residential Real Estate Appraiser Types of Appraisals Completed Commercial/Industrial/Retail/Special Purposes Distribution/Storage/Manufacturing Warehouses Office Rental Studies Vacant Land (All Types) Office Buildings Insurance Replacement Cost Reports Apartment Complexes Residential Developments Restaurants Bed & Breakfast Branch Banks Lodging Facilities Wetlands/Conservation Lands Automobile Dealerships Mini Storage Condemnation/Inverse Condemnation GSA Fair Annual Rent Studies Shopping Centers Private Schools Religious Facilities Mobile Home Parks Mixed Use Developments Grocery Stores Condominiums Auto Body Shops Leasehold Interest Cell Towers Land Encumbered by CDD/SAD Bonds Ground Leases Developments of Regional Impact (DRI) Billboards Correctional Facilities Wildlife Sanctuaries 1051 Boyle & Drake, Inc Professional Affiliations & Licenses Member of the Appraisal Institute State of Florida Certified General Real Estate Appraiser RZ 3470 1052 QUALIFICATIONS OF APPRAISER JOHN B. THOMPSON State Certified General Real Estate Appraiser #RZ2891 Pertinent Appraisal Education: • Real Estate Principles and Practice • Real Estate Law and Financing • SREA course 101 - Introduction to Appraising Real Property • SREA course 102 - Applied Residential Property Valuation • SREA course 201 - Principles of Income Property Appraising • SREA course 202 - Applied Income Property Valuation • Institute course 1A -B - Capitalization Theory & Techniques • Standards of Professional Practice - A & B • FREAB Certified General Appraisal Course III — AB3 • Appraisal Institute Course 300 — Apartment Appraisal: Concepts & Applications • Appraisal Institute Course 410 — National USPAP • Appraisal Institute Course 420 — Professional Practice and Ethics • Real Estate Finance Statistics and Valuation Modeling • 30 -hours biennial Appraiser Continuing Education Courses - Most recently completed June 28' -30th, 2024. [3 -hours Florida law update, 7 -hours USPAP (Uniform Standards of Professional Appraisal Practice) update, 15 -hours Solving Valuation Problems, and 5 -hours of Appraisal Equity Diversity.] Live stream with Real Estate Education Specialists] 1053 Oualifications — John B. Thompson (Cont'd) Background and Professional Experience: • 72 -year resident of Indian River County, Florida. • Served in the United States Air Force 1967-1971 [Stationed in Panama and Oklahoma City — Tinker AFB] • Over 50 years of real estate lending / appraisal experience as staff appraiser, review appraiser, commercial mortgage officer and senior lending officer. Formerly with Indian River Federal Savings & Loan Association, Vero Beach, Fl.; United Savings of America, Melbourne, Fl.; and BankBoynton, Boynton Beach, Fl. • Staff appraiser - Albert J. Tuttle, Inc., 115 E. New Haven Ave., Melbourne, FL. • 1997 to February 2007- Tuttle-Armfield-Wagner, Appraisal & Research, Inc., 115 E. New Haven Avenue, Melbourne, Fl. Current Position: • March 2007 to present — Independent Contractor Real Estate Appraiser — Boyle & Drake, Inc. Types of Appraisal Experience: Acreage Tracts Commercial Retail Properties Easement Parcels Eminent Domain Appraisals Industrial Properties Marinas Mitigation Banks Multifamily Properties Residential Properties Shopping/Power Centers Surgery Centers Wetlands Apartment Complexes Day Care Centers Environmentally Sensitive Lands Hotels Leasehold Interests Medical Offices/Clinics Motels Office Buildings Special Purpose Properties Subdivision/Development Warehouses 1054 Commercial Contract 41 FIoridaRealtors- 1 1. PARTIES AND PROPERTY: Indian River County ("Buyer") 2 agrees to buy and Island Manor Development, LLC ("Seller") 3 agrees to sell the property at: 4 Street Address: 1350 Island Club Manor, Vero Beach, FL 32963 5 6 Legal Description: 19.6 Acres of Land located at 1350 Island Club Manor, Vero Beach, FL 32963 consisting of parcel 7 number: 31392600000010000008.0 8 and the following Personal Property: s 10 (all collectively referred to as the "Property") on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $ 5,850,000.00 12 (a) Deposit held in escrow by: NIA $ 0.00 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: Phone: 15 (b) Additional deposit to be made to Escrow Agent 16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 17 ❑ within days after Effective Date $ 0.00 18 (c) Additional deposit to be made to Escrow Agent 19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 20 ❑ within days after Effective Date $ 0.00 21 (d) Total financing (see Paragraph 5) $ 0.00 22 (e) Other - $ 23 (f) All deposits will be credited to the purchase price at closing_ 24 Balance to close, subject to adjustments and prorations, to be paid 25 via wire transfer. $ 5,850,000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before October 21, 2025 , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days, based on where the Property is located, will be used when 34 computing all time periods. Other than time for acceptance and Effective Date as set forth above, any time periods 35 provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, ending 36 or occurring on a Saturday, Sunday, national legal holiday, or a day on which a national legal holiday is observed will 37 extend to the next calendar day which is not a Saturday, Sunday, national legal holiday, or a day on which a national 38 legal holiday is observed. Time is of the essence in this Contract. 39 4. CLOSING DATE AND LOCATION: Buyer ( _) and Seller 9—)( ) acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. CC -6 Rev. 3125 02025 Florida Realtors# Serial#: 096857300175-7104380i3form Asimplicity 1055 40 (a) Closing Date: This transaction will be closed on 30 Days after Due Diligence Ends (Closing Date), unless 41 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods 42 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended 43 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 44 the insurance underwriting suspension is lifted. 45 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the 46 county where the property is located.) Closing may be conducted by mail or electronic means. 47 5. THIRD PARTY FINANCING: 48 BUYER'S OBLIGATION: On or before N/A days (5 days if left blank) after Effective Date, Buyer will apply for third 49 party financing in an amount not to exceed N/A% of the purchase price or $0.00 , with a fixed 60 interest rate not to exceed N/A% per year with an initial variable interest rate not to exceed N/A%, with points or 51 commitment or loan fees not to exceed N/A% of the principal amount, for a term of N/A years, and amortized 52 over N/A years, with additional terms as follows: 53 Cash Purchase, No Financing Required 54 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 55 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left 56 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close 57 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 58 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 59 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable so diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) 61 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 62 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 63 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 64 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 65 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 66 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 67 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both 68 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 69 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 70 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 71 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 72 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre - 73 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 74 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ❑x statutory warranty 75 deed ❑ special warranty deed ❑ other , free of liens, easements and 76 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 77 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 78 matters to which title will be subject) 79 80 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 91 Property as 82 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 83 and pay for the title search and closing services. Seller will, at (check one) ❑ Seller's ❑x Buyer's expense and 84 within 5 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 85 ❑ (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 86 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 87 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 88 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. Xx (ii.) an 89 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 90 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed Buyer ( ) (__) and Seller R) ( acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. cc -6 Rev. 3/25 @2025 Florida Realtorse Sed2l#- 096657300175.7104360 Form Simplicity 1056 91 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 92 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or 93 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 94 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title. 95 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 96 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 97 Buyer delivers proper written notice and Seller cures the defects within 5 days from receipt of the notice 98 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 99 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 100 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 101 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 102 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept 103 title subject to existing defects and close the transaction without reduction in purchase price_ 104 (c) Survey: (check applicable provisions below) 105 ❑x Seller will, within days from Effective Date, deliver to Buyer copies of prior surveys, los plans, specifications, and engineering documents, if any, and the following documents relevant to this 107 transaction: 108 109 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 110 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 111 date this Contract is terminated. 112 ❑x Buyer will, at ❑ Seller's Q Buyer's expense and within the time period allowed to deliver and examine 113 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 114 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 115 accept the Property with existing encroachments Q such encroachments will constitute a title defect to be 116 cured within the Curative Period, 117 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 11e 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 119 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 120 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 121 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 122 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 123 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $0.00 (1.5% of 124 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 125 defects in the Property. (Check (a) or (b)) 126 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 127 condition. 128 ❑x (b) Due Diligence Period: Buyer will, at Buyer's expense and within 60 days from Effective Date ("Due 129 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 130 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 131 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, 132 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 133 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 134 state and regional growth management and comprehensive land use plans; availability of permits, government 135 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 136 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 137 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 138 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 139 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 140 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 141 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 142 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 143 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from 144 liability to any person, ori in from the conduct of any and all inspections or any work authorized by Buyer. Buyer Buyer and Setter ) (_) acknowledge receipt of a copy of this page, which is Page 3 of 8 Pages. CC -6 Rev. 3125 02025 Florida Realtors° Serial#: 095857-300175-7104380 n Frm S''Ji m pl i city 105/ 145 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 146 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the 147 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 148 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 149 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 150 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 151 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 152 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 153 to ensure that all Property is on the premises. 154 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 155 business conducted on the Property in the manner operated prior to Contract and will take no action that would 156 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 157 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted x[] only with 158 Buyer's consent ❑ without Buyer's consent. 159 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 160 the norms where the Property is located. 161 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 162 closing. Seiler will provide keys, remote controls, and any security/access codes necessary to operate all locks, 163 mailboxes, and security systems. 164 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 165 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 166 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 167 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 168 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 169 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 170 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 171 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 172 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 173 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 174 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 175 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 176 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 177 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 178 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 179 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 180 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 181 mortgages and notes, security agreements, and financing statements. 182 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 183 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 184 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing_ If the 185 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 186 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 187 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 188 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 189 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 190 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 191 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 192 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 193 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 194 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 195 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 196 does not apply to condominium association special assessments. Buyer ( _) () and Seller �L—) acknow[edge receipt of a copy of this page, which is Page 4 of 8 Pages, CC -6 Rev. 3125 02025 Florida Rea_I_tors_6 Serial#.098857-300175-7104380�.�. Form 1058 Simplicity 197 (f) Foreign Investment in Real Property Tax Act (FIRPTA): if Seller is a "foreign person" as defined by FIRPTA, 198 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 199 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply 200 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 201 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 202 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 203 requirement. 204 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 205 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 206 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 207 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 208 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 209 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 210 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 211 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 212 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 213 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 214 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 215 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 216 in favor of the prevailing party. 217 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 218 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non - 219 complying party specifying the non-compliance. The non -complying party will have 5 days (5 days if left blank) after 220 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 221 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 222 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 223 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 224 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 225 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 226 non-performing party is unable in whole or in part to prevent or overcome. Ail time periods, including Closing Date, will 227 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 228 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 229 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other 230 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 231 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 232 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 233 will be returned in accordance with applicable Florida Laws and regulations. 234 14. DEFAULT: 235 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 236 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 237 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 238 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 239 brokerage fee. 240 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) 241 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 242 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 243 specific performance. if Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) 244 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 245 waiving any remedy for Buyer's default. 246 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 247 prevailing parry, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 248 attorneys' fees, costs, and expenses. 249 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 250 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC -6 Rev. 3125 02025 Florida Realtors% se0aw. 09IB57-300175-71e4380 - - - - - - - -- -- Form 1059s mplicity 251 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 252 representing a party will be as effective as if given by or delivered to that party 253 17. DISCLOSURES: 254 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 255 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 256 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 237 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 258 attach to any interest in real property. This lien right cannot be waived before the commission is earned. 259 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 260 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 261 liens, if any, shall be paid as set forth in Paragraph 9(e). 262 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 263 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 264 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 265 and radon testing may be obtained from your county public health unit. 266 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 267 Section 553.996, Florida Statutes. 268 18. RISK OF LOSS: 269 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 270 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to 271 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 272 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 273 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 274 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 275 the Buyer_ 276 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 277 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 278 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 279 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 280 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate 281 with and assist Buyer in collecting any such award. 282 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑ is not 283 assignable ❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 284 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This 285 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 286 assignment is permitted). 287 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 288 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 289 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 290 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 291 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 292 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 293 construed under Florida law and will not be recorded in any public records. 294 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 295 licensed real estate Broker other than: 296 (a) Seller's Broker: (Company Name) (Licensee) 297 (Address, Telephone, Fax. E-mail) 298 who ❑ is a single agent ❑ is a transaction broker E] has no brokerage relationship and who will be compensated by 299 El Seller ❑ Buyer L] both parties pursuant to ❑ a listing agreement ❑ other (specify) 300 301 302 (b) Buyer's Broker:/Colliers International Gerard Yetming Buyer () () and Seller acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages. CC -6 Rev. 3125 ®2025 Florida Realtors _ _ _.................... SedaIN: 096857300175.7104380Form m Simplicity 1060 (Company Name) (Licensee) 303 801 Brickell Ave, Ste 900, Miami, FL 305 342 5059 gerard.yetming@coliiers.com (Address, Telephone, Fax. E-mail) 304 who ❑ is a single agent ❑x is a transaction broker ❑ has no brokerage relationship and who will be compensated by 305 ❑ Seller's Broker ❑ Seller P Buyer ❑ bothparties pursuant to ❑ other (specify) 306 This contract at 4°/o of the purchase price payable at closing 307 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 308 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 309 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 310 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 311 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 312 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 313 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 314 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 315 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 316 this Contract): 317 ❑ (A) Arbitration ❑ (E) Seller Warranty ❑ (1) Existing Mortgage 318 ❑ (B) Section 1031 Exchange ❑ (F) Coastal Construction Control Line ❑ (J) Buyer's Attorney Approval 319 ❑ (C) Property Inspection and Repair ❑ (G) Flood Area Hazard Zone ❑ (K) Seller's Attorney Approval 320 ❑ (D) Seller Representations ❑ (H) Seller Financing ❑ Other 321 23. ADDITIONAL TERMS: 322 This contract is contingent upon approval by the Indian River County Board of County Commissioners after review of 323 bond counsel to ensure compliance with the terms of bonds. 324 325 326 327 328 329 330 331 332 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 333 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 334 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 335 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 336 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 337 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER 338 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 339 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 340 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 341 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 342 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 343 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. Buyer ( ) �_ _) and Seller A /)L---) acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. CC -6 Rev. 3125 02025 Florida RealtcW Sepal#: 096857300175-7104380 rAForm _ Simplicity 1061 344 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 345 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 346 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 347 to do so. 348 349 350 351 352 353 354 355 356 ATTENTION: SELLER AND BUYER CONVEYANCES TO FOREIGN BUYERS: Part III of Chapter 692, Sections 692.201 - 692.205, Florida Statutes, 2023 (the "Act"), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by certain buyers who are associated with a "foreign country of concern", namely: the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic. It is a crime to buy or knowingly sell property in violation of the Act. At time of purchase, Buyer must provide a signed Affidavit which complies with the requirements of the Act. Seller and Buyer are advised to seek legal counsel regarding their respective obligations and liabilities under the Act. 357 Date: (Signature of Buyer 358 Tax ID No.: (Typed or Printed Name of Buyer) 359 Title: Telephone: 360 Date: (Signature of Buyer 361 Tax ID No.: (Typed or Printed Name of Buyer) 362 Title: Telephone: 363 Buyer's Address for purpose of notice 364 Facsimile: 4 Email: 365 Date: �o (Signature/6f Seller) 366 1,5�[11rrb PlAi✓ g_ LoF1tifEA/T LLQ Tax ID No.: (Typed or Printed Name of Seller) 367 Title: Telephone: 368 Date: (Signature of Seller) 369 Tax ID No.: (Typed or Printed Name of Seiler) 370 Title: Telephone: 371 Seller's Address for purpose of notice: 372 Facsimile: Email: Florida REALTORS° makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR`. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS°and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer L _ _} (^_) and Seller acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CC 8 Rev. 3125 9)2025 Florida Realtors% sedatk: 09tiW400175-7104390 jorm tmplicity ADDENDUM TO CONTRACT THIS ADDENDUM TO CONTRACT dated this _ day of September, 2025, is attached to and made a part of that certain Commercial Contract of even date herewith (the "Contract") by and between INDIAN RIVER COUNTY, as "Buyer", and ISLAND MANOR DEVELOPMENT, LLC, a Florida limited liability company, as "Seller In the event of any conflict or inconsistency between the terms and provisions of the Contract and this Addendum to Contract (the "Addendum"), the terms and provisions of this Addendum shall be construed to control and prevail. Capitalized terms appearing in this Addendum shall have the same meaning as said terms are given within the Contract. The Contract and this Addendum are hereinafter sometimes collectively referred to as the "Agreement". I . AMENDMENTS TO CONTRACT: The parties agree as follows: a. The first sentence of Section 4(a) of the Contract is hereby amended and restated as following: This transaction shall close within twenty (20) days following expiration of the Due Diligence Period. b. Section 4(b) of the Contract is hereby amended such that of the Contract is hereby amended such that the parties hereby agree that this transaction shall be closed in Indian River County or St. Lucie County, Florida at the law offices of Dean, Mead, Minton & Moore (in such county), or as otherwise agreed upon between the parties and approved by title agent. C. The first paragraph in Section 6 of the Contract is hereby amended such that Seller shall convey the Property to Buyer by a Special Warranty Deed. d. Section 6(a) of the Contract is hereby amended to reflect that Buyer has selected Dean, Mean, Minton & Moore to be the title agent and closing agent under the contract ("Title Agent"). Title Agent shall obtain and deliver to Buyer (at Buyer's sole cost and expense) a title commitment within fifteen (15) days of the Effective Date. The second and third sentences of Section 6(a) of the Contract are hereby deleted and replaced with the following: "In the event Seller has an owner's policy issued in the ten (10) years prior to the Effective Date, it shall deliver the same to Buyer and Title Agent within five (5) days from the Effective Date." e. Section 6(c) of the Contract is hereby amended such that Buyer and Seller agree that the only due diligence items in Seller's possession to be provided to Buyer under this section are the following: 5925513.v2 (i) Survey dated February 4, 2025 prepared by Indian River Survey, Inc.; (ii) Tortoise Survey dated May 2, 2023 prepared by Florida Environmental Consulting, Inc; and (iii) EIR and Tortoise Report dated May 11, 2023 prepared by Florida Environmental Consulting, Inc. 1063 2. PROVISION OF NOTICE(S). Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been given, delivered and received when either (a) delivered in person to the agents designated hereinbelow for that purpose; (b) when sent via telefax, to the fax numbers indicated below, as confirmed by electronic receipt, (c) on the first business day after delivery to an overnight courier (e.g. FedEx, UPS, DHL) as evidenced by the sender's copy, addressed as set forth hereinbelow; or (d) three (3) days after deposited in the United States Mail, by certified mail, postage prepaid, return receipt requested, addressed to the other party. The addresses of the parties are as follows: TO SELLER: ISLAND MANOR DEVELOPMENT, LLC 550 Beach Road, Unit 218 Indian River Shores, Florida 32963 Attn: Alan Wilkinson, Manager WITH COPY TO: Dean, Mead, Minton & Moore 3240 Cardinal Drive, Ste. 200 Vero Beach, Florida 32963 Attn: John Moore, Esq. TO BUYER: INDIAN RIVER COUNTY Notice sent to counsel for either party hereto, in the manner of delivery provided for herein, shall be effective as notice to such party. Any party hereto may, from time to time, give to the other party written notice, in the manner provided for herein, of some other address to which communications to such party shall be sent, in which event, notices to such party shall be personally delivered or sent in the manner set forth hereinabove to such address. 3. GOVERNING LAW: VENUE: WAIVER OF JURY TRIAL. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of any legal or equitable action arising under this Agreement, the venue of such action shall lie exclusively within the Nineteenth Judicial Circuit Court in Indian River County, and the parties hereto do hereby specifically waive any other jurisdiction and venue. The parties also hereby expressly waive all rights to trial by jury. 4. SEVERABILITY. The invalidity or unenforceability of any particular provision of this Agreement shall not, to the extent possible, affect the other provisions hereof, and this Agreement shall, to the extent possible, be construed and enforced in all respect as if such invalid or unenforceable provision had not been contained herein. 5. COUNTERPARTS. This Agreement may be executed in any number of identical counterparts each of which shall be deemed to be an original for all purposes but all of which 2 5925513.v2 1064 shall constitute one and the same instrument, and a copy of such signature received through telefax or electronic transmission shall bind the party whose signature is so received as if such signature were an original. In making proof of this Agreement, it shall not be necessary to produce or account for more of such counterparts than are required to show that each party hereto executed at least one such counterpart. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to Contract on the date shown below the signature of each. SELLER: ISLAND MANOR DEVELOPMENT, LLC By: '� A -- Print N e: Alan Wilkins n, Manager BUYER: INDIAN RIVER COUNTY By: Print Name: Title: 5925513.x2 1065 Indian River County, Florida * ' MEMORANDUM �ORI04' 1311 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-1010 Type: Department Staff Report Meeting Date: 10/21/2025 TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation, & Conservation Director FROM: Wendy Swindell, Parks, Recreation & Conservation Assistant Director DATE: October 8, 2025 SUBJECT: Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Winter Beach 731 BACKGROUND On March 8, 2022, the County Administrator provided the Indian River County Board of County Commissioners ("BCC") with a proposed resolution authorizing an Environmental Land Bond Referendum for the November 8, 2022, ballot. Resolution 2022-016 was passed by majority vote. The Resolution calls for a Bond Referendum Election for the issuance of general obligation bonds as follows: "To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits." The BCC established the Environmental Land Acquisition Panel (ELAP) as a nine -member group to review information provided during the application process and provide recommendations to the BCC regarding the prioritization of the acquisition of environmentally sensitive lands. The ELAP has held twenty meetings between August of 2023 and September of 2025. The County's environmental bond process allows the public to nominate properties for acquisition at any time during the year. Each nomination period is six months, at which time that period closes and nominated properties are ranked by the ELAP. The close of the first ranking period was on August 31, 2024. Throughout the process, staff and consultants have reached out to landowners to determine which parcels had owners wanting to have their property considered for acquisition through the environmental bond process ("willing sellers"). Owners of parcels nominated by the public were contacted via letter, email and telephone to determine whether the owner was a willing seller. The initial nomination period identified twenty- three nominations with willing sellers. Of these twenty-three nominations, sixteen nominations were submitted Indian River County, Florida Page 1 of 5 Printed on 10/16/2025 poIPag LegistarTM as "fee simple" nominations (County purchases the property outright), and seven were nominated as potential conservation easements. On January 14, 2025, the ELAP met to rank the nominated properties. Following the ELAP ranking, the properties were "Tiered" to prioritize the process of negotiations with landowners. On March 11, 2025, the Board of County Commissioners approved the ELAP Final Ranking and Tiered List of Nominations. At this meeting the Board authorized staff to pursue Tier 1 Ranked Properties for acquisition consistent with the ELAP's recommendation, including the authority to make conditional offers of purchase and sale subject to approval by the Board of County Commissioners, and in accordance with Florida Statute Section 125.355. Winter Beach 73rd is a Board approved Tier 1 property. The 36.99 -acre property is composed of two parcels located adjacent to the Indian River Lagoon (IRL), on the south of 73rd Street. The property consists of approximately 17.5 acres of uplands and 19.5 acres of wetlands associated with a mosquito impoundment. The environmental report that was prepared by Water & Air Research, Inc. for this site has been included as Attachment 1. The site is zoned RS -3 (Single Family Residential District (up to 3 units per acre) and RS -1 (Single Family Resiidential District (up to 1 unit per acre). Chapter V of the Environmental Lands Program Guide (ELPG) describes the factors to be used in the evaluation of nominated properties. During the March 11, 2025, Board meeting staff presented a summary of the evaluation factors for each willing seller property, including the Winter Beach 73' project. A brief summary of these factors with respect to the potential acquisition of this property is presented below. Evaluation Factor Project Assessment Natural Communities The restoration of native uplands and enhancement of mangrove wetlands would result in high quality habitat with increased biodiversity. Potential Habitat Habitat restoration and enhancement would provide high quality habitat Value directly adjacent to the IRL. Wildlife Corridor or The site abuts the Indian River Lagoon and St. John's River Water Greenway Management owned property to the south. Landscape Value The location adjacent to the Indian River Lagoon and the opportunity to restore and enhance wetland and upland habitat on the property are all beneficial landscape considerations for this site. Recreational & The potential to create walking trails, boardwalks, a possible kayak Educational Value launch, and educational programming opportunities are beneficial considerations for this project. Purchase Need vs. A "No Action" alternative to this site has the potential to result in Other Protection conversion to residential development based on the current zoning. Methods Vulnerability The potential for conversion to residential development exists. Wetlands on the east side of the property reduce the potential for development in that portion of the site. Indian River County, Florida Page 2 of 5 Printed on 10/16/2025 Po 1#617 Legistar'" Land Management Restoration and enhancement of habitats on this property would involve Constraints the re-establishment of native uplands and the enhancement of mangrove wetlands. Wetland enhancement may include increased hydrologic connection to the IRL and removal of invasive species. This habitat requires minimal land management once established. Enhancement of nearby uplands may involve invasive species removal and selective planting, which will require additional land management until upland areas become established. Cooperative Given the location adjacent to the Lagoon there are many opportunities Acquisition/Potential for cost share funding for both acquisition and habitat restoration. Grant Opportunities Favorable Market The site has one owner which resulted in less coordination for Conditions acquisition requirements and owner negotiations associated with the sale of the property. At the March 11, 2025, BCC meeting, the Board authorized staff to move forward with the next steps in the land acquisition process, which include obtaining two independent appraisals for the subject property, and to undertake purchase negotiations with the landowner based on these appraisals. Staff obtained two independent appraisals for this project (Attachment 2). The County's acquisition consultant coordinated with the landowner, and a sale price was negotiated. Pursuant to Section 125.355, F.S., once a landowner has accepted and executed a Purchase Agreement (Attachment 3), appraisal results and other confidential information may be released via Public Notice. The County completed the Public Notice of the availability for public review of the Winter Beach 73' appraisals on October 7, 2025. ANALYSIS When a county exercises its confidentiality right in purchasing real property, Section 125.355, F.S. requires that the county approves the purchase at a public meeting not less than 30 days after the appraisals are released and public notice of the meeting is given. Consistent with Chapter 125, F.S. requirements, this decision will be brought before the Board at the November 18, 2025, BCC meeting. The purchase option contract for this property that will be presented at the October 21, 2025, BCC meeting is summarized as follows: Purchaser: Indian River Board of County Commissioners Seller: John M. Luther Trustee under William M. Luther Irrevocable Trust Purchase Price: $1,590,000.00 Other Costs: Estimated to be $78,000 (appraisal costs, consultants acquisition fee, due diligence assessments) If the property is acquired, the County will pursue cost -share reimbursement of bond acquisition funds used for land purchase through a variety of opportunities such as Florida Communities Trust, Florida Forever, Land and Water Conservation Fund, and the Coastal Partner Initiative. The opportunities for grant funding towards public access improvements and restoration of habitat include many State and federal sources, including the Land and Water Conservation Fund, the Indian River Lagoon Council, the Coastal Partner Initiative, and the Florida Inland Navigation District. Should the property be acquired, the proposed use of the property would be for environmental conservation and passive public recreation. The property may be enhanced by re-establishment of native uplands and improved reconnection of mangrove wetlands to the IRL. A variety of recreation opportunities such as nature trails, Indian River County, Florida Page 3 of 5 Printed on 10/16/2025 P01#6 y LegistarTM wetland overlooks, environmental education and volunteer opportunities may be established on the property. The acquisition of land adjacent to the IRL aligns with the Bond Resolution as there would be many lagoon benefits provided including: (1) eliminating the potential for high intensity development in proximity to sensitive habitat in the IRL; (2) creating habitat adjacent to the IRL for wildlife that would use native upland habitat not present on the existing property; (3) potential for water quality improvement via the improved connection between the impoundment and the IRL; and (4) a resilient project that may be designed to withstand changing environmental conditions, thereby affording increased protection for the IRL. BUDGETARYIMPACT This is presented to provide informational only and therefore there is no budgetary impact for the Board to consider. PREVIOUS BOARD ACTIONS 20-1630 06/09/2020 Letter to BCC Re: 2020 Environmental Lands Bond Referendum and Trust for Public Land Report 22-0043 02/01/2022 Presentation from Ken Grudens, Executive Director, Indian River Land Trust, Re: Proposed 2022 Environmental Land Bond Referendum 22-0091 02/01/2022 Proposed 2022 Environmental Land Bond Referendum 22-0194 03/08/2022 Environmental Land Bond Referendum 22-0803 09/20/2022 Updated Draft Environmental Lands Program Guide for the November 2022 Environmental Land Bond Referendum 23-0202 03/07/2023 Indian River County Environmental Bond - Review Committee Selection Process 23-0264 03/28/2023 District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP) 23-0288 04/04/2023 District 4 Appointment to Environmental Lands Acquisition Panel (ELAP) 23-0403 05/16/2023 Appointment of James L. Connaughton ELAP 23-0492 06/06/2023 District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP) 23-0626 07/11/2023 Environmental Lands Acquisition Panel (ELAP) 23-0875 09/26/2023 Award of RFP 2023064 for Ecological Services in Support of the Environmental Land Acquisition Bond Process 23-1155 02/06/2024 Environmental Land Bond - Introduction to the ArcGIS Hub/Dashboard 23-1057 12/12/2023 Environmental Lands Acquisition Panel (ELAP) Recommendation for Finalization of Draft Environmental Lands Program (ELP) Guide 25-0193 02/25/2025 ELAP - District 4 Appointee - Member Resignation & Appointment 25-0319 03/11/2025 ELAP Ranking List of Environmental Lands Acquisition Properties for the Initial Nomination Period 25-0475 04/22/2025 Water & Air Research, Inc. Work Order Number 1, Amendment 2 for Ecological Services in Support of the Environmental Land Acquisition Board 25-0921 09/23/2025 Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Durrance Place 25-0922 09/23/2025 Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Hale Grove 25-0946 10/07/2025 Consideration of a Sale Agreement for the Purchase of the 21.89 acre Hale Grove site through the Environmental Lands Acquisition Bond 25-0947 Consideration of a Sale Agreement for the Purchase of the 11.74 -acre Durrance Place site through the Environmental Lands Acquisition Bond POTENTIAL FUTURE BOARD ACTIONS Board consideration to approve purchase of the "Winter Beach 731" project under the County Environmental Bond Program. Indian River County, Florida Page 4 of 5 Printed on 10/16/2025 poIgr §Y LegistarT STRATEGIC PLAN ALIGNMENT Quality of Life OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION This is presented for informational purposes only. Indian River County, Florida Page 5 of 5 Printed on 10/16/2025 poIcoo t egistar "" , y. v Al . u Prepared by: Water $ Air Research, Inc. 6821 Southwest Archer Road Gainesville, Florida 32608 Project No. 24-6442 - TM water & air RESEARCH, INC. 1072 TABLE OF CONTENTS Section Page 1.0 WINTER BEACH 73RD ST PROPERTY 1 8.0 OTHER CONSIDERATIONS 9 9.0 SUMMARY 10 1 Winter Beach 73rd Assessment.docx-111224 1073 1.1 LOCATION 1.2 SIZE 1.3 CURRENT AND FUTURE ZONING 1.4 PENDING ZONING CHANGES AND SPECIAL OVERLAY 1 1 1 DISTRICTS 1 2.0 VEGETATIVE COMMUNITIES 1 2.1 LAND USE AND LAND COVER 1 2.2 SOILS 3 2.3 HISTORICAL IMAGERY REVIEW 3 2.4 OFFSITE CONTINUITY OF NATURAL COMMUNITIES 5 3.0 RARE SPECIES 6 4.0 WETLANDS 7 4.1 AEREAL EXTENT AND CONNECTIVITY 7 4.2 ALTERATIONS 7 5.0 WATER RESOURCES 8 5.1 AQUIFER RECHARGE 8 5.2 WATER QUALITY 8 5.3 WATER ATTENUATION 8 6.0 CORRIDORS AND GREENWAYS 8 7.0 RESTORATION, LAND MANAGEMENT, HAZARDOUS MATERIALS, AND RECREATION 9 7.1 RESTORATION POTENTIAL 9 7.2 LAND MANAGEMENT POTENTIAL 9 7.3 HAZARDOUS MATERIALS 9 7.4 RECREATION AND EDUCATION OPPORTUNITIES 9 8.0 OTHER CONSIDERATIONS 9 9.0 SUMMARY 10 1 Winter Beach 73rd Assessment.docx-111224 1073 LIST OF TABLES Table Table 1 The amount of each altered land use type or natural community type on the Winter Beach 73rd St Property from the Florida Cooperative Landcover (CLC) Map (2023). Table 2 The animal species listed endangered, threatened, or that are tracked by Florida Natural Areas Inventory (FNAI) that have the potential to occur on the Winter Beach 73rd St Property. Table 3 The plant species listed endangered, threatened, or that are tracked by FNAI that have the po- tential to occur on the Winter Beach 73rd St Property. LIST OF FIGURES Figure Figure 1 The Location of the Winter Beach 73rd St Property within Indian River County, Florida Figure 2 The Florida CLC Map on the Winter Beach 73rd St Property Indian River County, Florida Figure 3 The Land Use and Natural Communities on the Winter Beach 73rd St Property Indian River County, Florida Figure 4 The Under -represented Natural Communities Mapped by FNAI for the Florida Forever Statewide Environmental Lands Acquisition Program That occur on the Winter Beach 73rd St Property Indian River County, Florida Figure 5 The Soil Types Found on the Winter Beach 73rd St Property Indian River County, Florida Figure 6 The Florida Fish and Wildlife Conservation Commission's Fish and Wildlife Research Institute Terrestrial Resources Geographic Information System Web Mapping Results for Species Ob- servations near the Assessment Property Figure 7 The Biodiversity Resource Priorities Model (CLIP 4.0) on the Winter Beach 73rd St Property Indian River County, Florida Figure 8 The National Wetlands Inventory (NWI) Wetlands and Federal Emergency Management Agency (FEMA) Flood Zones on the Winter Beach 73rd St Property Indian River County, Florida Figure 9 Groundwater Recharge Areas Critical to Springs, Sinks, Aquifers, Natural Systems, or Water Supply on the Winter Beach 73rd St Property Indian River County, Florida Figure 10 The Winter Beach 73rd St Property and the Conserved Lands in the Vicinity, Indian River County, Florida Figure 11 The Landscape Resource Priorities Model (CLIP 4.0) on the Winter Beach 73rd St Property Indian River County, Florida 11 Winter Beach 73rd Asmssment.docx-111224 1074 1.0 WINTER BEACH 73RD ST PROPERTY The Winter Beach 73rd St Property, Environmental Bond Nomination Number 24, was nominated by a local resident with the anticipated acquisition type of Fee Simple. 1.1 LOCATION The assessment property is in eastern Indian River County on two Tax Parcels #32390300000003000001.0 and #32390200000500000001.0 (Figure 1) and is on the west bank of the Indian River Lagoon. U.S. Highway 1 is approximately 530m to the southwest and the site is approximately 1.7 miles south of the intersection with Highway 510 (Bridge Boulevard) in be- tween 73rd Street and 69'h Street. The address listed for the property is 3005 73rd Street. 1.2 SIZE The property totals approximately 36 acres and is an irregular shaped polygon that is roughly 500m wide by 400m north -south. 1.3 CURRENT AND FUTURE ZONING The current land use zoning on the western portion of the property is RS -3 - Single -Family Resi- dential District (up to 3 units/acre) and the eastern portion is RS -1 - Single -Family Residential District (up to 1 unit/acre) (Version 10/07/2024). The future land use zoning on the western portion is L-1: Low -Density Residential -1 (3 Units/Acre) and on the eastern portion is C-2: Conservation - 2 (1 Unit/40 Acres) (Version 3/28/2024). 1.4 PENDING ZONING CHANGES AND SPECIAL OVERLAY DISTRICTS An inquiry to the Senior Planner for Long -Range Planning for Indian River County, Cindy Thur- man, revealed there are no pending zoning changes, and she was unaware of any Special Overlay Districts affecting the parcel. 2.0 VEGETATIVE COMMUNITIES The Winter Beach 73rd Street property is within two major vegetative community types within Indian River County. The eastern side of the property resides in the Indian River Lagoon and associated estuarine wetlands portion of the county, and the western portion is within the south Florida flatwoods ecological community that occurs in two distinct regions of Indian River County, east and west. The Winter Beach 73rd Sreet property is within the eastern portion of the general ecological community, and predevelopment, consisted of pine flatwoods intermixed with shallow wetlands. This property is a little east of the Atlantic Coastal Sand Ridge and the scrub communities it harbors. 2.1 LAND USE AND LAND COVER There were two natural community types, and two altered land use types identified on the property from the 2023 Florida Cooperative Landcover Map (CLC) (Figure 2). The 41 percent of the site identified as Mixed Hardwood -Coniferous was changed to the altered community type Succes- sional Hardwood Forest after reviewing historical aerial imagery and it was determined that half Winter Beach 73rd Assessment.doex-111224 1075 of the polygon had been cleared of vegetation and converted to citrus grove that was fallow by the 1970s. The remaining portion of the polygon appeared to be wet and/or mesic flatwoods in the 1940s aerial that has now succeeded into SHF because of eliminating fire on the landscape. Ap- proximately 55 percent of the site, the eastern portion, was identified as Mangrove Swamp. There was a small area, 5 percent of the property, typed as Mesic Flatwoods that may have an infestation of invasive exotic trees. The CLC map Figure 3 and Table 1 present the acres of each land use and natural community type on the property. Table 1. The amount of each altered land use type or natural community type on the Winter Beach 73rd St property from the Florida Cooperative Landcover Map (2023). Land Use/Natural Community Acres % Cover Type Up/Wet State Rank Mangrove Swamp 19.45 54.5% Natural Wetland Secure S4 Mixed Hardwood -Coniferous (SHF) 14.56 40.8% Altered Upland not ranked Mesic Flatwoods 1.65 4.6% Natural Upland Secure S4 Residential, Med. Density 0.02 0.1% Altered Upland not ranked Total Altered 14.6 40.9% Total Natural Total Upland Total Wetland 21.1 59.1% 16.2 45.5% 19.5 54.5% *The level of disturbance within each onsite natural community has not been assessed. **The community in parentheses (successional hardwood forest) is a correction to the map based on aerial interpretation. Mangrove and estuarine habitats are dominant on the eastern portion of the property. Character- istic species of mangrove swamps include red mangrove, black mangrove, white mangrove, and buttonwood. Brazilian pepper can be a common component particularly within disturbed estua- rine communities. In the 1940s aerial there appears to be some saltmarsh onsite and typical salt- marsh within the county is an herbaceous community that occurs in the portion of the coastal zone affected by tides and seawater but protected from large waves. Dominant species often in- clude saltmarsh cordgrass, saltwort, glasswort, salt grass, seaside oxeye daisy, Carolina sea lav- ender, marsh fimbry, shoreline seapurslane, marsh elder, and saltgrass. Mesic and wet flatwoods were likely dominant natural communities on the western portion of the property. Typical trees and shrubs in flatwoods community include slash pine, longleaf pine, gallberry, and saw palmetto with often grasses such as creeping bluestem, lopsided indiangrass, and pineland threeawn. There were no regionally rare natural community types (e.g., scrub, scrubby flatwoods, maritime hammock) identified on the property from the CLC map or from a review of current and historical aerial imagery. Mesic flatwoods is becoming increasingly rarer in the eastern portion of the county and the area mapped as mesic flatwoods on this property appears to be dominated by possibly an invasive exotic tree, Australian pine (Casuarina spp.). Figure 4 shows the under -represented natural communities mapped by FNAI for the Florida For- ever statewide environmental lands acquisition program that occur on and near the property. The portion of the property that is covered in mangrove (approximately 55 percent) is ranked a 2 Winter Beach 73rd Assessment.docx-111224 1076 Priority 3 and the small area identified as mesic flatwoods was ranked Priority 2 (scale is Priority 1 through 4 with 1 being the highest priority; O=no rank). The remaining upland portion of the prop- erty received no priority ranking. 2.2 SOILS The soil types found on the Winter Beach 73rd St Property are represented in Figure 5. The two most prevalent soil types are Jupiter (17 acres) and Riomar (15 acres). The Jupiter series consists of shallow and very shallow, poorly and very poorly drained soils that formed in a thin bed of sandy marine sediments overlying limestone bedrock. Native vegetation on Jupiter soils often con- sists of cabbage palm, laurel oak, water oak, scattered south Florida slash pine, red mulberry, and redbay with an understory of marlberry, waxmyrtle, wild coffee, greenbriars, ferns, longleaf un- iola, Eastern gamagrass, chalky bluestem, maidencane, and switchgrass. The wetter area vegeta- tion is dominated by cabbage palm, pond cypress, red maple, dahoon holly, water oak, and stran- gler fig with an understory of pickerelweed, arrowhead, ferns, swamp dogwood, lizards tail, maid- encane, and switchgrass. The Riomar soil series are very poorly drained, moderately deep, very slowly permeable soils that formed in loamy or clayey tidal deposits. They occur on nearly level mangrove islands and swamps and are continuously saturated with saline water. Dominant natural vegetation typically consists of red, black and white mangrove, with some areas of sea rocket, saltwort, perennial glass - wort, seashore saltgrass, and seashore paspalum. 2.3 HISTORICAL IMAGERY REVIEW Some of the aerial photographs reviewed for this assessment can be found in the Appendix. 1943 May 1 (UF Map Library) - Approximately 5.3 of the total 35.7 acres is citrus grove, the west side of the property, the sites remaining acreage (30.4) contains natural communities that appear relatively intact - A ditch bisects the onsite citrus grove diagonally and appears to terminate in the open marsh east of the mixed forest - The citrus is contiguous with offsite groves to the west and south - Adjacent to and east of the citrus is what appears to be a tree canopied mixed forest and open pine flatwoods adjacent to and west of the saltmarsh - The eastern half of the site is open saltmarsh, with some trees or shrubs along the Indian River, likely including mangrove - The relatively intact saltmarsh and pine flatwoods communities extend north and south offsite - South of the site there is a bridge that crosses the Indian River at what is currently 69'x' Street and extends east over to the Hole in the Wall Island and eventually meets up with Jungle Trail on the east side of the Indian River 1951 April 4 (UF Map Library - The natural communities are relatively unchanged from 1943 - The canopy of the central band of mixed forest and pine flatwoods appear denser - The eastern marsh is still open with a few woody trees or shrubs along the river 3 Winter Beach 73rd Assessment.do —111224 1077 Suppression of the natural fire regime in conjunction with increased citrus groves and agricul- tural development of the surrounding pinelands could have impacted the historical open nature of the pine flatwoods The diagonal ditch is barely visible due to an increase in woody vegetation The former bridge that extended east from what is now 69th St no longer crosses over to the Hole in the Wall Island 1970 December 29 (UF May Library) - The citrus grove is gone and the new vegetative aerial signature of the 5.3 acres appears very similar to the mixed forest to the east - Land disturbances in the mixed hardwoods and pine flatwoods appears to have occurred since 1951, possible timbering - The dark circular signature near the center of the southern boundary is the start of an infestation of the invasive exotic tree, Australian pine - The formerly open pine flatwoods on the western half of the site is now forested with hard- woods Mangroves have recruited into the formerly open saltmarsh The formerly open saltmarsh has a dike and ditch encompassing a mosquito control impound- ment - The construction of mosquito impoundments (during the 1950s and 60s) along the Indian River has occurred throughout the region and adjacent to this site 1994 March 17 (Google Earth Pro) - The entire site has a woody canopy (forested) of various heights, densities, and species - There is some open water in ditches crossing the mosquito impoundment - The Australian pine infestation has increased in size and density - The formerly open saltmarsh appears to be mostly mangrove trees - A ditch has been excavated along the north and southeast property lines, the ditch along the north boundary is fairly wide and likely doubles as a linear storm retention pond - 73rd St is a dirt path that runs along the western half of the north boundary - Some oyster bars are visible in the Indian River along the southeastern boundary for the first time (likely visible due to aerial photograph quality and low tide conditions) 2003 June 3 (Google Earth Pro) - The entire site is forested - The Australian pine infestation (dark green circular signature that crosses over the southern boundary line) does not appear to be spreading - Mangrove canopy cover has increased and the only open water visible is in the perimeter ditch - Mangrove and/or Brazilian pepper have recruited west into some areas of mixed hardwoods and pine flatwoods ecotone - There is a housing development offsite along the northwestern corner and homes have been constructed offsite near the southern boundary 2005 July 7 (Google Earth Pro) - The Australian pine tree infestation has been cut down, and possibly some vegetation in the mixed hardwoods area (likely invasive exotic species) 4 Winter Beach 73rd Assessment.do —111224 1078 - Color aerials and higher quality resolution indicate the occurrence of cabbage palms, oak trees (e.g., live oak), mangroves and Australian pine onsite - The mangrove canopy is a little less dense as ditches and spoil mounds are visible - Three oyster bars are visible in the river - The adjacent offsite former citrus groves are fallow 2010 December 3 (Google Earth Pro) - The Australian pine infestation has grown back in the same area (dark green circular signature), Lidar and other sources don't show any major topography changes in the area and soils are mapped the same as the adjacent areas - The mixed hardwoods signature includes areas of oak and cabbage palm, deciduous species, and likely some invasive exotic species - The tree canopy is dense in the mosquito impoundment, and very little open water is visible with most ditches and dikes hidden under canopy - Oyster bars are visible - The adjacent offsite former citrus groves are succeeding into forest 2017 January5 (Google Earth Pro) - The Australian pine infestation has been disturbed, many trees have been blown over, as well as scattered Australian pine to the northwest in the mixed hardwood area and possibly other species as well - The mangrove signature is distinct, and it extends west beyond the mosquito impoundment dike - The mosquito impoundment dike appears maintained - Three exposed oyster bars are visible, the same ones first observed in 1994, possibly some other oyster bars (dark areas) are visible in the same area, but beneath the water - There is no sign there was offsite citrus groves which are now completely forested 2024 May 29 (Google Earth Pro) - The Australian pine patch looks intact, slightly larger with no sign of fallen trees - The current CLC map designation for the invasive exotic Australian pine polygon is Mesic Flatwoods - What was open pine flatwoods or citrus groves in 1943 is indistinguishable from what was called mixed hardwoods in 1943 - The former offsite citrus groves now have a similar aerial signature - The saltmarsh, open in 1943, is a mosquito impoundment that is now a closed canopy man- grove swamp forest - Three exposed oyster bars are visible, they might be slightly reduced in extent than when first observed in 1994 2.4 OFFSITE CONTINUITY OF NATURAL COMMUNITIES The mosquito impoundment has remained naturally forested and is contiguous with offsite man- grove forest dominated mosquito impoundments to the north and south. This narrow band of man- grove forest extends largely unbroken 1,200m north to Marsha Ln and extends approximately an- other 3,400m south to North Harbor Village Drive. Residential properties and altered uplands bor- der the remaining portions of the property to the northwest, west, and southwest. Indian River is to the east. Winter Beach 73rd Assessment.docx-111224 1079 3.0 RARE SPECIES Table 2 includes a list of the animal species and Table 3 includes the plant species that have the potential to occur onsite that are considered endangered, threatened, or rare as listed by the U.S. Fish and Wildlife Service (FWS), Florida Fish and Wildlife Conservation Commission (FWC), Florida Natural Areas Inventory (FNAI) and the Florida Department of Agriculture. A search using the FNAI Biodiversity Matrix Map Server, and the FWS Information for Planning and Consulta- tion (IPaQ Tool Resource List was performed for listed species that may potentially occur within the Project Site. These lists were reviewed and only the species that have a potential to occur within the habitats available onsite were included. Additionally, species that are tracked by FNAI or state listed that occur within Indian River County that were not included in the Biodiversity Matrix search, but potential habitat occurs onsite, were included in Tables 2 and 3. The majority of the potential rare animals and plants listed for this property are species that can occur in mangrove wetlands, estuarine ditches/canals, or disturbed forested communities. Table 2. The animal species listed endangered, threatened, or tracked by FNAI that have the potential to occur on the Winter Beach 73rd St nronertv. Gobiomorus dormitor bigmouth sleeper Global State Federal State Species Name Common Name Rank Rank Status listing Bird S3 Sc N S3 N T Mycteria americana wood stork G4 S2 T, PDL FT Nyctanassa violacea yellow -crowned night -heron (nests) G5 S3 N N Nycticorax nycticorax black -crowned night -heron (nests) G5 S3 N N Setophaga discolor paludicola Florida prairie warbler G5T3 S3 N N Setophaga kirtlandii Kirtland's Warbler G3 S1 N N Fish Ctenogobius stigmaturus spottail goby G2 S2 N N Gobiomorus dormitor bigmouth sleeper G4 S2 N N Microphis brachyurus opossum pipefish G4G5 S2 Sc N Rivulus marmoratus mangrove rivulus G4G5 S3 Sc N Reptile Drymarchon couperi eastern indigo snake G3 S2? T FT Gopherus polyphemus gopher tortoise G3 S3 N ST Table 3. The plant species listed endangered, threatened, or tracked by FNAI that have the potential to occur on the Winter Beach 73rd St property. Global State Federal State Name Common Name Rank Rank Status Listi Harrisia simpsonii (fragrans) Simpson's prickly apple G2 S2 E E Opuntia stricta erect prickly pear G4? S3S4 N T Tillandsia balbisiana Balbis' airplant G4G5 S3 N T Tillandsia fasciculata common wild -pine G5 S4? N E Tillandsia utriculata spreading airplant G5 S3 N E 6 Winter Beach 73rd AssessmentAwt-111224 1080 Figure 6 shows The Florida Fish and Wildlife Conservation Commission's Fish and Wildlife Re- search Institute Terrestrial Resources Geographic Information System web mapping results for species observations near the assessment property. Note these observations are a collection of spe- cies documented in the vicinity by various means and are a very incomplete representation of what may occur in the area or that may utilize this property. The resources selected for documented occurrences in the area included Black Bear Calls, Black Bear Telemetry, Eagle Nesting, Panther Mortality, Panther Telemetry, Scrub Jay, Wading Bird Rookeries, and opportunistic Wildlife Ob- servations. There are no documented wildlife sightings on the Winter Beach 73rd St property (Fig- ure 6). The closest documented sightings are of Florida scrub jay and Florida scrub lizard along the Atlantic Coastal Sand Ridge to the west of the property. Figure 7 shows the Critical Lands and Waters Identification Project (CLIP version 4.0) Biodiver- sity Resource Priorities model, which combines several conservation priorities models including the Strategic Habitat Conservation Areas for Florida Forever, Vertebrate Richness, Potential Rare Species Habitat, and Priority Natural Communities Core Data layers. The entire property has a priority rank, with the eastern half of the property mapped as Priority 3 (Priority 1 has the highest conservation priority on a scale from 1 to 5), a large proportion of the western half is listed as Priority 4, and the small area called mesic flatwoods in the CLC map was ranked Priority 2 (Fig- ure 7). 4.0 WETLANDS Approximately 55 percent of the site is covered in wetlands according to the CLC map. The parcel is within the Indian River Lagoon watershed. 4.1 AEREAL EXTENT AND CONNECTIVITY From the CLC map the eastern half of the property (19 acres) was mapped as mangrove (Table 1). These wetlands form a linear feature that extends north and south of the site and parallels the Indian River Lagoon. It is very likely that some of what has been called Mixed Hardwood -Coniferous contains some remnant wetland communities given that it was historically wet and mesic flat - woods. Figure 8 shows the wetlands, waterbodies, and flood zones located on the property from the Na- tional Wetlands Inventory (NWI) and Federal Emergency Management Agency (FEMA) maps. The NWI map identified 19.4 -acres of Estuarine wetlands, 55 percent of the site. The NWI map has an additional 0.3 acres of ditches delineated. 4.2 ALTERATIONS This parcel was historically a portion of a large expanse of salt marsh that was subsequently im- pounded with a series of berms and ditches and became part of the North Winter Beach Impound- ment (Indian River County Impoundment #28). In the 1950s and 60s the Indian River Mosquito Control District impounded approximately 2,600 acres of the 4,500 acres of estuarine marshes in Indian River County. This site has one of those impoundments with an earthen dike around former saltmarsh. Impoundment impacts include widespread changes in plant and animal communities, invasion of nonnative plants on the dike, primarily Brazilian pepper trees; loss of access to wet- lands used for breeding, feeding and refuge by fishes and invertebrates. Additionally, 7 Winter Beach 73rd Assessment.docx-111224 1081 ditches/canals have also been excavated along the north and south boundaries of this property. Undoubtedly these features have influenced the local hydrology. Since the 1940s the saltmarsh onsite has converted to mangrove forest. Invasive exotic plant infestations, particularly Brazilian pepper, could be high especially in the disturbed areas, along the berms and spoil mounds. 5.0 WATER RESOURCES 5.1 AQUIFER RECHARGE Figure 9 shows the priority ranking for aquifer recharge on the project site. This is a broad measure focusing on the recharge of springs, sinks, aquifers, natural systems, and water supply. Areas of potential recharge to the Floridan and surficial aquifers were determined from soil hydraulic con- ductivity, proximity to karst features, depth to water, and overburden (Florida Forever Conserva- tion Needs Assessment, Tech Report 2023). The site has a priority rank of Priority 4 or Priority 6for aquifer recharge (the ranks range 1 through 6 with Priority 1 being the highest priority; O=no rank) (Figure 9). 5.2 WATER QUALITY The wetlands onsite have the potential to aid in maintaining water quality and in situ water purifi- cation of stormwater entering the Indian River Lagoon system from the uplands. Onsite water quality could potentially be improved by assuring that the impounded wetland is allowed to regu- larly flush with the tides allowing for the biological and chemical processes within waters influ- enced by natural tidal exchange. 5.3 WATER ATTENUATION The wetland communities can help to store water and reduce the speed of water as it flows over the landscape. 6.0 CORRIDORS AND GREENWAYS The Winter Beach 73rd Street Property is adjacent to the Indian River Lagoon and is one of the unacquired parcels of the Indian River Lagoon Blueway Florida Forever BOT project. This prop- erty is contiguous with the 19 -acre SJRWMD Windmiller Parcel to the south (Figure 10) along with a series of privately owned, undeveloped, mosquito impoundments to the north and south. Figure 11 shows the CLIP landscape priority ranking for the property. This model combines pri- orities from the Ecological Greenways and Landscape Integrity Core Data layers. No portion of this property was ranked a priority. Winter Beach 73rd Assessment.docx-111224 1082 7.0 RESTORATION, LAND MANAGEMENT, HAZARDOUS MATERIALS, AND REC- REATION/EDUCATION OPPORTUNITIES 7.1 RESTORATION POTENTIAL Possible restoration of the onsite natural communities could include planting of native vegetation in the uplands, hydrologic enhancement of the wetland communities, salt marsh restoration, and invasive exotic plant species control. The alterations to the onsite hydrology would need to be more thoroughly assessed to determine the type and amount of restoration that may be beneficial and feasible. 7.2 LAND MANAGEMENT POTENTIAL There are several estuarine impoundment management strategies. Allowing or continuing to allow the tides to flush through the property helps to maintain black mangroves, supply habitat for the fish community including some of the rare listed species, provide a nursery for juvenile fish, and allow for natural biological and chemical processes inherent to estuarine systems. Any manage- ment of the waters within the impoundment would likely have to be in coordination with the Indian River Mosquito Control District. It appears that the North Winter Beach Impoundment is currently under a Rotational Impoundment Management (RIM) schedule. 7.3 HAZARDOUS MATERIALS There are no hazardous waste sites reported on the property from two online sources provided by the Florida Department Environmental Protection Division of Waste Management. Map Direct: https://ca.dgp.state.fl.us/maydirectl Contamination Locator Map https://ca.det).state.fl.us/mapdirect/?web- mo=bdfa237157c7426a8f552e40a741685e DEP cleanup sites https://www.arcgis.com/apps/mapviewer/index.html?web- map=316f 774db3 f 7420faf54008608 faff64 7.4 RECREATION AND EDUCATION OPPORTUNITIES The process of establishing recreational opportunities will require inventorying the area to deter- mine appropriate locations for activities, collaborating with stakeholders, determining the desired objectives that recreation could provide, and identifying the financial costs and benefits of provid- ing the different types of opportunities. Some examples of potential recreation at this site include canoeing, bank fishing, pier fishing, wildlife viewing, and hiking. There is an existing City of Vero Beach owned canoe launch (69th Street kayak launch) south of the property that allows for easy access to explore the shoreline of the Winter Beach 73rd Street property. There is the potential for a walking trail that circumnavigates the property along the impoundment berm similar to the Toni Robinson Waterfront Trail to the north of this property. Educational kiosks describing the estuarine wetlands and how they relate to water quality within the Indian River Lagoon could be installed among many other educational opportunities. 8.0 OTHER CONSIDERATIONS The nominator of this parcel stated they have seen from this property "otters, osprey, owls, bobcat, and most likely numerous other species of wildlife." There is a conceptional subdivision for the far western portion with a proposed north to south cul-de-sac road lined with 21 lots. This 9 Winter Beach 73rd Assessment.doex-111224 1083 nominated property is part of a group of parcels that have been nominated for acquisition and the total area equals approximately 98.7 acres. 9.0 SUMMARY The Winter Beach 73rd Street Property is a 36 -acre parcel nominated by a local resident, is con- tiguous with an existing conservation property, is within the Indian River Lagoon and Associated Wetlands portion of the county and has disturbed uplands and relatively intact forested wetland on the west bank of the Indian River Lagoon. The mangrove wetland has been impounded and there are additional ditches onsite. Invasive exotic species infestations are likely. A stormwater attenu- ation park and/or recreation facilities for the disturbed upland area are potential options for this site. 10 Winter Beach 73rd Assessment.doex-111224 1084 FIGURES 1085 Iz 00 0 � # ■ m N O ». Ni o I Z CD/ . k ^ / g 0 O < k w«. c 2 \ \ Uk § < 2 � : \ ° \ 0 $ E < 'a 3 E o \ \ § d k q 2n o o7m E �� 2�2 b` E\ f e\/ 7 n o $ p 2° R� a/ k/ LL 21 _ 3 W 2 © 25 a § ƒ / E m \\ 2 E e 'a 0£ o E/ 0 O % m R /© E 2 '/ 2 7#) 8 ) U = x = ƒ @ \ ƒd vi � / af 2 :3 me k 2 7$§7 ) �»< 3 e. Y y C O N Ch d `o o_ oO o a v o a a a 0- 0 t O LLL co coC 9,V 716 , I ran a) :5 E L Co O L F- OI Q O Z d LL C •O .Q Q Q U �<> w c n N JO d C y E C U) E O � M U O L L N j U O � C (p N CD m U Z C � O co �= 2 N N O 7 2 L O m > C U a L O O L a2f p > a p LL U 3 (D -000 o c LL LL F— o 0 a 0 .-� o� 0 e4 � 0 � / U) CN r # m . a ^ c - - - - - e ƒ \ \ / \ .0 :!\ / ± a a o � \ .\� »?; \ ■ ... . « f ■ } © % LL 5 2 « C I > #&f ! \ . c : a � < . . ..w: . I d ) o » a J Eg= § /%E ® ƒ\� CU CU I/ ) 2m� ) >�k \ U- Q) § /§7 0 e4 � 0 � M 01 O tilev w r = 0 N M to co c co IM a) .rte'. T Z, �$ JO O O O O O io L �L �L L -L �L a a m m a a n_ a O 0- M < Q (n L Y U C (p � U m !n L p� N C C L CL L N � � C U O t U a U CL a U) ca °7 ami 70 of (DQO a o) FL oo N C U C E O M L N U o L N (6 % j Q of3�� z LL OW L)O_IL -;0 -0 7 LL CD z 0 L Y U U C O J Y D > 7 Cy ,cq i C cc C •U C 0 L m O L M+ Z dS M �• ct y to U ci J J O Q L 0 C "FDm � LL � N O m �U •— C 0 003:,E a :3 (Dv T Il H m i �o 01 O � N a' _ ALAIN C L —i M`LO ► mm o .o .o .oo a r. adadd a o a U�CC me LL OOO co N Iridtia�R��,w Z Q OON 0 0 v a J .. .. ...:. ..-.., ..,: ,..� N y N c � a t ` ^ o IL a m O Q O LL ad N = o O m O N O-�U U N C > Z N N O C LL N N 7 tm N +L. 2 LLH OS O fA �o 01 O APPENDIX WINTER BEACH 73RD STREET HISTORICAL AERIALS REVIEWED 1097 00 O� 0 CY) 0 4� 0 CD 0 r - CF) C- CL co O O cu L - Cl) Q rn a) N O M O CL co L 0 4 + 0 a CD Q 0 0 N t a m m O O N �L W Q N O N �o 0 E E - Nlt�';r � U.11 D 6821 SW Archer Road Gainesville, FL 32608 Voice: 352/372-1500 Toll Free: 1/800/242-4927 Fax: 352/378-1500 businessdev@waterandair.com www.waterandair.com Environmental Engineers, Scientists; & Planners 1107 AN APPRAISAL OF 36.99E ACRES OF VACANT LAND LOCATED AT 2705-3005 73RD STREET VERO BEACH, FLORIDA 32967 PREPARED FOR MS. WENDY SWINDELL ASSISTANT DIRECTOR PARKS & CONSERVATION INDIAN RIVER COUNTY 1590 9TH STREET SW VERO BEACH, FL 32962 CLIENT REFFERCE NO.: WINTER BEACH 73RD AS OF MAY 1, 2025 Im BOYLE & DRAKE, INC. 80 ROYAL PALM POINTE, SUITE 401 VERO BEACH, FL 32960 772-778-7577 INFO@BOYLEDRAKE.COM BOYLE & DRAKE, INC. FILE # 202503375 PREPARED JULY 21, 2025 1108 Stephen M. Boyle, MAI State -Certified General Real Estate Appraiser RZ3470 July 21, 2025 Boyle & Drake, Inc. Real Estate Appraisers and Consultants 80 Royal Palm Pointe, Ste. 401 Vero Beach, FL 32%0 Telephone: (772) 778-7577 Info@BoyleDrake.com Ms. Wendy Swindell Assistant Director Parks & Conservation Indian River County Vero Beach, FL 32962 Ms. Swindell: Stephen J. Boyle, MAI State -Certified General Real Estate Appraiser RZ699 In accordance with your request, we have made an investigation and analysis of the above - referenced property. The subject site consists of vacant land located at the east terminus of 73d Street along the southern side and the west side of the Indian River Lagoon in Indian River County. The address of the property is 2705-3005 73rd Street, Vero Beach, FL 32967. The property is located outside of the City of Vero Beach in unincorporated Indian River County, Florida. The site area consists of 36.99± acres with the upland acreage estimated at 17.4± acres and approximately 19.5± acres of wetlands based upon the provided Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024. The client and intended user of this assignment is the Assistant Director Parks & Conservation Indian River County. The purpose of the appraisal is to estimate the Market Value of the Fee Simple Estate of the subject property. The intended use of the appraisal is to establish the Market Value of the subject property for a potential acquisition by the Client and Intended User. The effective date of value was May 1, 2025. As a result of our investigation and analysis of the information obtained there from, as well as a general knowledge of real estate valuation procedures, it is our opinion the Fee Simple Market Value of the subject property as of May 1, 2025, was: ONE MILLION SIX HUNDRED AND FOURTY THOUSAND DOLLARS ($1,640,000) 1109 Boyle & Drake, Inc. Ms. Swindell Assistant Director Parks & Conservation Indian River County July 21, 2025 Page ii Extraordinary Assumptions: 1. An Environmental Impact Report indicates approximately 19.5 acres of the subject property consists of wetland areas. It is an Extraordinary Assumptions of this report that the estimated wetland acreage from the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 is accurate. If additional information indicates a different wetland acreage, we reserve the right to review and possibly modify the value opinion developed within this report. 2. Per the Indian River County Zoning Map, the maximum density for the subject per zoning totals 60t Single Family Residential units. In this market it is typical to develop residential subdivision properties below their maximum density due to setback, site improvement requirements and other physical restrictions. As such, we have estimated the planned development density at 39 units given the legal zoning restrictions, the physical restrictions of the site (wetlands) and data from the Sales Comparison Approach. If additional information becomes available indicating a different maximum number of residential units for the subject property, we reserve the right to review and possibly modify the value opinion developed within this report. Hypothetical Condition: None The use of an Extraordinary Assumption or Hypothetical Condition may affect assignment results It is our opinion that the following appraisal report was prepared in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) as approved by the Appraisal Standards Board of the Appraisal Foundation as they apply to an Appraisal Report. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 1110 Boyle & Drake, Inc. Ms. Swindell Assistant Director Parks & Conservation Indian River County July 21, 2025 Page iii A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the attached appraisal report. For your convenience, an Executive Summary follows this letter of transmittal which is made part of the attached appraisal report. Should you have any questions regarding this report, please do not hesitate to contact us. Respectfully submitted, BOYLE & DRAKE, INC. Stephen M. Boyle; MAI State -Certified General Real Estate Appraiser RZ3470 Expires 11-30-2026 Boyle & Drake, Inc. EXECUTIVE SUMMARY PROPERTY TYPE: Vacant Land in unincorporated Indian River County, Florida CLIENT REFERENCE NO.: Winter Beach 73rd CLIENT: Parks & Conservation Indian River County INTENDED USER(S): Parks & Conservation Indian River County INTENDED USE: To estimate the market value of the Fee Simple Estate of the subject property. The intended use is to establish market value for a potential acquisition of the subject property. SUBJECT TAX ID: 32390300000003000001.0 32390200000500000001.0 SUBJECT OWNER: Luther John M (Tr) APPRAISER(S): Stephen M. Boyle, MAI. DATE OF VALUATION: May 1, 2025 DATE OF REPORT: July 21, 2025 INTEREST APPRAISED: Fee Simple Estate LAND SIZE: Approximately 36.99± gross acres, or 1,611,284 square feet with 17.4± acres of uplands and 19.5± Acres of Wetlands. LOCATION/ ACCESS: The subject property is located east of US Highway 1 at the terminus of 73rd Street in Vero Beach, Florida. Boyle & Drake, Inc. ZONING: RS -1 and RS -3. LAND USE PLAN: L-1, Low Density Residential (3 Units per Acre) & C-2, Conservation (1 Unit per 40 acres FLOOD ZONE/MAP: Zone AE/Map Number 12061 CO231 J. EASEMENTS: None Known PRESENT USE: Vacant Land SUBJECT ADDRESS: 2705-3005 73rd Street, Vero Beach, Florida 32967 REPORT FORMAT: Appraisal Report per 2024 USPAP IMPROVEMENTS DESCRIPTIONS: None - Vacant HIGHEST AND BEST USE: AS IF VACANT: Based on the information presented in this report, we have conclude that the highest and best use of the subject sites "As Vacant", would be for development of a residential single family subdivision. AS IMPROVED: Not applicable as the subject property is vacant and unimproved. VALUE INDICATIONS: COST APPROACH: N/A SALES COMPARISON: $1,640,000 INCOME APPROACH: N/A CONCLUDED FEE SIMPLE MARKET VALUE: $1,640,000 1113 Boyle & Drake, Inc. Extraordinary Assumptions: An Environmental Impact Report indicates approximately 19.5 acres of the subject property consists of wetland areas. It is an Extraordinary Assumptions of this report that the estimated wetland acreage from the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 is accurate. If additional information indicates a different wetland acreage, we reserve the right to review and possibly modify the value opinion developed within this report. 2. Per the Indian River County Zoning Map, the maximum density for the subject per zoning totals 60± Single Family Residential units. In this market it is typical to develop residential subdivision properties below their maximum density due to setback, site improvement requirements and other physical restrictions. As such, we have estimated the planned development density at 39 units given the legal zoning restrictions, the physical restrictions of the site (wetlands) and data from the Sales Comparison Approach. If additional information becomes available indicating a different maximum number of residential units for the subject property, we reserve the right to review and possibly modify the value opinion developed within this report. Hypothetical Condition: None The use of an Extraordinary Assumption or Hypothetical Condition may affect assignment results ESTIMATED EXPOSURE TIME: 6 to 12 months V1 1114 Boyle & Drake, Inc. TABLE OF CONTENTS Page No. Letterof Transmittal............................................................................................................. i ExecutiveSummary ............................................................................................................ iv Tableof Contents............................................................................................................... vii Photographs......................................................................................................................... 1 GeneralInformation............................................................................................................ 3 Purpose and Date of the Appraisal Report ............................................................................3 InterestAppraised.................................................................................................................3 AppraisalReport Format.......................................................................................................3 LegalDescription..................................................................................................................4 PropertyHistory ....................................................................................................................4 AppraisalDefinitions............................................................................................................6 Scopeof Work..................................................................................................................... 8 MarketArea Analysis........................................................................................................11 Market Area Demographics................................................................................................12 Current Market Conditions 2025........................................................................................16 PropertyData.......................................................................................................................25 Location...............................................................................................................................25 Access..................................................................................................................................25 SiteSize...............................................................................................................................25 SoilTypes............................................................................................................................28 FloodHazard Zone..............................................................................................................32 RealEstate Taxes............................................................................................................... 34 Highest and Best Use Conclusions.................................................................................... 35 Valuation........................................................................................................................... 38 Prefaceto Value..................................................................................................................38 SalesComparison Approach...............................................................................................39 Estimate of Marketing Time/Exposure Time.................................................................... 57 Certification Stephen M. Boyle......................................................................................... 58 Addenda Boyle & Drake, Inc. SUBJECT PHOTOGRAPHS Access From the East Terminus of 731 Street Western Boundary Line 1116 Boyle & Drake, Inc. Location Maus Boyle & Drake, Inc. GENERAL INFORMATION Effective Date of the Anpraisal/Date of the Report The value conclusion reached herein is effective as of May 1, 2025. The analysis and report were completed on July 21, 2025. Purpose of the Appraisal Report The purpose of our investigation and analysis was to estimate the Market Value of the Fee Simple Estate of the subject property. Intended Use The function and intended use of this appraisal is to establish the Fee Simple market value for a potential acquisition of the subject property. Client/Intended User(s) The client and Intended User of this report is the Parks & Conservation Indian River County. Interest Appraised The interest appraised herein is the Fee Simple Estate. Appraisal Report Format The following appraisal report was prepared in conformity with the Uniform Standards of Appraisal Practice (USPAP), 2024 edition Standards Rule 2-2(a). In order to develop the opinion of value, the appraiser considered all valuation procedures to produce a credible opinion of value, as defined by the Uniform Standards of Professional Appraisal Practice. 1118 Boyle & Drake, Inc. Legal Description Parcel No. 1: The North 12 acres of Government Lot 2, Section 2, Township 32 South, Range 39 East; and, Parcel No. 2: The North 16 1/4 acres of Government Lot 3 (said Government Lot 3 being the fractional Northeast quarter of the Southeast quarter), of Section 3, Township 32 South, Range 39 East. FLoTgM HistorX The owner of record is Indian River Ranch, LLC. Analysis of the public records of Indian River County indicates there have been no arm's length sales or internal transfers over the last twenty years. The subject property is not currently listed for sale and has not been listed within the last 12 months. Prior Professional Services Stephen M. Boyle, MAI has performed no professional services in the form of an appraisal, as an appraiser, or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform acceptance of this assignment. Boyle & Drake, Inc. has not provided any other professional services on the subject property over the last three years. Extraordinary Assumptions: 1. An Environmental Impact Report indicates approximately 19.5 acres of the subject property consists of wetland areas. It is an Extraordinary Assumptions of this report that the estimated wetland acreage from the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 is accurate. If additional information indicates a different wetland acreage, we reserve the right to review and possibly modify the value opinion developed within this report. 2. Per the Indian River County Zoning Map, the maximum density for the subject per zoning totals 60f Single Family Residential units. In this market it is typical to develop residential subdivision properties below their maximum density due to setback, site improvement requirements and other physical restrictions. As such, we have estimated the planned development density at 39 units given the legal zoning restrictions, the physical restrictions of the site (wetlands) and data from the Sales Comparison Approach. If additional information becomes available indicating a different maximum number of residential units for the subject property, we reserve the right to review and possibly modify the value opinion developed within this report. Boyle & Drake, Inc. Hypothetical Condition: None The use of an Extraordinary Assumption or Hypothetical Condition may affect assignment results 1120 Boyle & Drake, Inc. APPRAISAL DEFINITIONS The following defmitions are pertinent to this report: Market Value "The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under the following conditions: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." (12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994) and Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237 December 10, 2010. Fee Simple Interest "Absolute ownership unencumbered by any other interest or estate subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." The Dictionary of Real Estate Appraisal (7th Edition 2022 page 73), by the Appraisal Institute. Leased Fee Interest "An ownership interest held by a lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires." 1121 Boyle & Drake, Inc. The Dictionary of Real Estate Appraisal (7th Edition 2022 page 105), by the Appraisal Institute. 1122 Boyle & Drake, Inc. SCOPE OF WORK The purpose of the appraisal is to estimate the market value of the Fee Simple interest of the subject property. The intended use is to establish market value for a possible acquisition of the subject property by the Client and Intended User. Stephen M. Boyle, MAI, inspected the subject property from the exterior roadways and interior trails where accessible on May 1, 2025. Information gathered for this appraisal includes: 1. Site size was based on the Indian River County tax assessor's records. 2. Zoning and land use was based on codes effective as of the date of this report. 3. Flood Zone was based on current FEMA Maps. 4. Wetland and upland size was based on an Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024. A study of the subject neighborhood was conducted with regard to access, land uses, and trends, demographics, and market demand factors for the property type appraised. Once all the data was gathered, the subject property was analyzed with regard to its Highest and Best Use. The three valuation approaches are the Cost Approach, Sales Comparison Approach and Income Approach. The Sales Comparison Approach was the only approach to value necessary to produce a credible appraisal of the subject property as the subject consists of vacant land. As the subject is vacant land without building improvements the Cost Approach was not applicable. The Income Capitalization approach is not applicable since this property is a vacant tract of land and is not income producing. The subject is located outside of the City of Vero Beach and within un -incorporated Indian River County. The subject property consists of two parcels of record with access from the south side of 73rd Avenue. The property size totals 36.99± acres of vacant land with 17.4± acres of uplands and approximately 19.5± acres of wetlands based upon the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024. The property is currently zoned RS -1 and RS -3, which allows detached residential development ranging in density from 1 to 3 residential units per acre. The land use designations for the subject property is L-1, Low Density Residential (3 Units per Acre) & C-2, Conservation (1 Unit per 40 acres which allows 3 residential units per acre and 1 residential unit per 40 acre). The zoning and land use designation will be further discussed in the property data section of this report. s 1123 Boyle & Drake, Inc. All the comparables are vacant tracts of land with zoning and land uses as similar as possible to the subject property. However, there was a lack of sales with identical zoning and land use designations. The applicable data for the approaches utilized in this appraisal report was generated from the above sources, as well as from local real estate brokers, investors (local and regionally), owners, managers, and from an inspection of the neighborhood. All of the market data was confirmed with buyers, sellers, or other real estate professionals who were involved with or had knowledge of the transaction information when possible. It is noted that we attempted to call the parties to the transactions but our calls were not always returned. The scope of the search included a search of MLS records, data published by Indian River County on-line computer service, LoopNet, Crexi, Costar as well as our company database. Additional Scope of Work comments follow throughout the appraisal report. 1124 Boyle & Drake, Inc. M_ARKF.T AREA ANALYSIS Neighborhood analysis requires identification of boundaries. The boundaries may be defined by complimentary land uses, social factors, economic, or physical boundaries. In the case of this appraisal assignment, neighborhood boundaries are identified by physical boundaries and surrounding land uses. The market boundaries are defined to be as follows: North — Sebastain River South — Indro Road East — Indian River West — I-95 The major focus of the above defined Market Area is the area in and around SR 60 in the City of Vero Beach. This area is about 40% developed. The majority of development in this area has been low density detached single family projects. Interspersed are a small percentage of rental projects and multifamily developments. A large amount of the "vacant" land west of 66' Avenue is in citrus groves and other agricultural uses because it is outside the Urban Service Boundary. The Indian River is the area's greatest asset for a recreational facility. The Intracoastal Waterway runs along the Indian River. This is a navigable waterway with inlets to the ocean at Sebastian Inlet approximately 10 miles north and Fort Pierce Inlet approximately 15 miles south. From the subject neighborhood, access to the Barrier Island is by way of the Merrill Barber Bridge (CR 60) and the 17' Street Causeway Bridge. There are a number of parks and recreational areas in the City Limits and the county along the Barrier Island. Major access roads into the Market Area include State Road 60, County Road 510 and 512, Oslo Road, Kings Highway (58th Avenue), 43rd Avenue, 27' Avenue and US Highway 1. The closest Interstate 95 interchange to the subject is approximately 6.5 miles to the west via County Road 510 to Interstate 95. Oslo Road is planned to be the next Interstate 95 interchange road. The additional right-of-way has been purchased with construction of the overpass commencing in mid -2024. Access to the subject Market Area is considered adequate. A rrPcc Major access roads into the Market Area include US Highway 1, which is the most proximate to the subject property. Secondary, major market access is provided via State Road 60, Oslo Road, Kings Highway (58d' Avenue), 43rd Avenue, and 27' Avenue, and Indian River Boulevard. The closest Interstate 95 interchange is located approximately eight miles to the west from the subject on Sebastian Blvd. Overall, market area access is considered good. The access to the subject property is also considered to be good. 11 1126 Boyle & Drake, Inc. Market Area Demographics The following information was obtained from the CCIM's Site to do Business. On the following page is a ring map of 1, 3 and 5 mile radius. esr rMs SOON" or hwM 27Y5 �R,1Fpo Mllf�h.11MMMMI, 11�IlfliipR 1� 12 1127 Boyle & Drake, Inc. Executive Summary rnr�ratw rr �-Miwioh.�t�, f -fir 3s �e rwt; . sem: xx:tr. POPU �aar�a:n,ai�+ra31114 #SAW# 0*16POWarea, tf&Owe tVwPPPu4�io"ii O,.�4 r11M Mip1M R11NRayM�lMlk? t rf M A p 1rlilt 1 am retly. .1Mk /I MI11« M i1M " fE+�k�M Ie1�IM Mi R.!lMM If d 91�YM� 7�p!� �!1 f1��ll.,�r �l�Ipd11�SMi�#�r19iM1iii W _i�llll�. �e �� �IM►i!`MM�+�Mr ii za'.i, oeryr�Me tis. ��� 77 3m '. 10pB-7pi� Miwr �M4 �. '�1► �7� l.4UiR 11lM0111�Ii���Ot�MI(i#glr�R1�111��t�11�31R�i111N/R'�1ti,�rl'i�+1�MI�Y� 1':fl�IR1�I�f' peiJM�t�ilis�!`Y111iiWAt 1� .�-AM�Mif L�� �1�R{ lFM'l�IM1,.. #1��Ri0�Ai� � obM�rwdi►.�.?Z1e1�t�nlfr70>� 7hf �iYilir![frlr�i.i�'�f1�"t11-t1�-4it1�`i��. �711RIA1LN.M�1{WIl�MINI�.' . �R#iMil�fir�f1141iMMs�ir�MiliMF . ��;��� _ .. 13 1128 Boyle & Drake, Inc. esrr R51wj banes: O-!,1 it �r#�i� :: Lt�fp��:li.�a'bf7 fq► iF1l�. AWN MwiYtMMIMMIII/ftAortlt! !� 70i YMIs ` - WO Jim. �IAtlMrllrMMl�liill��llplolifll.�',�SlltlhR.#1/gj�M1�M�10�P�1/.�. " iht11�MW.i�sMMIhMi0M11lit :. prejedrd'ia�Y`Ifrl�Mnfr=�Y1#1�1j$. Ctttrart ev�regehm�dM�Mi�e�+I�Rit*L1�i�4d�11�114M;��ii�Slglr,MlY�.�4M1b111i. 16Rip�lNieiIIifmn+Els - ... - (h'OjActed to be $131,66�i1• O�rrM+rk P R 4 ,1I iw Y anYly glr l�M M1UR 1 kik el s3s rreaf 7� 1 :11� /eM ap I��tim i.M p-pcted as M M aft 1'0r•oMnp"o-M WAu fYras"Umb" . `iliillt ,. t. .. iw_ - Irr1MlW.1.Ifla 13 #77JAW OWN t. I6a41i1M lferlMtY M�Ms b` _ 2pIY11AM1iIr Optlpy� MMMM/ t{Il�s . ld ,..., . _ .- , .. _: �OiRTMYi1rwMlloft !i ! �Ar1�lr�_�'YMIIi � a. 290N�M1 un�s 3tt fii" i8,2q ILM 2pYi:'#pRilgq�iOWC 8111trs Ll�he M.A ia:S ' . .: pis: a-**. 03^ IF**12A79.NOW. *WAWie'W**m*mm*O IUrOtpuWat2i.6%,IMiMrOp 1MYMlIOIIIY1p:MI1�,a1t WlIYIM��fti�IYMNIr itdl! 1?s11� MOnllttjlrl�iO�t Itrtrind �/�ilG Y/L�Itt 11f111(Ilr lYdlf: ;AR 1M111Mg1 Omd"' 11 VdLq*knWOOMSi*$43%*4.*AMiatrdMil**ftv**4F$3ffPl4rMMi,wk.ln#w1 . .. .. pnWIROad to dunge by 3."%&V O)V S1i i:: wow aml/w*WA �Iif 3Od,t"ft WtiiME�et i1R"tEYt #d1Ul�i3tt Qf11I11� 4MM��MMYA,id#� 411ra6xn!MMw .. .. M roam,*** .. ... .. . IR 1 oft �i7M1iYi�a¢ttlYrs,MMct�Mftrlglri t�eMYtfM!!ij"l�M��Ir';�gy�MRi4'OMNMIFYIMAt3lB': rt p¢*rrf«a+Mr+�+ww�ltWiwtlryi4i4w iM!!MMlwre�ra4wwyj�Mrtil _ .. i4MMlN��IItYt . . +Arrtw+ a�t�Ntil ttIr M i► w ttaes -77, 1 ,�o�aalrva.�wt�.r:�ftren�„aara�w »irmarMlierwt#P!►tM awliiirt�I�a, pNt� 14 1129 Boyle & Drake, Inc. OTTil i"*.a"k 644 i 3 s �a7i1�� lgpe�IM1 i41 � 1l�R1i 30Q8.CarouPs � � � 21"lwbt PON 2w Gmup Quad" d. 7k1 357 met Ropulatf , fto M1i0f1t15ts_ �N.' �� . 71►1� NOorMialdr � TOM 79Wor igjl6? 31ii 70�iNa�li4ttn rlf i 110Wat�i11�U14 Ulm -i�l�Mt+erutVAN 240 i4a4ily she w MOP raw* so 3DQ9 iMy! NJ a; ; 2 ? 73 ... !'a10 fIgIMIM31JeM1 ma 6M., .. .. 174% `. .: 3jW HOW" UjIli IP 1Mn!/►00E�131er�ManeYn9 tl� !A.!!M. ia9lk.. 2��. . MItM►Orp�i(Id MQiigip�p lYii�. i1alr► � F1.ip�jc ' Z�1 lUM�Ylg tAttRis IZZ.. . . AemrQpa4le�dtletteltt3tla�t l�� 5,.�1i 1i."�14 ���wt MtaMttrMMlMffflt�Mr Mrrttl+� A�kk��M1�i*ilrlr. ir1lkA�i�i�r11�. 15M►lliMio-Mllri�M�t�'�il 1Otli!MIRE'1�ItItaQ/t1lMlttlRltYAMM�#M+��f�''1�iit(�''�`�fkMl�./�Ij 'f�111i�g1��iR'I111��M.IfIIrA-i� �M!>�rt�:�� IM�if�Yli' 1'S . ...... ......... ......... _.. 1130 Boyle & Drake, Inc. Market Area Demographics We have analyzed data on population, average household size, average household income and buying patterns within the subject's trade area. The Site To Do Business provides the following information within the 3 -mile radius, which is considered the primary trade area for the subject property. In 2024, the trade area's population was 15,520. The population projection for 2029 is 17,386 which shows a growth rate of 2.30%. This indicates minimal growth in the area. Households within the 3 -mile radius of the subject nominally increased from 2024 with 7,562 households to 8,475 households in 2029. Median household income in 2024 was $120,485 which is substantially above the national median income of $79,0968. Overall, the market demographics are favorable indicating minimal population growth with above average household incomes compared to the median for the United States. Current Market Conditions- 2025 Real Estate values were increasing substantially from January 2020 to March 2022. Since mid -2022 price appreciation has slowed, and values have stabilized. Some sections continue to show appreciation while the sectors heavily dependent upon financing have shown slight value declines as a result of the elevated mortgage rates. Marketing times typically run 3 to 6 months when asking prices are near or at market value. Currently, the market is considered to be stable to slightly increasing. 16 1131 Boyle & Drake, Inc. Market Area Housiniz Values The following table summarizes the single-family housing statistics for comparable areas of Indian River County between the years of 2019 to 2025. We have excluded sales from the barrier island as many of the properties have riverfront or ocean views which sell well above the typical mainland home price. From 2019 to 2020 the market remained mostly stable with slow growth. Between late 2020 and early 2022 there were substantial increases in the market. This was due to Covid-19 as remote workers were relocating from larger metropolitan areas to suburban regions. During 2023 appreciation slowed but still steadily continued. Between 2024 to current the market has remained mostly stable with either minimal growth or minimal decline depending upon the neighborhood. Indian River County Single Family Activity Per MLS - Mainland Average Sale Average Ical 1t of Ja1cJ rnue L-PUIV1 talus HV . rnce LJvlvl 2025 748 $451,030 101 - - - 2024 2198 $450,532 89 -3% 5% 7% 2023 2255 $429,166 83 -9% 6% 73% 2022 2466 $403,354 48 -22% 190/0 -36% 2021 3168 $340,159 75 6% 20% -24% 2020 2987 $284,247 99 5% 7% 43% 2019 2834 $266,240 69 - - - ce: IRC MLS - Statistics include sales in area 21, 31, 41, 42, 51, 52, and 53 for SFR I Commercial Uses The majority of the commercial development within the subject neighborhood are located along CR 512, SR 60 and U.S. Highway 1. Commercial uses include small retail strip centers, gas stations, restaurants, single tenant retail users, and a variety of heavy commercial uses including citrus packing plants and light manufacturing facilities. The major shopping facilities are located along US Highway 1 or SR 60. 17 1132 Boyle & Drake, Inc. Commercial Uses (Continued) To the north in Sebastian, there is a major shopping center at the intersection of US Highway 1 and Roseland Boulevard (County Road 505). The Riverwalk Shopping Center is anchored by Publix and Walgreen's and has a number of smaller retail tenants. Just south of Riverwalk a 100,000 square foot K -Mart was demolished, and a Home Depot was built. South of the Home Depot a Wal-Mart was also built. The Wal-Mart Supercenter occupies 104,300 square feet with additional in-line retail tenants located in free standing strip centers. The Roseland area has been the primary shopping location for the northern subject neighborhood of Sebastian. The southern end of the Market Area is served by the Miracle Mile Shopping District consisting of two Community Shopping Centers and other free-standing retail and strip shopping center. The district is anchored by the grocery stores of Publix and the Fresh Market along with a TJ Maxx and a mix of national and local in-line tenants including Panera Bread and Too Jays Deli. The Miracle Mile district is the primary retail district for the barrier island residents. Due to the barrier island demand, there has been interest in the County Road 510 commercial land extending from US Highway 1 east to the river. Publix Supermarket recently purchased a site and is constructing a new store in this area to coincide with Pulte Homes commencing development on Harbor Isle, after the project was shelved by WCI in 2006. The most recently completed new commercial uses to be developed locally have been mini - storage facilities and single tenant retail uses along SR 60 and US Highway 1. Specifically, Three mini -storage facilities were completed along the US Highway corridor between Vero Beach and Sebastian with an additional facility being completed along eastbound SR 60, just west of US Highway. Vero Beach Airport In 1929, Bud Holman, whose sons and grandsons now operate Sun Aviation, was one of the members of the group that built the Vero Beach airport. The Vero Beach Regional Airport was dedicated in 1930 and in 1932 Eastern Air Lines began refueling there. In 1935 EAL started passenger and mail service from Vero Beach, continuing until around 1972. By the end of the 1930s, the airport was upgraded with runway lights, radio and teletype machines. In 1939, using Public Assistance workers, the runways were extended and a year later the Civil Aviation Administration (CAA) spent $250,000 on more improvements. is 1133 Boyle & Drake, Inc. Vero Beach Airport -Current Currently the Vero Beach Airport is a 1,707 -acre tower -controlled facility with a FAR Part 139 operating certificate. There are three runways 12/30L at 7,314' x 1061, 4/22 at 4,974' x 100' and 12/30R at 3,504' x 75'. Multiple FBO's provide fuel and maintenance facilities along with flight training at Paris Air and Skybome Flight Academy, formerly Flight Safety International. Breeze Airways provides less than daily service to seasonal locations including White Plains, NY, Hartford Connecticut, and Norfolk, Va. Elite Airways was providing passenger service to similar seasonal destinations but suspended service in June 2022. Due to increases in private jet travel among local residents, there has been substantial hangar development on-going over the last 5 years with over 100,000 square feet of space added and additional space in development. Proposed Residential Projects along US Highway 1 in Central Indian River County Within the Central Indian River County Market Area and along the Us Highway 1 corridor near the subject property there are several proposed multi -family and single-family residential projects which have been discussed in the following pages. This information was reported in the Indian River County Community Development Report. Orchid Bay This proposed project is located at 8790 441 Avenue in Wabasso at the northwestern base of the Wabasso Causeway Bridge and will include 6 duplexes (12 units). The proposed project includes Indian River Lagoon water frontage. Orchid Reserve Townhomes This project is located at 8910 US Highway 1 in S in Sebastian. The location is along the east side of US Highway 1 approximately 0.5 miles north of County Road 510.The project has been proposed for 100 multi -family units. Equiteas Corners PD This proposed project is located at 6480 85th Street in Sebastian and has been proposed for 61 residential units, a gas station/convenience store with 20 fueling stations and a car wash. 19 1134 Boyle & Drake, Inc. Bristol Bay This proposed project is located at 4475 Wabasso Road in Sebastian and has been proposed for 499 multi -family units. Liberty Park This proposed project is located at 7000 85th Street in Sebastian and has been proposed for 173 multi -family units. 5920 US Highway 1 This project is located at 5920 US Highway 1 in Vero Beach and has been proposed for a 24 unit multi -family units and 13 single family units. Medstav Multifamily This project is located at 2785 496' Street in Vero Beach and has been proposed for a 15 multi- family rental units for employee and seasonal worker housing. Arbours at Vero Beach PD This project is located at 6250 Highway 1 in Vero Beach and has been proposed for a 84 unit multi -family community. This project has been approved by Planning and Zoning with conditions. Hammock Shores PD This project is located at 3150 69' Street in Vero Beach and has been proposed for a 108 single family lot subdivision. High Point PD This project is located at 4255 65d' Street in Vero Beach and has been proposed for a 170 unit multi -family project. High Point West This conditionally approved project is located at 4525 65th Street in Vero Beach and has been proposed for a 31 unit single-family project. 20 1135 Boyle & Drake, Inc. Lost Tree Preserve This approved project is located along the north side of 65h Street and west of Old Dixie Highway in Vero Beach and has been proposed for a 389 single-family lots and 64 single- family attached units. RSG Vero Beach This project is located at 4755 77th Street in Vero Beach and has been proposed for 560 mixed multi -family and single-family units. Spoonbill Preserve PD This project is located at 5550 US Highway 1 in Vero Beach and has been proposed for 460 single-family lots and 412 multi -family units and 17,440 square feet of commercial buildings. Bridge Creek Subdivision This conditionally approved project is located at 4675 650' Street in Vero Beach and has been proposed for a 78 single-family residential lots. Quay Dock Landing This project is located at 2225 63rd Street in Vero Beach and has been conditionally approved for a 60 lot residential subdivision. Planned Residential Projects According to the Indian River County Community Development Department's Activity Report, there is in excess of 3,300± residential units planned for the mainland subject market area under review. All of these projects would be located within a 15 minute drive time to the subject property and would be considered competition in the market if the subject property were to be developed with residential units. 21 1136 Boyle & Drake, Inc. Summary of Major Market Area Factors: Market Area Ratings Good Average Fair Poor Access ® ❑ ❑ ® ❑ Appearance ❑ ® ❑ ❑ ❑ Protection from Crime ❑ ® ❑ ❑ Availability of Shopping ❑ ® ❑ ❑ Access to Schools ❑ ® ❑ ❑ Employment Opportunities ❑ ❑ ® ❑ Economic Base ❑ ® ❑ ❑ Occupant Skill Levels ❑ 0 ❑ ❑ Availability of Commercial Services ® ❑ ❑ ❑ Tax Burden for services provided ❑ ® ❑ ❑ Protection from Detrimental Conditions M 10 1 El Marketability Market Area economic considerations are summarized below: Market Area Growth & Value Changes Increasing Stable Declining Population ® ❑ ❑ Property Values ® ® ❑ Rents ® ® ❑ Vacancies ❑ ® ❑ Changes in Property Use Conclusion Market value analysis can best be summarized by referring to neighborhood life cycles. Market areas are perceived to go through four cycles, the first being growth, the second being stability, the third decline, and the fourth revitalization. It is our opinion that increase in interest rates in late 2022 and through 2025 have somewhat "cooled" the residential market. The overall conclusion of marketability for typical properties within the market area is average to good with the only hindrance on growth being the lack of corporate employment and interest rates being at the highest levels in 15+ years. 22 1137 Boyle & Drake, Inc. AERIAL We have included the following two aerials to illustrate the overall characteristics of the subject property. Aerial map of the subject per the Indian River County Property Appraiser's Website. The subject is outlined in yellow. 23 1138 Boyle & Drake, Inc. WETLAND MAP Q Parcel Boundary Natural Communities Mangrove Swamp (19.448 Ac.) Mixed Hardwood -Coniferous (14.506 Ac.) Mes+c Flaiwoods (1.650 Ac.) Citrus (0.054 Aa) Residential, Med. Density - 2-5 Dwelling Units/AC (0.018 Ac.) Rural Qpen(0.003 Ac.) Estuarine (0.001 Ac.) Figure 3. NN The Land Use and Natural Communities A on the Winter Beach 73rd St. Property Indian River County, Florida 0 150 300 Boo water & air Source.WAW & Air Research. Inc.. 2024, Feet KSURCN. INC. J:i4A]ha4.�WrarCwLLyJh3'�t6adR NI CoEm Aexunwnls�M'irmreM.T3NFq,.w.Od 202lKigann2i•&dZ NteRerBwa ]}C 91 F�ye)mie, rM1!t�T12T8Ua OM Aerial map of the subject per the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024. The subject is outlined in red. 24 1139 Boyle & Drake, Inc. PROPERTY DATA Location The subject property is located east of US Highway 1 at the terminus of 73rd Street in Vero Beach, Florida. The physical street address of the subject property is 2705-3005 73rd Street, in Vero Beach, F132967. Total land size is 1,611,284± square feet, or 36.99± acres. Access The subject property consists of two parcels of record. Access is currently by way of the east terminus of 73rd' Street. 73rd Street is a two-lane paved roadway that transitions into a dirt roadway. The access point to the property is approximately 0.38± miles from US Highway 1. Overall, access is rated as average for the subject property as to develop the site approximately 0.15± miles of paved road will need to be completed. Site Size The subject property totals approximately 36.99± acres. The Per the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 indicates 17.4+- acres of uplands and approximately 19.5± acres of wetlands. The subject site's size and shape are summarized below. The data source was personal observation, public records, aerials county tax assessor data and the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024.. Front Feet Along the 39th 1,390± Front Feet Street right-of-way Area/Square Feet 1,611,284± Area/Acres 36.99± Upland Acre 17.4± Wetland Acres 19.5± Shape Irregular Topography -Uplands Former citrus grove and wetlands that are overgrown with native and exotic vegetation. Elevations range from approximately 0 to 7 feet. The subject appears to be level to below road grade. Due to the thick vegetation, it is unknow if any of the former citrus beds remain. 25 1140 Boyle & Drake, Inc. Zoning and Land Use Zoning and Future Land Use was based on the Indian River County Zoning Map and Future Land Use Map. The subject is zoned RS -1 and RS -3, Residetial Single Family 1-3 Units per acre by the Indian River County and carries a land use of L-1, Low Density Residential (3 Units per Acre) & C-2, Conservation (1 Unit per 40 acres). RS -3 permit development up to three units per acre and RS -1 permit development up to one unit per acre. An excerpt from the Indian River County Zoning Map with the subject property outlined in yellow follows. The subject property is under Future Land Use Designations; L-1, Low Density Residential (3 Units per Acre) & C-2, Conservation (1 Unit per 40 acres. L-1 permites residential development of up to three units per acre. C-2 permites residential density of one unit per 40 acres. The area of the property determined to be wetlands, by the wetland survey, appears have C-2, Conservation zoning applied to the entire area. An excerpt from the Indian River County Land Use Map with the subject property outlined in red follows: 26 1141 Boyle & Drake, Inc. Zoning and Land Use (Continued) Based upon the above zoning districts and future land use of the subject property indicate a maximum density of 60± units as detailed in the below chart. Note that there are currently no active development approvals on the subject site. Zoning & Density Calculations Max Density Zoning Acres Allowed Units RS -3 12.28 3 36 RS -1 24.71 1 24 Totals 36.99 60 Topography/Wetland Areas Based on the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 and a review of Public Records, the site includes approximately 19.5± acres of wetlands and approximately 17.4± acres of uplands. 27 1142 Boyle & Drake, Inc. Soil Types In general the subject site consists of former bedded citrus land that is overgrown with native and exotic vegetation and wetland areas. The following map and chart indicate the soil types at the subject property as reported by United States Department of Agriculture. 28 1143 29 1144 Boyle & Drake, Inc. Utilities Utilities to or near the site include telephone, electricity, water and sewer. Electricity lines are currently located near the subject property. Indian River County Utilities supplies water and sewer service. To develop the site with the maximum density of 60± units, the site would require connection to municipal water and sewer and may require extension and upgrades to the existing lines to service the subject property if developed. Easements The available Indian River County data and the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 do not indicate the presence of adverse easements. Upland Preservation Based on the site visit and aerials, it appears that the subject property includes mostly impacted uplands with heavy growth of exotic vegetation. A site assessment should be undertaken in order to determine any additional upland preservation requirements other than the typical open space requirements and tree mitigation requirements. Environmental Considerations We have not been informed of any environmental issues. We did not observe any obvious environmental issues but we are not qualified to make that determination. It is suggested that our client order a Phase 1 Environmental Site Assessment Report prepared by qualified inspector to determine if there are any environmental issues. We also recommend a wildlife survey to determine if any protected species such as the Scrub Jay, Gopher Tortoise, etc inhabit the subject site. Noted that the Environmental Impact Report did not indicate the presence of any endangered species. Deed Restrictions We have not been advised of the presence of any deed restrictions that may restrict the use of the property. We have not made a title search for deed restrictions nor are we qualified to render a title search. A title search was not provided to us. 30 1145 Boyle & Drake, Inc. Abutting Use Below is a summary of the abutting uses to the subject property. None of the abutting uses are considered to be adverse to the subject property. • North — Residential Development. • South — Residential Development. • East — The Indian River Lagoon • West — Vacant Residential Land. Census Tract The subject is located in Census Tract 508.12 of Indian River County. 31 1146 Flood Hazard Zone National Flood Hazard Layer FIRMette M a :. .. 4.0'x^ Z016� II� Vis. T — .R 50 pYwa�II I�fF�1�IMYII1Mar. �.. .... . • � �4�' � Y R'.M IN�1 1s[AILIIIIYI�IM : ::. � .... ... : U ncocporamd•Ar�eas ^, -7f, c ... .. � ... .. .. - 120119- COASTALIFOOODP M �- 7a�iia�Af .. .: T325 R3BE IELTBFeet} ... .... RM COASTAL FLOODPLAI � ���+�: 'ELL7 Fee)) 6 350 300 5.066 1.506 7.000 . -00SWPIPW^� �III�I�YII�q'�I V AN1�1wIR�aM .. . Flood X - Areas determined to be outside 500 year flood plain and is not a designated flood hazard area. Zone X Shaded- Areas of 0.2% annual chance flood hazard, areas of 1% annual chance flood with average depths less than one foot. Flood Zone AE - Special flood hazard areas with base flood elevations. Flood Zone Classification Zone AE Map Panel Number 12061 CO231 J Map Date 1/26/23 The subject parcel is located within Flood Zone AE and flood insurance will be required for improvements constructed on the subject properties encumbered by a mortgage if additional site fill is not added to the property. 32 1147 Boyle & Drake, Inc. C onclminn In conclusion, there does not appear to be any obstacles to developing the subject to its highest and best use other than the wetland areas. The subject site, as vacant, is considered to be available for development to its highest and best use which in our opinion is for development of a maximum of approximately 60f single-family residential units as indicated by the Indian River County Zoning Map. The wetlands create obstacles in developing a more intensive development. 33 1148 Boyle & Drake, Inc. REAL ESTATE TAXES Tax ID No: 32-39-03-00000-0030-00001/0 Year Assessed Value Millage Rate Ad Valorem Taxes 2024 $348,676 14.0812 $5,494.38 The assessed value totals $ 348,676 Ad valorem real estate taxes total $5,494.38 with no additional non -ad valorem real estate taxes. Tax ID No: 32-39-02-00000-5000-00001/0 Year Assessed Value Millage Rate Ad Valorem Taxes 2024 $30,600 14.0812 $430.88 The assessed value totals $30,600 Ad valorem real estate taxes total $430.88 with no additional non -ad valorem real estate taxes. The subject's current total property tax liability is $5,925.26 per year. Based upon the Appraised value, the subject is under assessed. 34 1149 Boyle & Drake, Inc. HIGHEST AND BEST USE The Appraisal Institute, in the 13th Edition of The Appraisal of Real Estate, defines Highest and Best Use as: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.' In estimating the Highest and Best Use as though vacant and as improved, there are essentially four stages of analysis: Legally Permissible: What uses are permitted by zoning, private restrictions, building codes, historic district controls and environmental regulations? 2. Physically Possible: What legally permitted uses are physically possible? 3. Financially Feasible: Which of legally permissible and physically possible uses will produce a net return to the owner of the site? 4. Maximally Productive: From the financially feasible uses, the use that produces the highest price or value is the Highest and Best Use. The Highest and Best Use of the land (or site) if vacant and available for use may be different from the Highest and Best Use of the improved property. This is true when the improvement is not an appropriate use, but it makes a contribution to the total property value in excess of the value of the site. 1The Appraisal Institute, The Appraisal of Real Estate, 13th ed., 277 35 1150 Boyle & Drake, Inc. As Vacant Legally Permissible Restrictions imposed by local, state, and federal governments, in addition to various "private" use restrictions determine a site's legal uses. We analyze legal uses with respect to zoning ordinances, deed restrictions, various encumbrances, easements, environmental regulations, and other legally imposed use restrictions. We also examine the ability of the potential use to conform to the existing and anticipated neighborhood development trends and surrounding land uses. The current zoning and land use permits the development of the subject with low density residential uses. The subject's zoning and land use will allow development of up to 60± residential units. Noted that any portion of the subject property that is identified as a jurisdictional wetland connected to the Indian River Lagoon will likely fall under the C-2, Conservation land use and be limited to a density of 1 unit per 40 acres. We are not aware of any legal conditions that would preclude the development of the subject land in a manner consistent with our opinion of the highest and best use. Physically Possible The shape, size and soil conditions of the subject sites uplands lend themselves to agricultural or residential development. Site size and shape are considered adequate for development. The underlying soils of the upland areas of the subject appear capable of supporting residential development assuming no other environmental issues other than the wetland areas. Based on the subject property's site size of 36.99± acres which includes approximately 17.4± acres of uplands and the current zoning district's minimum lot size of 12,000 square feet. We have estimated the subject property's upland area would be able to support approximately 3 units per acre or 39 units in total. Public water and sewer is available. Based on surrounding developments, it is reasonable to conclude that the site is capable of supporting development consistent with our conclusion of highest and best use. Financially Feasible Based on current conditions inclusive of vacant land pricing in the local market, we estimate the current most financially feasible use of the subject is for development of up to 39± Single - Family Residential units as there is strong demand for residential uses. 36 1151 Boyle & Drake, Inc. Maximally Productive "Of the financially feasible uses, the highest and best use is the use that produces the highest residual land value consistent with the market's acceptance of risk and with the rate of return warranted by the market for that use given the associated risk. Based on the information we obtained and in the course of this assignment, it is our conclusion that development of up to 39 residential units would be financially feasible and the highest and best use. Conclusion Based on the information presented above, and that data set forth in earlier and later sections of the report, we have conclude that the highest and best use of the subject sites "as vacant", would be for development of a multi -family development with approximately 39 residential units. Most Probable Buyer Our analysis of the subject property and its respective market characteristics indicate the most likely buyer would be a land speculator/developer. 37 1152 Boyle & Drake, Inc. VALUATION Preface to Value The process of deriving a value indication for the subject property by comparing sales of similar properties to the property being appraised, identifying appropriate units of comparison, and making adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market -derived elements of comparison. The sales comparison approach may be used to value improved properties, vacant land or land being considered as though vacant when an adequate supply of comparable sales is available. Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. Page 170 (Chicago: Appraisal Institute, 2022). The Sales Comparison Approach was the only approach to value necessary to produce a credible appraisal as the subject property is vacant land. The Cost Approach was not applicable do to the lack of improvements. The Income Approach was not applicable as the subject property is vacant land and is not income producing. 38 1153 Boyle & Drake, Inc. Sales Comparison Approach The Sale Comparison Approach was provided in order to estimate the market value of the vacant land residential land "As Is". Each of the following sales has been analyzed in terms of property rights conveyed, cash equivalency, conditions of sale, time or changes in market conditions, location, topography, property size, zoning/land use and availability of utilities. We researched sales of similar land within the market area (Indian River County) and one sale outside the market area (Brevard County). The typical unit of comparison for residential subdivision development is the price per planned/approved unit. Subdivisions are typically developed below the maximum allowed density with the site plan receiving approval prior to purchase finalization. We have reviewed the legal requirements of the subject's zoning district and data from the Sales Comparison Approach to estimate planned unit density for the subject at 39 units. Based upon the above summary chart. We have placed most weight on the price per planned unit as it is given the most weight by market participants. The above land sales ranged in price from $29,167 to $41,177 per planned unit with an average of $37,159 per planned unit. A location map, sales write up, ranking analysis, sales chart and a conclusion are shown on the following pages. 39 1154 RESIDENTIAL LAND SALES Density Sale htirture Uplands Wetlands Units Planned S/Upland Zoned Planned Zoned/ Sale Location Date Sale Price Zoning Land Use Acres Acreage Acreage Toned Units $/Acre Acre $/Unit $/Unit Planned 1 6250 US Highway Mar -25 53,000,000 CG & RM -3 L-1 24.89 14.89 - 74.67 73 $120,530 $120,530 $40,177 $41,096 3.00 Vero Beach, Indian River County 2.93 2 TBD Glenham NE Dr Mar -24 $1,425,000 RS -2 LDR 15.52 8.93 6.59 77.6 - $91,817 $159,574 $18,363 5.00 Patin Bay, Brevard County 3 3150-3250 69th Street Mar -24 $4,250,000 RS -1 & RS -3 L-1 & C-2 54.73 54.73 - 163 118 $77,654 $77,654 526,026 $36,017 3.00 Vero Beach, Indian River County 2.16 4 2225 Quay Dock Road Dec -23 $1,750,000 RS -1 & RS -3 L1 & C-2 37.28 37.18 0.10 88 60 $46,942 $47,068 $19,859 $29,167 3.00 Vero Beach, Indian River County 5 305069th Street Nov -73 55,000,000 RS -3 Ll 47.71 47.71 - 143.13 118 $104,800 $104,800 $34,933 $42,373 3.00 Vero Beach, Indian River County 2,47 6 7650 39th Avenue Mar -22 53,900,000 RS -3 & RM -3-6 L2 & C-2 48.80 22.20 26.60 235.38 105 579,918 $175,676 $16,569 $37,143 4.82 Vero Beach, Indian River County 2.15 Min: 15.52 8.93 0.10 75 60 $46,942 $47,068 $16,569 $29,167 2.15 Average: 38.16 32.61 11.10 13037 94.80 $86,944 $114,217 $25,988 $37,159 3.15 Mac 54.73 54.73 26.60 235.38 118.00 $120,530 $175,676 $40,177 $42,373 5.00 Based upon the above summary chart. We have placed most weight on the price per planned unit as it is given the most weight by market participants. The above land sales ranged in price from $29,167 to $41,177 per planned unit with an average of $37,159 per planned unit. A location map, sales write up, ranking analysis, sales chart and a conclusion are shown on the following pages. 39 1154 Boyle & Drake, Inc. Sales Map C IV x Comparable Sale 2 TBD Glenham NE Dr +� I14�rlIDE cAK Palm Bay, FL 32905 23.74 miles { .. ..' Jit SeE: .... - Comparable Safe 6 .. ... ... . R k�.r F P ,� �' 7650 39th Avenue Vero Beach, FL 32967 , 0.92 miles NW 2705-3005 73RD STREEt Ver Peach, FL 3M7 s - Comparable Sale 3 3150-3250 69th Street Vero Beach, FL 32967 0.31 mil SW Comparable Sale 5 { 3050 69th St w :.2225 Quay Dock tzaaQ' Vero Beach, FL 32967 i Vero Beach„ FL 32967 t 0-56 miles SW 0,96 mites SE i coy Comparable Sate 1 S 6250 US Highway Vero Beach, FL 32967 : 4 - I 123 f�OtMd4 i .,. ... 1�5'S Boyle & Drake, Inc. Sale No. 1 Property Type: Residentential Vacant Land Deed Date: 03/20/2025 OR Book: 3763 Page: 1725 Legal Description: Please see the deed included in the addenda. Location: 6250 US Highway 1 County: Indian River Parcel ID: 32391000000700000029.0 Access: At the corner of Us Highway 1 And 63rd Street Grantor: Arbours At Woodley Village LLC Grantee: Grbk Gho Homes LLC Zoning: (RM -3), Residential Multi Family (3 Units Per Acre) (C -G) Comercial General Future Land Use: (L-1), Low Density Residential (3 Units Per Acre) Property Rights: Fee Simple Condition of sale: Arm's Length Financing: Cash Equivalent Sales Price: $3,000,000 Days on Market: Off Market Sale Gross Acres: 24.89 Price/Gross Ac $120,530 Upland Acres: 24.89 Wetland Acres: N/A Zoned Units 74 Price/Zoned Unit $40,176 Planned Unit 73 Price/Planned Unit $41,096 Present Use: Vacant Highest & Best Use:Residential Development Intended Use: Residential Development Utilities: County water, Sewer, electric Verification: True Buyer - Steve Lowitz 41 1156 Boyle & Drake, Inc. Comments This site is located at the corner of US Highway 1 and 63rd Street in Vero Beach, Florida. The site is zoned CG commercial general and RM -3. The zoning district permits commercial and multi -family development up to 3 units per acre. The land use designation is L-2, which also permits 6 units per acre. In our opinion the highest and best use is to develop the entire site with a residential development scheme as opposed to developing a commercial project at the corner of the site. This opinion was based upon the more sparce development between Sebastian and Vero beach along the major throughfare. The buyer, GHO Homes is a local semi -custom home builder who has developed several subdivisions in the area. Currently, the site is planned to be developed with 73 single family homes. Current Sale Information: Previously this property sold in March of 2025 for $3,000,000, or $120,530.33 per square foot of upland area and $1.30 per square foot of gross land area. It is our opinion that the sale was market oriented. Prior Sale Information: Parcel 1 sold in June 2023 for $997,500, or $49,528.30 per acre of gross land area. Parcel 2 previously sold in June 2023 for $262,500, or $55,263.15 per acre of gross land area. Additionally, parcel 2 included a non -arm's length internal transaction which occurred in August of 2024 for $100. There have been no other arm's length sales over the past five years. 42 1157 Boyle & Drake, Inc. Sale No. 2 Property Type: Residentential Vacant Land Deed Date: 03/06/2024 OR Book: 10011 Page: 1345 Legal Description: Please see the deed included in the addenda. Location: TBD Glenham NE Dr County: Brevard Parcel ID: 28-37-23-00-761 Access: Glenham NE Dr Grantor: Ska Properties LLC Grantee: Price Family Homes INC Zoning: (RS -2), Single Family Residential (3 Units Per Acre) Future Land Use: (LDR), Low Density Residential (3 Units Per Acre) Property Rights: Fee Simple Condition of sale: Arm's Length Financing: Mortgage/Sunrise Bank -$926,250 Sales Price: $1,425,000 Days on Market: Off Market Sale Gross Acres: 15.52 Price/Gross Ac $91,817 Upland Acres: 8.93 Wetland Acres: 6.59 Zoned Units 77 Price/Zoned Unit $18,363.40 Planned Unit N/A Price/Planned Unit N/A Present Use: Vacant Highest & Best Use:Residential Development Intended Use: Residential Development Utilities: County water, County sewer, electric Verification: True Buyer - Price Family Homes Sales Office 43 1158 Boyle & Drake, Inc. Comments This site is located along on the west side of Glenham NE DR just south of Palm Bay Road in Palm Bay, Florida. The site is zoned RS -2, Single Family residential permitting f5 single family units per acre and has a future land use designation of LDR, Low Density Residential. The buyer, Price Family Homes is a local home builder in the area, offering customizable house plans and specializing in "build on your lot" services. Additionally, Price Family Homes currently has one production community which is known as Hidden Woods. Hidden Woods is a townhome HOA community which offers 3 to 4 unit buildings with minimal to no amenities. Per our conversation with the sales team, the site is in the planning stages and the project is approximately 2-3 years from delivering their first lots to market. Current Sale Information: The property sold in March of 2024 for $1,425,000, or $91,817 per acre of gross land area. It is our opinion that the sale was market oriented. Prior Sale Information: The Property last sold in June 2012 for $152,900, or $9,793.81 per acre of gross land area. There have been no other arm's length sales over the past five years. U 1159 Boyle & Drake, Inc. Sale No. 3 Property Type: Residentential Vacant Land Deed Date: 03/14/2024 OR Book: 3684 Page: 959 Legal Description: Please see the deed included in the addenda. Location: 3150-3250 69d' Street & 3205- 3275 73rd Street County: Indian River Parcel ID: 32390300000700000005.0, Multiple Please See Addenda Access: 69d' Street and 73' Street Grantor: Marc Vero Beach LLC Grantee: Grbk Gho Homes LLC Zoning: (RS -3), Single Family Residential (3 Units Per Acre) (RS -1) Single Family Residential (1 Unit Per Acre) Future Land Use: (L-1), Low density Residential (3 Units Per Acre) Property Rights: Fee Simple Condition of sale: Arm's Length Financing: Cash Equivalent Sales Price: $4,250,000 Days on Market: Off Market Sale Gross Acres: 54.73 Price/Gross Ac $77,654 Upland Acres: 54.73 Wetland Acres: N/A Zoned Units 163 Price/Zoned Unit $26,025 Planned Unit 118 Price/Planned Unit $36,016 Present Use: Vacant Highest & Best Use: Residential Development Intended Use: Residential Development Utilities: County water, County Sewer, Electric Verification: Listing Broker - Bill Mills 45 1160 Boyle & Drake, Inc. Comments This site is located In between 691 Street and 791 Street in Vero Beach, Florida. The site is mainly zoned RS -3, permitting 3 single-family units per acre with and additional (0.444 acres being zoned RS -1 Single Family which permits 1 unit per acre. The land use designation is L-1, Low density Residential, permitting 3 units per acre with an additional ±0.44 acres having a future land use designation of (3 Units Per Acre). The buyer, GHO Homes is a local semi -custom home builder who has developed multiple large-scale subdivisions in the area. The project directly abuts a prior GHO community which was completed within the last 5 years. Currently, the site is planned to be developed with 118 single family homes. Current Sale Information: The property sold in March of 2024 for $4,250,000, or $77,653 per acre of gross land area. It is our opinion that the sale was market oriented. Prior Sale Information: There have been no other transactions over the past five years. 46 1161 Boyle & Drake, Inc. Sale No. 4 Property Type: Residentential Vacant Land Deed Date: 12/1/2023 OR Book: 3666 Page: 2197 Legal Description: Please see the deed included in the addenda. Location: 2225 Quay Dock RD County: Indian River Parcel ID: 32391100000500000001.0 Access: Quay Dock RD Grantor: H Wayne Klekamp INC Grantee: Rancho Homes LLC Zoning: (RS -3), Residential Single Family (3 Units Per Acre) (RS -1) Single Family Residential (1 Units Per Acre) Future Land Use: (L-1), Low density Residential (3 Units Per Acre) (C-2) C-2 Conservation (1 unit per 40 acres). Property Rights: Fee Simple Condition of sale: Arm's Length Financing: Cash Equivalent Sales Price: $1,750,000 Days on Market: Off Market Sale Gross Acres: 37.28 Price/Gross Ac $46,942 Upland Acres: 37.28 Wetland Acres: 0.1 Zoned Units 88 Price/Zoned Unit $19,859 Planned Unit N/A Price/Planned Unit N/A Present Use: Vacant Highest & Best Use:Residential Development Intended Use: Residential Development Utilities: County Water, County, Sewer, Electric Verification: Buyer Broker - Terry Torres 47 1162 Boyle & Drake, Inc. Comments This site is located on the south side of Quay Dock Road and the north side of 63rd Street in Vero Beach, Florida. Specifically, Quay Dock Road only has a 10'foot paved Roadway, which is insufficient to develop a subdivision. As such, 63' street will need to be extended approximately ±0.143 miles. The site is zoned RS -3, permitting 3 single-family units per acre. The land use designation is L-1, low density residential permitting 3 units per acre. There is 0.1 -acre tract of wetland on the opposite side of Quay Dock Road which would likely be abandoned. As such, this minimal area was given minimal consideration. Current Sale Information: The property sold in December of 2023 for $1,750,000, or $46,942 per acre of gross land area. It is our opinion that the sale was market oriented. Prior Sale Information: There have been no other transactions over the past five years. 48 1163 Boyle & Drake, Inc. Sale No. 5 Property Type: Residentential Vacant Land Deed Date: 12/1/2023 OR Book: 3666 Page: 692 Legal Description: Please See The Deed Included In The Addenda Location: 3050 69t` Street County: Indian River Parcel ID: 32391000000100000002.0, Multiple Please See Addenda Access: Quay Dock Road and 69' Street Grantor: Winter Beach LLC Grantee: Toll Southeast Lp Company Inc Zoning: (RS -3), Residential Single Family (3 Units Per Acre) Future Land Use: (L-1), Low density Residential (3 Units Per Acre) Property Rights: Fee Simple Condition of sale: Arm's Length Financing: Cash Equivalent Sales Price: $5,000,000 Days on Market: Off Market Sale Gross Acres: 47.71 Price/Gross Ac $104,799 Upland Acres: 47.71 Wetland Acres: N/A Zoned Units 143 Price/Zoned Unit $34,933.27 Planned Unit 118 Price/Planned Unit $42,372.88 Present Use: Vacant Highest & Best Use:Residential Development Intended Use: Residential Development Utilities: County Water, County Sewer, Electric Verification: True Buyer — Toll Brothers Sales Office 49 1164 Boyle & Drake, Inc. Comments This site is located on the south side of 69' Street just east of 33' Avenue in Vero Beach, Florida. The site is zoned RS -3, permitting 3 single-family units per acre. The land use designation is L-1, Low Density Residential permitting 3 units per acre. The property was purchased by Toll Brothers, a national home builder specializing in single family semi customizable homes. The site is currently being developed as a single-family subdivision. The community is named Crossbridge by Toll Brothers and will encompass 118 single family home sites with improvements that will range from 1,885 to 2,614 square feet. The homes will included 2 to 4 bedrooms, 2 to 3 bathrooms, and pool options are available. Current Sale Information: The property sold in November of 2023 for $5,000,000, or $104,799 per acre of gross land area. It is our opinion that the sale was market oriented. Prior Sale Information: There have been no other transactions over the past five years. 50 1165 Boyle & Drake, Inc. Sale No. 6 Property Type: Residentential Vacant Land Deed Date: 03/11/2022 OR Book: 33520 Page: 2135 Legal Description: Please see the deed included in the addenda. Location: 7650 39TH Avenue County: Indian River Parcel ID: 32390300000300000001. 1, Multiple Please See Addenda Access: Quay Dock Road and 69th Street Grantor: AC Vero Beach LLC Grantee: Burrell Diversified Investments LLC Zoning: (RS -3), Residential Single Family (3 Units Per Acre) (RM -3 Residential Multi Family (3 Units Per Acre) (RM-6),Residential Multi Family( 6 Units per Acre) Future Land Use: (L-2), Low density Residential (3 Units Per Acre) (C2) Conservation -2 (1 unit per 40 acres) Property Rights: Fee Simple Condition of sale: Arm's Length Financing: Cash Equivalent Sales Price: $3,900,000 Days on Market: Unkown Gross Acres: 48.8 Price/Gross Ac $79,918 Upland Acres: 22.20 Wetland Acres: 26.60 Zoned Units 235 Price/Zoned Unit $16,568.95 Planned Unit 105 Price/Planned Unit $37,142.85 Present Use: Vacant Highest & Best Use:Residential Development Intended Use: Residential Development Utilities: County Water, County Sewer, Electric Verification: Internal Records 51 1166 Boyle & Drake, Inc. Comments This sale includes 48.80 gross acres planned for 105 townhome units. The site has frontage along the Indian River Lagoon, but the upland development portion is located on the western end of the site. The eastern side of the site has wetlands. Based on internal records, this property was determined to have approximately 22.20 acres are uplands and 26.60 acres are wetlands. At the time of sale, the property had preliminary site plan for 105 townhome units or 2.15 units per acre. The site has a split zoning of RM -6, RM -3 and RS -3 and land use with the mangrove wetland fronting the Indian River areas having a land use of Conservation (1 unit per 40 acres). The upland area has a future land use of Low Density residential, allowing up to 6 units per acre. The sale occurred in March of 2022 for $3,900,000, or $79,918 per gross acre or $175,676 per net acre and $37,143 per planned unit. Most recently, the property sold to the Indian River Land Trust for $4,300,000 in March of 2024. The sale price was based upon an Appraisal and not development motivated. As such we have utilized the prior sale in the valuation. Current Sale Information: The property sold in March of 2024 for $4,300,000, or $88,114.75 per acre of gross land area. It is our opinion that the sale was market oriented. Prior Sale Information: In October of 2023 there was an internal transfer. The property was sold for $3,900,000 in March of 2022. There have been no other transactions sales over the past five years. 52 1167 Boyle & Drake, Inc. Rating Criterion According to the 1P Edition of The Appraisal of Real Estate, there is Qualitative and Quantitative analysis for comparing sales to the subject property. Qualitative analysis recognizes the inefficiencies of real estate markets and the difficulty in expressing adjustments with mathematical precession. We were unable to establish Quantitative adjustments for the comparable sales with regards to location, quality, size, economic considerations, etc. Therefore, we have utilized a Qualitative analysis in this valuation. Qualitative rating for basic features such as location, quality, size, economic considerations, etc. are based on a relatively straight forward ranking analysis of equal to, superior to, or inferior to the subject property. The sum total of the rankings are computed to be overall similar to, superior to, or inferior to the subject and thus are ranked based on these criteria. From this basis, the subjective sales price of the subject property can be estimated by this approach. This process provides for a logical means of estimating the value of the subject by bracketing the values based on overall ratings. Property Rights The valuation of the subject property in this section of the report is that of Fee Simple Estate. All sales were Fee Simple. As a result, no adjustment was required. Financing (Cash Equivalency) Implied in the Market Value definition is that the purchase price of the property is paid in cash or terms equivalent to cash. Based upon our analysis of improved sales, we conclude that all sales were cash equivalent. Condition of Sale All the sales were considered arm's length transactions, and no adjustment was required. Current Market Conditions- 2025 Real Estate values were increasing substantially from January 2020 to March 2022. Since mid -2022 price appreciation has slowed, and values have been increasing at a more moderate level. Some sections continue to show appreciation while the sectors heavily dependent upon financing have shown slight value declines as a result of the elevated mortgage rates. Marketing times typically run 3 to 6 months when asking prices are near or at market value. Overall, the market is considered to be stable for residential and commercial properties within the market area. 53 1168 Boyle & Drake, Inc. Location The excluding comparable sale 2 all the comparable sales were located within Indian River County. Comparables 1, 2, 3, 5, and 6 were located along thoroughfares and were considered similar. Comparable Sale 4 was considered to have a highly inferior location as development will require substantial roadway improvements. Topography The subject property has substantial wetlands which were considered an adverse characteristic. Overall, given the subject property's site size, shape and topography, we have considered the comparable sales 2, and 6 similar. Comparable sales 1, 3, 4, and 5 were considered superior given their lack of wetlands and adverse site conditions. Shape/Size The subject property totaled (36.99 acres in size with ±17.4 acres of uplands. The comparable sales were considered to have similar shapes. We have reviewed the comparable sales acreage and we have ranked accordingly. ZoninWLand Use The subject property has a zoning district of Residetial Single Family 1-3 Units per acre. This district allows an assortment of less intense residential uses. Comparable sales, 2 and 6 were considered to be superior. The remaining comparables have similar zoning districts of 1 to 3 units per acre and were considered similar. Utilities/Other The subject property and the comparable sales all have similar access to County Water, County Sewer, and Electric. As such, we have rated the comparables as similar. 54 1169 Boyle & Drake, Inc. LAND SALES ADJUSTMENTMANKING GRID Sale 2 Sale 3 Sale 4 Sale 5 Sale 6 Subject Sale 1 Addres s 2705-3005 6250 US TBD Genham 3150-3250 69th 2225 Quay Dock 3050 69th Street 7650 39th 73rd Street Highway NE Dr Street Road Avenue City Vero Beach Vero Beach Palm Bay Vero Beach Vero Beach Vero Beach Vero Beach County Indian River Indian River Brevard Indian River Indian River Indian River Indian River Sale Date Mar -25 Mar -24 Mar -24 Dec -23 Nov -23 Mar -22 Sale Price $3,000,000 $1,425,000 $4,250,000 $1,750,000 $5,000,000 $3,900,000 Adjustment $0 $0 $0 $0 $0 $0 Eff. Sale Price - $3,000,000 $1,425,000 $4,250,000 $1,750,000 $5,000,000 $3,900,000 Max Zoned Density 60 84 78 163 88 143 235 Planned Develop. 32 73 - 118 60 118 105 MaxDen/Planned 53% 87% 72% 68% 82% 45% Topography Level Level Level Level Level Level Level Shape Irregular Irregular Rectangular Irregular Irregular Irregular Irregular Acres 36.99 24.89 15.52 54.73 37.28 47.71 48.80 Uplands 8.8 24.89 8.93 54.73 37.18 47.71 22.20 Zoning RS -1 & RS -3 CG & RM -3 RS -2 RS -1 & RS -3 RS -1 & RS -3 RS -3 RS -3 & RM -3-6 Price Per Goss Acre $120,530 $91,817 $77,654 $46,942 $104,800 $79,918 Price Per Upland Acre $120,530 $159,574 $77,654 $47,068 $104,800 $175,676 Price Per Zoned Unit $35,714 $18,363 $26,026 $19,859 $34,933 $16,569 Price Per Planned Unit $41,096 $36,017 $29167 $42,373 $37143 Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee S=e Financing Terms Typ. of Market Typ. ofMarket Typ. of Market Typ. ofMarket Typ. ofMarket Typ. ofMarket Condition of Sale Arms Length Arms Length Arms Length Arms Length Arms Length Arms Length Condition of Sale Adjustment 0.00% 0.000/0 0.000/0 0.000/0 0.00% 0.00% Price Per Goss Acre $120,530 $91,817 $77,654 $46,942 $104,800 $79,918 Price Per UplandAcre $120530 $159,574 $77,60-4 $47,068 $104,800 $175,676 Price Per Zoned Unit $35,714 $1"63 $26,026 $19,859 $34,933 $16,569 Price Per Planned Unit $41,096 $36,017 $29167 $42,373 $37143 Location Similar Si rular Similar Inferior Similar Similar Topography Superior Similar Supeiror Superior Superior Similar Shape/Size Sinilar Superior Inferior Similar Inferior Inferior Zoning/Land Use Similar Superior Similar Simlar Similar Superior Utilities/Other Similar Similar Similar Inferior Similar Similar Overall Adjustment Superior Superior Similar Inferior Similar Similar 55 1170 Boyle & Drake, Inc. Sales Comparison Approach/Conclusion The sales ranged on a price per planned unit between $29,167 to $42,373 with an average of $37,159 per planned unit. Below is a summary of the adjustment/ranking analysis. We have placed most weight on Comparable Sales 3, 5, and 6 as they were most similar to the subject. Secondary weight was placed on Comparable Sales 4 and 1. Comparable Sale 2 was excluded as the developer confirmed there is currently no planned units. It is our opinion, a Market Value for the subject property would fall around $42,000 per planned unit or $1,640,000. OPINION OF MARKET VALUE Planned Unit x Unit Value = Market Value 39 x $42,000 = $1,638,000 Rounded $1,640,000 Extraordinary Assumption: The value opinion is based upon the following Extraordinary Assumptions: Extraordinary Assumptions: 1. An Environmental Impact Report indicates approximately 19.5 acres of the subject property consists of wetland areas. It is an Extraordinary Assumptions of this report that the estimated wetland acreage from the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 is accurate. If additional information indicates a different wetland acreage, we reserve the right to review and possibly modify the value opinion developed within this report. 2. Per the Indian River County Zoning Map, the maximum density for the subject per zoning totals 60f Single Family Residential units. In this market it is typical to develop residential subdivision properties below their maximum density due to setback, site improvement requirements and other physical restrictions. As such, we have estimated the planned development density at 39 units given the legal zoning restrictions, the 56 1171 Ranking Chart Sale # $/Planned Ranking Sale 1 $41,096 Superior Sale 2 - Superior Sale 5 $42,373 Similar Sale 3 $36,017 Similar Sale 6 $37,143 Sk&r Sale 4 $29,167 Inferior We have placed most weight on Comparable Sales 3, 5, and 6 as they were most similar to the subject. Secondary weight was placed on Comparable Sales 4 and 1. Comparable Sale 2 was excluded as the developer confirmed there is currently no planned units. It is our opinion, a Market Value for the subject property would fall around $42,000 per planned unit or $1,640,000. OPINION OF MARKET VALUE Planned Unit x Unit Value = Market Value 39 x $42,000 = $1,638,000 Rounded $1,640,000 Extraordinary Assumption: The value opinion is based upon the following Extraordinary Assumptions: Extraordinary Assumptions: 1. An Environmental Impact Report indicates approximately 19.5 acres of the subject property consists of wetland areas. It is an Extraordinary Assumptions of this report that the estimated wetland acreage from the Environmental Bond Nomination Number 24 via Water & Air Research, Inc. - Dated 2024 is accurate. If additional information indicates a different wetland acreage, we reserve the right to review and possibly modify the value opinion developed within this report. 2. Per the Indian River County Zoning Map, the maximum density for the subject per zoning totals 60f Single Family Residential units. In this market it is typical to develop residential subdivision properties below their maximum density due to setback, site improvement requirements and other physical restrictions. As such, we have estimated the planned development density at 39 units given the legal zoning restrictions, the 56 1171 Boyle & Drake, Inc. physical restrictions of the site (wetlands) and data from the Sales Comparison Approach. If additional information becomes available indicating a different maximum number of residential units for the subject property, we reserve the right to review and possibly modify the value opinion developed within this report. Hypothetical Condition: None The use of an Extraordinary Assumption or Hypothetical Condition may affect assignment results Estimate of Marketing Time/Exposure Time In order to estimate exposure and marketing time we have considered the following: Criteria for Subject Owner/User Investor Other Who is the typical buyer Is financing available? Yes No With Limitations Supply & Demand Undersupply Equilibrium Oversupply Broker/Investor Outlook Good Average Poor Typical Exposure Time < 12 Months Z 12 to 18 El > 18 Months El The overall marketability of the subject property is rated as average. The subject property would most likely appeal to an owner/user or an investor/developer. Based upon the marketing history of the sales analyzed in this report and within our files, we estimate the marketing time and exposure time for the subject property at approximately within 6 to 12 months. 57 1172 Boyle & Drake, Inc. CERTIFICATION STEPHEN M. BOYLE, MAI I certify that, to the best of my knowledge and belief. 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions and recommendations. 3. I have no present or prospective interest in the property that is the subject of this report; and I have no personal interest with respect to the parties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion (estimate), the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. Stephen M. Boyle, MAI made a personal inspection of the subject property. No other person(s) other than the co-signers provided significant real property appraisal assistance in the preparation of this report. 8. The reported analyses, opinions, and conclusion were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation. 9. The reported analyses, opinions, and conclusion were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 10. The use of this report is subject to the requirements of the State of Florida relating to review by the Department of Professional Regulation, Real Estate Appraisal Board. 11. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 58 1173 Boyle & Drake, Inc. 12. As of the date of this report, I have completed the requirements of the continuing education program of the State of Florida. 13. As of the date of this report, I have completed the continuing education program of the Appraisal Institute. 14. Boyle & Drake, Inc. or Stephen M. Boyle, MAI has not performed professional services in the form of an appraisal, as an appraiser, or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform acceptance of this assignment. Boyle & Drake, Inc. or Stephen M. Boyle, MAI, have not provided any other professional services on the subject property over the last three years. 15. Devon Conde, Certified Residential Appraiser RD 8464 under the direct supervision of Stephen M. Boyle, MAI, State -Certified General Real Estate Appraiser RZ 3470, provided significant professional assistance to the person signing this report. Mr. Conde's assistance included research, analysis, and report writing. Mr. Conde recorded approximately 25 hours in the preparation of the appraisal report. Stephen M. Boyle, MAI State -Certified General Real Estate Appraiser RZ3470 Expires 11-30-2026 59 1174 Boyle & Drake, Inc. ASSUMPTIONS AND LIMITING CONDITIONS: This appraisal report has been made with the following general assumptions: No responsibility is assumed for the legal description or for matters including legal or title consideration. Title to the property is assumed to be good and marketable unless otherwise stated. This report contains a section entitled "Ownership and Sales History" which describes the recent title history of the subject property. This should not be construed to be a title search or a report of title. We render no opinion as to title, which is assumed to be good and marketable. 2. The property is appraised free and clear of any and all leans or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable. However, no warrant is given for its accuracy. Site plans, sketches, drawings, and other exhibits in this report are included only to assist the reader in visualizing the property. We assume no liability for their accuracy. 5. The information obtained from engineers, public records, files, Realtors, buyers and sellers, et cetera, was utilized in the preparation of this appraisal report. The information obtained from these sources was assumed to be accurate and correct. We have made a reasonable effort to verify all information presented; however, no responsibility for the accuracy is assumed. 6. It is assumed that there are no hidden or un -apparent conditions of the property, subsoil, or structural that renders it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover that. This appraisal will not take into consideration the possibility of the existence of any type of hazardous materials which would include, but are not limited by asbestos, PCB's, petroleum leakage, or agricultural chemicals, or other toxic, hazardous, or contaminant substances which may or may not be present on the property or other environmental conditions which were not called to the attention of the appraiser, nor did not appraiser become aware of such during the appraisal inspection. The appraiser has no knowledge of the existence of such materials and/or in the property unless otherwise stated. The appraiser is not qualified to test for such substances or conditions. If the presence of such substances is determined to exist, the appraiser reserves the right to determine the effect on value once appropriate information has been provided by qualified experts. No responsibility is assumed for any such conditions as of the appraisal date. 60 1175 Boyle & Drake, Inc. 7. It is an assumption that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and land use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. The distribution of the total value in the report between land and improvement applies only under the existing program of utilization. The separate valuation for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 10. It is assumed that all required licenses, certificates of occupancy (CO's), permits, consents from any local, state, or national government or private entity have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 11. It is assumed that the utilization of the land and improvements is within the boundaries of the property lines for the subject and that there are no encroachments unless noted accordingly. 12. The value distribution between land and improvements applies only under the stated use. The separate allocation for land and building must not be used in conjunction with any other appraisal and would be considered invalid if used. 13. The possession of this report, any part thereof, or a copy, does not carry with it the right of publication. The report, a portion, or a copy may not be used for any purpose by any person other than the party to who it is addressed without the expressed written consent of the appraiser. In addition, unless the report contains an original signature, not a copy, the report should be considered invalid. 14. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser. 15. The preparation of this report does not require testimony in court, unless mutually satisfactory arrangements are made in advance. 16. The Americans With Disabilities Act (ADA) became effective January 1992. The appraiser has not made a special compliance survey of this property to determine 61 1176 Boyle & Drake, Inc. whether or not it is in conformity with the various details required. It is possible that a compliance survey of the property, by a qualified individual could reveal that the property is not in compliance with the requirements of the act. The property is assumed to be in compliance and the appraiser reserves the right to modify the value in the event that there are findings to the contrary. Additionally, the value conclusion may not be applicable. 17. A survey was not provided to the appraiser for this assignment. The appraiser reserves the right to modify this report if a survey reflects anything that would significantly affect the value conclusion presented herein. 18. Any proposed improvements are assumed to be completed in a good workmanlike manner in accordance with the submitted plans and specifications. 19. Any sketch in this report may show approximately dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report. 62 1177 Boyle & Drake, Inc. ADDENDA 1178 Boyle & Drake, Inc. PROPERTY DATA 1179 Boyle & Drake, Inc. W— R— Cw ty P-Opwty APPre PROPERTY APPRAISAL WORMAT40N 2025. F -PERT, fi=57 R RES 1620/2015 OWNER6. LJT-EP, J.'HN I,irTR TAXARE& IMPROVEMENT VALUE 0 L'gM D—Ptm 161445 FO BOX 37 0LAND '42237' MARKET 564,885 N 16 1'4 AC OF GOVERNMENT LOT 8, SAN] LOT SONG THE y�O gEAC11, FL 32W i TOTAL MARKET VALUE = 581.885 NE 14 OF THE SE 1N, LESS N b FT ACRES: 24.9900 AO VALUE 0 APPR VAL METHOD: Cost PRODUCTNm LOSS - 0 32]90.t9001R901900001.0 08A SOH %- G 00 ASSESSED VALUE 383.511 Faye' U f ERatllro Osu of ApptYtl. J. DH PNpwt. 0.`a6t2029 1419:19PM ., [ a .: i.:,., 1__ 3 1180 Boyle & Drake, Inc. W4MRn.1 CMtYPIOPW IV Ap p.Nr I PROPERTY.APP PROPERTY 42226 R COMM M2012615 OWRER UL LUTHER JOHN M L*QW Orb^ 161445 PO BO% 379 N 12 AC Of SW V4 (GO'JERNNENT LOT 2j, OBI( 37 PP 172 VERO BEACH, R 32961 P<'',N' ErteJw Dale M ApW-Jewry o. � a- 10.t3.- iyir0..mrA WNN- 4 1181 Boyle & Drake, Inc. 15655339 RECORDED IN THF. RECORDS OF .JEFFREY X BARTON,. CLERK �CIR{_UIT COURT .LQDLAN RIVER CO M, 9K; 1765 PG; 1699, 07/30/2004 01508 PM Doc STAMPS D $0,70 M-1 THE TRUSTEES MEK sHALL VA": FULL POWER TO HOLD. ACQUIRE, MANAGE THE PROPERTY; TO SELL AM CONVEY AT PUBLIC OR PRIVATE SALE," EAC'HANVF4 LEASq PLEDOP, OR MORTQMZ'TIM PITY ON TERMS ANij CONDITIONS AT THE SOLE FMSCRfl FtffiI OF TE T=- TO SORROW MOMY. . WITH OR WITHOUT SECLFRITY; AND TO Z SIG MORTOAGM LEASES, AND ANY OTFM 048MWMENT NKESSARY ORPROPER ANY OF THE FOAEOOU40FURM7gm ... . APERSON pEAUW"MIfIETRUSTEESWITHRESPECTTOTHHSUBJECTTRUST PROPERTY SHALL NOTSS CICER jQATED TO IMQUME INTO THk IDENTIFICATION OR STATUS OF ANY NAMEDOR. LWAM W OR THMR mns pRASMONB To WHOM TETE TRWrEES MAY, BE ACCOIENTABLE. FURTHER, ANY THIRD PARTY ID NOT OBLIGATED TO INQUIRE INTO OR ASCERTAIN THE AU714CWTY OF UNDER iTM GRANTEDTRUSTEES TO ACT WFTHN AND EMCISB THE POWER& GRANTED flS INSTRUMM NOR TO DQUIRB INTO TRE ADisWACY OR DISPOSITION OF ANY CONMERATION PAID OR DO VERED TO THE IN CONNECTION WITH ANY WMREST ACQUIRED NOR TO INQUMB INTO ANY OP fTHELIN WORDi) DECLARAT IONS ORA AGREEMENTS PROVISIONS OANY 6 1183 Boyle & Drake, Inc. COMPARABLE PROPERTY CARDS 1184 Boyle & Drake, Inc. PRn R-1 -t-K R RES 1L-arZ015 � i ,'VALUE 0 SECL.qW10TWP32n i15sD1 SN1IWI FlAMfif PL .x. )I�. esLolo SEG t0 TWR 32 RNG 69 BEING THEW 5 AG Of THE N iC AC �T ST tUCIE, FL 34M6 TCML LDE _ 851,010 OF THE SE GTR Of SE QTR MID THE 5 15 AC Of THE N 25 ACRES: 20.1400 - AC OF THE SE QTR OF THE SE OTR AND ALL OF THE SW AGVAM 0 OTR OF THE SE QTR LYING E OF THE E ROW OF Uc + APPA VAL METHOD: Cost PRC0UU M V4jOSS = 0 nRA, so" %: 0.00 ASSESSEDAV" 951,010 g 1185 Boyle & Drake, Inc. —R— AW ►, . .. , PROPERTY 43785 R RES 70fMMS OWNERIO' GRSK GHO HOMES LLC TAX AREA'. 7 IMPROVEMENT VALUS 0 LqW D-1*0- , 590 NW MERCANTILE PL '43786' LAND MARKET f 302,873 SEC 10 TWP 32 RNG 39 BEING THE ESRC OF THEN/0AC PORT ST LUgE. FL 34986 TOTAL MARNETVAt,{M� 302.873 OF THE BE OTR OF THE SE QTR LESS ROW ACRES: 11500- AG VALDE 0 APPR VAL METHOD: C.o PRODMTNITY LOSS = 0 E#—Deb oflm:11P51 !9'PsaCamir:a.,: MAMO� 9 1186 Boyle & Drake, Inc. Boyle & Drake, Inc. I-fGrei RW.01 PROPERTY APPRAISAL SFORMATION 2025.0423 231WI PROPERTY 42302 R RES 1RR/YN15 OWNERm: GRHK GHQ HOMES LLC UX AREA-. IMPROVEMENT VALUE 6 L°7M O4i11Nbo 1 012 590 NW MERCANTILE PL -"47,102' LAND MARKET 581315 SEC 3 TWP 32 TING 39 8EO1G THE W HALF OF THE E HALF PORT SAINT LUCIE. FL 34986 TOTAL MARKET VALUE _ 581,315 OF THE NW QTR OF THE SE OTR OF SEC 3 LESS ROW #Am- >l1}'dN AG VALUE = U AWL Cwt PRODUCTIVITY LOSS = 6 7NFf�0080�'/f100000044 BFI **,%t 0.00 ASSESSEDVALUE = 581,316 4NILa 3Z7S73FWGTVERDWAGKFL3ZW 1W14%: 109.09 EXEMPTION VALUE Raye1M 1 E9xv`e t)AY of Aivsm bwxy D41e 9mb0 OSO2fA25 1013. ibPY !y WebID-d3:iLl 11 1188 Boyle & Drake, Inc. 1,.h -Rets C. Proprt7 APPnret PROPERTY APPRAISAL 04FORMATXM 2025 20254-42301399012 IROPERTY 42301 R RES 1020!2015 OWER& GRHK CHU HOMES LLC TAA AREA: IMPRO`.cMENT VALUE 0 L.pd D—rWbn 399012 590 NW MERCANTILE PL'32301' LAND MARKET 581.315 SEC 3 TSP 32 RNO E 10 AG OF THE NW OTR PORT SAINT LUCIE. FL 3198E TOTAL MARKET VALUE _ 561,315 OF lT}E SE DTR OF SEC LE ECC 3 3 LESSS R ROW ACRES: 9.]100 AD VALUE = 0 APVR VAL METHOD,: Cast PRODUCTIVITY LOSS 0 DBA'. SOH 9._ 0.00 ASSESSED VALUE = 581.315 :11M =0ST1.0VEROSEACKF137967 . - .. ... .. ... NSOHS•A: 100.00 NSOH 55 X: 0 OC EXEMPTi VALUE TUYAELE VALUE _ 581.315 PapeiW f l: Br.• Y.D,W-� [Wn Pis+tea 051QNID]5 1(113WAV.-41- 12 1189 Boyle & Drake, Inc. I,4- RNM GtliAy TION 2024 . PROPERTY 42235 "mom - �lILLM(�ilpl �jii TAX AREA IMPROVEMENT VALUE 0 L.qWc pSBv. I�'42238'` LAND MARKET 38T70 SEC3rN32R GOVTLOT3MOREFULLY AS PORT SAINT LtCIE. FLOW TOTAL MARKET VALUE 335770 COMATSWCOROFGOYTLOT3THRUNNFORADIS OF 75 YARDS TO THE POB 7H RUN N FOR A D{5 OF 83 ACRES'. 51M AU VALUE 0 YARDS THE RUN E FOR A OIS OF 330 YARDS TH RUN S APPR VAL METHOD'. Cost PRODUCTIVITY LOSS 0 323MOVI00003000003.0 DSA 60H'6. O.OD ASSESSED VALUE 336.770 60u5 L�NFScIGNED VERS^BEACH FL 329e7 NSGH d %. 100.00 EXEMPTK]N VALUE - - MSdI N %: b.OQ TAXABLE VALUE _ - 336.770 GENERAL SKETCH MFORMATION CRS TOPOGRAGPHY -FST APPR YR 2013 ACCESS LAST INSP. OATE 0&99'2021 2 "': RS -3 NEXT WSP. DATE PICTURE r, ,...:..R" USE 0000 MOF IAPRV N xT REASON REMARKS BUILDING PERMITS IS — E17 'ERMiT 111E PERMIT AREA ST PERMIT VAL SALES INPGRMATIGM .. GRANTOR GEED M7F0 MARC VERO SEACH UWD' 3084 954 +9Ap�M YiENDELL PARTIN SWD 2726!351 oskf0E0s 3.lMAM *66.13ROVES me W147 T87Cf 5p+ 32390300000003000002 u xu.Aru nrna .uaa »� ne Tru. w oR. a;: w�n.x ... acfru M. son... .. .... 3 Page �' i EIM.Uw Cam nt AppaW Jnavi Nbm PONT M. D69MNE 14.t1184 MPMAd YIeg0.4229. 13 1190 FROPERTI 42305 R HF8 7Mi0Dlj .. .. '1 UE Le9WD 4... - fIL71WfeLiiWar pL .��'iW. ... ♦ ;OdO SE T4 P l RNG 39 MORE FULLYDESCASi@1#TM EAW7r L110E R 34908 "www" .. VKUE _ 359.D91 0 HESE 'OR OF THE SW OTR OF THE SE OTLl1��.$ Th JlNFOR u:s OF 1328.9FT)W"WPWA w� _ 0 ]RFL TH RU^:' FOR A OM., OF ISM FTTN RUN 327.0 - APPRVILYETHM, -Coat PRODUCTNrtY LOSS = 0 { SOMA: 0.00 ASSESSED VALUE 32390Ip000W060000p5A StruS 32506ITNST VFJb0BACKM Rf .. .. - .. .. NSDN p�L 400.00 NSOH sl %t an ... EXEMPTgl1 VALUE. TAMKEeiMl!'0F JMkM Fiye �. u+1 pWMNpyld r � perp Pm4M p§9012185 10.!]:t9PM by FxK:a 1 14aL�ID-01�?� 14 1191 HWFORMATION ._... UTUFIIW rapp�lliaPtry L*WAPM VIR 2013 ROAUADCESS LAST NSP. GATE 2pfR46 R5-3 NEXT WSP. DATE PRW0ARY USE ODDD MOF 9XRV NEXT REASON REMARKS .. ... WUEDMO PERIWn ISSUE DT PERMIT TY PE PERMITAREA ST PERMITVU. SALES INFORYAYMN SALE DT PRICE GRANTOR OEED NFO 03+148024 42WI006 MARC VERO BEACH LTWD 136M 1959 12M 18013 2.000.000 'GENDELL PARTNERS WD t 27201951 a WDDB 400 -GENDELLPRTNRSACW5]T257+t002 -, T,. u�.ww4� warn anti+ ass.. ar 'I AM. 40Q. >a .. b A 9MAG I40p0 d0 flBJ.00p IOp �QmA 5119.090 L T.wsm.60- 99000 6E9 (WJ wcm.'rn*..aew.wr ., r� I .cw... ,+., •c rwua — � �. 46 W, Fiye �. u+1 pWMNpyld r � perp Pm4M p§9012185 10.!]:t9PM by FxK:a 1 14aL�ID-01�?� 14 1191 Boyle & Drake, Inc. vwor WX C—uv Rqpmt7 APPnRn PROPERTY. APPRAISAL RIFORbATMN 2025 2025-0d2308-399072 PROPERTY 42308 R RES IMW2015 OWERID GRSX CHO HOMES LLC TAX AREA. iMPRO'VEMIENT VALUE ISM DeeMPUER 3IM12 580 MN MERCANTILE PL '42306' IANC: MARKET [ul =+)0 SEC3TWP RIO O 39 MORE FULLY DESC AS THE N HALF PORT SAINT LUCIE, FL 349&8 TOTALMARETVALUE - 297,500 OF THEE 70 AC OR-7LEERIO7R OF THESE OTR OF SEC 3 ACRES . 5.000E AT�:E' 0 .. - - LESS ROW APPR VAL METHOD. Cod SOH 32390300000TOOOOOOOB.fDBA: NSOH 54'.- f9Btp - ?IY{L[E SRORTHST VEROGEA,MfLXW7 M{ .. NSOH 55% ab wu I E� Dere ul/µ%rsmi-, -PRIME OShc!@6 101&:11". b.Pi C.1-1.-1 YbMOdY30E 15 1192 Boyle & Drake, Inc. PROPERTY 41301 R RES 106"AIS CWRISRW.. GRSK GHD HOES LLC Le9M 0eserpbn 390917 SW NWMERCANTILE R SEC 3 TWF 32 RING 39 MORE FULLY DESC AS THE S HALF PORT SAW LUME. FL 34988 OF THE E 10 AC OF THE SW OTR OF THE SE OTR OF SEC 3 LESS ROW 3us6ao6000T99999ooT.o DBA: BRus 32HI89THST VEROSEACKYLS M7 TAX AREA 7 '42307- ��1NIt 29.0 ' 791,550 ACRES: 48000 AG VALUE ',R 0 MPR VAL METHOD Cw PROQUCTWffYLmw 0 SOH : 0.06 A@OVALUE 791.550 NSOH 34 %: 700.00 El [I VALUE . -,�)•. ,:� , E1fe�Lm om �n AV wW lrcwy U P"w nuous W- L vxaGorcxnvvl weMDd29J] m 1193 Boyle & Drake, Inc. PR"'RTI 42 _i?P, R RES 1VA=15 OWMERD: GRBK GNO HOMES LLC v` L.p.. D—p— 399012 590 NW MERCANTILE PL SEC3 TW P 32 RNG 39 GOVT LAT 3 MORE FULLY DESC AS THEW HALF OF THE W HALF OF THE BE QTR OF THE BE PORT SAINT LUCIE, FL 34998 QTR LESS THE S 435.91 FT OF THEW 299.79 FT 323903000007OODA9009.0 DBA: 5nU3 315089TH&T.VBtOBFACKFL329¢T 0 APM VAL METHOOCost ;V*00"mLoss TCH INFORMATION UTi�.-1E`_�� MPI AM"IA UE ' TOPOGRAGPHY LASTAPPR.VR. SRLIlt ROAD ACCESS LAST INSP. BALM ZOWNG RS -3 NEXT MSP. DATE . PRLMARY USE 0000 6OF NAPRV NEAR REASON SALSR.ISFQLIIAAT1dM SALE OT PRICE GRANTOR OEm1NF4 — 33114r"A 4.250,OOD MARC VERO BEACH LIW0138"Ip 12tO1RM3 2.000.000 WNOELLPARTRERSWD 2rA*I*t 34101.12= 100 'OEi'iBiPMITFl169Vb/ZJPI1�2 44R TAXAREA. 7 .:=w4w_ 0 '42308• 415.905 415.905 ACRES-. 69900 AIiw4w 0 APM VAL METHOOCost ;V*00"mLoss 0 SON %: OAq AM"IA UE 415.&15 NSOH 54 %: t061� SRLIlt ^11 E9aWn-of Apia H> y Oah P1Y�b4 OSfY2PFx5 1d 13.t�M Isl PacaCnrtmns:tl Y1eMOdxY's 17 1194 Boyle & Drake, Inc. MkOPWOW 41M 9. RES 1VA2015 OMMMI. GRSK.GHOHOMESLLC TA%ARiX 7 IMPROVEMENT VALUE 282,723 3 12 SBO HVlI�CAMSE FL `423W LMO MARKET 150.535 'IMl9�pp3mWWfA[•� RNLYOESC AS :II1'r 0tWWWLLF PORT SAINT LUCW—FL TOTAL MARKET VALUE = 413,258 4 fFf 71EW OF .. iTE.M1WMfT0FjW IjWft1Es�p:'R3£55 T3 5 ACRlL• L{300 AO VALUE = 0 150FTOFTiEWl6 Rti®1lptN10iMarM .AMRVALYl11gD: Cost PRODUCTIVITY TOSS _ 0 : DBA WYIp 0.00 ASSESSEDVALUE 413258 174W400000I0000000B.i ww 31l0.69fH ST V9q ACA4 '1 :1 .C'^M7p ...' 100.00 .: t 000 EXEMPTION -F N._E VALUE 417258 3 ... [Re�gre 0bl. al Appwtl J�r.�sY D.I. PAY!'. 06m1atne 1Qt3.1�M DY PenCe:n�rfC WkUD.C2s:.. 18 1195 Boyle & Drake, Inc. InO�Rbs C --v APPS .`. ..,...2025.0< 310�601F PRCIF'ERTY 42310 R RES 702D20i5 OWNER R} �IitD, .wo M E 7d;A2d L g,. Desck. 390012 dx�i10` _ .' 28.900 SEC 3 TWP 32 RNG 39 GOVT LOT 3 MORE FULLY DESC AS SEG THE ysW� .M�i 1^• 41yy� 8 ^'T� VALLA _ 103,324 iT SVf COR OF THE S43591 FT OF THE W 299.16 FT OF THE W HALF OF THE W HALF OF THE SE OTR OF ACRES. 01100 ' 0 THE SE OTR CF SEC 3 TH RUN DUR E FOR A DIS OF b ET AY VAL METHOD: Oat .4MIF: 0 .fffMtlYem>Ommme2 � .:.. .. SOH Y.: 8.'� / 1 ..s _ _ 103.324 I— .l. E1ferL.e C—&Algr—I—" Yak DbOD'h116 40 t3'.1XPM :}--m -ND, v 19 1196 Boyle & Drake, Inc. P. —2 E!Nuliwe Oefu alAgx�sol. 1� 1-14PN P�Pa�C�mi+wd VIWAI-12110 20 1197 - P4LOPERTY APPRAISAL INFORMATION 2025 2025.&.427 PROPERTY 42314 R am WAM M6 OWNE7ft 1r GHGH()"FSLLC TAX AREA 7 Ikl-3 !.IENT'iALJE 19.124 L.9W D. Pfion 3+x0012 NNW MERCANTILE PL '42316' LAND MARKET 16.900 SEC 3 T WP 32 RNG 38 GOVT LOT 3 MORE FULLY DESC AS PORT SAINT LUCIE. FL 34886 TOTAL MARKET VALUE a 103:l2i BES AT THE SW COR OF THE S 43581 FT OF THE W 20919 FT OF THEW HALF OF THEW HALF OF THESE OTR OF ACRES: 01100 AS VALUE = 0 THE SE OTR OF SEC 3 TH RUN DUR E FORA UIS +_`F "J ' T APPR VAL METHOD Cott FRODUCT VITY LOSS r 0 323903000007000OOOOE3 DSA 50" -4 0.00 ASSESSEDVALUE = 103,324 SITUS119080TH ST VERO BEAC NSOH 54 % NSOH 09 %- 10000 0 SO EXEMPTION VALUE TAY-. BSE VALUE :- = 109.324 P. —2 E!Nuliwe Oefu alAgx�sol. 1� 1-14PN P�Pa�C�mi+wd VIWAI-12110 20 1197 Boyle & Drake, Inc. MA" #uw APpakw PfVNERTY APPRAISAL OWORMATQN 2925 20251&"729,N5335 PROPERTY 44129 R RES 1 042 012 01 5 OWNERRI: RANCHO HOMES LLC TAX AREA: 7 IMPROVEMENT I'A:._'. E 0 L"MO-4*10^ 395335 1939 N COMMERCE PI 'SURE1•44129, LAND MARKET - 2GS9,720 SEC 71 TWP 32 S RGE 39 E NE tit OF SW IK LESS RD WESTON. Ft.:.: TOTAL MARKET VALUE = 2.059,720 ROW ACRES: 372M acvuuE +aces APPR VAL YETHO k 10= PROOUCTMffY LOSS - 2.019.854 y j y DBA SO * 0'00 ASSESSED VALUE 10,066 MM. n*=AY0=R0 Fly ... NSOH$4%: 000 E✓EMPTION VALUE .. .. .. ... &SOH 55 `A' - ' - .. 10.066 11'9Ic-i EBm1rt Gnb of A�p'rmi-,,-—1'TNC. fiSYv.'1➢ri 10'IS.0bM1 MFecaG:mmane YWSgYw ' 21 1198 Boyle & Drake, Inc. IMsn Rv� FrOpaly MPS PROPERTY APPRAISAL MIFORMATION 2025 202&"3696395863 PR=TY 43693 R RES 1026[075 fXMNER ID: TOLL SOUTHEAST LP COMPANY INC TAX AREA.`e i 0 L"W D—N*I— 395563 2966 COMMERCE PARK DR STE 190 '43693' SEC 10 TWP 32 RNG 39 BEING THEE HALF OF THEE 10 2 ORLANDO. FL 32919 TallilvuuE = 433.500 AC OF THE NW OTR OF THE NE OTR LYING N OF QUAY DOCK ROAD ACRES: 5.1000- ALiiRlltlE - 0 APPR VAL METHOD: Cop PROGMTWF" LOSS = 0 DDA 401140 0M ASSESSED E _ 433500 3239100000010000000].0 NSONY%r100.0C EXEMP;C'.,... i_• pe I..l l Ertecbm0.MeatApvana; J.0 O.1e Porten. 0502/2025 1O29.41PM !y P.esComnuid WlMO41M5 22 1199 Boyle & Drake, Inc. 3692_395W P 4MW it arsqmmm i .. ywart 1; �lf Omm Wre A. aa POROF f11EY1DXamm8watmr aA aaE+a► 'atldir ,ori 3= � ;low' .. AG- ... .. .. PRC . TIVI{1'.1:055 3239100D000100000002.D 4" ASX EOVAWE � TA EXES,'"'-ON VALUE 1—:1 9ke9Yl D.b M/,(q.kY: J.usY D A. ' DSS io]m fPM by P�— —Ddl.92 23 1200 Boyle & Drake, Inc. PAGPORW 4w R RES la21201S OWNERID: TOL SOUTHEAST LPCOMPANY INC � N 395883 2866 COMMERCE PARK DR STE TOO Sq' 1671YP�im E HALF OF THE NE OTR ORLANDO FL 32819 OFW&NE4fttW18M0F*^Y00CK ROAD ]2]9f000000t00000001.0 DBA ams UNASSUIED VEROBEIION,fLMW TAX AREA. '.MPR—EMENT VALUE 2,271 '43891.' LAND MARKET 1 589.513 TOTAL MARKET VALUE = 1.591,814 ACRES, 30.5500 AG VALUE = 0 APPR VAL METHOD: Com PROOUCTIVffY LOSS 0 SOH %: 0.00 ASSESSED VALUE = 1.594.811 NSd1"%: IW.00 EXEMPTION VALUE _ NSOH 53%. C.J� TAXABLE VALUE S �'I EOectlw WWot A{prsfW .WnusT OK Pr�tq OYL^.'X45 4p19'fiPM try PK.CpinPYM 24 1201 Boyle & Drake, Inc. Pnga:Wi E1kGlve Oese ut App®ei. JYrusy Dem PinNd. U'A]Ib25 YO?9.�lPM WGxd�nmw�5 1.. 25 1202 PROPERTY 43730 A RES 10RIV2015 OWNER ID: 70Lt TAX AREA; 'NIPROVELENTW 0 I"d D.OaH�taa 393883 2+m"6 COf iCEPANCBi181E iQ� .. '43T3Q' LAND MARKET + 23.500 SEC 10 TWP 32 RNO 39 BEING THE N HALF OF THE W HALF ORLANDO, FL 52819 TOTAL MARKET VALUE s 2&.500 OF THE BE OTR OF THE NE OTR LYING N OF OUAY DOCK ROAD ACRES: 0,300 AG VALLA F 0 APPR VAL METHOD: Cast PR.ODVCTWITV LOSS 0 3MoeoonDT000900ma DSA .. SONY' 0.00 ASSESSED VALUE y.. _ 25.500 SITUS UNASSIGNED VERO BEACH. FL 32997 NSM54%: NSONSS%: 10090 000 EXEMPTION VALUE TAX,A9;_e <L i - 25500 Pnga:Wi E1kGlve Oese ut App®ei. JYrusy Dem PinNd. U'A]Ib25 YO?9.�lPM WGxd�nmw�5 1.. 25 1202 Boyle & Drake, Inc. bVgan RK-CauaY A'APPt� PROPERTY APPRAISAL NFTXUwTION 2075 .,, `.... .49 .. .. . PRCPE RTI' 43124 R RES ICI X1205 OWNERIO- TOLL SOUTHEAST LF COMFANY INC TAX AREA-. IMPROVEMENT VALE .. L.SN Do ,W— � 29M COMMERCE PARK DR STE 1. W •43729' LAND MARKET SEC 10 TWP 32 RNG 39 BEING TIE E HALF OF THE W HALF ORLANDO. FL 325? B TOTAL MARKET VALUE i OF THE SE OTR OF THE NE OTR LYING N OF QUAY DOCK ROAD ACRES: 11100 AS VALUE _ . O '- APPRVALMETHOD: CaN PRODUCTNTTY LOSS DBA: SON 1%:0.00 ASSESSEDVALUE 1111,4WSTNS 22351800000100000d5.0 NSOH 64 %. 1P`J FIEIA7101- UNASSIt;NED NSONSS%: Paye 1 a 1 EtNaaivb Dara el4lava: Jaiwuy Hale vlanec 0610 7OilglY r'r.OMw.IM 26 1203 Boyle & Drake, Inc. GYM: d -.00BY�pff 811"6e. T"P""'"' w -LAND .TAXAREM 7 IMPROVEMENT.VVARR0' 8 . MOBBB 4�12J2' MARKT mAlD BE 7Y8001"1.11M .W,r m~ 11ETpiAfYi,:i�iM,il 2D&7� TOTAL MMKT VALUE OFT"Elmo 1 18M1 OFUNW�: ACRES. 9-0900 AG VALVE z 6 APPR VAL METHOD Cost PRODUCTIVDY LOSS z 0 SOH% 0,00 ASSESSEDVALUE z 772AW 7f�M11111pMNN1.t !RU! 795030TH AVE VERO8EACN,fLWp NSOHU% N&OH 55 k. '00.10 0,00 E%EMPTIONVALLJE = TAXABLE \ i1— T121W 0 2% W131" OyPaecmnln0 V x 1204 !+ �' I QMaw Dm ei AParr: bu+wr oNePmgo- OSorJOa Boyle & Drake, Inc. COMPARABLE DEED'S 28 1205 Boyle & Drake, Inc. 3763PG, 117MAMMUTPU 9 Lw tura tll►1Rlroi.. v«tti t>t�e111, lAG 31 GRB aHoNofnea.l.Lr- 390 Northwoo Mc mantile Place Part Sr. Lucia, FL. 34464 Parcel l4cmification Number: 12-3914 49.7gt10-finniam iieeisil Warranty Deed Tl1TS SINKWAWARRAMi? t Is . ?r5, made as aib i% Sfl dar of March, 2635, betwom Arbears *1 Vowodley Vlltsds U,>rrlt 111110rida laMlllli 1ritliMyr ry, whose Nig addtots is 35,211, 1`4o1XlSY4 Av *UU ItWlywpad. ML Cf lan,GRBK GH[11M mw#IA *Ilo* lJmlted L111dUty Company, whin mailing address is 5% Nortbweat Pura, Por! St. Lack. FL W i TN E'S SSTO Ii1A"i'tirLrtnr, for and is oloWderatioa of the sum of TEN DOLLARS 010,00), and outer good and valuable cxxn lermtion pald to by Qraame, the racdpt of wbfcb is irerctry acknowlediled, by tbe0li.pstT"e doft,q apt, beegain, %all amt! ccmvoy to Omuft s,' asd (iretttee's stmaseors and aaaltis fwaver, dt 11ta xig)tt, litlq tori - aM M lhal tto uin reel property (dte " 'locaWd and aft tad in ladka RivertAmmty. Fkaidaard-Ift described ae foRowta FUR PsopmryDaYICINPYYoN,SBE6XiilBfr-A-ArACwOiixRts'7i Aso AMM A.PAR T11FRfs)F 1uGE714ER vAh al IatplmounK weerneada, tcnememts, lterasHlamenu and appunwri mtoes belicaling to or ri any way appertaining to the Proparly, SUBJECT to taxer: ftx 2025 OW stibei'Mpatit years, nta yet due nLnd payable; ci"mmits, restrwutirnw, umcmmt%, wwrvnlion% and limNatiM of rtC+rrd, if sny, withWA hrtetrligh oiarcatk* ar Fci1MjK1%ing same. TO HAVE VE ANP TO HOLD the same in fee aitt �OtAst1G GRANTOR hereby specially warrants the 1wiiu 01Rt)ptrrty and will defend the game apinst tate lawful claims of all potsuu� claiming by, tbroutylt, or wWcr Grantor, W nww otllel4 TMSN�; 7t-07�Rl Florida Spowl 4Wsrrpaq Pot 29 t'tt6P't ttfi 1206 ray Nw Moi- 63 Fbdd& fiO ww w ftv�F D"d r4p son 30 1207 Boyle & Drake, Inc. M 37463 PG: ><m Pfq*dy MIGMr rslrel i 7'he Wcm S arses of tate North 10 arxos of the Sr 114 ofSR 114 ?he South 15 Acros aflhe Notch 25 Acm of tho 5E 114 of ft= IIA AN Q(OV M Of SL 1/4 lying l:w of tite East rig+Mrof-way of deur US. 01 as said U.S. 41 Is 4kw ibrd 1009AW OT ltltlg T000rded in Official Record¢ Book 105. ihtge 431. AN Ofdwtdwve in Section 10, Towachip 32 South, Range 39 East, Indian Riva County. lloridn Less right -of wtllgtof" 1111. _lIIMW # 'Me EadSeeres oflhe Notth M acres of the Snotbcaxt Q uorterof the Southeast Quarles. Gess Ruse right-or•wrq. SeCOM11% Townabip32 South, Range 39 Last, said land lying and being in Indian River C minty, Florida. Boyle & Drake, Inc. CFti 2024099253, OR H1t 10011 P*" 13�45t .11 4►tti�ltl 03111/2"4 ytt 111,35 AM Rachel M. Sadoff, Clerk of Courts, $tom �t>).? 00! "0t::'>If�9is.OQ TTNB t±ttwnerlt prepared by we Alun Itt 1.rabMVnA r:eeeegr - - 10 S. Iftreor Cay 9oLiowo rtl s5 a pecessry lxidar[ 10 the Umhwt 0f tsnetlern . . rauyMr4 ee M MM rewwoe v molwem %sued bF a properly Appraisers Parcel I D. {Folio} Nunter(s); 28.37,23-ADF6t i Fan N0.: 171090004: : This 011076t4r11541AMwto4Qh4*40 v MU propetUM0(I,1Qyif�:1fi:1 whose pori eMrllesiSWMMlK2MIIiiN r�M6itlyla.11ll::,.. . hereinatler M!+�faMlf' w ..... ..... .. fAea FattdM/Illtlf„llRrttll6ttdREtNptlq�tap� wtgss post trI80aMII1rIt 7166 FnW"n DAVO OK-UMT Palm Bay, FL 321Db hsWnpolter ci1NM-NI!'rOt)rlMe`. _. SEft TIMC setod Granby, Tor and in coonsiderabon of the sum of Ten and DOM00 Doetr(l; 00 #fjlW Vlk1* Makf"Oons, ratwt wharsot it hereby ecknow wiped, hereby grams Ml1�Mlwr "W_,d ei, tM*M% 0*1IIIIIIII6, conveys and confirms unto the C:rantee all that certain lane tNiu a in &o1r aid Cut* Fk0k, to ',A SEE EXH1817'A* ATTACHED HERETO The property is not the homestead of the Grontoc(s) under the Lows and constitution of the state of Honda In that neither Grantor(s) nor any member of ft household of Grant0s) reside thereon. The subject property is vacant, unimproved Loral. TOGETHER ,Aqllall time lenemetts, hereditaments and epprntanancas thereto belonprtp.or or, anyeew appertaining. - To Have and to Bold, the sane in fee simple forever. - - And theGfinbxhftgbpftstion With stood GrlM/WtW#r'QMnUwisMwilf�yt1ti11M1dtitiA1M9111tiw(r .: arplrv:thatObMl'"rIMp ho' tl�rts+rid1wMNu1 1�14�jraa Sol, +wwr$lwtlrM'4AI�IIIfr .. ,efehy fully VWrTarlti tftt 1� to 11",ow soK �M RM aerscns whomsoever: andilikaWllMlr#tM;dt ^z Zt7i;3. reaervabnns, rllMipN011�t1hd'MIIItM1I�+0�IriM11,tM�r ''`�! feRns '�anro�' a!a7 "3w�9N'aalaMl atltofaaasaststrN/ealtlNratMtntto�NysMreralww M Mi Mr9er9l t3ftoYMrJ 19Mr�n; ir�lI00E6s 1slslsfz NowryCarn Doc 10: T91lpd�t•BdlrMcaaa0a taf>18riM�11d.: - - 32 1209 Boyle & Drake, Inc. OR BK 10011 PG 1346 IM IMIMESS WHEREOF, Grantor has hemuntg sot Graoor's 4+ar4 and seal the day aro Year first above wrillift p1T1��::IE Ft]i:.��NNG SNTN�.S5E5 TED WITNESSES RECIIARED SRA PROPERTIES, LLC, AFtMDA WAITED LIABrUTY COMPANY Priet�bi Mlblllr.DWAMPINOW V Moog. now4will, IN"" ��rr,r �f/!1 K Ki16e►p Revocable Uvaflp Tnu� W►biariAddress ip�lilMr � .iSISAbIISIX. M Witr>ass synabare: � "'""• Printed Name anruon iaHsr Wttnm Address: 10 S Hadar CNV 9W Melboume, Fi 22M Stals, of Florrds Comfy of frrvard The f0reg0ng Instrrrnent **s a0roAftdged bellwe me by rpsa! of a WWSltal presefte or 13 r notarisation, thts bttr day of March. 2024 by Susan K_ Kupferbe% true", as mWWpar for Prppshies. ILC, a Floods L nAW Lialuft Conwrvy. H*MhalThey W M Q PbPb0lA* KAM i Rrtdwed drKwa llemse(s) as fdentlNrabon. �A Notary Public Shure (SEAL) 1 Pentad Name ShsrinOn Zeiler��, My Commission Expires brSsdFlalM� HH 262267 0 KMume NoU ry [Cheek fax it ecknovrledgment dornr by perIWw . Completed +ala Remote online Notarization wing 2 way AudioNWeo technology. wsun.: ,xsastopi M�bry+�000.� 7NlI�tiOM�Igw•a�41t�.1�711�pN0�d 33 aawzaa 1210 Boyle & Drake, Inc. OR BK 10011 PG 1347 EXHIBIT "A" LEGAL DESCRIPTION The Soletewest Quarter (M f)41 of the Soudreast Quarter ISE 114) of Seedm?A Township 28 South, Range 37 Feet, 8""rd County, FlcMds, Etcapting the South 288 feet thereat ,also Cess the Mghts of way of GlerVram Drive and'Velencia Drive; and Also Leas that portion of the property sM to Harm Gotporalan unW MIIlrl I 111llli111111VI& 1963 and recorded m Offs" Records Bock 2430, Page 1862, Public Rh1tllt�M '�1�,1�INt1 deunbpd as .A porton of the Southwest ot"uarW of Southeaail orm" arter of Section 23. T 101111111W .. ... . - Range 37 East, Brerard Cotatty. FloMds, and being more paelicularty described as llsitsllrOMMt Naar fine of the Sowtravat orra quarter of the Southeast tuba warter of said Section 29 ow:: lMMd NN of way line of Glienhaim Road, run Uenham Road, run S W004" 01" W a wsume of W-W- rtin N 89'57119" W a distance of 8134.36 feet; thence run S 0*02"03' W a 4mmanoe of 101W� 1111ir North ens of the South 21311,0 feat tithe Soupmeat one-quarter of the Soulstesn onm.WWliF4#j0.' Section 23, thence run S 89'44'01" W Wong the said North line a distance of 891.56 feel 1611he of the Sw trwaet ane -towner d the Southeast wwquwW of said Section 23, thence run twprl►l"Nfl�i .. .. . sad west line a distance of 10U.61 khat to the North line of the Southwest tape -quem of the SouMsN on"uaAsf of said Setaion 23. thence ries S 89'STO9" E along the said Nath ane a distance of 1246.83 foo to On PoW of OW ning. t10110101 1t w=# N61ttyCtNs d0a R!s'�IL6ida/,itN/�asaafla3.4a�ct9r„26d t+sas 3 of 9 34 1211 Boyle & Drake, Inc. m2012A0a112M RWORD1C1f IN THE RlCCORM OF RYAN L. 9,U?1=V1,MK01rCRKVff COM 1NDLAM AIM CD PL BK: 368.1M. VM.*IWMIWSAM DW11MAXPDX129 This Insuutncnt Yreua L4 by, Mike lames StrprenaeTitle 4olulttms, LLC 1410 19th Place iiefo Brach, FL 32960 After Rmotding Return to: (;KOK CHO Hamm. LLC 590 Northwest Mercamik Place Port St. Luck, FL 34996 Parcel tdemificatiam?JirtnUel`.. 32-3040400"30-00.002* 3-2639.03.00M-0030-000030. 32.394"00pU-7OM4 06Yft M39-0340000.7000-00002/0; 32-39-04110000-70M40001011111; 32.•39-03-0OOW-7000-0000610: 32-34A3•tfQ000�'i0O4-ll'QO�p':i93"±2r3'1F�03-Q0000-i004-DO(1IOS/D, 3244-03�Ot104O.7000ii'i: 3a103�+Q0040-7044.0OOO8t2 (Stptce Above This Lisa Wair special Warratntt r;sll TH?B SPWAL WARRANTY DBF.D Mda " 'g M-0) (r meds As.of Wo 14 &y of it an* *114bow 1Ytrt Vem Ellemb LLC, a Fis`rldn Mulled ikbitity eompany, whowt aso s`�� aiddress is M, S drabs® Blt4ta. 3b0wmi $ gy IL 6di0d " r+rGar") Iv, f:Rlilf 4:ti(i Hwnra, E+I+Ca a 11IOrlda N101tso NBWW+tlrt4pilW*how moping addmm is 590 Naa4kwtat Mercantile Ptacr, Port Sit. itaelw,.it4 i(' 9. �rrTNis��aa��: THAT Granlar, for and ht ewui* agw or of ,>tm ar TMI MLA ARS lj3#001)� sad .o6w ,Brod sod utile caaaMOWN p W to Granaor by Qualm wa rsM* oto to Naal11 aa�lr . by a �l doatr �pai, blt�i� am and comigr to Grantee, and framer's arwomislo a sad tiiM6�lfr� 40, aMe 404 elk aaw "llm rd is aitd.lo Mat 9Ermn til prapargr (wa -EMLert , ,tidW`bnfIrsrentRhj.udonrs: MA PJWPE1RTY DE.SCRf>'* 7400, S&t &M1fi f "A—.i7TAC 11 -FD ttLtFlf6lClAND M4 n8 A A.t .WMl TOOK tailh ■U improusatsearts, ap0uaaa, getwisrua haxwdF dons and rpprtm m:es lraliltlp *-W 6 or W" spoulmobstoon VJBM3CT $a Isom fw 2024 and subsequent yam trot yea dos and MW* 00t1 0 ds, r �i eri "sham WASWROWas oaf reeord• If any. 'M MAVR AWD TO NOLA) the mne in fee simple farerar. QRAWTOR herchy sPcetstly tweam is tits Mb 10 So Pkagwl Md VA.49W.0 sow VVMU dts *WIN qla M ardl parrops eGLaiag try, #lrmu�, oa �undcr 4renaar, batt n01tt.0�Lf File No..22-03-2375 FWkla Special Warranty Deed Page t w 35 1212 Boyle & Drake, Inc. 3k: 36S4 PC: Wil l RIC N).:22-0-2375 Rovida Spmiul Warranty Deed 37 1214 Boyle & Drake, Inc. POW 41:1 M.tfid Wentofthe&WORO Wm*( e.SWkw*IM aMiftsihimask,114offtWO3, Toad 32 S w* %x e.39 2tttt. ta" Rhear i+l OWN, dtaewoe:noft No* i3 � tbtt�tx West 3273 ": Mte Parcel Ss The South M of the Gast 10 ages of the 4'omlhwcm 114 of the Soudomma W td`s"m 11 T&OMW 32.8 1*4 . . Rnnge 39 East. lying and being in Indian (fiver CAmW,Florida. Pared 6: The Notth Wte•halfaM kit 18 wm of ft Southwest [A cif the Southeast iM 08 111, 3.'!jP1M10Ilft.$2 South, Roo 39 Book ladim Rlw+r Courcy, FlowWa, Pa"7: Be* s t tho Sauihwttet oon or o m I tai X &oOm 3, Township 333outh. Range 39 Last. that*tan North 73 y ttdr. 8t 333 yrwrda, 3oWh 73 youth, WilM yok b dwPbimit of ftnn i ng, Iyittg in ladles . River County, Floridr. Pkat g: The West ow -half of the 'West one-half of the Southeast 114 of the Southt o V4,4W the Setdh 433,9:1 fea of the West 299.79 feet, in Section 3, Township 32 South, Range 39 Hatgl, bWW Rhror Coon% Ftarins. File W: 2M-2373. FWM Special Warranty Deed 38 ?w 4 of 5 1215 Boyle & Drake, Inc. 8K: 3611-1 P4': 9fJ parocl 9: T11613QN{11435.911 fba of'thy {f►+est 299.79 Wof ft West cNte-half of lfie Wesl one-half of the 5cwtltcest 114 of the Southeast 114, LESS AND EXC>3"thptaA150 feet of the West tto fcct dtGrcof and right of way of recorded, Section 3, Towtt Mp 32 Sook imp 30 151184 1YW& 10IMM R1vcrCuttttty, Vlbridt. Parcel 10: Beginning at tha.SovO wm tootle• of die South 435.91 feet of the West 2119,79 fact of the West 112 or the West tla of the -Sort a 1%4 oflhe Sptthrast 1/4 ofStno w-.:�;Titwwhlp 32 Sot* Kpttge 39 Batt, thenGG run duC Bast 80 feK d moe"due North 150 fact tuella, due it ihop tbenetoAn8swlt 150 Fxt to the Paint of Beginning, lets and owept road rightoPvtltlryr hriil A 1i1Wv i9foed. Wd imd ly be end being in Itndlim River County. Florida. LESS AND E7tCEPT1NG the additional right-of-way far 69th StreetqpgYlO ;* hVwjtwa CoUrdybyStatutay Wari-wity heed ret:onled in Official itcoords 13atfit3iSirP*`1Waf6c Pttblia RUCords of Indian River County, Florida.. Pile Noy: 22 -CS -2375 Fkwkin Specief iNaitanty Decd Pne 5 of 5 39 1216 Boyle & Drake, Inc. �t��.�eaa,►u�w�c�o�a� Rx�+t �,..n�:�+ar�+cn;r�o+r �rtv� sx: PG: 2197,MMOiS2--M M n nalcTAX tdor'. aa� ■ reMPn to: /I�YRaarr TPIks i Eaavw. LLC s'a rtlaatma. Fwrt o.., aaMs m3 Filo Numlwr. AT.C421M _ 11wle.�an'!.g tbby Why Deed WNMI mads ft " dqt MY9M�R U.13' mWow N. Whyte KlakamP, Inc. a �� Ylda► Wa mm of Ohio riMOaa +Il 6 adtta b 905 1M PYais, bene Read% FL ♦ w r i PIMtM�a UPblaty CemParrY whose Dost off" ed(rass A iM�I1 iwMtlir�A1 1. FL ism-,nMe; pMd M/A9 Mt�u `Fannon am ytaresr' YtoYds as 9rs DeAss to 0'a inseumwo am sa haw. Segal tgtli1�11W9aI, �.111�1Aa! 9eaAdwta. ane lPw sra.asaas ane wipns d caPaems+a wsh aM tnratrasJ giF1e99Miylaet10, brow In mnalesnent ofV,;ewmofT9JM 0"00 - lY1o,90J III III pratdar In hand Paid by Mid-iM sreaP is twreby 1�11Ie�IR> I1101A1 lMId SOW to the saw granesa #19lpns Fearer, the 1b1bFFMq daaalMmi MIItd. s&if "V aid baby mWelndla —b rr >f0 The NOrthaaat quarter (NE 114) all the Souilwnst glrl4 1'IMFlFM9a41. Uwrahlp 32 flouft Range 39 East Indian River County, Florida: Yrs and sampt ASf14 iMI#ay far public roads And drainage canals. ParuttderMfdcatkwr Number, 31391100900900000001.0 SuAJeat to Current Taxon, Estsemants and Restrictions of Records. Toylow oft so w191rMtsltheredUmerris And apfwriamnom thereto barar�I;rng nr n anywise ap eawning To HMO 111111111101W iM same.n we wrpfa Iontwor. And 90 /f 0osanants wft 2" grardea that dla grankor R IawtuiPy Se zed or said Ynd In Pee simple, Vert to IWAgm arrd lawful auf rq to Wl and corwy gad arv1, "Pat the grantor harehy fatty war+ i tiYb Ind and wii dotard the same aya?res.. Iris lawful ctslms of as persons whonxoover. and tls� Maid 8 9rr of q enwmtxarmos, aaas� tatrw swung subtrtquent to December 31. 2023. In Millions Whereof. gw*w has hsrswito set gra ooll hand and seal the day and year first abrin wr;aen. 1217 Boyle & Drake, Inc. W 3666 PG: 2198 sfr1�/ iMM �MfwlriM eilt�!NMlr�e !4- Inc. a Cwpom ion crgmresad rp ONG ka-- r .. +. r NV,,Msy 1111h. stimle of NOW - ""i Mandy SI H9�It-t'r My Ce1lLLiLiort HK MN 1LpOx9 GIpp or [a ik} I number, If any) a- N' rw S 41 1218 Q 8 Boyle & Drake, Inc. JIM30"758 1MCORDSR 1111 THE RBG'0111811i ©F RYAN 1. BUTii M CLERK QF -CIRC[ UIT CQURT Qi LW IUVajL 0 FL RX: 3466 PG: 692,12fin .# 11:31 AM 0 DOCTAX SNA" 'Tfin imw mment,prrpwT46J «xiMik rnwuwAK 1, ems tatisi�„ 1 arisrrta+�a.wr bittLtatm.4Mii..R iplwrlll tMird„>Ilrttab Af 191 SPECIAL WARRANTY DEED ParoN 11) ?4M ` 33-39-10-00000-10MM101141 32.39.104*000-1000.00002 32-39-10-00000.100a0n003 32-39- 10-00000- 1000-00045 31."6,I4-40W1000-(it1046 THIS SPEECI" WARe11 Nft W40 made and cxecutod this 4,0.GfNovftber, 2023, by 'WtNTFX BFd►CH, LLC40 Pt�ridO Rrl�' i"fiRA�P1ti16"� titers P60o ice address is 26 NE 166th Street; North Wild 0rtrldi. FL 31b2='r1'W � LA" COMPANY, INC., a 1ldawane corporation ("C�"a wliot+e pod t -edt it i14Q Virginia Drive, Fort rltaahiVon, pA 19034 (Wheaetrer,toad> ft Nna4'GRAMM" m ORANTCEV' include all the paww to Udo btt+ftanumn Awo2h6 helm *0 a of ink elduaK and the successors and assigns of con,pardes}. VVJ'I�Ii1886'1'>!is THAT GRANTOR, for atld in comoklewallon of the sum of I'm and NU 100. dollars, (510.00) Yost .. . other gnd good avahtabk lrim Conal& lintttt iahend "M to GRANTOR by GRANT Iiw. , wllaq! 4w harebp W Wiplgod, doer iifft gaa ot,: ell, movey and cmill1m unbaaltc l m,= at#0property hs er Awarihed, and #9�ttr and fa said.paLp ropetty ko*W 6► EatNei 1 C wlq►, Fk+ride, lowait The East V2 of the N I? 114 of th e N E 114 in Section 10, Township 32 South, Range 39 tytrg sttd being; in Indian River County, Florida, lying North of Quay Rack Road. Parcel Ilk 32 39-10.00009-UH1t1.11t1001 bMj!.2 The East 1/2 of the hast 10.20 acres of the NW 114 of the TE 114 In Section 10, Towaship 32 Borth, Roagg 39 F.aat, lying and being in Indian River County, Florida, and lying North of Quay Dock Road. I'm reel Ill: 32-39-10-00000-1 OW -00003 Parcel The East 112 of the Wes( 1/2 of the 5E 1/4 of The NE 114 in Section 10, Township 32 Sopth, Range 39 East, lying and being in Indian River County, Florida, lying North of Quay Duck Road. 1'a reel 111: 32-39-10-00000-100"0045 42 1219 Boyle & Drake, Inc. BK: 3666 PG; 693 The West 112 of the Northeast 1/4 of the Northeast 114 of Secdaa 10,'rbMakip 32 South, Range 34 Past, lying and being in Indian River County. 111*08, lying North of the right -or --way for Quay Dock Road, less any portion lying in Road right-of-way for North Winter Beach Road (69th Streetl, Parcel 10: 32-39-10-00000-10410-00002 Parcel 5: The north 1/2 oldw Woo 112.qfthe 8atillgtat IM Oftha Northeast 1/4 in section 10, Townskip 3l5900, Ita*39 Rot, lyiogmd h6ur in Indian River(]Duttty, Floridn, 44" NW aC** rl any fur [Quay Doek Rund. Parsee! IDI U 89.19+08000-1non-MO-16 This conveyance Is pabjo*tp the rotiolw ing: i . heal alfAet! fe9res far the yaer 2A1t3, �W>�Mequattt 1 2. OmPlioteg,eovsswta,rateFWom,tmhmill+u larmll oft!oeatd,wlr3tlt> M* to t0hopm Mae. 3; Eottigg, p atM udrer tttirtsirtls iulRa7+5"• ANP GIMTOR hmby, otjmcoM Willh- LAMM OW GRANTOR Is lawtit>!y of said land in fie simpk, that CAANTOR hatOW to and iawlul � to sail and convey said >t dd a that GRANTOR dotes hereby My tltas toy taiW *W and will de%nd the same agaiml the lawful claims of all petxrns claim htgby, 8adrghausda QRAl�11M but against none ocher. S146NATVRV-S CONTINUE ON NEXTPAGE AC I: 43 1220 Boyle & Drake, Inc. RK_ 3666 PG: 691 lin W1TN>�111t1R6REt1>Rs+Grantor has hereunto set their Ivied and seal the day and year first abow +Kenton. Signal, sealed avid deliverted GRANTOR: in ft prtettence of W I NTER IMACIL LW. a Florida limited liability company PdW N- to By: NamHsriso Title ager Penal. T1►i: Mw� - '88 COU14TY (w ":11A►L.� MKSOR6 M, the tin&- igned authority, vuro this A�-day of Novetatkr 2023, by means of i4bytdetti Pives r" or Q online ■otarixaliop appeared Jar}r H. Hsiao, as Manager of Winter Beach, LIX, It Florida limited liability company, on who$ej is pemmially known to me or(_) vAW has praluod tis,WasAilleatiun, and ackuu+rledged that she eseeutod the iittr�raart fur Art: parpotl�ed.Ataroh. NOTARY STAMP: e—Ck NWAKV PUB= Sit oPFhad& trlMe:utW . Pried> [i��► ��sy :: ;rrrcoullt�ptrs :: "Ta` tiOMrlR;alNlf;1111 �!' t WIMMrrlltllriYtcMwp 44 1221 Boyle & Drake, Inc. 31=MI40IT RXCOtRg= iii TM.RWOMM OF itTAX T*R MILERr,!CU, .RK; X. IT COURT IMAIAM RIVER CO FL BK: 3M M. 22164 4W" 3, -SO PM Di WCTAX P9 $9Q*1NAN Lepel & Attoreeyt low zdn Stan Sehrtttimp 63.32M 0"119941111111111 Al►dlI90 FilteNmber, M6M 11loftA4dae"[kht,inaftliiW dmYDout Warranty heed Tics WarraphDeed maik, th:s: � ilm of Vrbrsmrx 2024 bnkNeen Indian Hirer Rastb. LLC, a Dekwolw*4111ill lhliiilYautMny «h 4: pr, .ifas.j.Ji s.:ol'l('noperAae, Suite 201.Aspen. Culorado8161l4wm.:ilyditi PAW ���aA.,W.yA,T009, Inc-, a 1-lurida non prnfit rorporAtion, iNltmc post Qiiiice os 431317 CAf� 041 Dove, SUt6e:"I. Vag 1k41 L FL329('•". g7anwt ' efteawer low side 041t11ea�*pelltaf` iIM aMipbl�' rihfil'rR t ories w thew iawminw and dx htez tell rwrmm a lwm and anism Of atClvtbtatr. ittd dtt fitaeNsett yi@ sstl(IaSUTanreleltsefr Kass ow nart�abl Witeesseih. Chas said granw. Nor find in 6oindtretion of um the s0TEN AND NO; 140 DOLLARS 4510,001 attd other goad and ealwhle cordidawhim w inid grantor in hand 1*d by said granter. the rr eo uttereof is hereh} acktwaiedged_ ha& granted, hardaiimad, and sold to the said grunts need gtentee's heirs and assigns forever, the following described land. situale, lying and being in Indian River County. Florida tt�-t+it SeeEXW* nA'" attached. Ttteftwtrllhall thetenthmems.ltenediutrnmisand appantnarwestherein belpr eD` iditMt6Maliperisining. To Have ated to HW, the name in (m simple tier -ver, saltimlpillenNptgmto OW11104ift wtictiom and maters of rword. AOd the grantor bmby vowarso a ith said granter that the grantAp Is lea fulty; 00111 Of NM limit in At slgtpk: that the grantor luta good right aid Itmful authority to sell and comV said land: that the#NOW Non? 1 the title to said land and will delxnd this sone against the lawfui ela$ne't?f all per."" xhojinoevCt; pod llet;ee¢tl pend is fieac of all oncaanhiattces, "ocpt taitm:aoartw%s n#to $=I * 3. In Witness Whereof. gramor has hereunw ing*v 106f' *&W and seal the dac and } ear first atibwowelhht SignecJ, seulva andel #iterri in twr prPsenoe= �, 11aeeM,taJ� Pl,.letiMii! �ieI7Hlpr�V�l' R'itncss Printed Nunm:IL1IV4� Ll`{ taltl{S,3 � Mme' R.O..Addtess:_.�31n c0flot4-t- -r-k -15c> l4 Whom Pelnoed Mom Pte. Andreae• d. Iin to n4a r1 The hteaeo m wen trdirwrrle ed befate me eeoru of Mlr>11r M P +4r( jaaiiiee aee/tatkn Mlis dtgr ttiffel UN7 am by Dun Id, C. dw"K bbmw of who ::. :. hao�ss oe j j Itn1 Ptoted addvefa Kmtise es itleedon 1- i ""K►+at[ Jt set A � i �4 t. �II:E ��Q � t �k.�.al..a` ttf ►►nary Jo h 2A07� � � f• Mr cannattaaen JWWAWY 2;" J027- i.45'':: 1222 Boyle & Drake, Inc. BM: 3MH PG: 2261 Exhibit A T1hnt portinn of the fbliowing dewribed property Wing west of the mese high-witelFt ' �l�Ol .�lr#R'.t$ .111( - - Go%ernment Lot 4 of Section 34, Township 31 booth, Range 39 East, Indian River il:� oftii&'W todffMdiy 1,1 of Government Lot I of Section 3, Township 32 South, Range 39 East, Indian : And 1 V2 of the N G"2 of the NE V4 of the NN: IW of SettW0X Township 32 South. Rasp3%Me#, Indian River toms Florida, being more particularly described as follows: Iteing a part of C.,ernmeat Lot 4, Section 34, To 1l', South, Range .34 fNd#../a1'Ri:> .Gorernmrat Lot 1, %"lima 3, I owtnhip 32 %outh, Range 39. East sed a part of The Northeast quarter oftht WW*i1g p quarter of Serdoe 3. Township 32, South, Range 39 East, Indian Ritter C.'aunh Florida, being; more fV*'#M111bed as follows: Beginning at the soothwest career of said government tot 4; thence N.60°t2'36"E. ala�tid11001141ilnid government lot 4 and also being the east right of way line of 39th Avenut, a distance of.iodm**itsim N.89'S4'33"E. abut the common property line per boundary lime agreement as describd4*6d6#�'i41, 247 of the public records of Indian River County, Florida, a distance of 1,1199.71 feet to thmtiril i1�dltQ . thence the follow=ing cells along the shoreline of the Indian River, 333°90'311W„ a d UMM 5.28°06'31 "W„ a distance of 19.29 feet; thence 5,38'02'49M, a distance of 2M feet; i1 i distatice of 23.09 feet; themes S18032'07"W., a distance of 18.51 feet; dMide 8.19"14'01"!: litl�l�l�t�gi�00 thence 3:03°]6'12"E„ a distance of 10.34 feet; thence S.4040147"E., s ill4gienof 2i St,fot� ��y1 distance df 35.'14 keg; tboncs T.79g18'S2"E., a distance of 174 feet; liaBdo8AM%V�$Ms-410 101111011 therm SiPl9 f9"E , a distance of 38 35 feet; thence 526141'11 "E., a t01111g11q�f>10t0�.101ri1 Iam q .. dlstinte if42.83 fact; thence 1S-"*I1'44"E., a distance of 3039 feet; dm.w..�R . thenctSfi 0'03^E.,adistamreof19,22 feet;theneeS.i6°0013"E.,adaYliew # distance of 9.64 fast. thence 5.15138'31"E., a distinct ar 25.0" feet; the &*W1M*dh1Wft it. lfl thence S.OS°33'S5"Fr a distance el 31.98 feet thence 5,18,5" 1"E., A sista df 19.63>l!♦Oy ei 0 distance of 44.55 reel; thence S.4b°1216"E" a distance of 19.73 feet; thence 3,13e10'SMytN/iM� thence S.00054'56"E„ a distance of 32.32 feet theere ti08°Si'34^F , a distance o138.59 011 ei i distance of 43.73 feet thence S.25.31'43^E., a distance of 26.68 feet; thence 5.43°3ic37ad Irl if S53'�f11R tbcace 5.45'09'10"E., a dixtancc of 48.74 feel; [hence 5.64°39'3'^E., a distance all'!:9'rk.l�ttlMllilj`�il°181rs11 distance of 34.68 reef tbsrrcc 5 55°36'd3"i , a distance of 33.1' feet; thtganiif, etF hif 31.11 h* ibcoce 935° 15'42"E„ a distance of 39.15 feet; then" 5.23° 18'30"E., a t1 distance of 47.75 fret; thence 5.21149'36"E., a distance of 31.67 feet to thesell) lilt ar*' Borth bwr of the North half of uW Government Lot 1; thence 5,09°59'44"W. along said south line, a di'800ge or 1,174.33 feet; thence continue 5.89°99"44"W. along the south line of the North half of the North half elffNRlefthesit quarter of the Rordru eat quarter of said Section 3, a distance of 1,328.77 feet dwact N.004 V 'A* the west line of said :Northeast quarter of the Northwest quarter and also brink the emit rlpht of way Ione of 39th ;Avenue, a distance or 336.48 feel to the Point of Beginning. Parcel Idaotification ,'number: 313934(*0U(tK14(NNKa]L0. 32390300K)010(l(KM)I.4.3?.$9p}iMMNK1:HHNMKICKlI.1 1223 Boyle & Drake, Inc. QUALIFICATIONS 47 1224 Boyle & Drake, Inc. Qualif cations of the Appraiser Stephen M. Boyle, MAI State Certified General Real Estate Appraiser RZ 3470 Academic Education Bachelor of Science in Business Administration -Finance, Minor — Economics University of Central Florida Spring 2007 Real Estate Appraisal Classes Steve Williamson AB 1 Lake Mary, Fl Completed May 2003 IFREC Real Estate School AB H Orlando, Fl Completed October 2006 IFREC Real Estate School 15 Hour USPAP Orlando, Fl Completed October 2006 Appraisal Institute General Site Valuation and Cost Approach Orlando, Fl Completed October 2008 Appraisal Institute General Sales Comparison Approach Orlando, Fl Completed February 2009 Appraisal Institute General Market Analysis and Highest & Best Use Orlando, Fl Completed August 2009 Appraisal Institute Real Estate Finance, Statistics, and Valuation Modeling Miami, Fl Completed September 2009 Appraisal Institute Advanced Sales Comparison and Cost Approach, Orlando, Fl Completed November 2009 48 Appraisal Institute General Report Writing and Case Studies Ft. Lauderdale, Fl Completed March 2010 Appraisal Institute General Income Approach Part I Orlando, Fl Completed March 2010 Appraisal Institute General Income Approach Part H Orlando, Fl Completed June 2010 Appraisal Institute Advanced Income Capitalization Louisville, Ky Completed October 2012 Appraisal Institute Advanced Concepts & Case Studies Ft. Lauderdale, Fl Completed March 2013 1225 Boyle & Drake, Inc. Numerous real estate related courses were completed at the University of Central Florida including Real Estate Law, Real Estate Investment Analysis, Basics of Real Estate Appraisal, Price Theory, Urban and Regional Economic Issues. Proficient in Argus Software Continuing Education consists of a minimum of 30 hours every two years as required by the Florida Real Estate Appraisal Board. Professional Experience Boyle and Drake Inc. 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 Commercial Real Estate Appraiser Integra Realty Resources -Orlando 28 W. Central Boulevard Suite 300 Orlando, Florida 32801 Commercial Real Estate Appraiser Boyle and Drake Inc. 3305 Flamingo Drive Vero Beach, Florida 32963 Residential Real Estate Appraiser Types of Appraisals Completed 4/09 to present 3/06 to 4/09 6/03 to 12/05 (Part Time) Commercial/Industrial/Retaii/Special Purposes Distribution/Manufacturing Warehouses Office Rental Studies GSA Fair Annual Rent Studies Office Buildings Insurance Replacement Cost Reports Apartment Complexes Residential Developments Restaurants Bed & Breakfast Lodging Facilities Branch Banks Wetlands/Conservation Lands Automobile Dealerships Mini Storage Condemnation/Inverse Condemnation Shopping Centers Private Schools Religious Facilities Mobile Home Parks Mixed Use Developments Grocery Stores Condominiums Auto Body Shops Leasehold Interest Vacant Land (All Types) Land Encumbered by CDD/SAD Bonds Developments of Regional Impact (DRI) Golf Courses & Private Clubs Ground Leases Cell Towers Billboards Correctional Facilities Wildlife Sanctuaries 1226 Boyle & Drake, Inc. Professional Affiliations & Licenses Designated Member of the Appraisal Institute #501667 State of Florida Certified General Real Estate Appraiser RZ 3470 1228 REAL ESTATE APPRAISAL REPORT OF 36.99 -ACRES OF VACANT RESIDENTIAL LA IND LocATED AT 3005 73RD STREET, VERo BEACH, INDIAN RIVER C uNTYs:FL 32967 Prepared For: Indian River County Ms. Wendy Swindell Assistant Director, Parks & Conservation 1504 911 Street SW Vero Beach, FL 32962 Effective Date of the Appra ah June 9, 2025 Date of the Report: June 24, 2025 Prepared by: Turnx.-AR111IE'IELD-WAGNER APPRAISAL & RESEARCH, INc. Matthew Jehs, MAI, State Certified General Meal Estate Appraiser RZ2806 Jason Malick, Trainee Appraiser RI25267 File Name: AC25-2551 1229 Tuttle-Atmfield-Wagner Appraisals & Research, Inc. 412 E. New Maven Avenue, Melbourne, FL 32901 Matthew W. Jehs. MAI, Cart Gen RZ2806 Email: taw@t-a-w.com Phone: (321)723-7010 June 24, 2025 Indian River County Ms. Wendy Swindell. Assistant Director, Parks & Conservation 1509 9t' Street SW Vero Beach, FL, 32962 Re: Real Estate Appraisal Report 36.99 -Acres of Residential Land Located at 3005 73rd Street, Vero Beach, Indian Diver County, FL 37 File Name: AC25-2551 Gary DiGiaeomo Cert Gen RZ1630 Email: tawres-a-w.com Fax: (321) 723-4375 At your request, we have prepared an appraisal for the above referenced property. The subject property is legally described in the accompanying report, of which this letter is hereby made a part of and incorporated therein. This report is for your exclusive use and we are not responsible for any unauthorized use. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2(a), It presents a discussion of the data, reasoning, and analyses that were used in the appraisal process to develop the opinion of value,, Additional supporting documentation concerning the data, reasoning, and analyses is retained in our file. The subject consists of two adjacent parcels with a total of 36.99:Acres with frontage along 73rd Street in Vero Beach. The parcel has approximately 19.45 acres or 53% wetlands as indicated on the U.S. Fish and Wildlife National Wetlands Inventory Maps. It is unlikely development would occur in this area due to development restrictions and a future land use of C-2 Conservation, allowing 1 unit per 40 acres. There are 17.54 acres of identified uplands zoned RS -3 Single Family Residential District (up to 3 units per acre). This area appears that it could support future development. The property is not listed for sale nor under contract for purchase. The property is further identified as Indian River County Property Appraiser Parcel IDs 32390300000003000001.0 and 32390200000500000001.0. 1230 At the request of the client, the purpo of this appraisal is to admete the Current Market Value of the subject property's Fee Simple estate in its �`As IC condtion, effective June 9, 2025. This letter of transmittal is not an appraisal report;. however, the attached report sets forth the data, research, and analyses that support ow value conclusions. Based on the appraisal described in the accompanying report, subject to the Limiting Conditions and Extraordinary Assumptions, we have made the following value conclusions; Premise Date Value Conclusion Current As Is Market Value Fee Simple 6YNM 5 $1,455,000 Please reference Page 6 of this report for important information regarding the Limiting Conditions and Assumptions; Page 9 for Extraordinary Assumptions, and Page 15 for scope of research and analysis for this appraisal, including property identification, inspection, highest and best use analysis and valuation methodology. Acceptance of this report constitutes an agreement with these conditions and assumptions. We certify that we have no present or contemplated future interest in the property beyond this estimate of value. The appraiser has not performed any prior services regarding the subject within the previous three years of the effective date of this appraisal. The intended users of this report is Indian River County, clo Ms. Wendy Swindell, Assistant j' Director, Parks and Conservation, and is intended only for use by them in estimating the market value of the subject property. Parties who receive a copy of this report do not become a party to the appraiser -client relationship and do not become intended users of this report unless the parties were specifically identified. as such at the time of the engagement for services. We believe you will find this report to be self-explanatory; however, you are invited to contact us should you have any questions or require further information relative to this matter. We thank you for the opportunity to provide our professional services. Respectfully submitted, Tuttle-Armfield-Wagner Appraisal & Research, Inc. 04 Liz - Matthew 1N. Jft, Jason .._,r Malick Cert Gen RZ2s+D6 Trainee, RI25 TAMA40CWIT Summary of Important Facts and r :.............,. 5 LimitingConditions and Assumptions . ,.:.:.,...•....,•,•,•.:•........::.:...u.•i..,r,+.s...ia1.::.•:. .,;: 6 ExtraordinaryAssumptions.,-4,......'..... _.......... ..;.. �,.,....,........ .y......................... ,..:,.r 9 Identification of Subject a..r. •a..•.:••.i,.....a.... .. •..... • ...... .:......•......... A0 Purpose of the Appraisal...................;•. ;,................... .......a.•.,r....a.s,..... •a 10 Client......................... .... ..:.... ,. , .... ...........,....f . ...:.,.,10 Intended Use and User of Appraisal............ .i... ....>..i..........,..,:v.:+,z.:�:•.i...a.,.•a.: 10 Owner of Record and Sales History.. .•I...• .......;.. ,., ..,.r..,..... •.. ..•...... i...........11 Existing Leases, Rentals or Use Agreemeiits .a.:,...•....•..... ..• . .,.,•,•.. .11 Legal Description.............. ................»r..»....,,...........♦i+•,,.»......,,,...,.,,.,....•...,,1 Scopeof Work ................... •„•... • .. ...+..., ...,<,• .,•••....,•:+• 15 Loc4onMaps .,•• ••••• ••,••.•....•• . a••.a•i,w . ......e.••..•::,....... ...i•+..a..•,•,rr..•:.u., 17 Neighborhood Analysis .................. ...i..:.:.•,,.:.i�............ ..aa.....s;a.....»a........ .,....:u 19 Zoning..... ...:............................:+..., ....... ..:. ..+.••+ , ......., ..<... .................... 33 Zoning Map...,.:.. .............................. ,,...,....,......................... P.*....... ............ -. 34 Future Land Use Map... .................. . ..,, ............ .,..•:•.. ............. .......:.... 34 Assessment and Taxes ................... ........................... . . 3S Property Description..... r a:»,.,.:x ... ........ « ........................ i,..... s............. 36 Wetland Map —........................ .:........ .�. 37� ..... ....... , ...... r... : Highest and Best Use............................... ......:.:......................... 43 Valuation Methodology .",,......0... ...... .....,. ,.... ........... ..�................. 47 Sales Comparison Approach —Land .•.......... 48 LandComparables. ..........................a..•........•........_.a........ AnalysisGrid .......................... ............. ..........., ...........i.•................ 55. Sales Comparison Approach Conclusion:. , ............... ................................ 57 Sales Comparison Approach —Land Valuation..,.., ,..,.:,,, +•........ .a......+, 58 LandComparables .... .......... ...:...... .,. . ...... AnalysisGrid ...... ii .......... ..... .. ..:a,..........•..»:,.:... i............. .a.•,.:»:................ 64 Sales Comparison Approach Condusi n........... a......... ....... .............:.. . .......... 66 Final�/y�Reconciliation ,............•................::................+ , .,,...,...,..,.. : 67x� Certification.........................,....... . •• ♦i•••+.fr•+1•i...................Y•„i?............. 68 Addenda................................ ......,..,.i•.:.•..•.,...,.,,.......,•,......,a....,,..,.........:...............a 69 Definitions.,.......... ............ ...:.a.::..r....a:..,..+aai..:..u. ............ :70 Professional Qualifications...................,.a ........... ..;... ....... : 73 � l 1 ti t r 1Facts and CtT,% Tax ID Gross Land Report Daae Usable Land 4ra5 inspection Date _ 6/9/2015:: As Is Date of Vale 0/2025 i Property Name. 2.6694 I Vw�Wa 13 73rd Street Property Major Land Address : _ 3005 73rd Street citY.. Average Vero Beach CodyInfim 12.00 Rwiar State FL - Zip Totals 32967 Tax ID Gross Land 323 Usable Land Usable Land job Owwr Tru lsnd SF Area (Acres) Area (Sq Ft) Acres 36.! 24.99 _ TIS. Zomig Type Average Sm! 32390200000500000001.0 I Sidle-Fathily Residential District,(up to 3 wb/acre);M-.l e -Family Residential District (up to 1 unit(acre) ml W Gross Land Gross Land Usable Land Usable Land View Access Area (Acres) Area (Sq Ft) Area (Acres) Area (Sq Ft) 32390300000003000001.0 24.99 1,088,564 1`1x,54 764,042 Average Far 32390200000500000001.0 12.00 522,720 Average Poor .r -_ Totals 36.99 1,61.1,2$4 9.9a 764Q42 Average Average the parcel has approximately 19.45 agrees or 53% wetlands as indicated on the U.S. Fish and Wildlife National Wetlands ,Inventory Maps. It is unlikely development would occur in this area due to development restrictions and a future land use of C-2 Conservation, allowing 1 unit per 40 acres. There are 17.54 acres of identified uplands zoned RS -3 Single Family Residential District (up to 3 units per acne). This area appears that it could support future development. Premise Interest Appraised Effective Date Value Conclusion Current As Is Market Vahtie Fee Simple 6/9/2025 $1,455,000 Tuttle-Armfield-Wagner Appraisal & Research, Inc. 1233`. Limiting editions andAssumptions 1. Acceptance of and/or use of No report constitutes acceptance of the following limiting conditions and assumptions; these can only be modified by written documents executed by both parties. 2. The values given in this appraisal report represent the opinion of the signers as to the values as of the dates specified herein. Values of real estate are affected by an enormous variety of forces and eons which will vary with future conditions, sometimes sharply within a short time. Responsible ownership: and competent management are assumed. 3. This appraisal report covers the premises herein described only. Neither the figures herein nor any analysis thereof,, nor any unit values derived therefromm are to be construed as applicable to any other property, however similar the same may be. 4. It is assumed that the title to said premises is good; that the legal description of the premises is correct; that the improvements are entirely and correctly located on the property; but no investigation or survey has been made, unless so stated. 5. The value given in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless so stated. 6. Information as to the description of the premises, restrictions, improvements and income features of the property involved in this ;report is as has been submitted by the applicant for this appraisal or has been obtained by the signer hereto. All such information is considered to be correct; however, no responsibility is assumed as to the correctness thereof unless so stated in the report. 7. Possession of any copy of this report does not carry with it the right of publication, nor may it be used, or relied upon, for any purpose by anyone other than the client without prior written authorization of the client and identified as such herein, and in any event, only in its entirety. Parties who receive a copy of this report as a consequence of disclosure requirements applicable to our client do not become a party to the appraiser -client relationship and do not become intended users of this report unless the parties were specifically identified as such by our client at the time of engagement for services. 8. Neither all nor part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent of the author; particularly as to the valuation conclusions, the identity of the appraiser :or the firm with which he is connected, or any reference to the Appraisal Institute, or to the SRA or MAI designations. 9. The appraiser herein, by reason of this report is not required to give testimony in court or attend hearings, with reference to the property herein appraised, unless arrangements have been previously, made therefore. 14. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the delivery of this report duly executed. Tuttle-Armfield-Wagner Appraisal & Research, Inc. 11. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and zoning laws unless noncompliance is stated, defined and considered in the appraisal report. Necessary licenses, permits, consents, legislative or administrative authority from any local, state or Federal government or private entity are assumed to be in place or reasonably obtainable. 12. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. The appraiser does not consider mineral rights. 13. All data relating to land sales, improved property sales, and comparable rentals used in this report are considered to be proprietary; that is, owned by Tuttle-Armfield- Wagner. It is provided to the client for use within this report only. Any other use or distribution of this data without the prior written consent of Tuttle-Armfield-Wagner is specifically prohibited. 14. An environmental assessment was not provided for use in this assignment. No evidence of contamination was observed during our inspection, nor did we note the presence of commonly known toxic chemicals/hazardous materials. Nonetheless, we are not qualified to inspect/evaluate a site for potential hazards or contamination. Therefore, lacking contrary information, we assume that no contamination or environmental hazards exist that would adversely affect the subject utility and/or Cmarket value. Accordingly, the market value estimate contained herein is based on the accuracy of this assumption (subject to verification via a current environmental assessment as conducted by a duly qualified environmental scientist or engineer). 15. There are no proposed judgments or pending or threatened litigation that could affect the value of the property. 16. If the property is subject to one or more leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate. 17. No consideration has been given to personal property located on the premises or to the cost of moving or relocating such personal property; only the real property has been considered. 18. The current purchasing power of the dollar is the basis for the value stated in our appraisal; we have assumed that no extreme fluctuations in economic cycles will occur. 19. The value found herein is subject to these and to any other assumptions or conditions set forth in the body of this report but which may have been omitted from this list of Assumptions and Limiting Conditions. Tuttle-Annfield-Wagner Appraisal & Research, Inc. 20. Information, estimates and opinions are verified where possible, but cannot be guaranteed. Maps and plans provided are intended to assist the client in visualizing the property; no other use of these plans is intended or permitted. 21. Unless stated herein, the property is assumed to be outside of areas where flood hazard insurance is mandatory. Maps used by public and private agencies to determine these areas are limited with respect to accuracy. Due diligence has been exercised in interpreting these maps, but no responsibility is assumed for misinterpretation. 22. It is assumed there are no encroachments, easements or other restrictions which would affect the subject property, unless otherwise stated. 23. This appraisal is to be used only for the purpose stated herein. While distribution of this appraisal in its entirety is at the discretion of the client, individual sections shall not be distributed; this report is intended to be used in whole and not in part. 24. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific survey or analysis of this property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. In as much as compliance matches each owner's financial ability with the cost to cure the non -conforming physical characteristics of a property, we cannot comment on compliance to ADA. Given that compliance can change with each owner's financial ability to cure non -accessibility, the value of the subject does not consider possible non-compliance. Specific study of both the owner's financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance. Tuttle-Armfield-Wagner Appraisal & Research, Inc. Extraordinary Assumptions An assumption is a statement or condition which is presumed or assumed to be true and from which a conclusion can be drawn. An extraordinary assumption is an assumption which if found to be false could alter the resulting opinion or conclusion. We note that the use of the following Extraordinary Assumptions might have an effect on assignment results if later found out to be untrue or faulty. US Fish & Wildlife National Wetland Inventory Maps indicate the presence of 19.45 acres (52.6% of the parcel) of wetlands. We were not provided with any documentation by ownership regarding wetlands delineation and are not qualified to determine exactly how much of the site is wetlands and of what quality and type. However, we assume the information provided by the National Wetlands Inventory Map is accurate that the site, in its entirety, is considered wetlands. A current professional tide search was not available for our use in this assignment. Therefore, we assume that no easements, encroachments, or deed restrictions exist which would adversely affect the subject utility and hence market value, other than as described herein. The parcel has approximately 19.45 acres or 53% wetlands as indicated on the U.S. Fish and Wildlife National Wetlands Inventory Maps. It is unlikely development would occur in this area due to development restrictions and a fimue land use of C-2 Conservation, allowing 1 unit per 40 acres. We assume that due to the future land use, this area would not contribute significantly to total allowable density over the entire combined tract. Tuttle-Armfield-Wagner Appraisal & Research, Inc. 12379 Identification of Subject The subject consists of two adjacent parcels with a total of 36999-Aeres with frontage along 73rd Street in Vero Beach. The parcel has app`oximately 19.45 acres or 530/9 wetlands as indicated on the U.S. Fish and Wildlife National Wetlands Inventory Maps. It is unlikely development would occur in this area due to development restrictions and a future land use of C-2 Conservation, allowing 1 unit per 40 acres. There are 17.54 acres of identified uplands zoned RS -3 Single Family Residential District (up to 3 units per acre). This area appears that it could support future development. The property is not listed for sale nor under contract for purchase. The property is further identified as Indian River County Property Appraiser Parcel ID 32390300000003000001.0 and 32390200000500000001.0 with Tax Account ID 42237 and 42226. Purpose of the Appraisal At the request of the client, the purpose of this appraisal is to estimate the Current `As Is' Market Value of the subject property's Fee Simple estate effective June 9, 2025. The "Market Value" and "Fee Simple" interests are defined in the Addendum. Client This appraisal report has been prepared for Indian River County c% Ms. Wendy Swindell, Assistant Director, Parks and Conservation, located at 1509 91h Street SW, Vero Beach, FL 32962. Intended Use and User of AppWsal Intended user of the report is specifically identified as the client. Parties who receive a copy of this report do not become a party to the appraiser -client relationship and do not become untended users of this report unless the parties were specifically identified as such at the time of the engagement for services. Tuttle-Armfield-Wagner Appraisal & Research, Inc. Intended user of the report is specifically identified as the client: Partied who receive a copy of this report do not become a party to the appraiser -client relationship and do not become intended users of this report unless the parties were specifically identified as such at the time of the engagement for services. The client will rely upon this appraisal for internal use, including but not limited to, rendering a decision relative to purchase of all or a portion of the property rights of the subject property. This 'report is not intended for any other use or user. No one other than the named client or any other party not identified as an intended user should use or rely on this appraisal for any purpose. Such parties are advised to obtain an :appraisal from an appraiser of their own choosing if they require an appraisal for their own use. Owner of Record and Sales History The Indian River County Property Appraiser's Record Card indicates current ownership is listed as John M. Luther, as Trustee of The William int. Luther Irrevocable Trust dated July 13, 2004. The parcel has been under this ownership for an unrecorded amount of time per the Indian River County Property Appraiser Office & Reeoxds. The only recorded warranty deed occurred on July 30, 2004 as recorded in OR Book 1765, Page 1699 when the property transferred from 'William M. Luther to the John M. Luther, as Trustee of the William M. Luther Irrevocable Trust Dated July 13, 2004. The subject is not listed for sale nor under contract for purchase. Based on Information obtained from the client, various recognized published data sources and / or the county assessor's records,. the subject property ownership history has no prior sales in the last three years. This information was verified with the Indian liver County Property Appraiser records, We assume this information is accurate as described by ownership and public records, however, if fitrther verification is required, we strongly suggest it be obtained via a current title search. Existing Lamm, Rentals eerAfte Agreements The subject parcel is a vacant land parcel. There are no leases or use agreements in place. Tuttle-A,rmfield-Wager Appraisal & Research, Inc. 12391 Legal Dep%n The following Legal Description was obtained As Indian River County and Clerk of Circuit Court Indian River County. We assume itis correct but.strongly advise a current title policy be obtained if further verification is necessary, Address: No Assigned. Address (950 Street), Vero Beach, Indian River County, FL 32967 Parcel TDs 32390300000003400001.0 and 2390200000500000001.0 V!mma no, Lt WO WOO --- . 01" WWWWiO' S It 06061va a, Parma W. as OW �to U4 - 49Aanrw > mfr, ss409 Boundary Map J Tuttle-Amifield-Wagner Appraisal & Research, Inc. Wetlands (Water & Air Research, IM.. - &vIl limental Study 202) Tuttle-Armfield-Wagner Appraisal & Research. Inc. 12413 Aerial The aerial depictions are from the Indian River County Property Appraiser records wd Google Earth. The property boundaries are not exact. They arefor illustrative purposes,o+: Tuttle-Armfield-Wagner Appraisal & Research, Inc. Scope of Work According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser's responsibility to develop and report a scope of work that results in credible results that are appropriate for the appraisal problem and intended user. Therefore, the appraiser must identify and consider: • the client and intended users of the report as well as the intended use; • assignment conditions; • typical client expectations; and • typical appraisal work by peers for similar assignments. Proble m The purpose ofthe appraisal is to estimate the Current Market Value ofthe Fee Simple rrterest ofthe subject property on an'As Is' basis. Intended Use The client will rely upon this appraisal for internal use, including but not limited to, rendering a decision relative to purchase of all or a portion of the property rights of the subject property. Intended User(s) Intended user of the report is specifically identified as the client. Parties who receive a copy of this report do not become a party to the appraiser -client relationship and do not become intended users of this report unless the parties were specifically identified as such at the time of the engagement for services. Appraisal Report Based on the intended users understanding ofthe subject's physical, economic and legal characteristics, and the intended use of this appraisal, an appraisal report format was used. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2(a). It presents a discussion ofthe data, reasoning, and analyses that were used in the appraisal process to develop the opinion of value. Additional supporting documentation concerning the data, reasoning, and analyses is retained in our file. Cost Approach The subject is vacant land and this method does not accurately reflect market participant actions. Sales Comparison Approach x There is adequate data to develop a value estimate and this approach reflects market behavior for this property type. Income Approach The subject is vacant land and this method does not accurately reflect market participant actions. Property Identification The subject has been identified by the assessors' parcel number, legal description, and address. Is this a 'Land Only' appraisal? YeS. Inspection An inspection of the subject property has been made, with photographs. Zoning A review of zoning and applicable land use controls has been made. Market Analysis The subject marketing area and surrounding neighborhoods within the county were examined in order to determine factors that significantly affect the subject property. Local land use policies, community support facilities, traffic patterns, demographics, and development trends were considered. A summary of the most pertinent details is presented. Highest and Best UseAna sis An "As Vacant" and "As Improved" H&BU analysis for the subject has been made. Physically possible, legally permissible and financially feasible uses were considered, and the most reasonably probable and maximally productive use was concluded. Information Sources The appraiser maintains a comprehensive database for this market area and has reviewed the market for sales, rentals and listings relevant to this analysis. In addition, market data acquired in the course of previous appraisal work is retained in the appraiser's work files. Other sources include, but are not Whited to the following: Multiple Listing Services, public records, interviews with brokers, buyers, and sellers, appraisal files, published articles and surveys. Information pertaining to this data was verified by one or more parties involved with, or having reliable knowledge of each individual transaction when possible. Information Not Available We had sufficient information to conclude a reliable value conclusion Comments The employed methods and level of analysis provides a credible value conclusion for the subject property. Competency Comment The person(s) signing this report are licensed to appraise real property in the state the subjects located. They affirm they have the experience, knowledge, and education to value this type property. They have previously appraised similar real estate. Appraisal & Research, r Appraisal & Research, Inc. 11 i I ,: I 7-10 w Oft t TM3a-' d� 4 M ♦p k z r a ,a l x i I ,: I 7-10 w Oft t TM3a-' d� 4 i I ,: I 7-10 w Oft t TM3a-' Neighborhood Analysis Location and General Data The property is in the central portion of Indian River {County. Indian River County is located on the coast of east. -central Florida. Indian River County is about a 1.5 hour's. drive south of the Kennedy Space Center and 1-1/2 hours due southeast of Disney World. It is just south of the midpoint between Miami and Jacksonville. Indian River County is one of the top 100 wealthiest counties in the country. Indian River County has five incorporated municipalities and ten census -designated unincorporated neighborhoods. The 2020 Bureau of Economic and Business Research of the University of Florida estimated that approximately 95% of the population resides in unincorporated districts. This is followed 16% in Sebastian (the most populous city) and 11% in Vero Beach, with the balance in Fellsmere, Indian River Shores, and Orchid. Because of its location: Sebastian, Vero Beach, and unincorporated area market influences affect the subject property. There are five municipal jurisdictions within the County: Fellsmere, Sebastian, Vero Beach, Indian Diver Shores, and Orchid. The eastern third of the County lim between the Atlantic Ocean to the east and Interstate I-95 10 the west. The western two-thirds of the County is primarily agricultural or conservation land. The Urban Service Area (where municipal utilities are available) is generally east of I-95 except for the city of Fellsmere, which is mostly west of 1-95. In Indian River County, the historic pace of development has been ,moderate, slightly above Florida's growth rate but slightly below the average growth rate in the Treasure Coast Region. The subject is located northeast of Wabasso Causeway bridge that connects the mainland to the barrier islands to the east and form the subject's southern neighborhood boundary. North of the subject is the city of Sebastian and the Sebastian River that forms the border between Indian River and Brevard Counties. To the east the neighborhood extends to the Indian River. To the west the neighborhood is bounded by Interstate 95. The subject's immediate area is mostly residential development. While much of the population. for Indian River County is concentrated along the Iran River, the county's western portion is heavily influenced by agricultural land. As a result, there is a noticeable transition of housing and population density extending from east to west. To the east of I-95, there is a high agricultural and residential land concentration with small pockets of industrial zoned land. The subject lies within one of these small pockets. The majority of industrial land in this area is: primarily owned by Indian. River County Solid Waste Disposal and the Indian River Industrial Eco -District Campus. Oslo mark, Light Industrial District, is another small industrial area just outside the neighborhood boundary to the south. This industrial district is fully developed. Overall, the subject's immediate area is dominated by agricultural residential land uses with few available areas that permit industrial development. The Indian River County Landfill, is another industrial area, and is dependent upon special district status known as the Indian River County Solid Waste Disposal District (S.W.D.D.). This landfill is a Class I landfill that operates as a co-disposal of municipal solid waste, construction & demolition debris, recyclable materials, and household hazardous material. Republic Services contractually operates and maintains the landfill. To the west of I-95, agricultural land and two large conservation areas dominate land use. The Blue Cypress Conservation Area is a 61,000-acre conservation area located north of S.R. 60. Fort Drum Marsh Conservation Area is south of S.R. 60 and has nearly 21,000 acres. These conservation areas are part of the Upper St. Johns River Basin Project implemented by the district and the U.S. Army Corps of Engineers. Also, to the west of I-95 there is a 955-acre solar panel farm. This ground-mounted solar farm project, known as Pelican Solar Energy Center, was constructed and is managed by FPL. FPL is an electric company that generates, transmits, distributes, and sells electricity to Indian River County and other surrounding counties. The construction of this solar farm started in 2020 and entered into commercial operation in March 2021. The project cost $110,761,000 to construct and supplies enough energy to power 15,000 households Commercial Development The closest build-up of shopping facilities is northwest of the subject at the intersection of Barber St. and US Highway 1. This is a modest commercial area anchored by Publix, Walgreens, Truist Bank, and Bamboo Court Chinese Restaurant. The majority of commercial improvements are located along USI and include various shopping plazas, strip centers, office buildings, banking facilities, restaurants, and numerous other commercial properties. Current neighborhood uses consist primarily of multi and single -family development. There are commercial and retail sectors across the more general landscape with a few offices and industrial business parks. At the northwest corner of Barber Street, is the Indian River Shopping Plaza. Publix is the primary anchor store, with a Truist Bank occupying an outparcel. Additionally, there is a Walgreens located on the southwest corner. This location is within three miles of the subject property. nc. At the intersection of S. Highway 1 and 9th Street SW. There is a heavy concentration of national car dealerships such as Nissan, Kia, and Jeep/Dodge. Also located at this intersection is South Vero Square, a 147,417 square foot neighborhood retail center anchored by a Publix grocery store and includes several major fast-food chains on out parcels, such as Wendy's and McDonald's. Along S.R. 60, west of 58th Avenue is the Indian River Mall, a larger regional mall. There are four anchor stares and two smaller shopping centers. This location is within six miles of the subject property. The mall was completed in late IM. A 24 scmen AMC theater has since been added. Anchor stores include JC Penny's, Di lard's, and Macy's., Target and Lowe's anchor the two adjoining shopping centers. Ryanwood Shopping Center is at the northeast corner of State Road 60 and 58th Avenue. This shopping center contains a Publix grocery store and Books a Million, as major tenants, along with Bank of America and Burger Ding on out parcels. Development at the comer of State Road 60 and 58"' Avenue includes a Walgreens, a Sam's Club, and a Walmart Superstore. The southwest corner of this intersection includes Home Depot and a CVS Drugs, McDonalds, and Ruby Tuesday on out -parcels. A new Chipotle Grill was constructed in 2013 adjacent to McDonald's. Indian River Community College and Indian River Charter High School are located southwest of Home Depot. Appraisal & Research, Inc. Institutional and Recreational Development The defined area also includes a number of public and private support facilities. Public and private schools are also represented in the defined area. The Indian River State College campus is situated south of S.R. 60, and west of 58th Avenue on College Lane. Indian River State College offers undergraduate and post -graduate programs in a variety of subjects. Pelican Island Elementary School is located just north of the subject along Schumann Drive. Additionally, three additional large public schools (Treasure Coast Elementary School, Sebastian River Middle School and Sebastian River High School) are located west of the subject. Recreation facilities located within close proximity to the subject include the West Wabasso Park (County owned) and Johns Island Club West Golf Course (privately owned). Additionally, RedStick Golf Club, is located southeast of the subject. In addition to the larger recreational facilities, several commercial recreational facilities are located in the area, including the Safari Golf and Games on 9th Street SW and Skate Factory on 27th Avenue SW. We conclude the subject market area is well served by public and private institutional and recreational facilities. The Vero Beach Municipal Airport, and related airport development, is located within ten miles of the subject to the south The airport was a naval air base in World War II. After the war, the base was turned over to the City of Vero Beach. In recent years it has been considerably upgraded with an FAA air traffic control tower, three runways, airfield lighting, and other amenities. Piper Aircraft is headquartered at Vero Beach for their research and development center, which was also built on part of the grounds of the former naval air station. Piper has not recently released its employment figures, although recent figures showed the company employing more than 1,000 at its Vero Beach facility. The Vero Beach Municipal Airport building was recently renovated and expanded at the cost of approximately $6.5 million. About 65 percent of the cost, or $4.2 million, was provided by state grants. The remainder came from money raised at the airport that goes into a special airport fund. No locally derived property tax money was used. The Vero Beach Regional Airport building expansion was from 11,000 square feet to more than 22,000 square feet and includes six offices (with one able to be subdivided) ranging from 300 to 1,200 square feet plus open areas that can be used for car rental or charter air services. New landscaping and an exterior memorial courtyard detailing the airport's history, including a plaque listing people who died during training at the former World War II Naval Air Station, were completed. A lobby area has televisions and wireless internet connection for people waiting for planes or viewing airplanes coming and going. C.J. Cannon's restaurant within the terminal building expanded from 3,878 to 7,475 square feet, including a new banquet facility and Internet cafe area outside the main restaurant. Tuttle-Armfield-Waa ner In addition to being a center for aviation, Vero Beach Municipal Airport is a center for commercial and industrial development and is home to over 100 non -aviation businesses. Medical Development The subject is located approximately 9 miles north of the Cleveland Clinic Indian River Hospital, a 332 -bed, not-for-profit hospital offering comprehensive medical services to the Treasure Coast community. The Welsh Heart Center, Scully -Welsh Cancer Center, and Scully Endoscopy Center offer full-service programs and a multidisciplinary approach. Healthcare professionals represent specialties including orthopedic services, minimally invasive vascular surgery, neurosurgery, stroke services, robotic surgery, a state-of-the-art wound healing center, bariatric surgery, and the only maternity wing in the community. The hospital features all private rooms and is the largest private -sector employer in Indian River County. In Sebastian, north of the subject, the Sebastian River Medical Center is located in the Roseland area. This privately -owned hospital serves northern Indian River County and southern Brevard County. The Sebastian River Medical Center is the primary care provider for the northern Indian River County area and has become a powerful magnet for neighborhood medical office/services growth. In addition, the hospital underwent a $25 million expansion that included a new three-story tower. The first floor has a 16 -bed intensive care unit, while the second and third floors feature 42 additional private patient suites. However, after this expansion, they have embarked on an even more extensive $65 million expansion set to provide another 48 private patient rooms. The 90,000square-foot Cexpansion was announced in January 2016 by former owner Community Health Systems Inc. and was expected to be completed in 2018. But the acquisition of Sebastian River Medical Center by Steward in May 2017 changed the construction timeline. The most recent expansion was completed in June of 2020. Recently, The 2022 report of Best -Performing cities was released. Sebastian -Vero Beach had been ranked in the top 10 out of 201 US metros, rising from #9 in 2020 to #8 in 2021. However, the 2022 report saw a slight slide down 11 places to being ranked in the top 20 at #19. These top-ranking small cities see driving growth from retiree communities, tourism, medical services, and construction sectors. Sebastian -Vero beaches are tourist destinations and a hub for medical services. These two sectors are the key factors in driving growth, with manufacturing being a core economic driver. ner Below, is the top 10 highlight from the Milken Institute Report: mit)" 1--:. 6400i4$ LAX 45th Wive growth (2014.19) 20th Wage growth 0018-19) MIS 19th S}Wrf-term iobgmwth(f0/2029-1012020) ' 40th ffigh-tech GDP growth {2014-k8! am 35th Hqh- tech GDPgrowth (W$040) 7.8% 42nd NW,techGOPcangeaM a*4WVJ %L-gA2 50th Mstibarolfibfeied►itdr lesf?Di41 2 74th Households with broadband access (2019) WS 108th Hoadaids with affordable housing costs (2014 -lei VOAS 136th HousakI ds With atfordabie houwq costs (20 9) IM 122nd �gi etiists two high-tech specializations- with two at lidatIi 61111011119 industries. * YTiemehels consirmptlowspendingleased industries are prttlicWarty exposed to COVIO-19's economic impac is. MEMO CR fit Rising one rank on the wings of the aerie industry, Sebastian, Rorfds, finishes eighth in the 2021 rankings. As in previous years, wages have consistently grown, ranking 19th in our one-year -And 20th in our five-year indicators. Optoyme * *MwOt remains steady—int.resti8fU 19 (45th) and 13.8 {166i)—driven by growth in health are pralwAimd . And business services, and construction jd*r The metro's industrial mix largely treflectsib Qrfltlelbility as a primes , 111101111 11.11 U1 The median age ultl st ripared to $8.5 yearsoldaiso draws some 900,000 visito/#trferating roughly 1,000 local jobs and > business Jevenues"The larget tttttristploWations we a boon for local business ailIt However, given pandemic-relaw*00 tR1100i s, 111 COVIO.19's dispjO$W***-*tate a OtBMlthe elderly, these twin factors will complicate economic recovery. Apart from the service sector and consumption work. the regional economy also includes two high- tech specializations (74th): commercial and service industry machinery manufacturing (LQ of 1.74) and aerospace parts manufacturing to;3.5). As such, the city ranks in the top Warte!` '4000 Cities for high-tech concentratkaffiftftook development activity should empbwl liptAr . for budding adjacent industries witkt1{, for instppplb (LQ of$i1MNc laboratories (LQ of Oft. According to an article published by Sebastian Daily on May 7, 2019, Sebastian ranked second, just under Naples, Florida, for booming southern economies. Below is an excerpt from the article of the top 5: "Sebastian was ranked number 2 on the list of suutimm cities where business is booming, and salaries are rising, according to CNBC. To rank the top "boomtowns," or cities that meet the criteria, the study looked at five-year data on papulation, housing, GDP and per capita income from the U.S. Census Bureau's 2017 American Community and the Bureau of Economic Analysis. mfield-Wagner Appraisal & The Top 9 Southern Cities: C1. Naples, Florida Personal income growth, 2012 to 2017: 22.8% Population growth, 2012 to 2017: 6.8% GDP increase, 2012 to 2017: 34% 2. Sebastian, Florida Personal income growth, 2012 to 2017: 20.9% Population growth, 2012 to 2017: 9.3% GDP increase, 2012 to 2017: 23.5% 3. Fayetteville, Arkansas Personal income growth, 2012 to 2017: 23.4% Population growth, 2012 to 2017: 10.4% GDP increase, 2012 to 2017: 37.6% 4. Raleigh, North Carolina Personal income growth, 2012 to 2017: 15% Population growth, 2012 to 2017: 11% GDP increase, 2012 to 2017: 33% 5. Miami, Florida Personal income growth, 2012 to 2017: 17.7% Population growth, 2012 to 2017: 10.2% GDP increase, 2012 to 2017: 29.4%... The report says the Top 9 cities are good alternatives for people who want to avoid notoriously expensive cities, such as New York or San Francisco, because they "offer incentives, such as a more affordable cost -of -living or a higher paycheck -- or both," GOBankingRates reports. Nationally, Sebastian ranks number 3 on the list. Sebastian ranks in the top 10 for the highest percentage increase in population, with a five-year population change of 2,042. It also ranks in the top 10 for the highest percentage increase in income due to its five-year wage increase of $12,647". Appraisal & Neighborhood Residential Development Residential development within the area had experienced a steady growth rate. Demand for this area had historically been for retirement housing along the Indian River Lagoon and US One with a family housing orientation in the areas west of US One. Pelican Point, River Run and Reflections on the River are three riverfront condo projects developed in the late 1980's to early 1990's. Two newer riverfront condo projects were completed in 2007. These projects are located on the west side of Indian River Drive in the north portion of the neighborhood. The northern most project is located about 1/4 mile south of Roseland Road and is known as The Inlet at Sebastian. Farther south, about 1/4 mile south of Davis Street, Sebastian Riverfront Condo Resort has been developed. Much like the rest of the Florida market, Sebastian/north Indian River County has strengthened over the last few years; the most dominate current interest in residential housing is for single family home development in platted subdivisions. Graves Brothers Companies, a citrus grower located in the unincorporated area of Indian River County, had requested voluntary annexation of 1,110 -acres on County Road 510, a plan that eventually could bring more than 3,500 more homes to Sebastian. However, due to a judge's rejection of the annexation, the ruling would need to be appealed. The panel of judges ruled the annexation null and void due to improper notification. Statistics developed by the REALTORS® Association of Indian River County through its Multiple Listing Service and in conjunction with Florida REALTORS® reflect the following for Historic Sales Price Trend through February 2025 in Indian River County. As illustrated in the following chart, the median sale price has increased overall from 2019 through 2023. Indian River Cotxtty H*Wf ng Mar 17Vends %1Wk6*1WIW4ewAet"alntidwsmWcomfy~ p)iebnthrY20i5 kvtTrtilknfYCauntyuaneprkes t!WIA CdYq>mEOlOtis!Ye8> !,ItIce 0mediA"Wlseot OOKD(tuti*!dgR:tm*9aih)&)nRNrr tatntyft *rWjos ivsMt4nvMeeewfx WY do^WYmThw4vwra2 tufi..svitah'+Fi:'�u 0*sYdat{idrom76?hstfom. MWne5iM 14WC �e1 N.:Yve� ec*'i t!u2s?����tni2irMl $404.000 xrr- ios ullomeryres � lyea 3Ye� Syaas Indian River County Residential Market Activity A quick recap of the Sebastian -Vero Beach Residential Report for April 2025: • 40 DOLLAR VOLOME i MEDIAN SALE PRICE 90 $386190 ,a Niwosns AMVE INVENTORY 1,294 NEW PENDING SALES While still undoubtedly a sellers' market, this data suggests a softening of the residential real estate market. This change is likely due to macroeconomic headwinds related to near -record -high inflation rates, increases in borrowing costs, and looming fears of recession. Though the real estate market on a national level has clearly shifted, it is still unclear what impact softening macroeconomic indicators will have on the MSA, given the high levels of immigration that continues to bolster local demand for residential real estate. Appraiser's Note: Directly adjacent and east/south of the subject, GHO Hommock Shores is under site plan approval for the development of a 103-101, single family subdivision. The total combined acreage of the site consist of 60.08 -acres. Inc. Traffic Count Map A traffic count map is illustrated below. In the subject's immediate area, traffic along the western boundary of the subject property. along U.S. Highway 1 in the immediate area has traffic levels tracked at 24,500 vehicles per day. 53rd Avenue does not have traffic tracked as this is a rural residential roadway. Access and Linkages U.S. Highway One is a north/south connector dud extends throughout Indian River and Indian River Counties, generally running parallel to the western shoreline of the Indian River. U.S. One is the primary connector between Vero Beach and retail/employment centers to the °south and to the north to the cities of Palm Bay and Melbourne. Interstate 95 (I-95) is the main highway on the East Coast of the United States, paralleling the Atlantic Ocean from Maine to Florida. It is the longest north -south Interstate highway, and it passes through more states - fifteen - than any other Interstate. In Indian River County, there are two interchanges; C.R. 512 and S.R. 60 in Vero Beach. The State Road 60 corridor (20th Street) is located south of the subject property. This road .predominantly characterizes an office corridor between downtown and 43rd: Avenue, although the uses shift to becoming characterized by major retail beyond 45rd Avenue to the west. This corridor has experienced good real estate activity over the past two years, including multiple vacant land purchases, multiple improved property purchases, and renovation projects. U.S. One, through the Cities of Sebastian, Roseland, and Vero Beach, has been upgraded with new turning lanes, landscaped medians, and a bike path. While the road was not widened, the project improved storm water drainage and traffic flow. Traffic signals are located at major intersections. Tuttle er Appraisal & Research, c C Access to the subject neighborhood is via 95th St., which intersects with US Highway 1 approximately '/4 mile to the west. 95th Street is an east -west residential road that connects and terminates at S. Highway 1 to the west. Interstate 95 access requires travel to S.R. 512 to the north or S.R. 60 to the south. The relative centralization of the subject with respect to Interstate 95 points of access results in Below Average marks for Interstate Accessibility. The subject has frontage along its eastern boundary with 53' Avenue, a county - maintained roadway, however, the paved portion terminates near the southeastern corner of the property. A survey of the property was requested, but not provided. For site information we used the information on the IRCPAO record card. It indicates that the subject does not have direct frontage 95h Street nor 53rd Ave. as it appears there are areas of wetlands and culverts on the northern and eastern elevations. We assume this information is accurate. Inc. Demographics For demographic data, we have included a detailed analysis of the neighborhood provided by ESRI, the endorsed GIS fine utilized by both the Appraisal Institute and CCIM members. This data incorporates information reported by U.S. Bureau of the Census, 2000 Census of Population and Housing. ESRI then makes credible forecasts for 2020 and 2025. ESRI converted 1990 Census data into 2000 geography. Due to the geographical factors presented by the Indian River Lagoon, the most appropriate study areas are 5, 10, and 15 -minute drive times. Population and income information for the five, ten and fifteen -minute drive times are shown on the following tables. All three study areas have slight increases forecast for population levels. The fifteen -minute drive time area has the greatest income levels. P„ttn.,!=yr (Site to Do Business 5, 10, and 15 -minute drive -time) , Inc. 15+�e adi � uttle-Armfield-Wagner Appraisal & Research, Inc. Summary and Conclusion The subject is located in Sebastian and is served by the major artery of U.S. Highway 1. The defined area is approximately 50% developed and appears to be stable regarding the single-family residential development. There are no adverse neighborhood conditions known to exist (nor were any observed) that would preclude or severely limit the subject's utilization according to its highest and best use as estimated herein. In comparison to other areas in the region, the market area is rated as follows: MARKET AREA ATTRIBUTE RATINGS Highway Access Average Demand Generators Average Convenience to other supporting land uses Average Convenience to Public Transportation Employment Stability Police and Fire Protection General Appearance of Properties Appeal to Market PricesNalue Trend T ner Appraisal & Research, Inc. Below Average Average Average Average Average Stable for Commercial Stable for Residential Stable for Industrial c 3w are net intended to represent all applicable aspects of the ordinance. They do provide the reader with ;al parameters. Inaft RherCounty oulaty Reaidi�iiat RS -3 RS -1 RS -3 Single -Family Residential District (up to 3 tinits/acre RS- I Single -Family Residential District (up to 1 unit/acre) The single -fancily districts are established -to implement the policies of The single-family districts are established to inplemert the policies of the the Indian River County Comprehensive Plan for managing land Indian River County Comprehensive Plan for managing land designated for designated for residential uses, providing single-family housing residential uses, providing single-family, housing opportunities, and ensuring opportunities, and ensuring adequate public facilities to meet the adequate public facilities to meet the needs ofresidents. These districts are needs of residents. These districts are also intended to implement the also intended to implement the cots ty's housing policies by providing county's housing policies by providing opportunities for a varied and opportunities for a varied and diverse housing supply. diverse housing supply. Permitted uses include but are not limited to: single-family dwellings, Permitted uses include but are not limited to: Single -Family Dwelling, Foster foster care facilities, amateur radio communication towers (less than Care Facilities, Communications Towers (non wireless facilities including 80 ft.), commercial communications towers camouflaged up to 70 fl. TV and radio broadcast towers) less than 80 feet in height, Camouflaged Commercial radio towers tip to 70 feet. 1,2 6 Units Per Acre) C-2 (Conservation -2, 1 Unit per 40 Acres) 3096 25 1-:Z,000 SF None 8o L 100 ft. 23 $ 25 ft. is IL Is ft. 23 IL 25 ft. L 35 ft. sidcntial.• two(2) space per dwelling unit Residettial:.,two 2 aces per dwelling unit. s To our knowledge, there are no land use regulations other than zoning that would affect the property. Further, there is no moratorium on development. We were provided no information by ownership that the subject site possesses any Entitlements which would affect the subject site. We assume that the subject does not have Entitk nen is in place which would si pifficantly affect the value. most consistent use of the subject property would be for single-family residential use as seen in the Ild for the western parcellboundary of the subject property. The eastern portion is 100% wetlands with nservation and an ideal candidate for adoption into a county couservation/preservation system. le eastern portion with G2 Future land use would not significantly contribute to density. oraisal & Research, Inc. 33 1261 2csrMinp limp There are approximately l 7.54 acres of uplands and 19.45 acres of wetlands. Future Land Use Map Tuttle-Armfi ner Appraisal & Research, Inc. I j ,e There are approximately l 7.54 acres of uplands and 19.45 acres of wetlands. Future Land Use Map Tuttle-Armfi ner Appraisal & Research, Inc. Assessment and T -s . Tax ID - Total Asse3tllregt Rate Ad Valorem Taxes Non Ad Valorem Taxes Total Parcel Taxes 32390300000003000001 7490,M 11. $%13,31 $QAO 3239020000OSOO90000 ©___!" ) µ . 14.0912 $00 .00_ TO" $520,685 144 $40419 The tax year runs from January 1 st to December 31 st. Real estate taxes in Indian River County are paid one year in arrears (2025 taxes are paid in 2026), and are due and payable November 1st of each year or as soon thereafter as the certified tax roll is received by the Tax Collector from the Property Appraiser. Properties in Indian River County are assessed Ad Valorem Taxes and Non -Ad Valorem Taxes. Ad valorem taxes, or real property taxes, are based on the value of such property; Non -ad valorem assessments are NOT based on value but are set amounts. The Non: Ad Valorem Taxes the subject is responsible for goes toward solid waste disposal and emergency medical services. According to Florida law, assessments are to be at `Full Just Value'. This term is generally held to be 100% Market Value, less reasonable costs of .sales. It has been our experience, however, that assessments vary widely in relation to market value as defined in this report. Reassessments are annual based on a calendar year. $7,000 $6,000 -Wagner Appraisal & Research, Inc. $5,000 Ass"sed $4,000 Total % Year .. Assessment Taxes Change $3,000 2020 $3079862 $4,544 . sz,�uU .2021 $307,$62. $4,475 R 1;5% 2022 $345,211 $4,629 3.4%. ; _ 2023 $371,901 $4,983 7.6% so 2024 $52005 $6,154 23.$°la aom zou . mss zozs Sbtace: hidian.Rntr C011tty -Wagner Appraisal & Research, Inc. Property Description The following description is based on our property inspection, public records, and a survey. 3005 73rd Street Esstern Elevation Parcel ID 32390300000003000001.0 32390200000500000001.0 Location The subject has an assigned address o173005 73rd Street, The site does not have an assigned sheet Usable Land Area (Sq Ft) Vero Beach FL, 32967. address. Lard Use Residential Residential Map Latitude 27.725069 27.725069 Map Longitude -80.414922 -80.414922 Adjacent Land Uses Adjacent land uses are primarily rural residential and vacant land uses. North ofthe subject are single -fainly residertial developments and vacant and tracts. Souls ofthe subject are vacant land tracts. West ofthe subjects vacant land tracts and single-finuly residential developments. Fast ofthe subjects the Indian River Lagoon Site Analysis & Comments Ste utile— is Poor. The subject has adequate sire, shape, access, utilities, and topography for low intensity Source for Site Size residential use. Considereg neighborhood trends and physical features, the subject sie is suited for low, Site Size Analysis intensity residential use. It stands within the mod -prone area. Irmaance purchase is recommended. 3005 73rd Street Eastern Elevation Totals Gross Land Area (Sq Ft) 1,088.564 522,720 1,611,284 Gross Land Area (Acres) 24.99 12,00 36:99 Usable Land Area (Sq Ft) 764,042 764,042 Usable Lard Area (Acres) 17.54 17,54 Excess Land Area Comments There is no indicated excess land. The subject Floor Area Ratio (FAR) meets or exceeds current braiding trends for this property type. Usable Lard Area Comments Accordi% to US Fish & Wildlife National Wetlands Inventory maps, the site contains approximately 19.45 acres ofjtvisdictional wetlands as defined in Florida Statutes 373.019 (19 — Surface Waters) and (25 — Wetlands). Additionally, an environmental study from 2024 conducted by the Water & Air Research, Inc. further confirmed the presence ofwedands on the subject she. The estimates from this study were 19.45 acres ofMargrove Svr&W. Source for Site Size Property appraiser record card. Site Size Analysis The total subject land area is typical for a residential use in the subject neighborhood Appraiser's Note: We were not provided a survey by current property ownership. The subject tract size was derived from the Indian River County Property Appraiser Records. The Environmental Study by Water & Air Research, Inc. indicates 35.7 total acres. At the client's request, in the absence of a current survey, we have utilized the acreage provided by the property appraiser records. Appraiser's Note: An environmental study conducted in 2024 by Water & Air Research, Inc., confirmed that the subject site has approximately 53% wetland coverage. Tuttle-Armfeld-Wagner Appraisal & Wetland Map — U.S. Department of Fish & Wildlife Services, National Wetland Inventory Wetlands Area as identified by Water & Air Research, Inc. as part of an Environmental Study in 2024 I UU19-A m OWVV8gW APPMW 4 , M JURTSDICTiQNAI WETi,A NDS%SCUSSION Jurisdictional wetlands are considered environmentally sensitive and are protected from development by Florida Law (Chapter 403, Florida Statutes) which identified these areas as surface water resources. Because of the size and presence of these wetlands, the subject property falls under the jurisdiction of several regulatory agencies. These would include, but are not limited to, the St. Johns River Water Management District (SJRWMD), the Florida Department of Environmental Protection (FDEP), and Indian River County Department of Natural Resources. Jurisdictional wetlands are generally unsuitable for development without rather extensive site work, including filling and mitigation. Filling wetland areas is permitted by the State of Florida as an exception to this law; however, it must be demonstrated that there will be no significant environmental damages or any environmental impacts must be mitigated by creating or improving off -setting wetlands. Permits to "dredge and fill are issued on a very limited, case-by-case basis and are typically limited to 'filling a very small percentage of low land included in a development intended for adjacent upland areas. These permits are issued on the basis of the assessment of the environmental impact and the probability of obtaining such permits for a parcel are related to the specific intentions of a given development proposal. Mitigating wetlands is also possible, but comes at significant cost. It can be accomplished several ways, but all are more costly than simply buying non -affected light industrial land. Thus, development of marsh areas is subject to a myriad of state, federal and local regulations. Further the high level of restrictions, if possible, would incur such substantial development expense as to preclude development feasibility of the subject light industrial land. The vast majority of knowledgeable market participants would not place value on jurisdictional wetlands because they could not significantly be incorporated into a development plan. Depending upon the location of the wetlands, they could also incur additional discount to the remaining subject land if it would increase development costs to work around them or if they create inefficient upland zones (isolate upland areas). nc. Adcgmcy ofUtlities The subject's outlines are typical and adequate for the market area. Public Electricity Nearby - Above Ground Power Lines Water Supply Type Nearby- Pift Wier Sewer Type Ntarby - CID" SCW- Ral Access No gner Appraisal & Research, Inc. . 9350 US Highway 1 9455 53rd Ave. Totals Lard Units 1 1 2 Land Uttit Type Lot Lot Corner Lot isnot is not Dinemions Varies Varies Prittary Frontage Street Nome 73rd Street None Frontage - Primary Street (Feet) 425 Average Depth (Feet) Varies Varies View Average Average View Description The prurtaty frontatage is along 73rd St. This site does not have direct road access. Access Fait Average Access Description The subject has access via a din access road extension of The subject is vacam Mud and does not have 73rd Street. direct seem to the site. Site Visibility Poor Poor I: Site Visibility Description The site has no traf& tracked which is typical for a The site has no traffic tracked which is typical for residential use. a residential use. Site Lryrrovements The subject is vacant land and does not lave any site The subject is vacant land and does not have any irtiprovemerts. site inproverrents. Off-fte Lnprovemems Meoff-silo improvements consist lorgely ofthe atproVad The off -sue improvements consist largely ofthe modyms "Iroe uieipal Wliies i*Vmved roadways aril municipal utilities. Sauer Lightitg lhle is nti sheet bglm6tgaieug 73rd Street. ilio $4rxtAoce93 Sidewalks There are no sidewalks along 73rd Street along the AilA subject boundary. Curb and Gutter There are no curbs or gutters along 73rd Street along the VA subject boundary. Drainage Appears Adequate Appears Adequate Topography Mixed Mixed Shape Highly Irregular The site is irregularly shaped Soil Conditions The appraiser assurrres that there are no hidden or unapparent conditions ofthe property, subsoil or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering which rnight be required to discover such factors. The appraiser does not gner Appraisal & Research, Inc. . ME k M M nen Appraisal & Research,Inc. UO FEMA Map t. ,_, , FEMA Map Date � . T(2fi12023 Flood Zone In Flood Plait Yes Flood Zone Comments The subject erairely lies withi n Flood ZoneAF, and identified as an area ofHigh Flood Risk. Flood Zone AE is defined as an area inundated by 100 -year food* for which base flood elevations have been determined. Encumbrance , Fasenaent Description We were not provided a current survey or title policy ofthe subject property. We assume that no easenerds, encumbrances, and or deed restrictions exist that adversely affect subject utility or market value. Accordingly, the market value estimated herein is contiWrd on the acctnacy ofthis assumption Please reference Uni ng Conditions and Assuugttions. Emironmental Issues Estuarine & Marine Wetlard/Ecmerine & Marine Deepwater Encroachments No encroachments onto the subject property were noted by inspection or survey. We assume there are no encroachments into the subject shin= Wetlands Type Mixed Wedaod Hardwooda Wetland Acres 19.0 Wetlands and Watershed Comments The she is a2ved by approttetately 4.9 acres ofjtpisdictional wetlands. Considering the necessary costs required to nrrnigate wetlands, the market tends to avoid development impacting these areas. The net useable area is reduced by the amount ofwetlands. Retention None Passable Nuisance -- No nuisances were observed upon inspection ofthe subject m p pert'. k M M nen Appraisal & Research,Inc. UO Eagle View. The aerial depictions are from the Indian River County Property Appraiser records and Google Earth. The property boundaries are not exact. They are for illustrative purposes only. Subject Photographs I , Inc. Highest and ftet Use Before anopinion of value can be developed, the highest and best use of the property must be determined for both the subject site as though vacant, and for the property as improved. Highest and best use may be defined as "The reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported-, financially feasible, and that results in the highest value L" 1. Permissible Use. What uses are permitted by zoning and other legal restrictions? 2. Possible Use. To what use is the site physically adaptable? 3. Feasible Use. Which possible and permissible use will produce any net return to the owner of the site? 4. Maximally Productive. Among the feasible uses which use will produce the highest net return, (i.e., the highest present worth)? Because the use of the land can be limited by the presence of improvements, highest and best use is determined separately for the land or site as though vacant and available to be put to its highest and best use, and for the property as improved. The first determination reflects the fact that land value is derived from potential land use, The highest and best use of a property as improved refers to the optimal use that could be made of the property including all proposed structures. The determination of the highest and best use of land as though vacant is useful for land - or site valuation; determining the highest and best use of an improved property provides a _ decision regarding continued use or demolition of the property. Highest and Best Use As Vacant Legally Permissible The category of Legally Permissible uses includes an analysis of public development regulations, including current and possible future changes in zoning regulations and procedures, and private constraints including deed restrictions, leases, or any known encumbrances on title. Zoning & Future Land Use As discussed earlier in the zoning section, the subject is dual zoned in Indian River County as RS -3 and RS -1, for Single -Family Residential Use. Permitted uses include but are not limited to: single-family dwellings, foster care facilities, amateur radio communication towers (less than 80 ft.), commercial communications towers camouflaged up to 70 ft.; Permitted uses include but are not limited to: Single -Family Dwelling, Foster Care Facilities, Communications Towers (non -wireless facilities including TV and radio broadcast towers) less turn 80 feet in height, Camouflaged Commercial radio towers up to 70 feet.. The subject has a Future Land Use designation of Low Density Residential 2 (L-2) which allows a maximum residential density of six (6) units per acre and a Future Land Use designation of C-2, Conservation, that allows for 1 unit per 40 acres. ^ 1 The Appraisal of Real Estate 12th Edition, Page 303, Appraisal. Institute Tuttle-Armfield-Wagner Appraisal & Research, Inc. Physical Factors The category of Physically Possible uses is an analysis of the subjects ability to support various improvement types. Included in this category is an analysis of the physical attributes of the land, access and transportation, infrastructure and available public services, environmental considerations, along with current and expected future neighborhood development trends. The subject parcel has access from 7311d Street via a dirt road and during the property inspection, it was clear that much of the land was wet/swampy and there were ravines/culverts around the northern and central elevations. Based on the subject's eastern elevation being identified as having approximately 19.45 -acres of wetland areas as identified by the National Wetlands Inventory Mapping System, the subject likely could not support development without mitigation of the existing wetlands which is outside the scope of this appraisal assignment. The western portion of the parcel likely could support development. An Environmental Study was conducted in 2024 by Water & Air Research, Inc. that confirmed approximately 53 percent of the site was identified as Mixed Wetland Hardwoods identified in the eastern elevation of the subject property as shown in the table below: TAU L T1* amount of each altered bo, um qur ViOW &a& 73rd St vrovertv from t* A" Cel ctbr- 11ftrNOMW Community Ames °la Cw Up/Wet State Rauk iVlagpM Swamp V-0 *WW Wetland Secure S4 Mixed wood -Coniferous (SHF) 14.1 Upland not ranked Mesic Flatwoods Natdral Upland Secure S4 Residential. Med. Density _. % Altered Upland of ranked Total Altered **The community in parentheses (succe ` . osown to the snap based on aerial interpretation. *Appraiser's .Note: the devkdan between percent wetlands stems from not having cooresponding total acreage numbers. We utilized the amount of wetlands as identified by the study but at the client's request, utilized the total acreage from the property appraiser records, Financially Feasible Financial Feasibility is an analysis of the ability of the property to return the highest possible yield to the investment of land and improvements based on its income producing capability and the return requirements of investors in the market. gner Site utility is Poor. The subject has adequate size, shape access, utilities, and topography for low intensity residential use. Considering neighborhood trends and physical features, the subject site is suited for low -intensity residential use. It stands within the flood -prone area. Insurance purchase is recommended. However, because of the presence of nearly 54% wetlands, the subject is likely not a candidate for adoption into a conservation area in the county. However, the western elevation could likely support residential development consistent with the surrounding neighborhoods in the immediate area. Below is a subdivision directly adjacent to the put ject parcel(s) that is currently proposed' Appraiser's Note: Directly adjacent and east1south of the subject, GHO Rommock Shores is under site plan approval for the development of a 103 -lot, single family subdivision. The total combined acreage of the site consist of 60.08 -acres. The subject is currently a candidate for acquisition by the Indian Raver County Parks & Conservation Department. Maximally Productive Use Reviewing the permitted principal uses set forth under the zoning ordinance, it is our opinion that adoption into a conservation area would likely be the best use of the subject property considering the nearly 54% wetlands coverage C Exposure Time Exposure time is the estimated length of time that the subject would have been offered on the market prior to a hypothetical sale of the property on the effective date of the appraisal. Based on data obtained from sales transactions and interviews with market participants, it is our opinion that the probable exposure time for the property at the concluded, "as is" market value is 3-4 Months for the effective date of June 9, 2025. Marketing Period Marketing period is an opinion of the amount of time it might to take to sell the subject at the concluded market value during the period immediately following the effective date of the appraisal. Because we foresee no significant changes in market conditions in the near term, it is our opinion that a reasonable marketing period for the subject is the same as its exposure time. Therefore, we estimate the subject's marketing period to be 3-4 Months for the effective date of June 9, 2025. Valuamn Me odialogy Three basic approaches may be used to arrive at an estimate of market value. They are: 1. The Cost ApproaA 2. The Income Approach 3. The Sales Comparison Approach Cost Approach The Cost Approach is summarized as follows: Cost New - Depreciation + Land Value = Value Income Approach The Income Approach converts the anticipated flow of future benefits (income) to a present value estimate through a capitalization and or a discounting process. Sales Comparison Approach The Sales Comparison Approach compares sales, of similar properties with the subject property. Each comparable sale is adjusted for its inferior or superior characteristics. The values derived from the adjusted comparable sales form a range of value for the subject. By process of correlation and analysis, a final indicated value is derived. Final reconciliation The appraisal process concludes with the Final Reconciliation of the values derived from the approaches applied for a single estimate of market value. Different properties require different means of analysis and lend themselves to one approach over the others. Analyses Applied Cost Approach The subject is vacant land and this method does wt acctatately reflect market participant actions. Sales Comparison Approach LX There is adequate data to develop a'walue estimate and this approach reflects market behavior for this property type. Tuttle-Armfield-Wagner Appraisal & Research, Inc. Sales Comparison Approach — Land Valuation 17.54 -Acres Residential Land — 3005 73rd Street The Sales Comparison Approach is based on the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. It is based on the principles of supply and demand, balance, substitution and externalities. The following steps describe the applied process of the Sales Comparison Approach. • The market in which the subject property competes is investigated; comparable sales, contracts for sale and current offerings are reviewed. • The most pertinent data is further analyzed and the quality of the transaction is determined. • The most meaningful unit of value for the subject property is determined. • Each comparable sale is analyzed and where appropriate, adjusted to equate with the subject property. • The value indication of each comparable sale is analyzed and the data reconciled for a final indication of value via the Sales Comparison Approach. Land Comparables We have researched comparable land sales for this analysis; these are documented on the following pages and analysis grid. All sales have been researched through numerous sources and verified by a party to the transaction when available. In order to make the comparison meaningful, the comparable sales are reduced to a basic unit of comparison, i.e., the price paid per land square foot. The comparable land sales are detailed on the following pages. , Inc. City Vero Beach Date 8/13/2024 County Indian River Actual Price $600,000 Zip 32958 Price Adjustment $0 Tax ID 31392900000300000000 Price $600,000 Grantor MBC PropertyAcqustions, Price Per Acre $100,000 Inc. Grantee TCGFL Schumann 2, LLC Price Per Land SF $2.30 Book/Page or Reference 3718/404 Conditions of Sale None known Financing Cash to seller Days on Market Not disclosed Acres 6.00 Zoning RM -6 Land SF 261.360 Utilities All available Usable Acres 6 Median Household Income $58,552 Corner No 3 Mile Popul 23,880 Visibility Above Shape Irregular Access Average Distance 3.68 This 6 -acre undeveloped wooded parcel is located on the east side of 66th Avenue just south of Barber Street in unincorporated Indian River County. The property is known as Hidden Acres Estate and a site plan has been submitted for the property to be subdivided into seven lots and developed with luxury= custom homes starting at $780,000. The property soli for $600,000 to a developer. nc. ay�1p' u Address 2800 Barna Avenue ID 8656 City Titusville Date 4/15/2025 County Brevard Actual Price $900,000 Zip 32780 Price Adjustment $0 Tax ID 22-35-16-00-21 Price $900,000 Grantor BREVARD LAND Price Per Acre $107,656 DEVELOPMENT LLC Grantee John & Cynthia O'Rourke Price Per Land SF $2.47 Book/Page or Reference 10310/1529 Conditions of Sale None Noted Financing Market Terms Days on Market 379 Acres 8.36 Zoning Mulffamily Land SF 364,162 Utilities All to site Usable Acres 8.36 Median Household Income $49,960 Corner No 3 Mile Popul 44,149 Visibility Average Shape Rectangular Access Average Distance 64.23 This is the sale of 8.36 acres located on the western elevation of Barna Avenue just south of Harrison Street. The land is zoned R-3 with a firture land use of high density residential. Allowable density is currently 15 units per acre. The current site plan for the 8.36 acre parcel has six buildings with 20 units each for a total of 120 units. The footprint works with either two bedrooms in the center and one bedrooms on the ends (12 two bedrooms and 8 one bedrooms) or the reverse (12 one bedroornns and 8 two bedrooms). Approvals on the eastern portion ofthe land are expired and the western sloe never had approval. The property was listed for $1,400,000 and after 379 days on market closed for $900,000. The property was recorded on April 15, 2025. Carl Lentze of SVN Alliance Convnercial Real Estate Advisors was the listing agent. Verification email sent. Tuttle-Armfield-Wagner Appraisal & Research, Inc. City Sebastian Date 3/10/2025 County Indian River Actual Price $500,000 Zip 32958 Price Adjustment $0 Tax ID 31382600000100000000 Price $500,000 Grantor Scott Funnell Price Per Acre $51,387 Grantee hisite, LLC Price Per Land SF $1.18 Book/Page or Reference 3760/148 Conditions of Sale None Noted Financing Market Terms Days on Market 30 Acres 9.73 Zoning RE -40 Land SF 423,839 Utilities Nearby Usable Acres 9.73 Median Household Income $62,872 Corner No 3 Mile Popul 29,924 Visibility Average Shape Triangular Access Below Average Distance 5.44 This is the sale of 9.73 acres ofvacant land located on Laconia Street in Sebastian. The property is zoned for Single Family Residential allowing one unit per 40,000 square feet (10 single family residences could be built on this lot). The property was recorded on March 10, 2025 for a sale price of $500,000 or $51,387 on a per acre basis. The property was listed for approximately one month and was marketed to be subdivided into individual lots for single family homes. ner Address Celestial Drive ID 12736 City Grant Valkeria Date 6/30/2023 County Brevard Actual Price $450,000 Zip 32949 Price Adjustment Tax ID 30-38-04-00-756 & 30-38- Price $450,000 Grantor Justify Group, LLC Price Per Acre $41,628 Grantee Chargen, LLC Price Per Land SF $0.96 Book/Page or Reference 9823/1590 Conditions of Sale None Financing Cash to Seller Days on Market 555 Acres 10.81 Zoning RR -1 Land SF 470,884 Utilities Well; Septic Usable Acres 9.36 Median Household Income Corner No 3 Mile Popul Visibility Below Average Shape Rectangular Access Below Average Distance 13.71 'Phis is the sale of two parcels located in Grant-Valkeria. 'These lots are adjacent to the developing DR Horton Crystal Bay comnin y to the west. The sites are located behind several residences and are not visible from the surrounding roads. The site has a 1.45 -acre pond on the southern border and approximately 0.22 acres ofwethmis on the northeast border. The site is level, clear, and prinarly in the A flood zone classification. Access to the site is via a 24 tt flag stem in the cul-de-sac on Celestial Drive. "Ihe sites were listed by Scott Loveridge with Relentless Real Estate Co for $259,000 each and closed for $450,000. According to Mr. Loveridge, the sale was arms -length. He said there was a discount since the buyer purchased two lots. sal & Research, Inc. Address Glenham Dr NE ID 16084 City Palm Bay Date 3/8/2024 County Brevard Actual Price $1,425,000 Zip 32905 Price Adjustment $0 Tax ID 28-37-23-00-761 Price $1,425,000 Grantor SKA Properties, LLC Price Per Acre $91,817 Grantee Price Family Homes, Inc Price Per Land SF $2.11 Book/Page or Reference 10011/1345 Conditions of Sale None Known Financing Cash to Seller Days on Market N/A Acres 15.52 Zoning RS -2 Land SF 676,051 Utilities All Utilities Available Usable Acres 13 Median Household Income Corner No corner 3 Mile Popul Visibility Average Shape Rectangular Access Average Distance 23.71 This is the sale of 15.52 acres of residential land south of Palm Bay Road, north of School Dr. NE, and on the west side of Glenham DR NE. The site is heavily vegetated. Brevard County Natural Resource Maps indicate +/- 9.85 acres of uplands. However.. the buyer reported that they only had a small portion of wetlands. which would not require mitigation as it was below the threshold for mitigation. However, he did not specify the number of buildable acres. We assume the site is mostly buildable with +/- 13 acres of wetlands. The site is zoned medium -density residential, which permits Ie -t sizes of 7,500 sq. ft. The site has 1,015 feet of road frontage on Glenham Dr, which would serve as site access. A local home builder purchased the site. Bill Price, the buyer and hone builder, said the transaction was an auris length. Mr. Price said they were going through the entitlernent process but were not fully entitled to site plan approval before closing. The site will be developed with 42- 75' single-family lots. Vagner Appraisal & Research, Inc. Land Sales Comparables Map Subject 3005 73rd Street Vero Beach Comp 1 9050 66th Avenue Vero Beach 3.68 miles Comp 2 2800 Barna Avenue Titusville 64.24 miles Comp 3 XX Laconia Street Sebastian 5.44 miles Comp 4 Celestial Drive Grant-Valkeria 13.71 miles Comp 5 Glenham Dr NE Palm Bay 23.72 miles Analysis Grid The above sales have been analyzed and compared with the subject property. We have considered adjustments in the areas of: • Property Rights Sold Financing • Conditions of Sale • Market Trends • Location • Physical Characteristics On the following page is a sales comparison grid displaying the subject property, the comparables and the adjustments applied. Address. 9455 53rd Ave. 9050 669t Avenue 2800 Barna Avenue XX Laconia Street Celestial Drive Glenham Dr NL City Vero Beach Vero Beach Titusville Sebastian Gram-Valkeria Palm Bay CountyIndian River Indian River Brevard Indian River Btevard Brevard Date 6/9/2025 8/13/2024 4115/-025 3/10!2025 6130/2023 3/8/2024 Price -- $600,000 $900,000 $500,000 $450,000 $1,425,000 LandSF 764.042 261,360 364,162 423,839 470,884 676,051 Lull SF Unit Price $2.30 $2.47 $1.18 $0.96 $2.11 as Fee Simple Fee Simple 0.0% Fee Simple 0.0% Fee Sample 0. a ee Sample 0.0,6 Fee amp 0.096 ing Conventional Cash to seller 0.096 Market Terms 0.0% Market Terms 0.0% Cash to Seller 0.096 Cash to Seller 00°o aleCash Z None known 0.0% None Noted 0.0•!. None Noted 0.0°ie None 0.0% None Known 0.0°6 g 6/92025 0.0% 0.0°/, 0.0% 0.090 0.0% 0.0% Unit Price 52,30 52,47 SIAS S0.96 52.11 Location Ell Average Slightly Below Avg Average Average S** Below Avg Slighdy Below A%a % Adjustment - s 09'u 091. 5% 5% Inferior Similar Similar lt&rior Inferior Lard SF 764,042 261,360 364,162 423,839 470,884 676,051 %Adjustment = 0% -15% -10% -100Y. -5% Qualitative Superior Superior Superior Superior Swerior Topography' Wooded Level w grade. Wooded Level wigrade, wooded Wooded Levey Cleft. - ..lodWedardsAV dad %Adjustment -.590 -5% 0% -10% - - - 0°o Superior Superior Similar Superior Similar Shape lirgtdy Irregular Impdar Rectangular Triangular Rectangular Rectangular %Adjushnent 0% 0% M. 0% 0% rra8tative Sadly Similar Similar Similar Similar Utilities Nearby - Above All available All to site Nearby Welt Septic AD UhTities Available Ground Power 11a Adjustment -5% -546 0% -596 Superior Superior Similar Superior Superior Zdales RS -3 RM -6 Muhifundy RE -40 RR -I RS -2 %Adjustment I - -S% -5% -5% 5% 5% uahtatn' - ... Superior Superior Irdbrior hiferior Access Below Average Average Average Below Average Below Avenge Average N Adjusmnent -ID% -10'A 091. 0% -1096 Qualitative SUDCM swencir Similar Similar Superior Net Adjumtents - -15.0°.0 -10010 SQ.O?L .. . ...: 4Q:QWa .: :. 15.�i 35.0% 3009, eld-Wagner Appraisal & Research, Inc. Analysis and Adjustments In order to make the comparison meaningful, the comparable sales are reduced to a basic unit of comparison, i.e., the price paid per square foot of GBA. For Property Rights, Financing, Conditions of Sale, Expenditures After Purchase, and Time -Market Conditions adjustments we have applied Quantitative adjustments. Quantitative analysis is used for the remaining physical features. We have considered each sale regarding its relative similarity with the subject in the factors noted above. Then a conclusion is drawn regarding the comparable sale's overall similarity with the subject. Adjustment to Price No additional price adjustments were required. Property Rights This adjustment is generally applied to reflect the transfer of property rights different from those being appraised, such as differences between properties owned in fee simple and in leased fee or partial interests. All the sales reported fee simple property rights purchased by owner users and no adjustments for this category are indicated. Financing This adjustment is generally applied to a property that transfers with atypical financing, such as having assumed an existing mortgage at a favorable interest rate. Conversely, a property may be encumbered with an above -market mortgage which has no prepayment clause or a very costly prepayment clause. Such atypical financing often plays a role in the negotiated sale price. In this case, no adjustment is warranted. Conditions of Sale This category reflects extraordinary motivations of the buyer or seller to complete the sale. Examples include a purchase for assemblage involving anticipated incremental value or a quick sale for cash. This adjustment category may also reflect a distress -related sale, or a corporation recording a non -market price. In this case, no adjustments are warranted. Economic Trends This category reflects investors' perceptions of prevailing market conditions. This adjustment category reflects value changes, if any, which have occurred between the date of the sale and the effective date of the appraisal. Overall, all sale comparables presented have occurred since June 2024 and no significant adjustments occurred during that period. No adjustments were necessary for economic trends/time. Location The subject is located in a residential area of Indian River County as part of unincorporated Sebastian. Location adjustments consider median household incomes and populations within three (3) miles. Comparable 1, 4, and 5 have slightly below average income indications as compared with the subject. No other adjustments for location were warranted. Physical Characteristics The sales are adjusted qualitatively for physical characteristic differences. We considered the size of the tracts (Land Square Feet), Topography, Configuration, Access to Utilities, Zoning Classification, and Access of each property. Appraisal & Sol" COMPtppch The adjusted values of the comparable properties range on a per land square foot basis from $4.81 to $1.94; the average is $1.31 per land square foot and the median is '$1.38 per land square foot. All value indications have been considered, and in the final analysis, most weight has been given close to the median indication provided by sample of $1.33 per land square foot. Land Value Ranges & As Is Reconciled Number of Comparables: 5 Unadiusted Value Adjusted % A Low. $0.96 $0:81 -15%0 High. $2.47 .$1.94 -2313/6 Average: $1.80 $1.31 -27'/0 Median: $2.11 $1.38 -35% Reconciled Value/Unit Value: $1.35 IOU! sf Subject Size: 764,042 Indicated Value: $1,031,457 Reconciled Fbud As h Value: $1,030,000 One Million Thirty Thousand Dollars Wagner Appraisal & Research., Inc. Sales Comparison Approach — Land Valuation 19.45 -Acres Wetlands — Eastern Portion of Subject Parcel The Sales Comparison Approach is based on the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. It is based on the principles of supply and demand, balance, substitution and externalities. The following steps describe the applied process of the Sales Comparison Approach. • The market in which the subject property competes is investigated; comparable sales, contracts for sale and current offerings are reviewed. • The most pertinent data is further analyzed and the quality of the transaction is determined. • The most meaningful unit of value for the subject property is determined. • Each comparable sale is analyzed and where appropriate, adjusted to equate with the subject property. • The value indication of each comparable sale is analyzed and the data reconciled for a final indication of value via the Sales Comparison Approach. Land Comparables We have researched comparable land sales for this analysis; these are documented on the following pages and analysis grid. All sales have been researched through numerous sources and verified by a party to the transaction when available. In order to make the comparison meaningful, the comparable sales are reduced to a basic unit of comparison, i.e., the price paid per land square foot. The comparable land sales are detailed on the following pages. City Titusville Date 7/6/2023 County Brevard Actual Price $265,000 Tip 32796 Price Adjustment $0 Tax 1D 21-34-16-00-10 Price $265.000 Grantor Daniel Lushan Price Per Acre $21.388 Grantee Zahera Sadflc Price Per Land SF $0.49 Book/Page or Reference 9830/2144 Conditions of Sale 1031 Exchange- Financing xchange-Financing Cash to Seller Days on Market 103 Acres 12.39 Zoning RY-B & OR Land SF 539,708 Utilities Public Water/Sewer Ea7 Req. Usable Acres 5.26 Median Household Income $63,489 Corner is not 3 Mile Popul 31.593 Visibility Below Average Shape Flag -shaped Access Average Distance 66.85 This is the sale of a 12.39 -acre &g -stem site located on the south side of Garden Street in Titusville. The site is wooded, with approximately 5.26 acres of wetlands and 7.13 acres of wetlands, primarily located in the center of the site. The site has dual zoning, RI -B, which permits up to 5.8 units per acre, and Open Space Recreational (OR), which is a very restrictive wningclassificatior. The OR zoning permits I Unit per 5 acres. The OR zoning is similarly located as the wetlands. The s-te is surrounded by a mix of residential and commercial uses is in close proximity to I-95. The site was listed by Maricia Barnett with the Barnett Group for $299,000 and closed for $365,000 after 103 days of the market. According to the buyer agent, Mr. Stephen Keener, the buyer needed to complete a 1031 transaction and the property met the dollar amount he needed. Mr. Keener said the buyer did not complete any environmental studies and has no plans for the property and is considered a speculative investment.: Tuttle-Armfield-Wagner Appraisal & Research, Inc. City Merritt Island Date 3/7/2025 County Brevard Actual Price $585,000 Zip 32952 Price Adjustment $0 Tax ID 24-37-19-00-500 Price $585,000 Grantor Sasso Corp. Price Per Acre $33,698 Grantee Greg Dornau Price Per Land SF $0.77 Book/Page or Reference 10287/1494 Conditions of Sale None Noted Financing Market Terms Days on Market Unknown Acres 17.36 Zoning RU -1-11 Land SF 756,202 Utilities None Noted Usable Acres 0 Median Household Income $83,034 Corner is not 3 Mile Popul 26,947 Visibility Fair Shape Slightly Irregular Access Average Distance 48.11 This is the closed sale ofa 17.36 -acre fully wetland tract located east of Eddy Street in Merritt Island. The property is zoned RU -1-11 for residential use in unincorporated Brevard County, with access from the end of Eddy Street. The property was a private transaction and was recorded with the Brevard County Property Appraiser on March 17, 2025. T Address East Terminus o`Jay Jay Rd ID 15971 City Titusville Date 6/28/2024 County Brevard Actual Price $129,400 Zip 32796 Price Adjustment $0 Tax ID 21-35-21-00-754 & 21-35- Price $129,400 21-00-755 Grantor Jesse J. Parrish III, TR, Price Per Acre $8,767 Cheryl Winstead Lentz TR, & Loin Parrish TR Grantee St. John River Water Price Per Land SF $0.20 Management District Book/Page or Reference 10102,669 Conditions of Sale None Known Financing Cash to Seiler Days on Market N/A Acres 14.76 Zoning AU Land SF 642,946 Utilities None Usable Acres 7.01 Median Household Income $58,577 Corner isnot 3 Mile Popul 22,133 Visibility Poor Shape Irregular Access Poor Distance 68.28 This is the sale of two parcels of land totaling 14.76 acres of mixed wetlands in Titusville. The site has Estruaine wetlands along the east and Fresh%Auter wetlands along the west The FEC Raihnay bisects the site on the east. There is no paved road frontage, with access coming from a long unpaved driveway. This site appears to have been an off -market sale. verified via public records. It closed on June 28, 2024, for $129,400 or $8.767/acre. According to the St Johns River Water Management District, the site was purchased at Fair Market Value for the purpose of conservation. Inc. Address 2250 N Banana River Dr ID 15965 City Merritt Island Date 5/10/2024 County Brevard Actual Price $550,000 Zip 32952 Price Adjustment $0 Tax ID 24-37-18-00-751 Price $550,000 Grantor Bluewater Pointe, LLC Price Per Acre $25,183 Grantee Merritt Island Haven, LLC Price Per Land SF $0.58 Book/Page or Reference 10060/1608 Conditions of Sale None Known Financing Cash tc• Seller Days on Market 306 Acres 21.84 Zoning RU -1-11 Land SF 951,350 Utilities Public Water/Sewer Usable Acres 3.06 Median Household Income Corner is not 3 Mile Popul Visibility Average Shape Irregular Access Average Distance 48.96 This is the sale of 31.34 acres of Estuarine Wetlands located on the east side of N. Banana River Drive, just east of the intersection ofN. Banana River Drrre and Martin Boulevard. According to the Brevard County Natural Resource Maps, +/-3.06 acres of uplands are dispersed throughout the site, and +/- 9-10 acres of submerged land. However, the area with the greatest development potential is 1.55 acres, fronting N. Banana River Drive on the north side. Land Sales Comparables Map r Subject 3005 73rd Street Vero Beach Comp 1 4001 Garden Street Titusville 66.86 mfles Comp 2 1375 Eddy Street Merritt Island 48.11 miles Comp 3 East Terminus of Jay Jay Rd Titusville 68.28 mfies Comp 4 2250 N Banana River Dr Merritt Island 48.96 miles r Analysis Grid The above sales have been analyzed and compared with the subject property. We have considered adjustments in the areas of: • Property Rights Sold • Financing • Conditions of Sale • Market Trends • Location • Physical Characteristics On the following page is a sales comparison grid displaying the subject property, the comparables and the adjustments applied. Address 3005 73rd Street 4001 Garden Street 1375 Eddy Street Fast Ternin s ofJay Jay Rd 2250 N Banana River Dr City Vero Beach Til svr➢e Merritt island Titusville Merritt Island Courtly Indian River Brevard Brevard Brevard Brevard Date 6/92025 7/612023 3/7/2025 6/28/2024 5/102024 Price -- $265,000 $585,000 $129,400 $550,000 Land SF 847,242 539,708 756,202 642,946 951,350 Land SF Unit Price $0.49 $0.77 $0.20 $0.58 Property R9W Fee setple Fee Sinple 0.0% Fee rnp o Fee Sirnple -- 0.0% Fee Sintpile 0.0% Finantcatg Conventional Cash to Seller 0.0% Market Tens 0.0% Cash to Seller 0.0% Cash to Seller 0.0% Conditions ofSale Cash 1031 0.0% None Noted 0.0% None Known 0.0% None Known 0.0% Subsequent Tmdt Fading 6/9/2025 0.0a/o 0.0% 0.0% 0,0% 0.0% Ad ted Land SF Unit Price $0.49 $0.77 $0.20 S0.58 Location Average Average Average Sbgttly Below Avg. Average % Adjtsunetv 0% oc/a 5% ou/e Qualuativt Si hilar Similar Inferior Similar Land SF 847,242 539,708 756,202 642,946 951,350 % Adjustment -5% 0% -5% Oa/a tatilative Superior Sinlar Superior Sitlar Topography Wooded Level/Wooded/Wetlands Marsh Marsh Level/Wetlands % Adjustment 0% 0% 0% 0% Sirdar Sirwar Simian Samar Shape Highlylrregular Flag -shaped Sligltlyhregular Irregular Irregular %Adjusnnett 0% Oa/o 0°/a 0% Qttal" ' Sitnlar Sirnbr Simdar Sonar Utilities Nearby - Above Public Water/Sewer Ext None Noted None Public Water/Sewer GrouodPower Req. %Adjtshnern Oa/o 0% 5% -5% te8lative Sindar Simlar Inferior Superior Zo ' RS -1 RI-B&OR RU -1-1I AU RU -1-11 %Adjuarnent 01% Oa/o 0% 00/0 uahtatrx Sirdar Sirdar Sunlar Sunder Nei Adiustments -5.0% -10.0% 5.0% -5.0610 Gloss Adju,tnients 5.0% 10.0% 15.0% 5.0% ner Appraisal Analysis and Adjustments In order to make the comparison meaningful, the comparable sales are reduced to a basic " unit of comparison, i.e., the price paid per square foot of GBA. For Property Rights, Financing, Conditions of Sale, Expenditures After Purchase, and Time -Market Conditions adjustments we have applied Quantitative adjustments. Quantitative analysis is used for the remaining physical features. We have considered each sale regarding its relative similarity with the subject in the factors noted above. Then a conclusion is drawn regarding the comparable sale's overall similarity with the subject. Adjustment to Price No additional price adjustments were required. Property Rights This adjustment is generally applied to reflect the transfer of property rights different from those being appraised, such as differences between properties owned in fee simple and in leased fee or partial interests. All the sales reported fee simple property rights purchased by owner users and no adjustments for this category are indicated. Financing This adjustment is generally applied to a property that transfers with atypical financing, such as having assumed an existing mortgage at a favorable interest rate. Conversely, a property may be encumbered with an above -market mortgage which has no prepayment clause or a very costly prepayment clause. Such atypical financing often plays a role in the negotiated sale price. In this case, no adjustment is warranted. Conditions of Sale This category reflects extraordinary motivations of the buyer or seller to complete the sale. Examples include a purchase for assemblage involving anticipated incremental value or a quick sale for cash. This adjustment category may also reflect a distress -related sale, or a corporation recording a non -market price. In this case, no adjustments are warranted. Economic Trends This category reflects investors' perceptions of prevailing market conditions. This adjustment category reflects value changes, if any, which have occurred between the date of the sale and the effective date of the appraisal. Overall, all sale comparables presented have occurred since July 2023 and no significant adjustments occurred during that period. No adjustments were necessary for economic trends/time. Location The subject is located in a residential area of Indian River County as part of unincorporated Sebastian. Location adjustments consider median household incomes and populations within three (3) miles. Comparable 3 has a slightly below average income indication as compared with the subject. No other adjustments for location were warranted. Physical Characteristics The sales are adjusted qualitatively for physical characteristic differences. We considered the size of the tracts (Land Square Feet), Topography, Configuration, Access to Utilities, Zoning Classification, and Usable Land SF of each property. Tuttle-Armfield-Waoner Aopralsal & Research. Inc. Sales Comparison Approach Conclusion The adjusted values of the comparable properties range on a per land square foot basis from $0.21 to $0.70; the average is $0.48 per land square foot and the median is $0.51 per land square foot. All value indications have been considered, and in the final analysis, most weight has been given close to the median indication provided by sample of $0.50 per land square foot. Low: $0.20 $0.21 5% High: $0.77 $0.70 -10% Average: $0.51 $0.48 -6% Median: $0.53 $0.51 -5% Reconciled Value/Unit Value: $0.50 land sf Subject Size: 847,242 Indicated Value: $423,621 Reconciled Final As Is Value: $425,000 Four Hundred Twenty Five Thousand Dollars Final ReconcHon The process of reconciliation involves the analyte of each approach to value. The quality of data applied, the significance of each approach as it relates to market behavior and defensibility of each approach are considered and weighed. Finally, each is considered separately and comparatively with each other. This amount is deducted from the As Complete value in order to arrive at the As is Value. Value Indications C; urrent As is Market Value Fee SffWle 611!2025 51,455,000 The Value Conclusion is derived by taking the sum of the three land values fall Residential Land —17.54 Acres - $1,030;000 Wetlands Area —19.45 Acres - $425,000 Total Aereaae (3599 Acres) - $1,455.000 Cost Approach The Cost Approach to Value is most applicable for new, nearly new, or posed improvements which represent the Highest and Best Use for the land. A cast Wmach was not applied as the subject is vacant hand and this method does not weer tdreflect market participant actions. Sales Comparison Approach The Sales Comparison Approach is most reliable when the market provides an ample supply of improved comparable sales. A sales comparison analysis was considered and was developed as there is adequate data; to develop a value estimate and this approach reflects market behavior for this property type. The subject indication frc this approach was supported with several recent, comparable properties offering similar olity to owner users. This approach is MOST relevant to . owner users. We place all weight on this approach, in line with the buyer profile. Income Approach — Direct Capitalization An income approach was not applied as the subject is vacant land and this method does not accurately reflect market participant actions. Value Conclusion Based on the data and analyses developed in this appraisal, we have reconciled to the following value conclusion(s), as of June 9, 2025,,subject to the Limiting Conditions and Assumptions of this appraisal. C;urrert As Is Market Vakie Fee Supple 619/7.025 $1,455,000 Tuttle-Armfield-Wagner Appraisal & Research, Inc. 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited Manly by the reported assumptions and limiting conditions and are our personal, impartial and unbiased. professional analyses, opinions, and conclusions.. 3. We have no present or prospective interest in or bias with respect to the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. 4. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 5. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6' This appraisal assignment was not made, nor was the appraisal rendered on the basis of a requested minimum valuation, specific valuation, or an amount which would result in approval of a loan. 7. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. g. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 9. Jason C. Malick, Trainee RI25267, provided significant help in site and building inspection and descriptions, tax and zoning analysis, and research of comparison sales. 10. I, the supervisory appraiser of a registered trainee appraiser who contributed to the development or communication of this appraisal, hereby accept full and complete responsibility for any work performed by the registered trainee appraiser named in this report as if it were my own work. 11. As of the date of this report, Matthew Jehs, MAI has completed the continuing education program of the Appraisal Institute. 12. We have made an inspection of the property that is the subject of this report. 13. The appraisers have not performed a prior appraisal or any services regarding the subject property, as an appraiser or in any other capacity, within the three-year period immediately preceding the agreement to perform the assignment. Ja �,. Tra%W. ruttle-Armfield-Wagner Appraisal & Research, Inc. 1. Tuttle-Armfield-Wagner Appraisal & Research, Inc. DefinNOM Please refer to the publications listed in 1he Works Cited section bekw for more information. Works Cited: • Appraisal Institute. The Apprx.Tal of Real Estate. 15th ed, o: Appraisal Institute, 2020. PDF. ■ Appraisal Institute. The Dictionary of Real Estate Appraisal. 6th ed. 2015. PDF. ■ The Appraisal Foundation. 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP), lanuary 1, 2020 through December 31, 2021 PDF. - Market Value: As defined by the Office of the Comptroller of Currency (OCC) under 12 CFR, Part 34, Subpart C-Appraisah , 34.42 Definitions, the Board of Governors of the Federal Reserve System (FRS) and the Federal Deposit Insurance Corporation in compliance with Title XI of FIRREA, as well as by the Uniform Standards of `Appraisal Practice as promulgated by the Appraisal Foundation, is as follows. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and ;assuming the price is not affected by undue stimulus. Implicit in this definity is the consummation of a sale as of a specified elate and the passing of title from seller to buyer under conditions whereby, 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domaiin, police power, and escheat, (Dictionary, 6th Edition) -Wagner Appraisal & Research, Inc. Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Dictionary, 6th Edition) Lease Types Absolute Net Lease - A lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant. Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay all of the property's operating and fixed expenses; also called full-service lease. Modified Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property's operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi -gross lease. (Dictionary, 6th Edition) Marketing Time An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, "Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions" address the determination of reasonable exposure and marketing time.) (Dictionary, 6th Edition) Market Rent The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs). (Dictionary, 6th Edition) Exposure Time 1. The time a property remains on the market. 2. The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming a competitive and open market. (Dictionary, 6th Edition) Gross Building Area (GBA) Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above -grade area. This includes mezzanines and basements if and when typically included in the region. (Dictionary, 6th Edition) C ner Stabilized Occupancy 1. The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is priced at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing its appropriate share of market demand. 2. An expression of the average or typical occupancy that would be expected for a property over a specified projection period or over its economic life. (Dictionary, 6th Edition) Research, Inc. Professional Qualifications Matthew W. Jehs EXPERIENCE: Current Managing Director for Tuttle-Armfield-Wagner Appraisal & Research, Inc., Mr. Jehs has 23 years of appraisal experience, receiving his MAI in 2008. He has performed property valuations for a broad array of retail, industrial, and office properties including shopping centers, office/warehouses, bulk distribution warehouses, heavy manufacturing, both low-rise and high- rise professional offices and medical office buildings. Valuations have also included surgical centers, limited -service hospitality properties, condominium developments and conversions, residential subdivisions, and vacant land. Specialized real estate assignments include right-of-way projects, Cape Canaveral Port Facilities, Kennedy Space Center assets, and Melbourne Airport Aviation land, and jurisdictional wetlands. Clients served include accountants, investment firms, law firms, lenders, private corporations, local municipalities, and public agencies, including Veterans Affairs, Florida DEP Approved Appraiser, and SJRWMD. Valuations have been utilized for mortgage loan purposes, equity participation, due diligence support, condemnation proceedings and insurance purposes. Assignments have included the valuation of existing and proposed properties, as well as market studies, highest and best use studies, and property value impact studies. EDUCATION: Bachelor of Arts Degree, Benedictine University, 2000 Appraisal Course Work Completed: Appraisal Institute 110 -Appraisal Principles 120 -Appraisal Procedures 210 -Residential Case Study 310 -Basic Income Capitalization 410 -Uniform Standards of Professional Practice — Part A 420 -Uniform Standards of Professional Practice — Part B 510 -Advanced Income Capitalization 520 -Highest and Best Use and Market Analysis 530 -Advanced Sales Comparison and Cost Approach 540 -Report Writing and Valuation Analysis 550 -Advanced Applications Continuing Education in USPAP, ARGUS, STDB.com LICENSES: State Certified General Real Estate Appraiser #FL-RZ2806 PROFESSIONAL Member of the Appraisal Institute (MAI) 4432527 ORGANIZATIONS: 2020 Past President Florida East Coast Chapter Appraisal Institute I have been qualified as an expert witness in Brevard County circuit court. I have testified in court cases involving commercial Real Estate litigation. Tuttle-Armfield-Wagner Appraisal & Research, Inc. PROFESSIONAL QUALIFICATIONS FOR JASON C. MALICK EDUCATION: Bachelor of Arts Business Administration, University of Florida, 2004 LICENSES: State -Registered Trainee Appraiser, RI25267 APPRAISAL COURSEWORK: Appraisal Principles Appraisal Procedures Florida Appraisal Law 15 -Hour National USPAP Income Capitalization Approach Report Writing and Case Studies Sales Comparison and Cost Approach Market Analysis and Highest and Best Use APPRAISAL EXPERIENCE: Appraisal experience including Vacant Land, Multi - Family, Single -Family, Industrial, Retail, and other Commercial and Residential Properties PROFESSIONAL EXPERIENCE: September 2021 to Present — Commercial and Residential Trainee, Tuttle-Armfield-Wagner Appraisal & Research, Melbourne, FL January 2019 to January 2020 — Real Estate Agent Premier Properties and Coldwell Banker Paradise, Indialantic, FL nc. C ner Inc. Frolnv: tiYerndy �.a�aiar+ 4ente Monday, April 28,202S 9:40 AIG! To, Matthew Jells <matihew.jehspt-a-v& Jrte; Ashley J. Urtgwaod talingwoodL10inc(, J E Pn3t�erPpW er bcmdappraaisais Please consider this errtalt as County approval for you to move forward with this work. Thank you, and please let me know if you have any questions. +s rWindianr, Ryan S __ . _, .. . .... Stillifect: Indian RhW CbuntV environm tstiattwnd aDpraiseh Good afternoon, 1 received your voicemail and called back but you had left W1, 1t. We are looking to start the appraisal process we discussedphone a few weeks back. Can you please send me a proposal for appratsal services, tailored ilfftenvironmentai bond process, and based on f=DEP requirements, for the following parcels: Project Name parcel D „,Size (Acres) Jungle Trait lstand Club Istand Cl b Manor 1320111240000001000000a.0 19.36 Manor LLC 1 11 0 rrance Corner Propertywi Smith, Pepay I— & Randolph Ern 31392100000005000001.0 1.37 Hate Groves Property bate Grove LLC - 31 3921 000000 050 0001 4.0 16.37 Hate Grove Storefront Hate 560 L!S1 LLC 31392800040300000002.0 4.;90 93- Lane Riverfront Christian Hammarskiotd 31392100000005000010.1 4,40 Winter Beach 73rd John Luther 3239030000000,3000001.0 36.68 Please also include in your proposal a schedule for completion of the appraisals. We may have additional contact Infomlation for the owners - please let me know if this is needed and I will find why we have. Trmw*VM snit4uease let me know if we need to discuss any of this Information. Wendy Swindell Assistant Director Parks & Conservation a.'4'ivttn[`p �y 15909th St SW . Vero Beach -32S462 + t (772) 226-1781 • (772) 269-4358: (Celf) fR.rt7atV �` Nore new emaffodcWr .• _4y"wnoe fopFDD;nnrEyer anv Nore Dew 1 b adc toss: wWw iefffi'ont9Ver apV/DDT&SQlidf ♦ gLPtB(# Find us on. Social Media! Channel 27 Facebook rnstagram Docusign Envelope ID: 04646808-2B19-436D-8A50-5AMA82D31711 Commercial Contract • }Florida Realtors 1 1. PARTIES AND PROPERTY: Indian River County ("Buyer") 2 agrees to buy and John M Luther Trustee under William M Luther Irrevocable Trust ("Seller") 3 agrees to sell the property at: 4 Street Address: 2705-3005 73 St, Vero Beach FL 32967 5 6 Legal Description: FOLIO NUMBER: 32390300000003000001.0 - 24.99 acres & 32390200000500000001.0 -12 acres 7 36.99 acres total 8 and the following Personal Property: 9 10 (all collectively referred to as the "Property") on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $ 1,590,000.00 12 (a) Deposit held in escrow by: N/A $ 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: Phone: 15 (b) Additional deposit to be made to Escrow Agent 16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 17 ❑ within days after Effective Date $ 18 (c) Additional deposit to be made to Escrow Agent 19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 20 ❑ within days after Effective Date $ 21 (d) Total financing (see Paragraph 5) $ 22 (e) Other $ 23 (f) All deposits will be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations, to be paid 25 via wire transfer. $ 1,590,000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days, based on where the Property is located, will be used when 34 computing all time periods. Other than time for acceptance and Effective Date as set forth above, any time periods 35 provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, ending 36 or occurring on a Saturday, Sunday, national legal holiday, or a day on which a national legal holiday is observed will 37 extend to the next calendar day which is not a Saturday, Sunday, national legal holiday, or a day on which a national 38 legal holiday is observed. Time is of the essence in this Contract. 39 4. CLOSING DATE AND LOCATION: Initial Buyer and Seller ) �) knowledge receipt of a copy of this page, which is Page 1 of 8 Pages. CC -6 Rev. 3125 02025 Florida Realtors® SOO*:012020-900175-9938713 1r 1 5m mplicity Docusign Envelope ID: C4646808-2619-436D-8A50-5AB4A82D3F11 40 (a) Closing Date: This transaction will be closed on 60 Days after Due Diligence ends (Closing Date), unless 41 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods 42 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended 43 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 44 the insurance underwriting suspension is lifted. 45 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the 46 county where the property is located.) Closing may be conducted by mail or electronic means. 47 5. THIRD PARTY FINANCING: 48 BUYER'S OBLIGATION: On or before N/A days (5 days if left blank) after Effective Date, Buyer will apply for third 49 party financing in an amount not to exceed N/A% of the purchase price or $0.00 , with a fixed 50 interest rate not to exceed N/A% per year with an initial variable interest rate not to exceed N/A%, with points or 51 commitment or loan fees not to exceed N/A% of the principal amount, for a term of N/A years, and amortized 52 over N/A years, with additional terms as follows: 53 CASH, NO FINANCING REQUIRED 54 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 55 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left 56 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close 57 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 58 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 59 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable 60 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) 61 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 62 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 63 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 64 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 65 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 66 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 67 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both 68 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 69 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 70 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 71 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 72 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre - 73 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 74 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ❑x statutory warranty 75 deed ❑ special warranty deed ❑ other , free of liens, easements and 76 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 77 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 78 matters to which title will be subject) 79 80 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 81 Property as 82 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 83 and pay for the title search and closing services. Seller will, at (check one) ❑ Seller's ❑x Buyer's expense and 84 within 5 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 85 ❑ (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 86 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 87 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 88 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. E (ii.) an 89 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 90 However, if such an abstract .l taaailable to Seller, then a prior owner's title policy acceptable to the proposed Buyer (_) �) and Seller(_ ( ) a nowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC -6 Rev. 3/25 022025 Florida Realtors* SedaW: 0120204=1754M?13 rm 1 iimpllicity Docusign Envelope ID: C4646808-2619-436D-8A50-5AB4A82D3F11 91 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 92 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or 93 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 94 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title. 95 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 96 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 97 Buyer delivers proper written notice and Seller cures the defects within 5 days from receipt of the notice 98 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 99 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 100 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 101 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 102 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept 103 title subject to existing defects and close the transaction without reduction in purchase price. 104 (c) Survey: (check applicable provisions below) 105 ❑X Seller will, within days from Effective Date, deliver to Buyer copies of prior surveys, 106 plans, specifications, and engineering documents, if any, and the following documents relevant to this 107 transaction: 108 109 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 110 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 111 date this Contract is terminated. 112 7 Buyer will, at ❑ Seller's [. Buyer's expense and within the time period allowed to deliver and examine 113 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 114 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 115 accept the Property with existing encroachments ❑X such encroachments will constitute a title defect to be 116 cured within the Curative Period. 117 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress 118 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 119 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 120 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 121 changed since the expiration of the Due Diligence Period. Buyer may elect to terminate the Contract and receive a 122 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 123 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $0.00 (1.5% of 124 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 125 defects in the Property. (Check (a) or (b)) 126 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 127 condition. 128 Ex (b) Due Diligence Period: Buyer will, at Buyer's expense and within 60 days from Effective Date ("Due 129 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 130 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 131 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, 132 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 133 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 134 state and regional growth management and comprehensive land use plans; availability of permits, government 135 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 136 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 137 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 138 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 139 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 140 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 141 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 142 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 143 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from 144 liability to any person, arising riathe conduct of any and all inspections or any work authorized by Buyer. Buyer Buyer �) () and Seller L a nowledge receipt of a copy of this page, which is Page 3 of 8 Pages. CC -6 Rev. 3125 192025 Florida Realtors 5edaW: 0120204XM764938713 rm 1 implicity Docusign Envelope ID: C4646808-2B19-436D-8A50-5AB4A82D3F11 145 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 146 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the 147 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 148 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 149 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 150 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 151 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 152 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 153 to ensure that all Property is on the premises. 154 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 155 business conducted on the Property in the manner operated prior to Contract and will take no action that would 156 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 157 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted ❑x only with 158 Buyer's consent ❑ without Buyer's consent. 159 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 160 the norms where the Property is located. 161 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 162 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 163 mailboxes, and security systems. 164 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 165 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 166 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 167 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 168 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 169 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 170 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 171 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 172 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 173 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 174 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 175 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 176 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 177 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 178 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 179 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 180 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 181 mortgages and notes, security agreements, and financing statements. 182 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 183 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 184 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 185 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 186 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 187 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 188 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 189 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 190 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 191 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 192 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 193 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 194 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 195 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 196 does not apply to condominium association special assessments. Buyer �) ( ) and Seller (_)Lac nowledge receipt of a copy of this page, which is Page 4 of 8 Pages. CC 8.Rev. ...__.__.__..__._._ ✓ Florida Reale __- _. ------- ---_ Serial#: 012020.900175.9838713 l_Ifprm mplicity Docusign Envelope ID: C4646808-2131 9-436D-8A50-5AB4A82D3F1 1 197 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA, 198 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 199 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply 200 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 201 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 202 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 203 requirement. 204 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 205 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 206 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 207 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 208 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 209 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 210 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 211 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 212 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 213 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 214 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 215 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 216 in favor of the prevailing party. 217 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 218 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non - 219 complying party specifying the non-compliance. The non -complying party will have 5 days (5 days if left blank) after 220 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 221 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 222 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 223 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 224 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 225 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 226 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 227 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 228 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 229 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other 230 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 231 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 232 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 233 will be returned in accordance with applicable Florida Laws and regulations. 234 14. DEFAULT: 235 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 236 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 237 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 238 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 239 brokerage fee. 240 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) 241 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 242 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 243 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) 244 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 245 waiving any remedy for Buyer's default. 246 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 247 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 248 attorneys' fees, costs, and expenses. 249 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 250 electronic means. Parties agree to Q�.pll notices to addresses specified on the signature page(s). Any notice, Buyer (_) �) and Seller ( ( ) a nowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC -6 Rev3/25 ®2025 Fonda Realtors! _ sedaW: 012020-9001176ta9ena ffpprm 1 Simplicity Docusign Envelope ID: C4646808-2B19-436D-8A50-5AB4A82D3F11 251 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 252 representing a party will be as effective as if given by or delivered to that party 253 17. DISCLOSURES: 254 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 255 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 256 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 257 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 258 attach to any interest in real property. This lien right cannot be waived before the commission is earned. 259 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 260 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 261 liens, if any, shall be paid as set forth in Paragraph 9(e). 262 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 263 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 264 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 265 and radon testing may be obtained from your county public health unit. 266 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 267 Section 553.996, Florida Statutes. 268 18. RISK OF LOSS: 269 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 270 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to 271 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 272 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 273 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 274 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 275 the Buyer. 276 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 277 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 278 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 279 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 280 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate 281 with and assist Buyer in collecting any such award. 282 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑ is not 283 assignable X is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 284 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This 285 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 286 assignment is permitted). 287 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 288 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 289 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 290 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 291 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 292 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 293 construed under Florida law and will not be recorded in any public records. 294 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 295 licensed real estate Broker other than: 296 (a) Seller's Broker: (Company Name) (Licensee) 297 (Address, Telephone, Fax, E-mail) 298 who ❑ is a single agent ❑ is a transaction broker ❑ has no brokerage relationship and who will be compensated by 299 ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other (specify) 300 301 Initial 302 (b) Buyer's Broker: COL�L<gLINTERNATIONAL GERARD YETMING Buyer () ( )and Seller ( N — ) ar-knowledge receipt of a copy of this page, which is Page 6 of 8 Pages -------- ---__. __........_....._._ _ .--5F Mk.IorideReeltOts� Seda01Z020.Y0017i-998713. (pprm lic l�Simprty Docusign Envelope ID: C4646808 -2B1 9-436D-8A50-5AB4A82D3F1 1 (Company Name) (Licensee) 303 801 Brickell Ave Ste900 Miami, FL 33131 305-342-5059 Gerard.Yetming@colliers.com (Address, Telephone, Fax, E-mail) 304 who ❑ is a single agent [XI is a transaction broker ❑ has no brokerage relationship and who will be compensated by 305 ❑ Seller's Broker ❑ Seller ❑x Buyer ❑ both parties pursuant to ❑ other (specify) 306 This contract 4% of purchasing price payable at closing 307 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 308 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 309 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 310 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 311 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 312 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 313 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 314 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 315 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 316 this Contract): 317 ❑ (A) Arbitration ❑ (E) Seller Warranty ❑ (1) Existing Mortgage 318 ❑ (B) Section 1031 Exchange ❑ (F) Coastal Construction Control Line ❑ (J) Buyer's Attorney Approval 319 ❑ (C) Property Inspection and Repair ❑ (G) Flood Area Hazard Zone ❑ (K) Seller's Attorney Approval 320 ❑ (D) Seller Representations ❑ (H) Seller Financing ❑ Other 321 322 323 324 325 326 327 328 329 330 331 23. ADDITIONAL TERMS: 332 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 333 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 334 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 335 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 336 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 337 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER 338 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 339 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 340 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 341 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 342 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 343 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. Initial Buyer (� U and Seller ( ) acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. cc -6 Rev. 3125 02025 Florida Realtors• SeriaW:012020-900175.9938713 ffJrorrin 1 simplicity Docusign Envelope ID: 04646808-2619-436D-8A50-5AB4A82D3F11 344 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 345 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 346 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 347 to do so. 348 349 350 351 352 353 354 355 356 357 358 ATTENTION: SELLER AND BUYER CONVEYANCES TO FOREIGN BUYERS: Part III of Chapter 692, Sections 692.201 - 692.205, Florida Statutes, 2023 (the "Act"), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by certain buyers who are associated with a "foreign country of concern", namely: the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicoli4s Maduro, or the Syrian Arab Republic. It is a crime to buy or knowingly sell property in violation of the Act. At time of purchase, Buyer must provide a signed Affidavit which complies with the requirements of the Act. Seller and Buyer are advised to seek legal counsel regarding their respective obligations and liabilities under the Act. (Signature of Buyer (Typed or Printed Name of Buyer) 359 Title: 360 (Signature of Buyer Date: Tax ID No.: Telephone: Date: 361 Tax ID No.: (Typed or Printed Name of Buyer) 362 Title: 363 Buyer's Address for purpose of notice Telephone: 364 Facsimile' D ... Signed by: Email: 365 V` Date: (Signature of a ler 366 John Luther Tax ID No.: 10/8/2025 (Typed or Printed Name of Seller) 367 Title: Owner Telephone: 772-563-7478 368 Date: 369 (Signature of Seller) (Typed or Printed Name of Seller) 370 Title: 371 Seller's Address for purpose of notice: 372 Facsimile: Tax ID No.: Telephone: Email: Florida REALTORS` makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR'. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who aremembers qj.& NATIONAL ASSOCIATION OF REALTORS'and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Ccf orbid t e unauthorized reproduction of this form by any means including facsimile or computerized forms. � Buyer ( ) ( ) and Seller ( ) ge receipt of a copy of this page, which is Page 8 of 8 Pages CC -6 Rev. 3/25 02025 Florida Realtors" Serial* 012020-900175-9938713 1 rm Simplicity Indian River County, Florida *roA * MEMORANDUM File ID: 25-0983 Type: Attorneys Matters TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Jennifer W. Shuler, County Attorney FROM: Christopher A. Hicks, Assistant County Attorney DATE: October 13, 2025 Indian Ri er-C oun d ty Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 10/21/2025 SUBJECT: Sale of Property at 8811 Highway AlA to Sea Oaks Property Owners Association, Inc. BACKGROUND In 1988 Indian River County purchased 2.41 acres of property from the developer of Sea Oaks that contained a wastewater treatment facility for $3.1 million. The County operated the wastewater facility until it no longer became useful as services were provided from more centralized locations. Sea Oaks currently leases space on the County's land for maintenance and office buildings. The County entered a lease with Verizon Wireless in 2007 to use a portion of the land to construct a cell tower and associated equipment, which now includes multiple carriers. This is the only wireless tower on the northern barrier island. The current lease, if not renewed, would expire in 2032. However, Verizon and the other carriers would undoubtedly renew as this being the only tower makes the site very lucrative to them. Because the land was no longer useful to the County for utility purposes, upon the request of Sea Oaks, through its attorney, Bruce Barkett, the BOCC declared the land surplus on June 18, 2024. The Board further directed staff to negotiate with Sea Oaks for a potential sale of the property. There are structures related to the wastewater treatment facility present on the site. Sea Oaks presented its offer in August of 2024. This offer was for the appraised value of $1.2 million and included deductions for site work to remove the existing structures, bringing the offer down to a price of $852,749. The appraisal excluded the tower as an asset and the offer included contract language that the wireless tower would be demolished after the expiration of the lease in 2032. The County completed its own appraisal in October that valued the property (also without the tower) at $1.8 million. Sea Oaks noted several items that it believed were deficient in the County's appraisal. The parties met in January of 2025 to discuss the matter, and Sea Oaks presented a new offer of $859,700. Staff informed Sea Oaks that any sale would be contingent upon either a 99 -year or perpetual easement of the tower lease property, both to make sure that the taxpayers are receiving maximum benefit from their investment and that the residents of the barrier island have adequate access to wireless coverage for emergencies and basic Indian River County, Florida Page 1 of 2 Printed on 10/16/2025 poIs" icy LegistarTM communication. At this meeting County staff agreed in principle to recommend the Sea Oaks offer to the Board contingent upon the easement and a few other terms. The sale of the easement for the tower site was complete in early September 2025 to Wireless Edge, Inc. The County is now ready to move forward with the sale of the remaining surplus property to Sea Oaks Property Owners Association, Inc. ANALYSIS The property is no longer useful to the County and Sea Oaks is the only adjoining property owner. The price reflects a fair agreement based upon the condition of the site and the work needed to clear the existing structures. BUDGETARY IMPACT Proceeds received from the sale of the land totaling $859,700 will be deposited into the Utilities/Miscellaneous/Land Sales account 471038-364020. FUTURE BOARD ACTIONS There will be further improvements necessary that will be brought before the Board for approval. PREVIOUS BOARD ACTIONS The Board approved staff negotiating the sale of the property on June 18, 2024 The Board approved the sale of the easement on August 19, 2025. STAFF RECOMMENDATION County staff recommends that the Board agree to the sale of the surplus property to Sea Oaks and authorize all steps necessary to complete and close the contract. Indian River County, Florida Page 2 of 2 Printed on 10/16/2025 P0 lit 4 LegistarT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Vacant Land Contract Sale and Purchase ("Contract"): Indian River County, a political subdivision of the State of Florida ("Seller') and Sea Oaks Property Owners Association, Inc., a non-profit corporation ("Buyer') (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Proper" descnbed as: Address: 8811 Highway AM, Vero Beaclk Legal Description: Part of government Lot 2 S�rfittr�, Townshia 31 South. Range -39 Eat3t SEC 25 nW 131 IRNG 39 of Indian River _ County, Florida. Real Property ID No.: including all improvements existing on the Property and the following additional property: SEEADDENDUM 2. Purchase Price: (U.S. currency).......................................................--.............----.....-............... All deposits will be made payable to "Escrow Agent" named below and held in escrow by: Escrow Agent's Name: Collins Brown Barlett, Chartered Escrow Agent's Contact Person; Bruce Barkett Escrow Agent's Address: 750. BearhdandBlvd., Vero Beach, FL', _ Escrow Agent's Phone: 772-231-4343 Escrow Agent's Email: bbarkeft0venolaw,com $ 859,700.00 (a) Initial deposit ($0 if left blank) (Check if applicable) - ❑ accompanies offer 0 will be delivered to Escrow Agent within .41110 (3:41111" If left blank) after Effective Date....to .-..-......_......... $ 42,980.09 re (b) Additional deposit will be delived Escrow Agent (Check N applicable) Xwithin 3 days (10 days if left blank) after Effective Date ❑ within -.,.days (3 days if left blank) after expiration of Due Diligence Pertad ;,..��.;� (c) Total Financing (see Paragraph 6) (express as a dollar amount or percentage) ..........:::..:. (d) Other. .....,...d (e) Balance to dose (not including Buyer's dosing costs, prepaid items, and proratio to be paid at closing by wire transfer or other Collected funds—,; . ........ o.— ................... 811720.00 32 (f) 0 (Complete only if purchase price will be determined based on a per unit cost instead of a fbo>ad price.) The 33 unit used to determine the purchase price is ❑ lot O acre d square foot 0 other (specify): 34 prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 8(C). The following rights of way and other areas will be excluded from the 37 calculation: 38 3. Time for Acceptance; Effective bate: unless this offer is signed by Seller and Buyer and an executed copy 39 delivered to all parties on or before October 10, 2025, this offer win be withdrawn and Buyer's deposit, if any, 40 will be returned. The time for acceptance of any counter-offer will be 3 days after the date the oDunter-offer is 41 delivered. The "Effective Date" of this Contract is the date an which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter-offer. as 4. Closing Date: This transaction will close on 5e eAdditidnel'Terms,... ("Closing Date"), unless specifically 44 extended by other provisions of this Contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Due Diligence periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. 51 5, Extension of Closing Date: If Paragraph 6(b) is checked and Closing Funds from Buyer's lender(s) are not 52 available on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements buyer {_) and Setter {_, (.___) acknowledge receipt of a copy of this page, which is 1 of 8 Rages. VAC -Fd Rev 8124 6WtY?4 % iVa ReWCt SS tacensed to Alta Star Sore and ID18"838.472W Software and added formatting ® 2024 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 1315 53 ("CFPB Requirements), if applicable, then Closing Date shall be extended for such period necessary to satisfy 54 CFPB Requirements, provided such period shall not exceed 10 clays. 55 6. Financing: (Check as applicable) 56 (a) 0 Buyer will pay cash for the Property with no financing contingency. 57 (b) ❑ This Contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) 58 specified below ("Financing") within days after Effective Date (Closing Date or 30 days after Effective 59 Date, whichever occurs first, if left blank) ("Financing Period"). Buyer will apply for Financing within 60 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, 61 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 62 Financing within the Financing Period, either party may terminate this Contract and Buyer's deposit(s) will be 63 returned. 64 (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ _ 65 or % of the purchase price at (Check one) ❑ a fixed rate not exceeding - % ❑ an 66 adjustable interest rate not exceeding % at origination (a fixed rate at the prevaiEing interest rate 67 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 68 informed of the loan application status and progress and authorizes the lender or mortgage broker to 69 disclose all such information to Seller and Broker. 70 (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 71 Seller in the amount of S _ _ bearing annual interest at % and payable as follows: 72 73 The mortgage, note, and any security aghwinent will be in a form acceptable to Seller and will follow 74 forms generally accepted in the county where the Property is located; will provide for a late payment fee 75 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 76 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 77 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 78 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 79 to obtain credit, employment, and other necessary information to determine creditworthiness for the so financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not Seller 81 will make the loan. 82 (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 83 84 LN# in the approximate amount of $ currently payable at 85 S per month, including principal, interest, G taxes and insurance, and having a 86 ❑ fixed ❑ other (describe) _ 87 interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the mortgage 88 will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase 89 Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or the 90 assumpbonttransfer fee exceeds S _- , either party may elect to pay the excess, failing 91 which this Contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves 92 Buyer, this Contract will terminate; and Buyer's deposit(s) will be returned. 93 7. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 94 Contract, ❑ may assign but not be released from liability under this Contract, or 18t may not assign this Contract. 95 8. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty 96 deed ❑ special warranty deed j$ other (specify) County need , free of liens, easements, 97 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 98 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 99 other matters to which title will be subject) 100 provided there exists at closing no violation of the foregoing. 101 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and pay 102 for the title search, including tax and lien search (including municipal lien search) if performed, and all other 103 fees charged by closing agent. Seller will deliver to Buyer, at 104 (Check one) Seller's :3 Buyer's expense and 105 (Check one) ❑ within days after Effective Date X at least 20 days before Closing Date, 106 (Check one) 107 (1) X a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 108 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the Buyer f/, 7(t___i and Seller (�) (___} acknoLutedge receipt of a copy of this page. wh°ct is 2 of 8 pages. VAC-14$cx Rev 3,24 4D2024 Flcnda ReattorsO Licensed to Alla Star Software and 107844838.472086 Software and added formatting m 2024 Alta Star Software, all rights reserved. • www,altastar.com • (877) 279-8898 1316 109 Mount of the purchase price for fee simple title subject only to the exceptions stated above. if Buyer is 110 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 111 Buyer within 15 days after Effective Date. 112 (2) Q an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 113 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 114 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will 115 include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 116 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 117 recited to the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 118 then (1) above will be the title evidence. 119 (b) Title Examination: After receipt of the title evidence, Buyer will, within days (10 days if left blank) bUt 120 no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable to 121 Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and Seller 122 cures the defects within _ days (30 days if left blank) ("Cure Period") after receipt of the notice. if the 123 defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice of 124 such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within 125 the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after receipt of 126 notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept title subject 127 to existing defects and dose the transaction without reduction in purchase price. 128 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 129 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 130 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 131 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 132 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 8(b). 133 (d) ingress and Egress: Seller warrants that the Property presently has ingress and egress. 134 9. Property Condition: Seiler will deliver the Property to Buyer at closing in its present "as is" condition, with 135 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 136 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 137 (a) Inspections: (Check (1) or (2)) 138 (1) M Due Diligence Period: Buyer will, at Buyer's expense and within 9(, days (30 days if left blank) 139 ("Due Diligence Period") after Effective Date and in Buyer's sole and absolute discretion, determine 140 whether the Property is suitable for Buyer's intended use. During the Due Diligence Period, Buyer may 141 conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and investigations 142 ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's 143 engineering, architectural, and environmental properties; zoning and zoning restrictions; subdivision 144 statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with 145 local, state, and regional growth management plans; availability of permits, government approvals, and 146 licenses; and other inspections that Buyer deems appropriate. If the Property must be rezoned, Buyer will 147 obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is 148 required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, 149 contractors, and assigns, the right to enter the Property at any time during the Due Diligence Period for the 150 purpose of conducting Inspections, provided, however, that Buyer, its agents, contractors, and assigns 151 enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller 152 harmless from losses. damages, costs, claims, and expenses of any nature, including attorneys' fees, 153 expenses, and liability incurred in application for rezoning or related proceedings, and from liability to any 154 person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will 155 not engage in any activity that could result in a construction lien being filed against the Property without 156 Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (i) repair 157 all damages to the Property resulting from the Inspections and return the Property to the condition it was in 156 before conducting the Inspections and (ii) release to Seller all reports and other work generated as a 159 result of the inspections. 160 Before expiration of the Due Diligence Period, Buyer must deliver written notice to Seller of Buyer's 161 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 162 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 163 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 164 Seller, this Contract will be deemed terminated, and Buyer's deposit(s) will be returned. Buyer ,[G+} (_) and Seller __� acknowledge receipt of a copy of this page. which is 3 of 8 pages. VAC -1•t 'hev 8i2a 02G24 Florida RealtorsO �icens "Alla Star Sohware and 101844838.472086 Software and added formatting (D 2024 Alta Star Software, all rights reserved. - www.altastar.com • 1877) 279-8898 1317 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 (2) ❑ No Due Diligence Period: "r is satisfied that the Property is suitable for Buyer's purposes, including being satisfied that eitpublic sewerage and water are available to the Property or the Property will be approved for the installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, growth management, and environmental conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's intended use of the Property will not be grounds for terminating this Contract if the Due Diligence Period has expired or if Paragraph 9(a)(2) is selected. (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply to improving the Property and rebuilding in the event of casualty. (d) Coastal Construction Control Line ("CCCL")-. If any part of the Property lies seaward of the CCCL as defined in Section 161.053, Florida Statutes, Seiler will provide Buyer �%Ith an affidavit or survey as required by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shore line of the Property being purchased. ❑ Buyer waives the right to receive a CCCL affidavit or survey, 10. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to Broker as per Paragraph 21. In addition to other expenses provided in this Contract. Seiler and Buyer will pay the costs indicated below. (a) Seller Costs: Taxes on deed Recording fees for documents needed to cure title Title evidence (f applicable under Paragraph 8) Estoppel Fee(s) Other: (b) Buyer Costs: Taxes and recording fees on notes and mortgages Recording fees on the deed and financing statements Loan expenses Title evidence (if applicable under Paragraph 8) Lender's title policy at the simultaneous issue rate Inspections Survey insurance Other: (c) Prorations: The following items will be made current and prorated as of the day before Closing Date real estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, and other Property expenses and revenues. If taxes and assessments for the current year cannot be determined, the previous year's rates wit; be used with adjustment for any exemptions. (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but has not resulted in a lien before closing: and Buyer will pay all other amounts. If special assessments may be paid in installments, 13 Seller O Buyer (Buyer if left blank) will pay installments due after closing. If Seller is checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a Homeowners' or Condominium Association. (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY iN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY Buyer �� and Seller L,j L� adcnovAedge receipt of a copy of this Dago, which is d of 8 pages. VAC -t4 Rey 8124 ®2024 Florida Reatlors@ Ucens d to Aft. Star Softvrare an44 d 1018838.472086 ft Soware and added formatting © 2024 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 1318 222 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 223 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 224 COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. 225 (f) Foreign Investment in Real Property Tax Act ("FtRPTA"): If Seller is a 'foreign person" as defined by 226 FIRPTA, Seller and Buyer will comply with FIRPTA, wnich may require Seller to provide additional cash at 227 closing. 228 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously VA* 229 closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"). the other party will cooperate 230 in all reasonable respects to effectuate the Exchange including executing documents, provided, however, that 231 the cooperating party will incur no liability or cost related to the Exchange and that the closing will not be 232 contingent upon, extended, or delayed by the Exchange. 233 11. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 234 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 235 holidays specified in 5 U.S.C. 6103(a). Other than time for acceptance and Effective Date as set forth in Paragraph 236 3, any time periods provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or 237 inserted herein, which shall end or occur on a Saturday, Sunday, or national legal holiday (see 5 U. S.C. 6103) 238 shall extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 239 this Contract. 240 12. Risk of Loss; Eminent Domain: If any porton of the Property is materially damaged by casualty before closing 241 or Seller negotiates with a govemmental authority to transfer all or part of the Property in lieu of eminent domain 242 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 243 terminate this Contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 244 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this Contract and receive 245 all payments made by the governmental authority or insurance company, if any. 24e 13. Force Majeure: Seller or Buyer will not be required to perform any obligation under this Contract or be liable to 247 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 248 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 249 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 250 within the control of Seller or Buyer and which by the exercise of due diligence the non-performing party is unable 251 in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for the period 252 that the act of God or force majeure is in place. However, in the event that such act of God or force majeure event 253 continues beyond 30 days, either party may terminate this Contract by delivering written notice to the other, and 254 Buyer's deposit(s) will be returned. 255 14, Notices: Ali notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 256 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 257 this Contract, regarding any contingency will render that contingency null and void, and this Contract will 258 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received by 259 an attorney or licensee (including a transactions broker) representing a party will be as effective as if 260 delivered to or received by that party. 261 15. Complete Agreement; Persons Bound: This Contract is the entire agreement between Seller and Buyer. 262 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker unless 263 incorporated into this Contract. Modifications of this Contract will not be binding unless in writing, signed or 264 initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 265 Contract, signatures, initials, documents referenced in this Contract, counterparts, and written modifications 266 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 267 Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any 268 provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully 269 effective. Seller and Buyer will use diligence and good faith in performing all obligations under this Contract. This 270 Contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular or 271 plural. This Contract is binding on the heirs, administrators. executors, personal representatives, and assigns, if 272 permitted, of Seller, Buyer, and Broker. 273 16. Default and Dispute Resolution: This Contract will be construed under Florida law. This Paragraph will survive 27A closing or termination of this Contract. 275 (a) Seller Default: if Seller fails, neglects, or refuses to perform Seller's obligations under this Contract, Buyer 276 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting Buyer '(-4 and Seller i _, C_) acknowledge receipt of a copy of this page, which is 5 of 8 pages. VAC -54 Rev 8124 r'�2C24 bio: itla Reattws9 Lcens tc Arta Star Software and M1,844838.47206 Software and added formatting C 2024 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 1319 277 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be 278 liable for the full amount of the brokerage fee. 279 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this Contract, 280 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 281 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 282 consideration for execution of this Contract, and in full settlement of any claims, whereupon Seller and Buyer 283 will be relieved from all further obligations under this Contract; or Seller, at Seller's option, may proceed in 284 equity to enforce Seller's rights under this Contract. 285 17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 286 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 287 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 288 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 289 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 290 upon proper authorization and in accordance with Florida law and the terms of this Contract, including disbursing 291 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 292 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person 293 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this 294 Contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees 295 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed 296 funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 297 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 298 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this 299 Contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 301 property condition, environmental, and other specialized advice. Buyer acknowledges that all representations 302 (oral, written, or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely 303 solely on Seller, professional inspectors, and government agencies for verification of the Property 304 condition and facts that materially affect Property value. Seller and Buyer respectively will pay all costs and 305 expenses, including reasonable attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, 306 agents, and employees in connection with or arising from Seller's or Buyer's misstatement or failure to perform 307 contractual obligations. Seller and Buyer hold harmless and release Broker and Broker's officers, directors, 308 agents, and employees from all liability for loss or damage based on (i) Seller's or Buyer's misstatement or failure 309 to perform contractual obligations; (ii) the use or display of listing data by third parties, including, but not limited to, 310 photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, and remarks related 311 to the Property; (iii) Broker's performance, at Seller's or Buyer's request, of any task beyond the scope of 312 services regulated by Chapter 475, Florida Statutes, as amended, including Broker's referral, recommendation, or 313 retention of any vendor; (iv) products or services provided by any vendor; and (v) expenses incurred by any 314 vendor. Seller and Buyer each assume full responsibility for selecting and compensating their respective vendors. 315 This Paragraph will not relieve Broker of statutory obligations. For purposes of this Paragraph, Broker will be 316 treated as a party to this Contract. This Paragraph will survive closing. 317 20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 318 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 319 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 320 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 321 broker's commission. The broker's lien rights under the act cannot be waived before the commission is eamed. 322 21. Brokers: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to 323 closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage 324 fees as specified in separate brokerage agreements with the parties and cogperative agreements between the 325 Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be 326 used to modify any offer of compensation made by Seller or listing broker to cooperating brokers. 327 NONE _^ NONE _ 328 Seller's Sales Associate/License No. Buyer's Sales Associate/License No. Buyer } (__) and Seller ( j acknowledge receipt of a copy of this page, whid: is 6 of 8 pages. VAC.5aVtx ev6124 E32024RoridaRealtors7J Licensed to Alta Star Software and 1D184483&472086 Software and added formatting © 2024 Alta Star Software, all rights reserved. • www.altastar.com • (B77) 279-8898 1320 329 330 331 332 333 334 335 336 337 338 339 Seller's Sales Associate Email Address Buyer's Sales Associate Email Address Seller's Sales Associate Phone Number Buyer's Sales Associate Phone Number Listing Brokerage Listing Brokerage Address Buyer's Brokerage Buyer's Brokerage Address 340 22. Addenda: The following additional terms are included in the attached addenda and incorporated into this Contract 341 (Check if applicable): 342 ❑ A. Back-up Contract 343 O B. Kick Out Clause 344 kQ C. Other SEE ADDENDUM 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 23. Additional Terms; Closing shall occur no later than thirty f30) days following the Due DifioeflCR d , COUNTER-OFFERlREJECTION 3 Seller counters Buyers offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and deliver a copy of the acceptance to Seiler). Seller rejects Buyer's offer [The remainder of this page is intentionally left blank. This Contract continues with Line 367 on Page 8 of 8,] Buyer 7 (_ I and Seller (__ (__) admowtedge receipt of a copy of this page, which Is 7 of 8 pages. VAD -i4 x Rov 8124 02024 I'londa ReallorsO Licens d to Alta Star Sc'tware and ID1844838.472086 Software and added formatting © 2024 Alta Star Software, all rights reserved. - www.altastar.com - (877) 279-8898 1321 367 This is intended to be a legally binding Contract. If not fully understood, seek the advice of an attorney before 368 signing. 369 370 371 372 373 374 375 376 377 378 ATTENTION: SELLER AND BUYER CONVEYANCES TO FOREIGN BUYERS: Part III of Chapter 692, Sections 692.201 - 692.205, Florida Statutes, 2023 (the "Act'), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by certain buyers who are associated with a "foreign country of concern", namely: the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Madurc, or the Syrian Arab Republic. It is a crime to buy or knowingly sell property in violation of the Act. Sea Oaks Property Owners Association, Inc., a non-profit corporation r 379 Buyer: _ Qd ,"� 380 Print name. Q .- Sat Buyer, Date: 382 Print name: 383 Buyer's address for purpose of notice: 384 Address: 8811 Niahway A1A, Vero Beach FL 32963 385 Phone: Fax: _ Email: Indian River County, a political subdivision of the State of Florida 386 Seller. Date: 387 Print name: Joseph E. Flescher, Chairman of the Board of Tax ID No.: 59-6000674 County Commissioners of Indian River County 388 Seller: Date: 389 Print name: Attec-t_Ryan L. Butler,Clerk of Court a`nd amptrnj1Pr _ 390 Seller's address for purpose of notice: 391 Address: Fl 399�p 392 Phone: 772-2 Fax:_ __.^ Ernail; chicks@indianrivergov F1oriC? REALTORS' makes rio mpresentation as to the toodvMlIftarod9quacy c' any sion of this form in any specific transaction.Thb 81p%WFOW Mow - - not be used in complex transactions or with extensive ridem orN ,:Hs form ave for use by the entire real estate industry andlaQd%#i ltiMidNtlrptl+t user as REALTCR'. REALTOR'is a registered collectlimplllIll 1M1/dIMA1Id1 may b000d be red aha licensees who are membdsW*#WVl is ASSOCIATION OF REALTORS" and wtwsubscr batD ('�adld ih0'�011yl�ditilYaat owm fe-U& Code) forbid the Una utifA ' IIPAOOYI>lOfr6r>ltit form by any means including facs;mile or computerized forms. and Seller () () acknowledge receipt of a copy of this page, which is 8 of 8 pages. ®2024 Flonda Realtorse A►:AM sottwara and IDS844838.472088 . 5001weatldodded formatting d 2024 Alta Star Software, all rights reserved, • www.altastar.com • (877) 279-8898 1322 ADDENDUM NUMBER ONE TO VACANT LAND CONTRACT SELLER: Indian River County, a political subdivision of the State of Florida BUYER: Sea Oaks Property Owners Association, Inc. BROKERS: N/A This Addendum Number One to Vacant Land Contract ("Contr"j,shall modify and amend the said Agreement between the above parties in the following particulars, to wit: SPECIAL CLAUSES: I. LEGAL DESCRIPTION OF PROPERTY AND ADDITIONAL TRANSFERS: A. Seller agrees to sell, and Buyer agrees to purchase that certain real property depicted in Exhibit "A" attached hereto, incorporated herein by this reference, consisting of approximately 2.4 1 acres. Seller shall convey the real property by County Deed at closing and Buyer shall take title subject to that Land Lease Agreement dated February 20, 2007 (Verizon Lease) between County and Verizon Personal Communications LP d/b/a Verizon Wireless (Verizon) and that Tri -Party Lease Agreement (Tri -Party Lease) between County, Verizon, and T -Mobile South LLC, dated December 8, 2007, and also subject to an Easement Agreement between Buyer and Wireless EDGE Towers III, LLC. B. In addition to the foregoing, Seller shall also transfer and assign to Buyer on the Closing Date the following: (i) Improvements. All of Seller's right, title, and interest in any improvements, buildings, structures, and related equipment, wells, timber, natural growth vegetation, (hereinafter referred to as the "Improvements") located in and on the Property; and (ii) Tangible Personal ProapgM. All of Seller's right, title, and interest in all fixtures, equipment, machinery, systems, and other permanently affixed elements located on or about the Property and Improvements or used in the operation and maintenance thereof., (hereinafter the "Tangible Personal Property"); and (iii) Intangible Property. All of Seller's title and interest in all intangible property (the "Intangible Property"), if any, pertaining to the Property, the Improvements, or the Tangible Personal Property or the use thereof, including, without limitation, easements, oil, gas and mineral interests, leases, all present and future use of wastewater, wastewater capacity, drainage, drainage capacity, water, water capacity, or other utility facilities relating to the Property and Improvements; all reservations of, commitments for, and letters covering any such use, whether or not the same are being currently used to the fullest extent available; approvals, licenses, authorizations, pen -nits. and applications with or from governmental authorities related to or benefiting the Property and the Improvements. References to "Property" within this Contract shall be collectively deemed to include the real property, the Improvements, Tangible Personal Propem• and Intangible Properv, referred to above. C. The Seller agrees to close out any permits, whether expired or open, at the seller's expense prior to closing relating to the property. 2. SELLER REPRESENTATIONS: A. Seller represents and warrants to the Buyer as follows: (i) Seller has full power and authority to execute and deliver this Contract and to consummate 13231 the transaction contemplated hereunder. (ii) Seller is not a party to any pending suit or action by any third party or governmental body, including administrative proceedings; there are no judgments, decrees, rulings, writs, orders, injunctions or other judicial, administrative or arbitration mandates outstanding against Seller; and Seller has no notice of any alleged city, state, federal, building, zoning, fire or health codes, regulations or ordinance violations filed or issued with regard to the Property; and (iii) Seller will deliver to Buyer, at the Closing Date, good and marketable title to the Property, free and clear of all encumbrances except real property taxes for the current year not yet due and payable, existing zoning. land use and governmental regulations. (iv) Seller owns all oil, gas, and mineral rights and interests appurtenant to the Property, and there has been no severance of the surface/subsurface estate or title to the Property; and (v) The Property is not subject to any claimed or threatened violations of environmental laws, statutes or regulations and Seller has received no notice of the same from any governmental agency; and (vi) There are no special assessments, condemnation or eminent domain proceedings pending or threatened with regard to the Property; and (vii) Seller has received no notice of any default or breach by Seller of any covenants, conditions, restrictions, or easements affecting the Property, or any portion thereof; and (viii) At the time of closing the Property shall have full, free and uninterrupted access to and from all streets and rights of way adjacent to the Property, and Seller has no knowledge of any fact or condition which would result in the termination or impairment of such access. 3. GOVERNING LAW/JURISDICTION: This Contract shall be interpreted pursuant to provisions of the laws of the State of Florida. In the event of any litigation arising out ofthis Contract, Seller and Buyer stipulate and agree that jurisdiction and venue for the same shall lie in Indian River County, Florida. 4. SURVIVAL OF REPRESENTATIONS AND TERMS: A. The representations and warranties of Seller shall be true and correct on and as of the Closing Date with the same force and effect as if such representations and warranties had been made on and as of the Closing Date. Seller, by having closed the sale of the Propert}, shall be deemed conclusively to have certified at closing that all representations and warranties were true and correct on and as of the Closing Date. and such representations and warranties shall survive the closing of the transaction contemplated by the Contract and the Closing Date for a period of one (1) year. B. In the event any term, provision, or condition set forth herein or in the Contract requires the action or performance by Seller or by Buyer after the Closing Date or the forbearance of an action or perfonnance by Seller or by Buyer after the Closing Date, then such action or performance or the forbearance of the same shall survive the Closing Date and the dosing of the transaction contemplated by the Contract and this Addendum. 5. ENTIRE AGREEMENT: Except as specifically stated herein. the Contract and this Addendum constitute the entire agreement between the parties and supersedes all agreements, representations. warranties, statements. promises and understandings not specifically set forth in this Contract or in the certificates or documents delivered in connection herewith. Neither party has in any way relied, nor shall in any way rely upon any oral or written 1324 agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Contract and attached Addenda 6. BROKERS COMMISSION: The parties hereby agree and represent that they have not utilized the services of a Real Estate Broker and/or Salesperson with regard to this transaction and that neither party hereto is indebted to or otherwise liable to any party for a commission or other compensation related to the procurement of this transaction. Each party hereto agrees to indemnify and hold harmless the other party for any claims for a commission or other compensation by any third party resulting from the indemnifying party's actions or inactions. 7. INTEGRATION: This Addendum Number One shall be and is hereby made a part of the Contract between the parties executed simultaneously herewith. The terms of this Addendum supersede those inconsistent terms contained in the printed form Contract and in the event of a conflict between the terms of this Addendum and the printed form Contract, the provisions of this Addendum shall control. "SELLER" INDIAN RIVER COUNTY By: Joseph E. Flesher, Chairman of the Board of County Commissioners of Indian River County Attest: Ryan L. Butler, Clerk of Court and Comptroller Tax ID No.: 59-6000674 Telephone: 772-266-1426 Address: 1801 271 Street, Vero Beach, FL 32960 Email: chicksZbindianriver.eov Approved as to Form and Legal sufficiency: LIM Christopher A. Hicks Assistant County Attorney "BUYER" SEA OAKS PROERTY OWNERS ASSOCIATION, INC By: �-- J (Z ?ra5je4�t ) Scaw Ua.�s ,ytoyno C) tAJ ^Q (' . 1325 �`Vll EXHIBIT A LEGAL DESCRIPTION