HomeMy WebLinkAbout05/19/2026Board of County Commissioners
Indian River County, Florida
41VEJZ Board of County Commissioners Meeting Agenda
Tuesday, May 19, 2026 - 9:00 AM
* jt Commission Chambers
ORIT%� Indian River County Administration Complex
1801 27th Street
Vero Beach, Florida 32960
Indian River County Website
County Commissioners
Deryl Loar, District 4, Chairman John A. Titkanich, Jr., County Administrator
Laura Moss, District 5, Vice Chairman Jennifer W. Shuler, County. Attorney
Susan Adams, District 1 Ryan L. Butler, Clerk of the Circuit Court and
Joseph Flescher, District 2 Comptroller
Joseph H. Earman, District 3
1. Call to Order
2. A Moment of Silent Reflection for First Responders and Members of the Armed
Forces Followed by the Invocation
Invocation delivered by Rev. Dr.. Crystal Bujol
3. Pledge of Allegiance
Commissioner Joseph E. Flescher
4. Additions / Deletions to the Agenda / Emergency Items
5. Proclamations and Presentations
S.A. Presentation of Proclamation Recognizing National Safe Boating Week
S.B. Presentation of Proclamation RecognizingMental Health Awareness Month
S.C. Presentation of Proclamation Honoring Peyton Cooper as the 2026 Youth: of the
Year
S.D. Presentation from Public Works to the Board
6. Approval of Minutes
6.A. Regular Meeting Minutes of April 21, 2026
7. Information Items From Staff or. Commissioners Not Requiring Board Action
7.A. Notice of Third Extension to Contract for Construction of Required Roadway
Developer: GRB GHQOLUCAYA POINTE, 3I525 -Pro ect: Luca a:Pointe �
ImprovementsPh. Y ) J y
Page: 1 of 386
:
7.B. Announcement of District 5 CSAC Appointee, Ms. Mariam Michael
7.C. Route 60 Hyundai Parks, Recreation & Conservation Department Sponsorship
7.1). Request for Closed Litigation Session - Indian River County vs. Twenty -Two
Beachfront Properties, Located Between, And Including, 9586 Doubloon Dr., And,
But Not Including, 1820 Wabasso Beach Rd., Vero Beach, Florida, 32963; And
Summerplace Improvement Association, Inc.Case No.: 31 -2018 -CA -000881
8. Public Comment: Agenda -Related Matters (Except fox Public Hearings)
9. Consent Agenda
9.A. First Amendment to Agreement for Continuing Professional Surveying and Mapping
Services (RFQ 2022064)
9.B. Designation of Excess Equipment as Surplus and Authorization for Disposal
9.C. Extension and Amendment to Agreement for Disaster Debris Monitoring Services
(RFP 2019062)
9.D. Amendment No. 2 to RFQ No. 2022072 (IRC -1505B)
Conor North America, Inc. (f/k/a Consor Engineers, LLC)
CEI Services for 66th Avenue (69th Street to CR-510/85th Street)
9.E. Unrivaled Baseball Network License Agreement
9.F. Jones' Pier Interpretive Center Release of Retainage to Ritacco and Chan
Architecture LLC — Bid 2024014
9.G. Award of Bid 2025056 for Replacement of (4) Sodium Hypochlorite Storage Tanks
9.H. License Agreement for Resident Deputy at Donald MacDonald Campground
9.I. General Obligation Bonds Series 2026 Supplemental Resolution
10. Constitutional Officers and Governmental Agencies
10.A. Request for Emergency Repairs to the Correctional Facility Fire Suppression System
11. Public Items
1 LA. Public Hearings
L Local Option Gas Tax Interlocal Agreement/Ordinance Adoption (Legislative)
ii. Reams Glen Amended and Reinstated Developer Agreement
iii. Ordinance Authorizing the Extension of a Temporary Moratorium on Zoning
Changes and Comprehensive Plan Amendments in the Oslo -Corridor Study
Area (Legislative)
11.B. Public Notice Items
12. County Administrator Matters
Page 2 of 386
13. Departmental Matters
13.A. Building and Facilities.Services
13.B. Community Services
13.C. Emergency Services
13M. Human Resources
i. Group Health Insurance Recommendations for Plan Year FY26/27
13.E. Information Technology
13.F. Natural Resources
13.G. Office of Management and Budget
13.H. Parks, Recreation, and Conservation
13.I. Planning and Development Services
13.J. Public Works
13.K. Sandridge Golf Club
13.L. Utilities Services
14. County Attorney Matters
14.A. Vero Lakes Estate MSTU Advisory Committee (VLEMSTUAQ Vacancies
Appointments
15. Commissioners Matters
15.A. Commissioner Deryl Loar, Chairman
15.B. Commissioner Laura Moss, Vice Chairman
15.C. Commissioner Susan Adams
i. Update on District 1
15.D. Commissioner Joseph E. Flescher
15.E. Commissioner Joseph H. Earman
16. Special Districts and Boards
16.A. Emergency Services District
16.B. Solid Waste Disposal District
i. Annual CPI Adjustment for SWDD Agreements
16.C. Environmental Control Board
Page 3 of 386
17. Public Comment: Non -Agenda -Related Matters
18. Adjournment
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide
an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including
those matters on the Consent Agenda. Public comment' shall also be heard on any proposition which the Board is to
take action which was either not on the Board agenda or distributed to the public prior to the commencement of the .
meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will
be based.
Anyone: who needs a special accommodation for thismeeting may contactthe 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. The full agenda is also available for review
in the Board of County Commission Office, the Indian River County Main Library, and the North County Library.
Commission Meetings are broadcast live on the County website under IRCTV and the Cablecast Streaming
App, available for download on iOS App Store, Google Play Store, ROKU, Fire TV, and Apple TV.
Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at
6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at
12:00 Noon to 5:00 p.m.
Page 4 of 386
VER
z° Gia Indian River
County, Florida
0RID ' Memorandum
File ID: Type:
2026-671 Proclamations and
Presentations
To:
Through:
From:
Date:
Subject:
Background:
Analysis:
Budgetary Impact:
Board of County Commissioners
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
Indian River County Website
Meeting Date:
May 19, 2026
31
Ashley Brown, Commissioner Assistant
05/06/2026
Presentation of Proclamation Recognizing National Safe Boating Week
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Recommend read & present.
Attachments:
Page 5 of 386
05.19.26 National Safe Boating Week
Page 6 of 386
ProcCamatt'oon
DECLARING MAY 16-22, 2026 AS NATIONAL SAFE BOATING WEEK
-Whereas, recreational boating and paddling is a popular pastime in our community, enjoyed by
residents and visitors alike; and
-Whereas, safe boating and paddling practices and the consistent use of life jackets are
essential to preventing accidents and saving lives on our waterways; and
-Whereas, the United States Coast Guard Auxiliary, in partnership with local agencies and
organizations, is dedicated to promoting boating safety through education, vessel safety checks, and public
outreach; and
-Whereas, National Safe Boating Week, observed May 16 through May 22, 2026, serves as an
annual reminder for all boaters and paddlers to practice safe boating and paddling habits and to always
wear a life jacket while on the water; and
-Whereas, the National Safe Boating Week theme, "Wear It!," emphasizes the importance of life
jacket use and encourages all boaters and paddlers to set a positive example for others.
Naw, therefore, be it Proclaimedby the Board of County Commissioners of Indtan
River County, FCorida, that May 16 through May 22, 2026, be designated as National Safe Boating
Week, and we urge all citizens to support boating safety efforts, participate in boating safety education,
and always wear a life jacket while boating and paddling.
Adopted this 19th day of May, 2026. BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Deryl Loar, Chairman
Laura Moss, Vice Chairman
Susan Adams
Joseph E. Flescher
Joseph H. Earman
Page 7 of 386
Indian River County
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Indian River1801.
i1thstreet
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County, Florida
s
Vero Beach, Florida 32960
Indian River County Website
Memorandum
File ID: Type:
Meeting Date:
2026-673 Proclamations and
May 19; 2026
Presentations
To:
Board of County Commissioners
Through:
\
From:
Ashley Brown, Commissioner Assistant
Date:
05/06/2026
Subject:
Presentation of Proclamation Recognizing Mental
Health Awareness
Month
Background:
Analysis:
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Recommend read & present.,
Page 8 of 386
Attachments:
05.19.26 Mental Health Awareness Month
Page 9 of 386
ProcCamatt'oon
RECOGNIZING MENTAL HEALTH AWARENESS MONTH, MAY 2026
-Whereas, mental health is essential to overall health and well-being, influencing how individuals
think, feel, act, make decisions, and maintain physical health; and
Whereas, nationally, 1 in 4 adults in the United States experiences a mental health illness each
year, affecting millions of individuals and families across the nation, and an estimated 58-63% of
adults in Florida with a mental illness do not receive treatment; and
Whereas, federal health data also finds roughly 19.2% of adolescents report depression symptoms
in a given period; and
-Whereas, despite improvements in health insurance coverage, approximately 8% (27.2 million) of
Americans remain uninsured, creating ongoing barriers to accessing essential mental health services, and
Florida continues to rank among the lowest states nationwide for access to mental health care; and
-Whereas, social stigma, financial challenges, and limited awareness remain significant obstacles
to seeking help, and communities must respond through education, outreach, prevention efforts, and
expanded access to care; and
-Whereas, promoting mental wellness requires the collective commitment of residents, healthcare
providers, educators, businesses, and community leaders to ensure compassionate support and
accessible resources for all; and
-Whereas, the Commissioners of Indian River County are dedicated to fostering a community that
supports mental wellness by promoting access to treatment, strengthening educational resources, and
encouraging opportunities that advance mental health and resilience for all citizens.
Naw, therefore, 6e it Proclaimed 6y the Board of County Commissioners of Indian
River County, ,Florida, that we recognize May 2026 as Mental Health Awareness Month.
Adopted this 19th day of May, 2026. BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Deryl Loar, Chairman
Laura Moss, Vice Chairman
Susan Adams
Joseph E. Flescher
Joseph H. Earman
Page 10 of 386
E/t co
`j
Indian River County
Administration Complex
0 2a Indian River
1801 27th Street
County, Florida
Vero Beach, Florida 32960
Indian River County Website
ORI�� Memorandum
File ID: Type:
Meeting Date:
2026-674 Proclamations and
May 19, 2026
Presentations
To: Board of County Commissioners
Through:
From: Ashley Brown, Commissioner Assistant
Date: 05/06/2026
Subject: Presentation of Proclamation Honoring Peyton Cooper as the 2026 Youth
of the Year
Background:
Analysis:
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Recommend read & present.
Se,
Page 11 of 386
Attachments:
05.19.26 Peyton Cooper
Page 12 of 386
Proclamation
HONORING PEYTON COOPER AS THE 2026 YOUTH OF THE YEAR
Whereas, the Boys & Girls Clubs of Indian River County is dedicated to inspiring and enabling all
young people to reach their full potential as productive, caring, and responsible citizens; and
'Whereas, the Youth of the Year title is the most prestigious honor bestowed upon a Club
member, recognizing outstanding contributions to a member's family, school, community, and Boys &
Girls Club, as well as personal challenges overcome; and
Whereas, Peyton Cooper has been selected as the 2026 Youth of the Year for Indian River County,
representing the epitome of hard work, resilience, and leadership; and
`Whereas, Peyton Cooper has shown exceptional academic initiative by earning her high school
diploma from Vero Beach High School and an Associate's Degree from Indian River State College
simultaneously; and
-Whereas, she has further distinguished herself by successfully obtaining her Certified Nursing
Assistant certification, proving her commitment to a career of service and the well-being of others; and
Whereas, Peyton Cooper will attend the University of South Florida this summer pursuing a pre-
med degree; and
Whereas, Peyton Cooper serves as a beacon of hope and a role model for her peers,
demonstrating that with dedication and the support of the Boys & Girls Club, great futures are truly within
reach.
Naw, therefore, 6e it Proclaimed 6y the Board of County Commissioners of Indian
River County, Florida, that we recognize and applaud Peyton Cooper's accomplishments and extend
our heartfelt wishes for success at the University of South Florida this summer.
Adopted this 19th day of May, 2026. BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Deryl Loar, Chairman
Laura Moss, Vice Chairman
Susan Adams
Joseph E. Flescher
Joseph H. Earman
Page 13 of 386
�V C� Indian River County
O_ Administration Complex
as Indian River 1801 27th Street
Vero Beach, Florida 32960
County, Florida Indian River CotmtyWebsite
�LpIl1Q' Memorandum
File ID: Type: Meeting Date:
2026-666 Proclamations'and May 19, 2026
Presentations
To: Board of County Commissioners
Through:
From: Elizabeth Cayson, Community Affairs. Manager, Ron Jones, Public Works
Director
Date: 05/05/2026
Subject: Presentation from Public Works to the Board
Background:
Presentation from Staff to Board of County Commissioners
Analysis:
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Staff to read and present to Board.
ED
Page 14 of 386
Attachments:
None
Page 15 of 386
-o .Iq,2& T-1PM9-,F
Archived: Monday, June 8, 2026 4:10:35 PM
From: Bethany Fortunato
Mail received time: Fri, 24 Apr 2026 19:0433
Sent: Fri, 24 Apr 2026 15:02:06
To: Yaima Cardenas
Cc: Deryl Loar Kim Moirano Tressa Brewer Ashley Brown Max Sherman Marianne Thomas Kathleen Ardon
Subject: Re: Affordable Housing Presentation
Importance: Normal
Sensitivity: None
Attachments:
Zoning Districts Map with 1840 25th Street.pd
\cbpat3\gICAUTION: This message is from an external source. Please use caution when opening attachments or clicking links.
Good afternoon, Yaima-
Attached are the two visuals that I would like to have available for viewing during my presentation. The first is an aerial of the subject property with the
RM — 10/12 zone outlined to the south and the second is a zoning map for the City of Vero Beach. Please let me know if these formats will work or if
you need them in a different format.
Thank you and have a great weekend!
Bethany Fortunato
941.730.3476
From: Yauna Cardenas
Date: Monday, April 20, 2026 at 1:50 PM
To: Bethany Forttmato
Cc: Deryl Loar, Kim Moirano , Tressa Brewer, Ashley Brown, Max Sherman, Marianne Thomas , Kathleen Ardon
Subject: Affordable Housing Presentation
Good afternoon, Bethany,
Thank you for following up.
Chairman Loar has approved for you to provide a briefpresentation, no more than 7 minutes, at the May 19 BOCC meeting.
At your earliest convenience, please share your presentation with our office so we can coordinate accordingly and ensure everything is properly
scheduled.
Please let me know if you have any questions.
Best regards,
lgc alma Cardenas
Y
Assistant to Chairman Deryl Loar, District 4
Commissioner
Board of County Commissioners Indian River County
\qc
1801 27th Street, Bldg. A _ I
lqc ero Beach, FL 32960
ffice: (772)226-1440
PLEASENO7E: Florida has a very broad public records law. Most written communications to or from County officials regarding
county business are considered to be public records and will be made available to the public and the media upon request. Your
email messages may, therefore, be subject to public disclosure.
A Please consider the environment before printing this e-mail, Think Green!
From: Bethany Fortunato
Sent: Monday, April 20, 2026 12:51 PM
To: Deryl Loar
Subject: Fwd: 1840 25th Street
g`8it66merits or clicking links.
Commissioner Loar,
Good afternoon. Circling back on this as I haven't heard back from you. I also left a message at your office on Friday. Please let me know when I
can get on the Com mission's Agenda.
I look forward to hearing back from
Bethany Fortunato
941.730.3476
Begin forwarded message:
\sb240From: Bethany Fortunato <bethanyfort unato cl =itcom>
Date: April 14, 2026 at 1:26:37 PM EDT
To: dloar(&indianriver.gov
Subject: 1840 25th Street
\sb240
Good afternoon, Chairman Loar-
In continuation of our conversation last week, I would like to get on the Commission's Agenda at the next available opportunity to discuss
the County property located at 1840 25th Street being used for affordable housing. I have spoken with each of the City Council members
along with the Planning Director and they are all in favor of it being rezoned to RM -10, which is compatible with the property directly to the
south.
Please let me know if you need anything from me prior to the meeting. I'm very excited about helping to facilitate an affordable housing
development at this location!
Thank you for your support.
Bethany Fortmato
941.730.3476
15- 2
Indian River County is launching a Plan Review and Pennitting Customer Satisfaction Sumiy, to assess our service delivery. Your feedback will help
the County refine/elevate customer satisfaction service delivery. Customers have the choice to share their experiences with the County's plan review
and permitting process anonymously. Survey results willprovide insight into the experiences customers have with the various divisions involved in the
review and permitting process. Take the Permitting Customer Satisfaction Survey
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Indian River
County, Florida
OMemorandum
File ID: Type:
2026-680 Approval of Minutes
To:
Through:
From:
Date:
Subject:
Background:
Analysis:
Budgetary Impact:
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
Indian River County
Meeting Date:
May 19, 2026
Board of County Commissioners
Terri Collins -Lister, Supervisor to the Clerk to the Board
Randi Wardlow, Recording Secretary
05/07/2026
Regular Meeting Minutes of April 21, 2026
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Approve
Attachments:
1. 04212026 BCC Draft
Page 16 of 386
�vERco
Indian River County, Florida
G
2�
Meeting Minutes - Draft
�O
Board of County Commissioners
Deryl Loar, District 4, Chairman
Laura Moss, District 5, Vice Chairman
Susan Adams, District 1
Joseph Flescher, District 2
Joseph H. Earman, District 3
John A. Titkanich, Jr., County Administrator
Jennifer W. Shuler, County Attorney
Ryan L. Butler, Clerk of the Circuit Court and Comptroller
Tuesday, April 21, 2026
1. Call to Order
Present: 5
Chairman Deryl Loar
Vice Chairman Laura Moss
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Joe Earman
9:00 AM
Indian River County Administration
Complex 1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Commission Chambers
2. A Moment of Silent Reflection for First Responders and Members of the Armed Forces Followed
by the Invocation
3. Pledge of Allegiance
4. Additions / Deletions to the Agenda / Emergency Items
A motion was made by Commissioner Flescher, seconded by Chairman Loar, to approve the
Agenda as amended, deleting Item S.F. and postponing Item 9.J. The motion Passed by the
following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
5. Proclamations and Presentations
S.A. Presentation of Proclamation Designating April 22, 2026 as Administrative Professionals Day
Commissioner Adams expressed appreciation for Administrative Professionals who served as the
backbone of the work accomplished in government and business, and were often unsung heroes.
Maya Miller represented administrative staff, noting this was her 23rd anniversary with the
County, and thanked the Board for the recognition.
Read and presented by Commissioner Adams
S.B. Presentation of Proclamation Designating April 2026 as Water Conservation Month
Page 18 of 386
Director of Utility Services Sean Lieske expressed appreciation for recognizing the importance of
water conservation, noting that much of the state was currently experiencing a significant drought.
He reminded the public of the importance of using water wisely and of the requirement to avoid
irrigation between 10:00 a.m. and 4:00 p.m., as well as limiting irrigation to two days per week as
determined by the address of the property. He added that any actions taken to conserve water
helped ensure an ample supply for residents.
Read and Presented by Commissioner Flescher
S.C. Presentation of Proclamation Recognizing April as Child Abuse Prevention Month
Representatives of the Exchange Clubs of Indian River County thanked the Board for proclaiming
April as Prevention of Child Abuse Month and described the Clubs' ongoing work to support
child abuse prevention efforts. They outlined local programs funded by the Clubs, highlighted the
establishment of a new Child Abuse Prevention (CAP) Center in the County, and reviewed
community awareness activities conducted throughout the month. The Board expressed
appreciation for their efforts.
Read and Presented by Commissioner Earman
S.D. Presentation of Proclamation Designating April 22, 2026, as Earth Day in Indian River County
Ms. Kendra Bergman, Executive Director of Coastal Connections, thanked the Board for honoring
Earth Day in Indian River County. She recognized several environmental and conservation -based
nonprofit organizations, including the Environmental Learning Center (ELC), Pelican Island
Audubon Society, the Indian River Land Trust, and the Clean Water Coalition. Ms. Bergman
encouraged the community to participate in activities to help protect the environment, and
reported on her organization's sustainability efforts. Barbara Schutt -Ford, Executive Director of
the ELC, invited the public to visit and learn more about the center's education programs.
Read and presented by Commissioner Flescher
S.E. Presentation of Proclamation Honoring The Moonshot Community
Marie O'Brien from the Learning Alliance and representatives from the Moonshot Community
Action Network thanked the Board for its support of countywide literacy initiatives and described
the collaborative efforts of more than one hundred orgam tions working together to improve
kindergarten readiness and third-grade reading outcomes.ey highlighted that the County was
second in the state for third grade reading performance, as well as national recognition and
community engagement efforts, and expressed appreciation for the Board's'continued
commitment to children and education.
Read and presented by Commissioner Adams
Deputy County Administrator Mike Zito informed the Board it was National Library Week and
encouraged the community to visit a local branch. He also noted the availability of local discounts
to those with library cards.
S.F. Presentation from Public Works to the Board
Deleted
Page 19 of 386
6. Approval of Minutes
6.A. Regular Meeting Minutes of March 10, 2026
A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to
approve the Regular Meeting minutes of March 10, 2026, as written. The motion passed by
the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
6.B. Regular Meeting Minutes of March 24, 2026
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the minutes of March 14, 2026, as written. The motion carried by the following
vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
Information Items From Staff or Commissioners Not Requiring Board Action
Public Comment: Agenda -Related Matters (Except for Public Hearings)
Consent Agenda
A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the
Consent Agenda as amended, pulling Item 9.I. for discussion, and postponing Item 9.J. The motion
passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
County Attorney Jennifer Shuler informed the Board she had submitted a Resolution and a revised staff
recommendation to Item 9.C.
A motion was made by Commissioner Joseph Flescher, seconded by Commissioner Earman, to
approve the Consent Agenda as amended. The motion passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
9.A. FL Department of Children & Families Rip Current Simulator Grant
Approved staffs recommendation
9.B. Self Insurance Funds and Property & Casualty Insurance Program
Page 20 of 386
Approved staff s recommendation
9.C. Sandridge Golf Course Group Policy Fee Increase
Approved staffs recommendation and Resolution 2026-032
9.D. FL[DS] Year 3 Grant Agreement
Approved staffs recommendation
9.E. Approval of Florida Department of Environmental Projection Grant Agreement LGO11 for Orchid
Island Estates Septic-to=Sewer Project and LGO10 for Hobart Landing Septic -to -Sewer Project,
IRCDUS Project IDs 41.24.507 and 21.24.508 _
Approved staffs recommendation
9.F. Concession Agreement between Florida Fish and Wildlife Conservation Commission and Indian
River County Board of County. Commissioners for the Indian River County Public Shooting
Range
Approved staffs recommendation
9.G. Fire Station 7 (IRC -1911) Change Order No. 1, Final Pay Application/Release of Retainage —
Project Closeout
Approved staffs recommendation
9.H. Approval of the Budget to Procure Materials and Construct Lift Station Upgrades for Lift Stations
1227 and 1180, IRC Project IDs 21.26.514 and 21.26.516
Approved staffs recommendation
9.I. Pump Out Vessel Program Donations from the Indian River Land Trust and the Clean Water
Coalition
Natural Resources Director Kylie Yanchula presented donations secured from the Indian River
Land Trust (IRLT) and the Clean Water Coalition (CWC) to support County's new pumpout
vessel program. Her presentation reviewed the purpose of the vessel, which was secured with
funds from the Clean Vessel Act (CVA) Grant, and the history leading to the program's creation;
partners included the County's Utility Department and the City of Vero Beach. The Board
approved accepting the donations and staff's recommendation to acknowledge the IRLT and
CWC on the vessel's hull as well as future planned signage.
Ken Grudens, Executive Director of the IRLT, presented the Board with a check for $29, 062.50
to cover the matching funds for the CVA grant, and spoke about the problem of sewage discharge.
Judy Orcutt, President of the CWC, presented a check for $10,000 to fund the program and
recognized the importance of preventing raw sewage from entering the Lagoon.
A motion was made by Commissioner Earman, seconded by Vice Chairman Moss, to
approve staffs recommendation. The motion passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Page 21 of 386
Commissioner Earman
Nay: 0 - None
9.J. License Agreement for Resident Deputy at Donald MacDonald. Campground
Postponed/Continued
9.1L Award of RFQ 2025043 to Amici. Engineering Contractors LLC for Progressive Design Build
Services for Hobart Landing Septic -to -Sewer Project, IRCDUS Project ID 21.24.508
Approved staffs recommendation
9.L. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Coastal
Health Systems of Brevard, Inc. to Provide Interfacility Ambulance Transportation Services
Approved staff s recommendation
10. Constitutional Officers and Governmental Agencies
11. Public Items
l l.A. Public Hearings
[Clerk Note: Item I I.A.i.TLC VBCS, LLC's Request for Special Exception Use and Site Plan
Approval rescheduled for the May 5, 2026 BCC Meeting.]
Chairman Loar advised the Board there were concerns regarding proper public notice regarding
this Item. He requested discussion on whether to proceed with or continue the public hearing.
County Attorney Jennifer Shuler advised that although legal advertising requirements had been
met, notice to surrounding property owners may have been insufficient for a rural area and that
some residents reported a lapse in email communication. There was agreement among the
Commissioners to postpone the hearing until May 5, 2026 out of an abundance of caution.
Attorney Shuler advised renoticing the hearing entirely along with. any additional notification as
directed by County Administrator John Tid mnich.
Postponed/Continued
11.B. Public Notice Items
12. County Administrator Matters ..
12.A. Ratification of Proposed Battalion Chief Collective Bargaining .Agreement between Indian River
County Emergency Services District and the Indian River County Firefighters/Paramedics
Association IAFF, Local 2201 j Effective October. 1, 2025, through September 30, 2027
County Administrator John Tidwnich presented the proposed two-year Battalion Chief Collective
Bargaining Agreement for Board ratification. The agreement covered. October 1, 2025, through.
September 30, 2027, and included wage increases, adjustments to paramedic incentives,
implementation of Kelly days, reclassification of Battalion Chiefs to non-exempt:status, and
establishment of a new pay range. The Board expressed appreciation to staff, union leadership,
and Fire Rescue administration for their efforts in completing negotiations' efficiently and
cooperatively.
5
Page 22 of 386
Following the vote, IAFF Local 2201 President Christen Brewer thanked the Board and staff for
their support and noted the progress made over the past two and a half years to ensure Battalion
Chiefs had protections and benefits consistent with rank -and -file personnel. Fire Chief Dave
Johnson also expressed his appreciation for the Board's support and the collaborative process
among all parties.
A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to
approve staff's recommendation. The motion passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
13. Departmental Matters
13.A. Building and Facilities Services
13.B. Community Services
13.C. Emergency Services
13.1). Human Resources
13.E. Information Technology
13.F. Natural Resources
13.G. Office of Management and Budget
13.11. Parks, Recreation, and Conservation
13.I. Planning and Development Services
13.1 Public Works
13.K. Sandridge Golf Club
13.L. Utilities Services
14. County Attorney Matters
6
Page 23 of 386
15. Commissioners Matters
15.A. Commissioner Deryl Loar, Chairman
15.B. Commissioner Laura Moss, Vice Chairman
15.C. Commissioner Susan Adams
15.D. Commissioner Joseph E. Flescher
15.E. Commissioner Joseph H. Earman
16. Special Districts and Boards
16.A. Emergency Services District
16.B. Solid Waste Disposal District
16.B.i. Request for Approval of Interlocal Agreement with St. Lucie County for Recyclables Processing
and Approval of Alternative Options
The Solid Waste Disposal District (SWDD) presented an updated Interlocal Agreement with St.
Lucie County for the processing of Indian River County's recyclables. Due to increased
operational and maintenance costs, St. Lucie County requested amendments including a new
processing fee of $45 per ton beginning October 1, 2026. This would add approximately $1
million to the SWDD budget, in addition to existing transportation costs.
Staff also requested Board direction on budgeting for emergency diversion of recyclables to
private processing facilities when St. Lucie County experienced shutdowns, which historically
affected up to 25% of material. Diversion costs could total approximately $1.8 million annually.
Finally, staff requested consensus to initiate a feasibility study to explore development of a local
recycling processing facility, potentially through a public-private partnership,. including evaluation
of additional options such as waste -to -energy technology. Commissioners expressed strong
support for studying long-term solutions to improve efficiency, reduce costs, and enhance local
control.
The Board approved the Interlocal Agreement and supported the feasibility analysis. Staff was to
return with formal pricing for emergency diversion and next steps .on the feasibility process.
A motion was made by Commissioner Earman, seconded by Commissioner Flescher, to
approve staffs recommendation. The motion passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
Page 24 of 386
16.C. Environmental Control Board
17. Public Comment: Non -Agenda -Related Matters
[Clerk Note: Speakers submitted documents which are on file in the office of Clerk to the Board.]
The following people addressed the Board:
Laurel Buescher requested the Board's assistance with a private property dispute. She stated that a deeded
easement provided access to her undeveloped parcel, but a proposed housing development would
eliminate it. County Attorney Jennifer Shuler stated she had replied to Ms. Buescher previously and that
further remedy should be pursued through the judicial process. Ms. Buescher mentioned a recently filed
affidavit; Chairman Loar noted this venue was not the proper place to address it.
Dan Levin addressed the Board regarding a proposed development at 41 st Street and US 1. He expressed
concern that the proposal was advancing without competent and substantial evidence as required by
Florida law. County Attorney Shuler advised that the matter may come before the Board in a
quasi-judicial capacity, and comments should be limited. Mr. Leven cautioned that inadequate evidence in
the record could expose the County to appeal.
No Action Taken or Required
18. Adjournment
There being no further business, the Chairman adjourned the meeting at 10:32 a.m.
Page 25 of 386
Memorandum
�a
File ID: Type: Meeting Date:
2026-658 Information Items From Staff May 19, 2026
or Commissioners Not
Requiring Board Action
To: Board of County Commissioners
Through: Jennifer Shuler, County Attorney
John Titkanich Jr., County Administrator
From: Susan Prado, Deputy County Attorney
Date: 05/01/2026
Subject: Notice of Third Extension to Contract for Construction of Required
Roadway Improvements (Re Right -Of -Way Permit No. 202203:1525) -
Project: Lucaya Pointe - Developer: GRBK GHO LUCAYA POINTE,
LLC
Background:
Analysis:
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, a third extension document has been entered into between GRBK GHO
LUCAYA POINTE, LLC and: Indian River County, whereby the date for completion of the
roadway improvements to 41 It Street within County right-of-way relating to the Lucaya Pointe
project has been extended to May 9, 2027. Additionally; the.supporting security:consisting of
Cash has been amended to extend the expiration date to May 9, 2027 showing'the .cash deposited
into escrow with the county in the amount of $8,652.54, as reflected in the certified °cost
estimate.
Page 26 of 386
Indian River county
Indian River
Administration Complex
180127th Street
County, Florida
Vero Beach, Florida 32960
Indian River County Website
Memorandum
�a
File ID: Type: Meeting Date:
2026-658 Information Items From Staff May 19, 2026
or Commissioners Not
Requiring Board Action
To: Board of County Commissioners
Through: Jennifer Shuler, County Attorney
John Titkanich Jr., County Administrator
From: Susan Prado, Deputy County Attorney
Date: 05/01/2026
Subject: Notice of Third Extension to Contract for Construction of Required
Roadway Improvements (Re Right -Of -Way Permit No. 202203:1525) -
Project: Lucaya Pointe - Developer: GRBK GHO LUCAYA POINTE,
LLC
Background:
Analysis:
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, a third extension document has been entered into between GRBK GHO
LUCAYA POINTE, LLC and: Indian River County, whereby the date for completion of the
roadway improvements to 41 It Street within County right-of-way relating to the Lucaya Pointe
project has been extended to May 9, 2027. Additionally; the.supporting security:consisting of
Cash has been amended to extend the expiration date to May 9, 2027 showing'the .cash deposited
into escrow with the county in the amount of $8,652.54, as reflected in the certified °cost
estimate.
Page 26 of 386
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Attachments:
None
Page 27 of 386
Indian River County
Admmmstrahon Complex
Indian River I80I27thStteet
Vero Beach, Florida 32960
County, Florida Indian River County Website
�LORtO�' Memorandum
File ID: Type: Meeting Date:
2026-672 Information Items From Staff May 19, 2026
or Commissioners Not
Requiring Board Action
To: Board of County Commissioners
Through:
From:., County Commissioner Laura Moss
Date: 05/06/2026
Subject: Announcement of District 5 CSAC Appointee, Ms. Mariam Michael
Background:
With great pleasure, I announce the appointment of Mariam Michael as the District 5 Appointee
to the CSAC Main Committee. Having served as Vice President of Information Technology at
Prudential Financial, Ms. Michael brings a strong analytical and financial background to the
.position including a Bachelor of Science Degree in Statistics with a minor in Economics. I
personally have had an opportunity to observe her dedication to our community as we both have
been members of The Circle, a women's philanthropic group within Vero Beach Museum of Art,
for many years. I shall take this opportunity to heartily thank M&I Michael for accepting this new
.position of service to our community.
Laura Moss
Vice Chair, Indian River County Commission
Analysis:
Budgetary Impact:
�a
Page 28 of 386
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Attachments:
None
Page 29 of 386
7e,
Indian River
County, Florida
Memorandum
Indian River County
Administration Complex
180127th Street
Vero Beach, Florida 32960
Indian River County Website
File ID: Type: Meeting Date:
2026-679 Information Items. From Staff May 19, 2026
or Commissioners Not
Requiring Board Action
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Michael Zito, Deputy County Administrator
Beth Powell, Parks, Recreation, and Conservation Director
From: Gustavo Vergara, Assistant Director of Parks & Recreation
Date: 05/06/2026
Subject: Route 60 Hyundai Parks, Recreation & Conservation Department
Sponsorship
Background:
Staff is pleased to announce the third year of a generous one-year
sponsorship from Route- 60
Hyundai totaling $24,000. The Deputy County Administrator, Michael Zito.: andthe owner of the
local businesses, Mr. Chiarenza, met in 2023 to discuss their mutual interest in furthering and
expanding the County's Recreation mission and efforts to provide high quality recreation
facilities and programming for the benefit of County residents. Route 60 Hyundai had previously
been a sponsor of County Recreation programs before the COVID-19 pandemic. The local
dealership is committed to enhancing the lives of Indian River County residents.
The funds will be used toward printing/development of Vie. Fall/Winter Parks and Recreation
Brochure, sponsorship of uniforms, recreation supplies and equipment, food for special events
and programs, team/league underwriting, and other recreation specific costs that f uther'the
mission of the D .
apartment.
To recognize the sponsorship; the Parks and Recreation Division will feature Route 60 :Hyundai
through marketing efforts on marquees, signs/banners, special event t -shirts, digital content, and
jerseys of youth basketball, baseball and flag football teams. They will also be featured in the
Spring/Summer 2026 Parks and Recreation Brochure. Social media posts will also acknowledge
the sponsorship throughout the year.
Analysis:
N/A
Page 30 of 386
Budgetary Impact:
The Sponsorship Agreement provides a month-to-month sponsorship allocation of $2,000 per
month with the ability for cancellation with a 30 -day notice starting in February 2026. Funds will
be made available in the MSTU Fund/Recreation/Special Events/Route 60 Hyundai Donation
account, number 00410872-041110-23044, via budget amendment.
Account Account Name FY26 FY27
Number Amount Amount
00410872- MSTU $12,000 $12,000
041110- Fund/Recreation/Special
23044 Events/Route 60
Hyundai Donation
Previous Board Actions:
February 25, 2025
Potential Future Board Actions:
N/A
Strategic Plan Alignment:
Quality of life
Other Plan Alignment:
N/A
Staff Recommendation:
N/A
Attachments:
1. Route 60 Hyundai Sponsorship
Page 31 of 386
I BCC Meeting 05-5-2026
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Parks, Recreation & Conservation Department
Recreation Division
Date: April 15, 2026
To: The Honorable Board of County Commissioners
Thru: John A. Titkanich, Jr., County Administrator
Michael C. Zito, Deputy County Administrator
Beth Powell, Parks Recreation & Conservation Director
From: Gustavo Vergara, Parks, Recreation & Conservation Assistant Director
Subject: Route 60 Hyundai Parks, Recreation & Conservation Department Sponsorship
Background:
Staff is pleased to announce the third year of a generous one-year Sponsorship from Route 60
Hyundai totaling $24,000. The Deputy County Administrator, Michael Zito, and the owner of the
local businesses, Mr. Chiarenza, met in 2023 to discuss their mutual interest in furthering and
expanding the County's Recreation mission and efforts to provide high quality recreation facilities
and programming for the benefit of County residents. Route 60 Hyundai had previously been a
sponsor of County Recreation programs before the COVID-19 pandemic. The local dealership is
committed to enhancing the lives of Indian River County residents.
The funds will be used toward printing/development of the Fall/Winter Parks and Recreation
Brochure, sponsorship of uniforms, recreation supplies and equipment, food for special events and
programs, team/league underwriting, and other recreation specific costs that further the mission of
the Department.
To recognize the sponsorship, the Parks and Recreation Division will feature Route 60 Hyundai
through marketing efforts on marquees, signs/banners, special event t -shirts, digital content, and
jerseys of youth basketball, baseball and flag football teams. They will also be featured in the
Spring/Summer 2026 Parks and Recreation Brochure. Social media posts will also acknowledge the
sponsorship throughout the year.
Funding:
The Sponsorship Agreement provides a month-to-month sponsorship allocation of $2,000 per month
with the ability for cancellation with a 30 -day notice starting in February 2026. Funds will be made
available in the MSTU Fund/Recreation/Special Events/Route 60 Hyundai Donation account,
number 00410872-041110-23044, via budget amendment.
Account Number
Account Name
FY26 Amount
FY27 Amount
00410872-041110-23044
MSTU Fund/Recreation/Special Events/Route
60 Hyundai Donation
$12,000
$12,000
Page 32 of 386
SPONSORSHIP AGREEMENT
DATE: April 30, 2026
BETWEEN: Route 60 Hyundai (Sponsor)
Indian River County Parks, Recreation and Conservation (Sponsee)
TERMS OF AGREEMENT:
I . The Sponsee agrees to grant the Sponsor the following sponsorship rights:
• Thank you slides displayed on the daily rotation on the electronic billboards
located on Oslo Road at the iG Recreation Center, 581h Avenue at the Indian
River County Fairgrounds and North County Aquatic Center
• Route 60 Hyundai printed on the uniforms of 10 youth basketball teams
• Thank you slides displayed on the two televisions inside the 1G Recreation
Center
• Social Media blast on the iG Recreation Center and IRC Parks and Recreation
Facebook pages thanking Route 60 Hyundai for their generous sponsorship
• Route 60 Hyundai will be featured on the back cover of the Parks, Recreation
and Conservation Spring and Fall Activities brochure
2. The sponsorship will be for one year, beginning on February 1, 2026, and ending on
February 1, 2027.
3. The Sponsor will pay Sponsee $2,000 per month, due on the 201h of each month.
4. The Sponsee agrees to provide the Sponsor brand recognition in the form of
advertising as highlighted above in Section 1.
5. Termination: Either party may cancel this agreement without cause with 30 days'
notice. Notice shall be provided to:
a) Sponsee: Beth Powell
Indian River County Parks, Recreation & Conservation
1590 91h Street S.W., Vero Beach, Florida, 32962
b) Sponsor: Emma Chiarenza
Route 60 Hyundai
8575 20th Street, Vero Beach, Florida, 32962
6. Sponsor certifies that it and those related entities of Sponsor as defined by Florida
law are not on the Scrutinized Companies that Boycott Israel List, created pursuant
to Section 215.4725 of the Florida Statutes, and are not engaged in a boycott of
Israel. Sponsee may terminate this contract if Sponsor, 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.
7, Sponsor specifically and without limitation authorizes the Sponsee's use of funds at
ITEM 7C BCC May 19 Route 60 signed agreement_05182026103932.pdf
�1, 1; .. . � v, a o
I US
41v C�
Indian River Crnmty
�a River
ad `thSrIndian
4
tet
County, Florida
Vero Beach, Florida 32960
Indian River County Website
pR�i9t' Memorandum
File ID: Type:
Meeting Date:
2026-681 Information Items From Staff
May 19, 2026
or Commissioners Not
RPnnirina RnarA Anfinn
To: Board of County Commissioners
Through: John Titkanich. Jr., County Administrator
From: Jennifer Shuler, County Attorney
Date: 05107/2026
Subject: Request for Closed Litigation Session - Indian River County vs. Twenty -
Two Beachfront Properties, Located Between, And Including, 9586
Doubloon Dr., And, But Not Including, 1820 Wabasso Beach Rd., Vero
Beach, Florida, 32963; And Summerplace Improvement Association,
Inc.Case No.: 31 -2018 -CA -000881
Background:
The County Attorney's Office has scheduled a closed litigation session on June 2, 2026, at 10:30
am. with the Board of County Commissioners to discuss settlement negotiations in the case of
Indian River County vs. Twenty -Two Beachfront Properties, Located Between, And Including,
9586 Doubloon Dr., And, But Not Including, 1820 Wabasso Beach Rd., Vero Beach, Florida,
32963; And Summerplace Improvement Association, Inc.
The closed litigation session will be attended by Jennifer Shuler, County Attorney, Susan J.
Prado, Deputy County Attorney, and Paul Berg, Esq., Outside Counsel for Indian River County,
John Titkanich, Jr., County Administrator, and members of the Bbaird of County Commissioners.
This meeting is not open to the public pursuant to F.S. 286.011(8). Discussion will be limited to
settlement negotiations and litigation expenditures. The 'estimated time for the closed session is
an hour. The entire closed litigation session will be recorded by a certified court reporter.
Analysis:
None.
Budgetary Impact:
None.
Page 33 of 386
Previous Board Actions:
None.
Potential Future Board Actions:
None.
Strategic Plan Alignment:
None.
Other Plan Alignment:
None.
Staff Recommendation:
None.
Attachments:
None
Page 34 of 386
File ID:
2026-649
Indian River
County, Florida
Memorandum
Type:
Consent Agenda
Indian River County
Administration Complex
180127th street
Vero Beach, Florida 32960
Indian River Q2iM Website
Meeting Date:
May 19, 2026
To: Board of County Commissioners .
Through: John Tid.wnich Jr., County Administrator
Kristin Daniels, Budget Director
Jennifer Hyde, Procurement Manager
From: Shelby Ball, Procurement Specialist
Date: 04/24/2026
Subject: First Amendment to Agreement for Continuing Professional Surveying and
Mapping Services (RFQ 2022064)
Background:
On October 4, 2022, the Board of County Commissioners approved the award of RFQ 2022064
for Continuing Professional: Surveying and Mapping Services to several firms, including Carter
Associates, Inc. The first renewal of the award was approved by a Board on September 4,
2024, and will expire October 3 2026, with one, two-year renewal term available.
Analysis:
Staff has received a request to assign the Agreement with Carter Associates, Inc. to LJA
Engineering, Inc., due to a merger effective December 31, 2025.
Budgetary Impact•
There is no change to Funding for the services provided under this agreement.
Previous Board Actions:
BCC award of RFP and approval for first extension
Potential. Future Board Actions:
Approval of Second Extension
Strategic Plan Alignment:
Other Plan Alignment:
Page 35 of 386
Staff Recommendation:
Staff recommends the Board approve the first amendment to the agreement with LJA
Engineering, Inc. and authorize the Chairman to sign it after the County Attorney's approval as
to form and legal sufficiency
Attachments:
2022064 CCNA Surveying & Mapping First Amendment - LJA Engineering tka Carter
Associates - Final Atty Edits
Page 36 of 386
FIRST EX'T'ENSION TO AGREEMENT
FOR CONTINUING PROFESSIONAL SURVEYING AND MAPPING SERVICES
This First Extension to that certain Agreement to provide Continuing Professional Surveying
and Mapping Services is entered into effective as of October. 3, 2024, by and between Indian River.
County, apolitical subdivision of the State ofFlorida ("County") and d mtq�
(«Surveyor").
BACKGROUND RFCTTALS
WHEREAS, the County and the Surveyor entered into an Agreement for Continuity Professional
Surveying and Mapping Services effective October 4, 2022; and
WHEREAS, Paragraph XVI of the Agreement contains the term and renewal provisions; and
WHEREAS, the first term commenced effective as of October 4, 2022 and.will end on October 3,
2024; and
WHEREAS, pursuantto the Agreement, the parties desire to extend the Agreement for an additional
two years; and
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 Surveyor agree as
follows:
1. The background recitals are true and correct and form a material part of this First Extension.
2. The second renewal term shall commence effective October 3, 2024, and shall end on October 4, 2026.
There is one additional, two-year extension available on the contract.
3. All other:terms and provisions of the Agreement shall be unchanged and remain in.full force and effect.
Page 37 of 386
IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day
and year first set forth above.
1 • kssacl k 5 fAk— • INDIAN RIVER COUNTY, F IDA" "�FK'
(Bury or) BOARD OF COUNTY CoM SST{�JO'S
M @ T .
01V
9• �! {. 'off
Printed name: R
Title: U too
(Corporate Seal)
�F,
- ,� im
Date: Mme. LtoTAttest: Ryan L. Butler, Clerk of Circuit Court
And ptroller
By: kA
De uty Clerk
Page 38 of 386
RFQ 2022064
MASTER AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING
SERVICES
THIS AGREEMENT, entered into this 4th day of October, 2022, by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY", and Carter Associates, Inc., hereinafter referred to as the
"SURVEYOR".
BACKGROUND RECITALS
In accordance with the Consultants' Competitive Negotiations Act, Section
287.055, Florida Statutes, the COUNTY selected SURVEYOR to provide professional
surveying and mapping services, based on statement of qualifications received in
response to Request for Qualifications 2022064.
That the COUNTY and the SURVEYOR, in consideration of their mutual
covenants, herein agree with respect to the performance of professional surveying and
mapping services by the SURVEYOR, and the payment for those services by the
COUNTY, as set forth below and in individual Work Orders. This agreement shall be
referred to as the "MASTER AGREEMENT" under which future Work Orders will apply.
The SURVEYOR shall provide the COUNTY with professional surveying and
mapping services and such other related services as defined in specific Work Orders, in
all phases of each project. The SURVEYOR shall serve as the COUNTY's professional
representative for the project as set forth in each Work Order, and shall give surveying
and mapping services advice to the COUNTY during the performance of the services to
be rendered.
SECTION I — PROJECT LIMITS
Project limits shall be identified in individual Work Orders prepared by the
COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially
numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being
issued. Purchase Orders, or Work Orders executed by the County Administrator, may
be issued by the COUNTY for proposed services that total less than $35,000.00. For
proposed services $35,000.00 and over, Work Orders shall be issued and approved by
the Indian River County Board of County Commissioners.
Basic services required of the SURVEYOR for the project will be described in other
appropriate sections of this Agreement and in individual Work Orders.
SECTION II — COUNTY OBLIGATIONS
The COUNTY agrees to provide the following material, data, or services as
required in connection with the work to be performed under this Agreement:
A. Provide the SURVEYOR with a copy of any pertinent preliminary data or
reports available to the COUNTY.
B. Provide the SURVEYOR with all reasonably available drawings, surveys,
right-of-way maps, and other documents in the possession of the
COUNTY that are pertinent to the project.
C. The COUNTY shall be responsible for obtaining only those permits
required to perform the work to complete the project, if such permit
Page 1 of 14
Page 39 of 386
RFQ 2022064
requirements are made into law and established by regulatory agencies
after the effective date of the Work Order.
D. The COUNTY shall make all provisions for the SURVEYOR to enter upon
public or private property subsequent to initial provisions performed by the
SURVEYOR and as reasonably required for the SURVEYOR to perform
his services.
E. The COUNTY shall provide all title information and title opinion relating to
land acquisition, as applicable.
F. The COUNTY shall provide property appraisal information for areas of
potential acquisition as applicable.
G. The COUNTY shall supply the SURVEYOR with copies of all applicable
local codes and regulations.
SECTION III — SURVEYOR OBLIGATIONS
The SURVEYOR agrees to perform all necessary professional surveying and
mapping services and other pertinent services in connection with the assigned project
as required and as set forth in the following:
A. The SURVEYOR will endeavor not to duplicate any previous work done
on any project. Before issuance of a Work Order and written authorization
to proceed, the SURVEYOR shall consult with the COUNTY to clarify and
define the COUNTY's requirements for the project and review all available
data.
B. The SURVEYOR shall attend conferences with the COUNTY and its
representatives, upon request.
C. In order to accomplish the work described under this Agreement under the
time frames and conditions set forth in this Agreement, the SURVEYOR
shall comply with the Standards of Practice, as defined in Chapter 5J-17,
Florida Administrative Code, to:
i. Complete work on the project within the time allowed by
maintaining an adequate staff of registered Surveyors and
Mappers, GIS Professionals, Cadd operators, Survey Technicians
and other employees on the work at all times.
ii. Comply with all federal, state, and local laws applicable to this
project(s). The SURVEYOR'S work product shall conform with all
applicable federal, state and local laws applicable to this project(s).
iii. The SURVEYOR shall cooperate fully with the COUNTY in order
that all phases of the work may be properly scheduled and
coordinated.
iv. The SURVEYOR shall contact the Sunshine State One Call of
Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be
entitled to rely on information provided by SSOCOF. SURVEYOR
shall survey all above -ground structures, and utilities on the final
plans.
v. The SURVEYOR understands that certain County AutoCAD
(Drawing) standards are being adopted; said standards shall be
defined in individual work orders.
vi. The SURVEYOR shall report the status of the project to the
County's Project Manager upon request and hold all drawings,
Page 2 of 14
Page 40 of 386
RFQ 2022064
electronic files, calculations, and related work open to the
inspection of the COUNTY at any time, upon reasonable request.
D. Subject to the terms of Section IX herein, all documents items furnished to
the SURVEYOR by the COUNTY pursuant to this Agreement, are and
shall remain the property of the COUNTY, and shall be delivered to the
COUNTY upon completion of the work.
E. All items prepared by the SURVEYOR shall be created, maintained, and
provided in the format as specified by the COUNTY in each individual
Work Order,
F. Compensation to the SURVEYOR for basic services shall be in
accordance with each Work Order, as mutually agreed upon by the
SURVEYOR and the COUNTY. Current fee schedule is included in
"Exhibit A" attached, and will be included as part of each Work Order
when approved.
G. SURVEYOR 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. SURVEYOR is also responsible for
obtaining proof of E -Verify registration and utilization for all
subconsultants.
SECTION IV — TIME FOR COMPLETION
The time for completion of each project shall be defined in the Work Order.
SECTION V — COMPENSATION
The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services
rendered pursuant to this Agreement, fees in accordance with the following:
A. Professional Services Fee - The basic compensation shall be mutually
agreed upon by the SURVEYOR and the COUNTY prior to issuance of
each Work Order, and the amount shall be included in the Work Order to
be formally approved by the Board of County Commissioners.
B. Direct Payment for Certain Services - The COUNTY will not pay for
services or goods provided by others working in conjunction with the
SURVEYOR, as follows:
1. Printing and Reproduction: The COUNTY shall make direct
payment to the SURVEYOR for the cost of additional blueprints.
The maximum cost allowed per blueprint, utilized shall be set forth
in the Work Order.
2. Concrete Monuments
3. Others — as defined in individual Work Orders.
SECTION VI — ADDITIONAL SERVICE WORK
If services in addition to the Services provided in a Work Order hereunder are
required or desired by the COUNTY, the COUNTY may, at the sole option of the
COUNTY: separately obtain same outside of this Agreement; or request the
SURVEYOR to provide, either directly by the SURVEYOR or by a sub -consultant, such
additional services by a written amendment to the Work Order.
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SECTION VII — PAYMENTS
The COUNTY shall make monthly payments Pursuant to Florida Prompt
Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order.
Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly
certified invoices no more than once monthly to the County's Project Manager.
The Invoices shall be divided into units of deliverables, which shall include, but
not be limited to, reports, findings, drawings, recommendations, and drafts, that must be
received and accepted in writing by the County's Project Manager, prior to payment.
SECTION VIII — RIGHT OF DECISIONS
All services shall be performed by the SURVEYOR to the satisfaction of the
County Project Manager who shall decide all questions, difficulties, and disputes of
whatever nature that may arise under or by reason of this Agreement, according to the
prosecution and fulfillment of the service hereunder, and the character, quality, amount
and value thereof. The COUNTY's decision upon all claims, questions, and disputes
shall be final, conclusive, and binding upon the parties hereto, unless such
determination is clearly arbitrary or unreasonable.
Adjustments of compensation and contract time because of any major changes
in the work that might become necessary or be deemed desirable as the work
progresses shall be reviewed by the County Project Manager.
SECTION IX — OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership and Copyright: Ownership and copyright of all reports,
tracings, plans, electronic files, specifications, field books, survey
information, maps, contract documents, and other data developed by the
SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY.
Said materials shall be made available to the COUNTY by the
SURVEYOR at any time upon request of the COUNTY. On or before the
tenth day after all work contemplated under this Agreement is complete,
all of the above materials shall be delivered to the County Project
Manager.
B. Reuse of Documents: All documents, including but not limited to reports,
drawings and specifications, prepared or performed by the SURVEYOR
pursuant to this Agreement, are related exclusively to the services
described herein. They are not intended or represented to be suitable for
reuse by the COUNTY or others on extensions of this project or on any
other project. The COUNTY's reuse of any document or drawing shall be
at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR
liable for any misuse by others.
SECTION X — NOTICES
Any notices, reports or other written communications from the SURVEYOR to the
COUNTY shall be considered delivered when posted by certified mail or delivered in
person to the County's Project Manager. Any notices, reports or other communications
from the COUNTY to the SURVEYOR, shall be considered delivered when posted by
certified mail to the SURVEYOR at the last address left on file with the COUNTY or
delivered in-person to said SURVEYOR or its authorized representative.
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SECTION XI — TERMINATION
Either party may terminate this Agreement upon seven (7) days written notice to
the other party, except if the SURVEYOR terminates this Agreement, such termination
shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S
completion to the COUNTY's satisfaction, of any pending Work Order.
SURVEYOR certifies that it and those related entities of SURVEYOR 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 SURVEYOR, 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.
SECTION XII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT
The COUNTY shall have the right of approval of all SURVEYOR's personnel
assigned to any COUNTY project. Therefore, any subsequent changing of assigned
personnel to any COUNTY project shall also be subject to COUNTY approval. Failure
to adhere to this policy shall be considered a cause for contract termination.
SECTION XIII — AUDIT RIGHTS
The COUNTY reserves the right to audit the project records of the SURVEYOR
related to this Agreement at any time during the prosecution of the work included herein
and for a period of three years after final payment is made.
SECTION XIV — SUBLETTING
The SURVEYOR shall not sublet, assign, or transfer any work under this
Agreement without the written consent of the COUNTY. When applicable and upon
receipt of such consent in writing, the SURVEYOR shall cause the names of the
Professional Surveying and Mapping firms responsible for the major portions of each
separate specialty of the work to be inserted on the reports or other data.
SECTION XV — WARRANTY
The SURVEYOR warrants that it has not employed or retained any company or
person other than a bona fide employee working solely for the SURVEYOR, to solicit or
secure this Agreement, and that he or she has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the
SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to
annul this Agreement without liability.
SECTION XVI — DURATION OF AGREEMENT
This Agreement shall be effective on October 4, 2022, and shall remain in full
force and effect for a period of two years, unless otherwise terminated by mutual
consent of the parties hereto, or terminated pursuant to Section XI — "Termination."
This Agreement may be extended for two additional two year increments at the
discretion of the COUNTY.
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SECTION XVII — INSURANCE
During the performance of the work covered by this Agreement, the SURVEYOR
shall provide the COUNTY with evidence that the SURVEYOR has obtained and
maintains the insurance listed in the Agreement.
1. SURVEYOR shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work
hereunder by the SURVEYOR, its agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in the
SURVEYOR's fees.
2. Minimum Scope of Insurance (for fees less than $500.000):
A. Worker's Compensation as required by the State of
Florida. Employers Liability of $100,000 each accident,
$500,000 disease policy limit, and $100,000 disease each
employee.
B. General Liability $1,000,000 combined single limit per
accident for bodily injury and property damage. Coverage
shall include premises/operations, products/completed
operations, contractual liability, and independent
contractors. COUNTY shall be named an "Additional
Insured" on the certificate of insurance.
C. Auto Liability $500,000 combined single limit per accident
for bodily injury and property damage. Coverage shall
include owned vehicles, hired vehicles, and non -owned
vehicles.
D. Professional Liability Insurance providing coverage for
negligent acts, errors, or omissions committed by
SURVEYOR with a $500,000 per claim/annual aggregate.
This insurance shall extend coverage to loss of interest,
earning, profit, use and business interruption, cost of
replacement power, and other special, indirect, and
consequential damages.
3. SURVEYOR's insurance coverage shall be primary.
4. All above insurance policies shall be placed with insurers with a Best's
rating of no less that A -VII. The insurer chosen shall also be licensed to
do business in Florida.
5. The insurance policies procured, other than professional liability, shall be
occurrence forms, not claims made policies. Professional liability shall be
on a claims -made basis.
6. The insurance companies chosen shall provide certificates of insurance
prior to signing of contracts, to the Indian River County Risk Management
Department.
7. Each insurance company shall provide the Indian River County Risk
Management Department with a certificate of insurance that states that
the insurance company will provide 30 days notice to the Risk
Management Department, of cancellation and/or nonrenewal.
8. The SURVEYOR shall ensure all subcontractors hold the insurance as
detailed herein.
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9. Any deductibles or self-insured retentions greater than $100,000 must be
approved by the Risk Manager for Indian River County with the ultimate
responsibility for same going to the SURVEYOR.
SECTION XVIII - INDEMNIFICATION
SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and
the COUNTY's officers, employees and agents, from and against any and all claims
from liabilities, damages, losses, costs, third party claims, judgments, and expense to
persons or property, including reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of
SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the
COUNTY against any such claims and any judgments that may be entered in
connection therewith, including reasonable attorneys' fees.
SECTION XIX — SAFETY
SURVEYOR is solely responsible for the safety of its employees and others arising from
SURVEYOR's operations. All projects shall follow proper safety procedures referencing
the Florida Department of Transportation Safety Standards for Surveyors and as any
job site safety. However, in accordance with generally accepted practices, the
SURVEYOR may report any observed job site safety violations by others to the
COUNTY.
SECTION XX — CHOICE OF LAW AND VENUE
This Agreement 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.
SECTION XXI — ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the
parties hereto, and there are no other Agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded
hereby. No alteration, change, or modification of the terms of this Agreement shall be
valid unless made in writing and signed by both parties hereto.
SECTION XXII - SEVERABILITY
If any provision, section, or paragraph of this agreement is determined by a court
of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not
found to be void, illegal, or unenforceable, shall remain in full force and effect.
SECTION XXIII — PUBLIC RECORDS COMPLIANCE
Indian River County is a public agency subject to Chapter 119, Florida Statutes.
The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the
SURVEYOR 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
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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
SURVEYOR 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 SURVEYOR or keep and maintain public records
required by the County to perform the service. If the SURVEYOR transfers all public
records to the County upon completion of the contract, the SURVEYOR shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the SURVEYOR keeps and maintains public records
upon completion of the contract, the SURVEYOR 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.
IF THE SURVEYOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SURVEYOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
Failure of the SURVEYOR to comply with these requirements shall be a material breach
of this Agreement.
SECTION XXIV - PROHIBITION AGAINST CONTINGENT FEES
The registered surveyor and mapper warrants that he or she has not employed or
retained any company or person, other than a bona fide employee working solely for the
registered surveyor and mapper to solicit or secure this agreement and that he or she
has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the registered surveyor and mapper
any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this agreement." For the breach or violation of this
provision, the agency shall have the right to terminate the agreement without liability
and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
SECTION XXV — FEDERAL TERMS
For any work requested that will be paid for in part or whole by federal funds, the
following terms will apply:
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A. Contract Work Hours and Safety Standards: (1) The SURVEYOR 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 SURVEYOR 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 SURVEYOR or subcontractor will
permit such representatives to interview employees during working hours on the
job.
B. 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 SURVEYOR is
required to verify that none of the SURVEYOR, 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 SURVEYOR 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 SURVEYOR 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.
C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors
and Firms 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.
D. Procurement of Recycled/Recovered Materials: (1) In the performance of this
contract, the SURVEYOR 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.
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(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.
(3) The SURVEYOR also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.
E. 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 SURVEYOR 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 SURVEYORs 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 SURVEYOR 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 SURVEYOR shall report the information in
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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
SURVEYOR 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
SURVEYOR 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 SURVEYOR shall insert the substance of this clause,
including this paragraph (e), in all subcontracts and other contractual
instruments.
F. Domestic Preference for Procurements: As appropriate, and to the extent
consistent with law, the SURVEYOR should, to the greatest extent practicable,
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. Manufactured products mean items and
construction materials composed in whole or in part of non-ferrous metals such
as aluminum; plastics and polymer -based products such as polyvinyl chloride
pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
G. Access to Records: The following access to records requirements apply to this
contract: (1) The SURVEYOR 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 SURVEYOR which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions. (2) The
SURVEYOR 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 SURVEYOR 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 SURVEYOR 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.
H. DHS Seal, Logo, and Flags: The SURVEYOR shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials
without specific FEMA pre -approval. The SURVEYOR shall include this provision
in any subcontracts.
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I. 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 SURVEYOR will comply will all applicable Federal
law, regulations, executive orders, and FEMA policies, procedures, and
directives.
J. 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 non -Federal
entity, SURVEYOR, or any other party pertaining to any matter resulting from the
contract.
K. Program Fraud and False or Fraudulent Statements or Related Acts: The
SURVEYOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies
for False Claims and Statements) applies to its actions pertaining to the contract.
L. Affirmative Steps: If subcontracts are to be let, the prime SURVEYOR is required
to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure
that small and minority businesses, women's business enterprises, and labor
surplus area firms are used when possible.
M. License and Delivery of Works Subject to Copyright and Data Rights: The
SURVEYOR grants to the Owner a paid-up, royalty -free, nonexclusive,
irrevocable, worldwide license in data first produced in the performance of this
contract to reproduce, publish, or otherwise use, including prepare derivative
works, distribute copies to the public, and perform publicly and display publicly
such data. For data required by the contract but not first produced in the
performance of this contract, the SURVEYOR will identify such data and grant to
the Owner or acquires on its behalf a license of the same scope as for data first
produced in the performance of this contract. Data, as used herein, shall include
any work subject to copyright under 17 U.S.C. § 102, for example, any written
reports or literary works, software and/or source code, music, choreography,
pictures or images, graphics, sculptures, videos, motion pictures or other
audiovisual works, sound and/or video recordings, and architectural works. Upon
or before the completion of this contract, the SURVEYOR will deliver to the
Owner data first produced in the performance of this contract and data required
by the contract but not first produced in the performance of this contract in
formats acceptable by the Owner.
SECTION XXVI — FLORIDA STATUTE 558
PURSUANT TO FLORIDA STATUTE § 558.035, AN
INDIVIDUAL EMPLOYEE OR AGENT OF SURVEYOR
MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE.
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IN WITNESS WHEREOF the parties hereto have executed these presents this
4'h day of October, 2022.
pIM1SS
SURVEYOR INDIAN RIVER COUNTY, FLOR • ••.!o,,;•.
BOARD OF COUNTY COMMIS}N
BY: BY:
Peter D. O'Bryan, Chan •off:
Title: UICE At. -SMC -6-9" Board of County Commi,
Approved by the BCC: October 4, 2022
WITNESS:
ATTEST: 0 /i
Jeffrey R. Smith
Clerk of Court & Comptroller
Ja on E. Brown'
C U TY ADMINIST ATOR
Dylan Reingold
COUNTY ATTORNEY
i
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EXHIBIT A - FEE SCHEDULE
Page 14 of 14
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CARTER ASSOCIATES INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET • VERO BEACH, FLORIDA 32960-3472 • 772-562-4191 • 772-562-7180 (FAX)
JOHN H. BLUM, P.E., PRINCIPAL
DAVID E. LUETHIE, P.S.M., PRINCIPAL
GEORGE A. SIMONS, P.E., PRINCIPAL
PATRICK S WALTHER. P.E., PRINCIPAL
MARVIN E. CARTER, P.S.M., Retired, Consultant to the Fimt
DEAN F. LUETIIJE, P.E. (ah Ncr Consultant io the Fimt
ROBERT N. JOHNSON, P.S.M.
CLINTON J. RAHIES, P.E.
T1`LER N. SPENCER, P.E.
INDIAN RIVER COUNTY
PROFESSIONAL SURVEYING AND MAPPING
OCTOBER 4, 2022 — OCTOBER 3, 2024
FEE SCHEDULE
OFFICE:
Surveyor (Principal)
$185.00
Surveyor)
$160.00
Surveyor II
$140.00
Surveyor III (SIT)
$125.00
CAD/GIS Tech 1
$125.00
CAD/GIS Tech II `#
$120.00
CAD/GIS Tech III ,-
t : A:;
$115.00
CAD/GIS Tech IV ' �- .
$ 110.00
. ..
Administrative Staff }a'
$ 75.00
¢
FIELD:
4 Man Survey Crew
$200.00
3 -Man Survey Crew
$175.00
2 -Man Survey Crew
$150.00
1 -Man Survey Crew r'
$120.00
SPECIALIZED EQUIPMENT:
Leica HD P40 Scanner
$250.00/Hour
DJI Phantom 4 Pro Serial Drones "UAV"
$600.00/Day
Deep Trekker DTG2 Robotic Submarine
$800.00/Day
Aluminum Boat
$500.00/Day
All -Terrain Vehicle (ATV)/Trailer
$250.00/Day
ANTICIPATED REIMBURSABLE EXPENSES:
Postage, Express Mail, etc.
Cost
Blueprints/Blackline (24" x 36")
$2.00/Each
Color Prints (24"x36)
$5.00/Each
Mileage
a „IRS Standard Rate
Mylar
�*s $7.00/Each
Photocopies:14
,
8.5" x 11
15 /Each
8.5" x 14"
ti ` 25¢/Each
11 x 17"
35¢/Each
Concrete Monuments
20.00/Each
Rebar
$ 2.50/Each
Laths
$ 0.75/Each
Hubs
$ 1.00/Each
Sub -Consultant
Cost + 10%
gI�SIZ�.z
David E. Luethje, Vice President Date
FIRST AMENDMENT TO AGREEMENT
FOR CONTINUING PROFESSIONAL SURVEYING AND MAPPING SERVICES
This First Amendment to that certain Agreement to provide Continuing Professional
Surveying and Mapping Services is entered into effective as of May 19, 2026, by and between Indian
River County, a political subdivision of the State of Florida ("County") and LJA Engineering_ Inc.
("Surveyor").
BACKGROUND RECITALS
WHEREAS, Consultant has notified County that is has merged with LJA Engineering, Inc., effective
December 31, 2025, and would like to assign this agreement to LJA Engineering, Inc.; and
WHEREAS, pursuant to the Agreement, the parties desire to amend the Agreement to rename
Surveyor from Carter Associates, Inc. to LJA Engineering, Inc. ; and
WHEREAS, the County and the Surveyor entered into an Agreement for Continuing Professional
Surveying and Mapping Services effective October 4, 2022 and ended on October 3, 2024; and
WHEREAS, the first renewal term commenced effective as o$ October 3, 2024 and will end on
October 4, 2026: and
WHEREAS, the parties desire to Amend Section XI: Termination to include new termination for
breach language as require by Statute; and
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 Surveyor agree as
follows:
1. The background recitals are true and correct and form a material part of this First Amendment.
2. The Agreement is hereby amended to rename the Surveyor LJA Engineering, Inc. All references to
"Carter Associates, Inc" shall be amended to "LJA Engineering, Inc."
3. Section XI: Termination is amended to include:
TERMINATION FOR BREACH OF CONTRACT DURING EMERGENCY RECOVERY PERIODS
FOR NATURAL EMEGERNCIES: A vendor or service provider that breaches such contract related to
an emergency response for a natural emergency during an emergency recovery period (1 -year period
that begins on that date that the Governor initially declared a state of emergency for a natural emergency)
is to pay a $5,000 penalty and damages, which may either be actual and consequential damages or
liquidated damages.
4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and
effect.
Page 54 of 386
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed effective the
day and year first set forth above.
LJA Engineering, Inc.
(Surveyor)
By:
Printed name:
Title:
(Corporate Seal)
Date:
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:
Deryl Loar, Chairman
Attest: Ryan L. Butler, Clerk of Circuit Court
And Comptroller
By:
Deputy Clerk
Approved:
John A. Titkanich, Jr.
County Administrator
Approved as to form and legal sufficiency:
Jennifer W. Shuler
County Attorney
Page 55 of 386
VER �'O Indian River County
�1•`J G Administration Complex
a Indian River 1801 27th Street
Z Vero Beach, Florida 32960
County, Florida Indian River County Website
�ORt�� Memorandum
File ID: Type: Meeting Date:
2026-650 Consent Agenda May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Kristin Daniels, Budget Director
Jennifer Hyde, Procurement Manager
From: Shelby Ball, Procurement Specialist
Date: 04/24/2026
Subject: Designation of Excess Equipment as Surplus and Authorization for
Disposal
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.
Additionally, on October 7, 2025, the Board authorized the sale of asset 13757, a STIHL
Portable Concrete Saw. The department inadvertently disposed of the item and staff requests we
re-classify this as disposed.
Analysis:
N/A
Budgetary Impact:
There is no cost to the County associated with these requests.
Previous Board Actions:
N/A
Potential Future Board Actions:
N/A
Page 56 of 386
Strategic Plan Alignment:
N/A
Other Plan Alignment:
N/A
Staff Recommendation:
Staff recommends the Board declare the items on the Excess List for 051926 as surplus, and
authorize their disposition, as indicated and reclassify the disposition of asset 13757.
Attachments:
Excess List for 051926
Page 57 of 386
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Indian River
County, Florida
Memorandum
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 329.60
Indian River County Website
?L
File ID: Type: Meeting Date:
2026-655 Consent Agenda May 19, 2026
To: Board of County Commissioners:
Through: Kristin Daniels, Budget Director
John Titkanich Jr., County Administrator.
From: Jennifer Hyde, Procurement Manager
Date: 04/29/2026
Subject: Extension and Amendment to Agreement for Disaster Debris Monitoring
Services (RFP 2019062)
Background:
On May 19, 2020, the Board awarded RFP 2019062 for Disaster Debris Monitoring Services, as
may be needed to track debris removal after catastrophic events, such as tropical storms,
hurricanes, or tornadoes, to DebrisTech, LLC. Extensions allowed. in the agreement, were
authorized by the Board on March 15, 2022, and March 19, 2024, with the final potential term
anticipated in the agreement set to conclude on May 18, 2026.
Analysis:
While a new RFP has been issued to select a monitor, award will not be made prior to the start of
hurricane season. To ensure services are available, if needed in, the interum, DebrisTech has
agreed to an extension to the agreement at the same rates proposed:in 2020, until a new award is
made, and no later than August 30, 2026. A longer renewal period is not recommended, as
FEMA may determine a longer renewal outside the original terms of the agreement would
constitute a noncompetitive procurement, which is prohibited in the code of federal
requirements. This could result in defunding of any expenses incurred.
Budgetary Impact:
Expenses incurred for work under the agreement are anticipated to be funded through FEMA's
reimbursement of CAT A debris expenses.
Previous Board Actions:
19-1202
20-1553
22-0197
24-0232
Page 59 of 386
Potential Future Board Actions:
Award of RFP 2026017 for Disaster Recovery Management anticipated for August 18, 2026.
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Staff recommends the Board approve the third extension and amendment to the agreement with
DebrisTech and authorize the Chairman to execute it, after review and approval by the County
Attorney as to form and legal sufficiency.
Attachments:
Third Extension and Amendment
Page 60 of 386
THIRD EXTENSION AND AMENDMENT TO AGREEMENT
FOR DISASTER DEBRIS MONITORING SERVICES
This Third Extension to that certain Agreement to provide Disaster Debris Monitoring
Services is entered into effective as of May. 19, 2026, by and between Indian River County, a political
subdivision of the State of Florida ("County") and. DebrisTech, LLC ("Consultant").
BACKGROUND RECITALS
WHEREAS, the County and the Consultant entered into an Agreement for Disaster Debris
Management Services effective May 19, 2020; and
WHEREAS, Article 4 of the Agreement contains the term and renewal provisions; and
WHEREAS, the first term commenced effective May 19, 2020, and ended on May 18, 2022; and.
WHEREAS, the first extension commenced effective May 19, 2022, and ended on May 18, 2024:
and
WHEREAS, the second extension commenced effective May 19, 2024, and ends on May 18, 2026;
and
WHEREAS, no additional renewal terms are contemplated in the agreement; and
WHEREAS, the parties desire to extend the Agreement for an additional period to allow
completion of procurement and award of a new agreement; and
WHEREAS, Article 11 of the Agreement provides Federal Clauses; and
WHEREAS, the parties desire to incorporate a new Federal Clause.
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
Consultant agree as follows:
1. The background recitals are true and correct and form a material part of this ThirdExtension:
2. The third extension shall commence effective May 19, 2026, and shall end on September: 14, 2026,
or the date award of the subsequent procurement is made, whichever is. earlier.
3. Paragraph 11.18 is added as follows:
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.
Paige 61 of 386
(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.
4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and
effect.
IN WITNESS WHEREOF, the parties have caused this Third Extension to be executed effective the
day and year first set forth above.
DebrisTech, LLC
INDIAN RIVER COUNTY, FLORIDA.
BOARD OF COUNTY COMMISSIONERS
By: By:
Printed name: Deryl Loar, Chairman
Title:
Attest: Ryan L. Butler, Clerk of Circuit Court
(Corporate Seal) And Comptroller
Date: By:
Deputy Clerk
Approved:
John A. Titkanich, Jr.
County Administrator
Approved as to form and legal sufficiency:
Christopher Hicks
Assistant County Attorney
Page 62 of 386
Indian River
County, Florida
Memorandum
Indian River County
Administration Complex
180127th Street
Vero Beach, Florida 32960
Indian River County Website
File ID: Type: Meeting Date:
2026-656 Consent Agenda May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Nancy Bunt, Assistant County Administrator
Ron Jones, Public Works Director
Adam Heltemes, Roadway Production Manager
From: Jill Williams, Contract Support Specialist
Date: 04/30/2026
Subject: Amendment No. 2 to RFQ No. 2022072 (IRC -15058)
Consor North America, Inc. (f/k/a Consor Engineers, LLC)
CEI Services, for 66th Avenue (69th Street to CR-510/85th Street)
Background:
On June 14, 2022, the Board of County Commissioners approved an Agreement. with the Florida
Department of Transportation (FDOT) to provide financial assistance under Financial
Management (FM) No. 436379-2-54-01 for the widening of 66th Avenue from`a two-lane
roadway to a four -lane divided highway, extending from 69th Street to CR-510/85th Street.
The project, with an estimated total cost of $15,708,271.04, includes Construction Engineering
and Inspection (CEI) services funded through FDOT's Transportation Regional Incentive
Program (TRIP). The approved TRIP grant amount is.$7,000,000.00, with the County
responsible for the remaining $8,708,271.04.
As required by the TRIP Agreement, the County procured a FDOT-prequalified consultant to
perform CEI services through a Request for Qualifications (RFQ) process.
On March 28, 2023, the Board awarded CEI services io.ConsorEngineers ' LLC for a lump sum
amount of $2,998,953.39, covering a construction:duration of 600 days.
On January 28, 2025, the Board approved Amendment No. 1, which addressed. construction
delays and extended the contract time to April 30; _2026. This amendment increased the
agreement amount by $237,676.00, resulting m a revised total of $3,236,629.39.
Analysis:
Construction delays resulting from weather conditions and utility coordination with Florida
Page 63 of 386
Power & Light, AT&T, and Comcast have extended the project completion date to September 2,
2026.
Amendment No. 2 will extend the CEI services contract duration through December 31, 2026,
aligning with the FDOT grant expiration date.
Budgetary Impact:
This amendment is time -only and does not impact the project budget.
Previous Board Actions:
• March 28,2023: Award of CEI services to Consor Engineers, LLC for $2,998,953.39 (600 -
day duration).
• January 28, 2025: Approval of Amendment No. 1, extending the contract to April 30, 2026,
and increasing the agreement by $237,676.00 to a total of $3,236,629.39.
Potential Future Board Actions:
Closeout of the 66th Avenue (69th Street to CR-510/85th Street) project.
Strategic Plan Alignment:
Other Plan Alignment:
This action aligns with the County's Infrastructure Strategic Plan, which emphasizes the
planning, management, and maintenance of,critical public infrastructure to meet current needs,
future demands, and community expectations.
Staff Recommendation:
Staff recommends that the Board of County Commissioners authorize the Chairman to execute
Amendment No. 2 with Consor North America, Inc., extending the agreement term through
December 31, 2026.
Attachments:
IRC -1505B CONSOR AMEND2
Page 64 of 386
INDIAN RIVER COUNTY
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES
FOR IRC -1505B (66TH AVE FROM 69TH ST TO CR -510/85-" ST) FM NO 436379-2-54-01
AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
CONSOR NORTH AMERICA, INC. (F/K/A/ CONSOR ENGINEERS, LLC) AND INDIAN RIVER
COUNTY, FLORIDA.
This is an amendment to the existing Professional services Agreement (AGREEMENT)
dated March 28, 2023, and Amendment 1 dated January 28, 2025, dated between Consor
North America, Inc. (f/k/a/ Consor Engineers, LLC) (CONSULTANT) and Indian River County
(COUNTY). This Amendment 2 addresses a change in "Section 4 — Term; Time for Completion"
of the AGREEMENT.
Amendment Description
This Amendment includes the following:
"SECTION 4 — TERM; TIME FOR COMPLETION" is being modified to incorporate the following:
Consultant services are required until the completion and closeout of the project,
scheduled no later than December 31, 2026.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
Page 65 of 386
The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the
AGREEMENT shall remain in full force and effect and are incorporated herein.
This Amendment No. 2 to the AGREEMENT regardless of where executed, shall be governed by
and construed by the laws of the State of Florida.
CONSULTANT:
CONSOR NORTH AMERICA, INC.
(F/K/A CONSOR ENGINEERS, LLC)
By:
Print Name:
By:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Deryl Loar, Chairman
Title: BCC Approved Date:
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
John A. Titkanich, Jr., County
Administrator
Jennifer W. Shuler, County Attorney
Page 66 of 386
Indian River
County, Florida
Memorandum
9E
Indian River County
Administration Complex
180127th street
Vero Beach, Florida 32960
Indian River County Website
File ID: Type: Meeting Date:
2026-659 Consent Agenda May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Michael Zito, Deputy County Administrator
Beth Powell, Parks, Recreation, and Conservation Director
From: Gustavo Vergara, Assistant Director of Parks & Recreation
Date: 05/01/2026
Subject: Unrivaled Baseball Network License Agreement
Background:
Unrivaled Baseball Network, LLC is:a for profit corporation in Florida that provides affordable,
competitive, and accessible travel baseball tournaments to all levels of players in the Southeast.
Darrell Hannaseck, the area Director, reached. out to staff about the feasibility of hosting a season
of boys competitive baseball tournaments in Indian River County. Due to availability of the
fields, Mr. Hannaseck agreed to host tournaments at various. facilities to accommodate travelers
north and south of the County. Mr. Hannaseck coordinated directly with the Parks, Recreation
and Conservation Department to receive a quote for the upcoming 2026 fall baseball tournament
series.
Analysis:
County staff have met and discussed the 2026 tournament schedule and can accommodate the
requested dates and services requested shown in the attached draft License Agreement and Fee
Schedule. This License Agreement proposes a `.`.bulls rental" discount reducing the tow, amount
of field rental costs by 25% o. All other services including lights, field prep, fencing, pitching
mounds and staff are at the regular, rate. The ballfield cost of each tournament weekend with the
25% bulk discount would be $2,450 for two days.as shown in the attached Fee Schedule. Total
weekend fees vary as shown. The License Agreement outlines the terms and conditions of the
use of the fields and allows for concession sales onsite at no additional charge.
The tournament schedule requested is Ias follows:
May 16-17, November 21-22, October 17-18, September 26-27, 2026
Budgetary Impact:
This agreement will result in total revenue of $12,850, which will be deposited into the following
accounts:
Page 67 of 386
Account Description
North County Rentals
South County Rentals
Tournament Staff
Total
Previous Board Actions:
First time applicant
Account Number Amount
004034-347213 $8,150
004034-347219 $3,300
004038-369966 $1,400
$12,850
Potential Future Board Actions:
They may return to the area with more tournaments in 2027
Strategic Plan Alignment:
Quality of Life
Other Plan Alignment:
Staff Recommendation:
Staff respectfully requests that the Board of County Commissioners approve the Parks
Recreation & Conservation License Agreement with Unrivaled Baseball Network, LLC and
authorize the Chairman to execute the agreement after review and approval by the County
Attorney.
Attachments:
1. Unrivaled Baseball Network Exhibit A FACILITIES
2. Unrivaled Baseball Network _Exhibit_B 04302026
3. Unrivaled Baseball Network _Exhibit_C_Parks_Division_Rules_12202023
4. UBN (FL) FLLLC-FL DBA
5. UBN (FL) LLC -FL For. Qual.
6. Unrivaled_Baseball Network LICENSE AGREEMENT gv_04282026 - signed
Page 68 of 386
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Exhibit C
Indian River County
Parks Division Rules & Regulations
General Rules
1. Scheduling is conducted on a first come, first serve basis for open dates.
Reservation dates may only be secured and guaranteed with a minimum 25%
Deposit Fee and fully executed Agreement. Staff reserves the option to issue a
placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully
executed Agreement which will secure the date pending a due diligence review.
Placeholder Agreements shall automatically expire 6 months prior to the
scheduled event date and the reservation forfeited unless the Applicant enters
into an Agreement.
2. Permits for groups composed of minors will be issued only to adults who accept
responsibility for supervising them throughout the period of the permit.
3. Security Plan:
a. Festival events shall present a security plan to the Indian River County
Sheriii's Office Division of Law Enforcement. Approval and sign off by
the Division shall be a condition precedent of the issuance of the
Permit/License Agreement.
b. Assigned law enforcement officials must have arresting authority in Indian
River County, i.e. IRCSO, FHP etc.
c. The County will determine in its sole discretion the level of security of
sworn law enforcement and emergency services personnel.
4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be
approved in advance through the event permit and fire, permit process.
5. Any signage visible from the road in any county right of way requires a permit
from the Code Enforcement Division prior to placement.
6. No animals are allowed unless assisting the handicapped or the event is an animal
related event.
7. Alcohol is strictly prohibited except through the issuance of an Alcohol permit
issued by the Parks Division.
8. Smoking on park property is strictly prohibited.
9. Under no circumstances shall any person remove any equipment or other items
from the premises.
10. Facilities shall be restored to their original condition and all activities ceased by at
the time referenced in the Agreement.
11. Control of all lights, thermostats and other equipment, and the locking and
unlocking of doors is the responsibility of the Parks Division Staff. Staff should
be notified of any special needs of the Applicant.
12. Applicant agrees to hold Indian River County, FL harmless from any and all claims
for damages to persons or property resulting from their, use of any facility.
13. Applicant agrees to accept facilities "as is." Applicant acknowledges
responsibility for conduct of each member / guest attending event. Applicant
conducts all events at their own risk. All attendees must abide by County policies.
14. Insurance requirements shall be determined at the sole discretion of the County
Risk Manager. Certificates of insurance designating "Indian River County, FL"
Southeastern Fastpitch License Agreement
Initials
Page 1 of 2
rev. 12/28/2023
Page 73 of 386
Exhibit C
as additional insured shall be presented to the County no less than 30 days prior to
the event.
15. All activities shall be subject to inspection by Indian River County Offices of Fire
Prevention, Health Department, Sheriff's Office, Risk Management, Traffic
Control, Solid Waste Disposal District and Florida Department of Business and
Professional Regulation.
Southeastern Fastpitch License Agreement
Initials
Page 2 of 2
rev. 12/28/2023
Page 74 of 386
of T� sr,U,
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FLORIDA DEPARTMENT OF STATE
Division of Corporations
January 15, 2026
FLORIDA DIAMOND SPORTS MANAGEMENT
880 LONG DRIVE
ABERDEEN, MD 21001
Subject: FLORIDA DIAMOND SPORTS MANAGEMENT
REGISTRATION NUMBER: G26000007416
This will acknowledge the filing of the above fictitious name registration which
was registered on January 15, 2026. This registration gives no rights to
ownership of the name.
Each fictitious name registration must be renewed every five years between
January 1 and December 31 of the expiration year to maintain registration.
Three months prior to the expiration date a statement of renewal will be mailed.
If the mailing address of this business changes, please notify this office in writing,
or through the link provided on our website www.sunbiz.org for Address &
FEI/EIN Changes. Please reference the original registration number.
Should you have any questions regarding this matter you may contact our office
at (850) 245-6058.
Theresa R Wilson
Reinstatement Section
Division of Corporations Letter No. 926A00000965
Account number: 120000000195 Account charged: 50.00
www.sunbiz.org
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
Page 75 of 386
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ar
Ai'IN FOR REGISTRATION OF FICTITIOUS NAME
knowledgemontslcortificales will he vont to the address In Section 1 only.
114 ' t11 ed Spurts Management
xis ill l►labb Registered (See Imlnrdlero "nem W&des a business entity sufft or IndOlor)
2, 880 Long Drive
twfartgMlM►MR+r11aNe
Aberdeen MD 21001
City stele Zip Code
3. Florida County of principal place of business: multiple
(see I"truceon' l( more then one county)
4. FEI Number: 39-3397659
This space is for office use only
CR4E001 (10120)
A. Owner(s) of Fictitious Name If Individual(s): (Use an attachment if necessary)
1. 2.
Last First M.I. Last First
Address
Address
City Stale Zip Code City State
B. Owner(s) of Fictitious Name If Entity: (Use an attachment if necessary)
2. Unrivaled Baseball Network (FL), LLC 2.
Entity Name Entity Name
880 Long Drive
Address Address
Aberdeen MD 21001
City State Zip Code City Slate
Florida Document Number: S 0 Florida Document Number:
FEI Number: 39-3397659
❑ Applied For
❑ Not Applicable
FEI Number:
❑ Applied For
M. 1.
Zp Code
Zip Code
❑ Not Applicable
I, the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. In
accordance with Section 865.09, F.S., I further certify that the fictitious name to be registered has been advertised at least once in a
M newspaper as defined in chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the
r_ signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to
O the Departr ent of S to constitutes a third degree felony as provided for in s,817.155, F.S.
legal@unrivaledports.com
Signature of owner in Sec n 2 Date Email Address: (to be used for future renewal notification)
Phone Number: 856-2874835
FOR CANCELLATION COMPLETE SECTION 4 ONLY:
FOR FICTITIOUS NAME OR OWNERSHIP CHANGE COMPLETE SECTIONS 1 THROUGH 4:
O 1 (we), the undersigned, hereby cancel the fictitious name
:r
v
d which was registered on and was assigned registration number
Signature of Owner of Registration being Cancelled
Dale Signature of Owner of Registration being Cancelled
Date
Mark the applicable boxes 0 Certificate of Status- $10 :: ❑ Certified Copy- $30
ANF -565691 NON-REFUNDABLE PROCESSING FEE: $50
d t,'? L. G',-1 E
Page 76 of 386
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5
COD2tN'
FLORIDA DEPARTMENT OF STATE
Division of Corporations
December 30, 2025
CSC
Qualification documents for UNRIVALED BASEBALL NETWORK (FL), LLC were filed
on December 29, 2025, and assigned document number M25000018032. Please refer
to this number whenever corresponding with this office.
Your limited liability company is authorized to transact business in Florida as of the file
date.
To maintain "active" status with the Division of Corporations, an annual report must be
filed yearly between January 1st and May 1st beginning in the year following the file
date or effective date indicated above. If the annual report is not filed by May 1st, a
$400 late fee will be added.
A Federal Employer Identification Number (FEI/EIN) will be required when this report is
filed. Apply today with the IRS online at:
https://sa.www4.irs.gov/modlein/individual/index.jsp.
Please notify this office if the limited liability company address changes.
Should you have any questions regarding this matter, please contact this office at the
address given below.
Karen A Saly
Regulatory Specialist II
Regulatory/Qualification Section
Division of Corporations
Account number: I20000000195
Letter Number: 325A00028754
Amount charged: 125.00
www.sunbiz.org
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 Page 77 of 386
TO: Registration Section
Division of Corporations
SUBJECT: Unrivaled Baseball Network
COVER LETTER
FL), LLC
Name of Limited Liability Company
The enclosed "Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida," Certificate of
Existence, and check are submitted to register the above referenced foreign limited liability company to transact business in Florida.
Please return all correspondence concerning this matter to the following:
Michael Campbell
Name of Person
Unrivaled Baseball Network (FL), LLC
880 Lona Drive
Firm/Company
Address
Aberdeen, MD 21001
City/State and Zip Code
legal@unrivaledsports.com
E-mail address: (to be used for future annual report notification)
For further information concerning this matter, please call:
Michael Campbell
Name of Contact Person
Mailing Address:
Registration Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
at( 856 ) 287-4835
Area Code Daytime Telephone Number
Street Address:
Registration Section
Division of Corporations
The Centre of Tallahassee
2415 N. Monroe Street, Suite 810
Tallahassee, FL 32303
Enclosed is a check for the following amount:
Please make check payable to: FLORIDA DEPARTMENT OF STATE
❑ $125.00 Filing Fee ❑ $130.00 Filing Fee & ❑ $155.00 Filing Fee & ❑ $160.00 Filing Fee, Certificate
Certificate of Status Certified Copy of Status & Certified Copy
Page 78 of 386
APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS
IN FLORIDA
NCOIMPPLIANCE WPI7ISECC III01V 605 0902, FLORIDA SLVLrjj�S 7HEFOLLOWING lSSUBMff= 7bREGISIFR A FORIIGN IA1llF.D IIABIlI11'
t0MPA1VY70YR4MM4CTBZAiS3 NINE STT1EOF1LORIDA
1 Unrivaled Baseball Network (FL), LLC
(Name of Foreign LimitedLtabi 'ty Company; must include "Limited Liability Company," "L.L.C.," or "ILC"
(If name unavailable, enter alternate name adopted for the purpose of transacting business in Florida. The alternate name must include "Limited Liability Company," "L.L.C, ' or "LLC.')
2. Delaware 3. 39-3397659
(Jurisdiction under the law of which foreign limited liability company is organized) (M number, if applicable)
4. N/A
(Date t transacts inese m Flon a, prior to regtatratton.
(See sections 605.0904 & 605.0905, F.S. to determine penalty hability)
5, 880 Long Drive
(Street Address of Principal office)
Aberdeen, MD 21001
6. 880 Long Drive
(Mailing Address)
Aberdeen, MD 21001
a
f t Cn
7. Name and street address of Florida registered agent: (P.O. Box NOT acceptable) y N
Name:
Office Address:
Corporation Service Company
1201 Hays Street
Tallahassee 32301
Florida
(City) (Zip code)
Registered agent's acceptance:
Having been named as registered agent and to accept service of process for the above stated limited liability company at the place
designated in this application, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree
to comply with the provisions of all statutes relative to the proper and complete performance of my duties, and I am familiar with
and accept the obligations of my position as registered agent.
Corporation Service Company
Page 79 of 386
8. For initial indexing purposes, list names, title or capacity and addresses of the primary members/managers or persons authorized to
manage [up to six (6) total]:
Title or Capacity: Name and Address: Title or Capacity: Name and Address:
❑Manager Name: Unrivaled Baseball Network, LLC ❑Manager Name:
WMember
Address: 880 Lone Drive
OMember
Address:
❑Authorized
Aberdeen, MD 21001
❑Authorized
Person
Person
❑Other
❑Other
❑Other.
❑Other
❑Manager
Name:
❑Manager
Name:
t�
OMember
Address:
OMember
Address:
❑Authorized
❑Authorized
�o
Person
OOther
OManager Name:
OMember Address:
❑Authorized
Person
OOther
OOther
Person '
❑Other ❑Other I
OManager Name: _
OMember Address:
OAuthorized
Person
OOther OOther.
❑ Other
Important Notice: Use an attachment to report more than six (6). The attachment will be imaged for reporting purposes only. Non-
indexed individuals may be added to the index when filing your Florida Department of State Annual Report form.
9. Attached is a certificate of existence, no more than 90 days old, duty authenticated by the official having custody of records in the
jurisdiction under the law of which it is organized. (if the certificate is in a foreign language, a translation of the certificate under oath
of the translator must be submitted)
10. This document is executed in accordance with section 605.0203 (1) (b), Florida Statutes. I am aware that any false information
submitted in a document to the Depaartme of State constit es a third degree felony as provided for in s.817.155, F.S.
Signature of an authorized person
Michael Campbell
Typed or printed name of signee
QUAL-774322
Page 80 of 386
Delaware
The First State
I, CHARUNI PATIBANDA—SANCHEZ, SECRETARY OF STATE OF THE STATE
OF DELAWARE, DO HEREBY CERTIFY "UNRIVALED BASEBALL NETWORK (FL),
LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS
IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF
THIS OFFICE SHOW, AS OF THE TWENTY—FOURTH DAY OF DECEMBER, A.D.
2025.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "UNRIVALED
BASEBALL NETWORK (FL), LLC" WAS FORMED ON THE TWENTY—THIRD DAY OF
JULY, A.D. 2025.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN
ASSESSED TO DATE.
10271146 8300
SR# 20254988749
You may verify this certificate online at corp.delaware.gov/authver.shtml
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Cheruni Patibanda-Sanchez, Secretary of State
Authentication: 205720038
Date: 12-24-25
Page 81 of 386
INDIAN RIVER COUNTY PARKS RECREATION & CONSERVATION
LICENSE AGREEMENT
WITNESSETH:
WHEREAS, Indian River County (the "County") is the owner, of certain property known as the
Dick Bird (South County) Regional Park, and subsequent four (4) field softball: complex within the Park,
Fran Adams Park (North County), and subsequent four (4) field softball complex. within the Park, and
Hobart Park, subsequent three (3) field baseball/sofiball:complex within:the Park located in Indian River
County, Florida, (the "Ballfields"); and
WHEREAS, the County has the authority to issue and/or execute, and Unrivaled Baseball
Network (FL) LLC, (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the
utilization of the Ballfields, which Applicant has inspected and hereby acknowledges to. be sufficient. for its
intended purpose and/or use contemplated hereunder; and
WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in
the State of Florida and Indian River County; Florida and has or will obtain and :maintain the proper
certification, licensure, insurance, permits and all other requirements pursuant- to federal, state andlocal: .
laws, statutes, ordinances, rules and regulations necessary to conduct: any and all activities contemplated
herein, and to satisfactorily perform its obligations as herein required; and
WHEREAS, the Applicant acknowledges that the use of the Ballfields is subject to. and expressly
conditioned by section 205.04.(Permits) of the Indian River County Code of Ordinances, if applicable at the
time of the License Duration, which are hereby incorporated:by reference when applicable;
NOW, THEREFORE, for and in consideration of the use of the Ballfields and other valuable
consideration, the legal sufficiency of which is hereby y both acknowledged b
g parties, and of the mutual
..covenants herein contained, the parties, as indicated by their authorized representatives' signatures below,
hereby agree to the terms and conditions set forth herein-
..
Indian River CountParks, Recreation & Conservation License Agreement Unrivaled Baseball Network (FL) LLC.
6UGIdi2.l�'lQltlH Pagel of'II
Initials ,„,,.,,..,,w,.�,.,,,..,.,�.,
Page 82 of 386
May 19, 2026
License Duration:
Various dates see attached Fee Schedule
Effective Date:
Unrivaled Baseball Network
Organization:
(FL) LLC d/b/a Florida
Contact Name:
Darrell Hannaseck
Diamond Sports
Address'
880 Long Drive
Phone:
727-692-0834
City/state/zip Code:
Aberdeen, MD, FL 21001
E -Mail:
dhannaseck@unrivaledbaseballnetwork.com
Name of Event:
Baseball Tournament
Expected
Attendance:
Varied
E N ent Time:
AN Day
Load -Out
6:UU.8.m.
Date/Time:
11'00 P.M.
Load -In Date/Time:
WITNESSETH:
WHEREAS, Indian River County (the "County") is the owner, of certain property known as the
Dick Bird (South County) Regional Park, and subsequent four (4) field softball: complex within the Park,
Fran Adams Park (North County), and subsequent four (4) field softball complex. within the Park, and
Hobart Park, subsequent three (3) field baseball/sofiball:complex within:the Park located in Indian River
County, Florida, (the "Ballfields"); and
WHEREAS, the County has the authority to issue and/or execute, and Unrivaled Baseball
Network (FL) LLC, (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the
utilization of the Ballfields, which Applicant has inspected and hereby acknowledges to. be sufficient. for its
intended purpose and/or use contemplated hereunder; and
WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in
the State of Florida and Indian River County; Florida and has or will obtain and :maintain the proper
certification, licensure, insurance, permits and all other requirements pursuant- to federal, state andlocal: .
laws, statutes, ordinances, rules and regulations necessary to conduct: any and all activities contemplated
herein, and to satisfactorily perform its obligations as herein required; and
WHEREAS, the Applicant acknowledges that the use of the Ballfields is subject to. and expressly
conditioned by section 205.04.(Permits) of the Indian River County Code of Ordinances, if applicable at the
time of the License Duration, which are hereby incorporated:by reference when applicable;
NOW, THEREFORE, for and in consideration of the use of the Ballfields and other valuable
consideration, the legal sufficiency of which is hereby y both acknowledged b
g parties, and of the mutual
..covenants herein contained, the parties, as indicated by their authorized representatives' signatures below,
hereby agree to the terms and conditions set forth herein-
..
Indian River CountParks, Recreation & Conservation License Agreement Unrivaled Baseball Network (FL) LLC.
6UGIdi2.l�'lQltlH Pagel of'II
Initials ,„,,.,,..,,w,.�,.,,,..,.,�.,
Page 82 of 386
�. ") PP . Y apply v J`
A Bement applies to the use of the Ballfields. The areas, personnel and facilities of the
Ballfields which Applicant ma a 1 for a :permit,. license, or use hereunder are more...
particularly described as the "Premises" shown in Exhibit B which Applicant acknowledges to
be sufficient, as is, for its intended purpose and/or use contemplated hereunder..:. i
2. Applicant may use and have access to the Premises fora. period, commencing ri the dates outlined
in Exhibit B at 6:00 am on the first day of each tournament, and. ending at 11:00 pm.on the Sunday
day of each tournament weekend ("License Duration"), which License Duration shallinclude set-
up, removal and clean-up of Applicant's property. Where the Applicant requires usage after the
stipulated time, Applicant is required to pay additional . charges including, but not limited to Parks
Staff hourly rates and any overage fees as set forth in the Parks Fee Schedule attached as Exhibit
B C Fee Schedule").
I
B. AUTHORIZED USE, TERMS & CONDITIONS:
1. The Premises are to be used by Applicant for the 2026 Youth Baseball Tournament Season (the
"Events").
(a) The Events may include the following activities:
Youth baseball tournaments and concession sales
(b) Hours covered under the License Agreement/License Duration are from 6:00am to 11.00pm.
Tournament play must be finished no later than 11:00pm: each day. All property owned by
the Applicant or his subcontractors must be removed from the property no latet' than 11:00pm
otherwise additional fees may assessed.
(c) The Events shall be used for no other purpose whatsoever, unless prior written approval is
requested in writing by Applicant and given by the County which approval shall be subject
to availability but not be unreasonably withheld, conditioned, or delayed solong as such
request is submitted at least 15 days prior to the beginning of each tournament for the entirety
of the License Duration. Such change may result in a modification of : the insurance
requirements set forth in B.15.
2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises
the following sums:
(a) Rental fee for the sum of all events will be $12,850, plus any additional charges imposed at
the request of the Applicant to be reconciled at the end of License Duration, based on the
calculations on the attached Fee Schedule. An Event Deposit of $1,000 ("Event Deposit"),
will be or has been collected from the Applicant: in order to secure the Ballfields for the::
Events. The balance of the rental fee for each tournament and any remaining. payments,
including any expenses, charges or other fees described in this License Agreement shall be
Indian River County Parks, Recreation & Conservation License Agreement Unrivaled Baseball Networkfff) LAC
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due seven (7) days prior to the scheduled date of each tournament weekend. Any incidental
charges or fees not included in this Agreement at the time of execution shall be due within
five (5) business days of the conclusion of the Event as ,described in B.a .b.
(b) The Event Deposit hall be applied against ust the feed,costs, expenses, charges and/or
delinquent payments described herein, and against any costs of repair or replacement of
damages to the Ballfields that directly or indirectly result from the Events, whether caused
by Applicant or Applicant's employees, invitees, 'licensees; contractors, assignees,
contestants, exhibitors or performers, or others on the . ses at Applicant's :direction or
invitation. The County's use of the Event Depositor any other sum described herein shall
in no way constitute a waiver of any other right the County may have at law or equity. An
Event Deposit, to the extent unused, shall be returned to Applicant within thirty (30)
business days following the last tournament held November 21 and 22, 2026.
3. The Applicant shall provide to the County information as to the total number of teams registered
and the start and anticipated end times of gameseven usme�ss ayys prior" 'o e s a of each
tournament. The: County reserves the right to cap ticket sales depending on the capacity, of the
Premises because of law enforcement, sanitation, traffic control or due to otherpublic safetyissues.
4. Applicant shall be financially responsible for all charges for all materials, personnel, services and
equipment that the County fixrns es for the Events;
5. This License Agreement is not a permit. As set forth in sections 205.04 (Permits); of the Indian
River County Code of Ordinances, the Applicant must obtain the necessaryCounty use permits,
which require the Applicant to timely obtain approvals of plans, including but not limited to,
adequate sanitation. facilities and sewage disposal, parking facilities, transportation of patrons,
adequate medical, facilities, adequate security and traffic control. Applicantshall be responsible
for all costs associated with such facilities and services.
6. The County shall have the right, after coordination with the Applicant's authorized representative,
to determine in its sole discretion the level of County staff necessary to service :the facilities during
the License Duration. Applicant shall be responsible for all additional costs for County staff and
Applicant may request additional staff as needed.
7. Payment for each tournament, as described in Exhibit B, shall be paid in full seven (7) days prior
to the start of each tournamexJ Applicant's failure to make any of the payments required hereunder
in a timely manner shall constitute a material. breach and shall result in the immediate termination
of this License Agreement. All fees, :costs and expenses;: including, without limitation, attorney's
fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed
by Applicant.
8. Applicant (including all artists, performers, entertainers;: sound technicians, ,employees, and
subcontractors of Applicant, and any other participating in the production of the Event) shall
comply and ensure compliance with the following during the Event:
(a) The starting hours listed above may be adjusted to begin earlier upon approval of the County.:
(b) The end hours as listed above may be adjusted to end later upon approval from the County.
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(c) Applicant must discuss the possibility of starting or ending outside of the hours listed above
on the Friday before each tournament date.
Undisclosed or unpermitted activities. or hours shall be cause for this License Agreement to be
voidable by the County at any time during the License Duration. -Undisclosed and unpermitted
activities shall be subject to cancellation of the Event, and Applicant shall.be subject to damages,
penalties and other legal and equitable remedies including, but not limited to full payment under
this License Agreement.
10. Applicant shall not assign this License Agreement or any rights hereunder ori sublet the Premises
without the express prior written consent of the Deputy. County Administrator or his/her designee.
11. In the event that the Premises or any other portion of the Eallfields are not vacated and cleaned by
Applicant at the end of the License Duration, the County is hereby authorized to remove from the
Premises, at the expense of Applicant, all goods, wares, merchandise and property: of .any and all
kinds and descriptions placed or permitted therein by Applicant and which may be then occupying
the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise
be removed. perrywhich may
b herebmexpresslyreleases Co s such removal or of the place to which
it may or other property rty Y � Y reason of
damages pp Y from any and all such claims for
ges of whatsoever kind or nature. and agrees to. defend, indemnify and, hold County harmless
at Applicant's expense as to any claims for damages bythird panties having interests in such goods,
wares, merchandise and property, including costs and attorney's fees.
12. Applicant shall: (i) use and occupy the- Premises in a safe and careful manner, including but not
limited to properly covering any and all power cords; (ii) comply with all federal, state and local
laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes
provided above;. (iv) not permit the Premises; or any part thereof, to be . used for any unlawful.
purpose or in any manner that may result in or cause harm and/or damage to persons or property;
(v) not post or exhibit or allow to be. posted or exhibited signs; advertisements, show -bills,
lithographs, posters or cards of any description inside or in front of, or on any part of the Premises,
except with the prior written consent of County, which consent shall not be unreasonably withheld;:
conditioned, or delayed; and (vi) deliver to. the County the Premises :in as good a condition and
repair, including all necessary trash or waste removal, as the same shall be found at the beginning
of the License Duration. Additionally, Applicant:
(a) assumes all costs arising from the. use of patented, trademarked or copyrighted :materials,
equipment, devices, processes, or dramatic rights used on or incorporated:in.the conduct of
the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
expense from all suits, actions, proceedings; damages, costs and'expenses in law or equity,
including attorney's fees, for or on account of any patented, trademarked or copyrighted
materials, equipment, devices, processes or dramatic rights furnished. or used by Applicant
or its employees, invitees, licensees, contractors; assignees, performers, contestants and-
exhibitors,
nlexhibitors, in connection herewith.
(b) shall not alter landscaping; fencing or any permanent structure nor shall. there be any
obstruction to ingress and egress to and from the Premisea..without the express written
consent by the County.
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(c) acknowledges that the County shall have the sole right to collect and have :the custody of
articles left at the Premises by persons attending any: Event given or held on the Premises,
and Applicant or any person in Applicant's employ shall not collect of interfere with the
collection or custody of such articles.
(d) acknowledges that the County reserves the right to eject any persons reasonably deemed
violent or otherwise dangerous to health, safety and welfare.
(e) acknowledges that in the event that the _Premises' Thorguard lightning detention system
sounds an alarm warning the public about the proximity of lightning in the area, the Applicant
will stop play and clear the fields until the all clear sound is made by the system.
(f) acknowledges that the County: may immediately terminate the Event if the National Weather
Service issues a severe weather warning, ror imminent severe weather conditions develop in
the area indicating a risk to public safety, or a state of emergency has been declared.
Applicant hereby waives any rights and all claims for damages against the County that may
result from the exercise of the rights reserved herein.
i. In the event any part of the Ballfields are damaged or unsafe for use to: due to a
hurricane, fire, water, or any other cause,. or if any other. casualty or unforeseen
occurrence shall render the fulfillment of the Agreement by.ft'County impossible
for the event, the County shall refund all' fees to the Applicant.
(f) represents and warrants to the County that Applicant's employees,. invitees, licensees,
contractors, assignees, contestants, exhibitors and performers by their speech, song, music,
conduct or manner will not violateor incite others to violate any statute, law, ordinance, rule,
regulation or order of any federal, state; municipal or other governmental authority.
13. The County and its officers, agents and employees engaged in: the operation and maintenance of
the Premises reserve the right to enter upon and to have free access to the Premises at any and all
times, which reservation is hereby acknowledged and agreed to by Applicant..:
14. Applicant releases and forfeits any right of action against the County or its members; officials,
employees and agents from any liabilities, claims for damages, losses, and costs which arise out
of or in connection with the Events and to the fullest extent permitted by law, indemnifies, defends
and saves the County and:County's members, officials, officers; employees and:agents harmless
(1) against all liability, clairns for damages, and suits for or by reason of any injury to' any person,
including death, and damage to any property for everycause in any way connected with the Event
irrespective of negligence, actual or claimed, upon the park. of the County, its agents and
employees, except where caused by the willful and wanton acts of County officials, officers,
employees and agents, and (2) from. all expenses incurred by the County for.police protection, fire
sanitation and maintenProtection and emergencymedical services restoration and clean up, ance
..
_. _ _ to reserve: public order and protect public health, welfare and and expenses that are required
safety on the Premises of the Event.
Indian River County Parks, Recreation & Conservation License Agreement Unrivaled Baseball 1%4work _(f4) LLC.
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Schedule
Limits
Commercial General Liability - No more restrictive than
$1;000;000 Each Occurrence Combined
ISO Form CG0001 (including property damage,
Single Limit
personal injury, products / comp. ops. agg., premises,
operations, and blanket contractual liability, and host
liquor liability)
(The County and County's members, officials, officers, employees and agents, shall be named as
additional insureds under all of the above Commercial General Liability coverage).
In .the event the use of motor vehicles is an integral part of the Event (unless a. separate ordinance is
specifically applicable to the automobiles):
Automobile Liability (all automobiles -owned, hired or $5:00,000 Combined Single Limit
non -owned)
In. the event the Applicant hires employees for the Event or: is otherwise required\ to carry workers'
compensation insurance, the Applicant will provide evidence of workers' compensation. insurance or
exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida
Statutes. Applicant will assume responsibility -for Applicant's discretion in confirming that all of the.
Applicant's contractors or subcontractors engaged in work for the Event have the. appropriate workers'
compensation coverage. Such evidence will include: evidence of workers' compensation benefits and
employer's liability insurance for the following minimum limits of coverage:
Workers Compensation Florida Statutory'Coverage
Including coverage for any appropriate Federal Acts
:(e.g. Longshore and Harbor Workers Compensation Act;
33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688
et seq.) where activities include liability exposures for
events or occurrences covered by Federal statutes.
Employer's Liability $100,000 Each Accident .. .
$500,000 Disease.Policy Limit
$:1:00,000 Each Employee/Disease
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In the event that any services or activities of a:professional nature are provided, and Risk Management
determines the coverage is necessary, pursuant to (k) below:
Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim
In the event that children will be supervised in connection with the Event and Risk Management
determines the coverage is necessary, pursuant to (k) below:
ty
�� e/Claim
Sexual Molestation Liability $1,000,000 Each Occurrenc
(b) Participants — Except as set forth below, the . Applicant shall assume all responsibility :for .
Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants
and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in
the types and amounts necessary to adequately protect the County and the County's members, .
officials, officers, employees and agents.
(c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and
will not require contribution from any insurance or:self-insurance maintained by the County.
(d) Deductibles —The deductibles of the insurance policies applicable to the Event shall be deemed
customary and the responsibility of the Applicant and. any named insureds.
(e) Additional Insured —. The Applicant's. insurance, except workers' compensation and any
additional coverages where it is unavailable, :will name the Hoard of County Commissioners of
Indian River County and County's members, officials, officers, employees and agents, as
additional insureds under all insurance coverages required for the Event.
(f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In
the event that coverage is only available on a claims made form, the Applicant shall agree to
maintain an extended reporting coverage fora minimum of',two years past the expiration of the
annual policy term.
(g) Duration — Notwithstanding anything. to the contrary, the Applicant's liabilities intended to be
covered by the insurance coverage(s) required under thi$ section shall survive : and not be
terminated, reduced or otherwise limited by any expiration -or termination of particular policies
for insurance coverages.
(h) Sovereign Entities — State and federal agencies eligible for: sovereign immunity may submit a
statement of self-insurance for: liability as allowed by the applicable state or federal statute.
Such statement will be acceptable in place of insurance requirements defined herein.
i Financial Responsibility onsibili Applicant shall obtain insurance by an: insurer holding a current
(�) P tY — . PP.� .
certificate of authority pursuant to Chapter 624,: Florida Statutes, or:a company that is declared
as an approved Surplus Lines carrier under Chapter 626, Florida: Statutes. Such uisurance shall
be written by an insurer with an A.M.Best Rating of ANN or better. Applicant must maintain
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continuation of the required insurance throughout the Event, which includes load -in, setup, tear
down, and load -out.
(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the
County's Risk Manager, demonstrating the maintenance of the required insurance including the
additional insured endorsement fifteen (I 5) days prior to the Event Date. Upon written request,
the Applicant shall make its insurance policies and endorsements availableto the County's Risk
Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies
with this License Agreement's requirements; including, if any, additional insurance coverages
deemed necessary by the Risk Manager. No material alteration or cancellation, including.
expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after
receipt of written notice by the County from the Applicant or the Applicant's insurance
company.
(k) Discretionary Authority — Depending upon the nature of any aspect of any: event and its
accompanying exposures and liabilities, the County may, at its sole option, require additional
insurance coverages not listed above, in amounts responsive to those liabilities, which may or
may not require that the County, also be named: as. an additional insured.
1 Applicant is required to immediately notify the County of any incident, accident, occurrences
and/or claims made in connection with the Event.
16. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or
conditions, including the timely submittal of all documents set forth in Section B, of this License.
Agreement, the County may terminate this License Agreement and decline to issue any: and all
permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges
hereunder, whether accruing before or after such termination, shall be considered part of and
inclusive of the County's damages resulting from Applicant's default .. ' Applicant's default
hereunder shall be considered a default of any and all agreements by and between Applicant and
the County, and any amounts due Applicant under its other agreements with the County may be
used by the County to remedy Applicant's defaults Hereunder. Any remedy granted in this License.
Agreement to County shall be in addition to all other remedies available to County in law or
equity, and not exclusive of such remedies.
17. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the
Event, the County must receive written notice; Applicants may be entitled to a reTund according
to the followin schedule:
Faruaric UTTo fourteen (14) days from the date of each tournament of the License
Agreement Duration will receive a refund equal to 100% of the payment collected under '
Exhibit B.
(b) Cancellation prior to Five (5) business days from the date of each tournament of the
License Agreement Duration will warrant a cancellation fee of $250, the remainder of the
balance paid for the tournament will be refunded or applied to the next tournament date.
(c) Cancellation due to inclement weather or acts of god will infer no cancellation fee and the
paid amount will be refunded or applied to the next tournament as requested by the
Applicant.
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18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto,
should be so damaged or destroyed by fire or other cause, without the fault of Applicant; as to prevent
the use of the Premises for the Events, then this License Agreement shall terminate. In such event,:
the County shall be paid for all items :of expense incurred by it under this License Agreement and
any rental accrued prior to such destructionor damages, but Applicant shall be relieved of paying
rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's
control shall include, without limitation, acts of God, floods; earthquakes; hurricanes, fires and other
natural disasters, acts of public enemies, riots or, civil disturbances, sabotage, strikes and restraints
imposed by order of a governmental agency or. court. Causes or events within Applicant's control,
and thus not falling within this Section 12, shall include; without limitation, Applicant's financial
inability to perform or comply, with, the terms and conditions hereof, economic hardship, a featured
act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of
Applicant's directors, officers, employees, contractors, or agents.
(a) In the event any part of the Ballfields are damaged or unsafe. for use to due to a hurricane,
fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render
the fulfillment of the Agreement by the County impossible for the event, the County shall
refund all fees to the Applicant.
19. Applicant acknowledges receipt of and agrees to comply with the Parks' Rules and Regulations
which are attached hereto as Exhibit C and incorporated by reference:
pp g y otherwise of the furniture; appliances
20. Applicant assumes all risks of damages to and loss b theft or
or other property of Applicant or Applicant's employees, invitees, licensees, contractors,,:
assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and
Applicant hereby expressly releases and discharges County fra�m any and all liability, for any such
loss and agrees to defend, indemnify and hold County harmless from :all claims and actions for
damages as to such losses, including attorney's fees:
21. Countyand Applicant retain all television, film,.recording and
pp g licensing rights as to any Event that
takes place in or on the Premises, provided such is permitted within the Artist Contract. County
will coordinate such recordings with Applicant's marketing representative. In the event of artist
recording restrictions, Applicant shallrequest the right to allow the County to take generic
production and still photographs of the Event.
22. Unless excused by impracticability or impossibility of performance or other lawful contractual
defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall
appear at the published time or within one hour thereafter. Applicant shall: not advertise or..permit
any advertising that a particular performer will appear for the Event until after a contract for the
performer's appearance has been executed and a copy thereof has been provided to the County;
otherwise, the County may terminate this License Agreement and cancel the Event.
23. No exception or waiver of any provision of this License Agreement shall be effectiye unless in
writing signed by the Deputy County Administrator. No such waiver shall be held to waive the
same provision on a subsequent occasion or be construed to constitute a waiver of any other
provision of this License Agreement. This License Agreement . contains the entire _agreement
between the parties, unless modified or amended by a subsequent written agreement executed by
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the parties. This License Agreement shall, be governed by the laws of the State of Florida, and
venue for the resolution of disputes hereunder shall.be in a court of law in Indian River County,
Florida.
24. When applicable, at least 14 days prior to each Event Date, Applicant shall. submit proof of
application for a "Special Events & Tenn Sales Inspection Permit" from the. Indian River County
Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101
& 102 and IRC Ordinance Section 208.11.
25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses
for the services provided at the Event.
26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
27. Animals will not be permitted onto the Ballfields during an event unless they are considered a
Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service
animal as "any dog that is individually trained to do work or perform tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric, intellectual, or other .
mental disability. Other species of animals; whether wild or domestic, trained or.untrained, are
not service animals for the purposes of this definition." C.F.R. § 35.104 and §. 3&104 (2010)._
Indian River County Code of Ordinances also states: "Dogs prohibited... No dogs are allowed in
any park or recreational facility unless specifically posted as allowable by the department. (205.3
paragraph 22).
28. Any notice, request, instruction, demand, consent or other communication required, or permitted
to be given under this License Agreement shall be in writing and shall be given in writing and
delivered by email or US Mail, Certified - Return Receipt Requested, to the following:
Indian River County. Parks, Recreation and Conservation Department
Attn: Gustavo Vergara, Assistant Director
1590 9th Street SW
Vero Beach, FL 32962
Applicant: Unrivaled Baseba l Net „ k (FL) LLC d/b/a Florida Diamond Sports
Name: Darrell Hannaseck
Address: 880 Long Drive, Aberdeen, MD 2100i
Email: dhannaseck@unrivaledbaseballnetwork.com
29. Applicant acknowledges. that the County makes no guarantees to Applicant; express .or implied, as
to any pecuniary gain that Applicant may have intended to result from the Event::
30. The recitals and WHEREAS clauses are true, accurate and .correct and are hereby incorporated
herein by this reference.
31. Services Provided by the County:
(a) County reserves the. right: to determine the adequacy of outside services procured by the
Application under Section B as a condition of the Permit.
Indian River County Parks, Recreation & Conservation License Agreement Unrivaled Baseball Network.(FI) ILC.
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IN WITNESS WHEREOF, the patties, by and through their authorized representatives' signatures
below, do hereby execute this License Agreement on this 41 day of May, 2026.
APPLICANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY; FLORIDA
Wade Ma 64
By. Wade Martin (May 4 2026 16:58:54 MDT) By.
Deryl Ioar, Chairman
Print Name: Wade Martin
BCC Approved Date:
Title: Authorized Person
ATTEST: Ryan L. Butler, Clerk of the Court and Comptroller
By:
Deputy Clerk
Unrivaled Baseball Network LICENSE AGRE
EMENT_gv_04282026
Final Audit Report 2026-05.04
"Unrivaled_Baseball_Network_LICENSE_AGREEMENT_gv_042
82026" History
Document created by Michael Campbell (mcampbell@ripkenbaseball.com)
2026-05-04 - 8:25:48 PM GMT
C'-. Document emailed to wmartin@unrivaledsports.com for signature
2026-05-04 - 8:27:34 PM GMT
Email viewed by wmartin@unrivaledsports.com
2026-05-04 - 10:57:11 PM GMT
&e Signer wmartin@unrivaledsports.com entered name at signing as Wade Martin
2026-05-04 - 10:58:52 PM GMT
&0 Document e -signed by Wade Martin (wmartin@unrivaledsports.com)
Signature Date: 2026-05-04 - 10:58:54 PM GMT - Time Source: server
Agreement completed.
2026-05-04 - 10:58:54 PM GMT
0 Adobe Acrobat Sign
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2026-05-04
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"Unrivaled_Baseball_Network_LICENSE_AGREEMENT_gv_042
82026" History
Document created by Michael Campbell (mcampbell@ripkenbaseball.com)
2026-05-04 - 8:25:48 PM GMT
C'-. Document emailed to wmartin@unrivaledsports.com for signature
2026-05-04 - 8:27:34 PM GMT
Email viewed by wmartin@unrivaledsports.com
2026-05-04 - 10:57:11 PM GMT
&e Signer wmartin@unrivaledsports.com entered name at signing as Wade Martin
2026-05-04 - 10:58:52 PM GMT
&0 Document e -signed by Wade Martin (wmartin@unrivaledsports.com)
Signature Date: 2026-05-04 - 10:58:54 PM GMT - Time Source: server
Agreement completed.
2026-05-04 - 10:58:54 PM GMT
0 Adobe Acrobat Sign
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�V `RCD Indian River County
Administration Complex
Z Indian River _ 180127th Street
Vero Beach, Florida 32960
County, Florida Indian River County Website
....... Q' Memorandum
File ID: Type: Meeting Date:
2026-660 Consent Agenda May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Michael Zito, Deputy. County Administrator
Beth Powell, Parks, Recreation, and Conservation Director
From: Wendy Swindell, Assistant Director of Land & Special Projects
Date: 05/04/2026
Subject: Jones' Pier Interpretive Center Release of Retainage to Ritacco and Chan
C
Architecture LLG- Bid 2024014
Background:
Analysis:
On January 23, 2024 Bid Number 2024014 for the design and fabrication of interpretive center
exhibits for the Jones' Pier Conservation Area was awarded by tine :Board of County
Commissioners. The project was awarded to Ritacco and Chan Architecture LLC in the amount
of $228,800.00. The Contractor has completed the work and is requesting the release of the
retainage for the project (Attachment 1): The retainage for the project is $10,797.04: The
construction activities necessitated the issuance of a Work Change Directive for installation of
window treatments and minor cabinet and electrical work. The project was completed under
budget by $12,859.12, in the amount of $215,940.88.
Budgetary Impact:
Funding, in the amount of $9,201.04, will come from the Optional Sales :Tax/Retainage Payable
Rittaco and Chan Architecture LLC account, number 315-20600.1-18010. Funding, in the amount
of $1,596.00, will come from the Land Acquisition/Retainage-Rittaco and Chan Architecture
LLC account, number 145-20600148010. The total retainage released is $1x,797.04.
:Revenue Source Account Number Amount
Optional Sales Tax/Retainage Payable-Rittaco . 315-206001-18010 $9,201.04
and Chan Architecture LLC
Land Acquisition/Retainage Payable-Rittaco 10-206001-1801.0 $1,596.00
and Chan Architecture, LLC
Page 94 of 386
Total
Previous Board Actions:
$10,797.04
16-1064 11/22/2016 -Termination of the License Agreement for Jones Pier
17-0447 5/2/2017 - Notice of Application for Division of Historic Resources Grant for the
Jones' Pier Fruit Stand and Educational Kiosks at Significant Sites along Historic Jungle Trail
18-1400 1/23/2018 - Notice of Application for Indian River Lagoon National Estuary
Program Grants for Jones' Pier Conservation Area & Approval of MBV Work Order No. 10.
18-1616 3/20/2018 - Request for Board Approval of a Resolution for a Grant Application to
the Florida Inland Navigation District for Public Use Improvements at the Jones' Pier
Conservation Area
18-1801 5/8/2018 -Approval of Work Order No. 1- Carter Associates, Inc. -Jones' Pier
Conservation Area Final Wetland Restoration Design & Permitting
18-2276 9/18/2018 - Jones' Pier Conservation Area Public Use Improvements - Amendment
Number 1 to MBV Work Order #5 for Jones' Pier Conservation Area (FTC No. 05 -039 -FF) -New
Pavilion & Restroom Building Architectural Services
18-2446 11/6/2018 - Notice of Grant Award from the Florida Inland Navigation District for the
Jones' Pier and Oyster Bar Marsh Conservation Areas - Waterways Assistance Program #IR -18
67 and #IR -18-68
19-0234 3/26/2019 - Award of Bid 2019042 - Jones' Pier Fruit. Stand Replica
19-0496 6/11/2019 - Application to the Florida Department of State, Division of Historical
Resources for the Archie Smith Fish House (Special Category) and Jones' Pier Conservation
Area (Small Matching)
19-0569 7/2/2019 - Award of Bid No: 2019058 Jones Pier Residences Repair
19-0713 8/13/2019 - Jones' Pier Conservation Area Public Use Improvements - Hazard
Mitigation Assistance - Donadio & Associates, Architects, P.A. - Work Order No. 1
19-0870 9/17/2019 - Notice of Grant Award from the Florida Department of Environmental
Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh
Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ210
19-1029 11/12/2019 - Waiver of Requirement for Bids to Procure Jones' Pier Conservation
Area Saltmarsh Open Screw Pump
19-1184 1/7/2020 -Award of Bid Number 20200171.- Jones Pier Wetland Restoration and
Conservation Improvements
20-1314 2/18/2020 - Jones' Pier Conservation Area Public Use Improvements - Work Order
Number 3 Jones' Pier Conservation Area Construction Administration Services
20-1363 3/10/2020 - Jones' Pier Conservation Area Public Use Improvements - Amendment
Number 2 to MBV Work Order #5 for Jones' Pier Conservation Area (FTC No.: 05 -039 -FF) -
Construction Oversight Services
20-1447 4/7/2020 - Jones Pier Residence Repairs Final Payment and Release of Retainage
20-1475 4/14/2020 - 2020 Florida Inland Navigation District Resolution for Assistance -
Historic Jones Pier Museum & Education Exhibits
20-1673 7/14/2020 Jones' Pier Conservation Area Public Use Improvements - Easements
20-1712 7/7/2020 - Notice of Amendment No. 1 - Florida Department of Environmental
Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh
Page 95 of 386
Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ219
20-1838 8/18/2020 - Notice of Grant Award from the Division of Historical Resources for
the Jones' Pier Residence Stabilization and Museum Planning - 2l.h.sm.100.092 and
Authorization for Work Order No. 3 Donadio & Associates Architects, P.A.
20-2051 10/20/2020 - Notice of Grant Award from the Florida Inland Navigation District
Jones' Pier Museum and Education Exhibits - IR -20-69
20-2062 10/20/2020 - Jones' Pier Conservation Area Public Use Improvements - Amendment
Number 1 to Work Order Number 3 Continued Construction Administration Services
21-0408 4/13/2021 - Naming of Pavilion at Jones Pier Conservation Area to Ruth Stanbridge
Educational Pavilion
21-0475 5/4/2021 - Jones' Pier Conservation Area Public Use Improvements - Hazard
Mitigation Assistance - Revised Award and Grant Agreement
21-0655 7/13/2021 -Jones' Pier Conservation Area Public Use Improvements -Amendment
Number 2 to Work Order Number 3 Continued Construction Administration Services
22-0625 8/16/2022 - Amendment No. 1 to Work Order No. 3 (Jones' Pier Bungalow
Stabilization & Museum Planning) - Donadio & Associates, P.A.
22-0650 8/16/2022 - Approval of Final Ranking of Firms and Award of RFP 2022069 for
Jones' Pier Conservation Area Entry Fencing
23-0111 2/7/2023 - Jones Pier Conservation Area Use Agreement Between the Town of Indian
River Shores and Indian River County
23-0200 3/7/2023 -Jones' Pier Conservation Area -Modification of Existing Purchase Order to
Accommodate Unforeseen Work Associated with the Elevation of the Historic Bungalow
23-0983 11/7/2023 -Award of Bid 2024009 for Jones' Pier Conservation Area Bungalow
Renovation
24-0712 9/10/2024 - Change Order 1 to Close Construction for Jones Pier Conservation
Bungalow Renovation (Bid 2024009)
25-0801 05/19/2025 — Jones' Pier Conservation Area Bungalow Renovation Release of
Retainage to Close Construction Services, LLC — Bid 2024009
Potential Future Board Actions:
Strategic Plan Alignment:
Quality of Life
Other Plan Alignment:
Staff Recommendation:
Staff respectfully request the release of retainage in the amount of $10,797.04 to Rittaco and
Chan Architecture, LLC for Bid 2024014, which will release any further obligations of the
County from the Contractor.
Attachments:
Attachment 1 - Jones Pier Interpetive Center Retainage Invoice from Rittaco and Chan
Page 96 of 386
R + C
ARCHITECTURE
PLANNING
COMMUN I T Y
RFP No. 2024014 Jones' Pier Conservation Area Design & Fabrication of Interpretive Center
Exhibits
Request for Retainage:
Date: April 20, 2026
To: Indian River County (OWNER)
From: Ritacco and Chan Architecture LLC. (CONTRACTOR)
Project No.: RFP No. 2024014
Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits
Dear Wendy Swindell,
am writing to formally request the release of retainage.
Project Name: Jones Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits
Project Address: 7770 Jungle Trail, Vero Beach FI, 32963
Contract Amount: $228,800.00
Retainage Held: $10,797.04
As of March 21,2026, all work under my scope has been completed in accordance with the contract documents.
All punch list items have been addressed, and the project is eligible for final payment.
Please find attached the following closeout documents:
• Final invoice #11
Kindly process the release of retainage in the amount of $ 10,797.04 at your earliest convenience.
Please let me know if any additional documentation is required.
Dated 04/20/2026 By: 00,04
4�4'1
(CO R OR)
?G
File ID:
2026-662
Indian River
County, Florida
Memorandum
Type:
Consent Agenda
Indian River County
Administration Complex
180127th Street
Vero Beach, Florida 32960
Indian River County Website
Meeting Date:
May 19, 2026
To: Board of County: Commissioners
Through: Sean Lieske, Utilities Director
John Titkanich Jr., County Administrator
From: Michael Loveday
Date: 05/04/2026
Subject: Award of Bid 2025056 for Replacement of (4) Sodium Hypochlorite
Storage Tanks
Background:
Indian River County Department of Utility Services. (IRCDUS) owns and operates the Hobart
Water Production Facility (WPF) and Oslo WPF, located at 7751 58th Avenue, Vero:Beach and
1550 9th Street SW, Vero Beach, respectively. The water production facilities utilize bulk
chemical storage tanks to ensure adequate on-site chemical storage for all treatment needs.
IRCDUS utilizes sodium hypochlorite for disinfection in compliance with state and federal
drinking water regulations. Sodium hypochlorite must be stored in approved, properly rated
containment tanks that meet current safety and regulatory standards. The Department has
identified the need to replace three (3) existing 6,500 -gallon sodium hypochlorite bulk storage
tanks at the Hobart Water WPF due to structural failure, and to replace one (1) 5,500 -gallon
Sodium Hypochlorite. bulk storage tank at the Oslo Water_ Production Facility;: consistent with the
America's Water Infrastructure Act (AWIA) recommendation to enhance storage capacity
resilience.
Analysis:
Of the three (3) sodium hypochlorite bulk storage tanks at the Hobart Water WPF, two (2) have
failed and are no longer serviceable. With only,one (I) tank remaining in Ioperationthe facility's
disinfection chemical storage capacity is critically reduced, presenting a significant risk to
reliable drinking water production operations. Continued: reliance on a single remaining tank -is
not operationally sustainable, and replacement must.be completed without flay to maintain
regulatory compliance and uninterrupted service to the public
Page 99 of 386
On July 3, 2025, staff solicited sealed bids for the procurement and installation of four (4)
sodium hypochlorite storage tanks at the Hobart and Oslo WPFs. The scope includes the removal
and replacement of three (3) existing 6,500 -gallon sodium hypochlorite storage tanks at the
Hobart WPF, the removal and replacement of one (1) existing 5,500 -gallon sodium hypochlorite
storage tank at the Oslo WPF, and the removal and decommissioning of one (1) existing 5,500 -
gallon sodium hypochlorite storage tank at the Oslo WPF. Bids were opened on August 1, 2025.
The following two (2) responsive bids were received:
Vendor Name
Odyssey Manufacturing Co.
E&W Mechanical Contracting
Quoted Amount
$245,178
$300,231
The responsive bids were reviewed, and the Department has determined Odyssey Manufacturing
Co. to be the lowest, responsive, responsible bidder, and has recommended award to them.
As detailed above, bids were originally received in August 2025, but the Department
experienced a number of challenges with the approval of the project, causing significant delays
in moving forward with the purchase of the tanks. However, once the issues were resolved, we
reached back out to Odyssey to determine if they would honor their original bid from August
2025. They have agreed to honor their original bid so we are proceeding with a request to
purchase the tanks utilizing the bid from August 2025.
Budgetary Impact:
Expenses in the amount of $245,178 for this purchase will be recorded in the Utilities/Other
Equipment account, number 471-166002. Since this is an operating capital expense, the funds
will come from fund balance. Operating funds are derived from water and sewer sales.
Previous Board Actions:
None noted.
Potential Future Board Actions:
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.
Page 100 of 386
Embracing innovation, technology, and resiliency.
Other Plan Alignment:
Staff Recommendation:
Staff recommends that the Indian River County Board of County Commissioners award Bid No.
2025056 to Odyssey Manufacturing Co. in the amount of $245,178 for the procurement and
installation of four (4) sodium hypochlorite storage tanks at the Hobart and Oslo Water
Production Facilities.
Staff Further recommends that the Board approves the agreement and authorizes the Chairman to
execute the agreement following review and approval by the County Attorney as to form and
legal sufficiency, and upon receipt and approval of the required insurance by the Risk Manager.
Provided there are no changes to the contract amount, staff recommends that, upon satisfactory
completion of the work outlined in the agreement, final payment be made and any retainage
released to Odyssey Manufacturing Co., subject to review and approval by the Procurement
Manager and the County Attorney's Office.
Additionally, staff recommends that the Board declare the existing tanks as surplus and authorize
their disposal. The associated asset numbers are 33175, 3376, 33177, 27765, and 27766.
Attachments:
1. Agreement
Page 101 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
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 COUNTY) and
Odyssgy Manufacturing_ Company (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1— WORK AND PROJECT
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The removal and replacement of three (3) existing 6,5oo-gallon tanks at our Hobart Water Production
Facility and removal of (2) existing 5,500 -gallon tanks and replacement of one (1) at our Oslo Water
Production Facility. Contractor will remove the existing tanks, keeping the water plant in full operation.
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: Replacement of (4) Sodium Hypochlorite Storage Tanks
Bid Number: 2025056
Project Address: Hobart Water Production Facility — 7751 586 Avenue, Vero Beach, FL 32967
Oslo Water Production Facility —1550 96 Street SW, Vero Beach, FL 32962
ARTICLE 2 - CONTRACT TIMES
2.01 Time of the Essence
All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment
as stated in the specifications are of the essence of the Agreement. Receipt of a fully executed copy of this
agreement by electronic means shall serve as notice to proceed.
2.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
The Work will be completed and ready for final payment on or before the moth day after the date when the
Contract Times commence to run.
2.03 Liquidated Damages
CONTRACTOR and COUNTY 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 3.02 above, plus any
extensions thereof allowed in writing as a change order to this Agreement. 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, COUNTY and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty), CONTRACTOR shall pay COUNTY $9-Q4 for each calendar day that expires after the
time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed
and ready for final payment.
Page 102 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
ARTICLE a - CONTRACT PRICE
3.01 COUNTY shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.o1.A and summarized in paragraph 4.o1.B,
below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 245,178.00
Written Amount: Two hundred, forty-five thousand, one hundred, seven -eight dollars and
zero cents
ARTICLE 4 - PAYMENT PROCEDURES
4.01 Method of Payment
COUNTY shall make only one payment for the entire amount of the contract when the work has been
completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize
payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in
accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section
218.70, Florida Statutes, et seq.).
4.02 Acceptance of Final Payment as Release
The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the COUNTY
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
Agreement and for every act and neglect of the COUNTY 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 this Agreement, the Invitation to Bid or the Public Construction Bond.
ARTICLE.t; - INDEMNIFICATION
5.01 CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and
persons employed or utilized by the CONTRACTOR in the performance of the Work.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.o1 In order to induce COUNTY 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 Invitation to Bid 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.
2
Page 103 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
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 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.
E. 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.
F. CONTRACTOR is aware of the general nature of work to be performed by COUNTY and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. 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.
H. CONTRACTOR has given COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
COUNTY is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
J. Contractor 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. 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.
K. 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.
L. 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 7 - CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of the following:
3
Page 104 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
(1) This Agreement;
(2) Notice to Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bid 2025056;
(6) Addenda (numbers 1 to 1, inclusive);
(7) CONTRACTOR'S Bid Form;
(8) Bid Bond;
(9) Qualifications Questionnaire;
(1o) Drug Free Workplace Form;
(11) Sworn Statement Under Section 105.o8, Indian River County Code, on Disclosure of Relationships;
(12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(13) Certification Regarding Lobbying;
(14) Anti -Human Trafficking Affidavit;
(15) Warranty Information Form;
(16) 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) Change Order(s).
ARTICLE 8 - MISCELLANEOUS
8.o1 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
8.02 Assignment of Contract
A. No assignment by a parry hereto of any rights under or interests in the Agreement will be binding on
another party hereto without the written consent of the parry 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.
8.03 Successors andAssigns
A. COUNTY 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.
8.04 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
COUNTY 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.
8.05 Venue
M
Page 105 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either parry against the other parry or otherwise arising out of this Agreement 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.
8.o6 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 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
nublicrecords(&indianriver.gov
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 3296o
C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
8.07 Cooperative Purchasing
This agreement is available to eligible agencies for cooperative procurement purposes, however, COUNTY
is not a parry to any agreement or dispute between CONTRATOR and an agency utilizing this provision.
8.o8 Availability of Funds
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2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
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.
9.o9 Changes
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 Q: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing
any other remedies which the COUNTY may have under this Contract or under law:
(1) if in the COUNTY's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the COUNTY's opinion CONTRACTOR's work is being unnecessarily delayed and will
not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;
or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for
any of his property.
B. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR
in writing of the grounds for termination and provide CONTRACTOR with ten (1o) calendar days to cure
the default to the reasonable satisfaction of the COUNTY.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B,
COUNTY may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such
notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right
to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize
CONTRACTOR to restore any work sites.
D. A vendor or service provider that breaches this agreement during an emergency recovery period (1 -year
period that begins on the date that the governor initially declared a state of emergency for a natural
emergency) is to pay a $5,000 penalty and damages which may be either actual and consequential damages
or liquidated damages. Additionally, the CONTRACTOR shall be liable for:
(1) any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new contract;
and
(2) the difference between the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce
its rights herein.
E. TERMINATION FOR CONVENIENCE: COUNTY may at any time and for any reason terminate
CONTRACTOR's services and work for COUNTY's convenience. Upon receipt of notice of such termination
CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and
6
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2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the
performance of this Contract. Upon such termination Contractor shall be entitled to payment only as
follows:
(1) the actual cost of the work completed in conformity with this Contract and the specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the COUNTY.
Contractor shall not be entitled to any other claim for compensation or damages against the County in
the event of such termination.
F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related
entities of CONTRACTOR 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. In
addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies
that it and those related entities of CONTRACTOR 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 are not engaged in
business operations in Cuba or Syria. COUNTY may terminate this Contract if CONTRACTOR, 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. COUNTY may terminate this
Contract if CONTRACTOR 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.
7
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2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to COUNTY and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by COUNTY and CONTRACTOR or on their behalf.
This Agreement will be effective on , 20 (the date the Agreement is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
COUNTY:
11 AMMLA/_ I •AUS!
By:
By:
Joseph E. Flescher, Chairman
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:
Leon Liberus, Superintendent Water/WW
4350 41st Street, Vero Beach, FL 32968
772-226-3416
Iliberus@indianriver.gov
CONTRACTOR:
COMPANY NAME
By:
Name:
Title:
(Corporate Seal)
(If CONTRACTOR is a corporation or partnership,
attach evidence of authority to sign)
Attest:
Name:
Title:
Designated Representative:
Name:
Title:
Address:
Phone:
Page 109 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
PUBLIC CONSTRUCTION BOND
INSTRUCTION FOR PUBLIC CONSTRUCTION BOND
The front or cover page to the required public construction/payment and performance bond shall contain
the information required by Fla. Stat. 255.05(i)(a), and be substantially in the format shown on the first
page following this instruction.
The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second
page following this instruction.
A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of
the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond.
0
Page 110 of 386
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES,
AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR
SECTION713.23 FLORIDA STATUTES.
BOND NO:
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
CONTRACTOR PHONE NO:
SURETY COMPANY NAME:
SURETY PRINCIPAL:
BUSINESS ADDRESS:
SURETY PHONE NO:
OWNER NAME:
OWNER ADDRESS:
OWNER PHONE NO:
OBLIGEE NAME:
(If contracting entity is different from the owner, the contract public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO:
BOND AMOUNT:
CONTRACT NO:
(If applicable)
DESCRIPTION OF WORK:
PROJECT LOCATION:
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
10
Page 111 of 386
Bond N
(enter bond number)
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal and a corporation,
as Surety, are bound to , herein called Owner, in the sum of
$ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , between Principal and Owner for construction of
the contract being made a part of this bond by reference, at
the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 2S.S.o.(1), Florida Statutes, supplying
Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings,
that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time specified in
the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the notice and
time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any formalities
connected with the contract or the changes does not affect Surety's obligation under this bond.
DATED ON
[Insert Principal Name]
PRINCIPAL/DEVELOPER
By:
(Authorized signatory)
Printed name:
Title:
Address:
Phone:
[Insert Surety Name]
SURETY
By:
(As Attorney in Fact)
Printed name:
Title:
Address:
Phone:
Attach Power of Attorney
Page 112 of 386
DATE OF ISSUANCE:
OWNER: Indian River County
CONTRACTOR:
Project:
2025056 Replacement of (4) Sodium Hypochlorite Storage Tanks
Change Order Form
No.
EFFECTIVE DATE:
OWNER's Bid/RFP No.
You are directed to make the following changes in the Contract Documents:
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT
PRICE:
Time
Description
Amount
Original Contract Price
$
Net Increase (Decrease) from
$
previous Change Orders No.
to
(days)
Contract Price prior to this
$
Change Order:
Net increase (decrease) of
$
this Change Order:
(days or dates)
Contract Price with all
$
approved Change Orders:
ACCEPTED:
By:
CONTRACTOR (Signature)
Date:
RECOMMENDED:
CHANGE IN CONTRACT TIMES
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:
By:
ENGINEER (Signature)
Date:
APPROVED:
By:
OWNER (Signature)
Date:
Page 113 of 386
Indian River County
Administration Complex
Indian River 180127th Street
Vero Beach, Florida 32960
County, Florida Indian River CouMWebsite
Memorandum
File ED: Type: Meeting Date:
2026=664 Consent Agenda May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Michael Zito, Deputy County Administrator
Beth Powell, Parks; Recreation, and Conservation Director
From: Steven Barako, Superintendent
Date: 45/04/2026
Subject: License Agreement for Resident Deputy at Donald MacDonald
Campground
Background:
On March 5th, 2013, the County entered into an agreement with Indian River County Sheriff's
Deputy Bryan Klassen to provide a space for the deputy to place: his mobile home at the Donald
MacDonald Campground Park. The presence of a Deputy at. the campground was desirable to
promote the safety and orderly enjoyment of the campground facilities. When this agreement
expired, a new agreement was entered into with the Deputy Klassen on December. 4j. 2018;
In 2021, the agreement with Deputy Klassen was terminated due to his resignation from_tlie
Indian River County Sheriff s Office. The ownership of the mobile home belonging to Deputy
Klassen was transferred to Deputy Ernesto Macias and the County entered intoo-a two-year
license agreement with Deputy Macias on June 8; 2021. The two-year, agreement had options for
renewals as needed (Attachment 1).
Analysis:
The agreement with Deputy Macias has expired, and the County has worked with Deputy: Macias
on an updated agreement (Attachment 2). This agreement provides a Deputy presence at Donald
MacDonald Campground, and has been modified to better reflect current operational needs at the
campground. As outlined in Attachment 2, the terms for this agreement include a two-year term
with the option for two-year renewals.
Budgetary Impact:
There is no budgetary impact from this license agreement.
Previous Board Actions:
There have been previous deputy agreements for the Donald MacDonald Campground.
Page 114 of 336
Potential Future Board Actions:
Future board actions may include revised agreements based on anticipated Deputy use and/or
modifications to campground operations.
Strategic Plan Alignment:
Public Safety
Other Plan Alignment:
Quality of Life
Staff Recommendation:
Staff respectfully requests that the Board of County Commissioners approve the license
agreement and authorize the Chairman to execute the_ agreement after review and approval by the
County Attorney for legal sufficiency.
Attachments:
1. Attachment 1 - Macias - 2021 DMD Deputy Agreement
2. 2026 Donald MacDonald Deputy License Agreement.
Page 115 of 386
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License Agreement") is entered into as of this
8 th day of June 2021, by and between Indian River County, a political subdivision of the
State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and Deputy Ernesto
Macias, a resident of Indian River County, Florida, 12315 Roseland Road, Roseland, FL
32957, ("Tenant"), as follows:
WHEREAS, the County owns and operates the Indian River County Donald
MacDonald Campground ("Campground"), and
WHEREAS, Tenant is a Deputy Sheriff with the Indian River County Sheriff s Office
("IRCSO"); and
WHEREAS, the County seeks to have the presence of a law enforcement officer to
provide security for the Campground when closed and during non -work hours of the
County's Parks and Recreation employees, to promote the safe and orderly enjoyment of the
Campground. Tenant seeks to have a location for his mobile home residence, and
WHEREAS, the prior license was terminated due to the occupant Deputy resigning and
selling the personal property (mobile home and garage) to Deputy Ernesto Macias. With this
sale the County desires to enter into this new License Agreement.
NOW, THEREFORE, for the mutual promises contained herein and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the County and
Tenant ("the Parties") agree to the terms and conditions set forth in this License Agreement.
1) License. County grants to Tenant a revocable license to use and occupy the real property
which property includes a lot with utility connections for a mobile home ("Licensed
Property"). Specifically, Tenant is authorized to use and occupy the Licensed Property
solely as a single-family residence for Tenant and his family, and for no other purpose.
The Tenant must provide the County with proof of ownership of the mobile home prior to
the execution of this License Agreement.
2) Term. The term of this License Agreement shall be two (2) years from the date of
approval of this License Agreement by the Indian River County Board of County
Commissioners. The term shall be subject to renewal for two (2) additional two (2) year
terms, upon the mutual agreement of both Parties. The two renewals may be authorized by
the County Administrator or his designee if it is in the best interest of the County. Upon
termination of this License Agreement, if Tenant shall fail to remove the mobile home and
all of Tenant's personal property, including without limitation the unit, deck, porch, shed,
gazebo, etc., within 30 days the County shall have the right to remove the mobile home and
other personal property from the Licensed Property. Tenant grants the County a lien upon
said personal property for the actual and reasonable costs of removal, storage and disposal.
3) License Fee. Provided Tenant performs all terms and conditions of this License
Agreement, Tenant shall not be required to pay a license fee.
1
Page 116 of 386
4) Tenant's Duties.
Tenant shall:
a. Park his marked IRCSO assigned vehicle at the Licensed Property when not on duty.
b. Respond and report incidents at the Campground and Dale Wimbrow Park (collectively
referred to as the "Parks") while at home at the Licensed Property.
c. Daily patrol through the Campground in the assigned marked IRCSO unit once in the
daylight hours and once between the hours of 7pm to l Opm.
d. Report to the Parks and Recreation Director or his designee any incidents and unsafe
conditions observed at the Parks.
e. Use the Licensed Property as his primary single-family residence and reside in no other
place.
f. Maintain the single-family residence in a safe and attractive condition.
g. Arrange and pay for (including deposits, if any) electricity, telephone, cable television, etc.
h. Commit no act or omission that would result in waste, damage or destruction to any
portion ofthe Licensed Property or the Campground.
i. Commit no act or omission that would result in a mortgage, encumbrance, lien or other
right, title or interest in the Licensed Property being acquired by any third party.
j. Commit no act or omission that would constitute a violation of any applicable local, state or
federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of
surrounding properties.
k. Advise the County immediately of any security issues, damage to the Licensed Property, or
any other events or conditions which could result in damage to the Licensed Property,
liability to County, or any other such adverse impact to the Licensed Property or to County.
1. If Tenant elects to sell on-site mobile home unit and associated personal property, notify
County prior to commencing any sale activities and prior to such sale, obtain County's
approval of a license with the purchasing party.
5) County's Duties.
County shall:
a. Commit no act or omission, which would constitute a violation of any applicable local,
state or federal law.
2
Page 117 of 386
b. Provide and pay the costs of the water and sewer services supplied to the Licensed
Premises.
6) Improvements. Tenant shall make no alterations or improvements to the Licensed Property
without the express written approval of County, which may be withheld in the sole and absolute
discretion of County. This paragraph does not include improvement to his mobile home
residence.
7) Condition of the Licensed Premises. The Licensed Property is in "as is" condition
without warranty or representation as to its condition. Tenant has examined the Licensed
Property and agrees that the Licensed Property is acceptable and suitable for Tenant use.
8) Insurance.
a. Tenant shall have a comprehensive general liability insurance policy with respect
to the Licensed Property, in the minimum amounts of $100,000 per person and
$200,000 per incident, which policy shall name County as an additional insured.
Prior to occupancy, Tenant shall provide County a certificate of insurance
confirming that such policy has been obtained and is in full force and effect, and
confirming that such policy will not be cancelled without thirty (30) days prior
written notice to County. Such policy shall be primary to any liability insurance
obtained by County with respect to the License Property.
b. Tenant shall maintain property insurance for mobile home and personal property
situated upon said County property to include all perils coverage such as, but not
limited to fire, wind, named storms and other hazards.
9) Indemnification. Tenant shall defend, hold harmless and indemnify County, including its
commissioners, officers, employees and agents, from and against any and all claims,
causes of action, losses, damages, expenses (including reasonable attorney's fees), and
other liabilities of any type whatsoever, arising out of or relating to Tenant negligence,
intentional misconduct, or violation of this License Agreement or applicable law.
10)Termination. Notwithstanding any other provision herein, either party may terminate this
License Agreement upon sixty (60) days written notice to the other; provided, however,
that in the event that County determines in its sole and absolute discretion that Tenant's
continued occupation of the Licensed Property could present a risk of damage or harm
to the License Property or persons on the License Property (including, without limitation,
Tenant), a risk of liability to County, or otherwise would not be in the best interests of the
County, County shall have the right to terminate this License Agreement immediately upon
such shorter written notice as County determines in its sole and absolute discretion is
appropriate under the circumstances. Tenant is responsible to remove all personal property
(mobile home and garage) within sixty (60) days of the termination of this License
Agreement.
11)Default. In the event of default, the non -defaulting party shall be entitled to all remedies
at law or in equity.
3
Page 118 of 386
11) Assignment of License. Tenant may not assign this License Agreement without the
written permission of the County. Any request to assign this License Agreement must
be made in writing to:
Director
Indian River County Parks
and Recreation
1590 91" Street SW
Vero Beach, FL 32962
TENANT:
By:
�ryrei�► �/ �u c; o.f
Printed N
Witness:
INDIAN RIVER COUNTY .• ��Ut7TY��7.
:. ..
BOARD OF COUNTY CONWISSro S r..% y' -
vt;`
By: r.
i
J e h E. Flescher, Chairman
CA.
0"Iki�.•`�
[Or.'N�.Y ...
Date approved: June 8,
2021
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:OIL_ .
Deputy Clerk
Approved as to form and legal
sufficiency: ...
Dylan Reingold
County Attorney
4
Page 119 of 386
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License Agreement") is entered into as of this day of
2026, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero
Beach, FL 32960 ("County"), and Ernesto Macias, a resident of Indian River County, Florida, Vero Beach, FL,
32960, ("Licensee"), as follows:
WHEREAS, the County owns and operates the Donald MacDonald Campground ("Campground"), and
WHEREAS, Licensee is a Deputy Sheriff with the Indian River County Sheriff s Office ("IRCSO"); and
WHEREAS, the County seeks to have the presence of a law enforcement officer to provide security for
the Donald MacDonald Campground during non -work hours of the County's Parks and Recreation employees, to
promote the safe and orderly enjoyment of Donald MacDonald Campground.
WHEREAS, the prior license for the agreement has expired. The Parties desire to enter into this new
License Agreement.
NOW, THEREFORE, for the mutual promises contained herein and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the County and Licensee ("the Parties") agree to the
terms and conditions set forth in this License Agreement.
1) License. County grants to Licensee a license to use and occupy the real property which property
includes land that is approximately 11,892 ft2 in size (Exhibit A) with utility connections ("Licensed Property").
The legal description of the Licensed property is as follows:
BEING A PARCEL OF LAND SITUATED AND LYING IN A PORTION OF SECTION 22 OF THE
FLEMING GRANT, SAID PARCEL ALSO BEING A PORTION OF LOT'S 77 AND 82 OF THE
PLAT SHOWING THE SUBDIVISION OF THE FLEMING GRANT, AS RECORDED IN BREVARD PLAT
BOOK 1, PAGE 175. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHEAST CORNER OF LOT 82 (SAID POINT ALSO BEING
THE SOUTHEASTERLY CORNER OF LOT 77) OF SAID FLEMING GRANT, AS
RECORDED IN BREVARD PLAT BOOK 1, PAGE 175; THENCE SOUTH 45°17'17" WEST, ALONG THE
NORTHERLY LINE OF SAID LOT 82 (SAID LINE ALSO BEING THE SOUTHERLY LINE
OF SAID LOT 77) A DISTANCE OF 170.25 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED PARCEL:
THENCE DEPARTING SAID NORTHERLY LINE (AND SAID SOUTHERLY LINE) NORTH 87°57'51"
EAST, A DISTANCE OF 92.71 FEET; THENCE SOUTH 02°01'04" EAST, A DISTANCE OF
108.08 FEET; THENCE SOUTH 875751" WEST, A DISTANCE OF 101.79 FEET; THENCE NORTH
08°41'31" WEST, A DISTANCE OF 90.60 FEET TO A POINT ON THE NORTHERLY LINE
OF SAID LOT 82 (SOUTHERLY LINE OF SAID LOT 77): THENCE CONTINUE NORTH 08°41'31" WEST,
A DISTANCE OF 18.21 FEET; THENCE NORTH 87°57'51" EAST, A DISTANCE OF
21.73 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 82 (SOUTHERLY LINE OF SAID
LOT 77) AND THE POINT OF BEGINNING.
Page 120 of 386
Specifically, Licensee is authorized to install and occupy a modular home on the Licensed Property and use the
Licensed Property solely as a single-family residence for Licensee and his family, and for no other purpose.
2) Term. The term of this License Agreement shall be two (2) years from the date of approval of this
License Agreement by the Indian River County Board of County Commissioners. The term shall be subject to
renewal for two (2) additional two (2) year terms, upon the mutual agreement of both Parties. The two renewals
may be authorized by the County Administrator or his designee if it is in the best interest of the County.
3) License Fee. Provided Licensee performs all terms and conditions of this License Agreement,
Licensee shall not be required to pay a license fee.
4) Licensee's Duties.
Licensee shall:
a. Park a marked IRCSO assigned vehicle in a visible location at the Licensed Property or campground when
not on duty.
b. Have no more than two personal vehicles residing on Licensed Property. Licensee must request and obtain
written permission from the Parks Superintendent if additional personal vehicles are desired.
c. Perform routine patrols and security functions within Donald MacDonald Campground to deter
unauthorized activities such as trespassing, vandalism, etc. for a minimum of 10 hours per week.
d. Drive through campground at least one time daily in marked IRCSO vehicle.
e. Respond to and report incidents at the Donald MacDonald Campground while at home at the Licensed
Property and coordinate with the Indian River County Sheriff's Office as needed.
f. Report any incidents and unsafe conditions observed at the Campground to the Parks and Recreation
Director or designee including any security issues, damage to the Licensed Property, or any other events
or conditions which could result in damage to the Licensed Property. Licensee shall also complete and
file an incident report.
g. Use the Licensed Property as his primary single-family residence and reside in no other place and maintain
the single-family residence in a safe and attractive condition.
h. Pets must be approved by County, in writing, prior to being allowed on the Licensed Property.
i. Arrange and pay for (including deposits, if any) electricity, telephone, cable television, etc.
j. Maintain accurate records of hours worked and tasks completed and provide log to the County at the
conclusion of each month via email or hand -delivery.
k. Comply with all County policies and procedures and commit no act or omission that would result in waste,
damage or destruction to any portion of the Licensed Property.
1. Commit no act or omission that would result in a mortgage, encumbrance, lien or other right, title or
interest in the Licensed Property being acquired by any third party.
m. Commit no act or omission that would constitute a violation of any applicable local, state or federal law,
or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties.
Page 121 of 386
n. Be present for a scheduled annual inspection of the property and any scheduled maintenance. Make repairs
at the Licensee's own expense and to the County's satisfaction for any damages detected during an annual
inspection.
o. Notify the County prior to any extended absences (in excess of three days) from the residence.
p. Remain the primary Licensee of the property. No sublease of the property is permitted without prior
written consent from the County.
q. Be responsible for all regular lawn maintenance and keep the grounds well maintained and free of debris.
r. Keep the exterior home in a clean and welcoming manner, free of clutter and debris.
s. Bring property back into compliance with this agreement within seven days of being notified by the
County.
t. There shall be no storage of any commercial, recreational vehicles, or trailers on the premises.
u. There shall be no installation or construction of any structures without prior written approval by the
County. This includes pools, spas, trampolines, etc.
v. There shall be no storage of materials within the grounds without written approval from the County.
5) County's Duties.
County shall:
a. Commit no act or omission, which would constitute a violation of any applicable local, state or
federal law.
b. Provide and pay the costs of the water and sewer services supplied to Licensed Premises.
6) Condition of the Licensed Premises. The Licensed Property is in "as is" condition without warranty or
representation as to its condition. Licensee has examined the Licensed Property and agrees that the Licensed
Property is acceptable and suitable for Licensee use.
7) Insurance.
a. Licensee shall hold a comprehensive general liability insurance policy with respect to the Licensed
Property, in the minimum amounts of $100,00 per incident, which policy shall name County as an
additional insured. Prior to occupancy, Licensee shall provide County a certificate of insurance
confirming that such policy has been obtained and is in full force and effect, and confirming that
such policy will not be cancelled without thirty (30) days prior written notice to County. Such
policy shall be primary to any liability insurance obtained by County with respect to the License
Property.
b. Licensee shall maintain property insurance for mobile home and personal property situated upon said County
property to include all perils coverage such as, but not limited to fire, wind, named storms and other hazards.
c. Licensee shall obtain and keep in force Auto Liability Insurance for all personal vehicles parked at the
Licensed Property.
8) Indemnification. Licensee shall defend, hold harmless and indemnify County, including its
commissioners, officers, employees and agents, from and against any and all claims, causes of action, losses,
Page 122 of 386
damages, expenses (including reasonable attorney's fees), and other liabilities of any type whatsoever, arising
out of or relating to Licensee negligence, intentional misconduct, or violation of this License Agreement or
applicable law.
9) Termination. Notwithstanding any other provision herein, either party may terminate this License
Agreement upon sixty (60) days written notice to the other; provided, however, that in the event that County
determines in its sole and absolute discretion that Licensee's continued occupation of the Licensed Property could
present a risk of damage or harm to the License Property or persons on the License Property (including, without
limitation, Licensee), a risk of liability to County, or otherwise would not be in the best interests of the County,
County shall have the right to terminate this License Agreement immediately upon such shorter written notice
as County determines in its sole and absolute discretion is appropriate under the circumstances. Licensee is
responsible to remove all personal property within sixty (60) days of the termination of this License Agreement.
10) Default. In the event of default, the non -defaulting party shall be entitled to all remedies at law or in
equity.
11) Assignment of License. Licensee may not assign this License Agreement without the written
permission of the County. Any request to assign this License Agreement must be made in writing to:
Parks Superintendent
Indian River County Parks, Recreation and Conservation
5500 77`' Street
Vero Beach, FL 32967
Sbarako(&indianrivcr.gov
772-226-1883
IN WITNESS WHEREOF, this License Agreement is executed by the authorized representatives of the parties,
as of the day and year first above written.
LICENSEE: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By: d� By:
Deputy Ernesto Macias
ATTEST:
IM
Deryl Loar, Chairman
Approved by BCC: , 2026.
Approved as to form and legal sufficiency:
Ryan L. Butler, Clerk of Court and Comptroller Christopher A. Hicks, Asst. County Attorney
L-13
John A. Titkanich, Jr., County Administrator
Page 123 of 386
Exhibit A
32-39-23-0001h0000-00002.0
ALAN AND PERRY BODS /
1271 LDONGTGN LAE SR
f O.R.B. 3100. PG 2036 _ .�•
FLEMINGGRANT � ��0r FLEMING GRANT
LOTOT 77 'e LOT 76
30-38-22-00001-0010-00000.0
°0'0
IpANRM%U QTY �012315 OSELAND ROAD •Ff
N
Not to Scale
2 a
Point of Commencment / FLEMING GRANT
NORTHEASTERLY CORNER OF LOT B2. C LOT 63 I a
SOUTHEASTERLY CORNER LOT 77 \\ 30-36-22-00001-0010-00000.0
OF TIE PUT SHOUNO TIRE SUMMSION
OF THE FLEMING GRANT
INDIAN RIVER O"TY
12315 ROSELAND ROAD
PLAT BOCK NREVARD 1. PALE 175 /
�OryVI
Donald MacDonald
�"�`'t��
PARK AND CAMPGROUND
�yoi4e
/ Point of Beginning,,
C
4
NBT57'51'E NTERSOIIDII of Ntlt71ERLT LOT LOT R2 e1\
21.73'
AND
NORTETCr LRE OF ucENSE AGREEMENT71'
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N ^ENGINEERING DiVIS10N �$—bGNRYVER I.— WA QOZ6-ODS � Fleming Grant z
Page 124 of 386
1 r57 51 E-92.
NOV41'31'WFLEMING
GRANT
18.21'
C
4
LOT 82
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35-36-22-00501-05,0-00005.0
INDIAN RKR COUNTY\�Lr
12315 ROSELAD ROAD
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(PLAT BOOK BREVARD 1. PAGE 175)
DEPA `;MiNTOFPUBUCWORK' x.,..o-- R.MGLETT AWA ��� License Agreement
N ^ENGINEERING DiVIS10N �$—bGNRYVER I.— WA QOZ6-ODS � Fleming Grant z
Page 124 of 386
SEA
EAM
�vER CO Indian Rivet County
4 _
Administration Complex
Ga Indian River : 1801 27th Street
Vero Beach, Florida 32960
County, Florida
Indian River County Website .
41
OR�t` Memorandum
File ID: Type: Meeting Date:
2026-675 Consent Agenda May 19, 2026
To: Board of County. Commissioners
Through: John Titkanich Jr., County Administrator
From: Jennifer Shuler, County Attorney
Date: 05/06/2026
Subject: General Obligation Bonds Series 2026 Supplemental Resolution
Background:
On November 8, 2022, voters approved a referendum allowing for the issuance of up to
$50,000,000 of general obligation bonds by the County; payable from ad valorem taxes, to
acquire and permanently preserve environmentally significant lands to restore :the Indian River
Lagoon, protect water resources, natural areas, wildlife habitat, and construct public access
improvements.
On January 31, 2023, the Board of County Commissioners (`Board") approved Resolution 2023-
004 which authorized the issuance of general obligation bonds in, an aggregate amount not to
exceed $50,000,000 to finance the.cost of acquisition and construction of public:access
improvements. The full faith, credit and taxing power of the County is pledged for payment of
principal and interest. Resolution 2023-004 provided for the issuance.of the bonds in.oneor more
series with further details of the bonds to be approved b
PPS Y supplemental. resolutions.
On June 4, 2024, the Board adopted Resolution No.:2024-023 supplementing Resolution No.
2023=004 and authorizing the issuance of General :Obligation Bonds, Series 2024 inthe exact par
amount of $22,795,000. The Series 2024 Bonds were: sold at public sale by competitive bid.
With the monies issued, the County has begun to acquire environmentally sensitive land and
continues to negotiate for the purchase of Tier 1 properties.
To have sufficient funds to continue acquisition efforts, County staff recommends the Board now
adopt the attached 2026 Supplemental Resolution to authorize the issuance of General Obligation
Bonds, Series 2026 in aggregate principal amount not to exceed $27,205,000. This -would be
the second and final issue. The Series 2026 Bonds will be sold at public.sale by competitive bid.
A summary Notice of Sale will be published at least ten (1:0) days prior to the date of sale. An
Official Notice of Sale, Preliminary Official Statement, and A Continuing Disclosure. Certificate
will be issued in connection with the sale of the Series 2026 Bonds.
Page 126 of 386
Upon approval of the 2026 Supplemental Resolution, the County Administrator and/or the Clerk,
or his designee will be authorized and directed to sell the bonds at public sale and award the
bonds to the responsive bidder offering to purchase the bonds at the lowest true interest cost to
the County, which in no event shall exceed -five percent (5.000/o), and with a final maturity date
no later than twenty (20) years following the date of issuance of the bonds.
Analysis:
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Quality of Life.
Other Plan Alignment:
Staff Recommendation:
The County Attorney's Office recommends that the Board approve the attached General
Obligation Bonds, Series 2026 Supplemental Resolution.
Attachments:
1. Supplemental Resolution with Exhibits
Page 127 of 386
RESOLUTION NO. 2026 -
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, SUPPLEMENTING RESOLUTION NO.
2023-004 OF THE COUNTY; AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING $27,2059000 IN
AGGREGATE PRINCIPAL AMOUNT OF INDIAN
RIVER COUNTY, FLORIDA GENERAL OBLIGATION
BONDS, SERIES 2026, IN ORDER TO FINANCE THE
COST OF ACQUIRING AND PRESERVING
ENVIRONMENTALLY SENSITIVE LANDS AND
CONSTRUCTING PUBLIC ACCESS IMPROVEMENTS
RELATED THERETO WITHIN THE COUNTY;
MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION WITH THE
ISSUANCE OF SUCH BONDS; PROVIDING CERTAIN
TERMS AND DETAILS OF SUCH BONDS;
AUTHORIZING THE COUNTY ADMINISTRATOR OR
THE CLERK OF THE COUNTY TO PUBLISH A
SUMMARY NOTICE OF SALE AND TO RECEIVE
BIDS PURSUANT TO A COMPETITIVE SALE OF SAID
BONDS AND AWARD THE SALE OF SAID BONDS TO
THE RESPONSIVE BIDDER OR BIDDERS OFFERING
THE LOWEST TRUE INTEREST COST TO THE,
COUNTY, WHICH SHALL NOT EXCEED 5.00
PERCENT (5.00%); AUTHORIZING THE EXECUTION
AND DELIVERY OF SAID BONDS; APPOINTING THE
PAYING AGENT AND REGISTRAR WITH RESPECT
TO SAID BONDS; APPROVING THE PREPARATION
AND USE OF A SUMMARY NOTICE OF SALE, AN
OFFICIAL NOTICE OF SALE, A PRELIMINARY
OFFICIAL STATEMENT AND FINAL OFFICIAL
STATEMENT; AUTHORIZING THE ELECTRONIC
DISSEMINATION OF THE PRELIMINARY OFFICIAL
STATEMENT AND OFFICIAL STATEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY
OF A CONTINUING DISCLOSURE CERTIFICATE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, as follows:
Page 128 of 386
SECTION 1. FINDINGS. It is hereby found and determined that:
1. On January 31, 2023, the Board of County Commissioners of Indian River
County, Florida (the "County" or "Issuer") duly adopted Resolution No. 2023-004 (the
"Original Resolution"). All capitalized terms not otherwise defined herein shall have the
meanings set forth in the Original Resolution.
2. The Original Resolution, as previously supplemented by Resolution No.
2024-023 adopted by the Board on June 4, 2024, is referred to herein as the 'Bond
Resolution."
3. The Original Resolution provides for the issuance of bonds thereunder, upon
meeting the requirements set forth in the Original Resolution.
4. The County deems it to be in the best interests of its citizens and taxpayers
to issue its General Obligation Bonds, Series 2026 (the "Bonds") for the purpose of
financing the acquisition and preservation of environmentally sensitive lands and the
construction of public access improvements with respect thereto within the County, as
identified by resolution of the County (the "Project," as described in the Original
Resolution).
5. The principal of and interest on the Bonds and all required sinking fund,
reserve and other payments shall be general obligations of the County, secured by the full
faith and credit of the County and the Ad Valorem Taxes, as provided in the Bond
Resolution.
6. The County deems it necessary: (i) to fix the date, denominations, amount
and maturities of the Bonds, (ii) to authorize the publication of a Summary Notice of Sale
in The Bond Buyer or such other publication as directed by the County Administrator, (iii)
to approve the form and authorize the use of an Official Notice of Sale, Preliminary Official
Statement and a final Official Statement, (iv) to authorize the County Administrator or the
Clerk of the County to award the Bonds to the best bidder or bidders upon the terms and
conditions and subject to the limitations set forth herein and in the Official Notice of Bond
Sale, (v) to appoint a Bond Registrar and Paying Agent, and (vi) to approve the form of a
continuing disclosure undertaking.
7. The Original Resolution provides that the Bonds shall mature on such dates
and in such amounts, shall bear such rates of interest, shall be payable in such places and
shall be subject to such redemption provisions as shall be determined by Supplemental
Resolution adopted by the County; and it is now appropriate that the County determine
parameters for such terms and details.
SECTION 2. AUTHORITY FOR THIS SUPPLEMENTAL
RESOLUTION. This Supplemental Resolution is adopted pursuant to Articles II and VII
2
Page 129 of 386
of the Original Resolution, the provisions of the Act (as defined in the Original Resolution)
and other applicable provisions of law.
SECTION 3. AUTHORIZATION AND DESCRIPTION OF THE
BONDS. The County hereby determines to issue a series of Bonds in an aggregate
principal amount not exceeding $27,205,000, the exact principal amount to be as
authorized by the Official Notice of Sale, to be known as its "General Obligation Bonds,
Series 2026," for the principal purpose of financing the Cost of the Project.
The Bonds shall be dated as of their date of delivery, shall be issued as fully
registered Bonds, numbered consecutively from one upward in order of maturity with the
prefix "R"; shall bear interest from their date of delivery, payable semi-annually, on (except
as otherwise established by the County Administrator based on advice of the County's
Financial Advisor) January 1 and July 1 of each year, commencing on January 1, 2027, at
such rates and maturing in such amounts on July 1 of such years (except as otherwise
established by the County Administrator based on advice of the County's Financial
Advisor) as to be set forth in the Official Notice of Sale. The Bonds shall be issued in
denominations of $5,000 and any integral multiple thereof. Each Bond shall bear interest
from the Interest Date next preceding the date on which it is authenticated, unless
authenticated on an Interest Date, in which case it shall bear interest from such Interest
Date, or, unless authenticated prior to the first interest payment date, in which case it shall
bear interest from its date; provided, however, that if at the time of authentication interest
is in default, such Bond shall bear interest from the date to which interest shall have last
been paid. Interest on the Bonds shall be calculated on the basis of a 360 -day year
comprised of twelve 30 -day months.
The principal of and the interest on the Bonds shall be payable in any coin or
currency of the United States of America which on the respective dates of payment thereof
is legal tender for the payment of public and private debts. The principal of the Bonds shall
be payable only to the registered Holder or his legal representative at the principal corporate
trust office of the Paying Agent, and payment of interest on the Bonds shall be made by
the Paying Agent on each interest payment date to the person appearing on the registration
books of the Issuer hereinafter provided for as the registered Holder thereof, by electronic
means, draft or check mailed to such registered Holder at his address as it appears on such
registration books. Payment of the principal on all Bonds shall be made upon the
presentation and surrender of such Bonds as the same shall become due and payable.
The Bonds shall be subject to redemption prior to maturity as set forth below:
The Bonds maturing on or before July 1, 2036 shall not be subject to optional
redemption prior to maturity. The Bonds maturing on July 1, 2037 and thereafter are
redeemable at the option of the County from any legally available source, in whole or in
part and if in part, in any order of maturity selected by the County, at its discretion, and by
lot within a maturity if less than an entire maturity is to be redeemed, on July 1, 2036, or
Kl
Page 130 of 386
at any time thereafter, at a redemption price equal to the principal amount of the Bonds to
be redeemed, together with accrued interest to the date fixed for redemption.
Notwithstanding the foregoing, if the County's Financial Advisor, upon consultation
with the County, determines that market conditions require different or no optional
redemption provisions for the Bonds or for certain maturities of the Bonds, such different
optional redemption provisions or the exclusion of certain or all maturities of the Bonds
from such optional redemption provisions will be deemed approved by the County so long
as the maximum redemption premium does not exceed 1% and the first optional
redemption period, if any, is not more than eleven (11) years from the date of issuance of
the Bonds if the Bonds are to be subject to optional redemption.
Any bonds which are designated as Term Bonds in accordance with the Official
Notice of Sale shall also be subject to mandatory redemption prior to maturity by lot, in
such manner as the Registrar may deem appropriate, on July I (subject to adjustment as
described above), in such years, at a price of par plus accrued interest to the date of
redemption, in the annual amounts established by the winning bidder in consultation with
the County Administrator and/or the Clerk, or his or her designee, and the Financial
Advisor.
A book -entry -only system of registration is hereby authorized for the Bonds. So
long as the Issuer shall maintain a book -entry -only system with respect to the Bonds, the
following provisions shall apply:
A blanket issuer letter of representations (the "BLOR") was entered into by the
County with The Depository Trust Company ("DTC"). It is intended that the Bonds be
registered so as to participate in a global book -entry system with DTC as set forth herein
and in such BLOR. The terms and conditions of such BLOR shall govern the registration
of the Bonds. The Bonds shall be initially issued in the form of a single fully registered
Bond for each maturity of such Series. Upon initial issuance, the ownership of such Bonds
shall be registered by the Registrar in the name of Cede & Co. (DTC's partnership nominee)
or such other name as may be requested by an authorized representative of DTC. So long
as any Bond is registered in the name of DTC (or its nominee), the Issuer, the Registrar
and the Paying Agent may treat DTC (or its nominee) as the sole and exclusive holder of
such Bonds registered in its name, and all payments with respect to the principal or
redemption price of, if any, and interest on such Bond ("Payments") and all notices with
respect to such Bond ("Notices") shall be made or given, as the case may be, to DTC.
Transfers of Payments and delivery of Notices to DTC Participants shall be the
responsibility of DTC and not of the Issuer, subject to any statutory and regulatory
requirements as may be in effect from time to time. Transfers of Payments and delivery of
Notices to beneficial owners of the Bonds by DTC Participants shall be the responsibility
of such participants, indirect participants and other nominees of such beneficial owners and
not of the Issuer, subject to any statutory and regulatory requirements as may be in effect
from time to time.
n
Page 131 of 386
Upon (a) receipt by the Issuer of written notice from DTC (i) to the effect that a
continuation of the requirement that all of the Outstanding Bonds be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC,
is not in the best interest of the beneficial owners of the Bonds or (ii) to the effect that DTC
is unable or unwilling to discharge its responsibilities and no substitute depository willing
to undertake the functions of DTC hereunder can be found which is able to undertake such
functions upon reasonable and customary terms, (b) termination, for any reason, of the
agreement among the County, the Registrar and Paying Agent and DTC evidenced by the
BLOR, or (c) determination by the Issuer that such book -entry only system should be
discontinued by the County, and compliance with the requirements of any agreement
between the Issuer and DTC with respect thereto, the Bonds shall no longer be restricted
to being registered in the registration books kept by the Registrar in the name of Cede &
Co., as nominee of DTC, but may be registered in whatever name or names Holders shall
designate, in accordance with the provisions hereof. In such event, the County shall issue
and the Registrar shall authenticate, transfer and exchange Bonds consistent with the terms
hereof, in denominations of $5,000 or any integral multiple thereof to the Holders thereof.
The foregoing notwithstanding, until such time as participation in the book -entry only
system is discontinued, the provisions set forth in the BLOR shall apply to the registration
and transfer of the Bonds and to Payments and Notices with respect thereto.
SECTION 4. AUTHORIZATION OF THE PROJECT. The acquisition
and construction of the Project (including the reimbursement to the Issuer of certain costs
incurred with respect thereto), is hereby authorized by the Issuer.
SECTION 5. SALE OF THE BONDS. The County Administrator and/or
the Clerk, or his or her designee, is hereby authorized and directed to sell the Bonds at
public sale by competitive bid and to publish the Summary Notice of Sale in the form
attached hereto as Exhibit A in The Bond Buyer or such other publication as directed by
the County Administrator or his designee at least ten (10) days prior to the date of sale,
which date of sale shall be determined by the County Administrator or his designee, in
consultation with the County's Financial Advisor, in an effort to achieve the lowest true
interest cost for the County.
The Official Notice of Sale attached hereto as Exhibit B and the Preliminary Official
Statement attached hereto as Exhibit C are each hereby approved and authorized to be used
in connection with the sale of the Bonds. The Preliminary Official Statement, upon advice
of the County Administrator, is hereby deemed final for purposes of Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule"). The Preliminary Official Statement
and Official Statement (as defined below) are authorized to be made available by electronic
means. The Preliminary Official Statement, as amended on the date of sale of the Bonds
to delete the preliminary language and as further amended to reflect the actual interest rates
and reoffering terms and any changes of maturities or amounts and with such additional
correcting and conforming changes as shall be approved by the County Administrator, is
5
Page 132 of 386
hereinafter referred to as the "Official Statement," and as promptly as possible following
the sale and within seven (7) business days of the date of sale of the Bonds, the County
agrees to make available to the Underwriters of the Bonds a sufficient number of copies of
the Official Statement as necessary to enable such purchasers to comply with the Rule.
The Chairman and County Administrator are authorized to execute the Official Statement
on behalf of the County, with such changes, completions and amendments as they shall
determine are necessary or desirable. Execution of the Official Statement by the Chairman
and County Administrator shall constitute approval of any such changes, completions or
amendments.
The County Administrator or his designee is hereby delegated the authority to award
the Bonds to the responsive bidder offering to purchase the Bonds at the lowest true interest
cost to the County, which in no event shall exceed 5.00 percent (5.00%), calculated as
provided in the Official Notice of Bond Sale, and with a final maturity date of no later than
twenty (20) years following the date of issuance of the Bonds.
SECTION 6. APPLICATION OF BOND PROCEEDS. The proceeds,
including accrued interest and premium, if any, received from the sale of the Bonds shall
be applied by the Issuer simultaneously with the delivery of such Bonds to the purchaser,
as follows:
1. Capitalized interest, if any, shall be deposited into the Sinking Fund and shall
be used only for the purpose of paying interest becoming due on the Bonds.
2. A portion of the Bond proceeds shall be deposited in the Project Fund. The
Issuer covenants and agrees to establish a separate account within the Project Fund to be
known as the "Indian River County, Florida General Obligation Bonds, Series 2026 Project
Account" (hereinafter referred to as the "2026 Project Account") which shall be used only
for the payment of the Cost of the Project. Moneys in the 2026 Project Account until
applied in payment of any item of the Cost of the Project, shall be held in trust by the Issuer
and shall be subject to a lien and charge in favor of the Holders of the Bonds, and for the
further security of such Holders.
3. To the extent not paid by the original purchaser of the Bonds, the Issuer shall
pay all costs and expenses in connection with the issuance, sale and delivery of the Bonds.
SECTION 7. CONTINUING DISCLOSURE CERTIFICATE. In order
to enable the Underwriter to comply with the provisions of the Rule relating to secondary
market disclosure, the County Administrator is hereby authorized and directed to execute
and deliver the Continuing Disclosure Certificate in the name and on behalf of the County
substantially in the form attached hereto as Exhibit D, with such changes, amendments,
omissions and additions as shall be approved by the Chairman, his execution and delivery
thereof being conclusive evidence of such approval.
0
Page 133 of 386
SECTION 8. APPOINTMENT OF REGISTRAR AND PAYING
AGENT. U.S. Bank Trust Company, National Association, Jacksonville, Florida, is
hereby designated Registrar and Paying Agent for the Bonds. The Chairman and the Clerk
are hereby authorized to enter into any agreement which may be necessary to effect the
transactions contemplated by this Section 8.
SECTION 9. GENERAL AUTHORITY. The members of the Board of the
County Commission and the officers, attorneys and other agents or employees of the
County are hereby authorized to do all acts and things required of them by this
Supplemental Resolution, the Original Resolution or the Bond Resolution, or desirable or
consistent with the requirements hereof or of the Original Resolution, including the
execution of such documents necessary to establish a book -entry system of registration
with respect to the Bonds, for the full punctual and complete performance hereof or thereof.
Each member, employee, attorney and officer of the County is hereby authorized and
directed to execute and deliver any and all papers and instruments and to be and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated hereunder. The County Administrator and/or the Clerk or any designees
thereof are hereby authorized to execute such tax forms or agreements as shall be necessary
to effect the transactions contemplated hereby, including designating Bond Counsel to
assist or act as agent with respect thereto.
SECTION 10. ORIGINAL RESOLUTION TO CONTINUE IN FORCE.
Except as herein expressly provided, the Original Resolution and all the terms and
provisions thereof, including the covenants contained therein, are and shall remain in full
force and effect.
SECTION 11. SEVERABILITY AND INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provision of law or contrary to the policy of express law, even
though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or provisions shall be null
and void and shall be deemed separable from the remaining covenants, agreements or
provisions and shall in no way affect the validity of any of the other covenants, agreements
or provisions hereof or the Bonds issued hereunder.
[Remainder of page intentionally left blank]
7
Page 134 of 386
SECTION 12. EFFECTIVE DATE. This Supplemental Resolution shall
become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Chairman Deryl Loar
Vice Chairman Laura Moss
Commissioner Susan Adams
Commissioner Joseph Earman
Commissioner Joseph E. Flescher
who
and,
The Chairman thereupon declared the resolution passed and adopted this 19th day
of May 2026.
BOARD OF COUNTY COWNUSSIONERS
INDIAN RIVER COUNTY, FLORIDA
Deryl Loar, Chairman
ATTEST: Ryan L. Butler, Clerk of Circuit
Court and Comptroller
By:
Clerk
Approved as to form and legal sufficiency:
EV
Page 135 of 386
EXHIBIT A
FORM OF SUMMARY NOTICE OF SALE
Page 136 of 386
SUMMARY NOTICE OF SALE
$[PAR AMOUNT]*
Indian River County, Florida
General Obligation Bonds, Series 2026
Bids for the above captioned bonds will be received by Indian River County, Florida
(the "County") via the BiDCOMP/Parity® Competitive Bidding System ("Parity®") until
[11:00] A.M. (the "Submittal Deadline"), Eastern time, [June 11], 2026 or such other date
as may be established by the County Administrator or Chief Deputy Comptroller of the
County or their respective designee no less than ten (10) days after the date of publication
of this notice and communicated through Refinitiv TM3 at the internet website address
www.tm3.com not less than twenty (20) hours prior to the time bids are received (the "Bid
Date").
Such bids are to be opened in public as soon as practical after the Submittal Deadline
on said day for the purchase of the Indian River County, Florida General Obligation Bonds,
Series 2026 (the "2026 Bonds"). The 2026 Bonds will mature as specified in the Official
Notice of Sale. Proceeds of the 2026 Bonds shall be used for the purpose of (i) financing
the acquisition and preservation of environmentally sensitive lands and the construction of
public access improvements with respect thereto within the County and (ii) paying the costs
of issuing the 2026 Bonds.
The approving opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond
Counsel, will be furnished to the successful bidder at the expense of the County.
Electronic copies of the Preliminary Official Statement and the Official Notice of
Sale relating to the 2026 Bonds may be obtained at the website address www.munios.com.
Printed, bound copies of the Preliminary Official Statement will be available on a limited
basis from the County's Financial Advisor, Joel Tindal, Hilltop Securities Inc., 450 South
Orange Avenue, Suite 225, Orlando, Florida 32801, telephone 407/426-9611, email
joel.tindalna,hilltopsecurities.com. For more information about Parity®, potential bidders
may call Parity® at 212/849-5021.
Indian River County, Florida
John A. Titkanich, Jr.
County Administrator
Dated: [June 11, 2026
'Preliminary, subject to change.
Page 137 of 386
EXHIBIT B
FORM OF OFFICIAL NOTICE OF SALE
Page 138 of 386
OFFICIAL NOTICE OF SALE
$[PAR AMOUNT]*
INDIAN RIVER COUNTY, FLORIDA
GENERAL OBLIGATION BONDS, SERIES 2026
The Indian River County, Florida General Obligation Bonds, Series 2026 (the "2026
Bonds") are being offered for sale in accordance:with this Official Notice of Sale. Notice
is hereby given that bids will be received by Indian River County, Florida (the "Issuer" or
the "County") for the purchase of the 2026 Bonds via the BiDCO T/Parity® Competitive
Bidding System: ("Parity'") in the manner described below until :[I 1:00: A.M.], Eastern
time, on [June Ill 9 2026, or on such_ other date and/or time as will be: established by the
County Administrator or Clerk of the Circuit. Court and Comptroller of the County or their
respective designee and communicated through pe gn Refimtiv TM3 'at the J.nternet website
address www.tm3.com not less than 20 hours prior to the time the bids are: to be received.
To the extent any instructions or directions set forth on Parity® conflict with this Official
Notice of Sale, the terms of this Official Notice of Sale shall .control. For further
information about Parity®, and to subscribe in advance of the bid, potential bidders may
contact Parity® at (212) 849-5021. The: use of Parity® shall be at the bidder's risk and
expense, and the Issuer shall: have no liability with respect thereto.
BOND DETAILS
The description of the 2026 Bonds, the purpose thereof and the -security therefor, as
set forth in this Official Notice of Sale, is subject in its entirety to the disclosures made in
the Preliminary Official Statement relating to the 2026 Bonds (the "Preliminary Official
Statement"). See "DISCLOSURE INFORMATION" herein.
The 2026 Bonds will be issued as fully registered bonds; and when executed and
delivered, will be registered in the name of Cede & Co., as, registered owner and nominee
for The Depository Trust Company ("DTC"), which will act as securities depository for
the 2026 Bonds. Individual purchases of the 2026 Bonds maybe made only in book -entry
form in denominations. of $5,000 or integral multiples thereof ' Purchasers of the 2026
Bonds (the "Beneficial Owners'.) will not receive .physical delivery: of bond certificates.....,.
As long as Cede & Co. is the registered. owner of the :2026 Bonds as nominee for DTC;
payments of principal and interest with respect to the 2026 Bonds will be made directly to
such registered owner who will in turn remit such: principal and interest payments to DTC .
participants for subsequent disbursement to the Beneficial Owners.: The Issuer will not be
responsible for payments to Beneficial Owners.
The 2026 Bonds will be dated their date of delivery (expected: to :be [July 11, 2026)
or such other date as maybe communicated through Refinitiv :TM3 at the' Internet website
Preliminary, subject to change.
Page 139 of 386
address www.tm3.com not less than 20 hours prior to the time bids are to be received, and
shall bear interest from such date and shall be payable semiannually commencing on
January 1, 2027, and on each July 1 and January 1 thereafter until maturity at the rate or
rates specified in such proposals as may be accepted. The proposed schedule of maturities
and amounts are as follows:
INITIAL MATURITY SCHEDULE FOR THE 2026 BONDS
Maturity Principal
(July 1) Amount*
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
Preliminary, subject to change.
Term Bond Option as described herein.
NOTE: The Issuer reserves the right to modify the maturity schedule shown above.
Any such modification will be communicated through the Refinitiv TM3 (See,
"ADJUSTMENT OF PRINCIPAL AMOUNTS" below.)
PAYING AGENT AND REGISTRAR
The Paying Agent and Registrar for the 2026 Bonds will be U.S. Bank Trust
Company, National Association, Jacksonville, Florida.
Page 140 of 386
:
ADJUSTMENT OF PRINCIPAL AMOUNTS
The schedule of maturities set forth above (the "Initial Maturity Schedule")
represents an estimate of the principal amount and maturities of the 2026 Bonds. that will
be sold. The Issuer reserves the right to change the Initial Maturity Schedule by announcing
any such change not later than 3:00 P.M., Eastern time, on the business' day immediately
preceding the date set for receipt of bids, through Refinitiv TM3 at the internee. website
address www.tm3.com. If no such change is announced, the Initial Maturity. Schedule will
be deemed the schedule of maturities for submission of the bid.
Furthermore, if after final computation of the bids, the Issuer determines in its sole
discretion that the funds necessary to accomplish the purpose of the. 2026. Bonds is more
I less than the proceeds of the sale of all of the. 2026 Bonds, the Issuer reserves the .right
to increase or decrease the principal amount, :by no more than [ 15% of the principal amount
of the 2026 Bonds, or 25%] within a. given maturity of the 2026 Bonds (to be rounded to
the nearest $5,000) or by such other amount as approved by the winning bidder; provided,
that the aggregate principal amount of the 2026 Bonds may not exceed $[PAR AMOUNT]
In the event of any such adjustment, no rebidding or recalculation of the bids submitted
will be required or permitted; and the 2026 Bonds of each maturity, as adjusted, will bear
interest at the same rate and must have the same initial reoffering yield as specified .
immediately; after award of the 2026: Bonds of that maturity, and the Underwriter's
Discount on the 2026 Bonds as submitted by the successful bidder: shall be held constant.
The "Underwriter's Discount" shall be defined as the difference between the purchase price
of the 2026 Bonds submitted by the bidder and the price at which the 2026 Bonds will be
issued to the public, less any bond insurance premium to be paidby the successful bidder,
calculated from information provided by the bidder, divided by the par amount of the 2026
Bonds bid. However, the award will be made to the bidder whose bid produces: the lowest
True Interest Cost ("TIC"), calculated as specified herein; solely on: the basis of the 2026
Bonds offered, without taking into account any adjustment lin the .amount :of 2026 Bonds
pursuant to this paragraph.
REDEMPTION PROVISIONS
The 2026 Bonds maturing on or, before July 1, 2036 will not be subject to optional
redemption prior to maturity. The 2026 Bonds maturing on July 1, 2037: and thereafter re.
redeemable at the option. of the County from any legally available source, in. whole or in
part and if inn part, in any order of maturity selected by the County, at its discretion, and by
lot within a maturity if less than an entire maturity is to be redeemed --on. July 1; 2036: or.
at any time thereafter, at a redemption price equal to: the principal amount of the 2026
Bonds to be redeemed, together with accrued interest to the date fixed for redemption.
3
Page 141 of 386
TERM BONDS OPTIONS
Any bidder may, at its option, specify that the maturities of the 2026 Bonds maturing
after July 1, 20_ will consist of term bonds which are subject to mandatory sinking fund
redemption in consecutive years immediately preceding the maturity thereof (each a "Term
Bond") as designated in the bid of such bidder. In the event that the bid of the successful
bidder specifies that a permitted maturity of the 2026 Bonds will be a Term Bond, such
Term Bond will be subject to mandatory sinking fund redemption on July 1 in each
applicable year, in the principal amount for such year as set forth hereinbefore under the
heading "INITIAL MATURITY SCHEDULE FOR THE 2026 BONDS," at a redemption
price equal to the principal amount thereof to be redeemed together with accrued interest
thereon to the redemption date, without premium.
AUTHORITY AND PURPOSE
The 2026 Bonds are being issued under the authority of the Florida Constitution,
Chapter 166.021, Florida Statutes, and other applicable provisions of law (collectively, the
"Act"), and Resolution No. 2023-004, adopted by the Board of County Commissioners of
the County on January 31, 2023, as supplemented, particularly as supplemented by
Resolution No. 2026- , adopted by the Board of County Commissioners of the County
on May 19, 2026 (the "Resolution").
The 2026 Bonds are being issued for the purpose of financing the acquisition and
preservation of environmentally sensitive lands and the construction of public access
improvements with respect thereto in and for the Issuer.
SECURITY
The 2026 Bonds are secured by the full faith and credit of the County, which has
covenanted to levy an ad valorem tax without limitation as to rate or amount to pay
principal and interest on the 2026 Bonds.
MUNICIPAL BOND INSURANCE OPTION
The purchase of municipal bond insurance, if available, will be at the option and
expense of the bidder. The successful bidder will be responsible for the payment of all costs
associated with any such insurance, including the premium charged by the insurer, and the
County will not be obligated to enter into any covenants or agreements with the insurer.
Each bidder should indicate whether municipal bond insurance has been purchased and
provide the name of the insurer. The bidder understands, by submission of its bid, that the
bidder is solely responsible for the selection of any insurer and for all negotiations with the
insurer as to the premium to be paid. If all or a portion of the Series 2026 Bonds are awarded
on an insured basis, reference to the insurance policy will appear on the Series 2026 Bonds
and in the Official Statement; however, the provisions of the financing documents will not
be altered nor will the County consent to make additional representations, undertakings or
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warranties. The failure of an insurer to issue its policy shall not constitute cause for a failure
or refusal by the successful bidder to accept delivery of or pay for the Series 2026 Bonds.
In the event of such failure, the County shall supplement or amend the Official Statement
and the responsibility for paying the cost of printing and mailing such supplement or
amendment shall be borne solely by the successful bidder.
In addition, if the successful bidder is arranging for bond insurance for all or a
portion of the Series 2026 Bonds, it also shall provide the amount of the premium to be
paid and certification that the present value of the premium is less than the present value
of the interest reasonably expected to be saved as a result of the insurance and that the
premium does not exceed a reasonable arms -length charge for the transfer of credit risk
accomplished through the bond insurance. Insured ratings with the use of bond insurance,
if required, are to be applied for by the successful bidder, and costs incurred for such ratings
must be paid at the successful bidder's expense.
RATING
S&P Global Ratings, a division of Standard and Poor's Financial Services LLC has
assigned a municipal bond rating of "_" ( outlook) to the 2026 Bonds.
TERMS OF BID AND BASIS OF AWARD
Proposals must be unconditional and for the purchase of all of the 2026 Bonds. The
aggregate purchase price, inclusive of original issue discount ("OID"), original issue
premium ("OIP") and underwriter's discount, may not be less than 100% of the principal
amount of the 2026 Bonds. The reoffering price of the 2026 Bonds may not be less than
98% of the principal amount of the 2026 Bonds for any single maturity thereof.
The 2026 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or
one -twentieth (1/20) of one (1) per centum. The use of split or supplemental interest
coupons will not be considered and a zero rate or blank rate will not be permitted. All 2026
Bonds maturing on the same date shall bear the same rate of interest.
The 2026 Bonds will be awarded to the bidder offering to purchase the 2026 Bonds
at the lowest annual interest cost computed on a TIC basis. The annual TIC will be
determined by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the 2026 Bonds from the payment dates
to the Closing Date (as defined below) and to the aggregate purchase price bid on the 2026
Bonds, calculated on a 360 day year consisting of twelve 30 -day months. The TIC must
be calculated to six (6) decimal places. If more than one bid offers the same lowest TIC,
the successful bid will be selected by lot from among all such bids. NO BID SHALL BE
ACCEPTED WITH A TIC GREATER THAN 5.00%.
THE ISSUER RESERVES THE RIGHT TO REJECT ALL BIDS OR ANY BID
NOT CONFORMING TO THIS OFFICIAL NOTICE OF SALE. THE ISSUER ALSO
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RESERVES THE RIGHT TO WAIVE, IF PERMITTED BY LAW, ANY
IRREGULARITY OR INFORMALITY IN ANY PROPOSAL. THE ISSUER SHALL
NOT REJECT ANY CONFORMING BID, UNLESS ALL CONFORMING BIDS ARE
REJECTED.
GOOD FAITH DEPOSIT
If the County selects a winning bid, then the successful bidder must submit a "Good
Faith Deposit" (the "Deposit") to the County in the form of a wire transfer in the amount
of $ not later than 5:00 P.M., Eastern time, on the date of the award. The Deposit
of the successful bidder will be collected and the proceeds thereof retained by the Issuer to
be applied as partial payment for the 2026 Bonds and no interest will be allowed or paid
upon the amount thereof, but in the event the successful bidder shall fail to comply with
the terms of the bid, the proceeds thereof will be retained as and for full liquidated damages.
ANTI-HUMAN TRAFFICKING AFFIDAVIT OF THE PURCHASER
Section 787.06(13), Florida Statutes, requires the successful bidder to provide an
affidavit to the County, under penalty of perjury, attesting that such successful bidder does
not use coercion for labor or services as defined in Section 787.06, Florida Statutes. The
successful bidder will be required to submit an Anti -Human Trafficking Affidavit (the
form of which is attached hereto as Exhibit A-3) to the County, by email at
[enagy@indianriverclerk.com], with a copy to joel.tindal@hilltopsecurities.com, in
connection with the official award.
STANDARD FILINGS, CHARGES AND CLOSING DOCUMENTS
The winning bidder will be required to make the standard filings and maintain the
appropriate records routinely required pursuant to MSRB Rules G-8, G-11 and G-36. The
winning bidder will be required to pay the standard MSRB charge for the 2026 Bonds
purchased. In addition, those who are members of SIFMA will be required to pay SIFMA's
standard charge per bond. The winning bidder will also be required to execute certain
closing documents required by Florida law or required by Bond Counsel (as defined below)
in connection with the delivery of its tax opinion. See "DISCLOSURE; AMENDMENTS
TO NOTICE OF SALE; NOTIFICATION OBLIGATIONS OF PURCHASER" herein.
CUSIP NUMBERS
The Issuer will assume no obligation for the assignment of CUSIP numbers to the
2026 Bonds or for the correctness of any such numbers printed thereon, but the Issuer will
permit such printing to be done at the expense of the purchaser, provided that such printing
does not result in any delay of the date of delivery of the 2026 Bonds. Hilltop Securities
Inc. (the "Financial Advisor") will request the assignment of CUSIP numbers prior to the
sale of the 2026 Bonds.
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DELIVERY OF THE 2026 BONDS
The Issuer will pay the cost of preparing the 2026 Bonds. The successful bidder is
responsible for DTC eligibility and related DTC costs. Delivery of and payment for the
2026 Bonds will be via DTC Fast on or about [July 11, 2026 (the "Closing Date") in New
York, New York, or such other time and place mutually acceptable to the successful bidder
and the Issuer. Payment of the full purchase price, less the Deposit, shall be made to the
Issuer not later than 12:00 P.M., Eastern time on the Closing Date, in Federal Reserve
Funds of the United States of America, without cost to the Issuer.
The legal opinion of Nabors, Giblin & Nickerson, P.A. ("Bond Counsel") will be
furnished without charge to the successful bidder at the time of delivery of the 2026 Bonds.
For a further discussion of the content of that opinion and the proposed form of the
approving opinion, see the Preliminary Official Statement for the 2026 Bonds.
There will also be furnished at the time of delivery of the 2026 Bonds, a certificate
or certificates of the Issuer (which may be included in a consolidated closing certificate)
relating to the accuracy and completeness of the Official Statement; and stating, among
other things, that there is no litigation or administrative action or proceeding pending or,
to the knowledge of the Issuer, threatened, at the time of delivery of the 2026 Bonds, (a) to
restrain or enjoin or seeking to restrain or enjoin the issuance and delivery of the 2026
Bonds or (b) affecting the validity of the 2026 Bonds, and that the Preliminary Official
Statement has been deemed by the Issuer to be a "final official statement" for purposes of
SEC Rule 15c2 -12(b)(3) and (4).
The successful bidder will be responsible for the clearance or exemption with
respect to the status of the 2026 Bonds for sale under the securities or "Blue Sky" laws of
the several states and the preparation of any surveys or memoranda in connection with such
sale.
ESTABLISHMENT OF ISSUE PRICE(')
The winning bidder shall assist the Issuer in establishing the issue price of the 2026
Bonds and shall execute and deliver to the Issuer on or prior to the closing date for the 2026
Bonds an "issue price" or similar certificate setting forth the reasonably expected initial
offering prices to the public or the actual sales price or prices of the 2026 Bonds, together
with the supporting pricing wires or equivalent communications, substantially in the
applicable form attached hereto as Exhibit A-2, with such modifications as may be
appropriate or necessary, in the reasonable judgment of the winning bidder, the Issuer and
Bond Counsel.
Note: 10% or Hold -the -Offering -Price Rule may apply if Competitive Sale Requirements are not
satisfied.
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The Issuer intends that the provisions of Treasury Regulation Section 1.148-
l(f)(3)(i) (defining "competitive sale" for purposes of establishing the issue price of the
2026 Bonds) will apply to the initial sale of the 2026 Bonds ("competitive sale
requirements") because:
1. the Issuer has disseminated this Official Notice of Sale to potential
underwriters in a manner that is reasonably designed to reach potential underwriters;
2. all bidders shall have an equal opportunity to bid;
3. the Issuer may receive bids from at least three underwriters of municipal
bonds who have established industry reputations for underwriting new issuances of
municipal bonds; and
4. the Issuer anticipates awarding the sale of the 2026 Bonds to the bidder who
submits a firm offer to purchase the 2026 Bonds at the lowest true interest cost, as set forth
in this Official Notice of Sale.
Any bid submitted pursuant to this Official Notice of Sale shall be considered a firm
offer for the purchase of the 2026 Bonds, as specified in the bid. BY SUBMITTING A
BID FOR THE 2026 BONDS, A BIDDER REPRESENTS AND WARRANTS TO THE
ISSUER THAT THE BIDDER HAS AN ESTABLISHED INDUSTRY REPUTATION
FOR UNDERWRITING NEW ISSUANCES OF MUNICIPAL BONDS SUCH AS THE
2026 BONDS AND SUCH BIDDER'S BID IS SUBMITTED FOR AND ON BEHALF
OF SUCH BIDDER BY AN OFFICER OR AGENT WHO IS DULY AUTHORIZED TO
BIND THE BIDDER TO A LEGAL, VALID AND ENFORCEABLE CONTRACT FOR
THE PURCHASE OF THE 2026 BONDS. Once the bids are communicated electronically
via Parity® to the Issuer, each bid will constitute an irrevocable offer to purchase the 2026
Bonds on the terms herein and therein provided.
In the event that the competitive sale requirements are not satisfied, the Issuer shall
so advise the winning bidder. In such case, the Issuer shall treat (i) the first price at which
10% of a maturity of the 2026 Bonds is sold to the public (the "10% test") as the issue price
of that maturity, and/or (ii) the initial offering price to the public as of the sale date of any
maturity of the 2026 Bonds as the issue price of that maturity (the "hold -the -offering -price
rule"), in each case applied on a maturity -by -maturity basis. The winning bidder shall
advise the Issuer if any maturity of the 2026 Bonds satisfies the 10% test as of the date and
time of the award of the 2026 Bonds. The Issuer will promptly advise the winning bidder,
at or before the time of award of the 2026 Bonds, which maturities of the 2026 Bonds shall
be subject to the 10% test or shall be subject to the hold -the -offering -price rule. Bids will
not be subject to cancellation in the event that the Issuer determines to apply the hold -the -
offering -price rule to any maturity of the 2026 Bonds. Bidders should prepare their bids
on the assumption that some or all of the maturities of the 2026 Bonds will be subject to
the hold -the -offering -price rule in order to establish the issue price of the 2026 Bonds.
Page 146 of 386
By submitting a bid, the winning bidder shall confirm (i) that it and all other
underwriters that are participating in the winning bidder's bid have offered or will offer the
2026 Bonds to the public on or before the date of award at the offering price or prices (the
"initial offering price"), or at the corresponding yield or yields, set forth in the bid
submitted by the winning bidder and (ii) agree, on behalf of itself and all other underwriters
participating in the winning bidder's bid for the purchase of the 2026 Bonds, that the
underwriters will neither offer nor sell unsold 2026 Bonds of any maturity to which the
hold -the -offering -price rule shall apply to any person at a price that is higher than the initial
offering price to the public during the period starting on the sale date and ending on the
earlier of the following:
(a) the close of the fifth (5th) business day after the sale date; or
(b) the date on which the underwriters have sold at least 10% of that maturity of
the 2026 Bonds to the public at a price that is no higher than the initial offering price to the
public.
The winning bidder will advise the Issuer promptly after the close of the fifth (5th)
business day after the sale date whether it has sold 10% of that maturity of the 2026 Bonds
to the public at a price that is no higher than the initial offering price to the public.
If the competitive sale requirements are not satisfied, then until the 10% test has
been satisfied as to each maturity of the 2026 Bonds, the winning bidder agrees to promptly
report to the Issuer the prices at which the unsold 2026 Bonds of that maturity have been
sold to the public. That reporting obligation shall continue, whether or not the Closing
Date has occurred, until either (i) all the 2026 Bonds of that maturity have been sold or (ii)
the 10% test has been satisfied as to the 2026 Bonds of that maturity, provided that, the
winning bidder's reporting obligation after the Closing Date may be at reasonable periodic
intervals or otherwise upon request of the Issuer or Bond Counsel.
The Issuer acknowledges that, in making the representations set forth above, the
winning bidder will rely on (i) the agreement of each underwriter to comply with the
requirements for establishing the issue price of the 2026 Bonds, including, but not limited
to, its agreement to comply with the hold -the -offering -price rule, if applicable to the 2026
Bonds, as set forth in an agreement among underwriters and the related pricing wires, (ii)
in the event a selling group has been created in connection with the initial sale of the 2026
Bonds to the public, the agreement of each dealer who is a member of the selling group to
comply with the requirements for establishing the issue price of the 2026 Bonds, including,
but not limited to, its agreement to comply with the hold -the -offering -price rule, if
applicable to the 2026 Bonds, as set forth in a selling group agreement and the related
pricing wires, and (iii) in the event that an underwriter or dealer who is a member of the
selling group is a party to a third -party distribution agreement that was employed in
connection with the initial sale of the 2026 Bonds to the public, the agreement of each
broker-dealer that is a party to such agreement to comply with the requirements for
establishing the issue price of the 2026 Bonds, including, but not limited to, its agreement
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to comply with the hold -the -offering -price rule, if applicable to the 2026 Bonds, as set forth
in the third -party distribution agreement and the related pricing wires. The Issuer further
acknowledges that each underwriter shall be solely liable for its failure to comply with its
agreement regarding the requirements for establishing the issue price of the 2026 Bonds,
including, but not limited to, its agreement to comply with the hold -the -offering -price rule,
if applicable to the 2026 Bonds, and that no underwriter shall be liable for the failure of
any other underwriter, or of any dealer who is a member of a selling group, or of any
broker-dealer that is a party to a third -party distribution agreement to comply with its
corresponding agreement to comply with the requirements for establishing the issue price
of the 2026 Bonds, including, but not limited to, its agreement to comply with the hold -
the -offering -price rule if applicable to the 2026 Bonds.
By submitting a bid, each bidder confirms that:
(i) any agreement among underwriters, any selling group agreement and
each third -party distribution agreement (to which the bidder is a party) relating to
the initial sale of the 2026 Bonds to the public, together with the related pricing
wires, contains or will contain language obligating each underwriter, each dealer
who is a member of the selling group, and each broker-dealer that is a party to such
retail distribution agreement, as applicable:
(A) (1) to report the prices at which it sells to the public the unsold
2026 Bonds of each maturity allocated to it, whether or not the Closing Date
has occurred, until either all 2026 Bonds of that maturity allocated to it have
been sold or until it is notified by the winning bidder that the 10% test has
been satisfied as to the 2026 Bonds of that maturity, provided that the
reporting obligation after the Closing Date may be at reasonable periodic
intervals or otherwise upon request of the winning bidder and (2) to comply
with the hold -the -offering -price rule, if applicable, if and for so long as
directed by the winning bidder and as set forth in the related pricing wires;
(B) to promptly notify the winning bidder of any sales of 2026
Bonds that, to its knowledge, are made to a purchaser who is a related party
to an underwriter participating in the initial sale of the 2026 Bonds to the
public (each such term being used as defined below); and
(C) to acknowledge that, unless otherwise advised by the
underwriter, dealer or broker-dealer, the winning bidder shall assume that
each order submitted by the underwriter, dealer or broker-dealer is a sale to
the public.
(ii) any agreement among underwriters or selling group agreement
relating to the initial sale of the 2026 Bonds to the public, together with the related
pricing wires, contains or will contain language obligating each underwriter or
dealer that is a party to a third -party distribution agreement to be employed in
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connection with the initial sale of the 2026 Bonds to the public to require each
broker-dealer that is a party to such third -party distribution agreement to (A) report
the prices at which it sells to the public the unsold 2026 Bonds of each maturity
allocated to it, whether or not the Closing Date has occurred, until either all 2026
Bonds of that maturity allocated to it have been sold or it is notified by the winning
bidder or such underwriter that the 10% test has been satisfied as to the 2026 Bonds
of that maturity, provided that the reporting obligation after the Closing Date may
be at reasonable periodic intervals or otherwise upon request of the winning bidder
or such underwriter and (B) comply with the hold -the -offering -price rule, if
applicable, if and for so long as directed by the winning bidder or the underwriter
and as set forth in the related pricing wires.
Sales of any 2026 Bonds to any person that is a related party to an underwriter shall
not constitute sales to the public for purposes of this Official Notice of Sale. Further, for
purposes of this Official Notice of Sale:
(i) "public" means any person other than an underwriter or a related
party,
(ii) "underwriter" means (A) any person that agrees pursuant to a written
contract with the Issuer (or with the lead underwriter to form an underwriting
syndicate) to participate in the initial sale of the 2026 Bonds to the public and (B)
any person that agrees pursuant to a written contract directly or indirectly with a
person described in clause (A) to participate in the initial sale of the 2026 Bonds to
the public (including a member of a selling group or a party to a retail distribution
agreement participating in the initial sale of the 2026 Bonds to the public),
(iii) a purchaser of any of the 2026 Bonds is a "related party" to an
underwriter if the underwriter and the purchaser are subject, directly or indirectly,
to (i) more than 50% common ownership of the voting power or the total value of
their stock, if both entities are corporations (including direct ownership by one
corporation of another), (ii) more than 50% common ownership of their capital
interests or profits interests, if both entities are partnerships (including direct
ownership by one partnership of another), or (iii) more than 50% common
ownership of the value of the outstanding stock of the corporation or the capital
interests or profit interests of the partnership, as applicable, if one entity is a
corporation and the other entity is a partnership (including direct ownership of the
applicable stock or interests by one entity of the other), and
(iv) "sale date" means the date that the 2026 Bonds are awarded by the
Issuer to the winning bidder.
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DISCLOSURE; AMENDMENTS TO NOTICE OF SALE;
NOTIFICATION OBLIGATIONS OF PURCHASER
This Official Notice of Sale is not intended as a disclosure document and bidders
are required to obtain and carefully review the Preliminary Official Statement before
submitting a bid.
This Official Notice of Sale may be amended from time to time after its initial
publication by publication of amendments thereto not less than 20 hours prior to the bid
date and time through Refinitiv TM3 at the internet website address www.tm3.com. Each
bidder will be charged with the responsibility of obtaining any such amendments and
complying with the terms thereof.
Prior to delivery of the 2026 Bonds to the successful bidder, the successful bidder
shall file with the Issuer a statement as described in Section 218.38(1)(c)2, Florida Statutes,
containing the underwriting spread (including management fee, if any), and the amount of
any fee, bonus or gratuity paid in connection with the 2026 Bonds to any person not
regularly employed by the successful bidder. This statement shall be filed with the Issuer
even if no such management fee or underwriting spread has been charged by the successful
bidder or no such fee, bonus or gratuity has been paid by the successful bidder, and such
filing shall be a condition precedent to the delivery of the 2026 Bonds by the Issuer to the
successful bidder.
The successful bidder, by submitting its bid, agrees to furnish to the Issuer and Bond
Counsel a certificate verifying information as to the bona fide initial offering prices or
yields of the 2026 Bonds to the public and sales of the 2026 Bonds appropriate for
determination of the issue price of, and the yield on, the 2026 Bonds under the Internal
Revenue Code of 1986, as amended, in the form attached hereto as Exhibit A-2, and such
other documentation as and at the time requested by Bond Counsel.
The successful bidder shall also verify its winning bid in writing to the Issuer by
executing a printed copy of its winning bid as reported on Parity®.
The winning bidder is required to provide a Truth in Bonding Statement pursuant to
Section 218.385, Florida Statutes, and to disclose the payment of any "finder's fee"
pursuant to Section 218.386, Florida Statutes, prior to the award of the 2026 Bonds, as set
forth in Exhibit A-1 to this Official Notice of Sale.
OFFICIAL STATEMENT
The Issuer shall furnish at its expense within seven (7) business days after the 2026
Bonds have been awarded to the successful bidder, or at least five (5) business days before
the Closing Date, whichever is earlier, a reasonable number of copies of the final Official
Statement, which, in the judgment of the Financial Advisor to the County will permit the
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successful bidder to comply with applicable SEC and MSRR rules. The successful bidder
may arrange for additional copies of the final Official Statement at its .expense.
CONTINUING DISCLOSURE:
In order to assist bidders in complying
with :SEC Rule 15c2 12; he Issuer will
undertake to provide, or cause to be provided, certain financial information and. operating
data and to provide notices of certain events, if material. 'Such information will be filed
with the Municipal Securities Rulemaking Board through its Electronic Municipal Market
Access System. A summary of such undertaking -is contained in the Preliminary Official
Statement.
DISCLOSURE INFORMATION
Copies of the Preliminary Official Statement "deemed final" (except for permitted
omissions) by the Issuer in accordance with SEC Rule 15c2-12 must be. -obtained from the
Financial Advisor, Hilltop Securities Inc., 450 South Orange Avenue, Suite 225; Orlando;
Florida 32801, (407) 426-9611 before a bid is submitted. The Issuer's Preliminary Official
Statement and Official Notice of Sale are also available for viewing in electronic format at
www.munios.com.
CHOICE OF LAW
Any litigation or claim arising out of any bid submitted (regardless of the means of
submission) pursuant to this Official Noticel of Bond Sale shall be governed by and
construed in accordance with the laws of the State of Florida. The venue situs for any such
action shall be the state courts of the Nineteenth Judicial. Circuit in and for. Indian River
County, Florida.
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NOTICE OF BIDDERS REGARDING
PUBLIC ENTITY CRIMES
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 contractor,
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, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
INDIAN RIVER COUNTY, FLORIDA
By: /s/John A. Titkanich, Jr.
John A. Titkanich, Jr., County Administrator
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EXHIBIT A-1
TRUTH -IN -BONDING STATEMENT
AND DISCLOSURE
In compliance with Section 218.385, Florida Statutes, as amended, the undersigned
bidder submits the following Truth -In -Bonding Statement with respect to the Indian River
County, Florida General Obligation Bonds, Series 2026 (the "Bonds") (NOTE: For
information purposes only and not a part of the bid):
Indian River County, Florida (the "Issuer") is proposing to issue
$ * of the Bonds for the purpose of financing the acquisition and
preservation of environmentally sensitive lands and the construction of public
access improvements with respect thereto within the County. The Bonds are
expected to be repaid over a period of approximately years. At a forecasted
interest rate of %, total interest paid over the life of the Bonds will be $
The source of repayment or security for the Bonds is a pledge of the full faith
and credit of the Issuer, as more fully described in the Preliminary Official
Statement and Official Notice of Sale.
In compliance with Section 218.386, Florida Statutes, the undersigned, on behalf of
itself and all other members of the underwriting group, if any, hereby certifies that neither
it nor any member of the underwriting group have paid any "finder's fees" as defined in
Section 218.386, Florida Statutes, or any bonus, fee or gratuity in connection with the sale
of the Bonds, except as provided below:
* Preliminary, subject to change.
A-1-1
Bidder's Name:
By:
Title:
Date:
Page 153 of 386
EXHIBIT A-2
CERTIFICATE WITH RESPECT TO "ISSUE PRICE"
The undersigned, on behalf of [UNDERWRITER] ("[UNDERWRITER SHORT
NAME] "), hereby represents and warrants that it has an established industry reputation for
underwriting new issuances of municipal bonds and certifies as set forth below with respect
to the sale of the above -captioned obligations (the 'Bonds").
[Alternate I - Competitive. Safe Harbor Met]
1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the
reasonably expected initial offering prices of the Bonds to the Public by [UNDERWRITER
SHORT NAME] are the prices listed in Schedule A (the "Expected Offering Prices"). The
Expected Offering Prices are the prices for the Maturities of the Bonds used by
[UNDERWRITER SHORT NAME] in formulating its bid to purchase the Bonds.
Attached as Schedule B are true and correct copies of the bid provided by
[UNDERWRITER SHORT NAME] to purchase the Bonds and the pricing wire or
equivalent communication for the Bonds.
(b) [UNDERWRITER SHORT NAME] was not given the opportunity to review
other bids prior to submitting its bid.
(c) The bid submitted by [UNDERWRITER SHORT NAME] constituted a firm
offer to purchase the Bonds.
[Alternate 2 — If all Maturities use General Rule]
1. Sale of Bonds under General Rule.
(a) As of the date of this certificate, for each Maturity of the Bonds, the first
price at which at least 10% of such Maturity of the Bonds was sold to the Public is the
respective price listed in Schedule A.
[Alternate 3 — If select Maturities use General Rule]
1. Sale of Bonds under General Rule (Select Maturities).
(a) As of the date of this certificate, for each Maturity of the General Rule
Maturities, the first price at which at least 10% of such Maturity of the Bonds was sold to
the Public is the respective price listed in Schedule A.
(b) [UNDERWRITER SHORT NAME] offered the Hold -the -Offering -Price
Maturities to the public for purchase at the respective initial offering prices listed in
A-2-1
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Schedule A (the "Initial Offering Prices") on or before the Sale Date. A copy of the pricing
wire or equivalent communication for the Bonds is attached to this certificate as Schedule
B.
(c) As set forth in the Official Notice of Sale and bid award, [UNDERWRITER
SHORT NAME] has agreed in writing that, (i) for each Maturity of the Hold -the -Offering -
Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any
person at a price that is higher than the Initial Offering Price for such Maturity during the
Holding Period for such Maturity (the "hold -the -offering -price rule"), and (ii) any selling
group agreement shall contain the agreement of each dealer who is a member of the selling
group, and any retail distribution agreement shall contain the agreement of each broker-
dealer who is a party to the retail distribution agreement, to comply with the hold -the -
offering -price rule. Pursuant to such agreement, no Underwriter (as defined below) has
offered or sold any Maturity of the Hold -the -Offering -Price Maturities at a price that is
higher than the respective Initial Offering Price for that Maturity of the Bonds during the
Holding Period.
[Alternate 4 — If all Maturities Hold -the -Offering -Price Rule]
Sale of Bonds under Hold -the -Offering -Price Rule.
(a) [UNDERWRITER SHORT NAME] offered the Bonds to the Public for
purchase at the respective initial offering prices listed in Schedule A (the "Initial Offering
Prices") on or before the Sale Date. A copy of the pricing wire or equivalent
communication for the Bonds is attached to this certificate as Schedule B.
(b) As set forth in the Official Notice of Sale and bid award, [UNDERWRITER
SHORT NAME] has agreed in writing that, (i) for each Maturity of the Bonds, it would
neither offer nor sell any of the Bonds of such Maturity to any person at a price that is
higher than the Initial Offering Price for such Maturity during the Holding Period for such
Maturity (the "hold -the -offering -price rule"), and (ii) any selling group agreement shall
contain the agreement of each dealer who is a member of the selling group, and any retail
distribution agreement, to comply with the hold -the -offering -price rule. Pursuant to such
agreement, no Underwriter (as defined below) has offered or sold any Maturity of the
Bonds at a price that is higher than the respective Initial Offering Price for that Maturity of
the Bonds during the Holding Period.
2. Total Issue Price. The total of the issue prices of all Maturities is
3. Defined Terms.
(a) General Rule Maturities means those Maturities of the Bonds listed in
Schedule A hereto as the "General Rule Maturities."
A-2-2
Page 155 of 386
(b) Hold -the -Offering -Price Maturities means those Maturities of the Bonds
listed in Schedule A hereto as the "Hold -the -Offering -Price Maturities."
(c) Holding Period means, with respect to a Hold -the -Offering -Price Maturity,
the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth
business day after the Sale Date ([June 111, 2026), or (ii) the date on which
[UNDERWRITER SHORT NAME] sold at least 10% of such Hold -the -Offering -Price
Maturity to the Public at prices that are no higher than the Initial Offering Price for such
Hold -the -Offering -Price Maturity.
(d) Issuer means Indian River County, Florida.
(e) Maturity means Bonds with the same credit and payment terms. Bonds with
different maturity dates, or Bonds with the same maturity date but different stated interest
rates, are treated as separate Maturities.
(f) Public means any person (including an individual, trust, estate, partnership,
association, company, or corporation) other than an Underwriter or a related party to an
Underwriter. The term "related party" for purposes of this certificate generally means any
two or more persons who have greater than 50 percent common ownership, directly or
indirectly.
(g) Sale Date means the first day on which there is a binding contract in writing
for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is [June 11], 2026.
(h) Underwriter means (i) any person that agrees pursuant to a written contract
with the Issuer (or with the lead underwriter to form an underwriting syndicate) to
participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees
pursuant to a written contract directly or indirectly with a person described in clause (i) of
this paragraph to participate in the initial sale of the Bonds to the Public (including a
member of a selling group or a party to a retail distribution agreement participating in the
initial sale of the Bonds to the Public).
The representations set forth in this certificate are limited to factual matters only.
Nothing in this certificate represents [UNDERWRITER SHORT NAME]'s interpretation
of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of
1986, as amended, and the Treasury Regulations thereunder. The undersigned understands
that the foregoing information will be relied upon by the Issuer with respect to certain of
the representations set forth in the Certificate as to Arbitrage and Certain Other Tax Matters
relating to the Bonds and with respect to compliance with the federal income tax rules
affecting the Bonds, and by Nabors, Giblin & Nickerson, P.A. in connection with rendering
its opinion that the interest on the Bonds is excluded from gross income for federal income
tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other
A-2-3
Page 156 of 386
federal income tax advice that it may give to the Issuer from time to time relating to the
Bonds.
Dated: , 2026
[Name]
A-2-4
Page 157 of 386
SCHEDULE 1
EXPECTED OFFERING PRICES
OR
PRICES OF GENERAL RULE MATURITIES
AND HOLD -THE -OFFERING PRICE MATURITIES
SCH 1-1
Page 158 of 386
SCHEDULE2
COPY OF UNDERWRITER'S BID AND PRICING WIRE
SCH 2-1
Page 159 of 386
EXHIBIT A-3
NONGOVERNMENTAL ENTITY
ANTI-HUMAN TRAFFICKING AFFIDAVIT
Section 787.06(13), Florida Statutes
$[PAR AMOUNT]
INDIAN RIVER COUNTY, FLORIDA
GENERAL OBLIGATION BONDS, SERIES 2026
I, the undersigned, am an officer or representative of [UNDERWRITER] and attest
that said entity does not use coercion for labor or services as defined in Section 787.06,
Florida Statutes. Under penalty of perjury, I hereby declare and affirm, to the best of my
knowledge and belief, that the above stated facts are true and correct.
[UNDERWRITER]
[Name], [Title]
STATE OF
COUNTY OF
SWORN TO AND SUBSCRIBED before me by means of ❑ physical presence or
❑ online notarization this —day of 2026, by [Name] as [Title] on behalf of
[UNDERWRITER]. He/she is ❑ personally known to me or ❑ has produced
(Type of Identification) as identification.
(Notary Seal)
A-3-1
Signature of Notary Public
Print, Type or Stamp Name of Notary
Serial Number, if any
Page 160 of 386
EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
Page 161 of 386
PRELIMINARY OFFICIAL STATEMENT DATED [JUNE] _, 2026
NEW ISSUE - BOOK -ENTRY ONLY
See "RATING" herein
In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel,
under existing statutes, regulations, rulings and court decisions and subject to the
conditions described herein under "TAX MATTERS, " interest on the Series 2026 Bonds is
(a) excludable from gross income of the owners thereof for federal income tax purposes
except as otherwise described herein under the caption "TAX MATTERS, " and (b) not an
item of tax preference for purposes of the federal alternative minimum tax; provided,
however, with respect to certain corporations, interest on the Series 2026 Bonds is taken
into account in determining the annual adjusted financial statement income for the purpose
of computing the alternative minimum tax imposed on such corporations. Such interest,
however, may be subject to other federal income tax consequences referred to herein under
"TAX MATTERS." See "TAX MATTERS" herein for a general discussion of Bond
Counsel's opinion and other tax considerations.
ERna $[PAR AMOUNT]*
3 G? INDIAN RIVER COUNTY, FLORIDA
GENERAL OBLIGATION BONDS,
`Zoxw� SERIES 2026
Dated: Date of Delivery Due: July 1, as shown on inside cover
The Indian River County, Florida General Obligation Bonds, Series 2026 (the
"Series 2026 Bonds") will be issued by Indian River County, Florida (the "County") as
fully registered bonds in denominations of $5,000 and integral multiples thereof. Interest
on the Series 2026 Bonds will be payable semiannually on each January 1 and July 1,
commencing on [January 1, 2027], by check or draft of U.S. Bank Trust Company,
National Association, as Paying Agent, to the registered owner thereof or by electronic
means. Principal of and redemption premium, if any, on the Series 2026 Bonds is payable
upon presentation and surrender at the principal corporate trust office of the Paying Agent.
The Series 2026 Bonds initially will be registered in the name of Cede & Co., as
registered owner and nominee for The Depository Trust Company ("DTC"), which will act
as securities depository for the Series 2026 Bonds. Series 2026 Bonds will be available to
purchasers under the book -entry system maintained by DTC through brokers and dealers
who are, or act through, Direct Participants (as defined herein). Purchasers of the Series
2026 Bonds (the "Beneficial Owners''') will not receive physical delivery of bond
certificates. Ownership by the Beneficial Owners of the Series 2026 Bonds will be
evidenced by book -entry only. As long as Cede & Co. is the registered owner as nominee
of DTC, payments of principal, interest and premium, if any, will be made directly to such
registered owner which will in turn remit such payments to the Direct Participants for
Page 162 of 386
subsequent disbursement to the Beneficial Owners. See "DESCRIPTION OF THE
SERIES 2026 BONDS — Book Entry Only System" herein.
The Series 2026 Bonds are being issued for the purposes of (1) financing costs of
the acquisition and preservation of certain environmentally sensitive lands, and the
construction of public access improvements with respect thereto, as described in the plans
and specifications on file with the County, and (2) paying certain costs and expenses
relating to the issuance of the Series 2026 Bonds.
The Series 2026 Bonds are being issued by the County under the authority of Article
VII, Section 12 of the Constitution of the State of Florida, Chapter 125, Florida Statutes,
and other applicable provisions of law, and pursuant to Resolution No. 2023-004 adopted
by the Board of County Commissioners of the County on January 31, 2023, as
supplemented, particularly as supplemented by Resolution No. 2026-[___] adopted by the
Board on [May 19], 2026 (collectively, the "Bond Resolution"). The issuance of certain
general obligation bonds such as the Series 2026 Bonds was approved by a majority of the
qualified electors of the County voting in a bond referendum held on November 8, 2022
and validated by a judgment of the Circuit Court of the Nineteenth Judicial Circuit of the
State of Florida, in and for the County, on April 27, 2023.
The Series 2026 Bonds are subject to redemption prior to their stated maturities, as
more particularly described herein. See "DESCRIPTION OF THE SERIES 2026 BONDS
— Redemption Provisions" herein.
The Series 2026 Bonds are general obligation bonds of the County to which the full
faith, credit and taxing power of the County are irrevocably pledged in the manner and to
the extent described in the Bond Resolution. The Series 2026 Bonds are payable from ad
valorem taxes levied without limitation as to rate or amount on all taxable property within
the County sufficient in amount to pay the principal of and interest on the Series 2026
Bonds. See "SECURITY FOR THE SERIES 2026 BONDS" herein.
SEE INSIDE COVER PAGE FOR THE MATURITY SCHEDULE
This cover page and the inside cover page contains certain information for quick
reference only. They are not, and are not intended to be, a summary of this issue. Investors
must read the entire Official Statement, including the Appendices, to obtain information
essential to the making of an informed investment decision.
Electronic bids only for the Series 2026 Bonds pursuant to the provisions of the
Notice of Sale will be received by the County pursuant to BiDCOMP/Parity® electronic
bid submission system in the manner and at the time and/or date described in the Official
Notice of Sale.
Page 163 of 386
The County is not planning to purchase bond insurance at its expense to insure all
or some of the Series 2026 Bonds. However, bidders, at their own expense, may elect to
insure all or a portion of the Series 2026 Bonds and such insurance may be obtained from
one or more bond insurance providers identified by the successful bidder. See "TERMS
OF BIDS AND BASIS OF AWARD" in the Official Notice of Sale for further information.
The Series 2026 Bonds are offered when, as and if issued and received by the
underwriter, subject to the approving legal opinion of Nabors, Giblin & Nickerson, P.A.,
Tampa, Florida, Bond Counsel. Certain legal matters will be passed upon for the County
by Jennifer W. Shuler, Esq., County Attorney, and certain disclosure matters will be passed
upon by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, as Disclosure Counsel to the
County. Hilltop Securities Inc., Orlando, Florida, is acting as Municipal Advisor for the
County. It is expected that the Series 2026 Bonds will be available for delivery through
the facilities of DTC on or about [July] [J, 2026.
Dated: [June] [1, 2026
*Preliminary, subject to change.
Page 164 of 386
$[PAR AMOUNT]'
INDIAN RIVER COUNTY, FLORIDA
General Obligation Bonds, Series 2026
$ [ 1 Serial Bonds
Maturity Principal Interest Initial
(July 1)'# Amount* Rate Yield Price CUSIP Nos."
Preliminary, subject to change. See "ADJUSTMENTS OF PRINCIPAL AMOUNTS" in the Official Notice of Sale for fiuther
information.
Copyright, CUSIP Global Services. CUSIP is a registered trademark of the American Bankers Association. CUSIP data herein
is provided by CUSiP Global Services, which is managed on behalf of the American Bankers Association by FactSet Research
Systems, Inc. All rights reserved. This data is not intended to create a database and does not serve in any way as a substitute
for CUSIP Global Services. The County is not responsible for the use of the CUSIP numbers referenced herein nor is any
representation made by the County as to their correctness. The CUSIP numbers provided herein are included solely for the
convenience of the readers of this Official Statement. The CUSIP number for a specific maturity is subject to being changed
after the issuance of the Series 2026 Bonds as a result of various subsequent actions including, but not limited to, a refunding
in whole or in part of as a result of the procurement of secondary markets portfolio insurance or other similar enhancement by
investors that is applicable to all or a portion of certain maturities of the bonds.
t May be combined into Term Bonds. The maturities of the Series 2026 Bonds may consist of Serial Bonds and/or Term Bonds.
There is no limitation on the number of Term Bonds, provided only principal amounts maturing on and after July 1, 20_ may
be combined into Term Bonds, See "TERM BONDS OPTIONS" in the Official Notice of Sale for the Series 2026 Bonds.
Page 165 of 386
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
DerylLoar......................................................................................... ................ Chairman
LauraMoss......................................:............................................................. Vice Chairman
Susan Adams.................................................................................................. Commissioner
Joseph Earman .....................................................:..........................................Commissioner
Joseph E. Flescher.......................................................................................... Commissioner
COUNTY ADMINISTRATOR
John A. Titkanich, Jr., ICMA-CM
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
AND EX -OFFICIO CLERK OF THE BOARD OF COUNTY COMMISSIONERS
Ryan L. Butler
COUNTY ATTORNEY
Jennifer W. Shuler, Esq.
CHIEF DEPUTY COMPTROLLER
Elissa Nagy, CPA, CGFO
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
Kristin Daniels, CGFO
BOND AND DISCLOSURE COUNSEL
Nabors, Giblin & Nickerson, P.A.
Tampa, Florida
MUNICIPAL ADVISOR
Hilltop Securities Inc.
Orlando, Florida
Page 166 of 386
No dealer, broker, salesman or other person has been authorized by the County to
give any information or to make any representations other than those contained in this
Official Statement, and if given or made, such other information or representations must
not be relied upon as having been authorized by the County. This Official Statement
neither constitutes an offer to sell or the solicitation of an offer to buy, nor shall there be.
any sale of the Series 2026 Bonds by any person in any jurisdiction in which it is unlawful
for such person to make such offer, solicitation or sale. The information set forth herein
has been furnished by the County, The Depository Trust Company (as to itself and its book -
entry only system), and other sources which are believed to be reliable, but such
information is not guaranteed as to accuracy or completeness by, and is not to be construed
as a representation of, the County. The information and expressions of opinion herein are
subject to change without notice, and neither the delivery of this Official Statement nor any
sale made hereunder shall, under any circumstances, create the implication that there has
been no change in the affairs of the County since the date hereof.
THE SERIES 2026 BONDS HAVE NOT BEEN REGISTERED WITH THE
SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT
OF 1933, AS AMENDED, NOR HAS THE BOND RESOLUTION BEEN
QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED,
IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE
REGISTRATION OR QUALIFICATION OF THE SERIES 2026 BONDS IN
ACCORDANCE WITH APPLICABLE PROVISIONS OF THE SECURITIES
LAWS OF THE STATES, IF ANY, IN WHICH THE SERIES 2026 BONDS HAVE
BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM
REGISTRATION OR QUALIFICATION IN CERTAIN OTHER STATES
CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER
THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE
MERITS OF THE SERIES 2026 BONDS OR THE ACCURACY OR
COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY
REPRESENTATIONS TO THE CONTRARY MAY BE A CRIMINAL OFFENSE.
References herein to laws, rules, regulations, resolutions, agreements, reports and
other documents do not purport to be comprehensive or definitive. All references to such
documents are qualified in their entirety by reference to the particular document, the full
text of which may contain qualifications of and exceptions to statements made herein.
Where full texts have not been included as appendices to this Official Statement they may
be obtained from the County as provided in the final paragraph under "INTRODUCTION"
herein.
Any statements made in this Official Statement involving matters of opinion,
forecasts or estimates, whether or not so expressly stated, are set forth as such and not as
representations of fact, and no representation is made that any of the forecasts or estimates
will be realized. The information and expressions of opinion herein are subject to change
ii
Page 167 of 386
without notice, and neither the delivery of this Official Statement nor any sale made
hereunder shall, under any circumstances, create any implication that there has been no
change in the affairs of the County since the date hereof.
Certain statements included or incorporated by reference in this Official Statement
constitute "forward-looking statements." Such statements generally are identifiable by the
terminology used, such as "plan," "expect," "estimate," "anticipate," "intend," "project,"
"forecast," "budget" or other similar words. The achievement of certain results or other
expectations contained in such forward-looking statements involve known and unknown
risks, uncertainties and other factors that may cause actual results, performance or
achievements described to be materially different from any future results, performance or
achievements expressed or implied by such forward-looking statements. The County does
not plan to issue any updates or revisions to those forward-looking statements if or when
its expectations or events, conditions or circumstances on which such statements are based
occur.
THIS OFFICIAL STATEMENT IS BEING PROVIDED TO PROSPECTIVE
PURCHASERS IN EITHER BOUND OR IN PRINTED FORMAT ("ORIGINAL BOUND
FORMAT"), OR IN ELECTRONIC FORMAT ON THE FOLLOWING WEBSITE:
WWW.MUNIOS.COM. THIS OFFICIAL STATEMENT MAY BE RELIED ON ONLY IF IT
IS IN ITS ORIGINAL BOUND FORMAT, OR IF IT IS PRINTED OR SAVED IN FULL
DIRECTLY FROM SUCH WEBSITE OR WWW.EMMA.MSRB.ORG.
iii
Page 168 of 386
TABLE OF CONTENTS
Page
INTRODUCTION...............................................................................................................1
INDIANRIVER COUNTY................................................................................................
2
ESTIMATED SOURCES AND USES OF FUNDS...........................................................4
COMBINED DEBT SERVICE SCHEDULE..................................................................... 5
DESCRIPTION OF THE SERIES 2026 BONDS.............................................................. 6
General............................................................................................................................. 6
Book -Entry Only System................................................................................................. 6
Transfer of Series 2026 Bonds........................................................................................ 9
RedemptionProvisions..................................................................................................10
Selection of Series 2026 Bonds to be Redeemed..........................................................
11
Noticeof Redemption....................................................................................................
12
Redemption of Portions of Series 2026 Bonds..............................................................13
Payment of Redeemed Series 2026 Bonds....................................................................13
Purchase in Lieu of Optional Redemption....................................................................
13
SECURITY FOR THE SERIES 2026 BONDS................................................................14
General...........................................................................................................................14
Establishment of Funds and Accounts...........................................................................15
No Debt Service Reserve...............................................................................................
15
Investments in Funds and Accounts..............................................................................
15
AD VALOREM TAXATION...........................................................................................16
General...........................................................................................................................
16
Procedure for Property Assessment...............................................................................17
Settingthe Millage...........................:.............................................................................
18
Historical and Current Millages.....................................................................................
18
Procedures for Tax Collection and Distribution............................................................19
Assessed Value of Taxable Property .............................................................................
21
Ad Valorem Tax Levies and Collections......................................................................
22
PrincipalTaxpayers.......................................................................................................
22
Constitutional Amendments and Legislative Initiatives Affecting Ad Valorem Taxes
23
LIABILITIES OF THE COUNTY....................................................................................32
PensionPlans.................................................................................................................
32
Other Post -Employment Benefits...................................................................................
32
LITIGATION....................................................................................................................
32
LEGAL MATTERS..........................................................................................................
33
ENFORCEABILITY OF REMEDIES..............................................................................
34
MUNICIPAL ADVISOR..................................................................................................
34
TAXMATTERS...............................................................................................................
34
Opinion of Bond Counsel..............................................................................................
34
Internal Revenue Code of 1986.....................................................................................
35
Collateral Tax Consequences.........................................................................................
35
iv
Page 169 of 386
OtherTax Matters.......................................................................................................... 35
Original Issue Discount.................................................................................................. 36
Original Issue Premium................................................................................................. 37
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ................... 37
RATING............................................................................................................................ 38
UNDERWRITING............................................................................................................ 38
CONTINUING DISCLOSURE........................................................................................ 38
FINANCIAL STATEMENTS...........................................................................................39
INVESTMENT POLICY OF THE COUNTY.................................................................. 39
CONTINGENTFEES....................................................................................................... 40
MISCELLANEOUS.......................................................................................................... 40
AUTHORIZATION OF OFFICIAL STATEMENT........................................................41
Appendix A - General Information Regarding Indian River County
Appendix B - Annual Comprehensive Financial Report for the Fiscal Year ended
September 30, 2025
Appendix C - Form of Bond Resolution
Appendix D - Form of Approving Opinion of Bond Counsel
Appendix E - Form of Continuing Disclosure Certificate
v
Page 170 of 386
OFFICIAL STATEMENT
Relating to
$[PAR AMOUNT]*
INDIAN RIVER COUNTY, FLORIDA
GENERAL OBLIGATION BONDS,
SERIES 2026
INTRODUCTION
The purpose of this Official Statement, which includes the cover page, inside cover
page and the appendices, is to furnish information with respect to the issuance by Indian
River County, Florida (the "County") of $[PAR AMOUNT]* aggregate principal amount
of its General Obligation Bonds, Series 2026 (the "Series 2026 Bonds").
The Series 2026 Bonds are being issued by the County under the authority of Article
VII, Section 12 of the Constitution of the State of Florida, Chapter 125, Florida Statutes,
and other applicable provisions of law, and pursuant to Resolution No. 2023-004 adopted
by the Board of County Commissioners (the 'Board") of the County on January 31, 2023,
as supplemented, particularly as supplemented by Resolution No. 2026-[--] adopted by
the Board on [May 19], 2026 (collectively, the 'Bond Resolution").
The issuance of certain general obligation bonds in one or more series in a combined
aggregate principal amount of $50,000,000 was approved by the qualified electors of the
County at a bond referendum held on November 8, 2022 (the "Referendum") and validated
by a judgment of the Circuit Court of the Nineteenth Judicial Circuit of the State of Florida,
in and for the County, on April 27, 2023, the period for appeal of which has expired. The
Series 2026 Bonds are the second and final series of new money general obligation bonds
to be issued by the County pursuant to the authority of the Referendum. The County has
previously issued $22,795,000 of the indebtedness authorized in the Referendum (the
"Series 2024 Bonds"). Upon issuance of the Series 2026 Bonds, the County will have
issued the full $50,000,000 of new money general obligation bonds authorized by the
voters in the County in the Referendum; provided, however, the County may issue future
series of general obligation bonds for refunding purposes.
The Series 2026 Bonds are general obligation bonds of the County to which the full
faith, credit and taxing power of the County are irrevocably pledged in the manner and to
the extent described in the Bond Resolution. The Series 2026 Bonds are payable from ad
valorem taxes levied without limitation as to rate or amount on all taxable property within
* Preliminary, subject to change.
Page 171 of 386
the County, sufficient in amount to pay the principal of and interest on the Series 2026
Bonds. See "SECURITY FOR THE SERIES 2026 BONDS" herein.
The Series 2026 Bonds are being issued for the purposes of (1) financing costs of
the acquisition and preservation of certain environmentally sensitive lands, and the
construction of public access improvements with respect thereto, as described in the plans
and specifications on file with the County, and (2) paying certain costs and expenses
relating to the issuance of the Series 2026 Bonds.
The Series 2026 Bonds are subject to redemption prior to their stated maturities, as
more particularly described herein. See "DESCRIPTION OF THE SERIES 2026 BONDS
— Redemption Provisions" herein.
U.S. Bank Trust Company, National Association, Jacksonville, Florida, shall serve
as the initial Paying Agent and Registrar for the Series 2026 Bonds.
The County has covenanted to provide certain continuing disclosure information
pursuant to Rule 15c2-12 of the Securities and Exchange Commission relating to the Series
2026 Bonds. See "CONTINUING DISCLOSURE" herein.
Capitalized terms used but not defined herein have the same meanings as when used
in the Bond Resolution unless the context would clearly indicate otherwise. Complete
descriptions of the terms and conditions of the Series 2026 Bonds are set forth in the Bond
Resolution, the form of which is contained in Appendix C of this Official Statement. The
descriptions of the Series 2026 Bonds, the documents authorizing and securing the same,
and the information from various reports and statements contained herein are not
comprehensive or definitive. All references herein to such documents, reports and
statements are qualified by the entire, actual content of such documents, reports and
statements. Copies of such documents, reports and statements referred to herein that are
not included in their entirety in this Official Statement may be obtained from the County.
(10-11 ,,109 Wp -0I WQ[111��M
The Florida Legislature established Indian River County on June 29, 1925. The
County is located on the central Atlantic coast of Florida, approximately 100 miles
southeast of Orlando and 135 miles north of Miami. The County is bordered by Brevard
County to the north, St. Lucie County to the south, and Osceola and Okeechobee Counties
on the west. There are approximately 100 miles of waterfront land in the County, including
23 miles of Atlantic beaches.
The City of Vero Beach is the seat of County government. The County is a
noncharter county established under the Constitution and the Laws of the State of Florida.
A five member Board of County Commissioners, elected at large from five districts,
governs the County. The Board appoints a County Administrator who is responsible for
1')
Page 172 of 386
implementing the policies set forth by the Board. The County Administrator is charged
with the proper fiscal management of the resources of the County. In addition to the Board,
there are five elected Constitutional Officers serving specific governmental functions:
Clerk of the Circuit Court and Comptroller, Property Appraiser, Sheriff, Supervisor of
Elections, and Tax Collector. Although the majority of the funding for all Constitutional
Officers is part of the County's General Fund, the Board does not have direct responsibility
for their operations.
Indian River County provides a full range of services including, but not limited to:
construction and maintenance of roadways, sidewalks and other infrastructure, fire
rescue/emergency services, law enforcement, library services, traffic operations and
control, parks and recreational services, golf course, human services, building inspections,
licenses and permits, water/sewer utility services, and refuse collection and disposal.
The County is a political subdivision of the State, and is governed by the State
Constitution and the general laws of the State. See "Appendix A - General Information
Regarding Indian River County" attached hereto.
[Remainder of page intentionally left blank]
3
Page 173 of 386
ESTIMATED SOURCES AND USES OF FUNDS
The proceeds to be received from the sale of the Series 2026 Bonds are expected to
be applied as follows:
SOURCES OF FUNDS
Principal Amount
[Plus/Less] [Net] Original Issue [Premium/Discount]
Total Sources of Funds
$[PAR AMOUNT]
Z
USES OF FUNDS
Deposit to 2026 Project Account(') $
Costs of Issuance(2)
Total Uses of Funds
To be applied to finance and/or reimburse costs of the 2026 Project. See "PURPOSE OF
THE BONDS" herein.
(2) Includes underwriters' discount, legal, municipal advisory, professional, administrative and
other customary costs of issuance.
[Remainder of page intentionally left blank]
n
Page 174 of 386
COMBINED DEBT SERVICE SCHEDULE
The following table sets forth the annual debt service requirements with respect to
the Series 2026 Bonds and the outstanding Series 2024 Bonds:
Bond Year Ending
(July 1)
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
Principal
Annual Debt service
Interest on Series 2026 Bonds
Annual Debt Service
on Series 2024 Bonds
$1,778,350
1,780,350
1,780,350
1,778,350
1,779,350
1,778,100
1,779,600
1,778,600
1,780,100
1,778,850
1,779,850
1,777,850
1,777,850
1,779,600
1,777,850
1,782,600
1,779,200
1,778,400
Totals . $ $ $32,025,200
'Totals may not add due to rounding.
[Remainder of page intentionally left blank]
Combined Annual
Debt Service
Page 175 of 386
DESCRIPTION OF THE SERIES 2026 BONDS
General
The Series 2026 Bonds will be dated their date of delivery and will be issued in fully
registered form, without coupons, in denominations of $5,000 each or integral multiples
thereof, maturing on July 1 in the years and in the principal amounts set forth on the inside
cover page of this Official Statement. The Series 2026 Bonds will bear interest at the rates
set forth on the inside cover page of this Official Statement, computed on the basis of a
360 -day year, consisting of twelve 30 -day months. Interest on the Series 2026 Bonds will
be payable semi-annually on January 1 and July 1 of each year, commencing on [January
1, 2027]. U.S. Bank Trust Company, National Association, Jacksonville, Florida, is
serving as the initial Paying Agent and Registrar. Interest on any Series 2026 Bond will
be paid by check or draft of the Paying Agent or by electronic means to the registered
Holder of such Series 2026 Bond. Except as otherwise set forth under "- Book -Entry Only
System" below, principal of the Series 2026 Bonds shall be made upon presentation and
surrender of the Series 2026 Bonds at the corporate trust office of the Paying Agent. The
principal of and interest on the Series 2026 Bonds shall be payable in any coin or currency
of the United States of America which on the respective dates of payment thereof is legal
tender for the payment of public and private debts.
Book -Entry Only System
THE FOLLOWING INFORMATION IN THIS SECTION CONCERNING DTC
AND DTC'S BOOK -ENTRY ONLY SYSTEM HAS BEEN OBTAINED FROM DTC
AND OTHER SOURCES THAT THE COUNTY BELIEVES TO BE RELIABLE AND
THE COUNTY DOES NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY
THEREOF.
DTC will act as securities depository for the Series 2026 Bonds. The Series 2026
Bonds will be issued as fully -registered bonds registered in the name of Cede & Co. (DTC's
partnership nominee) or such other name as may be requested by an authorized
representative of DTC. One fully -registered bond certificate will be issued for each
maturity of the Series 2026 Bonds and will be deposited with DTC. SO LONG AS CEDE
& CO. IS THE REGISTERED OWNER OF THE SERIES 2026 BONDS, AS NOMINEE
OF DTC, CERTAIN REFERENCES IN THIS OFFICIAL STATEMENT TO THE
SERIES 2026 BONDHOLDERS OR REGISTERED OWNERS OF THE SERIES 2026
BONDS SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFICIAL
OWNERS OF THE SERIES 2026 BONDS. THE DESCRIPTION WHICH FOLLOWS
OF THE PROCEDURES AND RECORD KEEPING WITH RESPECT TO BENEFICIAL
OWNERSHIP INTERESTS IN THE SERIES 2026 BONDS, PAYMENT OF INTEREST
AND PRINCIPAL ON THE SERIES 2026 BONDS TO DIRECT PARTICIPANTS (AS
HEREINAFTER DEFINED) OR BENEFICIAL OWNERS OF THE SERIES 2026
BONDS, CONFIRMATION AND TRANSFER OF BENEFICIAL OWNERSHIP
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INTERESTS IN THE SERIES 2026 BONDS, AND OTHER RELATED
TRANSACTIONS BY AND BETWEEN DTC, THE DIRECT PARTICIPANTS AND
BENEFICIAL OWNERS OF THE SERIES 2026 BONDS IS BASED SOLELY ON
INFORMATION FURNISHED BY DTC. ACCORDINGLY, THE COUNTY NEITHER
MAKES NOR CAN MAKE ANY REPRESENTATIONS CONCERNING THESE
MATTERS.
DTC, the world's largest securities depository, is a limited -purpose trust company
organized under the New York Banking Law, a "banking organization" within the meaning
of the New York Banking Law, a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code, and a
"clearing agency" registered pursuant to the provisions of Section 17A of the Securities
Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues
of U.S. and non -U.S. equity issues, corporate and municipal debt issues, and money market
instruments (from over 100 countries) that DTC's participants (the "Direct Participants")
deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants
of sales and other securities transactions in deposited securities, through electronic
computerized book -entry transfers and pledges between Direct Participants' accounts. This
eliminates the need for physical movement of securities certificates. Direct Participants
include both U.S. and non -U.S. securities brokers and dealers, banks, trust companies,
clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary
of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding
company for DTC, National Securities Clearing Corporation and Fixed Income Clearing
Corporation, all of which are registered clearing agencies. DTCC is owned by the users of
its regulated subsidiaries. Access to the DTC system is also available to others such as
both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, and clearing
corporations that clear through or maintain a custodial relationship with a Direct
Participant, either directly or indirectly (the "Indirect Participants"). DTC has a Standard
and Poor's rating of AA+. The DTC rules applicable to its Participants are on file with the
Securities and Exchange Commission. More information about DTC can be found at
www.dtcc.com and www.dtc.org.
Purchases of the Series 2026 Bonds under the DTC system must be made by or
through Direct Participants, which will receive a credit for such Series 2026 Bonds on
DTC's records. The ownership interest of each actual purchaser of each Series 2026 Bond
(the "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants'
records. Beneficial Owners will not receive written confirmation from DTC of their
purchase. Beneficial Owners are, however, expected to receive written confirmations
providing details of the transaction, as well as periodic statements of their holdings, from
the Direct or Indirect Participant through which the Beneficial Owner entered into the
transaction. Transfers of ownership interests in the Series 2026 Bonds are to be
accomplished by entries made on the books of Direct and Indirect Participants acting on
behalf of the Beneficial Owners. Beneficial Owners will not receive certificates
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representing their ownership interests in the Series 2026 Bonds, except in the event that
use of the book -entry system for the Series 2026 Bonds is discontinued.
To facilitate subsequent transfers, all Series 2026 Bonds deposited by Direct
Participants with DTC are registered in the name of DTC's partnership nominee, Cede &
Co. or such other name as may be requested by an authorized representative of DTC. The
deposit of the Series 2026 Bonds with DTC and their registration in the name of Cede &
Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC
has no knowledge of the actual Beneficial Owners of the Series 2026 Bonds; DTC's records
reflect only the identity of the Direct Participants to whose accounts such Series 2026
Bonds are credited, which may or may not be the Beneficial Owners. The Direct and
Indirect Participants will remain responsible for keeping an account of their holdings on
behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants,
by Direct Participants to Indirect Participants, and by Direct Participants and Indirect
Participants to Beneficial Owners will be governed by arrangements made among them,
subject to any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to DTC. If less than all of the Series 2026 Bonds are
being redeemed, DTC's practice is to determine by lot the amount of the interest of each
Direct Participant in such Series 2026 Bonds, as the case may be, to be redeemed.
Beneficial Owners of the Series 2026 Bonds may wish to take certain steps to augment the
transmission to them of notices of significant events with respect to the Series 2026 Bonds,
such as redemptions, defaults, and proposed amendments to the Series 2026 documents.
For example, Beneficial Owners of the Series 2026 Bonds may wish to ascertain that the
nominee holding the Series 2026 Bonds for their benefit has agreed to obtain and transmit
notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide
their names and addresses to the Registrar and request that copies of notices be provided
directly to them.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote
with respect to the Series 2026 Bonds unless authorized by a Direct Participant in
accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an
Omnibus Proxy to the County as soon as possible after the record date. The Omnibus
Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to
whose accounts the Series 2026 Bonds are credited on the record date (identified in a listing
attached to the Omnibus Proxy).
Principal and interest payments on the Series 2026 Bonds will be made to Cede &
Co., or such other nominee as may be requested by an authorized representative of DTC.
DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and
corresponding detail information from the County or the Registrar on the payable date in
accordance with their respective holdings shown on DTC's records. Payments by
Participants to Beneficial Owners will be governed by standing instructions and customary
N.
Page 178 of 386
practices, as is the case with securities held for the accounts of customers in bearer form or
with securities registered in "street name," and will be the responsibility of such Participant
and not of DTC or the County, subject to any statutory and regulatory requirements as may
be in effect from time to time. Payment of principal and interest to Cede & Co. (or such
other nominee as may be requested by an authorized representative of DTC) is the
responsibility of the County. Disbursement of such payments to Direct Participants will
be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners
will be the responsibility of the Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to
the Series 2026 Bonds at any time by giving reasonable notice to the County. Under such
circumstances, in the event that a successor securities depository is not obtained, Series
2026 Bond certificates are required to be printed and delivered.
The County may decide to discontinue use of the book -entry transfers through DTC
(or a successor securities depository). In that event and upon compliance with applicable
DTC procedures, Series 2026 Bond certificates will be printed and delivered.
Transfer of Series 2026 Bonds
So long as the Series 2026 Bonds are registered in the name of DTC or its nominee,
the following paragraphs relating to transfer and exchange of beneficial ownership
interests in the Series 2026 Bonds will not apply to the Series 2026 Bonds, and the transfer
and registration of beneficial ownership interests in the Series 2026 Bonds will be
governed by the rules and procedures of DTC as generally described under
"DESCRIPTION OF THE SERIES 2026 BONDS - Book -Entry Only System, " above.
Series 2026 Bonds, upon surrender thereof at the office of the Registrar with a
written instrument of transfer satisfactory to the Registrar, duly executed by the Holder
thereof or such Holder's attorney duly authorized in writing, may, at the option of the
Holder thereof, be exchanged for an equal aggregate principal amount of registered Series
2026 Bonds of the same maturity of any other authorized denominations.
The Series 2026 Bonds issued under the Bond Resolution shall be and have all the
qualities and incidents of negotiable instruments under the law merchant and the Uniform
Commercial Code of the State of Florida, subject to the provisions for registration and
transfer contained in the Bond Resolution and in the Series 2026 Bonds. So long as any of
the Series 2026 Bonds shall remain outstanding, the County shall maintain and keep at the
office of the Registrar, books for the registration and transfer of the Series 2026 Bonds.
Each Series 2026 Bond shall be transferable only upon the books of the County, at
the office of the Registrar, under such reasonable regulations as the County may prescribe,
by the Holder thereof in person or by such Holder's attorney duly authorized in writing
upon surrender thereof together with a written instrument of transfer satisfactory to the
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Registrar duly executed and guaranteed by the Holder or such Holder's duly authorized
attorney. Upon the registration or transfer of any such Series 2026 Bond, the County shall
issue, and cause to be authenticated, in the name of the transferee a new Series 2026 Bond
or Series 2026 Bonds of the same aggregate principal amount and maturity as the
surrendered Series 2026 Bond. The County, the Registrar and any Paying Agent or
fiduciary of the County may deem and treat the Person in whose name any outstanding
Series 2026 Bond shall be registered upon the books of the County as the absolute owner
of such Series 2026 Bond, whether such Series 2026 Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the principal and interest on such Series
2026 Bond and for all other purposes, and all such payments so made to any such Holder
or upon such Holder's order shall be valid and effectual to satisfy and discharge the liability
upon such Series 2026 Bond to the extent of the sum or sums so paid and neither the County
nor the Registrar nor any Paying Agent or other fiduciary of the County shall be affected
by any notice to the contrary.
In all cases in which the privilege of exchanging Series 2026 Bonds or transferring
Series 2026 Bonds is registered, the County shall execute and the Registrar shall
authenticate and deliver such Series 2026 Bonds in accordance with the provisions of the
Bond Resolution. Execution of Series 2026 Bonds in the same manner as is provided in
the Bond Resolution for purposes of exchanging, replacing or transferring Series 2026
Bonds may occur at the time of the original delivery of the Series 2026 Bonds. All Series
2026 Bonds surrendered in any such exchanges or transfers shall be held by the Registrar
in safekeeping until directed by the County to be canceled by the Registrar. For every such
exchange or transfer of Series 2026 Bonds, the County or the Registrar may make a charge
sufficient to reimburse it for any tax, fee, expense or other governmental charge required
to be paid with respect to such exchange or transfer. The County and the Registrar shall
not be obligated to make any such exchange or transfer of Series 2026 Bonds during the
fifteen (15) days next preceding an Interest Date on the Series 2026 Bonds, or, in the case
of any proposed redemption of Series 2026 Bonds, then, for the Series 2026 Bonds subject
to redemption, during the fifteen (15) days next preceding the date of the first mailing of
notice of such redemption and continuing until such redemption date.
Redemption Provisions
Optional Redemption of Series 2026 Bonds. The Series 2026 Bonds maturing on or
before July 1, 2036 are not subject to optional redemption prior to maturity. The Series
2026 Bonds maturing on July 1, 2037 and thereafter are redeemable at the option of the
County from any legally available source, in whole or in part and if in part, in any order of
maturity selected by the County, at its discretion, and by lot within a maturity if less than
an entire maturity is to be redeemed, on July 1, 2036, or at any time thereafter, at a
redemption price equal to the principal amount of the Series 2026 Bonds to be redeemed,
together with accrued interest to the date fixed for redemption.
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Mandatory Redemption of Series 2026 Bonds. The Series 2026 Bonds maturing on
July 1, 20_ are subject to mandatory sinking fund redemption prior to maturity, by lot, in
such manner as the Registrar deems appropriate, at a Redemption Price equal to principal
amount of the Series 2026 Bonds to be redeemed, plus interest accrued thereon to the date
of redemption, commencing on July 1, 20_, and on each July 1 in the following years and
in the following Amortization Installments:
Amortization
Year Installment
"Final Maturity
Selection of Series 2026 Bonds to be Redeemed
The Series 2026 Bonds shall be redeemed only in the principal amount of $5,000
each and integral multiples thereof. The County shall, at least thirty-five (35) days prior to
the redemption date (unless a shorter time period shall be satisfactory to the Registrar, but
in no event less than twenty-five (25) days) notify the Registrar of such redemption date
and of the principal amount of Series 2026 Bonds to be redeemed. For purposes of any
redemption of less than all of the outstanding Series 2026 Bonds of a single maturity, the
particular Series 2026 Bonds or portions of Series 2026 Bonds to be redeemed shall be
selected not more than thirty-five (35) days and not less than twenty-five (25) days prior to
the redemption date by the Registrar from the Outstanding Series 2026 Bonds of the
maturity or maturities designated by the County or by such method as the Registrar shall
deem fair and appropriate and which may provide for the selection for redemption of Series
2026 Bonds or portions of Series 2026 Bonds in principal amounts of $5,000 and integral
multiples thereof. If less than all of a Term Bond is to be redeemed, the aggregate principal
amount to be redeemed shall be allocated to the Amortization Installments on a pro -rata
basis unless the Issuer, in its discretion, designates a different allocation.
Investors should note that while DTC is the registered owner of the Series 2026
Bonds, partial prepayments of the Series 2026 Bonds will be determined in accordance
with DTC's procedures. The County intends that prepayment allocations made by DTC,
the DTC Participants or such other intermediaries that may exist between the County and
the Beneficial Owners of the Series 2026 Bonds be made in accordance with the method of
selection of Series 2026 Bonds for a partial prepayment described above. However, the
selection of the Series 2026 Bonds for prepayment in DTC's book -entry only system is
subject to DTC's practices and procedures as in effect at the time of any such partial
prepayment. The County can provide no assurance that DTC or the DTC Participants or
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any other intermediaries will allocate prepayments among Beneficial Owners in
accordance with the method of selection of Series 2026 Bonds for a partial prepayment
described above.
Notice of Redemption
Notice of such redemption, which shall specify the Series 2026 Bond or Series 2026
Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be
given by the Registrar on behalf of the County, and (A) shall be filed with the Paying Agent
of such Series 2026 Bonds and (B) shall be mailed first class, postage prepaid, at least
twenty (20) days prior to the redemption date to all Holders of Series 2026 Bonds to be
redeemed at their addresses as they appear on the registration books kept by the Registrar
as of the date of mailing of such notice. Failure to mail notice to the Holders of the Series
2026 Bonds to be redeemed, or any defect therein, shall not affect the proceedings for
redemption of Series 2026 Bonds as to which no such failure or defect has occurred. Failure
of any Holder to receive any notice mailed as provided in the Bond Resolution shall not
affect the proceedings for redemption of such Holder's Series 2026 Bonds.
Each notice of redemption shall state: (1) the CUSIP numbers of all Series 2026
Bonds being redeemed, (2) the original issue date of such Series 2026 Bonds, (3) the
maturity date and rate of interest borne by each Series 2026 Bond being redeemed, (4) the
redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7)
if less than all Outstanding Bonds are to be redeemed, the certificate number (and in the
case of a partial redemption of any Series 2026 Bond, the principal amount) of each Series
2026 Bond to be redeemed, (8) that on such redemption date there shall become due and
payable upon each Series 2026 Bond to be redeemed the Redemption Price thereof, or the
Redemption Price of the specified portions of the principal thereof in the case of Series
2026 Bonds to be redeemed in part only, together with interest accrued thereon to the
redemption date, and that from and after such date interest thereon shall cease to accrue
and be payable, (9) that the Series 2026 Bonds to be redeemed, whether as a whole or in
part, are to be surrendered for payment of the Redemption Price at the designated office of
the Paying Agent at an address specified, (10) unless sufficient funds have been set aside
by the County for such purpose prior to the mailing of the notice of redemption, that such
redemption is conditioned upon the deposit of sufficient funds for such purpose on or prior
to the date set for redemption; and provided, further, that such notice and the redemption
set forth therein may be subject to the satisfaction of one or more additional conditions set
forth therein, and (12) any other conditions that must be satisfied prior to such redemption.
The County may provide that a redemption may be contingent upon the occurrence
of certain condition(s) and that if such condition(s) do not occur the notice of redemption
will be rescinded, provided notice of rescission shall be mailed in the manner described
above to all affected Series 2026 Bondholders as soon as practicable.
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So long as the Series 2026 Bonds are registered in the name of Cede & Co., as
nominee of DTC (or in the name of a successor securities depository), notices of
redemption shall only be given on behalf of the County to Cede & Co., or any successor
securities depository. See "DESCRIPTION OF THE SERIES 2026 BONDS - Book -Entry
Only System" herein.
Redemption of Portions of Series 2026 Bonds
Any Series 2026 Bond which is to be redeemed only in part shall be surrendered at
any place of payment specified in the notice of redemption (with due endorsement by, or
written instrument of transfer in form satisfactory to, the Registrar duly executed by, the
Holder thereof or such Holder's attorney duly authorized in writing) and the County shall
execute and the Registrar shall authenticate and deliver to the Holder of such Series 2026
Bond, without service charge, a new Series 2026 Bond or Series 2026 Bonds, of the same
interest rate, maturity and series, and of any authorized denomination as requested by such
Holder, in an aggregate principal amount equal to and in exchange for the unredeemed
portion of the principal of the Series 2026 Bonds so surrendered.
Payment of Redeemed Series 2026 Bonds
Notice of redemption having been given substantially as described above, the Series
2026 Bonds or portions of Series 2026 Bonds to be redeemed shall, on the redemption date,
become due and payable at the Redemption Price therein specified, and from and after such
date (unless the County shall default in the payment of the Redemption Price) such Series
2026 Bonds or portions of Series 2026 Bonds shall cease to bear interest. Upon surrender
of such Series 2026 Bonds for redemption in accordance with said notice, such Series 2026
Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption
Price, plus accrued interest. All Series 2026 Bonds which have been redeemed shall be
canceled by the Registrar and shall not be reissued.
Purchase in Lieu of Optional Redemption
Notwithstanding anything in this Resolution to the contrary, at any time the Series
2026 Bonds are subject to optional redemption pursuant to the Bond Resolution, all or a
portion of the Series 2026 Bonds to be redeemed as specified in the notice of redemption,
may be purchased by the Paying Agent, as trustee, at the direction of the County, on the
date which would be the redemption date if such Series 2026 Bonds were redeemed rather
than purchased in lieu thereof at a purchase price equal to the redemption price which
would have been applicable to such Series 2026 Bonds on the redemption date for the
account of and at the direction of the County who shall give the Paying Agent, as trustee,
notice at least ten days prior to the scheduled redemption date accompanied by an opinion
of Bond Counsel to the effect that such purchase will not adversely affect the exclusion
from gross income for federal income tax purposes of interest on such Series 2026 Bonds
or any other Outstanding Bonds. In the event the Paying Agent, as trustee, is so directed
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to purchase Series 2026 Bonds in lieu of optional redemption, no notice to the holders of
the Series 2026 Bonds to be so purchased (other than the notice of redemption otherwise
required under this Resolution) shall be required, and the Paying Agent, as trustee, shall be
authorized to apply to such purchase the funds which would have been used to pay the
redemption price for such Bonds if such Series 2026 Bonds had been redeemed rather than
purchased. Each Series 2026 Bond so purchased shall not be canceled or discharged and
shall be registered in the name of the County. Series 2026 Bonds to be purchased under
the Bond Resolution in the manner set forth above which are not delivered to the Paying
Agent, as trustee, on the purchase date shall be deemed to have been so purchased and not
optionally redeemed on the purchase date and shall cease to accrue interest as to the former
holder thereof on the purchase date.
SECURITY FOR THE SERIES 2026 BONDS
General
Pursuant to the Bond Resolution, the County has irrevocably pledged its full faith,
credit and taxing power for the full and prompt payment of the principal of and interest on
the Bonds. The Bond Resolution further provides that there shall be levied a direct annual
tax on all taxable property within the County to make such payments. Provision shall be
included and made in the County's annual budget and tax levy for the levy of the Ad
Valorem Taxes provided in the Bond Resolution. Whenever the County shall, in any Bond
Year, have irrevocably deposited in the Sinking Fund any monies derived from sources
other than Ad Valorem Taxes, said Ad Valorem Taxes may be correspondingly diminished;
but any such diminution must leave available an amount of such Ad Valorem Taxes, after
allowance for anticipated delinquencies in collection, fully sufficient, with such monies so
deposited from other sources, to assure the prompt payment of principal, interest, and other
related charges falling due prior to the time that the proceeds of the next annual Ad Valorem
Tax levy will be available. Such Ad Valorem Taxes shall be levied and collected at the
same time, and in the same manner, as other ad valorem taxes of the County are assessed,
levied and collected. The Ad Valorem Taxes shall be levied and collected in accordance
with all applicable law, including, but not limited to, the Referendum Resolution. The
payment of the principal of or Redemption Price, if applicable, and interest on the Bonds
shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged
Funds, and the County has, pursuant to the Bond Resolution irrevocably pledged such
Pledged Funds to the payment of the Bonds.
"Pledged Funds" is defined in the Bond Resolution as (1) the Ad Valorem Taxes,
and (2) until applied in accordance with the provisions of the Bond Resolution, all moneys,
including investments thereof, in the funds, accounts and subaccounts (other than the
Rebate Fund) established under the Bond Resolution.
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Establishment of Funds and Accounts
The monies raised by the County from the levy of Ad Valorem Taxes to pay debt
service on the Bonds shall be deposited by the County in the Sinking Fund promptly upon
receipt. The monies in the Sinking Fund shall be used solely for the payment of the
principal of and interest on the Bonds as the same become due and payable, and the
registered owners of said Bonds shall have a lien on all such monies in the Sinking Fund
until paid and applied in the manner provided in the Bond Resolution.
Monies in the Sinking Fund shall be disbursed for: (i) the payment of the interest on
the Bonds secured by the Bond Resolution as such interest falls due, (ii) the payment of
the principal of the Bonds secured by the Bond Resolution at their respective maturities,
(iii) the payment of the redemption of the Bonds secured by the Bond Resolution before
maturity at the price and under the conditions provided therefor, (iv) the purchase of the
Bonds in the open market and (v) the payment of necessary charges for paying the Bonds
and interest thereon. See "Appendix C — Form of Bond Resolution" herein.
Proceeds from the sale of the Series 2026 Bonds shall be deposited into the Project
Fund to be used to finance the costs of the 2026 Project and pay costs associated with the
issuance of the Series 2026 Bonds.
The moneys required to be accounted for in each of the foregoing funds and
accounts established in the Bond Resolution may be deposited in a single account, and
funds allocated to the various funds and accounts established in the Bond Resolution may
be invested in a common investment pool, provided that adequate accounting records are
maintained to reflect and control the restricted allocation of the moneys on deposit in the
Bond Resolution and such investments for the various purposes of such funds and accounts
as provided in the Bond Resolution.
The designation and establishment of the various funds and accounts in and by the
Bond Resolution shall not be construed to require the establishment of any completely
independent, self -balancing funds as such term is commonly defined and used in
governmental accounting, but rather is intended solely to constitute an earmarking of
certain revenues for certain purposes and to establish certain priorities for application of
such revenues as provided in the Bond Resolution.
No Debt Service Reserve
The County has not created any debt service reserve fund or account to secure the
repayment of the Series 2026 Bonds.
Investments in Funds and Accounts
The Bond Resolution provides that moneys on deposit in the Sinking Fund and the
Project Fund, may be invested and reinvested in investments permitted by Florida law and
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the County's internal investment policy (See "INVESTMENT POLICY OF THE
COUNTY" herein) maturing not later than the date on which the moneys therein will be
needed for the purposes of such fund or account. Any and all income received by the
County from the investment of moneys in such funds and accounts shall be retained in such
respective funds and accounts.
AD VALOREM TAXATION
General
Under Florida law, ad valorem property taxes may be levied only by counties,
school districts, municipalities and certain special districts. No ad valorem taxes may be
levied by the State upon real estate or tangible personal property. The assessment of all
properties and the collection of all county, municipal and other local government property
taxes are consolidated in the office of each County Property Appraiser and County Tax
Collector. The laws of the State of Florida regulating tax assessment are designed to assure
a consistent property valuation method statewide.
The Florida Constitution limits the aggregate rate of ad valorem taxes that may be
levied on real and personal property. The limitation, except as noted below, is ten (10)
mills each for all county and municipal purposes. A mill is equal to one-tenth (0.1) of one
cent of one dollar or $1.00 for every $1,000 of assessed value. The Florida Constitution
excludes from the general 10 mill cap ad valorem taxes which are necessary to pay debt
service on voter approved general obligation bonds, such as the ad valorem taxes that
secure the Series 2026 Bonds and other voter approved levies.
Each respective millage rate, except as limited by law, is set on the basis of estimates
of revenue needs and total taxable property valuations within the taxing authority's
respective jurisdiction. Ad valorem taxes are not levied in excess of actual budget
requirements. In setting millage rates, the county is required by Section 200.065, Florida
Statutes, to assume no less than a 95% tax collection rate.
The following uses of real property are generally exempt from ad valorem taxation:
religious, educational, charitable, scientific, literary and governmental. In addition, there
are a variety of special exemptions, including but not limited to, for widows, hospitals,
homesteads, working waterfronts and homes for the aged and disabled veterans and first
responders. The general "homestead exemption" exempts from taxation the first $25,000
of the assessed valuation of a residence occupied by the owner on a permanent basis, as of
January 1 of the year of valuation. Agricultural land, noncommercial recreational land,
inventory and livestock are assessed at less than 100 percent of fair market value. See also
"AD VALOREM TAXATION - Constitutional Amendments and Legislative Initiatives
Affecting Ad Valorem Taxes" herein.
16
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Procedure for Property Assessment
Real and personal property valuation is determined as of January 1 by each County
Property Appraiser. Except as noted below under "AD VALOREM TAXATION -
Constitutional Amendments and Legislative Initiatives Affecting Ad Valorem Taxes," all
taxable real and tangible personal property must be assessed at 100% of fair market value.
The Property Appraiser of Indian River County (the "Property Appraiser")
determines property valuation on real and tangible personal property as of January 1 of
each year. The Property Appraiser determines the valuation of all real and personal
property by July 1 of each year and notifies the County, each municipality within the
County, the Indian River County School District (the "School District") and each other
legally constituted special taxing district as to its just valuation, notes the legal adjustments
and exemptions and the taxable valuation. The taxable valuation is then used by each
taxing body to calculate its ad valorem millage for the budget year. Each taxing body must
advertise its budget, stating the proposed millage and hold public hearings on such budgets.
Final budgets are determined by each taxing body and the millage is certified to the
Property Appraiser by October 1.
Concurrently, the Property Appraiser notifies each property owner of the proposed
valuation and the proposed millage on such property. If the individual property owner
believes that his or her property has not been appraised at fair market value, the owner may
file a petition with the Indian River County Value Adjustment Board (the "Adjustment
Board"). Taxpayers appealing the assessed value or assigned classification of their
property must make a required partial payment of taxes (generally equal to 75% of the ad
valorem taxes due, less the applicable statutory discount, if any) with respect to properties
that will have a petition pending on or after the delinquency date (normally, the following
April 1). A taxpayer's failure to make the required partial payment before the delinquency
date will result in the denial of the taxpayer's petition. The Adjustment Board appoints
independent special magistrates (real estate appraisers and/or attorneys) who hold public
hearings on such petitions and determine whether adjustments to the valuations made by
the Property Appraiser should be made, if such valuations were found not to be fair and at
market value. The Adjustment Board must complete all required hearings and certify its
decision with regard to all petitions and certify to the Property Appraiser the valuation to
be used by June 1 following the tax year in which the assessments were made. These
changes are then made to the final tax roll. The June 1 requirement shall be extended until
December 1 in each year in which the number of petitions filed with the Adjustment Board
increased by more than 10% over the previous year. The decision of the Adjustment Board
may be appealed to the Circuit Court.
The Property Appraiser applies the final certified millage of each taxing body to the
assessed valuation on each item of real and tangible personal property and prepares the
final tax roll which is certified to the Indian River County Tax Collector (the "Tax
Collector") by October 1. This permits the printing of tax bills for delivery on November 1
17
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of each year. The tax bills contain all of the overlapping and underlying millages set by
the various taxing bodies so that all ad valorem taxes are collected by the Tax Collector
and distributed to the various taxing bodies. See "AD VALOREM TAXATION - Assessed
Value of Taxable Property" below for a historical table of assessed valuations.
Setting the Millage
The Property Appraiser assesses and the Tax Collector collects all ad valorem taxes
within the County. While one tax bill emanates from the Tax Collector, the bill represents
ad valorem taxes levied by the County, the School District, municipalities and other taxing
authorities. The Florida Constitution limits the non -voted millage rate that counties may
levy on an annual basis for county purposes to 10 mills ($10 per $1,000 of taxable real and
personal property value). The millage limitation does not apply to taxes approved at
referendum by qualified electors in the county for general obligation bonds (such as the
Series 2026 Bonds) and for certain other voter approved levies.
Each respective millage rate, except as limited by law, is set on the basis of estimates
of revenue needs and the total taxable property values within the taxing authority's
respective jurisdiction. Revenues derived from ad valorem property taxes are budgeted, as
required by Florida law, on the application of millage levies equal to 95% of the non-
exempt assessed valuation of property in the county. Ad valorem taxes are not levied in
excess of actual budget requirements.
Historical and Current Millages
The following table contains the tax millage rates of the County and other taxing
authorities within the County for the Fiscal Years 2022-2026:
Indian River County, Florida
Property Tax Millage Rates for Direct and Overlapping Governments (Unaudited)
Fiscal Years 2022-2026
fEi
Page 188 of 386
Fiscal Year
2022
2023
2024
2025
2026
County direct rates
General fund
3.5475
3.5475
3.5475
3.5475
3.5475
Municipal service
1.1506
1.1506
1.1506
1.1506
1.1506
Total direct rate(1)
4.6981
4.6981
4.6981
4.6981
4.6981
County -wide district school board rate
6.2680
5.9850
5.9110
5.7530
5.7530
Other County -wide rates
Emergency Services District
2.3531
2.3531
2.3531
2.3531
2.3531
Land acquisition bond
-
-
-
0.0639
0.0610
Total other County -wide rates
2.3531
2.3531
2.3531
2.4170
2.4141
fEi
Page 188 of 386
Total County -wide rate (2)
City rates
Fellsmere
Indian River Shores
Sebastian
Orchid
Vero Beach
Average of cities rates
Other special district rates
13.3192
13.0362
12.9622
12.8681
12.8652
5.3226
5.2210
5.5150
5.0000
5.3500
1.3349
1.3349
1.3349
1.3349
1.2810
3.0043
2.9050
3.1955
3.1955
3.4455
1.4000
1.1000
1.0000
0.7000
0.7000
2.5000
2.6964
2.7680
2.7680
2.9816
2.7124
2.6515
2.7627
2.5997
2.7516
1.2933
1.0677
1.0657
1.3759
1.3393
Per Section 200.071, Florida Statutes, no ad valorem tax millage shall be levied against real property
and tangible personal property by counties in excess of 10 mills, except for voted levies.
c2� Total County -wide rate is borne by all property owners within the County boundaries.
Sources: Indian River County Property Appraiser, www.ircpa.org; In'an River County, Florida Annual
Comprehensive Financial Report for the Fiscal Year ended Teptember 30, 2025; Indian River
County, Florida Adopted Budget for the Fiscal Year 2025-202&
Procedures for Tax Collection and Distribution
All real and tangible personal property taxes are due and payable on November 1 of
each year, or as soon thereafter as the tax roll is certified and delivered to the Tax Collector.
The Tax Collector mails a notice to each property owner on the tax roll for the taxes levied
by the County, the School District, municipalities within the County and other taxing
authorities. Taxes may be paid upon receipt of such notice, with discounts at the rate of
4% if paid in the month of November; 3% if paid in the month of December; 2% if paid in
the month of January and I% if paid in the month of February. Taxes paid in the month of
March are without discount. All unpaid taxes on real and personal property become
delinquent on April l of the year following the year in which taxes were levied. Delinquent
real property taxes bear interest at the rate of 18% per year from April 1 until a tax
certificate is sold at auction, from which time the interest rate shall be as bid by the buyer
of the tax certificate. Delinquent tangible personal property taxes also bear interest at the
rate of 18% per year from April 1 until paid. Delinquent personal property taxes must be
advertised within 45 days after delinquency, and after May 1, the property is subject to.
warrant, levy, seizure and sale.
On or before June 1 or the 60th day after the date of delinquency, whichever is later,
the Tax Collector must advertise once each week for three weeks and must sell tax
certificates on all real property with delinquent taxes. The tax certificates are sold to those
bidding the lowest interest rate to be borne by the certificates. Such certificates include the
amount of delinquent taxes, the penalty interest accrued thereon and the cost of advertising.
Delinquent tax certificates not sold at auction become the property of the County. Florida
19
Page 189 of 386
law provides that real property tax liens are superior to all other liens, except prior Internal
Revenue Service liens.
To redeem a tax certificate, the owner of the property must pay all delinquent taxes,
the interest that accrued prior to the date of the sale of the tax certificate, charges incurred
in connection with the sale of the tax certificate, omitted taxes, if any, and interest at the
rate shown on the tax certificate (or interest at the rate of 5%, whichever is higher) from
the date of the sale of the tax certificate to the date of redemption. If such tax certificates
or liens are not redeemed by the property owner within two years, the holder of the tax
certificates can cause the property to be sold to pay off the outstanding certificates and the
interest thereon. Provisions are also made for the collection of delinquent tangible personal
property taxes, but in a different manner which includes the possible seizure of the tangible
personal property.
Florida law requires the Tax Collector to distribute the taxes collected to each
governmental unit levying the tax. Such distribution is to be made four times during the
first two months after the tax roll comes into its possession, and once per month thereafter.
[Remainder of page intentionally left blank]
20
Page 190 of 386
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Ad Valorem Tax Levies and Collections
The following table sets forth the amounts billed and the percent collected for ad
valorem property taxes levied by the County for the last ten Fiscal Years:
Indian River County, Florida
Property Tax Levies and Collections (Unaudited)
Last Ten Fiscal Years
Source: Indian River County, Florida Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2025
Principal Taxpayers
The following table sets forth the principal property taxpayers in Indian River
County, Florida for Fiscal Year 2025 (relating to taxes levied in tax/calendar year 2024):
[Remainder of page intentionally left blank]
22
Page 192 of 386
% of Current
% of Total Tax
Total Tax
Current Tax
Tax Collections
Delinquent Tax
Total Tax
Collections to
Year
Levy
Collections
to Tax Levy
Collections
Collections
Tax Levy
2016
$87,611,062
$84,648,230
96.62%
$60,147
$84,708,377
96.69%
2017
93,167,061
90,100,287
96.71
78,624
90,178,911
96.79
2018
102,322,230
98,568,670
96.33
40,811
98,609,481
96.37
2019
108,994,936
105,148,685
96.47
26,255
105,174,940
96.50
2020
118,478,616
114,292,023
96.47
108,270
114,400,293
96.56
2021
119,796,353
115,517,250
96.43
67,544
115,584,794
96.48
2022
126,027,404
121,551,348
96.45
82,076
121,633,424
96.51
2023
143,132,352
137,866,142
96.32
80,377
137,946,519
96.38
2024
162,600,962
157,033,602
96.58
71,836
157,105,438
96.62
2025
181,187,502
174,416,303
96.26
52,102
174,468,405
96.29
Source: Indian River County, Florida Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2025
Principal Taxpayers
The following table sets forth the principal property taxpayers in Indian River
County, Florida for Fiscal Year 2025 (relating to taxes levied in tax/calendar year 2024):
[Remainder of page intentionally left blank]
22
Page 192 of 386
Indian River County, Florida
Principal Property Taxpayers (Unaudited)
Taxpayer
Florida Power & Light
Disney Vacation Dev. Inc.
Ocean Trail LLC
John's Island Club, Inc.
MPT of Sebastian -Steward, LLC
Welltower TCG Ridea Landlord, LLC
Adult Community Total Services, Inc.
1920 South Highway AIA LLC
Florida East Coast Railway
EPC Guardian, LLC
Total Principal Property Taxpayers Real Property
Assessed Valuation
Total County Taxable Valuation
Fiscal Year 2025
Taxes Levied
% of Total
in thousands
Rank
Taxes Levied
$ 670,758,606
1
2.29%
76,245,372
2
0.26
36,134,960
3
0.12
35,446,065
4
0.12
33,988,624
5
0.12
33,110,734
6
0.11
33,092,306
7
0.11
27,246,743
8
0.09
26,712,882
9
0.09
25,507,924
10
0.09
$ 998,244,216
3.40%
$29,285,468,693
Sources: Indian River County Property Appraiser, www.ircpa.org Indian River County, Florida Annual
Comprehensive Financial Report for the Fiscal Year ended September 30, 2025.
Constitutional Amendments and Legislative Initiatives Affecting Ad Valorem Taxes
Several amendments to the Florida Constitution and Florida legislative initiatives
affecting ad valorem taxes have been approved by voters in the past including, but not
limited to, the following.
Save Our Homes Amendment. By voter referendum held on November 2, 1992,
Article VII, Section 4 of the Florida Constitution was amended by adding thereto a
subsection which, in effect, limits the increases in assessed just value of homestead
property to the lesser of (1) three percent of the assessment for the prior year or (2) the
percentage change in the Consumer Price Index for all urban consumers, U.S. City
Average, all items 1967=100, or successor reports for the preceding calendar year as
initially reported by the United States Department of Labor, Bureau of Labor Statistics.
Further, the amendment provides that (a) no assessment shall exceed just value, (b) after
any change of ownership of homestead property or upon termination of homestead status
such property shall be reassessed at just value as of January 1 of the year following the year
of sale or change of status, (c) new homestead property shall be assessed at just value as of
January 1 of the year following the establishment of the homestead, and (d) changes,
additions, reductions or improvements to homestead shall initially be assessed as provided
for by general law, and thereafter as provided in the amendment. The amendment is known
as the "Save Our Homes" amendment. The effective date of the amendment was January 5,
1993 and, pursuant to a ruling by the Supreme Court of the State of Florida, it began to
23
Page 193 of 386
affect homestead property valuations commencing January 1, 1995 with 1994 assessed
values being the base year for determining compliance.
Constitutional amendments related to ad valorem exemptions. On January 29,
2008, in a special election held in conjunction with Florida's presidential primary, the
requisite number of voters approved amendments to the State Constitution exempting
certain portions of a property's assessed value from taxation. The amendments were
effective beginning with the 2008 tax year. The following is a brief summary of certain
important provisions contained in such amendments:
• Provides for an additional exemption for the assessed value of homestead
property between $50,000 and $75,000, thus doubling the existing general homestead
exemption for property with an assessed value equal to or greater than $75,000. See "AD
VALOREM TAXATION - General" herein for a description of the general $25,000
homestead exemption.
• Permits owners of homestead property to transfer their Save Our Homes
benefit (up to $500,000) to a new homestead property purchased within two years of the
sale of their previous homestead property to which such benefit applied if the just value of
the new homestead is greater than or is equal to the just value of the prior homestead. If
the just value of the new homestead is less than the just value of the prior homestead, then
owners of homestead property may transfer a proportional amount of their Save Our Homes
benefit, such proportional amount equaling the just value of the new homestead divided by
the just value of the prior homestead multiplied by the assessed value of the prior
homestead. As discussed above, the Save Our Homes amendment generally limits annual
increases in ad valorem tax assessments for those properties with homestead exemptions
to the lesser of 3% or the annual rate of inflation.
• Exempts from ad valorem taxation $25,000 of the assessed value of property
subject to tangible personal property tax.
• Limits increases in the assessed value of non -homestead property to 10% per
year, subject to certain adjustments. The cap on increases is in effect for a 10 -year period,
subject to extension by an affirmative vote of electors. See "- Extending the Limitation on
Assessed Values of Non -Homesteaded Real Property" below for information concerning
another approved constitutional amendment to extend the 10% cap on increases of non -
homesteaded properties.
Homestead Exemption Increase for Low -Income Seniors and Disabled Veterans. In
the November 7, 2006 general election, the voters of Florida approved amendments to the
State Constitution, which provide for an increase in the homestead (ad valorem tax)
exemption to $50,000 from $25,000 for certain low-income seniors effective January 1,
2007 and provide a discount from the amount of ad valorem taxes for certain permanently
disabled veterans effective December 7, 2006, respectively.
24
Page 194 of 386
Homestead Portability Amendment. During the 2020 State legislative session, a
constitutional amendment was proposed by the State legislature which would extend the
period for a homestead property owner to transfer a prior Save Our Homes benefit to a new
homestead from two years to three years (the "Portability Amendment"). Specifically, the
Portability Amendment allows a homeowner who establishes a new homestead as of
January 1 to have the new homestead assessed at less than just value if the homeowner
received a prior homestead exemption as of January 1 of any of the immediately preceding
three years. The Portability Amendment was approved by voters on November 3, 2020
and such amendment took effect on January 1, 2021.
Exemptions for Certain Property Uses. In the November 4, 2008 general election,
the voters of the State approved amendments to the State Constitution providing the Florida
Legislature with authority to enact exemptions or special assessment protections for certain
types of property subject to ad valorem taxation, including exemptions for conservation
lands and residential wind damage resistance and renewable energy source improvements,
and restrictions on the assessment of working waterfront properties. Thereafter, legislation
was enacted which creates an exemption for land used exclusively for conservation
purposes. Such exemption applies to property tax assessments made on or after January 1,
2011.
Exemption for Deployed Military Personnel. In the November 2010 general
election, voters approved a constitutional amendment which provides an additional
homestead exemption for deployed military personnel. The exemption equals the
percentage of days during the prior calendar year that the military homeowner was
deployed outside of the United States in support of military operations designated by the
legislature. This constitutional amendment took effect on January 1, 2011.
Exemption for Disabled Veterans. In the November 2012 General Election, voters
approved a constitutional amendment which allows totally or partially disabled veterans
who were not Florida residents at the time of entering military service to qualify for the
combat -related disabled veteran's ad valorem tax discount on homestead property. The
amendment became effective on January 1, 2013.
Exemption for Surviving Spouse of Veterans and First Responders. In the
November 2012 General Election, voters approved a constitutional amendment which
allows the State Legislature to provide ad valorem tax relief to the surviving spouse of a
veteran who died from service -connected causes while on active duty as a member of the
United States Armed Forces and to the surviving spouse of a first responder who died in
the line of duty. The amount of tax relief, to be defined by general law, can equal the total
amount or a portion of the ad valorem tax otherwise owed on the homestead property. The
amendment became effective on January 1, 2013. During the 2020 State legislative
session, a constitution amendment was proposed by the State legislature which would
extend the discount on ad valorem taxes provided to certain honorably discharged veterans
to their surviving spouses (the "Surviving Spouse Exemption"). Specifically, the Surviving
25
Page 195 of 386
Spouse Exemption allows the same ad valorem tax discount on a homestead property for
combat disabled veterans age 65 or older to transfer to the surviving spouse of a veteran
receiving the discount if the surviving spouse holds the legal or beneficial title to the
homestead, permanently resides thereon, and does not remarry. The amendment was
approved by voters on November 3, 2020 and such amendment took effect on January 1,
2021.
Exemption for Low Income Seniors. In the November 2012 General Election, voters
approved a constitutional amendment which allows the State Legislature by general law to
permit counties and municipalities, by ordinance, to grant an additional homestead tax
exemption equal to the assessed value of homestead property to certain low income seniors.
To be eligible for the additional homestead exemption, the county or municipality must
have granted the exemption by ordinance, the property must have a just value of less than
$250,000, the owner must have title to the property and maintained his or her permanent
residence thereon for at least 25 years, the owner must be age 65 years or older and the
owner's annual household income must be less than $27,300. The County has granted this
additional exemption. The additional homestead tax exemption authorized by HJR 169
does not apply to school property taxes.
In the November 2016 General Election, voters approved a constitutional
amendment changing the existing homestead tax exemption for low-income seniors so that
the value of property owned by eligible senior citizens with a household income of $20,000
or less could be assessed when they first apply for the exemption. The measure was
designed to ensure eligible seniors' ability to be able to keep their tax exemption even if
their home value exceeded $250,000 in the future. The amendment took effect on
January 1, 2017 but is retroactive to January 1, 2013, meaning a senior who qualified for
the exemption in 2013, but lost it, would regain the exemption.
Various Changes to Ad Valorem Assessment, Exemptions and Definitions. During
its 2013 Regular Session, the Florida Legislature passed Senate Bill 1830 ("SB 1830"),
which was signed into law by the Governor and creates a number of changes affecting ad
valorem taxation which became effective as of July 1, 2013. First, SB 1830 provides long-
term lessees the ability to retain their homestead exemption and related assessment
limitations and exemptions in certain instances and extends the time for property owners
to appeal value Adjustment Board decisions on transfers of assessment limitations to
conform with general court filing time frames. Second, SB 1830 inserts the term
"algaculture" in the definition of "agricultural purpose" and inserts the term "aquacultural
crops" in the provision specifying the valuation of certain annual agricultural crops,
nonbearing fruit trees and nursery stock. Third, SB 1830 allows for an automatic renewal
for assessment reductions related to certain additions to homestead properties used
as living quarters for a parent or grandparent and aligns related appeal and penalty
provisions to those for other homestead exemptions. Fourth, SB 1830 deletes a statutory
requirement that the owner of Florida real property permanently reside upon such property
26
Page 196 of 386
in order to qualify for a homestead exemption. This change conforms the statute at issue
with the Florida Constitution by allowing non-resident owners of property to claim a
homestead exemption if a person legally or naturally dependent upon the owner
permanently resides on such property. Fifth, SB 1830 clarifies a drafting error regarding
the property tax exemptions counties and cities may provide for certain low-income
persons age 65 and older. Sixth, SB 1830 removes a residency requirement that a senior
disabled veteran must have been a Florida resident at the time they entered the service to
qualify for certain property tax exemptions. Seventh, SB 1830 repeals the ability for
limited liability partnerships with a general partner that is a charitable 501(c)(3)
organization to qualify for the affordable housing property tax exemption. Finally, SB
1830 exempts from property taxes property used exclusively for educational purposes
when the entities that own the property and the educational facility are the same natural
persons.
Assessment of Renewable Energy Devices Upon Residential Property. Also during
the Florida Legislature's 2013 Regular Session, the Florida Legislature passed House
Bill 277 ("HB 277"), which provides that certain renewable energy devices are exempt
from being considered when calculating the assessed value of residential property. HB 277
only applies to devices installed on or after January 1, 2013. HB 277 took effect on July 1,
2013.
Reclassification of Agricultural Lands. Also during the Florida Legislature's 2013
Regular Session, the Florida Legislature passed House Bill 1193 ("HB 1193"), which
eliminated three ways in which the Property Appraiser had authority to reclassify
agricultural land as non-agricultural land. Additionally, HB 1193 relieves the value
Adjustment Board of the authority to review the Property Appraisers' classifications of land
upon its own motion. HB 1193 applies retroactively as of January 1, 2013.
Exemption and Assessment of Renewable Energy Devices Upon all Real Property.
In the August 2016 primary election, the voters in the State approved a constitutional
amendment exempting the assessed value of certain renewable energy devices from the ad
valorem tax on tangible personal property and prohibiting certain renewable energy devices
from being considered when calculating the assessed value of all real property, not just real
property used for residential purposes as provided for in HB 277 described above. This
constitutional amendment took effect on January 1, 2018 and expires on December 31,
2037.
Exemption for Disabled First Responders. In the November 2016 General Election,
voters approved a constitutional amendment authorizing first responders who are totally
and permanently disabled as a result of injuries sustained in the line of duty to receive ad
valorem tax relief on the homestead property. The amount of tax relief, to be defined by
general law, can equal the total amount or a portion of the ad valorem tax otherwise owed
on the homestead property. Florida defines first responders as law enforcement officers,
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Page 197 of 386
correctional officers, firefighters, emergency medical technicians and paramedics. This
amendment took effect on January 1, 2017.
Extending the Limitation on Assessed Values of Non -Homesteaded Real Property.
In the November 2018 General Election, voters approved a constitutional amendment
removing the scheduled January 1, 2022 repeal of the limitation prohibiting the increase in
the assessed value of non -homestead property to 10% per year. The limitation does not
apply to property taxes levied by school districts. This amendment took effect on January
1, 2019.
Exempting Assessed Value of a Renewable Energy Device. During the Florida
Legislature's 2017 Regular Session, the Florida Legislature passed SB 90 ("SB 90")
implementing Amendment 4, which was approved by the voters in August 2016. SB 90
exempts the assessed value of a renewable energy device from tangible personal property
tax and the installation of those devices from determining the assessed value of real
property, both residential and non-residential, for the purpose of ad valorem taxation.
SB 90 also revises the definition of "renewable energy source device" to include power
conditioning and storage devices, wiring, structural support and other components used as
integral parts of such systems. The changes made by SB 90 expire on December 31, 2037.
Future Amendments Relating to Ad Valorem Taxation. Historically, various
legislative proposals and constitutional amendments relating to ad valorem taxation have
been introduced in each session of the State legislature. Many of these proposals have
provided for new or increased exemptions to ad valorem taxation and limited increases in
assessed valuation of certain types of property or otherwise restricted the ability of local
governments in the State to levy ad valorem taxes at current levels. There can be no
assurance that similar or additional legislative or other proposals will not be introduced or
enacted in the future that would have a material adverse effect upon the collection of ad
valorem taxes by the County, the County's finances in general or the County's ad valorem
taxing power.
[Property Tax Reform. On April 29, 2025, the Speaker of the Florida House of
Representatives announced the creation of the Select Committee on Property Taxes (the
"Select Committee") to consider various property tax reforms in the State. On May 2, 2025,
the Select Committee convened for its first meeting to discuss several proposals regarding
providing property tax relief. The Select Committee has held subsequent meetings since
May 2025. Certain recommendations from the Select Committee were filed for
consideration during the 2026 regular session and, if enacted, would be placed on the
November 2026 general election ballot.
The Florida Legislature convened its 2026 regular session on January 13, 2026. The
regular session ended on March 13, 2026 without the passage of significant legislation to
address property tax reform. As such, it is expected that the Governor of the State will call
a special session of the legislature to address property tax reform. Several proposed bills
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relating to property tax reform were filed in both the House and the Senate for consideration
during the 2026 regular session. These bills varied greatly in their approach in addressing
property tax reform, but all aimed to reduce the property tax burden for Florida property
owners, particularly residential homestead property owners. Some sought to exempt
homestead property from all property tax levies other than school district levies. Some
provided this relief to certain of the senior population. Others, increased homestead
property tax exemptions or added additional homestead exemptions for certain properties
and would have applied to all property tax levies, including school district levies. Some
increased or otherwise modified the homestead exemption portability benefit. Certain
proposals revised the property assessment process, limiting the allowable increases in
property assessments and/or how frequently property can be assessed. Bills were also filed
that would affect the ability of local governments to increase ad valorem tax millages.
Additional bills may be filed in anticipation of a special session and some of the previously
filed bills may be amended or refiled for the expected special session.
If any property tax reform bill is passed by the State legislature and approved by the
Governor, it would then be subject to a state-wide referendum requiring at least 60% of the
voters approving such measure to become law. There can be no assurance that any of the
bills filed or amended during the regular session and refiled for the special session, or bills
that are subsequently filed, will be approved by the House and Senate, or will be approved
by the Governor or will be approved by 60 percent of voters of the State.
The County cannot predict what legislation may be introduced and possibly enacted
into law during the expected special session or in any future legislative session that could
have a materially adverse effect on the ad valorem tax revenues of the County. However,
the County does not expect any such proposals to impair its ability to pay the Series 2026
Bonds or the other Outstanding Bonds, all of which have been approved by referendum
and are secured by the Ad Valorem Taxes as provided in the Bond Resolution. See
"SECURITY FOR THE SERIES 2026 BONDS" herein.)
CERTAIN INVESTMENT CONSIDERATIONS
The purchase of the Series 2026 Bonds involves a degree of risk, as is the case with
all investments. Factors that could affect the market price of the Series 2026 Bonds or the
County's ability to perform its obligations under the Bond Resolution, including the timely
payment of principal of and interest on the Series 2026 Bonds, include, but are not limited
to, the following:
1. There is no assurance that any rating assigned to the Series 2026 Bonds by
the rating agencies will continue for any given period of time or that it will not be lowered
or withdrawn entirely by such rating agency, if in its judgment, circumstances warrant. A
downgrade change in or withdrawal of any rating may have an adverse effect on the market
price of the Series 2026 Bonds.
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2. In the event of a default in the payment of principal of and interest on the
Series 2026 Bonds, the remedies of the owners of the Series 2026 Bonds are limited under
the Bond Resolution and may be further limited under Florida law.
3. There can be no assurance that legislation or other proposals will not be
introduced or enacted in the future that would, or might apply to, or have a material adverse
effect upon, the levy or collection of Ad Valorem Taxes or the County's finances.
4. The State of Florida is naturally susceptible to the effects of extreme weather
events and natural disasters including floods, droughts, and hurricanes, which could result
in negative economic impacts on communities including the County. Such effects can be
exacerbated by a longer-term shift in the climate over several decades (commonly referred
to as climate change, generally discussed in paragraph 5 below), including increasing
global temperatures and rising sea levels. The occurrence of such extreme weather events
could damage local infrastructure that provides essential services to the County. The
economic impacts resulting from such extreme weather events could include a loss of
revenue, interruption of service, and escalated recovery costs. The County is located on
the east central coast of Florida and has been affected by hurricanes in the past and is likely
to be affected in the future.
5. Numerous scientific studies on climate change show that, among other
effects on the global ecosystem, sea levels may rise, extreme temperatures may become
more common, and extreme weather events may become more frequent as a result of
increasing global temperatures attributable to atmospheric pollution. Sea levels may
continue to rise in the future due to the increasing temperature of the oceans causing
thermal expansion and growing ocean volume from glaciers and ice caps melting into the
ocean. Coastal areas like the County are at risk of substantial flood damage over time,
affecting private development and public infrastructure, including roads, utilities,
emergency services, schools, and parks. If this were to happen, the County could lose
considerable tax revenues and many residents, businesses, and governmental operations
along the waterfront could be displaced, and the County could be required to mitigate these
effects at a potentially material cost. The County is unable to predict whether sea level rise
or other impacts of climate change will occur, when they may occur, and if any such events
occur, whether they will have a material adverse effect on the business operations or
financial condition of the County. Additionally, climate change concerns have led, and
may continue to lead, to new laws and regulations at the federal and state levels (including
but not limited to air, water, hazardous substances and solid waste regulations) that could
have a material adverse effect on the operations and/or financial condition of the County.
The County has established a Comprehensive Emergency Management Plan and Local
Mitigation Strategy Plan which identifies the natural hazards that may affect the County.
The County has commenced a Vulnerability Assessment which is intended to inform and
guide policies and responses to natural hazards.
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6. Computer networks and systems used for data transmission and collection
are vital to the efficient operations of the County. County systems provide support to
departmental operations and constituent services by collecting and storing sensitive data,
including intellectual property, security information, proprietary business process
information, information applying to suppliers and business partners, and personally
identifiable information of customers, constituents and employees. The secure processing,
maintenance and transmission of this information is critical to department operations and
the provision of citizen services. Increasingly, governmental entities are being targeted by
cyberattacks (including, but not limited to, hacking, viruses, malware and other attacks on
computers and other sensitive digital networks and systems) seeking to obtain confidential
data or disrupt critical services. A rapidly changing cyber risk landscape may introduce
new vulnerabilities and avenues that attackers/hackers can exploit in attempts to cause
breaches or service disruptions. Employee error and/or malfeasance may also contribute
to data loss or other system disruptions. Additionally, the County's computer networks and
systems routinely interface and rely on third party systems that are also subject to the risks
previously described. Any such breach could compromise networks and the
confidentiality, integrity and availability of systems and the information stored there. The
potential disruptions, access, modification, disclosure or destruction of data could result in
interruption of the efficiency of County commerce, initiation of legal claims or
proceedings, liability under laws that protect the privacy of personal information,
regulatory penalties, disruptions in operations and the services provided and the loss of
confidence in County operations, ultimately adversely affecting County revenues.
[The County's cyber security program is managed by cyber security professionals
within the Information Technology Department. This group's primary concern is
protecting electronic assets and sensitive data stored on and transmitted through the
County's networks and servers. This chiefly includes all financial data, employee records
and other sensitive personnel information and sensitive customer data. Preventative
actions being taken by the County include diligent firewall monitoring, proactive security
evaluation of new software prior to launching them on the County's networks and servers,
institution and consistent application of PCI (Payment Card Industry) security standards,
and annual cybersecurity training for County employees. Access to County systems ends
upon termination of employment with the County, and County -owned electronic assets are
obtained from the terminated employee at that time. All external emails are heavily
screened to ensure the County's cyber defenses are not penetrated. HIPAA (Health
Insurance Portability and Accountability Act) and PCI compliance are also areas of great
concern with respect to the County's cybersecurity efforts. Despite the County's efforts in
this area, no assurance can be given that any cyberattacks, if successful, will not have a
material adverse effect on the operations or financial condition of the County.]
7. [The outbreak of the highly contagious COVID-19 pandemic in the United
States in March 2020 generally had a disruptive financial impact on local, state and national
economies around the country, including without limitation fueling inflation and creating
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supply chain issues. COVID-19 was considered a Public Health Emergency of
International Concern by the World Health Organization. This led to quarantine and other
"social distancing" measures throughout the United States. These measures included
recommendations and warnings to limit non-essential travel and promote telecommuting.
There can be no guarantee that State and/or local shut downs or closures similar to those
implemented in 2020 will not happen in the future. It is possible the United States,
including the State and the County, may experience increased COVID-19 cases,
hospitalizations, and deaths as a result of current or future variants, or may experience a
new viral pandemic, which could, in turn, impact State and local government finances.]
Prospective purchasers of the Series 2026 Bonds should review carefully all of the
provisions of the Bond Resolution the form of which is included in Appendix C attached
to this Official Statement.
LIABILITIES OF THE COUNTY
Pension Plans
The County employees participate in the Florida Retirement System ("FRS"). FRS
was created pursuant to Chapter 121, Florida Statutes, to provide a defined benefit pension
plan for participating public employees. See "APPENDIX B - Annual Comprehensive
Financial Report" attached hereto, Note 14, for additional information on the FRS.
Other Post -Employment Benefits
Pursuant to the provision of Section 112.0801, Florida Statutes, former employees
who retire from the County and eligible dependents may continue to participate in the
County's respective medical/prescription and life insurance plans as long as they pay the
premium applicable to coverage elected. See "APPENDIX B - Annual Comprehensive
Financial Report" attached hereto, Note 15, for additional information on the County's post -
employment benefit plans.
LITIGATION
[TO BE REVIEWED BY THE COUNTY ATTORNEY]
There is no litigation pending or, to the knowledge of the County, threatened, which
restrains or enjoins the issuance or delivery of the Series 2026 Bonds or questions or affects
the validity of the Series 2026 Bonds or the proceedings and authority under which they
are to be issued, or the authority of the County to annually levy ad valorem taxes to pay
debt service on the Series 2026 Bonds in accordance with the Bond Resolution. Neither
the creation, organization or existence of the County, nor the title of the present members
of the County or other officers of the County in their respective offices is being contested.
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There is no litigation pending or, to the knowledge of the County, threatened, which, if it
were decided against the County, would have a materially adverse impact upon the
financial position of the County or its ability to perform its obligations to the Series 2026
Bondholders.
The County experiences routine litigation and claims incidental to the conduct of its
affairs. In the opinion of the County Attorney, there are no other actions presently pending
or threatened, the adverse outcome of which would have a material adverse effect on the
County's ability to pay debt service on the Series 2026 Bonds.
The County is party to other various legal proceedings which individually are not
expected to have a material adverse effect on its operations or financial condition, but may,
in the aggregate, have a material impact thereon. However, in the opinion of the County
Attorney, the County will either successfully defend such actions or otherwise resolve such
matters without any material adverse consequences.
LEGAL MATTERS
Certain legal matters in connection with the authorization, issuance and sale of the
Series 2026 Bonds are subject to the approval of Nabors, Giblin & Nickerson, P.A., Tampa,
Florida, Bond Counsel, whose approving opinion will be available at the time of delivery
of the Series 2026 Bonds. Nabors, Giblin, & Nickerson, P.A., Tampa, Florida, is also
serving as Disclosure Counsel to the County. Certain legal matters will be passed upon for
the County by Jennifer W. Shuler, Esq., County Attorney.
The proposed form of the Bond Counsel opinion is attached hereto as Appendix D,
and reference is made to such form of opinion for the complete text thereof. The actual
legal opinion to be delivered may vary from that text if necessary to reflect facts and law
on the date of delivery. The opinion will speak only as of its date, and subsequent
distribution of it by recirculation of the Official Statement or otherwise shall create no
implication that Bond Counsel has reviewed or expresses any opinion concerning any of
the matters referenced in the opinion subsequent to its date.
Bond Counsel has not been engaged to, nor has it undertaken to, review (1) the
accuracy, completeness or sufficiency of this Official Statement or any other offering
material relating to the Series 2026 Bonds; provided, however, that Bond Counsel will
render an opinion to the Underwriter and the County relating to the accuracy of certain
statements contained herein under the heading "TAX MATTERS" and certain statements
which summarize provisions of the Bond Resolution and the Series 2026 Bonds, and (2)
the compliance with any federal or state law with regard to the sale or distribution of the
Series 2026 Bonds.
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ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2026 Bonds upon a monetary or
covenant default under the Bond Resolution are in many respects based upon judicial
actions which are often subject to discretion, delay and equitable considerations. Under
existing constitutional and statutory law and judicial decisions, the remedies specified by
the Federal bankruptcy code, the Bond Resolution and the Series 2026 Bonds may not be
readily available or may be limited. The various legal opinions to be delivered concurrently
with the delivery of the Series 2026 Bonds (including Bond Counsel's approving opinion)
will be qualified as to the enforceability of the various legal instruments, by limitations
imposed by general principles of equity, bankruptcy, reorganization, insolvency or other
similar laws affecting the rights of creditors enacted before or after such delivery.
MUNICIPAL ADVISOR
Hilltop Securities Inc., Orlando, Florida served as Municipal Advisor (the
"Municipal Advisor") to the County with respect to the issuance of the Series 2026 Bonds.
The Municipal Advisor has assisted the County in the preparation of this Official Statement
and has advised the County as to other matters relating to the planning, structuring and
issuance of the Series 2026 Bonds. The Municipal Advisor is not obligated to undertake
and has not undertaken to make an independent verification or to assume responsibility for
the accuracy, completeness or fairness of the information contained in this Official
Statement. The fee payable to the Municipal Advisor is contingent upon the issuance and
delivery of the Series 2026 Bonds.
TAX MATTERS
Opinion of Bond Counsel
In the opinion of Bond Counsel, the form of which is included as APPENDIX D
hereto, the interest on the Series 2026 Bonds is excludable from gross income of the owners
thereof for federal income tax purposes and is not an item of tax preference for purposes
of the federal alternative minimum tax under existing statutes, regulations, rulings and
court decisions; provided, however, with respect to certain corporations, interest on the
Series 2026 Bonds is taken into account in determining the annual adjusted financial
statement income for the purpose of computing the alternative minimum tax imposed on
such corporations. Failure by the County to comply subsequent to the issuance of the Series
2026 Bonds with certain requirements of the Internal Revenue Code of 1986, as amended
(the "Code"), including but not limited to requirements regarding the use, expenditure and
investment of Series 2026 Bond proceeds and the timely payment of certain investment
earnings to the Treasury of the United States, may cause interest on the Series 2026 Bonds
to become includable in gross income for federal income tax purposes retroactive to their
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date of issuance. The County has covenanted in the Bond Resolution to comply with all
provisions of the Code necessary to, among other things, maintain the exclusion from gross
income of interest on the Series 2026 Bonds for purposes of federal income taxation. In
rendering its opinion, Bond Counsel has assumed continuing compliance with such
covenants.
Internal Revenue Code of 1986
The Code contains a number of provisions that apply to the Series 2026 Bonds,
including, among other things, restrictions relating to the use or investment of the proceeds
of the Series 2026 Bonds and thepayment of certain arbitrage earnings in excess of the
"yield" on the Series 2026 Bonds to the Treasury of the United States of America.
Noncompliance with such provisions may result in interest on the Series 2026 Bonds being
included in gross income for federal income tax purposes retroactive to their date of
issuance.
Collateral Tax Consequences
Except as described above, Bond Counsel will express no opinion regarding the
federal income tax consequences resulting from the ownership of, receipt or accrual of
interest on, or disposition of, the Series 2026 Bonds. Prospective purchasers of Series 2026
Bonds should be aware that the ownership of Series 2026 Bonds may result in other
collateral federal tax consequences. For example, ownership of the Series 2026 Bonds may
result in collateral tax consequences to various types of corporations relating to (1) denial
of interest deduction to purchase or carry such Series 2026 Bonds, (2) the branch profits
tax, and (3) the inclusion of interest on the Series 2026 Bonds in passive income for certain
Subchapter S corporations. In addition, the interest on the Series 2026 Bonds may be
included in gross income by recipients of certain Social Security and Railroad Retirement
benefits.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2026
BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY
HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL
AND CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE
CONSEQUENCES REFERRED TO ABOVE. PROSPECTIVE SERIES 2026
BONDHOLDERS SHOULD CONSULT WITH THEIR TAX ADVISORS FOR
INFORMATION IN THAT REGARD
Other Tax Matters
Interest on the Series 2026 Bonds may be subject to state or local income taxation
under applicablestate or local laws in other jurisdictions. Purchasers of the Series 2026
Bonds should consult their own tax advisors as to the income tax status of interest on the
Series 2026 Bonds in their particular state or local jurisdictions.
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The Inflation Reduction Act, H.R. 5376 (the "IRA"), was passed by both houses of
the U.S. Congress and was signed by the President on August 16, 2022. As enacted, the
IRA includes a 15 percentalternative minimum tax to be imposed on the "adjusted financial
statement income," as defined in the IRA, of certain corporations for tax years beginning
after December 31, 2022. Interest on the Series 2026 Bonds will be included in the
"adjusted financial statement income" of such corporations for purposes ofcomputing the
corporate alternative minimum tax. Prospective purchasers that could be subject to this
minimum tax should consult with their own tax advisors regarding the potential tax
consequences of owning the Series 2026 Bonds.
During prior years, legislative proposals have been introduced in Congress, and in
some cases enacted, that altered certain federal tax consequences resulting from the
ownership of obligations that aresimilar to the Series 2026 Bonds. In some cases, these
proposals have contained provisions that altered these federal tax consequences on a
retroactive basis. Such alteration of federal tax consequences may have affectedthe market
value of obligations similar to the Series 2026 Bonds. From time to time, legislative
proposals are pending which could have an effect on both the federal tax consequences
resulting from ownership ofthe Series 2026 Bonds and their market value. No assurance
can be given that additional legislative proposals will not be introduced or enacted that
would or might apply to, or have an adverse effect upon,the Series 2026 Bonds.
Original Issue Discount
Certain of the Series 2026 Bonds (the "Discount Bonds") may be offered and sold to
the public at anoriginal issue discount, which is the excess of the principal amount of the
Discount Bonds over the initial offering price to the public, excluding bond houses, brokers
or similar persons or organizations acting in the capacity of underwriters or wholesalers, at
which initial offering price a substantial amount of the Discount Bonds of the same
maturity was sold. Original issue discount represents interest which is excluded from gross
income for federal income tax purposes to the same extent as interest on the Discount Bonds.
Original issuediscount will accrue over the term of a Discount Bond at a constant interest
rate compounded semi-annually. An initial purchaser who acquires a Discount Bond at the
initial offering price thereof to the public will be treated as receiving an amount of interest
excludable from gross income for federal income tax purposes equal to the original issue
discount accruing during the period such purchaser holds such Discount Bonds and will
increase the adjusted basis in such Discount Bonds by the amount of such accruing discount
for purposes of determining taxable gain or loss on the sale or other disposition of such
Discount Bonds. The federal income tax consequences of the purchase, ownership and
prepayment, sale or other disposition ofDiscount Bonds which are not purchased in the
initial offering at the initial offering price may be determined according to rules which
differ from those above. Owners of Discount Bonds should consult their own tax advisors
with respect to the precise determination for federal income tax purposes of interest accrued
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upon sale, prepayment or other disposition of such Discount Bonds and with respect to the
stateand local tax consequences of owning and disposing of such Discount Bonds.
Original Issue Premium
Certain of the Series 2026 Bonds (the "Premium Bonds") may be offered and sold
to the public at an initial offering price in excess of the principal amount of such Premium
Bond, which excess constitutes to an initial purchaser amortizable bond premium which is
not deductible from gross income for Federal income tax purposes. The amount of
amortizable bond premium for a taxable year is determined actuarially on a constant
interest rate basis over the term of the Premium Bonds which term ends on the earlier of
the maturity or call date for each Premium Bond which minimizes the yield on said
Premium Bonds to the purchaser. For purposes of determining gain or loss on the sale or
other disposition of a Premium Bond, an initial purchaser who acquires such obligation in
the initial offering to the public at the initial offering price is required to decrease such
purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable
bond premium for the taxable year. The amortization of bond premium may be taken into
account as a reduction in the amount of tax-exempt income for purposes of determining
various other taxconsequences of owning such Premium Bonds. The federal income tax
consequences of the purchase, ownership and sale or other disposition of Premium Bonds
which are not purchased in the initial offeringat the initial offering price may be determined
according to rules which differ from those described above. Owners of the Premium Bonds
are advised that they should consult with their own tax advisors with respect to the state
and local tax consequences of owning such Premium Bonds.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly
or indirectly offer or sell securities of the County except by an offering circular containing
full and fair disclosure of all defaults as to principal or interest on its obligations since
December 31, 1975, as provided by rule of the Financial Services Commission (the
"Commission"). Pursuant to the Florida Administrative Code, the Commission has
required the disclosure of the amounts and types of defaults, any legal proceedings
resulting from such defaults, whether a trustee or receiver has been appointed over the.
assets of the County, and certain additional financial information, unless the County
believes in good faith that such information would not be considered material by a
reasonable investor. The County is not and has not been in default on any bond issued since
December 31, 1975 which it believes would be considered material by a reasonable
investor of the Series 2026 Bonds.
Although the County is not aware of any other defaults with respect to bonds or
other debt obligations as to which it has served only as a conduit issuer, it has not
undertaken an independent review or investigation of such bonds or other debt obligations
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for which it served only as a conduit issuer. To the extent any of such bonds or other debt
obligations are in default as to principal and/or interest or otherwise, the obligation of the
County thereunder is limited solely to payment from funds received by the party on whose
behalf such bonds or other debt obligations were issued, and the County is not obligated to
pay the principal of or interest on such bonds or other debt obligations from any funds of
the County. The County in good faith believes the disclosure of such defaults or
investigations would not be considered material by a reasonable investor in the Series 2026
Bonds.
RATING
[S&P Global Ratings ("S&P")] has assigned a municipal bond rating of
([�) to the Series 2026 Bonds. Such rating reflects the view of and an
explanation of the significance of such rating may be obtained only from at the
following address: S&P Global Ratings, 55 Water Street, New York, New York 10041.
Generally, a rating agency bases its rating on the information and materials furnished to it
and on investigations, studies and assumptions of its own. There is no assurance that such
rating will continue for any given period of time or that such rating will not be revised
downward or withdrawn entirely by S&P, if, in the judgment of S&P, circumstances so
warrant. Any such downward revision or withdrawal of such rating may have an adverse
effect upon the market price of the Series 2026 Bonds.
IMI13x`"A MY_ 10,
The Series 2026 Bonds are being purchased by [UNDERWRITER] (the
"Underwriter"), at a purchase price of $[ ] (par amount of the Series 2026
Bonds, less an underwriter's discount of $[ and plus net original issue premium
of $[ ]). See "ESTIMATED SOURCES AND USES OF FUNDS" herein. The
offer of the Underwriter to purchase the Series 2026 Bonds, as accepted by the County,
provides for the Underwriter to purchase all of the Series 2026 Bonds. The Series 2026
Bonds may be offered and sold to certain dealers and others at prices lower than such
offering prices and such public offering prices may be changed, from time to time, by the
Underwriter.
CONTINUING DISCLOSURE
The County has covenanted for the benefit of the Series 2026 Bondholders to
provide certain financial information and operating data relating to the County and the
Series 2026 Bonds in each year and to provide notices of the occurrence of certain
enumerated material events. Such covenant shall only apply so long as the Series 2026
Bonds remain outstanding under the Bond Resolution. The covenant shall also cease upon
the termination of the continuing disclosure requirements of S.E.C. Rule 15c2 -12(b)(5)
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(the "Rule") by legislative, judicial or administrative action. The County has agreed to file
annual financial information and operating data and its audited financial statements
(collectively, the "Annual Report") with the Municipal Services Rulemaking Board (the
"MSRB") through its Electronic Municipal Market Access system ("EMMA"), as
described in "Appendix E - Form of Continuing Disclosure Certificate." The County has
agreed to file notices of certain enumerated material events, when and if they occur, with
the MSRB through EMMA. The County has engaged HTS Continuing Disclosure
Services, a Division of Hilltop Securities Inc., as its dissemination agent.
The specific nature of the financial information, operating data, and of the type of
events which trigger a disclosure obligation, and other details of the undertaking are
described in "Appendix E - Form of Continuing Disclosure Certificate" attached hereto.
The Continuing Disclosure Certificate shall be executed by the County prior to the issuance
of the Series 2026 Bonds. These covenants have been made in order to assist the
underwriters for the Series 2026 Bonds in complying with the continuing disclosure
requirements of the Rule. With respect to the Series 2026 Bonds, no party other than the
County is obligated to provide, nor is expected to provide, any continuing disclosure
information with respect to the aforementioned Rule.
FINANCIAL STATEMENTS
The financial statements of the County as of and for the Fiscal Year ended
September 30, 2025, included in the County's Annual Comprehensive Financial Report
(Fiscal Year Ended September 30, 2025) attached to this Official Statement as Appendix B,
have been audited by James Moore & Co. P.L., independent auditors (the "Auditors"), as
stated in their report dated March 9, 2026, included in Appendix B. The Annual
Comprehensive Financial Report, including such financial statements and the Auditors'
report, has been included in this Official Statement as a public document, and the consent
of the Auditors was not requested. The Auditors have not been engaged to perform and
have not performed, since the date of the Auditors' report any procedures on the financial
statements addressed in that report. The Auditors also have not performed any procedures
relating to this Official Statement.
INVESTMENT POLICY OF THE COUNTY
Pursuant to the requirements of Section 218.415, Florida Statutes, as amended, the
County adopted a written investment policy applicable to all cash and surplus funds of the
County except debt proceeds and monetary assets held by other entities on behalf of the
County. The objectives of the investment policy, listed in order of importance, are: (1) to
preserve capital in the overall portfolio and to maintain the safety of principal; (2) to remain
sufficiently liquid to meet disbursement requirements that might be reasonably anticipated;
and (3) to manage the investment portfolio to provide a competitive return consistent with
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the objectives in items 1 and 2 and other risk limitations described in the investment policy.
The investment policy notes that the highest priority of all investment activities shall be
the safety of principal and liquidity of funds. The optimization of investment returns shall
be secondary to the requirements for safety and liquidity.
The investment policy limits the securities eligible for inclusion in the County's
investment portfolio. Derivatives, reverse repurchase agreements or similar forms of
leverage are prohibited. Cryptocurrency purchases are also specifically prohibited. The
investment policy provides that County investments shall be managed to maintain liquidity
for meeting the County's need for cash and to limit potential market risks. All investments
must have stated maturities of 10 years or less and no more than 25% of the portfolio shall
be invested in instruments with stated final maturities greater than five years. The portfolio
shall have securities with varying maturities and at least 10% of the portfolio shall be
invested in readily available funds.
The Clerk is responsible for conducting investment transactions for the County. The
investment policy also requires the establishment of an Investment Advisory Committee
which is tasked with evaluating the investment performance and the current and future
liquidity needs and investment strategies. It is also responsible for preparing periodic
reports for the Board. The Clerk is required to establish a system of investment internal
controls and operational procedures.
Subject to the requirements of Section 218.415, Florida Statutes, as amended, the
investment policy may be modified by the Board. The most recent investment policy of
the County became effective as of [January 9, 2024].
CONTINGENT FEES
The County has retained Bond Counsel, Disclosure Counsel and the Municipal
Advisor with respect to the authorization, sale, execution and delivery of the Series 2026
Bonds. Payment of the fees of Bond Counsel, Disclosure Counsel and the Municipal
Advisor and an underwriting discount to the Underwriter are each contingent upon the
issuance of the Series 2026 Bonds.
MISCELLANEOUS
All information included herein has been provided by the County, except where
attributed to other sources. The summaries of and references to all documents, statutes,
reports and other instruments referred to herein do not purport to be complete,
comprehensive or definitive, and each such reference or summary is qualified in its entirety
by reference to each such document, statute, report or other instrument. The information
herein has been compiled from official and other sources and, while not guaranteed by the
County, is believed to be correct. So far as any statements made in this Official Statement
M
Page 210 of 386
and the appendices attached hereto involve matters of opinion or of estimates whether or
not expressly stated, they are set forth as such and not as representation of fact, and no
representation is made that any of the estimates will be realized.
AUTHORIZATION OF OFFICIAL STATEMENT
The delivery of this Official Statement has been duly authorized by the County. At
the time of delivery of the Series 2026 Bonds, the Chairman of the Board and the County
Administrator will furnish a certificate to the effect that neither the Chairman nor said
County Administrator has any knowledge or reason to believe that this Official Statement,
as of its date and as of the date of delivery of the Series 2026 Bonds, contains any untrue
statement of a material fact or omits to state a material fact necessary in order to make the
statements made herein, in light of the circumstances under which they were made, not
misleading.
INDIAN RIVER COUNTY, FLORIDA
By:
Chairman, Board of County Commissioners
all
County Administrator
41
Page 211 of 386
APPENDIX A
GENERAL INFORMATION REGARDING INDIAN RIVER COUNTY
Page 212 of 386
APPENDIX B
ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2025
Page 213 of 386
APPENDIX C
FORM OF BOND RESOLUTION
Page 214 of 386
APPENDIX D
FORM OF APPROVING OPINION OF BOND COUNSEL
Page 215 of 386
APPENDIX E
FORM OF CONTINUING DISCLOSURE CERTIFICATE
Page 216 of 386
EXHIBIT D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
Page 217 of 386
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered by Indian River County, Florida (the "County") in connection with the
issuance of $[PAR AMOUNT] aggregate principal amount of its Indian River County,
Florida General Obligation Bonds, Series 2026 (the "Series 2026 Bonds"). The Series 2026
Bonds are being issued pursuant to Resolution No. 2023-004 adopted by the Board of
County Commissioners (the "Board") of the County on January 31, 2023, as supplemented,
as particularly supplemented by Resolution No. 2026- adopted by the Board on [May
19], 2026 (collectively, the "Bond Resolution"). Capitalized terms used but not otherwise
defined herein shall have the same meaning as when used in the Bond Resolution unless
the context would clearly indicate otherwise. The County covenants and agrees as follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This
Disclosure Certificate is being executed and delivered by the County for the benefit of the
Series 2026 Bondholders and to assist the Underwriter of the Series 2026 Bonds in
complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by
the Securities and Exchange Commission ("SEC") pursuant to the Securities Exchange Act
of 1934 (the "Rule").
SECTION 2. NATURE OF UNDERTAKING. The County, in accordance
with the Rule, hereby covenants to provide or cause to be provided to the Electronic
Municipal Market Access system ("EMMA") and maintained by the Municipal Securities
Rulemaking Board (the "MSRB") for purposes of the Rule and any other entity authorized
and approved by the SEC from time to time to act as a repository for purposes of complying
with the Rule:
(a) (i) annual financial information and operating data of the type
described as "Annual Information" in Section 3(a) hereof for each Fiscal Year
ending on or after September 30, 2026, not later than the following April 30, and
(ii) audited financial statements of the County for each such Fiscal Year, not later
than the following April 30, if then available as described in the final paragraph of
this Section 2; and
(b) in a timely manner not in excess of ten business days after the
occurrence of any Specified Event described in Section 3(b) hereof (a "Specified
Event"), notice of (i) any Specified Event described in Section 3(b) hereof, (ii) the
County's failure to provide the Annual Information on or prior to the date specified
above, and (iii) any change in the accounting principles applied in the preparation
of its annual financial statements, any change in its Fiscal Year, and the termination
of the County's continuing disclosure obligations.
Page 218 of 386
The County expects that audited annual financial statements will be prepared and
will be filed together with the Annual Information identified below. The accounting
principles to be applied in the preparation of those financial statements will be generally
accepted accounting principles, as modified by applicable State of Florida requirements
and the governmental accounting standards promulgated by the Governmental Accounting
Standards Board. In the event that the audited annual financial statements are not available
by the date on which the Annual Information will be provided, the County will provide
unaudited financial statements by the date specified and audited financial statements when
available.
SECTION 3. ANNUAL INFORMATION AND SPECIFIED EVENTS.
(a) "Annual Information" to be provided by the County for the immediately
completed Fiscal Year shall consist of information contained in the tables entitled:
(1) "Indian River County, Florida Property Tax Millage Rates for Direct
and Overlapping Governments (Unaudited);"
(2) "Indian River County, Florida Assessed Value and Actual Value of
Taxable Property (Unaudited);"
(3) "Indian River County, Florida Property Tax Levies and Collections
(Unaudited);" and
(4) "Indian River County, Florida Principal Property Taxpayers
(Unaudited)"
in the Official Statement prepared for the Series 2026 Bonds and presented in a manner
consistent with the presentation in the Official Statement; provided, however, any of such
information may be provided in the audited financial statements filed in accordance with
this Disclosure Certificate.
(b) Specified Events shall include the occurrence of the following events, within
the meaning of the Rule, with respect to the Series 2026 Bonds:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults, if material;
(3) unscheduled draws on debt service reserves reflecting financial
difficulties;
(4) unscheduled draws on credit enhancements reflecting financial
difficulties;
2
Page 219 of 386
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS
Form 5701-TEB) or other material notices or determinations with respect to the tax
status of the Series 2026 Bonds, or other material events affecting the tax status of
the Series 2026 Bonds;
(7) modifications to rights of the holders of the Series 2026 Bonds, if
material;
(8) any Series 2026 Bond calls, if material, and tender offers;
(9) defeasances in whole or in part of the Series 2026 Bonds;
(10) release, substitution, or sale of property securing repayment of the
Series 2026 Bonds, if material;
(11) any changes in the ratings assigned to the Series 2026 Bonds;
(12) bankruptcy, insolvency, receivership or similar event of the County
(this event is considered to occur when any of the following occur: the appointment
of a receiver, fiscal agent or similar officer for the County in a proceeding under the
U.S. Bankruptcy Code or in any other proceeding under state or federal law in which
a court or governmental authority has assumed jurisdiction over substantially all of
the assets or business of the County, or if such jurisdiction has been assumed by
leaving the existing governing body and officials or officers in possession but
subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement or liquidation by
a court or governmental authority having supervision or jurisdiction over
substantially all of the assets or business of the County);
(13) the consummation of a merger, consolidation, or acquisition involving
the County or the sale of all or substantially all of the assets of the County, other
than in the ordinary course of business, the entry into a definitive agreement to
undertake such an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms;
(14) appointment of a successor or additional trustee or the change of name
of a trustee;
(15) Incurrence of a financial obligation of the County, if material, or
agreement to covenants, events of default, remedies, priority rights, or other similar
terms of a financial obligation of the County, any of which affect holders of the
Series 2026 Bonds; and
3
Page 220 of 386
(16) Default, event of acceleration, termination event, modification of
terms, or other similar events under the terms of the financial obligation of the
County, any of which reflect financial difficulties.
The County may, from time to time, in its sole discretion, choose to provide notice
of the occurrence of certain other events if, in the judgment of the County, such other events
are material with respect to the Series 2026 Bonds, but the County does not specifically
undertake to commit to provide any such additional notice of the occurrence of any material
event except those events listed above. Any voluntary inclusion by the County of
supplemental information that is not required hereunder shall not expand the obligations of
the County hereunder and the County shall have no obligation to update such supplemental
information or include it in any subsequent report.
SECTION 4. SUBMISSION OF INFORMATION TO THE MSRB. The
information required to be disclosed pursuant to Sections 2 and 3 of this Disclosure
Certificate shall be submitted to EMMA and/or any successor repository required by
federal or state law or regulation. Subject to future changes in submission rules and
regulations, such submissions shall be provided to the MSRB, through EMMA, in portable
document format ("PDF") files configured to permit documents to be saved, viewed,
printed and retransmitted by electronic means. Such PDF files are required to be word -
searchable (allowing the user to search for specific terms used within the document through
a search or find function available in a software package).
Subject to future changes in submission rules and regulations, at the time that such
information is submitted through EMMA, the County, or any dissemination agent engaged
by the County pursuant to Section 7 hereof, shall also provide to the MSRB information
necessary to accurately identify:
(A) the category of information being provided;
(B) the period covered by the County's Annual Comprehensive Financial Report
and any additional financial information and operating data being provided;
(C) the issues or specific securities to which such submission is related or
otherwise material (including CUSIP number, County name, state, issue
description/securities name, dated date, maturity date, and/or coupon rate);
(D) the name of any Obligated Person other than the County;
(E) the name and date of the document being submitted; and
(F) contact information for the submitter.
SECTION 5. REMEDIES; NO EVENT OF DEFAULT. The County
agrees that its undertaking pursuant to the Rule set forth above is intended to be for the
m
Page 221 of 386
benefit of the holders and beneficial owners of the Series 2026 Bonds and shall be
enforceable by any such holder or beneficial owner; provided that the right to enforce the
provisions of this undertaking shall be limited to a right to obtain specific performance of
the County's obligations hereunder and any failure by the County to comply with the
provisions of this undertaking shall not be an event of default with respect to the Series
2026 Bonds under the Bond Resolution.
SECTION 6. SEPARATE BOND REPORT NOT REQUIRED;
INCORPORATION BY REFERENCE. The requirements of this Disclosure Certificate
do not necessitate the preparation of any separate annual report addressing only the Series
2026 Bonds. These requirements may be met by the filing of a combined bond report or
the County's Annual Comprehensive Financial Report; provided, such report includes all
of the required information and is available by April 30. Additionally, the County may
incorporate any information provided in any prior filing with EMMA or one of the
Nationally Recognized Municipal Securities Information Repositories recognized by the
SEC for purposes of the Rule or other information filed with the SEC or included in any
final official statement of the County; provided, such final official statement is filed with
the MSRB.
SECTION 7. DISSEMINATION AGENTS. The County may, from time
to time, appoint or engage a dissemination agent to assist it in carrying out its obligations
under this Disclosure Certificate, and may discharge any such agent, with or without
appointing a successor dissemination agent. The County has appointed HTS Continuing
Disclosure Services, a Division of Hilltop Securities Inc., as its initial dissemination agent.
SECTION 8. TERMINATION. The County's obligations under this
Disclosure Certificate shall cease (a) upon the legal defeasance, prior redemption, payment
in full of all of the Series 2026 Bonds, or (b) when the County no longer remains an
Obligated Person with respect to the Series 2026 Bonds within the meaning of the Rule, or
(c) upon the termination of the continuing disclosure requirements of the Rule by
legislative, judicial or administrative action.
SECTION 9. AMENDMENTS. The County reserves the right to amend the
provisions of this Disclosure Certificate as may be necessary or appropriate to achieve its
compliance with any applicable federal securities law or rule, to cure any ambiguity,
inconsistency or formal defect or omission, and to address any change in circumstances
arising from a change in legal requirements, change in law, or change in the identity, nature,
or status of the County, or type of business conducted by the County. Any such amendment
shall be made only in a manner consistent with the Rule and any amendments and
interpretations thereof by the SEC. Additionally, compliance with any provision of this
Disclosure Certificate may be waived. Any such amendment or waiver will not be effective
unless this Disclosure Certificate (as amended or taking into account such waiver) would
have complied with the requirements of the Rule at the time of the primary offering of the
Series 2026 Bonds, after taking into account any applicable amendments to or official
5
Page 222 of 386
interpretations of the Rule, as well as any change in circumstances, and until the County
shall have received either (a) a written opinion of bond or other qualified independent
special counsel selected by the County that the amendment or waiver would not materially
impair the interests of holders or beneficial owners of the Series 2026 Bonds, or (b) the
written consent to the amendment or waiver of the holders of at least a majority of the
principal amount of the Series 2026 Bonds then outstanding. Annual Information
containing any amended operating data or financial information shall explain, in narrative
form, the reasons for any such amendment and the impact of the change on the type of
operating data or financial information being provided. Additionally, in the year in which
any change in accounting principles is made, the County shall present a comparison (in
narrative form and also, if feasible, in quantitative form) between the financial statements
as prepared on the basis of the new accounting principles and those prepared on the basis
of the former accounting principles in accordance with the requirements of the
Governmental Accounting Standards Board.
SECTION 10. OBLIGATED PERSONS. If any person other than the
County becomes an Obligated Person (as defined in the Rule) relating to the Series 2026
Bonds, the County shall use its best efforts to require such Obligated Person to comply
with all provisions of the Rule applicable to such Obligated Person.
Dated: July [1], 2026
ATTESTED AND COUNTERSIGNED:
By:
Clerk of the Circuit Court
and Ex -Officio Clerk of the Board of
County Commissioners of Indian River
County, Florida
1
Chairman, Board of County Commissioners
Page 223 of 386
Indian River County
Administration Complex Indian River 180127th Street
Vero Beach, Florida 32960
Indian River
County, Florida
OR' 1 Memorandum
File ID: Type: Meeting Date:
2026-686 Constitutional Officers and May 19, 2026
Governmental Agencies
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
From: Kristin Daniels; Budget Director
Date: 05/12/2026
Subject: Request for Emergency Repairs to the Correctional Facility Fire
Suppression System
Background:
The Indian River County Correctional Facility's fire suppression system is failing, and its repair
is urgent, The issue was initially identified due to an airleak in the suppression line, which
caused the compressor to trip continuously. Due to the current projects: underway,. the building's
interior was open to allow for more detailed inspection.. During further inspection and
troubleshooting, the piping was found to be brittle, leading to the discovery o.....significant
deterioration within the fire suppression system:pipes. If not addressed, the costs to transport and
relocate inmates to other facilities could far exceed the costs of the repair.
Analysis:
Completing these emergency repairs concurrently with ongoing facility projects in all four (4)
buildings will provide cost savings through contractor coordination, reduced mobilization
expenses, and operational efficiencies. The expected cost of repairs is $343,772 ana is expected
to take six to eight weeks per building to repair.
Budgetary Impact:
Funds, :in the amount of $343,772, will be allocated via budget amendment from the Optional
Sales Tax Fund/Sheriff-Detention Center account; number 31560086=099140.
Previous Board Actions:
Potential Future Board Actions:
SOA
Page 224 of 386
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Staff recommends the Board approve the Indian River County Correctional Facility's fire
suppression system repair in the amount of $343,772. A budget amendment will be brought to
the Board at a later time to allocate the additional funds needed.
Attachments:
Memo to County Administrator 05.08.26 with documents
Page 225 of 386
Sheriff Eric Flowers
1' �r Indian River County Sheriff's Office
May 8, 2026
Mr. John Titkanich
Indian River County Administrator
Ref: Request for Emergency Repairs to Fire Suppression System
This memorandum is to request approval for emergency repairs to the Indian River
County correctional facility fire suppression system. The issue was initially identified
due to an air leak in the suppression line, which caused the compressor to trip
continuously. Due to the current projects underway, the building interior was open to
allow for more detailed inspection. During this further inspection and troubleshooting,
the piping was found to be brittle, leading to the discovery of significant deterioration
within the fire suppression system pipes. The deficiencies were subsequently self-
reported to the Fire Inspector to ensure compliance and transparency.
Attached is the quote from Florida Fire and Backflow, LLC for the emergency repairs
along with pictures showing the microbiologically influenced corrosion (MIC) that has
broken down the schedule 10 lines of the fire suppressant system. MIC is a form of
accelerated degradation caused by living microorganisms—specifically bacteria—that
create biofilms on the interior surface of metallic pipes, leading to severe pitting, leaks,
and blockages.
Failure to complete the necessary repairs in a timely manner could result in the
relocation of inmates to alternate housing facilities. The temporary relocation of inmates
during these facility projects will create a significant operational and financial burden
on the agency. Each building's system is expected to take approximately six to eight
weeks to be repaired; there are 4 buildings to be fixed in total. This will require inmates
to be housed at other detention facilities throughout the region. This process involves
much more than transportation, including maintaining inmate classification standards,
medical care, court appearances, and overall security operations while coordinating
Page 226 of 386
with multiple outside agencies. In addition, agency personnel may need to be
temporarily housed in neighboring counties to provide proper inmate supervision,
transportation, and operational support at the receiving facilities. The repeated
movement of inmates and staff over the course of these projects will result in increased
costs related to housing, overtime, travel, fuel, meals, and staffing coverage, while also
placing additional strain on detention and operational resources.
Completing these emergency repairs concurrently with ongoing facility projects will
provide cost savings through contractor coordination, reduced mobilization expenses,
and operational efficiencies. For these reasons, approval of the emergency repairs is
respectfully requested to prevent further operational and financial impacts to the
County.
Res ctfully, / l
Eric Flowers, Sheriff
4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 20OZ:
Page 227 of 386
ADDRESS
Florida Fire and Backflow, LLC
850 33rd Ct SW
Vero Beach, FL 32968-9200 US
+17724928141
jakeffbl@gmail.com
Indian River County Sheriff's
Office Bureau of Corrections
4055 41 st Ave
Vero Beach, FL 32960
JOB
Preaction Pipe Replacement
Emergency Service
Remove and replace all the fire
sprinkler schedule 10 supply mains
with new schedule 10 galvanized
pipe. Flush all small schedule 40
piping. Replace all the old
institutional fire sprinkler heads with
new ones. Parts and labor included
in the 6-8 week window a lotted per
building. A Block pre action system
Emergency Service
Remove and replace all the fire
sprinkler schedule 10 supply mains
with new schedule 10 galvanized
pipe. Flush all small schedule 40
piping. Replace all the old
institutional fire sprinkler heads with
new ones. Parts and labor included
in the 6-8 week window a lotted per
building. B Block pre action system
Emergency Service
Remove and replace all the fire
sprinkler schedule 10 supply mains
with new schedule 10 galvanized
pipe. Flush all small schedule 40
piping. Replace all the old
institutional fire sprinkler heads with
new ones. Parts and labor included
in the 6-8 week window a lotted per
building. C Block pre action system
Emergency Service
SHIP TO
Indian River County Sheriff's
Office Bureau of Corrections
4055 41 st Ave
Vero Beach, FL 32960
1
ESTIMATE # 3450
DATE 05/07/2026
72,860.00 72,860.00
93,554.00 93,554.00
83,804.00 83,804.00
93,554.00 93,554.00
Page 228 of 386
Remove and replace all the fire
sprinkler schedule 10 supply mains
with new schedule 10 galvanized
pipe. Flush all small schedule 40
piping. Replace all the old
institutional fire sprinkler heads with
new ones. Parts and labor included
in the 6-8 week window a lotted per
building. D Block pre action system
Accepted By
SUBTOTAL 343,772.00
TAX 0.00
TOTAL $343,772.00
Accepted Date
Page 229 of 386
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Indian River
County, Florida
Memorandum
Indian River county
Administration Complex
180127th street
Vero Beach, Florida 32960
Indian River County Website
i
File ID: Type: Meeting Date:
2026-616 Public Items May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Susan Prado, Deputy County Attorney
Jennifer Shuler, County Attorney
From: Susan Prado, Deputy County Attorney
Date: 04/15/2026
Subject: Local Option Gas Tax Interlocal Agreement/Ordinance Adoption
(Legislative)
Background:
The County's six -cent Local Option Gas Tax program. was adopted in 1986 with: the County
sharing the revenue by interlocal agreements with the five municipalities. In 1995, the County
Staff met with representatives of all five municipalities to discuss extending the program, and on
June 6, 1996, the Local Option Gas Tax agreement was extended for the next 30 :years. It
terminates on August 31', 2026.
As part of that agreement and as is required by Florida Statute Section 3X025(T)(d) and
Chapter 209 of the Indian River County Code, the Board'of County Commissioners conducts a
public hearing every two years. in May to approve a revenue distribution formula for:the Local
Option Gas Tax. This revenue is shared with the five municipalities.based upon, the agreement
upon formula. The last Public Hearing. was on May 21; 202; therefore a public he is
required to be held in accordance with the agreement and Indian River County Code this May of
2026.
Additionally, on an annual basis the Local Option GasTax Distribution Chart is updated and
presented to the Board of County Commissioners and the five municipalities in May: to, approve a
revenue distribution formula for the Local Option Gas Tax. The approved distribution :formula is.
. .... .
then submitted to the Department of Revenue by the October 1 st deadline.
Staff has meet with members of the five municipalities regarding the expiration of the. interlocal
agreements, and the current method of distribution formula for the local option gas tax. Staff.. and
the municipalities came to agreement on updated interlocal agreements and an updated method
of distribution formula for the local option gas tax. Those inter local. agreements have.been
approved by the individual municipalities at a public hearingin front of each,respective
Page 236 of 386
municipality and are now attached for review and approval by the Board.
Analysis:
This Public Hearing shall serve the following three purposes:
1. to enter into new Interlocal Agreements for distribution of the optional gas tax with each of the
five municipalities; and
2. to serve as the public hearing that is required every two years pursuant to Florida Statute
Section 366.025(1)(d) and Chapter 209 of the Indian River County Code; and
3. to amend the ordinance for code sections 209.03 and 209.04 of the Indian River County Code.
Budgetary Impact:
The County and the five municipalities will share the Local Option Gas Tax revenue generated
per the approved distribution chart. These revenues will be deposited into the County's
Secondary Roads Fund/Local Optional Gas Tax account, number 109031-312410. For FY 25/26
the amount budgeted is $3,879,881.
Previous Board Actions:
Approval of the Interlocal Agreements with all 5 municipalities on June 6, 1996, along with
public hearings every two years after to adopt the amended distribution rates.
Potential Future Board Actions:
Public hearings every two years in compliance with Florida Statute Section 336.02(1)(d) to
review the method of distribution of the local option fuel tax revenues.
Possible renewal of the inter local agreements with all 5 municipalities in 30 years upon
expiration of the newly entered into agreements.
Strategic Plan Alignment:
Infrastructure, Governance
Other Plan Alignment:
Staff Recommendation:
Staff recommends that the Board open the public hearing and take comment on the proposed
new interlocal agreements, ordinance amendments, and method of distribution of the local option
fuel tax revenues; close the public hearing and make a motion to adopt the ordinance changes to
Section 209.03 and 209.04 of the Indian River County Code, approve the updated method of
distribution of the local option fuel tax revenues, and approve all 5 interlocal agreements with the
5 different municipalities allowing the Chair to execute same.
Attachments:
Page 237 of 386
1. Vero Beach Signed ILA
2. Sebastian Signed ILA
3. Fellsmere Signed ILA
4. Orchid Signed ILA
5. IRS Signed ILA
6. IRC Business Impact Estimate - LOGT - DRAFT vl
7. Ordinance (V2)
8. Affidavit of Publication - LOGT Ordinance and Interlocal Agreements
Page 238 of 386
INTERLOCAL AGREEMENT FOR OPTIONAL GAS TAX
DISTRIBUTION BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
CITY OF VERO BEACH, FLORIDA
THIS INTERLOCAL AGREEMENT is entered into as of this /d day of
ryCt rc. I, , 2026, by and between INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the state of Florida, by and though its Board of County Commissioners (hereinafter
referred to as "COUNTY") and the CITY OF VERO BEACH, FLORIDA, a municipal
corporation under the laws of the state of Florida (hereinafter referred to as "CITY,") for the
purpose of providing for the division and distribution of the proceeds of the local option gas tax
imposed by the COUNTY pursuant to Florida Statutes Section 336.025.
WITNESSETH:
WHEREAS, Florida Statutes Section 336.025 grants the COUNTY the authority to levy,
in addition to other taxes allowed by law, a local option gas tax upon every gallon of motor fuel
and special fuel sold in the COUNTY and taxed under the provisions of Chapter 206, Florida
Statutes; and,
WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal
agreement with one or more of the municipalities located within the COUNTY representing a
majority of the incorporated area population within the county, a distribution formula for dividing
the proceeds of the local option gas tax among the COUNTY government and all eligible
municipalities within the COUNTY, and,
WHEREAS, the CITY is a municipality located within Indian River County, Florida, and
the CITY represents that the CITY is eligible to receive a portion of the local gas tax as imposed
by the Indian River County Local Option Gas Tax Ordinance, and desires to jointly establish with
the COUNTY a distribution formula pursuant to Florida Statutes Section 336.025(3)(a)(1).
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter set forth pursuant to the statutory authority set forth herein, the
COUNTY and the CITY agrees as follows:
Page 1 of 4
Page 239 of 386
1. The proceeds of the local gas tax shall be divided among and distributed to the
COUNTY and the eligible municipalities within the COUNTY as follows:
RECIPIENT
Indian River County
City of Vero Beach
City of Fellsmere
City of Sebastian
Town of Orchid
Town of Indian River Shores
SHARE OF PROCEEDS
70.316039%
9.723878%
2.756476%
15.472814%
0.291454%
1.439338%
2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be
based upon the following formula:
1/2 of the entity's percentage of total equivalent lane miles of road plus 1/2 of the entity's total
percentage of population based upon most recent estimate from the University of Florida Bureau
of Economic and Business Research (BEBR). Said formula shall be reviewed every two years,
with each municipality reporting the items noted above to the Public Works Director by April 301
with a public hearing following in May to discuss and adopt the distribution formula that the
County will provide to the Florida State Department of Revenue, and will take effect starting
September 1, 2028. Recalculation of the distribution shall be the only portion of the agreement
subject to change every two years at the two-year review.
3. This agreement shall take effect on September 1, 2026, and shall terminate on August
31, 2056. This agreement shall also govern the division and distribution of proceeds of the local
option gas tax imposed through August 3151 but not collected or otherwise available for distribution
until after August 3151 of the year the agreement terminates.
4. If, during the tern of this agreement, any party hereto becomes ineligible to receive a
share of the local option gas tax for any reason, any funds otherwise undistributed because of
ineligibility shall be distributed to eligible governments within COUNTY in proportion to other
monies distributed pursuant to paragraph 1 herein and the share shall be calculated pursuant to the
formula contained within paragraph 2 herein.
5. By execution of this agreement, neither the COUNTY nor the CITY will be deemed
Page 2 or4
Page 240 of 386
to have waived any rights or remedies they may have available under the laws of the State of
Florida.
6. This agreement shall be executed in duplicate and each fully executed contract shall be
deemed an original instrument.
7. Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the
COUNTY shall provide the State of Florida Department of Revenue with the distribution
proportions established by this agreement.
8. A copy of this agreement and all subsequent amendments hereto shall be recorded in
the Public Records of Indian River County, Florida, upon its execution and all parties hereto.
9. This agreement may be amended only in writing with the approval of all parties
executing this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to be
executed by their duly authorized officials on the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the state of Florida, by its
BOARD OF COUNTY COMMISSIONERS
By:
Deryl Loar, Chairman
ATTEST:
By:
Ryan L. Butler, County Clerk and Comptroller
APPROVED:
John A. Titkanich, Jr., County Administrator
Approved as to Form and Legal Sufficiency:
Susan J. Prado, Deputy County Attorney
Page 3 of 4
Page 241 of 386
ATTEST:
C LS4�11" - A�
Sherri Philo
City Clerk
Seal:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF VERO BEACH, FLORIDA, a
municipal corporation under the laws of the
state of Florida
B.
J E. Cotugi
ayor
Date: (-3/z 24
The foregoing instrument was acknowledged before me by means of Rr physical presence
or ❑ online notarization this 136-1, day of J%%creA , 2026, by John E. Cotugno, as
Mayor, and attested by Sherri Philo, as City Clerk, of the City of Vero Beach, Florida. Both are
personally known to me.
Sign:
:s�4'n'=; RITAKCHARTIER otary Public, State of Florida at Large
Seal: � � AIYCOMNISSIONNHH653366 Print Name: •¢ iA4 X �'hal-1-1^n,-
°``' EXPIRES:Mercht9,2028 Notary Connmission No.:
My Commission Expires:
ADMINISTRATIVE REVIEW
(For Internal Use Only -Sec. 2-77 COVB Code)
Approved as to form and legal sufficiency
for CCOOVB only:
JoV S. Turner
City Attorney
Approved as to financial requirements:
L sa . Burnham
Finance Director
Page 4 of 4
Approved as conforming to municipal
policy:
4-1-4k
Monte K. Falls, P.E.
City Manager
Approved as to technical requirements:
Aaye5 '/MI 6.
Matthew T. Mitts, P.E.
Public Works Director
Page 242 of 386
INTERLOCAL AGREEMENT FOR OPTIONAL GAS TAX DISTRIBUTION
Between
INDIAN RIVER COUNTY, FLORIDA
And
CITY OF SEBASTIAN
THIS INTERLOCAL AGREEMENT, entered into this ASS day oNd-re.h , 2026, by
and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the state of Florida,
by and though its Board of County Commissioners, hereinafter referred to as COUNTY and the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as
CITY, for the purpose of providing for the division and distribution of the proceeds of the local
option gas tax imposed by the COUNTY pursuant to Florida Statutes Section 336.025.
WITTNESSETH:
WHEREAS, Florida Statutes Section 336.025 grants the COUNTY the authority to levy,
in addition to other taxes allowed by law, a local option gas tax upon every gallon of motor fuel
and special fuel sold in the COUNTY and taxed under the provisions of Chapter 206, Florida
Statutes; and
WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal
agreement with one or more of the municipalities located within the COUNTY representing a
majority of the incorporated area population within the county, a distribution formula for dividing
the proceeds of the local option gas tax among the COUNTY government and all eligible
municipalities within the COUNTY; and
WHEREAS, the CITY is a municipality located within Indian River County, Forida and
the CITY represents that the CITY is eligible to receive a portion of the local gas tax as imposed
by the Indian River County Local Option Gas Tax Ordinance, and desires to jointly establish with
the COUNTY a distribution formula pursuant to Florida Statutes Section 336.025(3)(a)(1).
Page 243 of 386
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter set forth pursuant to the statutory authority set forth herein, the
COUNTY and the CITY agrees as follows:
1. The proceeds of the local gas tax shall be divided among and distributed to the
COUNTY and the eligible municipalities within the COUNTY as follows:
RECIPIENT
Indian River County
City of Vero Beach
City of Fellsmere
City of Sebastian
Town of Orchid
Town of Indian River Shores
SHARE OF PROCEEDS
70.316039%
9.723878%
2.756476%
15.472814%
0.291454%
1.439338%
2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be
based upon the following formula:
1/2 of the entity's percentage of total equivalent lane miles of road plus 1/2 of the entity's total
percentage of population based upon most recent estimate from the University of Florida Bureau
of Economic and Business Research (BEBR). Said formula shall be reviewed every two years with
each municipality reporting the items noted above to the Public Works Director by April 30th with
a public hearing following in May to discuss and adopt the distribution formula that the County
will provide to the Florida State Department of Revenue and will take effect starting September 1,
2028. Recalculation of the distribution shall be the only portion of the agreement subject to change
every two years at the two-year review.
3_ This agreement shall take effect on September 1, 2026, and shall terminate on August
31, 2056. This agreement shall also govern the division and distribution of proceeds of the local
option gas tax imposed through August 31St but not collected or otherwise available for distribution
until after August 31" of the year the agreement terminates.
4. If, during the term of this agreement, any party hereto becomes ineligible to receive a
share of the local option gas tax for any reason, any funds otherwise undistributed because of
ineligibility shall be distributed to eligible governments within COUNTY in proportion to other
Page 244 of 386
monies distributed pursuant to paragraph 1 herein and the share shall be calculated pursuant to the
formula contained within paragraph 2 herein.
5. By execution of this agreement, neither the COUNTY nor the CITY will be deemed
to have waived any rights or remedies they may have available under the laws of the State of
Florida.
6. This agreement shall be executed in duplicate and each fully executed contract shall be
deemed an original instrument.
7. Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the
COUNTY shall provide the State of Florida Department of Revenue with the distribution
proportions established by this agreement.
I
8. A copy of this agreement and all subsequent amendments hereto shall be recorded in
the Public Records of Indian River County, Florida, upon its execution and all parties hereto.
9. This agreement may be amended only in writing with the approval of all parties
executing this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to
be executed by their duly authorized officials on the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA
By its BOARD OF COUNTY COMMISSIONERS
Chairman
I
i
7
t
E
Attested to by Ryan L. Butler,
Clerk of the Circuit Court and Comptroller
LIZ
Page 245 of 386
Deputy Clerk
Approved as to Form and Legal Sufficiency
By:
Susan J. Prado, Deputy County Attorney
Attest
Approv gal form and sufficiency:
James . tokes, City Attorney
Page 246 of 386
INTERLOCAL AGREEMENT FOR OPTIONAL GAS TAX DISTRIBUTION
Between
INDIAN RIVER COUNTY, FLORIDA
And
CITY OF FELLSMERE
THIS INTERLOCAL AGREDEMENT, entered into this day of , 2026, by and
between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the state of Florida, by
and though its Board of County Commissioners, hereinafter referred to as COUNTY and the CITY
OF FELLSMERE, a municipal corporation of the State of Florida, hereinafter referred to as CITY,
for the purpose of providing for the division and distribution of the proceeds of the local option
gas tax imposed by the COUNTY pursuant to Florida Statutes Section 336.025.
WITTNESSETH:
WHEREAS, Florida Statutes Section 336.025 grants the COUNTY the authority to levy,
in addition to other taxes allowed by law, a local option gas tax upon every gallon of motor fuel
and special fuel sold in the COUNTY and taxed under the provisions of Chapter 206, Florida
Statutes; and
WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal
agreement with one or more of the municipalities located within the COUNTY representing a z
majority of the incorporated area population within the county, a distribution formula for dividing
the proceeds of the local option gas tax among the COUNTY government and all eligible
municipalities within the COUNTY; and
WHEREAS, the CITY is a municipality located within Indian River County, Forida and
the CITY represents that the CITY is eligible to receive a portion of the local gas tax as imposed
by the Indian River County Local Option Gas Tax Ordinance, and desires to jointly establish with
the COUNTY a distribution formula pursuant to Florida Statutes Section 336.025(3)(a)(1).
Page 247 of 386
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter set forth pursuant to the statutory authority set forth herein, the
COUNTY and the CITY agrees as follows:
1. The proceeds of the local gas tax shall be divided among and distributed to the
COUNTY and the eligible municipalities within the COUNTY as follows:
RECIPIENT
Indian River County
City of Vero Beach
City of Fellsmere
City of Sebastian
Town of Orchid
Town of Indian River Shores
SHARE OF PROCEEDS
70.316039%
9.723878%
2.756476%
15.472814%
0.291454%
1.439338%
2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be
based upon the following formula:
1/2 of the entity's percentage of total equivalent lane miles of road plus 1/2 of the entity's total
percentage of population based upon most recent estimate from the University of Florida Bureau
of Economic and Business Research (BEBR). Said formula shall be reviewed every two years with
each municipality reporting the items noted above to the Public Works Director by April 301h with
a public hearing following in May to discuss and adopt the distribution formula that the County
will provide to the Florida State Department of Revenue and will take effect starting September 1,
2028. Recalculation of the distribution shall be the only portion of the agreement subject to change
every two years at the two-year review.
3. This agreement shall take effect on September 1, 2026, and shall terminate on August
31, 2056. This agreement shall also govern the division and distribution of proceeds of the local
option gas tax imposed through August 31st but not collected or otherwise available for distribution
until after August 31St of the year the agreement terminates.
4. If, during the term of this agreement, any party hereto becomes ineligible to receive a
share of the local option gas tax for any reason, any funds otherwise undistributed because of
ineligibility shall be distributed to eligible governments within COUNTY in proportion to other
Page 248 of 386
monies distributed pursuant to paragraph 1 herein and the share shall be calculated pursuant to the
formula contained within paragraph 2 herein.
5. By execution of this agreement, neither the COUNTY nor the CITY will be deemed
to have waived any rights or remedies they may have available under the laws of the State of
Florida.
6. This agreement shall be executed in duplicate and each fully executed contract shall be
deemed an original instrument.
7. Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the
COUNTY shall provide the State of Florida Department of Revenue with the distribution
proportions established by this agreement.
8. A copy of this agreement and all subsequent amendments hereto shall be recorded in
the Public Records of Indian River County, Florida, upon its execution and all parties hereto.
9. This agreement may be amended only in writing with the approval of all parties
executing this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to
be executed by their duly authorized officials on the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA
By its BOARD OF COUNTY COMMISSIONERS
Chairman
Attested to by Ryan L. Butler,
Clerk of the Circuit Court and Comptroller
am
Page 249 of 386
Deputy Clerk
Approved as to Form and Legal Sufficiency
:
Susan J. Prado, Deputy County Attorney
Atte t by:
G
Maria Suarez-SarAez, City Cl rk
City of Fellsmere
Approved as to legal form and sufficiency:
711,,
Warren Dill,— itytt rney
City of Fellsmere
14
Jes ca Salgado, May
OV FELIS",,o
SEAL • -
OF FA -0
least
Page 250 of 386
INTERLOCAL AGREEMENT FOR OPTIONAL GAS TAX DISTRIBUTION BETWEEN
INDIAN RIVER COUNTY, FLORIDA AND TOWN OF ORCHID, FLORIDA
THIS INTERLOCAL AGREEMENT, entered into this day of , 2026, by and
between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the state of Florida,
by and though its Board of County Commissioners, hereinafter referred to as COUNTY and the
TOWN OF ORCHID, a municipal corporation of the State of Florida, hereinafter referred to as
TOWN, for the purpose of providing for the division and distribution of the proceeds of the local
option gas tax imposed by the COUNTY pursuant to Florida Statutes Section 336.025.
WITNESSETH:
WHEREAS, Florida Statutes Section 336.025 grants the COUNTY the authority to levy,
in addition to other taxes allowed by law, a local option gas tax upon every gallon of motor fuel
and special fuel sold in the COUNTY and taxed under the provisions of Chapter 206, Florida
Statutes; and
WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal
agreement with one or more of the municipalities located within the COUNTY representing a
majority of the incorporated area population within the county, a distribution formula for dividing
the proceeds of the local option gas tax among the COUNTY government and all eligible
municipalities within the COUNTY; and
WHEREAS, the TOWN is a municipality located within Indian River County, Forida
and the TOWN represents that the TOWN is eligible to receive a portion of the local gas tax as
imposed by the Indian River County Local Option Gas Tax Ordinance, and desires to jointly
establish with the COUNTY a distribution formula pursuant to Florida Statutes Section
336.025(3)(a)(1).
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter set forth pursuant to the statutory authority set forth herein,
the COUNTY and the TOWN agrees as follows:
1. The proceeds of the local gas tax shall be divided among and distributed to the
COUNTY and the eligible municipalities within the COUNTY as follows during the
first year of this Agreement, after which it shall be distributed based on the formula in
paragraph 2 herein:
RECIPIENTS
Indian River County
City of Vero Beach
City of Fellsmere
City of Sebastian
Town of Orchid
Town of Indian River Shores
SHARE OF PROCEEDS
70.316039%
9.723878%
2.756476%
15.472814%
0.291454%
1.439338%
Page 1 of 3
Page 251 of 386
2. The division and distribution of local gas tax proceeds after the first year of this
agreement shall be based upon the following formula:
1/2 of the entity's percentage of total equivalent lane miles of road plus 1/2 of the
entity's total percentage of population based upon most recent estimate from the
University of Florida Bureau of Economic and Business Research (BEBR).
Said formula shall be reviewed every two years with each municipality reporting the
items noted above to the Public Works Director by April 30'h with a public hearing
following in May to discuss and adopt the distribution that the COUNTY will provide
to the Florida State Department of Revenue and will take effect starting September 1
of that year. Recalculation of the distribution shall be the only portion of the agreement
subject to change every two years at the two-year review.
3. This agreement shall take effect on September 1, 2026, and shall terminate on August
31, 2056. This agreement shall also govern the division and distribution of proceeds of
the local option gas tax imposed through August 31 but not collected or otherwise
available for distribution until after August 31 of the year the agreement terminates.
4. If, during the term of this agreement, any party hereto becomes ineligible to receive a
share of the local option gas tax for any reason, any funds otherwise undistributed
because of ineligibility shall be distributed to eligible governments within COUNTY
listed in paragraph 1 herein and the share shall be calculated pursuant to the formula
contained within paragraph 2 herein.
5. By execution of this agreement, neither the COUNTY nor the TOWN will be deemed
to have waived any rights or remedies they may have available under the laws of the
State of Florida.
6. This agreement shall be executed in duplicate and each fully executed contract shall
be deemed an original instrument.
7. Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the
COUNTY shall provide the State of Florida Department of Revenue with the
distribution proportions established by this agreement.
8. A copy of this agreement and all subsequent amendments hereto shall be recorded in
the Public Records of Indian River County, Florida, upon its execution by all parties
hereto.
9. This agreement may be amended only in writing with the approval of all parties
executing this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement
to be executed by their duly authorized officials on the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA
By its BOARD OF COUNTY COMMISSIONERS
Page 2 of 3
Deryl Loar, Chairman
Page 252 of 386
Attested to by Ryan L. Butler,
Clerk of the Circuit Court and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
By:
Susan J. Prado, Deputy County Attorney
Attested to by Jane Garcia, MMC
(-"*,\CA ► n I i ,.
Clerk
App'roGed as to Form and Legal Sufficiency:
—;� t UL
By:
D. Johnathan odeback, To Attorney
Page 3 of 3
TOWN OF ORCHID, FLORIDA
By its TOWN COUNCIL
bert J. Gibbons, Mayor
Page 253 of 386
Page 254 of 386
NOW, THEREFORE, in consideration of the mutual terms, Conditions, promises,
covenants and premises hereinafter set forth pursuant to the statutory authority set forth herein, the
COUNTY and the TOWN agrees as follows:
1. The proceeds of the local gas tax shall be divided among and distributed to the
COUNTY and the eligible municipalities within
:the COUNTY as follows:
RECIPIENT
_SHARE OF PROCEEDS
Indian: River County
70.316039%
City of Vero Beach
9.723878%a
City of Fellsmere
2.756476°10
City of Sebastian
15.4728140%
Town of Orchid
0:291454%
Town of Indian River Shores
1.439338%
2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be
based upon the following. fOrmula:
1/2 of the entity's percentage of total equivalent lane miles of road plus 1/2 of the entity's total
percentage of population based upon most recent: estimate from the University of Florida Bureau
of Economic and Business Research (BEBR). Said formula shall be reviewed every two years with
each municipality reporting the items noted above to the Public Works Director by April 30th with
a public hearing following in May to discuss and adopt the distribution formula that the County
will provide to the Florida State Department. of Revenue and will take effect starting September 1,
2028. Recalculation of the distribution shall be the only portion of the agreement subject to change
every two years at the two-year. review.
3. This agreement shall take effect on September 1; 2026, and shall tminate on August
31, 2056. This agreement shall alsogovern.the division and distribution of proceeds of the local
a
option gas tax imposed.through August 31 but not collected or otherwise available for distribution
until after August 31'. of the year the agreement terminates.
4. If, during the term of this agreement, any party hereto becomes ineligible to receive a
share of the .local option gas tax for any reason, any funds otherwise. undistributed because of
ineligibility shall be distributed to eligible governments within. COUNTY in proportion to other
Page 255 of 386
monies distributed pursuant to paragraph 1 herein and the share sha11 be calculated purstu& to the
Att
Deputy Clerk
Approved as to Form and Legal Sufficiency
By:
Susan J. Prado, Deputy County Attorney
legal form and sufficiency:
Indian River County, Florida
Business Impact Estimate
Florida law requires that before the County adopts a new ordinance, it must prepare a Business
Impact Estimate that complies with Sec. 125.66(3), Fla. Stat. There are several exemptions to
this requirement, which are outlined in the statute. This Business Impact Estimate form is provided
to document compliance with and exemption from the requirements of Sec. 125.66(3), Fla Stat. If
one or more boxes are checked below under "Applicable Exemptions," this indicates that Indian
River County has determined that a business impact estimate is not required by law for the
proposed ordinance. If no exemption is identified a business impact estimate is required by Sec.
125.66(3), Fla. Stat. and must be provided in the "Business Impact Estimate" section below. This
Business Impact Estimate Form may be revised following its initial posting.
Proposed ordinance's title/reference:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING THE LOCAL
OPTION GAS TAX FOR 30 YEARS AND AMMENDING THE DISPOSITION
PROCEEDS.
Applicable Exemptions
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Comprehensive plan amendments and land development regulation
amendments initiated by an application by a private party other than the
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate:
Indian River County hereby publishes the following information:
1
Note to Staff: This form should be completed and included in the
Business Impact Estimate Form agenda packet for the item which the proposed ordinance is to be
Form revised 10/21/24 considered and must be posted on the Indian River County's Website
by the time notice of the proposed ordinance is published.
Pag 258 of 386
1. Summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals, and welfare):
Local governments may collect a local option gas tax pursuant to Florida Statute
336.025. The County currently has an ordinance that provides for the expiration of the
local option gas tax on August 31, 2025, and also has a codified method of disposition
for the current local option gas taxes being collected. As the timeframe for imposing
this tax is due to expire an amended ordinance is needed to reflect the updated time
frame as well as the newly desired disposition method agreed to by the surrounding
municipalities. This proposed ordinance amends the existing disposition of local option
gas tax proceeds and amends the effective dates for which the local option gas tax will
be imposed in chapter 209 of the Indian River Code. The proposed ordinance shall
continue to serve the public purpose of providing funding for transportation needs and
improvements such as roads.
(a) An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
None. This is merely an extension of what is already in place.
(b) Identification of any new charge or fee on businesses subject to the proposed
ordinance, or for which businesses will be financially responsible:
None. This is merely an extension of what is already in place.
(c) An estimate of the County's regulatory costs, including an estimate of revenues
from any new charges or fees that will be imposed on businesses to cover such
costs:
None. This is merely an extension of what is already in place.
3. A good faith estimate of the number of businesses likely to be impacted by the
ordinance:
This ordinance is does not create any new obligations on the businesses that are
collecting the funds from the gas proceeds and remitting them. It simply extends the
current requirements for another 30 -year term.
4. Additional information the governing body determines may be useful (if any):
N/A
2 Note to Staff: This form should be completed and included in the
Business Impact Estimate Form agenda packet for the item which the proposed ordinance is to be
Form revised 10/21/24 considered and must be posted on the Indian River County's Website
by the time notice of the proposed ordinance is published.
259 of 386
ORDINANCE NO. 2026 -
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING THE
LOCAL OPTION GAS TAX FOR 30 YEARS AND AMMENDING THE
DISPOSITION PROCEEDS.
WHEREAS, Section 336.025, F.S. authorizes the levy of a local option gas
tax; and
WHEREAS, the County adopted an ordinance establishing said tax
(Chapter 209, Indian River County Code); and
WHEREAS, said tax has a current termination date of August 31, 2026; and
WHEREAS, an extension of this tax for the maximum period allowed by law
is in the public interest; and
WHEREAS, the disposition of proceeds should also be addressed,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that the Indian River County Code
Section 209.03 (Effective Date) and Section 209.04 (Disposition of Proceeds) be
amended as follows:
SECTION # 1:
Amend Indian River County Code Section 209.03, Effective Date; as
follows:
The tax imposition hereby made shall be effective from September 1, 1996
2026_to August 31, 2-06 2056, both inclusive.
SECTION # 2:
Amend Indian River County Code Section 209.04(b), Disposition of
Proceeds; as follows:
(b) Each year, during the term of the imposition of this tax, the division and
distribution of tax proceeds under this article shall be evaluated and
recalculated based upon the following formula: The n„r,.,,r,tage of tetal
revenue .,Ileoated to n oh oligib o entity equals one third (%) of the
il..Vl,11UV UlIVI.0
entity's n ereiMlage of+o+,l equivalent lane miles of read plus o third
(1/) of the entity's perGentage of + a no tatie expenditures over the
previous five (5) years plus nno_+hird (V) of the entity's total percentage
of population siding in the area based upon the mn + n + estimate
1
Bold Underline: Additions to Ordinance
c+r* gh: Deleted Text from Existing Ordinance
Page 260 of 386
ORDINANCE NO. 2026-
#e
m the
Fleruda
B uFea
w
of Cees
and
Buso ess
Reseamh.1/2
ofthe
entity's
percentage
of total
equivalent
lane
miles
of road
plus %
of the
entity's
total
percentage
of population
based
upon
the
most
recent
estimate
from
the
University
of Florida
Bureau
of Economic
and
Business
Research
(BEBR).
Said
formula
shall be
reviewed
every
two
SECTION #3: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of
competent jurisdiction to be unconstitutional or invalid for any cause or reason,
the same shall be eliminated from this Ordinance and the remaining portion of this
Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or
in conflict with the provisions of this Ordinance are repealed to the extent of such
inconsistency or conflict.
SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Indian River County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION #6: EFFECTIVE DATE
This Ordinance shall take effect on September 1, 2026.
This ordinance was advertised in the Indian River Press Journal on the 1 st day of May, 2026,
for a public hearing to be held on the 19th day of May, 2026, at which time it was moved for
approval and adoption by Commissioner seconded by Commissioner
, and adopted by the following vote:
2
Bold Underline: Additions to Ordinance
StF*1(8 R: Deleted Textfrom Existing Ordinance
Page 261 of 386
ORDINANCE NO. 2026 -
Chairman Deryl Loar
Vice Chairman Laura Moss
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Joseph H. Earman
The Chairman there upon declared the ordinance duly passed and adopted this
day of , 2026.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Deryl Loar, Chairman
ATTEST: Ryan L. Butler, Clerk of Court
and Comptroller
YA
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Susan J. Prado, Deputy County Attorney
3
Bold Underline: Additions to Ordinance
ileugh: Deleted Text from Existing Ordinance
Page 262 of 386
USA TODAY CO.
* LocaliQ PO Box 631244 Cincinnati, OH 45263-1244
AFFIDAVIT OF PUBLICATION
NOUM OP USTSW • PUBLIC "CARING.
IS HEREBY GIVEN Mt the _COard of County ComnNasionen of
a
River coutN'3c
dy,:iFlprtda, wRI ta>alduct ,.Pualtc tt.,.rho to eenaider
l local tIP�1e!I fAa L.R. IRa gp406d brbrloeal adres-
C9gr Cft
Nadia Westerik
wkh the of Wro heM City ai > h. of ieNs"Win,r
o endhn River shahs and town qr onahw. and cwnlderatteir ro:
Indian River County Attgtaays Offlee
M the amended ordinance entitled:
AN ORDINACNE OF INDIAN RIVER COUNTY.-
OPTION
1801 27TI1 ST
FLORIDA
TAX FOR 30 YEARS AND ENDING THE LOCAL MENDING:TNE AS
Beach FL 32960-3388
DISPOSVero
The Public Hearing will be held on TuesPROCEEDS. 2.2026 at 9:05 a.m., or
as soon thereafter as the matter may be heard, in the County Commission
Chambers located on the first floor of Building A of the County Administra-
tive Complex, 1801 47th Street, Vero Beach, Florida 32960, at which time
interested parties may be heard with respect to the proposed resolution.
STATE OF WISCONSIN, COUNTY OF BROWN
The proposed ordinance May be inspected by the public during regular
business hours (8:30 arm: 'to 5:00 p.m., Monday through Friday) at the -
County Attorney's Office loeated on the second floor of Building A of the
Before the undersigned authority personally appeared, who
County Administrative Complex, 1801 27th Street, Vero Beach, Florida; or
alternatively, the agreement may be inspected atlL9RY
on oath says that he or she is the Legal Advertising
Anyone who may wish to appeal any decision which may be made at this
meeting gilt Meed to ensure that a verbatim record of the proceedings is
Representative of the Indian River Press Journal/St Lucie
made, rktrlcfi includes testimony and evidence upon which the appeal is
based.
Anyone who needs a special accommodation for this meeting must contact
News Tribune/Stuart News, newspapers published in Indian
theGout s Americans With Disabilities Act (ADA) Coordinator at
772-226'-Ul at least 48 hours in advance of the meeting
River/St Lucie/Martin Counties, Florida; that the attached
INDIAN VER COUNTY BOARD OF COUNTY
COMMI ERS
copy of advertisement, being a Legal Ad in the matter of
RYLaflAR CHAIRMAN
p =assfio7 osiD,i2026
Govt Public Notices, was published on the publicly
accessible websites of Indian River/St Lucie/Martin
Counties, Florida, or in a newspaper by print in the issues
is
of, on:
SCN Stlucie-IndianRv-Stuart 05/01/2026
FEW VW
SCN tcpalm.com 05/01/2026
7
Affiant further says that the website or newspaper complies
tndi�l? f.
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 05/01/2026
Legal Clerk
Notary, State of WI, 00unty 093rg4m
My commission expires
Publication Cost: $127.44
Tax Amount: $0.00
Payment Cost: $127.44
Order No: 12257807 # of Copies:
Customer No: 1125303 1
PO #: Hearing - Gas Tax
THIS IS NOT AN INVOICE!
-
Please do not use this form for payment remittance.
KONGMENG: YANG
.Notary Public
P,lge:t Of t
State ,of Wisconsin:
Page 263 of 386
Indian River
County, Florida
Indian River County
Administration Complex
180127th street
Vero Beach, Florida 32960
Indian River County Website
+`ZpR19�' Memorandum
File ID: Type: Meet[ng Date:
2026-621 Public Items May :19, 2026
To: Board of County. Commissioners
Through: John Titkanich Jr., County Administrator
Jennifer Shuler, County Attorney
From: Susan Prado, Deputy County Ationney
Date: 04/16/2026
Subject: Reams Glen Amended and Reinstated Developer Agreement
Background:
Indian River County entered into a Developer Agreement with the property owner/developer,
Novaland, LLC, a Florida limited liability company for property located in the Reams Glen
Subdivision on August 20, 2024. This agreement was to allow for the construction and extension
of water mains and sewer lines to the properties owned by the owner/developer. The: original
Developer Agreement called for the owner/developer to obtain easements from the surrounding
property owners to place the utility and sewer lines in the private right of way which lies
adjacent to the properties being developed. The owner/developer was unable to obtain the
easements as the surrounding property owners refused, to grant them. The property
owner/developer has come back and asked the utilities department let them construct the new
utilities/sewer lines in the already existing rear lot utility easements. The utilities department has
agreed to allow the use of the rear lot easements. This has caused the need for a reworked
water/sewer line plan and an amended Developer Agreement between the County and the
owner/developer for the new terms and placement of the utility/sewer lines Pursuant to Florida
Statue.Section 163.3225 there are two public hearings required for the approval of any proposed
or amended developer's agreement. This hearing shall serve as the second of the two'required
public hearings. The first required public hearing was held on May Rh at 9:05 am or as soon
thereafter.
Analysis:
Budgetary Impact:
Funds in the amount $146,679.25, for this project are derived from the is Jtilites/WIP/Reams Glen:: .
WM Extension account, number 471-169000-24523. Utilities capital funds are derived: from
water and sewer sales.
Page 264 of 386
Description Account Number Amount
Utilities/WIP/Reams Glen WM 471-169000-24523 $146,679.25
Extension
The cost of recording the Developer's Agreement is estimated to be $270.00 and will be funded
from Account No.:47123536-033110 Utilities/General & Engineering/Legal Services.
The cost of publication of the required public notice for the public hearing(s) is estimated to be
$390.00. The cost will be funded from Account No.:47123536-034810 Utilities/General &
Engineering/Advertising-Except Legal.
Previous Board Actions:
Approval of Original Developer Agreement on August 20, 2024.
First public hearing on the Amended and Reinstated Developer Agreement on May 5, 2026.
Potential Future Board Actions:
None
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Staff recommends that the Board review the Proposed Amended and Reinstated Developer
Agreement, open the public hearing for comment, close the public hearing and approve the
Amended and Reinstated Developer Agreement and allow the Chairman to execute same.
Attachments:
1. Amended and Reinstated DA (Developer Signature)
2. reams glen
3. affidavit
Page 265 of 386
Record and Return To:
Indian River County Attorney's Office
Attn: Susan Prado
1801 27th Street
Vero Beach, Florida 32960
[blank space above line reserved for recording data]
AMENDED AND REINSTATED 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 NOVALAND, LLC, a Florida limited liability company, p y, QIRIMLI, LLC, a
Florida limited liability company, and US INVEST BOND, LLC, a Florida limited liability
company (hereinafter referred to as "Developers"),
RECITALS
WHEREAS, the Developers own and intend to develop certain real property located at
916-9357 TH Place and 910-946 7" Street, in the Reams Glen Subdivision in unincorporated 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 Developers 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 August 20, 2024, the Board of County Commissioners (the "BCC")
approved the Developer's Agreement for this Project attached hereto and incorporated herein by
reference as Exhibit "D"; and
WHEREAS, the Project has changed and those changes require amendments to the
Developers Agreement that was entered into on August 20, 2024; 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 Developers 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.
Page 266 of 386
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein and other good and valuable consideration, the Developers and the County enter this
Amended and Reinstated Developers' 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 ofAgreement.
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 Developers after two (2)
public hearings, consistent with Florida Statute.
Section 3. The Proiect.
A. Uses/Densities/Design Guidelines.
i. Use. Development of the Project shall exclusively include residential use,
single-family, single -story dwelling units as depicted on the Preliminary Plan, as approved by the
County.
ii. Densi . The current zoning is RM -6 which means the maximum allowed
density is 6 dwelling units per acre and this is what it being developed.
B. Utility Services.
The Developers 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
Developers 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 Developers must obtain all necessary governmental
approvals and permits prior to utilization of any potable water or wastewater collection utility
system constructed by Developers.
i. Potable Water Distribution and Wastewater Collection.
The Project will be served by public water and sewer service provided by County
Utility Services. The Developers will construct or cause to be constructed all necessary potable
and wastewater service infrastructure within the Project as well as some lines that will serve more
than the lots being developed. Therefore, the County Utility Services Department is going to share
the costs of the installation of the water and sewer service. The change from the Original
Development Agreement to this Amended and Reinstated Development agreement is due to the
Developers being unable to secure all of the necessary utility easements to install the water mains
and services along the fronts of the homes, as required by Indian River County Department of
Page 267 of 386
Utility Services. Due to this the Developers received approval from the Department to redesign
the water service extension to be installed within the existing, platted, rear -lot utility easements
(Potable Water Main Extension Plan attached hereto and incorporated herein by reference as
Exhibit "B"). To accommodate the rear -lot utility easements, larger water mains and a fire hydrant
were eliminated from the project. As a result, the total estimated project cost has increased from
$306,387.66 to $ 314,178.25 . The Developers will be responsible for 53.3% of the total
project cost, or $ 167,499.00 and the County will be responsible for 46.7% of the cost, or
up to $ 146,679.25 . Any cost over and above the $ 314,178.25 estimated
project cost will be the responsibility of the Developers. (Approved Certified Cost Estimate
attached hereto and incorporated herein by reference as Exhibit "C").
Upon completion all utility lines shall be turned over to and accepted by the County
pursuant to applicable County Code Requirements, including but not limited to the 1 -year
security/warranty agreement. Water service and wastewater collection service shall be available
to each area of the Project in adequate volume.
C. 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.
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 Developers acknowledge that,
notwithstanding this Agreement, the Developers 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. Developers 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.
Page 268 of 386
Section 5. Other Development Approvals.
The Developers acknowledge and agree that they 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. Consistency with Comprehensive Plan.
The County finds that the development permitted or proposed in this Agreement is
consistent with the Indian River County Comprehensive Plan.
B. 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.
C. No Precedent from Agreement.
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.
D. 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 Developers 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.
E. 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 govem 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.
Page 269 of 386
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 Developers or the
County that may vest pursuant to common law.
F. 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 Developers of its intention to undertake the
Annual Review and the necessity for the Developers 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 Developers along with their last known address and any contact information.
D. An assessment of the Developers' compliance with each condition of approval set
forth in this Agreement.
Page 270 of 386
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 Developers during an annual review shall be limited
to that necessary to determine the extent to which the Developers are proceeding in good faith to
comply with the terms of this Agreement. If the County finds 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 I Remedies.
If the Developers or the County fail to carry out any of its covenants herein
contained, the County and the Developers 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 Developers will be given
an opportunity to rebut the determination that the requirements of this Agreement, or any
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 Developers are 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 boon 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
Page 271 of 386
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 Developers: Novaland, LLC
Attn: Asan Karikov
6257 Arcadia Square
Vero Beach, FL 32966
QIRIMLI, LLC
Attn: Rusteem Memetov
366 Colonial Blvd.
Township of Washinton, NJ 07676
US INVEST BOND, LLC
Attn: Asan Karikov
6257 Arcadia Square
Vero Beach, FL 32966
As to the County: Indian River County Board of County
Commissioners
Attn: County Administrator
1801 27"' Street
Vero Beach, Florida 32960
And a copy to: Indian River County Attorneys' Office
Attn: County Attorney
180127" 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
conununications 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
Page 272 of 386
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.
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 final development
order has been issued. Any application for a final 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 final 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
Page 273 of 386
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.
(Signatures to Follow on Next Page)
Page 274 of 386
IN WITNESS WHEREOF, the parties have signed and delivered this Agreement, effective as
of the Effective Date.
Signed in the presence of:
Witness 1:
Signature:
Print Name:
Address:
Witness 2:
Signature: '
A ALIA+
Print Name:
0-4,i c
Address: a ( o SS
I rl k 4
ve.r)
STATE OF FLORIDA
COUNTY OF
DEVELOPER:
NOVALAND, LLC, a Florida limited liability
company
By: .'O�/
Print N e: Asan Karikov
Its: Mana er
Date:O V
Adress: 6 57 ArC' ai Square
Vero Beach, FL 32966
The forgoing instrument was acknowledged before me by means of X physical presence
or _ online notarization, this day of 2026, by Asan Karikov, the Manager
of Novaland, LLC., a Florida limited liability company, who is _ personally known to me or
X who have produced FL -nq-,v t rc 1 7, .ti.u. as identification
(Notary Seal)
`XLJ�P
Printed Name: ' t /a.S
Notary Public
My Commission Expires: 1114 110 30
da
reµ+' " •,, NIKOLE LYNN PLASSE
®• Notary Public - State of Florida
`- Commission # HH 756644
of My Comm, Expires Jan 14, 2030
Bonded through National Notary Assn.
-11P 011 1
10
Page 275 of 386
Signed in the presence of,
Witness 1:
Signature: �—
Print Name:CA5c� GTd
Address:/(-,,'� -22' S�
Witness 2:
Signature:
Print Name:
Address: I
1 Pte„ & FL 3�c�ca
STATE OF FLORIDA
COUNTY OFSr A-% a,n'R �var
DEVELOPER:
US INVEST BOND, LLC, a Florida limited
liability company
By:
Print N me: Asan Karikov
Its: Mana er
Date: 0 dy
Adress: 62 7 Arcadia Square
Vero Beach, FL 32966
The forgoing instrument was acknowledged before me by means of X physical presence
or _ online notarization, this 14+" day of Mar cis 2026, by Asan Karikov, the Manager
of US INVEST BOND, LLC., a Florida limited liability company, who is _ personally known
to me or X who have produced F L -Drw,.rs as identification.
(Notary Seal)
Printed Name: ; �o l e, 1..l r,n '> l4SSe.
Notary Public
My Commission Expires: 1
NIKOLE LYNN PLASSE
Notary Public go -
State of Florida
Commission N HH 756644
'45
ort} My Comm. Expires Jan 14, 2030
! Bonded through National Notary Assn•
Page 276 of 386
Signed in the presence of:
Witness l:
Signature:
Print Naive: a2i14 W7�V
Address: 36� CD�O/�/�C/ �I✓�
7wip�zpsGvk���,.�
Witness 2: Q
Signature: n
Print Name: N auOL pgkQ
Address: 2'5 fc.y�1,V-'A
CV&A A( t,4 07cart 9
STATE OFBz4
COUNTY OF _ev NIli
DEVELOPER:
QIRIMLI, LLC., a Florida limited liability
company
By: M
gLl
Print Name: Rustem Memetov
Its: Manager
Date: 3/0/ Z O 26
Adress: 940 Sweetwater Lane # 404
Boca Raton, FL 33431
The forgoing instrument was acknowledged before me by means of j- physical
presence or _ online notarization, this C_ day of rylarr— In 2026, by Rustem
Memetov, the Manager of QIRIMLI, LLC., a Florida limited liability company, who is _
personally known to me or _ who have produced p IT 1)(_ as iden 'fication.
(Notary Seal),
Printed Name: rVt e_ j u /mac e.7`� 11
Notary Public J /
iviy Commission Expires:
ME SS -A Ltint4
�r CemMb&o"I fi?,pi:=ss 124!J -3/20a& t
12
Page 277 of 386
BCC Approved:
Approved by:
John A. Titkanich, Jr. County Administrator
THE COUNTY:
INDIAN RIVER COUNTY Board of
County Commissioners, a political
subdivision of the State of Florida
Deryl Loar, Chairman
Date:
ATTEST:
Ryan L. Butler, Clerk of the Circuit Court
and Comptroller
Print Name:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Susan J. Prado, Esq., Deputy County Attorney
13
Page 278 of 386
Exhibit "A"
The Property
Parcel 1: (916 711 Pt)
ALL THAT PART OF LOT 11, BLOCK A. REAMS GLEN SUBDIVISION, AS RECORDED
IN PLAT BOOK 6, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. LESS AND EXCEPT THE WEST 80 FEET THEREOF, AND ALL THAT PART OF
THE "NOT INCLUDED" PARCEL LYING WITHIN THE REAMS GLEN SUBDIVISION AS
RECORDED IN PLAT BOOK 6, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 11, BLOCK A. REAMS GLEN
SUBDIVISION AS RECORDED IN PLAT BOOK 6, PAGE 46 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 89 38'28" EAST ALONG THE
SOUTH LINE OF SAID LOT 11 A DISTANCE OF 137.35 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 11, THENCE RUN NORTH 17 55 ' 28" WEST ALONG THE EAST
LINE OF SAID LOT 11 A DISTANCE OF 1.71 FEETTO THE POINT OF BEGINNING,
FROM THE POINT OF BEGINNING CONTINUE NORTH 17 55'28" WEST ALONG SAID
EAST LINE OF LOT
11 A DISTANCE OF 90.00 FEET TO THE NORTH LINE OF THE AFOREMENTIONED
NOT INCLUDED" PARCEL, THENCE RUN SOUTH 89 38'28" EAST ALONG SAID
NORTH LINE A DISTANCE OF 51.61 FEET, THENCE RUN SOUTH 00 29'02" WESTA
DISTANCE OF 85.46 FEET TO THE SOUTH LINE OF SAID "NOT INCLUDED" PARCEL,
THENCE RUN NORTH 89 38'28" WESTALONG SAID SOUTH LINE A DISTANCE OF
23.19 FEET TO THE POINT OF BEGINNING
Parcel 2: (920 7`h PL)
THE WEST 80.00 FEET OF LOT 11, BLOCK A REAMS GLEN ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 06, PAGE 46, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA.
Parcel 3: (926 711 Pt)
Lot 10, Block A, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6, Page(s)
46, of the Public Records of Indian River County, Florida.
Page 279 of 386
Parcel 4: (Parcel ID No.: 33-39-13-00001-0002-00001.1)
The West 70 feet of Lot 1 and East 10 feet of Lot 2, Block B, Reams Glen Subdivision, according to the
Plat Filed in Plat Book 6, Page 46 of the Office of the Clerk of the Circuit Court of Indian River County,
Florida.
Parcel 5: (915 Th PQ
Lot 2, Less the East 10 feet, Block B, Reams Glen, according to the map or plat thereof, as recorded in
Plat Book 6, Page(s) 46, of the Public Records of Indian River County, Florida.
Parcel 6: (925 7th PL)
Lot 3, Block B, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6, Page(s) 46,
of the Public Records of Indian River County, Florida.
Parcel 7: (935 711 PQ
Lot 4, Block B, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6, Page(s) 46,
of the Public Records of Indian River County, Florida.
Parcel 8: (910 7th Street)
Lot 13, Block B, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6,
Page(s) 46, of the Public Records of Indian River County, Florida.
Parcel 9: ( 920 Th Street)
Lots 10 and 11, Block B, Reams Glen Subdivision, according to the plat filed in Plat Book 6, Page 46, of
the Public Records of Indian River County, Florida.
Parcel 10: ( 926 Th Street)
Lot 10, Block B, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6,
Page (s) 46, of the Public Records of Indian River County, Florida
Page 280 of 386
Parcel 11: (Parcel ID No.: 33-39-13-00001-0002-00009.0)
Lot 9, Block B, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6,
Page(s) 46, of the Public Records of Indian River County, Florida.
Parcel 12: (946 Th Street)
Lot 8, Block B, Reams Glen, according to the map or plat thereof, as recorded in Plat Book 6,
Page(s) 46, of the Public Records of Indian River County, Florida.
Page 281 of 386
Exhibit "B"
Potable Water Main Extension Plan
is
Page 282 of 386
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Exhibit "C"
Certified Cost Estimate
Page 284 of 386
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Exhibit I'D"
Original Developers Agreement
Page 286 of 386
AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
NOVALAND, LLC
FOR
REAMS GLEN SUBDIVISION WATER MAIN EXTENSION
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT ("Agreement") by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, the address of which is 180127th Street, Vero Beach, Florida
32960 (hereinafter the "COUNTY") and Novaland, L.L.C., whose mailing address is 6257 Arcadia
Square, Vero Beach, FL 32966 (hereinafter the "DEVELOPER") is effective upon execution by the
two parties ("Effective Date").
WHEREAS, the DEVELOPER, in conjunction with the construction of improvements at Reams
Glen Subdivision, is constructing water main facilities to the subject properties located at 916-935
7th Place and 910 — 946 711 Street, whose legal description is attached as Exhibit "A" (the "Subject
Properties"); and
WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the
COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the regional
water main. The COUNTY, pursuant to Section 201.11, of the Code, agrees to reimburse the
DEVELOPER, as provided herein, for the cost of a portion of the off-site utilities,
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other
good and valuable consideration, the COUNTY and DEVELOPER agree as follows:
1. Off -Site Utilities:
The DEVELOPER shall construct the necessary off-site utilities described herein as directed by
the Indian River County Utilities Department ("IRCDUS"). The COUNTY shall reimburse the
DEVELOPER for installing off-site utilities as outlined below:
Page 1 Page 287 of 386
The COUNTY shall reimburse the DEVELOPER for extendingthe installation of 6 -inch diameter
water main from the southeast corner of 916 7th Place to the point of connection atthe existing
6 -inch water main along Old Dixie Highway and the southwest corner of 936 7th Place to the
point of connection at the existing 6 -inch water main along 10th Avenue, a distance of
approximately 350 linear feet, (1) fire hydrant assembly, (2) water services, and a portion of the
maintenance of traffic and site restoration.
2. Reimbursement:
The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of section 201.11, of
the Code, for funds advanced by DEVELOPER to extend the off-site water main. COUNTY shall
reimburse DEVELOPER in accordance with Exhibit "B" for extending the off-site water main.
The actual reimbursement amounts shall be based on the contractor's final invoice but in no
event shall the County cost share exceed $126,016.80.
Within 30 calendar days of acceptance of the bill of sale forthe water main and submittal of the
necessary maintenance security, COUNTY shall reimburse DEVELOPER its share of the cost of
the water main, as set forth in Exhibit "B".
3. Amendment:
This Agreement may be modified only by a written instrument executed by all parties to the
Agreement.
4. Assignability:
Either party may assign this Agreement so long asthe assignment bears acknowledgment of the
assignee and the other party, subject to any limitations specified in the Indian River County
Code of Ordinances. However, the rights granted herein shall run with the land and are not the
personal property of the DEVELOPER. The assignee shall file a transfer and assumption of this
agreement with the County, failure to do so shall render any assignment null and void.
Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
6. Captions:
Page 2 Page 288 of 386
Captions, if included, in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
7. Construction Plans Technical Specifications and Contract Documents:
The DEVELOPER agrees to complete a final set of construction drawings and make submission
for a Utilities Construction Permit (UCP) to IRCDUS, to Indian River County Public Works for a
Right -of -Way permit (ROW), which includes, but is not limited to meeting all security
requirements of section 312.11 of the Code, to the Florida Department of Environmental
Protection (FDEP) for a general permit, and for all other necessary permits. The DEVELOPER
shall not commence construction until all permits are approved and obtained.
8. Definition:
All pronouns shall be deemed to refer to the masculine, feminine, or non -binary singular or
plural, as the identity of the party or parties may require.
9. DEVELOPER'S Obligations:
The design, preparation of contract documents, permitting, and construction of the water main
shall be the DEVELOPER's responsibility and expense until such time the necessary testing,
acceptance of the FDEP Certification of Completion, and acceptance of the water main
dedication to IRCDUS per IRCDUS's Water & Wastewater Utility Standards, May 2019 or latest
edition, has been completed and a 1 -year warranty is in place.
10. Entire Agreement:
This Agreement embodies the entire agreement between the parties relative to the subject
matter hereof, and there are no oral or written agreements between the parties, nor any
representations made by either party relative to the subject matter hereof, which are not
expressly set forth herein.
11. Governing Law & Jurisdiction.
This Agreement shall be governed by the laws of the State of Florida and the laws of the United
States pertaining to transactions in such state, and all actions arising out of this Agreement
shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the
United States District Court for the Southern District of Florida. All of the parties to this
Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this
Agreement shall not be more strictly construed against any one of the parties hereto.
12. Insurance and Indemnification:
The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any
Page 3 Page 289 of 386
work, the selected contractor and any subcontractor provides to the COUNTY a certificate of
commercial general liability insurance with a reputable insurance company subject to approval
by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limitfor
bodily injury and property damage in accordance with the COUNTY'S Administrative Policy
Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the
commencement of any work the selected contractor and any subcontractor provides to the
COUNTY a certificate of business auto liability insurance with a reputable insurance company
subject to approval by the COUNTY'S risk manager in an amount not less than $3,000,000 per
occurrence combined single limitfor bodily injury and propertydamage in accordance with the
COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability
insurance policies shall name Indian River County, a political subdivision of the State of Florida,
as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10)
business days prior to the commencement of any work the selected contractor and any
subcontractor provides to the COUNTY a certificate of statutory workers' compensation
insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease
(policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S
Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30)
days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S
risk manager, prior to cancellation or modification of any required insurance.
The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers,
employees and agents (collectively the "Indemnitees"), and each of them from and against any
loss, costs, damages, claims, third party claims, expenses (including attorneys' fees) or liabilities
(collectively referred to as "Liabilities") by reason of any injury to or death of any person or
destruction or loss of any property arising out of, resulting from, be occasioned by, or in
connection with the performance or nonperformance of any work contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any
act, default, negligence, or omission of any representative, agent, client, and/or employee of
DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any
judgments that may be entered in connection therewith, including attorney fees.
DEVELOPER shall indemnifythe COUNTY against any claim fordamage that any utility, whether
publicly or privately owned, may sustain or receive in connection with any work contemplated
by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever
against the COUNTY for damages that it may suffer by reason of the installation, construction,
reconstruction, operation, and/or maintenance of any public improvement, or utility, whether
presently in place or which may in the future be constructed or installed, including but not
limited to, any water and/or sanitary water mains and/or storm water facilities, and whether
such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure
of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is
the intention of this indemnification agreement on the part of DEVELOPER, and a condition of
this Agreement, that it shall be full and total indemnity against any kind or character of claim
whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend
any and all suits, claims, and causes of action brought against the COUNTY arising out of or in
Paee 4 Page 290 of 386
connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any
judgment orjudgments, including attorney fees, that maybe rendered against the COUNTY or
against the COUNTY'S officers, employees or agents in connection therewith.
12a. Indemnification Savincys Clause:
In the event any of the foregoing indemnification clauses under Section 12 is found to be
unenforceable, it is understood the DEVELOPER shall instead indemnifyand hold harmlessthe
COUNTY, its officers, employees and agents, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the DEVELOPER and persons
employed or utilized by the DEVELOPER in the performance of this Agreement.
12b. Sovereign Immunity
Nothing in this Agreement shall be deemed as a waiver of the COUNTY's right to Sovereign
Immunity under Florida Statutes/Law.
13. Maintenance Security:
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
improvements to Indian River County, Florida, and provide security as set forth herein, subject
to the COUNTY'S approval, for a period of one (1) year after the COUNTY'S acceptance of the
improvements, plus an additional three (3) months, for an aggregate of fifteen (15) months.
The maintenance security may only be in one of the following forms: (a) cash, whereupon the
COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit
Agreement; (b) Letter of Credit, in the County's standard form, drawn and payable by a
financial institution located within Florida; or (c) surety bond issued by a surety company
licensed to do business in the State of Florida and having an A.M. Best rating of no less than A -
VI. The value of the maintenance security shall be twenty-five percent (25%) of the total
construction value of the utility improvements as certified bythe Developer's licensed engineer
and approved in writing by the County.
14. Multiple Counterparts:
This Agreement may be executed in a number of identical counterparts which, taken together,
shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall
not be necessary to produce or account for more than one such counterpart executed by the
party to be charged.
1S. Permits:
Page 5 Page 291 of 386
The DEVELOPER shall be responsible for obtaining all construction and operating permits
required for the construction, delivery, use and monitoring of the water distributed to and
wastewater collected from the Subject Property. If, through no fault of the parties involved, any
federal, state or local government or agency (excluding the COUNTY) fails to issue necessary
permits, or fails to grant necessary approvals, or requires a material change in the system, then
to the extent necessary and if possible, the parties agree to negotiate an amendment to the
Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or
impracticable to perform under the terms of this Agreement because of the above, then
COUNTY shall have the right to terminate this Agreement, and the parties shall have no further
obligations to each other.
The DEVELOPER shall comply with reasonable requests by the COUNTY concerning on-site
operations and maintenance prior to County acceptance including but not limited to all FDEP
regulations relating to bacteriological and hydrostatic testing, cross connection control,
monitoring, color -coding of water and wastewater equipment. DEVELOPER shall meet all
necessary IRCDUS construction requirements, including the posting of the required security.
16. Recording of Agreement:
This Agreement, and any assignment, may be recorded in the official records of Indian River
County by the COUNTY. If recorded, the DEVELOPER shall pay for all recording costs.
17. Severability / Invalid Provision:
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or
future laws, such provision shall be fully severable; this Agreement shall 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 shall remain in full force and effect
and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance
from this Agreement.
18. Term:
The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in
writing, this Agreement shall not be renewed automatically for successive terms.
Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for
construction and with the County's Utility Construction Permit, whichever provides a shorter
time period, but shall be not more than five (5) years from the date of issuance. The County
mayterminate this Agreement early in its sole discretion if it determines thatthe development
project intended to be served by the improvements is suspended or discontinued.
19. Time of Essence:
Page 6 Page 292 of 386
Time is of the essence of this Agreement; however, if the final date of any period which is set
out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the
laws of the State of Florida, then, in such event, the time of such period shall be extended to
the next business day which is not a Saturday, Sunday or legal holiday.
20. Release:
DEVELOPER, on behalf of itself and its successors, and assigns, hereby releases, acquits, and
forever discharges COUNTY and its respective present and former elected officials, employees,
agents, representatives, and insurers, from all claims, causes of action, demands, debts,
liabilities, and obligations, of every name and nature, known or unknown, asserted or
unasserted, accrued or unaccrued, both at law or in equity, from the beginning of time to the
Effective Date.
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed
this Agreement as follows:
ATTEST: Ryan L. Butler, Clerk of the Circuit
Court and Comptroller
Deputy Clerk
Approv d: /
John A. Titkanich, Jr.
County Administrator
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
n Adams, Chairman
BCC Approved Date: August 20
Approved as to form and legal sufficiency:
,16�/usan J. Prado, Esq.
Deputy County Attorney
Page 7 Page 293 of 386
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and
executed this Agreement as follows:
Signed, sealed and delivered
in the presence of:
Signature:UAL..
Printed Name: t -A
Address: _I�- i t�<' S
Signature:
Printed Na
Address:
STATE OF FLORIDA
COUNTY OF INDAIN RIVER
DEVELOPER:
Novaland, L C
1
By:
Van Karikov, Manager
The foregoing instrument was acknow ed ed before me, by means of V�physical
presence or ❑ online notarization, thi� day of J 0 2024 by Asan Karikov, who is O
_ ersonally known or produced identification in the form of
CIN=9,
`•. Com
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Expires
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NOTARIAL SEAL:
NOTAR)PUBLIC
— 4 &
Printed Nam U
Commission No.: 1414
Commission expiration: �2--09 - ZC"Z&
Page 8
Page 294 of 386
= AREAS OF REIMBURSEMENT BY THE COUNTY
Page 295 of 386
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OF
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USA TODAY COO
* LocaliQ
AFFIDAVIT OF PUBLICATION
Nadia Westerik
Indian River County Attorneys Office
1801 27Th ST
Vero Beach FL 32960-3388
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority personally appeared, who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
River/St Lucie/Martin Counties, Florida; that the attached
copy of advertisement, being a Legal Ad in the matter of
Govt Public Notices, was published on the publicly
accessible websites of Indian River/St Lucie/Martin
Counties, Florida, or in a newspaper by print in the issues
of, on:
SCN StLucie-IndianRv-Stuart 04/24/2026
SCN tcpalm.com 04/24/2026
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 04/24/2026
Mai CWr
Notary, State of WI ff ountg ofyfov)
My commission expires
Publication Cost: $166.64
Tax Amount:
$0.00
Payment Cost:
$166.64
Order No:
12249237 # of Copies:
Customer No:
1125303 1
PO #:
1st PH -Reams Glen DA
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
KONGMENG YANG
C Notary Public
State of Wisconsin
PO Box 631244 Cincinnati, OH 45263-1244
NOTICE OF INTENT - PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of
Indian River County, Florida, will conduct a Public Hearing to consider an
Amended and Reinstated Development Agreement with NOVALAND, LLC, a
Florida limited liability company, OIRIMLI, LLC, a Florida limited liability
company, and US INVEST BOND, LLC, a Florida limited liability company.
Development Location: 916-935 7TH Place and 910-946 7th Street, in the
Reams Glen Subdivision in unincorporated Indian River County, Florida
Proposed Use: Residential use, single-family, single -story dwelling units
Proposed Population Density: RM -6 which means the maximum allowed
density is 6 dwelling units per acre.
Proposed Maximum Building Height: Single story
Existing Building Intensity: 4 single family units and 9 vacant single-family
lots
Proposed (Maximum) Building Intensity: 13 residential units
Purpose: For the cost sharing of extending County water service to the
lots within Reams Glen Subdivision providing water and sewer to the 13
new residential units.
The Public Hearing will be held on Tuesday, May 5, 2026 at 9:05 a.m., or as
soon thereafter as the matter may be heard, in the County Commission
Chambers located on the first floor of Building A of the County Administra-
tive Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time
interested parties may be heard with respect to the proposed resolution.
The proposed Amended and Reinstated Development Agreement between
NOVALAND, LLC, a Florida limited liability company, OIRIMLI, LLC, a Florida
limited liability company, and US INVEST BOND, LLC, a Florida limited liabil-
ity company and Indian River County may be inspected by the public
during regular business hours (8:30 a.m. to 5:00 p.m., Monday through
Friday) at the Utility Services Department located on the first floor of
Building A of the County Administrative Complex, 1801 27th Street, Vero
Beach, Florida; or alternatively, the agreement may be inspected at
W Ww.indianriver.o2y.
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 testimony and evidence upon which the appeal Is
base
Anyone who needs a special accommodation for this meeting must contact
the County's Americans With Disabilities Act (ADA) Coordinator at 772-
226-3491 at least 48 hours in advance of the meeting
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DERYL LOAR, CHAIRMAN
Pub: April 24, 2026; TCN12249237
Page 1 of 1
Page 298 of 386
�V CO Indian River County
Administration Complex
Indian River
4
180127th Street
Vero Beach, Florida 32960
County, Florida Indian River fam Website
�'Lpg1�Q' Memorandum
File ID: Type:: Meeting Date:
2026-677 Public Items. May 19, 2026
To: Board of County. Commissioners
Through: John Titkanich Jr., County Administrator
From: John Stoll, Planning & Development Services Director
Date: 05/06/2026
Subject: Ordinance Authorizing the Extension of a Temporary Moratorium on
Zoning Changes and Comprehensive Plan Amendments in the.Oslo
Corridor Study Area (Legislative)
Background:
At its May 20, 2025 meeting, the Board of County Commissioners. (BCC) identified the need for
comprehensive planning and regulatory updates tailored to .the Oslo Corridor, a high -interest
development area currently lacking cohesive land use designations and design standards
consistent with the County's long-term vision.
To support a structured and coordinated planning approach, the BCC adopted an ordinance
imposing a one-year temporary moratorium on zoning changes and comprehensive plan land use
amendments within the unincorporated portions of Indian River County designated as the Oslo
Corridor Study Area.
The one-year temporary moratorium will expire June 17, 2026, and it is requested by staff to
extend the temporary moratorium until December 31, 2026, within the unincorporated areas of
Indian River County specific to the Oslo Corridor Study Area.
Analysis:
The purpose of the moratorium is to provide staff with: the necessary time to:
- Evaluate and revise Future Land Use (FLU) designations;
- Develop corridor -specific development guidelines; and .
- Establish architectural and urban design standards to ensure cohesive growth.
Page 299 of 386
Temporary moratoria are recognized as best practices in planning and zoning, allowing
jurisdictions to pause uncoordinated development while sound policies and regulatory
frameworks are crafted. The proposed ordinance is consistent with Florida law and aligns with
guidance from the American Planning Association.
Budgetary Impact:
Legal advertising costs required for public notice will be funded through the existing Planning
and Development Services Department advertising budget. Also, this proposed ordinance is
exempt from the requirement to provide a business impact estimate per Section 125.66(3) F.S.
Previous Board Actions:
On May 20, 2025, the Board of County Commissioners took key steps regarding the Oslo
Corridor Study Area:
- Urban Service Boundary (USB) Expansion — The Board directed the Planning and
Development Services Director to expand the USB westward along Oslo Road/9th Street SW to
include the area between 58th Avenue SW and 74th Avenue SW, bounded by 5th Street SW to
the north and 13th Street SW to the south. A further extension was approved west to 98th
Avenue SW with the same north -south boundaries.
- Temporary Moratorium — To facilitate comprehensive planning and high-quality development,
the Board approved a one-year temporary moratorium on rezoning requests and land use changes
within the newly defined Oslo Corridor.
- Overlay District Establishment — The Board directed staff to prepare for the establishment of an
Oslo Corridor Overlay District. This overlay will cover the area from 58th Avenue SW to 98th
Avenue SW, bounded north by 5th Street SW and south by 13th Street SW, and will introduce
corridor -specific zoning, design, and development criteria.
Potential Future Board Actions:
The following items will be brought forward for formal consideration by the Planning and
Zoning Commission and then the BCC:
1. Comprehensive Plan Map Amendment — USB Expansion: Staff will initiate a map amendment
to expand the USB within the Oslo Corridor. The recommendation for the final USB expansion
area will be determined by continued analysis of demographic and economic data and extensive
community feedback.
2. Comprehensive Plan Future Land Use Amendments: Staff will initiate future land use
amendments to land within the newly established USB surrounding the Oslo Corridor. The
amendment to future land use will complement the USB expansion and promote economic
Page 300 of 386
development within the Oslo Corridor.
3. Ordinance — Oslo Corridor Overlay District: An ordinance will be drafted to create an Oslo
Corridor Overlay District. The overlay will introduce specific regulations on zoning, permitted
uses, architectural design, landscaping, and site layout to promote visually cohesive, well-
planned development aligned with community and corridor objectives.
Strategic Plan Alignment:
Quality of Life
Other Plan Alignment:
This initiative supports the goals of the Indian River County Comprehensive Plan and aligns with
the recommendations in the Indian River County Urban Services Boundary Study. The Oslo
Corridor planning process advances the County's objectives for sustainable growth, responsible
land use, and strategic infrastructure investment.
Staff Recommendation:
Staff recommends that the Board of County Commissioners approve the attached ordinance
establishing an extension to the temporary moratorium, until December 31, 2026, on zoning
changes and comprehensive plan land use amendments within the Oslo Corridor Study Area.
Attachments:
1. Draft Ordinance
Page 301 of 386
ORDINANCE NO. 2026 -
AN ORDINANCE OF THE. BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE EXTENSION OF
A TEMPORARY MORATORIUM UNTIL:. DECEMBER 31, 2026, WITHIN THE
UNINCORPORATED AREAS: OF INDIAN :RIVER COUNTY SPECIFIC TO
THE OSLO CORRIDOR STUDY AREA PROHIBITING THE FILING,
ACCEPTANCE, PROCESSING ANWOR CONSIDERATION OF ANY
APPLICATION OR REQUEST FOR .: A ZONING CHANGE OR
COMPREHENSIVE PLAN FUTURE LAND :USE AMENDMENT; PROVIDING
FOR THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS;
PROVIDING FOR NONCODIFICATION AND SCRIVENER'S ERRORS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
REPEAL OF CONFLICTING PROVISIONS, ANB PROVIDING AN
EFFECTIVE BATE.
WHEREAS, as provided in Article VIII, Section 1 lorida Constitution and Chapter
125, Florida Statutes, counties have broad homeMe e p rs to a ordinances, not: inconsistent
with general or special law, for the purpose of prote g t e publi alth, safety and welfare of
the residents of the County; and
WHEREAS, the Indian River Co Boar County . Commissioners (`Board")
specifically determines that the enactment of a necessary to protect the health, safety
and welfare of the residents of Indian r Co an
WHEREAS, pursuant to do 3 Florida Statutes, Indian .River County has
enacted land development regulate ns t with: its adopted Comprehensive plan, which
protect the quality of life ' ounty;. and
WHEREAS, the ty is ' e process ofcomprehensively evaluating and analyzing the
Oslo Corridor Study Area;
WHEREAS, on May 20, 2025, the Board determined. that a temporary moratorium was
necessary to allow the Planning and Development Services Department sufficient time to analyze,
evaluate, and comprehensively restructure the future land use designations, as well: as to finalize
cohesive development guidelines and architectural standards specific to the Oslo Corridor Study
Area; and
WHEREAS, a temporary moratorium is a recognized important land -use planning tool to
preserve the status quo during the planning process and ensure the :community's problems: are not
exacerbated during the time it takes to formulate a regulatory scheme; and
WHEREAS, the Growing Smart User's Manual, published by the American Punning
Association, identifies a temporary moratorium as a smart growth tool used to avoid: "a rush of
development applications beforea local: government can adopt or amend its comprehensive plan or
development regulations" (heck, S. E.D., 2002a, p 51); and
WHEREAS, the Growing Smart Legislative Guidebook, also published by the American .
Planning Association, conveys that the "first purpose for moratoria is when.:A local government is
Page 302 of 386
ORDINANCE NO.2026-
preparing a comprehensive plan or extensive amendment of land development regulations" (Meek, S.
E.D., 2002b, p 8-179).
NOW, THEREFORE,: BE IT ORDAINED .BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Recitals Adopted:
Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein.
Section 2. Enactment Authority:
Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsis with general or special law, for
the purpose of protecting the public health, safety and we
the residents of the County. The
Board specifically determines that the enactment of this o s necessary to protect the health,
safety and welfare of the residents of Indian River .Co
Section 3. Temporary Moratorium:
Beginning on the effective date of this ordina con g until December 31 2026 -=unless
rescinded earlier by subsequent ordinance River County Board of County
Commissioners- a temporary mo
rato s h imposed within the Oslo Corridor. Study Area
located in the unincorporated area v ounty. During the term of this moratorium, the
County shall suspend the filing, Ing, and/or consideration of any application or
request for a zoning change or p nsive P an future: land use amendment affecting properties
within the designated Oslo ea. See attached Exhibit A.
Section 4. Exipiration of nor oratorium:
The temporary moratorium i�pody Section 3 of this ordinance expires on December 31, 2026.
The moratorium may be extended or terminated early : by adoption of an ordinance of the Indian
River County Board of County Commissioners.
Section 5. Severability:
If any part of this ordinance is held to be invalid or unconstitutional by a court. of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain
in full force and effect.
Section 6. Conflict:
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. Effective Date:
This ordinance shall become effective upon adoption by the Board of County Commissioners and
filing with the Department of State.
Page 303 of 386
ORDINANCE NO. 2026 -
This ordinance was advertised in the. Indian River Press Journal on the 3rd day of May, 2026, for
a public hearing to be held on the 19th day of May, 2026, at which time it was moved for adoption
by Commissioner , seconded by Commissioner and adopted.
The vote on this ordinance was as follows:
Chairman Deryl Loan
Vice Chairman Laura Moss
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Joseph H. Earnian
The Chairman thereupon declared the ordinance duly p adopted this 19t" day of May,
2026.
BOARD OF :COMMISSIONERS
OF INDIAN COUNTY
Deryl Loar, Chairman
A ST: Ryan L. Butler,. Clerk of Court and Comptroller
Page 304 of 386
So
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USA TODAY COO
LocaliQ PO Box 631244 Cincinnati, OH 45263-1244
AFFIDAVIT OF PUBLICATION
Kathy Charest
Indian River County Planning
180127 Th Street
Vero Beach FL 32960
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority personally appeared, who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
River/St Lucie/Martin Counties, Florida; that the attached
copy of advertisement, being a Legal Ad in the matter of
Govt Public Notices, was published on the publicly
accessible websites of Indian River/St Lucie/Martin
Counties, Florida, or in a newspaper by print in the issues
of, on:
SCN StLucie-IndianRv-Stuart 05/03/2026
SCN tcpalm.com 05/03/2026
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 05/03/2026
Legal Clerk
Notary, State of , Corr -o RECEIVED
My commission expires
Publication Cost: $188.20 MAY 2026
Tax Amount: $0.00
Payment Cost: $188.20 Indian River County
Order No: 12285520 # of Copies: Planning & Development Services
Customer No: 1125971 0
PO #: LSAR0508100
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
KO ENG YANG
Notary Public
State
Of WISConSln Page 1 of 2
Page 306 of 386
T
NOTICE OF PUBLIC HEARING
This is notice of a public hearing by
the Indian River County Board of
County Commissioners to consider
adoption of an ordinance; entitled:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
AUTHORIZING THE EXTENSION
OF A TEMPORARY MORATORIUM
UNTIL DECEMBER 31, 2026, WITHIN
THE UNINCORPORATED AREAS OF
INDIAN RIVER COUNTY SPECIFIC
TO THE OSLO CORRIDOR STUDY
AREA PROHIBITING THE FILING,
ACCEPTANCE, PROCESSING AND/
OR CONSIDERATION OF ANY APPLI-
CATION OR REQUEST FOR A ZONING
CHANGE OR COMPREHENSIVE PLAN
FUTURE LAND USE AMENDMENT;
PROVIDING FOR THE IMPLEMENTA-
TION OF ADMINISTRATIVE ACTIONS;
PROVIDING FOR NONCODIFICATION
AND SCRIVENER'S ERRORS; PROVID-
ING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; REPEAL OF
CONFLICTING PROVISIONS, AND
PROVIDING AN EFFECTIVE DATE.
A vote will be taken on the
proposed ordinance to consider
approval of the ordinance by the
Board of County Commissioners. If
adopted, the ordinance will extend
the existing temporary moratorium
imposed within the Oslo Corridor
Study Area located in the unincor-
porated area of Indian River County
until December 31, 2026. During
the term of this moratorium, the
County shall suspend the filing,
acceptance, processing, and/or
consideration of any application
or request for a zoning change or
Comprehensive Plan future land use
amendment affecting properties
within the designated Oslo Corridor
Study Area.
A public hearing, at which parties
in interest and citizens shall have
an opportunity to be heard, will
be held by the Board of County
Commissioners of Indian River
County, Florida, in the County
Commission Chambers of the
County Administration Building,
located at 1801 27th Street, Vero
Beach, Florida on Tuesday, May 19,
2026, at 9:00 AM.
A draft of the proposed ordinance is
available at the Indian River County
Planning Division office located in
the Planning & Development Servic-
es Department on the first floor of
the County Administration Complex
Building "A". 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 testimony and evidence
upon which the appeal is based.
Please direct planning- related
questions to the Special Projects
Section at 772-226-1247.
ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS
MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH
DISABILITIES ACT (ADA) COORDI-
NATOR AT 772-226-1223 AT LEAST
48 HOURS IN ADVANCE OF THE
MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY -s- Deryl Loar, Chairman
May 3 2026
LSAR0508100
RECEIVED
MAY of ma
Indian River County
Planning & Development Services
Page 307 of 386
1301
v C� Indian River. Ceuoy
O ini
Adm
River
stration Complex
Q Indian River 180127th Street
pot . Vero Beach, Florida 32960
Count . Florida Indian River County Website
Memorandum.
File ID: Type: Meeting Date:
2026-678 Departmental Matters May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
From: SuzanneBoyll; Human Resources Director
Date: 05/06/2026
Subject Group Health Insurance Recommendations for Plan Year FY26/27
Background:
On June 3, 2025, the Board of County Commissioners BOCC approved the County's group
insurance program for the plan year October 1, 2025 through September 30, 2026 During.this
meeting there was discussion regarding projected plan performance and the potential impact of
the increased cost related to GLP-1 for weight loss. It was noted that under the new pharmacy
PBM, Rightway, GLP-1 weight loss medications: would require :prior authorization criteria for
BMI and co -morbidity to be met in order to be covered under the plan. ultimately; there were no
changes made to the group health plan, there were no increases in group health plan premiums;
and it was determined staff would continue to monitor plan financials and report back to the
Board. Since that time, plan experience under our current plan year has reflected a substantial
increase in medical claims as well as continued inerease:in GLP-1 weight oss medications
necessitating the Board consider modifications to the plan as well as make necessary premium
increases to fund the plan benefits.
Staff met with the Board on March 24, 2026, to discuss group insurance plan: performance for the
first quarter of our current plan year (FY26. Q 1): Staff returned on May 5, 2026 to provide.
updated financial information through February 2,026 as well asMarch: 2026 financial highlights
and to provide recommendations for plan modifications; fi»ding requirements and premium
amounts for the upcoming plan year:
Staff will meet with the Board on May 19, 20269 to receive direction on plan modifications,
funding and premium amounts for the plan year beginning October 1, 2026, through September
30, 2027.
Once the Board provides direction regarding the Employee and Employer contribution rates;
staff recommends directing Lockton to rebalance the Employer contribution;so that the County
maintains equal contributions towards family and single coverage, regardless of Silver. or Gold
plan as well as reflect the 25% increase in the employee contribution for both family and single
Page 308 of 386
coverage under each plan. The impact of this rebalancing is projected to be minimal. The
rebalancing would include the staff recommendation to increase premiums. by 25% of the current
monthly rates. These premium amounts will be generated by Lockton consistent- with funding
requirements and will be reviewed with the Board at the May 19th meeting.
Analysis:
The financials through March 2026 are attached: Below is a highlight of the plan's performance.
• For October 2025 months through March 2026 the plan continues to: operate at a $3.6M
deficit (128.6% loss ratio). The Gold Plan has'a deficit of $4.1M (145.5% loss ratio) and
the Silver Plan has a surplus of $468.27.0 floss, ratio of 87:4%). . .
• GLP-1 utilizers have increased to 259 with a plan cost of $1.45M which is 27% of total
Rx claims.
• High-cost claimants have increased to 51. in the six -mouth period October 202.5 March
2026 (over $50K in claims) fora total of $6.8M gross claims ($6.3Mt, neclaims after
stop -loss reimbursements). For the plan year ending on September 2025,. we had 72 HCC
for a total of 0.6M.gross claims ($8.57M net claims after stop -loss reimbursements).
• In the six-month period October 2025 :through March 2026, we: have 5 individuals (HCC)
with claims exceeding the individual stop -loss: of $300K. For the 12 -month period
October 2024 through September 2025 we had 2 HCC exceed the $300K individual stop
loss.
The FY24/25 plan ended with a $2.5M deficit and the pr ejected: deficit for FY25/26 is $8.1M.
The plan deficits that were experienced in FY24/25 and FY25/26 are currently being funded
with the health insurance fund balance.: However, that fund balance cannot continue to fund plan
deficits. It is unstainable for the plan to continue to operate at a deficit. In order to correct this,
additional funding will be needed for the upcoming plan year to cover projected plan expenses.
This funding increase will impact both employer, employee and retiree premiums. 'Plan
modifications to mitigate increased costs: are also presented for consideration. Under the
proposed premiums and plan modifications, the plan remains affordable and competitive.
The level of plan funding required will be $11.4M if GLP4 for weight loss continues to be
covered under the plan or $8.1M if GLP-1 for weight loss is removed from the plan,
Budgetary Impact:
The proposed budgetary impact of the recommended premium increase to the employer
contributions is approximately $6.83M annually out of the recommended $8.1M increase and
would be $10.2M out of $11.4M if the GLP-1 for Weight. loss coverage was included in the plan.
This would be budgeted in the upcoming FY26/27 budget.
Previous Board Actions:
The Board reviewed this item at the May 9, 2026, BOCC meeting.
Potential Future Board Actions:
Page 309 of 386
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Staff requests the Board consider recommendations provided by Lockton to increase premiums
for the upcoming plan year effective October 1, 2026 and consider recommended modifications
to the plan as may be deemed appropriate to address the ongoing increase in medical and
pharmacy plan costs to ensure that group insurance benefits remain affordable, competitive, and
sustainable. Staff requests the BOCC provide direction to staff for plan modifications, plan
funding and associated premium increases for the plan year effective October 1, 2026 through
September 30, 2027.
Attachments:
Indian River County Financials March 2026
Page 310 of 386
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Item 13.D. May 19, 2026
1
2
Item 13.D. May 19, 2026
Discussion Topics
t
Plan Experience and Funding Projections for
FY26/27
V
Renewal Strategies to Manage Increase Costs for
FY26/27
Silver Plan Only Option Discussion
Lantern Network
Contribution Strategy for FY26/27
3 _
■F j. r �r ��++��LL .ay��yi�i
F s. I ■ � `
Plan cost
4ehmn Publk
MYni ieveaon 20iS RP1I
'
.........
$t.200 SLfM:irtf'1,
run under
$1,000_
brdget,w "P -T and
ICCs driving YoY trend
$800
---
—
increases in
S6Yi
_
8024-2025 and 2025-
.
Aw
- . _
_
2026- Budget has
remained the same for
the last five years.
iii
ti ry 1 ary 'P p1 'i� fir+
ry
bac g'� dpP,c
Plan costs trended at or
below the Lotkton norm
M1O1�ry M1gM1g M1gti 1g1 ,`p'l1'1 ryglry ,`M1'M1'1 1gM1S p1* til,
1
M1Sry M1b g}by o$,F�
for most recent five
M1Yry� �S1 y
consecutive year.
'A 1 'LgM1
WD plan costs are 22%
1p1y.
-
`4bver2024-2025 plan
MedicaIJUdsmsc •Med-VRX N.d—, . MedicaVRX benefits budget
• T-1Prd PEPM
mstsandMover
beret,,,
prior YTD.
Item 13.D. May 19, 2026
Plan Experience Et Projections
► After 5 years of positive plan performance, in FY24/25 the plan ended with a
$2.5M deficit (110.4% loss ratio)
► March 2026 financials reflect a YTD plan deficit of $3.6M (128.6% loss ratio)
► Through March 2026, high-cost claimants have increased to 51 persons with
$6.3M in net claims (after stop loss reimbursements)
► GLP-1 weight loss expenses account for 27% of all RX claims costs
► Health plan trend year over year increased in all categories
► Through the 2nd Quarter FY25/26, the health insurance fund balance has
reduced by -20.31% to a balance $17,123,154 down from $21,485,959.
► Updated projections for FY25/26 plan year reflect a projected deficit of
$8.1M (131.6% loss ratio).
5
11161- Rk. Oelalr
19id GaY1$$111a11aa M61d11026
Plan Rnanda$
NaA*WRWdQ t3 lVUa2RfraY6191}It( .. - ..
Flan Yin Oaaylr M..h -
fund mats Pad Ctainn
4 EnM4e�,1 0.a EeWen ( �
WP 1,623 5125,02] $1033D9 $228326 51,909,365 1811,®9 147,159 12,168,353 so a. so 51M353 f;99&1 S;0%,905 ($399,]0 119.1% -
M 25 1,435 $14643 s1039B9 $VAM 0,&",396 388%185 $34432 $4775,403 W so 1;775,403 $3m%235 $2,ll19,645 11895,50
D_ZS 1861 $127,537f10%63 $233019 G,774,2361996349 $10243 $2,37&,627 5746872 so 42632,206$2865,255 $Z]37,M (5727816)
53 .
3-26 18 487,149 110%293 $732441 $1]70,450 $78%544 $4,185 $2,559,178 s0 s0 $ZS9,17B $2791.619 $21318W (;660819)
eb 1,853 $124122 110%010 $237,431 SZ1ZZ706 3893129 $23375 53811.209 50 SMW2 $VB%28 $3.MZ069 42126863 ($84406)
M-26 1870 $127,897 310%973 4233,M $1,855869 51.056,963 $36310 8.916392 3725,592 $2",470 $1.976.930 $2210,796 $2491,690 ($69,106) .f .. .
A-46
May -26
1-26
344E
AWN
16 . ..;
:. ...:.n:...
401 13.340 $764319 38843 $14 64
7 $1,319,356: 313,381867 44411,$011 414011 424,992,]07 1018 $1$1148 (!'4 71) .:.
PP13M 1 aso 125 1 I sl 1476 1,148 5328 . .
Pna YID 1,757 $51 fs$740 :M• x1867 $1,370 $1,146 » .
% — 343$IW% & x Y0% - 763% 2&1x 0.011 134($12)13%
6�wr.a6wcertr�461.a -hliit+r�aMa�IiMa6l ol6ir+4ar$ar..
006
iw
AW +E71` I"* aab .j,"" Mti. ..
- $s!610a•�..+^"� walara'YY$4�M8 Awl :- . ; .,;, .
.3 3
Large Claims Current Plan Year
Medical Claims Over $50,000 Paid October 2025 through March 2026
Large Claims Current Plan Year
Medical Claims Over $50,000 Paid October 2025 through March 2026
ass Deductible $300,000 with Aggregating Specific Deductible of $100,000 - Paid Contract Oasis, Medical and Rx
9
Plan Financials
Weight Lass GLP-1 UNAmbon
Plan YTD through March
Item 13.D. May 19, 2026
of Total Rx claims: 27%
Components of Health Plan Trend
w umvis, saubm
an
ow
::
:.
w.r 0000'.
Ch -p -WA ItAsasum SuMS6723
WAS
am,
*8
*As
t71'.
.' 'Rih.. -
•M
-y:. -
AWNf ilbrf � : 7iM
It 0 j .. iM►w�r i!K
ice.
�. ..!!
539933M.
7"%
amt, .. .
no,
SIM
Jow
^id..
+taw
o i7R.
. - EOCKTON COMPANIES I 12
: . �trs}s�lY X33?�a aiY. �
t71'.
.' 'Rih.. -
•M
-y:. -
AWNf ilbrf � : 7iM
It 0 j .. iM►w�r i!K
ice.
�. ..!!
amt, .. .
no,
SIM
Jow
^id..
+taw
o i7R.
. - EOCKTON COMPANIES I 12
Item 13.D. May 19, 2026
Health -Insurance Fund
Fund Balance Ana"
i0Q3�
.
$15,003,116
$19,E73,4ti
`$22,f114;2g1
521,77/;16a-'
FlrtdlaWtce
LsdQtNrtarfY 6
September 30, 2025
March 31, 2026
Inc.1Dec.
%Inc.lOec. }
521,485,956
1 512,12b,154
1 •$4.362,!01 1
d0.311L
The Florida Office of fmrance Reguiatidaf qW lIg Od$W&*MoMiltitadminister sell Insured health pians to maintain a fund
balance equal to a mlpMum of 60 dayigff*l'Nt181t1a.
MarchctaimswttflNpt fully processed expense for March, postedWhit h it posted in
March
wouldhave caused the quarter tdexperience gr$%$64D9Bloss.
The annual contribution from ttte OPER Trust is proCONWIl tf le, end of the fiscilietialM w8106�.10 of, tH, Mtitlill:
contribution, adding $253,585 to each quarter woulspMpt00 March 31, 2026 fund balance to taglillYMM4i�fitl'�i-
loss (including March claims).
•on NovemtlN 16, 2O2I, the 66ard O/t:olrtiy Conut3h41oners apptovadtNllt>ttSflM from ttie CARE$ At1Y1�13t1 t►r Heatdl
insurance fund to cover a portion of the 52.8M in COVID-19 related ci"llitrourred by employees, spouses, an4111ilfrdependents. -
**On March 1, 2022, the Board of County Commissioners approved a S1i9M transfer from the CARES Act fund into the Health
Insurance fund to cover the remaining unreimhursed COVID-19 related claims incurred by employees, spouses, and their dependplg:
which had increased to a balance of $3.1 M.
11
13
Item 13.D. May 19, 2026
20262027 Medicall Agib LP- 1
2026-2027 M.dicarl/R. Projection
Gross Claims in Experience Period:
" 520,894"894" `$10483 x'
t ,t
Lagged Members in Experience Period:
laggedMember in Experience Period:
48,171 48,297
Starting Paint of Projection PMPM:
Starting Point of Projection PMPM:
5433 76 5217.06 565oAt t, L1deNVfitin(j
ObSeNat1005[
Large claim adjustment PMPM
j&16.86) 5000 IS16.Bfi)
Adjusted starting point of projection
Adjusted starting point of projection:
The projection is based on claims
Annual trend aswmp[ion:t,110%'sstxs
*, r,
through February 2026
Trend factor
Sad
Current enrollment is 1,856 and
ince ed adjustment
1004
-:1000 :
current member count is 4,133
Benefit plan changes
Demographic changes
, ,
*-` F
''";1000 1t
Did not include an optional
Anti -obesity adjustment
Did not include an optional
claims margin
Curtent 12 experience rated projection PMPM after adjustments
§.
Projected rebates are part of the
Current Member to EE Ratio
calculation and are assumed at
ectien Aker
Claims Pro Adjustments
1 1
- ,y a:. .,
Rightway Contract Year 2
Rx Rebates
}a
`
The loss from HM is
Claims Net of Rx Rebates
-
stop renewal
admin Fee
_ .
projected with a 30% increase
ISL Fee
'.: t' '., i. ^,.
and assumes a $300k ISL and
Lantern
est "
$100k ASD
PBM Fee
ASO fee reflects BCBS's 2026
ASO fee reflects BCBS's 2026
Projected Total Fixed Costs PEPMrr�,,
n„rir,,,al na;m� saa,,.�., - -
rY ,,..�,s+f?e,:),� �.Ak;aai: _..
renewal at a rate hold through
10/1/28
. MKIE3p61ail�IMl� 1 >! `
Gross Claims in EiipaAan[e. ::.. - -
- .,50.48 s
Lagged Members in Experience Period:
18,171 48,297
Starting Paint of Projection PMPM:
$433.76 $161 ti117, +t rRa�T 'Ei
fjerwfitin(1 ObSeNati011i
Large claim adjustment PMPM -
($16.86) 50.00
Adjusted starting point of projection
$416.,41 Si61.65 °::
The projection is based on claims
Annual trend assumption:
_ r ,9.5% rN
through February 2026
Trend factors
a
Current enrollment is 1,856 and
Incurred adjustment
Benefit
x�;t 004-�- _' i
;t 000 ^` } ef,,�,'t
current member count is 4,133
plan changes
Demographic changes
qx„ 3",.;1000 a . 1'11+
Did not include an optional
anti-otresity adjustment
claims margin
Current 12 experience rated projection PMPM after adjustments
""31 $187A/
Projected d febate5 are art of the
j p
Current Member to EE Ratio
calculation and are assumed at
Claims Projection After Adjusunents
le �, *
r vt
Rightway Contract Year 2
Rx Rebates''
Claims Net of Rx Rebates
,� y}•+-'
The stop loss renewal from HM '
Admin Fee
projected with a 30% increase
Fee
r '" ::, �' Y '^*>�- - R ,La,
and assumes a $300k ISL and
La�
Lantern
*� � � ?` T
$100k ASD
PBM Fee
? a
ASO fee reflects BCBS's 2026
Projected Total Plead Costs PEPM
t
yt§
renewal at a rate hold taro
t 1A:�11Si1' 4flt1Jti1$ 'tit
15
Item 13.D. May 19, 2026
Cost Savings Renal Strategy
Gust Savings Renewal . '
Lantern
Option A
Mdnddt a and Joint
ory Spin
at Lantern surgical COB. Data Insight $512k In Joint spend
Deductible. Increase to $750/Sl.500'rom $600/11,200, OOP Maximum: Increase to S4.
i.,.
est
Gold Plan (88.3% to 863%)
from $3,000/16,000, Immase ER copay to $500 + 20% from $250 + 20%, Increase DON OOP
to 56,000/512,000 from $4,00048,000.
eY
c
21
Silver Wan (8Z5% to 81.3%)
Deductible: Increase to 51,500/53.000 from f1,000/SZ000
Total average a cal
for patienn with`
costsestive
pDeductible:
required available with a of
through
-
digdisorders •:`
p VirtuNutritionServices
Kidney Disease, Celiac Disease, or Obesity.
Increase to 31,000/$2,000 from $60051,200, OOP Maximum: Increase to (4,000/$$000.%
range ham S10N-S65Ns
A
Option B
from 53.000/$6,00. increase LIC copay to $50 from $30. Increase ER copay to $500 + 20% from
m 100K+a for the '
y
Gold Plan (88.3% to 85.6%)
$250 + 20%, ircrease OON OOP Max to $6,000/512,000 hom $4,000/$8.000, Increase OON
tleductible to $1,500/$3,() from $1,200/$2,400. t
.most serious contl twrtt
O
r
Sher Plan (82.5%ro 80 3%)
Deductible Increase to $2,000/$4,OOC from $1,000/5200, Increase OC copay to $65 from $40
$0.25 PEPM (-$5.6k)
Depression costs $12k
per member per year tow + s.
Y`.
Increase DON deductible to $3.000/S5,000 from $2,000/$4,000.
ro treat'.
-
Ind ides prior authorisation, site of ore steerage, and channel management for dugs 0sat are
fiCB4 Speilaky Medical
administered by a health cafe provider and billed under the medical benefit Promotes appropri m.
$0.33
Benefit Management
lovrertost sites of care such as infusion centers or the members home. Steerage of certain set$ (-7'
'Yes
administered specialty drugs from the provider setting to the pharmacy benefit Data Insight
$1.SM In Medical Specialty spend, 24% iocnase YoY. Accounting for 1.1% of total trend.
Remove GLP-1 medication for weight loss from Rightway pharmacy plan.
Elimination of GLP-
From 1011/25 - 3/1/26 the total spend on GIP -1 was $1.1 S6M. Lwkton trended the --I Rx cost
$3.313M HigG'. ,"'Yes
without GLP- I spend forward 19 months to calcuiate the estimated savings
`V
Elimination of GLP 1 +ass
Implement Rlghtwxy Payment Card Pilot Program to Provide employees with streamlined access to :
Direct -to -Co
direct-to-cor,imer pricing.
Hgi
Righhvay adminiswtion (Aqumufrtndedamualsmpfs?142 x$10) a.$33k -:
Ah
..
'Annual fee includes salary. bene$. and taxes, licensing, ongoing "tang and supper, buN6 aavenp4 kprnitat.a tldkrir4YaWn8aW
- .. ...
p, -W. equipment training, recruitment
and onboarding salary.
Gust Savings Renewal . '
Lantern
Shift from voluntary to mandatary plan design for spine and
Mdnddt a and Joint
ory Spin
at Lantern surgical COB. Data Insight $512k In Joint spend
i.,.
est
with surgeries), $593k In spinal spend {70 members with wrgedes),
eY
u
_
•. ;,. a
'Charge nutrition counseling coverage to $0 from CYD + Coins Add 3 visit
fimit before PA is Coverage is diagnosis Diabetes,
Coverage
Total average a cal
for patienn with`
costsestive
e '
required available with a of
through
-
digdisorders •:`
p VirtuNutritionServices
Kidney Disease, Celiac Disease, or Obesity.
medical Plan: * <D.1%
range ham S10N-S65Ns
W
Add Teladoc nutrition support TNa addietitian visit $65 avg. allowed.
of claimup
m 100K+a for the '
,.,
_
.most serious contl twrtt
O
)*
Teladoc Mental Health
Support
Behavioral Health services include Initial Psychiatry Visit - $260, Ongoing
psychiatry Visit - $105, and Therapy Inftia- and Ongoing - $100.
$0.25 PEPM (-$5.6k)
Depression costs $12k
per member per year tow + s.
Y`.
Data Insight Behavioral Health visits have increased 14.6%YoY.
ro treat'.
1 Lgckton INolak Benchmarks GI 001cation 1W 2023-1un 2024 includes medical and Rx sf»nd.
2 P,e le ceand Financial Burdenofugescve Diseaseina CommeMsly'NluredPopuYtiun-CWIiW C.0—bobg$II
31nda. Rwer County mfobck ;,c—ed Aug 2024-H 12025.
17
IN
Item 13.D. May 19,.2026
Cost Savings Renewal Strategy
Lantern - Follow-up Information
► Which joint procedures will be mandatory with Lantern?
► The joint mandate would cover joint replacement and revision surgeries for the
shoulder, knee, hip, ankle, elbow, and wrist. Most common procedures include
. k
joint arthroscopy, ligament repair, rotator cuff repair, knee replacement/ revision,
and hip replacement/ revision.
► What happens if there is no Lantern physician who will accept the patient? :...
► If no Lantern providers will accept a patient, we then will initiate the exemption
process. This will allow the member to receive treatment through their traditional
insurance. Lantern would alert Indian River County that the member qualifies for
an exemption. Once IRC gives their approval to grant the exemption, Lantern
would then contact traditional insurance and provide all relevant details to ensure
this member is able to see a specialist outside Lantern's network and in their
health plan's. They then would be able to proceed with treatment.:
Voluntary Medicare educative: and plan sekai- assista,xe One-on.one
C
coruultad assistance to-stuate Medicare plan options. Off—d to 147 65+
0
Retirees
W Al
Retiree 65, OnW
SO-60%Subsidy: 55 retiree 130-40% Subsidy: 14 retires: 1 020% 53.t perparncic—
M
Voluntary Medicare
W Education
that elects Medicareara $s%k tnw +• Yea
Subsidy. 8retirees (-SBO.Sk)
p�tiree ,-.-.-d Soouse 65.
0% S+.baidy.7 refirws
'62 addit —165+ retirees with order 65 spouses ur retired prior to 2006
Lantern - Follow-up Information
► Which joint procedures will be mandatory with Lantern?
► The joint mandate would cover joint replacement and revision surgeries for the
shoulder, knee, hip, ankle, elbow, and wrist. Most common procedures include
. k
joint arthroscopy, ligament repair, rotator cuff repair, knee replacement/ revision,
and hip replacement/ revision.
► What happens if there is no Lantern physician who will accept the patient? :...
► If no Lantern providers will accept a patient, we then will initiate the exemption
process. This will allow the member to receive treatment through their traditional
insurance. Lantern would alert Indian River County that the member qualifies for
an exemption. Once IRC gives their approval to grant the exemption, Lantern
would then contact traditional insurance and provide all relevant details to ensure
this member is able to see a specialist outside Lantern's network and in their
health plan's. They then would be able to proceed with treatment.:
19
Item 13.D. May 19, 2026
Lantern- Follow-up Information
► What happens in an urgent situation?
► Lantern is only for planned, non -emergency procedures and surgeries. In an urgent
situation, the member would follow the normal process for seeking care in -network
with the medical plan.
► Where will the surgery rehabilitation and follow-up exams take place?
► Lantern does not cover physical therapy. Any physical therapy services would be
covered through traditional insurance. Lantern does cover post-operative surgical
appointments. If the member needs to travel for their visit, Lantern will assist by
administering the travel benefit that is currently in place.
Top��l�ngp.
LANTERN
a %a I. umyuwy wv 90 mapn91auaap1uUU1Usmu 14=Vw W*Wlls w dKC MIMI is
20
331,0
Item 13.D. May 19, 2026
What is the available Lantern network ofY h sicians - local
P
and nation-wide?
�<
Lantern's NetWork of Excetlence
� `±
Surgical Facility •1nfuslonCnnter * In -Horne lnfusion
PgxAation
38 mites
avg. distance for
top 4 surgical
Care categories -
}
y t+ 'INfAMr
..
a fM OI'IfN,
irk'
TOM Mallei xA awL $Bili. 34 *1,.
4 —VAO. at K
21 .
`As o(MDy 7, 2026
25
26
Item 13.D. May 19, 2026
A,,,, Monthly Cash/
Medication Manufacturer M ethodof Administration Direcito Consumer Note
Pridng as of 5/1/26
Single-dose vial via
Lilly Direct; price
Zepbound El, Lilly injectable $299-$449 odes by strength;
(tirzepatide) must fill every 45
ays to maintain
Foundayo
(orforglipron)
Eli Lilly
oral
$149-$349
bystrength; must (II
307
Implied Number of Annual Procedures(A)io
18
6
very 45 days to
1141AN
41111l
(-) Average Lantern Cost','% _____
i1,ifJ
maintain DTC pricin
Average Lantern Sav7ngs($)(6)
f7fr�$S
Average Lantern Savings (%)
vailablevia
Wegovy
Novo Nordisk
injectable and oral
$149-$299 (oraQ; $199-
ovoCere program
rCortco; priang
(semaglutide)
,, s14µ _
(1) As ofApr110. 2026.
$399 (injectable)
odes by tonnulado
(2) Based on Lantern observed trends In carder claims data
(3) Average carder case is for Lantern managed procedures
and dose
(4) Average Lantern rate for managed procedures
- -
No dial
Sazenda
(liraglutide)
Novo Nordisk
injectable
_$7,349
onsumerprogram;
reflects retail cash
gsymia
0 -day supplyvia
hentermine/topi
Vivus
oral
$98
symia Engage
ramate Ef(1
program or at
lCostco
Contrave
tat monthly price
,propioNnaltre
Pfizer/Currax
oral
$99 rough Contrave
ur m
one)
r ro
derram
PEOPLE
SOLUTIONS
Lantern — Mandato y Sine and Joint
Total Employees t'
1,864
t n4
(z) Implied Procedures per 1 000 Employees
5-12
307
Implied Number of Annual Procedures(A)io
18
6
Average Procedure Carrier Cost cu
1141AN
41111l
(-) Average Lantern Cost','% _____
i1,ifJ
t2B89f-
Average Lantern Sav7ngs($)(6)
f7fr�$S
Average Lantern Savings (%)
_ SAM
Ill
Torsi implied Mandatory Opportunity Savings (A a B) (C)
$304,151
$322,952
PEPM Savings jC t Tonl Empbyeu * t��m
f1J.60....,,-
,, s14µ _
(1) As ofApr110. 2026.
(2) Based on Lantern observed trends In carder claims data
(3) Average carder case is for Lantern managed procedures
(4) Average Lantern rate for managed procedures
LOCRTON COMPANIES) 25
Item 13.D. May 19, 2026
11Xptt1C�f�
g�E T ,
NOttCls2z :*,Pi Y
..
P� ,Plan Design
t Rsplaboic Support t
TNdteaMrbased nutrition tare platform that •
Tekhia lds•based retbNon are platform that
CartAamenbol'c Health Program for dtrp * #
.-.necsn'di
v(iduels with Re ¢iced Dietitian
Nutm sRDNsI with a strong focus on
connects individuals with Registered Dietitian
Nutritionists (RONswho tate the mwnnce
condition maro mens. SuPiPoo °
acrostle spectrum ofcrdmrK
chronic disease management weight loss, and
for t:l qutritiontherapy.
f ..,
overall well e
. x �-
r!' 1w Fati g disorders, Chronic conditions, Digestive
Eating dkordars, Chronic conditions;
Preditbete, "Ok management, diabetes
Women's Health, Sports Nutrition. Pregrorry
Digestive, Women'sHealth, Sports Nutrition,
and hypertension: a� ..
_.
Nutrition
Pregnancy Nuhilion
..
-
Insuranm-covered dietitian visits
Insurance coveted d Teti ianvisits. Registemd
dietRian visits - �,� t mj }
h
dietitians are avaitible for raAfalonv6lts
from 1.am S
.'
seven drys a weak to p,tniehl
titptr
7 n s •
'ft
Ona•on•Orte Tat' . • pe
aro-emOsr Taleheahh AppokMratttr.
MebtOklk{�a[persasFved etre plans that
Penonalimd sessions
Personalized sessions with licensed RDNs
rtegplR _ ', :3 ,. ?•, k .
•
Comprehensive NutriWwAp"iW irb
Comprehensive Nutrition Assessment;
eCoralitted devicesforeBoNesstnckirgof
�' ��
Initial, includes. fdfhealth and
ofest,ieaaililw.
Initial session includes afull health and
lifesryte review
blood pksure, glucaspaltd ht -
a Dedicated care tesAlr.':dYj/
z Yr -
3r 3
AaCh4g: Regular folbw ups with
poeaa> Fjli�iNlRa *"WLptogress tracking
Feod Accts Support: Personalized
num ion guides, grocery lists and meal
1rde
physicam, health c _
dietitians and mmtal he " lenalx
`the
4 S t!(
es messaging
as�lE a�tatad+.ontem, goal
prep advice.
a Mental lt hh support to
emotional to® of chronic corltMdons -
. �;
X
Macldrl$, jN( /klnnhg loci,
a Medrol nutrition therapy and sleep
•
Food An r: discounted meal
support to promote easy -to -maintain f faOyle -
opuons sA I IK,- I, SNAP/WIC for
changes.
. - +..
:t
eagible usersx
Insurano-Covered Orr. 94%-98%at -
• -
,
patients pry $g out-of-pocket
,>.{-..:._..Irrnetwonk
with many major insurance
E4dlb tl pps}ittk
i #:j*400o bwo bang)
Mppitewoedila Cax/Iet *4* mka*wsslrirW ePpettoorAs e
LOCkTON COMPANIES I 29
a � '
28
Item 13.D. May 19, 2026
Allsup Post Cas 0— Contingency Fee
Cost/Benefit Anal � ]R 0`
• Average participation rate (28%) 41
• Average of those that choose alternate benefits (57%) 23
• Average estimated annual GMP cost of a post -65 individual $17,500
• Estimated annual savings (23 x $17,500) $402,S00*
• Estimated total cost of service (23 x $3,500)
29
Silver Plan Only Option
► Lockton evaluated and this would be cost neutral in year one, since the
employer contributions are the same across both plans. Additionally, as you
would be migrating the entire population to the Silver plan, this would
include all of the expense/risk that is currently on the Gold Plan. The plan
would be collecting fewer premium dollars from employees, as well as
removing member choice.
► This strategy would be more impactful if the Silver Plan was a true HSA -
compatible HDHP where there was no first dollar coverage other than
preventive services. According to the Mercer National Survey of Employer
Sponsored Health Plans, only 7% of employers with 500 or more employees are
offering an HSA plan only. This increases just slightly, to 9%, for the
government services industry.
30
f�D2,500�a,annual gross
1wf N, the
k.
31
Item 13.D. May 19, 2026
Current Contribution Strategy 8t Funding
Needs for FY26/27
In order to fund the current level of benefits (including GLP-1 weight loss
medications), $11 AM in additional premiums are needed for a total of
$36.9M.
Funding needs would reduce to $8.1M for a total of $33.6M without GLP-1
weight loss medication coverage under the plan. Funding request is for $7.8M
Proposed Plan 2027 Monthly 2027 Monthly 2027 Monthly
Name Tier 2027 Enrolled Rate Employee Employer Cost 2027 EE%
Contribution
• r.r r rr
t
err •.
Totalr
Silver ploye
To a I r
$ Employee $ Employee $ Employer
$ Employee % -Employee 5 Emolover % - Emolover
32
3
Change Change Change Bi- Change
Annually
!
Weekly I�
g
rr rt
r,•
rr"
32
3
Recommendations to Consider
► Plan Design Option A - $749K savings (Option B $1.092M savings)
► BCBS Specialty Medical Benefit Management - $39K savings
► Elimination of GLP-1- $3.313M savings (+ Pilot Direct -to -Consumer $3.280M
savings)
No. Lantern Mandatory Spine and Joint Procedures - $627K savings
► Change nutrition counseling coverage to $0 copay. Add 3 visit limit before prior
authorization is required. Coverage is available with a diagnosis of Diabetes,
Kidney Disease, Celiac Disease, or Obesity. Add access for nutrition support
without diagnosis for PCP copay. Add Teledoc nutrition support to existing Teledoc
program. $10K to $100K savings for most serious conditions
► Teledoc Mental Health Support - Add behavioral health services for increased
access to mental health support.
► Partner with Allsup to provide retirees who are Medicare eligible with plan
selection assistance. Potential for saving $196K in first year.
► Contribution increase for FY26/27 providing $7.8M in additional funding (w/o GLP-
1). This assumes a 10% migration to the Silver Plan. Cost share between employer,,
and employee.
33
Item 13.D. May 19, 2026
Indian River
County, Florida
Memorandum
File ED: Type: Meeting Date:
2026-587County Attorney Matters May 19, 2026
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Jennifer Shuler, County Attorney
From: Christina Moore, Senior Paralegal
Date: 04/07/2026
Subject: Vero Lakes Estate MSTU Advisory Committee (VLEMSTUAC)
Vacancies Appointments
Background:
On December 3, 1984, the Board of County Commissioners adopted Ordinance 1984-081, which
established the Vero Lakes Estate MSTU Advisory Committee (VLEMSTUAC), The purpose
of the advisory board is to make recommendations: in writing to the BCC from time to time of
how MSTU funds should be spent, on roadway and drainage projects in the Vero Lake Estates
area. The committee has been dormant. The Vero Lake Estates Property Owners Association
(POA) contacted Commissioner Susan Adams regarding its desire to.restart the committee.
Public Works staff and the County Attorney's office met with the Vero Lake Estates POA to
discuss restarting the committee. The County Attorney prepared the committee's vacancy notice
and published it on the County's Website and social media platform. It is also posted on the
Vero Lake Estates Property Owners Association website.
This agenda item is to consider the ;appointment of seven (7) applicants to fill the vacant position
of "Member" on the Vero Lakes Estate MSTU Advisory Committee.. Individuals applying must
be owners of property living within the boundaries of the Vero sake Estates MSTU:: The
vacancy has been advertised on the County's website and onChanne127 in excess of 30 days.
The following are the names of the individuals who submitted applications for the vacant
positions`.
• Lisa M. Coontz
• William J. Davies
• Mark Hayek
• Rebecca L. Heyman
• Kathryn Jack
Page 332 of 386
• Richard M. Klipstine
• Donald Mcadams (no resume or letter of interest)
• Dede S. McCaslin
• Jesus P. Palomo
• Dale A. Ruopp
• Chad J. Sharpeta
• M. Sue Valenza
Analysis:
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
The County Attorney recommends that the Board review the applicants' resumes, applications or
letters of interest and determine which applicants to appoint to fill the vacancies for the
"Members" to the Vero Lakes Estate MSTU Advisory Committee.
Attachments:
Page 333 of 386
1. Application - CoontzLisaM
2. LtrofInterest - CoontzLisaM
3. Application - DaviesWilliamJ
4. Ltroflnterest - DaviesWilliam
5. Application - HayekMark
6. Resume - HayekMark
7. Application - HeymanRebecca
8. Resume - HaymenRebecca
9. Application - JacksKathryn
10. Resume - JacksKathryn
11. Application - KlipstineRichardM (VLE)
12. Resume - KlipstineRichardM
13. Application - McadamsDonald (no resume)
14. Application - McCaslinDedeS
15. Resume - McCaslinDedeS
16. Application - PalomoJP
17. Resume - PalomoJP
18. Application - RuoppDaleA
19. Ltroflnterest - RuoppDaleA
20. Application - SharpetaChadJ
21. Resume - SharpetaChadJ
22. Application - ValenzaMSue
23. Resume - ValenzaMSue
Page 334 of 386
Indian River County Boards & Commissions Submit Date: Mar 24, 2026
Profile
Lisa M Coontz
First Name Middle Last Name
Initial . .. . _; .. ..
Imcoontz@yahoo.com -
Emall:Address
8086 105th Ct .
Street Address Suite or Apt
Vero Beach FL 32967
City - - State - Postal Code
Home: (330) 780-6807
Primary Phone Alternate Phone
retired
Employer Job Title
Which Boards would you like to apply for? ..
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County?
11 years
l ..
Are you a full-time or part-time resident? Select one.
Pr Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
Coontz Excavating Office Manager. All AC, AR, billing, DOT filings,
Please list any licenses you presently hold:
n/a
Please list any organization of which you are currently a member;
_. .
Vice President, Vero Lake Estates Property Owners
Please list any other committees or boards you currently sit on:
Vice President, Vero Lake Estates Property Owners
Interests & Experiences
Lisa M Coontz Page 335 of 386
Why are you interested in serving on a board or commission?
As the vice president of Vero Lake Estates Property Owners, I feel the need to be more
involved in my community, and to look out for the best interests of our residents
vlepo.docx
Upload a Resume
Demographics
Race (Used for State Reporting)
p' Caucasian
Do you have a government recognized disability? (Used for State reporting
information)
o Yes r No
Lisa M Coontz Page 336 of 386
Lisa M Coontz
8086105th Ct
Vero Beach, FL 32967
330 780 6807
lmcoontz0byahoo.com
3/24/2026
To Whom It May Concern:
I am interested in joining the MSBU board in reference to Vero Lake Estates.
I am currently the vice president of VLEPO, and feel that my involvement would be
beneficial to our residents, as I have their best interests at heart.
Regards,
Lisa M Coontz
Page 337 of 386
Indian River County Boards & Committees
Application
LI
Submitted by: William Davies
Submitted On: 2026-04-01 14:03:42
Submission IP: 12.160.153.194 (172.31.66.102)
proxy -IP (raw -IP)
Status: Open
Priority: Normal
Assigned To: Boards BoardsDL
Due Date: Open
Attachments
• Ltroflnterest - DaviesWilliam.pdf - 2026-04-01 02:03:43 pm
Boards and Committees Membership Application
* First Name
William
Last Name
Davies
* How long have you been a resident of Indian River County?
20 years:
Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee.
Retired - High School Business Teacher
Please list any licenses you presently hold:
None
Please list any organization of which you are currently a member:
New York State United Teacher
Please list any other committees or boards you currently sit on:
None ---
Interests and Experiences
te ests a p
Why are you interested in serving on a board or commission?
I was previously a member of the Vero Lakes Estates MSTU Advisory Committee. I was originally appointed on March 5, 2015. 1 am still
interested in being a member. I believe I will be able to bring institutional knowledge and history to the committee.
* Upload a Resume -.
Choose File No file chosen
The Upload a Resume field is required
Demographics
* Race (Used for State Reporting)
Caucasian
* Do you have a government recognized disability? (Used for State reporting information)
0 Yes Q No
A
History
_ k
Update Submission
Status Priority Due Date
Open Normal
Assigned To Department
Boards BoardsDL Boards Membership Application
Attachments
i Choose Files No file chosen
- Page 339 of 386
Page 340 of 386
William Davies
8676103rd Avenue
Vero Beach, FL 32967
Email: williamidavies(a�yahoo.com
March 25, 2026
Re: Vero Lakes Estates MSTU Advisory Committee
To Whom It May Concern:
I was previously a member of the Vero Lakes Estates MSTU Advisory Committee. I was
originally appointed on March 5, 2015. I am still interested in being a member. I believe I
will be able to bring institutional knowledge and history to the committee.
Thank you for your consideration for appointment on this committee board.
Sincerely,
William Davies
Page 341 of 386
Indian River County Boards & Commissions
Profile
Submit Date: Mar 06, 2026
Mobile: (862) 686-6322
Primary Phone Alternate Phone
Regional Vice President of
NVA Sales
Employer Job Title
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
rw gun nnc
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
National Vision Administrators, LLC
Please list any licenses you presently hold:
Florida Health Insurance Agent
Please list any organization of which you are currently a member:
Please list any other committees or boards you currently sit on:
Interests & Experiences
Marc Hayek
Page 342 of 386
Why are you interested in serving on a board or commission?
I'm interested in serving on the Vero Lake Estates MSTU Advisory Committee because I want
to help improve and protect the community my two young children are growing up in. As a
single father and a property owner in this neighborhood, I care deeply about the safety,
maintenance, and long-term future of our roads and drainage. I want to contribute to
decisions that support a strong, reliable infrastructure for all families in the area.
Marc Hayek Resume 2026.odf
Upload a Resume
Marc Hayek Page 343 of 386
MARC HAYEK
ED marchayek179@gmail.com I `862-686-6322 1 Q Vero Beach, FL
Sales Executive and Regional Vice President with 17 years of progressive leadership at National Vision
Administrators (NVA). Deep expertise in small -group vision insurance, national broker relations, underwriting
collaboration, and high - volume RFP execution. Known for driving growth through data - driven pricing
strategy, territory development, and partnership with field sales teams. Career production includes 1,277
groups sold, 105,146 eligible employees, and a 13.5% lifetime closing ratio.
Work Experience
National Vision Administrators, LLC (NVA) Remote
Regional Vice President of Sales 01 /2024 - Present
• Lead national sales strategy for employer groups of 10-200 eligible employees while managing the newly
assigned State of Florida territory with no employee - count cap.
• Partner with outside sales teams as the technical and strategic closing lead, ensuring proposals, pricing,
and underwriting alignment support field efforts.
• Direct the full RFP lifecycle using PRF input systems, automated Word templates, and macro - driven Excel
underwriting models.
• Serve as the primary liaison between brokers, labor unions, underwriting, and operations to ensure
accurate pricing, profitable placement, and seamless implementation.
• Guide territory - level strategy, pipeline prioritization, and competitive positioning for all small - group
opportunities.
National Vision Administrators, LLC (NVA)
Director of Sales, Small Group
Remote
12/2010 - 01/2024
• Managed all broker relationships, requests, and follow - ups for small groups (10-200 eligible employees)
nationwide.
• Developed, processed, and delivered all rate quotes with 100% on - time submission.
• Produced provider directories, Geo Access reports, and proposal documents supporting national small -
group growth.
• Supported expansion of NVA's small - group broker database and strengthened competitive positioning
within the vision benefits market.
National Vision Administrators, LLC (NVA)
Account Executive
Clifton, NJ
04/2009-12/2010
• Managed installation and onboarding for groups under 100 eligible employees.
• Conducted proactive outreach to strengthen client relationships and identify service improvements.
• Coordinated with internal departments to ensure timely delivery of services and accurate enrollment,
claims, and appeals support.
• Communicated client issues and resolutions across operational teams. TECHNICAL SKILLS & LICENSING
Education
Wayne Valley High School I Wayne, NJ
Skills
Systems: Microsoft Dynamics CRM, PRF Input Systems, AS400, Geo Access, RFP automation tools,
Software: Microsoft Office Suite (Excel, Word, Outlook), advanced Excel modeling & macros, Licensing:
Licensed Producer of Accident & Health Insurance in 33+ states, including FL, NJ, NY, TX, CA, GA, PA, IL
Page 344 of 386
Indian River County Boards & Commissions
Submit Date: Apr 29, 2026
Profile
Rebecca Heyman
First Name Middle Last Name
Initial
rlhmlaw@hotmail.com -
Email Address-
.. ... ... .
8116 104th Ave
Street Address Suite or Apt
Vero Beach FIL 32967
City State Postal Code
Home: (443) 4.18-7599
Primary Phone Alternate:Phone
retired 6/2025 attorney
Employer Job Title
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County? ......
10 months
Are you a full-time or part-time resident? Select one.
Fl Full Time
Please list current employer or businesses. If retired, please list any, business
experience that may be applicable to the committee. .
retired attorney
Please list any licenses you presently hold:
Maryland and Federal Bar
Please list any organization of which you are currently a member:
none
Please list any other committees or boards you currently sit on:
none
Interests & Experiences
Rebecca Heyman
Page 345 of 386
Why are you interested in serving on a board or commission?
wish to be actively involved in my community
RLHMResurneforVLEAoo04302026.pdf
Upload a Resume
Rebecca Heyman Page 346 of 386
REBECCA HEYMAN
8116104" AVE
VERO BEACH, FLORIDA 32987
PHONE: 443A18.T599
EMAIL: RLHMLAW TMAIL.COM
EWFAENCE
December, 1989 to June 2025
Attorney anal Cormsalo at law RqMented chants in cases invokkV Fedemt and State laws
and regdat ons, fam#yyldomesdc issues, pWody dsWes and other legal matters indudng
appellate cases.
Mediator - vdunteedng in Saltimore city. Circuit Court.
EWCAnON
Uniersity of Baltimore, Schad of taw, Baltimore, . Maryiaad
Juris Doctorate
University of Baltimore, Baltimore, Maryland United States
Bachelor of Arts, PsyciwlogylGemrt'ology
Rage 347 of 336
Indian River County Boards & Commissions Submit Date: Mar 19, 2026
Profile
Kathryn jacks
First Name Middle Last Name
Initial - -
kate.l.jacks@gmail.com
Email Address
8065 105th Avenue
Street Address Sulte or Apt
Vero Beach - - - FL 32967 .....
city State Postal Code
Home: (617) 901-9545
Primary Phone
Pwc
Employer
Alternate Phone
Financial Services Industry
Director
Job Title
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County?
4 vears
Are you a full-time or part-time resident? Select one.
p Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
PwC- employer for 18 years.
Please list any licenses you presently hold:
Please list any organization of which you are currently a member:
Friends of the North Indian River County Library Treasure Coast Elementary PTA and SAC
Pathway Church
Please list any other committees or boards you currently sit on:
Treasure Coast Elementary School PTA Board
Kathryn jacks Page 348 of 386
Do you have a government recognized disability? (Used for State reporting
information)
o Yes o No
Kathryn jacks Page 349 of 386
KATE JACKS
Vero Lake Estates, FL 1617-901-9545 1 Kate.L.Jacks@gmail.com
COMMUNITY & STRATEGIC LEADER
Dedicated Vero Lake Estates homeowner and community leader with 17+ years of professional
experience in strategic planning, budgeting, and operational decision-making. Brings a strong
combination of executive -level advisory experience and hands-on local involvement, with a deep
commitment to supporting safe, well-managed, and family -focused community development.
RELEVANT EXPERTISE
• Budgeting & Financial Oversight
• Infrastructure & Community Planning
• Stakeholder Engagement & Representation
• Strategic Decision -Making & Prioritization
• Governance & Committee Leadership
• Data -Driven Recommendations
PROFESSIONAL EXPERIENCE
PwC (PricewaterhouseCoopers) — Director, Financial Services
• Advise senior leaders on strategy, operations, and investment prioritization across complex
organizations
• Evaluate tradeoffs and develop recommendations balancing cost, risk, and long-term impact
• Lead cross -functional teams and drive alignment across diverse stakeholders
• Translate complex data into clear, actionable insights for decision-making
COMMUNITY LEADERSHIP & INVOLVEMENT
• Resident and homeowner in Vero Lake Estates since July 2022, with a strong commitment to the
community's long-term growth and sustainability
• Secretary, Treasure Coast Elementary PTA Board (2 years)
• PTA Member (1 year prior to board service)
• School Advisory Council (SAC) Member (3 years)
• Parent of two children (ages 6 and 7) attending Treasure Coast Elementary
EDUCATION
MBA, Strategic Leadership (Summa Cum Laude)
Amberton University
Page 350 of 386
STATEMENT OF INTEREST
I am a homeowner in Vero Lake Estates since July 2022 and a parent of two young children attending
Treasure Coast Elementary. As both a resident and an active member of the school community, I am
deeply invested in maintaining and improving the quality of life for families in our neighborhood.
I currently serve as Secretary of the Treasure Coast Elementary PTA Board and have been actively
involved for the past three years, including participation on the School Advisory Council (SAC). These
roles have given me experience in community -focused decision-making, collaboration, and
representing the interests of local families.
Professionally, I bring over 17 years of experience advising organizations on strategy, budgeting, and
operational priorities. I regularly evaluate complex tradeoffs and develop clear, actionable
recommendations—skills that directly align with the responsibilities of this advisory committee.
I am passionate about supporting thoughtful planning, responsible use of resources, and infrastructure
improvements that will benefit both current residents and future generations of Vero Lake Estates. I
would be honored to serve and contribute a balanced, community -focused perspective.
Page 351 of 386
Indian River County Boards & Commissions
Submit Date: Mar 06, 2026
Profile
Richard
M Klipstine
First Name
Middle Last Name
Initial
1
richard.klipstine@gmail.com
Email Address
8976 103rd Ct
Street Address
Suke or Apt
Vero Beach
- FL - 32967
City
State Postal Code
Home: (772) 494-9654
Primary Phone
Alternate Phone
Marick Builders
Sales and Design
Employer
Job Title
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County?
25 years
Are you a full-time or part-time resident? Select one.
p' Full Time _. .
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee. -
Marick Builders, DBA: Indian River Cabinet Design
Please list any licenses you presently hold:
N/A
Please list any organization of which you are currently a member;
N/A -
Please list any other committees or boards you currently sit on:
N/A
Interests & Experiences
Richard M Klipstine
Page 352 of 386
Why are you interested in serving on a board or commission?
I'm applying to serve on the Vero Lake Estates MSTU Advisory Committee because I want to
take an active role in how our community's tax dollars are used. I believe it's important that
funding is directed toward the areas where residents feel the impact most. I.E. road
maintenance, drainage, and overall neighborhood upkeep. I want to help ensure that VLE is
not overlooked in these essential areas and that our priorities are clearly represented at the
county level. A well-maintained neighborhood leads to safer roads, stronger infrastructure,
and long-term protection of property values, and I'm committed to supporting decisions that
benefit both current and future residents. I bring a practical, detail -oriented perspective and
understand how infrastructure and maintenance decisions affect homeowners. If selected, I
will participate consistently and work cooperatively with county staff and fellow committee
members to set clear goals and follow through on them. My goal is to help VLE and Indian
River County make responsible, transparent decisions that improve daily life for the people
who live here.
Do you have a government recognized disability? (Used for State reporting
information)
r Yes r No
Richard M Klipstine Page 353 of 386
RICHARD M. KLOSTINE
Cell: (772) 494-9654
richard.khpstine@gmail.com
EDUCATION
Florida State University, Tallahassee, FL
Bachelor of Science, Sports Management December 2022
Minor in Hospitality Management
Master of Science, Sports Management May 2024
EXPERIENCE
Indian River Cabinet Design/Marick Builders, Vero Beach, FL February 2024 -Present
• Provided exceptional customer service by assisting clients in selecting products that. best fit their
needs and preferences
• Developed strong product knowledge across multiple categories to communicate features and
benefits to customers effectively
• Provided ongoing support for post -sales activities, including order tracking, returns processing, and
resolving customer inquiries or issues
• Conducted regular site inspections to monitor work progress, identify potential risks or delays, and
implement corrective actions as needed
Florida State University Football, Tallahassee, FL June 2022 -August 2023
Personnel Recruiting Student
• Evaluated talent and fit of potential student -athletes
• Presented new and interesting student -athletes to recruiting staff
• Curated profile tapes for potential student -athletes
• Populated recruiting software with relevant data about potential
student -athletes Assisted with various aspects of on -campus recruiting events
Florida State University Survey Foundry, Tallahassee, FL January 2021 -August 2022
• Conducted extensive surveys
• Submitted data through Microsoft Access
INVOLVEMENT / LEADERSHIP EXPERIENCE
Pi Lambda Phi Fraternity, FSU March 2020 -December 2022
• 112 -person men's organization that believes in scholarship, leadership, character, finance,
commitment, and equality for all
• Founding Father
Initiated as a founding member
• Well-developed Man Coordinator
Appointed to design a program that encourages every brother to become well-rounded
• Director of Risk Management
Appointed to Coordinate events and develop a proactive approach to risk
management
• Interfraternity Council Rush Mentor, FSU
Fall 2020
Led a small group of men through the fraternity rush process and acted as a first impression
for potential new members in a conversational, relaxed environment
Page 354 of 386
Indian River County Boards & Commissions Submit Date: Mar 16, 2026
Profile
Donald Mcadams
First Name Middle Last Name
Initial
dandydon3@aol.com
Emall:Address
8285 102nd Ct
Street Address Suite or Apt
Vero Beach IFIL 32967
City State Postal Code
Mobile: (954) 536-0439
Primary Phone Alternate:Phone -
Retired
Employer Job Title - - - - - - -
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County?
18
Are you a full-time or part-time resident? Select one.
p Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
Previous owner of automotive shop - south FI . .
Please list any licenses you presently hold:
Please list any organization of which you are currently a member:
Vie property owners
Please list any other committees or boards you currently sit on:
Interests & Experiences
Donald Mcadams Page 355 of 386
Why are you interested in serving on a board or commission?
Have lived in Vie and my deceased wife was always interested!
Upload a Resume
Demographics
Race (Used for State Reporting)
Pr Caucasian
Do you have a government recognized disability? (Used for State reporting
information)
r, Yes r_,No
Donald Mcadams Page 356 of 386
Indian River County Boards & Commissions
Profile
Deidra S Mccaslin
First Name Middle Last NiOne
Initial
dedemccaslin@gmail.com
Submit Date: Mar 10, 2026
EmalFAddress
7945 105th Avenue
Street Address Suite or Apt
Vero Beach FL 32967
City
State Postal Code
Mobile: (772) 214-2937 Mobile: (772) 214-2938
Primary Phone Alterriate Phone
Mccaslin Exclusive, LLC CEO
Employer Job Title
Which Boards would you like to apply for?
VLEMSTUAC -Vero Lake Estates Municipal Service Taxing Unit Advisory Committee:
Submitted -
How long have you been a resident of Indian River County?
Since 2015
Are you a full-time or part-time resident? Select one.
R Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
Vero Lake Estates Property Owners, Inc. (VLEPO), Volunteer President - serving a community
of over 5,000 registered voters. Responsible for organizing informational meetings for
residents on local issues, facilitating clear communication between residents, local officials,
and service providers to ensure peaceful resolutions; overseeing organizational planning,
budgeting, and volunteer coordination. Please see resume for more information.
Please list any licenses you presently hold:
I am State of Florida Commissioned Notary. I work as a paralegal and Notary Signing Agent
through my business, McCaslin Exclusive, LLC which was initially established in 2002.
Please list any organization of which you are currently a member:
Vero Lake Estates Property Owners, Inc. (VLEPO) National Notary Association
Deidra S Mccaslin Page 357 of 386
Please list any other committees or boards you currently sit on:
Vero Lake Estates Property Owners, Inc. (VLEPO) - President
Interests & Experiences
Why are you interested in serving on a board or commission?
When I purchased my home in 2015, 1 contacted the MSTU board and was denied any
information about how it worked, the budget, and funding. As the president of VLEPO, I felt it
was my obligation to learn as much as I could about the MSTU funds as well as the process
and systems of the MPO, Road and Bridge, and the county in order to serve my community. I
have been working regularly with Commissioner Adams to identify the problem areas and
the needs of my community. I strive to educate the community about the funds and how
they are allocated. Most importantly, I am constantly in contact with VLE residents and I hear
their concerns for VLE's drainage, roads, and lights, which provides me with knowledge and
insight to help the board design a plan for the MSTU funds. My background in business
ownership, regulatory compliance, and administrative management has required careful
review of budgets, documentation, and operational processes. I would welcome the
opportunity to contribute my experience to ensure responsible management of the MSTU
fund in order to provide the greatest benefit to VLE for now and in the future.
MSTU Application_2026-03-
10.pdf
Upload a Resume
Demographics
Race (Used for State Reporting)
R Caucasian
Do you have a government recognized disability? (Used for State reporting
information)
r Yes r No
Deidra S Mccaslin Page 358 of 386
March 8, 2026
Indian River Board of County Commissioners
180127"' Street
Vero Beach, FL 32960-3388
RE: Vero Lake Estates MSTU Position
Dear Commissioners:
I am writing to express my interest in serving as a volunteer member of the MSTU Board. In my current
volunteer position as the President of Vero Lake Estates Property Owners, Inc. (VLEPO) I can confidently
state that I am very well informed of our community's needs. I receive calls, emails, and text messages
daily from VILE residents voicing their concerns over the roads, lighting, and drainage in our community. I
have been working with Commissioner Adams regularly in order to address the community's concerns.
In 1984, the VLE MSTU was created to provide funding and maintaining existing drainage and
transportation system within the boundaries of VLE and "to provide optimum drainage of all rights of
way and of the properties... and identification of thoroughfares and streets requiring improvement,... and
to promote efficiency in transportation and roadway maintenance; funding the acquisition of easements,
right of ways or other properties necessary for the required improvements; " and infrastructure that
might not otherwise be possible through general county funding.
For many years, the MSTU board has been dormant and now is the time to restore it. I am interested in
contributing my knowledge and professional experience to help ensure unbiased, responsible
stewardship of MSTU resources for the community, while maintaining transparency and accountability
in how the funds are managed. I value collaborative decisions -making and careful review of information
so that board recommendations are thoughtful and balanced. This united oversight of resources will
ensure that VILE residents' concerns are addressed in a methodical and practical manner which will be in
the best interest of the entire VLE community.
I would be honored to serve the community in this capacity and would welcome the opportunity to
assist in carrying out the important work of the VLE MSTU. I have attached my resume for your review.
Thank you for your time and consideration in this matter.
Sincerely,
4id;a "Dade" McCaslin
7945105'h Avenue
Vero Beach, FL 32967
772.214.2937
DedeMcCaslin ftzmail.com
Pasae ;359 of 386
Deidra Scott McCaslin
7945 105'h Avenue, Vero Beach, FL 32967
772.214.2937
DedeMcCaslinCcii!amail.com
PROFESSIONAL PROFILE
Experienced business owner with a long, professional track record of leadership, regulatory compliance,
and organizational management. Recognized for strong attention to detail, ethical decision-making, and
commitment to public service. Proven ability to oversee complex operations, manage high pressure
environments, and resolve issues requiring sound judgment and discretion.
PROFESSIONAL HIGHUGHTS
Founded and developed a parent corporation that expanded into three profitable companies,
two of which were later franchised and successfully sold. Ownership of third company, McCaslin
Exclusive, LLC, continues to present date.
• Managed operations for an ISO 9000:2001 certified, nationwide company generating over $15
million in profits which required very specific and detailed operational, financial, and
administrative processes.
• Oversaw a national real estate office, responsible for supervising all transactions from property
listing through title search and closing.
• Experienced paralegal for over 3S years, knowledgeable with legal documentation, contracts,
and processes for Family Law, Estate Planning, and Real Estate.
• Commissioned Notary Signing Agent (since 1990) with extensive experience in handling real
estate closings, loans, and documentation.
COMMUNITY INVOLVEMENT
■ Aero Lake Estates Property Owmm Inc. tMPOL Vdunteer President — serving a community
of over 5,000 registered voters. Responsible for organizing informational meetings for residents
on local issues, facilitating clear communication between residents, local officials, and service
providers to ensure peaceful resolutions, overseeing organizational planning, budgeting, and
volunteer coordination.
. Salvation Army Food Bank Volunteer
■ Disabled Veteran Caregiver Volunteer
Hammell College, West Palm Beach, FL State of Florida Commissioned Notary
ISO 9000:2001 Auditor & Management Certification HRB Tax Training School Certification
Indian River County Boards & Commissions
Profile
Jp Palo_mo
First Name Middle Last Name
Initial
1Palomo2687@gmail.com -
-
Email Address
8976 103rd Ave
Street Address
Suite or Apt
Vero beach:
FIL
City
State
Mobile: 7724531671
Primary Phone
Piper Aircraft
Employer
Home: 7724531671
Alternate Phone
Structure_ mechanic_
Job Title
Submit Date: Mar 06, 2026
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County?
32 yrs
Are you a full-time or part-time resident? Select one.
pI Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
Piper Aircraft, own a local landscaping company
Please list any licenses you presently hold:
Please list any organization of which you are currently a member:
Please list any other committees or boards you currently sit on:
Interests & Experiences
Jp Palomo Page 361 of 386
Why are you interested in serving on a board or commission?
To become a part and voice of our local community to make sure Vero lake estates is
represented in the county
Ip_resume=.pdf
Upload a Resume
Demographics
Race (Used for State Reporting)
R Hispanic -American
Do you have a government recognized disability? (Used for State reporting
information)
r Yes r No
Jp Palomo
Page 362 of 386
Jesus Palomo
AVIATION MECHANICAL TECHNICIAN
8976 1031d Ave Vero beach F132967 772-453-1671 1 Jpabmo2687@GmaiLcom
Objective
To continue development in my mechanical skills and knowledge with a prestigious aviation company.
Will harness in-depth knowledge of the company's policies, procedures, and client base to help the
company continue to succeed. Talented in leveraging individual skills and knowledge to promote
company profitability.
Professional Experience
Piper Aircraft -Structural Sheet Metal Assembler 12023- Current
Assemble the P-44 Seminole wings
• Assist the supervisor in the production of high-quality aircraft wing assemblies following Process
Specs (PPS) and other manufacturing instructions.
• Assist in meeting or exceeding planned production and delivery schedules while maximizing
company resources to achieve company goals.
• Build complex wing sections as well as control surfaces requiring critical drilling, reaming, fitting,
riveting, and trimming with minimal quality defects at a high productivity rate.
• Rework major discrepancies as necessary, Perform major and regular Material Review Board
repairs.
Shoreline Shutters & Exterior Building Products- Mar 2016- Jun 2023
• Manufactured and Fabricated Aluminum Roll down shutters with electrical motors and wiring
Leading position managing the custom production of roll down department.
• Improved departmental performance by completing cost saving activities such as tooling
improvements, eliminating waste, etc.
Utopia Marine Service —Jan 2013- Nov 2016
• Perform 75hr Outboard Service, 200hr Outboard Service, complete electrical rigging boats and
trailers. Perform engine diagnostics and repairs. Troubleshoot and repair electrical issues on
Outboard, Inboard and diesel engines.
Education
Marine Mechanical Institute — 2012
MMI basic engine theory to the more technical aspects of marine product service, rebuilding,
troubleshooting and repair. 51 -week training program with leading OEM. Electrical Diagnostics, Rigging,
Electrical Systems and Engines
Page 363 of 386
Indian River State
Associate Business Management
Sebastian River High School
DIPLOMA BUSINESS (HONORS)
Skills & abilities
• Skilled with repairing, troubleshooting, installing and equipment maintenance.
• Strive for continuous improvement to processes and procedures.
• Ability to work different shifts and flexible hours if required.
• Proficient in the usage of air powered hand tools and related equipment.
• Highly motivated to grow in the aviation industry.
• Performs great in a team environment.
• Bi -lingual (English & Spanish)
References
Available upon request.
College
Page 364 of 386
Indian River County Boards & Commissions Submit Date: Apr 12, 2026
Profile
Dae
A Ruopp
First Name
Middle Last Name
Initial.
daruopp@gmail.com
Email Address
7766 98th Ct
Street Address
Suite or Apt
Vero Beach _ _
- FL 32967
City
State Postal Code
Home: (207) 299-8951
Primary Phone
Alternate Phone
Retired
Employer
Job Title -
Which Boards would you like to apply for?
VLEMSTUAC - Vero Lake Estates Municipal Service Taxing Unit Advisory Committee
Submitted
How long have you been a resident of Indian River County?
10 years
Are you a full-time or part-time resident? Select one.
Pr Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.:
I retired from working as a regional director from the Maine Department of Labor in 2015.
Also worked as a supervisor and counselor. I was responsible for assuring federal and state
monies were budgeted and allocated for case service delivery to vendors and clients.
Please list any licenses you presently hold:
Please list any organization of which you are currently a member:
Please list any other committees or boards you currently sit on:
Dale A Ruopp Page 365 of 386
Interests & Experiences
Why are you interested in serving on a board or commission?
As a homeowner in VLE for over 10 years I have an interest in helping to assure that VLE has
an infrastructure that can support its residents. I think it is also important to try to maintain
the unique environment that VLE offers. This includes its roads and sidewalks. As a
community, I think VLE is in a place where that uniqueness is facing a challenge as the
number of residents increase. I would like to be part of the conversation.
Dale A Ruopp Page 366 of 386
April 12,2026
To whom it may concern:
I am submitting this letter as part of the
application process to serve on the VLE MSTU.
As I have been retired for over ten years my
resume is a bit dated, as the last position I
have applied for was in 2010.
Before retiring I worked for the State of Maine
with the Bureau of Vocational Rehabilitation in
various capacities. Beginning in 1982 as a
counselor until 1987 when I was promoted to
Casework Supervisor. I remained in that
position until 2010 when I again was promoted
to a Regional Director, and worked in that
position until my retirement in 2015. Page 367 of 386
budgets, purchase services; and work with
clients and vendors in order to achieve
successful employment outcomes for our
clients.
I think the many aspects and years providing
these services for Maine residents would also
benefit my neighbors in VLE. I would
appreciate an opportunity to be a member of
the MSTU.
Thank you for your consideration.
Dale Ruopp
Page 368 of 386
Indian River County Boards & Commissions
Profile
Submit Date: Mar 26, 2026
How long have you been a resident of Indian River County? - ..
-2 years however, I have lived in IRC previously and have beenan both St. Lucie.and Indian
River for over 25 years.
Are you a full-time or part-time resident? Select one.
® Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.
Indian River County Sheriffs Office
Please list any licenses you presently hold:
Please list any organization of which you are currently a member:
Please list any other committees or boards you currently sit on:
Chad J Sharpeta Page 369 of 386
Interests & Experiences
Why are you interested in serving on a board or commission?
I am interested in serving on this board within the county I reside in because I bring a deep,
long-standing commitment to this community, along with valuable institutional knowledge
and a genuine desire to contribute to its continued growth and success. Having lived in St.
Lucie and Indian River counties for over 25 years, I have witnessed firsthand how the county
has evolved—its challenges, its achievements, and the opportunities that lie ahead. This
perspective gives me a strong sense of responsibility and pride in helping shape its future in
a thoughtful and meaningful way. In addition to being a long-term resident, I have also
dedicated over 10 years of professional service working for the county. Through my role, I
have gained an in-depth understanding of how local government operates, including the
processes, policies, and collaborations necessary to effectively serve the public. This
experience has allowed me to see not only the internal workings of county departments, but
also the impact that decisions made by boards and commissions have on residents,
businesses, and overall community development. My time working for the county has
strengthened my ability to approach issues with a balanced and informed perspective. I
understand the importance of transparency, accountability, and fiscal responsibility, and I
recognize how critical it is to listen to community members while also considering long-term
sustainability. I have worked alongside diverse teams, navigated complex situations, and
contributed to solutions that prioritize the well-being of the county as a whole. These
experiences have prepared me to participate effectively in discussions, evaluate proposals
carefully, and make decisions that reflect both community needs and practical
considerations. Serving on a board would allow me to take my commitment one step further.
I am motivated not only by my professional background, but also by my personal connection
to this community. This is where I have built my life, and I am invested in ensuring that it
remains a place where people can thrive. I care about responsible growth, preserving the
character of the area, and supporting initiatives that improve quality of life for all residents.
Furthermore, I believe my longevity in the community allows me to serve as a bridge
between the past and the future. I understand the history and values that have shaped the
county, while also recognizing the need to adapt and innovate. This balance is essential for
thoughtful decision-making and effective governance. Ultimately, my goal in serving on a
board or commission is to give back to the community that has given me so much. I am
committed to being a dedicated, fair-minded, and engaged representative who will approach
this responsibility with integrity and respect. With my combined experience as both a long-
time resident and a county employee, I am confident in my ability to make a positive and
lasting contribution.
Personal Resume_2026.docx
Upload a Resume
Demographics
Race (Used for State Reporting) *
p Caucasian
Do you have a government recognized disability? (Used for State reporting
information)
r Yes r No
Chad J Sharpeta Page 370 of 386
CHAD SHARPETA
CS Chads2186(a),emaiLcom (772) 480-8531
8356 100`" Avenue, Vero Beach, FL 32967
PROFESSIONAL Currently, I am a dedicated Detective with over 10 years of law enforcement experience who is
SUMMARY skilled at working with the general public and handling a wide range of mentally and physically
demanding high -stress situations. I hold numerous instructor certifications and strive to provide
agency members with the best training available. Prior to my employment with the Indian River
County Sheriffs Office, I served over 5 years in the United States Army as an Infantry Soldier. I
have completed 2 combat tours during both Operation Iraqi Freedom and Operation Enduring
Freedom with almost 2 years of combat deployment time. I am dedicated and motivated to
excel in any position I hold. I am thorough and care about the community and the people who I
am entrusted to protect.
INFANTRY SOLDIER United States Army 04/2008-02/2014
EMPLOYMENT • Served as a team member during situational training exercises and live combat while
HISTORY deployed to both Iraq and Afghanistan.
• Kept up-to-date on mission objectives by researching intelligence targets to understand
significance in geopolitical context.
• Maintained 100% accountability of all assigned equipment worth more than $75,000.
• Responded to emergencies with speed, efficiency and knowledgeable assistance.
• Served as a team leader responsible for supervising 3-5 subordinates at any given time.
LAW ENFORCEMENT DEPUTY Indian River County Sheriff's Office 02/2016 -Present
• Entrusted with the protection of citizens by preventing crime, enforcing laws,
monitoring traffic and apprehending suspects.
• Response to emergency calls for service quickly and safely.
• Knowledgeable in criminal and traffic laws.
• Able to conduct thorough and in-depth criminal investigations.
• Certified Drone Operator
FIELD TRAINING DEPUTY Indian River County Sheriff's Office 07/2019 — Present
• Responsible for supervising and training probationary Law Enforcement Deputies in all areas of
day-to-day law enforcement duties.
• Demonstrates the real-world application of classroom -based training received in the law
enforcement academy.
• Ensures completion of daily observation reports necessary for documentation of trainee progress
throughout the FTD program.
DRONE OPERATOR Indian River County Sheriff's Office 11/2019 - Present
Works in conjunction with the agency's SWAT team to provide surveillance and real time imagery
during tactical operations.
Responsible for ensuring each flight is in compliance with all FAA regulations
Maintains a part 107 UAS operator license which allows for commercially operated drones.
TRAINING UNIT Indian River County Sheriff's Office 03/2021-10/2022
• Responsible for providing quality and up to date training for all sworn agency members classroom
in the areas of Firearms, First Aid, P.I.T., Defensive Tactics, Taser, Less Lethal Munitions, Policies
and Procedures.
• Development of lesson plans and scenario based realistic training sessions.
• Responsible for scheduling, requisitions and equipment.
• Responsible for the coordination of the ride along program and various aspects of the recruiting
team.
Page 371 of 386
CS CHAD S
Chads2186na email.com (772) 480-8531
8356 100th Avenue, Vero Beach, FL 32967
Special Victim's Unit Detective Indian River County Sheriffs Office 02/2024 - Present
• Conducted thorough investigations of sensitive cases involving sexual assault and
child exploitation, ensuring adherence to legal protocols and victim support
services.
• Collaborated with multidisciplinary teams, including social services and forensic
experts, to gather evidence and provide comprehensive case management.
• Management of a diverse case load ensuring timely and effective resolution
while providing support to victims and their families.
• Member of the South Florida Internet Crimes Against Children Task Force.
EDUCATION WESTWOOD HIGH SCHOOL Fort Pierce Class of 2003
• Achieved a High School Diploma
INDIAN RIVER STATE COLLEGE Fort Pierce 01/2016
• Achieved and Associate in Science degree in Criminal Justice
• Graduated from the Law Enforcement Academy (01/2016 Class # 140)
• President of the Criminal Justice Club
TRAINING NON-COMMISSIONED OFFICER PROFESSIONAL DEVELOPMENT
2011 (80 HOURS)
SPEED MEASUREMENT 01/2018 (40 HOURS)
FIELD TRAINING OFFICER 05/2019 (40 HOURS)
CRISIS INTERVENTION 06/2019 (40 HOURS)
GENERAL INSTRUCTOR TECHNIQUES 09/2020 (64 HOURS)
FEDERAL AVIATION ADMINISTRATION PART 107 CERTIFICATE
11/2019
BASIC PIT (PURSUIT IMMOBILIZATION TECHNIQUE) INSTRUCTOR
11/2020 (8 HOURS)
L.E.A.D.S. USE OF FORCE ANALYSIS AND COACHING FOR FTO's
4/2021 (16 HOURS)
AR1S/M4 ARMORER 5/2021 (16 HOURS)
FIREARMS INSTRUCTOR 06/2021 (44 HOURS)
GLOCK ARMORER 7/2021 (8 HOURS)
SINGLE OFFICER RESPONSE TO ACTIVE SHOOTER 7/2021 (16 HOURS)
BLS INSTRUCTOR 9/2021 (8 HOURS)
FIRST AID INSTRUCTOR 11/2021(40 HOURS)
TASER INSTRUCTOR 01/2022 (16 HOURS)
SIG ARMORER 1/2022 (8 HOURS)
RED DOT INSTRUCTOR 02/2022 (16 HOURS)
BODY WORN CAMERA INSTRUCTOR 05/2022 (8 HOURS)
DE-ESCALATION INSTRUCTOR 09/2022 (16 HOURS)
Page 372 of 386
Indian River County Boards & Commissions
Submit Date: Mar 09, 2026
How long have you been a resident of Indian River County?
22 Years
Are you a full-time or part-time resident? Select one. * -
Ir Full Time
Please list current employer or businesses. If retired, please list any business
experience that may be applicable to the committee.. .
Mr Oil Xpress Lube 9895 N US Hwy 1,Sebastian, Florida (part time) See attached resume.
Please list any licenses you presently hold:
Please list any other committees or boards you currently sit on:
None
Interests & Experiences
M. Sue Valenza Page 373 of 386
Why are you interested in serving on a board or commission?
As a full time resident of Vero Lake Estates , I would like to see the community improved and
roads upgraded to service the residents of this growing community.
Resump, for -MS TU.docx
Upload a Resume
Demographics
Race (Used for State Reporting)
pr Caucasian
Do you have a government recognized disability? (Used for State reporting
information)
c5 Yes r No
M. Sue Valenza Page 374 of 386
M. SUE VALENZA
9016107 TH COURT
VERO BEACH, FI 32967
The following is a brief outline of my employment/life history.
1972-1989 Second National Bldg. & Loan in Ocean City, Maryland
I started as an executive secretary, then became the Corporate Secretary and in
charge of various branches. Later I was transferred to the main office and was a
Senior Vice President for Mortgage Origination.
1990 -2004 My husband I moved on to our sailboat and cruised various areas taking on
jobs here and there.
2004 -2009 Keil & Krist Interiors, Vero Beach.
I was the bookkeeper and helped with interior design until the economy caused
them to close the business.
2010 — present Realty Management & Development, Sebastian, FL
I started here managing commercial properties located in Vero Beach , Sebastian and
Ocean City, NJ . This included leasing and taking care of all the financial aspects of five
Partnerships who owned these properties. My boss started operation of Mr Oil
Xpress Lube at 9895 N US Hwy 1 in Sebastian in February 2015. 1 take care of the
Bookkeeping and all financial matters in connection with the oil change as well as
managing the office.
I have attended almost every VLEPO meeting since moving here and learned a lot about the
development and county from the various speakers. If you need any additional information
please feel free to call me.
Page 375 of 386
vER r
Indian River
County, Florida
0Memorandum
File ID: Type:
2026-657 Commissioners Matters
To: Board of County Commissioners
Through: Commissioner Susan Adams
From: Kim Moirano, Lead Commissioner Assistant
Date: 04/30/2026
Subject: Update on District 1
Background:
I would like to inform the Board of an update on District 1.
Analysis:
Budgetary Impact:
Previous Board Actions:
Potential Future Board Actions:
Strategic Plan Alignment:
Other Plan Alignment:
Staff Recommendation:
Attachments:
None
15 ("I
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
Indian River County Website
Meeting Date:
May 19, 2026
Page 376 of 386
Indian River
County, Florida
Memorandum
Type:
Special Districts and Boards
Indian River County
Administration Complex
180127th street
Vero Beach, Florida 32960
Indian River County Website
Meeting Date:
May 19, 2026
r661
To: Board of County Commissioners
Through: John Titkanich Jr., County Administrator
Sean Lieske, Utilities Director
Himanshu Mehta, Managing Director
From. Catherine Lyons, SWDD Assistant Managing Director
Date: 04/17/2026
Subject: Annual CPI Adjustment for SWDD Agreements
Background:
The Indian River County (IRC) Solid Waste Disposal District (SWDD) Board has the following
agreements with contractual partners that include an annual adjustment clause:
Atlas Organics Indian River, LLC (Atlas) = On November 19, 2019, the.SWDD Board
authorized the Yard Waste Processing and Disposal Services Agreement with. Atlas for a period
of 10 years. This agreement commenced on January 1, 2020, and approved the rates for
processing of yard waste and the recycling: of the yard waste. Article 4 of this agreement
provides a CPI rate adjustment process specified in the referenced Exhibit A of said agreement
with the maximum rate adjustment limited to 3%.
Indian River Sustainability Center, LLC (IRSC) — On July 13; 2021,. the SWDD-Board
approved the Wastewater Treatment Agreement between SWDD and the IRSC. This agreement
is for the design, construction, and operation of a 30,000 gallon per day (GPD) Wastewater
Treatment Plant (i.e., Evaporator). Section 4.4 of this agreement provides a CPI rate adjustment
process specified in the referenced Exhibit F of said agreement with the maximum rate
adjustment limited to 3%.
Waste Management Inc. of Florida (WM) - On July 2, 2024; the SWDD Board entered into a
Franchise Agreement for the Solid Waste and Recyclables Collection with WM.. WM started
providing services on October: 1, 2025. Article 22 of the Franchise Agreement provides for the
compensation provision of the services specified:in the referenced Exhibit 1, along with a
Consumer Price Index (CPI) rate adjustment process specified in the referenced Exhibit 4 of said
agreement with the maximum rate adjustment limited to 5%.
Republic Services of Florida, Limited Partnership (Republic)= On April 8, 2025; the
Page 378 of 386
SWDD Board entered into a Contract Agreement for the Operation and Maintenance of the
Customer Convenience Centers (CCCs) in Indian River County. Republic started providing these
services on October 1, 2025. Article 10 of the Agreement provides for the compensation
provision of the services specified in Exhibit 2, along with the CPI rate adjustment process
specified in Exhibit 3 of said agreement with the maximum rate adjustment limited to 5%.
Republic Services of Florida, Limited Partnership (Republic) = On September 23, 2025, the
SWDD Board entered into a Contract Agreement for the Operation and Maintenance of the
Indian River County Landfill. Republic started providing these services on October 1, 2025.
Article 9 of the Agreement provides for the compensation provision of the services specified in
Exhibit 2, along with the CPI rate adjustment process specified in Exhibit 3 of said agreement
with the maximum rate adjustment limited to 5%.
Bulk Express Transport, Inc. (Bulk Express) — On September 13, 2022, the SWDD Board
approved the agreement for the Transportation of Recyclables to St. Lucie County to Bulk
Express Transport, Inc. (BulkExpress). The term of the agreement was for 3 years with five
additional one-year terms. Article 4 of this agreement provides a CPI rate adjustment only after
the initial 3 -year term with a process specified in Exhibit Iof said agreement with a maximum
rate adjustment limited to 3%.
The purpose of this agenda is to obtain. SWDD Board input and approval on the annual
adjustments and costs requested by these vendors.
Analysis:
In accordance with the respective agreements, Atlas has requested a 1.38% increase; IRSC has
requested a 1.42% increase, WM has requested a 1.22% increase and Republic has requested a
1.22% increase for both the landfill and the CCCs. Bulk Express requested a 1.22% increase.
Staff are also requesting the approval for the one-year extension to the Bulk Express agreement.
Budgetary Impact:
Funding for these agreements will be budgeted in the FY2026/2027 budget and is funded from
SWDD assessments and user fees in the amount and accounts shown below:
Atlas - SWDD/CC & Recycling/Other Professional Services 41125534-033190 ($2,969,600)
IRSC - SWDD/Landfill/Leachate Evaporator Expenses 41121734-033493 ($3,248,000)
Bulk Express - SWDD/CC & Recycling/Other Contractual Services 41125534-033490
($672,420)
Republic Services of Florida - SWDD/Landfill/Contractual Services 41121734-033489
($6,200,000)
Republic Services of Florida - SWDD/CC & Recycling/Other Contractual Services 41125534-
033489 ($5,411,144)
WM - SWDD/Landfill/Other Contractual Services 41121734-033490 ($8,717,725)
WM - SWDD/CC & Recycling/Other Contractual Services 41125534-033490 ($5,338,000)
Previous Board Actions:
Page 379 of 386
Potential Future Board Actions:
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.
Other Plan Alignment:
Staff Recommendation:
Solid Waste Disposal District staff recommends that the Board approve the calculated Consumer
Price Index of a 1.38% CPI allowance for Atlas Organics Indian River, LLC, a 1.421/o CPI
allowance for Indian River Sustainability Center, LLC, a 1.22% CPI allowance for Waste
Management Inc. of Florida, al.22% CPI allowance for Republic Services of Florida, Limited
Partnership and approve staff recommendation to provide a one-year extension and a 1.22% CPI
allowance to Bulk Express Transport, Inc, and authorize the County Administrator or his
designee to send a letter of approval to these companies.
Attachments:
1. Atlas CPI Adjustment
2. IRSC CPI Adjustment
3. WM CPI Adjustment
4. Republic Landfill CPI Adjustment
5. Republic CCC CPI Adjustment
6. Bulk Express CPI Adjustment
Page 380 of 386
EXHIBIT A — CALCULATION OF RATE ADJUSTMENT
One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%) of the change in
the Consumer Price Index (CPI) between the month of June in the prior year (CPI1) and the month of June in the
current year (CP12). The CPI shall be the South Urban Region, All Items—All Urban Wage Earners and Clerical
Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID =
CW U R0300SA0)
If the designated index is discounted or substantially altered, Owner may select another relevant price index
published by the United States Government or by a reputable publisher of financial and economic indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed
three percent (3.0%) of the previous rate.
FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT
Annual Adjustment (as a Percentage) AA = (((CP12 - CPI1) / CPI1) * 0.75));
New Rate = Round ((Current Rate +AA*Current Rate), 2)
Where:
"CP11" = published CPI average for the month of June of the prior year
"CP12" = published CPI average for the month of June of the current year
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENt INCREASE
Assumptions: Current Rate = $10.00 CP11 = 226.618
CP12 = 227.955
Annual Rate Adjustment = ((227.955-226.618)/ 226.618),* 0.75) = 0.44%
Annual Rate Adjustment of 0.44% is less than 3.06, the Maximum allowed.
New Rate = ROUND ($10.00 * (1 + 0.0044), 2) = $10.04
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE
Assumptions: Current Rate = $10.00 CP11 = 226.618
CP12 = 225.618
Annual Rate Adjustment = ((225.618-226.618)/ 226.618) * 0.75) = -0.33%
New Rate = ROUND ($10.00 * (1+ (-0.0033), 2) = $9.97
Annual Rate Adjustment is subject to the approval of the County Administrator or his designee.
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APPENDIX F
CALCULATION OF RATE ADJUSTMENT
One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%)
of the change in the Consumer Price Index (CPI) between the month of June in the prior year
(CP11) and the month of January in the current year (CP12). The CPI shall be the South Urban
Region, All Items — All Urban Consumers, published by the United States Department of Labor,
Department of Labor Statistics (Series ID = CUUR0300SA0)
If the designated index is discounted or substantially altered, SWDD may select another relevant
price index published by the United States Government or by a reputable publisher of financial
and economic indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year
shall not exceed three percent (+/- 3.0%) of the previous rate.
FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT
Annual Adjustment (as a Percentage) AA = (((CP12 - CP11) / CP11) * 0.75));
New Rate = Round ((Current Rate + AA*Current Rate), 2)
Where:
"CP11" = published CPI average for the month of January of the prior year
"CP12" = published CPI average for the month of January of the current year
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE
Assumptions: Current Rate = $10.00 CP11 = 226.618
CP12 = 227.955
Annual Rate Adjustment = ((227.955-226.618)/ 226.618) * 0.75) = 0.44%
Annual Rate Adjustment of 0.44% is less than 3.05yo, the maximum allowed.
New Rate = ROUND ($10.00 * (1 + 0.0044),:2)= $10.04
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE
Assumptions: Current Rate = $10.00 CP11 = 226.618
CP12 = 225.618
Annual Rate Adjustment = ((225.618-226.618)/ 226.618) * 0.75) =-0.33%
New Rate = ROUND ($10.00 * (1 + (-0.0033), 2) = $9.97
Annual Rate Adjustment is subject to the approval of the County Administrator or his designee.
Page 32 of 32
Page 382 of 386
Indian River County Solid Waste Disposal: District
Solid Waste and Recyclables Franchise Agreement
EXHIBIT 4 — CALCULATION OF RATE ADJUSTMENT
One Hundred percent (100%) of the rate adjustment shall be based on seventy five percent (75%) of the
change in the Consumer Price Index (CPI) between the month of January in the prior year (CP11) and the
month of January in the current year (CP12). The CPI shall be the South Urban Region, All Items - All
Urban Wage Earners and Clerical Workers, published by the United States Department of Labor,
Department of Labor Statistics (Series ID = CWUR0300SAO).
If the designated index is discontinued or substantially altered, SWDD may select another relevant price
index published by the United States Government or by a reputable publisher of financial and economic
indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall
not exceed five percent (5%) of the previous rate.
EXCEL FORMULA FOR CALCULATING RATE ADJUSTMENT
Rate Adjustment (%) = ROUND (((((CP12 — CP11) / CP11) * 0.75) * 100),2)
Where:
"CP11" = published CPI average for the month of January of the prior year
"CP12" = published CPI average for the month of January of the current year
"F11" = average published monthly fuel price from January through January of the year prior to F12
"F12" = average published monthly fuel price from January through January of the most recent year
SAMPLE CALCULATION OF RATE ADJUSTMENT
Assumptions:
Rate Adjustment:
Current Rate = $8.00 CP11 = 225.838
CP12 = 230.195
F11 = 3.9185
FI2 = 3.8747
=ROUND (((((230.195-225.838)/225.838) * 0.75) * 100), 2) = 1.93%
Rate Adjustment of 1.93% is less than 5Y, the maximum allowed.
New Rate = ROUND ($8.00 * (1 +0.0193),2) = $8.15
52
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Exhibit 3. Calculation of Rate Adjustment
One Hundred percent (100%) of the rate adjustment shalt be based on seventy five percent (75%) of the change in
the Consumer Price Index (CPI) between the month of January in the prior year (CP11) and the month of January in
the current year (CPI2). The CPI shall be the South Urban Region, All Items - All Urban Wage Earners and Clerical
Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID
CWUR0300SAO).
If the designated index is discontinued or substantially altered, the SWDD may select another relevant price index
published by the United States Government or by a reputable publisher of financial and economic indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed
five percent (5%) of the previous rate.
EXCEL FORMULA FOR CALCULATING RATE ADJUSTMENT
Rate Adjustment (%) = ROUND (((((CPI2 — CP11) / CP11) * 0.75) * 100),2)
Where:
"CP11" = published CPI average for the month of January of the prior year
"CPI2" = published CPI average for the month of January of the current year
SAMPLE CALCULATION OF RATE ADJUSTMENT
Current Rate = $8.00 CPI1 = 225.838
CPI2 = 230.195
=ROUND (((((230.195-225.838)/225.838) * 0.75) * 100), 2) = 1.93%
Rate Adjustment of 1.93% is less than 5%, the maximum allowed.
New Rate = ROUND ($8.00 * (1 +0.0193),2) = $8.15
Indian River County landfill Operating Agreement Final Page 42 of 42
Page 384 of 386
Exhibit 3. Calculation of Rate Adjustment
One Hundred percent (100%) of the rate adjustment shall be based on seventy five percent (75%) of the change in
the Consumer Price Index (CPI) between the month of January in the prior year (CPI1) and the month of January in
the current year (CPI2). The CPI shall be the South Urban Region, All Items - All Urban Wage Earners and Clerical
Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID =
CWUR0300SAO).
If the designated index is discontinued or substantially altered, SWDD may select another relevant price index
published by the United States Government or by a reputable publisher of financial and economic indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed
five percent (5%) of the previous rate.
EXCEL FORMULA FOR CALCULATING RATE ADJUSTMENT
Rate Adjustment (%) = ROUND (((((CPI2 — CPI1) / CPIi) * 0.75) * 100),2)
Where:
"CPI I" = published CPI average for the month of January of the prior year
"CPI2" = published CPI average for the month of January of the current year
SAMPLE CALCULATION OF RATE ADJUSTMENT
Current Rate = $8.00 CPI1= 225.838
CPI2 = 230.195
=ROUND (((((230.195-225.838)/225.838) * 0.75) * 100), 2) =1.93%
Rate Adjustment of 1.93% is less than 5%, the maximum allowed.
New Rate = ROUND ($8.00 * (1 +0.0193),2) = $8.15
36
ACTIVE:38438749.1
Page 385 of 386
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a Political
Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter
called OWNER) and Bulk Express Transport, Inc. (hereinafter called CONTRACTOR). OWNER and
CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1- WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Transportation of recyclables from Indian River County Materials Recovery Facility (MRF) located at
1325 74th Ave SW, Vero Beach, FL 32968 to the St. Lucie County Recycling Facility located at 6120 Glades
Cut -Off Road, Ft. Pierce, FL 34981.
ARTICLE 2 - THE PROJECT
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: Transportation of Recyclables to St. Lucie County
Bid Number: 2022074
Project Address: 132574 th Ave SW, Vero Beach, FL 32968
ARTICLE 3 - CONTRACT TERM
3.01 The term of the contractwill begin October 1, 2022, and continue through September 30, 2025. Five
additional one-year terms may be authorized upon mutual agreement no less than 90 days prior to the end
of the previous term.
ARTICLE 4 - CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work, at the prices stated in CONTRACTOR's
Bid, attached hereto as Exhibit 1. Monthly invoices will be prepared based on tonnages hauled from
the IRC MRF, and submitted by the 101h day of the following month.
4.02 The CONTRACTOR'S price at the time of delivery of goods and services will be the price set forth on
the Bid Form. Amendment to the pricing may be requested by either party 60 days prior to the end
of the current term, based on the One Hundred Percent (100%) of the rate adjustment shall be
based on seventy-five percent (75%) of the change in the Consumer Price Index (CPI) between the
month of January in the prior year (CP11) and the month of January in the current year (CP12). The
CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers,
published by the United States Department of Labor, Department of Labor Statistics (Series ID =
CWUR0300SA0). Each modification shall not exceed 3% increase or decrease from previous price.
Page 386 of 386