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05/24/2016 (2)
4 --Z� ORAV k COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MAY 24, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27`h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation and Retirement Award Honoring Christopher Mora on His Retirement from Indian River County Board of County Commissioners Department of Public Works With Twenty -One Years of --Sery -ice 1-3 ----------------------------------------------------------------------------------------------------------------- May 24, 2016 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE B. Presentation of Proclamation and Retirement Award Honoring Tommy Dupuis on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Thirty Years of Service 4-5 -------------------------------------------------------------------------------------------------------------------- C. Presentation of Proclamation and Retirement Award Honoring Patrick McNeal on His Retirement From Indian River County Board of County Commissioners Department of Public Works/Road & Bridge Division With --Thirty-Five-Years-of Service________________ 6-7 _ ----------------------------------------- _____ _ -- D. Presentation by Rick Hatcher, Executive Director, Treasure Coast Sports Commission on the 2016 FHSAA Girls Softball Championships at Historic Dodgertown ---- ------------------------------------------------------------------------------------------------------------------- E. Presentation for the Indian River Chamber of Commerce by Dr. Tony Villamil, Washington Economics Group, of the Economic Impacts Brief — The Economic Development Return on Public Investment in Indian River County 6. APPROVAL OF MINUTES A. Regular Meeting of April 12, 2016 B. Regular Meeting of April 19, 2016 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. May 25, 2016 All Aboard Florida 100% Plans — Public Review and Comment Session __(memorandum dated May 16, 2016)____________ 8 -------------------------------------------------------- B. Proclamation and Retirement Award Honoring John "Jack" Reschak on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Twenty -Seven Years of Service 9-10 C. Update — May 14, 2016, Sebastian Lionfish Fest __(memorandum dated May_ 17, 2016)11-13 -------------------------------------------------------------------- D. Indian River County Event Calendar Review 14-15 -------------------------------------------------------------------------------------------------------------------- May 24, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE A. Approval of Checks and Electronic Payments — May 6, 2016 to May 12, 2016 (memorandum dated May 12, 2016) 16-24 -------------------------------------------------------------------------------------------------------------------- B. Amendment No. 16 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66`'' Avenue from South of SR60 to North of 57`h Street (memorandum dated May 11, 2016) 25---45-- C. Work Order No. 6, Kimley-Horn & Associates, Inc., Oslo Road and 66"' Avenue Intersection Improvements (memorandum dated May 12, 2016) 46-50 -------------------------------------------------------------------------------------------------------------------- D. Work Order No. 21 Ecological Associates, Inc., Sector 3 Beach Restoration Project, 2016 Post Construction Biological Monitoring Services (memorandum dated May 17, 2016) 51-64 -------------------------------------------------------------------------------------------------------------------- E. 790 AIA, LLC's Request for Final Plat Approval of Sandy Lane PD (memorandum dated May 12, 2016) 65-80 -------------------------------------------------------------------------------------------------------------------- F. Renewal of Pictometry Connect Software Agreement (memorandum dated May 13, 2016) 81-91 -------------------------------------------------------------------------------------------------------------------- G. Amendment to Termination of Lease Agreement with Indian River Sports Complex 16th Street Ballfields (memorandum dated May 16, 2016) 92-94 -------------------------------------------------------------------------------------------------------------------- H. Justice Assistance Grant — Miscellaneous Budget Amendment 018 (memorandum dated May -1-7,-2016) 95---97-- 1. Agenda Item 8I has been removed from the agenda 98-124 -------------------------------------------------------------------------------------------------------------------- 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None May 24, 2016 Page 3 of 7 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. County Initiated Request to Amend (Update) the Text of Several Elements of the County's Comprehensive Plan (memorandum dated May 6, 2016) 125-183 --------------------------------------------------------------------------------------------------------- Legislative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from GEDC Regarding Updating Gifford --Community Acti--vities --------------------------------------------------------------------------------------------- 184 ------ 2. Request to Speak from Louis Schact Regarding St. Francis Manor Lease Options 185 ---------- ----------------------------------------------------------------------------------------- --- --- C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Communitv Development 1. Board Consideration of a Proposed Non-exclusive License Agreement with Friends of the Morningside Drive Dock, Inc., to Use and Maintain a Dock on County -owned Land off South Jungle Trail (memorandum dated May 16, 2016) 186-198 --------------------------------------------------------------------------------------------------------- B. Emergency Services None C. General Services None 1, Human Services None May 24, 2016 Page 4 of 7 12. DEPARTMENTAL MATTERS C. General Services 2. Sandridge Golf Club None 3. Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher. Vice Chairman None C. Commissioner Weslev S. Davis None D. Commissioner Peter D. O'Bryan None PAGE May 24, 2016 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE E. Commissioner Tim Zorc 1. Private -Public Partnerships _ _(memorandum_dated May_ 16, 2016) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 199-209 2. Boys and Girls Club and St. Francis Manor Ground Lease __(memorandum -dated May. 18,2016) ......................... _ _______ 210-214 15. SPECIAL DISTRICTS AND BOARDS A. Emergencv Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc-gov.com 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. May 24, 2016 Page 6 of 7 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposer! 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 .m. May 24, 2016 Page 7 of 7 a PROCLAMATION HONORING CHRISTOPHER MORA ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS WHEREAS, Chris Mora retired from Indian River County Public Works Department effective May 31, 2016; and WHEREAS, Chris Mora began his career with Indian River County as the County Traffic Engineer in 1995. In 2006 Chris was promoted to Assistant Public Works Director, and in 2009 he was promoted to Public Works Director and continued in that capacity until his retirement. As Public Works Director, Chris was responsible for directing 200 employees in nine divisions, a $25 million annual budget, a $200 million capital improvement program and all activities within one of the County's largest departments. Public Works is comprised of Road & Bridge, County Engineering, Fleet Maintenance, Beach/Coastal Engineering, Stormwater Engineering, Land/Right-of- Way Acquisition, Telecommunications, Traffic Engineering, Facilities Management (from 2010) and Parks Division (until 2010); and WHEREAS, Chris Mora implemented the County's Computerized Traffic Signal System which has grown from 47 isolated traffic signals in 1995 to 148 interconnected/coordinated signals today. Under Chris' guidance and through a series of inter -governmental agreements, all traffic signals countywide were brought under County operation and maintenance. Chris brought the state-of-the-art Traffic Management Center to the County Administration Building where traffic signals are managed from a central location. Chris acquired funding from the FDOT for many roadway, intersection and traffic improvement projects. After the devastating 2004 hurricane season, Chris replaced span -wire traffic signals with hurricane -resistant horizontal signals mounted on steel mast arms, and installed generator -ready signal cabinets for emergency power hookups. He made numerous advancements and innovations in roadway, intersection and traffic signal design, signal operation and timing, vehicle detection, video monitoring and congestion/incident management; and WHEREAS, Chris Mora developed a fiber optic communications network which benefits all County departments. Utilizing the new fiber network and signal coordination techniques, Chris improved traffic flow on roads throughout the County. Chris also worked to open new transportation facilities such as 53'd Street between 5e Avenue and USI and 66`x' Avenue between Oslo Road and 49'h Street. Roadway and street lighting improvements were done in Vero Lake Estates and Oslo Park subdivisions, as well as intersection improvement projects. Chris also fine-tuned and expanded the County petition paving and millings program. Under his direction, the Sector 3 truck -haul beach restoration project was accomplished and a new balyield and multi -sport complex was designed and constructed at Historic Dodgertown. He was also responsible for the new traffic signal adaptive control system which is currently under construction and is expected to be completed this year, and WHEREAS, Chris Mora has served this County and the Public with distinction and selflessness. During his twenty-one years of service, he was dedicated and his work was greatly appreciated by his employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Chris Mora's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-one years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 24th day of May 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA _Aol�aA_4_� Bob Solari, Chairman This is to certify that Christopher Mora is here6y presented this Wstirement Award for outstanding performance and jaitfifulservice to Indian fiver County hoard of County Commissioners (For twenty-one years of service On this 31st day of flay 2016 0600 O"n� - . Joseph A. Baird CountyAdministrator B06 Solari Board of County Commissioner, Chairman PROCLAMATION $� HONORING TOMMY DUPUIS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE WHEREAS, Tommy Dupuis retired from Indian River County Fire Rescue effective May 30, 2016, and WHEREAS, Tommy Dupuis began his career on June 13, 1986, as a Firefighter. He was honored in 1988 when he was assigned to the National Parks and Forests of Yellowstone to fight what at that time was the most severe fire in recorded history. It was said he "willingly performed seemingly herculean tasks under the most adverse of circumstances." In the late 1990's, he and his team assisted in the disposal of unexploded military ordinance from our south beaches. He was said to have "exhibited impeccable personal standards of performance forging ahead with positive energy, unbridled initiative and tireless perseverance," which he continued to portray throughout his career, whether fighting structural, brush, electrical, marine, kitchen, auto, or wildfires. WHEREAS, Tommy Dupuis has served this County and the Public with distinction and selflessness. During his thirty years of service, he was dedicated and his work and culinary skills, have been greatly appreciated by his employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Tommy Dupuis' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 24`day of May 2016. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Bob Solari, Chairman ?liis is to certify that Tommy Dupuis is hereby presented this fttirement Award for outstanding perfornrance and faithfulservice to Indsan Wyver County hoard of County Commissioners For thirty years of service On this 3 0th day of W ay 2016 1 John Bo6 Solari ctor of �Ey Services Board of County Commissioner, Chairman sc PROCLAMATION HONORING PATRICK MCNEAL ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKSMOAD & BRIDGE DIVISION WHEREAS, Patrick McNeal retired from Indian River County Road and Bridge Division effective May 31, 2016; and WHEREAS, Patrick McNeal began his career with Indian River County on June 8, 1981, as a Maintenance Worker V. On March 30, 2001, his position was reclassified to Senior Maintenance Worker, and he continued in that capacity until his retirement; and WHEREAS, Patrick McNeal has served this County and the Public with distinction and selflessness. During his thirty-five years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Patrick McNeal's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last thirty-five years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 24th day of May 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman I The Washington weg I i Economics Group, Inc. Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County Submitted to: I off M 0 oM April 29, 2016 2655 LeJeune Road, Suite 1000 - Coral Gables, Florida 33134 Phone: 305 461.381 1 — Fax 305 461.3822 info((b\veg.com - Nvww.Nveg.com % 1 1 W 2% 4 tii�'X•�v %Q iw A 7 j" z c 7�, - �2 I The Washington weg I i Economics Group, Inc. Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County Submitted to: I off M 0 oM April 29, 2016 2655 LeJeune Road, Suite 1000 - Coral Gables, Florida 33134 Phone: 305 461.381 1 — Fax 305 461.3822 info((b\veg.com - Nvww.Nveg.com % 1 1 W 2% 4 tii�'X•�v Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County ................................................................................................................................................................................ Executive Summary ® The Indian River County (IRC) Chamber of Commerce serves as the primary economic development organization on behalf of the Board of County Commissioners. The Chamber's responsibility, as outlined in the County's Comprehensive Plan, is to promote the County for business relocation, retention, expansion and new business development. From The Washington Economics Group, Inc. (WEG) analysis contained in this Brief, the County and the Chamber's economic development functions provide the primary support for economic development in the County. ® Indian River County provides multiple performance-based incentives to qualified targeted companies expanding in or relocating to the County. The purpose of these investments, based on shown results previously agreed by the companies, is to increase economic activity as well as to increase the standard of living for County residents and taxpayers through the resulting growth in Household Income. ® Public and private investments in the Chamber's economic development function provide for a certified economic development director from the private sector to serve as the first point of contact for relocating and expanding companies. This function is critical, serving as the liaison for all of the activities listed throughout this Brief and supporting targeted IRC companies. Some, but not all, of the companies assisted by the Chamber were eligible for and received incentives provided by Indian River County. Other companies received assistance from the Chamber during this period but did not relocate to, or expand in, the County. ® According to WEG estimates, utilizing widely used and professionally accepted methodologies, the paid incentives significantly contribute to economic development for the benefit of County residents and taxpayers. The period covered by the paid incentives is from 2007 -present. ® From 2007 to present, the County has invested $3 million toward economic development. ® The Economic Development Return on Investment (EDROI) to the County was also considered. In calculating economic development ROI, local fiscal revenues as well as the increases in Household Income are taken into account. This is because in addition to increasing local fiscal revenues, the purpose of the performance-based incentives granted is to increase the standard of living of ............................................................................... The Washington Economics Group, Inc. (WEG) ......... ...................... Page 11 7. A.3 Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ............................................................................................................................................................................................................................ Indian River County residents and taxpayers. Household Income is the best measurement to assess the return to local residents from economic development efforts and incentives provided to companies that demonstrate agreed job creation and/or performance results. ® The EDROI to the County is over 15x when both the resulting fiscal revenues and increases in Household Income are taken into account from investments made to the Indian River County Chamber of Commerce to facilitate the attraction, retention and expansion of targeted companies and the paid performance-based incentives by the County. ® In conclusion, the economic development activities and the performance-based incentives generate substantial economic impacts for County residents and taxpayers. The majority of the impacts and jobs that are generated occur in high - wage occupations, and therefore, are important to the present and future economic vitality of the County. ................................................................................................................................................................................................................. The Washington Economics Group, Inc. (WEG) Page 12 7•A Economic Impacts Brief- The Economic Development Return on Public Investment in Indian River County ......................................................................................................................................................................... Economic Impacts Generated by Public Investments Attributed to Performance Incentives Granted The Washington Economics Group, Inc. (WEG) has been retained to prepare an independent economic impact brief detailing the economic impacts of performance- based incentives on Indian River County (IRC). These incentives being studied were provided by the County to nine different companies in industries targeted for economic development. In total, twenty companies were approved for awards but not all submitted documentation to receive their awarded funds. The available incentives included jobs grants and a tax abatement and were awarded beginning in 2007. The Economic Development Return on Investment (EDROI) to the County from the investments relating to economic development efforts and incentives is also considered. The important role that the Indian River County Chamber of Commerce plays in overall economic development in the County should also be considered. The Chamber of Commerce serves as the primary economic development organization on behalf of the Board of County Commissioners. The Chamber's responsibility, as outlined in the County's Comprehensive Plan, is to promote the County for business relocation, retention, expansion, as well as new business development. Since the late 1990s, the private sector has invested over $1.5 million in the Chamber's economic development activities. These private funds are used solely for the purpose of strengthening Indian River County's economic base and improving upon Indian River County's economic potential. There have been targeted companies that relocated and expanded in the County due to the efforts of the Chamber of Commerce that did not receive any incentives. We did not calculate those in the economic development impacts. Thus it can be reasonably assumed that the overall impacts to the County through the efforts from the Indian River County Chamber of Commerce are greater than what is presented. ................................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 13 7. A•5 • Triton Submarines- i SpectorSoft Corporation` PCP Ammunition FL Organic Aquaculture" Boston Barricade* OcuCue" I Nylacarb Parabel Fi A1gaGen Girard Equipment' TrueAero eMindful i Communications International'°— Next Level Security Systems Nailtiques NetBoss Technologies* Float -On Boat Trailers Piper Aircraft INEOS New Planet BioEnergy* Bridgevine —' CVS Distribution Center —� `These were the only companies modeled in the impacts and for computing Economic Development Return on County Investment,_ based on County incentives paid. ................................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 13 7. A•5 • Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ....................................................................................................................................................................................................................... The Table on the previous page shows all the companies assisted by the Chamber since 2007 that located in IRC. Those companies that were paid performance-based incentives by the County are highlighted with an asterisk. The Minnesota IMPLAN Group, Inc. (MIG) provides the software and basic data needed to formulate the economic multiplier model developed for this Brief. MIG has been providing economic multiplier models for regional economic impact analysis since 19851. Models developed using IMPLAN software have been widely used by private sector, academic economists and by Federal, State and local government agencies to measure the economic impacts of various policy alternatives. The State of Florida and County/City governments utilize IMPLAN Methodology to assess economic development projects and the granting of incentives based on results. Methodology Economic models that explicitly account for inter -industry linkages (supply relationships), the generation of labor and capital income and the spending of household income have been used since the 1960's to estimate the contribution that a particular business or industry makes to the general economy. These "input-output" models recognize that, as an industry experiences an increase in the demand for its products or services, it in turn needs more goods and services from its suppliers j and must increase its purchases from other industries in the economy. The effect on regional production resulting from successive rounds of inter -industry linkages is referred to as the indirect effect. The resulting increases in regional production also lead to expansions in employment and labor income, and the increases in labor income lead to increases in consumer spending, further expanding sales and production throughout the regional economy. The latter economic impacts are referred to as the induced effects. The successive waves of production, spending and more production result in economic multiplier effects, where the final or total increase in regional production, income and employment, respectively, is larger than the initial (or "direct") increase in production, income and employment. The total quantitative economic contribution of these activities, therefore, is comprised of a direct effect, an indirect effect and an induced effect. The ongoing economic development investments generate significant quantifiable and recurring economic impacts each year. These impacts, include high -wage employment (jobs) and the generation of Household Income for residents, economic impact (output) and public revenues for Indian River County (IRC), the State and Federal governments. 'Information on the IMPLAN Group models and the company history can be found at 1VWW.i12lan.com. ........................................................ ............................................................................................................................................... The Washing......t...on Economics . . . . . .. Group . . .. , Inc. ....(WEG) Page 4 7./`E. & Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County .................................................................................................................................................................................. The outcomes associated with the performance-based incentives being studied generate economic impacts that extend beyond those directly related to their operations. These "spillover" or multiplier impacts are the result of each business activity's supply relationships with other firms operating within the region, the proportion of business Value Addedz that accrues to households in the form of household and capital income, and the propensity of households to spend income on goods produced within the local area. Direct Impacts The direct impact of the operations of companies that received incentives is comprised of all of their expenditures for labor and materials used in the production process, ongoing capital expenditures necessary to support operations, and local area expenditures made by business partners and customers from outside of the area during their local business dealings with the firms. Indirect and Induced Impacts Utilizing the direct economic impacts discussed, indirect and induced economic impacts of the current operations of companies that received public incentives were calculated using an extended input-output model of the Indian River County (IRC) economy. These comprehensive direct, indirect and induced economic impacts are summarized as follows. An estimated 639 jobs for local residents result directly or indirectly from public incentives awarded to qualified companies in Indian River County (IRC) since 2007. These job grants were provided to nine different firms and are directly responsible for 337 jobs, mostly in the Manufacturing, Knowledge -Based Services and in smaller numbers in other sectors. The Knowledge -Based Services and Manufacturing sectors pay, on average, higher wages than the County average. The indirect and induced job creation process reaches deeply into all sectors of the local economy. An additional 135 jobs are supported via indirect economic effects. Lastly, 167 jobs are generated by induced spending effects. Therefore, the total number of jobs, directly, indirectly and induced, supported by public incentives in Indian River County is estimated at 639 - making a significant contribution to employment opportunities in IRC. (See Tables 1 and 2 on the next page.) z"Value Added" refers to the difference between business revenues and the cost of non -labor and non -capital inputs used to produce goods and/or services. .................................................................................................................................................................................................................................. The Washington Economics Group, Inc. (WEG) Page 15 7. A, -7. Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ............................................................................................................................................................................................................ Table 1. Summary of the Economic Impacts on Indian River County Generated by Public Incentives (2007 - Present) by runic incentives e,. L, _ -- � .; ;.. 4 •'�' t',-,,,, `:�'7h`- "�, J (3-'lSll�l.i � r C� ,-- .,�-,•, Employment (Jobs) 337 — 302 639 Household Income ($ Million) $28 l__ _ 205 $15 $42 Gross Domestic Product (Value Added $ Million) _ $55 —_- $24� $79 Federal, State & Local Tax Revenues ($ Million) -- - $16 Total Economic Impact ($ Million) $158 $41 $198 Note: Total may not equal the sum of all due to rounding. Source: The Washington Economics Group, Inc. (WEG): j Note: Total may not equal the sum of all due to rounding. II ... TL_ 1A1. 1� .,,,r.,., G'— —irc rrmin Inr- (WFG) The number of jobs created in each economic sector by the County's performance-based incentives is summarized in Table 2 below. Of the 639 jobs supported by these operations, 34 percent are in the Manufacturing sector, 32 percent are in Knowledge -Based Services sector, and the remaining 34 percent distributed among other economic sectors. Table 2. Total jobs on Indian River County Supported by runic incentives ` (2007 - Present) Manufacturing _ - _-217 34% Knowledge -Based Services' - l__ _ 205 32% Government & Other I ^ 1- 123 19% Retail Trade 34 5% Wholesale Trade &Transportation Services ------------- ----� Visitor Industry 29 5% ---I - ---_ 5 1% Other Industries %1 ,yam. 'Fe ••., 77, .,•i, ;-i"'-1, t -_ *y �`:' ;.r 'iy''r'-''';y;.ERE] j Note: Total may not equal the sum of all due to rounding. II ... TL_ 1A1. 1� .,,,r.,., G'— —irc rrmin Inr- (WFG) This distribution of jobs reflects the knowledge -intensive nature of the industries targeted for public incentives in IRC and are key generators of sustainable high - wage occupations, leading to the expansion of economic opportunities for County residents over time. `Major industries under this category are: Information, Finance and Insurance, Real Estate, Professional, Administrative Services and Arts, Entertainment & Recreation. ...................................................................................................................................................................Page...... The Washington Economics Group, Inc. (WEG) Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ........................................................................................................................................................................... Public incentives provided by the County are also an important generator of Household Income for the County's residents and taxpayers. In addition to the $28 million annually of recurring Household Income directly generated by the operations of companies that were granted incentives, $8 million of Household Income is created by indirect economic activities (Table 1, page 6), and over $6 million of Household Income is created by induced economic activities. In summary, these performance based and targeted incentives generate over $42 million in Household Income each year for County residents and taxpayers, with the largest proportion of income generated from the Manufacturing and Knowledge -Based Services sectors as shown in Table 3 below. Table 3. Household Income Impacts on Indian River County Generated by Public Incentives (2007 - Present) 47% Manufacturing Knowledge -Based Services` $19,884 $9,543 23% Government & Other _ _ _ Wholesale Trade & Transportation Services _ $7,577 $3,482 18% _ 8% i Retail Trade Visitor Industry _ $1,121 $589 3%_ 1 _ 1% Other Industries $199 <1%� Note: Total may not equal the sum of all due to rounding. Source: The Washington Economics Group,lnc. (WEG) Value -Added impacts is another measure of economic benefits to the County and the Chamber's economic development efforts arising from these incentives. Value Added is the portion of business revenues that is available to pay compensation to workers, capital income and indirect business taxes3. Value Added is also the principal source of income to households and a key measure of the recurring contributions of these targeted companies4 to the local economy. Each year the current operations of firms that received these incentives create $55 million of Value Added directly, while $12 million is created by indirect activities, and an additional $12 million is created by induced economic activities. This totals $79 million in Value Added generated each year (see Table 1, page 6). s Value Added also includes compensation to government workers. ° For the purpose of this Brief, "target(ed) companies' refers to the nine companies that receive performance-based incentives from the County, not every company that was provided assistance by the Chamber For the purpose of this Brief, "target(ed) companies" refers to the nine companies that receive performance-based incentives from the County, not every company that was provided assistance by the EDD/Chamber. ............................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 17 -7.14.9• Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ...................................................................................................................................................................................................................................... Table 4 below summarizes the recurring Value -Added impacts of these incentives on each economic sector. The greatest increases in Value Added arise in the Manufacturing, Government & Other and Knowledge -Based Services sectors where all three add up to 89 percent of the Value Added created. Table 4. GDP (Value -Added) Impacts on Indian River County Generated by Public Incentives (2007 - Present) I i Manufacturing $35,004 i 44%� _ Government & Other $18,054 23% Knowledge -Based Services' $17,497 22% Wholesale Trade & Transportation Services $5,661 i 7% j Retail Trade $1,783 I 2% _1 Visitor Industry $-902 Ij—_ 1% -- —_-- - _-----_------ _-- _ _ _1 OtherIndustries $324 1,<1% � ` +.• _.�`. ; : v _ . $tdy �'� �"�.`:i`_i f'l0 l.r. ?. `. ;''i ,a;r "'+ • � f.. �=- ¢� -y 't,, rr �..,i .Z •. �- ,. rc.. ' 2" / j. �_ .,fir. '�`.--;. pry,• - � ,� � Note: Total may not equal the sum of all due to rounding. Source: The Washington Economics Group, Inc. (WEG)_T __ _. A final and comprehensive measure of total economic impact, generated by the companies awarded incentives in IRC is Gross Economic Output, representing the sum of gross revenues (receipts) of private firms plus the value of government services (valued at cost). The total economic impact of targeted firms' current operations in Indian River County is estimated at $198 million annually. Of this total, $158 million is generated by direct activities, while an additional $41 million is generated by indirect and induced activities. (See Table 1, page 6.) As presented in the previous analysis of economic impacts, the greatest increases in total economic impact (Gross Economic Output) arise in the Manufacturing and Knowledge - Based Services sectors of IRC, where 82 percent of the recurring economic output is created as shown in Table 5 on the following page. In essence, the incentives are resulting in generating jobs, Household Income for residents and taxpayers and overall impacts in the higher wage industries targeted by the County. 'Major industries under this category are: Education, Information, Finance and Insurance, Real Estate, Professional, Administrative Services and Arts, Entertainment & Recreation. ................................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 18 `7, /x•10 Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ....................................................................................................................................................................................................... Table S. Total Economic Impact on Indian River County Generated by Public Incentives (2007 - Present) Rif t. I Capital —j Manufacturing $133,163 i 67% Knowledge -Based Services` $30,078 15% Government & Other $21,893 11% Wholesale Trade & Transportation Services _ - $8,010 4%—� Retail Trade I $2,687 to/o j Visitor Industry I $1,537 1%_ �1 Other Industries I $859 <1% t ` Note: Total may not equal the sum of all due to rounding. Source: The Washington Economics Group, Inc. (WEG) _ _ u In addition to the various economic impacts presented, the increases in economic activity created by the firms that have been granted performance incentives create important new fiscal revenues each year for Federal, State and local governments as shown in Table 6 below. Table 6. Fiscal Contributions on Indian River County Generated by Public Incentives(2007 - Present) ($ Thousands) 7ryj(S`� S `Labor t. I Capital —j $4,890 $263 $49 I $0 $5,289 $284 $113 $4,939 $263 $5,666 _ $4,090 $955 Indirect Business Taxes Households $376 $3,806 $842 _ Corporations �7 • _ a .. 111 . ��� �iJCsf/il• � � f fel i ,?"� � . , .. Note: Total may not equal the sum of all due to rounding. Source: The Washington Economics Group, Inc. (WEG) In conclusion, the public incentives provided by the County to qualified companies, whose location in the County has been facilitated by the Chamber of Commerce, are of significant importance to the Indian River County economy and its residents. The County and the Chamber's economic development strategies focus on creating a high -wage economy. The targeted firms for performance-based incentives are leading generators of high-value added employment opportunities, primarily in Manufacturing and Knowledge -Based Services sectors. `Major industries under this category are: Education, Information, Finance and Insurance, Real Estate, Professional, Administrative Services and Arts, Entertainment & Recreation. ............................................................................................................................................................................................................................ The.Was..hing.ton Economics Group, Inc. (WEG) Page j 9 7.A.11- Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ............................................................................................................................................................................................................................. An Estimate of the Economic Development Return on Investment (EDROI) to Indian River County from Performance -Based Incentives Granted to Targeted Companies, 2007 -Present Indian River County provides multiple performance-based incentives to qualified targeted companies expanding in or relocating to the County. The purpose of these investments, based on shown results previously agreed by the companies, is to increase economic activity as well as to increase the standard of living for County residents and taxpayers through the resulting growth in Household Income. For the time period studied - 2007 to present - twenty jobs grants were awarded in IRC, as well as one tax abatement. Nine of those companies submitted the required documentation to receive their awarded funds and were targeted for this Brief. This, along with the annual investments made to the Chamber's economic development functions, represents the total investment made by the County to the overall economic development effort. When evaluating the EDROI from these incentives, it is critical that the entire range of economic development benefits to the community be considered. These benefits include those that can be quantified, primarily the Household Income generated by the funded companies' payroll and capital expenditures. Household Income for residents is the best measure for the standard of living. Secondly, the Fiscal Revenues to Indian River County arising from the increased economic activity are also considered. Based on these parameters, WEG estimated the EDROI utilizing a standard formula. This return compares the estimated County -wide Fiscal Revenues plus new Household Income generated to the total economic development public investment made to the qualified companies to produce these benefits. Data for these calculations were taken from the economic impacts previously presented, which estimates the recurring annual economic impacts of the companies in Indian River County receiving performance-based incentives. From the economic impacts presented, WEG estimated the Economic Development Return on Investment (EDR01) for the County. This return compares the County's ................................................................................................................................................................................................................................ The Washington Economics Group, Inc. (WEG) Page 110 7..4. )i. Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County ..................................................................................................................................................................................................... estimated Fiscal Revenues ($2.6 millions) plus Household Income ($42.4 million) to the total investment made by the County ($3 million6). ROI = Estimated Local Fiscal Revenues per year + Household Income per year County Investment in Economic Development Filling in the formula with estimated annual investment figures, the estimated EDROI is as follows: 2.6 mil. + 42.4 mil. ROI = 3 mil. ROI = 15 x annually Based on these calculations it is estimated that Indian River County receives economic benefits 15 times greater than the $3 million invested since 2007. Further, it should be noted that of the $16 million of Fiscal Revenues that these additional investments and expenditures will generate each year, almost $6 million flow to State and local governments throughout Florida, and over $2.6 million of this total is allocated specifically to Indian River County each year. These companies (the nine qualified companies receiving performance-based incentives) and the many others that did not receive incentives, received assistance through the Indian River County Chamber of Commerce's economic development efforts. SSee Appendix I for an analysis of how the State fiscal revenues allocated to Indian River County were calculated. 6See Appendix I for an analysis of how the total investment made by the County was calculated ....................................................................................................................... ................... ........... ..... ......... .................. ... The Washington Economics Group, Inc. (WEG) Page 111 7•,4• j3 ............................................................................. .............. The Washington Economics .... .. Group, Inc. (WEG) Page 112 7 A,ILI. Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County .................................................................................................................................................................................................................................. J. Antonio Villamil Founder and Principal Tony Villamil is a nationally recognized economist, with over thirty-five years of successful career as a business economist, university educator and high-level policymaker for both federal and state governments. He was appointed by President George H. W. Bush as US Undersecretary of Commerce for Economic Affairs, receiving unanimous US Senate confirmation. Tony is the Founder and Principal of a successful economic consulting practice, The Washington Economics Group, Inc. (WEG), a Florida -based firm established in 1993 upon his return to the State from his public service in Washington, D.C. Dr. Villamil is the immediate past Chairman of the Governor's Council of Economic Advisors of Florida, and during 1999-2000, he was selected by Governor Bush as his first Director for Tourism, Trade and Economic Development. Presently, he is on the Board of Directors of the Spanish Broadcasting System (SBS), Mercantil Commercebank, NA, and Pan-American Life Insurance Group (PALIG). He was most recently appointed by the US Secretary of Commerce to serve in the Florida District Export Council. Among other professional and civic leadership positions, Tony was selected in 2008 as the founding Dean of the School of Business of St. Thomas University, serving successfully until December 315, 2013 at which time he resigned to return full time to his growing economic consulting practice. He is currently Chairman of the Economic Roundtable of the Beacon Council -Miami -Dade County's official economic development organization. He is also Senior Fellow and a member of the Research Advisory Council of the James Madison Institute (JMI). Tony earned Bachelor and Master Degrees in Economics from Louisiana State University (LSU), where he also completed coursework for the Ph.D Degree. In 1991, Florida International University (FIU) awarded him a Doctoral Degree in Economics (hc), for "distinguished contributions to the Nation in the field of economics." He frequently speaks to business, government and university audiences on economic topics. He is a resident of Coral Gables, Florida, where he lives with his family, traveling frequently throughout Florida, the US and globally to conduct research and presentations for clients of The Washington Economics Group, Inc. ...................................... _...................... ............................................................ ...................................................................................Pa...... The Washington Economics Group, Inc. (WEG) Page -7. A. 12 - Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ......................................................................................................................................................................... Jose Antonio (TJ) Villamil IV Director of Operations Jose Antonio (TJ) Villamil serves as Director of Operations of The Washington Economics Group, Inc. (WEG). TJ oversees the client relations, marketing and business research functions of the firm. Prior to joining WEG, TJ was the Manager of Social Media for the Keiser College System of Florida. Among other experience, he served as the College of Florida (UF) Special Assistant to the College President from May 2014 to December 2014. During his role, he was also the assistant corporate secretary to the OF Board of Trustees. He assisted the OF President oversee a $4.6 billion budget, 50,000 students, 16 colleges, two academic health centers and more than 150 research centers. In this role, TJ directed special projects and gave strategic advice to then President Bernie Machen and the OF Board of Trustees. TJ ended his role when Dr. Machen retired after 12 years of service to UF, and TJ returned to his hometown of Miami to join WEG. TJ is a proud double graduate from UF, receiving his Master degree in Entrepreneurship from the Hough Graduate School of Business, and his undergraduate degree in Telecommunications - News from the College of Journalism and Communications. TJ proudly served as the Student Body President for OF from 2012---2013 to represent the 50,000 ---member student body of the Gator Nation. During that period, TJ also represented all student interests on the OF Board of Trustees and on the boards of directors of the OF Alumni Association, the OF Foundation and the College Athletic Association. ...................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 116 Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ................................................................................................................................................................................................................................ Ivan Noltenius Economic Analyst Ivan Noltenius is an Economic Analyst at The Washington Economics Group (WEG). Ivan conducts data acquisition and economic analysis for the multifaceted projects of the firm. Ivan has over three years of experience in financial data analysis as well as accounting. Prior to working at WEG, Ivan was a hedge fund accountant at Kaufman Rossin (now ALPS), and also worked in operations and managed company financial records at the tech startup company 71 Pounds. Ivan received his Bachelors of Arts degree in Economics with a minor in Mathematics from the College of Memphis. Ivan is a resident of Kendall, Florida. .............................................................................................................................................................................................................................. The Washington Economics Group, Inc. (WEG) Page 117 7. A.av- Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ....................................................................................................................................................................................................... Haydee M. Carrion Executive and Senior Research Assistant Haydee M. Carrion has been Executive Assistant to Dr. Villamil since the firm's founding in 1993. She has senior level expertise in multi -media presentations and in the preparation and design of complex reports and documents for clients, utilizing the latest technologies. In 2012, WEG promoted Ms. Carrion to Senior and Project Research Assistant to the firm, given outstanding performance in web -based research and in assistance to the firm's Principal in the preparation of audio-visual presentations for clients and in desktop publishing. Ms. Carrion is fluent in Spanish, with experience in the preparation of economics and business documents in the language. Ms. Carrion has been with,WEG for over 20 years. Ms. Carrion holds degrees in Business Administration and Office System Technologies from Miami -Dade College. ..................................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 118 -7./4-21, Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County .....................................................................................................................:............................................................................................................. The Washington Economics Group, Inc. (WEG) has been successfully meeting client objectives.since 1993 through economic consulting services for corporations, institutions and governments of the Americas. We have the expertise, high-level contacts, and business alliances to strengthen your competitive positioning in the growing marketplaces of Florida and Latin America. Our roster of satisfied clients, over the past 20 years, includes multinational corporations, financial institutions, public entities, and non-profit associations expanding their operations in the Americas. EXCLUSIVE CONSULTING APPROACH Each client is unique to us. We spend considerable time and effort in understanding the operations, goals, and objectives of clients as they seek our consulting and strategic advice. We are not a mass -production consulting entity nor do we accept every project that comes to us. We engage a limited number of clients each year that require customized consulting services in our premier areas of specialization. These premier and exclusive services are headed by former U.S. Under Secretary of Commerce, Dr. J. Antonio Villamil, with over thirty- five years of experience as a business executive and as a senior public official of the U.S. and most recently of Florida. PREMIER CONSULTING SERVICES Comprehensive Corporate_Expansion Services. Our seamless and customized service includes site selection analysis, development of incentive strategies and community and governmental relations. Economic Impact Studies highlight the importance of a client's activities in the generation of income, output and employment in the market area serviced by the entity. These studies are also utilized to analyze the impact of public policies on key factors that may affect a client's activities such as tax changes, zoning, environmental permits and others. Strategic Business Development Services. These services are customized to meet client objectives, with particular emphasis in the growing marketplaces of Florida, Mexico, Central and South America. Recent consulting assignments include customized marketing strategies, country risk assessments for investment decisions and corporate spokesperson activities and speeches on behalf of the client at public or private meetings. ------------------------------------------- 1. For a full description of WEG capabilities and services, please visit our website at: www. weg. com ---------------------------------------------- ...................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 119 7..4.aa. Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County ......................................................................................................................................................................................................... The Washington Economics Group, Inc. Representative Client List 1993-2015 ALSTOM Ameritech International Bureau Veritas (BIVAC) Carrier Esso Inter -America FedEx Latin America Genting Group Hyatt IBM Joseph E. Seagram & Sons, Inc. (Vivendi) KPMG Lockheed_ Martin Construction and Real Estate Development Firms Multinational Corporations Lucent Technologies MasterCard International MediaOne/AT&T Medtronic Merck Latin America Microsoft Latin America Motorola Phelps Dodge SBC Communications Telefonica Data Systems Visa International Areas USA, Inc. Barron Collier Companies Berkowitz Development Group Boca Developers CDS International Century Homebuilders Codina Realty Empire World Towers, LLC Ferro Investment Group, LLC Flagler Development Florida East Coast Realty Inc. Inland Port Systems, LLC AECOM (DMJM Harris) Atkins (PBSJ) CDM Smith (Wilbur Smith Associates) Golder Associates Landstar Development LXR Luxury Resorts Miami Asset Management Company, Inc. Miapolis, LLC Odebrecht Construction, Inc. Palazzo Las Olas Group, LLC The Allen Morris Company The Related Group, Inc. The Rouse Company The St. Joe Company Trammel Crow Company WCI Development Companies Engineering, Planning and Design Firms Alabama State University Barry University Embry -Riddle Aeronautical University Florida Agricultural & Mechanical University Florida International University Full Sail University Keiser University Los Angeles Film School Miami -Dade College Becker & Poliakoff Carlton Fields Colson Hicks Eidson DLA Piper Dunbar & Dunbar ABN-AMRO Bank Advantage Capital Allen & Company BNP Paribas Bank Atlantic Corp. BankUnited, FSB Barclays Bank ESJ Capital Partners Espirito Santo Bank Fiduciary Trust International First Union National Bank (Wells Fargo) HNTB Kimley-Horn and Associates Parsons Brincherhoff . Colleges and Universities The Washington Economics Group, Inc. (WEG) Rocky Mountain College of Art and Design San Ignacio College Sistema Universitario Ana G. Mendez St. Thomas University Universidad Politecnica de Puerto Rico University of Florida University of Miami UM's Rosenstiel School of Marine and Atmospheric Science University of South Florida/ENLACE Law Firms Gloria Roa Bodin, Esq. Greenberg Traurig, LLP Holland & Knight, LLP Steel Hector & Davis Tew Cardenas, LLP Financial Institutions Hemisphere National Bank HSBC/Marine Midland International Bank of Miami (First United Bank) Lazard Freres & Co. Mercantil Commercebank N.A. Pan American Life Insurance Group PointeBank, N.A. Seitlin Insurance Sun Trust Corporation The Equitable/AXA Advisors Union Planters Bank of Florida (Regions) .............................. Page 120 7,i4.a..3, Economic Impacts Brief. The Economic Development Return on Public Investment in Indian River County ................................................................................................................................................................................................................................. All Aboard Florida America nAirlines Arena BMI Companies Communikatz Daytona International Speedway Dosal Tobacco Farm Stores Fishkind & Associates Florida Hospital Florida Marlins Florida Power & Light Flo -Sun Sugar Corp. Greater Miami Convention & Visitors Bureau Greater Ft Lauderdale Alliance Homestead -Miami Speedway Darlington Raceway Georgia Retail Federation Illinois Retail Merchant Association Indiana Retail Council Kansas Speedway Martinsville Speedway Progress Energy Florida -Based Companies Iberia Tiles International Speedway Corporation Jungle Island Lake Nona Mercy Hospital Miami Dolphins Nopetro LLC Palm Beach Premier Resorts World Miami (RWM) Ron Sachs Communications Sprint of Florida eMerge Americas The Biltmore Hotel The Heat Group Ultra Musical Festival Non -Florida -Based Institutions Richmond International Raceway Talladega Superspeedway The Seed Foundation United States Tennis Association (USTA) Washington Retail Association Watkins Glen International Public Institutions and Non -Profit Organizations Baptist Health South Florida Broward County Public Schools Citizens of Clean Energy City of Doral City of Plantation City of West Palm Beach Economic Development Commission of Collier County Economic Development Commission of Lee County Economic Development Commission of Mid -Florida Enterprise Florida, Inc. Farm Share, Inc. Flagler Development Florida Bankers Association Florida Citrus Mutual Florida International Bankers Association Florida Institute for Commercialization of Public Research Florida League of Cities Florida Nursing Homes Alliance Florida Outdoor Advertising Association Florida Ports Council Florida Retail Association Florida Sports Foundation Friends of Miami Marine Stadium Independent Colleges and Universities of Florida (ICUF) Inter -American Development Bank Latin Ariterica-Based Institutions Jackson Health Systems Jacksonville Chamber of Commerce Jewish Community Services Louisiana Committee for Economic Development Miami Marine Stadium Miami Museum of Science Miami -Dade County Public Schools Miami -Dade Expressway Authority Miami Downtown Development Authority Port of Miami SEUI Healthcare Florida South Florida Progress Foundation Space Florida State of Florida SW Florida Regional Chamber of Commerce Sylvester Comprehensive Cancer Center Tampa -Hillsborough Expressway Authority The Beacon Council The Florida Bar The Florida Chamber Foundation The Florida Coalition for Capital United Nations Economic Development Program United Teachers of Dade Visit Florida Zoological Society of Florida Allied-Domecq, Mexico Mercantil Servicios Financieros, Venezuela Association of Peruvian Banks Peruvian Management Institute (IPAE) Federation of Inter -American Financial Institutions (FIBAFIN) The Brunettes Group of Argentina Fonalledas Enterprises, Puerto Rico ....................................................................................... The Washington Economics Group, Inc. (WEG) ....................................................................... Page 121 2Tiis is to certify that (ID atrick9KcNeaC is hereby presented this lttirementAward for outstanaling performance and faithfufservice to Indian ftver County Board of County Comm:.ssioners For thirty-five years of service On this 31st day of JKay 2016 Christopher �, WoM SPE Bo6 Solari Director of Tu6rx 'WorkF Board of County Commissioner, Chairman 7 INDIAN RIVER COUNTY, FLORIDA 'rlj� BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director SUBJECT: May 25, 2016 All Aboard Florida 100% Plans Public Review and Comment Session DATE: May 16, 2016 It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on May 24, 2016. DESCRIPTION AND CONDITIONS The All Aboard Florida high-speed rail project recently submitted 100% design plans to Indian River County. The County will make these plans available for public inspection and comment as follows: All Aboard Florida 100% Plans Public Review and Comments Wednesday, May 25, 2016 1:00 P.M. to 3:00 P.M. County Administration Building B Room B1-501 RECOMMENDATION The recommendation of staff is to include the above referenced public meeting notice on the May 24, 2016 Board of County Commission Agenda. APPROVED AGENDA ITEM Indian River County ApprgKgd Date Administration Budget ("Vs Legal Public Works (' D li3 PR O CLAMA TION HONORING JOHN "JACK" RESCHAK ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Jack Reschak retired from Indian River County Fire Rescue effective June 3, 2016; and WHEREAS, Jack Reschak began his career with Indian River County as a Firefighter on February 24, 1989. Soon thereafter he earned his certifications as d Smoke Diver and Open Water Diver. Through the years, while fighting fires and being active in the community, he continued his professional development with certifications in Aerial Platform Operations, Hazardous Materials, Aircraft Fire Protection and Rescue, Helicopter Ground Safety and Federal Emergency Management Administration's Incident Command series. WHEREAS, Jack Reschak has served this County and the Public with distinction and selflessness. During his twenty-seven years of service, he was dedicated and his work has been greatly appreciated by his employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Jack Reschak's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-seven years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 24th day of May 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY; FLORIDA Bob Solari, Chairman This is to certify that ,john �Rfschak is here6y presented this fttirement Award for outstanding perfornrance and faithfulservice to Indan Vver County Board of County Commissioners T'or twenty-seven years of service On this 3rdday oflune 2016 ,john n�Bo6 Solari (�.Lctor of E eng cy Services Board of County Commissioner, Chairman INDIAN RIVER COUNTY FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Directop� THROUGH: Richard B. Szpyrka, P.E., Assistant Public Works Directo THROUGH: James D. Gray, Jr., Coastal Engineer® FROM: Kendra L. Cope, M.S., Environmental Specialis w,L SUBJECT: UPDATE - May 14, 2016 Sebastian Lionfish Fest DATE: May 17, 2016 REQUEST It is requested_ that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on May 24, 2016. This is an announcement to inform the residents of Indian River County about the success of the event and the summary of people impacted and fish removed. Additional information is on the event website SebastianLionfishFest.com and the County Facebook page: 2016 Sebastian Lionfish Fest. BACKGROUND The red lionfish is an invasive species native to the Indo-Pacific Ocean. Following their introduction and subsequent population increases in the Atlantic Ocean and Caribbean Sea, the lionfish population is now growing exponentially, causing negative impacts on indigenous marine ecosystems and fish, and indirectly economic impacts across the state. As a result, several Florida organizations, including the Florida Fish and Wildlife Conservation Commission (FWC) are promoting and sponsoring lionfish fishing tournaments and educational events throughout the State. At the January 12th Commission meeting the board made a motion to become a supporting sponsor of the inaugural Sebastian Lionfish Fest. Since that meeting staff worked alongside the Sebastian River Area Chamber of Commerce and staff of Captain Hiram's to organize a fun interactive two-part event focused around removal (Fishing Tournament) and public awareness (cook -off and eating) of the invasive lionfish. The event was held on May 14, 2016, the official lionfish removal and awareness day declared by FWC, at Captain Hiram's, Sebastian, Florida. F:\Public Works\Kendra Cope\Lionfish Fest\Commission Meeting Items\Informational Item\Public Notice Informational BOCC Agenda Item --Sebastian Lionfish Fest 05_24_16_final.docx 11 Page 2 BCC Agenda Item 2016 Sebastian Lionfish Fest May 17, 2016 SUMMARY • Fishing tournament results: 0 31 lionfish removed during tournament 0 4 teams registered for the tournament o Smallest fish 123 mm o Largest fish 384 mm o Most fish caught by one team 24 o Prizes given out for smallest, largest and most catch • Lionfish cook -off between local restaurants and chefs: This was a kid friendly event open to the public. 10 educational vendors were set up in the parking lot outside of Captain Hiram's doing fish filleting demonstrations, stomach removal for research, fishing measuring, a live touch tank and other interactive demonstrations for families. People were encouraged to come and learn about the local lionfish problem and other coastal conservation issues from 'educational vendors while also having the chance to taste multiple lionfish dishes prepared by six local chefs. Eating lionfish is one of FWC's main mitigation measures for controlling the growing population of these fish. The public was encouraged to try all six different menu items and vote on their favorite dish, ultimately choosing the winner of the cook -off. 300lbs of lionfish fillets were provided for this portion of the event and all was eaten before the end of the event. 0 1750 lionfish removed for 300lbs of fillets 0 20 lionfish removed and donated by fisherman for education and research o Six local chefs entered into the challenge o Over 400 people attended the event o Chef Scott Varricchio from Citrus Grillhouse had most votes for best dish F:\Public Works\Kendra Cope\Lionfish Fest\Commission Meeting Items\Informational Item\Public Notice Informational BOCC Agenda Item --Sebastian Lionfish Fest 05_24_ 16_final.docx 12 Page 3 BCC Agenda Item 2016 Sebastian Lionfish Fest May 17, 2016 FUNDING Local Funding in the amount of $500 was provided by Commission Sponsorship. Additional funding for this event has come from generous support from local sponsoring companies and individuals. All sponsors were recognized on the front page of the Lionfish Fest website listed above and on a sponsor banner hung at the event. RECOMMENDATION The recommendation of staff is to include the above referenced public meeting notice on the May 24, 2016 Board of County Commission Agenda. APPROVED AGENDA ITEM Indian River County ApprgVd Date Administration Budget Legal Il {� -IL Public Works Coastal Eng. Division F:\Public Works\Kendra Cope\Lionfish Fest\Commission Meeting Items\Informational Item\Public Notice Informational BOCC Agenda Item Sebastian Lionfish Fest 05_24_16_final.docx 13 INFORMATIONAL ITEM Z) ORIn� IRC Event Calendar Review For more information go to www.ircgov.com - Event Calendar IRC MEMORIAL DAY HOURS OF OPERATION: May 30 CLOSED: OPEN: • IRC ADMIN COMPLEX • GAC & NCAC: l Oam-3pm • SHOOTING RANGE • SANDRIDGE - regular hours • ALL IRC LIBRARIES • COUNTY PARKS - regular hours Treasure Coast Jr.TourTeam Scramble Championship June 4 @ Sandridge: • Warn -2 pm USSSA Schools out for Summer June 4-5 @ Historic Dodgertown Wabasso Church of God Speaking Engagement June 9 @ IRC Fairgrounds Vero Beach Classic Prospects Selects June 10-15 @ Historic Dodgertown 5K Run/Walk - Summer Reading Kick Off! June 11 @ Brackett Library: • 7am -11 pm Summer Team Championship - Golf Tournament June 11 @ Sandridge: • 8am Dunes Course • $130 per team North County Aquatic DIVE WELL CLOSED for a Dive Meet June 11 @ North County Aquatic Center (NCAC) Triple Crown Baseball Tournament June 16-19 @ Dodgertown, North County & South County Regional Parks Veterans Outreach Golf Tournament June 18 @ Sandridge: • 7am registration, Sam shotgun start • $60 per person • vetsgolftourney@gmail.com - 772 563 7183 14 page 2 R c0 ORIOD IRC Event Calendar Review For more information go to www.ircgov.com - Event Calendar Legends Classic June 19-24 @ Historic Dodgertown Dodgertown Days of Summer - Girls softball US Fast Pitch June 24-26 @ Historic Dodgertown Vero Beach Air Show June 25-26 @ Vero Beach Regional Airport • See Events Calendar Post for details! • www.veroairshow.com Nations Greater Orlando Baseball Tournament June 25-26 @ IRC North Regional Park • Fees vary per division Venues Closing for Private Parties: Gifford Aquatic - Closed for Private Parties June 4 @ Gifford Aquatic Center (GAC): • 11 am -2 pm June 25 @ Gifford Aquatic Center (GAC): • l2noon 4pm 15 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 12, 2016 10 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 6, 2016 to MAY 12, 2016 v► coMPT k0 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 06, 2016 to MAY 12, 2016. Attachment: I P3 16 CHECKS Nk-R]TTEN TRANS NBR DATE VENDOR AMOUNT 33921 7 05/12/2016 UTIL REFUNDS 28.94 339218 0-5/1-2/2016 UTIL REFUNDS 54 99 339219 05/12/2016 UTIL REFtDS 50.25 339220 05/12%2016 UTIL REFUNDS 59 71 3'9221 05/12/2016 UTIL REFUNDS 68 85 339222 05;12/2016 UTIL REFUNDS 70.30 ;39223 05/12/2016 UTIL REFUNDS 65 07 339224 05/12/2016 UT11 REFUNDS 4.32 3:39225 05/12,'2016 UTIL REFUNDS 21.34 339226 05/12/2016 UTIL REFUNDS 50 00 339227 05/12/2016 UTIL REFUNDS 50.12 339228 05,12/2016 UTIL REFUNDS 3549 339229 05/12/2016 UTIL REFUNDS 338 18 339230 05/12/2016 UTIL REFUNDS 40.23 339231 0-5/12/20 16 UTIL REFUNDS 17,46 339232 051/1212016 UTIL REFUNDS 41 64 339233 05/12/2016 UTIL REFUNDS 81.64 339'_34 05/12/2016 UTIL REFUNDS 69 80 339235 05'12/2016 UTIL REFUNDS 60.32 339236 05/12/2016 UTIL REFUNDS 173 12 339237 05/12/2016 UTIL REFUNDS 89.37 339238 OS/ 12/2016 UTIL REFUNDS 45 45 339239 05/12/2016 UTIL REFUNDS 31 43 339240 05/12/2016 UTIL REFUNDS 82.28 339241 05/12/2016 UTIL REFUNDS 21 75 339242 05/12/2016 UTIL REFUNDS 1444 339243 05/12/2016 UTIL REFUNDS 91 74 339244 05/12(2016 UTIL REFUNDS 1294 339245 05/12/2016 UTIL REFUNDS 13 65 339246 05/12/2016 UTIL REFUNDS 4246 339247 0-5/12/2016 UTIL REFUNDS 1449 339248 05/12/2016 UTIL REFUNDS 79.27 339249 05/12/2016 UTIL REFUNDS 33.23 339250 05/12/2016 UTIL REFUNDS 4099 339251 05/12/2016 UTIL REFUNDS 4093 339252 05/12;2016 UTIL REFUNDS 15 69 339253 05/ 12!2016 UTIL REFUNDS 35 35 339254 05/12/2016 UTIL REFUNDS 1061 339255 05/12!2016 UTIL REFUNDS 4602 339256 05/.12!2016 UTIL REFUNDS 105 89 339257 05/12/2016 UTIL REFUNDS 10000 339258 05!12/2016 UTIL REFUNDS 15 48 339259 05/12/2016 UTIL REFUNDS 1717 339260 05/12/2016 UTIL REFUNDS 63.83 339261 05/12/2016 UTIL REFUNDS 18 65 339262 05/12/2016 UTIL REFUNDS 30 12 339263 05/12/2016 UTIL REFUNDS 31 96 339264 05;12/2016 UTIL REFUNDS 8086 339265 05;12/2016 UTIL REFUNDS 30 30 339266 05/12/2016 UTIL REFUNDS 4.37 339267 05/12/2016 UTIL REFUNDS 36.21 339268 05/12/2016 UTIL REFI -TN -DS 11 45 339269 05/12/20 16 UTIL REFUNDS 77 80 3392 70 05!12/2016 UTIL REFUNDS 172 42 339271 05/i 2/2016 UTIL REFUMS 32 46 339272 05.12/2016 UTIL REFUNDS 27 56 339273 05/12%2016 UTIL REFUNDS 33 73 339274 05/12/2016 UTIL REFUNDS 85.30 17 TRANS NBR DATE VENDOR AMOUNT 339275 05i12/2016 UTIL REFUNDS 15 74 339276 05!12%2016 UTIL REFUNDS 18 81 339277 05/12/3016 UTIL REFUNDS 173.90 339278 05/122016 UTIL REFUNDS 84 80 339_79 05/12/3016 UTIL REFUNDS 8086 339280 05/12/2016 UTIL REFUNDS 74 47 339281 05/122016 UTIL REFUNDS 87 80 3;928= 05;12/2016 UTIL REFUNDS 29 48 3139-283 05;'12i�016 UTIL REFU?�'DS 65 69 339284 05/12/2016 UTIL REFUNDS i 6 13 339285 05/12%2016 UTIL REFUNDS 28.20 339286 05/13/2016 UTIL REFUNDS 56 56 339287 05/13/2016 UTIL REFUNDS 54 17 339388 05/12/2016 UTIL REFUNDS 8006 339289 05/122016 UTIL REFUNDS -)q j; 339290 05/12!2016 UTIL REFUNDS 91 65 339391 05/12/2016 UTIL REFUNDS 37 91 339292 05/12!2016 UTIL REFUNDS 230 75 339293 05/12/2016 UTIL REFUNDS 20 18 339294 05113/2016 UTIL REFUNDS 6647 339295 05!12/2016 UTIL REFUNDS 63.50 339296 05/12/2016 UTIL REFUNDS 4260 339297 05/12/3016 UTIL REFUNDS 27 85 339298 05/12/2016 UTIL REFUNDS 46 88 339299 05/ 12/2016 UTIL REFUNDS 78.32 339300 05/121'2016 UTIL REFUNDS 84 51 339301 05/12/2016 UTIL REFUNDS 34 07 339302 05/12/2016 UTIL REFUNDS 85 42 339303 05/ 12,12016 LITIL REFUNDS 2)4 2 3 339304 05/13/2016 UTIL REFUNDS 2746 339305 05/12/2016 UTIL REFUNDS 17 60 339306 05/12/3016 UTIL REFUNDS 22 37 339307 05/13/3016 UTIL REFUNDS 677.27 339308 05!13/2016 UTIL REFUNDS 339309 05/12/2016 UTIL REFUNDS 37 20 339310 051,122016 UTIL REFUNDS 48 17 339311 05/12/2016 LITIL REFUNDS 37 66 339313 05/12/2016 UTIL REFUNDS 55 84 339313 05/122016 UTIL REFUNDS 77 14 339314 05!12/2016 UTIL REFUNDS 8542 3;9315 05,•'12/2016 UTIL REFUNDS 74.39 33931605/12/2016 UTIL REFUNDS 8049 339317 05/13!2016 UTIL REFUNDS 3999 339318 05/12/2016 UTIL REFUNDS 83.21 339319 0-5/12/2016 UTIL REFUNDS 172 96 339320 05/ 12/2016 UTIL REFUNDS 35 82 339321 05/12/2016 UTIL REFUNDS 78 47 339322 05/12/2016 UTIL REFUNDS 19 OS 339323 05/12/2016 UTIL REFUNDS 3 0 339324 051112.2016 LITIL REFUNDS 41 64 339325 05/ 12/2016 UTIL REFU NDS53 60 339326 05/13/2016 UTIL REFUNDS 13.35 33932 7 05/12/20 16 UTIL REFUNDS 51.27 339328 05/12%2016 UTIL REFUNDS 9708 339329 0-5/12/2016 UTIL REFUNDS 82 77 339330 05/12/2016 UTIL REFUNDS 14 02 339331 051121'016 UTIL REFljNDS 4096 339332 05/122016 UTIL REFUNDS 85 42 3?9333 05/12!2016 UTIL REFUNDS 28 09 339334 05/12,'2016 UTIL REFUNDS 8700 18 TRANS NBR DATE VENDOR AMOUNT 339335 05/12/2016 UTIL REFUNDS 76.28 339336 05/12/2016 UTIL REFUNDS 4191 33933 i 05/12/2016 UTIL REFUNDS ;5 05 339338 05/12/2016 UTIL REFUNDS 39.36 3393=9 05 /12.'2016 UTIL REFUNDS 65.;9 3;9340 05/12/2016 UTIL REFUNDS 43 69 339341 05:'12/2016 UTIL REFUNDS 45 89 3393342, 05/12/2016 UTI1 REFUNDS 71 p9 339343 05/12/2016 UTIL REFUNDS 75.32 339344 05/ 12i2016 UTIL REFUNDS 8049 339345 05/12/2016 UTIL REFUNDS 39 86 339346 05/12/2 016 UTIL REFUNDS ; ;9 339347 05'12/2016 UTIL REFUNDS 194 339348 05/12%2016 UTIL REFL>N'DS 39 99 339349 05/12/2016 UTIL REFUNDS 36 05 339350 05/12'2016 UTIL REFUNDS 56 94 339351 05/12/2016 UTIL REFUNDS 84 80 339352 0i]2/2016 UTIL REFUNDS 40.56 33935; 05/1 --)!2016 UTIL REFUNDS 34.30 339354 05/12/2016 UTIL REFUNDS -)5091 339355 05/12/2016 UTIL REFUNDS 3.821 81 339356 05/12/2016 UTIL REFUNDS 12 08 339357 05/12/2016 UTIL REFUNDS 72 96 339358 05/12/2016 UTIL REFUNDS -)3 68 339359 05./12/2016 UTIL REFUNDS 37 11 339360 05/12/2016 PORT CONSOLIDATED INC3_ 2 415 os 339361 05/12/2016 JORDAN MOWER INC 30] 82 339362 05/1-2/2016 TEN -8 FIRE EQUIPMENT INC 23.768.34 339363 05,•'1_,'2016 VERO CHEMICAL DISTRIBUTORS INC 10050 339364 05'112016 RICOH USA INC 31 46 339365 05/]2/2016 CHISHOLM CORP OF VERO 316 95 339366 05/12/2016 VELDE FORD INC 44 80 339367 05/12/2016 E -Z BREW COFFEE K BOTTLE WATER SVC 38,50 339368 05/12/2016 GRAINGER 6864 339369 05/12/2016 KELLY TRACTOR CO 9.750 48 339370 05'12/2016 GRAYBAR ELECTRIC 111 49 339371 05!12/2016 AMERIGAS EAGLE PROPANE LP 1,169 38 339372 05%12/2016 AMERIGAS EAGLE PROPANE LP 1.339 41 339373 05/12/2016 CHANDLER EQUIPMENT CO INC 10600 339374 05/12/2016 CLIFF BERRY INC 10400 3393 75 05/12/2016 KSM ENGINEERING K TESTING INC 420 00 339376 05/12/2016 HD SUPPLY WATERWORKS, LTD 7.577 94 339377 05/12/2016 BOUND TREE MEDICAL LLC 318 57 339378 05/12%2016 SCHULKE BITTLE & STODD.ARD LLC 3.60;.51 339379 05/ 12/2016 VERO INDUSTRIAL SUPPLY INC 97 82 339380 05/12/2016 TIRESOLES OF BROWARD INC 339381 05/12/2016 BFS RETAIL OPERATIONS LLC 2.100 65 339382 05/12/2016 CALL ONE INC 585 00 339383 05,•"12/2016 CARTER. ASSOCIATES INC 4.712.25 339384 05/112016 GOODYEAR AUTO SERVICE CENTER 1.329 72 339385 05/12/2016 BLAKESLEE SERVICES INC 76000 339386 05'12'2016 BAKER R TAYLOR INC 1.515.38 33938 7 05/12i2016 MIDWEST TAPE LLC 9994 339388 05/12/2016 MWI CORP 241 68 339389 05/12/2016 PRECISION CONTRACTING SERVICES INC 18.411 60 339390 05/12/2016 MICROMARKETING LLC 40 43 339391 05112.'2016 BAKER DISTRIBUTING CO LLC 20-357 339392 05/12/2016 CENGAGE LEARNING CORPORATION 3_366 34 339393 05;12;2016 PALM TRUCK CENTERS INC 535 l l 339394 05/12/2016 PAUL JULIN 170 W 19 TRANS NBR DATE VENDOR AI\IOLINT 339395 051/12/2016 LINDSEY GARDENS LTD 81')00 339396 05/12;2016 CLERK OF CIRCUIT COURT 303 03 339397 05/12/2016 CITY OF VERO BEACH 61.994 92 339398 05/12/2016 STEPHEN N'OJTASZEK :1 14 339399 05/12/2016 JANITORIAL DEPOT OF AMERICA INC 67 16 339400 05/12/20 16 HUMANE SOCIETY 19 690 00 339401 05'122016 PLTBLIX SUPERMARKETS 26 9 : =39402 05/12/2016 PUBLIX SUPERMARKETS 94 13 3394033 05,1122016 AAA COOPER TRANSPORTATION INC 441.3: 339404 0-5/1-1 /2016 AQUAGENLX 239 Op 339405 05/12/2016 GEOSYN'TEC CONSULTANTS INC 4-958.21 339406 05/12/2016 IRC CHAMBER OF COMMERCE 26.178 61 339407 051/12/2016 FEDERAL EXPRESS CORP 31.29 339408 05/12/2016 TYLER TECHNOLOGIES INC 149.10967 339409 05/12/2016 RIVERFRONT HOTEL LLC 47700 339410 05/122016 RIVER -FRONT HOTEL LLC 477 00 339411 05%12/2016 TIMOTHY ROSE CONTRACTING INC 161.684.60 339412 05/12/'016 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13'415.25 339413, 05/122016 FLORIDA POWER AND LIGHT 8.457 69 339414 05/12/2016 FLORIDA POWER AND LIGHT 700 10 39415 05/12/2016 CITY OF FELLSMERE 2)47 01 =39416 05/12/2016 INDIAN' RIVER FARMS WATER CNTRL DIST 100 00 339417 05!12/2016 ALAN C KAUFFMANN 5000 339418 05/12/2016 AETNA 248 04 339419 05/12/2016 G K ENVIRONN4ENTAL INC 6.00000 339420 05/12/2016 KEEP INDIAN RIVER BEAUTIFUL INC 6.'290 40 339421 05/12/2016 CHRISTOPHER KAFER 24; 10 339422 05/12/2016 SIMPLEXGRINNELL i_P 739 87 339423 05/12/2016 NATIONAL ASSOC OF ENVIRONMENTAL 2)35.00 339424 05/12/2016 GREGORY BUDDE 1800 339425 05/12/2016 MICHAEL QUIGLEY 60 00 139426 05/12/2016 RUSSELL PAS'T'E INC 18 33942 i 05/1-2/2016 TRANS US INC 844 83 339428 05/12/2016 KYLE WALLACE 1800 339429 051112/2016 CEL1CO PARTNERSHIP 541 05 339430 05/12/2016 ANIXTER INC 544 00 339431 05/12/2016 CINDY CORRENTE 23 76 3394;2 05/12/2016 VAN WAL INC 153 00 339433 05/'12!--)016 ,JOSEPH W VASQUEZ_ 75 00 339434 05/12/2016 FRANK BLAKE 500 00 339435 05;12/2016 CENTRAL PUMP K SUPPLY I?�'-C 889 35 339436 05/12/2016 GARY L EMBREY 50 00 339437 05!12/2016 C W NIELSEN MFG CORP 79000 339438 05/12/2016 DAYSPRING ') 0 00 339439 05/12;'2016 ORCHID ISLAND PROPERTY MGMT 11 INC 7.19000 339440 05/12/2016 D&S ENTERPRISES OF VERO BCH LLC 1200 339441 05/12/2016 PETER OBRYAN l; s; 339442 05/12.-2016 JOHNNY B SMITH I.;0 OU 3=9443 05/12/2016 MUNICIPAL WATER WORKS INC 72,524 00 339444 05/12,12016 GLOBALSTAR USA 1 l 7 99 339445 05/122016 FISHER & PHILLIPS LLP 3.021 00 339446 05/12/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1.2-50 00 339447 05/1 x/2016 KATHLEEN P DOUGHERT) 150 00 ==9448 05/12/2016 RENAE CHANDLER 6000 -'19449 05/12/2016 TREASURE COAST FOOD BANK INC 40869 ;39450 05/12/2016 MAR1NCO BIOASSAY LABORATORY INC 1.98000 ;39451 05/12/2016 KRISTIN DANIELS 23 76 339452 05/12/2016 K'S COMMERCIAL CLEANING 875 00 339453 05/12/2016 YOUTH GUIDANCE DONATION FUND 1 250 00 339454 05!'12.1'2016 COURTYARD VILLAS OF VERO LLC 525 00 20 TRANS NBR DATE VENDOR AMOUNT 339455 05%1212016 TOP DRAWER CABINETRY K CARPENTRY LLC 216.31 339456 05/12%2016 EQ THE ENVIRON'MENT4L QUALITY COMPANY 26.189.56 339457 05! 1212016 TERESA PUL1D0 -17000 339458 0511212016 SOUTHEAST POWER SYSTEMS OF ORLANDO 1.115 42 339459 05,11212016 CIVILSURV DESIGN GROUP INC 52200 339460 05/12,•'2016 BRANDIT CORPORATION 21.678.38 339461 05/12%2016 HENRY LOSEY 35 60 3.39462 05/"12/2016 INEOS NEW PLANET BIOENERGI' LLC 123.20 339463 05/12/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75 00 339464 05/ i 2!20 i 6 FRED IACNEAL 15.30 339465 05/12/2016 KEMPER BUSINESS SYSTEMS 2; pp 339466 05/12/2016 OVERDRIVE INC 2.12; 35 339467 05/1?!2016 FLORIDA ENVIRONMENTAL CONSULTING INC ?.833.33 339468 05/12!2016 CIT FINANCE LLC 186.21 339469 05/12/2016 ORLANDO FREIGHTLINER INC ;77.;2 339470 05/12/2016 LIBERTY MAGNET ELEMENTARY SCHOOL 5100 339471 05/12/2016 JOYCE DEGROTE 1200 339472 05/12/2016 HEATHER HAI -TON 270 00 33947; 05!12;2016 GFA INTERNATIONAL INC 340 pp 339474 05/12/2016 MOORE MOTORS -50990 339475 05/12/2016 NEWSOM OIL COMPANY 88200 339476 05/12;2016 LO\VES HOME CENTERS INC 1.664 12 339477 05!12/2016 LABOR READY SOUTHEAST INC 16.956.23 339478 05/12/2016 GAUDET ASSOCIATES INC ?.915 00 339479 05/12!2016 CARDINAL HEALTH 110 INC 55 16 339480 05/12/2016 EMILY K DIMATTEO 11000 339481 05/12/2016 TRV ADVERTISTING R MARKETING INC 123 ;p 339482 05/12/2016 COMMERCIAL BUILDING MAINTENANCE 1.590 00 339483 05/12/2016 PENGUIN RANDOM HOUSE LLC 3000 339484 05112!2016 KRAUS ASSOCIATES INC 9.937 50 339485 05'12/2016 SOUTHERN MANAGEMENT LLC ;.827 00 339486 05/12/2016 C E R SIGNATURE CLEANING 85000 339487 05/12/2016 WADE WILSON 25 00 339488 05/12!2016 BRUCE SABOL 3000 339489 05!12!2016 MARKETING SPECIALTIES OF GEORGIA LLC 717.26 339490 05,11-2/2016 PAIGE LESTER 889 78 339491 05!12/2016 MARY JENKINS 12.00 339492 05/12x'2016 .AMERITAS 51.044 02 339493 05/12!2016 EAST COAST VETERINARY SERVICES LLC 11000 339494 05/12/2016 FOUNDATION FOR AFFORDABLE RENTAL 61900 339495 05: 12!2016 BARBARA CRAMER 1')00 339496 05/12/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 339497 05/12/2016 SYLIVIA MILLER 1.615 00 339498 05/12/2016 ENCORE ONE LLC 2?71 86 339499 05/12/2016 LONGHORN LANDSCAPING AND SOD LLC 2.505 00 339500 05/12/2016 TK61NC 4,723?0 339501 05!12/2016 SELENA JUDON 50.00 339502 05/12/2016 .IACQLFELINE BRADLEY 5000 =39503 05!12/2016 DIMICHELLI'S CATERING INC 91000 3;9504 05;12!?016 LINDA WALL ;p pp 339505 05-, 12/2016 JOSEPH DIZONNO Sp pp 339506 05/12;2016 GENUINE PARTS COMPANY 1 705 87 =39507 05/12/2016 TRIBOND LLC 8.167 44 339508 05,''12/2016 RED THF UNIFORM TAILOR 5� _.433 0_ 339509 05/12/12016 CATHEDRAL CORPORATION 2.975 31 3.9510 05/12!2016 GERELCO TRAFFIC CONTROLS INC 26 125 90 339511 0_5.1"12112016 U`N'IFIRST CORPORATION ;;9 98 339512 05112!2016 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 303 86 339513 05'12/2016 SERVICE LIGHTING &- ELECTRICAL SUPPLIES INC 5 96 3345 1"4 05/12/2016 ELLEN HAYTH 105 60 21 TRANS NBR DATE VENDOR AMOUNT 339515 05/122016 DEBORAH A NOV.ACK 180.00 339516 05/12/2016 ADVANCE STORES COMPANY INCORPORATED 1.009 59 339517 05/122016 DENISE GILLESPIE 10 00 =39518 05/122016 EGP DOCUMENT SOLUTIONS LLC 1.05607 339519 05/ 121`2016 NORTH AMERICAN OFFICE SOLUTIONS INC 1.552.;6 :39520 05/12.12016 FLORIDA EAST COAST HOLDINGS CORP 1.00000 339521 05/12!2016 GARY N40ORE INC 4 7; 00 339522 05/1-2/2016 DEW BUSTERS INC 2,150 00 339523 05!12/2016 SHEILA O'SULLIVAN 296 90 339524 05;12/2016 ONE P'(" -TT DESIGNS BY LOCI BROMBERG LLC 30.7 00 339.525 05112:2016 EDWARD \V ARENS JR 1.68000 3=9526 05•'122016 FREEDOM ROOFERS LLC 7.90000 339527 05/12/2016 JANICE SANDS 38 61 339528 05/12/2016 ACHILLES STACHTIARIS 372 02 339529 05!12/2016 STEPHANIE GRALL 5000 3.9530 05/12/2016 SHONTA CLARK ;0 00 339531 05/122016 A RONALD HUDSON 40000 Grand Total: 917.175.74 22 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1008947 05/06/2016 EVERGLADES FARM EQUIPMENT CO INC 1.3328 69 1008948 05/06/2016 COMMUNICATIONS ]N'TERNATIONAL 18000 1008949 05/06/3016 HENRY SCHEIN INC ; 144 55 1008950 05/06/3016 SAFETY PRODUCTS INC 77 ',9 1008951 05/06/3016 COLD AIR DISTRIBUTORS WAREHOUSE 124 65 1008953 05/06/2016 INDIAN RIVER BATTERY L498 15 1008953 05/06/2016 INDIAN RIVER OXYGEN INC 62 50 1008954 05/06/2016 MIKES GARAGE K WRECKER SERVICE INC 11000 1008955 05/06/2016 GROVE WELDERS INC 65 60 1008956 05/06/2016 RECORDED BOOKS LLC 297 00 1008957 05!06/3016 SOUTHERN COMPUTER WAREHOUSE 7233.27 1008958 05106./2016 COMMUNITY ASPHALT CORP 1.318.28 1008959 05/06/2016 ROGER CLEVELAND GOLF INC 502.53 1008960 05/06/2016 TOTAL TRUCK PARTS INC 210 43 1008961 05/06/3016 DUNKELBERGER ENGINEERING R TESTING 1.32100 1008963 05/06./2016 COMO OIL COMPANY OF FLORIDA 114.28 1008963 05/06/2016 PRIDE ENTERPRISES 2.424 72 1008964 05/06/2016 GLOBAL GOLF SALES INC 92 78 1008965 05/06/2016 BARKER ELECTRIC, AIR CONDITIONING 1,1000 1008966 05/06/2016 MIDWEST MOTOR SUPPLY CO 214.22 1008967 05/06/2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 119 15 1008968 05/06;2016 SYNAGRO-WWT INC 41.700.85 1008969 05/06/3016 SOUTHERN JANITOR SUPPLY INC 102 80 1008970 05/06/2016 CAPITAL OFFICE PRODUCTS 397 14 1008971 05/06/3016 UNIVERSAL ENGINEERING SCIENCES 2.317.50 1008972 05/06/2016 METRO FIRE PROTECTION SERVICES INC 441.35 1008973 05/06/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1.002 81 1008974 05/06/2016 BENNETT AUTO SUPPLY INC 6040 1008975 05/06/2016 RADW'ELL INTERNATIONAL INC 352.39 1008976 05/06/2016 PACE ANALYTICAL SERVICES INC 304 00 1008977 05/06/2016 SCRIPPS NP OPERATING LLC 97 35 1008978 05/09!2016 EVERGLADES FARM EQUIPMENT CO INC 18.793 87 1008979 05/09/2016 COLKITT SHEET METAL $ A/C INC 955 00 1008980 05/09/2016 HELENA CHEMICAL 993.30 1008981 05/09/2016 INDIAN RIVER BATTERY 1.492 50 1008982 05/09/3016 ALLIED UNIVERSAL CORP 7.656 12 1008983 05/09/2016 IRRIGATION CONSULTANTS UNLIMITED INC 85 80 1008984 05/09/2016 FERGUSON ENTERPRISES INC 1 1.618 46 1008985 05/09/3016 GLOBAL GOLF SALES INC 1 165 13 1008986 05/09/3016 ECONOLITE CONTROL PRODUCTS INC 10.500 00 1008987 05/09/2016 COPYTRON]CS INC 1.00.1 76 1008988 05/09.!2016 CAPITAL OFFICE PRODUCTS 531.21 1008989 05/09/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1.029 70 1008990 05/09/3016 CUMMINS POWER SOUTH LLC 14.589 86 1008991 05/09,!2016 BENNETT AUTO SUPPLY INC 797 75 1008993 05/09/2016 AUTO PARTNERS LLC 289 67 1008993 05!09/2016 L&L DISTRIBUTORS 924.24 1008994 05!09/2016 CUSTOM PRODUCTS CORPORATION 333.24 1008995 05;09/2016 ENVIRONMENTAL CONSERVATION LABORATORIES IN 11 6')8()0 1008996 05/09/2016 HYDRA SERVICE (S) INC 21.226 00 1008997 05/09/3016 WRIGHT FASTENER COMPANY LLC 44600 1008998 05/09/2016 HORIZON DISTRIBUTORS INC 72 10 1008999 05/09/2016 IMAGENET CONSULTING LLC 17404 1009000 0-5/12/2016 AT&T 7 767 09 1009001 05/121-2016 OFFICE DEPOT BSD CUSTOMER SVC 743 87 1009002 05/12/2016 WASTE MANAGEMENT INC 2-90/57 Grand Total: 17/_510.06 041 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 4315 05/06/2016 ICMA RETIREMENT CORPORATION AMOUNT 4316 05/06/2016 ICMA RETIREMENT CORPORATION 2,300.00 4317 05/06/2016 NACO/SOUTHEAST 11,067.37 4318 05/06/2016 FLORIDA LEAGUE OF CITIES, INC 24,971.23 4319 05/06/2016 IRC FIRE FIGHTERS ASSOC 9,776.78 4320 05/06/2016 NACO/SOUTHEAST 6,660.00 4321 05/06/2016 VETERANS COUNCIL OF I R C 759.15 4322 05/06/2016 C E R SIGNATURE CLEANING 5,47205 4323 05/06/2016 KAST CONSTRUCTION COMPANY LLC 16,010.00 4324 05/06/2016 FL SDU 1,56,845.30 4325 05/06/2016 TREASURE COAST TITLE AGENCY INC 5 5,509.62 4326 05/09/2016 MUTUAL OF OMAHA 15,000.00 4327 05/09/2016 IRS -PAYROLL TAXES 6,732.37 P -CARD 05/09/2016 WELLS FARGO BANK, N.A 388,048.43 4328 05/10/2016 ALLSTATE 29,260 OS 4329 05/12/2016 BENEFITS WORKSHOP 35662 4330 05/12/2016 I R C HEALTH INSURANCE - TRUST6,161.42 Grand Total: 485,825.98 2,580,756.37 24 INDIAN RIVER COUNTY, FLORIDA 76 MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director (;r_�— FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director SUBJECT: Amendment No. 16 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street DATE: May 11, 2016 DESCRIPTION AND CONDITIONS Arcadis US, Inc. (formally known as Arcadis G&M, Inc) is under contract with Indian River County to provide Civil Engineering and Land Surveying Services for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street. The original Agreement was approved by the Board of County Commissioners on September 6, 2005 in the amount of $631,700.00. Fifteen amendments have been approved to date, bringing the total to $2,250,433.45. Amendment No. 16 provides for design services to prepare final construction plans for 66th Avenue from North of 491h Street to North of 57th Street. The total negotiated cost for Amendment No. 16 is $72,231.66, which includes a lump sum amount of $71,311.66 to prepare final construction plans and an hourly rate allowance not to exceed $920.00 for Construction Engineering Services- Structural Engineer. Amendment No. 16 increases the total contract amount from $2,250,433.45 to $2,322,665.11. FUNDING Funding in the amount of $72,231.66 for Amendment No. 16 is available from Optional Sales Tax/66th Avenue/491h – 65th Street, Account No. 31521441-066510-07806. F -\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admin\agenda items\AII work After Jan 2016\Amendment N 16\13CC Agenda Amendment No. 16 Arcadis 66th Avenue 050916.doc 25 PAGE TWO Amendment No.16 Arcadis US, Inc. For May 24, 2016 BCC Meeting RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 16 with Arcadis US, Inc. (formally known as Arcadis G&M, Inc) for an amount not to exceed $72,231.66 and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Amendment No. 16 from Arcadis US, Inc. Dated April 25, 2016. DISTRIBUTION Arcadis US, Inc. APPROVED AGENDA ITEM FOR BY Indian River County ApprqvQ Date Administration S b Budget Legal �l, �Y -' - �S� I b Public Works �/�►�`-' ,5��3 6 Engineering S (3 l6 F \Public Works\ENGMEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admin\agenda items\A11 work After Jan 2016\Amendment # 16\BCC Agenda Amendment No. 16 Arcadis 66th Avenue 050916.doc 26 BRIDGE REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR 60 TO NORTH OF 57TH STREET HRC PROJECT NUMBER 0545 PROFESSIONAL CIVIL ENGINEERING & STRUCTURAL ENGINEERING SERVICES AMENDMENT NO. 16 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. (flea ARCADIS G&M, Inc.), Inc. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated September 6, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section I — Project Limits and Description", "Section III - Scope of Services", and "Section V - Compensation". Amendment Description This Amendment includes the following: "SECTION I - PROJECT LIMITS AND DESCRIPTION" is being modified to incorporate the following: Consultant services are required for the preparation of road design plans; bridge plans; landscape and irrigation plans; permit applications and utility relocations associated with the construction of 66`x' Avenue. Plans have been prepared for the widening of 66`b Avenue from SR 60 to north of 57'h Street. Construction has been completed for 666' Avenue from SR 60 to north of 49b Street. A final set of construction plans will now be prepared for the section of 66b Avenue from north of 49h Street to north of 57`b Street. The following plan sheets will be modified: • Cover Sheet • Drainage Maps • Typical Sections • Quantities and General Notes • Summary of Drainage Structures • Plan and Profile Sheets • Side Street Plan and Profile Sheets • Cross Sections • Stormwater Pollution Prevention Plans • Signing and Pavement Marking Plans • Bridge Plans • Landscape and Irrigation Plans Page 1 of 6 G:\LNR Support\Proposa1s\WPB\2016\66th Avenue\66th Avenue AVE AMENDMENT 4-25-16.doc 27 Quantities had previously been computed for the section from SR 60 to north of 57' Street. The quantities will now be adjusted to include only the section from North of 49b Street to north of 57'h Street. The plans will be modified to show the previously constructed transition section north of 49`x' Street, and to show the work necessary within the transition area for the final 4 -lane roadway. Additionally, the intersection of 57`h Street and the bridge over the IRFWCD Lateral A canal has been widened to a three lane section. The plans will be modified to show the connection to the widened bridge and to eliminate the work shown east of the Lateral A Canal. Survvey information will be obtained within the transition area and at 57`h Street to verify the existing conditions. The plans for the bridges at 53'd Street, the North relief canal, and 57h Street will be updated to conform to the current design criteria. The landscape and irrigation plans will be updated and will be revised to include only the area from north of 49`h Street to north of 59`h Street. The work included in Amendment No. 16 is in accordance with the existing AGREEMENT dated November 6, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: 30% and 60%, and 90% plans have been submitted to the County. Engineer will prepare revised 90%, and 100% plans. The plan modifications will consist of the following: The Roadway set of plans shall consist of the following: Page 2 of 6 G \LNR Support\Proposa1s\WPB\2016\66th Avenue\66th Avenue AVE AMENDMENT 4-25-16.doc P:3 30% 60% 90% 100% Cover Sheet X X Drainage Maps X X Typical Sections X X Summary of Quantities X X Summary of Drainage Structures X X Reference Ties X X General Notes X X Details X X Plan and Profile Sheets (40 scale) X X Page 2 of 6 G \LNR Support\Proposa1s\WPB\2016\66th Avenue\66th Avenue AVE AMENDMENT 4-25-16.doc P:3 Side Street Plan and Profile Sheets X X Cross Sections at 100 ft interval X X Signage & Pavement Marking Plans (40 scale) X X Plateau Plan and Profile Sheets X X Drainage Structure Sheets X X Detention Areas & Details X X Driveway Cross Sections X X Cross Sections X X Side Street Cross Sections X X Stormwater Pollution Prevention Plans (SWPPP) X X Signing and Pavement Marking Plans X X Bridge Plans X X Landscape Plans X X Irrigation Plans X X Computation Book X X Construction Cost Estimate and Quantities X X "SECTION IV - TIME FOR COMPLETION" is being modified to incorporate the following: Project shall be completed as follows: a. The time for completion of the 90% design drawings, permit applications, and Engineer's Opinion of Probable Construction Cost for the project shall be.four (4) months from the date of execution of this ADDENDUM. Once permits are received, 100% design drawings shall be completed one month (1) month thereafter. 2. Deliverables -The ENGINEER shall provide the COUNTY: a. Three (3) 11" x 17" paper signed and sealed of the 90% plans. Also, a pdf format set of the plans on a cd. b. Microstation drawing file and PDF formats on CD. c. Work Product shall be prepared and supplied in State Plane geometry (NAD83 2007 adjustment if applicable); digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. Page 3 of 6 G:\LNR Support\Proposa1s\WPB\2016\66th Avenue\66th Avenue AVE AMENDMENT 4-25-16.doc 29 "SECTION V — COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee 1. The basic compensation mutually agreed upon by the ENGINEER and the COUNTY follows: The following is a summary of costs: Charge Associated with Change in Project Scope New Total And Proiect Limits Compensation Geotechnical Services (Tierra)(Lump Sum) ................................ $0.00 $139,460.00 Engineering (ARCADIS) (Lump Sum) ................................. $24,834.66 $988,222.16 Signal Plans (ARCADIS)................................................................ $0.00 $84,726.66 Design Survey (60 Avenue)(ARCADIS)................................ $3,577.00 $173,077.00 Design Survey (Sidestreets)(ARCADIS)......................................... $0.00 $71,428.00 Right -of -Way Survey and Map (60 Avenue) ................................. $0.00 $117,821.00 Right-of-way Survey (Sidestreets).................................................... $0.00 $61,963.00 Structural Design for 3 bridges (BDA, now the Wantman Group, Inc) ................................... $19,400.00 $226,622.00 Landscape & Irrigation........................................................... $23,500.00 $100,660.00 (Thomas Lucido & Associates) (Lump Sum) PondSurveys..................................................................................... $0.00 $25,790.00 Water Main Plans (ARCADIS)................................ $0.00 $86,145.00 ..................... (Lump Sum) Corridor Study(ARCADIS)...........................................................$0.00 $15,581.00 Cultural Resource Assessment ......................................................$0.00 $8,925.93 TOTAL PROFESSIONAL SERVICES ................................. $71,311.66 $2,100,421.75 Page 4 of 6 C:\Users\jwilliams\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DA3K8007\66th Avenue AVE AMENDMENT 5-16-16.doc 30 HOURLYRATE ALLOWANCES Allowance for Sketch and Legal Descriptions and staking ofparcels (3 75. 001each) ................ NTE $0.00 $51,000.00 Allowance for miscellaneous roadway design changes due to right of way negotiations ............................... NTE $0.00 $20,000.00 Allowance for Survey Crew and Soft Dig Machine for Horizontal and Vertical Utility Locations at Potential Conflicts (Survey $112/Hr)...................................................................... NTE $0.00 $20,000.00 Allowance for Survey and Design Of a transition to match the existing pavement At the north end of the project ................................................ NTE $0.00 $27,000.00 Construction Engineering Services - Public. Works ............. NTE $0.00 $92,877.12 Construction Engineering Services -Utility Dept .................. NTE $0.00 $10,446.24 Construction Engineering Services -Structural Engineer. NTE $920.00 $920.00 TOTAL HOURLYRA TE ALLO WANCES ....................... NTE $920.00 $222,243.36 Compensation for the hourly rate allowances will be made on an hourly basis at the hourly rates listed below: Project Engineer Manager .............................................. $146.64 ProjectEngineer............................................................... $109.70 SeniorCADD Operator...................................................... $85.84 CaddDraftsman.................................................................. $56.89 Survey Project Manager ................................................... $106.40 ProfessionalSurveyor........................................................ $98.30 SurveyCADD Tech............................................................ $68.17 3 Man Field Crew............................................................. $126.84 2 Man Field Crew............................................................. $114.14 Sr. Field Coordinator......................................................... $75.00 The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. Page 5 of 6 G:\LNR Support\Proposals\WPB\2016\66th Avenue\66th Avenue AVE AMENDMENT 4-25-16.doc 31 This Amendment No. 16 to the AGREEMENT regardless of where executed, shall be governed by and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this 1500 GB levard, Suite 200 Boynton �Beac ,l 33426 Lawson, P.E. WITNESSED BY: r County Attorney Approved as to F and Legal Sufficiency I rA— oseph Bird, ,ountAAdyfiinistrator day of 2016. INDIAN RIVER COUNTY, FLORIDA 0 Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court Deputy Clerk Page 6 of 6 G:\LNR Support\Proposa1s\WPB\2016\66th Avenue\66th Avenue AVE AMENDMENT 4-25-16.doc 32 66th AVENUE Amendment 16 4-22-16 .xls W tj ESTIMATE OF WORK EFFORT FOR ENGINEERING 66th Avenue Amendment 17 Total Contract Cost Computations Total Activity Salary Costs (a) Overhead Additives: (a1) Combined OH Percent (a2) Combined OH Cost Subtotal (Salary + Overhead) (b) Operating Margin Percent (b) Operating Margin Cost Subtotal (Salary Related Cost) 24,834.66 0.00% $ 24,834 66 0.00% 24,834.66 Subtotal (Cost Elements of Basic Activities) $ 24,834.66 SUBCONTRACTOR ITEMS (Limiting Amount) TOTAL SUBCONTRACTOR ITEMS $ LUMP SUM= , ESTIMATE OF WORK EFFORT FOR ENGINEERING 88th Avenue Amendment 17 00th AVENUE A-dMee1 10 422.10 .xh Averega per hour PROJECT MANAGER PROJECT ENGINEER SR. CADD OPERATOR ACTIVITY TOTAL --Rom MAN HOURLY RATE MAN "OURS HOURLY RATE MAN I HOURLY "OURS MAN ----ROURS- PLAN REVISIONS 30.0 146.64 37.0 $ 109.70 143.0 85.84 210.0 DRAINAGE DESIGN $ 146.64 $ 2,050.72 109.70 85.84 ROADWAY PLANS #DN/01 146.641 I $ 109.70 $ 85.84 TOTALS UTILITIES 8.0 146.64 8.0 s 109.70 s 85.84 16.0 PERMITTING 8.0 146.64 8.0 109.70 s 85.84 16.0 G PAVEMENT MARKING PLANS 146.64 109.70 85.84 SIGNALIZATION PLANS 146.64109.70 s85.84 TOTALS 8.0 53.0 3.0 242.0 00th AVENUE A-dMee1 10 422.10 .xh Averega per hour BY ACTIVITY COSTFOR ACTIVITY HOURLY RATE DESIGN ANALYSIS 210.0 $ 20 733.22 98.73 DRAINAGE ANALYSIS $ #DIV01 ROADWAY PLANS #DN/01 UTILITIES 16.0 $ 2,050.72 128.17 PERMITTING 16.0 $ 2,050.72 128.17 SIGNING A PAVEMENT MARKING PLANS #DN/01 SIGNALIZATION PLANS I $ #DN/OI TOTALS 1 242.0 $ 24 834.08 $102.82 00th AVENUE A-dMee1 10 422.10 .xh Averega per hour 66th Avenue ACTIVITY: A. ROADWAY PLANS PACKAGE HIGHWAY TASK LIST SUBACTIVITY: 1 - Plan Revisions HIGHWAY PAGE 2 OF 3 TASK BASIS OF ESTIMATE NO. OF UNITS HOURS/UNIT NO. OF SHEETS TOTAL HOURS PROJECT MANAGER PROJECT ENGINEER SR. CADD REMARKS 1 Cover Sheet Sheet 1 2 1 2 2.0 2 Typical Sections Sheet 3 2 3 6 2.0 4.0 1 Drainage Mas Sheet 1 1 4 1 4 1.0 3.0 2. Roadway Plan & Profile Sheets Sheet 11 12 4 132 12.0 20.0 100.0 3. Cross Sections Each 8 4 3 32 6.0 6.0 20.0 4. Plateau Plans Sheet 1 0 5. Dralna a Structure Sheets Sheet 6 1 6 0 6.0 7. Driveway Profiles Each 0 8 Summary of Quantities LS 1 12 1 12 4.0 8.0 9 Signing and Paevment Marklng Plans Each 2 4 2 8 2.0 6.0 10 Quantity computations Each 1 16 16 8.0 8.0 SUBTOTAL THIS SHEET I I- i 204 30 37 143 661h Avenue ACTIVITY: A. ROADWAY PLANS PACKAGE HIGHWAY TASK LIST HIGHWAY PAGE 7_ OF 12 SUBACTIVITY: 4• UTILITIES I RAILROADS TASK BASIS OF ESTIMATE NO. OF UNITS HOURS/UNIT NO. OF SHEETS TOTAL HOURS PROJECT MANAGER PROJECT ENGINEER SR. CADD REMARKS 1 Utility conflict matrix Ea. 1 4 0 4.0 2. Profiles Ea. 0 3. Coordination with Utility Companies Ea. 1 4 4 4.0 4. Details Ea. 0 5. Utility Coordination Meetings Ea. 2 4 8 8.0 6 Pre Work Meeting - Ea. 0 SUBTOTAL THIS SHEET 12 8 8 0 6. Quality Control 0% 0 7 Su ervislon 0% 0 8. Utility Meetings TOTAL T-, 12 8 8 0 W O� Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ................................................................................................................................................................................................................................. Appendix I: Calculations of the Statewide Fiscal Revenues and Calculations of Total Investments ................................................................................................................................................................................................................................. The Washington Economics Group, Inc. (WEG) Page 112 -7-A Economic Impacts Brief: The Economic Development Return on Public Investment in Indian River County ........................................................................................................................................................................... Calculation of the Statewide Fiscal Revenues Allocated to Indian River County Indian River County - State/County Tax Allocation 50 Corporate Profits Tax _ 100.00% 0.00%$102,563 Dividends _ _ — — ----100.00% i 0.00% 7-1 $10,5361 $0 $0 $102,563 $10,536 Indirect Business Taxes: Motor Vehicle Licenses 100.00o/a ; 0.00% j $4- 9,354 $0 $49,354 Other Taxes 100.00% 0.00% $293,614 ; $0 $293,614 Property Tax 0.00%1 100.00% f $0 $1,965,524 $1,965,524 State/Local Non Taxes 50.00% 1 50.00%_ _$78,201 ---- $2,417,735_i_$402,956 $78,201 $156,402 $2,820,691 _ Sales Tax_85.71%1 14.29% Severance Tax 100.00% 1 _0.00% Personal Taxes: $3,641 i $0 $3,641 _ Estate & Gift Tax Income Tax __— _ 100.00%1 0.00% I 100.00% i 0.00% — $0 ; $0 $0 $0$0 — $0 $0 Motor Vehicle Licenses _ _' _ 100.00% I 0.00% L _ _$48,602i $0 `$48,602 Non Taxes Fines - Fees) 50.00% i 50.00% $106,859_; $106,8591 $213,719 Other Taxes (Fish / Hunt) 100.00% : 0.00% $3,249 $0 i $3,249 i Property Tax _ 0.00% 100.00% $0 ' $18,6161 $18,616 Social Insurance Taxes: Employee Contribution — 100.00%1 0.00% $16,515 j $0 $16,515 Employer Contribution — _ 100.00%! 0.00% $32,25_5 1$0 $32,255 Total State and Local Taxes $3,163,123 $2;572;.56- $5,735,279 Source: The Washington Economics Group, Inc. (WEG) _ _ Calculation of the Total Investment Made By Indian River County in Enacting Performance -Based Incentives for Targeted Companies, 2007 -Present Total Local Jobs Grants Approved and Awarded by the County $785,989 Total Tax Abatement Provided $873,232 Total investment to the Chamber's Economic Development Efforts $1,314,992 Grand Total $2,974,213 .............................................................................................................................................................................................................................. The Washington Economics Group, Inc. (WEG) Page 113 -7.A.15. Economic Impacts Brief- The Economic Development Return on Public Investment in Indian River County .......................................................................................................................................................................................................... Appendix I1: The Washington Economics Group, Inc. (WEG) Project Team and Qualifications - ........................................................................................................................................................................................................................... The Washington Economics Group, Inc. (WEG) Page 114 -7.A-i 66th Avenue ACTIVITY. A. ROADWAY PLANS PACKAGE HIGHWAY TASK LIST HIGHWAY PAGE 3_ OF 3 SUBACTIVITY: 5 - ENV. SERVICES / PERMITS TASK BASIS OF ESTIMATE NO. OF UNITS HOURS/UNIT NO. OF SHEETS TOTAL HOURS PROJECT MANAGER PROJECT ENGINEER SR. CADD REMARKS 1. Indian River Farms Water Control District Permit L.S. 1 8 8 4.0 4.0 2. St. Johns River Water control District Permit L.S. 1 8 8 4.0 4.0 SUBTOTAL THIS SHEET 18 H 8 0 W J � WGI_ February 29, 2016 Henry W. Deibel, Jr. Associate Vice President Arcadis U.S., Inc. 1500 Gateway Boulevard, Suite 200 Boynton Beach, FL 33426 RE: Indian River County 66'b Ave. Bridges Dear Mr. Deibel, Wantman Group, Inc., (WGI) is pleased to provide this scope of services and fee proposal to Arcadis US., Inc. for Structural Engineering Services associated with the production of Construction Plans for two new bridges: Bridge No. 884036 (66t° Avenue at 531 Street over Lateral "A" Canal) and Bridge No. 880006 (661' Avenue over the North Relief Canal); and for modifications to existing Bridge No. 884093 (571h Street over Lateral "A" Canal). Our Scope of Services and corresponding fees are detailed below. SCOPE OF SERVICES ENGINEERING SERVICES 1. Bridge No. 884036 — 66'b Avenue at 531 Street over Lateral "A" Canal. Update Plan Set prepared by BDA, Inc. (dated 06.13.12) to Final Signed & Sealed Plans for Construction. This task to be performed for a lump sum of .....................................................$5,540.00 2. Bridge No. 880006 — 66'b Avenue over the North Relief Canal. Update Plan Set prepared by BDA, Inc. (dated 08.15.07) to Final Signed & Sealed Plans for Construction. This task to be performed for a lump sum of......................................................$8,320.00 3. Bridge No. 884093 — 571' Street over Lateral "A" Canal. Modify Plans prepared by BDA, Inc. (dated 03.16.09) for Final Signed & Sealed Plans to complete "Phase 11" Construction. This task to be performed for a lump sum of......................................................$5,540.00 4. Post Design Services. During bidding process, attend one pre-bid meeting. Respond to BFI's from Contractor. This task to be performed for a lump sum of .......................................................$920.00 Our fees do not include Construction Phase Services. All fees quoted in this agreement are applicable for one year from date of agreement. At that time, fees are reviewed and adjusted accordingly. Any hourly charges or reimbursable costs shall be subject to the current fee schedule in effect at the time services are performed. t f: wantmangroup 38 Arcadis U.S., Inc. February 29, 2016 Page 2 of 2 We appreciate the opportunity to be of service to you. Upon acceptance of this proposal, please sign and return one (1) copy to this office. Respectfully submitted. WANTMAN GROUP, INC. krianRheault, P:E. Structures Project Principal Corporate Representative: Name (Printed) This Proposal accepted this day of , 2016 Name (Signature) EmIAWGI wantmengroup 39 Iucv1do&associates Land Planning / Landscape Architecture April 18, 2016 Mr. Hank Deibel Arcadis 1500 Gateway Boulevard, Suite 200 Boynton Beach, FL 33426 via email: Hank.DeibelQarcadis-us.com Consider this to be the original RE: 661 Avenue Station 295+00 to Station 354+00 —Proposal of Services for Landscape Architecture (LA REF NO. 16-260 fna 11-165FP) Dear Mr. Deibel: This agreement authorizes Lucido & Associates, hereinafter referred to as "Consultant," to provide to Arcadis, hereinafter referred to as "Client" with landscape architecture and irrigation design services for proposed roadway improvements from Station 295+00 to Station 354+00, located in Indian River County, FL. SCOPE OF SERVICES Our understanding is that we will provide the following specific services: • Preparation of one (1) set of final landscape plans for bidding and installation purposes for landscape medians, including littoral zone and lake bank landscape plans for three (3) stormwater treatment ponds; • Provide one (1) set of final irrigation plans for bidding and installation purposes for areas noted above. Note: Landscape and irrigation plans to include locations, notes and details for proposed landscape and irrigation material. FEES: Fees shall be billed on a fixed fee basis, based on the hourly billing rates included in this contract, in the amount of Twenty Three Thousand Five Hundred ($23,500.00) dollars. Consultant shall not exceed the fee amount without authorization from Client. Fees may be increased based on changes or additions to the proposed Scope of Services. Fees shall be billed monthly on a percentage of completion basis, and are due upon receipt. 701 U Ocean Boulevard Stun. Florida 34994 tel:772n0.2100 tax:77LM.0220 vveb:www.lucidodesign.com 40 Mr. Hank Deibel, Arcadis LA #16-260 66" Avenue April 12, 2016 Page 2 of 5 2016 HOURLY_ BILLING RATES President $235.00 Environmental Specialist $105.00 Senior Vice President $225.00 Senior Designer $ 95.00 Vice President $195.00 Executive Administrator $ 85.00 Senior Planner/ Landscape Architect $135.00 Project Designer $ 80.00 Senior Project Manager $125.00 Bookkeeper $ 75.00 Senior Designer H $120.00 Design Technician $ 65.00 Senior Planning Assistant $115.00 Administrative Assistant $ 55.00 Project Manager $110.00 Technical Assistant $ 45.00 Hourly rates arc valid for a period of thirty (30) days from date of proposal_ based on annual review Hourly rates may change at the beginning of each calendar year EXPENSES: Reimbursable expenses may include: reproduction, travel expenses, courier, telephone costs, and outside vendors, and shall be billed on a monthly basis in addition to professional services fees. All vendor reimbursable expenses shall be charged direct costs plus 15%. ADDITIONAL SERVICES: Additional services ie4uiied as a result of substantial changes in the established scope of services, project program or concept; unforeseen constraints; new, revised or improper interpretations or applications by government staff or officials of local development regulations or Comprehensive Plan policies; revisions to plans or documents prepared by others not directly affiliated with Lucido and Associates; or as requested by the Client will be billed at either the hourly rates referenced herein or at agreed upon fixed fees. Additional services include, but are not limited to, planned unit development agreements; governmental applications for development approval not specifically listed herein; conceptual site plans, master plans, final site plans; phasing plans; meetings/site visits not listed in the scope of services no site visits or construction meetings; traffic analyses or review and coordination of traffic related issues; revising previously approved drawings; additional graphics, elevations, cross-sections, perspectives, color renderings or photo boards not specifically listed herein; tree surveys or mitigation plans; architectural services, review of architectural plans or coordination of architectural issues; engineering services, review of engineering plans or coordination of engineering issues; site lighting or electrical engineering, structural plan; governmental or building permits; permit drawings; environmental surveys or review and coordination of environmental related issues; and other such services not otherwise listed in the scope of services. INSURANCE: The Consultant carries Worker's Compensation insurance, professionalliability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will acquire such additional insurance, if obtainable, at the Client's expense. TERMS: Invoices shall be considered past due thirty (30) days from the date of billing. Work process shall stop after account is thirty (30) days in arrears. In connection with any litigation, including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled to recover any amounts due and/or unpaid, together with costs, interest and reasonable attorney's fees. In the event any invoice or any portion thereof remains unpaid for more than thirty (30) days following the invoice date, the Consultant may initiate collection and/or legal proceedings to collect the same. Any sum due the Consultant which is not paid within thirty (30) days after submission of an invoice shall bear interest at a rate of one and one-half percent (1-1/2%) per month from the date of submission of the invoice until paid 41 Mr. Hank Deibel, Arcadis LA # 16-260 6e Avenue April 12, 2016 Page 3 of 5 in full. If the Client objects to an invoice, it must advise the Consultant in writing providing its reasons within 14 days of receipt of the invoice, or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. The parties acknowledge that a substantial portion of negotiations and anticipated performance of this agreement occurred or shall occur in Indian River County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Indian River County; (b) consents to the jurisdiction of such court in any such suit, action or proceeding, and (c) waives any objection which he or she may have to the laying of venue of any such suit, action or proceeding in such court. The Client understands and agrees that if all fees and reimbursable expenses are not paid, that after the conclusion and/or termination of the representation, the Consultant may report such non-payment to the appropriate credit reporting agencies. In addition, the Client understands and agrees that afier the conclusion and/or termination of the representation, the Consultant may assign any unpaid fees and costs to an appropriate collection agency for collection, or initiate a collection action itself. All original drawings and information are to remain the property of the Consultant (all copies of drawings to be supplied to Client for their files). The Client will be provided with copies of final drawings and/or reports for information and reference purposes. Plans and documents are not to be used for Construction purpose without Consultant approval. Boundary survey shall be provided by Client in digital format in State Plane Coordinate System. All Consultant information and materials may not be used for the benefit of any third party without approval by the Consultant. Technical and pricing information in this proposal is confidential and the proprietary property of the Consultant, and is not to be disclosed or made available to third parties without the written consent of the Consultant. All plans, documents and graphics are to be considered accepted after submittal to the appropriate governing jurisdiction. The Consultant will not be responsible for Government Certification of our landscape designs or other associated planting or site problems if not contracted to provide site inspection services during plant installation. All conceptual, master and final site plans produced by the Consultant are diagrammatic and not to be used for construction purposes. All master and final site plans must be horizontally controlled and brought into compliance with regulatory site design standards by the Client's engineer for construction purposes. The obligation to provide further services under this Agreement may be terminated by the Client upon thirty (30) days written notice in the event of any substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Consultant will be paid for services rendered to the date of notice, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Consultant as a result of such termination. The fee and timing for the quote above is valid for a period of thirty (3 0) days from the date of this contract. In the event the Consultant's compensation under this agreement is a fixed fee, upon such termination, the amount payable to the Consultant for services rendered will be a proportional amount of the total fee 42 Mr. Hank Debel, Arcadis LA #16-260 661 Avenue April 12, 2016 Page 4 of 5 based on the ratio of the amount of the work done, as reasonably determined by the Consultant, to the total amount of services which was to have been performed, less prior partial payments, if any, which have been made. Consultant shall not be responsible for, or liable for. 1. Changes to the Client -approved or submitted site plan or development application that may result from Client directives; changes to construction plans or surveys. 2. New, revised or improper interpretations or applications by government staff or government officials of development regulations or Comprehensive Plan policies. I. Amendments to government approved final site plans that may result from platting requirements. 4: Delays to site plan or development applications or responses to staff reports that may be created by project team members, government agencies or any other unforeseen circumstances that may result from the development review process. 5. The quality of work or technical data and analysis provided by other project team members such as plans, documents, or electronic data prepared by the project engineer, surveyor, attorney, architect, traffic consultant, environmental consultant or others not employed by Lucido & Associates. This contract does not guarantee government approval of the development application. Consultant shall not be responsible for, or liable for; the denial of a government application based on failure to perform by project team member;. or new, revised, or improper interpretations or applications of local development regulations or Comprehensive Plan policies by government staff or officials; or any other unforeseen circumstances that may result from the development review process. The Client acknowledges and agrees that land use matteis at all levels of government are time consuming and unpredictable. The Consultant cannot guarantee success nor can the Consultant guarantee the timing of the governmental process. All time estimates, if any, are simply estimates based upon past experience and eventual time frames may vary considerably from any estimates given. The Consultant is not responsible for any time delays or damages to the Client because of any time delays regardless of the source of the delays. All fees charged by government are to be paid by the Client, regardless of the amount of the fee or the reason for the fee. The Consultant is not responsible for any fees charged by the government. The governmental process in land use matters may also involve the Client engaging other professionals to assist the Client. The Client is responsible for engaging all other professionals to assist the Client in achieving the Client's land use goals. The Consultant is not responsible for engaging other professionals, is not responsible for work product of other professionals and is not responsible for any fees of other professionals. The,Consultant is not responsible for the government misinterpreting government regulations or making new interpretations of government regulations inconsistent with past interpretations. 43 Mr. Hank Deibel, Areadis LA # 16-260 66' Avenue April 12, 2016 Page 5 of 5 SIGNATURE Please sign and return a copy of the proposal to us via mail or email. records. Work will commence upon receipt of the executed proposal. APPROVED AND ACCEPTED THIS LUCIDO & ASSOCIATES, LLP By: Thomas Lucido & Associates, P.A. a Florida Corporation Its Managing Partner DAY OF Retain the original proposal for your ARCADLS-IIS Hank Deibel Associate Vice President 2016. 44 ARCADIS SURVEY ESTIMATE WORKSHEET 8Y: W. DIVINE DATE: 41 2016 CLIENT: INDIAN RIVER COUNTY PROJECT: oit AVENUE SECTION: TOTAL TASK HEALTH AND SAFETY ., CONTROL •-• 296+00 TO 302+00 ••. 58TH STREET BRIDGE-- r r rr rr ---MENrr .:.- . rr rr rrr rr :: rr rr rrr :r rr rr rr , , rrr rrr rr rrr rr rrr -r rr rrr rrr rrr - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. EQrd;'County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director 0r' Richard B. Szpyrka, P.E., Assistant Public Works Directo FROM: Michael D. Nixon, P.E., Roadway Production ManagerAp SUBJECT: Work Order No. 6, Kimley-Horn & Associates, Inc. Oslo Road and 66th Avenue Intersection Improvements DATE: May 12, 2016 DESCRIPTION AND CONDITIONS �C On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 6 is to provide design for a traffic signal at the intersection of Oslo Road and 66th Avenue to be constructed in conjunction with the intersection improvements currently under design by the Engineering Division. The overall improvements will consist of the reconstruction of the intersection providing left turn lanes on Oslo Road and southbound on 66th Avenue with the installation of the traffic signal. FUNDING Funding is budgeted in Traffic Impact Fees, District 3, Account No. 10215341-066510-13005, Oslo Road and 66th Avenue Intersection Improvements in the amount of $23,140.00. RECOMMENDATION Staff recommends approval of Work Order No. 6 to Kimley-Horn & Associates, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Work (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 6 on their behalf for a lump sum amount of $23,140.00. ATTACHMENTS Work Order No. 6 DISTRIBUTION Kimley-Horn Associates, Inc. APPROVED AGENDA ITEM FOR Ma 2016 BY Indian River County ApprovrAj Date Administration 5//9//0 Budget Legal: Public Works s '✓� i{ Engineering 1 @0 F\Public Works\ENGINEERING DIVISION PROJECTS\]203-66th Ave -Oslo Rd Intersection Improvements\Admim\agenda items\BCC- KHA Work Order 6, 46 5-24-16.doc WORK ORDER NUMBER 6 Oslo Road (91h St. SW) and 66th Avenue Intersection Improvement IRC Project No. 1203 This Work Order Number 6 is entered into as of this — day of 2016, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011 and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of the 4"' day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc.("Consultant"). EXHIBIT A SCOPE OF WORK The COUNTY desires to prepare traffic signalization plans associated with the Oslo Road/ 66t' Avenue Intersection Improvement Project. It is understood that the proposed signalization improvements will consist of a box span -wire traffic signal assembly at the subject intersection which will be designed to meet current IRC and FDOT standards. It is understood that the proposed signalization design will be performed based upon the proposed IRC roadway geometry. The plans will include the design and layout of proposed signal poles, signal heads, loops, conduit, and pull boxes. The plans will include all call outs, loop detector chart, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and strain pole schedule. The COUNTY will provide geotechnical data necessary to support the strain pole selection. The County agrees to provide (in a timely manner) the folJowing.material, data, --or services -as -required -in - connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with a geotechnical investigations; traffic counts, preliminary data or reports available, existing location surveys, topographic surveys, and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the County pertinent to the project. C. The County shall make provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform his services. D. The County will promptly execute all permit applications and provide application and review fees necessary to,expedite the acquisition of any local, state or federal permits made necessary by the project. 47 E. The County will pay for all permit fees. A. Traffic Sianalization Plans: Roadway set of plans shall consist of the following: Notes: N — Nrenminary, C — Complete, but subject to change, F - Final The plans will be prepared based upon English units. Final digital design documents will be provided to the County in AutoCAD format. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's. PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an -alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. 60%, 90% abd 100% Plan Submittals shall include the following: L Three (3) Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format, final submittal shall include .dwg files. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. 48 60% 90% 100% Cover Sheet C C F Summary of Pay Items P C F Summary of Quantities & General Notes P C F Signalization Plans P C F Construction Cost Estimate and Quantities C C F Notes: N — Nrenminary, C — Complete, but subject to change, F - Final The plans will be prepared based upon English units. Final digital design documents will be provided to the County in AutoCAD format. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's. PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an -alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. 60%, 90% abd 100% Plan Submittals shall include the following: L Three (3) Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format, final submittal shall include .dwg files. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. 48 B. Utility Coordination: The CONSULTANT will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Any utility permitting and relocation design required to accommodate the proposed improvements will be -addressed as an additional service relative to this scope of work. FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Traffic Signalization Plans $ 20,360 Utility Coordination $ 2,780 Project Total $ 23,140 TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately three (3) months from the Notice to Proceed (NTP). NTP Upon BOCC Approval Phase I Submittal (60% Design Plans) 1 months following NTP Phase II Submittal (90% Design Plans) 2 months following NTP Phase III Submittal (Final Design Plans) 3 months following NTP 49 The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), part of this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), part of this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), part of this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-H TES, INC. By: Title: �4/' VILC— TlQsrc By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approv Joseph . Ba rd, County Administrator Approved as to form and legal sufficiency: �l Dylan T. Reingold, County Attorney 50 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director THROUGH: Richard B. Szpyrka, P.E., Assistant Public Works Directo (P FROM: James D. Gray, Jr � Coastal Engineer CONSENT SUBJECT: Work Order No. 21 Ecological Associates, Inc. Sector 3 Beach Restoration Project 2016 Post Construction Biological Monitoring Services DATE: May 17, 2016 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with Ecological Associates, Inc. (EAI) for professional coastal environmental services in Indian River County for a two-year term, 2013- 2015. On March 17, 2015 the Board renewed the contract until March 19, 2017. EAI is the selected County consultant for professional biological monitoring services related to the Sector 3 Beach Restoration Project. The proposed Work Order No. 21 provides year 2016 post construction biological monitoring services relative to sea turtle monitoring and reporting and Nearshore Hardbottom monitoring and reporting of the Sector 3 Beach Restoration and Sector 3 Dune Repair Project Area. By Permit, annual Post Construction Biological monitoring is required following a large scale beach restoration project. The 2016 monitoring entails the following: • "Year 1" post construction monitoring Work Order No. 21 totals a lump sum amount of $400,169.00 All subsequent annual biological monitoring of the Sector 3 Project area will be addressed through future work orders. FAPublic WorksUamesG\Sector 3\EAI Work Orders\EAl WO # 21\agenda item Ecological Associates Inc Work Order No. 21 —2016 post construction biological monitoring — 5-17-16.docx 51 Page 2 BCC Agenda Item Sector 3 Beach Restoration May 17, 2016 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding is budgeted and available for monitoring and of the Sector 3 Beach Restoration project in the Beach Restoration Fund, Sector 3 Post Construction Monitoring Account No.12814472-033490-05054. Additionally, this work order is eligible for 50% state cost through the Florida Department of Environmental Protection Beach Management Funding Assistance Program. Currently, State appropriated funds are available in FDEP Grant Agreement No. 141112. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 21 to the contract with Ecological Associates, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Ecological Associates, Inc. Work Order No. 21 (1 original copy) APPROVED AGENDA ITEM Indian River County Appro Date Administration 5149 Budget Legal Public Works Coastal Eng. Division JDA F-Tublic WorksUamesG\Sector 3\EA1 Work Orders\EAI WO # 21 \agenda item Ecological Associates Inc Work Order No. 21 —2016 post construction biological monitoring — 5-17-16.docx 52 WORK ORDER NUMBER 21 SECTOR 3 BEACH AND DUNE RESTORATION PROJECT 2016 POST CONSTRUCTION BIOLOGICAL MONITORING SERVICES This Work Order Number 21 is entered into as of this day of , 2016 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), and amended March 17, 2015, by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and The Transt-t Group, Inc. D.B.A Ecological Associates. Inc. ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within- the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Ecological Associates, Inc, _ By: �42" z an DeForest Title: President / CEO Date: / 7111,41 Zo/6 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY L'In Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk owed: T)�� A. 'rd, County Administrator Approved form and legal sufficiency: liam K. DeBraal, Deputy County Attorney 53 EXHIBIT 1 Mr. James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27h Street Vero Beach, Florida 32960 ECOLOGICAL ASSOCIATES, INC. May 10, 2016 Re: Scope of Work and Cost Proposal for Sector 3 Post -construction Sea Turtle and Hardbottom Monitoring, Indian River County, Florida — 2016. Dear Mr. Gray: Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work (SOW) and Cost Proposal for providing Professional Environmental Services in support of Indian River County's Sector 3 Beach Restoration Project. Services described herein conform to biological monitoring requirements stipulated in Florida Department of Environmental Protection (FDEP) JCP Permit #0285993 -001 -JC (and associated modifications) and applicable U.S. Fish and Wildlife Service (USFWS) Biological Opinions (BOs) for the Sector 3 Project. This work will satisfy requirements for: ➢ Year 1 post -construction monitoring for the Sector 3 Dune Repair Project (R-24 to R-55) EAI will perform the following tasks under this SOW, with support from its sub -contractor, CSA Ocean Sciences Inc. (CSA), as detailed in Exhibit A: ➢ Weekly post -construction escarpment monitoring; ➢ Post -construction sea turtle monitoring; ➢ Marking and monitoring of a representative sample of nests to determine nest fate and reproductive success; ➢ Comprehensive nighttime lighting evaluations; ➢ Nearshore hardbottom monitoring; ➢ Post -construction UMAM analysis of hardbottom impacts; and ➢ Data management and reporting, as conditioned in regulatory permits for the project. All sea turtle monitoring activities will be performed under Florida Fish and Wildlife Conservation Commission (FWC) Marine Turtle Permit MTP -16-010 in accordance with current or future superseding conditions and guidelines issued -by the permitting agency. Ecological Associates, Inc. • Post Office Box 405 • Jensen Beach, Florida 34958 Phone: (772) 334-3729 • Fax: (772) 334-4925 0 Email: info@ecological-associates.com 54 Indian River County Sector 3 Sea Turtle Monitoring — 2016 Scope of Work — May 10, 2016 Records of monitoring activities during 2016 will be provided to the County in a form and at frequencies mutually agreed upon. Monthly data reports and a year-end summary report will be provided to the County in accordance with Exhibits B (Deliverables) and C (Schedules). EAI will submit its monthly billings for services to the County in accordance with the fees set forth in Exhibit D (Costs). No deposit or retainers are required. Implementation of EAI's services is contingent upon receipt of a Notice to Proceed. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Please feel free to give me a call should you have any questions regarding EAI's proposed services or associated costs. Sincerely, Niki Desjardin Project Manager c: Stan DeForest/President 55 2 EXHIBIT A Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 SCOPE OF WORK 1) Project Boundaries. The area to be monitored (Study Area) extends from R-20 south to R-68 in Indian River County (Sector 3). This includes the Sector 3 Dune Repair Project and a control beach. Construction of the Dune Repair Project (R-24 to R-55) was completed in the spring of 2015. The control beach, immediately south of the Sector 3 Project Area, extends from R-60 to R-68. 2) Monitoring Period. Post -construction monitoring activities will commence May 1, 2016 and will continue through approximately February 2017, as stipulated below. 3) Weekly Post -construction Scarp Monitoring (FDEP Specific Condition No. 24). Escarpment (scarp) surveys will be conducted on a weekly basis within the Sector 3 Project Area from May 1 through September 30, 2016. In accordance with FWC protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will submit weekly reports of scarp monitoring data to FWC (marineturtle &myfwc.com). EAI will also notify the County of any persistent scarps within the Project Area that may interfere with sea turtle nesting. The County shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. 4) Post -construction Nesting Beach Sea Turtle Monitoring and Reporting (FDEP Specific Condition No. 29). Daily early morning nesting surveys will be conducted throughout the Sector 3 Study Area beginning May 1 and continuing uninterrupted through October 15, 2016 (per conditions outlined in the Statewide Programmatic BO). Thereafter, the surveys will be conducted approximately three days each week until the last marked nest has been evaluated. During the daily surveys, all emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being either above or below the previous high tide line. 56 EXHIBIT A Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 Throughout the period of monitoring, all nests and false crawls will be enumerated by pre -established survey zones and their approximate geographic locations determined by GPS (sub -meter accuracy). Each false crawl will be categorized as to the stage at which the nesting attempt was abandoned in conformance with FWC requirements for beach restoration projects. Additionally, all obstacles (e.g., scarps, seawalls, etc.) encountered by turtles during their emergences onto the beach will be documented. EAI will coordinate its monitoring activities with other FWC Marine Turtle Permit Holders within the Project Area to ensure that it does not interfere with their data collection efforts. EAI will also coordinate its monitoring activities in a manner that best supports the County's Habitat Conservation Plan (HCP) and will furnish data collected under this Scope of Work to the County's HCP Coordinator in a format compatible with the HCP database. Upon conclusion of sea turtle data analyses for the 2016 nesting season, a draft interpretive report, including an assessment of project impacts, if any, will be submitted to the County. This assessment will be based on statistical and other comparisons of nesting and reproductive success data between treatment and control areas. EAI will meet with the County to review and identify any changes warranted in the interpretive report. After such changes are made by EAI, a final report will be prepared and submitted to the County. 5) Nest Marking and Monitoring (FDEP Specific Condition No. 29). A representative sample of nests within the Sector 3 Project Area, as well as the control, will be marked between May 1 and September 15, 2016 and monitored throughout their incubation periods to determine nest fate and reproductive success. The clutch of each marked nest will be located and surrounded by a series of small stakes connected by brightly colored surveyor's tape. 6) Nighttime Lighting Evaluations. EAI will conduct two nighttime lighting evaluations of beachfront properties within the Sector 3 Dune Repair Project Area to assess compliance with local ordinances as well as the County's Habitat Conservation Plan. One survey will be conducted in May 2016, with a follow-up survey between July 15 and August 1. During the surveys, non-compliant beachfront lighting will be identified, assigned a problem code, and recorded using highly -accurate GPS systems. A report will be generated in Excel format (which will include County -specific data fields), identifying each facility and all non- compliant lights as well as recommended modifications. Geo -referenced maps will also be created showing the locations of all non-compliant lights identified during the surveys. 7) Nearshore Hardbottom Monitoring (FDEP Specific Conditions No. 48 through 54). CSA will perform nearshore hardbottom monitoring within and surrounding the Sector 3 Dune Repair Project Area, which extended from R-20 through R-55, and a reference area to the south (R-63 to R-65) to fulfill requirements for 57 4 EXHIBIT A Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 "Nearshore Hardbottom Monitoring" identified in the FDEP approved Biological Monitoring Plan and FDEP JCP permit modification 0285993 -008 -JN, Specific Conditions 48 through 54. This task, which constitutes Year 1 post -construction monitoring of the Sector 3 Dune Repair Project Area, will consist of two elements: field surveys along previously established transects, and mapping of the nearshore hardbottom edge. Monitoring will include the survey of 22 previously established permanent cross -shore transects (R-21, R-22, R-24, R-25, R-26, R-28.5, R-30.5, R- 32, R-34, R-36, R-38, R-40, R-42, R-44, R-48, R-50, R-52, R-54, R-56, R-60.5, Ref. R-63, and Ref. R-65). Along each transect, video, still photographs, and repetitive in situ quadrat data will be collected. The monitoring also will include the mapping of the landward edge of hardbottom from R-24 to R-57 (Sector 3 Dune Repair Project, approximately 36,000 ft). Results will be compared to historical data (2007 to 2015) for Phases 1, 2, and 2B of the Sector 3 Beach and Dune Restoration Project (previously constructed from 2010-2012). 8) Preparation of an Annual Biological Monitoring Report (FDEP Specific Condition No. 54). Following the completion of field survey efforts, CSA will analyze transect and quadrat data in accordance with the FDEP Biological Monitoring Plan and prepare a summary report. The report will include appropriate graphics, tables, statistical analyses of the collected data, comparisons to previous years' survey data, and an assessment of project -related impacts to hardbottom communities. During 2016, FDEP has waived the requirement to collect, analyze and report biological data from quadrat surveys, however, at the recommendation of Indian River County, these data will be collected and reported as described in item #10, below. 9) Aerial Imagery Ground-truthing and Interpretation mapping (FDEP Specific Condition No. 53). CSA will coordinate with the County's selected contractor to schedule aerial imagery collection during a period of optimal site conditions to maximize data quality and allow concurrent in situ diver ground-truthing for habitat verification. CSA will perform ground-truthing using bounce dives and/or cross - shore video transects. Geo -referenced field positions will be included in copies of the ground-truthing photography and/or transect video record to be provided to the County and FDEP. The aerial images obtained from the contractor will be digitized by CSA (as needed) to produce GIS -based habitat maps (SSRI shape files) and facilitate further analysis. CSA will use its ground-truthing to interpret the aerials used to produce the GIS -based habitat maps. These maps will then be used by CSA to assess post - construction hardbottom impacts (physical burial) potentially attributable to the Dune Repair Project. 10) Post -Construction UMAM Analysis of Hardbottom Impacts. Based upon the assessment of hardbottom impacts and aerial imagery interpretation, CSA will conduct a Uniform Mitigation Assessment Methodology (UMAM) analysis, pursuant to Chapter 62-345, F.A.C. The UMAM analysis will include qualitative descriptions of impacted communities and associated ecological functions, and 5 58 EXHIBIT A Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 quantitative estimates of the extent of impacts. CSA will confer with FDEP staff during and upon completion of the UMAM analysis to access any actual hardbottom impacts or the absence of impacts potentially attributable to the Project. 11) Quadrat Biological Data Analysis and Reporting (Optional). During 2016, FDEP will not require the collection of biological data during quadrat surveys. However, CSA will collect these data (per discussions with Indian River County) and retain them in raw format. They will not be included in the data deliverables, analyses and reporting unless later deemed necessary by Indian River County. 12) Summary Spreadsheet of Sea Turtle Nesting Activity (FDEP Specific Condition No. 29). At the end of the 2016 nesting season, an Excel spreadsheet of all nesting activity and reproductive success will be prepared and submitted electronically to the County and FWC. 59 6 EXHIBIT B Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 DELIVERABLES Unless otherwise specified below, all reports will be delivered in a format (hard and/or electronic) and in such quantities as requested by the County. All reports will be submitted to the County in accordance with Exhibit C. Sea Turtle Monitoring Scarp Monitoring: Data will be reported electronically each week to FWC and the County. The County will also be notified by phone or electronically of any scarps that persists for two consecutive weekly surveys. Results of surveys conducted each month, including locations, heights, and lengths will tabulated for inclusion in the Monthly Reports. Monthlyports: Records of daily sea turtle monitoring activities, including names of monitoring personnel and times of monitoring will be maintained for the duration of monitoring. Within two weeks following the end of each calendar month, EAI will submit a summary report to the County that will include, a log of sea turtle monitoring activities, number of sea turtle nests and false crawls by species, number of sea turtle nests marked and evaluated, and results of scarp monitoring. Upon conclusion of data analyses for the 2016 nesting season, a draft interpretive report, including an assessment of project impacts, if any, will be submitted to the County. This assessment will be based on statistical and other comparisons of nesting and reproductive success between treatment and control areas. EAI will meet with the County to review and identify any changes warranted in the interpretive report. After such changes are made by EAI, a final draft of the report will be submitted to the County. Nesting Database: All sea turtle data collected during the project will be incorporated into an Access database maintained by EAI. This data will be provided to the County in an electronic format, as mutually agreed upon, for incorporation into the County's HCP database. Appropriate QA measures will be implemented to ensure that data are completely and accurately transferred from field data sheets to the electronic database. Li hting Evaluation Reports: Results of nighttime lighting evaluations will be summarized in an Excel spreadsheet and a geo-referenced map will be compiled and sub_ miffed to the County in electronic format. Summary Spreadsheet: Upon completion of all field monitoring activities, an Excel spreadsheet tabulating sea turtle monitoring results, as required by FDEP Specific Condition No. 29, will be prepared and submitted to the County and FWC. 60 EXHIBIT B Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 Hardbottom Monitoring Hardbottom Monitoring Report: Following completion of the field survey effort, CSA will analyze the transect and quadrat data per FDEP Biological Monitoring Plan requirements and prepare a draft summary report. The report will include appropriate graphics/tables, statistical analyses of the collected data, comparisons to previous years' survey data, and an assessment of project -related impacts to hardbottom communities. The report will be provided in hard copy and digital format. Data deliverables on portable hard drive will include frame -grabbed images from all transects, PointCount files and associated data, Excel spreadsheets of PointCount data, and Excel spreadsheets of in situ quadrat data. UMAM Analysis: A UMAM report will be provided to the County that will include qualitative descriptions of impacted communities and associated ecological functions, and quantitative estimates of the extent of impacts. The UMAM spreadsheets, in addition to supporting documentation, will be provided in hard copy and digital format to the County for review prior to submittal to FDEP Optional Analysis of Quadrat Biological Data: CSA will perform the data entry, analysis and reporting of the quadrat biological data collected during 2016 at the discretion of Indian River County. The report will include the appropriate tables, graphs, and statistical analyses to provide comparisons with previous reports. Excel spreadsheets, photographs and the report of in situ biological data will be provided in hard copy and in digital format. The draft Hardbottom Monitoring and UMAM reports will be provided to the County for distribution to a 3`d party for impartial review and comment. CSA and/or EAI will then coordinate with the County and 3`d party reviewer to identify and discuss any needed changes to the draft summary and UMAM reports. After such changes are made by CSA, EAI will forward the summary report to FDEP in partial fulfillment of permit conditions. 61 8 EXHIBIT C Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 PROJECT SCHEDULE Deliverables. The following work products will be provided to Indian River County in accordance with the schedules specified below: Deliverable Content Delivery Date Dates and times of monitoring, names of monitoring personnel, The last day of each month Monthly Sea Turtle numbers of sea turtle emergences by species, results of escarpment following delivery of services Data Summaries monitoring, and numbers of nests marked and evaluated for (e.g., March report due no later reproductive success. than April 30 Nighttime Lighting Excel spreadsheet detailing all non-compliant lights observed, Within 30 days of completion Evaluation Reports including all County -required data fields; geo-referenced map. of evaluation Data From Nearshore Frame -grabbed images from all transects, point count files and Within 60 days of completion Hardbottom associated data, Excel spreadsheets of point count data, and Excel of corresponding field activities Monitoring spreadsheets of in situ quadrat data. An analysis of transect, quadrat, and nearshore hardbottom edge data, including appropriate graphics/tables, interpretation of aerial imagery, Hardbottom Impact statistical analyses, and assessments of project -related impacts. A GIS- Within 90 days of completion Assessment based habitat map and Geo -referenced field positions (ESRI shape of all field activities files) will be included in copies of the ground truthing photography and/or transect video records. Statistical analyses of pre- and post -construction hardbottom exposure UMAM Analysis including net loss/gain of hard bottom, sand volume and distribution Within 90 days of completion changes, accompanied by UMAM spreadsheets and supporting of all field activities documentation. Optional Analysis of Quadrat Biological Data entry, analysis, and report summarizing quadrat biological data; Within 90 days of notification Data report will include tables, graphs, and statistical analyses providing by Count y comparisons with previous reports. 9 a N EXHIBIT C Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 Deliverable Content Delivery Date FDEP Sea Turtle All nesting survey data and reproductive success data summarized in Monitoring Data an Excel spreadsheet December 31, 2016 Spreadsheet 10 CN w EXHIBIT 2 EXHIBIT D Indian River County Sector 3 Marine Turtle & Biological Monitoring — 2016 ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 FEIN: 61-1747043 COST PROPOSAL — May 10, 2016 PROJECT NAME: Indian River Co. Sector 3 Sea Turtle Monitoring — 2016 (EAI Project No. 16-339) CLIENT: Mr. James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 271h Street Vero Beach, Florida 32960 Phone: (772) 226-1344 * Email: jgray@irc og v.com PROJECT DESCRIPTION: Daily sea turtle monitoring and related permit -compliance monitoring along approximately 8.3 miles of beach from R-24 south to R-68 in Indian River County, Florida, as described in EAI's Scope of Work dated May 10, 2016. PROJECT DURATION: May 1, 2016 — February 28, 2017. COSTS: All services will be provided at fixed cost (lump sum), as itemized below. TASK' DESCRIPTION CHARGE 3 Escarpment monitoring Ma — September 2016 $2,774.00 4a Post -construction sea turtle monitoring, including data entry analysis and reporting Ma — November 2016 $73,013.00 4b Sea turtle data management (QA/QC) $4,918.00 4c Sea turtle project management $2,074.00 5 Nest marking, monitoring, and reproductive success $10,483.00 6 Nighttime lighting evaluations $1,765.00 72 Nearshore hardbottom surveys $166,903:00 82 Nearshore hardbottom summary report $79,497.00 92 Aerial imagery interpretation, ground truthm , and habitat - - - - - -- g - - mapping $3-1,761:00. 102 UMAM analysis, including report $8,113.00 112 -O tional Quadrat -Biologic al-DataAnal sis-and--Re ortin - -$1-5;636:00- 12 FDEP permit -required sea turtle monitoring data spreadsheet $3,232.00 TOTAL COST 1 $400,169.00 ' Corresponds to numbers shown in Scope of Work, Exhibit A. 2 Sub -contracted service. 64 11 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC j Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: May 12, 2016 SUBJECT: 790 AIA, LLC's Request for Final Plat Approval for Sandy Lane PD [2014060029-76352 / PD -15-07-02] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 24, 2016. DESCRIPTION & CONDITIONS: The Sandy Lane PD is a 6.02 acre residential planned development project consisting of 9 lots at an overall density of 1.49 units per acre. The subject site is located on the south barrier island, east of Highway AIA, south of White Heron Lane (The Dunes Subdivision), and north of Corona Lane (Ten Coins on the Ocean Subdivision). The project site is zoned RS -3, Residential Single -Family (up to 3 units/acre) and has an L-1, Low -Density Residential -1 (up to 3 units/acre) land use designation. On September 24, 2015, the Planning & Zoning Commission granted preliminary PD plan/plat approval for the Sandy Lane PD project. The Sandy Lane PD is a residential PD project that was approved by the Board of County Commissioners at its regular meeting of October 20, 2015 as a special exception and conceptual PD plan. The applicant subsequently obtained a land development permit and commenced construction on the PD improvements. As of this time, the applicant has built 77.24% of the required PD improvements, and has "bonded -out" for the remaining 22.76% of the required improvements. The applicant has submitted the following: 1. A final plat in conformance with the approved preliminary PD plan/plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; and 3. A Contract for Construction of remaining required improvements and $183,372.01 in the form of an irrevocable letter of credit. The Board is now to consider granting final plat approval for the Sandy Lane PD. FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\SandyLaneFinalPD-15-07-02.docx 1 65 ANALYSIS: Most, but not all, of the required Sandy Lane PD improvements have been completed. As provided for under the LDRs applicable to this final PD plan/plat application, the applicant is proposing to "bond -out" for the remaining 22.76% of the required Sandy Lane PD improvements (e.g. utilities, drainage, landscaping, roadways). Public Works, Planning, and the City of Vero Beach Utilities Department have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining Sandy Lane PD improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The contract for construction and security arrangement, which represents 125% of the estimated cost to construct the remaining required improvements, have been executed by the County Administrator and will be effective upon final plat approval. An irrevocable letter of credit in the amount of $183,372.01 for the remaining improvements has been provided to the County. It should be noted that all improvements within Sandy Lane PD will .be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and maintained by the City of Vero Beach Utilities Department as the project site is located within the City of Vero Beach Utilities service area for water and sewer services. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Sandy Lane PD. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction of Required Improvements and Irrevocable Letter of Credit APPROVED AGENDA ITEM: FOR: Max -24.201 BY: Indian River County A r Date Administrator Legal . Budget `fit S S Risk Management Department /1''3 5-/1-7/4 66 P\Community Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\SandyLaneFinalPD-15-07-02.docx 2 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development: Note: For a PD rezoning please use the appropriate rezoning application. C~c11 PROJECT NAME: Sandy Lane F A 790 AIA R ssiidential PD _ Plan Number: PD- 15-07-02 Project #: PROPERTY OWNER (PLEASE PRINT) 790 AIA, LLC NAME 6020 5th St SW ADDRESS Vero Beach, FL 32968 CITY, STATE, ZIP 772-473-0396 PHONE NUMBER dolfkahle@gmail.com EMAIL ADDRESS George A. Kahle, III CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Schulke, Bittle & Stoddard, LLC NAME 1717 Indian River Blvd, Suite 201 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-770-9622 PHONE NUMBER jschulke@sbsengineers.com EMAIL ADDRESS Joseph W. Schulke, P.E. CONTACT PERSON SIGNATURE OF FACommunity APPLICANT (PLEASE PRINT) Same as Owner NAME ADDRESS CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS CONTACT PERSON AGENT (PLEASE PRIIT) Same as Project Engineer NAME ADDRESS CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS 1 ACT ERSON R OR AGENT Revised January 2011 Pzp I of 3 JITTAgwiff 1 67 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: 33401600000001000001.0 and 33401600000001000002.2 PROPERTY CLASSIFICATION(S): Land Use Designation L-1 Zoning District Acreage RS -3 6.02 TOTAL PROJECT ACREAGE: 6.02 EXISTING SITE USE(S): 1 single family residence PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): ,9$jpgle Family lots 1.5 units per acre ** PLEASE COMPLETE THE SUBM fTAL CHECKLIST ** The following items must be attached to the application: V. v/ If the applicant is other than the owner(s), a sworn statement of authorization from the owner; �i 66N e- -T" deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; Two copies of the owner's recorded warranty deed; A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres $ 2075.00 20-40 acres 2475.00 over 40 acres 2575.00 +100.00 for each additional 25 stress over 40 acres Preliminary PD Plan less than 20 acres $ 1150.00 20-40 acres 1250.00 over 40 acres 1300.00 +50.00 for each additional 25 acres over 40 acres Final PD Planster__ $ 1400.0.p0i For concurrent application fees combine the appropriate fees and subtract $400.00. FACommunity DevelopmentNUsers\CurDevlApp]icationMDAPP.doe Revised January 2011 Page 2 of 3 68 Ten sets of complete Conceptual, ceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. 2 Aerials for conceptual or preliminary PDs Itemized response to pre -application for conceptual or concurrent applications �r 2 sealed surveys p " �Q N o�� S J�r��t -- �� 3 sets of floor plans and elevation for commercial or multi -family buildings Written Statement and Photograph of Posted Sign For Final Plat's only fib CONSTRUCTION COMPLETE - BUILT OUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: C C (B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR �y CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) COPIES OF DOCUMENTS TO BE RECORDED WITH THE FINAL PLAT: a. /Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None bVProperty Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required (To be provided under separate cover) F1Community Davclopm=t%Usem%CurDeMppUcationMDAPP.doc Revised January 2011 Page 3 of 3 69 1W-3 S AlA tl Y.Yl N 'R AdAntic —L7TLEHA nOU.RLN . ...... 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N.K.Rww . u7 I �Pw -01 LOT e �, Lor NaAN,Rw �' �rR.xLONc NpAA.EMAONN Ls aSlval,E Ij� i la'AGClSa EAS[P[NI ws PA. taE KILATLD ar waNRr A`•nE_ • - N Ro,s'.o•R 1 bI \ sd RfGnr or wnv `�\ I� SOOIa'A07.a00' r7 aw AaNrYlr lana' 9 A��triilao J,M I �•i �_ �IM]PttY ee e> T7�_ F I Y A41avIYl2'!OO' Ll , " IgI IMNe -s uY s nraa',TN •N 10'K•nt .LIYTS Caan.NT 4 t N \ lull, ]I eYMIVI 114 W(.A) 4x ee Cf F S LOT 8 i w.waK r•snal.'r y N!' Ir •cros 8 rasnc. )�_o•P mTarr I \ •RVAQa er w.NTEr I iiu— ••KL_ \ ar OFUNPLATTED NOT PARTART OF THIS PLAT \ \ m a sO'as'JOY II \ \ YEN COINS OII TRACT C I �ONLMtaall R �msP'a wKwNKn W z _ _ a RPx'aoY ox.so'(oq NaAN,Rw �' �rR.xLONc NpAA.EMAONN Ls aSlval,E 8 Sus".57OV Lor g �O la'AGClSa EAS[P[NI ws PA. taE KILATLD ar waNRr A`•nE_ CORONA LANE Nmv 1 N Ro,s'.o•R F aAn__.. .aNAar sd RfGnr or wnv m a W N YEN COINS OII 7EN CONS CIN THE OCEAN WC OCEAN SUBOM, BCW Ls aSlval,E 8 Sus".57OV Lor g rg BOCK 9 PLPA Boor 9 PEAT BOO `f N Ro,s'.o•R N1n J N A 6 7 O 2 JS.O7 CORONA LANE \ LEN CONS ON nIE OCEAN \ tor PEAT rCW B n \ 90CY, 9 \ PACE .IB IgPEp BOOL' 9CE 38 \ FLOOD HAZARD WARNW: TNe IRIVErtlrwva Rern roa9oDaowaao A Ml YENNEE NiD OG L'/BR AND D1 dlwNG lNE ,\ AIRAI.L OW,;E R00p 1'W DQROOMIIACTIOCM eDEDID AND EONRD OTR,OMs AID OSTAN R(Ul ERf Prarwr d IaamND Rnao neaTlae No RESReCI,pq oN NEe9aNRGNr THENEN, wqa NKAIN NRRlleuaEmRe Raclin. \ 61 COASTAL CONSMUCRON \ CaVMO( UN. PEA T'90CW `\ /4 PALM 9,E PUBLIC RECOPY, Or MORIMERfl AN P C'p/NTY, EECR/DA, PREPARED ev: C—E.. slAANOtAm' pmetas AERUMN IAMD aURVB'((ORS LD As'JO'a wre +vlvu OATOM KGNN)♦'AD I L ! a IG`lsWE IW Ls aSlval,E Tt.N' L IT ) —W .E L ,, N e'.1'1 Z �>7' N Ro,s'.o•R N1n L Ia 9 salP'I.'N a0i OATOM KGNN)♦'AD I Sandy Lane PD CONTRACT FOR CONSTRUCTION__ OF REQUIRED IMPROVEMENTS NO. PD -15-07-02 (2014060029-76352) THIS CONTRACT, made and entered into this day of May, 2016 by and between 790 A1A, LLC, a Florida limited liability company, owner of the property being platted as Sandy Lane PD, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY; a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS; Developer requests the approval and recordation of a certain plat to be known as Sandy'Lane PD; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before May 24, 2017, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida. upon the final approval of the Board of County Commissioners and made a parthereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, Amaww 4 73 including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. -- -- -- .-- -- _ 3... -In order .to- .guarantee performance. -of. this -contract,- Developer_ shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and c. dr4-%%trn —7 r- C.'s+ C o�.,P�n,, , as the underwriting bank, in the amount of $183,372..01, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval .as to form and amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against .any and all claims, damages, losses, and expenses, including attorney's fees, for property damage., personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision -and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically .dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be- construed as creating an obligation upon the County to perform any act of construction or maintenance within such. dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian .River -County shall be 2 74 determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from -the project engineer of record. Once the required -improvements are. completed._.to --- the satisfaction_,of County., Developer -acknowledges - that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; andthat appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. in no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties .agree that the County at its option shall have the right, but not the obligation; to construct. and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby givespermission to County, County's contractors and subcontractors to go on its property, known as proposed Sandy Lane PD, for purposes of completing the required improvements., if any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, 3 75 laborer, materialman or other party providing labor, material-, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion; modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, .the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: sign: ca print name: #2 t 800q sign: . 4 ),V print n me: L,4kt. tdrA4 APPROVED A:S T 0 FQFR ANG �lJi ''+Clc$tOY, D51i'L'i (C3-U1Tr', A*rr0?NO.' 790 AIA, LLC, a Florida limited liability company By %-�-- George Kahle, III Manager DEVELOPER INDIAN RIVER COUNTY, FLORIDA in Joseph A. Baird County Administrator Authority: Resolution No. 2005-121 COUNTY projected BCC plat approval date: May 24, 2016 76 For. 5/32016 EXHIBIT A Schulke, Bittle & Stoddard, LLC Engineer's Site Construction Cost Estimate SANDY LANE PD fTEM-p ---------"-•- P _UA7T- -:QUANTITY_ -.mn PRICE - -- TOTAL-.._.. %COMPLETE --S COMPLETE'- oft -QTY: REMAINING "f REMAINING - EARTHWORK _ Mobilize M.O.T.O.T. t3on LS S t S 000.00 5000.00 �% 34 500.00 Clear Grub AC 1 6 S 2 3x0.00 E ' 2340.00 96.% 108.00 0.10 S 0.10 500.00 Ero53oit i Orltf0l/ St/✓PP LS t 5 S f 49 .98 Sox 344 999 88 0. S 234.00 5 000.00 Retention Area and Bann Earthwork CY B240 _8500.00 S 5.00 E e 500.00 130% 'S7 850. f I F I Y .1000 S 11.00 E .31200.00 11 000.00 90x 528080.00 624.00 3182p.� 8 StablflzeUon by 2955 E �% 59'� 100.00 f 1.100.00 8 ne Rock�% 2 800 .4.84 f E 14,302 20 512 871:88' 295.50 $ 1 430.22 As all Pato 1 112' SID SY 2 682 _ 11.71 Si S 11.88 3 788.00 90% 529 509,20 280.00 S 3.278.801 12' Stabilization SY 440 5 4.84 32 130.38 -p96 50.00 .2 2.00 $ 32 130.36 8` ns SY 440 S S 13.46 E 129.60 122,40 go% S1916,84 44.00 S 12.96 h Pavemem 7 SY 440 S 17.90 98% E5 330.18q 41.00 592.24 T D•uxb - . LF '720 E S 9.70 $ - 7878.00 009%6 O'OD 440.00 S 7 876.00 ... - and Paverhant M-- LS- t S 3 8 2 134.00 $0.00 220.00 11 2 134.00 Sod RO - - SF _ 24 850 $ 0.35 S 0. 5 $ 3861.00 8697.50 0% E0.00 1,00 $ 31 1.00 Te LS 1 S 4000.00 $ 4 000.00 Ox $0.00 24 850.00 S 8897.50 Protessiorm! lSury Stake -Out / As-Buftta LS 1 3 4 725.00 $ SOx f2 0$0.00 0.50 S 2000,00 $ .Set PCP'sJ PRM's LS 1 S 500.00 $ . 4725.00 75x - S3 543.75 0.255 1 181,25 _ In 'onslCertificaliions LS 1 .�t S 7500.00 1500.00 7500.00 75X S1 125.00 0.25 S 375.00 Slrbtotal 'S _ - 236606.01. 75x 67.55% 55625.00- $159,157.71' 025 E - = 1-875.00 LANDSCAPE/ IRRIGATION _ non - UNI QUANTfTY UNIT PRICE- TOTAL %COMPLETE $ COMPLETE $ 78 33 _12 LS 1 . f 36,641:00. S 38 841.00 QTY. REMAINING $ REMAINWG Sea' tonwood 8 o.& Mn. EA . 512 $ 154.21 :S 7B 855.52 S34442.54 0.06 S 2,198.46 Sod Floratilm 5000 - 0.35= 5 96% $75,871;32 20.00 S 3 08420 MUMSF brat tus -- EA 3 f .4. 1 750.00 0% $0.00 000.1X1 S 1 760.00 Palm Palm Sabal 15-o.L -c.L- EA 8 28 E �S 17 430.00 'S 76% $13,197.00 Oak Live dbh dbh Eq 1 - MAO: 72260 577.32 00 0.00. 5 b77 32 a DWari Sdtefierd T 3' O.S. EA 40 $ 30.75 2 880.40 0% - 50.00 4.00 S 2890.40 DwofSdwf wa 8'0.8. -EA ' . S $ 'S 1230.00 '1472.09 50.00 - 40.00 $ 1230.OD Com9e7 1=.4 .29 88 - 154.21 .S 0% .00 29.00 S A472M _ Annuals EA f 45.79 . S 3 862,14 0% $0.00 $6.00 3 682.14 Dwarf Sche Hera 24' oAL fA 54 a 888.64 0% $0.00 - 138. 1366.84 Saw Palmetto 3' o.a. EA 11.78 S A 635.04 0% $Q00 54 00 S 635.04" MOS Sabal Paint EA .19 176 394.51 S 7495-69 0% $0.0019.00 f 7 4&S.bg _ Tree a -MOS EA Ifs S 745.00 5 S 25 375.00 9D% $22 765.00 "18.00 E M e Trees 281335 S $ 4 913.66 375:15 100% $2 375.15 It M. 8 Brim Barters - LS .10 $ S 8 555 49 135.60 100% E48136.60' 0.00' S Butt 17-14' EA 10 f 37488_L 555.56 10D% - 0. f _ _ a 17-14'IOD% EA 10 E 359.34 E 3 748.60 748.80 0.00 Si son S ars 18" + FA 500 f 12.38 S 3,593.40 100% 3 593.10 0.00 C 18 + EA 250 1 6195.00 40% $2,47110D 300.00 E 3 717 OD M ne 18' + ES 2I .3 S 1239 $ 308750 IO% 51239. 150.011 i 658.50 Herbidde 2e ca8ons. LS 1 E 340.00 $ 478.00 83% 52 058: 4 34.00 $ 421.26 WldCaftee PA 178 f 12.39 S .340.00 tot»: 5310.00 0.00 S .. ...3867.30 Subtotal S 205.42 2B2 72&07 39%1. 108.00 S 1338.12' 83.Sex 5244,66821 • S 48 659-88 �' Street L Ms $veaW ld UNIT I LS_ QUANTITY I"UNM PRICE TOTAL I "% COMPLETE f COMPLETE .QTY, REMAINING f REMri@lING xq 1 S 16.834.28 15 18,634.26 1 509: 1 58-417.13 1., -0,501.1; 8,417.13 Subtotal S 16834.28 50.00% 58117.13 f _ 8 417:13 PaM din na elEarthwork Lartdsca a/1rA atlon - S .235,606.04'�O�Z 3159157.71'.S i 511661E hts - $ "$ 292.728.07 $24456621. -76.418.33 48059.86 Wate7f Servatm See Shfet 2 ort 10.834.28.58;417.13- f 8,417,S 385.B1S.10,S 13,:2416 S4g7,e54:15� S 149 .81. i1f1C.07E OF COST CyT61A1A7E _ � - W .)<v, SMu6to, P. Flodda reQiate. nn�neet, Lipnss No. 47048, do hereby certify to Indian River Courcy ,bdr4 ss&n-at Po e(Ma•M reaponsEM dineb/oyn `Mgr thoap i rove n s dami=ad In Nb I ipa a 4;1x1 wit a e. ,oic1 htgrowntsrttt _Thta rts.t.n bnan tvnparo 'r3 o` -approval try the 0&k ti*(86W Pfat fW M Sandy Lane, P.D. pr je., rL'Lepepos@p(, tiratjsinamtif/jj�►J%_dthemsflh. - 4{5eytatdre) t. Yl• P Fhrida Retyshretf Engineer License No. 47048 7.z• eAe CO _517.%/6 77 Roo fio Oiredor .r Ml For, EXHIBIT A Engine", 5 alta c Schulk., sittle & stwcf Onstruction,cost.E.,, ard' LLC LA r LF 1060 0 PD TOTAP -------- --- e �� +moo; pti�g � <�aY m 78 The Northern Thst Company 600 Brickell Avenue, Suite 2400 Kami, Florida 33131 (305) 372-1000 Northern Test IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC501193 DATE: MAY 16, 2016 BENEFICIARY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 180127TH STREET VERO BEACH, FL 32960 APPLICANT' 790 AlA, LLC 6020 5T" STREET, S.W. VERO BEACH, FL 32962 EXPIRATION DATE: AUGUST 24, 2017 (AT OUR COUNTERS LOCATED AT 660 BRICKELL AVENUE, SUITE 2400 MIAMI, FLORIDA 33131 ATTN: LETTERS OF CREDIT DEPARTMENT AMOUNT: USD183,372.01 LADIES AND GENTLEMEN: BY ORDER OF 790 AIA, LLC, WE, THE NORTHERN TRUST COMPHNY, MIAMI, FLORIDA, HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER '�,C501193 IN YOUR FAVOR (BENEFICIARY), IN THE AMOUNT OF ONE HUNDRED EIGHTY THREE THOUSAND THREE HUNDRED SEVENTY TWO AND 01/100 U.S. DOLLARS (USD183,372.01), EFFECTIVE AS OF . AY 16, 2016, AND EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON AUGUST 24, 2017. THIS LETTER OF CREDIT IS PROVIDED TO YOU AS REQUIRED UNDER THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS BETWEEN 790 AlA, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND INDIAN RIVER COUNTY, RELATING TO SANDY LANE PD WHICH CONTRACT IS NUMBERED PD -15-07-02-(2014060029-76352). WE, THE NORTHERN TRUST COMPANY, MIAMI, FLORIDA, SHALL MAKE FUNDS AVAILABLE UNDER THIS CREDIT TO YOU NOT EXCEEDING THE AGGREGATE AMOUNT OF THIS LETTER OF CREDITAGAINST YOUR SIGHT DRAFT, DULY ENDORSED, DRAWN ON US MENTIONING THIS LETTER OF CREDIT NO. SLC501193, ACCOMPANIED BY A LETTER FROM THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY ATTORNEY OR HIS DESIGNEE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING THAT' Page 1 of 2 Tho Northern Trust Company Member FDIC. Equal Housing Lender ii 79 The Not-OwinTrubt Company 600 Brickell Avenue, Suite 2400 Miami, Florida 33131 13011 112-1 000 Northern Trust STANDBY LETTER OF CREDIT SLC501193 " 790 AIA, LLC HAS DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS" DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT SHALL BE MARKED: "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. SLC501193 OF THE NORTHERN TRUST COMPANY, MIAMI, FLORIDA. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. WE, THE NORTHERN TRUST COMPANY, MIAMI, FLORIDA, HEREBY AGREE THAT YOUR SIGHT DRAFT AND ACCOMPANYING LETTER AS MENTIONED ABOVE SHALL BE DULY HONORED AND PAYMENT MADE UPON DUE PRESENTATION TO OUR OFFICE LOCATED AT 600 BRICKELL AVENUE, SUITE 2400, MIAMI, FLORIDA 33131, ATTN: LETTERS OF CREDIT DEPARTMENT, IF PRESENTED ON OR BEFORE THE EXPIRATION DATE OF THIS LETTER OF CREDIT, AUGUST 24, 2017. THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (REVISION 2007), ESTABLISHED BY THE INTERNATIONAL. CHAMBER OF COMMERCE (ICC PUBLICATION 600), AS IN EFFECT ON THE DATE OF ISSUANCE OF THIS CREDIT. SINCERELY, THEPOVHERN TRUST COMPANY LUIS : MORAV, VICE-PRESIDENT TEL. MOS) 780-1130 Page 2 of 2 The Northam Trust Company. Member 1`131C, Equal Housing Leader Q 80 211 F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Dori Roy, Assistant to County Administrator C/ - FROM: Will Rice, Manager, GIS Department DATE: May 13, 2016 SUBJECT: Renewal of Pictometry Connect Software Agreement DESCRIPTION AND CONDITIONS Indian River County has contracted with Pictometry International Corporation on previous occasions to acquire high resolution oblique and vertical aerial imagery of the populated eastern half of Indian River County. The oblique aerial imagery requires specialized software for viewing and working with the aerial imagery. To improve and extend access to the imagery to a greater number of County staff, the July 2013 contract included a three year use of Pictometry Connect. Pictometry Connect is a software subscription service offered by Pictometry that provides access to Pictometry hosted libraries of aerial imagery thru the use of Pictometry web applications. The three year license term of Pictometry Connect expires on July 8, 2016. Staff is requesting that the Board of County Commissioners authorize entering into a new agreement with Pictometry for Pictometry Connect for the time period from 7/9/2016 thru 11/19/2016. FUNDING The total cost of the software agreement is $550.00 for the time period from July 9, 2016 thru November 19, 2016. Funds for the agreement are available in the Fiscal Year 2015-2016 GIS Department budget, Account# 505-103-519-035120. RECOMMENDATION Staff requests that the Board of County Commissioners authorize the execution of the attached agreement with Pictometry in the amount of $550.00 and requests that the Board authorize the Chairman to sign the attached agreement. Page] of 2 81 ATTACHMENTS: 1. Agreement between Pictometry International Corp. and Indian River County for Pictometry Connect APPROVED AGENDA ftW FOR: May&/2016 Indian River Co Appr ed Date Administrator / Legal Budget rPGIS L urchasing c� ; Risk ' Management /6 Page 2 of 2 82 AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP. ("Pictometry") AND INDIAN RIVER COUNTY, FL ("Customer") 1. This order form (`Order Form"), in combination with the contract components listed below - Section A Product Descriptions, Prices and Payment Terms Section B. License Terms. • Online Services General Terms and Conditions • Software License Agreement Section C. Non -Standard Terms and Conditions (all of which, collectively, constitute this "Agreement") set forth the entire understanding between Pictometry and Customer with respect to the subject matter hereof and supersedes all prior representations, agreements and arrangements, whether oral or written, relating to the subject matter hereof. Any modifications to this Agreement must be made in writing and be signed by duly authorized officers of each party Any purchase order or similar document issued by Customer in connection with this Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such purchase order shall be of no force or effect as between the parties. 2. In the event of any conflict among any contract components comprising this Agreement, order of precedence for resolving such conflict shall be, from highest (i.e., supersedes all others) to lowest (i.e., subordinate to all others). Non -Standard Terms and Conditions, Product Descriptions, Prices and Payment Terms; License Terms in order as listed above under the heading 'Section B: License Terms'; and Order Form. 3 All notices under this Agreement shall be in writing and shall be sent to the following respective addresses. 1800 27th Street -2 "TO tiE-TRY IVUTICE;ADDRESS .. 25 Methodist Hill Drive Vero Beach, Florida 32960 Rochester, NY 14623 Attn. Will Rice, GIS Manager Attn. Contract Administration Phone: (772) 226-1609 Fax: Phone: 585) 486-0093 Fax: (585) 486-0098 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then -current notice address. Notices shall be given by any of the following methods. personal delivery; reputable express courier providing written receipt; or postage -paid certified or registered United States mail, return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. 4. This Agreement, including all licenses granted pursuant to it, shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns, but shall not be assignable by either party except that (i) Pictometry shall have the right to assign its right to receive Fees under this Agreement, provided no such assignment shall affect Pictometry's obligations hereunder, and (ii) Pictometry shall have the right to assign all its rights under this Agreement to any person or entity, provided the assignee has assumed all of Pictometry's obligations under this Agreement. 5. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING UNDER THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 6. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement, the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry pursuant to this Agreement. 7 The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind 8 In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. 9 Pictometry shall not be responsible for any failure on its part to perform due to unforeseen circumstances or to causes beyond Pictometry's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, Page I of9 Indian River County, FL—C186007 20160415 CMT -0004 7-20 1 5092 8 fire; weather, floods, accidents, strikes, failure to obtain export licenses or shortages or delays of transportation; facilities, fuel, energy, supplies, labor or materials. In the event of any such delay, Pictometry may defer performance for a period of time reasonably related to the time and nature of the cause of the delay 10 In consideration of, and subject to, payment by Customer of the Fees specified in Section A of this Agreement. Pictometry agrees to provide Customer with access to and use of the products specified in Section A of this Agreement, subject to the terms and conditions set forth in this Agreement. Customer hereby agrees to pay the Fees specified in Section A of this Agreement to accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement. This Agreement shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by Pictometry of such fully executed document, such date of receipt by Pictometry being the "Effective Date " PARTIES: °CUSTOM_ ER' �'''.::r :.:F ; - _ r:. .:p,,,��:• -•_;. u, q =a tai r.PICTU111E�TR, ta4,.� ; :r: %t )('a:Yri» •'. "' '4 _y' i Y":4•:_..:.,aa•tL•�:-.Ya^. INDIAN RIVER COUNTY, FL .._7Y..-.., 3i'4ci.,,: PICTONIETRY INTERNATIONAL CORP. (entity type) a Delaware corporation SIGNATURE: SIGNATURE: NAME: NAME: TITLE: ITITLE: DATE: EXECUTION DATE: DATE OF RECEIPT EFFECTIVE DATE APPROVED AS TO FORM AND LEGAL SUFFI ICY BY LAN REINGOLD COUNTY ATTORNEY Page 2 of 9 Indian River County. FL — C 186007 20160415 CMT -00047-20150928 SECTION A Pictometry International Corp. 25 Methodist Hill Drive Rochester; NY 14623 Indian River County. FL Will Rice GIS Manager 1800 27th Street Vero Beach. Florida 32960 (772)226-1609 Nvrice cr irc ov.com PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS Indian River Counh', FL Will Rice GIS Mana er 1800 27th Street Vero Beach, Florida 32960 (772)226-1609 wrice(a ircgov.com Cl A116541 1CDeca tea.•-+c-er.�n.::n.aR. - Q7Y PRQDUCT'NAIvIE -.r :_.a. x ,•. PROQW,T DESCRIPTIONe :. ;,r:'= . LIST -PRI } Ft t `, >, `•i i4 -,=:y, rt R. �•,v�: ,. _ - r CE's -� DISCOUNT. A1vi0UNT "A.'4ii�L-c.i' ri'< k,':. },'iy.�.a.ra,v_�a-4.tc,o .._-..i�n".v.. ,. .......'.: �.;rc =�.:= - :_ :_.=:__:>: =:.'..::.Zi..°5 r.:s$R�1_ CEf -!u l_; ���.;i.��°i+'°::'-rets•:: 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides $2,200 00 155000 $550.00 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries (75%) specified elsewhere in this Agreement via a web -based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. License Term: See non-standard terms and conditions Thank you for choosing Pictometry as your service provider. S.TOT�A'L` $550.00 'Amount per product = ((I -Discount %)' Qty' List Price) FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement ("Fees') are expressed in United States dollars and do not include any duties. taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days follov6ng the invoice due date, such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition; Customer shall pay Pictometry all costs Pictometn• incurs in collecting past due amounts amount due under this Agreement including, but not limited to, attorneys' fees and court costs. Due at Activation of Online Services $55000 Total Payments $550.00 PRODUCT PARAMETERS CONNECT Product: Pictometry Connect - CA - 50 Admin User Will Rice Admin User Email. %%Tice@ircgov coni Requested.4ctivation. July 9, 2016 Geojence' FL Brevard Geofence: FL Okeechobee Geojence FL Osceola Geojence: FL St. Lucie Geojence FL Indian River (Primary) Page 3 of9 Indian River County, FL - C186007 20160415 CMT -00047-20150928 L& SECTION B LICENSE TERMS PICTOA9ETRY ONLINE SERVICES GENERAL TERNIS AND CONDITIONS These Pictometry Online Services General Terms and Conditions (the "General Terms and Conditions"), in combination with the corresponding Pictometry order form, if any, collectively constitute the license agreement (the "License Agreement") that governs your use of the Pictometry online services (the "Online Services"). the images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the "Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in uppercase or lowercase shall mean the individual, entith (e.g., corporation, limited liability company partnership, sole proprietor, etc.) or government agency entering into the License Agreement. 1. GRANT OF RIGHTS, RESTRICTIONS ON USE; OWNERSHIP 11 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subject to the restrictions set forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof may not be sold, leased, loaned, distributed, or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1 4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly L5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry 1 6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content. 1 7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1 8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry 1 9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment: or (c) a government license or benefit. The term "consumer" is defined in the United States Fair Credit Reponing Act at 15 USC §1681 1 10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human -initiated individual search and retrieval activities. I If All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all media belong to Pictometry or its third pan), suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services, the Licensed Content. or any copies thereof, except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an "Eligible User and collectively, the "Eligible Users") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password ("Pictometry Credential") for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with, or used by, an), other person, including other Eligible Users. You will promptly deactivate an Eligible User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or misused. 2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3 1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3 4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained to support such applications and Pictometry and its third part) suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 36 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy timeliness and adequacy for your intended purpose. 3 7 Pictometry and each third partv supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3 8 Pictometry and each third party supplier of any portion of the Online Services or the licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. Page 4 of 9 Indian River County, FL — C 186007 20160415 CMT -00047-20150928 3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have against Pictometry each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the Online Services or the Licensed Content, 4. LIMITED WARRANTY 4 1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4 1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5 1 No Covered Pam (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) an), errors in or omissions from the Online Services or the Licensed Content. (b) the unavailability or interruption of the Online Services or an), features thereof or the Licensed Content, (c) your or an Eligible User's use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether you received assistance in the use of the Online Service from a Covered Part), (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third partv supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of an)' third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY 5 4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5 (a) if there is a breach of the warrant• in Section 4 I above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of an), kind or description based on a third part's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all use of the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement was not caused by you modiR,ing or combining the Online Services or the Licensed Content with or into other products, applications, images or data not approved by Pictometry; (iii) you give Pictometry prompt notice ofsuch claim, and (iv) you give Pictometn• the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either (i) procure for you the right to continue using the Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that the), become non-infrineing; or (iii) terminate the License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 61 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terns and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6 I, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthenttore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution ofelectronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this License Agreement by you, an), Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometn_ may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in an) other manner Legal notices to Pictometry should be sent to Pictometry, Aun. General Counsel, 25 Methodist Hill. Drive, Rochester, New York 14623 64 The failure of you, Pictometry, or any third parity supplier of the Online Services or an), Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License Agreement without Piciometrv's consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License Page 5 of 9 Indian River County, FL — C 186007 20160415 CMT -00047-20150928 Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 66 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of Ne+v York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New- York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, NewYork or the U.S. District Court for the Westem District of New York, as applicable. 6 7 This License Agreement will be enforced to the fullest extent permitted by applicable law Ifany provision of this License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will he interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License Agreement. 6.8 Where applicable, each affiliated company of Pictometn- and each third part}, supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directIv on its own behalf as a third party benefician 6.9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including coup costs and reasonable attomeys' fees. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter SEND OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS Page 6 of 9 Indian River County, FL — C186007 20160415 CMT -00047-20150928 SECTION B LICENSE TERMS PICTOAIETRY SOFTIVARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOMVARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DONN-NLOAD, INSTALL OR USE THE SOFTWARE. 1 GENERAL. The software ("Pictometry Software") and any written materials that accompany the software ("Documentation") in any media or form are licensed, not sold, to you by Pictometn International Corp. ("Pictometn'') for use only under the temms of this License. Pictometry reserves all rights not expressly granted to you in this License. 2. LICENSE. Subject to the terms and conditions of this License, you are granted a limited, non -transferable, terminable, non-sublicenseable, non-exclusive license to install and use the Pictometry Sofatare and the Documentation (collectively, the "Proprietary Materials") solely for internal use. Use of the functionality provided by the PictometrySoftware other than for your internal use is prohibited, except with the prior written approval of Pictometry You may make one copy of the Pictometry Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary notices contained in the original. You will not and will not enable others to decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of, or tamper with or disable any security, or monitoring features within the Pictometry SoRware. Any attempt to do so is a violation of the rights of Pictometry and its licensors. 3 TITLE. The Proprietary Materials are confidential information of, trade secrets of, and are proprietary to Pictometry Title to the Proprietary Materials is and will remain in Pictometry and its licensors. All.applicable rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors. You will not assert any right, title or interest in the Proprietary Materials provided to you under this License, except for the express license granted to _you hereunder You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder You will keep the Proprietary Materials free of all claims, liens and encumbrances. 4. DISCLAIMERS OF WARRANTY USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED 5 LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUS W ESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CAUSED BY, ARISING OUT OF OR M ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50 00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to compiv with any term of this License. Upon the termination of this License, you will cease all use of the Pictometry Software and destroy all copies, full or partial, of the Proprietary Materials. MISCELLANEOUS PROVISIONS. A. Restricted Rights Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with "Restricted Rights" as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227- 14, Rights in Data -General, including Alternate Ill, as applicable. Pictometry must be notified in advance of any license grants to United States federal governmental entities. The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage, personal injury, or death. If you use the Pictometry Software in such applications, then you will be responsible for taking all appropriate fail-safe, backup, redundancy, and other measures to ensure the safe use of the Pictometry Software in such applications, including but not limited to, in any nuclear, aviation, mass transit, public safety or medical applications. B Foreign Trade Restrictions The parties acknowledge that certain information, software technology, accompanying documentation and technical information may be subject to United States export control laws. You will not directly or indirectly export or re -expos the Pictometry, Software in violation of the Export Administration Regulations of the U.S. Department of Commerce. C Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflict of laws principles. D Assignment You may not assign this License without Pictometr•'s prior written consent. Any assignment in violation of this License will be null, void and of no force and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change -in -control will be deemed an assignment. E. Partial Invalidity; Survival. If any provision of this License is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law• as it will then appear The total invalidity or Page 7 of 9 Indian River County, Fl. — C186007 20160415 CMT -00047-20150928 unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted. The provisions of this License that by their nature would survive its termination gill survive indefinitely F Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence. Neither part- will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other pan, to perforin its obligations as set forth in this License Waiver No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right No course of dealing between the parties will be deemed effective to modify amend or discharge any part of this License or the rights or obligations of any pan hereunder H. Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter No amendment to or modification of this License will be binding unless in writing and signed by Pictometry There are no representations, warranties, or obligations of any part) not expressly contained herein. The headings in this License are for convenience only They do not constitute a portion of this License and will not be used in any construction of it. SEND OF SOFTWARE LICENSE AGREEMENT Page 8 of 9 Indian River County, FL — C186007 20160415 CMT -00047-20150928 SECTION C NON-STANDARD TERMS AND CONDITIONS I Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated to this Agreement to the contrary, the terms 'Eligible User' and 'Eligible Users' as defined in those Online Services General Terms and Conditions shall. for the purposes of this .Agreement, also include each 'Authorized User' as that term is defined in the Delivered Content Terms and Conditions of Use incorporated in this Agreement. 2. Applicable Law Notnvithstartding anything to the contrary set forth elsewhere in this Agreement, this Agreement and any modifications, amendments or alterations shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Florida. excluding its conflicts of lav principles. 3 Venue: Venue for all actions arising under this Agreement shall lie in Indian River County, Florida. 4 The License Terni for the Pictometry Connect -CA 50 service shall commence on July 9, 2016 and expire on November 19, 2016 As this License Term is less than Pictometry's standard one year term, Customer is receiving a prorated price for the foregoing named service. ]END OF NON-STANDARD TERMS AND CONDITIONS] Page 9 of 9 Indian River County. Fl_ — C 186007 20160415 CMT -00047-20150928 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: May 16, 2016 CONSENT Subject: Amendment to Termination of Lease Agreement with Indian River Sports Complex 16' Street Ballfields DESCRIPTION AND CONDPTIONS: At the meeting of February 16, 2016, the Indian River County Board of County Commissioners ("the Board") approved a Termination of Lease Agreement with the Indian River Sports Complex, Inc. At the meeting of May 10, 2016, the Board declared the subject property surplus and directed Staff to extend the lease termination date to the date of sale. Attached is the Amendment to Termination of Lease Agreement, which terminates the Lease on the date of sale or November 30, 2016, whichever occurs first. During the wind down period, the County will continue mowing operations at the Complex. The Tenant will continue all other programming and maintenance operations at the Complex until termination. FUNDING: On July 25, 2013, the Patios Division of General Services, in consultation with the Office of Management and Budget, estimated the annual costs to maintain the complex including Vero Beach electric, chemicals, and equipment to total approximately $25,000 annually. This cost estimate excludes the cost of labor since no positions were eliminated as a direct result of the Lease. The approximately 1.5 full time employees were reassigned to contribute to the service impact caused by the earlier personnel reduction during the economic downturn. The additional prorated cost to continue mowing operations from June through November, 2016, is estimated at $6,000, which will be primarily absorbed into the 2015/16 fiscal year Parks Division's operating budget in the General Fund. RECOM3MNDATION: Staff respectfully requests that the Board approve and authorize the Chairman to sign the Amendment to Termination of Lease Agreement. ATTACHMENT: Amendment to Termination of Lease Agreement Indian River Sports Complex, Inc. Approved Agenda Item BY: A. Baird Administrator FOR: May 24, 2016 Indian River County Approved Date Administration 5 g County Attomey Budget Department s Risk Management If I F-Ussistant County AdministratoAAGENDA rMMS\2016\BCC 05 MAY 2016\BCC Memo - Amendment to Termination Agreement with Indian River Sports 92 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: May 16, 2016 CONSENT Subject: Amendment to Termination of Lease Agreement with Indian River Sports Complex 16' Street Ballfields DESCRIPTION AND CONDPTIONS: At the meeting of February 16, 2016, the Indian River County Board of County Commissioners ("the Board") approved a Termination of Lease Agreement with the Indian River Sports Complex, Inc. At the meeting of May 10, 2016, the Board declared the subject property surplus and directed Staff to extend the lease termination date to the date of sale. Attached is the Amendment to Termination of Lease Agreement, which terminates the Lease on the date of sale or November 30, 2016, whichever occurs first. During the wind down period, the County will continue mowing operations at the Complex. The Tenant will continue all other programming and maintenance operations at the Complex until termination. FUNDING: On July 25, 2013, the Patios Division of General Services, in consultation with the Office of Management and Budget, estimated the annual costs to maintain the complex including Vero Beach electric, chemicals, and equipment to total approximately $25,000 annually. This cost estimate excludes the cost of labor since no positions were eliminated as a direct result of the Lease. The approximately 1.5 full time employees were reassigned to contribute to the service impact caused by the earlier personnel reduction during the economic downturn. The additional prorated cost to continue mowing operations from June through November, 2016, is estimated at $6,000, which will be primarily absorbed into the 2015/16 fiscal year Parks Division's operating budget in the General Fund. RECOM3MNDATION: Staff respectfully requests that the Board approve and authorize the Chairman to sign the Amendment to Termination of Lease Agreement. ATTACHMENT: Amendment to Termination of Lease Agreement Indian River Sports Complex, Inc. Approved Agenda Item BY: A. Baird Administrator FOR: May 24, 2016 Indian River County Approved Date Administration 5 g County Attomey Budget Department s Risk Management If I F-Ussistant County AdministratoAAGENDA rMMS\2016\BCC 05 MAY 2016\BCC Memo - Amendment to Termination Agreement with Indian River Sports 92 AMENDMENT TO TERMINATION OF LEASE AGREEMENT THIS AMENDMENT TO TERMINATION OF LEASE AGREEMENT ("Termination Amendment") is entered into as of the 24th day of May, 2016, by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 1801 27'h Street, Vero Beach, Florida, (the "Lessor"), and Indian River Sports Complex, Inc., a Florida non-profit corporation, (the "Lessee"): RECITALS WHEREAS, on August 20, 2013, Lessor executed a Lease Agreement for a ten-year lease with Lessee for 11.76 acres of land commonly known as the 16`h Street Ball Fields, located at the intersection of 16`h Street and 17`h Avenue in the City of Vero Beach, Florida; and WHEREAS, on December 10, 2013, the Lessor and Lessee entered into the First Amendment and Modification of Lease Agreement in order to include an additional 0.52 acre parcel (collectively is referred to as the "Property"); and WHEREAS, under the Lease Agreement and the First Amendment and Modification of Lease Agreement (collectively referred to as the "Agreement"), Lessee was responsible to perform various improvements to the Property and maintain the Property; and WHEREAS, as the Lessee is unable to fulfil its obligations under the Agreement, the Lessee and Lessor executed a Termination of Lease Agreement, dated February 16, 2016 (the "Termination"); and WHEREAS, per the Termination, the Agreement was set to expire on June 1, 2016; and WHEREAS, Lessor has decided to sell the Property; and WHEREAS, Lessee acknowledges that the Property will likely be sold in the near future, and WHEREAS, the Lessee wishes to operate a youth baseball league on the Property while Lessor is moving forward with the sale of the Property; and WHEREAS, Lessor and Lessee have agreed that the it would be advantageous to amend the Termination to allow the Lessee to operate a youth baseball league until the Lessor approves the sale of the Property; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. Page 1 of 2 93 2. Amendment to Termination of Lease Agreement. The Agreement for the use of the Property shall terminate upon Lessor approval of the sale of the Property or November 30, 2016, whichever occurs first. 3. Maintenance. Lessor shall continue to mow the grass on the ball fields on the Property two times per week and mow the grass on the common areas on the Property one time per week until the Agreement is terminated. 4. All other provisions of the Termination and Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this _ day of May, 2016. INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller Indian River Sports Complex, Inc. By: Derek Muller Its President APPROVED AS TO FO jT)yan Reingold, Esq. County Attorney Page 2 of 2 94 To From: Date: Subject: Description Indian River County Interoffice Memorandum Office of Management & Budget Members of the Board of County Commissioners Michael Smykowski�� Director, Office of Management & Budget May 17, 2016 Justice Assistance Grant Miscellaneous Budget Amendment 018 CONSENT The Indian River County Sheriffs Office is requesting authorization to utilize Justice Assistance Grant (JAG) monies in the amount of $9,300.00 for the first & second quarter claim #1 ($4,650.00) & 2 ($4,650.00). The JAG Budget Approval detailing the expenditures has been approved by the Office of Criminal Justice Grants, Florida Department of Law Enforcement (FDLE) on April 12, 2016 and April 19, 2016. These funds will be utilized for building lease payments of $1,550.00 a month from October 1, 2015 to March 31, 2016. Staff Recommendation Staff recommends that the Board of Commissioners approve the utilization of JAG grant funds totaling $9,300.00 and also approve Budget Amendment 018 and Budget Resolution necessary to allocate these funds. Attachments Memo's from Annette M Russell, Grant Manager IRC Sheriff's Office dated May 10, 2016 Criminal Justice Grants Approval Budget Amendment 018 and Resolution APPROVED AGENDA I BY: I (/� Jose h A. Baird County Mministrator FOR: May 24, 2016 Indian River County A r ve Date Administrator SS Legal Budget Department Risk Management 95 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the -vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM PLEGA - SUFFIC IE WCYi BY COUNTY ATTORNEY 96 Exhibit "A" Resolution No 2016 - Budget Office Approval: �`J�� 9 Bud et Amendment: 018 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Drug Abuse Intergovt JAG/Drug Enforcement 121033-331241 $9,300 $0 Expenses Drug Abuse Sheriff SI UNIT 12160021-088930 $9,300 $0 97 INDIAN RIVER COUNTY, FLORIDA K90- �1_ MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI P; ommumty Development Director THROUGH: SasanRohani, AICP S'd., Chief, Long -Range Planning FROM: Bill Schutt, AICP 1�.S, Senior Economic Development Planner, Long Range Planning DATE: May 6, 2016 SUBJECT: County Initiated Request to Amend (Update) the Text of Several Elements of the County's Comprehensive Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of May 24, 2016. DESCRIPTION AND CONDITIONS This is a county initiated request to amend the text of several elements and a sub -element of the county's comprehensive plan. The purpose of this amendment is to update policies and text to recognize changed conditions. While most of the updates were requested by various county departments/divisions, one update is proposed based on direction received from the Metropolitan Planning Organization (MPO). That update is for a new Transportation Policy 4.10 regarding implementation of complete streets principles (e.g. pedestrian, bike, multi -modal access improvements) with future roadway projects. The elements and sub -element proposed to be revised are: the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub -Element of the county's comprehensive plan. Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's 125 Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the `'window" months of January, April. July and October. In this case, the subject application was submitted during the January 2016 window, and was the only application submitted during that window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to review the request. At that public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. PZC Action At its regular meeting of April 14, 2016, the Planning & Zoning Commission voted 5-0 to recommend that the Board of County Commissioners approve the proposed amendment (see attachment #2). Board Transmittal Public Hearing The subject public hearing is the second step in the Comprehensive Plan amendment process. At this time, the Board of County Commissioners must decide whether or not to transmit the proposed amendment to state and regional review agencies. If the Board votes to transmit this amendment, it will be scheduled for a final Board hearing in August. Proposed Amendment The proposed amendment primarily consists of minor amendments to the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub -Element of the county's comprehensive plan. The amendments involve changing target dates for policy completion, deleting completed policies, removing/revising out-of-date references, and adding new policies and text based on recent actions by the State and local policy directing entities. 2 126 For each proposed change, the following table identifies the policy #, objective #, whether the change is to the non -policy text portion of the plan, the associated page proposed for amendment, and a brief description of the proposed change. Proposed changes to referenced elements and sub -elements are shown with str-ike thr-u and underline format on Appendix A of the resolution (attachment #3). Summary of the January 2016 Proposed Comprehensive Plan Changes (Actual changes are shown on attachment #3) 3 127 tY m,s y - ;A. _0 y FLUE Policy 1.34 Use of PRO district to address blighted or 143 Remove the word "blight" and declining residential areas replace with "areas needing redevelopment or revitalization" FLUE Policy 1.39 Limit use of +/-665 acre property north of SR 148 Decrease acreage to 301.95 acres 60 & West of 1-95 to research/tech/industrial (result of annexations) uses FLUE Policy 4.2 Identify and map target areas for 155 Change the due date from 2011 redevelopment and infill to 2018 FLUE Policy 4.3 Assess development potential of areas 155 Change the due date from 2012 identified in 4.2; develop special overlay if to 2019 necessary FLUE Policy 4.4 Coordinate with property owners to 155 Change the due date from 2013 implement plan from 4.2 to 2020 FLUE Policy 6.1 IRC will not provide water & sewer service 160- Refer to policies of the Potable outside of the Urban Service Area except in 161 Water and Sanitary Sewer limited circumstances Elements as amended FLUE Policy 9.1 Establish compatibility guidelines for new 165 Change the due date from 2012 county buildings and facilities to 2019 FLUE Objective 11 Identification of blighted areas for re- 168 Remove the word "Blighted" and development and actions to encourage add the words "Needing redevelopment Redevelopment or Revitalization". Add the words "or revitalization". FLUE Policy 11.1 Adopt guidelines and regulations to 168 Change the due date from 2012 designate areas in need of redevelopment to 2019. Add the identification words "or revitalization" FLUE Policy 11.2 Identify needs and deficiencies of 168 Add the identification words "or redevelopment/revitalization areas within one revitalization" year of identification FLUE Policy 11.3 Use the PRO zoning district for 168 Add the identification words -or redevelopment/revitalization revitalization". Remove "blighted or declining"' FLUE Policy 11.4 Encourage development/redevelopment of 168 Add the identification word underdeveloped subdivisions "revitalization" FLUE Policy 13.3 Coordinate with municipalities/develop 169 Change the due date from 2011 interlocal agreements re: annexations to 2018 3 127 e ly.0 ye. FLUE Text Multiple references to "Vero Beach 37, Replace "Municipal" with Municipal Airport" 62, "Regional" to recognize recent 67 change FLUE Text Various references and use of the word 124- Change references from "blighted" 127 "blighted" to "areas needing redevelopment or revitalization" FLUE Text Subsection discussing the County/City of 126 Update discussion on Enterprise Vero Beach Enterprise Zone and economic Zone to acknowledge sunsetting incentives available in that zone by state (with removal of state economic incentives) and recent action of BCC to continue recognizing that area for local obs t incentive bonus. Solid Waste Policy 4.1 Expand county recycling program to accept 29 Update to include food waste as more materials an option for recycling Solid Waste Policy 4.2 Study mandatory door-to-door collection 29 Study completed. Change to "Reconsider mandatory collection in Urban Service Area". Change the due date from 2012 to 2022. Solid Waste Policy 4.6 Feasibility study of converting solid waste 29 Change the due date from 2012 to other useful products to 2020. Policy currently implies that the County may need to hire a consultant for this. Rewrite I policy to remove this implication. Solid Waste Policy 4.7 Feasibility study of transferring solid waste 29 Change the due date from 2012 to a regional facility to 2020. Policy currently implies that the County may need to hire a consultant for this. Rewrite policy to remove this implication. Transportation Policy 4.3 Evaluate thoroughfare plan roadways to 130 Change 2012 assessment due identify hazard's to bicyclists date to "Periodically" assess Transportation Policy 4.5 Apply for federal ped/bike improvement 130 Change reference to be a general funds federal funding source (not specific) Transportation Policy 4.9 Establish a sidewalk matching funds 130 Remove 2015 due date and program for homeowner installed/funded change to consider annually sidewalks funding Transportation Policy 4.10 County shall implement "complete streets" 130- NEW POLICY principles where feasible & meet standards 131 Economic Objective 2 Increase high wage jobs by 1,000 between 46 Change the measurement time Development 2010 and 2015 period to between 2010 and 2020 Economic Policy 1.4 Promote training programs 46 Replace old reference to Development "Workforce Development Board" with "CareerSource Research Coast" (new name of entity) 128 7R J Economic Policy 1.10 Promote services provided by area airports 46 Replace reference to "Vero Development Beach Municipal Airport" with "Vero Beach Regional Airport" Economic Policy 2.1 General targeted recruitment categories 46 Update to reflect updates to Development target industries Economic Policy 2.2 Provide incentives for target industries 46 Remove reference to Enterprise Development Zone tax refunds and credits. Update reference to CareerSource Research Coast Economic Policy 2.5 Establish list of target industries and 46— Change evaluation frequency to Development evaluate annually 47 periodically. Insert reference to limiting marketing activities to a smaller, focused list. Economic Policy 2.8 Marketing of airport properties 48 Change reference from "Vero Development Beach Municipal Airport' to "Vero Beach Regional Airport" Economic Policy 2.13 Annually re-evaluate economic incentives 49 Change evaluation frequency to Development periodically Economic Policy 2.14 Annually compare county impact fees to 49 Change evaluation frequency to Development other counties to assess competitiveness for periodically commercial/industrial development Economic Policy 2.17 County to initiate a voter referendum for a 49 Update to recognize that the Development tax abatement program program was approved, has a sunset date, and will need to be renewed before November 2, 2020 Economic Policy 3.1 Survey targeted industries to determine 49 Change reference to Workforce Development educational needs Development Board to CareerSource Research Coast Economic Objective 4 At least two additional 50 Change due date from 2015 to Development industrial/business/technology/research 2025 parks established within the county by 2015 Economic Policy 4.1 Establish IRC Consortium for Life Science 50 Policy Completed. Change to Development Research and Technology Advancement "Maintain" IRC Consortium of Life Science Economic Policy 4.2 Annual review of land development 50 DELETE and re -number Policies Development regulations by the Professional Services 4.3 through 4.9 Advisory Committee Economic Text Multiple references to "Vero Beach 2,9 Replace "Municipal" with Development Municipal Airport" "Regional" to recognize recent change 129 Eleni v.F-w Y_- Economic 6 Text Multiple references to the County/City 27– Update of discussion on Enterprise Development Vero Beach Enterprise Zone and economic 29, Zone to acknowledge sunsetting incentives available in that zone 42, by state (with removal of state and economic incentives) and recent 56 action of BCC to continue recognizing that area for local jobs grant incentive bonus. Replace "Enterprise Zone" with "Enterprise Area". Economic Text Reference to former prorated SR 60 interest 26 Remove out of date reference to Development fee used to finance widening a portion of SR 60 prorated interest fee; fee SR 60 sunsetted Economic Text Reference to "residents of the County" 26 2-6 Change to "for county residents" Development Economic Text Reference to state Qualified Target Industry 27 Remove reference to Enterprise Development (QTI) program and the dollar amount of Zone and add additional detail incentive potentially available to industries for other bonuses available under in an Enterprise Zone. QTI program Economic Text Numerous References to "Workforce 7, 34, Replace old references with Development Solutions" and/or "Workforce 28, "CareerSource Research Coast" Development Board" 30, (new name of entity) 46, & 49 Economic Text Description of "Research Coast" and 30- Update to reflect more Development various references to "Research Coast" 31, descriptive name and recent 42- activities (Florida's Research 43 Coast Economic Development Coalition) Economic Text Discussion of economic incentives offered 42 Update to discuss county's tax Development by the count abatement program Economic Text Discussion of "Research Coast" — 43 Remove outdated text Development Recreation Policy 1.5 Complete a needs analysis of recreation 46 Change the due date from 2015 services to 2018 Recreation Policy 1.6 Evaluate user fees 46 Change the due date from 2015 to 2018 Recreation Policy 1.7 Revise fee structure for recreational 46 Change the due date from 2016 programs and park reservations to 2017 Recreation Policy 1.8 Determine park need in north and south 47 Change the due date from 2012 area to 2018 Recreation Policy 1.9 Evaluate new funding options 47 Change the due date from 2015 , to 2018 Recreation Policy 1.10 Evaluate new revenue opportunities 47 Change the due date from 2015 to 2017 Recreation Poll Policy 1.11 Evaluate feasibility to receive donations for 47 Change the due date from 2015 parks capital and infrastructure to 2018 130 _ - nts= =4_`Elemeti ' ::Police#' Y� ,�; - `- `: ,9...-- z ;Summar - ::Text�- . •£'i- .' ;7 j.. ... . - - Recreation J-- - Policy 2.1 �` _ S - - - Complete remaining improvements . - 47 ' is :�.. q,; ^Y in Change the due datefrom2015 South County Regional Park Master Plan to 2018 Recreation Policy 3.2 New fairground master plan 48 Change the due date from 2015 to 2018 Recreation Policy 3.4 Update north and south county master 48 Change the due date from 2015 Tans to 2018 Recreation Policy 6.3 Survey to detennine recreation demands 49 Change the due date from 2014 to 2018 Recreation Policy 6.5 Automated reservation and sign up system 49 Change the due date from 2015 to 2018 ANALYSIS Pursuant to the MPO's direction and requests from county departments/divisions, forty-four (44) policies, 3 objectives, and various texts of non -policy sections in four elements and one sub -element of the county's comprehensive plan are proposed to be revised. The proposed changes are shown in stiike- thna and underline format (attachment #2) and summarized below. • Future Land Use Element Policies 1.34 1.39 4.2 4.3 4.4 6.1 9.1 11.1 11.2 11.3 11.4 13.3 objective 11, and text related to the former Enterprise Zone Long Range Planning staff identified various policies to postpone completion dates for. Those polices are policies 4.2, 4.3, 4.4, 9. 1, 11. 1, and 13.3. Generally, those policies refer to identifying target areas for infill development, developing and implementing a plan for infill development, establishing architectural guidelines for county facilities, creating guidelines to identify areas in need of redevelopment, and coordination with municipalities to identify areas for potential annexation. As proposed, the new implementation dates reflect more reasonable timeframes to implement the referenced policies. Therefore, the proposed changes should be approved. Staff also identified additional policies and an objective that need updates to reflect changed conditions and to remove existing labels/descriptions that can be negatively perceived. Those are Policies 1.34, 1.39, 6.1, 11.1, 11.2, l 1.3, 11.4, and Objective 11. As proposed, Policy 1.39 will adjust the acreage for a research/technology/industrial park located near State Road 60 and 98`t' Avenue from 665 acres to 301.95 acres. This adjustment is necessary due to recent annexations by the City of Fellsmere. For Policy 6.1, updates are needed to better reference existing utility service extension policies for sites located outside of the County's Urban Service Area. Objective 11 and Policies 1.34, 11.1, 11.2, 11.3, and 11.4 are proposed to be revised to re -characterize "blighted areas in need of redevelopment' as "areas in need of redevelopment or revitalization". These revisions will remove a perceived negative label for areas needing redevelopment and/or revitalization. With respect to general text edits (separate from changes to the wording of policies and objectives), revisions are proposed to recognize the state's recent action to discontinue (sunset) the Enterprise Zone program statewide and the Board of County Commissioner's recent action to continue to recognize the former Enterprise Zone as an area that target industries can continue to receive a 10% bonus through the 7 131 County's local jobs grant program. Additional text edits are proposed to remove the use of the word "blight" and replace it with "areas in need of redevelopment or revitalization", consistent with the revisions proposed under Objective 11 and its associated policies. • Solid Waste Sub- Element Policies 4.1, 4.2, 4.6, and 4.7 The County's Solid Waste staff requested that Policy 4.2 of the Solid Waste Sub -Element be amended to recognize that a feasibility study to establish mandatory solid waste collection has already been completed and that the Solid Waste Disposal District should, by 2022, re-evaluate establishing mandatory collection within the Urban Service Area. In this case, re-evaluating may be necessary to recognize changed circumstances since the original study was completed. With respect to Policies 4.6 and 4.7, which deal with evaluating the expansion of recyclable activities and evaluating transferring solid waste to another regional facility, Solid Waste Disposal District staff proposes to postpone the evaluation until 2020. For policy 4. 1, in accordance with a recommendation from Utility Services, staff proposes to include food waste as one potential material to be considered for an expanded recycling program. As proposed, the implementation date revisions reflect more reasonable timeframes to implement the referenced policies and the inclusion of food waste as an example of a new recyclable material calls special attention to the possibility of its collection. Recreation and Open Space Element Policies 1.5, 1.6, 1.7, 1.8, l .9, l .10, l .11, 2.1, 3.2, 3.4, 6.3 and 6.5 Recreation Department staff has requested that Policies 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.1, 3.2, 3.4, 6.3 and 6.5 of the Recreation and Open Space Element be revised to postpone implementation dates for those policies. Generally, those policies refer to assessing parks and recreation needs, funding of park and recreation programs, completing identified improvements to the South County Regional Park, and completing/updating master plans for both the north county and the south county regional parks and the county fairgrounds. As proposed, the implementation date revisions reflect more reasonable timeframes to implement the referenced policies. Therefore, the proposed changes should be approved. • Transportation Element Policies 4.3, 4.5, 4.9, and 4.10 MPO staff, in conjunction with Public Works staff, have requested that Policies 4.3, 4.5, 4.9, and 4.10 of the Transportation Element be revised. For Policies 4.3 and 4.9, which refer to improvements for bicyclists along major roadways and sidewalk improvements in residential areas, it is proposed that the due dates be removed and that the County periodically and annually re -assess bike improvements and special sidewalk funding. Doing so will allow the County to more frequently address the issues of identifying and addressing hazards to bicyclists and funding sidewalks. Revisions to Policy 4.5, which refers to the county applying for SAFETEA-LU enhancement funds, will remove an outdated reference to federal funds and insert a more generic reference to federal funds. This will allow the County to avoid having outdated references to a federal funding source as federal programs continue to change and evolve. Policy 4.10 is proposed as a completely new policy based on a recent action and recommendation from the MPO and its committees. As structured, the new policy commits the County to implement "complete streets" principles such as sidewalk, bike, and inter -modal access improvements as part of 8 132 any roadway project where such improvements are practical and meet state and county design standards. As MPO members, the members of the BCC have supported this policy, which staff also supports. • Economic Development Element Policies 1.4, 1.10. 2.1, 2.2, 2.5, 2.8, 2.13, 2.14, 2.17, 3.1, 4.1 and 4.2, and Objectives 2 and 4, and various text edits The Long Range Planning staff in coordination with Indian River County Chamber of Commerce staff have requested that Policies 1.4, 1.10, 2.1, 2.2, 2.5, 2.8, 2.13, 2.14, 2.17, 3.1, 4.1 and 4.2 and Objectives 2 and 4 of the Economic Development Element be revised. The revisions involve extending time frame completion dates or modifying the monitoring frequency of policies for substantially increasing the number of high wage target industry jobs, re-evaluating local economic incentives, re -assessing impact fees; and establishing research/technology parks. Additional revisions involve replacing outdated references with updated terms and descriptions, `adding text to recognize a refocusing of marketing for targeted industries, and deleting policies that have been completed. Similarly, proposed general text edits remove outdated text and add new text to be current and descriptive. These general text revisions provide relevant information about the state's recent action to discontinue the Enterprise Zone program statewide and the Board of County Commissioner's recent action to continue recognizing the former Enterprise Zone as an area that target industries can continue to receive a 10% bonus through the County's local jobs grant program. Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan. For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. 9 133 In this case, the proposed comprehensive plan amendment meets Policy 14.3's third criterion. The proposed changes were either directed by the Board, or requested by a local agency/organization or staff due to changes of circumstances. For the proposed amendment, changed circumstances include the need to update outdated information and references, the need to provide more feasible implementation dates, and the need to consider a new policy recommendation from the MPO. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION Staff's position is that updating the county's comprehensive plan, as proposed, is warranted based on changes in circumstances and to ensure that the county's comprehensive plan remains current and accurate. RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners: Adopt the attached resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies. 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process (tentatively planned for August 2016). ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application 2. Unapproved Minutes from the April 14, 2016 PZC Meeting 3. Transmittal Resolution (includes Appendix A proposed Comprehensive Plan Text Amendment) APPROVED AGENDA ITEM: FOR: BY: Indian River Co, Appy.4ed Date Admin. 5//y 4 - Legal r S - / 7 Budget (, b Dept. /1.3 Sl 7//e Risk Mgr. FACommunity Develotplm"enAComprehensive Plan Text AmendmentsUanuary 2016 - Various Comp Plan Element Updates\Sta1TReports\BCC staffreport for Comp plan Text amendment - May 24, 2016 meeting.rtf 10 134 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTH) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications only during the months of January, April, July and October of each year (except thatcaC N—Kil" Improvements Element Amendments may be initiated by the County anytime; during the year in accordance with Florida Statutes, Section 163.3177(3)(b)). Each application'iiiust. _....:; be complete when submitted and must include all required attachments. A'incomplete' application will not be processed and will be returned to the applicant. ,' ,7 /.i Assigned Project Number: CPTA - Z2D16yi?1011) - 741 V --Z Signature of Owner or Agent: , � 4 Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise several elements of the County's Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. NA 6. Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7. Provide an analysis of the proposed amendment's environmental impacts. NA 8. Provide a check, money order or cash in the amount of NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Comprehensive Plan Text AmendmentsUanuary 2016\CPTH FORM.doc Attachment 1 135 Current Owner/Applicant Agent Name: Indian River County Board of County Commissioners Community Development Department Staff Complete Mailing Address: 1801 271h Street, Vero Beach, FL 32960-3365 Same Phone # (including area code (772) 226 — 1243 Same Fax #(including area code) 772) 978 — 1806 Same E -Mail: Contact Person: Bill Schutt Signature of Owner or Agent: , � 4 Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise several elements of the County's Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. NA 6. Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7. Provide an analysis of the proposed amendment's environmental impacts. NA 8. Provide a check, money order or cash in the amount of NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Comprehensive Plan Text AmendmentsUanuary 2016\CPTH FORM.doc Attachment 1 135 Mr. Arthur Eisdorfer, HOA President of the Isles at Waterway Village, which was the first phase of the proposed development, spoke regarding lessons learned since their community was constructed. He detailed issues relating to grading between homes, yard drains and landscaping species and locations . He stressed that there is opportunity to design better in the future. Mr. McCoy responded that he would provide copies of Mr. Eisdorfer's comments to the developer's representative as well as the County's engineering department for use in evaluating future designs and practices, particularly where landscape material is involved. Stan Boling, Community Development Director, added that it usually takes a number of years before a developer turns a property over to a homeowner's association so landscaping issues tend to show up and get resolved in the interim. He assured Mr. Eisdorfer that his comments would be taken to heart by staff when making future recommendations to the project landscape professional. ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing William Schutt, Senior Economic Development Planner, discussed the County initiated request to amend the text of several elements of the County's Comprehensive Plan. He first educated the Commission as to the County's process and timeline for processing the proposed amendments and then detailed the actual proposed changes. The proposed amendments pertain to future land use, solid waste, transportation, economic development and recreation and open space elements and sub -elements. A discussion ensued concerning clarification of several of the proposed amendments. ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, the members voted unanimously (5-0) to approve staff recommendations on this Legislative matter. Commissioner's Matters There were none. Attachment 2 PZC/Unapproved 3 Aprii 14, 2016 FABCC\AII Comm ittees\P&Z\2016—AGENDAS & MINUTES\PZC 041416.doc 136 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF A PROPOSED INDIAN RIVER COUNTY COMPREHENSIVE PLAN TEXT AMENDMENT TO STATE AND REGIONAL REVIEW AGENCIES. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its January 2016 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on April 14, 2016, and WHEREAS, the Local Planning Agency, after receiving public comments, made a recommendation to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners held a Transmittal Public Hearing on May 24, 2016, after due public notice; and WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to State and Regional Review Agencies (Appendix A): F•\Community Development\Comprehensive Plan Text AmendmentsUanuary 2016 - Various Comp Plan Element Updates\Ordinance and Resolutions\Transmittal Resolution - Jan 2016 Comp Plan Amendments - Attachment 3.doc I of 2 Attachment 3 137 RESOLUTION NO. 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE ECONOMIC DEVELOPMENT, FUTURE LAND USE, RECREATION AND OPEN SPACE, AND TRANSPORTATION ELEMENTS, AND SOLID WASTE SUB -ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE The forgoing Resolution was offered by Commissioner Commissioner and seconded by and upon being put to a vote, the vote was as follows: Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Peter D. O'Bryan, Commissioner Timothy Zorc, Commissioner Wesley S. Davis, Commissioner The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 24th day of May 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS W Stan Boling, AI(jy Community Development Director F•\Community Development\Comprehensive Plan Text AmendmentsUanuary 2016 - Various Comp Plan Element Updates\Ordinance and Resolutions\Transmittal Resolution - Jan 2016 Comp Plan Amendments - Attachment 3.doc 2 of 2 138 DRAFT 4-7-16 Appendix A Indian River County 2030 Comprehensive Plan Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016- Appendix A 139 Municiaalities Within Indian River County There are five municipal governments within Indian River County. As with the surrounding counties, land uses are generally similar and compatible on both sides of municipal/ unincorporated county borders. Often, the presence of a sign is the only indication of a municipal boundary. City of Vero Beach The mainland portion of Vero Beach shares its boundaries with the county on the north, west and south sides. The island portion has a common boundary with the county on its south side. At the northern limits of the city, east of US 1, low density residential development and a golf club constitute the primary city land uses; however, mangrove wetlands are found along the Indian River. West of US 1, the Vero Beach Munieipa-I-Re Tonal Airport occupies the northern limit of the city, west to 43rd Avenue. A large portion of the airport perimeter land is undeveloped vegetated land which provides a buffer for the high density Gifford area of the county. Much of the area west of 43rd Avenue and north of 26th Street consists of undeveloped, vegetated land, and low density residential development. The western limit of the city is generally 43rd Avenue from 26th Street south to 14th Street. Dodgertown, the former spring training complex of the Los Angeles Dodgers, occupies land south to the main canal. From the canal south to 16th Street (including the SR 60 intersection), land in the city is predominately commercial. On the west side of 43rd Avenue, the county has a commercial node at the SR 60/43rd Avenue intersection. In the unincorporated county, medium density residential uses dominate 43rd Avenue from 16th Street to 14th Street. The southern limits of the city, along 14th Street, are characterized by single-family residential development east to Old Dixie Highway and the City Cemetery. From the cemetery north and east along the US 1 corridor to 6th Avenue, land uses in tfie city are dominated by commercial uses; however, several older residential areas are interspersed. While moderate density residential uses dominate in the area east of 6th Avenue to the Indian River, the City of Vero Beach power plant and wastewater treatment plant are located along the river at the 17th Street Bridge. On the barrier island at the city limits, land uses are restricted to single-family homes. Future Land Use Element 37 140 To add flexibility and increase local control, state law provides that, under certain conditions, local governments have the option of allowing the level of service on certain roads to fall below adopted standards for a limited time. According to state law, a local government may issue a development order for a project for which insufficient road capacity exists, provided construction of the additional capacity needed to serve the project commences within three years of the issuance of the project's first building permit. As reflected in its concurrency management system, Indian River County has chosen to incorporate that provision in its regulations. Within the county, some existing roads are deficient in right-of-way. Even those roadways that are not right-of-way deficient, however, seldom have adequate right-of-way to accommodate a widening or other improvement. Consequently, most roadway improvement projects require acquisition of right-of-way to accommodate the improvement. A detailed discussion of the county roadway network is contained in the Transportation Element. Mass Transit Established in 1994, the GoLine is the fixed route transit service in Indian River County. Although available to all ages, the GoLine is operated by the Indian River County Senior Resource Association. Funding for the GoLine is provided from several sources, including the federal government, the State of Florida, Indian River County, the cities of Fellsmere and Sebastian, other non-profit agencies, and advertising revenue. In November 2009, there were fourteen routes providing fixed -route service throughout the county, with some routes operating five days per week and providing hourly service. In 2008, the fixed route system provided one- way trips to 508,977 riders, an average of 1,631 riders per service day. Recently, the GoLine established a new north county hub near the CR 510/CR 512 intersection and relocated the Vero Beach hub to the former county administration building site. While four routes provide service to the north county hub, seven routes serve the Vero Beach hub. In addition, four routes provide service to the Indian River Mall, one of the GoLine's busiest destinations Although the low density residential character of the county works as a deterrent to mass transit, there are some major trip generators and attractors located within the county. Those developments include the Indian River Mall and other shopping centers along SR 60, the 37th Street medical node, the Wal-Mart Supercenter in Sebastian, and multi -family developments. ➢ Aviation, Ports, and Rail Indian River County has three public use airports. These are the New Hibiscus Airport, the Sebastian Municipal Airport, and the Vero Beach Munieipa.1--Re ional Airport. While the New Hibiscus Airport, just west of the I-95/SR 60 interchange, is used primarily for agricultural spraying from its grass runway, the Sebastian Municipal Airport has the capacity for light private and corporate aircraft. As the largest airport in the county, the Vero Beach Mufti 4palRe igional Airport is capable of handling large commercial jet aircraft. Future Land Use Element 62 141 Since 1998, all new county park and recreation facilities have been constructed to be handicapped accessible and barrier free with no access constraints. Also since 1998, the county retrofitted all of its existing parks and recreational facilities to ensure that the facilities are handicapped accessible. Currently, the county's existing parkland is sufficient to serve the existing population of the county. As growth continues, however, deficiencies may occur. As detailed in the Recreation and Open Space Element, the county plans to conduct a needs assessment to determine recreation capital improvement priorities. Eventually, the county will need to increase parkland in the fast growing areas south and west of Vero Beach and west of Sebastian. In addition to parks, the county contains other open space areas. In 2007, there were approximately 100,000 acres of publicly owned open space in the county. The largest publicly owned open space areas in the county are the St. Sebastian River Preserve and the Blue Cypress and Fort Drum Marsh conservation areas. Approximately 136,896 acres of agricultural land also provide significant open space in the county. In addition to purchasing land, the county uses development exactions to preserve open space. Currently, County Land Development Regulations require that developers of land containing native upland plant habitat preserve 15% of that habitat. The preservation of that land is accomplished through conservation easements. Parks, Recreation, and Open Space are discussed in more detail in the Recreation and Open Space Element. Public Safety Public safety services, including law enforcement and fire/emergency medical services, are unlike most other public services in that these services are delivered as needed on demand. Within the county, Fire/Emergency Medical Service Station locations are shown in Figure 2.24. A majority of the county population resides within a three mile radius of one of these locations. Law Enforcement For the unincorporated sections of the county, law enforcement is provided by the Indian River County Sheriff's Department through routine patrol and emergency dispatch. Those services are headquartered in a Central Sheriffs Office/Jail facility located in Gifford, in the central mainland area of the county. The municipalities of Vero Beach, Sebastian, Indian River Shores and Fellsmere provide police protection within their own corporate boundaries: The Florida State Police also provide routine traffic patrol on State and Federal Highways within the county. Correction facilities in the county are operated by the Sheriffs Department and the Florida Department of Corrections. Located on a 40 acre site in Gifford, just north of the Vero Beach Iieipal-Re ional Airport, the county jail facility is part of a complex occupied by the sheriff's administration, law enforcement and corrections divisions. Existing facilities include a 166,000 Future Land Use Element 67 142 eliminate ranchette type of development in agricultural areas and will provide working open space which could be used for agricultural and recreational uses while providing for residential and other non-agricultural development. Finally, this type of designation will reduce the threat of urban sprawl. Together, those tools will promote a compact, low-density land use pattern in Indian River County. According to the Urban Land Institute, "compact development does not imply ... high density, but rather higher average `blended' densities. Compact development also features a mix of land uses, development of strong population and employment centers, interconnection of streets, and the design of spaces at a human scale." [(Growing Cooler: The Evidence of Urban Development and Climate Change (2007)]. NEED FOR REDEVELOPMENT Defined as areas that contain neglected and abandoned structures that are in need of repair or demolition, ureas needing redevelopment or revitalization meas -usually occur in older and poorer areas of a community. In the unincorporated county, there are three areas that currently contain incompatible uses and experience varying degrees of bligktdeterioration. Those three areas are the Wabasso community in the north county, the Gifford community in the central county, and the Oslo Road area in the south county. Those blightedareasneeding redevelopment or revitalization have some of the same negative impacts that are often found in association with incompatible uses. In recent years, the county has used Community Development Block Grants (CDBG), State Housing Initiative Partnership (SHIP) funds, and local funds to make improvements within the identified ureas needing redevelopment or revitalization. In 2002, for example, Indian River County was awarded a $750,000 Housing Community Development Block Grant. Those funds were used to rehabilitate approximately 24 homes within the Gifford community. Between 2005 and 2008, the county used approximately $727,228 in CDBG funds to install new water lines within the Wabasso community. Using CDBG funds, the county constructed a new fire station in the Gifford community during 2009. Various other public improvements, including road and drainage improvement projects, have also been made in those ureas needing redeveloument or revitalization. Complementing those improvements has been an increase in code enforcement activities in those areas. Overall, the code enforcement initiatives have been successful in getting property owners to clean up their properties through removal of old cars, demolition of unsafe structures, and general property maintenance. A review of the Wabasso, Gifford, and Oslo Road areas reveals several similarities commonly associated with areas needing redevelopment or revitalization. Those include a higher than average proportion of low income residents with lower educational achievement, a larger°proportion of children, and a high proportion of minorities. The similarities of those areas cease at that point. As discussed below, each area has unique constraints and opportunities for renewal and development. Future Land Use Element 124 143 Wabasso Wabasso is an old unincorporated community at the intersection of US 1 and CR 510. Extending north and south along US 1 and west on CR 510, the community is primarily rural in character and has only recently received public water and sewer services. Along US 1, commercial uses predominate. Those uses range from those which serve the immediate community to those which take advantage of the relatively high traffic volume to serve a larger area. While citrus packing and processing is the largest commercial/industrial use, residential uses including single family homes and mobile homes extend along US 1 and CR 510. Within Wabasso, the blighted -areas needing redevelopment or revitalization portion ef-Rrea-is concentrated west of the FEC Railroad along CR 510 and consists primarily of residential uses. That area has been targeted in the past for assistance by the county. As a result of its strategic location at the entrance to the north bridge and the barrier island, the Wabasso area is likely to undergo changes in the future. In fact, recent and future growth on the barrier island and in the Sebastian area to the north will most likely act as a catalyst for land use changes in this area. The likely result will be the elimination of some older and smaller commercial uses and residential uses in favor of larger commercial uses dependent on the high traffic volumes. Recognizing the potential for change, the Wabasso community has worked with the county to initiate and develop a Wabasso Corridor Plan. That plan contains special standards to ensure well managed growth along US 1 and CR 510 in Wabasso. In Wabasso, one obstacle to major development is the difficulty in assembling enough parcels to create a site large enough for commercial development. Because redevelopment happens slowly if at all, it is important that the county continue to eliminate substandard housing and maintain code enforcement activity in West Wabasso. Gifford The Gifford area in the central portion of the county is the largest of the three blighted areas needing redevelopment or revitalization, as well as the area with the most public investment. Currently, Gifford contains a variety of uses, ranging from heavy industrial uses including junk and salvage yards to single family subdivisions. Unlike many ureas needing redevelopment or revitalization, Gifford is served by public water and wastewater. The area also contains three public schools, a community center and a recreation facility and is the location of the county sheriffs administration offices and the county jail. Several low income subsidized residential developments also are located in Gifford. On the east side of US 1 near Gifford, major developments include the Indian River Medical Center and Grand Harbor, a 2,000 unit residential, recreation and commercial development. Both Future Land Use Element 125 144 of those developments have and will continue to attract related commercial and business support services in the vicinity, most likely along US 1. While the increase in business activity and construction has added jobs to this area, it is not evident whether the impact has benefitted the depressed area of the community. Like many depressed areas, Gifford contains a mix of land uses and a supply of vacant industrial and commercially designated land. Going forward, the county should continue to eliminate substandard housing and maintain code enforcement activity in Gifford. ➢ Gifford: Indian River Countv/City of Vero Beach Enterprise Z,&neArea 4-n--From 2005 until the sun-setting of the state's Enterprise Zone enablingleeislation on December 31, 2015, Indian River County and the City of Vero Beach jointly establishedopgrated an Enterprise Zone encompassing properties in and around the City of Vero Beach Munteipa4 Regional Airport and properties within the Gifford Community. An Enterprise Zone +was an area designation approved by the state to encourage new economic growth and investment in distressed areas. The state accomplishesd this in part by providing tax incentives to residents and businesses within Enterprise Zones. Fefunds; pr-epei4y tax -coed san' -et# ait Although the state sunsetted the enabling legislation at the end of 2015 the Indian River County Board of County Commissioners (BCC) determined that it is important for the County to continue to provide a special economic development incentive in the former Enterprise Zone area consistent with the Gifford Neighborhood Plan Policy that supports such an incentive in the Gifford area On January 12 2016, the BCC approved a resolution to continue to offer a 10% local jobs grant bonus to target industries locating within the newly re-labeled "Enterprise Area" The "Enterprise Area" encompasses the same geo raphic area of the former Enterprise Zone offer state spenser-ed ineentiYes to leeal eempanies. These addifienal ineenti-ves are anether tee! that the Geunty and the City ef Vefe Beaeh haye at their dispesal te help Fetain and expand existing bus I fi-ow businesses. With a pessible expansion ef the Piper- Airer-aft f6eility and the iftFeasingly available indUStFial sE 9tfe�crc et�vesi A-qs%�' Hi A . ,..J A2fd Ayenue (Ver-e Beaeh Business Par-k). That business PaFk is pFepesed to have a tetal ef 15 4et-,. Oslo The third blighted area needing redevelopment or revitalization is located west of US 1 along Oslo Road in the southern portion of the county. Oslo Road (9th Street, S.W.) is a principal Future Land Use Element 126 145 east/west arterial road in the south county from US 1 to I-95. It is expected that the county's third interchange to I-95 will be located at Oslo Road. In Oslo, the urea needing redevelopment or revitalization consists chiefly of old platted and unplatted residential areas. Because that area was developed before infrastructure improvements were constructed, many of the roads and lots in the area do not meet county development standards. While increased and continued code enforcement activity is necessary to identify specific structures for repair or removal, a more concerted effort involving individual property owners, the county, and third party developer -financiers will be needed to resolve many of the roadway and infrastructure deficiencies caused by development during the first half of the 201h century. DEVELOPMENT AND REDEVELOPMENT IN FLOOD PRONE AREAS Generally, development in flood prone areas presents various problems, the most serious of which is the potential for loss of life from flood waters and storm surges. Flooding can also cause loss or damage to property and degradation to the environment. Besides the hazards, development costs may also be higher in those areas due to the extensive site modifications or enhanced building techniques required. Because of high costs and/or environmental limitations, public facilities and services are often not extended to those areas. In 1988, the US Federal Emergency Management Agency (FEMA) completed a Flood Insurance Rate Study for Indian River County. That study identified the limits of Coastal Flood Zones, the 100 -Year Flood Plain and the 500 -Year Flood Plain. As shown on Figure 2.23, the county has a significant amount of flood prone land. At this time, FEMA is updating its flood study of the county and will be issuing new flood maps in 2010-2011. Within the county, the largest flood prone area is west of I-95 and includes the St. Johns Marsh area. Land uses in that area include the marsh, citrus groves, row crops and cattle grazing. The area surrounding the City of Fellsmere also contains flood prone areas which follow the pattern of drainage canals and ditches. That area contains a mixture of agricultural uses and rural residential development on large (5 acre+) lots. East of I-95, flood prone areas are confined to 4 general areas. The first area extends along the east side of I-95 from the Brevard County line to approximately 2 miles north of SR 60 and east to 90th Avenue and the St. Sebastian River. With the exception of the area along CR 512, land uses are limited to cattle grazing and vacant land. A commercial/industrial node is located at the CR 512/1-95 interchange, although much of that node was recently annexed by the City of Fellsmere. Largely undeveloped, the northeast quadrant of that node contains several high-tech industrial manufacturing plants and highway commercial establishments. Immediately south of CR 512 is the Vero Lake Estates Subdivision (see residential land use, vacant land use). A Municipal Service Taxing Unit (MSTU) has been created for that 5,000 lot subdivision to provide for roadway and drainage improvements. Future Land Use Element 127 146 Policy 1.32: The Recreation land use designation shall be applied to land used for active and passive public parks and recreation facilities, including but not limited to ball fields, swimming pools, tennis courts, racquetball courts, handball courts, shuffleboard courts, basketball courts, volleyball courts, children's playgrounds, golf courses, fairgrounds, community/activity centers, walking/jogging/fitness trails, canoe launches, picnic areas, scenic areas, nature centers, bathrooms, and parking areas. Not all recreation sites are shown on the Future Land Use Map. Public parks and recreation facilities are not limited to this land use designation. The maximum Floor Area Ratio (FAR) for development within the Recreation land use designation shall not exceed 0.25. Policy 1.33: The Blue Cypress Improvement District (BCID) is a special land use designation that shall be applied to the existing Blue Cypress Fish Camp on the western shore of Blue Cypress Lake. Development within this district shall be limited to single-family and mobile home residential uses and conditioned on the provisions outlined in Ordinance 85-55. The BCID is not intended for expansion to adjacent or otherwise undeveloped property. Densities in the BCID shall not exceed 10 units/acre. Policy 1.34: The county zoning code shall contain provisions for a Professional Office District. That district shall be limited to land that is within the medium and low-density residential land use designations and is located along arterial roadways. The purpose of this zoning district shall be to encourage infill development and the redevelopment of blight areas needing redevelopment or revitalization or declining residential areas which are no longer appropriate for strictly single-family use but are not considered appropriate for a broad range of commercial uses, as permitted in other commercial zoning districts. Policy 1.35: Indian River County shall regulate the use of land in proximity to large scale public facilities such as airports and landfills in order to protect the facilities from encroachment by non -compatible uses and protect the public from any potentially. hazardous impacts. Policy 1.36: The county shall maintain a concurrency database which identifies areas with facility surpluses and deficiencies. Development shall be directed to areas with adequate facility capacity through publication of this information and through implementation of the county's concurrency management system. Policy 1_37: The new town land use designation shall be a floating zone which may be overlaid on any property with an agricultural land use designation (AG -1, AG -2, and AG -3). Each new town designation shall be approved as a Planned Development (PD) and shall meet the requirements of Policy 1.38. The size, density, and design of a new town shall allow for a sustainable new town population with an adequate level of commercial activity, as well as a sufficient greenbelt area. The new town shall be designed to accommodate a build -out population of at least 5,000 persons Future Land Use Element 143 147 (b) An interconnected pedestrian sidewalk/path system that serves and integrates residential and non-residential uses. (c) Appropriately sized blocks and pedestrian improvements that provide a layout that maximizes residential development in clusters around town centers. Town centers shall include but not be limited to public squares or parks, as well as commercial and residential uses. (d) Wide sidewalks, street trees, and on -street parking in the town center. 5. Integration into Major Street Grid: Each new town project shall have multiple connections to major roads, and extend major roads planned to traverse the rural area in which the project is located. 6. Building Height: Residential structures shall be limited to a maximum height of 35 feet, while nonresidential and mixed use structures shall be limited to a maximum height of 50 feet. For all structures, architectural embellishments may exceed the maximum height limitation by no more than 15 feet. Policy 1.39: The county shall limit the use of the 665301.95 acres of CA designated property located north of SR 60 and west of 98th Avenue to research/technology/industrial uses only. Those uses include research/technology/industrial parks, light manufacturing and assembly facilities, distribution centers, and accessory commercial uses. For that portion of the 665 acre property that lies west of 102nd Avenue, the Floor Area Ratio shall be limited to .30 and development shall be limited to no more than 2% accessory commercial uses and no more than 49% research/technology uses. This policy shall be implemented through Planned Development (PD) zoning and/or Planned Development Plan requirements. In addition, each preliminary PD plan (site plan) for development of the portion of the 665 acre property that lies west of 102nd Avenue shall: • incorporate a stormwater management and flood protection design that mitigates potential adverse impacts of a flood associated with the failure of federal and privately owned levees within the Upper St. Johns River Basin Project; and • include upland edge buffers between industrial development and any adjacent wetland mitigation bank area; and • provide mass transit infrastructure (bus waiting area shelters, benches, accommodations for pedestrians, bicyclists and accessibility by persons with disabilities); and • incorporate a traffic circulation design that meets FDOT S.R. 60 access management requirements and provides shared access and interconnections between facilities. On that portion of the 665 acre property lying west of 102"d Avenue, development will be limited to 4.2 million square feet of research, technology, industrial, and accessory commercial uses until I-95 north of S.R. 60 is widened. Future Land Use Element 148 148 County wide level -of -service standard for Middle Schools of 117.26 building square feet per student station County wide level -of -service standard for High Schools of 147.57 building square feet per student station County wide weighted average level -of -service standard for all schools of 139.07 building square feet per student station g. Transit: The county adopts the following transit level -of -service standard: • One-hour headways shall be maintained on all fixed transit routes. Policy 3.9: Indian River County shall coordinate with private utility providers, including electric, gas, telephone, and cable TV, to ensure that utility services are delivered efficiently. Policy 3.10: The county shall provide infrastructure improvements to existing subdivisions with inadequate infrastructure, such as Vero Lake Estates, Paradise Park, Oslo Park, and Pine Tree Park, through the petition paving program and the utility assessment process. OBJECTIVE 4: EFFICIENT MIX OF USES TO REDUCE TRAFFIC DEMAND AND GREENHOUSE GAS EMISSIONS By 2030, Indian River County will have a land use pattern that maintains the number of daily automobile trips per capita and the length of trips on county roadways at or within 10% of 2005 levels. Those levels were 4.53 daily automobile trips per capita and 18.94 minutes per trip. Policy 4.1: Land use districts shall be located in a manner which concentrates urban uses, thereby discouraging urban sprawl. Policy 4.2: By January 2014-8, Indian River County shall identify and map target areas for redevelopment and infill development. Policy 4.3: For the areas targeted for redevelopment and infill development in Future Land Use Element Policy 4.2, Indian River County shall, by 201-29, assess the potential for future development, review infrastructure capabilities and needs, and develop special overlay or use districts and regulations, if warranted. Policy 4.4: By January 204420, Indian River County shall work with property owners, developers, and the public to develop and implement a plan to promote development of the areas targeted for redevelopment and infill development. That plan shall examine the feasibility of reduced development fees, streamlined application processing, mixed uses, density bonuses, Traditional Neighborhood Design, home/work linkages and other innovative techniques to promote development in those areas. Future Land Use Element 155 149 • Residential lots created through the PD process shall not be less than 1 acre with the remainder of the area designated as open space; • The open space shall be in contiguous areas; • Common open space, if provided, shall be under the control of an appropriate entity and maintained in perpetuity, through an open space, recreation, conservation and/or agricultural preservation easement(s), to be created through Deed Restrictions, with infill prohibited; • Agricultural PDs shall implement Best Management Practices submitted to and approved by staff, and • All recreational amenities shall be depicted on the PD plan; no recreational uses that could constitute a nuisance to adjacent properties shall be permitted. OBJECTIVE 6: AGRICULTURAL PROTECTION In recognition of the Indian River County's desire to protect agriculture despite the challenges and changes facing the citrus industry, the county's objective is to retain, through 2017, at least 125,000 acres of land in the unincorporated county that is used for active agricultural operations. According to the United States Department of Agriculture's 2007 Census of Agriculture, there were 157,196 acres of land that were used for active agricultural operations that year. Of this land, approximately 139,000 acres are located within the unincorporated area of the county. This objective, by itself, does not justify or suggest a need for Future Land Use Amendments from Agricultural Designations. Policy 6.1: Indian River County shall not provide public services or facilities which would induce or encourage the development of agriculturally designated lands. As such, the county shall. not provide water and sewer service outside the urban service area except in the following instances: • To provide for the health and safety of existing residents in a manner consistent with Sanitary Sewer Sub -Element Policy 2.4 and Potable Water Sub -Element 2.4; • To seFve lets er pei4iens ef lets whieh ft-ent en a publie r-eadway that serves '_ __ provide utility services under limited circumstances consistent with Potable Water Sub -Element Policy 5.7 and Sanitary Sewer Sub -Element Policy 5.8 as amended.; Future Land Use Element 160 150 • projects which may impact historical and archaeological sites identified on the Florida Master Site File or designated as significant by the Board of County Commissioners. Policy 8.2: Indian River County shall use incentives such as transfer of development rights, tax relief, mitigation, and public acquisitions; and penalties such as fines and imprisonment, to protect and preserve historically and archaeologically important resources. The following criteria are used to determine the historical significance of a resource: • whether or not the resource is at least 50 years old; • whether or not the resource contains significant character, interest or value as part of the historical, cultural, aesthetic and architectural heritage of the county; • whether or not the resource displays historical, political, cultural, economic, or social trends of community history; • whether or not the resource displays unique and/or distinguishing characteristics of an architectural style, design period, construction method, detail, craftsmanship, or material; and • whether or not the resource is a work by a prominent architect, designer, engineer, builder or landscape architect. Policy 8.3: All public and private development or redevelopment proposals shall be reviewed for their impact upon designated historic resources. Policy 8.4: Public and private development and redevelopment activities shall cease, at least temporarily, if historic or archaeological artifacts are discovered, in order to allow for evaluation of historic significance. Policy 8.5: Indian River County land development regulations shall include provisions for land use management techniques such as Transfer of Development Rights, Tax Relief, Mitigation or Public Acquisition to ensure compliance with the provisions of these policies and to minimize the impact on property owners. Policy 8.6: The county shall periodically update its historic properties survey. In addition to providing a more accurate assessment of the condition of historic properties, such updates will also allow the inclusion of newly -eligible properties. OBJECTIVE 9: PROMOTE AESTHETIC DEVELOPMENT Through the implementation of land development regulations, Indian River County will have aesthetically pleasing buildings, signs, landscaping, parking areas, and roads. Policy 9.1: By January 201-29, Indian River County shall establish guidelines to ensure that all new county buildings and facilities will be compatible with the architectural character of the surrounding neighborhood. Future Land Use Element 165 151 Policy 10.4: Multi -family residential sections of The Moorings that were zoned RM -10 prior to February 13, 1990 shall be allowed to maintain their RM -10 zoning and shall be considered conforming uses within the L-1 designation. These phases include Windward, Southwinds, Harbour Side, The Pointes, River Mews, and South Passage. OBJECTIVE 11: BLIGHTEWAREAS NEEDING REDEVELOPMENT OR REVITALIZATION By 2016, Indian River County will have taken action to encourage redevelopment or revitalization in at least three blighted areas. Policy 11.1: By 201-29, Indian River County shall develop guidelines and regulations to designate areas in need of redevelopment or revitalization. Policy 11.2: Within one year of designating a redevelopment or revitalization area, Indian River County shall determine the needs and deficiencies as well as remedies and solutions for that area. Policy 11.3: Indian River County shall enforce the provisions of the PRO, Professional Office zoning district. The purpose of this zoning district shall be to encourage infill development and the redevelopment or revitalization of blighted er deelifting-residential areas which are no longer appropriate for strictly single-family use but are not considered appropriate for a broad range of commercial uses, as permitted in other commercial zoning districts. Policy 11.4: Indian River County shall encourage the development, redevelopment, revitalization and upgrading of undeveloped and underdeveloped subdivisions through mechanisms such as Block Grant Programs, Municipal Service Tax Units, creative finance and development proposals, zoning, and simplified replatting procedures. Policy 11.5: Indian River County shall maintain a vigorous code enforcement program operating in all areas of the unincorporated county. OBJECTIVE 12: COORDINATED PLANNING All development in Indian River County will be consistent with the resource planning and management activities of the state, and with approved management plans including the Hutchinson Island Management Plan. Policy 12.1: The county acknowledges the application of the Hutchinson Island Resource Planning and Management Plan (HIRPMP) to Indian River County. Past county actions have resulted in development regulations consistent with the HIRPMP. All new development on the unincorporated barrier island will be consistent with the HIRPMP by implementing the policies of this comprehensive plan. Future Land Use Element 168 152 Policy 12.2: As part of the county's periodic Capital Improvements Element evaluation and update process, the impact of new development on hurricane evacuation times and the need for improvements and the timing of improvements to evacuation routes in order to maintain or reduce evacuation times shall be assessed. Policy 12.3: Indian River County shall include within its land development regulations a mechanism to assess the impact of new development on emergency evacuation. OBJECTIVE 13: LOCAL PLANNING By 2015, the County will have a formal coordination mechanism with other federal, state, regional, and local governments and agencies for land use planning activities, provision of facilities and services, and funding and implementation of programs. Policy 13.1: Indian River County shall ensure that land development activities, development orders and permits, rezonings, and comprehensive plan amendments are coordinated, as may be appropriate, with the municipalities of the county, adjacent counties, regional and special districts, and state and federal agencies. Policy 13.2: Indian River County, through coordination with municipalities within the county, shall ensure that future annexation will not create enclave areas. Policy 13.3: By 201+8, the county shall encourage municipalities to identify potential areas for annexation, develop criteria for annexation decisions, and execute interlocal agreements with the county to formalize these criteria. Policy 13.4: Indian River County shall coordinate with municipalities within the county to amend the proposed interlocal service boundary agreement between the county and municipalities to address annexation issues, maintenance of established level of service standards, extra jurisdictional developmental impacts, upfront coordination on land use amendments and rezonings, and establishment of a dispute resolution process. OBJECTIVE 14: PLAN AMENDMENT AND REVIEW Indian River County will have a mechanism for review and amendment of the comprehensive plan. Policy 14.1: Indian River County shall provide for the amendment of the Comprehensive Plan in accordance with the provisions of Chapter 163, FS. Applications to amend the future land use plan map may be submitted by the owner or the agent for the owner of property proposed for redesignation, by the county planning staff, or by the Board of County Commissioners. Where an individual application is submitted, land development regulations shall provide for payment of an appropriate fee and disclosure of all individuals having an equitable interest in the proposed change. Applications to amend other portions of the comprehensive plan may be Future Land Use Element 169 153 DRAFT 4-6-16 Indian River County 2030 Comprehensive Plan At ■ 0%10% Indian River County Community Development Department Supplement # ; Adopted , 2016, Ordinance 2016- 154 Comprehensive Plan Solid Waste Sub -Element POLICY 4.1: The County shall expand its recycling program by accepting more materials, such as food waste, to be recycled to reduce the volume of waste disposed of in the landfill. POLICY 4.2: By 204-222, the SWDD shall re-evaluate e€ establishing a mandatory solid waste collection system that serves properties within the County's Urban Service Area. Upon the establishment of mandatory door-to-door garbage collection, the SWDD shall evaluate the need for and the level of service required from the customer convenience centers. POLICY 4.3: The SWDD shall continue to assist the School Board to develop and maintain a course which informs students of the impact of mismanaged solid and hazardous waste as well as the importance and benefits of a recycling program. POLICY 4A The County as part of its recycling program shall eliminate open burning in urban areas by maintaining its facility for the recycling of organic waste, including land clearing debris, grass clippings, etc. into compost and mulch. POLICY 4.5: The SWDD, through radio and newspaper advertisements, informational brochures, or through special events, shall provide general public education on the importance and benefit of the recycling program. POLICY 4.6: By 204-220, the SWDD shall valuate the feasibility of the maximum recovery of recyclables from the County garbage stream and their conversion to useful products. POLICY 4.7: By 204-220, the SWDD shall valuate to a�nifle the feasibility of transferring the County's solid waste to another regional facility for disposal of solid waste. Community Development Department Indian River County 29 155 DRAFT 4-7-16 Indian River County 2030 Comprehensive Plan Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016- 156 Comprehensive Plan Transportation Element POLICY 4.1: The county hereby adopts the MPO Bicycle/Pedestrian Plan. Implementation of the plan in the unincorporated county will occur through the incorporation of improvements identified in that plan in its TCIP. The plan will be used as a basis for applying for and programming federal enhancement project funds. Funds will be used to program improvements such as the construction of new bicycle and pedestrian lanes and paths, and the retrofit of existing lanes and paths. The implementation schedule will be determined by the priority ranking of each roadway segment as contained in the MPO Bicycle/Pedestrian Plan. The following programs shall also be implemented by the county according to the plan: an off-road facilities program, a safety improvement program, and a mode shift program. These programs will be implemented as the funding, right-of-way, or other necessary resources become available. POLICY 4.2: By 2020, the county shall evaluate utility easements, railroad rights-of- way and drainage canal rights-of-way as locations for off road trails. This evaluation will be based upon safety and cost considerations as well as negotiations with appropriate agencies which control these easements and rights-of-way. POLICY 4.3: By 2012Periodically, the county will assess all thoroughfare plan roadways to identify hazards to bicyclists. Where hazards are identified, improvements to correct them will be programmed. POLICY 4.4: The county will use at least $200,000 per year of 1 cent local option sales tax revenue for bike/pedestrian system improvements. POLICY 4.5: The county will continue to apply for SAFETEA LU ent,anee-,. en federal non -motorized transportation funds to construct bike/ped improvements. POLICY 4.6: The county will, through its land development regulations, require that all developments fronting on thoroughfare plan roadways provide for construction of bicycle and pedestrian improvements as identified in the MPO Bicycle/Pedestrian Plan and MPO Greenways Plan. POLICY 4.7: The county will, through its land development regulations, require that internal sidewalks are provided in all residential subdivisions with densities higher than 1 unit per four acres. POLICY 4.8: The county will install bike -ped signals at all new signalized intersections and will install bike racks on its buses. POLICY 4.9: The county will annually consider funding _est ra sidewalk matehing funds -program for construction of residential -sidewalks in residential areasly hemeewnefs. POLICY 4.10: Where practical and to the extent possible, and where such design is in compliance with the Florida Green Book and County Typical Design Standards, the County will implement "complete streets" principles such as the inclusion of bike lanes Community Development Department Indian River County 130 157 Comprehensive Plan Transportation Element and sidewalks for new roadways, widening_ projects, and roadway redesigns to address the needs of public transportation vehicles and patrons, bicyclists, and pedestrians of all ages and abilities in planning, programming, design, construction and maintenance of County roadways. These principles will be applied to reconstruction and maintenance projects to the. extent state or federal statute, economic and environmental considerations, and existing development will allow. The County will view all transportation improvements as opportunities to improve safety, access and mobility for all travelers and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system. OBJECTIVE 5 LAND USE COMPATIBILITY Throughout the time horizon of this plan, traffic circulation system will be compatible and compliment adjacent land uses. POLICY 5.1: The county shall design and locate to the extent possible major roadways (i.e. minor and principal arterials) and intersections such as to not adversely affect existing neighborhoods nor produce excessive traffic on local roads through residential areas. The following are some of the characteristics by which the county will determine whether neighborhoods are adversely impacted: severs existing neighborhoods, more traffic other than local traffic using roadways, widening of roadways which results in roadways constructed closer to residential homes, and other similar characteristics. In areas where minor and principal arterial roadways and their intersections adversely affect existing neighborhoods, the county may provide buffers as stated in the above Policy 7.1. The county will also review the feasibility of relocating roadways and intersections and limit the number of roadway connections and accesses. Where appropriate, the county will implement traffic calming improvements. POLICY 5.2: The county shall locate and design roadways to minimize adverse environmental impacts. Where sensitive environmental areas will be impacted by roadway construction, the county will mitigate those impacts by taking action as provided for in the Conservation Element of the plan. POLICY 5.3: The county shall not fund transportation improvements which will allow increased development in coastal high -hazard areas. POLICY 5.4: The county hereby designates as historic and scenic roads the following: ° Jungle Trail ° Old Winter Beach Road ° Fellsmere Grade ° Quay Dock Road ° Gifford Dock Road The county will prepare, adopt, and implement management plans for each of these roads in order to protect and enhance their scenic/historic character. Community Development Department Indian River County 131 158 DRAFT 4-7-16 Indian River County 2030 Comprehensive Plan 0%1 M r Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016-, 159 Comprehensive Plan Economic Development Element Inventory of Existing Conditions Overall, there are many factors which influence economic development in an area. These range from physical conditions to demographic characteristics, including existing and projected population levels. This section addresses those factors. Geography Climate Indian River County has a humid, subtropical climate. According to the United States Geological Survey, Indian River County's average coastal temperature, as measured at the Vero Beach Munieipa4E,gTonal Airport, is 23°C (73.4°F). The temperature further inland, at Fellsmere, is similar. While this average temperature is moderate, the county's afternoon temperatures usually exceed 32°C (90°F) throughout the summer. Freezing temperatures occur occasionally in the coastal areas of the county, but they occur almost annually in the county's inland area. As measured at the Vero Beach airport, the county's mean annual precipitation is 53.4 inches, while the average precipitation inland at Fellsmere is approximately 57 inches. More than 60% of this total annual rainfall occurs during the summer months. Topography Topographically, Indian River County lies in Florida's coastal lowlands. In Indian River County, these lowlands include several ancient marine terraces, each of which was part of the ocean bottom at a time when the Atlantic Ocean stood much higher. The two terraces which comprise Indian River County are the Pamlico Terrace and the Talbot Terrace. The Pamlico Terrace covers the area from the county's coast to the western edge of St. Johns Marsh, a distance of approximately 24 miles. This terrace is comprised of three distinct ridges: an offshore bar, the Atlantic Coastal Ridge, and the Ten -mile Ridge. Most of this area is less than 25 feet above sea level. The offshore bar is the current barrier island. This island reaches a maximum height of approximately 20 feet above sea level. West of the island is the Indian River. Further west and located on the present-day mainland is the Atlantic Coastal Ridge. That ridge, which is a remnant of an offshore bar, was formed in the Pamlico Sea and reaches altitudes of more than 50 feet. West of the Atlantic Coastal Ridge is a flat, trough -shaped area that is analogous to the present Indian River. Adjacent to this is the Ten -mile Ridge, which is a less pronounced sand ridge located approximately Community Development Department Indian River County 2 160 Comprehensive Plan Economic Development Element Education Currently, the School District of Indian River County is a Grade "A" school district. That is the highest letter grade that can be awarded by the state to a school district. The "A" grade was awarded to the County because of exceptional scores district wide on state standardized tests. Overall, the School District's district -wide score for the 2008-09 school year placed the County in 17`h place out of Florida's 67 counties (top 25%). Within Indian River County and the surrounding region, there are various universities and technical institutes providing education and research opportunities to county residents and businesses. Several of those higher education institutions offer programs within Indian River County in which students can earn credits toward an associate, bachelor, or masters degree program. Besides primary, secondary, and higher education, the county also has training programs available. These are coordinated and monitored by Werkfefee SelutiensCareerSource Research Coast. In 2006/2007, 48 job training programs, approved by Workforce Solution's Targeted Occupations List, were offered within Indian River County by Indian River State College, the School District of Indian River County, and the Vero Beauty and Massage Institute. These institutions/organizations can specifically tailor training for new and existing businesses in Indian River County based on the businesses' needs. Housing An adequate supply of housing is an important economic development location factor. For both employees and management, adequate housing needs to be available either in the community or nearby. Presently, the county has a mix of affordable single family and multifamily units. Although housing affordability was an issue in the housing boom period of 2002 to 2005, the overbuilding at that time led to a collapse of the housing market and an increase in housing affordability. Housing issues related to Indian River County are addressed in the Housing Element of the Comprehensive Plan. Market Relationships/Access to Markets Located along the east coast of Florida, approximately two hours north of the major metropolitan areas of South Florida, Indian River County is approximately thirty minutes north of the Fort Pierce - Port St. Lucie MSA, approximately forty-five minutes south of the Palm Bay -Melbourne -Titusville Metropolitan Area, and approximately one hour and forty-five minutes southeast of the Orlando Metropolitan Area. Community Development Department Indian River County 7 161 Comprehensive Plan Economic Development Element the county and the other at State Road (SR) 60 in the central part of the county. While both existing interchanges are important for future industrial growth in Indian River County, a third interchange is planned for the future at Oslo Road in the south part of the county. When this interchange is ultimately constructed, it will provide direct access to a largely undeveloped industrial area of the County. Prior to construction of the Interstate system, U.S. #1 was the historical route connecting the U.S. east coast metropolitan areas. It extends along almost the entire east coast of the U.S. In Indian River County, U.S. #1 runs the full length of the county and connects most of the communities within the county to each other. Extending from Vero Beach in the east portion of the county to Tampa, a major metropolitan area on the west coast of Florida, SR 60 is a major east/west corridor on the Florida, Intrastate Highway system. This route functions as an important east/west connector in the state. In addition, it connects the County to the Florida Turnpike which provides access to markets southward to Miami and northward to Orlando. Recently, SR 60 was expanded from two to four lanes from I-95 to Yeehaw Junction. Currently, the county has sufficient capacity on its road network to accommodate additional growth. Transportation issues related to Indian River County are addressed in the Transportation Element of the Comprehensive Plan. Within Indian River County, there are tweis one municipal airports. -and one regional airport. These municipal airports auris in VeFe Reaeh Sebastian and the regional airport is in Vero Beach. While the Vero Beach MtmieipalReTonal Airport accommodates a full range of general aviation aircraft up to corporate jets, and is fully certified by the FAA under Part 139, the Sebastian Municipal Airport accommodates both piston aircraft and small corporate jets. Both Vero Beach and Sebastian Airports provide public services to a large economic base of aviation related businesses. Approximately 38 miles north of Indian River County, Melbourne International Airport is the closest commercial airport with scheduled passenger service to major cities. Community Development Department Indian River County 9 162 Comprehensive Plan Economic Development Element family home, depending upon size. Impact fees are also required for various commercial and industrial uses. Library, School, and Park and Recreation impact fees do not apply to nonresidential uses. Currently, five of the county's eight impact fees are suspended to encourage construction and economic development. Water and sewer impact fees are established in a separate ordinance. While water impact fees are $1,300 for each equivalent residential unit, sewer impact fees are $2,796 for each equivalent residential unit. Deposits are also based on equivalent residential units. Within the City of Vero Beach, electric impact fees have historically applied. For residential properties, electric impact fees ar-ewere $550 per dwelling unit. For commercial/industrial properties, electric impact fees started at $550 per unit and increased depending on the estimated electricity demand of the proposed land use. On December 16, 2015, the City of Vero Beach suspended electric impact fees pending approval of the Public Service Commission If the Public Service Commission does not approve the suspension request the electric impact fees will be charged retroactively_ Economic Development Initiatives • Target Industries Currently, the Board of County Commissioners offers various financial incentives to target industries to encourage those industries to locate to Indian River County or to expand businesses already in the county. The County's target industries list includes manufacturing and other basic industries. Generally, the target industries are businesses that pay wages near or above the county's annual average wage. By targeting industries that pay higher than average wages, the County intends to improve the standard of living and employment opportunities ofresidents e f the for county residents. In 2006, there were 11,188 jobs within the County's targeted industries. Of those target industries, the fastest growing are service industries. While service industries have been growing, only minimal gains have been made in basic/contributory industries (industries that bring money into the local economy by selling their products outside of the county) such as Fabricated Metal Products Manufacturing, Wood Products Manufacturing, Non-metallic Mineral Product Manufacturing, and Plastics and Rubber Products Manufacturing. Currently, the county offers financial incentives to target industries as follows: Community Development Department Indian River County 26 163 Comprehensive Plan Economic Development Element • Qualified Target Industry Tax Refund Program The Qualified Target Industry Tax Refund Program, administered through Enterprise Florida, provides a tax refund of up to $8,000 Zone-eF Up te-$5,000 per new job Enterprise Ze to a bonus of $2,000 per iob if the business falls within a designated high im act sector; $2,500 per iob if the project is located in a designated Brownfield area. To be eligible, the business must create at least ten new jobs in any of the state's target industries and pay an average annual wage of at least 115 percent of the county's average annual wage For a manufacturing project paving at least 100 percent of the prevailing average wage,• the wage requirement may be waived in special circumstances. Locally, the county provides a 20% match of the total taxes refunded. This program is designed to create high value-added jobs and encourage the growth of corporate headquarters and other targeted high value industries. • Local Jobs Grant Program This program can apply to a company that creates at least five jobs in the county's target industries. The amount of the grant is based on the number of jobs created and the -average salary of those jobs. Each grant application is reviewed by the Board of County Commissioners. The County provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. In addition, a 10% bonus is provided to businesses that locate within the City of Vero Beach/Indian River County Enterprise ZeneArea. • Impact Fee Financing Program An impact fee financing program is another incentive offered by Indian River County to encourage development. This program allows financing of impact fees for businesses listed on the county's target industries list. • Waiving County Utility Deposits Another incentive offered by Indian River County relates to county utility deposits. With this incentive, the county will guarantee county utility (county water and/or sewer) deposits of up to $10,000 for businesses meeting certain requirements. Instead of the business paying the deposit amounts up front, the county will pledge funds that can be drawn upon if necessary. • Special Incentives Granted by the Board Of County Commissioners Community Development Department Indian River County 27 164 Comprehensive Plan Economic Development Element The Board of County Commissioners has flexibility to grant special incentives on a case by case basis, based on job creation, wage levels and increased property taxes. Incentives could include the purchase or lease of land, infrastructure improvements, payment or financing of county impact fees, or cash incentives. In addition to incentives offered by the Board of County Commissioners, there are incentive programs offered by areerSource Research Coast that can be accessed by employers relocating to the county or existing employers within the county that are expanding. Those incentive programs are as follows: o Local Training/Grant Assistance areerSource Research Coast will provide on-the-job training tefor employers to offset the costs associated with new hires. The Grant serves as a cost effective way for local employers to hire quality applicants by reimbursing up to 50% of the employee's salary during their training period. o Employed Worker Training Grants areerSource Research Coast will provide grants to reimburse employers for up to 50% of direct training costs to train current employees in new skills that may lead to greater productivity. The employer chooses the training that meets company needs. Grants may be accessed through CareerSource Research Coast. o Recruitment/Assessment Services At no cost, areerSource Research Coast will assist businesses in finding qualified candidates who are trained and equipped with the right skills to fill their positions. Professional Recruiters efficiently recruit, screen and refer only qualified applicants to open positions. Indian River County/City of Vero Beach Enterprise AreaZene in 2005, ifidian River Geuw�, and the Gily ef Vero l3eaeh jeintly established an Efiterpr-ise Zone In 2005, the Florida Legislature approved a joint application from Indian River County and the City of Vero Beach to establish an Enterprise Zone (EZ). The EZ encompassed properties in and around the Vero Beach Regional Airport and the adjacent Gifford community. An Enterprise Zone iwas an area designation approved by the state to encourage new economic growth and investment in distressed areas. The state accomplishesd this in Community Development Department Indian River County 28 165 Comprehensive Plan Economic Development Element part by providing tax incentives to residents and businesses within Enterprise Zones. -The 2015 Legislature did not reauthorize the program and the Enterprise Zone program expired 12/31/15.7 -hose tax ineentives inelu ro ram expired at the end of 2015, the Indian River County Board of County Commissioners (BCC) determined that it is important for the County to continue to provide a special economic development incentive in the former Enterprise Zone area consistent with the Gifford Neighborhood Plan Policy that supports such an incentive in the Gifford area On January 12 2016 the BCC approved a resolution to continue to offer a I0% Ieeal jobs gbonus'_O taFget : dustfie to eli ible target industry companies applying for a local jobs grant locating within the newly re -labeled "Enternrise Area". The "Enterprise Area" encompasses the same geographic area of the former Enterprise Zone. *,Sales Tam Refund (Refund ef Sales Tax Paid on Gef4aiH Business EquipmentNatef:W-4 f171e,.�.. ..I C... ..,... Q..L.� T.,.. C.,.,«,.«.:..... io-.t..., �r--- r'-------`---- -._ ,-•� � .. I Indian River County/City of Vero Beach Enterprise Area 53RD ST 53RD ST ',ice; 44TH 3T 4 (INDIAN RNER b :_,SHS: 45TH ST a 43RD ST - —43RD ST— _ .�41ST•STr 37TH ST< _ 37TH 3T —33RDST )VERO`i3EACH� _ G! -� n 26TH ST— Legend T L@fiend - _ e��0'- -- • a-- �_$?...==1� - _ North & Main Relief Canals P Major streets c . _ r`w Municipal @ounries P ( Q Ergerprise Area boundary in - ® Parcels abutting 2 -lane street segments are within Enterprise Zone as shown Source: IRC Community Development Department 166 Comprehensive Plan Economic Development Element With the Enterprise Zene, indian River- Geunty and the City ef Ver -e Beaeh have the ability te effel: state spe er-e- .--.ives to leeal eempaHies. These ineentives are anether tee! that the County and City ef Vef:e Beaeh haN,e at theif: dispesal te help fetain and expand existing businesses and help te attraet ne-,A, businesses. Between Oeteber- 1, 2005 (staA ef repef4ing pef:ied fef the beginning ef the > 2007, 10 BuildingMater-ial Sales Tax Refidnd applieatiens and 25 Business Equipment Sales Tax Refund applieatienswer-e submitted te the state. The ameunt of meney im.-ested in Building Mater-ials alld Business $29,936.00 in Building Material Sales Tax Refunds weFe requested for- bus -messes investiff" 33,248.00 in Business Equipment Sales Tax Refunds weFe requested fer atetal -nves+---' $615,474.00 in Bus-ness . Florida's Research Coast Economic Development Coalition Inmate -99&'x1998, a Memorandum of Understanding (MOU) was signed by the primary economic development organizations EDOs in Martin, St. Lucie, Okeechobee and Indian River Counties to coordinate economic development efforts as a region That ►deaMOU set the foundation for C unt-y-these primary EDOs and the President/CEO of CareerSource Research Coast to form the "Florida Research Coast Economic Development Coalition" to better promote the economic development objectives of the three four counties. Currently, the Business Development Board of Martin County, the Indian River County Chamber of Commerce, the Economic Development Council of St. Lucie County the Okeechobee Chamber of Commerce, and CareerSource Research Coast are sharing resources to promote/edyet4ise the thfeefour counties as a cohesive region. The research coast initiative is building upon recent efforts of all theefour counties and CareerSource Research Coast -to recruit companies involved with the Life Science Industries along with other targeted industries. ,se-er-al life seie . -!s have already leeated te St. bueie County. One ef these life seien . ; is Ter -fey Pines institute fer- Meleeular- Studies, a Galifemia based biefeeh eempany. Reeently, TefFey Pines fifleved inte a 100,000 square feet life seienees , Or-egen Health and Seieenee UniyeHit-)"S Vaeeine and Gene Therapy institute (VGT-1) FHeyed into temperaf:y f6eilities within the Ter-f:ey Pines institute fef MeleetilaNStudies, while VGT-I is building its faeilily- Finally, the Mann ReseaFeh GenteF iS leeating on a 22 aefe site within the Town e Tradition. i Community Development Department Indian River County 30 167 Comprehensive Plan Economic Development Element Identification of the County's Constraints and Potentials As with any area, Indian River County has economic development constraints and economic development potentials. Generally, a constraint is a defined characteristic of an area that in some way hinders economic development. Conversely, a potential is a characteristic that supports or encourages economic development. Focusing on the constraints and potentials provides a foundation for the development of objectives and policies relating to economic development. Central to a community's ability to attract industry and enhance economic development is the perception that outside firms have of that community. According to "An Economic Development Toolbox: Strategies and Methods", published by the American Planning Association and written by Terry Morre, Stuart Mech and James Ebenhoh, companies consider a number of criteria when deciding to locate to a community. Those criteria include: ■ Access to , quality of, quantity of, and cost of needed resources and supplies; ■ Availability of development ready land and/or buildings (appropriately zoned and supplied with utilities and services); ■ Cost and productivity of labor (one of the most important factors); ■ Location relative to supplies and markets (less important for knowledge based industries such as the software development industry); ■ Availability of public and private infrastructure (roads, water, sewer, airports, cargo facilities, energy systems, and telecommunications); ■ Presence of and existing business cluster (available labor pool and access to suppliers that service the cluster); ■ Amenities and other quality of life factors (good schools, clean environment, affordable and appropriate housing, and diverse and exciting culture); and ■ Government policies (regulations, taxes, and incentives). In Indian River County, economic development constraints and potentials can affect each of the factors listed. Therefore, identifying constraints and potentials will allow the county to improve the perception that outside firms develop of Indian River County. Generally, the county's economic development constraints and potentials range from the county's geography to its infrastructure. Community Development Department Indian River County 31 168 Comprehensive Plan Economic Development Element As Indian River County's population increases, the local consumer base expands and that creates economic opportunities for new business establishments to locate in Indian River County. These new business establishments produce more activity and enhance the area's economy. Education Within the region, there are various colleges, universities, and technical institutes that provide education and research opportunities to county residents and businesses. Several of these higher education institutions offer programs within Indian River County in which students can earn credits toward an associates, bachelors, or masters degree. In fact, institutions of higher learning, such as Indian River State College and Florida Atlantic University, are now offering classes and degrees in fields that are at the forefront of technology and other similar fields. These education opportunities are economic potentials in that they can improve the quality of Indian River County's labor force. Another economic development potential is the excellent primary and secondary school system in the county. That system provides a high quality education and an above national performance ranking. Additionally, Indian River State College and the Indian River County School District provide adult educational classes and occupational training for county residents. Recently, Indian River State College expanded its Mueller Center campus and is planning to add additional campus entrances and buildings/facilities. Those new educational facilities and future planned expansions will have a positive impact on the local economy. In order to be competitive in a global market, the county must continuously evaluate its education offerings and seek to improve upon them. Going forward, the county should coordinate with the school district, charter schools, and private schools to ensure that they are providing a curriculum focused on science, technology, engineering, and mathematics. In addition, the County should coordinate with CareerSource Research Coast and the Indian River County Chamber of Commerce to regularly identify unmet educational needs for targeted industries and work with education providers to ensure that those needs are met. Housing For economic development to occur, an area must have an adequate stock of affordable housing. During the recent housing boom, however, the county did not have a sufficient supply of affordable housing. That situation, however, has now changed. Currently, there is an excess amount of housing within the county. That excess is due to overbuilding associated with the housing boom between approximately 2003 and 2006. As a result, there is a significant number of affordable residential rental units and affordable homes for purchase in the county. On the other hand, the collapse of the housing market has made it difficult for people Community Development Department Indian River County 34 169 Comprehensive Plan Economic Develonment Element Going forward, the County should continue to monitor target industries in the County and surrounding counties. Based on that monitoring, the County should prepare an annual target industry report that should be provided to the Indian River County Economic Development Council and to the Indian River County Chamber of Commerce Economic Development Division. Incentives In the future, the economic development incentives offered by the county may help attract Sege new businesses and encourage the expansion of existing businesses. Generally, economic development incentives indicate that an area is receptive to economic growth and development. Going forward, the county should continue to evaluate its economic incentives on an annual basis and update them as necessary to retain existing target industries and to attract new target industries. One such update to the County's target industry incentives develepmem fax abatemew pr-egr-am. This type of iHeewiye is available &em Hear -by --ties that are in dir-eet eempetitien with the County is the economic development ad valorem tax exemption (tax abatement) program. Residents approved the use of this program via referendum in 2010. The County's tax abatement ordinance authorizes the BCC at its sole discretion to rant qualifying businesses an exemption from certain ad valorem taxes (property taxes) for a period ofd to 10 years. Those taxes abated are associated with the General Fund the Municipal Services Taxing Unit (MSTU), and the Emergency Services District Fund No other taxes such as School District taxes or taxes levied for the payment of bonds are affected by tax abatement Indian River County/City of Vero Beach Enterprise AreaZe" Recently, development has occurred within older platted industrial areas and within relatively new industrial/business parks. As part of their Capital Improvement Programs, the County and City of Vero Beach should coordinate public infrastructure improvements within the Enterprise ZeneArea so that there is adequate access, water, and sewer to serve vacant developable commercial/industrial lots. The County and City should also continue to work together with the Indian River County Chamber of Commerce to market the Enterprise Zeae s -Area's benefits local jobs JZrant bonus incentive and available sites to prospective industries. Florida's Research Coast Economic Development Coalition Because the County is competing in an increasingly competitive global environment, it is important that the County participate in or otherwise establish regional partnerships with surrounding jurisdictions, schools, and organizations to work cooperatively toward common economic goals. Those regional partnerships are necessary because most industries do not look at jurisdictional boundaries when considering relocating or establishing a new facility. Instead, industries look at entire regions and the amenities that exist or will exist within those regions. Community Development Department Indian River County 42 170 Comprehensive Plan Economic Development Element Summary To improve the standard of living for residents, the County should continue to strengthen and diversify its employment base so that the local economy is not primarily reliant upon low paying service oriented industries. To do so, the County should maintain a multifaceted approach to economic development. This should include: • Refining the County's existing targeted industry list to be consistent with the State's target industry list, which includes the aviation, aerospace, life sciences (biotech), and specialty health care industries; ■ Providing infrastructure to accommodate a growing population base and to accommodate the needs of targeted industries; ■ Facilitating the development of large lot industrial parks; ■ Providing appropriately zoned land for development by target industries; ■ Continuing regional cooperation as part of the "Florida's Research Coast Economic Development Coalition Initiative"; ■ Promoting the assets of the County to CEOs and CFOs of targeted industries; ■ Recognizing the decline in the citrus industry and the need to identify new farm uses for export; ■ Maintaining appropriate economic incentives for key manufacturing and target industries (financial incentives, expedited permitting, etc.); ■ Marketing the County for tourism; ■ Preserving environmental and cultural assets of the community; and ■ Identifying and stopping any remaining service industry leakages. Community Development Department Indian River County 43 171 DIM-TAMMON MORE .9 a Summary To improve the standard of living for residents, the County should continue to strengthen and diversify its employment base so that the local economy is not primarily reliant upon low paying service oriented industries. To do so, the County should maintain a multifaceted approach to economic development. This should include: • Refining the County's existing targeted industry list to be consistent with the State's target industry list, which includes the aviation, aerospace, life sciences (biotech), and specialty health care industries; ■ Providing infrastructure to accommodate a growing population base and to accommodate the needs of targeted industries; ■ Facilitating the development of large lot industrial parks; ■ Providing appropriately zoned land for development by target industries; ■ Continuing regional cooperation as part of the "Florida's Research Coast Economic Development Coalition Initiative"; ■ Promoting the assets of the County to CEOs and CFOs of targeted industries; ■ Recognizing the decline in the citrus industry and the need to identify new farm uses for export; ■ Maintaining appropriate economic incentives for key manufacturing and target industries (financial incentives, expedited permitting, etc.); ■ Marketing the County for tourism; ■ Preserving environmental and cultural assets of the community; and ■ Identifying and stopping any remaining service industry leakages. Community Development Department Indian River County 43 171 Comprehensive Plan Economic Development Element OBJECTIVE 2: Diversified Economic Growth Between 2010 and 204-520 Indian River County will increase the number of jobs in the county's new high wage target industries by 1,000. Police: The County shall focus its industrial/business/technology/research expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries and those industries identified in County target industry studies as applicable. Policy 2.2: The county shall encourage the expansion of existing industries and attraction of new industries that are within the target industries list (Policy 2.5) by offering the following county adopted economic development incentives and assistance: ➢ Local Jobs Grant Program; ➢ Traffic, Water, and Sewer Impact Fee Financing; Utility Deposit Waivers; ➢ Expedited permitting; ➢ Maintenance of sufficient infrastructure capacity (roads, water, sewer); ➢ Provision of Industrial Revenue Bonds; ➢ Provision of job training through Indian River State College; ➢ Provision of workforce training incentives from CareerSource Research Coast; ➢ Assistance with federal or state grant applications (such as Community Development Block Grants); ➢ State Qualified Target Industry Tax Refund Program; and * Tax Refunds and Tax Credits %4hia the Entefprise Zene. Policy 2.3: The county planning division shall track the number of jobs in target industries annually and provide a report to the EDC. The report shall include, but not be limited to, the total number of jobs by NAICS target industry category, the average wage by each NAICS target industry category, the percent and numeric change from the prior year for both the total jobs and their average annual wages. Annual data shall be provided for multiple years. Policy 2.4: The Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall provide assistance, as needed, to companies during the relocation process and report any actions taken to the Economic Development Council at their regular meetings. Policy 2.5: The county, in coordination with the Indian River County Chamber of Commerce, shall establish a list of target industries and evaluate this list anfluaRy- in order to reflect the current economic needs of the county as well as the actual marketing results. The Below Community Development Department Indian River County 46 172 Comprehensive Plan Economic Development Element is the list of the county's target industry clusters:. For marketing purposes, the County Indian River County Chamber of Commerce and other economic development agencies representing the County may use their resources to market to a much smaller list based on the results of target industry studies, market research and expert advice Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care Information Technology.industry including but not limited to: • IT Products/Services • Software Development • Modeling/S imulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications Aviation/Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools Financial / Professional Services including but not limited to: • Corporate/Regional Headquarters • Research and Development Manufacturing/Warehouse/Distribution Emerging Technologies including but not limited to: • Materials Science • Nanotechnology • Marine Science Community Development Department Indian River County 47 173 Comprehensive Plan Economic Development Element Arts, Entertainment, Recreation including but not limited to: • Sports Facilities • Film Locations Post Secondary Public and Private Educational Institutions Other clean light industries that have average annual wages that support an innovation economy. To be eligible for local economic incentives, an industry must meet the target industry criteria established by the state with a focus on those industries that export the majority of products and services outside of Indian River County (as opposed to strictly areas outside of Florida). Currently, the target industry criteria are listed in Section 288.106(1)(0), Florida Statutes. Policy 2_6: The County shall provide for the issuance of Industrial Development Bonds for new industries. Policy 2.7: The Economic Development Division of the Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall assist in providing entrepreneurial and management expertise and a well-trained, skilled, and educated workforce to industries that are within the target industries list (Policy 2.5). Policy 2.8: The County, in cooperation with the Vero Beach Muni 4pa4-Re ional Airport, the Sebastian Municipal Airport, the Indian River County Chamber of Commerce and its Economic Development Division, shall actively market airport industrial lots and space and coordinate its marketing plans with the airport's marketing plans. Policy 2.9: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall identify and increase investments needed to enhance a competitive advantage. Policy 2.10: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall facilitate interactions between venture capitalists, lawyers, scientists, entrepreneurs, and financiers for new product development and new target industries within the county. Policy 2.11: The County shall request Federal and State agencies to expedite permit processing for target industries and to eliminate duplication and streamline permit processing. This shall include submission of letters and e-mails and phone calls to appropriate Federal and State agencies requesting expedited permitting and follow-up communications with these agencies. Policy 2.12: The County building division shall provide weekend inspection services at cost, based on employee availability and the commercial/industrial tenant's need. Community Development Department Indian River County 48 174 Comprehensive Plan Economic Development Element Policy 2.13: The County shall anfiva!4y- re-evaluate its economic development incentives by comparing its incentives with incentives offered by other jurisdictions. Policy 2.14: The County shall periodically compare its impact feesen an annual L 'asis o other counties in the state to determine if County impact fees are competitive for new commercial/industrial development. Policy 2.15: The Indian River County Chamber of Commerce and other economic development groups designated by the Board -of County Commissioners shall develop and provide a community information package for new employees and employers relocating to Indian River County. Policy 2.16: The County, through its Local Housing Assistance Program, Low Income Housing Tax Credit Program, and other housing programs, shall continue to provide workforce housing in the county. Policy 2.17: The County will initiate and support a -voter referendums to establish and maintain an Indian River County economic development tax abatement program. OBJECTIVE 3: Maintain Trained Labor Force Through the plan time horizon, there will be sufficient post secondary (college and technical schools) training programs that meet the needs of the county's target industries. Policy 3.1: The County, in conjunction with the Wer-kfffee Development Board ef the Tr-easuFe areerSource Research Coast and the Indian River County Chamber of Commerce will survey target industries to determine if educational needs are being met (see policy 1.2). Policy 3.2: The County shall contact four-year colleges, universities, and other training providers to determine the probability of a branch campus or research facility being established in Indian River County. In so doing, the County shall note that it has the ability to offset impact fees for target industries, including these institutions. Policy 3.3: The County shall support the expansion of the local branch of Indian River State College (IRSC) by providing assistance during the permitting process. Policy 3.4: The County, through the school district, shall continue to offer adult education classes and occupational training for county residents. Policy 3.5: The County, through the Indian River County Chamber of Commerce and other Community Development Department Indian River County 49 175 Comprehensive Plan Economic Development Element economic development groups, shall promote expansion of occupational education programs in the county by demonstrating to the educational institutions a definitive local demand for expanded programs. Policy 3.6: The County, through the school district, charter schools, and private schools, shall focus on enhancing science, technology, engineering, and mathematics curriculum in K-12 schools. OBJECTIVE 4: Facilitate Economic Development By 201-525 the county and municipalities within the County shall have at least two additional established industrial/business/technology/research parks (for a total of 4 parks) with sufficient land and adequate infrastructure to accommodate new or expanding businesses. At least one of these parks should be developed for Biotech/research/technology industries. Policy 4.1: By-294$,4The County shall estal!ishmaintain an Indian River County Consortium for Life' Science Research and Technology Advancement with appropriate local governments, employment agencies, institutions of higher education and other applicable entities, whose mission shall be to: 1. Promote and support the growth of existing key and emerging economic sectors; and 2. Provide legislative and governmental policies to support economic development; and 3. Make available physical infrastructure to support development, manufacturing, and commercialization of products; and 4. Provide and support emerging technologies; and 5. Leverage the county's current K-12 schools with a focus on enhancing the Science, Technology, Engineering, and Mathematics related foundation for education; and 6. Create a profusion of higher education opportunities within the targeted sectors to enhance our competitive opportunities; and 7. Provide entrepreneurial, management expertise, a well trained, skilled, educated workforce; and 8. Foster a synergy and interaction of venture capital, legal, scientists, entrepreneurs, and financers to create product development; and 9. Identify and increase investments needed to enhance a competitive advantage; and 10. Provide the awareness, advocacy, and expressed will of stakeholders to support economic development. Community Development Department Indian River County 50 176 Comprehensive Plan Economic Development Element Policy 4.32: The County shall maintain its policies, regulations, information, and application forms on the county website. Policy 4.43: The County shall continue to maintain its database of capacity and demand information for all concurrency related services and facilities. The county will use this database to program capital improvements to ensure that all services and facilities have adequate capacity to accommodate projected growth and development. Policy 4.34: The County, through its Planned Development process and PD zoning, shall allow industrial/business/technology/research park developers and the county to designate the type of uses appropriate for applicable new industriaVbusiness/technology/research parks. Policy 4.65: Through the time horizon of the plan, the county shall designate sufficient land on its Comprehensive Plan Future Land Use Map for future commercial/industrial uses and shall provide infrastructure (potable water and roads, and to the extent feasible sanitary sewer) for these lands to facilitate development of industrial/business/technology/research parks within the county. Policy 4.46: The County shall assist private industrial/business/technology/research park developers to establish industrial/business/research/technology parks at the SR 60/I-95, CR 512/I-95, and Oslo Road/741h Ave. commercial/industrial nodes, and at other appropriate locations within the county. Assistance will include providing pre -application meetings to determine needs and requirements of potential industriaVbusiness/technology/research park developers, expediting the permitting process, assisting with appropriate grant applications, and providing information pertaining to available incentives. Policy 4.57: The County shall, as needed or as part of the Evaluation and Appraisal Report, re- evaluate the size and location of its commercial/industrial nodes. The Commercial/Industrial Data Source document shall be posted on the County's website. This document consists of planning, zoning, and land use information helpful to businesses desiring to relocate. Policy 4.98: The County shall be pro -active in assisting commercial and industrial developers through pre -application meetings and Technical Review Committee meetings, by reviewing procedures, identifying needed permits, and providing information and providing feedback to applicants to expedite the permitting process. The county shall also assist applicants by providing information on non -county required permits or reviews and provide contact information. OBJECTIVE 5: Intergovernmental Coordination By 2011, there will be an adopted Interlocal agreement between the County and the municipalities that provides for coordinated economic development funding and economic development activities. Community Development Department Indian River County 51 177 Comprehensive Plan Economic Development Element 6.4 Maintain and/or improve county characteristics PD Ongoing No 7 1 Provide speakers to educate private citizens regarding economic development EDD/PD Ongoing No 7.2 Maintain and increase funding for economic development EDD Ongoing No BCC = Board of County Commissioners COC = Indian River County Chamber of Commerce CVB = City of Vero Beach EDC = Economic Development Council EDD = Economic Development Division of Chamber of Commerce PD = County Planning Department IRCC = Indian River Community College PUD = Purchasing Division OMB = Budget Office TDD = Tourism Division of Chamber of Commerce As designated by the Indian River County Board of County Commissioners, the Economic Development Division (EDD) of the Indian River County Chamber of Commerce functions as the official economic development agency for the county and is recognized as such by Enterprise Florida, Inc. (EFI) the state's economic development agency. Therefore, marketing activities identified in the Economic Development Element are the responsibility of the EDD. The EDD has developed promotional materials designed to attract prospective companies that are relocating or expanding operations and maintains a strong business retention program. Reeen`t" the EDP has f The EDD continues to focus its efforts on developing stronger relationships with site location consultants. Site location consultants represent firms that are actively searching for new locations to accommodate an expansion or relocation of their operations. These professionals also provide valuable insight into the site selection process and can offer communities advice on promoting an area for business attraction. ;HIVILIH-Familiarization tours or FAM tours are conducted where the EDD invites a group of consultants to visit Indian River County to see the benefits our area offers their prospective clients. Prior to a company executive or the site location consultant scheduling a site visit to Indian River Coup the EDD submits a detailed 3roiDosal to the company or consultant outlining the aroperties or buildings that may meet their project needs along with other attributes that could benefit the prospective company s operations During the site visit, the EDD meets with the prospective company or its representative to determine which sites in Indian River County that were previously suggested are most suitable and to discuss incentive programs that could be available to the company. EDD walks the prospective company through the local site location process and facilitates the incentive application process once eligibility is determined. The company's due diligence process in evaluating all sites under consideration often takes months. EDD has assisted sevefainumerous local businesses in securing incentives and training grants which enabled them to expand their local operations thus creating jobs for local residents. The EDD has developed material, such as the promotional thumb drive, the gnterp b l , incentives br-eehur-epromotional videos and revamped its website, offering information needed to assist businesses in making their relocation and expansion decisions. Community Development Department Indian River County 56 178 DRAFT 4-7-16 Indian River County 2030 Comprehensive Plan At_ -.a .. Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016- 179 Comprehensive Plan Recreation and Ooen Space Element GOAL, OBJECTIVES AND POLICIES As with all elements of the comprehensive plan, goals, objectives and policies are the basis of the Recreation Open Space Element. Not only do they establish the county's direction for recreation and open space; but goals, objectives and policies also set community expectations for recreation and open space and courses of action which the county will pursue to meet those expectations. G_ It is the goal of Indian River County to provide a recreation and open space system which meets the needs of all residents of the county, is accessible to all residents of the county, and maximizes the county's physical, cultural and historical resources. OBJECTIVE 1: Adequate Parklands and Recreation Facilities Through 2030, adopted recreation levels-of-seryice will be maintained to ensure that adequate parklands and recreation facilities are available and accessible for public use. POLICY 1.1: The county hereby adopts a recreation level -of -service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population POLICY 1.2: For level -of service purposes, the county shall measure parkland acres per 1000 population by summing the total county owned park acreage and dividing by the current estimate of unincorporated county permanent population, plus weighted seasonal population. POLICY 1.3: The county shall maintain its concurrency management system, which allows proposed developments only if there is sufficient parkland to serve the proposed development. POLICY 1.4: The county hereby adopts the facility standards identified in Table 10.1 as guidelines to be used in developing parklands. POLICY 1.5: By 20-1-518, the county shall complete a needs analysis of its recreation services. This analysis will include an assessment of the type of parks and facilities needed in Indian River County, the quantity of facilities needed, the location where those facilities are needed, the current use of facilities, and a comparison of county needs to national standards for recreation services, and unique local conditions relevant to recreation services. POLICY 1.6: By 20158 the Recreation Department shall evaluate the existing user fee structure and include full cost recovery for adult programs. POLICY 1.7: By 20167 the Recreation Department shall revise its fee structure for county recreational programs and reservation of county park facilities to include a surcharge for out of county residents. Community Development Department Indian River County 46 180 Comprehensive Plan Recreation and Onen Space Element POLICY 1.8: By 201-28, the Recreation Department shall evaluate the current per capita expenditure in the north and south areas (with S.R. 60 as a dividing line) and utilize the collected data to guide placement of needed park facilities in each area. POLICY 1.9: By 201§8, the Recreation Department shall evaluate new funding options, including privatization and partnerships. POLICY 1.10: By_20137, the Recreation Department shall evaluate new revenue opportunities such as facility naming rights, beach and park concessions, and others. POLICY 1.11: By 20168, the Recreation Department shall evaluate the feasibility of creating a foundation to develop and receive donations for parks capital and infrastructure needs. POLICY 1.12: The county shall continue to charge park and recreation impact fees to fund a portion of the park system's capital budget needs. POLICY 1.13: The Recreation Department shall continue to apply user fees for those facilities and programs where the benefit is quantifiable and where the fee can be effectively implemented. POLICY 1.14: The county shall, as part of its user fee program, develop a method to subsidize recreation user fees for low income residents so that there will be minimal effects of user fees on participation at sites or programs. POLICY 1.15: The county shall identify state and federal recreation grant programs. When applicable, the county shall apply for available grant funds, for recreation facility or program funding. POLICY 1.16: The county shall maintain land development regulations that require certain planned residential development projects to provide recreation areas and facilities that meet the county's recreation level -of -service standards. OBJECTIVE 2: Parklands in the South District By 2020, the county will have 461 acres of parkland south of S.R. 60. POLICY 2.1: By 20138 the county will, based on funding availability, complete remaining improvements identified in the South County Regional Park Master Plan. POLICY 2.2: The county shall, based on funding availability, include active recreation facilities such as baseball fields, basketball courts, tennis courts, jogging trails, swimming pools and others in its future south county parks if those facilities are consistent with the 2012 updated south county regional park master plan. Community Development Department Indian River County 47 181 Comprehensive Plan Recreation and Open Space Element POLICY 2.3: The county shall give parkland acquisition priority to the area south of SR 60, west of 43`d Avenue. OBJECTIVE 3: Parkland Development By 2020, the county will have developed at least 65 percent of its currently undeveloped existing park acreage. POLICY 3.1: By 2020, the county shall complete phase II of the Treasure Shores Park. POLICY 3.2: By 201-58, the county shall develop anew master plan for the fairgrounds, indicating needed facilities and necessary structures. POLICY 3.3: The county shall add facilities to existing parks having undeveloped area. Some parkland will remain undeveloped fora variety of reasons, including environmental, regulatory, and aesthetics. POLICY 3.4: By 201§8, the Recreation Department shall update the North County Regional Park and the South County Regional Park Master Plans. OBJECTIVE 4: Access to Parklands and Recreation Facilities Throughout the time horizon of the plan, all new parks and recreational facilities will be located near population centers and will be handicap accessible. POLICY 4.1: The county shall continue to design all new parks and recreational facilities to provide barrier -free access. POLICY 4.2: The county shall locate new park facilities in close proximity to the population to be served based upon service radius for different park types. POLICY 4.3: The county shall provide vehicular, pedestrian, and bicycle access consistent with the Bikeway/Sidewalk Development Plan to all county owned parks in conjunction with park development. OBJECTIVE 5: Access to Natural Resources Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will be maintained. Community Development Department Indian River County 48 182 Comprehensive Plan Recreation and Ooen Snace Element POLICY 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental Lands Acquisition Program for public access to the county's major natural water resources. POLICY 5.2 : The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon "Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 6: Recreation Pro rams Through the time horizon of the plan, at least 142 recreation programs per year will be provided. POLICY 6.1: The county shall provide supervised recreation activities at all appropriate park sites. POLICY 6.2: The county may allow private leisure and recreation groups to use park areas for recreation programs and activities provided that the following conditions are met: ➢ The area of the park to be used must not currently be in use by the general public or designated for future use on the park master plan; ➢ A lease specifying duration of use, characteristics of use, insurance requirements, and other applicable conditions must be executed by the Board of County Commissioners; ➢ A site plan or temporary use permit must be approved by the planning department; ➢ Any improvements made to the leased site must be done and paid for by the lessee with the improvements conveying to the county when the lease expires. POLICY 6.3: By 20148, the Recreation Department shall conduct a survey to determine the demand for existing recreational programs and to prioritize demand for new programs. POLICY 6.4: The Recreation Department shall annually identify CORE recreation programs, and services as part of its annual budget request. POLICY 6.5: By 20138, the Recreation Department shall establish an automated recreational program system which allows users to reserve park facilities or to sign up for recreation programs online. Community Development Department Indian River County 49 183 Board of County Commissioners May 24, 2016 Comprehensive Plan Text Amendment Comprehensive Plan Amendment Process )DA -1. I $3-A- 1 It Purpose Amend the Text of several elements and a sub -element of the County's Comprehensive Plan to ensure the plans Policies, Objectives, and general text remain up-to-date. • Coordinated with and supported by other departments and IRC Chamber of Commerce: 1. Utilities Department Solid Waste Division 2. Parks and Recreation Division 3. Public Works Department 4. Metropolitan Planning Organization (MPO) 5. Indian River County Chamber of Commerce 5/26/2016 18 3-A- 2 Planning and Zoning Commission Action On April 14, 2016 the PZC voted 5-0 to recommend that the Board Approve the proposed text amendment Proposed Amendment Future Land Use Element: • Policies 4.2, 4.3, 4.4, 9.1, 11.1, and 13.3 • Postpone completion dates • Policy 1.39 — Reduce acreage for designated research/technology/industrial park (SR 60 and 981h Ave) from 665 acres to 301.95 acres due to City of Fellsmere annexations • Policy 6.1— Clarify that utility service extension policies for sites located outside of the County's USA must meet potable water and sanitary sewer policies • Obiective 11, Policies 1.34, 11.1, 11.2, 11.3, & 11.4 - Revise to re -characterize "blighted areas in need of redevelopment" as "areas in need of redevelopment or revitalization" • Text — Remove references to former "Enterprise Zone" & add references/explanation for newly adopted "Enterprise Area" 5/26/2016 183-A- 3 Proposed Amendment Solid Waste Sub -Element: • Policy 4.2 — Evaluating feasibility of establishing mandatory solid waste collection already completed. Add 2022 date for re-evaluating mandatory collection within Urban Service Area • Postpone completion dates • Policies 4.6 and 4.7 (expanding recycling & transferring waste to another regional facility) For policy 4.1- Include food waste as one potential material to be considered in the future for an expanded recycling program Proposed Amendment Transportation Element: • Policy 4.3 & 4.9 — Remove due dates and focus on periodically & annually re- assessing sidewalk and bike improvements • Policy 4.5 - Remove an outdated reference to a federal funding source NEW Policy 4.10— Implement "Complete Streets" principles (sidewalk, bike, inter -modal improvements) for roadway projects • Recommended by MPO and its committees; wording added by staff in coordination with Public Works 5/26/2016 1T3 -A- 4 Proposed Amendment Economic Development Element: • Policies 1.4, 1.10, 2.8, 3.1, & Text — Update references to the Vero Beach "Regional" airport and "CareerSource Research Coast" • Policies 2.5, 2.13, 2.14, 2.17, Objective 4 & Text — Change evaluation frequencies and due dates • Policy 2.1— Reference recently completed target industry study • Policy 2.2 & Text — Remove references to former "Enterprise Zone" & add references/explanation for newly adopted "Enterprise Area" Proposed Amendment Economic Development Element Continued: • Policy 4.1— Change from "establish" a consortium of life sciences to "maintain" • Policy 4.2 — Delete policy, Professional Services Advisory Committee no longer exists • Text — Miscellaneous text edits 5/26/2016 IS3-A- 5 Proposed Amendment Recreation and Open Space Element: • Policies 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.1, 3.2, 3.4, 6.3 and 6.5 • Postpone completion dates Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. ■ A mistake in the approved plan; ■ An oversight in the approved plan; ■ A substantial change in circumstances; or ■ A swap or reconfiguration of land uses at separate sites 5/26/2016 I $3 - A-- 6 5/26/2016 Changed Circumstances • Annexations • Changed state statutes • Changed agency/organization names • Recognition of recent comp plan updates - Potable Water & Sewer • Committee recommendations • Completed studies • Outdated references Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan Text Amendment for transmittal to state and regional review agencies. �D.A. i. Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared Kimberly Piston who on oath says the he/she is Account Manager at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for measuring '10 column inches, was published in the INDIAN iGR PRESS JOURNAL in the issue(s) of ✓%?%�G /� O�/� signature ir title V (-Xpersonally known to me ( )who has produced Sworn to and subscribed before me this 6 -i -A day of )14Ay Notary Public CATHERINE POLICARE MY COMMISSION # FF 028015 a EXPIRES: September 25, 2017 FRF Nd ' Bonded Thru Notary Public Undembfs as identification A.D. °2016 183.6. 1. TC a TREASURE COAST NEWSPAPERS 11 Mnnriav AAava _)n1A"77w• BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT TRANSMITTAL PUBLIC HEARING The Board of County Commissioners ,of Indian River County, Florida, will consider transmittal of an amendment to the text. of .the comprehensive plan to state, and regional review agencies. A public hearing, at which parties in interest and citizens shall, have an opportunity. to be heard, will be held on T_uesday;,May 24,,2016, at 9:00 a.m. in the County Commission Chambers of County Administration Building A, located at, 1801 27th Street; Vero Beach, Florida. The proposed amendment• is -included -in' a :proposed ordinance entitled: AN ORDINANCE OF ' INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE ECONOMIC, DEVELOPMENT, FUTURE LAND USE, RECREATION,AND OPEN SPACE, AND TRANSPORTATION ELEMENTS, AND SOLID =WASTE SUB - ELEMENT OF THE COUNTY'S •COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, - AND EFFECTIVE DATE j (Legislative) } ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION ADOPTING THE PROPOSED AMENDMENT WILL BE- TAKEN' AT' THIS .MEETING. The ' plan amendment application may be in by the public' at the Community Development Department in .County, Administration Building A, located at 1801 27th -Street, Vero Beach; Florida, between the hours of 8:30 a.m. and 5:00 p.m: on weekdays. For, more information, contact, Long Range 'Planning Section at ,(772) 226-1243. t 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', proceedingsis made, which includes -:the testimony and evidence, upon which the appeal.is based. .Anyone who needs a special accommodation -for this meeting must •contact the county's Americans with Disabilities Act Coordinator at (772)`226-1223, at least 48 hours in advance,of the meeting. . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS . By: =s- Bob Solari,�Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 1663, REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102-04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102 07(2)• limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: C) c— ADDRESS: f _ ^`��1v� PHONE: SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES NO YES NO a YES NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES I x I NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR. MEETING DATE: & __�? /R/ A. Baird °?0116 F Woumy Admin',EtecAssOAGENDATublic Discussion Items Form.doc Board Approved I in!06 184 Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAIVE OF INDIVIDUAL OR ORGANIZATION: Louis Schact ADDRESS: 1915 34th Avenue PHONE: 772-559-3978 SUBJECT MATTER FOR DISCUSSION: St . Francis Manor Lease Options IS A PRESENTATION PLANNED? ❑ Yes 1 ® No IS BACK-UP BEING PROVIDED? ❑ Yes 1 No IS THIS AN APPEAL OF A DECISION? ❑ Yes ® No WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Consideration of modifying lease boundaries. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ Yes 1 ® No WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? N/A Transmitted to Administrator Via: _ Interactive Web Form _ E -Mail _ Fax Mail y_ Hand Delivered Phone COUNTY ADMINISTRATOR. MEETING DATE: a. N A. Baird 185 } LPiiiii= orm INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION (� REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAIVE OF INDIVIDUAL OR ORGANIZATION: Louis Schact ADDRESS: 1915 34th Avenue PHONE: 772-559-3978 SUBJECT MATTER FOR DISCUSSION: St . Francis Manor Lease Options IS A PRESENTATION PLANNED? ❑ Yes 1 ® No IS BACK-UP BEING PROVIDED? ❑ Yes 1 No IS THIS AN APPEAL OF A DECISION? ❑ Yes ® No WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Consideration of modifying lease boundaries. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ Yes 1 ® No WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? N/A Transmitted to Administrator Via: _ Interactive Web Form _ E -Mail _ Fax Mail y_ Hand Delivered Phone COUNTY ADMINISTRATOR. MEETING DATE: a. N A. Baird 185 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO:, Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI Community De opment Director FROM: Roland M. DeBlois, AICPVP Chief, Environmental Planning & Code Enforcement DATE: May 16, 2016 RE: Board Consideration of a Proposed Non-exclusive License Agreement with Friends of the Morningside Drive Dock, Inc. to Use and Maintain a Dock on County -owned Land off South Jungle Trail It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of May 24, 2016. DESCRIPTION AND CONDITIONS At the Board of County Commissioners' February 16, 2016 meeting, staff requested direction from the Board concerning an unpermitted dock on county -owned land west of Morningside Drive on south Jungle Trail. The issue was whether or not the County should remove the unauthorized dock or allow the dock to remain, subject to after -the -fact permitting, for limited community use or for general public use. After discussion, with input from residents of Morningside Drive (Riverside Estates), the Board voted to table the matter for 90 days and directed staff to explore what would be entailed to allow the dock to remain as a community dock or for non-exclusive use by the general public (see minutes, Attachment 1 to this report). Since'the February 16 meeting, the newly renovated Jones's Pier dock ±250 feet north of Morningside Drive has been opened to the public. Staff has also met with Riverside Estates residents advocating allowance of the Morningside dock for community use, and with their attorney, Bruce Barkett. Over the past 90 days, Riverside Estates residents in favor of community use of the Morningside dock have: Created a formal non-profit corporation (Friends of the Morningside Drive Dock, Inc.); Submitted a boundary survey with the location of dock structures, showing compliance with applicable setbacks (see Attachment 2); Met on-site with the County Building Official to assess building code compliance issues; 186 • Submitted a proposed list of "dock rules" (see Attachment 3); and • Submitted a proposed non-exclusive license agreement (see Attachment 4). This matter is now being presented for the Board to consider approving the proposed non-exclusive license agreement submitted by Friends of the Morningside Drive Dock, Inc. to allow the group to "construct, maintain, and insure" the dock for use by group members, without excluding use by the general public. ANALYSIS As reported by staff at the February 16 meeting, if the Board is to allow the dock to remain as a community dock for use by Riverside Estates residents, the following items will need to be addressed. • County approval of a lease/license agreement with a community entity (i.e., Friends of the Morningside Drive Dock, Inc.). • Managing access and use: the community entity would be responsible for managing the small- scale facility for subdivision -wide demands. • Liability insurance: a certificate of insurance would be required from the leasing entity, naming Indian River County as an insured under the certificate. • After -the -fact permitting and responsibility for permitting: the currently unpermitted structures would need to be modified and brought into compliance with the Florida Building Code. The established entity would be responsible for managing, designing, permitting, and completing required structural modifications. It was also expressed at the February 16 meeting that, if the Board opted to approve a license agreement for community use of the dock, that use should be "non-exclusive" such that a member of the general public would not be excluded from accessing the dock. Proposed License Agreement To address the issues discussed at the February 16 meeting (summarized above), the proposed license agreement with Friends of the Morningside Drive Dock, Inc. ("Licensee") contains the following provisions: • Dock is for use by Licensee members, but not excluding the general public. • Indian River County named as insured on Licensee's $300,000 liability insurance policy. • Licensee agrees to correct any maintenance deficiencies that may be found under an annual County inspection. • Agreement shall terminate upon disincorporation of Licensee, or upon Licensee's failure to correct any violation of license conditions within a specified timeframe. Friends of the Morningside Drive Dock, Inc. has also submitted proposed "dock rules" that group members would abide by. Although the rules are not specifically referenced in the proposed license agreement, the rules have been provided as an indication of group -imposed allowances and restrictions applicable to group members. 2 187 Staff's position is that the proposed license agreement adequately addresses the Board's concerns raised at the February 16, 2016 meeting, in that the agreement puts responsibility on the Friends of the Dock group to maintain the dock while not excluding the general public. Before the dock is approved for community use, however, the dock needs to be properly permitted and approved by all applicable jurisdictional agencies, including administrative approval from the County Planning Division, and brought into compliance with building code requirements. For that reason, if the agreement is to be approved by the Board, the license agreement should not be executed by the County until the dock is properly permitted and brought up to code (by Friends of the Dock), and passes final inspection conducted by the building division. FUNDING Under the proposed license agreement, cost for repair and permitting of the dock would be borne by Friends of the Morningside Drive Dock, Inc. and not by the County. As such, no county costs are associated with this proposal. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached License Agreement with Friends of the Morningside Side Drive Dock, Inc., to be executed by the Board Chairman only after the dock is properly permitted and brought up to code by Friends of the Dock, and passes final inspection conducted by the building division. ATTACHMENTS 1. BCC 2/16/16 minutes 2. Boundary survey of dock 3. Submitted list of "Dock Rules" 4. Proposed non-exclusive license agreement. APPROVED: FOR: BY: MACode I.R.County Ap Date Admin. 7 IQ (v Legal h /6 —� 'I Budget j' � Dept. Risk Mgr. Q- ,Momingside Drive dock BCC staff rpt 5-24-16.doc B. PUBLIC DISCUSSION ITEMS (As a general rule. public discussion items should be li>Develop itd tmatters which the commission may take action.) 1. Request to Speak from Gifford Economic Council Regarding Historic_ Society Proclamation____61 Deleted C. PUBLIC NOTICE ITEMS 10:15 1• Notice of Schedule ublic Hearing for March 1 2016 a.m. To Consider nding Section 1100.04 of the Code to Remove Reference the Enterprise Zone (Le we) morandum dated February 9, 2016) ______ 62 County Attorney Dylan Reingold read the notice into the record. 11 • /BOUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS 10:16 A. Community Develonment a.m. 1. Board Consideration of an Unauthorized Dock on County -Owned Shoreline Property West of Morningside Drive on South Jungle Trail _(memorandum dated February 8, 2016) 63-73 ----------------------------------------------------- Community Development Director Stan Boling presented a brief history of a small dock located in the Riverside Estates Subdivision (Riverside), south of the Jones's Pier Conservation Area and west of Morningside Drive. He reported that the dock was constructed on County property without permits or approval, but has historically been used by the Riverside residents. Environmental Planning and Code Enforcement Chief Roland DeBlois, through a PowerPoint Presentation, provided further details, and presented three options for the Board to consider with regards to the dock: (1) Removal (2) Retention (after permitting and modifications) for exclusive use of the Riverside community (3) Retention for the General Public Y(after permitting and modifications, including rebuilding to meet American Board of County Commission Meeting Page 5 February 16, 2016 ATTACHMENT I 189 Disability Act [ADA] standards) Chief DeBlois thereafter presented staffs recommendation for removal of the dock. Director Boling noted that a building professional would need to visit the site in order to determine the requirements for upgrading the dock to code. The following speakers urged the Board to leave the dock in place: • Andy Mustapick, 1026 Morningside Drive • Garrett M. Donlin, 1010 Morningside Drive, representing Friends of the Dock • Ryan Padnook, 1055 Morniugside Drive • Bruce Barkett, Esquire, 756 Beachland Blvd., who mentioned a legal precedent from 2010, where County - owned right-of-way was released to the Wauregan Boat Club in Roseland • Susan Hazard-Ramato, 1075 Morningside Drive, who also spoke on behalf of two neighbors The following speaker voiced opposition to leaving the dock in place: • Jay Hauth, 7750 Jungle Trail, presented a slide show and read a letter of opposition from Ray Browning, 1040 Morningside Drive. MOTION WAS MADE by Vice Chairman Flescher, SECONDED by Commissioner Zore, to TABLE this item for 90 days, and direct staff to explore what would be entailed in allowing the dock to remain for public access. Chairman Solari introduced into the record an email from Carolyn Stutt, the Mangrove Garden Foundation, who was opposed to retaining the dock. Commissioner O'Bryan advocated giving the Friends of the Dock 90 days to form a Homeowner's Association (AOA) or other legal entity, with which the County could negotiate a lease for rental of the property. Chairman Solari stated that he would oppose the Motion because the County already has an abundance of conservation lands that are not being maintained properly. Board of County Commission Meeting Page 6 February 16, 2016 190 Further discussion ensued among the Board as Chairman Solari sought and received clarification on the Motion. MOTION WAS AMENDED by Vice Chairman Flescher, SECONDED by Commissioner Zorc, to TABLE this item for 90 days, and direct staff to explore what would be entailed in allowing the dock to remain as: (1) a community dock for Riverside Estates residents; or (2) for non-exclusive use by the general public. Chairman Solari advised the Riverside Estates residents that the Board would expect them to form an HOA (or other legal entity) within 90 days. The Chairman CALLED THE OUESTION and by a 3-2 vote (Commissioners O'Bryan and Solari opposed), the Amended Motion carried. Commissioner O'Bryan voiced his support for community use of the dock. A brief discussion ensued regarding the time frame for the dock at the Jones's Pier Conservation Area to be reopened to public access. The Board CONSENSUS was to direct staff to have the repairs at Jones's Pier completed as soon as possible. The Chairman called a recess at 11:40 a.m., and reconvened the meeting at 11:57 a.m., with all members present. B. Emergency Services None C. General Services None 1. 2. Sandridge Golf Club None 3, Recreation Board of County Commission Meeting Page 7 February 16, 2016 191 —EVW'S T.I.ro I ALL DlKxaIONS Show WILSON ME IN FEET MD DEC— PARTS IKRCOF PROJECT o Rs� pLu }. TNF oR S tH V. OF •1 LIPS YWNIro51 DE DRI. 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PAGE 50 MAINTENANCE RIGHT OF WAY INDIAN RIVER COUNTY PER PLAT BOOK 9 PAGE 40 PUBLIC RECORDS INDIAN RIVER COUNTY LOT I PUBLIC RECORDS R•Sx SS'E f vND I IV}•InM YON14Exi[D LIK rI I[ Iro WI EDGE OF DIRT ROAD MORNINGSIDE DRIVE 70 RIGHT OF WAY Ej.'�-'RWD �� [DOE a< DIRT ROAD / LOT 2-- A I W: Z BASELINE OF JUNGLE TRAIL 0 'MAINTENANCE RIGHT OF WAY PER PLAT BOOK 9 PAGE 40 � INDIAN RIVER COUNTY � S PUBLIC RECORDS p � EAST LINE OF JUNGLE TRAIL > MAINTENANCE RIGHT OF WAY PER PLAT BOOK 9 PAGE 40 WAw WJ OLLI D DATE INDIAN RIVER COUNTY s -le i }SCALE I 10' 2016-0}o YE[1R PUBLIC RECORDS H W p W Z La_ Q Z V � Q o o LL Z Ee d m W Of M T� v� EER c4�6 �i 45 LOT I S 89.54 35•E FOUND I 1/2'IRON MONI PIPE IND CAPI EDGE OF DIRT ROAD MOkNINGSI 70' RIGH EEDGEOFLROAD EDGE OF DIRT ROAD / S RQ•54'35•F R W: Z 0 3� � gP � S p � 7 > WAw WJ OLLI D DATE 1 I s -le i }SCALE I 10' 2016-0}o YE[1R M T� v� EER c4�6 �i 45 LOT I S 89.54 35•E FOUND I 1/2'IRON MONI PIPE IND CAPI EDGE OF DIRT ROAD MOkNINGSI 70' RIGH EEDGEOFLROAD EDGE OF DIRT ROAD / S RQ•54'35•F FRIENDS OF MORNINGSIDE DOCK, INC. DOCK RULES 1. No boat may be moored or docked permanently or for more than 72 hours or 3 consecutive nights at any time. 2. Boats must be maintained in safe and seaworthy condition. 3. When using the mooring facilities, boats must be moored properly, with adequate lines, and be properly fendered so as to protect the dock and adjacent boat(s). 4. Users shall ensure that their boat is pumped free of water and is not in danger of sinking. 5. Users shall ensure that no sewage, oil, gas, refuse or other debris is disposed of at the dock or in the surrounding water. 6. No one is allowed to stay overnight in their boat while at the dock. 7. Boats shall be maintained in a neat and orderly appearance. 8. Docks may not be obstructed by boat covers, storage boxes, loose gear, or other materials. 9. The kayak and canoe racks and the boat slips are reserved for members of Friends of the Morningside Dock, Inc. 10. Use of the facilities is not limited to members of Friends of the Morningside Dock, Inc. 11. The user is responsible for the conduct of its guests. All persons using the facilities must conform to reasonable standards of conduct and behavior, in order that all may enjoy the facilities. The facilities are family oriented and as such, appropriate attire and behavior is required. 12. No person may engage in any type of commercial activity on the property or docks. Commercial activity includes, but is not limited to, selling or demonstrating for sale boats or other property, performing repairs or services for which a fee is charged, carrying passengers for hire, or any other kind of business or trade which is consistent with the private pleasure warranty of standard marine insurance policy. 13. No fuel storage is allowed. ATTACHMENT 3 194 LICENSE AGREEMENT This agreement made and entered into this day of , 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and FRIENDS OF THE MORNINGSIDE DRIVE DOCK, INC., whose mailing address is 1010 Morningside Drive, Vero Beach, Florida 32963, hereinafter "Licensee". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County is the presumptive holder of riparian rights to Indian River Lagoon lying westerly of Morningside Drive and Jungle Trail by virtue of the Road Right -of -Way Deed to Indian River County recorded in O. R. Book 309, Page 179, Public Records of Indian River County, Florida, a copy of which is attached hereto and made a part hereof ("Right -of -Way Property"). 2. Licensee is a non-profit corporation organized by residents of Morningside Drive to construct, maintain, and insure a common dock facility for the personal use of members of the Licensee, without excluding cooperating members of the general public. 3. Licensee has sought permission to utilize the riparian land immediately west of Jungle Trail and the Right -of -Way Property for the construction of a common dock facility as described above. By seeking such permission, Licensee does not waive or concede any riparian rights it might possess. ATTACHMEW 'I 1 195 4. County agrees to allow Licensee to utilize said dock as a common small-scale canoe/kayak dock facility with no more than two motorized vessel moorings for personal recreational use for Licensee and its members and guests, but not excluding the general public. This right shall not be assignable, nor shall Licensee rent the dock to third parties; 5. Licensee agrees to pay County $10.00 plus applicable sales tax commencing on , 2016 and each year thereafter for the right of Licensee and its members and guests to utilize said dock for the purposes stated herein; 6. Licensee agrees to hold County harmless from any damages arising out of the use of County riparian land for the purposes of accessing the Lagoon by any member of Licensee's or occupants' families or their guests. This indemnification shall be by means of an insurance policy naming Indian River County as an additional insured in the amount of $300,000.00 liability insurance; 7. Licensee agrees that no boat maintained at said dock be permitted to be moored or docked for more than 72 hours or 3 consecutive nights at any time. 8. Licensee agrees that the County may make annual inspections of the dock facility licensed. Licensee further agrees to correct any maintenance deficiencies which could have an adverse impact on health or safety within thirty (30) days of notification of any such deficiencies identified by an annual inspection; 2 196 9. The parties agree that this license agreement shall terminate upon disincorporation of the Licensee, at which time any dock improvements under this license shall become the property of County, unless a successor corporation or other entity approved by the County enters into a license agreement for the usage of the dock facility containing covenants and agreements similar to this license agreement within ninety (90) days of disincorporation of Licensee. 10. This license agreement may also be terminated by County if condition 4 or covenants 5, 6, 7 or 8 above are violated and not corrected within the time specified (in covenant 8) or within a reasonable time (covenants 5, 6, and 7). Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River County. Any event of termination shall cause any and all dock improvements to become the property of Indian River County; 11. This license agreement shall be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Witness: printed name: Witness: printed name: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman BCC Approved: FRIENDS OF THE MORNINGSIDE DOCK, INC. By: Garrett M. Donlin, President 3 197 Approved as to form and legal sufficiency: it i m K. Del3raal Deputy County Attorney Approved: Joseph A. Baird County Administrator 198 is -A .l. Consideration of Non-exclusive License Agreement with Friends of the Morningside Dock, Inc. for Use of Dock on County -owned Land Board of County Commissioners May 24, 2016 IqY-R - 1 }; fa t`. hri,.�� m v H�: r,��"'��. Mp}"'i„�w k',�'•i7��:q��';� •,F •�„ �N E V iM t 1 • .j-{�iit r.�`Y T; � �� F{\�Y�.�•}r .gy '�,•' •1:°:i.��.Y `�i2�`'�' �,w °x¢tt�P' �:�,`, r ::t�'��':�;ti5 " u�•:r,�, i .y..�,�+G:,z;3�,� ,. "�s ��.s�',%�i�'°;�"'.iia :'a2'''`•,ri ��{x�d7 "';, •'�'L� "Y,,' �a;,;L' t, di '� .�'' ` La �: •,�'�^°,i°r b•{�,`, 'f'•�5i�•,i'.i p:�� ' a at, ••y. . 3§•iE '� qtr' li,': �� � aid ,a,°�,�'. 'y i t ,`�S�i"1�i d�F' „1 i1' �j �r•�' t •°� 4• '�fad'•i,"fit .{}.'{.' •.?. �� .1�!�'N Sgt sa 6) y ZY •a•h av'• j,iS d4✓,.� 1. ,:�;�yM . IfUyl- uqi G N yg;u Q Y :h y Z•.( cJ d 1y�$}�h+t� F �v .r��'�!"'V.� p�i`�P i ��Ty849+ ••��id': "ii:n>aN,'1'fyti ty'4�,gJ t° _.,,I„ i',•i,',..ii:'�b�:�t •,�:"�;££,�d$�t�r"��'ai•, ...�Y.;r`r, <�s'�'1, � �t;t; ,n r t i,« l�Yr'•'�`�L 6�w,, .i .•.. rai. ,•i.��h�T". M1:i�,. � O N��gU, J•lz i 3. S t�'v SyA'j^1 . > A ,. '�t,!.....�.{� y�r'>' �i�•:a.T.3e'n+b: �R.�.tYo.: aA&raYi.'�:S.tY•t�^•�; w.� .� r Alternatives Discussed at 2/16/16 BCC Meeting: i. Remove the dock and associated structures i. Allow the dock structures to remain (subject to after -the -fact permitting and modifications) for exclusive community use by residences of Riverside Estates 3 Allow the dock structures to remain (subject to after -the -fact permitting and modifications) for non-exclusive general public use IgVA-3 2/16/16 BCC Motion / Direction: . Item tabled for 90 days, staff directed to explore what would be entailed to allow dock for community use or for non-exclusive use by general public Riverside Estates residents advised to form a legal entity for dock to be considered for community use Staff directed to complete repairs to Jones's Pier as soon as possible and open docks to the public Since the 2/16/16 BCC Meeting: . Jones's Pier docks opened to the public Riverside Estates residents have: • Created a non-profit corporation (Friends of the Morningside Dock , Inc.) • Submitted a boundary survey of dock location • Met on-site with County Building Official • Developed "dock rules" for group members • Submitted a proposed non-exclusive license agreement (not excluding general public use) Iq$-A- 4 G06ficate of situ I cemfp Fm t*e records of this dfice that FRIP-PS OF THE MOFIMC-SIDE D(} -M INC :is a corporaicl egzniaeA uciYr the!miz of the S:a:e of Ficrida, fdM decL•osticallp on Mal 13, 2016 The decumeat numtc of this corporation. as Flwooc-19s "I f nhet estify:hat said cerpoiahm hr. uaid all feel due this efuce th:ougl: DececSei 31.2tt16. std its staass is active I fuahcr cefifq that s-1 mT,5ratioa has net filed Amides of Diszc:ution. I furher crfy that this is= electronically tray snitu.A certificate authorized t7 sec:ce 15.16, Florida Stntai, znd au:hrat:, t,d by ffic-de eotedbelea Authcticaao6 Code: 160515151149-002858133MI Gsen under m7 h.d -,i &,,e Gear Seal of the State of ilorida a Tallahassee, the Cqt tsl, this the 1•Lecceemb h7 of Mr• 2416 }u i R'8 hell Bei}Mr 9betrewirp Of €hale 142 -A- 5 �P fi EEff 1 3 .5 �1}^ 'I C � ��.•_ alriia: Qi 431 r0 kw. c a .n Icr3'E} 5 G 01x'4 t;'Ji,V:ir covN riCllC 6fJ%:a LIJ ex z c •:ate .�. Il : lA0>: C DA1vE O c`t. -4T I � f �.r Ci 91i kEi'1P,41 '2 1 cL 4 t'£9 Gt at BLOC.', r rs`3_ iD ..artist RIY_P, <i41:T � Kr*K': O lz - 142 -A- 5 Conditions for Community Dock Use: . A Community entity (Friends of the Morningside Dock) responsible for: • Managing access and use for subdivision -wide demands (but not to the exclusion of general public) • Carrying liability insurance (insuring County) • After -the -fact permitting (managing, desi.9ning, permitting and completing required modifications) Proposed License Agreement: Dock for use by Licensee members, but not excluding general public • County named as insured on Licensee's liability insurance Licensee agrees to correct any maintenance deficiencies per County inspections . Agreement shall terminate upon disincorporation of Licensee, or failure of Licensee to correct violation of license conditions within specified timeframes WI -A - 6 Staff Recommendation: Staff recommends that the BCC approve a revised License Agreement with Friends of the Morningside Dock, Inc., approved by the County Attorney, with two additional sections requiring: • Proof of insurance to be submitted to the County Attorney within 15 days of execution of the agreement, and • Permit(s) obtained and dock improvements brought into building code compliance within 6 months of execution of the agreement. 14 S -A- 7 May 24, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 16, 2016 SUBJECT: Private -Public Partnerships FROM: Tim Zorc Commissioner, District 3 Discussion Item: Request to discuss Florida Statute 287.05712 Private -Public Partnerships and how they could benefit Indian River County. 199 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 10 Select Year: 2015 v Go The 2015 Florida Statutes Title XIX Chapter 287 View Entire PUBLIC PROCUREMENT OF PERSONAL PROPERTY AND Chapter BUSINESS SERVICES 287.05712 Public-private partnerships.— (1) DEFINITIONS.—As used in this section, the term: (a) "Affected local jurisdiction" means a county, municipality, or special district in which all or a portion of a qualifying project is located. (b) "Develop" means to plan, design, finance, lease, acquire, install, construct, or expand. (c) "Fees" means charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to a comprehensive agreement. (d) "Lease payment" means any form of payment, including a land lease, by a public entity to the private entity of a qualifying project for the use of the project. (e) "Material default" means a nonperformance of its duties by the private entity of a qualifying project which jeopardizes adequate service to the public from the project. (f) "Operate" means to finance, maintain, improve, equip, modify, or repair. (g) "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. (h) "Proposal" means a plan for a qualifying project with detail beyond a conceptual level for which terms such as fixing costs, payment schedules, financing, deliverables, and project schedule are defined. (i) "Qualifying project" means: 1. A facility or project that serves a public purpose, including, but not limited to, any ferry or mass transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel supply facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or cultural facility, or educational facility or other building or facility that is used or will be used by a public educational institution, or any other public facility or infrastructure that is used or will be used by the public at large or in support of an accepted public purpose or activity; 2. An improvement, including equipment, of a building that will be principally used by a public entity or the public at large or that supports a service delivery system in the public sector; 3. A water, wastewater, or surface water management facility or other related infrastructure; or 4. Notwithstanding any provision of this section, for projects that involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system, or projects that involve a facility owned or operated by a municipal electric utility, only those projects that the governing board designates as qualifying projects pursuant to this section. 200 http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 16 (j) "Responsible public entity" means a county, municipality, school board, or any other political subdivision of the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or operate a qualifying project. (k) "Revenues" means the income, earnings, user fees, lease payments, or other service payments relating to the development or operation of a qualifying project, including, but not limited to, money received as grants or otherwise from the Federal Government, a public entity, or an agency or instrumentality thereof in aid of the qualifying project. (l) "Service contract" means a contract between a public entity and the private entity which defines the terms of the services to be provided with respect to a qualifying project. (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that there is a public need for the construction or upgrade of facilities that are used predominantly for public purposes and that it is in the public's interest to provide for the construction or upgrade of such facilities. (a) The Legislature also finds that: 1. There is a public need for timely and cost-effective acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, or installation of projects serving a public purpose, including educational facilities, transportation facilities, water or wastewater management facilities and infrastructure, technology infrastructure, roads, highways, bridges, and other public infrastructure and government facilities within the state which serve a public need and purpose, and that such public need may not be wholly satisfied by existing procurement methods. 2. There are inadequate resources to develop new educational facilities, transportation facilities, water or wastewater management facilities and infrastructure, technology infrastructure, roads, highways, bridges, and other public infrastructure and government facilities for the benefit of residents of this state, and that a public-private partnership has demonstrated that it can meet the needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public. 3. There may be state and federal tax incentives that promote partnerships between public and private entities to develop and operate qualifying projects. 4. A procurement under this section serves the public purpose of this section if such procurement facilitates the timely development or operation of a qualifying project. (b) It is the intent of the Legislature to encourage investment in the state by private entities; to facilitate various bond financing mechanisms, private capital, and other funding sources for the development and operation of qualifying projects, including expansion and acceleration of such financing to meet the public need; and to provide the greatest possible flexibility to public and private entities contracting for the provision of public services. (3) PUBLIC-PRIVATE PARTNERSHIP GUIDELINES TASK FORCE.— (a) There is created the Partnership for Public Facilities and Infrastructure Act Guidelines Task Force for the purpose of recommending guidelines for the Legislature to consider for purposes of creating a uniform process for establishing public-private partnerships, including the types of factors responsible public entities should review and consider when processing requests for public-private partnership projects pursuant to this section. (b) The task force shall be composed of seven members, as follows: 1. The Secretary of Management Services or his or her designee, who shall serve as chair of the task force. 2. Six members appointed by the Governor, as follows: a. One county government official. 201 http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Di sp]ay_Statute&Search_St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 10 b. One municipal government official. c. One district school board member. d. Three representatives of the business community. (c) Task force members must be appointed by July 31, 2013. By August 31, 2013, the task force shall meet to establish procedures for the conduct of its business and to elect a vice chair. The task force shall meet at the call of the chair. A majority of the members of the task force constitutes a quorum, and a quorum is necessary for the purpose of voting on any action or recommendation of the task force. All meetings shall be held in Tallahassee, unless otherwise decided by the task force, and then no more than two such meetings may be held in other locations for the purpose of taking public testimony. Administrative and technical support shall be provided by the department. Task force members shall serve without compensation and are not entitled to reimbursement for per diem or travel expenses. (d) In reviewing public-private partnerships and developing recommendations, the task force must consider: 1. Opportunities for competition through public notice and the availability of representatives of the responsible public entity to meet with private entities considering a proposal. 2. Reasonable criteria for choosing among competing proposals. 3. Suggested timelines for selecting proposals and negotiating an interim or comprehensive agreement. 4. If an accelerated selection and review and documentation timelines should be considered for proposals involving a qualifying project that the responsible public entity deems a priority. 5. Procedures for financial review and analysis which, at a minimum, include a cost -benefit analysis, an assessment of opportunity cost, and consideration of the results of all studies and analyses related to the proposed qualifying project. 6. The adequacy of the information released when seeking competing proposals and providing for the enhancement of that information, if deemed necessary, to encourage competition. 7. Current exemptions from public records and public meetings requirements, if any changes to those exemptions are necessary, or if any new exemptions should be created in order to maintain the confidentiality of financial and proprietary information received as part of an unsolicited proposal. 8. Recommendations regarding the authority of the responsible public entity to engage the services of qualified professionals, which may include a Florida -registered professional or a certified public accountant, not otherwise employed by the responsible public entity, to provide an independent analysis regarding the specifics, advantages, disadvantages, and long-term and short-term costs of a request by a private entity for approval of a qualifying project, unless the governing body of the public entity determines that such analysis should be performed by employees of the public entity. (e) The task force must submit a final report of its recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by July 1, 2014. (f) The task force is terminated December 31, 2014. The establishment of guidelines pursuant to this section or the adoption of such guidelines by a responsible public entity is not required for such entity to request or receive proposals for a qualifying project or to enter into a comprehensive agreement for a qualifying project. A responsible public entity may adopt guidelines so long as such guidelines are not inconsistent with this section. (4) PROCUREMENT PROCEDURES.—A responsible public entity may receive unsolicited proposals or may solicit proposals for qualifying projects and may thereafter enter into an agreement with a private entity, or a consortium of private entities, for the building, upgrading, operating, ownership, or financing of facilities. 202 http://www.Ieg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search—St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 10 (a) The responsible public entity may establish a reasonable application fee for the submission of an unsolicited proposal under this section. The fee must be sufficient to pay the costs of evaluating the proposal. The responsible public entity may engage the services of a private consultant to assist in the evaluation. (b) The responsible public entity may request a proposal from private entities for a public-private project or, if the public entity receives an unsolicited proposal for a public-private project and the public entity intends to enter into a comprehensive agreement for the project described in such unsolicited proposal, the public entity shall publish notice in the Florida Administrative Register and a newspaper of general circulation at least once a week for 2 weeks stating that the public entity has received a proposal and will accept other proposals for the same project. The timeframe within which the public entity may accept other proposals shall be determined by the public entity on a project -by - project basis based upon the complexity of the project and the public benefit to be gained by allowing a longer or shorter period of time within which other proposals may be received; however, the timeframe for allowing other proposals must be at least 21 days, but no more than 120 days, after the initial date of publication. A copy of the notice must be mailed to each local government in the affected area. (c) A responsible public entity that is a school board may enter into a comprehensive agreement only with the approval of the local governing body. (d) Before approval, the responsible public entity must determine that the proposed project: 1. Is in the public's best interest. 2. Is for a facility that is owned by the responsible public entity or for a facility for which ownership will be conveyed to the responsible public entity. 3. Has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed on the public in the event of material default or cancellation of the agreement by the responsible public entity. 4. Has adequate safeguards in place to ensure that the responsible public entity or private entity has the opportunity to add capacity to the proposed project or other facilities serving similar predominantly public purposes. 5. Will be owned by the responsible public entity upon completion or termination of the agreement and upon payment of the amounts financed. (e) Before signing a comprehensive agreement, the responsible public entity must consider a reasonable finance plan that is consistent with subsection (11); the project cost; revenues by source; available financing; major assumptions; internal rate of return on private investments, if governmental funds are assumed in order to deliver a cost -feasible project; and a total cash-flow analysis beginning with the implementation of the project and extending for the term of the agreement. (f) In considering an unsolicited proposal, the responsible public entity may require from the private entity a technical study prepared by a nationally recognized expert with experience in preparing analysis for bond rating agencies. In evaluating the technical study, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of external advisors or consultants who have relevant experience. (5) PROJECT APPROVAL REQUIREMENTS.—An unsolicited proposal from a private entity for approval of a qualifying project must be accompanied by the following material and information, unless waived by the responsible public entity: (a) A description of the qualifying project, including the conceptual design of the facilities or a conceptual plan for the provision of services, and a schedule for the initiation and completion of the qualifying project. 203 http://www.Ieg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 10 (b) A description of the method by which the private entity proposes to secure the necessary property interests that are required for the qualifying project. (c) A description of the private entity's general plans for financing the qualifying project, including the sources of the private entity's funds and the identity of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity. (d) The name and address of a person who may be contacted for additional information concerning the proposal. (e) The proposed user fees, lease payments, or other service payments over the term of a comprehensive agreement, and the methodology for and circumstances that would allow changes to the user fees, lease payments, and other service payments over time. (f) Additional material or information that the responsible public entity reasonably requests. (6) PROJECT QUALIFICATION AND PROCESS.— (a) The private entity must meet the minimum standards contained in the responsible public entity's guidelines for qualifying professional services and contracts for traditional procurement projects. (b) The responsible public entity must: I . Ensure that provision is made for the private entity's performance and payment of subcontractors, including, but not limited to, surety bonds, letters of credit, parent company guarantees, and lender and equity partner guarantees. For the components of the qualifying project which involve construction performance and payment, bonds are required and are subject to the recordation, notice, suit limitation, and other requirements of s. 255.05. 2. Ensure the most efficient pricing of the security package that provides for the performance and payment of subcontractors. 3. Ensure that provision is made for the transfer of the private entity's obligations if the comprehensive agreement is terminated or a material default occurs. (c) After the public notification period has expired in the case of an unsolicited proposal, the responsible public entity shall rank the proposals received in order of preference. In ranking the proposals, the responsible public entity may consider factors that include, but are not limited to, professional qualifications, general business terms, innovative design techniques or cost -reduction terms, and finance plans. The responsible public entity may then begin negotiations for a comprehensive agreement with the highest -ranked firm. If the responsible public entity is not satisfied with the results of the negotiations, the responsible public entity may terminate negotiations with the proposer and negotiate with the second -ranked or subsequent -ranked firms, in the order consistent with this procedure. If only one proposal is received, the responsible public entity may negotiate in good faith, and if the public entity is not satisfied with the results of the negotiations, the public entity may terminate negotiations with the proposer. Notwithstanding this paragraph, the responsible public entity may reject all proposals at any point in the process until a contract with the proposer is executed. (d) The responsible public entity shall perform an independent analysis of the proposed public- private partnership which demonstrates the cost-effectiveness and overall public benefit before the procurement process is initiated or before the contract is awarded. (e) The responsible public entity may approve the development or operation of an educational facility, a transportation facility, a water or wastewater management facility or related infrastructure, a technology infrastructure or other public infrastructure, or a government facility needed by the responsible public entity as a qualifying project, or the design or equipping of a qualifying project that is developed or operated, if: 204 http://www.Ieg.state.fl.us/STATUTES/index.cfm?App_niode=Dispiay_Statute&Search St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 16 1. There is a public need for or benefit derived from a project of the type that the private entity proposes as the qualifying project. 2. The estimated cost of the qualifying project is reasonable in relation to similar facilities. 3. The private entity's plans will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project. (f) The responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request, including, but not limited to, reasonable attorney fees and fees for financial and technical advisors or consultants and for other necessary advisors or consultants. (g) Upon approval of a qualifying project, the responsible public entity shall establish a date for the commencement of activities related to the qualifying project. The responsible public entity may extend the commencement date. (h) Approval of a qualifying project by the responsible public entity is subject to entering into a comprehensive agreement with the private entity. (7) NOTICE TO AFFECTED LOCAL JURISDICTIONS.— (a) The responsible public entity must notify each affected local jurisdiction by furnishing a copy of the proposal to each affected local jurisdiction when considering a proposal for a qualifying project. (b) Each affected local jurisdiction that is not a responsible public entity for the respective qualifying project may, within 60 days after receiving the notice, submit in writing any comments to the responsible public entity and indicate whether the facility is incompatible with the local comprehensive plan, the local infrastructure development plan, the capital improvements budget, any development of regional impact processes or timelines, or other governmental spending plan. The responsible public entity shall consider the comments of the affected local jurisdiction before entering into a comprehensive agreement with a private entity. If an affected local jurisdiction fails to respond to the responsible public entity within the time provided in this paragraph, the nonresponse is deemed an acknowledgment by the affected local jurisdiction that the qualifying project is compatible with the local comprehensive plan, the local infrastructure development plan, the capital improvements budget, or other governmental spending plan. (8) INTERIM AGREEMENT.—Before or in connection with the negotiation of a comprehensive agreement, the public entity may enter into an interim agreement with the private entity proposing the development or operation of the qualifying project. An interim agreement does not obligate the responsible public entity to enter into a comprehensive agreement. The interim agreement is discretionary with the parties and is not required on a qualifying project for which the parties may proceed directly to a comprehensive agreement without the need for an interim agreement. An interim agreement must be limited to provisions that: (a) Authorize the private entity to commence activities for which it may be compensated related to the proposed qualifying project, including, but not limited to, project planning and development, design, environmental analysis and mitigation, survey, other activities concerning any part of the proposed qualifying project, and ascertaining the availability of financing for the proposed facility or facilities. (b) Establish the process and timing of the negotiation of the comprehensive agreement. (c) Contain such other provisions related to an aspect of the development or operation of a qualifying project that the responsible public entity and the private entity deem appropriate. (9) COMPREHENSIVE AGREEMENT. - 205 http://wwNv.leg.state.fl.us/STATUTES/index.cfm?App_mode=Dispiay_Statute&Search_St... 5/13/2016 Statutes & Constitution Niew Statutes : Online Sunshine Page 7 of 10 (a) Before developing or operating the qualifying project, the private entity must enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement must provide for: 1. Delivery of performance and payment bonds, letters of credit, or other security acceptable to the responsible public entity in connection with the development or operation of the qualifying project in the form and amount satisfactory to the responsible public entity. For the components of the qualifying project which involve construction, the form and amount of the bonds must comply with s. 255.05. 2. Review of the design for the qualifying project by the responsible public entity and, if the design conforms to standards acceptable to the responsible public entity, the approval of the responsible public entity. This subparagraph does not require the private entity to complete the design of the qualifying project before the execution of the comprehensive agreement. 3. Inspection of the qualifying project by the responsible public entity to ensure that the private entity's activities are acceptable to the public entity in accordance with the comprehensive agreement. 4. Maintenance of a policy of public liability insurance, a copy of which must be filed with the responsible public entity and accompanied by proofs of coverage, or self-insurance, each in the form and amount satisfactory to the responsible public entity and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project. 5. Monitoring by the responsible public entity of the maintenance practices to be performed by the private entity to ensure that the qualifying project is properly maintained. 6. Periodic filing by the private entity of the appropriate financial statements that pertain to the qualifying project. 7. Procedures that govern the rights and responsibilities of the responsible public entity and the private entity in the course of the construction and operation of the qualifying project and in the event of the termination of the comprehensive agreement or a material default by the private entity. The procedures must include conditions that govern the assumption of the duties and responsibilities of the private entity by an entity that funded, in whole or part, the qualifying project or by the responsible public entity, and must provide for the transfer or purchase of property or other interests of the private entity by the responsible public entity. 8. Fees, lease payments, or service payments. In negotiating user fees, the fees must be the same for persons using the facility under like conditions and must not materially discourage use of the qualifying project. The execution of the comprehensive agreement or a subsequent amendment is conclusive evidence that the fees, lease payments, or service payments provided for in the comprehensive agreement comply with this section. Fees or lease payments established in the comprehensive agreement as a source of revenue may be in addition to, or in lieu of, service payments. 9. Duties of the private entity, including the terms and conditions that the responsible public entity determines serve the public purpose of this section. (b) The comprehensive agreement may include: 1. An agreement by the responsible public entity to make grants or loans to the private entity from amounts received from the federal, state, or local government or an agency or instrumentality thereof. 2. A provision under which each entity agrees to provide notice of default and cure rights for the benefit of the other entity, including, but not limited to, a provision regarding unavoidable delays. 3. A provision that terminates the authority and duties of the private entity under this section and dedicates the qualifying project to the responsible public entity or, if the qualifying project was initially dedicated by an affected local jurisdiction, to the affected local jurisdiction for public use. 206 http://vAm.Ieg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 8 of 10 (10) FEES.—An agreement entered into pursuant to this section may authorize the private entity to impose fees to members of the public for the use of the facility. The following provisions apply to the agreement: (a)- The responsible public entity may develop new facilities or increase capacity in existing facilities through agreements with public-private partnerships. (b) The public-private partnership agreement must ensure that the facility is properly operated, maintained, or improved in accordance with standards set forth in the comprehensive agreement. (c) The responsible public entity may lease existing fee -for -use facilities through a public-private partnership agreement. (d) Any revenues must be regulated by the responsible public entity pursuant to the comprehensive agreement. (e) A negotiated portion of revenues from fee -generating uses must be returned to the public entity over the life of the agreement. (11) FINANCING.— (a) A private entity may enter into a private -source financing agreement between financing sources and the private entity. A financing agreement and any liens on the property or facility must be paid in full at the applicable closing that transfers ownership or operation of the facility to the responsible public entity at the conclusion of the term of the comprehensive agreement. (b) The responsible public entity may lend funds to private entities that construct projects containing facilities that are approved under this section. (c) The responsible public entity may use innovative finance techniques associated with a public- private partnership under this section, including, but not limited to, federal loans as provided in Titles 23 and 49 C.F.R., commercial bank loans, and hedges against inflation from commercial banks or other private sources. In addition, the responsible public entity may provide its own capital or operating budget to support a qualifying project. The budget may be from any legally permissible funding sources of the responsible public entity, including the proceeds of debt issuances. A responsible public entity may use the model financing agreement provided in s. 489.145(6) for its financing of a facility owned by a responsible public entity. A financing agreement may not require the responsible public entity to indemnify the financing source, subject the responsible public entity's facility to liens in violation of s. 11.066(5), or secure financing by the responsible public entity with a pledge of security interest, and any such provision is void. (d) A responsible public entity shall appropriate on a priority basis as required by the comprehensive agreement a contractual payment obligation, annual or otherwise, from the enterprise or other government fund from which the qualifying projects will be funded. This required payment obligation must be appropriated before other noncontractual obligations payable from the same enterprise or other government fund. (12) POWERS AND DUTIES OF THE PRIVATE ENTITY.— (a) The private entity shall: Develop or operate the qualifying project in a manner that is acceptable to the responsible public entity in accordance with the provisions of the comprehensive agreement. 2. Maintain, or provide by contract for the maintenance or improvement of, the qualifying project if required by the comprehensive agreement. 3. Cooperate with the responsible public entity in making best efforts to establish interconnection between the qualifying project and any other facility or infrastructure as requested by the responsible public entity in accordance with the provisions of the comprehensive agreement. 207 http://vA-A�,.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 9 of 10 4. Comply with the comprehensive agreement and any lease or service contract. (b) Each private facility that is constructed pursuant to this section must comply with the requirements of federal, state, and local laws; state, regional, and local comprehensive plans; the responsible public entity's rules, procedures, and standards for facilities; and such other conditions that the responsible public entity determines to be in the public's best interest and that are included in the comprehensive agreement. (c) The responsible public entity may provide services to the private entity. An agreement for maintenance and other services entered into pursuant to this section must provide for full reimbursement for services rendered for qualifying projects. (d) A private entity of a qualifying project may provide additional services for the qualifying project to the public or to other private entities if the provision of additional services does not impair the private entity's ability to meet its commitments to the responsible public entity pursuant to the comprehensive agreement. (13) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the expiration or termination of a comprehensive agreement, the responsible public entity may use revenues from the qualifying project to pay current operation and maintenance costs of the qualifying project. If the private entity materially defaults under the comprehensive agreement, the compensation that is otherwise due to the private entity is payable to satisfy all financial obligations to investors and lenders on the qualifying project in the same way that is provided in the comprehensive agreement or any other agreement involving the qualifying project, if the costs of operating and maintaining the qualifying project are paid in the normal course. Revenues in excess of the costs for operation and maintenance costs may be paid to the investors and lenders to satisfy payment obligations under their respective agreements. A responsible public entity may terminate with cause and without prejudice a comprehensive agreement and may exercise any other rights or remedies that may be available to it in accordance with the provisions of the comprehensive agreement. The full faith and credit of the responsible public entity may not be pledged to secure the financing of the private entity. The assumption of the development or operation of the qualifying project does not obligate the responsible public entity to pay any obligation of the private entity from sources other than revenues from the qualifying project unless stated otherwise in the comprehensive agreement. (14) SOVEREIGN IMMUNITY.—This section does not waive the sovereign immunity of a responsible public entity, an affected local jurisdiction, or an officer or employee thereof with respect to participation in, or approval of, any part of a qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project. A county or municipality in which a qualifying project is located possesses sovereign immunity with respect to the project, including, but not limited to, its design, construction, and operation. (15) CONSTRUCTION.—This section shall be liberally construed to effectuate the purposes of this section. This section shall be construed as cumulative and supplemental to any other authority or power vested in or exercised by the governing board of a county, district, or municipal hospital or health care system including those contained in acts of the Legislature establishing such public hospital boards or s. 155.40. This section does not affect any agreement or existing relationship with a supporting organization involving such governing board or system in effect as of January 1, 2013. (a) This section does not limit a political subdivision of the state in the acquisition, design, or construction of a public project pursuant to other statutory authority. (b) Except as otherwise provided in this section, this section does not amend existing laws by granting additional powers to, or further restricting, a local governmental entity from regulating and 208 http://www.leg.state.fl.us/STATUTES/index.cfin?App_mode=Dispiay_Statute&Search—St... 5/13/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 10 of 16 - . . entering into cooperative arrangements with the private sector for the planning, construction, or operation of a facility. (c) This section does not waive any requirement of s. 287.055. History.—s. 2, ch. 2013-223. Copyright © 1995-2016 The Ftorida Legislature • Privacy Statement • Contact Us 209 http://www.Ieg.state.fl.us/STATUTES/index.cfm?App_mode=Dispiay_Statute&Search_St... 5/13/2016 May 24, 2016 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 18, 2016 SUBJECT: Boys and Girls Club and St. Francis Manor Ground Lease FROM: Tim Zorc Commissioner, District 3 Discussion Item: In 2013, the Board of County Commissioners voted to lease the old Jail facility property to the Boys and Girls Club and St. Francis Manor with a goal toward each nonprofit having additional land to build new facilities. The Boys and Girls Club recently completed their new facility and are now essentially 100% built out. St. Francis Manor would like to move forward with their plans for a new facility, but the Communication Tower on the site they received in the land lease renders the area unbuildable due to the tower and the radius around it needed for the support cables. With the Commission's recent surplus designation of the property directly to the south of St. Francis Manor, I would like to discuss modification to the leased property. A swap of the surplus property with the property that St. Francis Manor currently leases would allow for them to move forward with the two buildings that were planned on the site. The Communication Tower's access easement would likely need to be modified, but there are a number of options to allowed continued access. 210 ST. PFRANCISARCEUMANOR C` 17�W�MH AVE. NO IMPROVEMENTS OBSERVED OR RECORDED FOUND 1/2' DIAMETER N 3736'43: W 48.34'(0) REW.WrTH CAP 'CARTER - DIAMETER N 37-09-40 W 48.30'(D) Y. ASSOC FOUND 1/2• w'CARTER ASSOC' 00 S 89'25'42"2' E 25.00' —0 w 32.21'(0) SRC A 5 318- (D) N 06*42-40- W 32.21'(D) N 8928'4Y W 293.DO' W., @7,2 5, 427.'w 77, '-N'87,05140f.`*�77 3 31 S 0705'21 E 21.54' PARCEL "A" O.R.B. 806, PIS 2259 S S 2704'20* W 77AW(D)- f n J%.. miff S 21-48-19- W 77.40'(0) 15' WIDE EASDJENT' OFFXI& RECORDS 8001.1207. PG. 851. LR.00.. FL S 7WI319 W 20.27'(0) S 79'29'20" W 20.33'(D) w OR r �w 9,19 , Oy., -- i , �� -, -p A .180-1 S OCT06'34' W 24.98* ,--S 5(r. 1 4-20-� CITY OF VERO BEACH 172517TH AVE: P.O.B. PARTIAL IMPROVEM&M WERE OBSERVED OR RECORDED O.R.B. 806, PG 59 PARCEL '730.00'(C) S 8T31' 72 S 89'22'00' 30.00'(D) rN IS 2 r It • g II -as LI FL, 2.41,00' R 0) W) ro UU .0 Lp-=:A' FA - 31c 3: ED cui 00 EAST 293.00'— S W4-3:32: E 30.00'(C S W22 00 E 30.00'(D) /a- DIAMETER REW WnN CAP FOUND 3909' OXSOUrA SRC N 89'43'32' W 293.00' SRC 41.50' � 495.47- (D). 495.63' (0) �Ig NI V) P 0 P FOUND 5,Z DIAMETER REWITH CAP Ll rols 3m, P P.O.B. EASEMENT" :(K O.R.B. 1207. PG. 861 P.O.B. O.R.B. ws, PG. 2259 MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Solari, to reject the settlement offer with Mr. Mensing and suspend any further negotiations. Commissioner Solari commented that because the settlement terms and conditions have changed several times, there was not one specific settlement that could be agreed upon today. The Chairman CALLED THE QUESTION, and by a 3-2 vote (Commissioners Flescher and Davis opposed), the Motion carried. B.B. REQUEST FOR LEASE AMENDMENT WITH ST. FRANCIS MANOR Deputy County Attorney Bill DeBraal recalled the Board's decision on January 22, 2013 to grant the request of St. Francis Manor to add to their lease agreement with the County, property on 17'' Avenue (formerly the site of the old jail) that the County declared surplus. He explained that St. Francis Manor would like to use the additional 1.2 acre parcel (excepting the cell tower that is located therein and excluded from the lease) for future expansion. Attorney DeBraal thereafter presented staff's recommendation for the Board to approve and authorize the Chairman to sign the eighth lease amendment and the authorizing resolution. June 4, 2013 MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to approve and authorize the Chairman to execute the Eighth Amendment and Modification of Ninety -Nine Year Lease Agreement with St. Francis Manor of Vero Beach, Florida, Inc., and Resolution 2013-047, approving a Community Interest Eighth Amendment and Modification to Ninety -Nine Year Lease with St. Francis Manor, Inc., for County -owned 14 212 property at 1725 17"' Avenue, all as recommended in the memorandum of May 28, 2013. Commissioner Solari was opposed to the government giving taxpayer land to a nonprofit organization for future use. Vice Chairman Davis clarified with Attorney DeBraal that the County would retain ownership of the subject parcel, which will be added to St. Francis Manor's lease. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner Solari opposed); the Motion carried. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. C. APPROVAL OF FIRST LEASE AMENDMENT AND MODIFICATION FOR BOYS AND GIRLS CLUB OF INDIAN RI VER COUNTY, INC Attorney DeBraal recalled the Board's decision on January 22, 2013, to grant the request of the Boys and Girls Club to add to their lease agreement with the County, property on 17th Avenue (formerly the site of the old jail) that the County has declared surplus. He explained that the Boys and Girls Club would like to use the additional 2.2 acre parcel to create a recreational field for the participants in their program, and that they plan to demolish the existing building on the property at no cost to the County. Attorney DeBraal thereafter presented staff's recommendation for the Board to approve and authorize the Chairman to execute the lease amendment and modification and the authorizing Resolution, and to authorize the County Attorney's office to sign off on the permits associated with the demolition. June 4, 2013 ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, by a 4-1 vote (Commissioner Solari opposed), the Board: (1) approved and authorized 15 213 New Agenda Item Boys and Girls Club and St Francis Manor ground lease Back in 2013 when the commission voted to lease the old Jail facility property to the Boys and Girls Club and St Francis Manor the goal was for each nonprofit to have additional land to build new facilities. The Boys and Girls Club just completed their new facility and they are now essentially 100% built out. St Francis Manor would like to move forward but the Communication Tower on the site they received in the land lease is for the most part rendered un buildable doe to the tower and support cables. With the Commissions recent surplus designation of the property directly to the south of St Francis Manor I would like to discuss could we modify and allocate a portion of that property to replace the property that they received in the prior land lease to accommodate the two buildings they were planning to build. The Communications Tower access easement would likely need to be modified but there is a number of options to accomplish. 214