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HomeMy WebLinkAbout12/01/20206i6RP-t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 1, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. r 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Dan Holloway, Unity of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Joseph H. Earman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 1, 2020 Page 1 of 7 7.A. Municipality Committee Assignments for 2021 Attachments: Memorandum Vero Beach Memorandum Sebastian Memorandum Orchid Memorandum Ind Riv Shores Memorandum Fellsmere Memorandum 7.B. Indian River County Venue Event Calendar Review Attachments: Venue Event Calendar Review 7.C. Revised 'Exhibit "A" for. Miscellaneous Budget Amendment 001 Attachments: Staff Report Exhibit "A" Revised 7.D. Update on Brightline Trains Expenses Attachments: Staff Report Brightline Trains Expenses 7.E. Beach and Shore Preservation Advisory Committee Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 6, 2020 to November 12, 2020 Attachments: Finance Department Staff Report 8.B. Designation of Sole Source Items and Vendors Attachments: Staff Report 8.C. Miscellaneous Budget Amendment 002 Attachments: Staff Report 2020 2021 Resolution Exhibit "A" 8.D. Award of Bid 2020043 - Fencing Contractor Services Attachments: Staff Report Sample Agreement 8.E. Annual Resolution re Signatories Attachments: Staff Report Resolution Certificates For Facsimile Signature December 1, 2020 Page 2 of 7 8.F. Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County Attachments: Staff Report Resolution 8.G. Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County Attachments: Staff Report Resolution 8.H. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published.by the Municipal Code Corporation Attachments: Staff Report 8.I. Lobbyist for 2021 Legislative Session Attachments: Staff Report 2021 Anfield Consulting Agreement 8.J. Appointments to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report J. Anderson Potential Board Member 8.K. Consideration of the Affordable Housing Advisory Committee (AHAC) 2020 Incentives Review and Recommendation Report Attachments: Staff Report 2020 AHAC Incentives Report Resolution AHAC minutes - 10-28-20 Unapproved 8.L. Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2021-2022, 2022-2023, and 2023-2024 Attachments: Staff Report SHIP Summary Proposed 2021-2024 LHAP Resolution LHAP Certification AHAC Minutes - August 26, 2020 AHAC Minutes 10-28-20 - Unapproved December 1, 2020 Page 3 of 7 8.M. Jones' Pier Conservation Area Public Use Improvements - Federally Funded Subaward and Grant Agreement, Project Number 4283-91-R, Agreement Number H0566 Attachments: Staff Report Agreement Grant Form 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie R. Swan re: Reimbursement for Municipal Elections Attachments: Reimbursement for Municipal Elections 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. County Initiated Request to Amend the 5 Year Capital Improvements Program and the Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan for the Period FY 2020/21 - 2024/25 Attachments: Staff Report Application Ordinance with CIE Strike and Underline Version of CIE Exhibit A - CIE 2020 B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing to Consider Shadow Brook Subdivision Water Assessment Project in Indian River County, Florida (Legislative) Attachments: Staff Report 10.C.2. Notice of Scheduled Public Hearing for December 8, 2020 Board Meeting - Quasi -Judicial Attachments: Staff Report 10.C.3. Notice of Public Hearing Scheduled for December 15, 2020 to consider rezoning +/-38.85 acres from CG, General Commercial District, to CRVP, Commercial Recreational Vehicle Park District [RZON-2020010090-87415] (Quasi -Judicial) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS December 1, 2020 Page 4 of 7 11.A. CARES Act Update Attachments: Staff Report CARES Act Phase 3 CARES ACT agreement - Hospital District CARES Act agreement - School Board of IRC CARES Act 2nd Amendment - City of Sebastian 11.11. Policy Revisions - CRF/CARES ACT Housing Mortgage and Rent Payment Program Attachments: Staff Report Policy Revisions CRF CARES Act 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Award of Bid No. 2021012, Phase 1 of Sector 3 (IRC -1925) Beach and Dune Restoration Attachments: Staff Report Sample Agreement APTIM Bid Recommendation Letter 12.G.2. Phase 1 of the Sector 3 Beach and Dune .Restoration Project (IRC1925), APTIM, Work Order No. 2018006-8, Construction Administration Services Attachments: Staff Report APTIM Work Order No 2018006-8 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams December 1, 2020 Page 5 of 7 14.C.1. High Speed Internet and Broadband Attachments: Commissioners Memo Resolution D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting August 18, 2020 15.A.2. Approval of FY 2020/2021 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution Attachments: Staff Report Grant Application IRC Grant Form Resolution B. Solid Waste Disposal District 15.11.1. Waste Management Franchise Agreement Renewal Option Attachments: Staff Report 15.B.2. Generation Study and Rate Analysis by Kessler Consulting, Inc. Attachments: Staff Report Solid Waste 'Generation and Rate Analysis Proposal C. Environmental Control Board 16. ADJOURNMENT December 1, 2020 Page 6 of 7 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 og v.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. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00p. m. December 1, 2020 Page 7 of 7 7A December 1, 2020 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 23, 2020 SUBJECT: Municipality Committee Assignments for 2021 FROM: Edwin J. Offutt Commissioner Assistant, Districts 2 and 3 Attached, please find the committee assignments for each of the five Indian River County municipalities for the year 2021. 5 Attachments CITY OF VERO BEACH COMMITTEE APPOINTMENTS 2020-2021 1. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS This Board meets the first Wednesday of every month at 10:00 a.m. The meetings are held in conference room #3 in the Roger Poitras Annex Building (off of Virginia Avenue). Councilmember Bob McCabe 2. TREASURE COAST REGIONAL PLANNING COUNCIL This Board meets the third Friday of each month at 9:30 a.m. The meetings are held in Stuart, Florida. Councilwoman Honey Minuse 3. COUNTY ECONOMIC DEVELOPMENT COUNCIL (EDC) This Committee meets the third Tuesday each month at 3:30 p.m.. The meetings are held in the first floor conference room at the County Administration Building. Councilmember Bob McCabe 4. TOURIST DEVELOPMENT COUNCIL This Committee meets on an as needed basis. The meetings are held at the County Administration Building. Councilmember Joe Graves 5. METROPOLITAN PLANNING ORGANIZATION (MPO) This Board meets the second Wednesday of each month at 10:00 a.m. The meetings are held in the first floor conference room at the County Administration Building. The City has two full members and one alternate member serving on this Board. Councilmember Honey Minuse (full), Councilmember Rey Neville (full), Robbie Brackett (alternate) 2 6. TREASURE COAST LEAGUE OF CITIES This Board meets the third Wednesday of every other month at 10:30 a.m. at different locations on the Treasure Coast. Councilmember Rey Neville 7. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE This Committee meets the third Monday of each month at 3:00 p.m. in the first floor conference room located in the County Administration Building. Councilmember Robbie Brackett 8. ELECTED OFFICIALS OVERSIGHT COMMITTEE This Committee meets once a year on the second Friday in April at 9:00 a.m. at the County Administration Building. Councilmember Joe Graves 9. COUNTY AFFORDABLE HOUSING COMMITTEE Councilmember Robbie Brackett 1225 Main Street, Sebastian, FL 32958 (772) 388-8215 jwilliams@cityofsebastian.org To: Indian River County Board of County Commissioners & Administration Indian River County School Board Indian River County Supervisor of Elections City of Vero Beach City of Fellsmere Town of Indian River Shores Town of Orchid Treasure Coast Regional Planning Council Sebastian River Area Chamber of Commerce Metropolitan Planning Organization Treasure Coast Regional League of Cities Treasure Coast Council of Local Governments Treasure Coast Regional Planning Council Florida League of Cities From: Jeanette Williams, MMC City Clerk Date: November 19, 2020 RE: Council Organization As a result of the November 3, 2020 General Election, Ed Dodd and Jim Hill were re-elected to CityCouncil. Following the swearing of Council Members Dodd and Hill, last night, City Council re-elected Ed Dodd as Mayor and Jim Hill as Vice Mayor for the upcoming year. Also last night, Council Members reviewed their committee assignments and did not make any changes to their current local and regional board assignments. Attached is a list of the board assignments and Council telephone/e-mail contact information. 4 SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 2020-2021 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Council Member. Christopher Nunn Location: IRC County Admin Building - Rm B1-501 Time: 9:30 am Frequency: Twice per year as scheduled - 3rd Wednesday Secretary: Meighan Alexander - 226-1440 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Fred Jones Alternate: Vice Mayor Jim Hill Location: IRC Admin Building 8 - Vero Beach - Room B1-501 Time: 3rd Monday of Each Month - 3 pm Secretary: Ed Offutt - 226-1919 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY Current Member: City Manager Paul Carlisle Location: 1836 14th Ave, Vero Beach, FL 32960 Time: last Thursday of each month - 9 am Executive Director: Aimee Hill ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Council Member Fred Jones Alternate: Vice Mayor Jim Hill Location: IRC Administration Building B - Vero Beach - Rm B1-501 Time: 3rd Tuesday of Each Month - 3:30 pm Secretary: Meighan Alexander - 226-1440 METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) Current Members: Mayor Dodd & Council Member McPartlan Alternates: Vice Mayor Jim Hill Location: IRC Administration Building 8 - Vero Beach - Rm B1-501 Time: 2nd Wednesday of each month - 10:00 am Secretary/agenda packet: Patti Johnson - 226-1672 MPO Citizen Adv. Comm. Bruce Hoffman (1), Deryl Seemayer (2) Amber Cerda (alt) (1), Judy Bewersdorf (alt) (2) 1St Tuesday of month - 2 pm MPO Tech. Adv. Comm. Lisa Frazier - Planning Position; Paul Carlisle - Engineering Position; Scott Baker - Airport Position 4th Friday of month - 10:00 am MPO Bikepath Comm. Resident Chris McCarthy Quarterly- 2:00 pm 5 ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) (Indian River County) Member (always Mayor): Mayor Dodd Recording Secretary: Ed Offutt 226-1992 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B Time: Meets Annually- 2nd Week in July CITIZENS OVERSIGHT COMMITTEE (COC) (Indian River County) Member: Shannon Davis Norvig Recording Secretary: Ed Offutt- 226-1919 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B - Room B1-501 Time: Meets annually in April PUBLIC SCHOOL PLANNING STAFF WORKING GROUP (PSPSWG) & SCHOOL PLANNING TECHNICAL ADVISORY COMMITTEE (SPTAC) Staff Working Group: Current Member: Dorri Bosworth, Planner Location: County Administration Building Time: 1st week of February and 3'd week of March Recording Secretary: Ed Offutt- 226-1919 Agenda: Maria Bowdren 226-1242 School Planning Technical Advisory Committee: Current Members: Dorri Bosworth Location: County Administration Building Time: as needed Recording Secretary: Ed Offutt - 226-1919 Agenda: Maria Bowdren 226-1242 TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Council Member Christopher Nunn Alternate: Mayor Ed Dodd Location: IRC Administration Building B - Commission Chambers Time: Meets quarterly - 3rd Wednesday - 2:00 pm Secretary: Kim Moirano - 226-1442 TREASURE. COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Mayor Ed Dodd Alternate Member: Vice Mayor Jim Hill Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 1St Wednesday of Month - 10:00 a.m. Chair: Commissioner Peter O'Bryan 6 TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities from Four Counties - Sponsored by FLC) (was formerly Council of Public Officials) Current Member: Mayor Ed Dodd Alternate Member: Council Member Bob McPartlan Location: (changes location _ local restaurants) Time: Meets every other month - usually 3rd Wednesday Executive Director: Pat Christensen TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: Mayor Ed Dodd Alternate: City of Vero Beach Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month - 9:30 A M. (call ahead for any changes) Contact: Phone: 772-221-4060 Fax: 772-221-4067 E -Mail: admin@tcrpc.org MS -IRC and REG BOARDS E 2020-2021 Sebastian City Council All Council mail can be addressed to: City of Sebastian 1225 Main Street Sebastian, FL 32958 Ed Dodd -Mayor term 2020-2022 (772) 539-2083 (City cellphone) edodd(cDcityofsebastian.oral Jim Hill - Vice Mayor term 2020-2022 (772) 217-7603 (City cell phone) ihill(&cityofsebastian.org Fred Jones - Council Member term 9/2020-11/2021 (772) 217-1445 (City cell phone) fionesQcityofsebastian.org Bob McPartlan - Council Member term 9/2020-11/2021 (772) 321-5894 (City cell phone) bmcpartlanCa-)cityofsebastian.orq Chris Nunn - Council Member term 9/2020-11/:2021 (772) 321-6162 (City cell phone) enunnCcDcityofsebastian.org od © 2 0 o. /ƒ / c CL C � k k k 0. CL o o CL o « 2 k e» 6 e e\ R C)— C3) 6 6 E 7�/�f/-t--10 \\/k/\/ u ± E= o±\ \/V) CLW//\/\//\\ —a— a — a— — &— a—a—a — a c o . �( % 0 U D ± c G s • 5 2 U \ < / 0 5 f 9 de $ 0 � 7 \ o a < 0 \ \ u $ 0 o\ / 0 U o § e 0 U o 5 \ e k 0 \ $ » / ° $ 2 / / / / / / / / ) 0 o o u o 0 0 o 0 ca co) = m = _ _ ° @e b @ @ @ @ ° \ \ } U- / \ } > $ ( ( ( o d I ( E E / F $ E \ 2 8 & d Co n : / E « c 2 � & / c2 2 7 00 / 2 o / \ / 7 / u 2 2 2 2 � / � 2 / / 2 0 0 0 2 0 0 0 0 E E > / » ± / / f \ f A %\ < < < $ E 0 2 ■ @ � E E 0 U � �2 / < D D 0 I 0 5 0 3 § § ± � U �. E § 0 $ §— � § yE 0 e 0 £_.>. £0 ?� \0:5 � O t $� ±_ / _0 u . a _> \ 0 k y / E \ § \ o I 2 c ± $ \ » k \ 0 2 £ k / 0 7 k�/$:. f 5 2 k)\ 0 0. � o ƒ/2 u E O �_ c § G o $ / / 2»0 o\ oe £ e = E \} E gbE— E = �a : / ) �£\ /CD 0 / g \` 0 m > = w e * O \{/ 2 2 E =\\ � ƒ \/� E—O m ¢ O E §/& EEƒ w \0 " 0 �( % 0 U D ± c G s • 5 2 U \ < / 0 5 f 9 de $ 0 � 7 \ o a < 0 \ \ u $ 0 o\ / 0 U o § e 0 U o 5 \ e k 0 \ $ » / ° $ 2 / u @ 2 > � �2 / < D D 0 I 0 5 0 3 § § ± � U �. E § 0 $ §— � § yE 0 e 0 £_.>. £0 ?� \0:5 � O t $� ±_ / _0 u . a _> \ 0 k y / E \ § \ o I 2 c ± $ \ » k \ 0 2 £ k / 0 7 k�/$:. f 5 2 k)\ 0 0. � o ƒ/2 u E O �_ c § G o $ / / 2»0 o\ oe £ e = E \} E gbE— E = �a : / ) �£\ /CD 0 / g \` 0 m > = w e * O \{/ 2 2 E =\\ � ƒ \/� E—O m ¢ O E §/& EEƒ w \0 " Indian River Shores Committee Assignments. These are the current committees on which the Town Council participates: Name Primary Alternate Meets (day, frequency) MPO (Metropolitan Brian Foley Chris Hendricks tad Wed. monthly, 10 a.m., Planning Organization) IRC B 1 501. AHAC (Affordable Housing Sam Carroll Mary Alice Smith 3rd Mon. monthly, 3 p.m. Advisory Committee) IRC B 1 501 EDC (Economic Sam Carroll Chris Hendricks 3rd Mon. monthly, 3 p.m., Development Council) IRC BI 501 Beach & Shore Preservation Chris Hendricks Mary Alice Smith 3' Mon. monthly, 3 p.m., Advisory Committee IRC B 1 501 Elected Official Oversight Sam Carroll Mary Alice Smith Irregularly; IRC 131 501 Committee (EOOC1 TCCLG (Treasure Coast Brian Foley Sam Carroll 1St Wed. monthly, 10 a.m., Council Local Gov't.) Ft Pierce TCRLC (Treasure Coast Brian Foley Sam Carroll 3' Wed. monthly, 9:30 Regional League of Cities) a.m., St. Lucie Chamber & rotates in 4 counties May, July, August &October ,TCR CP * (Treasure Coast Brian Foley (Full) Sam Carroll (Full Alt.) 3`d Friday monthly, 9:30 Regional Planning Council) a.m., Stuart FLC — Intergovernmental Sam Carroll Brian Foley Irregularly Relations CoVB Utilities Commission John McCord Brian Foley 3' Wed. Quarterly, City of VB Chambers *TCRPC appointments are on a three-year cycle in which the Town of Indian River Shores is an alternate member the first year, a full member the second year, and off the third year. 10 +ril Joel Tyson, Mayor Mark D. Mathes, City Manager N To: Indian River County Board of County Commissioners & Administration Indian River County School Board Indian River County Supervisor of Elections City of Vero Beach City of Sebastian Town of Indian River Shores Town of Orchid Treasure Coast Regional Planning Council Sebastian River Area Chamber of Commerce Metropolitan Planning Organization Treasure Coast Regional League of Cities Treasure Coast Council of Local Governments Treasure Coast Regional Planning Council Florida League of Cities From: Maria F. Suarez -Sanchez, City Clerk Date: November 20, 2020 RE: Council Organization As a result of the November 31d, 2020 General Election, Joel Tyson, Fernando R. Herrera, and Jessica Salgado were re-elected to City Council. Following'the swearing of Council Members Tyson, Herrera, and Salgado, last night, City Council re-elected Joel Tyson as Mayor, Fernando R. Herrera as Vice Mayor and Jessica Salgado as Mayor Pro Tem for the upcoming year. Also, last night, Council Members reviewed their committee assignments and made a few changes to their current local and regional board assignments. Attached is a list of the board assignments and Council e-mail contact information. 2020-2021 CITY OF FELLSMERE REPRESENTATION /ND/AN R1 VER COUNTY1 REGIONAL- COMMITTEES & ADWSOR Y BOARDS Must be Elected Officials BEACH & SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Inocensia "Ino" Hernandez Alternate: Vice Mayor Fernando Herrera Location: IRC Admin Building B — Vero Beach, Room'B1-501 Time/Frequency: 3:00pm / 3`d Monday of Each Month Secretary: Ed Offutt — 226-1919 ELECTED OFFICIALS OVERSIGHT COMMITTEE (Indian River County) Current Member: Mayor Joel Tyson Location: IRC Admin Building B —Vero Beach Time/Frequency: Meets Annually — 2"d Week in July Secretary: Ed Offutt — 226-1992 Agenda: Maria Bowdren — 226-1242 ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Mayor Pro -Tem Jessica Salgado Alternate: Council Member Inocensia "Ino" Hernandez Location: IRC Admin Building B —Vero Beach, Room B1-501 Time/Frequency: 3:30pm/ 3`d Tuesday of Each Month Secretary: Meighan Alexander — 226-1440 METROPOLT/AN PLANNING ORGANIZATION (Indian River County) Current Member: Council Member Gerald "Jerry" Renick Alternate: Mayor Pro -Tem Jessica Salgado Location: IRC Admin Building B — Vero Beach, Room B1-501 Time/Frequency: 10:00am/ 2"d Wednesday of Each Month Secretary: Patti Johnson — 226-1672 TREASURE COAST REGIONAL LEAGUE OF CITIES (Regional) Current Member: Mayor Joel Tyson Alternate: Council Member Gerald "Jerry" Renick Location: (location changes) Time/Frequency: Meets every other month — usually 3rd Wednesday Executive Director: Pat Christensen TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS (Regional) Current Member: Mayor Joel Tyson Alternate: Council Member Gerald "Jerry" Renick Location: St. Lucie Administration Bldg., 2300 Virginia Avenue, Room 3, Ft. Pierce, FL 34982 Time/Frequency: 10:00am / ls'Wednesday of Month Chair: Commissioner PeterO'Bryan TREASURE COASTREGIONAL PLANNING COUNCIL (Regional) Current Member: Council Member Gerald "Jerry' Renick Location: 421 SW Camden Avenue, Stuart, FL 34994 Time/Frequency: 9:30am/ 3`d Friday of Each Month Contact: Phone: 772-221-4060 • Fax: 772-221-4067 • Email: admin@tcrpc.org 12 Staff Appointments AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: City Manager Mark D. Mathes Alternate: City Planner 1 Nicholas Rojas Location: IRC County Admin Building —Room B1-501 Time/Frequency: 9:30am/ Meets twice per year as scheduled —3rd Wednesday Secretary: Meighan Alexander — 226-1440 EXECUTIVE ROUNDTABLE OF /ND/AN RIVER COUNTY (Indian River County) Current Member: Police Chief Keith Touchberry Location: 183614 th Ave., Vero Beach, FL 32960 Time/Frequency: 9:00am/ last Thursday of each month Secretary: Aimee Hill MPO TECHADVISOR YCOMMITTEE(I n d i a n RiverCounty) Current Member: City Manager Mark Mathes Alternate: City Planner 1 Nicolas Rojas Location: IRC Admin Building B — Vero Beach, Room B1-501 Time/Frequency: 10:00am/ 4"' Friday of Each Month Secretary: Patti Johnson —226-1672 MPOSICYCLEADVISORYCOMMITTEE(I ndian RiverCounty) Current Member: City Planner 1 Nicholas Rojas Alternate: City Manager Mark D. Mathes Location: IRC County Admin Building —Room 61-501 Time/Frequency: 2:00pm/ Quarterly Secretary: Patti Johnson — 226-1672 PUBLIC SCHOOL PLANNING STAFF WORK/NG GROUP (PSPSWG) (Indian River County) Current Member: City Manager Mark D. Mathes Location: IRC County Admin Building Time/Frequency: 111 week of February and 3rd week of March Secretary: Ed Offutt Agenda: Maria Bowdren 226-1242 Citizen Appointments CIT/ZEN OVERSIGHT COMMITTEE Current Member: Resident Yolanda Gomez Location: IRC Admin Building B — Vero Beach, Room B1-501 Time/Frequency: 3:00pm/ Meets Annually in April Secretary: Ed Offutt — 226-1919 Agenda: Maria Bowdren — 226-1242 MPO CIT/ZEN ADVISORY COMMITTEE (Indian River County) Current Member: Resident Clarence Korker Location: IRC Admin Building B — Vero Beach, Room B1-501 Time/Frequency: 2:00pm/ 15` Tuesday of Each Month Secretary: Patti Johnson — 226-1672 All Council mail can be addressed to: City of Fellsmere, 22 S. Orange St., Fellsmere, FL 32948 Joel Tyson Mayor joeltyson@cityoffellsmere.org term 2020-2022 Fernando R. Herrera Vice Mayor fernandoherreraCcr�.cityoffellsmere.org term 2020-2022 Jessica Salgado Mayor Pro Tem jessicasalgado@cityoffellsmere.org term 2020-2022 Inocensia Hernandez Council Member inocensiahernandez@cityoffellsmere.org term 2019-2021 Gerald ".Jerry" Renick Council Member grenick(a)citvoffellsmere.org term 2019-2021 13 G� �ORI9� Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar FREE Covid-193esting, by: TCCH (Treasure Coast Community Health) Dec 2-30 @ IRC Fairgrounds & iG Center Parking Lot: • 8:30 -10:30 am, Mondays at Fairgrounds • 2:30-4:30pm, Fridays at iG Center. "Virtually"Twisted Wednesdays! www.ircrec.com/programs Dec:2 @ ONLINE - with Parks and Recreation: • 6:30pm- Join us on Zoom for a Socially -Distanced Game of Twister! FREE! FREE - Screen On The Green Featuring "ELF" www.ircrec.com/programs Dec 4 @ Fran B. Adams Parks (aka N. County Regional): • 6:30-8:30pm- Enjoy a socially distant 10 x 10 space on the outfield with your family. 33rd Annual Treasure Coast Amateur Championship Golf Tournament Dec 5-6 @ Sandridge: www.sandridgegc.com • 8-11 am.- $125 per player. Contact Bela Nagy for details. Vero Beach Gun Show by Patriot Productions www.patriotproductions.com Dec 5-6 @ IRC Fairgrounds: • 9am-5pm Sat - 10am-4pm Sun. Bocce Ball NOW at the iG! Dec 9 @ iG Center: • 10am: Wednesdays - $2 to play Bocce on the iG Veranda or Wiggins Field. Seated Volley Ball NOW at the iG! Dec 10 @ iG Center: • 9am: Thursdays - $2 to play Volleyball Seated with a Beachball and Pickelball Net. ,/ Virtually Jumpin Jenga Thursdays! www.ircrec.com/programs Dec 10:@ONLINE - with Parks and Recreation: • 6:30pm- Join us on Zoom for a Socially -Distanced Game of Jenga! FREE! Volunteer Days at Jones Pier Conservation Area! Dec 10-11 @ Jones Pier Conservation Area: • 8:30am-2pm: Call Beth Powell to register: 772 226-1873 14 Artistry in Motion Dec 12 @ IRC Fairgrounds: • Dance recital for local dancers to perform. Santa Calling! www.ircrec.com/programs Dec 17 @ Via Phone from the North Pole: 5:30-7:30pm - Register your child 11/30-12/16 for a FREE Ph. call from Santa! Community Office Hours Event Dec 17 @ North IRC Library: • loam- One on one with Commissioner Susan Adams. Holiday Door Decor Contest with Rory The Rec Elf! Dec 21 @ IRC Parks & Recreation Online: www•ircrec.com/programs • Decorate your Door, "Holiday Themed" for a Chance to Win a Pizza Party! "Virtually"Twisted Wednesdays! www.ircree.com/programs Jan 6 @ ONLINE - with Parks and Recreation: 6:30pm- Join us on Zoom for a Socially -Distanced Game of Twister! FREE! Home Show by Patriot Productions Jan 9=10 @IRC Fairgrounds: www.patriotproductions.com • 1 Oam-5pm, SAT & I Oam-4pm SUN: FREE Admission & Parking. "Virtually"Jumpin Jenga Thursdays! www.ircrec.com/programs Jan 14 @ ONLINE - with Parks and Recreation: • 6:30pm- Join -us on Zoom for a Socially -Distanced Game of Jenga! FREE! Vero Beach Gun Show by Patriot Productions Jan Jan 16-17 @ IRC Fairgrounds: • 9am-5pm Sat - 10am-4pm Sun. Community Office Hours Event Jan 21 @ North TRC Library: • I Oam- One on one with Commissioner Susan Adams. FREE -Screen On The Green Featuring "Onward" www.ircrec.com/programs Jan 22 @ Victor Hart Community Enhancement Center on Wilson/Chisolm Field: • 6:30-8:30pm- Enjoy a socially distant 10 x 10 space on the field with your family. Puchstein Antique Show Jan 22-24 @ IRC Fairgrounds: • Details to come! Gala of the Royal Horses! Jan 30-31 @ IRC Fairgrounds: • Details to come! 15 7.c. Informational Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: November 18, 2020 Subject: Revised Exhibit "A" for Miscellaneous Budget Amendment 001 On November 17, 2020, the Board, of County Commissioners approved Miscellaneous Budget Amendment 001. After the resolution was approved, staff discovered a typographical error in "Exhibit "A". Staff has corrected this error in the attached, revised "Exhibit "A" by changing the revenue account from SHIP/Cash Forward -Oct 1St, Account # 123039-389040 to 911 Surcharge/Cash Forward -Oct 1 st, Account # 120039-389040. Attachment: Exhibit "A" revised 16 Resolution No. 2020 Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1 st 001039-389040 $44,396 $0 MSTU Fund/Cash Forward -Oct 1 st 004039-389040 $2,277 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $16,093 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $9,638 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $128,861 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $1,270,530 $0 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $163,549 $0 SHIP/CRF/Cash Forward -Oct 1st 131039-389040 $2,000 $0 CARES Act/Cash Forward -Oct 1st 139039-389040 $32,503 $0 Optional Sales Tax/Cash Forward -Oct 1 st 315039-389040 $467,095 $0 Sandridge/Cash Forward -Oct 1st 418039-389040 $8,390 $0 Bldg Department/Cash Forward -Oct 1st 441039-389040 $2,183 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $687,370 $0 Fleet/Cash Forward -Oct 1st 501039-389040 $26,954 $0 Self Insurance/Cash Forward -Oct 1st 502039-389040 $19,291 $0 Information Technology/Cash Forward -Oct 1 st 505039-389040 $58,701 $0 Total Revenue $2,939,831 General Fund/Human Resources/Software 00120313-068803 $62 $0 General Fund./Parks/Maintenance-Buildings 00121072-034610 $12,480 $0 General Fund/Facilities Mgmt./Maintenance-Buildings 00122019-034610 $31,854 $0 MSTU/iG Facility/Other Machinery & Equip 00411572-066490 $2,277 $0 Impact Fees/ParksNictor Hart Restroom 10321072-066510-18028 $16,093 $0 Secondary Roads/Traffic Controllers 10921441-066510-05017 $8,450 $0 Secondary Road s/E ngi neeri ng/Mai nt-Traffi c Signals 10924441-034670 $1,188 $0 Transportation/R&B/Other Road Material/Supplies 11121441-035390 $18,000 $0 17 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation/Traffic Engineering/Automotive 11124541-066420 $84,092 $0 Transportation/Traffic Engineering/Other Machinery & Equip 11124541-066490 $9,736 $0 Transportation/Stormwater/Other Cont Services -Egret Marsh 11128138-033490-05057 $15,000 $0 Transportation/Stormwater/Other Cont Service -Main Canal 11128138-033490-07026 $2,033 $0 ESD/Fire Rescue/Maint-Buildings 11412022-034610 $4,803 $0 ESD/Fire Rescue/Mant-Heavy Equipment 11412022-034650 $23,526 $0 ESD/Fire Rescue/Automotive 11412022-066420 $1,045,671 $0 ESD/Fire Rescue/Comm Equip -All 11412022-066450 $182,623 $0 ESD/Fire Rescue/Other Machinery & Equipment-PEMT 11412022-033490-20023 $13,907 $0 911 Surcharge/Comm Ctr/Communication Equip 12013325-066450 $71,374 $0 911 Surcharge/Comm Ctr/Geocomm Dispatch PSAP Maps 12013325-066510-20010 $79,857 $0 911 Surcharge/Comm Ctr/Software 12013325-068003 $12,318 $0 SHIP/CRF/Software 13122869-068003 $2,000 $0 CARES Act/Telecom/Other Professional Services 13923419-033190 $655 $0 CARES Act/IS/Other Machinery & Equipment 13924113-066490 $27,150 $0 CARES Act/Telecom/Other Operating Supplies 13923419-053290 $4,698 $0 Optional Sales Tax/Fire Services/Comm Equip 31512022-066450 $44,947 $0 Optional Sales Tax/Parks/Hoise Shuman Park Imp 31521072-066390-18011 $55,671 $0 Optional Sales Tax/Facilities Mgmt/Other Improvements Except Bldgs 31522019-066390 $83,530 $0 Optional Sales Tax/Facilities Mgmt/Other Improvements Except Bldgs 31522019-066510 $17,705 $0 Optional Sales Tax/Facilities Mgmt/New Courtroom Facilities 31522019-066510-12009 - $30,228 $0 Optional Sales Tax/Facilities MgmWoice Over IP 31522019-066510-19026 $189,129 $0 Optional Sales Tax/Facilities Mgmt/JRTC Improvements 31522019-066510-17003 $1,935 $0 Optional Sales Tax/Public Works/Moorhen Marsh 31524338-066510-16018 $14,950 $0 Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $29,000 $0 Sandridge/Golf Maint/Golf Renewal & Replacement 41822172-044698 $8,390 $0 18 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Building Dept/Maint-Auto Equip 441233247-034640 $2,183 $0 Utilities/WW Treatment/Renewal & Replacement 47121836-044699 $11,778 $0 Utilities/WW Treatment/South WWTF 47121836-044699-19526 $196,981 $0 Utilities/Water Production/Other Professional Svcs 47121936-033190 $19,442 $0 Utilities/Water Production/R&R/N. RO Well Rehab 47121936-044699-19540 $150,471 $0 Utilities/Water Production/R&R/N. RO Valve Replacement 47121936-044699-20516 $34,370 $0 Utilities/Sludge/Sludge Facilities Maint 47125736-044810 $5,688 $0 Utilities/Customer Service/Computer Software 47126536-035120 $4,901 $0 Utilities/WW Collection/Replace & Repair 47126836-044699-19545 $122,468 $0 Utilities/Water Dist/Valve Replacement 47126936-044699-19551 $141,271 $0 FleeWeh MainttOther Contractual Services 50124291-033490 $26,954 $0 Self Insurance/Risk/General Liability Ins. 50224619-034530 $19,291 $0 IT/Telecom/Other Professional Services 50523419-033190 $36,850 $0 IT/IS/Computer Software 50524113-035120 $21,851 $0 Total Expense $2,939,831 19 7,7D INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: November 20, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON BRIGHTLINE TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Brightline Trains. Please see the attached document for expenses incurred as of 11/20/20. ATTACHED: • Brightline Trains Expenses through 11/20/20 spreadsheet. 20 Brightline Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million (Budget Amendment) 3/17/2020 Countv Attornev's Office received 000.000 from citizens f8udaet Amendmentl 21 Acct#00110214033110-15023 Legal Services bite- 11/6/2020 Murphy &Walker $319.00 Fees for Legal Services October 2020 Subtotal Expenses FY 20/21 $319.00 9/30/2020 Murphy & Walker $1,073.00 Fees for Legal Services September 2020 9/25/2020 Murphy & Walker $2,719.60 Fees for Legal Services August 2020 8/4/2020 Murphy & Walker $870.00 Fees for Legal Services July 2020 7/13/2020 Murphy & Walker $3,065.00 Fees for Legal Services June 2020 6/9/2020 Murphy & Walker $1,914.00 Fees for Legal Services May 2020 5/15/2020 MoloLamken LLP $100,000.00 Fees for Legal Services April 2020 5/8/2020 Murphy & Walker $4,263.00 Fees for Legal Services April 2020 4/8/2020 Murphy & Walker $11,541.25 Fees for Legal Services March 2020 3/25/2020 Bryan Cave LLP $427.00 Fees for Legal Services February 2020 3/19/2020 MoloLamken LLP $100,000.00 Fees for Legal Services February 2020 3/10/2020 Murphy & Walker $3,178.50 Fees for Legal Services February 2020 2/10/2020 Murphy & Walker $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy & Walker $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy & Walker $13,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker $16,222.00 Fees for Legal Services October 2019 subtotal Expenses FY 19/20 $276,699.85 9/30/2019 Murphy & Walker $19,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP / $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services June & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP - $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker $8,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker $15,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker $13,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker - $9,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP - $26,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP - $16,416.20 Fees for Legal Service -October 2018 subtotal Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 6/13/2018 Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP s $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18, 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept subtotal Expenses FY 17/18 $634,725.58 21 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug &Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 1 ' 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00. Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP .$823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP - $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP . $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP - $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP - $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP - $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS - $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 , ' 7/19/2016 Bryan Cave LLP - - $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP - $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin - $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS - $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP '$81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 _ Bryan Cave LLP $28,871.78 ' Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 - IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* - $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 22 Date 12/30/14 Bryan Cave LLP $79,962.30 - Fees for Legal Services 11/4/2019 Subtotal Expenses FY 14/15 $1,064,319.15 Document Scanning 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services $174.90 Subtotal Expenses FY 13/14 $28,551.80 $373.60 - .Split between 5t.LOcie, Indian River, and Martin Counties Date 5/19/2020 Acct#00110214-033190-15023 Vendor Atlantic Coastal Land Title Amount $85.00 Other Professional Services Note Title Search 11/4/2019 Advanced Data Solutions $1,115.00 Document Scanning $97.32 Subtotal Expenses FY 19/20 $1,200.00 $111.32 11/27/2018 Scripps $92.40 Legal Advertising 11/21/2018 Gail E. Flinn $350.00 Transcription Services $174.90 Subtotal Expenses FY 18/19 $442.40 $373.60 - 9/30 2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request 9/11/2018 Subtotal Expenses FY 17/18 $198.64 9/11/2018 4/28/2017 Martin County 50% reimbursement -$3,380.35 5054 reimbursement - 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,inc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 Kate P. Cotner -Capital Hill All Aboard FL Mtg 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing - - 12/1/2016 Scripps $95.70 Legal Advertising Jet Blue -Dylan Reingold Subtotal Expenses FY 16/17 $18,779.15 - - - 9/30/2016 GK Environmental $5,580.00 $2,420.00 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.8S Shipping 1/25/2016 VB Court Reporting $417.50 IRC vsRogoff [Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing - - - 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records - Subtotal Expenses FY 14/15 $44,810.15 23 Acct#00110214-034020-15023 All Travel Date 4/24/2019 Travel Dylan Reingold-FDFC Meeting on Brightline Amount Notes $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 - SubtotalExpenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Oriando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $2,420.00 23 Date_ 9/30/2017 Delta Air $191.80 Note 9/30/2017 American Airlines $193.20 Notes Work Order 10 EIS 9/30/2017 Jet Blue $168.20. Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $25.00 Work Order 10 EIS 9/30/2017 Bob Solari -travel to.Washington DC $869.98 with OMB,Senator & Congressman & FDOT 11/21/14 Acct#00110111-034020-15023 $6,585.80 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 - Dylan Reingold-travel to Washington DC $753.49 Work Order 13 Noise Monitoring 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa 8/29/14 Subtotal Expenses FY 16/17 - $3,029.76 Work Order 10 EIS 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Total Expenses 20/21 Acct#11124319-033190 Total Expenses 19/20 Other Professional Services Date 7/02/15 Vendor CDM Smith Inc Amount $23,454.00 Notes Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 20/21 $319.00 Total Expenses 19/20 $277,899.85 Total Expenses 18/19 $550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 - $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 11/03/2020 $3,760,206.72 Total Board authorized budget for FY 20/21 - $419,533.15 Total Board authorized budget for FY 19/20• $277,899.85 Total Board authorized budget for FY 18/19 $550,267.12 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 - $870,867.50 Total Board authorized budget for FY 14/15 $1,154,211.26 Total Board authorized budget for FY.13/14 $45,825.80 Total budgeted 13/14-20/21 $4,179,420.87 *Includes $200,000 donation from citizens Remaining Balance $419,214.15 24 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County `Attorney Informational Matters - B.C.0 12.01.20 Ofce of INDIAN RIVER COUNTY YCITREWN111931 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 19, 2020 SUBJECT: Beach and Shore Preservation Advisory Committee ATTORNEY On November 5, 2020, we received notification that Christian Hendricks who was a Board appointee to the Beach and Shore Preservation Advisory Committee has now been chosen as the Town of Indian River Shores appointee. There is now a Board appointee vacancy on the committee. F.•IAttorncyl Christinal GRANICUSIINFORMATIONAL ITEMSI Committeesl201119 BSPAC Vacancy -Resignation -Chris Hendricks.doer JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27t` Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 12, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 6, 2020 to November 12, 2020 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 November 6, 2020 to November 12, 2020. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 401292 11/06/2020 ATKINS NORTH AMERICA INC 5,579.60 401293 11/06/2020 CITY OF VERO BEACH 22,667.00 401294 11/06/2020 AT&T CORP 3,623.68 401295 11/06/2020 BRACKETT FAMILY LIMITED PARTNERSHIP 2,275.00 401296 11/06/2020 GEOSYNTEC CONSULTANTS INC 15,806.46 401297 11/06/2020 FEDERAL EXPRESS CORP 262.31 401298 11/06/2020 TIMOTHY ROSE CONTRACTING INC 57,984.48 401299 11/06/2020 TIMOTHY ROSE CONTRACTING INC 71,627.85 401300 11/06/2020 TIMOTHY ROSE CONTRACTING INC 307,678.42 401301 11/06/2020 FLORIDA POWER AND LIGHT 72,630.21 401302 11/06/2020 FLORIDA POWER AND LIGHT 5,166.28 401303 11/06/2020 FLORIDA POWER AND LIGHT 8,189.48 401304 11/06/2020 FLORIDA UC FUND 19,076.84 401305 11/06/2020 UNITED HEALTH CARE INS COMPANY 27.23 401306 11/06/2020 UNITED HEALTH CARE INS COMPANY 364.23 401307 11/06/2020 AETNA 382.58 401308 11/06/2020 HEALTH FIRST INS CO 41.48 401309 11/06/2020 ALLSTATE 179.14 401310 11/06/2020 HUMANA 662.51 401311 11/06/2020 THE PALMS AT VERO BEACH 2,250.00 401312 11/06/2020 FRANK BLAKE 1,875.00 401313 11/06/2020 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 3,242.42 401314 11/06/2020 SUNCOAST REALTY & RENTAL MGMT LLC 3,700.00 401315 11/06/2020 WELLS FARGO BANK NA 1,829.82 401316 11/06/2020 FLORIDA MEDICAID 80.50 401317 11/06/2020 MELLON 878.00 401318 11/06/2020 MHC OPERATING LIMITED PARTNERSHIP 2,339.43 401319 11/06/2020 FREEDOM HEALTH 340.60 401320 11/06/2020 W&G MAINTENANCE 11,820.00 401321 11/06/2020 PRESTIGE HEALTH CHOICE 73.97 401322 11/06/2020 UNIFIRST CORPORATION 23.61 401323 11/06/2020 SUNSHINE HEALTH PLAN MEDICAID 110.68 401324 11/06/2020 CANARX GROUP INC 8,456.00 401325 11/06/2020 COLE AUTO SUPPLY INC 209.41 401326 11/06/2020 BOWMAN CONSULTING GROUP LTD 742.50 401327 11/06/2020 CHANGE HEALTHCARE LLC 37,696.74 401328 11/06/2020 VISTA OUTDOOR SALES LLC 13.47 401329 11/06/2020 AMERIGAS PROPANE LP 59.42 401330 11/06/2020 HOPPING GREEN & SAMS PA 486.00 401331 11/06/2020 KRONOS SAASHR INC 3.78 401332 11/06/2020 ORCHARD GROVE VENTURE LLC 2,544.00 401333 11/06/2020 STAPLES INC 18.62 401334 11/06/2020 LOWES COMPANIES INC 66.49 401335 11/06/2020 PEOPLEREADY INC 312.00 401336 11/06/2020 TRUE DIGITAL SECURITY INC 19,800.00 401337 11/06/2020 FLORIDA COMMUNITY CARE 197.28 401338 11/06/2020 ROETZEL & ANDRESS 1,813.00 401339 11/06/2020 HOLLY LOWTHER 20.00 401340 11/06/2020 JAMES SHAFER 168.86 401341 11/06/2020 SUNSHINE SAFETY COUNCIL INC 920.00 401342 11/06/2020 BEST WESTERN 92.00 401343 11/06/2020 BEST WESTERN 92.00 401344 11/10/2020 FLORIDA WATER & POLLUTION CONTROL 255.00 401345 11/10/2020 FLORIDA WATER & POLLUTION CONTROL 255.00 401346 11/10/2020 HOLIDAY INN 267.00 401347 11/10/2020 HOLIDAY INN 267.00 401348 11/10/2020 SCOTT REYNOLDS 96.00 401349 11/12/2020 BRIAN FREEMAN 99.64 27 TRANS NBR DATE VENDOR AMOUNT 401350 11/12/2020 PORT CONSOLIDATED INC 486.05 401351 11/12/2020 COMMUNICATIONS INTERNATIONAL 2,772.03 401352 11/12/2020 VERO CHEMICAL DISTRIBUTORS INC 149.45 401353 11/12/2020 RICOH USA INC 173.70 401354 11/12/2020 CHISHOLM CORP OF VERO 1,253.76 401355 11/12/2020 GRAINGER 183.00 401356 11/12/2020 WILD LAND ENTERPRISES INC 5.00 401357 11/12/2020 HACH CO 2,585.42 401358 11/12/2020 KSM ENGINEERING & TESTING INC 1,641.20 401359 11/12/2020 BOUND TREE MEDICAL LLC 184.31 401360 11/12/2020 EXPRESS REEL GRINDING INC 1,239.45 401361 11/12/2020 TIRESOLES OF BROWARD INC 4,338.51 401362 11/12/2020 BAKER & TAYLOR INC 4,368.87 401363 11/12/2020 MIDWEST TAPE LLC 652.23 401364 11/12/2020 VOCELLE & BERG LLP 2,030.00 401365 11/12/2020 CLERK OF CIRCUIT COURT 353.00 401366 11/12/2020 INDIAN RIVER ALL FAB INC 271.92 401367 11/12/2020 FLORIDA ANIMAL CONTROL ASSOC INC 70.00 401368 11/12/2020 FLORIDA FIRE MARSHALS & INSPECTORS 450.00 401369 11/12/2020 ROGER CLEVELAND GOLF INC 2,211.61 401370 11/12/2020 ACUSHNET COMPANY 4,380.95 401371 11/12/2020 INTERNATIONAL GOLF MAINTENANCE INC 990.00 401372 11/12/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 105.23 401373 11/12/2020 TYLER TECHNOLOGIES INC 700.00 401374 11/12/2020 FAMOSO INC 745.50 401375 11/12/2020 TRAFFIC PARTS INC 1,161.96 401376 11/12/2020 CALLAWAY GOLF SALES COMPANY 2,557.76 401377 11/12/2020 FLORIDA POWER AND LIGHT 48,535.90 401378 11/12/2020 FLORIDA POWER AND LIGHT 27,228.92 401379 11/12/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,885.08 401380 11/12/2020 STATE ATTORNEY 11,412.00 401381 11/12/2020 PITNEY BOWES INC 342.74 401382 11/12/2020 JOHN BROWN & SONS INC 3,262.50 401383 11/12/2020 FORESTRY SUPPLIERS INC 54.81 401384 11/12/2020 BRIDGESTONE AMERICAS INC 1,006.83 401385 11/12/2020 SHRIEVE CHEMICAL CO 4,076.47 401386 11/12/2020 GATOR'S SOD INC 595.00 401387 11/12/2020 ECONOLITE CONTROL PRODUCTS INC 1,235.00 401388 11/12/2020 HULETT ENVIRONMENTAL SERVICES 160.00 401389 11/12/2020 MBV ENGINEERING INC 150.00 401390 11/12/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 515.90 401391 11/12/2020 JOHNNY B .SMITH 250.00 401392 11/12/2020 KIST KHUU 5,000.00 401393 11/12/2020 MENTAL HEALTH ASSOCIATION IRC INC 12,388.67 401394 11/12/2020 CHARLES A WALKER 100.00 401395 11/12/2020 BLAIR BURNS 3,750.00 401396 11/12/2020 KWACKS INC 1,149.00 401397 11/12/2020 GEB COMPUTER TRAINING LTD 2,000.00 401398 11/12/2020 DATA TRANSFER SOLUTIONS LLC 7,200.00 401399 11/12/2020 OVERDRIVE INC 987.38 401400 11/12/2020 BERMUDA SANDS APPAREL LLC 1,006.75 401401 11/12/2020 KEITH GROCHOLL 250.00 401402 11/12/2020 THOMAS C QUINA 600.00 401403 11/12/2020 CARROT TOP INDUSTRIES INC 2,276.06 401404 11/12/2020 ALEX MIKLO 100.00 401405 11/12/2020 SAMBA HOLDINGS INC 1,554.32 401406 11/12/2020 TRINOVA -FLORIDA INC 581.12 401407 11/12/2020 COBRA GOLF INCORPORATED 373.41 401408 11/12/2020 SYLIVIA MILLER 81.00 401409 11/12/2020 HAWKINS INC 1,667.50 'r: TRANS NBR DATE VENDOR AMOUNT 401410 11/12/2020 JC CODE & CONSTRUCTION CONSULTANTS INC 95.00 401411 11/12/2020 CATHEDRAL CORPORATION 1,796.00 401412 11/12/2020 UNIFIRST CORPORATION 780.10 401413 11/12/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 407.06 401414 11/12/2020 GOTTA GO GREEN ENTERPISES INC 56.18 401415 11/12/2020 FLORIDA EAST COAST HOLDINGS CORP 9,460.00 401416 11/12/2020 CDW LLC 2,145.00 401417 11/12/2020 COVERALL NORTH AMERICA INC 2,015.00 401418 11/12/2020 COVERALL NORTH AMERICA INC 215.00 401419 11/12/2020 ROBERT O RICHARDSON III 200.00 401420 11/12/2020 FLORIDA BULB & BALLAST INC 1,395.00 401421 11/12/2020 CALVIN GIORDANO & ASSOCIATES INC 16,511.25 401422 11/12/2020 CORE & MAIN LP 264.34 401423 11/12/2020 GLOBAL TRACKING COMMUNICATIONS LLC 1,439.40 401424 11/12/2020 WOERNER AGRIBUSINESS LLC 400.50 401425 11/12/2020 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION$ .44 401426 11/12/2020 E-BUILDER INC 5,145.11 401427 11/12/2020 AMAZON CAPITAL SERVICES INC 722.90 401428 11/12/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 401429 11/12/2020 PIRATE PEST CONTROL LLC 32.00 401430 11/12/2020 AMERIGAS PROPANE LP 1,875.14 401431 11/12/2020 METROPOLITAN COMMUNICATION SERVICES INC 773.50 401432 11/12/2020 JOHN J DRISCOLL 275.00 401433 11/12/2020 DAVID MIKE 125.00 401434 11/12/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 649.64 401435 11/12/2020 NO KILL BEES INC 199.00 401436 11/12/2020 BLUE GOOSE CONSTRUCTION LLC 20,739.83 401437 11/12/2020 LOWES COMPANIES INC 548.52 401438 11/12/2020 CHRIS ZAVESKY 200.00 401439 11/12/2020 DEX IMAGING LLC 300.00 401440 11/12/2020 ROBERT A HUDSON 100.00 401441 11/12/2020 THEODORE SEMI 75.00 401442 11/12/2020 UNIVERSITY OF WEST FLORIDA 12,500.00 401443 11/12/2020 SOURCE MOLECULAR CORPORATION 1,260.00 401444 11/12/2020 AQUATIC WEED CONTROL INC 290.00 401445 11/12/2020 SAUDER MANUFACTURING CO 28,005.99 401446 11/12/2020 RANDALL J STANTON 50.00 401447 11/12/2020 PLANT LIFE FARMS LLC 775.00 401448 11/12/2020 RANDSTAD NORTH AMERICA INC 745.77 401449 11/12/2020 SUNSHINE HOLDINGS FLORIDA LLC 674.50 401450 11/12/2020 NEIL GRIFFIN MARQUIS PLLC 17,687.00 401451 11/12/2020 CHRIST FELLOWSHIP CHURCH 200.00 401452 11/12/2020 NORUL ISLAM 500.00 401453 11/12/2020 CATHY WOODBY HAIR STUDIO INC 5,000.00 401454 11/12/2020 PURITY INVESTMENTS 2 LLC 1,980.00 401455 11/12/2020 SYNGENTA CORPORATION 30,749.00 401456 11/12/2020 UTIL REFUNDS 7.55 401457 11/12/2020 UTIL REFUNDS 33.05 401458 11/12/2020 UTIL REFUNDS 38.92 401459 11/12/2020 UTIL REFUNDS 68.83 401460 11/12/2020 UTIL REFUNDS 37.34 401461 11/12/2020 UTIL REFUNDS 224.21 401462 11/12/2020 UTIL REFUNDS 45.12 401463 11/12/2020 UTIL REFUNDS 79.67 401464 11/12/2020 UTIL REFUNDS 24.81 401465 11/12/2020 UTIL REFUNDS 74.19 401466 11/12/2020 UTIL REFUNDS 79.35 401467 11/12/2020 UTIL REFUNDS 34.96 401468 11/12/2020 UTIL REFUNDS 38.87 401469 11/12/2020 UTIL REFUNDS 72.06 29 TRANS NBR DATE VENDOR AMOUNT 401470. 11/12/2020 UTIL REFUNDS 81.73 401471 11/12/2020 UTIL REFUNDS 79.57 401472 11/12/2020 UTIL REFUNDS 75.49 401473 11/12/2020 UTIL REFUNDS 46.17 401474 11/12/2020 UTIL REFUNDS 34.31 401475 11/12/2020 UTIL REFUNDS 71.74 401476 11/12/2020 UTII, REFUNDS 50.65 401477 11/12/2020 UTIL REFUNDS 79.35 401478 11/12/2020 UTIL REFUNDS 3.06 401479 11/12/2020 UTI, REFUNDS 133.53 401480 11/12/2020 UTIL REFUNDS 33.85 401481 11/12/2020 UTIL REFUNDS 78.39 401482 11/12/2020 UTIL REFUNDS 54.51 401483 11/12/2020 UTIL REFUNDS 12.10 401484 11/12/2020 UTIL REFUNDS 4.07 401485 11/12/2020 UTIL REFUNDS 83.44 401486 11/12/2020 UTIL REFUNDS 11.80 401487 11/12/2020 UTIL REFUNDS 31.23 401488 11/12/2020 UTI, REFUNDS 41.03 401489 11/12/2020 UTIL REFUNDS 22.75 401490 11/12/2020 UTIL REFUNDS 16.97 401491 11/12/2020 UTIL REFUNDS 78.69 401492 11/12/2020 UTIL REFUNDS 74.08 401493 11/12/2020 UTIL REFUNDS 8.96 401494 11/12/2020 UTIL REFUNDS 58.65 401495 11/12/2020 UTIL REFUNDS 38.85 401496 11/12/2020 UTIL REFUNDS 123.82 401497 11/12/2020 UTIL REFUNDS 79.35 401498 11/12/2020 UTII, REFUNDS 52.79 401499 11/12/2020 UTIL REFUNDS 35.18 401500 11/12/2020 UTIL REFUNDS 51.73 401501 11/12/2020 UTIL REFUNDS 85.71 401502 11/12/2020 UTIL REFUNDS 44.14 401503 11/12/2020 UTIL REFUNDS 15.19 401504 11/12/2020 UTIL REFUNDS 2.28 401505 11/12/2020 UTIL REFUNDS 27.36 401506 11/12/2020 UTIL REFUNDS 43.34 401507 11/12/2020 UTIL REFUNDS 261.47 401508 11/12/2020 UTI, REFUNDS 55.14 401509 11/12/2020 UTIL REFUNDS 87.35 401510 11/12/2020 UTIL REFUNDS 67.45 401511 11/12/2020 UTIL REFUNDS 31.08 401512 11/12/2020 UTIL REFUNDS 44.86 401513 11/12/2020 UTI, REFUNDS 58.07 401514 11/12/2020 UTIL REFUNDS 36.94 401515 11/12/2020 UTIL REFUNDS 1.64 401516 11/12/2020 UTI, REFUNDS 47.44 401517 11/12/2020 UTIL REFUNDS 58.31 401518 11/12/2020 UTIL REFUNDS 86.72 401519 11/12/2020 UTIL REFUNDS 56.38 401520 11/12/2020 UTEL REFUNDS 46.52 401521 11/12/2020 UTIL REFUNDS 56.38 401522 11/12/2020 UTIL REFUNDS 36.17 401523 11/12/2020 UTIL REFUNDS 148.07 401524 11/12/2020 UTIL REFUNDS 135.51 401525 11/12/2020 UTIL REFUNDS 29.56 401526 11/12/2020 UTIL REFUNDS 86.19 401527 11/12/2020 UTIL REFUNDS 33.95 401528 11/12/2020 UTIL REFUNDS 74.62 401529 11/12/2020 UTI, REFUNDS 11.62 30 TRANS NBR DATE VENDOR AMOUNT 401530 11/12/2020 UTIL REFUNDS 15.80 401531 11/12/2020 UTIL REFUNDS 151.87 401532 11/12/2020 UTIL REFUNDS 69.89 401533 11/12/2020 UTIL REFUNDS 76.89 401534 11/12/2020 UTIL REFUNDS 2.71 401535 11/12/2020 UTIL REFUNDS 25.38 401536 11/12/2020 UTII, REFUNDS 26.69 401537 11/12/2020 UTIL REFUNDS 65.80 401538 11/12/2020 UTIL REFUNDS 82.14 401539 11/12/2020 UTIL REFUNDS 42.12 401540 11/12/2020 UTIL REFUNDS 9.98 401541 11/12/2020 UTIL REFUNDS 36.49 401542 11/12/2020 UTIL REFUNDS 5.49 401543 11/12/2020 UTIL REFUNDS 60.46 401544 11/12/2020 UTIL REFUNDS 48.00 401545 11/12/2020 UTIL REFUNDS 65.80 401546 11/12/2020 UTIL REFUNDS 84.95 401547 11/12/2020 UTIL REFUNDS 78.61 401548 11/12/2020 UTIL REFUNDS 41.01 401549 11/12/2020 UTIL REFUNDS 178.83 401550 11/12/2020 UTIL REFUNDS 30.34 401551 11/12/2020 UTIL REFUNDS 316.89 401552 11/12/2020 UTIL REFUNDS 42.94 401553 11/12/2020 UTIL REFUNDS 71.06 401554 11/12/2020 UTIL REFUNDS 90.32 401555 11/12/2020 UTIL REFUNDS 29.96 401556 11/12/2020 UTIL REFUNDS 61.18 401557 11/12/2020 UTIL REFUNDS 65.70 401558 11/12/2020 UTIL REFUNDS 29.11 401559 11/12/2020 UTIL REFUNDS 116.88 401560 11/12/2020 UTIL REFUNDS 86.68 401561 11/12/2020 UTIL REFUNDS 79.37 401562 11/12/2020 UTIL REFUNDS 67.18 401563 11/12/2020 UTIL REFUNDS 35.21 401564 11/12/2020 UTIL REFUNDS 7.74 401565 11/12/2020 UTIL REFUNDS 30.79 401566 11/12/2020 UTIL REFUNDS 70.74 401567 11/12/2020 UTIL REFUNDS 78.77 401568 11/12/2020 UTIL REFUNDS 51.56 401569 11/12/2020 UTIL REFUNDS 64.20 401570 11/12/2020 UTIL REFUNDS 49.39 401571 11/12/2020 UTIL REFUNDS 25.12 401572 11/12/2020 UTIL REFUNDS 84.99 401573 11/12/2020 UTIL REFUNDS 52.30 401574 11/12/2020 UTIL REFUNDS 35.84 401575 11/12/2020 UTIL REFUNDS 33.99 401576 11/12/2020 UTIL REFUNDS 44.43 401577 11/12/2020 UTIL REFUNDS 5.83 401578 11/12/2020 UTIL REFUNDS 1,362.30 401579 11/12/2020 UTIL REFUNDS 80.66 401580 11/12/2020 UTIL REFUNDS 39.93 401581 11/12/2020 UTIL REFUNDS 62.30 401582 11/12/2020 PORT CONSOLIDATED INC 1,614.90 401583 11/12/2020 STURGIS LUMBER & PLYWOOD CO 16.12 401584 11/12/2020 VERO CHEMICAL DISTRIBUTORS INC 480.10 401585 11/12/2020 LFI FORT PIERCE INC 1,423.45 401586 11/12/2020 PETES CONCRETE 985.00 401587 11/12/2020 K & M ELECTRIC SUPPLY 6.92 401588 11/12/2020 PUBLIX SUPERMARKETS 6.60 401589 11/12/2020 PUBLIX SUPERMARKETS 53.52 31 TRANS NBR DATE VENDOR AMOUNT 401590 11/12/2020 FAMOSO INC 854.84 401591 11/12/2020 NEXTRAN CORPORATION 110.80 401592 11/12/2020 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 112.00 401593 11/12/2020 ECONOLITE CONTROL PRODUCTS INC 225,776.00 401594 11/12/2020 TRANE US INC 272.00 401595 11/12/2020 CELICO PARTNERSHIP 36.07 401596 11/12/2020 SOUTHERN JANITOR SUPPLY INC 1,059.00 401597 11/12/2020 WOODLAWN MHC LLC 500.00 401598 11/12/2020 JACE CHANDLER & ASSOCIATES INC 1,495.00 401599 11/12/2020 ROSELAND UNITED METHODIST CHURCH 200.00 401600 11/12/2020 LEROY SMITH 25.00 401601 11/12/2020 KWACKS INC 2,033.85 401602 11/12/2020 MURPHY & WALKER P L 2,002.00 401603 11/12/2020 MOORE MOTORS INC 50.75 401604 11/12/2020 NEWSOM OIL COMPANY 447.00 401605 11/12/2020 REHMANN GROUP LLC 40,000.00 401606 11/12/2020 W&G MAINTENANCE 28,129.08 401607 11/12/2020 UNIFIRST CORPORATION 290.71 401608 11/12/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 43.28 401609 11/12/2020 COLE AUTO SUPPLY INC 398.92 401610 11/12/2020 RELX INC 410.00 401611 11/12/2020 STEWART MATERIALS LLC 751.30 401612 11/12/2020 JORDAN POWER EQUIPMENT CORP 1,033.76 401613 11/12/2020 MULLINAX FORD OF VERO BEACH 18.37 401614 11/12/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,452.96 401615 11/12/2020 STAPLES INC 197.14 401616 11/12/2020 LOWES COMPANIES INC 1,245.35 401617 11/12/2020 PEOPLEREADY INC 208.00 401618 11/12/2020 TAGMARSHAL INTERNATIONAL LIMITED 1,021.20 401619 11/12/2020 TOTAL GOLF CART LLC 310.93 401620 11/12/2020 REBECCA SIPLAK 20.00 401621 11/12/2020 RANDSTAD NORTH AMERICA INC 785.54 401622 11/12/2020 PEOPLE READY FLORIDA INC 1,189.50 401623 11/12/2020 ROBERT MAKEMSON 687.50 401624 11/12/2020 SMILE DIRECT CLUB LLC 200.00 401625 11/12/2020 KEALY PROPERTIES LLC 500.00 Grand Total: 1,390,006.76 32 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900872 11/12/2020 900873 11/12/2020 900874 11/12/2020 Grand Total: VENDOR NATIONAL ASSOCIATION OF HOUSING AND CANON FINANCIAL SERVICES INC STAPLES INC AMOUNT 531.30 234.36 717.07 1,482.73 33 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017349 11/06/2020 DEMCOINC 210.72 1017350 11/06/2020 APPLE INDUSTRIAL SUPPLY CO 11.98 1017351 11/06/2020 MEEKS PLUMBING INC 125.00 1017352 11/06/2020 ALLIED UNIVERSAL CORP 7,641.81 1017353 11/06/2020 IRRIGATION CONSULTANTS UNLIMITED INC 551.56 1017354 11/06/2020 NEXAIR LLC 98.95 1017355 11/07/2020 AT&T CORP 2,241.82 1017356 11/07/2020 OFFICE DEPOT INC 457.65 1017357 11/07/2020 COMCAST 263.10 1017358 11/07/2020 WASTE MANAGEMENT INC OF FLORIDA 624.46 1017359 11/12/2020 AT&T CORP 937.47 1017360 11/12/2020 OFFICE DEPOT INC 2,408.83 1017361 11/12/2020 COMCAST 366.85 1017362 11/12/2020 POLYDYNE INC 2,645.00 1017363 11/12/2020 INDIAN RIVER BATTERY 141.45 1017364 11/12/2020 INDIAN RIVER OXYGEN INC 92.50 1017365 11/12/2020 MIKES GARAGE & WRECKER SERVICE INC 515.00 1017366 11/12/2020 DAVES SPORTING GOODS & TROPHIES 60.00 1017367 11/12/2020 CENTER POINT INC 9,243.72 1017368 11/12/2020 IRRIGATION CONSULTANTS UNLIMITED INC 15.91 1017369 11/12/2020 THYSSENKRUPP ELEVATOR CORPORATION 8,472.00 1017370 11/12/2020 METRO FIRE PROTECTION SERVICES INC 748.25 1017371 11/12/2020 SIMS CRANE & EQUIPMENT CO 642.00 1017372 11/12/2020 PROTRANSMASTERS II INC 1,350.93 1017373 11/12/2020 AUTO PARTNERS LLC 6.44 1017374 11/12/2020 GUARDIAN ALARM OF FLORIDA LLC 295.00 1017375 11/12/2020 NEXAIR LLC 31.78 1017376 11/12/2020 EFE INC 1,577.24 1017377 11/12/2020 PACE ANALYTICAL SERVICES LLC 61380.00 1017378 11/12/2020 TOSHIBA AMERICA BUSINESS. SOLUTIONS INC 193.29 1017379 11/12/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 122.66 Grand Total: 48,473.37 34 ELECTRONIC PAYMENTS WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8107 11/06/2020 NATIONAL METERING SERVICES INC 31,724.55 8108 11/06/2020 CITY OF SEBASTIAN 20,500.00 8109 11/09/2020 WESLEY S DAVIS 8,400.00 8110 11/09/2020 RX BENEFITS INC 222,442.08 8111 11/10/2020 ALLSTATE 146.66 8112 11/10/2020 MUTUAL OF OMAHA 8,036.36 8113 11/10/2020 OGILVIE, LIONEL H 6,627.83 8114 11/10/2020 CHARD SNYDER & ASSOCIATES INC 195.00 8115 11/12/2020 WRIGHT EXPRESS FSC 17,419.38 Grand Total: 315,491.86 35 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 20, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Sole Source Items and Vendors BACKGROUND: Many of the key pieces of equipment utilized throughout the County are specialized due to facility design and/or are standardized for consistency of operations. Many of these items are identified as sole brand or sole source, as they are only available from the manufacturer, or one of the manufacturer's authorized distributors. ANALYSIS: On July 16, 2019, the Board declared several items sole source, and enacted a three-year effective term for the designations. Staff have identified additional sole source items that should be added, as well as some modifications to previous sole source items. Additionally, items previously designated as sole source prior to the Board's direction for the status to be effective for only three years are due for review and approval by the Board. The vendors and products requested for sole source are shown in the table on the following pages. 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N � N � O t ♦' CL Y u 3 Y O N L N Q (n m 3 M a o O 4- L aJ m O z O m Q LL Q +.d L N \ Wbo L L N O _ W- +r E m WAD bA Q L 3 > v E Y - +1 U \ 14 -0 Q L Y L= 4 E N bb ca m Q+ Cp -6 Y 0 4-1 L al >, C E 4' pp "O M N i' -0 C CJ U cu N U" Ln T v v 0 N d +L+ 4—' O 0 a N C (� L L O V ai 0 Q L f6 cU .0 Q C\ do L a) V E I E +, +, E E v 3 L Y v L—! a N> M i� v o> L N m v c v CL o o Z E m e 3 o N T X C =-L 3 p J U aJ Q a) .L N L Q E t M O Q vi 0 N 3 ++ U 3 V L Q Q W u U a Y C U L 3-p -p L += m O L C L® 'D O D y" 0 t6 y Q m +.+ a! 4. oA 3 w 03La 0 cu a Q. d0 i Y Q E Y= O Y a N Y Q Ur ZU z L C (: m 2 L J =)+d O a cu a) 0 3 4-1 f�6 X 3 Y O N L Ln Ln 3 L p 3 f�6 V) U L � < Nc0 ,O Ln > O E L a) U T a) X a)1� m-� C W L SOURCE OF FUNDS: Funds for these purchases and repairs will vary depending on the department, item use and location. RECOMMENDATION: Staff recommends the Board of County Commissioners declare the listed vendors and products as sole source, and authorize the Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as funding is approved by the Budget Department. 45 a: c. Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: November 18, 2020 Subject: Miscellaneous Budget Amendment 002 Description and Conditions 1. Each year it becomes necessary to "roll over" certain expenses to the current fiscal year. Several purchases that were initiated on fiscal year 2019-20 purchase orders were not received or completed prior to September 30, 2020. Exhibit "A" appropriates funding for these projects from fiscal year 2019-20 to fiscal year 2020-21 for an amount not to exceed $786.00. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget. 46 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 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 2020-2021 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 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2020. Attest: Jeffrey R. Smith Clerk of Court and Comptroller By Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATT NEY Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 002 Entry Type Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue MSTU/Cash Forward -Oct 1st 004039-389040 $786 $0 Expense MSTU/iG Facility/Institutional Supplies 00411572-035250 $786 $0 48 2q D, INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 17, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2020043 — Fencing Contractor Services BACKGROUND: The Parks Division requested the solicitation of bids to provide fencing services for conservation areas and other public lands. The County currently manages and maintains more than 2,500 acres and 26 conservation areas and more than 42 parks. Multiple parks and conservation areas have or require new and replacement fencing. The conservation lands program currently has four separate fence projects that include repairs and new fencing for large parcels that would individually require a separate bid, if an annual contract is not in place. Additionally, storm events frequently leave damage to fencing, which need to be replaced. The Parks Division coordinated with the Public Works and Utilities Departments to incorporate fencing elements that would be relevant to their facilities/sites into the bid. There is no existing contract for the work. The term of award is three years, with two one-year renewals available, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: August 9, 2020 September 1, 2020 330 Subscribers 8 Vendors 2 Vendors Firm Location A Great Fence, LLC Port St. Lucie A & B Fence Company, LLC Palm Bay 49 ANALYSIS: The bid included 566 items to be priced per unit to enable a wide variety of scenarios, including different fence materials and heights. Although A&B Fence Company, LLC ("A&B") provided pricing on 407 items, with an average price of $1,613 per item and A Great Fence, LLC ("A Great Fence") submitted pricing on 558 items, with an average price of $2,281 per item, A&B's pricing on posts and other items that will be necessary on each project was substantially higher. For clarification, both vendors were asked to price out a sample project (square parcel, 1,000 feet on all sides with two 10 -foot single swing gates), with the quotes below. Firm Price for 6 -foot chainlink fence J Price for 4 -foot field fence A Great Fence, LLC $20,782.50 $16,343.50 A & B Fence Company, LLC $29,638.58 $63,538.39 The department determined it would be unlikely to utilize A&B Fence Company at their submitted pricing. The bid submitted by A Great Fence, LLC was found to be comparable and more competitive. to recent quotes obtained for other fence projects. The Parks Department has identified A Great Fence as the lowest, responsive and responsible bidder for the fencing work and has recommended award to them. SOURCE OF FUNDS: The estimated current fiscal year projects are outlined in the Parks -Conservation Lands operating and capital budgets in the General Fund. Other divisions and departments may utilize the awarded bid for fencing purposes related to their facilities and sites, thus various accounts may be utilized throughout the duration of the agreement term. RECOMMENDATION: Staff recommends the Board award bid 2020043 to A Great Fence. Staff also recommends the Board approve the sample agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency, and after approval of the required insurance by the Risk Manager. Attachment Sample Agreement 50 Sample Agreement THIS AGREEMENT is by.and between INDIAN RIVER COUNTY, a Political Subdivision of the State of -Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and A Great Fence, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.1 Fencing services provided by the CONTRACTOR for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY, typically in the form of Purchase Orders. Work Orders shall be performed in a timely, efficient; cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONTRACTOR; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the -terms of this Agreement. 1.2 Wheneverthe term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONTRACTOR by which the COUNTY accepts CONTRACTOR's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONTRACTOR must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONTRACTOR and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONTRACTOR will receive during the term of this Agreement. 51 ARTICLE 2 —TERM 2.1 The term of the agreement is three years with two additional one-year renewals available, subject to contractor performance, mutual agreement and determination that renewal is in the best interest of the County. ARTICLE 3 — INDEMNIFICATION 3.1 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent .caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 4 - CONTRACTOR'S REPRESENTATIONS 4.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contract Documents are generally'sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 5 - CONTRACT DOCUMENTS 5.1 The Contract Documents consist of the following: A. This Agreement (pages 1 to 11, inclusive); B. Work Orders/Purchase Orders C. Certificate(s) of Liability Insurance D. Invitation to Bid 2020043 E. CONTRACTOR'S Bid Form (pages 15 to 24 of 43, inclusive); F. Drug Free Workplace Form (page 25 of 43, inclusive); G. Affidavit of Compliance (page 26 of 43); H. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 27 to 28 of 43, inclusive); 52 I. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 29 of 43); J. Certification Regarding Lobbying (page 30 of 43); K. Individual Work Orders; L. Public Construction Bond(s); M. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 1. Written Amendments;. 2. Work Change Directives; 3. Change Order(s). ARTICLE 6 - MISCELLANEOUS 6.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 6.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 6.3 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 6.4 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or partthereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 53 6.5 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 6.6 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in.a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C.. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 54 ARTICLE 7 — FEDERAL CLAUSES 7.1 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 55 B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable forthe unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in.the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal Emergency Management Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, .in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Energy Policy and Conservation Act: The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)'The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment: Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee.of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any.Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we bsite, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA - designated items is available at http://www.epa.gov/cpg/products.htm. I. Access to Records: The following access to records requirements apply to this contract: 57 (1) The contractor agrees to provide OWNER, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance, if available, will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. N. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 8: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5), if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at anytime and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 59 OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 60 This Agreement will be effective on 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 61 Exhibit 1— Pricing 62 2020043 Fencing Contractor Services Bid - Final i In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following prices, including all materials, labor, transportation and installation: Page 17 of 43 63 1"vsf�".�'aI ' �ZS Y4Y4XY�Rh�.UX Fh.8 -1 i..lNd� -a,',M wT lA'%S.,~'v. ..s. .t•.+a�+w-. khv r�`. +d ��..h...:: l.. "�u t � f'u��'';%',�a. nita�e ,� � ' �� •� ,��nit price � �� UnUUK a - Unit pr�cea .7 ,� x �a� � SGA VANIZED UINYIs`1COAv7ED �� ���- �r Ea 7� � - M ITEM FENCING FABRIC PER LF PER LF PER LF PER LFµ 1 Up to100 LF $ 20.00 1 $ 22.00 $16.00 $15.00 2 101 - 1,000 LF $18.00 $ 20.00 $15.00 $14.00 3 1,001- 2,500 LF $16.00 $18.00 $14.00 $13.00 4 2,501- 5,000 LF $15.00 $17.00 $13.00 $12.00 5 Over 5,000 LF $15.00 $17.00 $13.00 $12.00 ME xi=M. -' ' Via; pe EA ,, per.EA.�PerEA�peE'A�.s�I 6 7 End Post with Hookup Corner Post with Hookup $ 81.50 $114.50 $ 160.00 $ 180.00 h :� s 8 Brace and Truss Assembly $150.00 $150.00 9 4-5" X 7' Round Terminal *c�;v a °' a $200.00 $200.00 10 3.5-4" X 7' Round Line a� $150.00 $150.00 $ 200.00 $ 200.00 11 Top/Brace/Bottom Rail u i $150.00$150.00 12 Gate Mount .t=, . °:w;. �`ia " "'!"",.,+ �',;: G_A�ES '1'N�L_E�SW1NGs� .x:w,� wz" . �' P;,. xntc�..t - ped EAS .�'�per�EA,�_ T�.per,�"EA..;��� .r:m' �• r yi-3 �i ^u mac..,^ +',.� `'er EA• �• 13 4 Ft. Wide Gate Opening $500.00 $600.00 $500.00 $500.00 14 5 Ft. Wide Gate Opening $600.00 $700.00 $600.00 $600.00 15 6 Ft. Wide Gate Opening $ 700.00 + $ 800.00 $ 700.00 $ 700.00 16 8 Ft. Wide Gate Opening $800.00 $900.00 $800.00 $800.00 17 10 Ft. Wide Gate Opening $1000.00 $1100.00 $1000.00 $1000.00 18 12 Ft. Wide Gate Opening $ 1200.00 $1300.00 $1200.00 $1200.00 GATES DOrU6`L WING >t . r a -Y PeriEAH: MI.er EAS �?'Pe 19 6 Ft. Wide Gate Opening $ 900.00 $1000.00 $ 900.00 $ 900.00 20 8 Ft. Wide Gate Opening $1100.00 $1300.00 $1100.00 $1100.00 21 10 Ft. Wide Gate Opening $1300.00 F $1500.00 $1300.00 $1300.00 22 12 Ft. Wide Gate Opening $1500.00 $1700.00 $1500.00 $1500.00 23 16 Ft. Wide Gate Opening $1700.00 $1900.00 $1700.00 $1700.00 24 20 Ft. Wide Gate Opening $3600.00 $2800.00 $2600.00 $2600.00 25 24 Ft. Wide Gate Opening $ 3200.00 $ 3400.00 $ 3200.00 $ 3200.00 26 32.Ft. Wide Gate Opening $ 3600.00 $ 3800.00 $ 3600.00 $ 3600.00 G�ATES�,�,.� NGL�f�ROLL`,,�;�� � ` ��.���P�...�E.. �.:,.;�","� w�...;aper,A��'����°,��a�'��.`'�• ��`����,�P°� 27 28 16 Ft. Wide Gate Opening 20 Ft. Wide Gate Opening $ 2200.00 $ 2600.00 $ 2400.00mogg, $ 2800.00 ^v'� `"� _ . . , •: - -� ." .. � ,E �5iXfs •' r�;, .� s, fi ,3 29 24 Ft. Wide Gate Opening $ 3000.00 $ MOMr.r 30 30 Ft. Wide Gate Opening $ 3900.00 $ 4100.00`" _ _. � SI GL5r( r11EVEti ' er EAS",.,, �'• er E * MIMICS - ��p � 31 16 Ft. Wide Gate Opening $ 4800.00 1 $ 5000.00 32 20 Ft. Wide Gate Opening $5200.00 $5400.00 a s f ss.v 33 24 Ft. Wide Gate Opening $5600.00 $ 5800.00 34 30 Ft. Wide Gate Opening $6400.00 $6600.00 Page 17 of 43 63 2020043 Fencing Contractor Services Bid - Final G7 ES -'ADO` LROLI.� . 't�nifprice(r<Erfl►) ce per"EA )� A ' :A . ri.. • ft,, � �. �� A�ANIZE�:�� �,•U,,�NYL`COSATg 35 24 Ft. Wide Gate Opening $4000.00 $4400.00 36 32 Ft. Wide Gate Opening $ 4400.00 $4800.00 37 40 Ft. Wide Gate Opening $ 5800.00 $ 6200.00 38 60 Ft. Wide Gate Opening p g $ 9300.00 ,• s -.�; dal A' 5 OUB0CA ,0y11E�/ MI RMORM •per EA 39 24 Ft. Wide Gate Opening . $ 9600.00 $ 10,000.00`x° $19.00 40 32 Ft. Wide Gate Opening $10,400.00 $10,800.0 $ 3.. . 41 40 Ft. Wide Gate Opening $11,200.00 $ 12 000.00 Ct 42 60 Ft. Wide Gate Opening $13,800.00 $14,200.00 rn E, IP-,pWERMW iPOTl;,krsXKNE, 1 y, k 1Y �k'•R"� 3>' =±� f. `R; moi' NINE, �� ..� n4 ;;oo3H ighen`cing.`' °' : _ r ' G�A�I UANIZED lyyl(VY,LCOAT�ED FIELD �j �a `'FIE�D`j% j h ,SAy��r<.dYT"��.r 'X� �'��R��:Dc��'�,n�'� FENCING FABRIC Per LF Per LF Per LF Per LF 43 Up•to 100 LF $ 20.00 $ 22.00 $18.00 $17.00 44 101- 1,000 LF $18.00 $ 20.00 $16.00 $15.00 45 1,001- 2,500 LF $17.00 $19.00 $15.00 $14.00 46 :2,501- 5,000 LF $16.00 $18.00 $14.00 $13.00 47 Over 5,000 LF $16.00 $18.00 $14.00 $13.00 rn E, IP-,pWERMW iPOTl;,krsXKNE, .R r a7s- A , �r�• �101 48 49 50 'End Post with Hookup Corner Post with Hookup Brace and Truss Assembly$ .$120.00 $140.00 80.00 $ 140.00"° $ 160.00 $ 86.00 , i t111 NINE,, 1 e: t - 1 �? Ism ,-, N.., - 51 52 53 54 4-5" X 7' Round Terminal 3.5-4" X 7' Round Line 4-5 X 81 Top/Brace/Bottom Rail Gate Mount �s s ..��' ti . �� ;; �'= s � - t�:Nl.'y '" : ?. ' :,s , `` $ 200.00 $ 200.00 $150.00 $150.00 $150.00 200.00 200.00 $150.00 $150.00 `' �6A°TE_S k51_I�`GLE S1AllNG � der A seer E_A � ; Per ESA � Per EA' *to I$ 55 4 Ft. Wide Gate Opening $ 600.00 $ 700.00 $ 600.00 $ 600.00 56 5 Ft. Wide Gate Opening $ 700.00 $ 800.00 $ 700.00 $ 700.00 57 6 Ft. Wide Gate Opening $ 800.00 $ 900.00 $800.00 $ 800.00 58 8 Ft. Wide Gate Opening $ 900.00 $1000.00 $900.00 $ 900.00 59 10 Ft. Wide Gate Opening $1100.00 $1200.00 $1100.00 $ 1100.00 60 12 Ft. Wide Gate Opening $1300.00 $1400.00 $1300.00 $1300.00 �� j'j`� A:i *f ' •-N*v �v s.•�. ,d •I� ,kyw?r+.ngo?yi: • a f.'..`. s �X'^`... J k � r, �,. h� A- �fz�' -9G_A�TES�,DO,UBL_E SW,�NG'• ����PerA"�� s�� ,�.,.bPer�A� �a..�g' � �."'�...P�erEp�;�;� Per,�EA'',�^ f' 61 6 Ft. Wide Gate Opening $1000.00 $1100.00 $1000.00 $1000.00 62 8 Ft. Wide Gate Opening $1200.00 $1300.00 $1200.00 $1200.00 63 10 Ft. Wide Gate Opening $1400.00 $1500.00 $1400.06 $1400.00 64 12 Ft. Wide Gate Opening $1600.00 $1700.00 $1600.00 $1600.00 65 16 Ft. Wide Gate Opening $1800.00 $1900.00 $1800.00 $1800.00 66 20 Ft. Wide Gate Opening $ 2700.00 $ 2800.00 1 $ 2700.00 $ 2700.00 67 24 Ft. Wide Gate Opening $ 3300.00 $ 3400.00 .$3300.00 $ 3300.00 68 32 Ft. Wide Gate Opening $ 3700.00 $ 3800.00 $ 3700.00 $ 3700.00 Page 18 of 43 64 ZU2UO43Fencing Contractor Services Bid 'Final 'Page 19of43 65 ngh NOWE INN NQ 69 16 Ft. Wide Gate Opening $2300.00 $2500.00 Per LF Per LF 70 20 Ft. Wide Gate Opening $2700.00 $2900.00 71 24 Ft. Wide Gate Opening $3100.00 $3300.00 72 trm I F1,09 1 -1 , . 11 M1011. 30 Ft. Wide Gate Opening $4000.00 ! Pr IMMI OIL& IU 'I 'I Emil i $4200.00 'A-1 &M."" 73 16 Ft. Wide Gate Opening $5000.00 $5400.00 74 20 Ft. Wide Gate Opening $5400.00 $ 5800.00 1510 75 76 24 Ft. Wide Gate Opening $5800.00 30 Ft. Wide Gate Opening $6600.00 $6200.00 $7000.00 92 Brace and Truss Assembly $100.00 $100.00 93 4-5" X 7' Round Terminal MEN ww"ONEir $4500.00 Top/Brace/Bottom Rail 77 24 Ft. Wide Gate Opening $4100.00 78 32 Ft. Wide Gate Opening $4500.00 $4900.00 $700.00 79 40 Ft. Wide Gate Opening $5900.00. $6300:00 80 60 Ft. Wide Gate Opening $9000.o6 $9400.00 81 24 Ft. Wide Gate Opening $9700.00 82 32 Ft. Wide Gate Opening $10,500.00 $10,900.00 83 40 Ft. Wide Gate Opening $11,300.00 t$12,700.00 AY 84 60 Ft. Wide Gate Opening $13,§00.00 1A 300.00 'Page 19of43 65 ngh NOWE INN 011 4" NO WIN RIM FENCING FABRIC Per LF Per LF Per LF Per LF End Post with Hookup 91 Corner Post with Hookup $97.50 $120.00 $127.50 $140.00 1; 011-110, 92 Brace and Truss Assembly $100.00 $100.00 93 4-5" X 7' Round Terminal $200.00 $26o.00 200.00 200.00 Top/Brace/Bottom Rail 97 4 Ft. Wide Gate Opening $700.00 $800.00 $700.00 $700.00 ,98 5 Ft. Wide Gate Opening $800.00 $900.00 $800.00 $800.00 'Page 19of43 65 2020043 Fencing Contractor Services Bid 'Final M w -MMI FENCING FABRIC Per LF Per LF 99 6 Ft. Wide Gate Opening $900.00 $1000.00 $800.00 $800.00 100 8 Ft. Wide Gate Opening .$1000.00 $1100.00 $900.00 $900.00 101 1 10 Ft. Wide Gate Opening $1200.00 $1300.00 $1100.00 $1100.00 102 12 Ft. Wide Gate Opening $1400.00 $1500.00 $1300.00 $1300.00' ME 'ff NOUN 103 6 Ft. Wide Gate Opening $1200.00 $1300.00 $1100.00 $1100.00 104 8 Ft. Wide Gate Opening $1400.00 $1500.00 $1300.00 $1300.00 105 1 10 Ft. Wide Gate Opening $1600.00 $1700.00 $1500.00 $ 1500.00' 106 12 Ft. Wide Gate Opening $1800.00 .$1900.00 $1700.00 $1700.00 107 16 Ft. Wide Gate Opening $2000.00 $2100.00 $1900.00 $1900.00 108 20 Ft. Wide Gate Opening $2900.00 $3000.00 $2800.00 $2800.00 109 24 Ft. Wide Gate Opening $3500.00 $3600.00 $2400.00 $3400.00 110 32 Ft. Wide Gate Opening $2900.000 $4000.00 $3800.00 $ 3800.00 qer4 LA, 111 16 Ft. Wide Gate Opening $2400.00 $2700.00 112 113 20 Ft. Wide Gate Opening 24 Ft. Wide Gate Opening $2800.00 $ �200.00 $3100.00 $3500.00 114 30 Ft. Wide Gate Opening $4100.00 $4400.00 MW KEA P' 115 116 16 Ft. Wide Gate Opening 20 Ft. Wide Gate Opening $5000.00 $5400.00 $ 5200.00 117 24 Ft. Wide Gate Opening $5800.00 $6000.00 118 30 Ft. Wide Gate Opening $6600.00 $6800.00 ME 119 120 24 Ft. Wide Gate Opening 32 Ft. Wide Gate Opening $4300.00 $4700.00 $4700.00 $5100.00 Pi 123 24 Ft. Wide Gate Opening $10,000.00 $-10,400.00 124 32 Ft. Wide Gate Opening $10,800.00 $11,200.00 125 40 Ft. Wide Gate Opening $11,600.00 $12,000.00 1 126 60 Ft. Wide Gate Opening $14,200.00 151 K WIN We! - Pill 3 q FENCING FABRIC Per LF Per LF Per LF Per LF Page 2Oof43 66 2O2UO43Fencing Contractor Services Bid ,Final Vol In RN MEN W. 132 133 End Post with Hookup Corner Post with Ho Aup $150.00 $200.00 $230.00 1 $280.00 134 Brace and Truss Assembly $150.00 $150.00 135 4-5" X 7' Round Terminal A. $200.00 $200.00 Top/Brace/Bottom Rail 200.00 200.00 138 Gate Mount $150.00 $150.00 139 4 Ft. Wide Gate Opening -$800.00 $900.00 $800.00 $800.00 140 5 Ft. Wide Gate Opening $900.00 $1000.00 $900.00 $900.00 141 6 Ft. Wide Gate Opening $1000.00 $1100.00 $1000.00 $1000.00 142 8 Ft. Wide Gate Opening $1100.00 $1200.00 $1100.00 $1100.00 143 . 10 Ft. Wide Gate Opening $1300.00 $1400.00 $1300.00 $1300.00 144 12 Ft. Wide Gate Opening $1500.00 $1600.00 $1500.00 $1500.00 145 6 Ft. Wide Gate Opening $1500.00 $1600.00 $1500.00 $1500.00 146 8 Ft. Wide Gate Opening $1700.00 $1800.00 $1700.00 $1700.00 147 10 Ft. Wide Gate Opening $1900.00 $2000.00 $1900.00 $1900.00 148 .12 Ft. Wide Gate Opening $2100.00 $2200.00 $2100.00 $2100.00 149 16 Ft. Wide Gate Opening $2300.00 $2400.00 $2300.00 $2300.00 150 20 Ft. Wide Gate Opening $3200.00 $3300.00 $3200.00 $3200.00 151 24 Ft. Wide Gate Opening $3800.00 $3900.00 $3800.00 $3800.00 152 32, Ft. Wide Gate Opening $4200.00 $4300.00 $4200.00 $4200.00 153 16 Ft. Wide Gate Opening $3000.00 $3400.00 155 24 Ft. Wide Gate Opening $3800.00 $4200.00 156 30 Ft. Wide Gate Opening $4700.00 $5100.00 ffltts- IG -RE. 1% Z" V&'I eV*§,Wj N&K ma t. Wide Gate Opening $5600.00 $60 0.00 158 20 Ft. Wide Gate Opening $6000.00 $6400.00 159 24 Ft. Wide Gate Opening $6400.00 $6800.00 160 30 Ft. Wide Gate Opening $7200.00 $7600.00 U IF Wil. IMMINO 161 , 24 Ft. Wide Gate Opening $5100.00 1 -vv.vv 162 32 Ft. Wide Gate Opening $5500.00 $ 5900.00 163 40 Ft. Wide Gate Opening $6900.00 $7300.00 164 60 Ft. Wide Gate Opening $10,000.00 $10,400.00 F ;211 I - EININURT.-EAN M" E -Z -I; NOR 165 24 t. Wide Gate Opening $10,800.00 $11,200.00 166 32 Ft. Wide Gate Opening $11.600.00 $ 12,000.00 Page 21 of 43 . 67 2020043 Fencing Contractor Services Bid - Final Page 22 of 43 68 :.i GALVANIZED VINYL COATEDIPA' FIELD FIELD' - ?tib¢go GALVANIZED VINYL COATED GATES DOUBLE- Per EA Per EA CANTILEVER $ 5.00 _ 21 $ 5.00 $ 5.00 172 2,501- 5,000 LF $ 5.00 $ 5.00�> 167 40 Ft. Wide Gate Opening $12,400.00 $12,800.00 Ff'w 168 60 Ft. Wide Gate Opening - $15,000.00 $15,400.00 ;� N�,�3 �.. Page 22 of 43 68 :.i UPH;n prig ; Un t' price �� MO.. .�ma. EffFA �`� r Unit pF �e FENCING FABRIC GALVANIZED VINYL COATED FIELD 169 Up to 100 LF 170 101-1,000 LF $ 5.00 $5.00 $ 5.00 $ 5.00 171 1,001- 2,500 LF $ 5.00 $ 5.00 172 2,501- 5,000 LF $ 5.00 $ 5.00�> ` ,:: ' # 173 Over 5,000 LF $ 5.00 $5.00 174 2" X 4" Mesh ` 0.$ $ 175 4" X 4" Mesh QF �.�� ;� N�,�3 �.. FEhN�C R�M�U�L =�,; Fi' �H �.�G�H>;;w T • ' � ,Umrice Unit `' - MNMI�z���1 puceUn�p�"rce Ramewwmmm I ('PERLF){PER'L)r PER;LFI' FENCING FABRIC GALVANIZED VINYLCOATED FIELD 176 Up to 100 LF 177 101-1,000 LF5.00'' $ 5.00 $ 5.00 $ $ 5.00 ` 178 1,001- 2,500 LF $ 5.00 $5.00 179 2,501- 5,000 LF $ 5.00 $ 5.00 " 180 Over 5,000 LF $ 5.00 $5.00. 181 2" X 4" Mesh �� $ 182 4" X 4" Mesh a k � 11111 . MIM$ gg 00 �. UnEtpr� rUnitprice' { it '""`�� .a+' s xer. 1,a"9• r , . s}Owl. lmei,�; (PER�,LF)A, u {PERIL Unif�iprice� �+ ,. h' K4' 3 {PaER LF) ; FENCING FABRIC GALVANIZED VINYL COATED FIELD 183 Up to 100 LF $ 5.00 $ 5.00 184 101- 1,000 LF $ 5.00 $ 5.00 -,-•"'< } ; 185 1,001- 2,500 LF $ 5.00 $ 5.00 186- 2,501-5,000 LF $ 5.00 $ 5.00 187 Over 5,000 LF $ 5.00 $ 5.00+ 188 2" X4" Mesh�53, $ 189 4" X 4" Mesh°���. x a $ Y' ' '{a:SP -•r F il� - � &M WHEN E NMI i+'O'�Rk"c• j{ ^5J" Cg�Fx'-fi'G +fin-`''F'yi8' REM,OdUAL �8\ FWT EHIGW. +i - n �v ''. hW .mi' $a:�k �.`..Y:R�+ ✓r'4.,.'...:iSiM'�.^c �A.'Sw�'.osx�.waM y���omm � � 01 MiamiM,, IMIL1�..,#R.LF)IPERPLc�`IP nit rices �Unit rice VINYL COATED Unitr�ce�xid' R;FI FIELD FENCING FABRIC GALVANIZED 190 Up to 100 LF $ 7.00 $ 7.00 Mims. 191 101-1,000 LF $7-.00 $7.00 Page 22 of 43 68 2020043 Fencing Contractor Services Bid - Final r 'N=: AN�CERFNTAL'6[ i W111, ' .�,�35,v4dKA SS;S pren�thpr�ce� k? .•4'�' ��ry�.Y ' '%N."'P IPELFM)i FENCING FABRIC GALVANIZED VINYL COATED GALVANIZED VINYL COATED FFEIELO�� 198 101- 1,000 LF $ 10.00 $12.00 $12.00 (PER LF) : ' (PER LF) 200 2,501- 5,000 LF $ 6.00 $ 8.00 192 1,001- 2,500 LF $ 7.00 $7.00 $ 8.00 $16.00 193 2,501- 5,000 LF $ 7.00 $ 7.00 194 Over 5,000 LF $ 7.00 $ 7.00 195 2" X 4" Mesh 4 X 4 Mesh n 11��' $ 196 e In�r $ r 'N=: AN�CERFNTAL'6[ i W111, ' .�,�35,v4dKA SS;S pren�thpr�ce� k? .•4'�' ��ry�.Y ' '%N."'P IPELFM)i FENCING FABRIC GALVANIZED VINYL COATED <�i ``UpERLF) APER iF) . ,. FIELD 197 Up to 100 LF $18.00 $ 20.00 $20.00 198 101- 1,000 LF $ 10.00 $12.00 $12.00 199 1,001- 2,500 LF $ 8.00 $10.00 $10.00 200 2,501- 5,000 LF $ 6.00 $ 8.00 $ 8.00 201 Over 5,000 LF $ 6.00 $ 8.00 $ 8.00 It� a" v� 1I111 W-1, �R {t'LOW } ��1��Y3%,��i^�-�."�$u NF"+c " ��YX.a..Yiti' 202 Up to 100 LF ATION REM'OVr r MEDIUjVI ��H`IGH �•� Unit' rice � Urnt rice �n 4 v... ..,. r.� •f45 ��.:.�-..,...Yv..S � $10.00 - $ 20.00 t rice�� FE--`..&..-.5�.. 4.. $ 30.00 203 101- 1,000 LF $ 8.00 $16.00 $ 24.00 204 1,001- 2,500 LF $ 8.00 $16.00 $24.00 205 2,501- 5,000 LF $ 8.00 $16.00 $ 24.00 206 Over 5,000 LF $ 8.00 $16.00 $ 24.00 '- Vegetation Category to be determined by mutual agreement between the County and Contractor for each job site and can be categorized per linear foot based on site conditions -typical descriptions are provided below: • Low - consists of a maintained ground cover that is frequently mowed, weed-eated or sprayed; generally consisting of grasses and not more than 15% shrubby/woody vegetation at approximate fence height and less than 15% cover of soft -tissued vines. Fence sections are easily accessible and do not require vegetation removal for access. • Moderate - consists of greater than 15% woody/shrubby vegetation, woody vines and sapling trees entangled in fence sections; may be regularly mowed along the perimeter, but has vegetation growing within the fence mesh itself. Trees and other canopy species do not need to be removed and fence removal can be accessed by equipment and/or laborers. Generally cut vegetation can be left on site and can 'be excluded from fencing material. • High - consists of fence mesh that is entangled by large amounts of vegetated cover including grasses, woody vines, woody shrubs and/or trees. Fence must be cutout of vegetation and a greater degree of manual/equipment labor is required to remove and/or access both fence and vegetative materials. Site conditions may require vegetation removal outside offence line in order to remove sections of fence. All cut vegetation must be removed from site along with fencing material. • Unit cost includes vegetation and fencing disposal fees Page 23 of 43 69 CONSENT: 12/1/2020 ONCE Of ` E - INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: November 17, 2020 SUBJECT: Annual Resolution re Signatories In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners must adopt a resolution directing depositories of County funds to honor certain authorized signatures on County checks, warrants, and other orders for payment. Based on input from the Finance Office, the attached resolution has been prepared designating both the Chairman and Clerk as the authorized signatories and providing for facsimile signatures rather than manual signatures on all checks. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution and authorize the newly selected Chairman as well as the Clerk to sign the resolution and the respective Certificate of Facsimile Signature; and to instruct the Clerk to the Board of County Commissioners to transmit to the Department of State each original Certificate of Facsimile Signature which bears the original manual signatures of those Indian River County officers authorized to use facsimile signatures in lieu of manual signatures. /nhm Attachment: Resolution RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF THE CIRCUIT COURT SIGNATORIES; RESCINDING RESOLUTION NO. 2019-103 EFFECTIVE DECEMBER 1, 2020 WHICH SPEAKS TO AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Code section 101.02.1, on November 17, 2020, the Board of County Commissioners of Indian River County ("Board") selected Joseph E. Flescher as Chairman from November 17, 2020, and continuing through November 16, 2021; and WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2020); and WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and WHEREAS, the Board's selection of Chairman requires a re -designation of signatories for County warrants, checks, and other orders for the payment of money drawn on the County's depositories; and WHEREAS, the Board has determined that the existing financial practices concerning personnel policies and employee compensation eliminate the need to require manual signatures on salary and other compensation warrants, checks, and other orders payable to Board employees; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Previous designations by the Board of certain institutions as official depositories of County funds are hereby ratified and affirmed. 2. Manual signatures shall not be required on any checks, warrants, and other orders for the payment of money drawn in the name of the Board for the purpose of salary and other compensation to or for any Board employees. 71 3. Each designated depository of County funds is hereby authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, including those payable to the individual orders of any person/entity or persons/entities whose name or names appear thereon, when bearing both the facsimile signature of the Clerk, and the facsimile signature of the Chairman of the Board. 4. The manual and facsimile signatures of the herein designated officers appear on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety. 5. The signatories named on the attached Exhibit "A" are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board. 6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34 (2020), the "Uniform Facsimile Signature of Public Officials Act." 7. The Clerk to the Board shall immediately file with the Department of State each Certificate of Facsimile Signature bearing the original manual signatures, at which point a facsimile signature of those officials signatory to Exhibit "A" of this Resolution shall have the same legal effect as a manual signature on any instrument of payment. The Resolution was moved for adoption by Commissioner the motion was seconded by Commissioner , vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss and and upon being put to a The Chairman thereupon declared the Resolution duly passed and adopted this 1st day of December, 2020 with an effective date of December 1, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Z Deputy Clerk Joseph E. Flescher, Chairman 72 EXHIBIT "A" Jeffrey R. Smith, Clerk of Circuit Court and Comptroller. Actual Facsimile Indian River County Board of County Commissioners Chairman Joseph E. Flescher Actual Facsimile 73 GERTIF.ICATE FOR. FACSIMILt SIGNATURE (Section 116.34, Florida Statutes) State of Florida County of Indian River, 1, Joseph E. Flescher being (print name as to bo s1pod'bolov4 Duly appointed as C-baj rman—of—the Board of. County_ Co mi Scion rc (stats compinte thle or posision) of Indian River Countv. Florida Do hereby file with the Secretary of State my official signature for the purpose of complying with Section Il 6.34, Flohda Statutes, and do hereby certify that the signature below is true, correct `and manually, subscribed by me. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH .AND THAT THE FACTS STATED IN 1T ARE TRUE.. Signature Data Quad Joseph.K. Fle cher _ Pritat Nam ss sionod 1801_27thStreet Brsdn6sg A.ddtest Vero Beach, .. -FL- 32960 city stats Vp Cods DE -DE 3 (Rev.1 M9) 74 CERTIFICATE FOR, FACSIMILE SIGNATURE (Section 116.34, Florida Statutes) State of Florida County of ind.i an._River- ', Jef_f,.my R. S ith being (print nan-o as to bo sipnad below) Duly appointed as Clerk of Circuit Court and. Comptroll P 0f_-__ (state dampleto title or position) Indian River County, Florida Do hereby file with the Secretary of State my official signature for the purpose of complying with Section 116.34, Florida Statutes, and do hereby certlfy� that. the signature below is tate, correct and manually subscribed by me. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATE IN IT ARE TRUE. Signature Maio Ainod Jeffrey R. Smith Print Nave at slamed ._20.40`.1Zth__Avenue_ Business Addreas miry Stats Zip Code DE -DE 3 (Rev.10t99) 75 CONSENT: 12/1/2020 Office Of 'aF INDIAN RIVER COUNTY Dylan Reingold, ,County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: November 17, 2020 ATTORNEY SUBJECT: Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County, The attached resolution delegates to the County Administrator, or his designee, the authority to declare states of local emergencies and to act in a State of Florida declared emergency affecting Indian River County from December 1, 2020 through December 31, 2021. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to declare states of local emergencies and to act in a state declared emergency affecting Indian River County effective from December 1, 2020 through December 31, 2021. /nhm Attachment: Resolution RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2019-055 EFFECTIVE DECEMBER 1, 2020; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from December 1, 2020 through calendar year 2021; and WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders, during a State of Florida declared' emergency affecting Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from December 1, 2020 through calendar year 2021. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Resolution No. 2019-055 of the Indian River County Board of County Commissioners which speaks to delegation of authority is hereby rescinded in its entirety effective December 1, 2020. 2. Commencing December 1, 2020, and continuing through December 31, 2021, the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, is hereby delegated the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2017); and (ii) to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and (4) respectively] exists in Indian River County. 77 The Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 1st day of December, 2020 with an effective date of December 1, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Joseph E. Flescher, Chairman 78 CONSENT: 12/1/2020 Office Of F A INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: November 17, 2020 ATTORNEY SUBJECT: Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from December 1, 2020 through December 31, 2021. Funding: There are no costs associated with this agenda item. Reauested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from December 1, 2020 through December 31, 2021. /nhm Attachment: Resolution RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2019- 066 EFFECTIVE DECEMBER 1, 2020; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; and WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; and , WHEREAS, during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners would meet; and WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of such declared emergency; and WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator or his designee during the period of such declared emergency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 2019-056 of the Indian River County Board of County Commissioners which speaks to delegation of authority to execute resolutions calling letters of credit as necessary during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County is hereby rescinded in its entirety effective December 1, 2020. 2. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County. Any resolutions executed by the County Administrator or his designee, to call letters of credit during any declared State of Local Emergency or State of Florida Emergency affecting Indian River County are to be accompanied by a copy of this Resolution. 80 3. The Effective Date of this Resolution is December 1, 2020, and this Resolution shall continue in effect through calendar year 2021. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 1st day of December, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By Deputy Clerk Joseph E. Flescher, Chairman 81 CONSENT: 12/1/2020 Office Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: November 18, 2020 ATTORNEY RE: Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Section 125.68, Florida Statutes requires that each county maintain a current codification of all ordinances, which must be published annually by the Board of County Commissioners. Once codified, the Code is the best evidence of the current law of the County. The Code is codified through adoption of an ordinance; adoption of the ordinance must be preceded by public hearing. FUNDING: The only cost associated with this item is the advertising cost for the public hearing which is estimated to be no more than $150.00 and is available from General Fund/County Attorney/Legal Ads; Account No. 00110214-034910. REQUESTED ACTION: Authorize staff to advertise for a public hearing on January 5, 2021 to amend Section 100.03(4) of the Indian River County Code. nhm Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado; Assistant County Attorney Consent Agenda - B. CC 12.1.20 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 20, 2020 SUBJECT: Lobbyist for 2021 Legislative Session BACKGROUND ATTORNEY Since February 17, 2015, Anfield Consulting, Inc., has assisted Indian River County with various issues including, but not limited to, legislation regarding the High -Speed Passenger Rail Safety Act and obtaining funding for water projects. The current term of Indian River County's contract with Anfield Consulting, Inc., expires on December 31, 2020. County Administration staff recommends continuing to utilize Anfield Consulting, Inc., during the 2021 Florida Legislative Session. FUNDING Funding for lobbying services has been included in the General Fund/BCC Office/Other Professional Services Account Number 00110111-033190 for $120,000.00. RECOMMENDATION County Administration staff and County Attorney's Office recommends that the Board enter into an agreement with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2021, to December 31, 2021, and authorize the County Administrator to execute the referenced agreement. ATTACHMENT Agreement for Professional Services C. WmnicuslLegis(arSMI TenTIl a37eb9a-6bOc-49fl-b4e3-1ee769e8483ddm Anf*leld [CONSULTING] AGREEMENT FOR PROFESSIONAL SERVICES This contract for professional services (hereinafter referred to as "Agreement") is by and between Anfield Consulting, Inc. a privately -owned corporation registered in the State of Florida (hereinafter referred to as "ANFIELD"), and Indian River County of the State of Florida (hereinafter referred to as "CLIENT"). ANFIELD and CLIENT shall collectively be referred to as the "Parties." (1) Services: ANFIELD shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include, tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and secure appropriations for projects as requested. In. addition ANFIELD shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders in Florida. All representations made by ANFIELD on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative, Jason E. Brown, County Administrator or his designee. (2) Term and Compensation: The term of this Agreement will commence on January 1, 2021 and end December 31, 2021. CLIENT will pay ANFIELD the sum total of one hundred twenty thousand dollars ($120,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: twelve (12) payments of ten thousand dollars ($10,000.00). Each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ANFIELD. All payments will be made by check or money order consistent with Section (3) of this Agreement. After consultation and with prior approval from CLIENT, ANFIELD may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement. The retainer and monthly fee payable to ANFIELD covers all incidental costs or fees related to services provided by subcontractors identified by ANFIELD and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However, ANFIELD shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or local lobbying registration or renewal fees, express mail costs, costs of preparing presentation materials needed to represent the client, and similar related costs during the term of the agreement. ANFIELD will discuss such expenditures before incurring them 84 and to receive prior authorization for said expenses from CLIENT'S authorized representative, Jason Brown, County Administrator. (3) Issuance of Payments and Notice: CLIENT shall make checks payable to ANFIELD Consulting, Inc. and send payment(s) to: 201 West Park Avenue, Suite 100, Tallahassee, FL 32301. All written notices from CLIENT to ANFIELD shall also be sent to this address. (4) Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this. Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ANFIELD for any and all services and CLIENT approved expenses during the term of this Agreement up to and until the established date of termination. In the event of early termination, the final amount to be paid shall be established on a pro -rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro -rata amount due, ANFIELD shall remit the difference within 30, days of termination in a check or money order payable to: Indian River County. (5) Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted, and governed by the laws of such state, and by all applicable laws of the United States of America. (6) Confidentiality: ANFIELD acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement. (7) Agreement Execution: The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signature below. For Anfield Consulting Albert Balido, Managing Member For Indian River County: Jason Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY RM Dylan Reingold, County Attorney Date Executed Date Executed M Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Consent Agenda - B. CC 12.1.20 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 20, 2020 ATTORNEY SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives. On October 1, 2019, the Indian River County Board of County Commissioners ("Board") reappointed Jennifer Proper, Teddy Floyd and Donald Hart, Sr. and appointed Vera Mistretta to the EOC. On October 30, 2020, Angela Davis -Green, Executive Director of the EOC requested consideration of the reappointment of Jennifer Proper and Teddy Floyd and the appointment of Jeanette Anderson. RECOMMENDATION. The County Attorney recommends that the Board reappoint Jennifer Proper and Teddy Floyd and appoint Jeanette Anderson to the Economic Opportunities Council of Indian River County, Inc. ATTACHMENT Letter from Jeanette Anderson C: IG—i—U,egislm5V„f lhmpl5b5fc5b2-f4.d4523-88.6-13.9e,8e5.1d d.- Jeanette Anderson PO Box 700577 Wabasso, FL 32970 (772) 913-2715 jwanderson2400(4gmail.com 31 August 2020 Board of Directors 2455 Saint Lucie Ave Vero Beach, FL 32960 Office: 772-562-4177 ext: 1119 Fax 772-492-9990 Dear Board of Directors, I would like to become a board member for the Head Start program. 1 am currently working with the Healthy Start program in St. Lucie County. I have enjoyed.working with the mothers to ensure they have a healthy pregnancy as well as a healthy baby. Seeing the parents grow as the newborn grows allows me to know that I have made an impact on their lives. I educate moms during the prenatal and .postnatal stages of their pregnancy as well as on the developmental milestones of their babies. The families are kept in our program up to one year. We previously kept families up to three years in order. to prepare them for your program. As a board member, I would be able to bring the knowledge I have from this program and incorporate it with the Head Start program to continue to help parents grow as their children grow with this wonderful program. I would make sure that the parents and children get all that is available to them through the Head Start program., Thank you for your consideration Jeanette Anderson 87 513 W aNkiiia INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: November 18, 2020 SUBJECT: Consideration of the Affordable Housing Advisory Committee (AHAC) 2020 Incentives Review and Recommendation Report It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on December 1, 2020. DESCRIPTION AND CONDITIONS As part of HB 1375 enacted in 2007, the Legislature revised section 420.9076, F.S. to require that local governments establish a local Affordable Housing Advisory Committee (AHAC). On March 18, 2008, the Indian River County Board of County Commissioners (BCC) approved resolution 2008-038 to establish Indian River County's AHAC. According to state law, the principal responsibility of the AHAC is to submit a report to the local governing body that includes a recommendation on or evaluation of the affordable housing incentives identified in Paragraphs A through K of Section 420.9076 (4), F.S. (see page 2 of this staff report). Consistent with the provisions of section 420.9076 F.S. (up until the 2020 legislative session), every three years the AHAC was required to review the local government's established policies and procedures, ordinances, land development regulations, and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. As part of that process, the AHAC's review and recommendations are compiled into an incentives review and recommendation report that is presented to the BCC for approval. Pursuant to House Bill 1339 adopted during the 2020 Florida Legislative Session, the triennial requirement changed to an annual requirement starting in 2021. The County's first AHAC report was approved by the BCC on December 9, 2008, submitted to the Florida Housing Finance Corporation (FHFC) before its December 31, 2008 due date, and thereafter approved by the FHFC. Subsequent AHAC reports were prepared, recommended for approval by AHAC, approved by the BCC, and submitted to the FHFC in 2011, 2014, and in 2017. The County's next AHAC report is due to the state by December 31, 2020. In order to meet that deadline, staff has prepared the 2020 incentives review and recommendations report for AHAC's consideration at its October 28, 2020 meeting. The AHAC's review is now complete and staff and the AHAC are recommending BCC approval of the 2020 report. The BCC is now to consider approval of the report. ANALYSIS Section 420.9076 (4) F.S. requires that, at a minimum, the advisory committee (AHAC) submit a report to the local governing body (BCC) that includes recommendations on affordable housing incentives in the following areas: a. The processing of approvals of development order or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. b. All allowable fee waivers provided for the development or construction of affordable housing. C. The allowance of flexibility in densities for affordable housing. d. The reservation of infrastructure capacity for housing for very low-income persons, low income persons, and moderate -income persons. e. Affordable accessory residential units. f. The reduction of parking and setback requirements for affordable housing. g. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. h. The modification of street requirements for affordable housing. i. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. j. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. k. The support of development near transportation hubs and major employment centers and mixed use developments. In 2008, 2011, and 2014, the AHAC reviewed Indian River County's existing affordable housing incentives as well as newly proposed affordable housing strategies and policies. Through that process, the AHAC reached consensus and provided direction to staff on the county's then existing and proposed strategies and policies. By assessing the county's affordable housing incentives and strategies, the AHAC addressed the affordable housing incentives referenced in paragraphs A through K of Section 420.9076(4) F.S. For each incentive, the report included a description, reference to existing county regulations, analysis, and recommendations. All recommendations of the previous AHAC reports were incorporated into the county's Comprehensive Plan and Land Development Regulations (LDRs). Recently, staff prepared a draft 2020 AHAC report. That AHAC report is a compilation and evaluation of the county's current affordable housing incentives, the incentives referenced in Section 420.9076(4) F.S., and affordable housing strategies and policies that were adopted by the county as part of the county's 2010 EAR based comprehensive plan amendments. The report also includes recent AHAC recommendations presented to the Board of County Commissioners on February 18, 2020. As indicated in the draft 2020 AHAC housing incentives report, the county 89 has already adopted and implemented all but one of the affordable housing incentives identified in items A through K of Section 420.9076(4)F.S. The incentive not adopted is item H, which relates to modifying minimum street requirements. Staff analysis shows that the county's current street right-of-way requirements are appropriate to ensure public safety, are not excessive, and should be maintained. The report's analysis indicates that the County has successfully implemented incentives for providing affordable housing within the county. County affordable housing incentives have been in place for many years and continue to be used by not-for-profit housing organizations and for- profit affordable housing developers to provide affordable housing for county residents. AHAC proposals for revisions to the incentives developed/identified through evaluation and studies throughout 2019-2020 are incorporated in the report. At its October 28, 2020 meeting, the AHAC reviewed a draft 2020 AHAC report, determined it complete with no changes, opened the public hearing for public comments, and recommended that the BCC approve the revised 2020 AHAC report (see attachment 1). CONCLUSION Currently, Indian River County provides all but one of the eleven affordable housing incentives listed in items A through K of Section 420.9076 F.S. To date, the ten adopted incentives have resulted in non-profit housing organizations and for-profit affordable housing developers providing affordable housing in the county. As structured, the AHAC report identifies the county's existing affordable housing incentives, provides an analysis of those incentives with respect to the incentives listed in items. A through K of Section 420.9076 F.S., and includes a recommendation on each incentive. In the report, staff is recommending that the county maintain the ten adopted, existing incentives, and expand upon them as recommended by analysis conducted by AHAC during the year 2019 and presented to the BCC in February of 2020. RECOMMENDATION Staff and the Affordable Housing Advisory Committee recommend that the Board of County Commissioners approve the proposed 2020 AHAC report by adopting the proposed resolution, direct staff to submit a copy of the report to the Florida Housing Finance Corporation (FHFC) for review, and authorize staff to make any changes to the report if required by FHFC. ATTACHMENT 1. 2020 AHAC Report 2. Resolution Approving the 2020 AHAC Report 3. Unapproved Minutes of AHAC October 28, 2020 Meeting all Indian River County Affordable Housing Advisory Committee 2020 Incentives Review and Recommendation Report Community Development Department Indian River County 1801 27th Avenue Vero Beach, Florida 32962 (772) 226-1237 Approved by the Affordable Housing Advisory Committee at a Public Hearing on (October 28, 2020) Approved by the Board of County Commissioners (December , 2020) Resolution No. 2020 — Attachment 1 - BCC Staff Report i 91 INTRODUCTION With passage of HB 1375 in 2007, local governments that receive State Housing Initiatives Partnership Program funds were required to establish an Affordable Housing Advisory Committee (AHAC) by June 1, 2008. In Indian River County, the Board of County Commissioners created an Affordable Housing Advisory Committee on March 18, 2008. Between 2008 and 2019, triennially each AHAC was required to review their local government's established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. Pursuant to House Bill 1339 adopted during the 2020 Florida Legislative Session, each AHAC must now annually complete this task. In Indian River County, the first AHAC report was approved by the Board of County Commissioners on November 19, 2008. Following submission of the initial AHAC report, reports were required to be submitted triennially on December 31 every three years. Therefore, the subsequent AHAC reports were approved on December 6, 2011, December 9, 2014, and December 5, 2017. The next AHAC report must be submitted to the FHFC by December 31, 2020. According to Section 420.9076 (4) F.S., each AHAC report must give recommendations on affordable housing incentives in the following areas: A. The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. All allowable fee waivers provided for the development or construction of affordable housing. C. The allowance of flexibility in densities for affordable housing. D. The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. E. Affordable accessory residential units. F. The reduction of parking and setback requirements for affordable housing. G. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. H. The modification of street requirements for affordable housing. I. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. K. The support of development near transportation hubs and major employment centers and mixed use developments. 92 BACKGROUND In February, 1990, the Indian River County Board of County Commissioners adopted the Indian River County Comprehensive Plan. In the Housing Element of that plan, Policy 1.3 stated: "An advisory committee shall be appointed by the Board of County Commissioners to provide additional guidance on county housing policies. Comprised of representatives of the housing industry, financial institutions, Housing Authority, and citizens, the committee shall be advisory and terminated upon acceptance of its final report. This committee shall submit a final report to the Board of County Commissioners by 1993..." Consistent with Housing Policy 1.3, the Board of County Commissioners, on March 5, 1991, created a fifteen (15) member Indian River County Affordable Housing Advisory Committee (Resolution No. 91-29). That committee was comprised of representatives of the housing industry, financial institutions, and the Housing Authority, as well as citizens. In April 1993, the Affordable Housing Advisory Committee voted to adopt and transmit the Committee's Final Report to the Board of County Commissioners for its review and consideration. That final report was submitted to the Board of County Commissioners on May 25, 1993, and the original AHAC was then dissolved. In 1992, the Florida Legislature established the State Housing Initiatives Partnership (SHIP) program. The purpose of the SHIP program is to provide funds to local governments for the provision of affordable housing for qualifying households. In order to receive SHIP funds, the county was required to satisfy several requirements, including the creation of a Local Affordable Housing Advisory Committee to conduct a review of the county's regulations and to develop a Local Housing Incentive Plan. To obtain SHIP funds, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Program (Ordinance #93-13) in April 1993. Consistent with the requirements of Section 420.9076, F.S. and Section 308.07 of the County Code, the Board of County Commissioners created the county's second Affordable Housing Advisory Committee (AHAC) in 1993. The function of that committee was to review the County's Local Housing Assistance Plan and develop local housing incentive strategies. Once established, that committee worked with staff and fulfilled all of the requirements of Section 420.9076, F.S. On December 13, 1994, the Board of County Commissioners adopted the final Indian River County Affordable Housing Incentive Plan with resolution number 94-162. That plan which remains in effect includes many of the affordable housing incentives listed in paragraphs A through K of Section 420.9076(4) F.S. The second AHAC was dissolved in 2001. Since adoption of the affordable Housing Incentive Plan, the county's affordable housing incentives have been utilized by for-profit and non-profit housing developers and organizations to provide affordable housing within the county. Through those incentives, 2,634 affordable rental housing units have been constructed. Also, 1,698 income eligible 93 individuals have received SHIP and HHR funds for the purchase of a home and/or for rehabilitation of their housing unit. Consistent with the 2007 legislature's directive, Indian River County established its Affordable Housing Advisory Committee in March, 2008 and in December of 2019 updated its membership composition consistent with state statute. The primary function of the AHAC is to prepare the update of the County's Local Housing Incentives Report. In 2008, 2011, 2014, and 2017 the AHAC prepared the County's update. This is the fifth Local Housing Incentives Report update. Beginning in December 2018 and concluding in early 2020, the BCC directed the AHAC to study the affordable housing issue outside of the County's normal'three year window for updating its incentives and recommendations report. That directive included the request to review the county's existing local affordable housing incentives and programs and County regulations impacting and encouraging development of more affordable housing to develop recommendations for improvement. This AHAC report incorporates many of the AHAC's recent findings and recommendations adopted by the AHAC on January 22, 2020, and those ultimately approved by the BCC on February 18, 2020. ANALYSIS In this section, each of the Chapter 420.9076(4), F.S. requirements, A through K, are addressed. For each of the requirements, current citations from the county's Comprehensive Plan and Land Development Regulations (LDRs) are provided. Each section also includes an analysis and recommendation(s). 94 A.The process of approvals of development orders or permits, as defined in s.163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. Section 163.3164(7), F.S. defines a development order as "any order granting, denying, or granting with conditions an application for a development permit." Section 163.3164(8), F.S. defines a development permit to "include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land". In Indian River County, permits for affordable housing projects are expedited to a greater degree than other projects. Established policies and procedures for expedited permitting are found in Policies 1.5 and 1.6 of the Housing Element. These policies read as follows: POLICY 1.5: By 2015, the county shall establish a web based permitting process. POLICY 1.6. The county shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner. - Administrative approval — 5 days, - Minor site plan — 5 weeks, - Major site plan — 6 weeks, - Special exception approval —13 weeks Whenever these review times increase by 150% or more due to the work load of review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. ANALYSIS: Consistent with Policy 1.6, the Community Development Department processes affordable housing projects ahead of all other projects. This has been done since 1994. For each affordable housing project application, planning staff notifies other reviewing departments that the application is an affordable housing project and must be reviewed ahead of all other projects. Overall, this process has worked well, with affordable housing projects identified upfront and reviewing departments expediting these project reviews. For major affordable housing projects, this process has saved applicants several weeks in application review/processing time. In 2019, after recommendation from the AHAC, the County revised the permit expediting process further to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green ZIR affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently in 2020 in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide alcopy of the neon green permit expediting form. RECOMMENDATION: The county should maintain Housing Element Policy 1.5, regarding web -based permitting, and Policy 1.6, regarding prioritizing the permit process review of affordable housing development projects ahead of all other projects. No other action is needed. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ 96 B. All allowable fee waivers provided for the development or construction of affordable housing. Impact fees and utility capacity charges are one time charges applied towards new construction to generate the revenue necessary to make capacity producing capital improvements. Overall, these impact fees and utility capacity charges increase the cost of housing. Until Florida's 2019 legislative session, communities in Florida that adopted impact. fees were required by statute and/or case law to apply those impact fees to all activities that create a demand for capital facilities. During the 2019 legislative session, however, Florida's Impact Fee Act was amended to allow exemptions for affordable housing (housing for households earning less than 120% of Are Median Income (AMI)). In March of 2020 with the County's most recent impact fee study and fee schedule update, Indian River County adopted a portion of the allowable affordable housing impact fee waiver/reduction allowance as part of the County's Impact Fee Regulations under Title X of the Indian River County code. Indian River County now provides: • impact fee exemptions for single family homes of less than 1,000 square feet (under air) for households with incomes below 80% of AMI; and • impact fee reductions at 50% of the calculated rate for single family homes between 1,000 square feet and 1,500 square feet (under air) for households with incomes below 80% of AMI. Impact fees for single family homes of any square footage larger than 1,500 square feet (under air) and impact fees for homes of less than 1,500 square feet (under air) not occupied by households with household incomes of less than 80% of AMI continue to be collected at the full calculated and adopted rates with no affordable housing reduction or waiver. Additionally, impact fees for multi -family housing units continue to be collected at full calculated impact fee rates. Consequently, impact fees for these land uses cannot be waived or reduced without being subsidized from another revenue source for a justifiable reason. Because of this, there are methods of fee payment to assist income eligible persons with the cost of impact fees and /or utility capacity charges. Currently, Indian River County provides SHIP program loans and grants of up to $20,000.00 per unit to income eligible households for the cost of impact fees and utility capacity charges for new units. The county also provides SHIP loans and grants for existing units to connect to the county regional water and wastewater system. To obtain SHIP impact fee funds, applicants must execute loan or grant agreements with the county, indicating that they will comply with the county's Local Housing Assistance Program's requirements. Those loans or grants are limited to income eligible households in the Very low Income (VLI) (not to exceed 50% of the county's median income), Low Income (LI) (51-80% of county's median income), and moderate income (MI) (between 81-120% of the county's median income) categories. Besides providing impact fee loans and grants, the county also provides financing of water and sewer capacity charges for new units and existing units connecting to the county regional system. The following policies from the Housing Element of the Comprehensive Plan provide for financial assistance for payment of impact fees and connection charges for affordable housing units. POLICY 4.3: The county shall maintain its current policy of financing water and sewer capacity charges for newly constructed housing units. POLICY 4.4: The County shall maintain its Housing Trust Fund which provides below-market interest rate financing and/or grants for land acquisition, downpayment/closing cost loans, impact feelcapacity charges payment loans, and rehabilitation loans for affordable housing units in the county. The fund will also assist non profit facilitators with pre -development expenses associated with very low, low, and moderate income housing development. Some disbursements from the Housing Trust Fund will be grants, but the majority of funds will be revolving loans, with borrowers paying back principal and applicable interest into the trust, therefore ensuring a permanent source of financing. ANALYSIS: Impact fees and utility capacity charges are needed to provide revenue for constructing capacity producing capital improvements necessary to accommodate growth. Overall, impact fee revenue partially funds construction of major roadways, libraries, schools, parks, correctional facilities, fire/ems facilities, law enforcement facilities, solid waste facilities, and public buildings, and capacity charges fund expansion of the county's regional water and sewer system. These fees are based on fair share payments by the people benefiting from the capital improvements, impact fees and utility capacity charges. With respect to affordable housing, those fees increase the cost of housing and put a burden on the production of affordable housing projects. To lessen the impact on affordable housing projects the county in March of 2020 (upon recommendation by the AHAC and approval by the BCC) implemented new impact fee waivers/exemptions impact fees for single family homes of less than 1,500 square feet occupied by households earning less than 80% of Area Median Income. The County's SHIP program also can be utilized to provide impact fee loans and grants to extremely low, very low, and moderate income households and grants and loans to connect to the county water or sewer system (this includes loans associated with new home construction to Habitat for Humanity clients). Besides using SHIP funds, in the past the county has provided impact fee grants and loans to eligible households as part of Community Development Block Grant (CDBG) neighborhood revitalization and housing projects. Although CDBG funds can be used for impact fee loans and grants, they are not always available to the County to utilize. This is due to a number of factors including the fact that: • the County must apply to the state for CDBG program funds for a specific project; • the application process is highly competitive and awards are not guaranteed; • the County can only have one active/open CDBG contract with the state at any given time; • at times the County submits CDBG applications and obtains awards for non- housing related projects; • CDBG awards can last from 2 to 4 years at a time; and • the County cannot apply for more CDBG funds until the previously awarded CDBG project is complete and the awarded CDBG contract with the state is closed out. 98 Overall, the county has provided many SHIP impact fee grants/loans to eligible households. Since this program has been successful, the county should keep its SHIP Program impact fee assistance strategy for income qualified households. The County's new impact fee waiver/reduction categories for single family homes of less than 1,500 square foot for income eligible households should also be maintained and evaluated in future years to determine their overall utilization and whether or not adjustments should be made to the eligible categories. RECOMMENDATION: The county should maintain Housing Element Policy 4.3 and Policy 4.4, regarding financing of impact fees, payment of impact fees, and payment of water and wastewater capacity charges for income eligible households through SHIP funds. The County should also maintain its newly adopted impact fee waiver and reductions under Title X of the Indian River County Code for certain single family housing units occupied by households with incomes of less than 80% of AMI; and the County should continue to apply for other funding sources (such as CDBGs) to subsidize impact fees and utility capacity charges. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 99 C.The allowance of flexibility in densities for affordable housing. Within Indian River County, the future land use map and zoning district designations establish a maximum density or intensity for all properties. Overall, density is an important factor in forming the character of a community and the preferred lifestyle of its residents. While higher densities may result in lower housing costs, higher across the board densities do not always translate into lower housing prices. Consequently, the preferred method for reducing housing costs through increased density is to provide affordable housing density bonuses associated with affordable housing projects. Currently, Housing Policy 2.5 and LDR Section 911.14(4) provide affordable housing projects an up to a 20% density bonus over the maximum density established by the underlying land use designation. Currently, Housing Element Policy 2.5 and Section 911.14(4) of the LDRs provide for affordable housing density bonuses. Section 971.41(9) of the LDRs provides for small lot subdivisions for affordable housing. POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned development projects, allowing eligible affordable housing projects with a market value of affordable housing units not to exceed 2 1/2 times the county's median income, to receive up to a 20% density bonus based on the following table. Very Low Income (VLI) and Low Income Density (LI) Bonus Range of Possible Affordable (Percent Additional Density Bonus for Providing Additional Buffer Density Bonus Units increase and Landscaping based on one of the following options Percentage as in (percent increase in allowable units) (Percent increase in Percentage allowable allowable units) Of units). Project's Total Units Option I Option II Material equal to a 20' Material equal to a 25' wide Type C buffer* with 6' wide Type B buffer* with 6' opaque feature along opaque feature along residential district residential district boundaries and 4' opaque boundaries and 4' opaque feature along roadwaysfeature along roadways More than 10% 5% or 10% 10-20% 30% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations The county's current median income is $69,600. F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives 10100 Report\BCC Item - Incentives Report\AHAC 2020 report v6 - 12-1-20 BCC Review.doc The County's Affordable Housing Density Bonus Provisions are Codified in Section 911.14(4) of the LDRs (See Attachment 1). As part of the AHAC's January 22, 2020 recommendations, the AHAC recommended increasing the density bonus from 20% to 50%. The BCC agreed in concept, but requested that the County Attorney's office review to consider any legal considerations and present its findings to the BCC for a final determination. If reviewed and approved by the BCC, staff will ultimately need to prepare draft revisions to Section 971.41(9) for BCC consideration. Another option to increase affordable housing project yields is the county's small lot subdivision allowance. Although the county's small lot subdivision regulations, section 971.41(9) of the county's land development regulations, do not have an allowance for density bonuses, the smaller lot configuration allows for more lots to be created. While a standard RS -6 parcel (single family residential up to 6 units per acre) has a minimum lot size of 7,000 square feet, the small lot subdivision regulation allows for lot sizes to be reduced to 5,000 square feet. While standard RS -6 zoning typically yields about 2.5 to 3 units per acre, a small lot subdivision can yield up to 5 units per acre. The county's Small Lot Subdivision for Affordable Housing Projects are Codified in Section 971.41(9) of the LDRs (See Attachment 2). As part of the AHAC's January 22, 2020 recommendations, the AHAC recommended and the BCC approved in concept allowing very small lot subdivisions (smaller lots than currently provided for in the small lot subdivision regulations. In the future, regulations for very small lot subdivisions will be prepared and considered for adoption. ANALYSIS: The allowance of an up to 20% density bonus (or more based on recent recommendation by the AHAC) for affordable housing projects and the county's small lot subdivision provision and potential very small lot subdivision regulations approved in concept by the BCC provide and can provide for the development of affordable housing projects with higher densities and/or higher yields. Those provisions are appropriate tools for providing density increases for affordable housing projects. General density increases, however, are not acceptable in Indian River County and may not result in less expensive homes. RECOMMENDATION: The county should maintain its affordable housing density bonus and small lot subdivision provisions for affordable housing projects and move forward with providing specific ordinance revision recommendations to the BCC for very small lot subdivisions and for increased density bonuses for affordable housing development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ 101 D.The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. Consistent with state law, the Indian River County Comprehensive Plan provides that no development, including housing development, shall be approved unless there is sufficient infrastructure capacity or capacity funding available to serve the development. These requirements are contained in Chapter 910, Concurrency Management System, of the county's LDRs. This concurrency management requirement serves as the principal mechanism for ensuring that growth is managed in a manner consistent with the provisions of the comprehensive plan. In Indian River County, there are two types of concurrency certificates. One is a conditional concurrency certificate. A conditional concurrency certificate indicates that, at the time of conceptual development approval, there is sufficient capacity to accommodate the development. Conditional concurrency, however, does not require payment of impact fees and water and sewer capacity charges and does not vest, or guarantee, that capacity will be available at the time of building permit issuance. The second type of concurrency is initial concurrency. Initial Concurrency requires payment of impact fees and water and sewer capacity charges and vests (reserves capacity for) the development. In Indian River County, initial concurrency certificates vest capacity for the duration of the concurrency certificate, either one (1) year, three (3) years, or seven (7) years. According to county regulations, initial concurrency certificates may be issued only to projects with approved site plans or complete Land Development Permit applications. To obtain an initial concurrency certificate, an applicant must pay all applicable impact fees, as well as water and sewer capacity charges, in advance of development. This then vests the project and guarantees that adequate infrastructure will be available for the project at the time of building permit issuance. The vesting will last for the duration of the concurrency certificate and will expire at the end of the concurrency certificate timeframe. After issuance of an initial concurrency certificate, an applicant must obtain all building permits associated with the initial concurrency certificate and pursue development to completion by obtaining a Certificate of Occupancy (CO). ANALYSIS: Reserving infrastructure capacity upfront for a project is important if there are deficiencies in concurrency related facilities. In Indian River County, there currently is sufficient capacity in all concurrency related facilities to accommodate development projects. Therefore, reserving capacity upfront is not a critical issue at this time. As development activity increases in the future, however, capacity may become an issue. When that occurs, reserving capacity for a project may become an actuality. Reserving capacity for one project means that the capacity reserved for the project is not available for other projects. For that reason, the county requires that an applicant pay all impact fees and utility capacity charges in order to reserve capacity, thereby ensuring that the F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives 102 Report\BCC Item - Incentives Report\AHAC 2020 report v6 - 12-1-20 BCC Review.doc county has the funds to construct the increment of capacity consumed by the applicant's project. To date, no affordable housing project or unit has been denied due to concurrency requirements. RECOMMENDATION: The county should maintain its current concurrency management procedures which allow for upfront reservation of infrastructure capacity. Like other applicants, affordable housing applicants may apply for an Initial Concurrency Certificate and reserve infrastructure capacity upfront. Each time the county evaluates its affordable housing incentives, the county will also determine whether or not its concurrency requirements are an impediment to approving affordable housing projects or issuing permits for affordable housing units. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ 103 E.Affordable accessory residential units. Through its land development regulations, Indian River County permits the construction of small dwelling units (second unit) as accessory to single family houses on a residentially zoned property. This regulation is intended to make inexpensive dwelling units associated with a primary residence available to low income households. Following is the applicable LDR section for accessory dwelling units. Section 971.41(10) of'the LDRs Accessory Dwellinz Unit: a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of section 971.41(10). The standards and requirements of this section are intended to make available inexpensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that housing costs continue to increase, that households continue to decline in size, and that the number of elderly Americans is on the rise. (b) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-3 A-2 A-1 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM4 RM -6 RM -8 RM -10 Con -2 Con -3 Rose -4 RMH-6 RMH-8 I Requirements of section 971.41(10) shall not supersede property owner deed restrictions. (d) Additional information required. . 1. A site plan conforming to Chapter 914 requirements. e) Criteria for accessory dwelling units: 1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district 2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be developed in conjunction with or after development of the principal dwelling unit 3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a principal dwelling unit 4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit 5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33) percent of the heated/cooled gross floor area of the principal structure or seven hundred fifty (750) gross square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area. 6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the principal dwelling unit 7. Detached accessory dwelling units shall be located no farther than seventy-five (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit 8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior facade material is similar in appearance to the facade of the existing principal structure. 104 9. One (1) off-street parking space shall be provided for the accessory dwelling unit in addition to spaces required for the principal dwelling unit. 10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the environmental health department's well and septic tank and drain field requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when well and/or septic tank facilities would be required to service development on those adjacent properties. 11. No accessory dwelling unit shall be sold separately from the principal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity of title document. 12. An accessory dwelling unit shall be treated as a multi family unit for traffic impact fee and traffic concurrency purposes, and the concurrency requirements of Chapter 910 for a multi family unit shall be satisfied On February 18, 2020, the BCC approved a recommendation by the AHAC to increase the square footage cap for accessory dwelling units from 33% to 50% of heated/cooled gross floor area of the principal home and to keep the 750 square foot under air cap, except for lots greater than one acre in size containing a principal residence greater than 2,500 square feet under air. In those cases, the accessory dwelling unit cap would be 1,000 square feet. While the BCC approved the AHAC recommendation, the next step to implement is to update the County's Land Development Regulations. ANALYSIS: On September 29, 1992, the Board of County Commissioners adopted the county's accessory dwelling unit provision. In Indian River County, accessory dwelling units are allowed in all residential zoning districts. In addition to allowing for these smaller units, Section 971.41(10) of the county's land development regulations establishes specific land use criteria to regulate the size, location and appearance of these units and prevent over crowding. Even though the county has allowed accessory dwelling units since 1992, these type of units were not popular until 2004, when the price of land and housing started to increase. When housing affordability became an issue, more people started looking at ways to create affordable housing units. One method was to build more accessory dwelling units. These types of units are appropriate as affordable housing units. Recently recommended revisions will allow more opportunities for homeowners to create more appropriately sized affordable housing units throughout the Unincorporated County. RECOMMENDATION: The county's accessory dwelling unit provision with modifications proposed by AHAC is appropriate and should be modified as recommended. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ 105 F. The reduction of parking and setback requirements for affordable housing. As structured, the county's Land Development Regulations establish minimum setback and lot size requirements for both single family residential zoning districts and multiple family residential zoning districts. These setback requirements provide a standard separation between houses and between houses and roadways. For affordable housing projects, the small lot subdivision provisions of section 971.41 of the LDRs allow for a reduction of lot size and building setbacks for single family homes. In the RS -6 zoning district, for example, single family homes are required to have a minimum lot width of seventy (70) feet. With small lot subdivisions, however, lots having a minimum width of only fifty (50) feet and reduced side yard setbacks of seven (7) feet (instead of ten (10) feet) can be created. While rear yard setbacks are reduced from 20 feet to 15 feet, the minimum front yard setback on all single family homes from the edge of right-of-way is twenty (20) feet. This setback distance allows for cars to be parked in the driveway and not block the sidewalk or impede pedestrian movement. More recently, the AHAC proposed and on February 18, 2020 the BCC approved the concept of allowing for very small lot subdivisions that would have lots as narrow as 36 feet. While the concept needs to be presented in code form to the BCC, it is anticipated that side, front, and rear yard setbacks will be similar to those of the County's small lot subdivision provisions. For residential uses, throughout the County's various residential zoning districts, the county requires two parking spaces for each dwelling unit. This requirement is detailed in section 954.05(56) and is as follows: Section 954.05(56) Single-family dwellings and duplexes. Two (2) spaces for each dwelling unit; single- family dwellings and duplexes shall be exempted from all other requirements in subsection 954.07(4) and 954.10. Uncovered parking spaces shall be exempted from the front yard setback requirements. ANALYSIS: To ensure health and safety, all residential development must meet current minimum parking and setback requirements for the appropriate zoning district as established in the county LDRs. For example, the county's 20 foot minimum front yard setback provides enough distance, but not an excessive distance, for parking a vehicle in a driveway without the vehicle projecting into the sidewalk. Reducing or eliminating parking requirements would force residents to park in roadway rights-of-way. This could create safety issues unless minimum mandatory right-of-way widths are increased (which would reduce lot depth and area). 106 Generally, reduced setbacks for affordable housing projects are appropriate, because reduced setbacks can increase yield and reduce housing prices. In Indian River County, the small lot subdivision allowances provide for reduced lot sizes, as well as reduced side yards and reduced rear yards setbacks, for affordable housing projects only. The very small lot subdivision concept proposed by AHAC and conceptually approved by the BCC on February 18, 2020 would serve to maintain an appropriate front yard setback but would reduce lot widths to as little as 36 feet. This would provide for the development of more homes and help to reduce overall development costs, while maintaining minimal but acceptable setback distances. RECOMMENDATION: The county's current parking requirements are appropriate and should be maintained. Through its small lot subdivision allowance, the county provides for appropriate reduced setbacks for affordable housing projects. This small lot subdivision allowance should be maintained. The additional very small lot subdivision allowance should be evaluated further and considered for adoption provided appropriate spacing and setbacks can be achieved while providing for appropriate home size and configurations. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 107 G. The allowance of flexible lot configuration, including zero lot line configurations for affordable housing. Currently, the Board of County Commissioners may grant waivers from the residential development standards found in Chapter 911 of the LDRs through the Planned Development (PD) process established in Chapter 915 of the county LDRs. If granted, these waivers can allow for development of small lot configuration, zero lot line and reduced setback projects. The waiver criteria for the PD process are found in section 915.15 of the LDRs and are provided below. Section 915.15. Planned development allowable waivers and development parameters. (1) Conceptual P.D. plans shall list, for all areas and phases within the P.D. project area, the proposed waivers and developmentparameters for the following: a. Minimum lot size (in square feet); b. Minimum lot width (in feet); c. Minimum lot frontage (in feet); d Minimum yard setbacks for buildings. front, rear, and side; e. Minimum yard setbacks for accessory structures (such as pools, patios, and decks); front, rear, and side, f. Maximum lot coverage; building(s) and impervious surface area, g. Minimum separation distances between buildings; h. Minimum right-of-way widths (byroad type); L Minimum open space per lot and by phase [Note: The minimum open space for the entire project shall meet or exceed the requirements of section 915.18.1 j. Minimum preservation/conservation area per lot. Note: more conceptual plan submittal requirements are listed -out in section 915.22 (2) Notwithstanding other provisions in this chapter (915) and Chapter 971, specific land use criteria listed in Chapter 971 may be waived (modified or not applied) where such criteria would merely apply to the compatibility of uses within the P.D. project area if approved by the county. Where specific land use criteria apply to the relationship of a use(s) within a P.D. project and properties adjacent to the project area, the specific land use criteria shall apply pursuant to the provisions of chapter 971. (3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in section 915.15(1) shall apply unless otherwise specifically waived or modified by other provisions of this chapter. ANALYSIS: Generally, the PD process serves as a mechanism whereby the county can approve projects with reduced setbacks and/or mixed uses. The advantage of using the PD process instead of traditional zoning is that an applicant can increase or at least maximize his development project's density. In the PD process, however, there are development required trade-offs, such as additional landscaping, which are required to gain the waivers for smaller lots and higher yield. These trade-offs can have the effect of off -setting any housing unit price reductions due to increasing yield. The county's small lot subdivision allowance, however, provides for specific reduced lot sizes, and setbacks without requiring any specific waivers. This is anticipated to be to a greater extent true with potential very small lot subdivision regulations recommended by the AHAC and conceptually approved by the BCC on February 18, 2020. 108 RECOMMENDATION: The county should maintain its existing PD process which allows for waivers from conventional zoning standards (setbacks, lot size, etc.) as an available option for residential development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [�] No ❑ 109 H. The modification of street requirements for affordable housing. As adopted, the county's existing sidewalk and street requirements provide for minimum construction standards to ensure public safety. According to section 913.09(b)(1) (Subdivisions and Plats) of the LDRs, all subdivisions must comply with the minimum standards set forth in Chapter 952 (Traffic). While Chapter 952 sets the minimum right- of-way width for a local or residential street at 60 feet, the minimum right-of-way width may be reduced to 50 feet if the street is constructed with a curb and gutter drainage system. In both cases, however, minimum lane widths remain the same at 11 feet. Although there is a higher cost associated with curb and gutter construction than with swale drainage, the reduction in the amount of right-of-way can produce a higher yield for a project. These street right-of-way requirements can be modified through the Planned Development (PD) process. Following is the county's current minimum right-of-way requirement. 913.09(b) (1) Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as stated in Chapter 952, Traffic, of the LDRs. The board of county commissioners may require the increase of right-of-way and pavement widths if it finds that the modification in width is consistent with the projected traffic needs and good engineering practice. No variance will be granted on minimum right-of-way widths for public streets. Right-of-way widths for one-way streets may be reduced from the above standards as approved by the public works director. ANALYSIS: As structured, the county's minimum street right-of-way width requirements are based on the minimum area needed to accommodate the various improvements that must be located in the right-of-way. Besides travel lanes, sidewalks, and drainage facilities, these improvements include water and sewer lines, gas lines, phone lines, cable lines, and others. Since the referenced improvements must be provided for in the road right-of- way, the county has determined that the minimum right of way width generally must be 60 feet for swale drainage roads and 50 feet for curb and gutter roadways. Reductions in those widths, however, may be accommodated via special designs approved through the County's PD (Planned Development) process. Because the county's minimum local road right-of-way width requirement may be modified through a PD process, when warranted, the county accommodates the subject incentive. RECOMMENDATION: The county's current street right-of-way general requirements are appropriate to ensure public safety, and the County's current allowance for modifications through the PD approval process should be maintained. 110 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 111 I. The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Currently, Policy 1.7 of the Housing Element of the Comprehensive Plan requires that a financial impact statement be provided to appropriate advisory committees as well as to the Board of County Commissioners prior to the adoption of any new county regulation that may increase the cost of housing. Below is Policy 1.7 of the Housing Element of the Comprehensive Plan which details the adoption process for county regulations that may increase the cost of new housing. POLICY 1.7. As part of the adoption process for any county regulation which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated costper unit for the development of housing, the Financial Impact Statement shall include an estimated increased cost per unit projection. The financial impact statement then will be reviewed by the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. ANALYSIS: Since 1994, staff has prepared Financial Impact Statements for all proposed new regulations impacting housing costs. By providing Financial Impact Statements of proposed regulations to decision -makers before the adoption of those regulations, planning staff ensures that decision -makers consider the costs as well as the benefits of proposed new policies, ordinances, and regulations. While these Financial Impact Statements do not prevent the Board of County Commissioners from adopting new regulations, the statements do provide the Board with an additional tool to measure the effect of proposed regulations. RECOMMENDATION: The county's current process of providing Financial Impact Statements to the Board of County Commissioners prior to adoption of any new regulations, ordinances, policies, procedures, or plan provisions that may increase the cost of affordable housing should be maintained. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 112 J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. In 2006, the Florida State Legislature passed HB 1363 relating to affordable housing. One provision of that bill was that each local government must prepare an inventory of all real property that it owns within its jurisdiction that is appropriate for use as affordable housing. Beginning in July 2007 then every 3 years thereafter, Indian River County needs to prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title and is appropriate for use as affordable housing. At a public hearing on June 19, 2007; the Board of County Commissioners reviewed an inventory list of 2007 county owned properties. The Board then adopted a resolution that included an inventory list of county owned properties that are appropriate for affordable housing. With respect to those properties, the Board of County Commissioners decided to donate the parcels to non-profit housing organizations for the construction of permanent affordable housing. Consistent with the legislature's three year review requirement, the Board of County Commissioners, in 2010, 2013, 2016, and 2019 reviewed an associated inventory list of county owned properties appropriate for the provision of affordable housing. At those times, the Board decided to sell surplus properties and deposit the sale proceeds into the county's affordable housing trust fund and to donate surplus properties to non-profit affordable housing developers. Comprehensive Plan Housing Element Policy 2.4 provides for maintaining an inventory of all surplus county -owned land and making those lots available to housing developers. POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S., maintain an inventory of all surplus county -owned land and foreclosed properties that are appropriate for affordable housing and dispose of these properties consistent with section 125.379 F.S. requirements. ANALYSIS: Consistent with state law, the Board of County Commissioners, in 2007, reviewed and approved an inventory list of county owned properties. Of all the properties on that list, ten were determined to be appropriate for affordable housing. The county then donated eight of these properties to non-profit affordable housing organizations for the construction of permanent affordable housing units. The non-profit housing organizations which received the donated lots were: Habitat for Humanity, Every Dream Has a Price, and the Coalition for Attainable Homes. Donating county owned surplus lands to non-profit housing organizations will reduce the cost of affordable housing units on the donated properties and is an appropriate affordable housing tool. In 2010, 2013, 2016, and 2019 the county reviewed and approved its associated inventory lists of county owned properties. The board determined properties to be surplus and directed staff to donate certain properties to non-profit housing organizations and to sell remaining properties and deposit the proceeds to the county's affordable housing trust fund. 113 RECOMMENDATION: Policy 2.4 of the Housing Element should be maintained, and the county should continue to keep a list of county owned surplus properties appropriate for affordable housing and disposing of those properties. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ 114 K. The support of development near transportation hubs and major employment centers and mixed use developments. In Indian River County, the Future Land Use Map (FLUM) identifies areas appropriate for residential development and the appropriate density for those areas. The objective of the FLUM is to create a land use pattern that situates residential development in close proximity to schools, health care facilities, employment centers, and major roadways. Policy 1.9 of the housing element provides support of development near transportation hubs, major development centers, and mixed use developments. The policy .reads as follows: Policy 1.9: The county shall support housing development near transportation hubs, major employment center, and mixed use development by expediting the permit process for these types of housing projects. ANALYSIS: In Indian River County, the future land use map is an important tool in establishing appropriate locations for residential development. Generally, the map provides for residential development to be located near compatible land uses, existing neighborhoods, and proximate to public transportation, major employment centers, and community services. Ideally, affordable housing projects should be located near employment centers and transportation hubs for additional savings in terms of transportation cost and travel time. For that reason, the county supports locating affordable housing developments near transportation hubs, major employment centers and mixed use developments by expediting the permit process for these types of housing projects. RECOMMENDATION: The county should maintain housing element policy 1.9 for support of residential developments to be located near transportation hubs, employment centers, and mixed use developments by expediting permit review for these types of developments. At its next Evaluation and Appraisal Report (EAR) review, the county will examine its land use policies and land use designations to determine if such policies and designations are appropriate for encouraging development near transportation hubs and major employment centers and consistent with a recent AHAC recommendation will evaluate the need for additional multi -family allowances (either through increased multi -family zoning or increased allowances for multi -family housing in other zoning districts). Solutions will be reviewed with the County Attorney to consider any potential legal issues and proposed to the BCC. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives 115 Report\BCC Item - Incentives Report\AHAC 2020 report v6 - 12-1-20 BCC Review.doc Other Housing Strategies Besides the affordable housing incentives listed in paragraphs A through K of Section 420.9076 F.S., the county has established several other policies to assist non-profit housing organizations to provide affordable housing throughout the county. Community Land Trust (CLT) Policy 4.10 of the Housing Element reads as follows: Policy 4.10: the county shall assist non-profit housing organizations in establishing Community Land Trusts (CLT) by providing technical support to those organizations. One tool to provide homeownership opportunities to households that would otherwise be renters is a Community Land Trust. A Community Land Trust (CLT) is a nonprofit organization that seeks to preserve housing affordability over the long term. By selling homes to low or moderate income families, but retaining ownership of the land under those homes, a CLT preserves housing affordability even after an affordable housing unit is sold. Generally, a CLT leases a land parcel to a homeowner for 99 years, while the homeowner owns the structure on the land. In the land trust model, buyers of land trust homes agree that, when they move, they will sell their home to another low or moderate income family at an affordable price. Consequently, resale of CLT units is limited to income eligible households, and resale prices are limited to keep CLT units affordable for the next homebuyer. By owning the land under the house, the land trust ensures that the subsidy is retained for the benefit of subsequent families. Therefore, the owner of a CLT unit may share in the equity produced by the sale of a CLT unit, but will not realize a market rate of return. According to the Central Florida Workforce Housing Toolkit, some of the most established CLT's are Durham, North Carolina; Burlington, Vermont; The New Town, Tempe, Arizona; Sawmill, Albuquerque, New Mexico; Middle Key, Florida; and Hannibal Square, Winter Park, Florida. Generally, CLTs are used: In fast-growing areas, where the price of real estate is escalating rapidly. They can be used in gentrifying areas to preserve a community's character. Limits on resale prices ensure that some housing remains affordable, even in these areas. In disinvested neighborhoods, where CLTs can be used to increase owner occupancy, decrease absentee ownership, improve the physical condition of housing and stabilize the community. Such CLTs assist not only the buyers of the CLT homes, but also existing homeowners in the area, who likely are lower income families. 116 In expensive resort communities, where CLTs can provide housing for the community's workers. Benefits: - Provides permanent stock of affordable & workforce housing - Lowers housing cost - Provides some return of equity Provides for deduction of mortgage interest payments - Provides financial stability (no fear of rent increase) - No cost to the county Issues: - Better for a household than renting, but not as good as traditional home ownership - Resale restriction limits ability of the owner to utilize full equity - Resale formula must be prepared carefully to provide some benefit to homeowner without making the house unaffordable for the next homebuyer - Mechanics of resales (direct sale or through CLT) are complicated and must be established upfront - Payment of ad valorem taxes and insurance are additional costs that an owner of a CLT home must incur that a renter does not Conclusion: A CLT is an effective method of providing affordable homeownership opportunities. Although CLTs are generally established by private non-profit groups, local governments usually assist non-profit housing groups which are willing to form CLTs. This assistance may involve providing technical assistance, providing surplus properties appropriate for affordable housing and others. RECOMMENDATION: The county should maintain Housing Element policy 4.10 for assisting non-profit housing organizations seeking to establish a CLT. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [�] No ❑ 117 Private/Public Housing Trust Fund Policy 4.13 of the Housing Element reads as follows: Policy 4.13: The county shall create a new private/public housing trust fund Generally, Housing Trust Funds are established through an ordinance or legislation passed by a county, city, or state legislature. Two steps are necessary to create a Housing Trust Fund. First, a revenue source must be dedicated to the Housing Trust Fund, or other obligations (e.g., developer extractions) that create revenue must be established. Second, the Housing Trust Fund must be created as a separate and distinct entity that can receive and disburse funds. Currently, the county has a housing trust fund for SHIP program funds and an HHR trust fund for HHR program funds. A private/public housing trust fund may be established by a city or county to collect public and private funds that may be used to assist income eligible households with the provision of affordable housing. A private/public trust fund would be separate from a SHIP trust fund. Benefits: - Can provide gap financing (low interest loan or grant) - No cost to the county, unless the county decides to contribute to the trust fund - Local governments that cannot provide affordable housing within their jurisdictions could contribute to a trust fund - Could be used as match to get other federal or state funds - Additional funding for provision of Affordable or Workforce Housing (gap fmancing or leveraging other funds). Issues: No major issues Conclusion: Establishing a private/public housing trust fund could facilitate the provision of more affordable housing. Within Indian River County, high cost barrier island towns that cannot provide affordable housing within their jurisdiction could contribute to a private/public affordable housing trust fund. Also, private parties, businesses, and developers could contribute money to this trust fund. RECOMMENDATION: The county should maintain Housing Element policy 4.13 for its current SHIP trust fund and in support of other trust funds that may be established in the future. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 118 Community Development Corporation (CDC) Policy 4.11 of the Housing Element reads as follows: Policy 4.11: The county shall assist non-profit organizations in establishing Community Development Corporations (CDC) by providing technical support to those organizations. Community Development Corporation (CDC) is a broad term referring to not-for-profit organizations incorporated to provide programs, offer services, and engage in other activities that promote and support a community. CDCs usually serve a geographic location such as a neighborhood or a town. They often focus on serving lower-income residents or struggling neighborhoods. They can be involved in a variety of activities, including economic development, education, and real estate development. These organizations are often associated with the development of affordable housing. Activities: Benefits: ■ Real estate development - affordable housing ■ Economic development -small business lending -small business technical assistance -small business incubation (i.e. provision of space at low or no cost to start-up businesses) ■ Education -early childhood education -workforce training ■ Non profit incubation ■ Youth and leadership development ■ Advocacy ■ Community Planning ■ Community Organizing Facilitates development of affordable or workforce housing Advocates for affordable housing No cost to the county Issues: No major issues Conclusion: An active CDC can assist with the provision of affordable housing. RECOMMENDATION: The county should maintain policy 4.11 of the Housing Element for providing assistance to any not-for-profit organization proposing to form a CDC. 119 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 120 Employer Assisted Housing Policy 4.12 of the Housing Element reads as follows: Policy 4.12: The county shall assist employers with establishing employer assisted housing projects by providing technical support to those employers. Employer Assisted Housing (EAH) is an initiative where employers can assist their employees in purchasing a home; in exchange, the employer is guaranteed that the participating employee will remain with the firm for a designated period of time. The employee benefits as he/she receives substantial assistance in obtaining a home. The employer benefits as the program is an effective recruitment tool and aids in the retention of employees. Employers who wish to assist employees with housing can undertake any number of activities, including: providing (or partnering with another agency to provide) homeownership education and counseling services; providing down payment assistance, closing cost assistance and/or second mortgage financing as grants, low or no -interest loans or forgivable loans; offering an employee a savings plan with the employer making a matching contribution; providing a mortgage guarantee to assist employees with securing financing; or acquiring property to rent to employees, either at market or subsidized rates. Employer assisted housing programs generally are used in areas where housing prices are high and/or unemployment is low, and in areas where one employer is dominant. Benefits: Issues: Provision of affordable or workforce housing Effective recruitment and retention tools for large private and public employers Additional cost to employer Conclusion: Employer assisted housing is an effective program for employers to provide affordable housing for workers and to retain those workers for longer periods. RECOMMENDATION: The county should maintain Housing Element .policy 4.12 for assisting employers with establishing an employer assisted housing program. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 121 New Construction Technologies Policy 1.8 of the Housing Element reads as follows: Policy 1.8: The county shall expedite permits for housing projects utilizing new construction technologies, including green building programs and , Energy STAR® Program. New construction technologies (such as modular homes, factory made tiny homes, etc.) and new green building programs may be utilized for the provision of affordable housing. In some cases, new construction technologies can expedite the construction of new affordable homes and be more cost effective. As part of the January 22, 2020 AHAC recommendations approved by the BCC, is a recommendation to develop tiny and modular home information packets. Those packets once developed will be made available to homeowners and builders to inform them of the possibilities, key code allowances and requirements, and review processes related to them. The informational packets should serve to promote more affordable housing by simply presenting the option and helping to facilitate their expedited development through prompt/informative information. Benefits: - Decreases housing cost - Expedites housing production Issues: - None Conclusion: This is an effective way of reducing housing cost. Currently, the county allows new construction technologies, including green building programs, and expedites permits for affordable housing projects. Providing detailed information will help to encourage and ultimately facilitate development of new affordable housing types. RECOMMENDATION: The county should maintain Housing Element policy 1.8 for expediting permits for affordable housing projects utilizing new construction technologies and green building programs. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ 122 CONCLUSION Since adoption of the County's Comprehensive Plan Housing Element in 1990, adoption of the County's Affordable Housing Incentive Plan in 1994, and then adoption of the County's EAR based amendments in 2010, the county has established and maintained a number of affordable housing incentives. As such, Indian River County currently provides ten of the eleven affordable housing incentives listed in items A through K of Section 420.9076(4) F.S. For reasons explained in the analysis, the item H incentive relating to modification of street requirements has not been adopted and is not recommended for adoption. In the past, the county's ten adopted affordable housing incentives have worked well in encouraging non-profit housing organizations and for-profit affordable housing developers to provide affordable housing. Recent analysis by the AHAC, however, has identified opportunity for revision to several of the existing incentive strategies. Those proposed revisions include ordinance revisions to allow very small lot subdivisions (in addition to the current allowance for small lot subdivisions), increased accessory dwelling unit size, and greater affordable housing development density. To be implemented, each will need to be reviewed in greater detail, drafted in ordinance format, and presented to the BCC for final review and consideration. The table on the next page provides a summary of recommendations for items A through K of Section 420.9076, F.S. 123 ,VQ Ncn rl on n r. 0 4Q O O b bqcl Urn > cC i. V O om+ U o 0 U - Q > o 0 w ° � � c. w° v7 �O ' y V U V] MyvOi W � o bA vO� w p V y �1..x4 C _ U U'� r.+ .ai ti bq � U O .� O ,A o .� .'� y . 3 .� p,.� b O N O x 0. > 'o " awn , U = o (D aoi il - O -o N U ri OC N U �'' > CV y E— "•+ N c a X w o .y O N O u '� voi• 0 N Q W O CU N W O .y .b u ,� cd Wd) W W N c0 N .�.". N U o b. v 0 o w W by w cUC W bq U 4: to �' F" ' 'O cWC "" N W tc U U O V3 .O �, c'"O O O 'b .m j, U z,b O O 00 � �"' O O Q .o ca i. O O OU ff." 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U e� 0 d�U cOC 42 cF.i • U bD ti ti cua O 1-0 N N N 0 w O w 0 o a? o ani m o q U `ccQ o b O 0 o G 'ca w •o 0 � � � �'' `' ° v Q. � � F � � U � -o � o ani w o a, W v > o ori � U a H UU On E In N r -I O � W °? � o ° a d ° (D x cn40,0 O U N 0 obb �'C3 oo 'o U U O 0. ca O .. 4 0 weCd 10 Q E u a �L Qr O L Qr d O z a Q w Q � o w � y O Q it i11 b i a b CU $. d �U 'CS O u O.� U0 wxzH m AHAC RECOMMENDATION: The Affordable Housing Advisory Committee recommends that the Board of County Commissioners approve the 2020 AHAC Report, maintain the county's current affordable housing incentives, and proceed with additional revisions to the incentive as outlined in this report. Attachments 1. Section 911.14(4) of the LDRs, Density Bonus 2. Section 971.41(9) of the LDRs, Small Lot Subdivision 3. Resolution No. 2008-038 Establishing AHAC 4. Resolution No. 2020-086 Updating the AHAC Membership 5. Copy of Public Hearing Advertisement 6. Copy of DRAFT BCC Resolution to adopt AHAC Report Recommendations NS\2020 Incentives Report\BCC 37 127 Section 911.14(4) of the LDRs, Density Bonus. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the requirements of the Indian River County Land Development Regulations Section 911.14 and Section 971.41(9). (3) Density. (a) The maximum density of residential communities shall be established by the density of the underlying land use designation. (b) Residential communities within commercial or industrial land uses shall have a maximum density of eight (8) dwelling units per acre. I No residential community shall exceed the maximum permitted density as stated in (a) or (b) above unless a density bonus meeting the provisions of section 911.14(4) is approved as part of planned development. (4) Density bonus. (a) Affordable housing. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. 1. For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two (2) times the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation; or b. Has a monthly rent less than one -twelfth (1112) times thirty (30) percent of eighty (80) percent of the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation. 2. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the following requirements: a. The affordable dwelling unit shall remain available as an affordable dwelling unit for the following periods: i. Owner -occupied units shall remain affordable dwelling units for a period of not less than twenty (20) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. ii. Renter -occupied units shall remain affordable dwelling units for a period of not less than fifteen (15) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit; b. Initial occupancy of an owner -occupied affordable dwelling unit shall be by a household classified as very low-income, low-income or moderate -income whereby the classification is verified by the Indian River County Community Development Department or an agency, either public or private, designated by the community development department or by any state or federal public agencies. c. Households occupying an affordable housing rental unit shall be classified as very low, low, or moderate -income households whereby the classification is verified by the Indian River County Community Development Department, or its designee or by any state or federal public agency, prior to the household's occupancy of the unit. While occupying the affordable housing rental unit, a household's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the county's median household income adjusted for household size. d. With respect to owner -occupied affordable dwelling units provided under the provisions of the section: i. The owner -occupant's household annual adjusted gross median income may increase without limit following the household's purchase of the affordable dwelling unit; and ii. Resale of an affordable dwelling unit by the initial owner or any subsequent owner shall be subject to one of the following provisions: a. If the purchasing household is not verified to be either a very low, or low income household, then the selling household shall be subject to providing a cash payment of the original loan amount and applicable interest, to the Indian River County Local Housing Assistance Trust Fund. b. If the purchasing household is verified to be either a very low, or low income household, then the selling household shall not be required to provide any payment. AHAC Incentives Report Attacninent I e. For projects utilizing the provision of on-site or off-site affordable dwelling units, no certificate for occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units certified for occupancy to affordable dwelling units certified for occupancy is equal to or greater than the overall project's approved ratio of market rate dwelling units to affordable dwelling units. f. Prior to the issuance of a certificate of occupancy for the affordable dwelling unit(s), a separate private deed covenant, entitled a "restriction on transfer, " shall be filed in the public records of Indian River County. The covenant shall be subject to review and approval by county staff in order to verify compliance with the requirements of this section, and the covenant shall: i. Identify the subject unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Identify the units corresponding fifteen- or twenty-year affordability timeframe; and iii. Identify that the initial owner and each subsequent owner of an owner -occupied affordable dwelling unit must satisfy and comply with the re -sale provision of the county's local housing assistance plan; and iv. Identify the Board of County Commissioners of Indian River County or its community development department or as its designee,as the agency with enforcement and verification authority to enforce the terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and v. Identify any additional terms or conditions relating to the provision of the affordable dwelling unit as established by the Board of County Commissioners via its review and approval of the corresponding planned development approval. vi. Specify that monitoring the occupancy of the affordable dwelling unit shall be included in the compliance monitoring activities of the county's local housing assistance program, or a suitable substitute determined by the Indian River County Board of County Commissioners. vii. Specify that no provision of the restrictive covenant may be amended without the consent of the Board of County Commissioners of Indian River County. 3. An applicant may obtain a development density bonus for a planned development project in compliance with one of the following options: a. An applicant may obtain a density bonus by providing affordable dwelling units within the residential development project which will utilize the density bonus. For development projects utilizing the on-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as indicated in the following table: Very Low Income Density (VLI) and Low Income Bonus (Percent Additional Density Bonus for Providing Range of Possible Density (LI) Affordable increase Additional Buffer and Landscaping based on Bonus Percentage (Percent Units as in one of the following options (percent increase increase in allowable Percentage of allowable in allowable units) units) Project's Total units). Units Option I Option II Material equal to a 20' wide Type Material equal to a 10' B buffer* with 6' wide Type C buffer* with opaque feature 6' opaque feature along along residential residential district district boundaries and 4' opaque boundaries and feature along roadways 4' opaque feature along roadways More than 30% 10% 5% or 10% 10-20% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations b. An applicant may obtain a density bonus by providing affordable dwelling units off-site from the residential development project which will utilize the density bonus. For development projects utilizing the 129 off-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as follows: The percentage of density bonus shall be one-half (1/2) of the applicable density bonus as determined for on-site affordable housing projects as provided in the above table. (5) Approval procedure and other requirements. All planned developments shall be reviewed consistent with the requirements of Chapter 915, Planned Development. FACommunity Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISI0NS\2020 Incentives Report\BCC Item - Incentives Report\Attachments to AHAC ReportW,ttachment la.doc 130 Section 971.41(9) of the LDRs Small Lot Subdivisions. Small lot single-family subdivisions (administrative permit): (a) Districts requiring administrative permit approval, (pursuant to the provision of 971.04): RS -6, RT -6, RM -6, RM -8, RM -10 (b) Criteria for small lot subdivisions: 1. The small lot subdivision shall be serviced by centralized water and wastewater. 2. The gross density of any small lot subdivision shall not exceed the maximum density allowed within the zoning district in which the subdivision. is located. 3. Perimeter lots are those lots which abut or are adjacent to areas not included in the proposed small lot subdivision. Perimeter lots which abut property having a residential or agricultural zoning designation shall: a. Conform to the standard applicable size and dimension criteria of the respective zoning district in which the project is located; or b. Comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5, 000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: Minimum rear yard setbacks shall be provided, based upon lot width, as indicated in the table below: Lot Width (feet) Rear Yard (feet) >=50 & <55 30 >=55 & <60 27 >=60 & <65 24 >=65 & <70 22 4. Interior lots (those determined not to be perimeter lots) and those perimeter lots which abut a property having a commercial/industrial land use designation shall comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5, 000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: 15 feet AHAC Incentives Report Attachment 2131 5. Accessory structures may encroach into required yards as allowed in section 911.15 of the land development regulations. 6. In lieu of buffering requirements specified in Chapters 911 and 913, the following buffer requirements shall apply to small lot single -family subdivision projects: A. Buffers adjacent to collector and arterial roads. A twenty-five-foot wide Type `B" buffer with six-foot opaque feature shall be provided along all perimeters that are adjacent to collector and arterial roads. B. Buffers for other perimeters. A ten foot wide Type "C" buffer with three-foot opaque feature shall be provided along all perimeters that are not adjacent to collector and arterial roads. C. The buffer improvement(s) shall be located within a buffer easement(s) or tract(s) as designated on the small lot subdivision plat. Said easement(s) or tract(s) shall be depicted on the final plat and shall be dedicated to the subdivision's property owners' association to ensure maintenance of the buffer improvements. The buffer easement improvement(s) shall be considered a required subdivision improvement and shall be provided in accordance with the provisions of section 913.08 of the land development regulations. D. No structure(s), other than those related to buffering, drainage or utilities, shall be located in the buffer easement. 7. In lieu of the green/recreation space, swale, curbing, and sidewalk requirements of Chapters 911 and 913, the following requirements shall apply: A. A minimum seven and one-half (7.5) percent of the total project area shall be provided as green space/recreation space. Said area may consist of preserved wetlands and or native uplands, park space, pools, day-care space, clubhouses, ball-courts, playgrounds, play-field areas, or similar uses approved by the community development director. Said area(s) shall be designed to be conveniently accessible and useable by all project residents. B. Sidewalks (minimum four foot width) shall be provided along both sides of all streets unless an alternative design is approved by the community development director. C. The urban service area boundary buffer and wall variation requirements of Chapter 913 shall apply to small lot single -family subdivisions. 8. Minimum building setbacks as specified in 971.41(9)(b)3. and 4. above, shall be depicted as a residential building envelope on the preliminary plat. Language shall be noted on the final plat to the effect that specially-approved setbacks are in effect on the lots. 9. Workforce or affordable housing. In exchange for lot size and setback reductions, small lot single - family subdivision projects shall meet the following workforce or affordable housing criteria: A. All dwelling unit sales and rent prices shall be restricted for a period of at least ten (10) years from the date of the unit's first sale (closing). 1. The initial sales price of a small lot subdivision housing unit shall not exceed three and one-half (3 1/2) times the Indian River County annual median household income. Over the ten year restriction period, the sales price may be increased three (3) percent per year (compounded annually). 2. Where a small lot subdivision housing unit is rented, the monthly rental price shall not exceed the Indian River County maximum rent by unit type for moderate income as published by the Florida Housing Finance Corporation. B. As an option to and in lieu of criterion `A" above, an applicant may propose an alternative to the resale price and appreciation restriction. Any such alternative must ensure that small lot subdivision housing units remain affordable for at least ten (10) years. An alternative to the sales price restriction shall be structured as a deed restriction which shall apply to lots created by the small lot subdivision process. The draft restriction shall be submitted in conjunction with the small lot subdivision preliminary plat application and shall: • Identify the proposed method of ensuring affordability which may include: - Rent/price resale restriction - Buyer income qualification - Shared equityprocess - Other • Identify appeal/variance procedure or a prohibition of appeals/variances -Identify a monitoring program which shall be administered by public agencies or private organizations qualified to provide or assist with workforce or affordable housing. The alternative shall be considered by the planning and zoning commission and evaluated under the above criteria. The PZC is authorized to approve the alternative and attach conditions to ensure that the above criteria are satisfied. C. The maximum size of each dwelling unit shall be restricted in perpetuity to one thousand five hundred (1,500) square feet under air. 132' D. The restrictions required under items A. or B., and C. above shall be incorporated into deed restrictions, running in favor of the county and any unit buyer or renter, approved by the county attorney and filed in the public records by the project applicant. The sales price restriction shall require county consent of the sales price prior to each closing during the ten-year restriction period. Such consent is authorized to be made by the community development director or his designee. F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\BCC Item - Incentives Report\Attachments to AHAC Report\Attachment 2a.doc AHAC Incentives Report Attachment 2133 AHAC Incentives Report Attachment J34 r A TRUE COPY CERTIFICATION ON LAST PAGE J,K, BARTON, CLERK RESOLUTION NO. 2008 -038 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA> ESTABLISHING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE AND ASSIGNING TASKS TO THE COMMITTEE. WHEREAS, Indian River County adopted Ordinance No. 93 - 13, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of the Indian River County Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the. duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Code; and WHEREAS, the 1993 Affordable Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of the HB 1375, revised Section 420.9076;F.S. to require all Counties in the state to establish Affordable Housing Advisory Committees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1• A new Affordable Housing Advisory Committee.(AHAC) is hereby established. 2•: The Affordable Housing Advisory Committee voting membership shall be as identified in Exhibit "A" attached to this resolution. 1 AHAC Incentives Report Adichment 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION NO. 2008 - 038 3. The Affordable Housing Advisory committee non-voting membership shall be as identified in Exhibit "B" attached to this resolution. 4. Vacancies in membership shall be filled and approved by majority vote of the Indian River County Board of County Commissioners. 5. The provisions of Chapter 103, Commissions and Boards, of the Indian River County Code shall apply to the activities of the Affordable Housing Advisory Committee unless otherwise specified in Section 308.07 of the Indian River County Code. 6. The Affordable Housing Advisory Committee shall have no power or authority to commit Indian River County to any policies, incur any financial obligation, or create any liability on the part of the County until approved or adopted by the Board of County Commissioners, 7. Duties of the Affordable Housing Advisory Committee include but are not limited to: ■ Providing advice to the Board of County Commissioners regarding the provision of affordable housing and workforce housing within the county ■ Assessing new affordable housing strategies ■ Reviewing and assessing the county's current. affordable housing incentives • Reviewing the County's current policies and procedures as related to the provision of affordable housing 2 136 ARRC Incentives Report Attachment 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION NO. 2008 - 038 • Reviewing the Housing Element component of the County's Comprehensive Plan Evaluation and Appraisal Report. ' Reviewing the County's Land Development Regulations as they relate to the provision of affordable and workforce housing. ■ Submitting a report to the Board of County Commissioners by December 31, 2008 and each 3 years thereafter; to recommend specific actions or initiatives to encourage and facilitate affordable housing while protecting the ability of property to appreciate in value. The foregoing resolution was offered by Commissioner 'D. O'Bryan and seconded by Commissioner khsley S. Davis , and, being put to a vote, the vote was as follows: Chairman, Sandra L. Bowden Aye Vice -Chairman, Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Joseph E. Flescher Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 18`h day of March , 2008. 3 137 AHAC Incentives Report Attachment 3 RESOLUTION 90. 2008 - 038 INDIAN RIVER COUNTY, FLORIDA ATTEST: BOARD OF COUNTY COMI.SSIONERS By, San owe airman Jeffrey K. Barton, Clerk APPROVED AS TO FORMAT AND LEGAL SUFFICIENCY: I NDIANETE Lp— RC� TY / CEpTIFY TFIgT THIS IS William G. Collins, II DCORREGTCopy OF NAL ON FILE IN THISCounty Attorney D.C. p lA �bCl�j 4 AHAC Incentives Report Attachment 3 138 RESOLUTION NO. 2008 - 038 EXHIBIT "A" Members of the Indian River County Affordable Housing Advisory Committee Appointed by the Indian River County Board of County Commissioners, pursuant to Section 420.9076(2).F.S.: Representational Criteria Voting Members 1• A citizen who is actively engaged in the residential home building industry in connection with affordable housing. 2. A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. 3. A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. 4• A citizen who is actively engaged as .an advocate for low- income persons in connection with affordable housing. 5. A citizen who is actively engaged as a for-profit provider of affordable housing. 6. A citizen who is actively engaged as a not-for-profit provider of affordable housing 7 A citizen who is actively .engaged as a real estate professional in connection with affordable housing. 8. A citizen who actively serves on the County's local planning agency (Planning and Zoning Commission) S.163.3147F.S. pursuant to 9. A citizen who resides within the county. 10.. A citizen who represents employers within the county. 11. A citizen who represents essential services personnel, as defined in the Local Housing Assistance plan. 1 139 AHAC Incentives Report Attachment 3 RESOLUTION NO. 2008 - 038 EXHIBIT "A" Voting Members 12.: A representative appointed by the. City of Fellsmere 13. A representative appointed by the City of Vero Beach 14. A representative. appointed by the City of Sebastian 15. A representative appointed by the Town of Indian River Shores 16. A representative appointed by the Town of Orchid EXHIBIT "B" Non -Voting Member Representational Criteria 1. A member of the Indian River County Board of County Commissioners F:\Community Development\Users\VICKIE\HOUSING\AHACMEM3.rtf A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION NO. 2020 - 086 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERSHIP AND RESTATING ITS TASKS, POWERS, AND DUTIES WHEREAS, Indian River County adopted Ordinance No. 93 — 13, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of the Indian River County Ordinance Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Ordinance Code; and WHEREAS, the 1993 Affordable Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of HB 1375, revised Section 420.9076 Florida. Statutes to require all counties in the state to establish Affordable Housing Advisory Committees and to prepare a report every three years that reviews local established policies and procedures, ordinances, Iand development regulations and comprehensive plan and recommend specific actions or .initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, on March 18, 2008, the Indian River County Board of County Commissioners adopted resolution 2008-038 establishing a new Affordable Housing Advisory Committee as directed by the state to fulfill the requirements of HB 1375; and WHEREAS, as part of resolution 2008-038, the Board of County Commissioners appointed a total of seventeen members to the Affordable Housing Advisory Committee, consisting of eleven voting members from categories outlined in state statute, five additional voting members consisting of a representative appointed by each of the towns and cities in the County, and one non-voting Board 141 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION NO. 20,20 - 086 of County Commissioners liaison; and WHEREAS, the Affordable Housing Advisory Committee created and approved the County's first Affordable Housing Advisory. Committee Report on November 18, 2008, which was subsequently approved by the Board of County Commissioners on December 9, 2008 and submitted to the Florida Housing Finance. Corporation; and WHEREAS, since approval of that report, three additional Affordable Housing Advisory Committee reports were prepared, recommended for approval by Affordable Housing Advisory Committee, approved by the Board of County Commissioners, and submitted to the Florida Housing Finance Corporation; one in 2011, one in 2014; and the other in 2017; and WHEREAS, the current Affordable Housing Advisory Committee has eleven members plus a Board of County Commissioners liaison; and WHEREAS, the 2020 Florida Legislature, as part of HB 1339, revised section 420.9076, Florida Statutes, to require the Affordable Housing Advisory Committee membership to include a member of the Board of County Commissioners; and WHEREAS, the state has advised that the Board of County Commissioner member must be a voting member of the Affordable Housing Advisory Committee and cannot be a liaison; and WHEREAS, adding the Board of County Commissioners member as a voting member to the County's currently established Affordable Housing Advisory Committee would place its membership at twelve (12), which is one (1) member more than the statutorily mandated cap of eleven (11) members; and WHEREAS, to meet the statutory cap of eleven (11) members, the Town of Orchid, which is the smallest town in the County, has graciously agreed to serve as an alternate for the Town of Indian River Shores when that member cannot attend, while able to participate in a non-voting capacity at regular meetings when the Town of Indian River Shores member is present; and WHEREAS, in all cases, the Town of Orchid alternate is welcome to attend Affordable 2 142 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION NO. 2020 -086 Housing Advisory Committee meetings and provide input. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Affordable Housing Advisory Committee voting membership shall be modified as identified in Exhibit "A" attached to this resolution, adding one (1) Board of County Commissioner as a member and removing the one (1) representative from the Town of Orchid. 2. Vacancies.in membership shall be filled as noted in Exhibit "A". The foregoing resolution was offered by Commissioner O' Bryan and seconded by Commissioner Zorc _ , and, being put to a vote, the vote was as follows: Susan Adams, Chairman AYE Joseph E. Flescher, Vice Chairman AYE Tim Zorc, Commissioner AYE Peter D. O'Bryan, Commissioner AYE Bob Solari, Commissioner NAY The Chairman thereupon declared the resolution duly passed. and adopted this 6th day of October . ; 2020. BOARD OF COUNTY OF 1111 N RIVER C{ � yMlS3/0�✓.9s • 4� •''•..SER COU�� •. ATTEST BY: Jef&ey Smith, Clerk Of Circuit Court and Comptroller 3 143 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION NO. 20.20 -08 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylaneingold, County Attorney APPROV AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director .19 144 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE RESOLUTION NO. 2020 -086 J.R. SMITH, CLERK EXHIBIT "A" Voting Members 1. A representative appointed by the City of Fellsmere 2. A representative appointed by the City of Vero Beach 3. A representative appointed by the City of Sebastian 4. A representative appointed by the Town of Indian River Shores* * A representative appointed by the Town of Orchid to serve as an alternate in the absence of the Town of Indian River Shores representative In addition to the four, municipal representatives listed above, the Board of County Commissioners shall appoint one (1) member from the Board of County Commissioners and appoint/select six members from the list below (as required by Section 420.9076(2) Florida Statutes and County Policy). • A citizen who is actively engaged in the residential home building industry in connection with affordable housing. A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. • A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. • A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 0 A citizen who is actively engaged as a- for-profit provider of affordable housing. A citizen who is actively engaged as a not-for-profit provider of affordable housing. • A citizen who is actively engaged as a real estate professional in connection with -affordable housing. A citizen who actively serves on the County's local planning agency (Planning and Zoning Commission) pursuant to Section 163.3147 Florida Statutes. i A citizen who resides within the county. 145 AHAC Incentives Report Attachment 4 RESOLUTION NO. 2020 -086 • A citizen who: represents employers within the county. • A citizen who represents essential services personnel, as defined in the Local Housing Assistance plan. FXommunity DevelopmentlSHIP\AHA0Resolutions and Ordinances\2020 Resolutionand Ordinance Revisions\Resolution\AHAC MEMBERSHIP RESOLUTION - 2020 Clean.docx STATE OF FLORID INDIAN FiiVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THRIGINAL ON FILE IN THIS OF 1 E n n 8Y I IMPI T 7) ,, P, 0L�� 0.C: DATE 146 AHAC Incentives Report Attachment 4 Public Hearing Notice Notice is hereby given that, on October 28, 2020, the Indian River County Affordable Housing Advisory Committee (AHAC), pursuant to requirements of Section 420.9076(5), F.S., will conduct a public hearing on the Affordable Housing Advisory, Committee's 2020 Incentive Review and Recommendation Report for revisions and additions to the county's affordable housing incentives. The AHAC report addresses all affordable housing incentives listed in paragraphs A through K of Section 420.9076(4), F.S. As structured, the draft AHAC report recommends keeping all of the county's current affordable housing incentives. Date & Time: Wednesday, October 28, 2020, at 9:00 a.m. Place: Conference Room B1-501 County Administration Building "B" 1800 27th Street Vero Beach, FL 32960 Reports: Copies of the AHAC Report are available at the Planning Division located at 1801 27th Street, Vero Beach, FL 32960 and at the county website at: http://www.irc.gov.com/ ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICAN'S WITH DISABILITIES ACT (ADA) COORDINATOR AT (772) 226-1233 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. To be advertised on October 14, 2020, in Section `,`A" Please charge to account # 334192, Attn: Kathy Charest Please forward 1 proof of publication before public hearing date to: Kathy Charest kcharestAircgov.com F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\Agenda Items\AHAC Agenda Item #2\Attachment 5 - Public Hearing Notice.doc 147 RESOLUTION NO. 2020 - A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2020 REPORT AND DIRECTING STAFF TO SUBMIT THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN TO FLORIDA HOUSING FINANCE CORPORATION (FHFC) WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on October 28, 2020 to review the Affordable Housing Advisory Committee's 2020 Report; and WHEREAS, the AHAC at its October 28, 2020 public hearing voted to recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2020; and WHEREAS, per state requirements Local Housing Assistance Plans must be revised every three years; and WHEREAS, a copy of the amended Indian River County Local Housing Assistance Plan must be submitted to the Florida Housing Finance Corporation for its review by May 1, 2021. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: 148 RESOLUTION NO. 2020 - Section 1. The above recitals are ratified in their entirety. Section 2. The attached Indian River County Affordable Housing Advisory Committee 2020 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2020. Section 4. Staff is directed to submit a copy of the revised Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by May 1, 2021. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Joseph H. Earman Commissioner, Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 1St day of December, 2020. (Signatures on next page) 149 RESOLUTION NO. 2020 - Board of County Commissioners of Indian River County 05-2 Joseph E. Flescher, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Dylan Reingold County Attorney FACommunity Development\SHIP\AHACWNNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Repott\BCC Item - Incentives RepottWttachments to AHAC Report\Attachment 6 - RESOLUTION for 2020 AHAC Reportdocx 150 RESOLUTION NO. 2020 - A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2020 REPORT AND DIRECTING STAFF TO SUBMIT THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN TO FLORIDA HOUSING FINANCE CORPORATION (FHFC) WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on October 28, 2020 to review the Affordable Housing Advisory Committee's 2020 Report; and WHEREAS, the AHAC at its October 28, 2020 public hearing voted to recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2020; and WHEREAS, per state requirements Local Housing Assistance Plans must be revised every three years; and WHEREAS, a copy of the amended Indian River County Local Housing Assistance Plan must be submitted to the Florida Housing Finance Corporation for its review by May 1, 2021. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: Attachment 2 — BCC Staff Report 151 RESOLUTION NO. 2020 - Section 1. The above recitals are ratified in their entirety. Section 2. The attached Indian River County Affordable Housing Advisory Committee 2020 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2020. Section 4. Staff is directed to submit a copy of the revised Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by May 1, 2021. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Joseph H. Earman Commissioner, Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this l' day of December, 2020. (Signatures on next page) 2 Attachment 2 — BCC Staff Report 152 RESOLUTION NO. 2020 - Board of County Commissioners of Indian River County 0 Joseph E. Flescher, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Dylan Reingold County Attorney FACommunity Development\SHIPkAHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\BCC Item - Incentives Report\2 - RESOLUTION for 2020 AHAC Report.docx Attachment 2 — BCC Staff Report 153 Indian River County Affordable Housing Advisory Committee 2020 Incentives. Review and Recommendation Report Community Development Department Indian River County 1801 27th Avenue Vero Beach, Florida 32962 (772) 226-1237 Approved by the Affordable Housing Advisory Committee at a Public Hearing on (October 28, 2020) Approved by the Board of County Commissioners (December , 2020) Resolution No. 2020 — 154 INTRODUCTION With passage of HB 1375 in 2007, local governments that receive State Housing Initiatives Partnership Program funds were required to establish an Affordable Housing Advisory Committee (AHAC) by June 1, 2008. In Indian River County, the Board of County Commissioners created an Affordable Housing Advisory Committee on March 18, 2008. Between 2008 and 2019, triennially each AHAC was required to review their local government's established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. Pursuant to House Bill 1339 adopted during the 2020 Florida Legislative Session, each AHAC must now annually complete this task. In Indian River County, the first AHAC report was approved by the Board of County Commissioners on November 19, 2008. Following submission of the initial AHAC report, reports were required to be submitted triennially on December 31 every three years. Therefore, the subsequent AHAC reports were approved on December 6, 2011, December 9, 2014, and December 5, 2017. The next AHAC report must be submitted to the FHFC by December 31, 2020. According to Section 420.9076 (4) F.S., each AHAC report must give recommendations on affordable housing incentives in the following areas: A. The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. All allowable fee waivers provided for the development or construction of affordable housing. C. The allowance of flexibility in densities for affordable housing. D. The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. E. Affordable accessory residential units. F. The reduction of parking and setback requirements for affordable housing. G. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. H. The modification of street requirements for affordable housing. I. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. K. The support of development near transportation hubs and major employment centers and mixed use developments. 155 FIIX_ V t jL ED In February, 1990, the Indian River County Board of County Commissioners adopted the Indian River County Comprehensive Plan. In the Housing Element of that plan, Policy 1.3 stated: "An advisory committee shall be appointed by the Board of County Commissioners to provide additional guidance on county housing policies. Comprised of representatives of the housing industry, financial institutions, Housing Authority, and citizens, the committee shall be advisory and terminated upon acceptance of its final report. This committee shall submit a final report to the Board of County Commissioners by 1993..." Consistent with Housing Policy 1.3, the Board of County Commissioners, on March 5, 1991, created a fifteen (15) member Indian River County Affordable Housing Advisory Committee (Resolution No. 91-29). That committee was comprised of representatives of the housing industry, financial institutions, and the Housing Authority, as well as citizens. In April 1993, the Affordable Housing Advisory Committee voted to adopt and transmit the Committee's Final Report to the Board of County Commissioners for its review and consideration. That final report was submitted to the Board of County Commissioners on May 25, 1993, and the original AHAC was then dissolved. In 1992, the Florida Legislature established the State Housing Initiatives Partnership (SHIP) program. The purpose of the SHIP program is to provide funds to local governments for the provision of affordable housing for qualifying households. In order to receive SHIP funds, the county was required to satisfy several requirements, including the creation of a Local Affordable Housing Advisory Committee to conduct a review of the county's regulations and to develop a Local Housing Incentive Plan. To obtain SHIP funds, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Program (Ordinance #93-13) in April 1993. Consistent with the requirements of Section 420.9076, F.S. and Section 308.07 of the County Code, the Board of County Commissioners created the county's second Affordable Housing Advisory Committee (AHAC) in 1993. The function of that committee was to review the County's Local Housing Assistance Plan and develop local housing incentive strategies. Once established, that committee worked with staff and fulfilled all of the requirements of Section 420.9076, F.S. On December 13, 1994, the Board of County Commissioners adopted the final Indian River County Affordable Housing Incentive Plan with resolution number 94-162. That plan which remains in effect includes many of the affordable housing incentives listed in paragraphs A through K of Section 420.9076(4) F.S. The second AHAC was dissolved in 2001. Since adoption of the affordable Housing Incentive Plan, the county's affordable housing incentives have been utilized by for-profit and non-profit housing developers and organizations to provide affordable housing within the county. Through those incentives, 2,634 affordable rental housing units have been constructed. Also, 1,698 income eligible 156 individuals have received SHIP and HHR funds for the purchase of a home and/or for rehabilitation of their housing unit. Consistent with the 2007 legislature's directive, Indian River County established its Affordable Housing Advisory Committee in March, 2008 and in December of 2019 updated its membership composition consistent with state statute. The primary function of the AHAC is to prepare the update of the County's Local Housing Incentives Report. In 2008, 2011, 2014, and 2017 the AHAC prepared the County's update. This is the fifth Local Housing Incentives Report update. Beginning in December 2018 and concluding in early 2020, the BCC directed the AHAC to study the affordable housing issue outside of the County's normal three year window for updating its incentives and recommendations report. That directive included the request to review the county's existing local affordable housing incentives and programs and County regulations impacting and encouraging development of more affordable housing to develop recommendations for improvement. This AHAC report incorporates many of the AHAC's recent findings and recommendations adopted by the AHAC on January 22, 2020, and those ultimately approved by the BCC on February 18, 2020. ANALYSIS In this section, each of the Chapter 420.9076(4), F.S. requirements, A through K, are addressed. For each of the requirements, current citations from the county's Comprehensive Plan and Land Development Regulations (LDRs) are provided. Each section also includes an analysis and recommendation(s). 157 A.The process of approvals of development orders or permits, as defined in s.163.3164(7) and (8), , for affordable housing projects is expedited to a greater degree than other projects. Section 163.3164(7), F.S. defines a development order as "any order granting, denying, or granting with conditions an application for a development permit." Section 163.3164(8), F.S. defines a development permit to "include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land". In Indian River County, permits for affordable housing projects are expedited to a greater degree than other projects. Established policies and procedures for expedited permitting are found in Policies 1.5 and 1.6 of the Housing Element. These policies read as follows: POLICY 1.5: By 2015, the county shall establish a web based permitting process. POLICY 1.6. The county shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval — 5 days, - Minor site plan — 5 weeks, - Major site plan — 6 weeks, - Special exception approval —13 weeks Whenever these review times increase by 150% or more due to the work load of review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. ANALYSIS: Consistent with Policy 1.6, the Community Development Department processes affordable housing projects ahead of all other projects. This has been done since 1994. For each affordable housing project application, planning staff notifies other reviewing departments that the application is an affordable housing project and must be reviewed ahead of all other projects. Overall, this process has worked well, with affordable housing projects identified upfront and reviewing departments expediting these project reviews. For major affordable housing projects, this process has saved applicants several weeks in application review/processing time. In 2019, after recommendation from the AHAC, the County revised the permit expediting process further to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green 158 affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently in 2020 in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide a copy of the neon green permit expediting form. RECOMMENDATION: The county should maintain Housing Element Policy 1.5, regarding web -based permitting, and Policy 1.6, regarding prioritizing the permit process review of affordable housing development projects ahead of all other projects. No other action is needed. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 159 B. All allowable fee waivers provided for the development or construction of affordable housing. Impact fees and utility capacity charges are one time charges applied towards new construction to generate the revenue necessary to make capacity producing capital improvements. Overall, these impact fees and utility capacity charges increase the cost of housing. Until Florida's 2019 legislative session, communities in Florida that adopted impact fees were required by statute and/or case law to apply those impact fees to all activities that create a demand for capital facilities. During the 2019 legislative session, however, Florida's Impact Fee Act was amended to allow exemptions for affordable housing (housing for households earning less than 120% of Are Median Income (AMI)). In March of 2020 with the County's most recent impact fee study and fee schedule update, Indian River County adopted a portion of the allowable affordable housing impact fee waiver/reduction allowance as part of the County's Impact Fee Regulations under Title X of the Indian River County code. Indian River County now provides: • impact fee exemptions for single family homes of less than 1,000 square feet (under air) for households with incomes below 80% of AMI; and • impact fee reductions at 50% of the calculated rate for single family homes between 1,000 square feet and 1,500 square feet (under air) for households with incomes below 80% of AMI. Impact fees for single family homes of any square footage larger than 1,500 square feet (under air) and impact fees for homes of less than 1,500 square feet (under air) not occupied by households with household incomes of less than 80% of AMI continue to be collected at the full calculated and adopted rates with no affordable housing reduction or waiver. Additionally, impact fees for multi -family housing units continue to be collected at full calculated impact fee rates. Consequently, impact fees for these land uses cannot be waived or reduced without being subsidized from another revenue source for a justifiable reason. Because of this, there are methods of fee payment to assist income eligible persons with the cost of impact fees and /or utility capacity charges. Currently, Indian River County provides SHIP program loans and grants of up to $20,000.00 per unit to income eligible households for the cost of impact fees and utility capacity charges for new units. The county also provides SHIP loans and grants for existing units to connect to the county regional water and wastewater system. To obtain SHIP impact fee funds, applicants must execute loan or grant agreements with the county, indicating that they will comply with the county's Local Housing Assistance Program's requirements. Those loans or grants are limited to income eligible households in the Very low Income (VLI) (not to exceed 50% of the county's median income), Low Income (LI) (51-80% of county's median income), and moderate income (MI) (between 81-120% of the county's median income) categories. Besides providing impact fee loans and grants, the county also provides financing of water and sewer capacity charges for new units and existing units connecting to the county regional system. The following policies from the Housing Element of the 160 Comprehensive Plan provide for financial assistance for payment of impact fees and connection charges for affordable housing units. POLICY 4.3: The county shall maintain its current policy of financing water and sewer capacity charges for newly constructed housing units. POLICY 4.4: The County shall maintain its Housing Trust Fund which provides below-market interest rate financing and/or grants for land acquisition, downpayment/closing cost loans, impact fee%apacity charges payment loans, and rehabilitation loans for affordable housing units in the county. The fund will also assist non profit facilitators with pre -development expenses associated with very low, low, and moderate income housing development. Some disbursements from the Housing Trust Fund will be grants, but the majority of funds will be revolving loans, with borrowers paying back principal and applicable interest into the trust, therefore ensuring a permanent source of financing. ANALYSIS: Impact fees and utility capacity charges are needed to provide revenue for constructing capacity producing capital improvements necessary to accommodate growth. Overall, impact fee revenue partially funds construction of major roadways, libraries, schools, parks, correctional facilities, fire/ems facilities, law enforcement facilities, solid waste facilities, and public buildings, and capacity charges fund expansion of the county's regional water and sewer system. These fees are based on fair share payments by the people benefiting from the capital improvements, impact fees and utility capacity charges. With respect to affordable housing, those fees increase the cost of housing and put a burden on the production of affordable housing projects. To lessen the impact on affordable housing projects the county in March of 2020 (upon recommendation by the AHAC and approval by the BCC) implemented new impact fee waivers/exemptions impact fees for single family homes of less than 1,500 square feet occupied by households earning less than 80% of Area Median Income. The County's SHIP program also can be utilized to provide impact fee loans and grants to extremely low, very low, and moderate income households and grants and loans to connect to the county water or sewer system (this includes loans associated with new home construction to Habitat for Humanity clients). Besides using SHIP funds, in the past the county has provided impact fee grants and loans to eligible households as part of Community Development Block Grant (CDBG) neighborhood revitalization and housing projects. Although CDBG funds can be used for impact fee loans and grants, they are not always available to the County to utilize. This is due to a number of factors including the fact that: • the County must apply to the state for CDBG program funds for a specific project; • the application process is highly competitive and awards are not guaranteed; • the County can only have one active/open CDBG contract with the state at any given time; • at times the County submits CDBG applications and obtains awards for non- housing related projects; • CDBG awards can last from 2 to 4 years at a time; and • the County cannot apply for more CDBG funds until the previously awarded CDBG project is complete and the awarded CDBG contract with the state is closed out. 161 Overall, the county has provided many SHIP impact fee grants/loans to eligible households. Since this program has been successful, the county should keep its SHIP Program impact fee assistance strategy for income qualified households. The County's new impact fee waiver/reduction categories for single family homes of less than 1,500 square foot for income eligible households should also be maintained and evaluated in future years to determine their overall utilization and whether or not adjustments should be made to the eligible categories. RECOMMENDATION: The county should maintain Housing Element Policy 4.3 and Policy 4.4, regarding financing of impact fees, payment of impact fees, and payment of water and wastewater capacity charges for income eligible households through SHIP funds. The County should also maintain its newly adopted impact fee waiver and reductions under Title X of the Indian River County Code for certain single family housing units occupied by households with incomes of less than 80% of AMI; and the County should continue to apply for other funding sources (such as CDBGs) to subsidize impact fees and utility capacity charges. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [�] No ❑ 162 C.The allowance of flexibility in densities for affordable housing. Within Indian River County, the future land use map and zoning district designations establish a maximum density or intensity for all properties. Overall, density is an important factor in forming the character of a community and the preferred lifestyle of its residents. While higher densities may result in lower housing costs, higher across the board densities do not always translate into lower housing prices. Consequently, the preferred method for reducing housing costs through increased density is to provide affordable housing density bonuses associated with affordable housing projects. Currently, Housing Policy 2.5 and LDR Section 911.14(4) provide affordable housing projects an up to a 20% density bonus over the maximum density established by the underlying land use designation. Currently, Housing Element Policy 2.5 and Section 911.14(4) of the LDRs provide for affordable housing density bonuses. Section 971.41(9) of the LDRs provides for small lot subdivisions for affordable housing. POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned development projects, allowing eligible affordable housing projects with a market value of affordable housing units not to exceed 2 112 times the county's median income, to receive up to a 20% density bonus based on the following table. Very Low Income (VLI) and Low Income Density (LI) Bonus Range of Possible Affordable (Percent Additional Density Bonus for Providing Additional Buffer Density Bonus Units increase and Landscaping based on one of the following options Percentage as in (percent increase in allowable units) (Percent increase in Percentage allowable allowable units) Of units). Project's Total Units Option I Option II Material equal to a 20' Material equal to a 25' wide Type C buffer* with 6' wide Type B buffer* with 6' opaque feature along opaque feature along residential district residential district boundaries and 4' opaque boundaries and 4' opaque feature along roadways feature along roadways More than 10% 5% or 10% 10-20% 30% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations The county's current median income is $69,600. F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives 10163 Report\BCC Item - Incentives Report\AHAC 2020 report v6 - 12-1-20 BCC Review.doc The County's A(fordable Housing Density Bonus Provisions are Codified in Section 911.14(4) of the LDRs (See Attachment 1). As part of the AHAC's January 22, 2020 recommendations, the AHAC recommended increasing the density bonus from 20% to 50%. The BCC agreed in concept, but requested that the County Attorney's office review to consider any legal considerations and present its findings to the BCC for a final determination. If reviewed and approved by the BCC, staff will ultimately need to prepare draft revisions to Section 971.41(9) for BCC consideration. Another option to increase affordable housing project yields is the county's small lot subdivision allowance. Although the county's small lot subdivision regulations, section 971.41(9) of the county's land development regulations, do not have an allowance for density bonuses, the smaller lot configuration allows for more lots to be created. While a standard RS -6 parcel (single family residential up to 6 units per acre) has a minimum lot size of 7,000 square feet, the small lot subdivision regulation allows for lot sizes to be reduced to 5,000 square feet. While standard RS -6 zoning typically yields about 2.5 to 3 units per acre, a small lot subdivision can yield up to 5 units per acre. The county's Small Lot Subdivision for Affordable Housing Projects are Codi ied in Section 971.41(9) of the LDRs (See Attachment 2). As part of the AHAC's January 22, 2020 recommendations, the AHAC recommended and the BCC approved in concept allowing very small lot subdivisions (smaller lots than currently provided for in the small lot subdivision regulations. In the future, regulations for very small lot subdivisions will be prepared and considered for adoption. ANALYSIS: The allowance of an up to 20% density bonus (or more based on recent recommendation by the AHAC) for affordable housing projects and the county's small lot subdivision provision and potential very small lot subdivision regulations approved in concept by the BCC provide and can provide for the development of affordable housing projects with higher densities and/or higher yields. Those provisions are appropriate tools for providing density increases for affordable housing projects. General density increases, however, are not acceptable in Indian River County and may not result in less expensive homes. RECOMMENDATION: The county should maintain its affordable housing density bonus and small lot subdivision provisions for affordable housing projects and move forward with providing specific ordinance revision recommendations to the BCC for very small lot subdivisions and for increased density bonuses for affordable housing development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 164 D.The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. Consistent with state law, the Indian River County Comprehensive Plan provides that no development, including housing development, shall be approved unless there is sufficient infrastructure capacity or capacity funding available to serve the development. These requirements are contained in Chapter 910, Concurrency Management System, of the county's LDRs. This concurrency management requirement serves as the principal mechanism for ensuring that growth is managed in a manner consistent with the provisions of the comprehensive plan. In Indian River County, there are two types of concurrency certificates. One is a conditional concurrency certificate. A conditional concurrency certificate indicates that, at the time of conceptual development approval, there is sufficient capacity to accommodate the development. Conditional concurrency, however, does not require payment of impact fees and water and sewer capacity charges and does not vest, or guarantee, that capacity will be available at the time of building permit issuance. The second type of concurrency is initial concurrency. Initial Concurrency requires payment of impact fees and water and sewer capacity charges and vests (reserves capacity for) the development. In Indian River County, initial concurrency certificates vest capacity for the duration of the concurrency certificate, either one (1) year, three (3) years, or seven (7) years. According to county regulations, initial concurrency certificates may be issued only to projects with approved site plans or complete Land Development Permit applications. To obtain an initial concurrency certificate, an applicant must pay all applicable impact fees, as well as water and sewer capacity charges, in advance of development. This then vests the project and guarantees that adequate infrastructure will be available for the project at the time of building permit issuance. The vesting will last for the duration of the concurrency certificate and will expire at the end of the concurrency certificate timeframe. After issuance of an initial concurrency certificate, an applicant must obtain all building permits associated with the initial concurrency certificate and pursue development to completion by obtaining a Certificate of Occupancy (CO). ANALYSIS: Reserving infrastructure capacity upfront for a project is important if there are deficiencies in concurrency related facilities. In Indian River County, there currently is sufficient capacity in all concurrency related facilities to accommodate development projects. Therefore, reserving capacity upfront is not a critical issue at this time. As development activity increases in the future, however, capacity may become an issue. When that occurs, reserving capacity for a project may become an actuality. Reserving capacity for one project means that the capacity reserved for the project is not available for other projects. For that reason, the county requires that an applicant pay all impact fees and utility capacity charges in order to reserve capacity, thereby ensuring that the F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives 165 Report\BCC Item - Incentives Report\AHAC 2020 report v6 - 12-1-20 BCC Review.doc county has the funds to construct the increment of capacity consumed by the applicant's project. To date, no affordable housing project or unit has been denied due to concurrency requirements. RECOMMENDATION: The county should maintain its current concurrency management procedures which allow for upfront reservation of infrastructure capacity. Like other applicants, affordable housing applicants may apply for an Initial Concurrency Certificate and reserve infrastructure capacity upfront. Each time the county evaluates its affordable housing incentives, the county will also determine whether or not its concurrency requirements are an impediment to approving affordable housing projects or issuing permits for affordable housing units. BOARD OF COUNTY COMMISSIONERS ACTION: 166 E. Affordable accessory residential units. Through its land development regulations, Indian River County permits the construction of small dwelling units (second unit) as accessory to single family houses on a residentially zoned property. This regulation is intended to make inexpensive dwelling units associated with a primary residence available to low income households. Following is the applicable LDR section for accessory dwelling units. Section 971.41(10) of the LDRs Accessory Dwelliniz Unit: a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of section 971.41(10). The standards and requirements of this section are intended to make available inexpensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that housing costs continue to increase, that households continue to decline in size, and that the number of elderly Americans is on the rise. (b) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-3 A-2 A-1 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 Con -2 Con -3 Rose -4 RMH-6 RMH-8 I Requirements of section 971.41(10) shall not supersede property owner deed restrictions. (d) Additional information required: 1. A site plan conforming to Chapter 914 requirements. e) Criteria for accessory dwelling units: 1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district 2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be developed in conjunction with or after development of the principal dwelling unit 3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a principal dwelling unit 4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit 5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33) percent of the heated/cooled gross floor area of the principal structure or seven hundred fifty (750) gross square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area. 6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the principal dwelling unit 7. Detached accessory dwelling units shall be located no farther than seventy-five (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit 8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior facade material is similar in appearance to the facade of the existing principal structure. 167 9. One (1) off-street parking space shall be provided for the accessory dwelling unit in addition to spaces required for the principal dwelling unit 10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the environmental health department's well and septic tank and drain field requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when well and/or septic tank facilities would be required to service development on those adjacent properties. 11. No accessory dwelling unit shall be sold separately from the principal dwelling unit The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity of title document 12. An accessory dwelling unit shall be treated as a multi family unit for traffic impact fee and traffic concurrency purposes, and the concurrency requirements of Chapter 910 for a multi family unit shall be satisfied On February 18, 2020, the BCC approved a recommendation by the AHAC to increase the square footage cap for accessory dwelling units from 33% to 50% of heated/cooled gross floor area of the principal home and to keep the 750 square foot under air cap, except for lots greater than one acre in size containing a principal residence greater than 2,500 square feet under air. In those cases, the accessory dwelling unit cap would be 1,000 square feet. While the BCC approved the AHAC recommendation, the next step to implement is to update the County's Land Development Regulations. ANALYSIS: On September 29, 1992, the Board of County Commissioners adopted the county's accessory dwelling unit provision. In Indian River County, accessory dwelling units are allowed in all residential zoning districts. In addition to allowing for these smaller units, Section 971.41(10) of the county's land development regulations establishes specific land use criteria to regulate the size, location and appearance of these units and prevent over crowding. Even though the county has allowed accessory dwelling units since 1992, these type of units were not popular until 2004, when the price of land and housing started to increase. When housing affordability became an issue, more people started looking at ways to create affordable housing units. One method was to build more accessory dwelling units. These types of units are appropriate as affordable housing units. Recently recommended revisions will allow more opportunities for homeowners to create more appropriately sized affordable housing units throughout the Unincorporated County. RECOMMENDATION: The county's accessory dwelling unit provision with modifications proposed by AHAC is appropriate and should be modified as recommended. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [�] �o ❑ 168 F. The reduction of parking and setback requirements for affordable housing. As structured, the county's Land Development Regulations establish minimum setback and lot size requirements for both single family residential zoning districts and multiple family residential zoning districts. These setback requirements provide a standard separation between houses and between houses and roadways. For affordable housing projects, the small lot subdivision provisions of section 971.41 of the LDRs allow for a reduction of lot size and building setbacks for single family homes. In the RS -6 zoning district, for example, single family homes are required to have a minimum lot width of seventy (70) feet. With small lot subdivisions, however, lots having a minimum width of only fifty (50) feet and reduced side yard setbacks of seven (7) feet (instead of ten (10) feet) can be created. While rear yard setbacks are reduced. from 20 feet to 15 feet, the minimum front yard setback on all single family homes from the edge of right-of-way is twenty (20) feet. This setback distance allows for cars to be parked in the driveway and not block the sidewalk or impede pedestrian movement. More recently, the AHAC proposed and on February 18, 2020 the BCC approved the concept of allowing for very small lot subdivisions that would have lots as narrow as 36 feet. While the concept needs to be presented in code form to the BCC, it is anticipated that side, front, and rear yard setbacks will be similar to those of the County's small lot subdivision provisions. For residential uses, throughout the County's various residential zoning districts, the county requires two parking spaces for each dwelling unit. This requirement is detailed in section 954.05(56) and is as follows: Section 954.05(56) Single-family dwellings and duplexes. Two (2) spaces for each dwelling unit; single- family dwellings and duplexes shall be exempted from all other requirements in subsection 954.07(4) and 954.10. Uncovered parking spaces shall be exempted from the front yard setback requirements. ANALYSIS: To ensure health and safety, all residential development must meet current minimum parking and setback requirements for the appropriate zoning district as established in the county LDRs. For example, the county's 20 foot minimum front yard setback provides enough distance, but not an excessive distance, for parking a vehicle in a driveway without the vehicle projecting into the sidewalk. Reducing or eliminating parking requirements would force residents to park in roadway rights-of-way. This could create safety issues unless minimum mandatory right-of-way widths are increased (which would reduce lot depth and area). 169 Generally, reduced setbacks for affordable housing projects are appropriate, because reduced setbacks can increase yield and reduce housing prices. In Indian River County, the small lot subdivision allowances provide for reduced lot sizes, as well as reduced side yards and reduced rear yards setbacks, for affordable housing projects only. The very small lot subdivision concept proposed by AHAC and conceptually approved by the BCC on February 18, 2020 would serve to maintain an appropriate front yard setback but would reduce lot widths to as little as 36 feet. This would provide for the development of more homes and help to reduce overall development costs, while maintaining minimal but acceptable setback distances. RECOMMENDATION: The county's current parking requirements are appropriate and should, be maintained. Through its small lot subdivision allowance, the county provides for appropriate reduced setbacks for affordable housing projects. This small lot subdivision allowance should be maintained. The additional very small lot subdivision allowance should be evaluated further and considered for adoption provided appropriate spacing and setbacks can be achieved while providing for appropriate home size and configurations. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 170 G. The allowance of flexible lot configuration, including zero lot line configurations for affordable housing. Currently, the Board of County Commissioners may grant waivers from the residential development standards found in Chapter 911 of the LDRs through the Planned Development (PD) process established in Chapter 915 of the county LDRs. If granted, these waivers can allow for development of small lot configuration, zero lot line and reduced setback projects. The waiver criteria for the PD process are found in section 915.15 of the LDRs and are provided below. Section 915.15. Planned development allowable waivers and development parameters. (1) Conceptual P.D. plans shall list, for all areas and phases within the P.D. project area, the proposed waivers and development parameters for the following: a. Minimum lot size (in square feet); b. Minimum lot width (in feet); c. Minimum lot frontage (in feet); d. Minimum yard setbacks for buildings: front, rear, and side, e. Minimum yard setbacks for accessory structures (such as pools, patios, and decks); front, rear, and side, f. Maximum lot coverage, building(s) and impervious surface area; g. Minimum separation distances between buildings, h. Minimum right-of-way widths (byroad type); L Minimum open space per lot and by phase [Note: The minimum open space for the entire project shall meet or exceed the requirements of section 915.18.] j. Minimum preservation/conservation area per lot Note: more conceptual plan submittal requirements are listed -out in section 915.22 (2) Notwithstanding other provisions in this chapter (915) and Chapter 971, specific land use criteria listed in Chapter 971 may be waived (modified or not applied) where such criteria would merely apply to the compatibility of uses within the P.D. project area if approved by the county. Where specific land use criteria apply to the relationship of a use(s) within a P.D. project and properties adjacent to the project area, the specific land use criteria shall apply pursuant to the provisions of chapter 971. (3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in section 915.15(1) shall apply unless otherwise specifically waived or modified by other provisions of this chapter. ANALYSIS: Generally, the PD process serves as a mechanism whereby the county can approve projects with reduced setbacks and/or mixed uses. The advantage of using the PD process instead of traditional zoning is that an applicant can increase or at least maximize his development project's density. In the PD process, however, there are development required trade-offs, such as additional landscaping, which are required to gain the waivers for smaller lots and higher yield. These trade-offs can have the effect of off -setting any housing unit price reductions due to increasing yield. The county's small lot subdivision allowance, however, provides for specific reduced lot sizes, and setbacks without requiring any specific waivers. This is anticipated to be to a greater extent true with potential very small lot subdivision regulations recommended by the AHAC and conceptually approved by the BCC on February 18, 2020. 171 RECOMMENDATION: The county should maintain its existing PD process which allows for waivers from conventional zoning standards (setbacks, lot size, etc.) as an available option for residential development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 172 H. The modification of street requirements for affordable housing. As adopted, the county's existing sidewalk and street requirements provide for minimum construction standards to ensure public safety. According to section 913.09(b)(1) (Subdivisions and Plats) of the LDRs, all subdivisions must comply with the minimum standards set forth in Chapter 952 (Traffic). While Chapter 952 sets the minimum right- of-way width for a local or residential street at 60 feet, the minimum right-of-way width may be reduced to 50 feet if the street is constructed with a curb and gutter drainage system. In both cases, however, minimum lane widths remain the same at 11 feet. Although there is a higher cost associated with curb and gutter construction than with swale drainage, the reduction in the amount of right-of-way can produce a higher yield for a project. These street right-of-way requirements can be modified through the Planned Development (PD) process. Following is the county's current minimum right-of-way requirement. 913.09(b) (1) Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as stated in Chapter 952, Traffic, of the LDRs. The board of county commissioners may require the increase of right-of-way and pavement widths if it finds that the modification in width is consistent with the projected traffic needs and good engineering practice. No variance will be granted on minimum right-of-way widths for public streets. Right-of-way widths for one-way streets may be reduced from the above standards as approved by the public works director. ANALYSIS: As structured, the county's minimum street right-of-way width requirements are based on the minimum area needed to accommodate the various improvements that must be located in the right-of-way. Besides travel lanes, sidewalks, and drainage facilities, these improvements include water and sewer lines, gas lines, phone lines, cable lines, and others. Since the referenced improvements must be provided for in the road right-of- way, the county has determined that the minimum right of way width generally must be 60 feet for swale drainage roads and 50 feet for curb and gutter roadways. Reductions in those widths, however, may be accommodated via special designs approved through the County's PD (Planned Development) process. Because the county's minimum local road right-of-way width requirement may be modified through a PD process, when warranted, the county accommodates the subject incentive. RECOMMENDATION: The county's current street right-of-way general requirements are appropriate to ensure public safety, and the County's current allowance for modifications through the PD approval process should be maintained. 173 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 174 I. The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Currently, Policy 1.7 of the Housing Element of the Comprehensive Plan requires that a financial impact statement be provided to appropriate advisory committees as well as to the Board of County Commissioners prior to the adoption of any new county regulation that may increase the cost of housing. Below is Policy 1.7 of the Housing Element of the Comprehensive Plan which details the adoption process for county regulations that may increase the cost of new housing. POLICY 1.7. As part of the adoption process for any county regulation which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit for the development of housing, the Financial Impact Statement shall include an estimated increased cost per unit projection. The financial impact statement then will be reviewed by the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. ANALYSIS: Since 1994, staff has prepared Financial Impact Statements for all proposed new regulations impacting housing costs. By providing Financial Impact Statements of proposed regulations to decision -makers before the adoption of those regulations, planning staff ensures that decision -makers consider the costs as well as the benefits of proposed new policies, ordinances, and regulations. While these Financial Impact Statements do not prevent the Board of County Commissioners from adopting new regulations, the statements do provide the Board with an additional tool to measure the effect of proposed regulations. RECOMMENDATION: The county's current process of providing Financial Impact Statements to the Board of County Commissioners prior to adoption of any new regulations, ordinances, policies, procedures, or plan provisions that may increase the cost of affordable housing should be maintained. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 175 J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. In 2006, the Florida State Legislature passed HB 1363 relating to affordable housing. One provision of that bill was that each local government must prepare an inventory of all real property that it owns within its jurisdiction that is appropriate for use as affordable housing. Beginning in July 2007 then every 3 years thereafter, Indian River County needs to prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title and is appropriate for use as affordable housing. At a public hearing on June 19, 2007, the Board of County Commissioners reviewed an inventory list of 2007 county owned properties. The Board then adopted a resolution that included an inventory list of county owned properties that are appropriate for affordable housing. With respect to those properties, the Board of County Commissioners decided to donate the parcels to non-profit housing organizations for the construction of permanent affordable housing. Consistent with the legislature's three year review requirement, the Board of County Commissioners, in 2010, 2013, 2016, and 2019 reviewed an associated inventory list of county owned properties appropriate for the provision of affordable housing. At those times, the Board decided to sell surplus properties and deposit the sale proceeds into the county's affordable housing trust fund and to donate surplus properties to non-profit affordable housing developers. Comprehensive Plan Housing Element Policy 2.4 provides for maintaining an inventory of all surplus county -owned land and making those lots available to housing developers. POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S., maintain an inventory of all surplus county -owned land and foreclosed properties that are appropriate for affordable housing and dispose of these properties consistent with section 125.379 F.S. requirements. ANALYSIS: Consistent with state law, the Board of County Commissioners, in 2007, reviewed and approved an inventory list of county owned properties. Of all the properties on that list, ten were determined to be appropriate for affordable housing. The county then donated eight of these properties to non-profit affordable housing organizations for the construction of permanent affordable housing units. The non-profit housing organizations which received the donated lots were: Habitat for Humanity, Every Dream Has a Price, and the Coalition for Attainable Homes. Donating county owned surplus lands to non-profit housing organizations will reduce the cost of affordable housing units on the donated properties and is an appropriate affordable housing tool. In 2010, 2013, 2016, and 2019 the county reviewed and approved its associated inventory lists of county owned properties. The board determined properties to be surplus and directed staff to donate certain properties to non-profit housing organizations and to sell remaining properties and deposit the proceeds to the county's affordable housing trust fund. 176 RECOMMENDATION: Policy 2.4 of the Housing Element should be maintained, and the county should continue to keep a list of county owned surplus properties appropriate for affordable housing and disposing of those properties. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ i 177 K. The support of development near transportation hubs and major employment centers and mixed use developments. In Indian River County, the Future Land Use Map (FLUM) identifies areas appropriate for residential development and the appropriate density for those areas. The objective of the FLUM is to create a land use pattern that situates residential development in close proximity to schools, health care facilities, employment centers, and major roadways. Policy 1.9 of the housing element provides support of development near transportation hubs, major development centers, and mixed use developments. The policy reads as follows: Policy I.9: The county shall support housing development near transportation hubs, major employment center, and mixed use development by expediting the permit process for these types of housing projects. ANALYSIS: In Indian River County, the future land use map is an important tool in establishing appropriate locations for residential development. Generally, the map provides for residential development to be located near compatible land uses, existing neighborhoods, and proximate to public transportation, major employment centers, and community services. Ideally, affordable housing projects should be located near employment centers and transportation hubs for additional savings in terms of transportation cost and travel time. For that reason, the county supports locating affordable housing developments near transportation hubs, major employment centers and mixed use developments by expediting the permit process for these types of housing projects. RECOMMENDATION: The county should maintain housing element policy 1.9 for support of residential developments to be located near transportation hubs, employment centers, and mixed use developments by expediting permit review for these types of developments. At its next Evaluation and Appraisal Report (EAR) review, the county will examine its land use policies and land use designations to determine if such policies and designations are appropriate for encouraging development near transportation hubs and major employment centers and consistent with a recent AHAC recommendation will evaluate the need for additional multi -family allowances (either through increased multi -family zoning or increased allowances for multi -family housing in other zoning districts). Solutions will be reviewed with the County Attorney to consider any potential legal issues and proposed to the BCC. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ FACommunity Development\SHIP\AIIAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives 178 Report\BCC Item - Incentives Report\AHAC 2020 report v6 - 12-1-20 BCC Review.doc Other Housing Strategies Besides the affordable housing incentives listed in paragraphs A through K of Section 420.9076 F.S., the county has established several other policies to assist non-profit housing organizations to provide affordable housing throughout the county. Community Land Trust (CLT) Policy 4.10 of the Housing Element reads as follows: Policy 4.10: the county shall assist non-profit housing organizations in establishing Community Land Trusts (CLT) by providing technical support to those organizations. One tool to provide homeownership opportunities to households that would otherwise be renters is a Community Land Trust. A Community Land Trust (CLT) is a nonprofit organization that seeks to preserve housing affordability over the long term. By selling homes to low or moderate income families, but retaining ownership of the land under those homes, a CLT preserves housing affordability even after an affordable housing unit is sold. Generally, a CLT leases a land parcel to a homeowner for 99 years, while the homeowner owns the structure on the land. In the land trust model, buyers of land trust homes agree that, when they move, they will sell their home to another low or moderate income family at an affordable price. Consequently, resale of CLT units is limited to income eligible households, and resale prices are limited to keep CLT units affordable for the next homebuyer. By owning the land under the house, the land trust ensures that the subsidy is retained for the benefit of subsequent families. Therefore, the owner of a CLT unit may share in the equity produced by the sale of a CLT unit, but will not realize a market rate of return. According to the Central Florida Workforce Housing Toolkit, some of the most established CLT's are Durham, North Carolina; Burlington, Vermont; The New Town, Tempe, Arizona; Sawmill, Albuquerque, New Mexico; Middle Key, Florida; and Hannibal Square, Winter Park, Florida. Generally, CLTs are used: ■ In fast-growing areas, where the price of real estate is escalating rapidly. They can be used in gentrifying areas to preserve a community's character. Limits on resale prices ensure that some housing remains affordable, even in these areas. In disinvested neighborhoods, where CLTs can be used to increase owner occupancy, decrease absentee ownership, improve the physical condition of housing and stabilize the community. Such CLTs assist not only the buyers of the CLT homes, but also existing homeowners in the area, who likely are lower income families. 179 ■ In expensive resort communities, where CLTs can provide housing for the community's workers. Benefits: - Provides permanent stock of affordable & workforce housing - Lowers housing cost - Provides some return of equity - Provides for deduction of mortgage interest payments - Provides financial stability (no fear of rent increase) - No cost to the county Issues: - Better for a household than renting, but not as good as traditional home ownership - Resale restriction limits ability of the owner to utilize full equity - Resale formula must be prepared carefully to provide some benefit to homeowner without making the house unaffordable for the next homebuyer - Mechanics of resales (direct sale or through CLT) are complicated and must be established upfront - Payment of ad valorem taxes and insurance are additional costs that an owner of a CLT home must incur that a renter does not Conclusion: A CLT is an effective method of providing affordable homeownership opportunities. Although CLTs are generally established by private non-profit groups, local governments usually assist non-profit housing groups which are willing to form CLTs. This assistance may involve providing technical assistance, providing surplus properties appropriate for affordable housing and others. RECOMMENDATION: The county should maintain Housing Element policy 4.10 for assisting non-profit housing organizations seeking to establish a CLT. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 180 Private/Public Housing Trust Fund Policy 4.13 of the Housing Element reads as follows: Policy 4.13: The county shall create a new private/public housing trust fund Generally, Housing Trust Funds are established through an ordinance or legislation passed by a county, city, or state legislature. Two steps are necessary to create a Housing Trust Fund. First, a revenue source must be dedicated to the Housing Trust Fund, or other obligations (e.g., developer extractions) that create revenue must be established. Second, the Housing Trust Fund must be created as a separate and distinct entity that can receive and disburse funds. Currently, the county has a housing trust fund for SHIP program funds and an HHR trust fund for HHR program funds. A private/public housing trust fund may be established by a city or county to collect public and private funds that may be used to assist income eligible households with the provision of affordable housing. A private/public trust fund would be separate from a SHIP trust fund. Benefits: - Can provide gap financing (low interest loan or grant) - No cost to the county, unless the county decides to contribute to the trust fund - Local governments that cannot provide affordable housing within their jurisdictions could contribute to a trust fund - Could be used as match to get other federal or state funds - Additional funding for provision of Affordable or Workforce Housing (gap financing or leveraging other funds). Issues: No major issues Conclusion: Establishing a private/public housing trust fund could facilitate the provision of more affordable housing. Within Indian River County, high cost barrier island towns that cannot provide affordable housing within their jurisdiction could contribute to a private/public affordable housing trust fund. Also, private parties, businesses, and developers could contribute money to this trust fund. RECOMMENDATION: The county should maintain Housing Element policy 4.13 for its current SHIP trust fund and in support of other trust funds that may be established in the future. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 181 Community Development Corporation (CDC) Policy 4.11 of the Housing Element reads as follows: Policy 4.11: The county shall assist non-profit organizations in establishing Community Development Corporations (CDC) by providing technical support to those organizations. Community Development Corporation (CDC) is a broad term referring to not-for-profit organizations incorporated to provide programs, offer services, and engage in other activities that promote and support a community. CDCs usually serve a geographic location such as a neighborhood or a town. They often focus on serving lower-income residents or struggling neighborhoods. They can be involved in a variety of activities, including economic development, education, and real estate development. These organizations are often associated with the development of affordable housing. Activities: ■ Real estate development - affordable housing ■ Economic development -small business lending -small business technical assistance -small business incubation (i.e. provision of space at low or no cost to start-up businesses) ■ Education -early childhood education -workforce training ■ Non profit incubation ■ Youth and leadership development ■ Advocacy ■ Community Planning ■ Community Organizing Benefits: Facilitates development of affordable or workforce housing - Advocates for affordable housing - No cost to the county Issues: - No major issues Conclusion: An active CDC can assist with the provision of affordable housing. RECOMMENDATION: The county should maintain policy 4.11 of the Housing Element for providing assistance to any not-for-profit organization proposing to form a CDC. 182. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No 183 Employer Assisted Housing Policy 4.12 of the Housing Element reads as follows: Policy 4.12: The county shall assist employers with establishing employer assisted housing projects by providing technical support to those employers. Employer Assisted Housing (EAH) is an initiative where employers can assist their employees in purchasing a home; in exchange, the employer is guaranteed that the participating employee will remain with the firm for a designated period of time. The employee benefits as he/she receives substantial assistance in obtaining a home. The employer benefits as the program is an effective recruitment tool and aids in the retention of employees. Employers who wish to assist employees with housing can undertake any number of activities, including: providing (or partnering with another agency to provide) homeownership education and counseling services; providing down payment assistance, closing cost assistance and/or second mortgage financing as grants, low or no -interest loans or forgivable loans; offering an employee a savings plan with the employer making a matching contribution; providing a mortgage guarantee to assist employees with securing financing; or acquiring property to rent to employees, either at market or subsidized rates. Employer assisted housing programs generally are used in areas where housing prices are high and/or unemployment is low, and in areas where one employer is dominant. Benefits: Issues: Provision of affordable or workforce housing Effective recruitment and retention tools for large private and public employers Additional cost to employer Conclusion: Employer assisted housing is an effective program for employers to provide affordable housing for workers and to retain those workers for longer periods. RECOMMENDATION: The county should maintain Housing Element policy 4.12 for assisting employers with establishing an employer assisted housing program. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ 184 New Construction Technologies Policy 1.8 of the Housing Element reads as follows: Policy 1.8: The county shall expedite permits for housing projects utilizing new construction technologies, including green building programs and Energy STAR® Program. New construction technologies (such as modular homes, factory made tiny homes, etc.) and new green building programs may be utilized for the provision of affordable housing. In some cases, new construction technologies can expedite the construction of new affordable homes and be more cost effective. As part of the January 22, 2020 AHAC recommendations approved by the BCC, is a recommendation to develop tiny and modular home information packets. Those packets once developed will be made available to homeowners and builders to inform them of the possibilities, key code allowances and requirements, and review processes related to them. The informational packets should serve to promote more affordable housing by simply presenting the option and helping to facilitate their expedited development through prompt/informative information. Benefits: - Decreases housing cost Expedites housing production Issues: None Conclusion: This is an effective way of reducing housing cost. Currently, the county allows new construction technologies, including green building programs, and expedites permits for affordable housing projects. Providing detailed information will help to encourage and ultimately facilitate development of new affordable housing types. RECOMMENDATION: The county should maintain Housing Element policy 1.8 for expediting permits for affordable housing projects utilizing new construction technologies and green building programs. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [ J] No ❑ 185 CONCLUSION Since adoption of the County's Comprehensive Plan Housing Element in 1990, adoption of the County's Affordable Housing Incentive Plan in 1994, and then adoption of the County's EAR based amendments in 2010, the county has established and maintained a number of affordable housing incentives. As such, Indian River County currently provides ten of the eleven affordable housing incentives listed in items A through K of Section 420.9076(4) F.S. For reasons explained in the analysis, the item H incentive relating to modification of street requirements has not been adopted and is not recommended for adoption. In the past, the county's ten adopted affordable housing incentives have worked well in encouraging non-profit housing organizations and for-profit affordable housing developers to provide affordable housing. Recent analysis by the AHAC, however, has identified opportunity for revision to several of the existing incentive strategies. Those proposed revisions include ordinance revisions to allow very small lot subdivisions (in addition to the current allowance for small lot subdivisions), increased accessory dwelling unit size, and greater affordable housing development density. To be implemented, each will need to be reviewed in greater detail, drafted in ordinance format, and presented to the BCC for final review and consideration. The table on the next page provides a summary of recommendations for items A through K of Section 420.9076, F.S. 186 ooM 71 f4 O '"' r. r. .�i 'O oA 6O by m U 0 O ¢' i. v W U4. O •> U p b U Q 0 U O o `. U '` O N a U o ° ° w ? i.4 o 0 0 o V3 o 40. w ca w 3 O o to 0 io .0 rA O co �p U V] M q,IMy cQC w "C �' n W 0 t: 'U U 0 'AV1 W� .m 0 CL 0 3 .� `� ° b 0 0 4, 0 x a b Y m> a Y o 0 3 a° tea° `o° a° = c ao . �n•� � >� ° w' U a� � Y � w � � u w b a. o Ed °' i T.. 0. In o v= a0i o° 0 0 N N �•' N 0 f0 N U Y m �' V] i -i .� 4• www .4. 0 N ° .0 'O � i"�' b.' N w ' N fYd N Q L, V Ci wY�w� obo3U o, �. b 0 0 0 0 Baa 0. o a o o. o �, o aoi `° �? b x �° o 0 a' 0 0 'Y -It •° 4° �° N 'c0�a cn 0 o .� 3 0 � yrs; >:� o o. cz c R 3 0 o Q �w 3 0 0 0 A o> n 4 is C,3 r, o .� M rz8 O u �. �i d a L Rr �i O z a 0 y ee d O W }O. 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N .D 'o rl t� b O p y w R .0 O • �+ i< "O O ' cn P4 O UU v2 � CO) c�a 0 cOa - o ri 0 v U a H E 00 00 o b U y r.0 O 9 Q O N U o �,oO3o Y 00 r-1 H rUi .O GL .-ii V1 .O al.� U o 0 ° CdC) > � a b a o u �i u a a o. d y 0 z a 0 y b+ o W .L y Q r Q L a b 67 R d�U Y O .14 � U � y ren bq 0O O U wxzH � E AHAC RECOMMENDATION: The Affordable Housing Advisory Committee recommends that the Board of County Commissioners approve the 2020 AHAC Report, maintain the county's current affordable housing incentives, and proceed with additional revisions to the incentive as outlined in this report. Attachments 1. Section 911.14(4) of the LDRs, Density Bonus 2. Section 971.41(9) of the LDRs, Small Lot Subdivision 3. Resolution No. 2008-038 Establishing AHAC 4. Resolution No. 2020-086 Updating the AHAC Membership 5. Copy of Public Hearing Advertisement 6. Copy of DRAFT BCC Resolution to adopt AHAC Report Recommendations F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\BCC Item - Incentives Report\AHAC 2020 report v6 - CLEAN.doc 190 37 Section 911.14(4) of the LDRs, Density Bonus. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the requirements of the Indian River County Land Development Regulations Section 911.14 and Section 971.41(9). (3) Density. (a) The maximum density of residential communities shall be established by the density of the underlying land use designation. (b) Residential communities within commercial or industrial land uses shall have a maximum density of eight (8) dwelling units per acre. I No residential community shall exceed the maximum permitted density as stated in (a) or (b) above unless a density bonus meeting the provisions of section 911.14(4) is approved as part of planned development. (4) Density bonus. (a) Affordable housing. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. 1. For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two (2) times the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation; or b. Has a monthly rent less than one -twelfth (1112) times thirty (30) percent of eighty (80) percent of the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation. 2. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the following requirements: a. The affordable dwelling unit shall remain available as an affordable dwelling unit for the following periods: i. Owner -occupied units shall remain affordable dwelling units for a period of not less than twenty (20) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. ii. Renter -occupied units shall remain affordable dwelling units for a period of not less than fifteen (15) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit; b. Initial occupancy of an owner -occupied affordable dwelling unit shall be by a household classified as very low-income, low-income or moderate -income whereby the classification is verified by the Indian River County Community Development Department or an agency, either public or private, designated by the community development department or by any state or federal public agencies. c. Households occupying an affordable housing rental unit shall be classified as very low, low, or moderate -income households whereby the classification is verified by the Indian River County Community Development Department, or its designee or by any state or federal public agency, prior to the household's occupancy of the unit. While occupying the affordable housing rental unit, a household's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the county's median household income adjusted for household size. d. With respect to owner -occupied affordable dwelling units provided under the provisions of the section: i. The owner -occupant's household annual adjusted gross median income may increase without limit following the household's purchase of the affordable dwelling unit; and ii. Resale of an affordable dwelling unit by the initial owner or any subsequent owner shall be subject to one of the following provisions: a. If the purchasing household is not verified to be either a very low, or low income household, then the selling household shall be subject to providing a cash payment of the original loan amount and applicable interest, to the Indian River County Local Housing Assistance Trust Fund. b. If the purchasing household is verified to be either a very low, or low income household, then the selling household shall not be required to provide any payment. AHAC Incentives Report Attachment 1 e. For projects utilizing the provision of on-site or off-site affordable dwelling units, no certificate for occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units certified for occupancy to affordable dwelling units certified for occupancy is equal to or greater than the overall project's approved ratio of market rate dwelling units to affordable dwelling units. f. Prior to the issuance of a certificate of occupancy for the affordable dwelling unit(s), a separate private deed covenant, entitled a "restriction on transfer, " shall be filed in the public records of Indian River County. The covenant shall be subject to review and approval by county staff in order to verify compliance with the requirements of this section, and the covenant shall: i. Idents the subject unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Idents the units corresponding fifteen- or twenty-year affordability timeframe; and iii. Identify that the initial owner and each subsequent owner of an owner -occupied affordable dwelling unit must satisfy and comply with the re -sale provision of the county's local housing assistance plan; and iv. Identify the Board of County Commissioners of Indian River County or its community development department or as its designee, as the agency with enforcement and verification authority to enforce the terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and v. Idents any additional terms or conditions relating to the provision of the affordable dwelling unit as established by the Board of County Commissioners via its review and approval of the corresponding planned development approval. vi. Speck that monitoring the occupancy of the affordable dwelling unit shall be included in the compliance monitoring activities of the county's local housing assistance program, or a suitable substitute determined by the Indian River County Board of County Commissioners. vii. Speck that no provision of the restrictive covenant maybe amended without the consent of the Board of County Commissioners of Indian River County. 3. An applicant may obtain a development density bonus for a planned development project in compliance with one of the following options: a. An applicant may obtain a density bonus by providing affordable dwelling units within the residential development project which will utilize the density bonus. For development projects utilizing the on-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as indicated in the following table: Very Low Income Density (VLI) and Low Income Bonus (Percent Additional Density Bonus for Providing Range of Possible Density (LI) Affordable increase Additional Buffer and Landscaping based on Bonus Percentage (Percent Units as in one of the following options (percent increase increase in allowable Percentage of allowable in allowable units) units) Project's Total units). Units Option I Option II Material equal to a 20' wide Type Material equal to a 10' B buffer* with 6' wide Type C buffer* with opaque feature 6' opaque feature along along residential residential district district boundaries and 4' opaque boundaries and feature along roadways 4' opaque feature along roadways More than 30% 10% 5% or 10% 10-20% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations b. An applicant may obtain a density bonus by providing affordable dwelling units off-site from the residential development project which will utilize the density bonus. For development projects utilizing the 192 AHAC Incentives Report Attachment I off-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as follows: The percentage of density bonus shall be one-half (112) of the applicable density bonus as determined for on-site affordable housing projects as provided in the above table. (5) Approval procedure and other requirements. All planned developments shall be reviewed consistent with the requirements of Chapter 915, Planned Development. :0 Incentives 193 Section 971.41(9) of the LDRs Small Lot Subdivisions. Small lot single-family subdivisions (administrative permit): (a) Districts requiring administrative permit approval, (pursuant to the provision of 971.04): RS -6, RT -6, RM -6, RM -8, RM -10 (b) Criteria for small lot subdivisions: 1. The small lot subdivision shall be serviced by centralized water and wastewater. 2. The gross density of any small lot subdivision shall not exceed the maximum density allowed within the zoning district in which the subdivision is located. 3. Perimeter lots are those lots which abut or are adjacent to areas not included in the proposed small lot subdivision. Perimeter lots which abut property having a residential or agricultural zoning designation shall: a. Conform to the standard applicable size and dimension criteria of the respective zoning district in which the project is located; or b. Comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5,000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: Minimum rear yard setbacks shall be provided, based upon lot width, as indicated in the table below: Lot Width (feet) Rear Yard (feet) >=50 & <55 30 >=55 & <60 27 >=60 & <65 24 >=65 & <70 22 4. Interior lots (those determined not to be perimeter lots) and those perimeter lots which abut a property having a commercial/industrial land use designation shall comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5, 000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: 15 feet AHAC Incentives Report Attachment 2194 5. Accessory structures may encroach into required yards as allowed in section 911.15 of the land development regulations. 6. In lieu of buffering requirements specified in Chapters 911 and 913, the following buffer requirements shall apply to small lot single -family subdivision projects: A. Buffers adjacent to collector and arterial roads. A twenty-five-foot wide Type `B" buffer with six-foot opaque feature shall be provided along all perimeters that are adjacent to collector and arterial roads. B. Buffers for other perimeters. A ten foot wide Type "C" buffer with three-foot opaque feature shall be provided along all perimeters that are not adjacent to collector and arterial roads. C. The buffer improvement(s) shall be located within a buffer easement(s) or tract(s) as designated on the small lot subdivision plat. Said easement(s) or tract(s) shall be depicted on the final plat and shall be dedicated to the subdivision's property owners' association to ensure maintenance of the buffer improvements. The buffer easement improvement(s) shall be considered a required subdivision improvement and shall be provided in accordance with the provisions of section 913.08 of the land development regulations. D. No structure(s), other than those related to buffering, drainage or utilities, shall be located in the buffer easement. 7. In lieu of the green/recreation space, swale, curbing, and sidewalk requirements of Chapters 911 and 913, the following requirements shall apply: A. A minimum seven and one-half (7.5) percent of the total project area shall be provided as green space/recreation space. Said area may consist of preserved wetlands and or native uplands, park space, pools, day-care space, clubhouses, ball-courts, playgrounds, play-field areas, or similar uses approved by the community development director. Said area(s) shall be designed to be conveniently accessible and useable by all project residents. B. Sidewalks (minimum four foot width) shall be provided along both sides of all streets unless an alternative design is approved by the community development director. C. The urban service area boundary buffer and wall variation requirements of Chapter 913 shall apply to small lot single -family subdivisions. 8. Minimum building setbacks as specified in 971.41(9)(b)3. and 4. above, shall be depicted as a residential building envelope on the preliminary plat. Language shall be noted on the finalplat to the effect that specially-approved setbacks are in effect on the lots. 9. Workforce or affordable housing. In exchange for lot size and setback reductions, small lot single - family subdivision projects shall meet the following workforce or affordable housing criteria: A. All dwelling unit sales and rent prices shall be restricted for a period of at least ten (10) years from the date of the unit's first sale (closing). 1. The initial sales price of a small lot subdivision housing unit shall not exceed three and one-half (3 1/2) times the Indian River County annual median household income. Over the ten year restriction period, the sales price may be increased three (3) percent per year (compounded annually). 2. Where a small lot subdivision housing unit is rented, the monthly rental price shall not exceed the Indian River County maximum rent by unit type for moderate income as published by the Florida Housing Finance Corporation. B. As an option to and in lieu of criterion `A" above, an applicant may propose an alternative to the resale price and appreciation restriction. Any such alternative must ensure that small lot subdivision housing units remain affordable for at least ten (10) years. An alternative to the sales price restriction shall be structured as a deed restriction which shall apply to lots created by the small lot subdivision process. The draft restriction shall be submitted in conjunction with the small lot subdivision preliminary plat application and shall: • Identify the proposed method of ensuring affordability which may include: - Rent/price resale restriction - Buyer income qualification - Shared equityprocess - Other • Identify appeal/variance procedure or a prohibition of appeals/variances -Identify a monitoring program which shall be administered by public agencies or private organizations qualified to provide or assist with workforce or affordable housing. The alternative shall be considered by the planning and zoning commission and evaluated under the above criteria. The PZC is authorized to approve the alternative and attach conditions to ensure that the above criteria are satisfied. C. The maximum size of each dwelling unit shall be restricted in perpetuity to one thousand five hundred (1,500) square feet under air. 195 D. The restrictions required under items A. or B., and C. above shall be incorporated into deed restrictions, running in favor of the county and any unit buyer or renter, approved by the county attorney and filed in the public records by the project applicant. The sales price restriction shall require county consent of the sales price prior to each closing during the ten-year restriction period. Such consent is authorized to be made by the community development director or his designee. F:\Community Development\SHIP\AHAC\ANNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\BCC Item - Incentives Report\Attachments to AHAC Report\Attachment 2a.doc AHAC Incentives Report Attachment J96 • A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION NO. 2008 -038 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA;_ ESTABLISHING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE .AND ASSIGNING TASKS TO THE COMMITTEE. WHEREAS, Indian River County adopted Ordinance No. 93 - 13, establishing the Indian River County Local Housing. Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of the Indian River County Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Code; and WHEREAS, the 1993 Affordable Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of the HB 1375, revised Section 420.9076.F.S. to require all Counties in the state to establish Affordable Housing Advisory Committees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. A new Affordable Housing Advisory Committee (AHAC) is hereby established. 2•. The Affordable Housing Advisory Committee voting membership shall be as identified in Exhibit "A" attached to this resolution.. 1 AHAC Incentives Report Attachment 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION NO. 2008 - 038 3. The Affordable Housing Advisory committee non-voting membership shall be as identified in Exhibit "B" attached to this resolution. 4. Vacancies in membership shall be filled and approved by majority vote of the Indian River County Board of County Commissioners. 5. The provisions of Chapter 103, Commissions and Boards, of the Indian River County Code shall apply to the activities of the Affordable Housing Advisory Committee unless otherwise specified in Section 308.07 of the Indian River County Code. 6. The Affordable Housing Advisory Committee shall have no power or authority to commit Indian River County to any policies, incur any financial obligation, or create any liability on the part of the County until approved or adopted by the Board of County Commissioners. 7. Duties of the Affordable Housing Advisory Committee include but are not limited to: • Providing advice to the Board of. County Commissioners regarding the provision of affordable housing and workforce housing within the county • Assessing new affordable housing strategies ■ Reviewing and assessing the county's current affordable housing incentives • Reviewing the County's current policies and procedures as related to the provision of affordable housing 2 198 AHAC Incentives Report Attachment 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION NO. 2008 - 038 Reviewing the Housing Element component of the County's Comprehensive Plan Evaluation and Appraisal Report. ' Reviewing the County's Land Development Regulations as they relate to the provision of affordable and workforce housing. • Submitting a report to the Board of County Commissioners by December 31, 2008 and each 3 years thereafter, to recommend specific actions or initiatives to encourage and facilitate affordable housing while protecting the ability of property to appreciate in value. The foregoing resolution was offered by Commissioner Peter D. O'gryan and seconded by Commissioner Wesley S. Davis , and, being put to a vote, the vote was as follows: Chairman, Sandra L. Bowden Aye Vice -Chairman, Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Joseph E. Flescher Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of March 2008. 3 199 AHAC Incentives Report Attachment 3 RESOLUTION INTO INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY CO I SIGNERS By. San oiv. , airman APPROVED AS TO FORMAT AND LEGAL SUFFICIENCY: William G. Collins, II County Attorney 4 2008 - 038 ATTEST: b40141- Jeffrey K. Barton, Clerk STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND GORREGT COPY OF THE ORIGINAL ON FILE IN THIS OFFICir. Fd=REY.. ARTON CLERK BY __ D.C. DAT�A�.19.0� AHAC Incentives Report Attachment 3 200 RESOLUTION NO. 2008 - 038 EXHIBIT "A" Members of the Indian River County Affordable Housing Advisory Committee Appointed by the Indian River County Board of County Commissioners, pursuant to Section 420.9076(2).F.S. Representational Criteria Voting Members 1. A citizen who is actively engaged in the residential home building industry in connection with affordable housing. 2• A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. 3. A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. 4. A citizen who is actively engaged as .an advocate for low- income persons in connection with affordable housing. 5. A citizen who is actively engaged as a for-profit provider of affordable housing. 6. A citizen who is actively engaged as a not-for-profit provider of affordable housing 7. A citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. A citizen who actively serves .on the County's local planning agency (Planning and. Zoning Commission) S.163.3147F.S. pursuant to 9. A citizen who resides within the county. 10. A citizen who represents employers within the county. 11. A citizen who represents essential services personnel, as defined in the Local Housing Assistance plan. 1 201 AHAC Incentives Report Attachment 3 RESOLUTION NO. 2008 - 038 EXHIBIT "A" Voting Members 12. A representative appointed by the. City of Fellsmere 13. A representative appointed by the City of Vero Beach 14.. A representative appointed by the. City of Sebastian 15. A representative appointed by the Town of Indian River Shores 16. A representative.appointed by the Town of Orchid 202 A TRUE COPY CERTIFICATION ON LASTPAGE J.R. SMITH, CLERK RESOLUTION NO. 2020 - 086 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERSHIP AND RESTATING ITS TASKS, POWERS, AND DUTIES WHEREAS, Indian River County adopted Ordinance No. 93 — 13, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of the Indian River County Ordinance Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Ordinance Code; and WHEREAS, the 1993 Affordable Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of HB 1375, revised Section 420.9076 Florida Statutes to require all counties in the state to establish Affordable Housing Advisory Committees and to prepare a report every three years that reviews local established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, on March 18, 2008, the Indian River County Board of County Commissioners adopted resolution 2008-038 establishing a new Affordable Housing Advisory Committee as directed by the state to fulfill the requirements of HB 1375; and WHEREAS, as part of resolution 2008-038, the Board of County Commissioners appointed a total of seventeen members to the Affordable Housing Advisory Committee, consisting of eleven voting members from categories outlined in state statute, five additional voting members consisting of a representative appointed by each of the towns and cities in the County, and one non-voting Board 203 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH,, CLERK RESOLUTION NO. 2020 - 086 of County Commissioners liaison; and WHEREAS, the Affordable Housing Advisory Committee created and approved the County's first Affordable Housing Advisory Committee Report on November 18, 2008, which was subsequently approved by the Board of County Commissioners on December 9, 2008 and submitted to the Florida Housing Finance Corporation•, and WHEREAS, since approval of that report, three additional Affordable Housing Advisory Committee reports were prepared, recommended for approval by Affordable Housing Advisory Committee, approved by the Board of County Commissioners, and submitted to the Florida Housing Finance Corporation; one in 2011, one in 2014, and the other in 2017; and WHEREAS, the current Affordable Housing Advisory Committee has eleven members plus a Board of County Commissioners liaison; and WHEREAS, the 2020 Florida Legislature, as part of HB 1339, revised section 420.9076, Florida Statutes, to require the Affordable Housing Advisory Committee membership to include a member of the Board of County Commissioners; and WHEREAS, the state has advised that the Board of County Commissioner member must be a voting member of the Affordable Housing Advisory Committee and cannot be a liaison; and WHEREAS, adding the Board of County Commissioners member as a voting member to the County's currently established Affordable Housing Advisory Committee would place its membership at twelve (12), which is one (1) member more than the statutorily mandated cap of eleven (11) members; and WHEREAS, to meet the statutory cap of eleven (11) members, the Town of Orchid, which is the smallest town in the County, has graciously agreed to serve as an alternate for the Town of Indian River Shores when that member cannot attend, while able to participate in a non-voting capacity at regular meetings when the Town of Indian River Shores member is present; and WHEREAS, in all cases, the Town of Orchid alternate is welcome to attend Affordable 4 204 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK RESOLUTION NO. 2020 -086 Housing Advisory Committee meetings and provide input. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS.OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Affordable Housing Advisory Committee voting membership shall be modified as identified in Exhibit "A" attached to this resolution, adding one (1) Board of County Commissioner as a member and removing the one (1) representative from the Town of Orchid. 2. Vacancies mi membership shall be filled as noted in Exhibit "A". The foregoing resolution was offered by Commissioner O' Bryan and seconded by Commissioner Zorc , and, being put to a vote, the vote was as follows: Susan Adams, Chairman AYE Joseph E..Flescher, Vice Chairman AYE Tim Zorc, Commissioner AYE Peter D. O'Bryan, Commissioner AYE' Bob Solari, Commissioner NAY The Chairman thereupon declared the resolution duly passed and adopted this 6th day of October 1 2020. BOARD BOARD OF COUNTY OF IND+AN'RIVER Ct • �y'GpA1f�i15s���. oJR ATTEST BY: i-efl6y Smith, Clerk Of Circuit Court and Comptroller 3 205 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION NO. 2020 - 086 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dyl ingold, County Attorney APPROV AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director 4 206 AHAC Incentives Report Attachment 4 A TRUE COPY CERTIFICATION ON LAST PAGE RESOLUTION NO. 2020 -086 J.R. SMITH, CLERK EXHIBIT "A" Voting Members 1. A representative appointed by the City of Fellsmere 2. A representative appointed by the City of Vero Beach 3. A representative appointed by the City of Sebastian 4. A representative appointed by the Town of Indian River Shores* * A representative :appointed by the Town of Orchid to serve as an alternate in the absence of the Town of Indian River Shores representative In addition to the four municipal representatives listed above, the Board of County Commissioners shall appoint one (1) member from the Board of County Commissioners and appoint/select six members from the list below (as required by Section 420.9076(2) Florida. Statutes and County Policy). • A citizen who is actively engaged in the residential home building industry in connection with affordable housing. • A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. • A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. • A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. • A citizen who is actively engaged as a for-profit provider of affordable housing. • A citizen who is actively engaged as a not-for-profit provider of affordable housing. s A citizen who is actively engaged as a real estate professional in connection with affordable housing. • A citizen who actively serves on the County's local planning agency (Planning and Zoning Commission) pursuant to Section 163.3147 Florida Statutes. • A. citizen who resides within the county. 207 AHAC Incentives Report Attachment 4 RESOLUTION NO. 2020 -086 • A citizen who: represents employers within the county. • A citizen who represents essential services personnel, as defined in the Local Housing Assistance plan. F:\Community Development\SHIP\A.HAC\Resolutions and Ordinances\2020 Resolutionand Ordinance Revisions\ResolutioMAHAC MEMBERSHIP RESOLUTION - 2020 Ciean.docx STATE CF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS i5 A TRUE AND CORRECT COPY OF TH IGINAL ON FILE IN THIS OF, I E%.�nA BY ! I/IU�AYEj// VT /1 l. CLERK` D.C. DATE 200 AHAC Incentives Report Attachment 4 Public Hearing Notice Notice is hereby given that, on October 28, 2020, the Indian River County Affordable Housing Advisory Committee (AHAC), pursuant to requirements of Section 420.9076(5), F.S., will conduct a public hearing on the Affordable Housing Advisory Committee's 2020 Incentive Review and Recommendation Report for revisions and additions to the county's affordable housing incentives. The AHAC report addresses all affordable housing incentives listed in paragraphs A through K of Section 420.9076(4), F.S. As structured, the draft AHAC report recommends keeping all of the county's current affordable housing incentives. Date & Time: Wednesday, October 28, 2020, at 9:00 a.m. Place: Conference Room B 1 -5 01 County Administration Building `B" 1800 27th Street Vero Beach, FL 32960 Reports: Copies of the AHAC Report are available at the Planning Division located at 1801 27th Street, Vero Beach, FL 32960 and at the county website at: http://www.ircgov.com/ ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICAN'S WITH DISABILITIES ACT (ADA) COORDINATOR AT (772) 226-1233 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. To: be advertised on October 14, 2020, in Section "A" Please charge to account # 334192, Attn: Kathy Charest Please forward 1 proof of publication before public hearing date to: Kathy Charest kcharestAirc og v.com F:\Community Development\SHIP\AHACWNNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\Agenda Items\AHAC Agenda Item #2Wttachment 5 - Public Hearing Notice.doc 209 RESOLUTION NO. 2020 - A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2020 REPORT AND DIRECTING STAFF TO SUBMIT THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN TO FLORIDA HOUSING FINANCE CORPORATION (FHFC) WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on October 28, 2020 to review the Affordable Housing Advisory Committee's 2020 Report; and WHEREAS, the AHAC at its October 28, 2020 public hearing voted to recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2020; and WHEREAS, per state requirements Local Housing Assistance Plans must be revised every three years; and WHEREAS, a copy of the amended Indian River County Local Housing Assistance Plan must be submitted to the Florida Housing Finance Corporation for its review by May 1, 2021. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: 210 RESOLUTION NO. 2020 - Section 1. The above recitals are ratified in their entirety. Section 2. The attached Indian River County Affordable Housing Advisory Committee 2020 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2020. Section 4. Staff is directed to submit a copy of the revised Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by May 1, 2021. The foregoing resolution was offered by Commissioner and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Joseph H. Earman Commissioner, Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 1St day of December, 2020. (Signatures on next page) 211 RESOLUTION NO. 2020 - Board of County Commissioners of Indian River County Joseph E. Flescher, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY :_ Dylan Reingold County Attorney FACommunity Development\SHIP\AIIAC\P,NNUAL INCENTIVE REPORT AND LHAP REVISIONS\2020 Incentives Report\BCC Item - Incentives Report\Attachments to AHAC Report\Attachment 6 - RESOLUTION for 2020 AHAC Report.docx 212 AFFORDABLE HOUSING ADVISORY COMMITTEE A meeting of the Indian River County Affordable Housing Advisory Committee (AHAC) was held on October 28, 2020, at 9:00 AM via Zoom videoconferencing and also live in the Commissioner Chambers of the County Administration Building A, 1801 27th Street, Vero Beach, Florida. An audio recording can be found at http://www.ircgov.com/Boards/AHAC/2020.htm. Members Present Julianne Price, President, Every Dream Has a Price, Chairperson Sheryl Vittitoe, President, Habitat for Humanity, Vice Chairperson (late arrival) Mark Mathes, City of Fellsmere (late arrival) Linda Morgan, Progressive Civic League, Small Business Owner (late arrival) Laura Moss, Councilmember, City of Vero Beach David Myers II, Mortgage Industry Christopher Nunn, City of Sebastian Mark Seeberg, Real Estate Professional in Connection with Affordable Housing Tom Slater, Town of Indian River Shores Bob Solari, Board of County Commissioners (BCC) Liaison Members Absent Kenneth "Chip" Landers, Local Planning & Zoning Agency IRC Staff/Officials Present Jason Brown, Indian River County Administrator Matt Kalap, Community Development Phil Matson, Chief, Community Development Bill Schutt, Chief, Long -Range Planning Ed Offutt, Commissioner Assistant, Recording Secretary Call to Order (9:00 AM) Chairperson Price called the meeting to order and noted that a quorum was present. Approval of Minutes from August 26, 2020 (9:00 AM) ON MOTION BY Mr. Nunn, SECONDED BY Mr. Seeburg, the members voted unanimously (7-0) to approve the minutes of August 26, 2020, as presented. (Ms. Vittitoe, Mr. Mathes, and Ms. Morgan arrived late to the meeting.) Consideration of the 2020 AHAC Report (Public Hearing) (B. Schutt) (9:01 AM) Mr. Schutt presented the AHAC 2020 Incentives Review and Recommendation Report to the committee. (See Attachment 1 for the details of Mr. Schutt's presentation.) Upon completion, Chairperson Price opened the public hearing for comments; as there were none, she closed the public hearing. There were no comments from the committee, so Chairperson Price asked for a motion to approve. 213 (9:04 AM) Ms. Vittitoe and Ms. Morgan arrived at the meeting, followed about a minute later by Mr. Mathes. (9:00 AM) ON MOTION BY Commissioner Solari, SECONDED BY Mr. Slater, the committee voted to unanimously approve (10-0) the AHAC 2020 Incentives Review and Recommendation Report. Consideration of Revised IRC Local Housing Assistance Plan for Fiscal Years 2021-22, 2022-23, and 2023-24 (B. Schutt) (9:12 AM) Mr. Schutt next briefed the committee on the proposed Local Housing Assistance Plan (LHAP) for Fiscal Years 2021-22, 2022-23, and 2023-24. (See Attachment 2 for the details of Mr. Schutt's presentation.) Mr. Slater, proposed that the Board of County Commissioners (BCC) seek other funding outside of the State Housing Initiatives Partnership (SHIP), noting that the state routinely "sweeps" these funds to fill other budget needs. Mr. Mathes questioned the prescribed waiting period between applications, the project cost limits, and the number of opportunities to apply for benefits, observing that one could put together potential combinations of these that would seem to either treat applicants unjustly or undermine previous program investments. (9:42 AM) Ms. Morgan departed the meeting. (9:42 AM) Mr. Myers asked about "essential service personnel," wondering if the definition only applied to credentialled healthcare workers. Formulating an example case, he asserted that many people who might not be considered essential healthcare workers, such as hospital kitchen employees and cleaning staff, would in fact be the only healthcare workers that qualified for SHIP. Mr. Mathes expressed concern that a system might be created that bypassed "very low income" applicants in favor of "low income" applicants that meet the definition of essential service personnel. Mr. Schutt, however, pointed out that while the term is defined in the document, such data is not currently used in prioritizing applications. Chairperson Price noted that she was not sensing a consensus about adding an applicant's status as "essential service personnel" as a criterion for adjusting the order of execution, remarking that the most critical differentiator is typically the order in which applications are received. Mr. Mathes suggested that essential utility and public works government employees be specifically added to the definition. (10:03 AM) Chairperson Price then returned to the prescribed waiting period between applications, the project cost limits, and the number of opportunities to apply for benefits; she particularly questioned the wisdom of limiting SHIP support to two events in a resident's lifetime. Mr. Mathes concurred, specifying that some residents have lived in Fellsmere for over 70 years, and in that time would certainly require more than one home rehabilitation. Mr. Slater expressed dislike for rules that set absolute limits, instead advocating for more leeway in decision-making. Commissioner Solari favored a ten-year waiting period, but no limitations on the number of applications in a person's lifetime or the number of rehabilitations associated with a particular home. (10:14 AM) Chairperson Price lamented those potential situations where a resident in serious need of funding could be skipped over in favor of another who had not previously applied. In response to similar questions from several AHAC members, Mr. Schutt advised that the county does have a "pool" of needy residents, since there are more applicants than funds available; he explained that emergency applications (collapsing roofs, for example) are considered separately and are funded first. (9:00 AM) ON MOTION BY Mr. Mathes, seconded by Mr. Myers, the committee voted to unanimously approve (9-0) the changes to the Local Housing Assistance Plan for 214 Fiscal Years 2021-22, 2022-23, and 2023-24, as proposed in Attachment 2, with the inclusion of "essential utility and public works government employees" to the Essential Service Personnel definition. (10:26 AM) Chairperson Price took a moment to recognize Commissioner Solari for his service to the AHAC and formally welcomed the newest member, Mr. Nunn. She advised that a notice would be sent out in advance of the next meeting. Adjournment (10:27 AM) As there was no additional business, Chairperson Price adjourned the meeting. Attachments Attachment 1 — Review of AHAC 2020 Incentives Review and Recommendation Report (B. Schutt) Attachment 2 — Consideration of Revised IRC Local Housing Assistance Plan for Fiscal Years 2021-22, 2022-23, and 2023-24 (B. Schutt) 215 WE s INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: November 18, 2020 SUBJECT: Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2021-2022, 2022-2023, and 2023-2024 It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 1, 2020. DESCRIPTION AND CONDITIONS Pursuant to the requirements of Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the County's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Corporation approved the county's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. According to Rule 67-37.005(2), Florida Administrative Code, every three years each local government receiving SHIP funds must submit a new Local Housing Assistance Plan (LHAP) to the Florida Housing Finance Corporation. Accordingly, the County's plan was submitted in 1994, 1997, 2000, 2003, 2006, 2009, 2012, 2015, and 2018. In 2018, the Board of County Commissioners approved the County's current 3 -year plan. The Florida Housing Finance Corporation (FHFC) then approved the county's plan and authorized the disbursement of SHIP funds until June 30, 2021. By May 2021, the County must submit to FHFC a new 3 -year plan for FY 2021-2022, FY 2022-2023, and FY 2022-2024. This agenda item reviews the proposed new LHAP. • SHIP Program Activity Since its initial adoption in 1993, the county's LHAP has been successful in directing assistance to eligible households within the county. The attached table (attachment # 1) identifies the county's 216 SHIP allocations and the number of loans given to eligible applicants by fiscal year and by income category. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income includes SHIP loan repayments and interest earned. For FY 2020-21, full funding estimated at approximately $1.6 million was initially approved by both the Legislature, but due to the recent COVID-19 health crisis was eliminated ($0 state allocation). ANALYSIS To meet the Florida Housing Finance Corporation's local housing assistance plan submittal requirements, and to recognize changed conditions; staff, in conjunction with the County's Affordable Housing Advisory Committee (AHAC), prepared a revised LHAP (Attachment 2). The revised plan is a continuation of the county's existing plan with the following changes: • Increases Rehabilitation Loan cap from $50,000 to $60,000. • Increases Emergency Rehabilitation Loan cap from $20,000 to $25,000. • Increases Purchase Assistance Loan with Rehabilitation Loan cap from $10,000 to $12,500. • Establishes a cap of $60,000 per housing unit in active SHIP loans (all categories except when disaster funding is necessary). • Prohibits a household/property from having two active SHIP rehabilitation loans (must wait for first 10 year rehab loan to expire before a new rehab loan may be given). Exception: A household/property may have an active SHIP rehabilitation loan and also obtain a SHIP emergency and/or disaster loan. • Provides for the County's Loan Review Committee to administratively reduce the per unit and per project award amounts for new construction projects (Federal or State Programs Matching Loans) when there are limited SHIP funds available or allocated from the state. • Updates to include state required definitions for "Essential Service Personnel" and for "First-time Homebuyer" and general clean-up text edits. • Edits to clarify the County's existing types of strategies available through the SHIP program and to make the strategy categories more consistent with categories specified by the state. The proposed revisions to increase loan amounts will help to accommodate labor, materials, and general contractor price increases. Proposed revisions to add a monetary benefit cap and a time period before a homeowner can re -apply for a 2nd rehabilitation loan will allow funds to be distributed to more properties without any one property excessively benefiting. 217 Affordable Housing Advisory Committee Review The proposed updated LHAP was reviewed by the County's Affordable Housing Advisory Committee (AHAC) at their regular meetings on August 26, 2020 and October 28, 2020. While the AHAC reviewed proposed revisions at their August meeting and expressed their overall agreement with them; the AHAC felt further analysis/discussion was warranted for the issue of whether or not there should be a restriction to limit the number of SHIP rehab loans a property/household should be awarded and whether there should be a wait period for re -applying for SHIP assistance after a property/household had already been assisted with a rehab loan. The AHAC requested that staff analyze the issue further and bring some options back to the AHAC for consideration at their October 28, 2020 meeting. At the October 28, 2020 AHAC meeting, staff presented various options and approaches other communities have taken to try to limit the number and amount of rehab assistance loans a specific property/household may receive. The AHAC ultimately agreed that a property should have only one active rehabilitation 10 -year loan at a time (with the exception of emergency/disaster rehab loans). The AHAC also engaged in discussion about what constitutes "essential services personnel" as defined by the state and whether or not local priority should be given to assisting essential service personnel with SHIP funds. The AHAC determined that while essential service personnel are important, the overall need for SHIP assistance in the community is far too great to give priority based on occupation, so no changes were made to give priority to essential services personnel. As drafted, the proposed plan meets all state and local requirements and proposed revisions address changed conditions. Once adopted and approved by the state, the Local Housing Assistance Plan will provide the basic framework and operating procedures, including program strategy qualification requirements and other provisions, for the SHIP program for the next 3 fiscal years. The new plan will also make the county eligible to receive SHIP funds until June 2024. FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. RECOMMENDATION Staff and the AHAC recommend that the BCC approve the new Indian River County Local Housing Assistance Plan by adopting the attached resolution, authorizing the Chairman to sign the certification page, and authorizing staff to make any changes to the LHAP as may be required after review by the state. ATTACHMENTS 1. SHIP Program Funds and Applicant Income Information Summary 2. Indian River County Local Housing Assistance Plan for FY 2021-2022, FY 2022-2023, and FY 2023-2024 3. Resolution Approving the New Plan 4. Plan's Certification Page 218 5. Minutes of August 26, 2020 AHAC Meeting 6. Unapproved Minutes of October 28, 2020 AHAC Meeting FACommunity Development\SHEP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\BCC staff report LHAP - 2020 V2.docx 219 CQ 5C G V/ Z LO r 5Q G O LL Z W 2 O U Z Z /4/) V M a a Q Z Q N 0 Z D 5LL. 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OI O W N I h r O N ip f� EO N J T F m N T T T T T T T T T T T T T T O) 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O O O O O O O O O O T N N N N N N 14 N N N N N N N N N N N N Indian River County 4 0 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2021-20229 2022-2023, and 2023-2024 Adopted by BCC: . December , 2020 Approved by FHFC: 52021 Equal Housing Opportunity ATTACHMENT 2 _ 1 _ 221 Effective: July 1, 2021 Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 7 A. Owner Occupied Rehabilitation Loans 7 B. Purchase Assistance with or without Rehabilitation Loans 9 C. Emergency Repair Loans 10 D. Disaster Mitigation Loans 12 E. Impact Fee / Capacity Charge Loans 13 F. New Construction (Federal or State Programs Matching Loans) 14 Section III, Incentive Strategies 16 A. Expedited Permitting 16 B. Ongoing Review Process 16 C. Other Incentive Strategies Adopted 17 Section IV, Exhibits 18 A. B. C. D. E. F. G. H. Administrative Budget for 2021-2022, 2022-2023, and 2023-2024 Timeline for Estimated Encumbrance and Expenditure Housing Delivery Goals Charts (HDGC) For 2021-2022, 2022-2023, and 2023-2024 Signed LHAP Certification Signed, Dated, Witnessed or Attested Adopting Resolution Ordinance: No Change to the Original Ordinance Interlocal Agreement: No Interlocal Agreement State Housing Initiatives Partnership (SHIP) Program Information Sheet 222 I. Program Details: A. LG(s) Name of Local Government Indian River County Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) NA B. Purpose of the program: • To meet the housing needs of the very low, low and moderate income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2021-2022, 2022-2023, and 2023-2024 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low-income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants, loans or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders, neighborhood associations, Affordable Housing Advisory Committee, and the Indian River County Affordable Housing Partnership Group. Public input was solicited through the county website and in the advertising of the Local Housing Assistance Plan Notice of Funding Availability in the local newspaper. H. Advertising and Outreach: SHIP funding availability shall be advertised in the Press Journal (the local newspaper of general circulation) and on the county website, at least 30 days before the beginning of the application period. If no funding is available due to a queue list, no notice of funding availability is required. I. Queue List/Priorities: A queue list will be established when applicants apply to the county SHIP program. Those households on the queue list will be contacted by staff when their queue number is reached. The queue list will be maintained with applicants listed in an order that is consistent with the time that their preliminary intake forms were submitted. Queue numbers will - 3 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 223 be assigned based on that order. Adjustments to the queue order may be made to achieve any established funding priorities as described in this plan. Priorities for funding described herein apply to all strategies unless otherwise stated in the strategy. The county will accept preliminary intake forms during the advertised "Application Period". All applicants must complete the SHIP preliminary intake information sheet and submit it to the SHIP office to obtain their queue list number. Once there is a list of eligible applicants, they will be ranked based on the priorities provided below. Ranking Priority: 1. Emergency Loans 2. Special Needs Households (until the program's required percentage has been met) 3. Very low income applicants from local Non-profit Affordable Housing Organizations such as Habitat for Humanity and Every Dream Has a Price 4. Other applicants a. Very low income (until the program's required percentage has been met) b. Low income (until the program's required percentage has been met) C. Moderate income J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include, but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department X Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it - 4 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 224 is not the intent to limit an individual households ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan in the original amount of $10,000 or less shall not be subject to this annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line -item budget of proposed Administrative Expenditures is attached as Exhibit A. Indian River County finds that the funds deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the S percent limitation on administrative costs, unless its governing body finds, by resolution, that S percent of the local housing distribution plus S percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. " Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus S percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350, 000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be I Entity I Duties I Admin. Fee I 225 R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (f either meets the above test, they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost not to exceed $2,750.00 to cover inspection services, preparation of work write-ups, and construction inspections performed by non - county employees for rehabilitation projects. Since the county Building Division is set as an enterprise fund, if SHIP utilizes a building inspector, SHIP must reimburse the Building Division for the building inspector's time. For all loans, housing delivery cost will also include but not be limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district, community college, and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. The county will, when economically feasible as determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bathrooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less; b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star qualified refrigerator (for new construction); 4. Energy Star qualified dishwasher (for new construction); 5. Energy Star qualified washing machine (for new construction) if provided in units; 226 Percentage Indian River County I Administer the program 100% R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (f either meets the above test, they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost not to exceed $2,750.00 to cover inspection services, preparation of work write-ups, and construction inspections performed by non - county employees for rehabilitation projects. Since the county Building Division is set as an enterprise fund, if SHIP utilizes a building inspector, SHIP must reimburse the Building Division for the building inspector's time. For all loans, housing delivery cost will also include but not be limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district, community college, and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. The county will, when economically feasible as determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bathrooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less; b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star qualified refrigerator (for new construction); 4. Energy Star qualified dishwasher (for new construction); 5. Energy Star qualified washing machine (for new construction) if provided in units; 226 6. Energy Star qualified exhaust fans in all bathrooms; and 7. Air conditioning: Minimum SEER of 14 (or higher if required by code). V. The county will inform social service agencies serving the designated special needs populations of available SHIP assistance to achieve the 20% goal of the special needs set- aside. The goals will be met through all loan assistance strategies. W. Describe Efforts to Reduce Homelessness: The Treasure Cost Homeless Services Council (TCHSC) provides continuum of care to the homeless population within Indian River County. County staff works with the TCHSC staff to apply for grants, exchanges information, and provides assistance as needed. TCHSC administers the Homeless Management Information System (HMIS). TCHSC provides shelters, rental and utility assistance, supportive services for veteran families and manages affordable rental properties. X. Total assets (cash or non-cash items that can be converted to cash) not including IRA, Keogh, similar retirement savings accounts, and dedicated college saving accounts of an eligible household applying for SHIP assistance shall not exceed twenty thousand dollars ($20,000.00). Y. The maximum active SHIP loans on any property shall not exceed $60,000, except when utilization of disaster and/or emergency funds are necessary. Section II. LHAP Strategies: A. Owner Occupied Rehabilitation Loans Code 3 a. Summary of Strategy: SHIP funds will be awarded to owner occupied households in need of repairs to correct health and safety issues and code violations related to electrical, plumbing, roofing, windows, and other structural items as well as hurricane hardening activities. A detailed list of rehabilitation work activities allowed or not allowed is included in the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, and moderate d. Maximum award: Very Low and Low Income $60,000* *For rehabilitation loans in conjunction with Purchase Assistance loans, see Strategy B of this LHAP for maximum award allowances. 227 e. Terms 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 10 years (5 years in conjunction with CDBG funding). 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon death of the homeowner, whichever comes first). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence, or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying non-CDBG related homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. Property shall not be eligible to re -apply until after expiration of a 10 year rehab loan, except when utilization of disaster and/or emergency rehabilitation funds are necessary. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: All work must be performed by licensed and insured contractors. Applicants applying for rehabilitation assistance loans must also provide a copy of the deed to their home. A complete application and all required documents must be submitted to the SHIP office when an applicant's queue number is reached and contacted by SHIP staff. 228 i. Other Rehabilitation Loan requirements: Rehabilitation loans shall be provided consistent with the requirements of the County's Minimum Standards for Rehabilitation of Residential Properties document. Rehabilitation loans will not be awarded for rehabilitation work completed prior to the county loan approval. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. Residential Construction Hurricane Mitigation (RCMP): The county will match SHIP funds with My Safe Florida Home Funds for hurricane resistant retrofit improvements to owner occupied site built homes to reduce potential future hurricane damage. If applicable, the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding$294,601 (SHIP program maximum). Applications will be reviewed on first qualified, first served basis. Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans Code I a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal reduction to households to purchase an existing home. An existing home must be in need of rehabilitation. Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 229 C. Income Categories to be served: Very -low, low and moderate d. Maximum award: Income Category Purchase Assistance Portion Rehab Portion Max. Total Very Low $20,000 $12,000 $32,000 Low $15,000 -$11,50-0- $26,500 Moderate $10,000 $11,000 $21000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 20 years for Purchase Assistance Portion and 10 Years for Rehabilitation Portion. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy for the Purchase Assistance Portion and 10 years of occupancy for the Rehabilitation Portion. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term (20 years for Purchase Assistance Portion and 10 years for Rehabilitation Assistance Portion): sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. 230 g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. j. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mort aize Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original mortgage first mortgage interest amount may be used for closing For other loans up to 2 rate. costs associated with the points allowed refinancing. No cash out to applicant C. Purchase Assistance without Rehabilitation Loans Code 2 a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal reduction to households to purchase a newly constructed home. A newly constructed home must have received a certificate of occupancy within the last twelve months. Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low and moderate - 11 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 231 d. Maximum award: Very Low: $20,000 Low $15,000 Moderate $10,000 e. Terms: Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 8. Interest Rate: 3% Simple Annual Interest. 9. Years in Loan term: 20 years. 10. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy. 11. Repayment: Not required as long as the loan is in good standing. 12. Default: The loan will be determined to be in default if any of the following occurs during the 20 year loan term: sale,. transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: 232 Requirements for a Refinanced First Mort a e Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original mortgage first mortgage interest amount may be used for closing For other loans up to 2 rate. costs associated with the points allowed refinancing. No cash out to applicant D. Emergency Repair Loans Code 6 a. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home related to a dire situation that needs to be mitigated immediately. This includes: damaged roofing that is leaking, damaged windows causing exposure to the. elements, or electrical or plumbing, including septic tank problems, that could cause damage (fire) to the home or is an immediate health hazard to the occupants. This strategy may be used in cases where the health department, a jurisdiction's building official, or SHIP administrator utilizing a SHIP inspector's inspection report(s) determined that a home is in such a condition that it jeopardizes the occupant's health and safety. When an applicant is assisted with emergency repairs, they will not lose their place on the queue list. However, the amount of funds expended for the emergency repairs will be counted towards the. maximum award if the applicant receives subsequent assistance through the rehabilitation strategy. Funds may also be awarded to pay insurance deductibles for any emergency repairs covered by the homeowner's policy. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $25,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 233 5. Repayment: Not required as long as the loan is in good standing. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first- served basis with the priorities as described in Section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: An applicant requesting an emergency repair will be required to: 1. Allow the health department inspector, building department inspector, or rehabilitation specialist to access the home for an inspection to determine the need for the repair. 2. Provide proof of homeowner's insurance policy if it is available, any proof whether or not the insurance will cover any part of the repair, and if applicable, insurance award to be completed prior to SHIP award. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. E. Disaster Mitigation Loans Code 5 a. Summary of Strategy: Funds will be awarded to applicants in need of home repairs directly caused by a disaster that is declared by an Executive Order of the President or Governor. Repairs will be prioritized as follows: 1. Immediate threats to health and life safety (such as sewage, damaged windows, roofing) in cases where the home is still habitable. 2. Imminent residual damage to the home (such as damage caused by a leaking roof) in cases where the home is still habitable. 3. Repairs necessary to make the home habitable. - 14 - 234 4. Repairs to mitigate dangerous situations (such as exposed wires). b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $30,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 7. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. . f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in section I of this plan. 1. Proof of homeowner's insurance if available. 2. Must file for and use proceeds from insurance as first option. 3. Must file for FEMA, SBA and other assistance available prior to applying to SHIP. g. Sponsor/Developer Selection Criteria: N/A 235 h. Additional Information: Funds for disaster mitigation will only be allocated from unencumbered funds or additional funds awarded through Florida Housing Finance Corporation for the disaster. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. F. Impact Fee / Capacity Charge Loans Code 8 a. Summary of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very Low, low, moderate (in conjunction with PA loan only) d. Maximum award: $20,000 (current average actual cost range from $4,423 to $10,993) e. Terms: Deferred Payment Loan (DPL); Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years (5 years in conjunction with CDBG funding). 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (5 years if in conjunction with CDBG funding). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term, sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. 7. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 236 8. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in Section I. g. Additional Information: Impact Fee Capacity Charge loans will be based on actual amount of impact fees/capacity charges charged by the county. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. G. New Construction (Federal or State Programs Matching Loans) Code 21 ::1 a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very low, low and moderate d. Maximum award: $25,000 per unit, and $100,000 per project. These amounts may be administratively lowered by SHIP staff with Loan Review Committee approval if limited SHIP funds are available (due to a larger waiting/que list than funds available) and/or if a lower award amount will achieve the same point outcome for federal or state housing programs funding for development of rental affordable housing projects. e. Terms: Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate 3% 3. Term 10 years 4. Forgiveness: the entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and state housing program requirements. 5. Repayment: Not required as long as the project is constructed and meets the federal or state housing program requirements for occupancy by very low, low, and/or moderate income households. 237 6. Default: When the assisted housing has changed to a market rate prior to 10 years. In that case, the entire original loan and accumulated interest amount is due and payable. 7. Recipient Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state housing funding application to the appropriate agency to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: a. Capacity and Capability to Carry -out Project b. Scale of Project/Utilization of Density Bonuses c. Experience in Completing Similar Projects d. Use of Personnel from Wages and Workforce Development Programs e. Leveraging £ Site Control g. Neighborhood Compatibility with Area Redevelopment Plan h. Creation of Mixed Income Communities i. Recapture Provisions j. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools k. Incorporation of Transit -Oriented Design 1. Attractiveness of Design m. Multistory Buildings Must Have Elevators and be ADA Compliant n. Use of Green Building Techniques f. Additional Information: The compliance period for developments receiving SHIP funds as a match for any federal and/or state funds will be consistent with applicable federal and state fund requirements. Monitoring of these developments will be done through the appropriate federal or state programs. Developers receiving assistance from both SHIP and from the Low Income Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, state or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP program requirements. In the event both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C. g. For additional. information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives - 18 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 238 with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects (Housing Element policies 1.5 and 1.6) - Housina Element Policy 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy, POLICY 1.6: The County shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval - 5 days; - Minor site plan - 5 weeks; - Major site plan - 6 weeks; and - Special exception approval - 13 weeks. Whenever these review times increase by 150% or more due to the work load of the review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. In 2019, after recommendation from the Affordable Housing Advisory Committee (AHAC), the County revised the permit expediting process to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently in 2020 in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide a copy of the neon green permit expediting form. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption (Housing Element Policy 1.7). - Housing Element Policy 1.7 POLICY 1.7: As part of the adoption process for any county regulations which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated - 19 - F:\Community Deve1opment\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 239 to increase the estimated cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. C. Other Incentive Strategies Adopted: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)). 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)). 5. Policies for expedited permit processing (Housing Element policies 1.5 and 1.6). 6. Policy for review of proposed local policies or regulations, which may increase. the cost of housing (Housing Element policy 1.7). 7. Inventory of all surplus county owned land (Housing Element policy 2.4). 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4). 9. New single-family housing impact fee reduction/waiver categories added to County impact fee schedule; reducing or eliminating impact fees for certain sized housing units occupied by households with household incomes below 80% of the Area Median Income. 10. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8). 11. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9). 12. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10). 13. Policy for assistance to non-profit organizations to establish CDCs (Housing - 20 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 240 Element policy 4.11). 14. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12). 15. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13). 16. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). 17. Establishment of a Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance program, Local Housing Assistance plan, Housing Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1). IV. EXHIBITS: A. Administrative Budget for 2021-2022, 2022-2023, and 2023-2024 B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Charts (HDGC) For 2021-2022, 2022-2023, and 2023-2024 D. Signed LHAP Certification E. Signed, Dated, Witnessed or Attested Adopting Resolution F. Ordinance: No Change to the Original Ordinance G. Interlocal Agreement: No Interlocal Agreement H. State Housing Initiatives Partnership (SHIP) Program Information Sheet 241 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Indian River Exhibit A Fiscal Year: 2021-2022 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK Fiscal Year 2022-2023 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK Fiscal Year 2023-2024 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK *All 'other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: Other = Professional Services. There will also be additional administrative income from SHIP program loan repayments and interest earned (not included in the above numbers). 242 [eff. date] Exhibit B Timeline for SHIP Expenditures Indian River County affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended 151 Year AR 2nd Year AR Closeout AR 2021-2022 6/30/2023 6/30/2024 9/15/2022 9/15/2023 9/15/2024 2022-2023 6/30/2024 6/30/2025 9/15/2023 9/15/2024 9/15/2025 2023-2024 6/30/2025 6/30/2026 9/15/2024 9/15/2025 9/15/2026 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Encumbered Funds Not Expended 151 Year AR Not Submitted 2nd Year AR Not Submitted Closeout AR Not Submitted 2021-2022 3/30/2023 3/30/2024 6/15/2022 6/15/2023 6/15/2024 2022-2023 3/30/2024 3/30/2025 6/15/2023 6/15/2024 6/15/2025 2023-2024 3/30/2025 1 3/30/2026 6/15/2024 6/15/2025 6/15/2026 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff@flor.idahousine.ore and terry.aurineer@floridahousine.ore and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (June 30) does not relieve the requirement to submit (September 15) the annual report online detailing .all funds that have been expended. Please email terry,auringer@floridahousing.org when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are due for each local government the same year as the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. F:\Community Deve1opment\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\Attachments\2020 Exhibit B.docx 243 IV N N a o 0 0 0 o m c 0 0 0 0 0 0 0 0 0 0 0 p O N N N 8 O N O O O O O V UOf O N p C N O o O O N O N N N � f N N N O O O O O O O O O O O C N N O N N N N N O O O V1 t0/� O O N N L 3 c N N V C O O Oo O O O O O O O O O O O O o O O O O O O o o O O o O o O o o o = O N N po 00 N N Vf N N O N O p • C N N N O U N Vf tI� d Z -N a 8o 8888 N 9 N N M T Io0 N �a = O o F Q K � a= y 8 0 0 8 8 8 cr UQ u N : N N v T N o N h 460 N N N ld�l N O1 N R U 0 N Vf Q } O T W N �+ l7 Z W O N r = w N � Z N Q 8 uoi 0 0 0 0 a 0 Q m % 3 H N N N Vf 1A N � LL O U N H a N N C 10 , - Z C y� Z T > > A a c T C O • C C O Ca G A C c c a jd � 6 N L L C O C m o V al C m 3 3 R J O r ` oo OOC = N N a C N O V �' a a A a H a 6 N W C Z fi LL u �� fi a W L aai L p d m w o S u 6 Q u u a a N a G a 0 u�i O !a- t a V 0 a v IV N �_J �n N c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O S S' N h N N H S O O N N F aA t~A N N O OO O O O O O O O O O O O O O O O O O O O c O o H o h o 00 o N o N o �A o N o N o N o N o 00 SS O V c O O O O O O O O O O O O O O O O O O O O O O TJ O O h pO S N N N N N S O r N M N S r d Z d o 0 0 0 0 9 N voi N b N M VI N N eN�f N H {A H to �a -L O G rl N F N M N l�0 N M Oal V � Q Q V 0 N H QY N 2 LL > N C c N W ZW 0 r N D W O O O O O O = N d O O O S S t00 N _ r M 3 14 N � a O o n a N N N Vf 7 � C 3 C � a 'O 1 C y� a O R d � C y 7 n O C C O aj E m C C �p z a (7 n N rr p o0 b D c a � 9 d u 00 N N M 10 VI �n N `_J Iz It N N a o 0 0 0 o m c 8 8 8 8 8 8 8 88 8 8 8 O 0 a o N 0 N 0 N 0 N o N g m _ N N INTI N ON p 8 m O H N N N N N N N = O 8 t0/1 8 N 0 8o 8 8 N 8 N 8 N 8 N 8 N 8 N 8 N p 8O 8 O G 3 c V N N = 0 8 8 8 8 8 8 8 8 8 8 8 8N N O N O O N N — N C O N N N M N O N 8 N N O u N N N d z d p O On p O p O pp O 8 N 7 N N N M X N INYI N N 100 N N N �a O o a Oa = d 8 8 8 8 8 U a N N z a > N m Z W N 7 Y1 = N N 6 O VI O p O p O p O a N N 9 N 14 M N 100 N f011 m a i p J oo O N LL V N YI d C C ; C A = 2 O C > N p a > > o Z > Y } N d • C O n T C O •• C d E C O o L = Jm � ti •C O N m u w d dp a m �o.I J < 3 S. u e e c e Y a 6 E m v a d c c « Z LL� d f E W rj A A u .GA U o C a OD v 0 = d d v 0 V ' � 00 d H 9 d N 3 O M E w b 0 V1 H $ t � d Iz It N Exhibit D 67-37.005(1), F.A.C. [eff. date] CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State -fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. 247 Exhibit D 67-37.005(1), F.A.C. [eff. date] shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring -and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date Eon Attest: (Seal) Chief Elected Official or designee Joseph E. Flescher, BCC Chairman Type Name and Title 2 248 Exhibit E 67-37.005(1), F.A.C. [eff. date] RESOLUTION #: 2020 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES;AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three- year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Indian River County Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and 249 Exhibit E 67-37.005(1), F.A.C. [eff. date] WHEREAS, the Board of County Commissioners finds that it is in the best interest of the Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2017-118, that was approved by the Board on December 5, 2020. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2021-2022, 2022-2023, 2023-2024. Section 2: The Community Development Director, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. Section 3: The County shall utilize up to 10 percent of the local housing distribution plus 5 percent of the program income deposited into the trust fund to administer the program. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Joseph H. Earman Commissioner, Laura Moss 250 Exhibit E 67-37.005(1), F.A.C. [eff. date] The Chairman thereupon declared the resolution duly passed and adopted this day of 2020. Board of County Commissioners of Indian River County Joseph E. Flescher, Chairman ATTEST by: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold County Attorney FACommunity Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\Attachments\2020 Exhibit E.doc 251 EXHIBIT F No change to the Original Ordinance EXHIBIT G No Interlocal Agreement 252 EXHIBIT H STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Indian River County, Florida CHIEF ELECTED OFFICIAL: ADDRESS: SHIP ADMINISTRATOR: ADDRESS: TELEPHONE: EMAIL ADDRESS: ADDITIONAL SHIP CONTACTS: ADDRESS: EMAIL ADDRESS: PLANNER ADDRESS: Joseph E. Flescher, Chairman, Board of County Commissioners 1801 27"' Street, Vero Beach, FL 32960 Bill Schutt, AICP, Chief, Long Range Planning 1801 27"' Street, Vero Beach, FL 32960 (772) 226-1250 FAX: (772) 226-1922 bschutt@irc og v.com Vickie Johnston 1801 27"' Street, Vero Beach, FL 32960 viohnston(a,irc o� v.com Matt Kalap 180127"' Street, Vero Beach, FL 32960 EMAIL ADDRESS: mkalapAirc og v.com INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter -local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000674 MAIL DISBURSEMENT TO: Board of County Commissioners, Indian River ADDRESS: 1801 27h Street, Vero Beach, FL 32960 OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: ❑ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 92277253 253 RESOLUTION #: 2020 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop at least every three -years a Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy within its Local Housing Assistance Plan; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. If it is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible Attachment 3 254 RESOLUTION #: 2020 - municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Indian River County Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of the Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2017-118, that was approved by the Board on December 5, 2017. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approve the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2021-2022, 2022-2023, 2023-2024. Section 2: The Community Development Director, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and perform all necessary and proper tasks to carry out the term and conditions of said program. Section 3: The County shall utilize up to 10 percent of the local housing distribution plus 5 percent of the program income deposited into the trust fund to administer the program. Attachment 3 255 RESOLUTION #: 2020 - Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner and seconded by Commissioner and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Joseph H. Earman Commissioner, Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of 2020. Board of County Commissioners of Indian River County Joseph E. Flescher, Chairman ATTEST by: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Dylan Reingold County Attorney FACommunity Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\LHAP resolution 2020.docx Attachment 3 256 Indian River County A k SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2021-20229 2022-2023, and 2023-2024 Adopted by BCC: December , 2020 Equal Housing Opportunity Approved by FHFC: , 2021 257 Effective: July 1, 2021 Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 7 A. Owner Occupied Rehabilitation Loans 7 B. Purchase Assistance with or without Rehabilitation Loans 9 C. Emergency Repair Loans 10 D. Disaster Mitigation Loans 12 E. Impact Fee / Capacity Charge Loans 13 F. New Construction (Federal or State Programs Matching Loans) 14 Section 111, Incentive Strategies 16 A. Expedited Permitting 16 B. Ongoing Review Process 16 C. Other Incentive Strategies Adopted 17 Section IV, Exhibits 18 A. B. C. D. E. F. G. H. Administrative Budget for 2021-2022, 2022-2023, and 2023-2024 Timeline for Estimated Encumbrance and Expenditure Housing Delivery Goals Charts (HDGC) For 2021-2022, 2022-2023, and 2023-2024 Signed LHAP Certification Signed, Dated, Witnessed or Attested Adopting Resolution Ordinance: No Change to the Original Ordinance Interlocal Agreement: No Interlocal Agreement State Housing Initiatives Partnership (SHIP) Program Information Sheet 258 I. Program Details: A. LG(s) Name of Local Government Indian River County Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) NA B. Purpose of the program: • To meet the housing needs of the very low, low and moderate income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2021-2022, 2022-2023, and 2023-2024 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low-income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants, loans or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders, neighborhood associations, Affordable Housing Advisory Committee, and the Indian River County Affordable Housing Partnership Group. Public input was solicited through the county website and in the advertising of the Local Housing Assistance Plan Notice of Funding Availability in the local newspaper. H. Advertising and Outreach: SHIP funding availability shall be advertised in the Press Journal (the local newspaper of general circulation) and on the county website, at least 30 days before the beginning of the application period. If no funding is available due to a queue list, no notice of funding availability is required. I. Queue List/Priorities: A queue list will be established when applicants apply to the county SHIP program. Those households on the queue list will be contacted by staff when their queue number is reached. The queue list will be maintained with applicants listed in an order that is consistent with the time that their preliminary intake forms were submitted. Queue numbers will F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 259 be assigned based on that order. Adjustments to the queue order may be made to achieve any established funding priorities as described in this plan. Priorities for funding described herein apply to all strategies unless otherwise stated in the strategy. The county will accept preliminary intake forms during the advertised "Application Period". All applicants must complete the SHIP preliminary intake information sheet and submit it to the SHIP office to obtain their queue list number. Once there is a list of eligible applicants, they will be ranked based on the priorities provided below. Ranking Priority: 1. Emergency Loans 2. Special Needs Households (until the program's required percentage has been met) 3. Very low income applicants from local Non-profit Affordable Housing Organizations such as Habitat for Humanity and Every Dream Has a Price 4. Other applicants a. Very low income (until the program's required percentage has been met) b. Low income (until the program's required percentage has been met) C. Moderate income J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include, but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department X Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it - 4 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc .260 is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan in the original amount of $10,000 or less shall not be subject to this annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line -item budget of proposed Administrative Expenditures is attached as Exhibit A. Indian River County finds that the funds deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. " Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350, 000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed b Entity Duties Admin. Fee 261 Percentage Indian River County Administer the program 100% R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (f either meets the above test, they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost not to exceed $2,750.00 to cover inspection services, preparation of work write-ups, and construction inspections performed by non - county employees for rehabilitation projects. Since the county Building Division is set as an enterprise fund, if SHIP utilizes a building inspector, SHIP must reimburse the Building Division for the building inspector's time. For all loans, housing delivery cost will also include but not be limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district, community college, and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. The county will, when economically feasible as determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bathrooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less; b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star qualified refrigerator (for new construction); 4. Energy Star qualified dishwasher (for new construction); 5. Energy Star qualified washing machine (for new construction) if provided in units; 262 6. Energy Star qualified exhaust fans in all bathrooms; and 7. Air conditioning: Minimum SEER of 14 (or higher if required by code). V. The county will inform social service agencies serving the designated special needs populations of available SHIP assistance to achieve the 20% goal of the special needs set- aside. The goals will be met through all loan assistance strategies. W. Describe Efforts to Reduce Homelessness: The Treasure Cost Homeless Services Council (TCHSC) provides continuum of care to the homeless population within Indian River County. County staff works with the TCHSC staff to apply for grants, exchanges information, and provides assistance as needed. TCHSC administers the Homeless Management Information System (HMIS). TCHSC provides shelters, rental and utility assistance, supportive services for veteran families and manages affordable rental properties. X. Total assets (cash or non-cash items that can be converted to cash) not including IRA, Keogh, similar retirement savings accounts, and dedicated college saving accounts of an eligible household applying for SHIP assistance shall not exceed twenty thousand dollars ($20,000.00). Y. The maximum active SHIP loans on any property shall not exceed $60,000, except when utilization of disaster and/or emergency funds are necessary. Section II. LHAP Strategies: A. Owner Occupied Rehabilitation Loans Code 3 a. Summary of Strategy: SHIP funds will be awarded to owner occupied households in need of repairs to correct health and safety issues and code violations related to electrical, plumbing, roofing, windows, and other structural items as well as hurricane hardening activities. A detailed list of rehabilitation work activities allowed or not allowed is included in the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, and moderate d. Maximum award: Very Low and Low Income $60,000* *For rehabilitation loans in conjunction with Purchase Assistance loans, see Strategy B of this LHAP for maximum award allowances. 263 e. Terms 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 10 years (5 years in conjunction with CDBG funding). 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon death of the homeowner, whichever comes first). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence, or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying non-CDBG related homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. 7. Property shall not be eligible to re -apply until after expiration of a 10 year rehab loan, except when utilization of disaster and/or emergency rehabilitation funds are necessary. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h.. Additional Information: All work must be performed by licensed and insured contractors. Applicants applying for rehabilitation assistance loans must also provide a copy of the deed to their home. A complete application and all required documents must be submitted to the SHIP office when an applicant's queue number is reached and contacted by SHIP staff. 264 Other Rehabilitation Loan requirements: Rehabilitation loans shall be provided consistent with the requirements of the County's Minimum Standards for Rehabilitation of Residential Properties document. Rehabilitation loans will not be awarded for rehabilitation work completed prior to the county loan approval. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. Residential Construction Hurricane Mitigation (RCMP): The county will match SHIP funds with My Safe Florida Home Funds for hurricane resistant retrofit improvements to owner occupied site built homes to reduce potential future hurricane damage. If applicable, the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding$294,601 (SHIP program maximum). Applications will be reviewed on first qualified, first served basis. Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans Code 1 a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal reduction to households to purchase an existing home. An existing home must be in need of rehabilitation. Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 265 C. Income Categories to be served: Very -low, low and moderate d. Maximum award: Income Category Purchase Assistance Portion Rehab Portion Max. Total Very Low $20,000 $12000 $329000 Low $15,000 $11,500 $26,500 Moderate $10,000 $11,000 $21000 e. Terms: Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 20 years for Purchase Assistance Portion and 10 Years for Rehabilitation Portion. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy for the Purchase Assistance Portion and 10 years of occupancy for the Rehabilitation Portion. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term (20 years for Purchase Assistance Portion and 10 years for Rehabilitation Assistance Portion): sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. 266 g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mort a e Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original mortgage first mortgage interest amount may be used for closing For other loans up to 2 rate. costs associated with the points allowed refinancing. No cash out to applicant i C. Purchase Assistance without Rehabilitation Loans Code 2 a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal reduction to households to purchase a newly constructed home. A newly constructed home must have received a certificate of occupancy within the last twelve months. Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 Income Categories to be served: Very -low, low and moderate - 11 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 267 d. Maximum award: Very Low: $20,000 Low $15,000 Moderate $10,000 e. Terms: Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 8. Interest Rate: 3% Simple Annual Interest. 9. Years in Loan term: 20 years. 10. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy. 11. Repayment: Not required as long as the loan is in good standing. 12. Default: The loan will be determined to be in default if any of the following occurs during the 20 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: 268 Requirements for a Refinanced First Mortaize Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original mortgage first mortgage interest amount may be used for closing For other loans up to 2 rate. costs associated with the points allowed refinancing. No cash out to applicant D. Emergency Repair Loans Code 6 a. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home related to a dire situation that needs to be mitigated immediately. This includes: damaged roofing that is leaking, damaged windows causing exposure to the elements, or electrical or plumbing, including septic tank problems, that could cause damage (fire) to the home or is an immediate health hazard to the occupants. This strategy may be used in cases where the health department, a jurisdiction's building official, or SHIP administrator utilizing a SHIP inspector's inspection report(s) determined that a home is in such a condition that it jeopardizes the occupant's health and safety. When an applicant is assisted with emergency repairs, they will not lose their place on the queue list. However, the amount of funds expended for the emergency repairs will be counted towards the maximum award if the applicant receives subsequent assistance through the rehabilitation strategy. Funds may also be awarded to pay insurance deductibles for any emergency repairs covered by the homeowner's policy. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $25,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 269 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first- served basis with the priorities as described in Section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: An applicant requesting an emergency repair will be required to: 1. Allow the health department inspector, building department inspector, or rehabilitation specialist to access the home for an inspection to determine the need for the repair. 2. Provide proof of homeowner's insurance policy if it is available, any proof whether or not the insurance will cover any part of the repair, and if applicable, insurance award to be completed prior to SHIP award. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. E. Disaster Mitigation Loans Code S a. Summary of Strategy: Funds will be awarded to applicants in need of home repairs directly caused by a disaster that is declared by an Executive Order of the President or Governor. Repairs will be prioritized as follows: 1. Immediate threats to health and life safety (such as sewage, damaged windows, roofing) in cases where the home is still habitable. 2. Imminent residual damage to the home (such as damage caused by a leaking roof) in cases where the home is still habitable. 3. Repairs necessary to make the home habitable. - 14 - 270 4. Repairs to mitigate dangerous situations (such as exposed wires). b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $30,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 7. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, "first- served basis with the priorities for Special Needs income groups as described in section I of this plan. 1. Proof of homeowner's insurance if available. 2. Must file for and use proceeds from insurance as first option. 3. Must file for FEMA, SBA and other assistance available prior to applying to SHIP. g. Sponsor/Developer Selection Criteria: N/A 271 h. Additional Information: Funds for disaster mitigation will only be allocated from unencumbered funds or additional funds awarded through Florida Housing Finance Corporation for the disaster. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. F. Impact Fee / Capacity Charge Loans Code 8 a. Summary of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very Low, low, moderate (in conjunction with PA loan only) d. Maximum award: $20,000 (current average actual cost range from $4,423 to $10,993) e. Terms: Deferred Payment Loan (DPL); Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. Interest Rate: 3% Simple Annual Interest. Years in loan term: 10 years (5 years in conjunction with CDBG funding). Forgiveness: The entire loan amount and .interest accumulated will be forgiven after 10 years of occupancy (5 years if in conjunction with CDBG funding). Repayment: Not required as long as the loan is in good standing. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term, sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 272 8. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in Section I. g. Additional Information: Impact Fee Capacity Charge loans will be based on actual amount of impact fees/capacity charges charged by the county. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. G. New Construction (Federal or State Programs Matching Loans) Code 21 a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: 2021-2022, 2022-2023, and 2023-2024 C. Income Categories to be served: Very low, low and moderate d. Maximum award: $25,000 per unit, and $100,000 per project. These amounts may be administratively lowered by SHIP staff with Loan Review Committee approval if limited SHIP funds are available (due to a larger waiting/que list than funds available) and/or if a lower award amount will achieve the same point outcome for federal or state housing programs funding for development of rental affordable housing projects. e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate 3% 3. Term 10 years 4. Forgiveness: the entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and state housing program requirements. Repayment: Not required as long as the project is constructed and meets the federal or state housing program requirements for occupancy by very low, low, and/or moderate income households. 273 6. Default: When the assisted housing has changed to a market rate prior to 10 years. In that case, the entire original loan and accumulated interest amount is due and payable. 7. Recipient Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state housing funding application to the appropriate agency to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: a. Capacity and Capability to Carry -out Project b. Scale of Project/Utilization of Density Bonuses c. Experience in Completing Similar Projects d. Use of Personnel from Wages and Workforce Development Programs e. Leveraging f. Site Control g. Neighborhood Compatibility with Area Redevelopment Plan h. Creation of Mixed Income Communities i. Recapture Provisions j. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools k. Incorporation of Transit -Oriented Design 1. Attractiveness of Design in. Multistory Buildings Must Have Elevators and be ADA Compliant n. Use of Green Building Techniques Additional Information: The compliance period for developments receiving SHIP funds as a match for any federal and/or state funds will be consistent with applicable federal and state fund requirements. Monitoring of these developments will be done through the appropriate federal or state programs. Developers receiving assistance from both SHIP and from the Low Income Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, state or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP program requirements. In the event both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C. g. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives - 18 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 274 with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects (Housing Element policies 1.5 and 1.6) - Housing Element Policy 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy 1.6 POLICY 1.6: The County shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval - 5 days; Minor site plan - 5 weeks; Major site plan - 6 weeks; and Special exception approval - 13 weeks. Whenever these review times increase by 150% or more due to the work load of the review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. In 2019, after recommendation from the Affordable Housing Advisory Committee (AHAC), the County revised the permit expediting process to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently in 2020 in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide a copy of the neon green permit expediting form. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption (Housing Element Policy 1.7). - Housing Element Policy 1.7 POLICY 1.7: As part of the adoption process for any county regulations which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated - 19 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 275 to increase the estimated cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. C. Other Incentive Strategies Adopted: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)). 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)). 5. Policies for expedited permit processing (Housing Element policies 1.5 and 1.6). 6. Policy for review of proposed local policies or regulations, which may increase the cost of housing (Housing Element policy 1.7). 7. Inventory of all surplus county owned land (Housing Element policy 2.4). 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4). 9. New single-family housing impact fee reduction/waiver categories added to County impact fee schedule; reducing or eliminating impact fees for certain sized housing units occupied by households with household incomes below 80% of the Area Median Income. 10. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8). 11. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9). 12. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10). 13. Policy for assistance to non-profit organizations to establish CDCs (Housing - 20 - F:\Community Development\SHIP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\2 - 2021-2024 LHAP - 12-1-20 BCC Meeting.doc 276 Element policy 4.11). 14. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12). 15. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13). 16. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). 17. Establishment of a Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance program, Local Housing Assistance plan, Housing Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1). IV. EXHIBITS: A. Administrative Budget for 2021-2022, 2022-2023, and 2023-2024 B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Charts (HDGC) For 2021-2022, 2022-2023, and 2023-2024 D. Signed LHAP Certification E. Signed, Dated, Witnessed or Attested Adopting Resolution F. Ordinance: No Change to the Original Ordinance G. Interlocal Agreement: No Interlocal Agreement H. State Housing Initiatives Partnership (SHIP) Program Information Sheet 277 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Indian River Cou Exhibit A Fiscal Year: 2021-2022 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK Fiscal Year 2022-2023 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK Fiscal Year 2023-2024 Estimated SHIP Funds for Fiscal Year: $ 358,231.00 Salaries and Benefits $ 25,823.10 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 5,000.00 Total $ 35,823.10 Admin % 10.00% OK *All 'other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: Other = Professional Services. There will also be additional administrative income from SHIP program loan repayments and interest earned (not included in the above numbers). 278 [eff. date] Exhibit 6 Timeline for SHIP Expenditures Indian River County affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended 11t Year AR 2nd Year AR Closeout AR 2021-2022 6/30/2023 6/30/2024 9/15/2022 9/15/2023 9/15/2024 2022-2023 6/30/2024 6/30/2025 9/15/2023 9/15/2024 9/15/2025 2023-2024 6/30/2025 6/30/2026 9/15/2024 9/15/2025 9/15/2026 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Encumbered Funds Not Expended 1" Year AR Not Submitted 2nd Year AR Not Submitted Closeout AR Not Submitted 2021-2022 3/30/2023 3/30/2024 6/15/2022 6/15/2023 6/15/2024 2022-2023 3/30/2024 3/30/2025 6/15/2023 6/15/2024 6/15/2025 2023-2024 1 3/30/2025 1 3/30/2026 1 6/15/2024 1 6/15/2025 6/15/2026 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff@floridahousing.org and terry.auringer@floridahousing.org and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (lune 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email terry.ouringer@floridahousing.org when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are due for each local government the same year as the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. 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[eff. date] CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. 283 Exhibit D 67-37.005(1), F.A.C. [eff. date] shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date N' Attest: (Seal) Chief Elected Official or designee E. Flescher, BCC Chairman Type Name and Title 2 284 Exhibit E 67-37.005(1), F.A.C. [eff. date] RESOLUTION #: 2020 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES;AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative.Code, requires local governments to develop a one- to three- year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the local housing t distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Indian River County Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WIR Exhibit E 67-37.005(1), F.A.C. [eff. date] WHEREAS, the Board of County Commissioners finds that it is in the best interest of the Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2017-118, that was approved by the Board on December 5, 2020. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2021-2022, 2022-2023, 2023-2024. Section 2: The Community Development Director, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. Section 3: The County shall utilize up to 10 percent of the local housing distribution plus 5 percent of the program income deposited into the trust fund to administer the program. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Joseph H. Earman Commissioner, Laura Moss 286 Exhibit E 67-37.005(1), F.A.C. [eff. date] The Chairman thereupon declared the resolution duly passed and adopted this day of 2020. Board of County Commissioners of Indian River County LM Joseph E. Flescher, Chairman ATTEST by: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY MM Dylan Reingold County Attorney FACommunity Development\MP\LHAP\2021-2024 LHAP\2020 LHAP Revisions\BCC Item - LHAP\Attachments\2020 Exhibit E.doc 287 EXHIBIT F No change to the Original Ordinance EXHIBIT G No Interlocal Agreement EXHIBIT H STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Indian River County, Florida CHIEF ELECTED OFFICIAL: Joseph E. Flescher, Chairman, ADDRESS: SHIP ADMINISTRATOR: ADDRESS: TELEPHONE: EMAIL ADDRESS: ADDITIONAL SHIP CONTACTS: ADDRESS: EMAIL ADDRESS: PLANNER ADDRESS: Board of County Commissioners 1801 27b Street, Vero Beach, FL 32960 Bill Schutt, AICP, Chief, Long Range Planning 1801 27`'' Street, Vero Beach, FL 32960 (772) 226-1250 FAX: (772) 226-1922 bschutt@ircgov.com Vickie. Johnston 1801 27th Street, Vero Beach, FL 32960 vj ohnstonAircgov.com Matt Kalap 180127"' Street, Vero Beach, FL 32960 EMAIL ADDRESS: mkalap(a,ircgov.com INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter -local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000674 MAIL DISBURSEMENT TO: Board of County Commissioners, Indian River ADDRESS: 1801 27a' Street, Vero Beach, FL 32960 OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: ❑ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 289 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) . All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The L14AP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified -depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. 290 (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend. beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date No Attest: (Seal) Chief Elected Official or designee Joseph E. Flescher, BCC Chairman Type Name and Title 291 Portion of Approved August 26, 2020 Affordable Housing Advisory Committee. Meeting Minutes Mr. Landers moved to approve the recommendations and schedule the October public hearing before the AHAC. Ms. Moss seconded the motion. The motion passed unanimously. 6. Consideration of Revised Indian River County Local Housinq Assistance Plan for Fiscal Years 2021-2022 2022-2023 and 2023-2024 Mr. Schutt began the staff report. He noted that this plan corresponds with the AHAC incentive report. He advised that the. County's State Housing Initiatives Partnership program (SHIP) established a funding source that has some minimum set aside requirements, such as 65% of funds set aside for home ownership, 75% for construction rehabilitation or emergency repair, 30% for very low income persons and 20% for individuals with special needs. He advised that the County submits these plans every three years and the current plan is in place until June 30, 2021; the County has until May, 2021 to submit next year's plan. Mr. Schutt advised that the Proposed 2021 County Low Housing Assistance Plan (LHAP) provides assistance to eligible household, including home acquisition, minor and major rehab and emergency rehab. He explained that reviews the application, loans the funds and places a mortgage on the property; if the property owner sells, the funds return as program income. He reported that for Fiscal Year 20-21, $1.6 million was initially approved by the State; however, the budget was vetoed by the Governor and the County will not receive those funds and .it is uncertain as to whether the funds will be allocated in the future. Mr. Schutt displayed a chart that depicted funding throughout the years and explained that there are some funds remaining to be spent and there is a backlog of applicants seeking rehabilitation funding. Mr. Schutt stated that staff is suggesting that the AHAC consider modifying the plan. He offered some suggestions: perhaps when repeat applications are received, the County may want to consider that a limitation be placed, such as not being able to apply again for five years after expiration of a ten year rehab loan; separating the levels for purchase assistance for clarity; providing clarification of the years for loan forgiveness; and while the current LHAP includes funding levels to assist developers of low income housing projects, the amounts need to be clarified in order to not exhaust all funding for one project. Mr. Schutt also suggested increasing the emergency repair loans from $20,000 to $25,000. Mr. Schutt asked the Committee to consider the LHAP and provide input, with the final review to be held at the October meeting. He explained the document would then be transmitted to the BCC for approval. Chairwoman Price asked, with regard to re -applying for loans, how the County tracks the time for loan forgiveness, particularly with regard to repeat applications. Mr. Schutt replied that the time frame is included in the mortgage documents. Chairwoman Price suggested increasing the time frame for re-application to ten years (currently five years), as more individuals would be able to apply for new loans if funds weren't exhausted due to repeat applicants. Mr. Gilliams asked if repeat applicants have caused difficulties in the past. Mr. Schutt stated that there is a maximum threshold that an applicant can seek. He explained that a roof leak or broken air conditioning unit may constitute an emergency, and the time frame would not apply; however, if someone uses $40,000 on major rehabilitation on their home, they can return for more funds while new applicants are waiting. Page 5 of 7 Minutes of the Affordable Housing Advisory Committee Meeting of August 26, 2020 292 Attachment 5 Ms. Kendall stated that the mortgage lender may not allow additional liens on a property regardless. Mr. Schutt explained that the County loan is often a second or third position loan. Mr. Gilliam added that the first lender would be pleased that someone is improving their property, as it increases the value. Chairwoman Price asked if someone would be able to be provided various types of loans. Mr. Schutt stated that if is possible. Chairwoman Price suggested that a cap should be considered — with a property owner only being permitted to have one type of loan. Mr. Schutt suggested that.emergency. rehabilitation loans (only $10,000) should be exempt from the cap. Mr. Landers stated that disaster loans should also be exempt. Mr. Myers asked if there is evidence that homeowners are abusing this program. He suggested that the process is first come -first served and the County should be encouraging people to improve their homes. Chairwoman Price stated that she was aware of a homeowner that received a rehab loan and then when the money was spent, they wanted additional funding. She stated that Habitat provided the original loan to build the house, then received rehab loans, and then wanted more funds. Mr. Myers remarked that if someone qualifies for the assistance, the County should not try to hinder the homeowner. Chairwoman Price remarked that there are others in need; perhaps priority should be given to someone who has not received funds in the past. She stated that if someone has already received $50,000, she believes that waiting ten years until they are provided another $50,000 is reasonable. Mr. Myers stated . that holding funds until someone comes along does not seem appropriate. Chairwoman Price asserted that there is a long waiting list for people who are need assistance. Mr. Landers asked how someone is able to move up on the waiting list. Mr. Schutt stated that there are various factors that provide priority, such as a medical disability, very -low income, etc. Chairwoman Price asked Mr. Schutt to return with options for providing a cap. Mr. Gilliams moved to have Mr. Schutt return to the AHAC with options and a revised draft plan. Seconded by Chairwoman Price. All voted in favor. 7. Update on CARES funding Mr. Schutt provided an update regarding the funds to be provided through the Coronavirus Aid, Relief, and Economic Security (CARES) funding. He explained that the BCC has approved an agreement for approximately $500,000 in funding to assist those negatively economically impacted by the coronavirus. He stated that homeowners impacted as of March 1 sl can submit applications to request funding for rent and mortgage payments for up to three months (up to $1,500 per month). He advised that the County would make payments to the lender or landlord under an agreement that foreclosure action and eviction process would not begin while the County is providing payment.. Mr. Schutt explained that only those that can show hardship due to Covid-19 would be eligible. He stated that the information will be provided via the County's website in the near future.. Ms. Kendall asked how much funding is available. Mr. Schutt replied that $572,000 has been received for the first round of funding and there could be a possible second round of approximately $200,000 to $300,000. Page 6 of 7 Minutes of the Affordable Housing Advisory Committee Meeting of August 26, 2020 293 Attachment 5 AFFORDABLE HOUSING ADVISORY COMMITTEE A meeting of the Indian River County Affordable Housing Advisory Committee (AHAC) was held on October 28, 2020, at 9:00 AM via Zoom videoconferencing and also live in the Commissioner Chambers of the County Administration Building A, 1801 27"' Street, Vero Beach, Florida. An audio recording can be found at http://www.ircgov.com/Boards/AHAC/2020.htm. Members Present Julianne Price, President, Every Dream Has a Price, Chairperson Sheryl Vittitoe, President, Habitat for Humanity, Vice Chairperson (late arrival) Mark Mathes, City of Fellsmere (late arrival) Linda Morgan, Progressive Civic League, Small Business Owner (late arrival) Laura Moss, Councilmember, City of Vero Beach David Myers II, Mortgage Industry Christopher Nunn, City of Sebastian Mark Seeberg, Real Estate Professional in Connection with Affordable Housing Tom Slater, Town of Indian River Shores Bob Solari, Board of County Commissioners (BCC) Liaison Members Absent Kenneth "Chip" Landers, Local Planning & Zoning Agency IRC Staff/Officials Present Jason Brown, Indian River County Administrator Matt Kalap, Community Development Phil Matson, Chief, Community Development Bill Schutt, Chief, Long -Range Planning Ed Offutt, Commissioner Assistant, Recording Secretary Call to Order (9:00 AM) Chairperson Price called the meeting to order and noted that a quorum was present. Approval of Minutes from August 26, 2020 (9:00 AM) ON MOTION BY Mr. Nunn, SECONDED BY Mr. Seeburg, the members voted unanimously (7-0) to approve the minutes of August 26, 2020, as presented. (Ms. Vittitoe, Mr. Mathes, and Ms. Morgan arrived late to the meeting.) Consideration of the 2020 AHAC Report (Public Hearing) (B. Schutt) (9:01 AM) Mr. Schutt presented the AHAC 2020 Incentives Review and Recommendation Report to the committee. (See Attachment 1 for the details of Mr. Schutt's presentation.) Upon completion, Chairperson Price opened the public hearing for comments; as there were none, she closed the public hearing. There were no comments from the committee, so Chairperson Price asked for a motion to approve. 294 (9:04 AM) Ms. Vittitoe and Ms. Morgan arrived at the meeting, followed about a minute later by Mr. Mathes. (9:00 AM) ON MOTION BY Commissioner Solari, SECONDED BY Mr. Slater, the committee voted to unanimously approve (10-0) the AHAC 2020 Incentives Review and Recommendation Report. Consideration of Revised IRC Local Housing Assistance Plan for Fiscal Years 2021-22, 2022-23, and 2023-24 (B. Schutt) (9:12 AM) Mr. Schutt next briefed the committee on the proposed Local Housing Assistance Plan (LHAP) for Fiscal Years 2021-22, 2022-23, and 2023-24. (See Attachment 2 for the details of Mr. Schutt's presentation.) Mr. Slater proposed that the Board of County Commissioners (BCC) seek other funding outside of the State Housing Initiatives Partnership (SHIP), noting that the state routinely "sweeps" these funds to fill other budget needs. Mr. Mathes questioned the prescribed waiting period between applications, the project cost limits, and the number of opportunities to apply for benefits, observing that one could put together potential combinations of these that would seem to either treat applicants unjustly or undermine previous program investments. (9:42 AM) Mils. Morgan departed the meeting. (9:42 AM) Mr. Myers asked about "essential service personnel," wondering if the definition only applied to credentialled healthcare workers. Formulating an example case, he asserted that many people who might not be considered essential healthcare workers, such as hospital kitchen employees and cleaning staff, would in fact be the only healthcare workers that qualified for SHIP. Mr. Mathes expressed concern that a system might be created that bypassed "very low income" applicants in favor of "low income" applicants that meet the definition of essential service personnel. Mr. Schutt, however, pointed out that while the term is defined in the document, such data is not currently used in prioritizing applications. Chairperson Price noted that she was not sensing a consensus about adding an applicant's status as "essential service personnel" as a criterion for adjusting the order of execution, remarking that the most critical differentiator is typically the order in which applications are received. Mr. Mathes suggested that essential utility and public works government employees be specifically added to the definition. (10:03 AM) Chairperson Price then returned to the prescribed waiting period between applications, the project cost limits, and the number of opportunities to apply for benefits; she particularly questioned the wisdom of limiting SHIP support to two events in a resident's lifetime. Mr. Mathes concurred, specifying that some residents have lived in Fellsmere for over 70 years, and in that time would certainly require more than one home rehabilitation. Mr. Slater expressed dislike for rules that set absolute limits, instead advocating for more leeway in decision-making. Commissioner Solari favored a ten-year waiting period, but no limitations on the number of applications in a person's lifetime or the number of rehabilitations associated with a particular home. (10:14 AM) Chairperson Price lamented those potential situations where a resident in serious need of funding could be skipped over in favor of another who had not previously applied. In response to similar questions from several AHAC members, Mr. Schutt advised that the county does have a "pool" of needy residents, since there are more applicants than funds available; he explained that emergency applications (collapsing roofs, for.example) are considered separately and are funded first. (9:00 AM) ON MOTION BY Mr. Mathes, seconded by Mr. Myers, the committee voted to unanimously approve (9-0) the changes to the Local Housing Assistance Plan for 295 Fiscal Years 2021-22, 2022-23, and 2023-24, as proposed in Attachment 2, with the inclusion of "essential utility and public works government employees" to the Essential Service Personnel definition. (10:26 AM) Chairperson Price took a moment to recognize Commissioner Solari for his service to the AHAC and formally welcomed the newest member, Mr. Nunn. She advised that a notice would be sent out in advance of the next meeting. Adjournment (10:27 AM) As there was no additional business, Chairperson Price adjourned the meeting. Attachments Attachment 1 — Review of AHAC 2020 Incentives Review and Recommendation Report (B. Schutt) Attachment 2 — Consideration of Revised IRC Local Housing Assistance Plan for Fiscal Years 2021-22, 2022-23, and 2023-24 (B. Schutt) 296 C6'M INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM DEPARTMENT OF GENERAL SERVICES Parks, Recreation and Conservation Resources Date: November 9, 2020 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Jones' Pier Conservation Area Public Use Improvements — Federally Funded Subaward and Grant Agreement, Project Number 4283-91-R, Agreement Number H0566 A Hazard Mitigation Grant Program (HMGP) grant application (DR -4283 Hurricane Matthew; 4283- 91-R Indian River County 1920s Bungalow) was completed to elevate the main Jones that was damaged during Hurricane Matthew in 2016. On August 13, 2019, the Board of County Commissioners approved a pre -award grant agreement and Work Order Number 1 to Donadio & Associates, P.A. to complete architectural and engineering design to elevate the house. The Board further authorized staff to execute the HMGP Pre -Award Cost Request Form for the HMGP Funding. The architectural and engineering plans have been completed and were reviewed and approved by the Florida Department of Emergency Management. Thus, the project has been approved and a cost - reimbursement sub award and grant agreement has been provided to complete the project. This grant provides cost -reimbursement for up to 75%, currently projected to be $59,235.75. Upon the grant contract approval, staff will engage with the Purchasing Division to begin the bidding process. FUNDING The grant match will be funded through Optional Sales Tax as identified in the Capital Improvement Element of the Comprehensive Plan adopted on December 3, 2019. The estimated funding summary shown is based on the application for the HMGP funding. Once the project has been bid, actual funding required to complete the work will be provided. Desc'ri' tion:Accountll Nummber:' `Amount:; Optional Sales 31521072-066510-18010 $19,745.25* Tax/Parks/Jones Pier Improvements *Estimated 25% match; actual funding required to complete the work will be provided once the project has been bid. 297 STAFF RECOMMENDATION Staff recommends the Board approve and execute the Federally Funded Subaward and Grant Agreement, Project Number 4283-91-R, Agreement Number H0566. ATTACHMENTS • Attachment A —Federally Funded Subaward and Grant Agreement, Project Number 4283- 91-R, Agreement Number H0566 • Attachment B — Indian River County Grant Form 298 DIVISION OF Ron DeSantis Governor '+n re .e'. STATE OF FLORIDA EMERGENCY MANAGEMENT SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU Jared Moskowitz Director REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT: Indian River County PROJECT #: 4283-91-R PROJECT TITLE: Indian River County, 1920s Bungalow, Elevation Project CONTRACT #: H0566 MODIFICATION #: I NA SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT Beth Powell, Assistant Director Indian River County 5500 771h Street Vero Beach, Florida 32967 Enclosed is your copy of the proposed contract between the Indian River County and the Florida Division of Emergency Management (FDEM). COMPLETE This form is required to be included with all Reviews, Approvals, and Submittals One (1) Copies printed for Approval Printed Single -sided (If your policy is to copy two-sided please contact me and I will send you one original one-sided copies for signature ® Reviewed and Approved ® Signed and Dated by Official Representative (blue ink ® opy of the organization's resolution or charter that specifically identifies the erson or position that is authorized to sign, if not Chairman, Mayor, or Chief ® ttachment I — Federal Funding Accountability and Transparency Act (FFATA} om leted, signed, and dated N/A for Modifications)_ ® One signed and dated Original mailed to FDEM — Tallahassee or ne Original igned electronically and emailed to Grants Specialist. Florida Division of Emergency Management Mitigation Bureau — HMGP 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Attention — Grant Specialist — Veronica S. Ash, FCCM, Office 330-B Email: Veronica.ash@em.m florida.cord If you have any questions regarding this contract, or who is authorized to sign it. Please contact your Project Manager at 850-815-4570 or via email at Holly. swifta-em.myflorida.com. DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE JVVER 2555 Shumard Oak Boulevard www.FloridaDisaster.oro 2702 Directors Row `Jy Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Agreement Number: H0666 Project Number: 4283-91-R FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT. 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal.award" means "Federal financial assistance that anon - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331 a 1): Sub -Recipient's name: INDIAN RIVER COUNTY Sub -Recipient's unique entity identifier: Federal Award Identification Number FAIN Federal Award Date: Subaward Period of Performance Start and End Date Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub Recipient by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 59-6000674 FEMA -DR -4283 -FL October 14, 2020 Upon execution through April 6, 2021 $59,235.75 $59,235:75 $59,235.75 Elevation Project Federal Emergency Management. Agency FL Division of Emergency Management Holly. swiftCcDem. myflorida. com 97.039 Hazard Mitigation Grant Program N/A N/A 300 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: 1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. 2) LAWS RULES REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by. Section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 301 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and. conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 3) CONTACT a. In accordance with section: 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Holly M. Swift, FCCM Project Manager Bureau of Mitigation Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 Telephone: 850-815-4570 Email: Holly. swiftCcDem.myflorida.com The Division's Alternate Grant Manager for this Agreement is: Kathleen Marshall Community Program Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: 850-815-4503 Email: Kathleen.Marshall@em.myflorida.com 1. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: 302 Beth Powell, Assistant Director Indian River County 5500 7711 Street Vero Beach, Florida 32967 Telephone: 772-226-1873 Email: bpowell@ircgov.com 2. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original.. 6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 7) SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. 8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on April 6, 2021, unless terminated earlier in accordance with the provisions of Paragraph 17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carryout the work authorized under" this Agreement. In accordance with 2 C.F.R.:§200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred. during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. 9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. 303 b. The State of Florida's performance and—obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $59,235.75.. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).- e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1 b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation. paid to employees during periods of authorized absences from the job, 304 such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061 6 b , Florida Statutes ($6 for breakfast, $11 for lunch,.and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971 2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible parry, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10 RECORDS a. As required by 2 C.F.R. 5200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel. for the purpose of 305 interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331 a 5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of. submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. Records for program income transactions after the period of performance. In some cases recipients. must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit.rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. 306 e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records. are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subjectto.open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become 307 public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all. program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11 AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government. auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable. 308 provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle—Audit@em.myflodda.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: hftp-.//harvester.census.gov/fac/`collect/ddeinddx.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle—Audit@em,.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12 REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,.June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. 309 e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13 MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within -the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14 LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 310 (15 DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep.or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16 REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty 30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3 herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies. used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 311 iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17 TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures.for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement: by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18 PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited 312 to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318 b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. The Sub -Recipient agrees to include in the subcontract that i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. e. As required by 2 C.F.R. §20.0.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." f. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; i. Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer v. Authorize, condone, or ignore organizational conflicts of interest; Vi. Specify only a brand name product without allowing vendors to offer an Vii. Specify a brand name product instead of describing the performance,. specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. 313 g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. h. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057 1)(a), Florida Statutes. i. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1 b), Florida Statutes. j. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). k. If the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall review its competitive solicitation and subsequent contract to be awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.326 and required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub -Recipient publishes a competitive solicitation or executes a contract.that is not in compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.326 or the requirements of Appendix II to 2 C.F.R. Part 200, then the Sub -Recipient is on notice that the Division may: paragraph (13) above; or, solicitation. Terminate this Agreement in accordance with.the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that I. FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.326 and required contract provisions in Appendix II to 2 C.F.R. Part 200.. These resources are generally available at https://www.fema.gov/brocurement-disaster-assistance-team. (19 ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments; the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work 314 iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act A. Attachment J — Mandatory Contract Provisions xii. Attachment K — Certification Regarding Lobbying (20 PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipients quarterly reporting as referenced in Paragraph (1.2) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21 REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 315 b. In accordance with Section 215.34(2),. Florida Statutes, if a check or other draft is returned to the Division.for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22 MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any.actions arising out of this.Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees. to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg. , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list, f. Any Sub -Recipient which is not a local government or, state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals or affiliates: Are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or agency; 316 ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. h. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow publicaccess to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. i. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation .to pay the contract amount. j. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a a [Section 274A e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. k. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5.years from the date of purchase or the completion of the improvements or as further required by law. I. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5); F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the 317 Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23 LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or. attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all. Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24 COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY 318 RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida: c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain:a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25 LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26 EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in 319 part with funds obtained from the. Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for. employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation; proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 320 vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contractor with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders.of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved. in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant: so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted 321 construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,. guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice.for appropriate legal proceedings. (27 COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28 CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide 322 that no laborer or mechanic must. be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles. ordinarily available on the open market, or contracts for transportation. (29 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency EPA). (30 SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 .C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31 BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or 323 organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. If this subgrant agreement amount is $100,000 or more, the Sub -Recipient, and subcontractors as applicable, shall sign Attachment K — Certification Regarding Lobbying. (32 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority.businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities. to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out.and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. 324 d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller -components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33 ASSURANCES The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 325 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Name and:title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz Director Date: 326 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 59,235.75 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Elevation of flood prone structures • Other projects that reduce future disaster losses 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 327 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to elevate historical property in Vero Beach, Indian River County, Florida, funded through the Hazard Mitigation Grant Program HMGP) DR -4283-91-R, as approved by the Florida Division of Emergency Management Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Indian River County, .agrees to administer and complete the project per the application submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to elevate a historic single- family residence, located at 7770 Jungle Trail, Vero Beach, Florida, 32963. Coordinates: (27.73482, -80.39329). The proposed project shall ensure that the structure will be elevated one foot above the Base Flood Elevation (7' NAVD 88). A new foundation system consisting of concrete pads and piers shall be constructed to support the structure. Any enclosed space at grade level shall have hydrostatic vents and can only be used for storage or parking, in compliance with the Florida Building Code and/or local floodplain ordinances or any other applicable local regulations. The project shall provide protection against a 100 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete.the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per conceptual designs and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. 328 The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide flood protection. The project shall be implemented in accordance with conceptual designs and construction plans previously presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are. followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The. official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any.. Additional documentation for closeout shall include: a) Local Building Official Building Permit. b) A Copy of the Certificate of Occupancy or copy of the Local Building Official Inspection Report and Final Approval, as applicable. 1. Certifying that the structure is code -compliant. c) A Copy of the Elevation Certificate before mitigation, as applicable. d) A Copy of the Final Elevation Certificate (FEMA Form 81-31), after mitigation — ensuring the structure has been elevated to the proper elevation. e) All Product Specification / Data Sheets (technical standards) satisfying protective requirements on all products utilized. f) Signed notices from the affected property owner in the Special Flood Hazard Area (SFHA) that the Sub -Recipient shall record a Deed Notice applicable to their property, as described in section (h), below, and that they shall maintain flood insurance. 329 g) Verification that the property located within a SFNA is covered by an NFIP flood insurance policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. h) Confirmation that the Sub -Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal Hazard Mitigation Assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances." Archeological Materials — Project affects undisturbed ground — potential for presence of archeological resources. Projects that involve groundbreaking shall need written verification from the Sub -Recipient that no archeological materials, were discovered during project construction. j) Verification letter certifying that work followed the Secretary of the Interior's Standards for Rehabilitation as codified in 36 CFR 67.7. (Foundation screening via picket will be placed at the bottom of the house in replica of the existing picket, New foundation piers will mimic existing with use of concrete/CMU, New front steps will mimic existing concrete stairs, Appropriate foundation plantings native to the area and reminiscent of those found at historic homesteads to include hibiscus and other similar shrubs) shall be included. k) Permit(s) and verification of compliance; if no permit was needed — a letter stating, "No permit required". 1) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs federal share and local share) related to the project. In some cases, not all project activities may be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure. invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for 330 each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub - Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, conceptual designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of the elevation of a structure in Vero Beach, Florida, to include the construction of a new foundation system consisting of concrete pads and piers to support the structure and provide protection to a historic single family residence. The project shall provide protection against a 100 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and a copy of the Certificate of Occupancy or any local official Inspection Report and/or Final Approval, as applicable. 3) The. Sub -Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if available. 4) The Sub -Recipient shall submit a copy of the Elevation Certificate prepared after mitigation, showing the Base Flood Elevation and the elevation of all components. 331 5) The Sub -Recipient shall submit all Product Specifications 1 Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 6) All installations shall be done in strict compliance with the Florida. Building Code or any local codes and ordinances. All materials shall be certified to exceed the wind and impact standards of the current local codes. 7) The Sub -Recipient shall follow all applicable State, Local and Federal Laws; Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 8) The Sub -Recipient shall submit a certified letter of completion from Engineer of Record. The Sub - Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies shall be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground -disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub -Recipient.. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) Special Conditions required on implementation of projects: a) All work must follow the Secretary of the Interior's Standards for Rehabilitation as codified in 36 CFR 67.7. 332 b) Foundation screening via picket will be placed at the bottom of the house in replica of the existing picket. c) New foundation piers will mimic existing with use of concrete/CMU. d) New front steps will mimic existing concrete stairs. e) Appropriate foundation plantings native to the area and reminiscent of those found at historic homesteads (to include hibiscus or other similar shrubs) will be included. 5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, Sub -Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 6) If any asbestos containing material, lead based paint, and/or other toxic materials are found during construction activities, the Sub -Recipient must comply with all federal, state and local abatement and disposal requirements. Upon closeout, the Sub -Recipient must provide Notice of Demolition or Asbestos Renovation forms and confirmation that any asbestos containing materials were taken to an authorized landfill for such materials. 7) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and. FEMA. 4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of .Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy 70) days prior to the expiration date, for Division processing to FEMA. 5) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) Verification of Flood Insurance, submitted to the Division for Closeout. 8) Special Conditions required on implementation of Project per National Historic Preservation Act (NHPA): a) All work must follow the Secretary of the Interior's Standards for Rehabilitation as codified in 36 CFR 67.7. 333 b). -Foundation screening via picket will be placed at the bottom of the house in replica of the existing picket. c) New foundation piers will mimic existing with use of concrete/CMU. d) New front steps will mimic existing concrete stairs. e) Appropriate foundation plantings native to the area and reminiscent of those found at historic homesteads (to include hibiscus or other similar shrubs) will be included. f) If human remains or intact archaeological features or deposits (e.g. arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery will stop immediately and all reasonable measures to avoid or minimize harm to the finds will be taken. The Sub -Recipient will ensure that archaeological discoveries are secured in place, that access to the -sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub - Recipient's contractor will provide immediate notice of such discoveries to the Sub - Recipient; The Sub -Recipient shall contact the Florida Division of Historic Resources and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA has completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 9) Special Conditions required on implementation of Project (per Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA): a) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, Sub -Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. b) If any asbestos containing material, lead based paint, and/or other toxic materials are found during construction activities, the Sub -Recipient must comply with all federal, state and local abatement and disposal requirements. Upon closeout, the Sub - Recipient must provide Notice of Demolition or Asbestos Renovation forms and confirmation that any asbestos containing materials were taken to an authorized landfill for such materials. This is FEMA project number 4283-91 -R. It is funded under HMGP, FEMA -4283 -DR -FL and must adhere to all program .guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4283. FEMA awarded this project on October 14, 2020; with a Pre -Award date of July 1 2019; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on April 6, 2021. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances:. 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient; 334 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State and Local Contracting: 1 Month Construction Plan/Technical Specifications: 1 Month Bidding: 1 Month Construction: 1 Month Final Inspections: 1 Month Closeout Compliance. 1 Month Total Period of Performance: 6 Months BUDGET Line Item Budget* Initial Agreement Amount: Project Cost Federal Share Non -Federal Share Materials*: $56,200.00 $42,150.00 $14,050.00 Labor`: $14,081.00 $10,560.75 $3,520.25 Fees": $0.00 $0.00 $0.00 Pre -Award: $8,700.00 $6,525.00 $2,175.00 Initial Agreement Amount: $78,981.00 $59,235.75 $19,745.25 ***Contingency Funds: 1$0.00 $0.00 $0.00 Project Total: $78,981.00 $59,235.75 $19,745.25 Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. **This project has a Pre -Award, approved by FEMA in the amount of $8,700. 00 project costs with a start date of July 1, 2019. ***This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00 Funding Summary Federal Share: $59,235.75 75.00% Non -Federal Share' $19,745.25 25.00% Total Project Cost: $78,981.00 100.00% 335 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: 1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; 2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; 3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; 4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and 5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this. Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part Il, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. 1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 336 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or 3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure;. 4) After the date of the acquisition or relocation no application for disaster assistahce.for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner; fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: 1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c));. 2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and 3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be. submitted to FEMA sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 3) Section 1352, Title 31, US Code 4) Chapter 473, Florida Statutes 5) Chapter 215, Florida Statutes 6) Section 768.28, Florida Statutes 7) Chapter 119, Florida Statutes 8) Section 216.181(6 , Florida Statutes 9) Cash Management Improvement Act of 1990 10) American with Disabilities Act 11) Section 112.061, Florida Statutes 12) Immigration and Nationality Act 13) Section 286.011, Florida Statutes 337 (14) 2 CFR, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal Awards (15 Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 16) Title f of the Omnibus Crime Control and Safe Streets Act of 1968 17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18 Omnibus Crime Control and Safe Streets Act of 1968, as amended 19) Victims of Crime Act (as appropriate) (20 Section 504 of the Rehabilitation Act of 1973, as amended 21) Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990) 22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23 42 U.S.C. 5154a 338 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of .Emergency Management (DEM , including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with .the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; e) It will comply with: 1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and 2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. f) It will comply with 1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and. the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national. origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 339 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; 2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; 3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated. by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes, h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed.or assisted construction activities; i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) Which limits the political activities of employees; j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm k) It will require every building or facility. (other than a privately owned residential structure designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: 1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and 340 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. 3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. 4). When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary. of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. 5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. 6) The Sub -recipient. shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed. property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all 341 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work.necessary to implement recommendations to address the project and the property. 7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. m) It will comply with applicable provisions of the following laws and policies prohibiting discrimination: : 1) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (including limited English proficiency). 2) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. 3) Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. 4) Age Discrimination Act of 1975, which prohibits discrimination based on age. 5) U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686 which prohibits discrimination on the basis of sex; o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; P) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42.U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; S) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; t) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; U) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; V) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 W) It will comply with the endangered Species Act of 1973,16 U.S.C. 1531-1544; 342 W It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; Y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; Z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice ; gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. jj) With respect to demolition activities, it will: 1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2) Return the property to its natural state as though no improvements had ever been contained thereon. 3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present 343 (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6) Leave the demolished site clean, level and free of debris. 7). Notify the Division promptly of any unusual existing condition which hampers the contractor's work. 8) Obtain all required permits. 9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed. along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10 Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued :in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11 Comply with all applicable standards, orders, or requirements issued. under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S,C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12 Provide documentation of public notices for demolition activities. 344 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: INDIAN RIVER COUNTY REMIT ADDRESS: CITY: STATE: ZIP CODE: PROJECT TYPE: Elevation PROJECT #: 4283-91-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0566 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: To Payment #: Eligible Amount Obligated Federal Obligated Non- Division Use Only 100% Amount Federal Current Request) 75.00% 25.00% Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for.the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME / TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 345 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: INDIAN RIVER COUNTY PAYMENT #: PROJECT TYPE: Elevation PROJECT* 4283-91-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0566 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) ' List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 47 346 REF NO2 DATE DOCUMENTATION (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) ' List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 47 346 Attachment.E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: INDIAN RIVER COUNTY If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration. For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION For each line item, provide a detailed justification explaining.the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 347 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within fifteen (15) days of each quarter's end date. SUB -RECIPIENT: INNAN RIVER COUNTY PROJECT M 4283-91-R PROJECT TYPE: Elevation CONTRACT M H0666 PROGRAM: Hazard Mitigation Grant. Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change: Jul -Sep 20_ $ Oct -Dec 20_ $ Jan -Mar 20_ $ Apr -Jun 20_ $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, please describe under Issues below) Percentage of Work Completed (may be confirmed by state inspectors: % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE. Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone: - To be completed by Division staff - Date Reviewed: Reviewer: Actions: 49 348 Attachment G Warranties and Representations. Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards 2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM. Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 349 Attachment ,H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date Indian River County Sub -Recipient's Name H0566 DEM Contract Number 4283-91-R FEMA Project Number 350 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first-tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4283-91-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 59,235.75 OBLIGATION/ACTION DATE: October 14, 2020 SUBAWARD DATE if applicable: DUNS#: 079208989 DUNS# +4: 52 351 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform . The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME IF APPLICABLE : PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS# (if applicable.): CATALOG OF FEDERAL DOMESTIC ASSISTANCE CFDA# : DESCRIPTION OF PROJECT Up to 4000 Characters As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to elevate a historic single- family residence, located at 7770 Jungle Trail, Vero Beach, Florida, 32963. Coordinates: (27.73482, -80.39329). The proposed project shall ensure that the structure will be elevated one foot above the Base Flood Elevation 7' NAVD 88). A new foundation system consisting of concrete pads and piers shall be constructed to support the structure. Any enclosed space at grade level shall have hydrostatic vents and can only be used for storage or parking, in compliance with the Florida Building Code and/or local floodplain ordinances or any other applicable local regulations. The project shall provide protection against a 100 -year storm event. Activities shall be completed: in strict compliance with Federal, State and Local applicable Rules and Regulations. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the.Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year,. did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross 53 352 revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or, 15(d of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5 most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as 'officers, managing partners, or other employees in management positions". "Total Compensation is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: is Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the. Statement of Financial Accounting Standards No., 123. (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives., and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 54 353 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year. Completion ) Rank Highest to Lowest Name Last, First, MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 55 354 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council.and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts: Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. ' For example, the Davis -Bacon Act is not applicable to HMGP subgrants, but sub -recipient can include the provision. 56 355 (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under.working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small: business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by. Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency EPA). (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 . (1) Debarment and Suspension (Executive Orders 12549 and 12689 A contract award (see 2 CFR 180.220) must not be made to parties listed on the govemmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of.parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, .officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (K) See § 200.322 Procurement of recovered materials. FEMA provided the 2019 PDAT Contract Provisions Template for sub -recipients. It is available at hftps://www.fema.gov/media-library-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf 57 356 Attachment K Certification Regarding Lobbying Check the appropriate box: 0 This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. 0 This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will: be less than $100,000. APPENDIX A 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member. of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or.an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, . certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 58 357 GRANTNAME. Hazard Mitigation Grant Program GRANT# AMOUNT OF GRANT: $59,235.75 DEPARTMENT RECEIVING GRANT: General Services, Parks & Cons Resources CONTACT PERSON: Beth Powell TELEPHONE: 772-226-1873 1. How long is the grant for? 5 MOS Starting Date: December 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to.be In -Kind services? X Yes No 4. Percentage of match to grant 25% % 5. Grant match amount required t$19,74.25* estimated; actual funding will be provided once the project has been bid 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Approved CIE Lost Tree Island Conservation Area enhancement- Optional Sales Tax 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 1 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Pre arer: Elizabeth Powell . Date: 11/20/20 Grant Amount Other Match Costs Not Covered Match Total First Year $ 78,981.00 $ $19,745.25 $ 59,235.75 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Pre arer: Elizabeth Powell . Date: 11/20/20 Leslie R. Swan Supervisor of Elections Indian River County November 23, 2020 The Honorable Joseph E. Flescher Chairman, Board of -County Commissioners Indian River County 180127" Street, Building A Vero Beach FL 32960 Dear Chairman Flescher: The Supervisor of Elections office has been contracted to conduct municipal elections for our local municipalities. On November 3 2020, elections were held for the following municipalities: City of Fellsmere City of Sebastian City of Vero Beach Town of Orchid I am requesting to have the revenue received from conducting the November 3, 2020 municipal elections be rolled into the Supervisor of Elections 2020/2021 budget. The cost for conducting these elections was $ 18,043.50. These election costs were not accounted for in our initial 2020/2021 budget. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures 4375 43rd Avenue •Vero Beach FL 32967 I Office; (772) 2_26-3440 J_Fax: (772) 770-53b,7. j_www.voteindianr`verso IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF FELLSMERE Maria Suarez -Sanchez, CITY CLERK 22 S. Orange Street Fellsmere, FL 32948 Invoice Date Invoice # 11/12/2020 5142077 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: City of Fellsmere 11/03/2020 1,629 0.50 814.50 Total $814.50 Phone # Fax # E -Mail Web Site 772-226-3443 772-770-5367 tboyle@voteindianriver.com www:voteindianriver.com 360 IRC Supervisor of Elections 4375 43rd Ave Bill To TOWN ORCHID Cherry Stowe 7707-3 'US Highway 1 Vero Beach, Florida 32967 Invoice Date Invoice # 11/12/2020 5142078 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: 11/03/2020 530 0.50 265.00 Total $265:00 Phone # Fax # E -Mail Web Site 772-226-3443 772-770-5367 tboyle@voteindianriver.com www.vofeindianriver.com 361 IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF SEBASTIAN Jeanette Williams, CITY CLERK 1225 MAIN STREET SEBASTIAN, FL 32958 Invoice Date Invoice # 11/12/2020 5142079 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: 11/03/2020 21,118 0.50 10,559.00 Total $10,559.00 Phone # Fax # E -Mail Web Site 772-226-3443 772-770-5367 tboyle@voteindianciver.com www:voteindianriver.com 362 IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF VERO BEACH TAMMY BURSICK, CITY CLERK P.O. BOX 1389 VERO BEACH, FL 32961-1389 Invoice Date Invoice # 11/12/2020 5142080 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: 11/03/2020 12,810 0.50 6,405.00 Total $6,405:00 Phone # Fax # E -Mail Web Site 772-226-3443 772-770-5367 tboyle@voteindianriver.com www.votdindianrivi-r.com 363 Leslie Rossway Swan Date 10/20/2020 Supervisor of Elections Indian River County, FL Time 02:57 PM Book Closing Party Summary by District for 2020 General Election Election 89 Closing Date = Oct/06/2020 Total Voters Dems Revs Noa Other F Indian River County INDIAN RIVER COUNTY 124,598 34,294 58,390 29,592 2,035 287 0 124,598 34,294 58,390 29,592 2,035 287 0 County Commission COUNTY COMM DIST 1 23,161 6,199 10,570 6,008 328 56 0 COUNTY COMM DIST 2 27,997 8,729 12,036 6,712 469 51 0 COUNTY COMM DIST 3 24,005 6,160 11,917 5,453 402 73 0 COUNTY COMM DIST 4 23,835 7,002 10,526 5,863 388 56 0 COUNTY COMM DIST 5 25,600 6,204 13,341 5,556 448 51 • 0 124,598 34,294 58,390 29,592 2,035 287 0 Congressional District 8TH US CONGRESS 124,598 34,294 58,390 29,592 2,035 287 0 124,598 34,294 58,390 29,592 2,035 287 0 City REQ C--1-6 91 748 286 578 �FEL'LSI4 ORCHID_ ---530) 67 351 102 15 7 2 0 _: SEBASTIAN' r--VER-'Q-,BEACH 21,11.8 12 810 5,702 3,395 9,455 6,118 5,603 303 3 55 0 0 INDIAN RIVER SHORES 4,168 735 2,627 3,030 T37 229 64 38 0 5 0 40,255 10,647 18,837 10,050 618 103 0 FL House of Representatives 54TH FLORIDA HOUSE 124,598 34,294 58,390 29;592 2,035 287 0 124,598 34,294 58,390 29,592 r 2,035 287 0 School Board SCHOOL BOARD DIST 1 23,161 6,199 10,570 6,008 328 56 0 SCHOOL BOARD DIST 2 27,997 8,729 12,036 6,712 469 51 0 SCHOOL BOARD DIST 3 24,005 6,160 11,917 5,453 402 73 0 SCHOOL BOARD DIST 4 23,835 7,002 10,526 5,863 388 56 SCHOOL BOARD DIST 5 25,600 6,204 13,341 5,556 448 51 0 0 124,598 34,294 58,390 29,592 .2,035 287 0 Sebastian Inlet SEBASTIAN INLET 37,331 10,057 16,863 9,785 544 82 0 37,331 10,057 16,863 9,785 544 82 0 3 Page t 10 Al INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director THROUGH: Bill Schutt, AICP Chief, Long Range Planning FROM: Matt Kalap Planner, Long Range Planning DATE: November 20, 2020 RE: County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan for the Period FY 2020/21 —2024/25. Plan Amendment Number: CPTA 2020110072-88469 It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 1, 2020. BACKGROUND On February 13, 1990, Indian River County adopted its comprehensive plan. As required by state law, all development activities must be consistent with the comprehensive plan, and all county activities must conform to plan policies. Occasionally, the plan must be updated to reflect the latest and best available information and to address changed conditions. Additionally, the plan must periodically be reviewed and revised in order to reflect the community's changing needs and desires. While state law allows local governments to amend their comprehensive plans periodically, there is no requirement that local governments annually update their comprehensive plan, except for the Capital Improvements Element. The Capital Improvements Element (CIE) of the plan is different from the other plan elements. Unlike the other elements, the CIE must be amended every year. This is required both by plan policy and by state regulations. 365 During the 2011 session, the legislature made various changes to state growth management rules, and some of the changes relate to Capital Improvements Element requirements. Among the changes brought about by enactment of House Bill 7207 (Chapter 2011-139, Laws of Florida), one eliminated the financial feasibility requirement of the Capital Improvements Program (CIP), while another added a requirement that the Capital Improvements Program list those projects that are necessary to maintain locally established level of service standards, identify projects as fully funded or unfunded, and give projects a level of priority for funding. With those amendments, the state legislature preserved the ability of local governments to amend their Capital Improvements Program through a more direct and accelerated process than most other comprehensive plan amendments. According to state law, amendments to the Capital Improvements Program schedule and its supporting data and analysis may be accomplished by following local government ordinance adoption/amendment procedures. Those procedures require only one adoption hearing, while other types of comprehensive plan amendments must be processed through the state's "Expedited Amendment" process, which involves multiple public hearings and several months of review. Consistent with state requirements, County staff has prepared the annual update of the County's existing Capital Improvements Element. A copy of the draft updated CIE is attached. Even though state statute no longer requires that local Capital Improvements Programs be financially feasible, the County's Capital Improvements Program is financially feasible. Because this CIE amendment is a complete update of the 5 year Capital Improvements Program and its supporting data and analysis, all related tables, charts, graphs and associated text were updated. Updates are shown with strikethfou and underlines and are limited to the text and tables of the CIE. Adding strike through and underlines to the charts, graphs, and entire appendices would have made the length of the document excessive and the resulting document confusing. Consequently, those items have been updated without strike-throughs and underlining. ANALYSIS In revising the 5 Year Capital Improvements Program and supporting data and analysis, staff used much the same methodology as it employed in preparing the original version. That involved coordinating with the budget and finance departments to obtain data on past revenues and expenditures as well as forecasted future revenue and expenditure amounts. Also, each county department was contacted to determine the status of its capital improvements program. For each department, information on completed projects, proposed projects, costs, revenues, prioritization, and other factors was collected. Projects were then reviewed by the budget department and revised as necessary to ensure financial feasibility. Based upon those data, planning staff revised the various tables and the text of the 5 Year Capital Improvements Program and supporting data and analysis. 366 The result of those changes is an accurate, financially feasible, and up-to-date capital improvements program. Proposed Changes to the Capital Improvements Element • Capital Improvements Program Appendix A of the CIE (Attachment 4) is the County's proposed Capital Improvements Program (CIP). It lists all programmed capital improvements for fiscal years 2020/21 through 2024/25. Within the CII', each project was selected based upon need and the County's financial ability to fund it. As shown within the CIP, the total cost for all of the projects for the next five fiscal years is $407,151,386. That is $16,981,822 more than the $390,169,564 cost of the current (last) five year CIP and represents a 4.35% increase. Much of this increase reflects increases from existing county funding sources and from external sources due to increased development activity and continually improving market conditions. Those funding sources include assessments and user fees, gas taxes, impact fees, local option sales taxes, developer contributions, and the Florida Department of Transportation. As structured, the CIP consists of ten separate categories, with dedicated funding sources listed after each project. The ten separate categories are: Coastal Management, Conservation and Aquifer Recharge, Emergency Services, Facilities Management, Law Enforcement and Corrections, Parks and Recreation, Sanitary Sewer and Potable Water, Solid Waste, Stormwater Management, and Transportation. A comparison of the existing (last) 5 year CIP expenses by category to the proposed 5 year CIP expenses by category appears on page 5 of this agenda item. Coastal Management Planned coastal management projects occurring within the next five years include beach nourishment in sector 3 and sector 7 of the coastline. Those projects will be funded by the Federal Emergency Management Agency, Florida Department of Environmental Protection, the Interfund Loan, and the County's beach restoration fund. The total expenditure amount for the projects within this category for fiscal years 2020/21 through 2024/25 is $36,500,000, representing 8.96% of the overall CIP expenditure within the next 5 years. Conservation and Aquifer Recharge For conservation capital projects, the focus is on improvements to conservation lands. Those improvements include construction of passive recreational access facilities such as boardwalks, kayak launches, associated improvements such as parking and restroom facilities, and projects to stabilize/improve/preserve historic structures. These projects will be funded from numerous sources including: environmental land bonds, grants, optional sales tax, boating improvement funds, upland mitigation funds, Windsor property exchange donation, and park impact fees. The total expenditure 367 amount for the projects within this category for fiscal years 2020/21 through 2024/25 is $12,466,396, representing 3.06% of the overall CIP. Emergency Services For the next five fiscal years, emergency services capital projects total $21,740,316 and represent 5.33% of the overall CIP. Proposed projects within this category include but are not limited to acquisition of multiple ambulances (med units), fire engines, tankers, brush trucks, replacement of Emergency Services Station 7, and construction of a new Emergency Services Station 15. Funding for these improvements comes from impact fees, one -cent local optional sales tax, and emergency services district millage. Facilities Management For the next five fiscal years, facilities management capital improvements projects represent 4.73 % of the overall CIP with a total of $19,274,470. These projects include improvements such as construction of new courtroom facilities, Building B expansion, Building Division expansion, LED lighting, fiber optic cable connectivity, library renovations, North County Library expansion, and costs for replacement of various county building roofs. The projects will be funded through various sources, including one cent local option sales tax revenue, impact fees, and building department fund. Law Enforcement and Corrections Planned law enforcement and corrections capital improvements projects over the next five fiscal years include development of corrections medical housing and corrections recreation yard expansion, and a sheriff facility expansion needs design. These projects will be funded by impact fees and one cent local option sales tax revenue. The total amount of expenditures forprojects within this category for fiscal years 2020/21 through 2024/25 is $9,555,000, representing 2.35% of the overall CIP and representing a 6.11 % increase in cost over last year's law enforcement and corrections 5 year CIP. Parks and Recreation Capital improvements projects over the next five fiscal years related to recreation and open space include improvements to existing recreation areas such as Victor Hart Sr. Complex (fka Gifford Park), Hosie -Schuman Park, Sandridge Clubhouse, Hobart Park, 58' Avenue ballfields, and County Fairgrounds. All of the recreation and open space projects identified in Appendix A will be paid for with one -cent local option sales tax revenue, golf club user fees, general fund loan, Windsor fund, Fairgrounds improvement fund, 16th Street Ballfield sale funds, and impact fees. The expenditures within this category for fiscal years 2020/21 through 2024/25 total $13,956,295, representing 3.43% of the overall CIP. 368 Sanitary Sewer and Potable Water Within the next five fiscal years, there are potable water and sanitary sewer capital improvements projects planned at various locations within the county. Projects planned for fiscal years 2020/21 through 2024/25 include construction of several water mains (new and replacement), North County (Sebastian) septic to centralized sewer conversions, meter conversions to an Advanced Metering Infrastructure (AMI) system, and South Waste Water Treatment Facility improvements. The potable water and wastewater projects will be funded through one cent local option sales tax, user fees, grants, assessments, and capacity charges. The sanitary sewer and potable water category accounts for 23.43% of the overall CIP with $95,403,929, during the five year CII' time period. Solid Waste In the next five fiscal years, solid waste capital improvements will involve expansion of Cell III of Segment 3 of the landfill, a new single stream recycling building, new automated scale system and site drainage improvements at the landfill. These improvements total $15,800,000 during the five year CIP time period, account for 3.88% of the overall CIP, and representing an 10.48% increase in cost over last year's solid waste 5 year CIP. Projects in the proposed 5 year CIP will be funded by, escrow account, assessments and user fees. Stormwater Management For stormwater management, capital improvement projects over the next five fiscal years include construction of a canal treatment system in the North Relief Canal, Egret Marsh improvements, Vero Lake Estates Phase II & III and TMDL/Lagoon Treatment System. The stormwater management projects identified in Appendix A will be paid for with one -cent local option sales tax revenue, grant funds, and Vero Lake Estates assessments. The expenditures within this category for fiscal years 2020/21 through 2024/25 total $16,450,000, representing 4.04% of the overall CIP. Transportation As the costliest CIP category over the next five fiscal years, transportation includes intersection improvements, road widenings, sidewalk installations, turn lanes, paving, and related projects throughout the county. Generally, capital improvements to county maintained roads are funded by traffic impact fees, the County's one cent local option sales tax revenue, and gas tax revenue. While sidewalks are funded through grants, one cent local option sales tax revenue, and gas tax revenue. Some expenditures for roads are also funded by the State of Florida, developers, and grants. Overall, the transportation category expenditures represent nearly half (40.77%) of the entire five year CII' and totals $166,004,980, an amount which is $18,298,005 less than last year's five year transportation CIP of $184,302,985. 369 Comparison of Existing (Last) 5 Year CIP Expenses by Category to Proposed 5 Year CIP Expenses by Category Category FY 2019/20-2023/24 FY 2020/21-2024/25 Difference $ Difference % Coastal Management $25,000,000 $36,500,000 $11,500,000 46.00% Conservation & Aquifer Recharge $11.239,398 $12,466,396 $1,226,998 10.92% Emergency Services $19,216,635 $21,740,316 S2,523,681 13.13% General Services/Facilities Management $18,060,000 $19,274,470 $1,214,470 6.72% Law Enforcement & Corrections $9,005,000 $9,555,000 $550,000 6.11% Recreation & Open Space $11,989,997 $13,956,295 $1,966,298 16.40% Sanitary Sewer & Potable Water $81,630,549 $95,403,929 $13,773,380 16.87% Solid Waste $14,300,000 $15,800,000 $1,500,000 10.49% Stormwater Management $15,425,000 $16,450,000 $1,025,000 6.65% Transportation $184,302,985 $166,004,980 -$18,298,005 -9.93% Total $390,169,564 $407,151,386 $16,981,822 4.35% Project Modifications County revenue increased in Fiscal Year 2020/21. For all funding sources except "other sources", County revenue is projected to increase over the five year horizon above what was previously forecasted in the prior year's Capital Improvements Program. With this year's update, some projects have had their time frames extended, some have had their funding sources changed as priorities have shifted, and projects previously underfunded have been designated to receive additional projected funding. While some project time frames have been extended, none of the extensions will impact development project concurrency reservations. By extending the time frame of transportation projects, the County can utilize its limited resources to complete priority concurrency related projects within the overall capital improvements program. In effect, the County can delay some projects so that other projects will remain fundable and so that additional priority projects maybe funded. By funding necessary projects and other priority projects, and by extending the time frames for other projects, the County is maintaining a financially feasible capital improvements element. 370 Financial Feasibility Although state statute no longer requires local capital improvements programs to be financially feasible, Indian River County's CIP is financially feasible. Overall, the CIP includes a summary of revenues and expenditures. The revenue and expenditure summary is included to demonstrate the financial feasibility of the CIP. That summary is included on page 21 of Appendix A of the CIP (see Attachment 4) and shows that, in fact, the County's Capital Improvements Program is financially feasible over the 5 year period by balancing revenues and expenditures. Indian River Lagoon Projects At the August 16, 2016 Board of County Commissioners meeting, the Board directed staff to commit to spending 20% of the proceeds of the first five years of the extended one -cent local option sales tax on lagoon -related projects, if the tax was renewed by the voters in November 2016. On November 8, 2016, Indian River County residents voted to extend the one -cent local option sales tax effective January 1, 2020 through December 31, 2034. Consequently, the County has a goal of spending 20% of the one cent optional sales tax proceeds on lagoon -related projects for the first five years of the extension, starting with January 1, 2020 and ending with December 31, 2024 (FY 2019/20 — 2024/25). With the approval of the extension of the one -cent local option sales tax, the proposed 5 year Capital Improvements Program schedule allocates at least 20% of projected one -cent local option sales tax revenue to lagoon related projects during the FY 2020/21-2024/25 period covered by the proposed plan. As proposed, the CIP directly allocates $20,285,572 out of a total of approximately $134,645,759 in projected one -cent local option sales tax revenue to lagoon related projects from Fiscal Years 2020/21 through 2024/25. The 20% allocation is within the Stormwater Management, Conservation, Parks and Recreation, and Sanitary Sewer and Potable Water sections of the CIP. The lagoon benefiting projects listed in those sections of the proposed Capital Improvements Element include the following: • Hallstrom Farmstead water, sewer, restrooms • North Sebastian Sewer Phase 2A design, engineering and CEI • North Sebastian Sewer Phase 2B design, engineering and CEI • Dale Wimbrow Park and Donald MacDonald Campground Septic to Sewer • TDML Utility Effluent Storage • Miscellaneous lagoon projects • Lost Tree Islands restoration, replanting • Fairgrounds new restroom & expansion of RV/camping sites • Jones Pier public access improvements, wetland creation, shoreline enhancement 371 In addition to the above listed lagoon benefiting projects of the proposed CIP, there are numerous projects with secondary benefits to the lagoon listed in the Transportation section of the proposed CIP. Those projects include certain road projects that will treat run-off from older improvements that currently provide no treatment. The projects listed in the Transportation section are proposed to be funded in part through the one -cent local option sales tax. Notes are included in the CIP sections indicating specific projects with additional Indian River Lagoon benefits. • Existing Conditions and Analysis Sections In addition to the changes made to Appendix A, all of the data in the existing conditions and analysis sections of the CIE have been updated to reflect current conditions. Those data include past revenue and expenditure figures for county operations as well as forecasted revenue and expenditure figures. • Concurrency Management Section Indian River County maintains a record of building permits issued to owners of parcels/lots. Those records are maintained as part of the County's concurrency management system. As permits are issued, county staff enters development impact information on those lots into the concurrency management system and subtracts the public facility capacity utilized from available capacities within the concurrency management system. Data from that system were used to assess the need for capital projects and inclusion in the proposed CIE update. Consistency with the 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 be amended only in such a way as to preserve the internal consistency of the plan. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which 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 decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this amendment request is the following policy: • Future Land Use Element Policy 14.3 The most important policy to consider in evaluating a plan amendment request for consistency with the county's comprehensive plan is future land use element policy 14.3. This policy requires that at least one of four criteria be met in order to approve a comprehensive plan amendment request. Those criteria are: 372 ■ a mistake in the approved plan; ■ an oversight in the approved plan; ■ a substantial change in circumstances affecting the subject property; or ■ a swap or a reconfiguration of land uses at separate sites. In this case, the proposed amendment to the CIE meets the third criterion of policy 14.3 of the future land use element. Since the CIE was last revised, some capital improvements have been completed, others have been added, revenue projections have changed, and priorities have been modified. Those circumstances warrant the amendment. • Capital Improvements Element Policies 1.1, 1.2, 1.3, 1.5, 1.10, and 1.11 Capital improvements element policies 1. 1, 1.2, 1.3, 1.5, 1.10 and 1.11 require the County to maintain and implement a capital improvements program which is evaluated and updated periodically. Those policies also describe how the county will evaluate and prioritize capital improvements. By updating the capital improvements program in accordance with those requirements, the proposed amendment is consistent with those policies. • Capital Improvements Element Policy 1.9 Capital improvements element policy 1.9 states that the county shall include all capital expenditures in excess of $100,000 in its schedule of improvements. Since the proposed CIE update amendment identifies all capital expenditures in excess of $100,000, the proposed amendment is consistent with capital improvements element policy 1.9. While the referenced policies are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the proposed amendment for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the proposed amendment is consistent with the comprehensive plan. RECOMMENDATION Based on the analysis conducted, staff recommends that the Board of County Commissioners approve the update to the 5 Year Capital Improvements Program for the period FY 2020/21-2024/25 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the attached ordinance. ATTACHMENTS 1.) Comprehensive Plan Text Amendment Application 2.) Comprehensive Plan Text Amendment Adoption Ordinance (Clean version of CIE on File in BCC Office) 373 3.) Strike Through and Underline Version of CIE 4.) 5 Year Schedule of Capital Improvements FACommunity Development\Comprehensive Plan Text Amendments\CIE\2020\BCC Item\Downloaded from Granicus - For Corrections\Staff Report (14).doc 374 Capital Improvements APPLICATION FORM Element Amendment COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications only during the months of January and July of each year (except that Capital 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 must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: CPTA - 20200110072-88469 Signature of Owner or Agent: 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. 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). Capital Improvements Element — various changes to entire element for annual update. 2. What is the exact language proposed to be added and/or deleted from the plan? Numerous changes for annual update. What is the purpose of the request? Annual update. 4. What is the justification for the request? Change in conditions. 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 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 DevelopmenWomprehensive Plan Text Amendments\CIE\2020\CPTA FORM.doc Attachment 1 375 Current Owner/Applicant Agent Name: Indian River County Board of County Commissioners Community Development Department Staff Complete Mailing Address: 1801 27th 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: Matt Kala Signature of Owner or Agent: 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. 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). Capital Improvements Element — various changes to entire element for annual update. 2. What is the exact language proposed to be added and/or deleted from the plan? Numerous changes for annual update. What is the purpose of the request? Annual update. 4. What is the justification for the request? Change in conditions. 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 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 DevelopmenWomprehensive Plan Text Amendments\CIE\2020\CPTA FORM.doc Attachment 1 375 ORDINANCE NO. 2020 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN'S CAPITAL IMPROVEMENTS ELEMENT BY UPDATING THE COUNTY'S 5 YEAR CAPITAL IMPROVEMENTS PROGRAM (CIP) SCHEDULE AND RELATED DATA AND ANALYSIS SECTIONS; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, F.S. 163.3177(3)(b) requires an annual review and update of the County's Capital Improvements Program; and WHEREAS, F.S. 163.3177(3)(b) exempts amendments to the County's 5 year CIP from the standard comprehensive plan amendment process and instead allows the County to amend the County's 5 year CIP schedule and related data and analysis sections by ordinance through the County's standard ordinance adoption procedures, which involve holding only one public hearing; and WHEREAS, the Board of County Commissioners of Indian River County, pursuant to F.S.125.66(2), advertised for a Public Hearing to Consider Adopting an Ordinance Amending the County's 5 year CIP schedule and related data and analysis sections of the Capital Improvements Element of the Comprehensive Plan; and WHEREAS, the Board of County Commissioners of Indian River County held an Adoption Public Hearing on December 1St, 2020, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Amendment to the Schedule of Capital Improvements Program Indian River County hereby adopts the 5 year CIP schedule and related data and analysis section of the Capital Improvements Element; (Exhibit A). 1 of 3 1 Attachment 2376 ORDINANCE NO. 2020 - SECTION 2. Financial Feasibility The Board of County Commissioners finds that the proposed amendment of the 5 year CIP schedule and related data and analysis section of the Capital Improvements Element is financially feasible. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date A certified copy of this ordinance shall be filed with the Department of State by the clerk of the Board of County Commissioners within 10 days of enactment by the Board of County Commissioners and shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 15th day of November, 2020, for a public hearing held on the 1St day of December, 2020, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Joseph H. Earman, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman 2 of 3 Attachment 2 377 ORDINANCE NO. 2020 - ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP Community Development Director FACommunity Development\Comprehensive Plan Text Amendments\CIE\2020\Ordinance\Ordinance - CIE 2020.doc 3 of 3 Attachment 2378 Indian River County 2030 Comprehensive Plan Aft 1 19 w Indian River County Community Development Department Supplement #_; Adopted December _, 2020, Ordinance 2020 - 379 Exhibit A TABLE OF CONTENTS ......................................... as Listof Figures...........................................................................................:.. . Listof Tables......................................................................................................................................... iii Introduction............................................................................................................................................ l ExistingConditions................................................................................................................................2 FinancialResources...........................................................................................................................2 Expenditures....................................................................................................................................18 Existing Outstanding Debt...............................................................................................................21 Local Policies and Practices.............................................................................................................22 Analysis.............................................................................................................................................:.. 25 Analysis of the Timing and Location of Capital Improvements......................................................26 NeedsAssessment............................................................................................................................31 FiscalAssessment............................................................................................................................33 Fiscal Assessment Summary ............................................................................................................38 Concurrency Management Plan.......................................................................................................... 39 ProjectApplicability........................................................................................................................39 ServiceStandards.............................................................................................................................39 Demand............................................................................................................................................41 Availabilityof Capacity...................................................................................................................42 Regulation........................................................................................................................................45 MonitoringSystem..........................................................................................................................45 Applicability....................................................................................................................................47 Goal, Objectives and Policies.............................................................................................................. 47 Implementation, Evaluation, and Monitoring...................................................................................... 56 Implementation................................................................................................................................ 56 Evaluation and Monitoring Procedures...........................................................................................58 APPENDIXA: Five Year Schedule of Capital Improvements.............................................................. A APPENDIX B: 2040 Roadway Improvement Plan............................................................................... B APPENDIX C: School District oflndian River County Capital Improvements Schedule .................... C APPENDLXD: School District of Indian River County Summary of Estimated Revenue .................... D Community Development Department Adopted , 2020, Ordinance 2020- Indian River County i 380 Exhibit A Faure Title Page Figure 6.1 Ad Valorem Taxes (Property Taxes)............................................................................. 3 Figure6.2 Enterprise Funds........................................................................................................... 3 Figure 6.3 User Fees and Charges................................................................................................. 4 Figure 6.4 Special Assessments...................................................................................................... 4 Figure6. S Impact Fees................................................................................................................... S Figure 6.6 Local Discretionary Sales Surtax................................................................................. 6 Figure 6.7 Tourist Development Tax.............................................................................................. 7 Figure 6.8 Local Option Fuel Tax.................................................................................................. 9 Figure 6.9 Franchise Fee/Tax...................................................................................................... 10 Figure 6.10 Local Government Half -Cent Sales Tax................................................................... 13 Figure 6.11 County Revenue Sharing........................................................................................... 14 Figure 6.12 Constitutional Fuel Tax............................................................................................ 14 Figure6.13 County Fuel Tax........................................................................................................ 15 Figure 6.14 Alcoholic Beverage License Tax ........... :................................................................... 15 Figure 615 Mobile Home License Tax........................................................................................ 16 Figure 6.17 General Government Expenditures by Function...................................................... 19 Figure 6.18 Future Capital Improvements Expenditure.................................................................33 Community Development Department Adopted , 2020, Ordinance 2020- Indian River County M 381 Exhibit A Table Title Page Table 6.2: Optional Tourist Taxes on Transient Rental Facilities ................................................. 8 Table 6.3: Local Fuel Tax Rates.................................................................................................. 10 Table 6.4: Indian River County General Revenues By Source ..................................................... 17 Table 6.5: Indian River County General Government Expenditures By Function ....................... 18 Table 6.6: Indian River County Existing Long Term Debt........................................................... 22 Table 6.7: Overall General Revenue Projection Summary.......................................................... 28 Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element ............................... 29 Table 6.10: Future Capital Improvement Expenditures for Indian River County & ................... 31 Table 6.11: Indian River County Overall General Expenditures Projection Summary ............... 34 Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste ........................................... 35 Table 6.13: Indian River County Overall Operating Cost Projections ........................................ 35 Table 6.14: Indian River County Estimated Ability to Raise Bonds Without A Public Vote........ 36 Table 6.15 Indian River County Bond Schedule................................................................... 36 Table 6.16: Service Level Measures for Concurrency Related Facilities .................................... 40 Table 6.17: Monitoring System Design........................................................................................ 46 Table 6.18: Monitoring System Tasks........................................................................................... 46 Table 6.19: Capital Improvement Element Implementation Matrix ............................................. 57 Table 6.20: Capital Improvements Element Evaluation Matrix ................................................... 59 Community Development Department Adopted , 2020, Ordinance 2020- Indian River County 382 Exhibit A 383 Exhibit A Introduction The Capital Improvements Element (CIE) summarizes the needed capital facilities identified in the county's comprehensive plan and describes the financial means by which identified needed facilities are to be funded. The CIE also demonstrates the economic feasibility of the entire comprehensive plan and prioritizes the funding of all the public facilities identified in the county's comprehensive plan based on the level of need and the availability of funds. For purposes of this element, a capital improvement is a substantial facility (land, building, or major equipment) that costs at least $100,000 and which is required to maintain adopted level -of -service standards or to meet objectives identified in the county's comprehensive plan. Included in the CIE are an existing conditions section, an analysis section, a concurrency management section, a goals, objectives, and policies section, and an implementation section. While financial resources and existing local policies and practices are discussed in the existing conditions section, the fiscal condition of both the county and its comprehensive plan, as well as other issues concerning capital improvement projects, are assessed in the analysis section of this element. In the concurrency management section, the administrative framework for maintaining public facility service levels is addressed while the county's overall capital improvements strategy is discussed in the goals, objectives and policies section. Finally, a 5 -Year Schedule of Capital Improvements, as well as monitoring and evaluation programs, can be found in the implementation section of this element. 384 Exhibit A Existing Conditions Financial Resources One of the chief functions of the Capital Improvements Element is to inventory the major sources of revenue available to the county. Those revenue sources determine the county's capability to fund needed capital improvements. Table 6.1 lists the county's local, state, and federal revenue sources and indicates the amount of revenue collected from each source during FY 2018/19. Table 6.1 also shows the percentage distribution of total revenue received by Indian River County for each of the revenue sources. Community Development Department Adopted , 2020, Ordinance 2020-. Exhibit A 385 Table 6.1: Indian River County Revenue Sources (FY 2018/19) Federal Sources State Sources Local Sources Amount % of Total Amount % of Total Amount % of Total ($1;000) Revenue ($1,000) Revenue ($1,000) Revenue Various Grants $6,523 2.34% Local Government Half -Cent Sales Tax $10,298 3.69% Ad Valorem Taxes $105,247 37.70% Total Federal $6,523 2.34% County Revenue Sharing $4,011 1.44% Enterprise Funds $56,751 20.33% Constitutional Fuel $1,916 0.69% User Fees and $17,919 6.42% Tax Charges $833 0.30% $531 0.19% County Fuel Tax Special Assessments Alcoholic Beverage License Tax $68 0.02% Impact Fees $7,597 2.72% Distribution of $447 0.16% $19,263 6.90% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $107 0.04% $3,094 1.11% Mobile Home Tourist Development License Tax Tax Various Grants $6,564 2.35% Local Option Fuel $3,633 1.30% Tax Total State $24,244 8.68% Franchise Tax $9,124 3.27% $12,290 4.40% Interest Income $12,974 4.65% Other $248,423 88.98% Total Local $279,190 100.00% Total All Sources Community Development Department Adopted , 2020, Ordinance 2020-. Exhibit A 385 Local Sources Local sources consist of revenues that are levied, collected and disbursed at the local level solely at the discretion of Indian River County. Those local sources are shown in table 6. 1, and are described frth dt'lbl m u er a a1 a ow. • Ad Valorem Taxes (Property Taxes) Ad Valorem taxes are taxes levied on the assessed value (net of any exemptions) of real and personal property. This tax is commonly referred to as "property tax." Ad valorem taxes are generally assessed in mills; that is, thousandths of a dollar of assessed value. The state mandated millage cap is 10 mills per local government, excluding voted millages. In FY 2018/19, Indian River County imposed an aggregate millage rate of 5.9901. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Table 6.1 shows that, in FY 2018/19, Indian River County collected approximately $105,247 in ad valorem taxes. In FY 2018/19, ad valorem taxes represented 37.70% of all revenues collected by Indian. River County. Figure 6.1 displays the ad valorem tax revenue collected by Indian River County over the last six fiscal years. As shown, ad valorem tax revenue has increased each year since FY 2013/14. The increase relates to a continually improving housing and property market. + Enterprise Funds Figure 6.1: Ad Valorem Tax Revenue by FY $120,000 --- ----- 98 $100,000 — $— $84,714 $80,000 $60,000 $40,000 $20,000F1- $0 13/14 14/15 15/16 16/17 17/18 18/19 a Source: Indian River County Fina, ILC �CVUI L11c11L Figure 6.2: Enterprise Fund Reserve by FY $60,000 $50,000 $40,000 Ilr■ NEI $30,000 $20,000 $1 0,000 $o 1000 No Id 13/14 14/15 15/16 16/17 17/18 18/19 ®Revenue (in thousands) Source: Indian River County Finance Department Within governmental entities, there are often various departments that provide goods and services to the public in a manner similar to the private sector. Such departments, classed under the general title "enterprise funds," must raise revenues from outside the government sector. Generally, enterprise departments assess a fee to the customer using the goods or services provided by that department. In Indian River County, Utility System, Solid Waste Disposal District, Golf Course, and Building Division are enterprise funds. 386 Exhibit A Table 6.1 shows that enterprise fund revenue represented 20.33% of Indian River County's total funds for FY 2018/19. Figure 6.2 displays the enterprise fund revenue collected by Indian River County over the last six fiscal years. During that time period, enterprise fund revenue increased 25.18%. User Fees and Charges User fees and charges represent revenue received by the county for providing various general services. Those fees and charges are necessary because taxes alone cannot totally keep up with the increasing costs of services. This category includes fees collected by the Tax Collector's Office, the Clerk of the Circuit Court, the Property Appraiser's Office, the Sheriff's Department, and the Recreation and Parks Department. This category also includes other miscellaneous user fees charged by the county for general services not financed by other fund sources. In FY 2018/19, user fees and charges represented 6.42% of all funds collected by Indian River County. Figure 6.3: User Fees and Charges by FY $19,000 $18,558 $18,500 $18,000 $17,500 IN MIN $17,000 In MIN MIN $16,500 in MIN MIN $16,000 in MIN MIN $15,500 in MIN MIN $15,000 In MIN MIN MIN ff $14,500 MIN $14,000 13/14 14/15 15/16 16/17 17/18 18/19 Source: Indian M Revenue (in thousands) Rover County Finance Department Figure 6.3 displays user fees and charges collected by Indian River County over the last six fiscal years. During that time period, revenue from user fees and charges varied, but overall decreased .87%. Special Assessments Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services. By law, the assessment levied must fairly reflect the actual costs of the improvements. County revenues which fall under the general category of special assessments consist of street paving assessments, street lighting district assessments, as well as assessments for water, sewer, and drainage improvements. Expenditures of special assessment revenue .are restricted to public improvement Figure 6.4: Special Assessments Revenue by FY $800 $728 $700 $600 ME .$500 $400 $300 0 111 MIN 111 $200 111 111 MIN 111 $100 $- 13/14 14/15 15/16 16/17 17/18 18/19 ®Revenue (in thousands) Source: Indian River County Finance Department projects that directly benefit the property owner or payee. For example, street paving assessment revenues must be spent on paving streets that directly benefit the payer of the assessment. 387 Exhibit A Special Assessment revenue represented 0.19% of county funds for FY 2018/19. Figure 6.4 displays the revenue collected by Indian River County through special assessments over the last six fiscal years. During that time period, revenue from special assessments increased by 5.15%. Impact Fees An impact fee is a one-time charge, fee, or assessment levied as a condition of subdivision or site plan approval, building permit issuance, or other development or construction approval when the revenues collected are intended to fund the costs of capital improvements for public facilities. Since 1986, Indian River County has levied traffic impact fees on new development projects. In June of 2005, Indian River County began to levy 8 new impact fees. At the same time, the County increased the existing traffic impact fee rates. The nine impact fees include: transportation, fire/emergency services, parks and recreation, A1 f '1rtie' : 1'd f '1' e ucationa a%, s, so i waste a%, L es, correctional facilities, law enforcement, libraries, and public buildings. On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its.March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an Community Development Department Indian River County Adopted , 2020, Ordinance 2020- 5 388 Exhibit A Figure 6.5: Impact Fee Revenue by FY $8,000 --- $7,597 $7,zas $7,000 $s,zs2 $6,000 $5704 $s,zsi $5,000 $a,zis $4,000 $3,000 $2,000 $1,000 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River Count Finance Department e ucationa a%, s, so i waste a%, L es, correctional facilities, law enforcement, libraries, and public buildings. On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its.March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an Community Development Department Indian River County Adopted , 2020, Ordinance 2020- 5 388 Exhibit A Comprehensive Plan Capital Improvements Element effective date of February 2, 2015. For both the nonresidential impact fee schedule and the residential impact fee schedule the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than seven million dollars of impact fee revenue was collected in FY 2017/18. This is nearly six and a half million dollars more than what was collected in FY 2010/11. Impact fee revenues decreased during the Great Recession, then gradually increased through FY 2015/16 and slightly decreased in FY 2016/17. During the past six years revenue from impact fees have increased 80.11 %. Local Discretionary Sales Surtax Pursuant to s. 212.055, F.S, local governments are authorized to levy numerous types of local discretionary sales surtaxes. Under the provisions of s. 212.054, F.S., the local discretionary sales surtaxes apply to all transactions subject to the state tax imposed on sales, use, services, rentals, admissions, and other authorized transactions. The surtax is computed by multiplying the rate imposed by the county where the sale occurs by the amount of the taxable sale. This sales tax can be levied on most transactions under $5,000. According to state law, Indian River County is eligible to impose a Local Government Infrastructure Surtax of either 0.5% or 1.0%. Currently, Indian River County imposes the 1.0% Infrastructure Surtax. Figure 6.6: Local Discretionary Sales Surtax by FY $25,000 $20,000$18,70 $19,263 $15,22 $16,19 $16,85 $17,62 $15,000 $10,000 $5,000 $- 13/14 14/15 15/16 16/17 17/18 18/19 0 Revenue (in thousands) . Source: Indian River County Finance Department Procedurally, the Local Government Infrastructure Surtax must be enacted by a majority vote of the Board of County Commissioners and approved by voters in a countywide referendum. That surtax, which may be imposed for a maximum period of fifteen years, was imposed by Indian River County in April, 1989, and was renewed by voters in November, 2002 and again in November 2016. Generally, the proceeds must be expended to finance, plan, and construct infrastructure; to acquire land for public recreation or conservation or protection of natural resources; or to finance the closure of local government-owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection. Table 6.1 shows that local sales surtax revenue represented 6.90% of all funds collected by Indian River County in FY 2018/19. Figure 6.6 displays the Local Discretionary Sales Surtax revenue received by Indian River County over the last six fiscal years. This local revenue source increased by 26.50% over that period. 389 Exhibit A Comprehensive Plan Capital Improvements Element Distribution of surtax proceeds is based on the specifics of an interlocal agreement or through a formula based on population. In Indian River County, Local Infrastructure Surtax revenue is distributed to county government and municipal governments through a formula based on population. Currently, twenty-five of the sixty-seven Florida counties levy a Local Government Infrastructure Surtax. Within Indian River County's region, Martin and St. Lucie counties do not levy the surtax. While Okeechobee County is eligible to levy the infrastructure surtax, it instead levies a Small County Surtax of 1%. That is another local discretionary sales surtax. Tourist Development Tax Any county in the state may, subject to a vote of the citizenry, impose a Tourist Development Tax. The transient rental trade is the primary base for the levy of the tourist tax. Any lodging agreement for six months or less is subject to the tax. Generally, the tourist tax levy is one or two percent. Counties, however, may set an additional one percent above the original tax through an extraordinary vote of the governing board or by referendum. Further, if a professional sports franchise facility is located within a county, an additional one to two percent tourist tax may also be levied. The first one percent professional sports f U. f '1' b h' d b Figure 6.7: Tourist Development Tax Revenue by FY $3,500 ---- $3, 025 $3,094 $3,000 $2,818 i $2,433 $2,500 $2,267 $2,000 ! , — — $1,918 $1,500 i $1,000 j $500 dLJ $- 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Department ranc Ise a%, >ty tax may e au t or<ze y a majority vote of the governing .board of the county, while the second one percent tax must be authorized by a majority plus one vote of the governing board of the county. Currently, Indian River County imposes the original two percent tourist tax, the additional one percent tax, and an additional one percent professional sports franchise facility tax. Out of Florida's sixty-seven counties, sixty-three currently levy a tourist tax. Of those sixty-three counties, fifty-three counties, including Indian River County, impose an additional one percent tourist tax; forty-four counties, including Indian River County, impose a one percent professional sports franchise tax, and thirty counties impose the second one percent professional sports franchise tax. 390 Exhibit A Table 6.2 displays the tourist taxes imposed in counties that are geographically proximate to Indian River County. Compared to neighboring counties, Indian River County imposes a similar level of tourist taxes. Palm Beach County has the highest tourist tax levy of the six counties listed (6.0%), followed by Brevard, St. Lucie, and Martin Counties at 5.0%. While Indian River County has a tourist tax rate of 4.00%, Okeechobee County has the lowest tourist tax levy at 3.0%. Table 6.2: Optional Tourist Taxes on Transient Rental Facilities Professional Additional Original Additional Sports Professional Maximum County Tourist Tax Tax Franchise Sports Potential o /o Total /o 0 Levy Facility Tax Franchise Tax Levy Brevard 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Indian River 2.00% 1.00% 1.00% ---------- 5.00% 4.00% Martin 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Okeechobee 2.00% 1.00% ---------- ---------- 5.00% 3.00% Palm Beach 2.00% 1.00% 1.00% 1.00% 6.00%* 6.00%* St. Lucie 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Note: Shading indicates those counties eligible to impose a particular tax *Palm Beach County is 1 out of 9 counties in the state that can also impose a 1% High Tourism Impact Tax, which it currently does levee. Source: The Florida Legislature's Office of Economic and Demographic Research website: November 2020 The Local Option Tourist Tax can be used for the following purposes: (1) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote one or more publicly owned and operated convention centers, such as sports stadiums, coliseums, or auditoriums within the district that the tax is imposed; (2) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote aquariums, or museums that are publicly owned and operated or owned and operated by a not-for-profit organization and open to the public, within the boundaries of the county or sub -county special taxing district in which the tax is levied; (3) Promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; 391 Exhibit A (5) Fund convention bureaus and other tourist information bureaus as county agencies or by contract with the Chamber of Commerce or similar associations in the county; (6) Finance beach park facilities, or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement, cleanup, or restoration or inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel,estuary, lagoon, or inland lake or river; (7) Pledge the revenues to secure and liquidate revenue bonds issued by the county, subject to certain limitations. Figure 6.7 shows the Tourist Development Tax revenue received by Indian River County over the last six fiscal years. Since FY 2013/14, Tourist Development Tax revenue has increased 61.31%. ➢ Local Option Fuel Tax Local governments are authorized to levy up to twelve cents of local option fuel taxes in the form of three separate levies. Those levies are: ➢ a one to six cent local option fuel tax; ➢ a one to five cent local option fuel tax; and ➢ a ninth cent fuel tax. Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.30% of all funds collected by Indian River County for FY 2018/19. Figure 6.8 shows that, since FY 2013/14 there has been an upward trend with local option fuel tax revenue for the county. The increase in local option fuel tax revenue can be attributed to an improving economy and lower fuel prices which have led to an 392 Exhibit A Figure 6.8: Local Option Fuel Tax Revenue by FY $4,500 $4,000$3,830 $3,508 $3,574 $3,651 $3,633 $3,500 $3,133 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Department Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.30% of all funds collected by Indian River County for FY 2018/19. Figure 6.8 shows that, since FY 2013/14 there has been an upward trend with local option fuel tax revenue for the county. The increase in local option fuel tax revenue can be attributed to an improving economy and lower fuel prices which have led to an 392 Exhibit A increase in fuel consumption. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Table 6.3 identifies the local fuel taxes levied in Indian River County and in other counties in the region. As shown in Table 6.3, Saint Lucie, Martin, Okeechobee, and Palm Beach counties all levy the highest allowable fuel taxes at $0.12 per gallon. Those four counties impose both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax. While Indian River County is eligible to levy the Ninth -Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax either by extraordinary vote of the Board of County Commissioners or by voter approval in a countywide referendum, it does not currently levy either tax. At this time, fifty-four of the sixty-seven Florida counties levy the Ninth -Cent Fuel Tax, while thirty-six of the sixty-seven Florida counties impose at least a portion of the One to Five Cent Local Option Fuel Tax. Table 6.3: Local Fuel Tax Rates County One to Six Cent Local Option Fuel Tax One to Five Cent Local Option Fuel Tax Ninth Cent Fuel Tax Total Local Fuel Tax Brevard $0.06 -------- -------- $0.06 Indian River $0.06 -------- -------- $0.06 Martin $0.06 $0.05 $0.01 $0.12 Okeechobee 10.06 $0.05 $0.01 $0.12 Palm Beach $0.06 $0.05 $0.01 $0.12 St. Lucie $0.06 $0.05 $0.01 $0.12 Source: The Florida Legislature's Office of Economic and Demographic Research website: November 2020. Franchise Fee/Tax Counties and municipalities may exercise their home rule authority to impose a fee upon a utility for the grant of a franchise and the privilege of the utility using the local government's rights-of-way to conduct the utility's business. Franchise fees are typically levied through a franchise agreement negotiated between the local government and the utility provider. Indian River County receives franchise revenue from electric, water, sewer, garbage, and cable television franchises. Community Development Department Adopted , 2020, Ordinance 2020-, Figure 6.9: Franchise Fee/Tax Revenue $9,500 by FY$9,448 $9,400 $9,311 $9,300 $9,274 $9,200 $97181 $9,130 $9,124 $9,100 $9,000 $8,900 13/14 14/15 15/16 16/17 17/18 18/19 URevenue (in thousands) Source: Indian River County Finance Exhibit A Indian River County 10 393 Table 6.1 shows that franchise fee revenue represented 3.27% of all funds collected by Indian River County in FY 2018/19. Figure 6.9 shows that since FY 2013/14 franchise fee revenue collected by Indian River County decreased 101%. Other Miscellaneous Revenue Included in this category are various administrative fees, licenses and permits, fines, interest income, rental income, private contributions, and other miscellaneous revenues. This source of revenue for Indian River County represented 4.65% of all funds collected in FY 2018/19. • Borrowing As needed, the county uses borrowing as a financing vehicle to raise money for public purposes that are beyond the realm of current cash reserves, operating revenue and reasonable taxation. Currently, borrowing money to pay for capital improvements can be done through either short-term or long-term financing. Short term financing is usually accomplished by the use of bond pools, notes, private placements with banks, and the public placement of Voted General Obligation debt. Long term financing is usually achieved through the issuance of bonds sold on the public market. According to state law, local governments may sell bonds for capital improvements without a referendum of the voters if the pledge used for the bond is a non -ad valorem revenue source. Conversely, any bond issue pledging ad valorem taxes requires approval through a voter referendum. General Obligation Bonds are bonds that are secured by the full faith and credit of the issuing government. Those bonds are secured by a pledge of the issuer's ad valorem taxing power. According to state law, the amount of ad valorem taxes necessary to pay the debt service on general obligation bonds is not subject to the constitutional property tax millage limits. Such bonds constitute debts of the issuer and require approval through a voter referendum prior to issuance. Revenue bonds are bonds payable from a specific source of revenue, where the full faith and credit of the issuer is not pledged to repay the bonds. Because revenue bonds are payable from identified sources of revenue, bond holders may not compel taxation or legislative appropriation of funds for payment of debt service. Pledged revenues may be derived from operation of financed projects, grants, or other specified non -ad valorem taxes. A public referendum is not required prior to issuance or validation of such obligations. In the past, the county has issued revenue bonds to finance improvements to its sanitary sewer, potable water, and golf course facilities. Also, revenue bonds have been issued to finance the cost of construction of various capital improvement projects. Deposits from bond revenues are put into the respective bond fund accounts for those projects, whereby funds are specifically designated for a particular project, and user charges are used to pay off the debt. 394 Exhibit A Special assessment bonds are bonds issued to pay for capital improvements that impact specific areas or groups of property owners. Proceeds from the assessments levied against benefiting property owners are used to pay off the bond debt. The issuance of those bonds does not need to be approved by voter referendum. Revenue bonds and special assessment bonds are similar in nature, except that special assessment bond debt is paid -off by assessments levied against benefiting property owners and not from ongoing user charges. The county has issued special assessment bonds for solid waste disposal. The issuance of tax anticipation or bond anticipation notes is an example of a short-term (less than five years) method of financing. Notes usually have higher interest rates than bonds and have shorter maturity dates than bonds. Tax anticipation notes are issued in advance of a new fiscal year to cover gaps in the budget before property taxes are received, while bond anticipation notes are issued in anticipation of the receipt by the county of proceeds from the sale of corresponding future bond issues. The county currently has no outstanding tax or bond anticipation notes. Additional Optional Local Revenue Sources Occasionally, the use of additional revenue sources may be necessary, depending on priorities mandated by the Board of County Commissioners and the availability of existing revenue sources. In such cases, Indian River County has two options to increase local revenues. One is to implement new taxes that are permitted by state regulation, while the other is to increase existing taxes and fees that are imposed by the county. Additional local revenue sources available to Indian River County include the Ninth Cent Fuel Tax, the One to Five Cent Local Option Fuel Tax, and the Professional Sports Franchise Facility Tax. Both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax are taxes on the purchase of fuel. With the Ninth Cent Fuel Tax, a one cent per gallon tax on motor fuel and special fuel can be levied on fuel purchases in the county. Revenue from the Ninth Cent Fuel Tax may be shared .with municipalities, but counties are not required by law to share the proceeds. Authorized uses for revenue collected from the Ninth Cent Fuel Tax include paying the costs and expenses of establishing, operating, and maintaining a transportation system and related facilities. Additional uses include funding the acquisition, construction, reconstruction, and maintenance of roads. The One to Five Cent Local Option Fuel Tax is a one to five cents tax that can be levied upon every gallon of motor fuel sold in Indian River County. Revenues from that fuel tax must be shared among all eligible jurisdictions in the county as a result of an interlocal agreement or by an historical transportation expenditures formula. Authorized uses for revenue collected from the One to Five Cent Fuel Tax include transportation expenditures needed to meet the requirements of the Capital Improvements Element of the Comprehensive Plan. 395 Exhibit A A Professional Sports Franchise Facility Tax is a levy of up to I% on any lodging agreement for six months or less. Revenue from this tax may be used to pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility. State Sources Revenue classified as state sources may be generated locally but collected by the state and returned to the county. Table 6.1 displays the state revenue sources. applicable to Indian River County. Those sources are described in further detail below. Local Government Half -Cent Sales Tax The Local Government Half Cent Sales Tax Program allocates 8.9744% of net sales tax proceeds remitted by sales tax dealers in a county to a special account administered by the Department of Revenue; that account is the Local Government Half Cent Sales Tax Clearing Trust Fund. Those funds are then earmarked for distribution to the governing body of the county and each municipality within the county. Distribution of those monies within the county is determined by a formula that uses a weighting factor based on the population of the incorporated and unincorporated areas. and multiplies that factor .by 8.9744% of the sales tax proceeds received by the county. In FY 2018/19, Indian River County received $10 298 000 throu h Figure 6.10: Half Cent SalesTax $12,000 _ e e $9,908 $10,298 $10,000 8,220 685 $9,044 $9,432 $ $8, $8,000 $6,000 $4,000 $2,000 13/14 14/15 15/16 16/17 17/18 18/19 ® Reven ue (in thousands) Source: I nd ian River County Finance Department g the half -cent sales tax. As shown in Table 6. 1, that amount represented 3.69% of all funds collected by Indian River County during the 2018/19 fiscal year. Figure 6.10 displays the funds made available to Indian River County through the half -cent local government sales tax over the last six fiscal years. Overall, Indian River County's half -cent sales tax revenue increased between Fiscal Year 2013/14 and Fiscal Year 2018/19. Occasionally, governments can receive supplemental distributions by meeting special eligibility criteria; however, in no case can the total supplemental and ordinary distribution exceed the maximum per capita amount allowed by law. Governments are allowed wide latitude in using the half cent sales tax. For counties, the law provides only that half cent sales tax revenue be used for countywide tax relief or countywide programs. 396 Exhibit A • County Revenue Sharing The current structure of the county revenue sharing program consists of two revenue sources. Those sources include 2.90% of net cigarette tax collections and 2.0810% of sales and use tax collections. Proceeds are collected by the state and then distributed to eligible counties based. on an allocation formula. There are no use restrictions on the distributed revenue; however, there are some statutory limitations regarding those funds being used as a pledge for indebtedness. To receive distribution proceeds through the county revenue sharing program, counties must meet the following criteria: Figure 6.11: County Revenue Sharing by FY $4,500 $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 1 M MIMM, M 0 $- i 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Deparment (1) Law enforcement officers and firefighters are certified and meet state requirements; (2) Certification .of taxable value for a property tax levy is made in a timely and correct manner to the Department of Revenue; (3) The county's most recent financial reports must have been sent to the Department of Financial Services, and post audits of those statements and accounts must have been provided. Table 6.1 shows that county revenue sharing funds represented 1.44% of all funds collected by Indian River County in FY 2018/19. Figure 6.11 shows that, between Fiscal Year 2013/14 and 2018/19, I d' R' C 1 f IL tan Iver ounty s revenue rom revenue sharing gradually increased. • Constitutional Fuel Tax The constitutional fuel tax is defined as an excise or license tax of two cents per gallon of motor fuel, imposed upon the first sale or first removal from storage (after importation into Florida). Revenues from this levy become state funds at the time of collection by the refiner, importer or wholesaler. In its current form, the constitutional fuel tax is a state -shared revenue source for counties only. Applying a distribution formula, the state allocates Community Development Department FIGURE 6.12: Constitutional Fuel Tax Revenue by FY $1,950 -- $1,916 $1,900 $1,853 $1,850 $1,814 $1,800 $1,766 .$1,750 $1,700 $1,674 $1,650 $1,628 $1,600 $1,550 $1,500 $1,450 13/14 14/15 15/16 16/17 17/18 18/19 0 Revenue (in thousands) Source: I ndian River Cou my Finance Department Indian River County 397 Exhibit A proceeds to counties to the extent necessary to comply with all obligations to or for the benefit of holders of bonds, revenue certificates, and tax anticipation certificates or any refunds secured by any portion of the _tax proceeds. After complying with the necessary debt service obligations, the state distributes a county's surplus funds to its governing body. Table 6.1 shows that revenue received from the constitutional fuel tax levy represented 0.69% of total revenue received by Indian River County in FY 2018/19. Figure 6.12 shows that, over the last six fiscal years, constitutional fuel tax revenue received by Indian River County increased by 1.7.69%. • County Fuel Tax The county fuel tax is levied on motor fuel at the rate of one cent per net gallon. The legislative intent of this tax is to reduce a county's reliance on ad valorem taxes. Funds received from this tax can be used by a county for transportation -related expenses, including the reduction of bond indebtedness incurred for transportation purposes. Table 6.1 shows that funds received through the county fuel tax levy represented 0.30% of all revenue collected by Indian River County in FY 2018/19. Figure 6.13 shows that, over the last six fiscal years, county fuel tax revenue received by Indian River County increased 17.99%. • Alcoholic Beverage License Tax Alcoholic beverage license taxes are levied on manufacturers, distributors, vendors, and sales agencies of alcoholic beverages in Florida. The tax is administered, collected, enforced; and distributed to local governments by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation. Twenty-four percent of the license taxes imposed on the sale of beer, wine and liquor collected within a county is returned to the county Tax Figure 6.13: County Fuel Tax by FY $850 $800 $750 $700 $650 $600 13/14 14/15 15/16 16/17 17/18 18/19 © Revenue (in thousands) Source: Indian River County Finance Department i 398 Exhibit A 398 Exhibit A Collector. The remaining funds are used to operate the division and contribute to the operation of the Office of the Secretary of Business Regulation. Table 6.1 shows that the county received approximately $68,000 from this tax in FY 2018/19, 0.02% of all revenue received by Indian River County. Figure 6.14 shows that, over the last six fiscal years, alcoholic beverage license tax revenue received by Indian River County fluctuated. Distribution of Sales and Use Taxes to Counties According to Florida Statutes, a guaranteed entitlement of $29,915,500 is equally distributed among Florida's sixty-seven counties, providing each county's general revenue fund with $446,500. Table 6.1 shows that revenue received from the Distribution of Sales and Use Taxes represented 0.16% of revenues received by Indian River County in FY 2018/1. Uses for this revenue are determined by the Board of County Commissioners. Mobile Home License Tax An annual license tax is levied on all mobile homes and park trailers, and on all travel trailers and fifth -wheel trailers exceeding thirty- five feet in body length. The license taxes, ranging from $20 to $80 depending on body length, are collected in lieu of ad valorem taxes. The taxes are collected by county tax collectors $110 $108 $106 $104 $102 $100 and remitted to the Department of Highway Safety and Motor Vehicles. From each license, two deductions are made. The first is a deduction of $1.50 by the Department of Highway Safety and Motor Vehicles, with proceeds deposited into the State General Revenue Fund. The second is a deduction of $1.00, with proceeds deposited into the Florida Mobile Home Relocation Trust Fund. The remaining balance is deposited into the License Tax Collection Trust Fund for distribution to units of local government.. A county government is eligible to receive proceeds from this tax if taxable mobile home units are located in its unincorporated area. An authorized use of the proceeds is not specified in the current law. Table 6.1 shows that funds received through the mobile home license tax represented 0.04% of all revenue received by Indian River County in FY 2018/19. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 2013/14 and FY 2018/19. 399 Exhibit A Various Grants Table 6.1 shows that funds received in the form of state grants represented 2.35% of funds received by the county in FY 2018/19. Those state grant funds received by the county originated from the Division of Emergency Management, the Florida Housing Finance Corporation, the Florida Department of State, the Florida Department of Environmental Protection, the Florida Department of Transportation, the Florida Department of Revenue, the Florida Department of Law Enforcement, the Florida Department of Economic Opportunity, and the Florida Department of Health. Federal Sources Federal funds are either granted directly to local governments or passed through state agencies for administration and monitoring. Those grants are usually distributed on a competitive basis rather than by formula allocations, thereby making forecasts of future revenues difficult. For the purpose of revenue forecasts, those sources will be assumed to remain constant. During FY 2018/19 the county received approximately $6,523,000 in federal funds. Those funds represented 2.34% of all funds received by Indian River County in FY 2018/19. Overall Revenue Sources As mandated by state statute, the financial resources of the county are categorized according to the state Chart of Accounts.. The categories in the state Chart of Accounts are taxes, licenses and permits, intergovernmental revenue, charges for services, fines and forfeitures, and miscellaneous revenues. Table 6.4 identifies the total amount of historic revenue generated from those sources for fiscal years 2013/14 through 2018/1.9. Table 6.4: Indian River County General Revenues By Source Fiscal Year Licenses & Intergovernmental Charges for Fines & Miscellaneous Totals Taxes Permits Revenue Services Forfeitures Revenues 2013/2014 $94,585,345 $14,321,389 $30,873,889 $63,414,219 $1,004,374 $4,141,341 $208,340,557 2014/2015 $100,182,672 $18,471,625 $33,624,651 $62,987,961 $924,860 $4,548,434 $220,740,203 2015/2016 $109,101,602 $19,872,044 $33,535027 $62,868,855 $1,708273 $10591490 $237677291 2016/2017 $115,774,419 $19,558,052 $31,587,431 $64,685,312 $1,680,464 $9,058,093 $242,343,771 2017/2018 $125,723,036 $22,425,960 $37,168,177 $67,769,381 $1,739,585 $17,885,999 $272,712,138 2018/2019 $132,706,277 $21,586,692 $33,137,945 $71,070,803 $2,177,709 $18,510,569 $279,189,995 Source: Indian River County Comprehensive Annual Financial Report, 2018/19 & Indian River County Finance Department. Figure 6.16 displays the distribution of revenue by the same categories listed in table 6.4 for each of the last six fiscal years. Community Development Department Indian River County Adopted , 2020, Ordinance 2020- 17 _ 400 Exhibit A Figure 6.16: Distribution of General Revenues By Category 1.99% 2014 0.48°/ 30.44% 14.82% a 6.87% 2017 8.070i 3.740.` 26.69% i. 0.69% 13.03% s Taxes a Charges for Services Expenditures .06% 2015 8.37% 2016 4.46% �■ 0 15.23% i x„26.45% '14.11 % 28.531% # �° -- a 0.72% 8.36% 0.42% 2018 8.22% 13..63% FT 6.56% 24.86% 0.64% B Licenses & Permits ■ Fines & Forfeitures 663% 2019 7.73°/ 26.46% Y: 0.78% 11.87% ❑ intergovernmental Revenue ® Miscellaneous Revenues In the previous sub -section, the various revenue and income sources currently utilized by Indian River County were reviewed. This sub -section of the Capital Improvements Element identifies how those monies are allocated to meet the County's needs. Table 6.5 presents the County's overall general expenditures by category for fiscal years 2013/14 through 2018/19. Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 General Govemment $21,517,147 $23,569,495 $23,028,473 $29,456,693 $30,631,940 $28,825,668 Public Safety $70,368,651 $74,492,323 $81,251,970 $89,841,802 $92,695,363 $94,683,976 Physical Environment $49,893,042 $48,474,272 $49,148,815 $55,578,221 $59,317,463 $65,665,032 Transportation $34,859,058 $29,812,672 $30,991,899 $29,314,242 $31,359,379 $31,224,861 Economic Environment $1,106,886 $436,320 $424,593 $437,031 $426,085 $469,565 Human Services $7,178,542 $7,519,756 $7,868,392 $8,116,910 $9,302,125 $9,511,279 Culture/Recreation $15178,817 $19857,345 $24,240,179 $15891840 $14980225 $21638,673 Court Related $6,487,906 $6,677,909 $6,605,682 $6,755,050 $6,540,045 $7,187,297 Debt Service $5,684,616 $5,446,070 $5,215,007 $5,230,520 $5,270,153 $6,179,835 TOTAL $212,274,665 $216,286,162 1 $228,775,010 1 $240,622,309 $250,522,778 $265,386,186 Source: Indian River County Comprehensive Annual Financial Report 2018/19 Community Development Department Adopted , 2020, Ordinance 2020 - Exhibit A Indian River County 18 401 Table 6.5 shows expenditures in nine categories. Depending on the county's activities in any given fiscal year, the level of expenditures may fluctuate for certain categories. Figure 6.17 displays the percentage distribution of Indian River County's general expenditures over the last six fiscal years. Figure 6.17: General Government Expenditures by Function 2014 23.5% 38.1% 16.4% ar rii .5% Y 3.4% 10.1% 2.7% 3.1% 7.2% 2015 52.5%. 4.4 /0 22.4% ` 10.9% 13.8% 0.2 /o3.1% 9.2% 3.5% ° 2016 21.5% 10.1% ? 10.6% . 2.3% I 13.5% 2.9% 3.4% 0.2% 12.2% 2017 12.2% 2018 2019 _ 37.3% 37.0% 24.7% � ° r • _ ,,,•..' 23.7°/ 3�.%7tl/o �..w i 23.1/0 �- o % 2.2/0 6.6% 12.2%< 2.1% .0% e o 2.8% 12.5 /o ' `- 10.9 /o8.2/a 3.4% 0.2°/" 2.6% 0.2% 3.713% 0.2% o 2.3 /0 2.7% 3.6% B General GoNemment ® Transportation B Culture/ Recreation ® Public Safety o Physical En\Aronment m Economic Environment ® Human Services m Court Related p Debt Service A major classification of services provided by Indian River County, the general government expenditure category, consists of activities undertaken by the legislative and administrative branches of the county government. Departments such as the Board of County Commissioners, County Administrator, Personnel, and Purchasing fall into this category, as do all Constitutional Officers, except the Sheriff. As shown in table 6.5, $28,825,668 was spent on general government services in FY 2018/19. Between fiscal years 2013/14 and 2018/19, general government expenditures increased by 33.97%. In FY 2018/19, general government services represented 10.86% of all county expenses. Public Safety The Sheriff's Department, Fire Services, Advanced Life Support, Emergency Management, and the Medical Examiner fall under the category of Public Safety. As shown in table 6.5, the county, in FY 2018/19, spent $94,683,976 for public safety services. Since FY 2013/14, public safety expenditures have increased by 34.55%. Public safety represented 35.68% of all county expenses in FY 2018/19. 402 Exhibit A Physical Environment The physical environment classification encompasses the county's water and waste water utilities, the Solid Waste Disposal District (SWDD), the Soil and Water Conservation District, and the Environmentally Sensitive Land Acquisition Fund. Table 6.5 shows that $65,665,032 was spent on these activities in FY 2018/19. Since FY 2013/14, physical environment expenditures have increased by 31.61 %. Physical environment services represented 24.74% of all county expenses in FY 2018/19. Transportation Departments under the transportation category include Road and Bridge, County Engineering, Secondary Roads Construction, and Traffic Engineering. Those departments are responsible for designing, constructing, overseeing, and maintaining the county's roads and drainage systems. As shown in table 6.5, the county spent $31,224,861 on transportation facilities in FY 2018/19. Since FY 2013/14, transportation expenditures have decreased by 10.43%. Transportation expenses represented 11.77% of all county expenses in FY 2018/19. Economic Environment Included in the economic environment category are the costs of providing services which develop and improve the economic condition of the community and its citizens. Up to June 30, 2011, Veteran Services, the Housing Authority, and the Economic Development Division of the Indian River County Chamber of Commerce primarily undertook that function. On July 1, 2011, the Housing Authority was officially separated from the County; consequently, its expenditures are no longer reported here. Table 6.5 shows that $469,565 was spent on economic environment services in FY 2018/19. Since FY 2013/14, economic environment expenditures have decreased by 57.58%. Economic environment expenses represented 0.18% of all county expenses in FY2018/19. Higher expenses between FY 2011/12 and FY 2013/14 were the result of expenditure of Neighborhood Stabilization Program Community Development Block Grant funds, one time grants provided to lessen the negative effects of the economic downturn/recession and housing collapse. Human Services Human Services cover the cost of providing services for the care, treatment, and control of human illness, injury or disabilities, and for the welfare of the community as a whole and its individuals. The Health Department, Welfare, Medicaid, and Children's Services fall into this category. Table 6.5 shows that the County spent $9,511,279 on human services in FY 2018/19. Since FY 2013/14, human services expenditures have increased by 32.50%. Human Services represented 3.58% of all county expenses in FY 2018/19. 403 Exhibit A Culture/Recreation All costs associated with providing and maintaining cultural and recreational facilities and activities for the benefit of citizens and visitors fit into this category. County libraries, parks, recreation operations, and the golf course are included here. As shown in table 6.5, the County spent $21,638,673 on those services in FY 2018/19. Since FY 2013/14, cultural/recreation expenditures have increased by 42.56%. Culture/recreation expenses represented 8.15% of all County expenses in FY 2018/19. Court Related All costs of operating the judicial branch of Indian River County Government are classified here. That category includes the County Court, Circuit Court, State Attorney's Office and Public Defender. As shown in table 6.5, expenditures from that category totaled $7,187,297 in FY 2018/19. Between fiscal years 2013/14 and 2018/19, Court Related expenditures increased by 10.71%. Court Related costs represented 2.71% of all county expenses in FY 2018/19. Debt Service Debt service consists of interest and payments made by the county on its debt. That figure includes principal retirement, interest and other miscellaneous debt service. As table 6.5 indicates, total County debt service expenditures were $6,179,835 in FY 2018/19. Since FY 2013/14, debt service expenditures have increased by 8.71%. Debt service expenses represented 2.33% of all County expenses in FY 2018/19. Existing Outstanding Debt At the end of FY 2019/20, Indian River County's outstanding debt, comprised of revenue bonds and general obligation bonds, stood at $5,997,000. That is shown in table 6.6. Currently, Enterprise Funds comprise 35.55% of the overall debt (Utility Dept), leaving $3,865,000 in bonds paid from general governmental funds. In November 2001, Indian River County issued the remaining $11,000,000 of the $26,000,000 Environmentally Sensitive Land Acquisition general obligation bonds originally approved by voters in 1992. Also in 2001, the County issued $16,810,000 in Spring Training Facility Bonds to finance the acquisition and expansion of the Dodgertown spring training facility (now known as Historic Dodgertown). In 2004, Indian River County voters approved the issuance of up to an additional $50,000,000 in Environmentally Sensitive Land Acquisition general obligation bonds. As a result, Indian River County issued $48,600,000 in Environmentally Sensitive Land Acquisition general obligation bonds in 2006. While the county refinanced its 1996 Series Water and Sewer Bonds in 2005 and the majority of its 1993 Series A Water and Sewer Bonds in 2009, the County retained a portion of the 404 Exhibit A 1993 Series A Water and Sewer Bonds with a maturity of 2011 because it was more cost efficient than rolling the entire amount into the 2009 Water and Sewer Bonds. That portion of the water and sewer bond has since been paid off. More recently, in 2015 the 2005 Series Water and Sewer Revenue Bonds and the 2006 Series Environmental Lands Acquisition Bonds were refinanced. Those bonds were refinanced to take advantage of better interest rates. In addition, the debt issuance for the 2009 series Water and Sewer Bonds were paid off and the Spring Training Facility bonds were partially paid off during fiscal year 2018/19, and the Environmental Lands Acquisition 2015 Series were paid off during fiscal year2019/20. This has substantially decreased the County's total bond debt. Table 6.6: Indian River County Existing Long Term Debt Amount Average Initial Amount Remaining Interest Rate Final Maturity Bond Rating Security Pledge an09/30/2020 Water & Sewer Revenue Bonds: 2015 Series $7,171,000 $2,132,000 1.65% 2022 N/A Water & Sewer Revenues Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $3,865,000 4.87% 2031 AAA/FGIC State Funds & Tourist Tax $5,997,000 Total Bonds Outstanding Source: Indian River County Budget 2020/21. Local Policies and Practices As part of the capital improvements planning process, it is important to do an inventory of current Indian River County policies and practices that guide the timing, location, expansion, or increase in capacity of capital facilities. Those policies and practices relate to the county's existing level -of - service standards, impact fee programs, comprehensive plan, and enterprise fund accounts. Existing Level -of -Service Standards Level -of -service (LOS) standards are indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level -of -service standards indicate the capacity per unit of demand of each public facility. Level -of -service standards can affect the timing and location of development by guiding development to areas where facilities may have excess capacity. Indian River County has level -of -service standards for capital facilities as follows: ➢ Correctional Facilities (Countywide) 405 Exhibit A • 4.5 beds per 1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS (Countywide, excluding Indian River Shores) • .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement (Unincorporated County) • 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries (Countywide) • 580 building square feet per 1,000 permanent plus weighted peak seasonal population • 3,200 library material items per 1,000 permanent plus weighted peak seasonal population • 0.7 computers per 1,000 permanent plus weighted peak seasonal population • 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Potable Water (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Public Buildings (Countywide) • 1.99 building square feet per capita for permanent plus weighted peak seasonal population ➢ Parks/Recreation (Unincorporated County) • 6.61 acres per 1,000 permanent plus weighted peak seasonal population ➢ Sanitary Sewer (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Schools (School Service Area): • 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Solid Waste (Countywide) • 2.2 tons per capita per year or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year ➢ Stormwater Management • New drainage systems shall mitigate the impacts of a 25 year/24 hour design rainfall event Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local roads 406 Exhibit A The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year/24 hour storm event on Arterial and Collector roads All drainage basins will meet the following level -of -service standards: • By 2000 - 2 year/24 hour storm event • By 2005 - 5 year/24 hour storm event • By 2010 - 10 year/24 hour storm event ➢ Transportation (Roadways) • Level -of -Service "D" during peak hour, peak season, and peak direction conditions on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service `B" plus 20%: • 27th Ave — South County Line to SR 60 • 43rd Ave - Oslo Road to 16th Street For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. ➢ Transit One-hour headways shall be maintained on all fixed transit routes Level -of -service standards are discussed in further detail in individual Comprehensive Plan Elements. Asset-based level of service standards for impact fee calculation purposes are provided in the Impact Fee Ordinance (Title X). Capital Improvements Program A capital improvements program (CIP) is a list of capital expenditures to be incurred each year over a fixed period of years to meet anticipated capital needs. In Indian River County, the CIP identifies the projects that the County plans to undertake in the next five years and presents an estimate of the costs and the resources needed to finance the projects. Revenue sources within the first year of the CIP reflect current fund balances as well as anticipated annual revenue collection. Within the first three years of the CIP, projects are funded entirely with "committed" revenue sources. "Committed" revenue sources are revenue sources that currently exist. Projects in years four and five of the CIP may be funded partially through "planned" revenue sources. "Planned" revenue sources are sources available to the County that have not been utilized. The Capital Improvements Element (CIE) itself consolidates the capital improvements needs of all elements of the Comprehensive Plan into an overall five-year Capital Improvements Schedule. The overall program lists the needs, costs, timeframes, priorities, and the necessary financial resources to implement the identified capital improvement projects in the various elements of the plan in the next five years. 407 Exhibit A Impact Fees/Capacity Charges Impact fees are charges to developers for off-site improvements that must be provided by the local government to serve new development. That financing technique is one strategy that the County uses to implement the CIE. Currently, the County has nine impact fees in place; those are traffic impact fees, which became effective in 1986, and eight additional impact fees which became effective in June of 2005. Those eight impact fees are assessed for the following service delivery categories: solid waste, public schools, fire/ems, parks and recreation, correctional facilities, law enforcement, libraries, and public buildings. In 2009, the Board of County Commissioners (BCC) voted to suspend five of the nine impact fees for a period of six months. Their intent in doing so was to help encourage development during the economic recession. Since then, the BCC has voted several times to maintain the suspension of at least three of the impact fees. Most recently, the Board of County Commissioners completed a review of all impact fees, and on April 22, 2014 adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014 and adopted a revised residential impact fee schedule on October 14, 2014 with an effective date of February 2, 2015. For the new impact fee schedule, the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. In October 1999, the county's water and sewer impact fees were reclassified as capacity charges. A capacity charge is a fee charged to the direct beneficiaries of water and sewer improvements in order to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers. Enterprise Funds Enterprise funds are used to account for operations financed and operated in a manner similar to private businesses, when the intent of the governing body is that the full costs of providing the service to the general public on a continuing basis be financed or recovered primarily through user charges. Currently, the County operates its solid waste services, golf course facility, building division services, and utility services as enterprise funds. As a tool for affecting the timing and location of development, user charges may be designated to vary with the quantity and location of the service provided. Thus, charges could be greater for providing services further from urban areas and less for distances closer to urban areas. In this way, user charges could affect the economics of development locating further away from urban areas. Analysis The analysis section of this element assesses the County's historic and projected revenue and expenditure patterns to determine the County's fiscal ability to provide adequate capital improvements. Those capital improvements have been identified in other comprehensive plan elements and are needed to meet the demands of existing and future development. 408 Exhibit A As part of this analysis, revenue and expenditure projections are identified and analyzed, and a fiscal assessment of needs (costs) versus projected available revenue is included. Analysis of the Timing and Location of Capital Improvements Objectives and policies from the Future Land Use Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, Recreation and Open Space Element, Public School Facilities Element, and the Transportation Element, as well as policies followed by the Sheriff's office and County departments such as Emergency Management, Corrections, Libraries, and Solid Waste, have the most direct effect on the timing and location of capital improvements. Through planning for future improvements to the transportation system, the Transportation Element directly affects the development potential of property. Also affecting the development potential of property are the water and sewer connection requirements and the availability of parks, and public school capacity. Within the Future Land Use Element (FLUE), the assignment of land use density and intensity, as well as the urban service area regulations, affect the timing and location of capital improvements. Consistent with the FLUE and urban service area requirements in the County's comprehensive plan, the County provides public facilities and services to promote compact development by emphasizing infill development in urban areas and maximizing the efficiency of existing facilities and services in underutilized areas. The FLUE also limits urban sprawl and ensures that adequate facilities will be present to accommodate future growth. Maximizing the use of existing facilities and controlling urban sprawl will contribute to a cost-effective and efficient service delivery system. Using the County's official Future Land Use Map and Future Thoroughfare Plan Map, as well as the County's water and wastewater connection matrix, in planning for future locations of facilities provides for efficient and orderly expansion of public facilities, provides for efficient growth in desired areas, discourages growth in undesirable areas, and protects environmentally sensitive lands. Consistent with that policy, development orders are issued only after a determination is made that adequate public facilities and services will be available to meet the demand of new development. Overall, the objectives of the FLUE, Transportation Element, Parks and Recreation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and the Public School Facilities Element are furthered by the extension of facilities and services in a logical and efficient manner. That is accomplished by implementing the adopted Capital Improvements Element and its corresponding Schedule of Capital Improvements. Successful and efficient implementation of those items ensures that facilities and services will be in place concurrent with future demand. If a capital improvements project is not included in the adopted Schedule of Capital Improvements and the improvement is required to maintain adopted level -of -service standards, future development will be prohibited until the necessary facilities are in place. That, in effect, indirectly controls the 409 Exhibit A timing and location of future development and, in turn, furthers the implementation of the Future Land Use Element and Transportation Element objectives. Appendix A constitutes the County's five year schedule of capital improvements. The purpose of the CIP is to ensure that improvements to existing facilities and construction of new facilities are completed as needed. By implementing the five year schedule of capital improvements, the county will ensure that appropriate areas will be served by needed facilities, thus maintaining adopted levels of service. Besides implementing the components of this element, the County coordinates with the St. Johns River Water Management District (SJRWMD) and the various state agencies, such as the Florida Department of Transportation, when those agencies program facility or service improvements within Indian River County. The continuation of that coordination will ensure that the plans of state agencies and the SJRWMD will be consistent with the Comprehensive Plan and the timing and location of capital improvements as identified in the CIE. Forecasted Revenues In order to develop a financially feasible schedule of capital improvements, projected revenues over the five-year CIP time period are calculated. Those revenues are then compared to anticipated expenditures on capital improvements. For the first three years of the plan, only committed and available revenue sources are utilized. In developing revenue estimates for that process, the County considers historic revenue trends, current and anticipated economic conditions, population and growth trends, legislative changes, and any other factors that may impact future revenue streams. That analysis is far more complex than projecting prior trends into the future. That is evident in the forecasted revenues shown in this section. Since the start of the decline of the housing boom and throughout the economic recession that followed, there was a gradual decrease in most of the County's revenue sources. Forecasts show for all CIP revenue sources except "Other Sources", an increase in total revenue through FY 2024/25, of 10.38%. The "Other Sources" category included revenue sources such as grants that can vary year to year. Many of the revenue sources identified in the CIP have unique characteristics. For example, sales taxes react differently than gas taxes to similar circumstances. The analysis accounts for such differences. Because gas taxes are levied on a per gallon basis rather than a price percentage basis like the sales tax, gas taxes do not increase as a result of rising prices the way that sales taxes do. Further, gas taxes do not typically decline as significantly as sales taxes during economic slowdowns. For property taxes, impact fees, user fees, interest earnings, and other revenues, additional behavioral characteristics were considered in forecasting future receipts. All such forecasts were developed with the use of professionally accepted methodologies. To ensure a 410 Exhibit A financially balanced CIP (see Appendix A), scheduled expenditures were constrained by projected revenues. As part of this capital improvements element, the County's general revenues were forecasted for fiscal years 2020/21 through 2024/25. This section addresses general revenues and earmarked projected revenues as well as the county's tax base and millage rate projections. Overall Forecasted Revenues Table 6.7 summarizes the County's forecasted revenue for fiscal years 2020/21 through 2024/25. Those revenues include the County's general governmental funds, enterprise funds, and internal funds. As table 6.7 shows, general revenue collected by the County is forecast to decrease from fiscal year 2020/21 to fiscal year 2024/25 with revenues from "Other Sources" such as grants decreasing. Projecting a decrease in grant funding due to uncertainty of future grants is a conservative approach. Actual grant funding may be greater than projected. Table 6.7: Overall General Revenue Projection Summary F, 2020/21 2021/22 2022/23 2023/24 2024/25 TOTAL Taxes $144,096,301 $147,699,000 $151,391,000 $155,176,000 $159,055,000 $757,417,301 Permits, Fees & Special Assess. $35,026,636 $35,902,000 $36,800,000 $37,720,000 $38,663,000 $184,111,636 Intergovern- ment $41,903,798 $42,951,000 $44,025,000 $45,126,000 $46,254,000 $220,259,798 Charges for Services $87,913,285 $90,111,000 $92,364,000 $94,673,000 $97,040,000 $462,101,285 Judgements, Fines & Forfeitures $463,620 $475,000 $487,000 $499,000 $511,000 $2,435,620 Interest & Misc. $9,355,964 $9,590,000 $9,830,000 $10,076,000 $10,328,000 $49,179,964 Other Sources $152,369,061.00 $113,646,186 $75,939,017 $69,047,203 $55,316,793 $466,318,260.00 TOTAL $471,128,665 $440,374,186 $410,836,017 $412,317,203 $407,167,793 $2,141,823,864 Source: Indian River County Office of Management and Budget. Earmarked Projected Revenues Earmarked revenues are revenues that are restricted in terms of use. Such revenues may be found in the Transportation Element, Sanitary Sewer Sub -Element, Potable Water Sub -Element, and Solid Waste Sub -Element. 411 Exhibit A Table 6.8 provides a summary of earmarked revenue forecasts by applicable comprehensive plan element for fiscal years 2020/21 through 2024/25. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Earmarked forecasted transportation revenues are expected to increase by 4.65% over the next five fiscal years, from $27,058,360 in FY 2020/21 to $28,316,590 in FY 2024/25. For potable water and sanitary sewer, earmarked revenue is expected to increase by 10.38% over the next five fiscal years, from $37,539,317 in FY 2020/21 to $41,437,000 in FY 2024/25. Over the next five years, earmarked revenue for solid waste is expected to increase by 10.38% from $17,926,067 in FY 2020/21 to $19,787,000 in FY 2024/25. Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Transportation Potable Local Constitution County Traffic 1 cent Interest on Fiscal Year Water & Sanitary Solid Waste Option Gas al Gas Tax Gas Tax Impact Fee optional Gas Tax TORI Sewer Tax sales tax 2020/21 $3,240000 $1,690,133 $733,500 $4,264,727 $17,100,000 $30,000 $27058360 $37,539,317 $17,926,067 2021/22 $3,078,000 $1,707,000 $741,000 $4,350,000 $17,442,000 $30,000 $27,348,000 $18,374,000 _$38,478,000 2022/23 $2,924,100 $1,724,000 $748,000 $4437,000 $17,790,840 $30,000 $27,653,940 $39,440,000 $18833000 2023/24 $2,777,895 $1,741000 $755,000 $4526,000 $18,146,657 $30,000 $27,976,552 $40,426,000 $19,304000 2024/25 $2,639,000 $1,758,000 1 $763,000 $4,617000 $18,509590 $30,000 $28,316,590 $41,437,000 $19,787,000 Source: Indian River County Office of Management and Budget. • Tax Base, Assessment Ratio, Millage Rate Table 6.9 summarizes the county's tax base forecasts which are categorized by fund through FY 2024/25. Overall, the countywide ad valorem tax base is the same as the general fund category identified in table 6.9. 412 Exhibit A Table 6.9: Indian River County Tax Base and Millage Projections Fiscal Year General Fund M. S.T.U. Emergency Services District Tax Base Millage Tax Base Millage Tax Base Millage 2020/21 $19,554,311,003 3.5475 $10,850,206,261 1.1506 $16,067,904,609 2.3531 2021/22 $20,140,940,333 3.5475 $11,175.712,449 1.1506 $16,549,941,747 2.3531 2022/23 $20,745,168,543 3.5475 $11,510,983,822 1.1506 $17,046,439,999 2.3531 2023/24 $21,367,523,599 3.5475 $11,856,313,337 1.1506 $17,557,833,199 2.3531 2024/25 $22,008,549,307 3.5475 $12,212,002,737 1.1506 $18,084,568;195 2.3531 Source: Indian River County Office of Management and Budget. As shown in table 6.9, the county has a Municipal Service Taxing Unit (.MSTU) and an emergency services district, each with a separate millage. Changes to the Capital Improvements Program Overall, County revenue sources except "Other Sources" are expected to increase at a total rate of 10.38% from 2020/21 through Fiscal Year 2024/25 and all County revenue sources except for Judgements, Fines Forfeitures are projected to be above what was previously forecasted in the prior year's Capital Improvements Program. With respect to the "Other Sources" funds, the decreasing yearly amount is due to uncertainty in grant funds, as that funding source is dependent on a number of factors including but not limited to economic conditions, and the competitiveness of grant applications. With this year's update, some projects have had their timeframes extended and some have had their funding sources changed as priorities have shifted, and projects previously underfunded have been designated to receive additional projected funding from sources that have become available. This includes projected increased revenue from assessments and user fees, gas taxes, various impact fees, and developer funded construction projects due to projected increased development activity and continually improving market conditions. While some project time frames have been extended, none of the extensions will impact development project concurrency reservations. By extending the timeframe of transportation projects, the County can utilize its limited resources to complete priority concurrency related projects within the overall capital improvements program. In effect, the County needs to delay some projects so that other projects will remain fundable and so that additional priority projects may be funded. By funding necessary projects and other priority projects, and by extending the time frames for other projects, the County is maintaining a financially feasible capital improvements element. 413 Exhibit A As allowed by state law, the County can consider the additional capacity to be produced by those anticipated nearer term roadway improvement projects as being available now for concurrency purposes. As such, a development project impacting a deficient link can proceed despite the deficient link, where a roadway improvement project for the deficient link will be under construction no later than three years after issuance of the first building permit for the development project. Needs Assessment' Based on public facility requirements identified in the other comprehensive plan elements, this needs assessment identifies the capital improvements required to provide sufficient infrastructure to meet proposed levels of service for existing and new development. For purposes of the CIE, a capital improvement is a substantial facility (land, building or major equipment) that costs at least $100,000 and may be paid for in phases. Table 6.10 identifies capital improvement needs through fiscal year 2024/25 for coastal management, conservation & aquifer recharge, emergency services, general services, law enforcement & corrections, recreation and open space, stormwater management, sanitary sewer and potable water, solid waste, transportation, and public schools. Appendix A provides a detailed list of projects associated with each of the comprehensive plan elements as well as those projects associated with individual department capital improvements programs. Not included in Appendix A are projects associated with the Public School Facilities Element. Those projects are found in Appendix C. Detailed capital improvement schedules, which list each improvement project, are provided in each applicable Comprehensive Plan Element or within individual master plans for the respective governmental service. Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 2020/21 2021/22 2022/23 2023/24 2024/25 Total Coastal Management $14,800,000 $21,700,00 $0 $0 $0 $36,500,000 Conservation & Aquifer Recharge $4,516,396 $1,350,000 $2,100,000 $3,150,000 $1,350,000 $12,466,396 Emergency Services $11,795,316 $2,570,000 $2,500,000 $2,925,000 $1,950,000 $21,740,316 General Services/Facilities Management $7,689,470 $5,325,000 $3,935,000 $1,750,000 $575,000 $19,274,470 Law Enforcement & Corrections $850,000 $3,550,000 $5,155,000 $0 $0 $9,555,000 Recreation & Open Space $5,806,295 $2,950,000 $1,650,000 $1,350,000 $2,200,000 $13,956,295 Sanitary Sewer & Potable Water $24,074,391 $19,512,809 $4,954,496 $19,952,233 $26,910,000 $95,403,929 Solid Waste $6,300,000 1 $0 1 $0 1 $9,500,000 $0 1 $15,800,000 Stormwater Management $7,350,000 1 $5,300,000 1 $400,000 1 $1,700,000 $1,700,000 1 $16,450,000 414 Exhibit A Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 2020/21 2021/22 2022/23 2023/24 2024/25 Total Transportation $57,608,569 $39,594,377 $40,314,771 $18,386,220 $10,101,043 $166,004980 Total $140 790,437 $101,852,186 $61009,267 $58,713,453 $44,786,043 $407,151,386 Public School Facilities* $13,567,291 $14,774,115 $23,224,301 $17,676,378 $19,096,132 $88,338,217 *The School District of Indian River County has the fiscal responsibility for capital improvement expenditures for public school facilities. Figure 6.18 graphically displays the forecasted capital improvements expenditures for the County during the next five fiscal years. As indicated, the sum of the total projected costs for each of the elements for the five year period is $407,151,386. Some public facilities, such as public education and health systems, are provided countywide, but are not the fiscal responsibility of the County. The County, however, is required by state statutes to provide some funds to the Indian River County Health Department (IRCHD). Consistent with state law, the Secretary of the Florida Department of Health appoints the administrator of the IRCHD with the concurrence of the Board of County Commissioners. The IRCHD maintains its financial records, and prepares its own financial report separate from the county. In the Public School Facilities Element of the County's comprehensive plan, there is an analysis and description of public schools. Based on general locational criteria for public schools, it is assumed that any new facilities which may be constructed in the County by 2024/25 will be located within existing infrastructure service areas or designated expansion areas. Therefore, those systems may be considered to be adequately served by appropriate infrastructure. 415 Exhibit A . 0000... •.�1 1u1 111 . 0000... . . n11 111 0 101 11.1 $0 Figure 6.98: Future Capital Improvement Expenditures FY 2020/21 FY 2021/22 OCoastal Management o Emergency Services ©Law Enforcement ■ Sanitary Sewer & Potable Water C3 Stormwater Management Source: Indian River County Ottice of Management and Budget. Fiscal Assessment FY 2022/23 FY 2023/24 FY 2024/25 laConservation and Aquifer Recharge e Facilities Management ■ Parks and Recreation a Solid Waste This section examines the County's ability to fund the capital improvements listed in table 6.10, with the exception of public school facilities, and assesses whether sufficient revenue will be available within the existing budget framework utilized by the County to fund the needed improvements at the time that those improvements will be required. This assessment process consists of forecasting future revenue receipts and comparing those receipts to anticipated expenditures. With this process, it is possible to quantify annual revenue surpluses and shortfalls, providing a basis for examining opportunities for financing needed capital improvements. The expenditure estimates include operating costs. For the public school facilities listed in table 6.10, the School District of Indian River County is responsible for funding the capital improvements. The School District's adopted "Summary of Capital Improvements Program" (Appendix C) and "Summary of Estimated Revenue" (Appendix D) provide a detailed review of the financial feasibility of the School District's Five Year Capital Plan. 416 Exhibit A Projected Expenditures Table 6.11 shows the County's projected expenditures for fiscal years 2020/2021 through 2024/2025. By fiscal year 2024/25, the County is forecasted to have annual expenditures totaling $407,167,793. In FY 2024/25, the category projected to have the largest expenditures is the Public Safety category with $1.16,518,000 in expenditures. For the five-year period beginning in fiscal year 2020/21 and ending in fiscal year 2024/25, the County's expenditures are forecast to decrease by 1.35%. Table 6.11: Indian River County Overall General Expenditures Projection Summary FY 2020/21 2021/22 2022/23 2023/24 2024/25 General Gov't. Services $71,623,359 $70,857,000 $71,105,000 $70,599,000 $71,145,000 Public Safety $116,438,323 $112,508,000 $116,703,000 $114,699,000 $116,518,000 Physical Environment $103,275,377 $88,722,809 $71,578,496 $100,029,233 $97,330,000 Transportation $77,716,372 $60,204,377 $61,439,771 $40,039,220 $32,295,043 Economic Environment $521,535 $535,000 $548,000 $562,000 $576,000 Human Services $10,061,662 $10,313,000 $10,571000 $10,835000 $11,106000 Culture/Recreation $50,860,473 $55,661,000 $33,436,000 $33,931,000. $35,596,000 Debt Service $499,013 $483,000 $482,750 $486,750 $484,750 Other $40,132,551 $41,090,000 $44,972,000 $41,136,000 $42,117,000 TOTAL $471,128,665 $440,374,186 $410,836,017 $412,317,203 $407,167,793 Source: Indian River County Office of Management and Budget. Earmarked Projected Expenditures Table 6.12 identifies the projected expenditures for the water, sewer, and solid waste enterprise funds for fiscal years 2020/21 through 2024/25. Those expenditures include operating expenses and other expenses for each year. According to law, all revenues from capacity charges must be spent on infrastructure improvements that benefit the payer of the capacity charge. Therefore, capacity charge revenue and expenditure amounts increase and decrease with development. For that reason, forecasting capacity charge revenues and expenditures is difficult. That system, however, ensures that new development will not reduce levels of service below County minimums. 417 Exhibit A Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste Fiscal Year Potable Water & Sanitary Sewer Solid Waste 20120/21 $61,613,708 $24,226,067 2021/22 $57,990,809 $18,374,000 2022/23 $44,394,496 $18,833,000 2023/24 $60,378,233 $28,804,000 2024/25 $68,347,000 $19,787,000 Source: Indian River County Office of Management and Budget. Table 6.12 shows that, in FY 2024/25, the forecast expenses for potable water and sanitary sewer services are expected to be $68,347,000. That is an increase of 10.92% from the FY 2020/21 forecast expenses of $61,613,708. Table 6.12 also shows�that, in FY 2024/25, the projected expenses for solid waste services are expected to be $19,787,000. That is a decrease of 18.32% from the FY 2020/21 projected figure of $24,226,067. Operating Cost Projections Table 6.1.3 provides forecasts of overall operating costs for the County for fiscal years 2020/21. through 2024/25. In fiscal year 2024/25, the County is forecast to incur approximately $320,264,750 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to increase 10.35% between 2020/21 and 2024/25. Table 6.13: Indian River Countv Overall Operating Cost Projections Fiscal Year Total Operating Costs 2020/21 $290,205,677 2021/22 $297,432,000 2022/23 $304,854,750 2023/24 $312,467,750 2024/25 $320,264,750 Source: Indian River County Office of Management and Budget Projected Debt Capacity Debt Financing is one way that the county has provided for its capital facility needs. The primary rationale for providing capital facilities through indebtedness is that it spreads the cost of a facility over its useful life and thus is paid for by those who will use the facility. Table 6.14 identifies the amount of revenue that the County can raise by issuing revenue bonds. Those bonds can be issued without a public vote. That table identifies the County's bonding capacity for 10, 20, and 30 years. As table 6.14 indicates, the County's available bonding capacity for a 10 year issue is $233,400,000 while its bonding capacity for a 30 year issue is $585,800,000. 418 Exhibit A Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 1.40%) Twenty Years (Bond Interest Rate 1.80%) Thirty Years (Bond Interest Rate @ 2.0%) Half Cent Sales Tax $80,000,000 $149,000,000 $205,300,000 Gas Taxes $55,600,000 $100,900,000 $137,800,000 Tourist Tax $18,000,000 $32,800,000 $44,800,000 County Revenue Program First Guaranteed Entitlement $2,000,000 $3,600,000 $4,900,000 County Revenue Program Second Guaranteed Entitlement $4,100,000 $7,400,000 $10,100,000 Sub -Total $159,700,000 1 $293,700,000--1 $402,900,000 Possible Pledge Sources Franchise Fees $43,200,000 $78,500,000 $107,200,000 Road Impact Fees $30,500,000 $55,500,000 $75,700,000 Sub -Total $73,700,000 $134,000,000 $182,900,000 TOTAL $233,400,000 $427,700,000 $585,800,000 'Rates are comparable term AAA rated municipal bond yields as of 9/25/2020. Source: Indian River County Office of Management and Budget. Debt Service Obligations In table 6.15, the County's debt service obligations for current and anticipated bond issues are summarized. Debt service is payment of principal and interest on obligations resulting from the issuance of bonds. As table 6.15 indicates, the County's major anticipated outstanding debts are for water and sewer revenue bonds, and spring training facility revenue bonds. Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,170,000 2001 Series 4.87% $16,810,000 2020 Interest $52,371 $209,238 1 Principal $1,042,000 $290,000 419 Exhibit A Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,170,000 2001 Series 4.87% $16,810000 Total $1,094,371 $499,238 Balance $2,132,000 $32865,000 2021 Interest $35178 $194013 Principal $1,058,000 $305,000 Total $1,093,178 $499,013 Balance $1,074,000 $3,560,000 2022 Interest $17,721 $178,000 Principal $1,074,000 $305,000 Total $1,091,721 $483,000 Balance $0 $3,255,000 2023 Interest $162,750 Principal $320,000 Total $482,750 Balance $2,935,000 2024 Interest $146,750 Principal $340,000 Total $486,750 Balance $2,595,000 2025 Interest $129,750 Principal $355,000 Total $484,750 Balance $2,240,000 2026 Interest $112,000 Princi al $375,000 Total $487,000 Balance $1,865,000 2027 Interest $93,250 Principal $390,000 Total $483,250 Balance $1,475,000 2028 Interest $73,750 Principal $410,000 Total $483,750 Balance $1065,000 2029 Interest $53,250 Principal $430,000 Total $483,250 420 Exhibit A Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,170,000 2001 Series 4.87% $16,810,000 Balance $635,000 2030 Interest $31,750 Principal $455,000 Total $486,750 Balance $180,000 2031 Interest $9,000 Principal $180,000 Total $189,000 Balance $0 Source: Indian River County Office of Management and Budget. Fiscal Assessment Summary This section provides an analysis of the County's revenues and expenditures for its capital improvement needs for the five-year period beginning in FY 2020/21 and ending in FY 2024/25. While Appendix A details all of the capital improvement projects for the next five fiscal years for each individual comprehensive plan element by cost, timeframe, and revenue source(s), Table 6.7 provides general revenue projections for the County through fiscal year 2024/25. As shown in Table 6.7, the County will generate $2,141,823,864 in revenues from general funds, enterprise funds, and internal funds from fiscal year 2020/21 to fiscal year 2024/25. Sources of those funds include sales taxes, property taxes, grants, impact fees, and other revenues. The funding needed for the capital improvements listed within Appendix A will come from that $2,141,823,864. Overall, the County will have enough revenue to cover the costs associated with the five year capital improvements program. For all projects contained within the County's Capital Improvements project list, the total estimated cost is $407,151,386 for the next five fiscal years. This is 19.00% of the overall general fund revenues for the same time period. 421 Exhibit A Concurrency Management Plan To ensure that level -of -service standards are maintained, it is necessary to have a system in place that provides the criteria for measuring facility capacity, assessing development demand on applicable facilities, and monitoring service levels for applicable facilities. That system will set the parameters for issuing development orders consistent with level -of -service standards. While this concurrency management plan sets policies and establishes a process, the specific application of this system is through the County's land development regulations. As per state requirements, those regulations .define the details of the concurrency management system and establish its administrative requirements. The major purpose of the concurrency management system is to detail the specifics of implementing the County's level -of -service standards. For that reason, the concurrency management system must apply to all development activity in the County. The system must then identify the applicable standards for each facility, the geographic scope of each facility, and the method of monitoring facility capacity changes. Most importantly, this system must specify when facilities are considered available. Project Applicability All development orders issued by the County and identified below must comply with the concurrency management plan and meet level -of -service standards. Development orders are County approvals for construction and/or land development activity. Specifically, development orders consist of the following: comprehensive plan amendments, rezonings, site plan approvals, preliminary plat approvals, development of regional impact (DRI) approvals, planned development preliminary approvals, and building permit approvals for multi—family projects. Within Indian River County, the impact from the construction of a single family home on an existing subdivision platted lot or legally created single-family parcel will constitute a de minimus impact on public facilities and thus be exempt from the concurrency requirement. Concurrency traffic impacts for single-family homes will be accounted for through tracking single-family trips and an annual traffic count update of the County's Concurrency Management System. Single —family trips tracked through this accounting system will be considered in development project traffic studies. Service Standards Level -of -service standards for concurrency related facilities are established in this plan for the following facilities: sanitary sewer, potable water, solid waste, stormwater management, recreation, public schools, and transportation. Those are explained in detail in the applicable comprehensive plan elements. For each facility, level -of -service is a measure of the relationship between demand for the service and the capacity of the facility. Capacity, however, is measured differently for each type of facility. 422 Exhibit A Table 6.16 identifies both the capacity and demand measures for each public facility. Those measures are addressed in detail, and existing capacities are identified in the applicable Comprehensive Plan Elements. Table 6.16: Service Level Measures for Concurrency Related Facilities Public Facility Category Specific Facility Capacity Measure Demand Measure Geographic Scope Transportation Roadway Volume of cars Peak Season/Peak Affected Roadways accommodated over time Direction/Peak Hour Trips Sanitary Sewer Treatment Plant Treatment design capacity Generation Rate (GPD) Service Area (GPD) Potable Water Treatment Plant Treatment design capacity Generation Rate (GPD) Service Area (GPD) Solid Waste Landfill Volume in active cell (cubic Generation Rate (tons per Entire County yards) capita per year) Recreation Parks Acres of park land Acres of parks per Entire County thousand population Stormwater Management Drainage Volume of water Volume of stormwater Barin conveyances outfalling for design storm Education* Public Schools (K- Number of students Enrolled Students/ Future Service Area 12) accommodated over time Student Generation *Limited to participating Schools owned and operated by the Indian River County School District ,Concurrency requires that each facility within the geographic scope of a proposed project's impact area have sufficient capacity to accommodate the project's demand. If that capacity is not available, the project cannot be approved. The principal function of the concurrency management system then is to provide a mechanism whereby demand and capacity measures can be compared on a project by project basis. Table 6.16 provides the criteria for establishing a demand to capacity comparison for a proposed project. While most of the characteristics are self-explanatory, one needs clarification; that is the geographic scope for the traffic public facility category. For concurrency purposes, affected roadways are those roadways impacted by a project's traffic. Regardless of size, all projects impact the roadway on which the project fronts. In addition, other roadways further removed from the project may be impacted. For concurrency purposes, two lane roadways which are assigned 8 or more peak hour/peak season/peak direction project trips and four or more lane roadways that are assigned 15 or more peak hour/peak season/peak direction project trips are considered impacted roadways. For transportation concurrency related facilities, level -of -service standards are applied to all impacted roadways. Those level -of -service standards range from A to F and are associated with peak hour/peak season/peak direction trips. 423 Exhibit A Demand Demand is an important component of the concurrency management system. Essentially, demand is a measure of facility use. When compared to facility capacity, demand can indicate the level -of -service for the facility. As depicted in Table 6.16, demand can be measured quantitatively for each public facility category. While the demand function for each facility consists of applying a rate to the number of facility users, estimation of total demand is more complex. For concurrency management purposes, demand can be divided into three types: existing, committed, and projected. Each must be considered separately for purposes of concurrency management. Existing Demand Existing demand is simply the current level of use for a facility. For a roadway, it is the number of peak hour/peak season/peak direction trips; for a school, it is the number of full-time enrolled students; for water and wastewater treatment plants, it is the existing flow volume measured in gallons per day. Those figures are included within applicable plan elements. Existing demand then reflects the use of a facility by the current population. When compared to capacity, existing demand can show if the facility has unused capacity or if it is functioning over capacity. Existing demand, however, is not static. As population increases and dwelling units come on-line, existing demand increases. Those increases in existing demand can be identified through facility use measurements. For example, regular traffic counts done on roads or treatment plant flow records are examples of facility use measurements indicating existing demand levels. As existing demand levels for facilities are updated, committed demand levels must be reduced if projects representing committed demand have come on-line. Committed Demand Committed demand is a measure of the impact that approved development projects with reserved capacity will have on facilities. When added to existing demand for a facility, the committed demand for that facility will produce a more accurate estimate of unused capacity. That estimate of unused capacity represents the amount of capacity that can realistically be allocated to new projects. Committed demand must be determined by identifying all projects for which capacity has been reserved through issuance of initial concurrency certificates which are still valid. Then the specific facilities that will be impacted by those projects with reserved capacities must be determined; those facilities will be roadways and the landfill, and they may be treatment plants, drainage conveyances, 424 Exhibit A and recreation facilities. Finally, the total demand on each facility attributable to committed demand will be determined. Applicable elements of the plan identify the rates to be applied to each project to determine facility demand. Traffic volumes, for example, can be derived by applying a trip rate to the size of the project. Sanitary sewer and potable water both have rates of 250 gallons per day per equivalent residential unit. Other public facility rates are discussed fully in their applicable Comprehensive Plan Element. Like existing demand, committed demand must be determined on a facility by facility basis. For example, both existing demand and committed demand must be determined for each major roadway, each school, each treatment plant, each major drainage conveyance, and the active cell in the landfill. Also, like existing demand, committed demand estimates must be modified as projects are completed; committed demand estimates must also be modified as new development orders are approved and old development orders are terminated. Projected Demand The third type of demand is projected demand. This consists of two types. One is non- committed/non-reserved, single-family lot demand for all subdivisions, while the other is new project demand. Non-committed/non-reserved single-family lot projected demand to the facility impacts associated with construction on individual single-family lots in platted subdivisions and construction on legally established individual single-family unplatted lots and acreage will constitute a de minimus impact on public facilities and thus be exempt from concurrency review. Single-family home traffic impacts will be accounted for through tracking single-family trips for use in development project traffic studies and annual traffic count updates. The second type of projected demand is new project demand. For each new project, demand estimates must be made on a facility by facility basis. Only if sufficient available capacity exists for each facility to be impacted can the project be approved and a development order issued. Upon issuance of a development order, the estimated impacts on each facility would be considered as committed demand. Availability of Capacity Facility capacity can be assessed two different ways. First, facility capacity can be determined by facilities that are existing and available; examples would be existing treatment plants and existing roadways with a set number of lanes. The second manner for assessing facility capacity is to consider both existing, in -the -ground facilities as well as facility expansions or new facilities which are programmed but not yet existing. 425 Exhibit A As part of the concurrency review process, the capacity of existing, in -the -ground facilities will be considered in all cases. Programmed facilities will be considered in assessing capacity for each public facility category when the following conditions are met: ➢ For sanitary sewer, potable water, solid waste and drainage facilities: 1. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or 2. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent. ➢ For parks and recreation facilities: 1. At the time the development order or permit is issued, the necessary facilities and services are in place or under actual construction; or 2. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and a. A development order or permit is issued subject to a condition that the necessary facilities and services needed to serve the new development are in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or b. At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent. ➢ Transportation supply (capacity). Transportation supply shall be determined on a segment by segment basis. For concurrency purposes, all segments on the county's thoroughfare plan shall 426 Exhibit A be considered. Capacity for segments will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the public works director pursuant to the criteria specified in Chapter 952, Traffic. Transportation supply for each segment is: 1. The segment's existing peak hour, peak season, peak direction capacity; or 2. The segment's new roadway capacity if facility expansion for the segment is proposed and if. a. At the time a development order or permit is issued, the necessary facilities and services are in place or under construction; or b. A development order or permit is issued subject to a condition that the facility expansion needed to serve the new development is included in the county's adopted five-year schedule of capital improvements and is scheduled to be in place or under actual construction not more than three years after issuance of the project's first building permit or its functional equivalent. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation five year work program. In order to apply this provision to a facility expansion project, the Capital Improvements Element must include the following policies: L The estimated date of commencement of actual construction and the estimated date of project completion. ii. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of capital improvements (for Indian River County, this is included in Policy 1.2 of this Element); or 3. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be in place or under actual construction no more than three years after the issuance of the project's first building permit or its functional equivalent; or 4. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, to be in place or under actual construction not more than three years after issuance of a building permit or its functional equivalent. 5. The segment's new roadway capacity if facility expansion for the segment is the subject of a proportionate fair -share agreement. In such case, the segment capacity increase 427 Exhibit A reflected in the proportionate fair share agreement shall be available only to the party or parties to the proportionate fair share agreement. ➢ For school facilities: A residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas. Regulation No development order shall be issued for any project where the project's demand in conjunction with existing demand and committed demand will exceed the capacity of a facility at the service level established in this plan. Level -of -service analysis .will be undertaken during the review of each project for which development order approval is required. Monitoring System To effectively implement the concurrency requirement, it is necessary to maintain an estimate of available capacity for each public facility subject to level -of -service requirements. By maintaining an accurate and current available capacity estimate for each facility, projected demand from development applications can be compared to the available capacity for the facility to determine if the project can be approved. The purpose of the monitoring program is to maintain a current estimate of available capacity for each facility. With the exception of public schools, the monitoring system portion of the concurrency management plan is maintained by the county's planning division. Effective July 1, 2008, the School District initiated and now maintains the monitoring system portion of the concurrency management plan for public schools. Using a network computer system and database management software, records were developed and are maintained for each specific facility. Based upon information in the specific comprehensive plan elements, total capacity figures for each applicable facility are maintained in database files established for each public facility category. Capacity figures are modified as facilities are expanded or as criteria specified in the availability of capacity section are met, thereby allowing a programmed expansion to be considered for capacity determination purposes. Through contact with other county departments, planning staff are able to modify capacity estimates as soon as facility characteristics are changed. Table 6.17 depicts the general structure of the monitoring system database file for each public facility category. That table shows that available capacity for each specific facility is a function of total capacity less existing demand and less committed demand. The demand section of this concurrency management plan identifies the methodology for assessing demand. 428 Exhibit A Table 6.17: Monitorinz S stem Design Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Estimate Landfill (active cell) volume used Peak season/ peak Annual count (average) Volume estimated from (Total Capacity) - (Existing Traffic Roadways direction/ peak (peak season/peak approved Development Demand) - (Committed Demand) Ongoing Do annual student counts (FTE) for public schools to determine existing demand hour (LOS D) direction/peak hour) Orders (DO) Planning Sanitary Sewer Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Potable Water Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Solid Waste Landfill Active cell design Active cell volume used Volume estimated from (Total Capacity) - (Existing capacity approved DO's Demand) - (Committed Demand) (Acres per thousand (Acres per thousand Recreation Parks Park Acreage population) X (existing population) X (projected (Total Capacity) - (Existing population) population for approved Demand) - (Committed Demand) DO's) Drainage Volume of stormwater Drainage Volume Existing flows allowed to outfall for (Total Capacity) - (Existing conveyances approved DO's Demand) - (Committed Demand) Public Permanent Annual Enrollment Students estimated from (Total Capacity) - (Existing Education Schools(K-12) Student Stations (FISH) Count (FTE) approved residential Development Orders) Demand) - (Committed Demand) To implement the monitoring system, the following actions shown in table 6.18 will be necessary. Table 6.18: Monitoring System Tasks Action Responsible Department Timing Do quarterly traffic counts for thoroughfare plan roads to determine existing demand Engineering Annually Compile quarterly ridership statistics for all fixed routes MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Estimate Landfill (active cell) volume used Utilities Annually Estimate population and apply park standard to determine park existing demand Planning Annually Estimate existing flows for drainage conveyances Engineering Annually Enter data received from other departments into computer Planning Ongoing Do annual student counts (FTE) for public schools to determine existing demand School District Annually Add estimated demand for new projects to committed demand total upon issuance of DO Planning Ongoing Maintain records of units/projects receiving a certificate of occupancy, maintain demand estimates from those units/projects, subtract estimated demand for those units/projects for committed demand once existing demand is updated Planning Ongoing 429 Exhibit A Applicability The concurrency management plan monitoring system has applicability to more than just level -of - service measurement. It also provides the basis for assessing facility expansion needs and therefore capital improvements programming. By maintaining an accurate and up-to-date estimate of available capacity, the need for facility expansion can be recognized before all capacity is used. By incorporating the monitoring system into the capital improvements programming process, capital budgets can be prepared based on reliable information and valid estimates of need. Goal, Obiectives and Policies Goal It is the goal of Indian River County to provide needed capital improvements through the use of sound fiscal decision making. Objectives and Policies Obiective 1: Construction of Capital Facilities By 2025, the county will have completed those capital improvements schedule projects that replace obsolete or worn-out facilities, eliminate existing deficiencies or accommodate desired future growth. Policy 1.1: The county shall maintain a five-year capital improvement program and pursuant to Section 163.3177(3)(b) F.S. evaluate and update that program every year to reflect existing and future public facility needs of the county. This capital improvement program will ensure that the plan is financially feasible and that the adopted level -of -service standards are achieved and maintained. Policy 1.2: The county and the School District shall undertake only those capital improvements included within this element's adopted capital improvements program. Pursuant to Section 163.3177(3)(b) F.S., the Capital Improvements Element will be reviewed every year. If any facility identified in the Schedule of Capital Improvements is delayed or deferred in construction, or is eliminated from the capital improvements program, and this delay, deferral, or elimination will cause the level -of -service to deteriorate below the adopted minimum level of service standard for the facility, a comprehensive plan amendment will be required to adjust the Schedule of Capital Improvements. The annual update of the capital improvement element shall be done with a single public hearing before the Board of County Commissioners and a copy of the ordinance amending the Capital Improvements Element shall be transmitted to DEO. 430 Exhibit A Policy 1.3: The county shall evaluate and prioritize its capital improvement projects based on following criteria. These criteria are ranked in order of importance. ➢ Preservation of the health and safety of the public by eliminating public hazards; ➢ Compliance with all mandates and prior commitments; ➢ Elimination of existing deficiencies; ➢ Maintenance of adopted level -of -service standards; ➢ Provision of infrastructure concurrent with the impact of new development; ➢ Protection of prior infrastructure investments; ➢ Consistency with the county plan and plans of other agencies; ➢ Accommodation of new development and redevelopment facility demands; ➢ Consistency with plans of state agencies and water management districts that provide public facilities within the local government's jurisdiction; ➢ Promotion of compact development by discouraging growth outside of urban service areas; ➢ Demonstration of linkages between projected growth and facility location; ➢ Utilization of the economies of scale and timing of other improvements; ➢ Reduction of operating costs; ➢ Adjustment for unseen opportunities, situations, and disasters. Policy IA: The county shall implement the policies of the Potable Water, Sanitary Sewer, and Solid Waste sub -elements of the Comprehensive Plan. Since these are enterprise account funded elements, capital expenditures identified in these elements shall be funded principally from revenues derived from the applicable systems. Polio: The county shall prioritize and implement the programs identified in the Transportation, Recreation and Open Space, Stormwater Management, Conservation, and Future Land Use Elements of the Comprehensive Plan. Policy 1.6: The county shall not eliminate or reallocate budgeted appropriations for road improvement projects required to meet the adopted level -of -service standards unless the applicable projects will be constructed by other means and remain concurrent with the county's Schedule of Capital Improvements. Policy 1.7: The county shall continue to allocate funds for the replacement and the renewal of infrastructure in an amount which will minimize the operating costs of the infrastructure and maximize the life of the infrastructure. Policy 1.8: The county shall manage its long-term general obligation debt in such a manner that the ratio of the debt service millage to the countywide operating millage does not exceed 20%. Policy 1.9: The county hereby defines a capital improvement as an improvement with a cost that exceeds $100,000. 431 Exhibit A Policy 1.10: The Schedule of Capital Improvements shall contain a mix of capital expenditures, including projects to eliminate existing deficiencies, to upgrade and replace existing facilities, and to construct new facilities. Polices: The county shall maintain a procedure in its annual budget review requiring each county department to include in its annual budget request applicable expenditures as identified in the capital improvements program of the appropriate Comprehensive Plan Element as well as department's capital improvements. Polices 1.12: The county hereby adopts the 2019-2020 through 2023-2024 Indian River County School District Five -Year Facilities Work Plan. The Indian River County School District Five -Year Facilities Work Plan will be evaluated and updated annually to reflect existing and future public school facility needs of the county. This will ensure that the Indian River County School District Five -Year Facilities Work Plan is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained. Obiective 2: Development in Coastal High Hazard Areas Through 2030, development in coastal high hazard areas will not increase beyond the density or intensity levels indicated on the current Future Land Use Map. Policy 2. 1: The coastal high hazard area is defined as the area of the county designated as evacuation zones for a category one hurricane. Policy The county shall not increase land use density and intensity, in the coastal high hazard area, beyond that reflected in the county's current Future Land Use Map. Policy2.3: The county shall make appropriations for infrastructure in coastal high hazard areas only to maintain the adopted level -of -service standards. Policy 2.4: The county shall ensure that the replacement of infrastructure in the coastal high hazard area will be limited to maintaining the adopted level -of -service standards. Policy 2.5: The county shall require that all developments and all single-family units in coastal high hazard areas fully pay the cost for required infrastructure improvements through impact fees, capacity charges, developer dedications, assessments, and contributions. Policy 2.6: The county shall not use public funds to subsidize increased density or intensity of urban development in coastal high hazard areas; however, public beach, shoreline access, resource restoration, or similar projects may be constructed. 432 Exhibit A Objective 3: Maintenance of Established Level -of -Service Standards Through 2030, adopted levels -of -service will be maintained for all concurrency facilities. Policy 3. 1: The county hereby adopts the concurrency management system as described within this element. The county shall maintain Land Development Regulation (LDR) Chapter 910, Concurrency Management System, which implements the plan's concurrency management system. In accordance with the concurrency management system of this plan and LDR Ch. 910, the county will not approve any development project where the impacts of such a project would lower the existing level -of -service on any facility below that facility's adopted minimum level -of -service standard. Policy 3.2: The county shall approve development only in accordance with the utility connection matrix identified in the Sanitary Sewer and Potable Water Sub -Elements. Policy 3.3: The county shall, concurrent with the impact of new development, provide the infrastructure necessary to maintain the levels -of -service identified in the various elements of the Comprehensive Plan. Where development is proposed and is consistent with all applicable regulations but one or more public facilities is/are operating at an inadequate service level, the applicant may at his expense make facility improvements to increase facility capacity when such improvements are consistent with county plans and receive county approval. Policy 3.4: The county shall make land use decisions based on the planned availability of facilities to maintain adopted level -of -service standards. Policy 3.5: The county hereby adopts Concurrency Management level -of -service standards for public facilities that are established in the other Comprehensive Plan Elements and which are stated below: ➢ Stormwater Management: The county hereby adopts the following level -of -service standard for all new drainage systems within the unincorporated county: ➢ New development requiring major site plan approval or subdivision platting shall construct a complete drainage system to mitigate the impacts of a 25 year/24 hour design rainfall event using the soil conservation service type 2 modified rainfall curves. ➢ Post development runoff for any drainage basin shall not exceed pre -development runoff unless a maximum discharge rate has been adopted and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for a basin, post development discharge may not exceed pre -development discharge. 433 Exhibit A By 2025, all existing roadways in the county shall be improved to meet the following level -of -service standards: ➢ Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local streets. ➢ The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year 24 hour storm event on Arterial and Collector roads. ➢ All drainage basins will meet the following level of service standard: 10-Year/24 Hour Storm Event The county hereby adopts the following water quality level -of -service standard: ➢ As a minimum, retention of the first one inch of rainfall is required prior to offsite discharge. An additional 50% treatment is required for all direct discharge into the Sebastian River and into the Indian River Lagoon due to its designation as an outstanding Florida water, as required by state law. ➢ Potable Water The following level -of -service standard is adopted for the county's potable water facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit. ➢ Solid Waste The following level -of -service standard is adopted for solid waste facilities in the county, and shall be used as the basis for determining the availability of facility capacity and demand generated by a development: Countywide level -of -service standard of 2.2 tons or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year. ➢ Sanitary Sewer The following level -of -service standard is adopted for the county's sanitary sewer facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. 434 Exhibit A ➢ Recreation & Open Space The county adopts the following recreation level -of -service standard: ➢ County wide level -of -service standard of 6.61 recreation acres/1,000 permanent plus weighted peak seasonal population. ➢ Transportation The county adopts traffic circulation level -of -service standards as follows: ➢ Level -of -Service "D" during peak hour, peak season, peak direction conditions, on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service "E" plus 20%. 27th Ave — South County Line to SR 60 43`d Ave — Oslo Road to 16th Street ➢ Level -of -Service "D" plus 20% during peak hour, peak season, peak direction conditions on the following roads until such time that a major capacity improvement, as specified below, is constructed. At such time that the major capacity improvement is constructed, the level of service for that road shall be "D" during peak hour, peak season, peak direction conditions. CR 510 — 66th Avenue to US Highway 1 (scheduled for widening) 37th Street — US Highway 1 to Indian River Boulevard (scheduled for widening or alternatively mitigated by extension of Aviation Boulevard from US 1 to 37th Street) During the time period before major capacity improvements are provided for these two roads, proposed major development projects approved by the planning and zoning commission or board of county commissioners that will impact either or both of the roads may, based on a traffic study approved by the Public Works Director, be approved with conditions related to provisions for interim roadway improvements that mitigate project impacts on one or both roads. For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. Policy 3.6: The county hereby adopts level -of -service standards for selected public facilities as follows: ➢ Correctional Facilities 435 Exhibit A The county adopts the following correctional facilities level -of -service standard: ➢ County wide level -of -service standard of 4.5 beds/1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS The county adopts the following Fire/EMS level -of -service standard: ➢ County wide (excluding Indian River Shores) level -of -service standard of .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement The county adopts the following Law Enforcement level -of -service standard: ➢ Unincorporated County level -of -service standard of 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries The county adopts the following Libraries level -of -service standards: ➢ County wide level -of -service standard of 580 building square feet per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 3,200 library material items per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.7 computers per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Public Buildings The county adopts the following Public Buildings level -of -service standard: ➢ County wide level -of -service standard of 1.99 building square feet per capita for permanent plus weighted peak seasonal population. ➢ Schools The county adopts the following Schools level -of -service standard: Schools (School Service Areas): ➢ 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). 436 Exhibit A ➢ Transit The County adopts the following transit level -of -service standard: ➢ One-hour headways shall be maintained on all fixed transit routes. Obiective 4: Future Development's Share of Capital Costs Through 2030, new developments will bear a proportionate share of the cost required to maintain adopted level -of -service standards. Policy 4.1: The county shall use impact fees, capacity charges, assessments, developer dedications and contributions, to pay for infrastructure improvements and services needed to satisfy future needs while maintaining adopted level -of -service standards. Policy 4.2: The county shall conduct research to identify new sources of revenue for funding capital improvement projects. Obiective 5: Local Government's Ability to Provide Required Services and Facilities Through 2030, the county will ensure that it is able to fund and provide required services and facilities. Policy 5.1: The county shall not approve land use amendment requests unless those requests are consistent with the concurrency management system requirements of this element. Policy 5.2: In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the county shall schedule capital improvements to serve developments in the following order of priority: ➢ Single-family units in existing platted subdivisions or on existing legal, buildable parcels ➢ Affordable housing projects ➢ New development orders permitting, redevelopment ➢ New development orders permitting new developments where the applicant funds the infrastructure expansion in exchange for future reimbursement ➢ New development orders permitting new developments without developer participation Policy 5.3: The county shall extend facilities and services to serve areas only within the existing Urban Service Area or as allowed by Policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of the Sanitary Sewer Sub -Element of the Comprehensive Plan. 437 Exhibit A Policy 5.4: The county shall coordinate with other local, state, and federal agencies as well as private entities to create an efficient capital improvements schedule that provides the following general benefits while minimizing the financial burden of providing facilities and services: ➢ Reduction of overall capital and operating expenditures by the development of multi -use facilities; ➢ More efficient land use patterns and phasing; ➢ Reduction of overlapping, duplicating, and administrative procedures; ➢ Implementation of adopted physical, social, and economic goals and policies in a least -cost manner; ➢ Better coordination of public capital investment with private capital expenditures. Polio: The county shall continue utilizing enterprise funds for the provision of Sanitary Sewer, Potable Water, and Solid Waste facilities. The debt for enterprise funds is to be paid by user fees, capacity charges, and other appropriate sources. Policy 5_6: The county shall finance the capital cost of non -enterprise fund supported public facilities (e.g., roads, stormwater management, and parks) from current revenue, bond issues, impact fees, capacity charges, assessments, and other appropriate sources. Polio The county shall use general obligation bonds and other sources to raise the funding required to provide those public facilities that cannot be constructed with user fees, revenue bonds, impact fees, capacity charges, or other dedicated revenue sources. Policy 5.8: Developments, which require public facility infrastructure improvements that will be financed by county debt, shall have their development orders conditioned on the issuance of the county debt or the substitution of a comparable amount of non -debt revenue. Policy 5.9: Pursuant to state law, the Schedule of Capital Improvements may be adjusted by ordinance and not deemed to be an amendment to the Comprehensive Plan when the amendment relates to corrections, updates, or modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the Comprehensive Plan, or the date of construction of any facility except transportation facilities enumerated in the Schedule of Capital Improvements. For transportation facilities, a delay in construction of a facility which causes the level -of -service of that facility to deteriorate below the adopted minimum level -of -service standard for the roadway will require a comprehensive plan amendment. Polices: The county shall ensure that all capital improvements identified in the various elements of the Comprehensive Plan are completed according to schedule. The only acceptable delays will be those which are subject to one of the following:. ➢ Projects providing capacity equal to, or greater than, the delayed project are accelerated within or added to the Schedule of Capital Improvements; 438 Exhibit A ➢ Modification of development orders issued conditionally or subject to the concurrent availability of public facility capacity provided by the delayed project. Such modification shall restrict the allowable amount and schedule of development to that which can be served by the capacity of public facilities according to the revised schedule; or ➢ Amendment of the plan to reduce the adopted standard for the level -of -service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. Implementation, Evaluation, and Monitoring Implementation An important part of any plan is its implementation. Implementation involves execution of the plan's policies. It involves taking actions and achieving results. For the Capital Improvements Element, implementation involves various activities. While some of these actions will be ongoing, others are activities that will be taken by certain points in time. For each policy in this element, table 6.20 identifies the type of action required, the responsible entity for taking the action, the timing, and whether or not the policy necessitates a capital expenditure. To implement the Capital Improvements Element, several different types of actions must be taken. These include: development of mechanisms for funding new facilities, adoption of land development regulations and ordinances, execution of interlocal agreements, coordination, and preparation of studies and evaluation and monitoring reports. Overall, the Capital Improvements Element implementation responsibility will rest with the Office of Management and Budget. Besides its responsibilities as identified in table 6.18, the planning department has the additional responsibility of ensuring that other entities discharge their responsibilities. This will entail notifying other applicable departments of capital expenditures to be included in their budgets, notifying other departments and groups of actions that must be taken, and assisting other departments and agencies in their plan implementation responsibilities. As part of the Capital Improvements Element, the county has developed a Concurrency Management Plan, which ensures the maintenance of the adopted level -of -service standards. Through the Concurrency Management Plan, the county will measure facility capacity, assess development demand, and maintain a Capital Improvements Program which ensures that the level -of -service standards are maintained. 439 Exhibit A Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 1.1 Maintain the CIP OMB/PD Ongoing No 1.2 Follow the CIP PD Ongoing No 1.3 Prioritize capital improvement projects OMB/PD/SD Ongoing No 1.4 Implement recommendations Appropriate County Departments/SD Ongoing Yes 1.5 Prioritize and implement programs Appropriate County Departments/SD Ongoing Yes 1.6 Maintain previous commitments BCC/PWD/SD Ongoing No 1.7 Replacement and renewal of infrastructure Appropriate County Departments/SD Ongoing No 1.8 Budget Management OMB/SD Ongoing No 1.9 Define capital improvement PD/OMB Ongoing No 1.10 Capital Budget Management OMB/SD Ongoing No 1.11 Capital Improvements Management OMB/SD Ongoing No 1.12 School District Fiver -Year Facilities Work Plan SD Ongoing Yes 2.1 Define costal high hazard area DCA Ongoing No 2.2 tam density and intensity levels of current FLU Map PD Ongoing No 2.3 Budget management Appropriate County Departments Ongoing Yes 2.4 Maintain LOS standards Appropriate County Departments Ongoing Yes 2.5 Funding mechanisms BCC/Private Developers Ongoing No 2.6 Infrastructure replacement strategy Appropriate County Departments Ongoing No 3.1 Maintain concurrency management system PD Ongoing No 3.2 Follow connection matrix of Comprehensive Plan Sub- Elements Appropriate County Departments Ongoing No 3.3 Maintain adopted LOS standards PD Ongoing No 3.4 Land use decisions BCC Ongoing No 3.5 Adopt LOS standards BCC/SD/Appropriate County Departments Ongoing No 4.1 Impose regulations Appropriate County Departments Ongoing Yes 440 Exhibit A Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 4.2 Conduct research OMB/PD Ongoing No 4.3 Work with municipalities BCC/SD/Other Local Ongoing No Governments in IRC 5.1 Approve land use changes only if infrastructure can BCC Ongoing No support land use change 5.2 Prioritize capital improvements BCC/SD/Appropriate County Departments Ongoing No 5.3 Extension of facilities and services BCC/Appropriate County Ongoing No Departments Appropriate County 5.4 Create an efficient capital improvements schedule Departments/Other Ongoing No Government Agencies 5.5 Utilize enterprise funds OMB Ongoing No 5.6 Finance non -enterprise fund supported projects OMB Ongoing No 5.7 Fund the construction of public facilities OMB/SD Ongoing Yes 5.8 Permitting Requirements BCC/Appropriate County Departments Ongoing No 5.9 Amending the Schedule of Capital Improvements BCC/OMB/PD/SD Ongoing No 5.10 Complete the schedule of Capital Improvements BCC/SD/Appropriate 2024 No County Departments 5.11 Adopt a Priority Transportation Capital Improvements BCC/PWD/MPO Ongoing No Schedule BCC = Board of County Commissioners DCA = Department of Community Affairs FDOT = Florida Department of Transportation MPO = Metropolitan Planning Organization OMB = Office of Management and Budget PD = Planning Department PWD = Public Works Department SD = School District Evaluation and Monitoring Procedures To be effective, a plan must not only provide a means for implementation; it must also provide a mechanism for assessing the plan's effectiveness. Generally, a plan's effectiveness can be judged by the degree to which the plan's objectives have been met. Since objectives are structured, as much as possible, to be measurable and to have specific timeframes, the plan's objectives are the benchmarks used as a basis to evaluate the plan. Table 6.20 identifies each of the objectives of the Capital Improvements Element. It also identifies the measures to be used to evaluate progress in achieving these objectives. Most of these measures 441 Exhibit A are quantitative, such as adopting land development requirements, which ensure the maintenance of the level -of -service standards, adopting a capacity monitoring system and others. Besides the measures, table 6.20 also identifies timeframes associated with meeting the objectives. The Planning Department staff will be responsible for monitoring and evaluating the Capital Improvement Element. This will involve collection of data and compilation of information regarding facility capacity, expansion, and new development permitted. This will be done on a regular basis. As part of the county's Concurrency Management System, the Planning Department will continually monitor the facility capacity to ensure that level -of -service standards will be maintained Table 6.20: Capital Improvements Element Evaluation Matrix Objective Measure Timeframe 1 Existing deficiencies in county services and/or obsolete or worn-out facilities 2025 2 Land use density and intensity in Coastal High Hazard Area 2030 3 Level -of -service provided for county services 2030 4 Existence of appropriate Land Development Regulations 2030 5 Completion of the Schedule of Capital Improvements 2030 While monitoring will occur on a continual basis, formal evaluation of the Capital Improvements Element will occur annually. The formal evaluation and appraisal of the entire Comprehensive Plan will occur every ten years (dependent upon the schedule adopted by the Florida Department of Community Affairs). Besides assessing progress, the evaluation and appraisal process will also be used to determine whether the Capital Improvements Element objectives should be modified or expanded based on revisions to state statutes and changing conditions not identified and addressed as part of the annual CIE update. In this way, the monitoring and evaluation of the Capital Improvements Element will not only provide a means of determining the degree of success of the plan's implementation; it will also provide a mechanism for evaluating needed changes to the plan element not otherwise addressed in the yearly update of the Capital Improvements Element. As discussed in the above paragraphs, the evaluation and monitoring procedures identified for the Capital Improvements Element are basically the same for the entire Comprehensive Plan. These procedures have been used in the past to prepare the county's Evaluation and Appraisal Report and will be used by the county in subsequent Evaluation and Appraisal Reports. The monitoring and evaluation of this plan is critical to ensure that the policies are effective in achieving the plan's goals and objectives. Each individual element of the plan contains provisions and measures to be used in the review of the element. Each element contains an Implementation and Evaluation Matrix and monitoring procedures, which are currently being used to prepare the current Evaluation and Appraisal Report and will be used to prepare future Evaluation and Appraisal Reports. 442 Exhibit A In addition, a great portion of the plan monitoring will be in conjunction with the concurrency management system which is designed to ensure that approved level -of -service standards are maintained and that sufficient capacity exists in the various services and facilities. Other evaluation of the plan or plan elements is likely to occur in the day to day application of the mandated regulations, which will result in plan amendments. The formal Evaluation and Appraisal Report required by law is currently providing and in subsequent versions will provide a complete review of the plan and be conducted in compliance with the public participation procedures adopted for the development of this plan. As part of the monitoring system, all appropriate baseline data is currently being updated and will be updated. Besides assessing progress, the evaluation and appraisal process is and will also be used to determine whether the objectives should be modified or expanded. In this way the monitoring and evaluation of the Comprehensive Plan Elements not only provides a means of determining the degree of success of the plan's implementation; it also provides a mechanism for evaluating needed changes to the plan element. 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Item 2020- 2021 1 2021 - 2022 2022 - 2023 2023 - 2024 2024 - 2025 Total Actual Budget Projected Projected Projeeted Projected HVAC $0 $5;250,000 $900,000 $2,870,000 $8,275,000 $12,295,000 Locations: BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY. ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, TRANSPORTATION DEPARTMENT, VERO BEACH SENIOR HIGH Flooring $500.000 $592,840 $588,000 $350,000 $350.00DI $2,360,640 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES. DODGERTOM ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Roofing $1,019,930 $145,000 $145,000 $1,817,848 $495,000 $3,622,778 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES. DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Safety to Life $1,087,643 $1,343,201 $1,369,405 $1,754,938 $1,628,972 $7,204,162 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNETSCHOOL(NM OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL. SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Fencing $0 $0 $0 $0 $0 $0 Loptbna: this expenditure. Parking $O $0 $521,230 $0 $775,000 $1,296,230 Locations: GLENDALE ELEMENTARY, LIBERTY MAGNET, PELICAN ISLAND ELEMENTARY Electrical $0 $0 $1 $0 $0 $0 Locations: No Locations for this expenditure. Fire Alarm $600,000 $0 $0 $1,350,000 $300,000 $2.250,000 Locations: CITRUS ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSHAERE ELEMENTARY, GLENDALE ELEMENTARY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, ROSEWOOD ELEMENTARY, SEBASTIAN RIVER MIDDLE, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH Telephone/Intercom System $0 $0 $o $0 $0 $0 Locations: No Locations for this expenditure, Closed CacWtTelevision $O $0 $0 $0 $0 $0 Locations: No Locations for this expenditure. Community Development Department Adopted December , 2020, Ordinance 2020-_ Exhibit A Page D-2 469 Paint $1,990,000 $0 $1,600,000 $1,200,000 $2,500,000 $7,290,000 Locations: DODGERTOWN ELEMENTARY, GIFFORD MIDDLE OSLO MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE 2022-2023 SCHOOL, VERO BEACH SENIOR HIGH Maintenance/Repair $977,341 $1,572,160 $1,572,100 $1,572,160 $1,572,100 $7,265,981 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT Projected SERVICES, DODGERTO+Md ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER Projected ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE $100,000 SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST $0 TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Sub Total: $8,174,914 $8,903,201 $6,715,798 $10,914,948 S10,8%,132 543,604,891 IPECO'MaintenameExpenditures 1 $01 $306,0301 $305,0301 $300,0301 $300,0301 $1,224,1201 1.50Mill Sub Total: I $8.6Q.6751 $9.437,1711 $8,134,7681 $12,563,916 $15,30,1021 $54,136,632 Other Items 2020-2021 2021 -2022 2022-2023 2023-2024 2024-2025 Total Actual Budget Projected Projected Projected Projected Site Improvements Districtwidle $100,000 $0 $0 $100,000 $550,000 $750,000 Locations OSLO MIDDLE, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVERSENIOR HIGH, VERO BEACH SENIOR HIGH Paving, WW Covers & Sidewalks Districtrdde $0 $240,000 $255,000 SO $0 $495,000 Locations DODGERTOWN ELEMENTARY, OSCEOLA MAGNET SCHOOL (NEV%q, OSLO MIDDLE, VERO BEACH SENIOR HIGH ChllerReplacermnl $650,000 $0 $0 $1,275,000 $1,9751000 $3,900.000 Locations CITRUS ELEMENTARY, FELLSMERE ELEMENTARY, INDIAN RIVER ACADEMY, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, SEBASTIAN ELEMENTARY. STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY Furniture Fixtures & Equipment $25,000 $250,000 $300,000 $250,000 $300,000 $1,125,000 Locations Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WASASSO SCHOOL Playground Equipment Replacement $300,000 5350,000 $350,000 $350,000 $350,000 $1,750,000 Locations BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, TREASURE COAST ELEMENTARY, VERO BEACH ELEMENTARY, WABASSO SCHOOL District Technology $440,781 $0 $a $0 $500,000 $940,761 Locations Administration Bulding, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Building IngrrovemenWRenovations Districtwide $900,000 $0 $820,000 $0 $1,075,000 $2,795,000 Locations BEACHLAND ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, ROSEWOOD ELEMENTARY, SEBASTIAN RIVER SENIOR HIGH, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Total: I 58,640,675 $9,743,201 58,440,798 $12,889,948 $16,648,132 $55,360,762 Community Development Department Adopted December , 2020, Ordinance 2020-_ Exhibit A Page D-3 470 Local 1.50 Mill Expenditure For Maintenance, Repair and Renovation Anticipated expenditures expected from local funding sources over the years covered by the current work plan, Item 2020-2021 Actual Budget 2021-2022 Projected 2022-2023 Projected 2023-2024 Projected 2024.2025 Projected Total Remaining Maintand Repair from 1.5 Mills $8,640,675 $9,437,171 $8,134,768 $12,583,916 $15,340,102 $54,136,632 Maintenance/Repair Salaries $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $17,500,000 School Bus Purchases $1,050,000 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $5,250,000 Other Vehiate.Purchases $200,000 $0 $200,000 $0 $200,000 $600,000 Capital Outlay Equipment $0 $0 $0 $0 $0 $0 Rent/Lease Payments $0 $0 $0 $0 $0 $0 COP Debt Service $10,186,477 $10,187,284 $10,190,284 $10,184,034 $10,188,034 $50,936,113 Rent/Lease Relocatables $400,000 $400,000 $400,000 $400,000 $400,000 $2,000,000 Environmental Problem $0 $0 $0 $0 $0 $.1011.14 Debt Service $0 $0 $0 $0 $0 $o Special Facilities Construction Account $0 $0 $0 $0 $0 $0 Premium for Property Casualty Insurance -1011.71 (4a,b) $1,475,825 $1,475,825 $1,475,825 $1,475,825 $1,475,825 $7,379,125 Qualified School Construction Bonds (OSCE) $1,167,370 $1,167,370 $1,167,370 $1,167,370 $1,167,370 :$5,836,850 Qualified Zone Academy Bonds (OZAS) $0 $0 $0 $0 $0 $0 State Charter School Capital Outlay $1,169,042 $1,169,042 $1,169,042 $1,169,042 $1,169,042 $5,645,210 Impact Fees"RESTRICTED FUNDS FOR FUTURE CAPACITY PRODUCING PROJECT DUE TO GROWTH" $600,000 $1,300,000 $1,300,000 $1,300,000 $1,300,000 $5,800,000 Performance Contracting Debt Service $945,707 $974,148 $1,003,442 $1,033,615 $1,084,693 $5,021,605 Local Expenditure Totals: S29,335,096 $30,660,840 $29,590,731 $33;883,802 $36,11%,066 $160,308;535 Revenue 1.50 Mill Revenue Source Scheduled Estimated Capital Outlay Revenue from each currently approved source which is estimated to be available for expenditures on the projeM included in thetentative district facilities work program. All amounts are NET after considering carryover balances, intereslearned, new COP's, 1011.14 and 1011.15 loans, etc. Districts cannot use 1.5 -Mill funds for salaries except for those explicitly associated with maintenance/repair projects (1011.71 (5), F.S.) . Community Development Department Adopted December , 2020, Ordinance 2020 - Page D-4 471 Exhibit A Item Fund 2020-2021 2021-2022 2022-2023 2023.2024 2024 - 2025 Total $0 s0 Actual Value Projected Projected Projected Projected $306030 (1) Non-exempt property 6306,030 $1,224,120 520,827,426,610 $21,959,400,000 $22,988,900,000 $24,013,903,000 $25,024;200,000 $114,813,826,610 assessed vatuation (2) The Milage projected for 360 1.50 1.50 1.50 1.50 1.50 S95,-325 discretionary capital outlay per s.1011.71 $139,278 $139,276 $139,278 6139,278 $139,278 $696,390 (3) Full value of the 1.50 -MBI $34,990077 $36,891,792 $38,621,352 $40,343,352 $42040,656 $192,887,229 discretionary capital outlay ;per s.1011.71 (4) Value of the,portion of the 1.50 370 $29,991,494 $31;621,538 533,104,016 $34,580,016 636,034,848 $165,331,910 -KIIACTUALLY levied (5) Difference of lines (3) and (4) $4,998,583 $5,270,2% $5,517,336 $5,763,336 $6005,808 $27;555.319 PECO Revenue Source The figure in the row designated "PECO Maintenance will be subtracted from funds available for neer construction because PECO maintenance dollars cannot be used for new construction. Item Fund 2020-2021 Actual Budget 2021-2022 Projected 2022-2023 Projected 2023-2024 Projected 2024-2025 Total Projected PECO New Construction 340 s0 $0 s0 $0 s0 $0 PECO Maintenance Expenditures $0 5305,030 $306030 $303,030 6306,030 $1,224,120 $120213 $0 $306,030 $306,030 $306,030$306,030 $1,226.120 CO & DS Revenue Source Revenue from Capital Outlay and Debt service funds. Item Fund 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 Total Actual Budget Projected Projected Projected Projected CO & DS Cash Flow-through 360 $120213 $120,213 $120,213 $120.213 $120,213 $601,005 Distributed CO &' DS Interest an 360 $19,055 $19,065 $19p65 $19,065 $19,065 S95,-325 Undistributed CO $139,278 $139,276 $139,278 6139,278 $139,278 $696,390 Fair Share Revenue Source All legally binding commitments for pro portionatefeir.share mitigation for impacts on public school facilities must be included to the 5 -year districtvrork program. Nothing reported for this section. Sales Surtax Referendum Specific information about any referendum fora 1 -cent or %scent surtax referendum during the previous year. Did the school distrfct hold a surtax referendum during the past fiscal year 2019 •2020? No Community Development Department Adopted December , 2020, Ordinance 2020-_ Exhibit A Page D-5 472 Additional Revenue Source Any additional revenue sources Item 2020-2021 2021-2022 2322-2023 7023-2024 2024-2025 Total Actual Value Projected Projected Projected Projected Proceeds from a s.1011.14115 F.S. Loans so $0 so $0 $0 so District Bonds -Voted local bond so 5o $0 $0 so $0 referendum proceeds per s.9, Art VII state Constitution Proceeds from Special Act Bonds $0 $0 $0 so $0 $0 Estimated Revenue from to 8 DS Bond $0 so So $0 $0 $0 Sale Proceeds from Voted Capital $0 so s0 So $0 so improvements millage Other Revenue for Other Capital Projects $0 $0 $0 $0 $0 $0 Proceeds from 112 cent sales surtax $0 $0 $0 $0 $0 $0 authorized by school board Proceeds from local governmental so SD $0 so $o s0 infrastructure sales surtax Proceeds from Certificates of s0 So so $0 $0 $0 Participation (OOP's) Sale Classrooms First Bond proceeds amount $0 $0 $0 so $0 $0 authorized in FY 1997-98 Classrooms for Kids so s0 $0 $0 $0 $0 District Equity Recognition $0 $0 $0 $0 $0 $0 Federal Grants $0 s0 $0 $0 so $0 Proportionate share mitigation tactual s0 s0 s0 s0 $0 $0 cash revenue only, not in kind donations) Impact fees received $1,300,000 $1,300,000 S1,300l000 $1,300,000 $1,300,000 $6,500,000 Private donations $0 $'J $0 $0 $0 $0 Grants from local govemments or not -for- $0 $0 $0 s0 $0 $0 profit organizations Interest, Including Profit On Investment $11,898 $11,889 si 1,898 $11,898 $11,888 $59,490 Revenue from Bonds pledging proceeds $0 SO s0 $0 $0 $0 from 1 cent or 1/2 cent Sales Surtax Total Fund Balance Carred Forward $0 so $7,400,000 so $0 57,000,000 General Capital Outlay Obligated Fund $0 $0 $0 $0 $0 $0 Balance Carried Forward From Total Fund Balance Carred Forward Special Facilities Construction Account $1,169,042 $1,169,042 $1,189,042 81,189,042 $1,169,042 $5,845,210 One Cent -1/2 Cent Sales Surtax Debt $0 $0 $0 $0 $0 $0 Service From Total Fund Balance Carried Forward Capital Outlay Projects Funds Balance $0 $0 $0 $0 $0 $0 Carrier) Forward From Total Fund Balance Carried Forvmrd SubtDtal $2,480,940 $2480,940 $9,480,940 52480,940 $2,480,940 $19,400,700 Community Development Department Adopted December , 2020, Ordinance 2020-_ Page D-6 473 Total Revenue Summary Item Mame 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 Five Year Total 008 DS Revenue Budget Projected Projected Projected Projected $696,390 Local 1.5 Mill Discretionary Capital Outlay $29,991,494 $31,621,538 $33,104016 $34,583,016 $36,034,848 $165,331,910 Revenue 52,480940 SZ.483,940 $9,480,940 $2,480,940 $2,480,940 519,404,700 PECO and 1.5 Mill Maint and Other 1.5 (S29,335,095) ($30,680,840) ($29,590,731) (533,863,802). ($38,855,063) ($161,305,53 14111 Expenditures $3,276,616 $3,580,914 $13,133,503 '53,336,432 $1,600;000 $25,127,4651 PECO Maintenance Revenue $0 $306,030 S306p30 $306,030 53061030 $1,224,120 Available 1.50 Mill for New $656,398 $960,696 $3,513285 $716,214 ($820,218) $5,026,378 Construction Item Mame 2020 - 2021 Budget 2021-2022 Prop-ded 2022-2023 Projected 2023-2024 Projected 2024-2025 Projected Five Year Total 008 DS Revenue $139,278 $139,278 $139278 $139,278 $139,278 $696,390 PECO New Construction Revenue so So so so so $0 Other/Additional Revenue 52,480940 SZ.483,940 $9,480,940 $2,480,940 $2,480,940 519,404,700 Total Additional Revenue 52,620,218 $2,620,218 $9,620218 52,620,218 $2b20,218 $20,101,090 Total Available Revenue! $3,276,616 $3,580,914 $13,133,503 '53,336,432 $1,600;000 $25,127,4651 Community Development Department Adopted December , 2020, Ordinance 2020-_ Exhibit A Page D-7 474 Indian River County. 2030 Comprehensive Plan Aft 1 1 w Indian River County Community Development Department Supplement # ; Adopted December _, 2020, Ordinance 2020 - Attachment 3 475 Attachment 3 TABLE OF CONTENTS Listof Figures........................................................................................................................................ ii List of Tables ............::"' ........................................................................................................................... as a Introduction............................................................................................................................................1 ExistingConditions ...................................... :......................................................................................... 2 FinancialResources........................................................................................................................... 2 Expenditures...............................................................:....................................................................18 Existing Outstanding Debt ........................ ....22 .................................................................................... Local Policies and Practices.............................................................................................................23 Analysis................................................................................................................................................ 26 Analysis of the Timing and Location of Capital Improvements......................................................26 NeedsAssessment.............................................................................................:..............................32 FiscalAssessment............................................................................................................................34 Fiscal Assessment Summary...........................................................................................................39 ConcurrencyManagement Plan.......................................................................................................... 40 ProjectApplicability........................................................................................................................40 ServiceStandards.......................................::....................................................................................40 Demand............................................................................................................................................ 41 Availabilityof Capacity...................................................................................................................43 Regulation..................................................::.................................................................................... 46 MonitoringSystem..........................................................................................................................46 Applicability.................................................................................................................................... 47 Goal, Objectives and Policies.............................................................................................................. 48 Implementation, Evaluation, and Monitoring................:..................................................................... 56 Implementation................................................................................................................................ 56 Evaluation and Monitoring Procedures ............ .........59 ...................................................................... APPENDIX A: Five Year Schedule of Capital Improvements.............................................................. A APPENDIX B: 2040 Roadway Improvement Plan............................................................................... B APPENDIX C: School District oflndian River County Capital Improvements Schedule .........:.......... C APPENDIX D: School District of Indian River County Summary of Estimated Revenue .................... D Community Development Department Adopted , 2020, Ordinance 2020 - i Indian River County 476 Attachment 3 Figure Title Page Figure 6.1 Ad Valorem Taxes (Property Taxes)............................................................................. 3 Figure 6.2 Enterprise Funds....................:...................................................................................... 3 Figure 6.3 User Fees and Charges.............:................................................................................... 4 Figure 6.4 Special Assessments...................................................................................................... 4 Figure6.5 Impact Fees................................................................................................................... 5 Figure 6.6 Local Discretionary Sales Surtax................................................................................. 6 Figure 6.7 Tourist Development Tax.............................................................................................. 7 Figure 6.8 Local Option Fuel Tax.................................................................................................. 9 Figure 6.9 Franchise Fee/Tax......................:............................................................................... 10 Figure 6.10 Local Government Half -Cent Sales Tax................................................................... 13 Figure 6.11 County Revenue Sharing........................................................................................... 14 Figure 6.12 Constitutional Fuel Tax............................................................................................ 14 Figure6.13 County Fuel Tax........................................................................................................ 15 Figure 6.14 Alcoholic Beverage License Tax............................................................................... 15 Figure 6.15 Mobile Home License Tax......................................................................................... 16 Figure 6.17 General Government Expenditures by Function...................................................... 20 Figure 6.18 Future Capital Improvements Expenditure................................................................33 Community Development Department Indian River County Adopted , 2020, Ordinance. 2020- 11 477 Attachment 3 Table Title Page Table 6.2: Optional Tourist Taxes on Transient Rental Facilities ................................................. 8 Table 6.3: Local Fuel Tax Rates.................................................................................................. 10 Table 6.4: Indian River County General Revenues By Source ..................................................... 17 Table 6.5: Indian River County General Government Expenditures By Function ....................... 18 Table 6.6: Indian River County Existing Long Term Debt........................................................... 23 Table 6.7: Overall General Revenue Projection Summary.......................................................... 29 Table 6.8: Earmarked Projected Revenue by. Comprehensive Plan Element ............................... 30 Table 6.10: Future Capital Improvement Expenditures for Indian River County &............ :....... 32 Table 6.11: Indian River County Overall General Expenditures Projection Summary ............... 35 Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste ........................................... 36 Table 6.13: Indian River County Overall Operating Cost Projections ........................................ 36 Table 6.14: Indian River County Estimated Ability to Raise Bonds Without A Public Vote........ 37 Table 6.15 Indian River County Bond Schedule................................................................... 38 Table 6.16: Service Level Measures for Concurrency Related Facilities .................................... 41 Table 6.17: Monitoring System Design........................................................................................ 46 Table 6.18: Monitoring System Tasks........................................................................................... 47 Table 6.19: Capital Improvement Element Implementation Matrix ............................................. 57 Table 6.20: Capital Improvements Element Evaluation Matrix ................................................... 59 11 Community Development Department Adopted , 2020, Ordinance 2020 - iii Indian River County 478 Attachment 3 Introduction The Capital Improvements Element (CIE) summarizes the needed capital facilities identified in the county's comprehensive plan and describes the financial means by which identified needed facilities are to be funded. The CIE also demonstrates the economic feasibility of the entire comprehensive plan and prioritizes the funding of all the public facilities identified in the county's comprehensive plan based on the level of need and the availability of funds. For purposes of this element, a capital improvement is a substantial facility (land, building, or major equipment) that costs at least $100,000 and which is required to maintain adopted level -of -service standards or to meet objectives identified in the county's comprehensive plan. Included in the CIE are an existing conditions section, an analysis section, a concurrency management section, a goals, objectives, and policies section, and an implementation section. While financial resources and existing local policies and practices are discussed in the existing conditions section, the fiscal condition of both the county and its comprehensive plan, as well as other issues concerning capital improvement projects, are assessed in the analysis section of this element. In the concurrency management section, the administrative framework for maintaining public facility service levels is addressed while the county's overall capital improvements strategy is discussed in the goals, objectives and policies section. Finally, a 5 -Year Schedule of Capital Improvements, as well as monitoring and evaluation programs, can be found in the implementation section of this element. 479 Attachment 3 Existing Conditions Financial Resources One of the chief functions of the Capital Improvements Element is to inventory the major sources of revenue available to the county. Those revenue sources determine the county's capability to fund needed capital improvements. Table 6.1 lists the county's local, state, and federal revenue sources and indicates the amount of revenue collected from each source during FY 204-718/"l 9. Table 6.1 also shows the percentage distribution of total revenue received by Indian River County for each of the revenue sources. 480 Attachment 3 Table 6.1: Indian River County Revenue Sources (FY 201844/1948) Federal Sources State Sources Local Sources Amount % of Total Amount % of Total Amount % of Total ($1,000) Revenue ($1,000) Revenue ($1,000) Revenue Various Grants &4,4248 6 223 2.343-3-7% Local Government Half -Cent Sales Tax $10.2989908 3.693-63% Ad Valorem Taxes $105.2479" 38 37_7036-14 % Total Federal $65238; 324 2.343-55-70/, County Revenue Sharing $44 0114-,7-P 1.441.38% Enterprise Funds $56 751323 20.3365% Constitutional Fuel $1 9163 0.699:68% User Fees and $17'9794-33 6.428% Tax Charges $83381-8 93QQ40% $53146 0.1938% County Fuel Tax Special Assessments Alcoholic Beverage License Tax $6890.02-3% Impact Fees $7 5972-0-5 2.7266% Distribution of $447 0.16% $19 2635.788 6.9056% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $1076 0.04% $3,09423 1.11% Mobile Home Tourist Development License Tax Tax $6 5647;H28 2.352 -?-9% $3,633839 1.340% Various Grants Local Option Fuel Tax Total State $24,24468 8.689:93% Franchise Tax $9,124448 3.2746% $12.2903;9&3 4.404-13% Interest Income $1291974366 4.653-17% Other $2438,42329 88.9844% Total Local $2793,1907-13 100.00% Total All Sources 480 Attachment 3 Local sources consist of revenues that are levied, collected and disbursed at the local level solely at the discretion of Indian River County. Those local sources are shown in table 6. 1, and are described in further detail below. • Ad Valorem Taxes (Property Taxes) Ad Valorem taxes are taxes levied on the assessed value (net of any exemptions) of real and personal property. This tax is commonly referred to as "property tax." Ad valorem taxes are generally assessed in mills; that is, thousandths of a dollar of assessed value. The state mandated millage cap is 10 mills per local government, excluding voted millages. In FY 204-718/4-919, Indian River County imposed an aggregate millage rate of 5.9901. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Table "6.1 shows that, in FY 20P18/4.819, Indian River . County collected approximately $98105,43- in ad valorem taxes. In FY --FY 20 18/4-819, ad valorem taxes represented 36.17-37.70% of all revenues collected by Indian River County. Figure 6.1 displays the ad valorem tax revenue collected by Indian River County over the last six fiscal years. As shown, ad valorem tax revenue has increased each year since FY 2013/4-314. The increase relates to a continually improving housing and property market. Enterprise Funds Figure 6.1: Ad Valorem Tax Revenue by FY $120,000 -- --_ $100,000 Ssa•63s $64.714 $80,000 _ $60,000 I $40,000 i $20,000 $0 13/14 14/15 15/16 16/17 17/18 18/19 Source: I nd ian River Cou nty Fina, �cUCNaI.l I ICIIL Figure 6.2: Enterprise Fund Reserve by FY $60;000 556,327 $56,751 551,072 552,769 $50000 545.337 547.739 $40.000 $30,000 $20,000 $10,000 $o U L 13/14 14/15 15/16 16/17 17/18 18/19 oRevenue(in thousands) Source: Indian River County Finance Department Within governmental entities, there are often various departments that provide goods and services to the public in a manner similar to the private sector. Such departments, classed under the general title "enterprise funds," must raise revenues from outside the government sector. Generally, enterprise departments assess a fee to the customer using the goods or services provided by that department. In Indian River County, Utility System, Solid Waste Disposal District, Golf Course, and Building Division are enterprise funds. 481 Attachment 3 Table 6:1 shows that enterprise fund revenue represented 20.6-533% of Indian River County's total funds for FY 20471.8/419. Figure 6.2 displays the enterprise fund revenue collected by Indian River County over the last six fiscal years. During that time period, enterprise fund revenue increased 29.0525.18%. • User Fees and Charges User fees and charges represent revenue received by the county for providing various general services. Those fees and charges are necessary because taxes alone cannot totally keep up with the increasing costs of services. This category includes fees collected by the Tax Collector's Office, the Clerk of the Circuit Court, the Property Appraiser's Office, the Sheriff's Department, and the Recreation and Parks Department. This category also includes other miscellaneous user fees charged by the county for general services not financed by other fund sources. In FY 20.1-718/4919, user fees and charges represented 6.42.8% of all funds collected by Indian River County. Figure 6.3: User Fees and Charges by FY $19,000 -- — — --- — $18,500 $17,919 $18,000 $17,500 $17,000 $16,500 $16,007 $16,000 $15,5M $15,500 $15,000 $14,500 $14,000 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Ind *an Rever County Finance Deurtment Figure 6.3 displays user fees and charges collected by Indian River County over the last six fiscal years. During that time period, revenue from user fees and charges varied, but overall decreased 7-.2-7.87%. Special Assessments Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services. By law, the assessment levied must fairly reflect the actual costs of the improvements. County revenues which fall under the general category of special assessments consist of street paving assessments, street lighting district assessments, as well as assessments for . water, sewer, and drainage improvements. Expenditures of special assessment revenue are restricted to public improvement Figure 6.4: Special Assessments Revenue by FY $800 $700 $600 $536 $562 $546 $531 $505 $500 $400 $300 $200 $100 $- 13/14 14/15 15/16 16/17 17/18 18/19 ®Revenue (in thousands) Source: Indian River County Finance Department projects that directly benefit the property owner or payee. For example, street paving assessment revenues must be spent on paving streets that directly benefit the payer of the assessment. Special Assessment revenue represented 0.2-019% of county funds for FY 204718/4919. Figure 6.4 482 Attachment 3 Comprehensive Plan Capital Improvements Element displays the revenue collected by Indian River County through special assessments over the last six fiscal years. During that time period, revenue from special assessments increased by 13.515.15%. Impact Fees An impact fee is a one-time charge, fee, or assessment levied as a condition of subdivision or site plan approval, building per issuance, or other development or construction approval when the revenues collected are intended to fund the costs of capital improvements for public facilities. Since 1986, Indian River County has levied traffic impact fees on new development projects. In June of 2005, Indian River County began to levy 8 new impact fees. At the same time, the County increased the existing traffic impact fee rates. The nine impact fees include: transportation€f e, fire/emergency services, parks and recreation, educational facilities„ blie scheme solid waste facilities, correctional facilities, law enforcement, libraries, and public buildings. On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an effective date of February 2, 2015. For both the nonresidential impact fee schedule and the residential impact fee schedule the Board of County Commissioners voted to not collect the Community Development Department Indian River County Adopted , 2020, Ordinance 2020- 5 483 Attachment 3 Figure 6.5: Impact Fee Revenue by FY $8,000 $7,245 $7,597 $7,000 $s,2s2 $6,000 $5 281 $5,704 $5,000 $a tis $4,000 $3,000 $2,000 $1,000 $- 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance De artment facilities, correctional facilities, law enforcement, libraries, and public buildings. On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an effective date of February 2, 2015. For both the nonresidential impact fee schedule and the residential impact fee schedule the Board of County Commissioners voted to not collect the Community Development Department Indian River County Adopted , 2020, Ordinance 2020- 5 483 Attachment 3 Comprehensive Plan Capital Improvements Element correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than seven million dollars of impact fee revenue was collected in FY 2017/18. This is nearly six and a half million dollars more than what was collected in FY 2010/11. Impact fee revenues decreased during the Great Recession, then gradually increased through FY 2015/16 and slightly decreased in FY 2016/17. During the past six years revenue from impact fees have increased 125.3 80.11 %. Local Discretionary Sales Surtax Pursuant to s. 212.055, F.S, local governments are authorized to levy numerous types of local discretionary sales surtaxes. Under the provisions of s. 212.054, F.S., the local discretionary sales surtaxes apply to all transactions subject to the state tax imposed on sales, use, services, rentals, admissions, and other authorized transactions. The surtax is computed by multiplying the rate imposed by the county where the sale occurs by the amount of the taxable sale. This sales tax can be levied on most transactions under $5,000. According to state law, Indian River County is eligible to impose a Local Government Infrastructure Surtax of either 0.5% or 1.0%. Currently, Indian River County imposes the 1.0% Infrastructure Surtax. Figure 6.6: _Local Discretionary Sales Surtax by FY $25,000 --- $20,000$18,70 $19,263 $15,2 $16,19 $16,85 $17,62 2 - $15,000 1 $10,000 i $5,000 13/14 14/15 15/16 16/17 17/18 18/19 0 Revenue (in thousands) Source: Indian RiverCounty.Finance Department Procedurally, the Local Government Infrastructure Surtax must be enacted by a majority vote of the Board of County Commissioners and approved by voters in a countywide referendum. That surtax, which may be imposed for a maximum period of fifteen years, was imposed by Indian River County in April, 1989, and was renewed by voters in November, 2002 and again in November 2016. Generally, the proceeds must be expended to finance, plan, and construct infrastructure; to acquire land for public recreation or conservation or protection of natural resources; or to finance the closure of local government-owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection. Table 6.1 shows that local sales surtax revenue represented 6.9690% of all funds collected by Indian River County in FY 204-718/4-919. Figure 6.6 displays the Local Discretionary Sales Surtax revenue received by Indian River County over the last six fiscal years. This local revenue source increased by 36..4726.50% over that period. Distribution of surtax proceeds is based on the specifics of an interlocal agreement or through a formula based on population. In Indian River County, Local Infrastructure Surtax revenue is distributed to county government and municipal governments through a formula based on population. 484 Attachment 3 Currently, twenty-five of the sixty-seven Florida counties levy a Local Government Infrastructure Surtax. Within Indian River County's region, Martin and St. Lucie counties do not levy the surtax. While Okeechobee County is eligible to levy the infrastructure surtax, it instead levies a Small County Surtax of 1 %. That is another local discretionary sales surtax. Tourist Development Tax Any county in the state may, subject to a vote of the citizenry, impose a Tourist Development Tax. The transient rental trade is the primary base for the levy of the tourist tax. Any lodging agreement for six months or less is subject to the tax. Generally, the tourist tax levy is one or two percent. Counties, however, may set an additional one percent above the original tax through an extraordinary vote of the governing board or by referendum. Further, if a professional sports franchise facility is located within a county, an additional one to two percent tourist tax may also be levied. The first one percent professional sports franchise facility tax may be authorized by a Figure 6.7: Tourist Development Tax Revenue by FY $3,500 - $3,025 $3,094 $3,000 $2818 $2,500 $2,267 $2,433 $2,000 $1,918 $1,500 $1,000 $500 $- 13/14 14/15 15/16 16/17 17/18 18/19 0 Revenue (n thousands) Source: Indian River County Finance Department majority vote of the governing board of the county, while the second one percent tax must be authorized by a majority plus one vote of the governing board of the county. Currently, Indian River County imposes the original two percent tourist tax, the additional one percent tax, and an additional one percent professional sports franchise facility tax. Out of Florida's sixty-seven counties, sixty-three currently levy a tourist tax. Of those sixty-three counties, fifty-three counties, including Indian River County, impose an additional one percent tourist tax; forty-four counties, including Indian River County, impose a one percent professional sports franchise tax, and thirty counties impose the second one percent professional sports franchise tax. 485 Attachment 3 Table 6.2 displays the tourist taxes imposed in counties that are geographically proximate to Indian River County. Compared to neighboring counties, Indian River County imposes a similar level of tourist taxes. Palm Beach County has the highest tourist tax levy of the six counties listed (6.0%), followed by Brevard, St. Lucie, and Martin Counties at 5.0%. While Indian River County has a tourist tax rate of 4.00%, Okeechobee County has the lowest tourist tax levy at 3.0%. Table 6.2: Optional Tourist Taxes on Transient Rental Facilities Original Professional Additional Maximum County Tourist Additional Sports Professional Potential % Total % Levy Tax Franchise Sports Tax Facility Tax Franchise Tax Levy Brevard 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Indian River 2.00% 1.00% 1.00% ---------- 5.00% 4.00% Martin 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Okeechobee 2.00% 1.00% ---------- ---------- 5.00% 3.00% Palm Beach 2.00% 1.00% 1.00% 1.00% 6.00%* 6.00%* St. Lucie 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Note: Shading indicates those counties eligible to impose a particular tax *Palm Beach County is 1 out of 9 counties in the state that can also impose a 1% High Tourism Impact Tax, which it currently does levee. Source: The Florida Legislature's Office of Economic and Demographic Research website: November 20-920 The Local Option Tourist Tax can be used for the following purposes: (1) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote one or more publicly owned and operated convention centers, such as sports stadiums, coliseums, or auditoriums within the district that the tax is imposed; (2) Acquire, construct; extend, enlarge, remodel, repair, improve, maintain, operate, and promote aquariums, or museums that are publicly owned and operated or owned and operated by a not-for-profit organization and open to the public, within the boundaries of the county or sub -county special taxing district in which the tax is levied; (3) Promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; 486 Attachment 3 (5) Fund convention bureaus and other tourist information bureaus as county agencies or by contract with the Chamber of Commerce or similar associations in the county; (6) Finance beach park facilities, or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement, cleanup, or restoration or inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river; (7) Pledge the revenues to secure and liquidate revenue bonds issued by the county, subject to certain limitations. Figure 6.7 shows the Tourist Development Tax revenue received by Indian River County over the last six fiscal years. Since FY 201-23/1-34, Tourist Development Tax revenue has increased �3-5561.31 %. ➢ Local Option Fuel Tax Local governments are authorized to levy up to twelve cents of local option fuel taxes in the form of three separate levies. Those levies are: ➢ a one to six cent local option fuel tax; ➢ a one to five cent local option fuel tax; and ➢ a ninth cent fuel tax. Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.430% of all funds collected by Indian River County for FY 204-718/1-99. Figure 6.8 shows that, since FY 2012-3/1-34 there has been an upward trend with local option fuel tax revenue for the county. The increase in local option fuel tax revenue can be attributed to an improving economy and lower fuel prices which have led to an 487 Attachment 3 Figure 6.8: Local Option Fuel Tax Revenue by FY $4,500 - $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500IMAMLML 1 I $- JME - .2 - 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Department Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.430% of all funds collected by Indian River County for FY 204-718/1-99. Figure 6.8 shows that, since FY 2012-3/1-34 there has been an upward trend with local option fuel tax revenue for the county. The increase in local option fuel tax revenue can be attributed to an improving economy and lower fuel prices which have led to an 487 Attachment 3 increase in fuel consumption. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Table 6.3 identifies the local fuel taxes levied in Indian River County and in other counties in the region. As shown in Table 6.3, Saint Lucie, Martin, Okeechobee, and Palm Beach counties all levy the highest allowable fuel taxes at $0.12 per gallon. Those four counties impose both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax. While Indian River County is eligible to levy the Ninth -Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax either by extraordinary vote of the Board of County Commissioners or by voter approval in a countywide referendum, it does not currently levy either tax. At this time, fifty-thfeefour of the sixty-seven Florida counties levy the Ninth -Cent Fuel Tax, while thirty-€eafsix of the sixty-seven Florida counties impose at least a portion of the One to Five Cent Local Option Fuel Tax. Table 6.3: Local Fuel Tax Rates County One to Six Cent Local Option Fuel Tax One to Five Cent Local Option Fuel Tax Ninth Cent Fuel Tax Total Local Fuel Tax Brevard $0.06 -------- -------- $0.06 Indian River $0.06 -------- -------- $0.06 Martin $0.06 $0.05 $0.01 $0.12 Okeechobee $0.06 $0.05 $0.01 $0.12 Palm Beach $0.06 $0.05 $0.01 $0.12 St. Lucie $0.06 $0.05 $0.01 $0.12 Source: The Florida Legislature's Office of Economic and Demographic Research website: November 201.920. Franchise Fee/Tax Counties and municipalities may exercise their home rule authority to impose a fee upon a utility for the grant of a franchise and the privilege of the utility using the local government's rights-of-way to conduct the utility's business. Franchise fees are typically levied through a franchise agreement negotiated between the local government and the utility provider. Indian River County receives franchise revenue from electric, water, sewer, garbage, and cable television franchises. Community Development Department Adopted , 2020, Ordinance 2020 Figure 6.9: Franchise Fee/Tax Revenue $9,500 by FY $9,448 $9,400 $9,311 $9,300 $9,274 $9,200 $9,181 $9,130 $9,124 $9,100 $9,000 $8,900 13/14 14/15 15/16 16/17 17/18 18/19 0 Revenue (in thousands) Source: Indian RiverCounty Finance Indian River County 10 488 Attachment 3 Table 6.1 shows that franchise fee revenue represented 3.4627% of all funds collected by Indian River County in FY 204-718/4-919. Figure 6.9 shows that since FY 204413/14 franchise fee revenue collected by Indian River County ikdecreased -72.01 %. • Other Miscellaneous Revenue Included in this category are various administrative fees, licenses and permits, fines, interest income, rental income, private contributions, and other miscellaneous revenues. This source of revenue for Indian River County represented -74.44651/o of all funds collected in FY 204-718/4-819. 19. Borrowing As needed, the county uses borrowing as a financing vehicle to raise money for public purposes that are beyond the realm of current cash reserves, operating revenue and reasonable taxation. Currently, borrowing money to pay for capital improvements can be done through either short-term or long-term financing. Short term financing is usually accomplished by the use of bond pools, notes, private placements with banks, and the public placement of Voted General Obligation debt. Long term financing is usually achieved through the issuance of bonds sold on the public market. According to state law, local governments may sell bonds for capital improvements without a referendum of the voters if the pledge used for the bond is a non -ad valorem revenue source. Conversely, any bond issue pledging ad valorem taxes requires approval through a voter referendum. General Obligation Bonds are bonds that are secured by the full faith and credit of the issuing government. Those bonds are secured by a pledge of the issuer's ad valorem taxing power. According to state law, the amount of ad valorem taxes necessary to pay the debt service on general obligation bonds is not subject to the constitutional property tax millage limits. Such bonds constitute debts of the issuer and require approval through a voter referendum prior to issuance. Revenue bonds are bonds payable from a specific source of revenue, where the full faith and credit of the issuer is not pledged to repay the bonds. Because revenue bonds are payable from identified sources of revenue, bond holders may not compel taxation or legislative appropriation of funds for payment of debt service. Pledged revenues may be derived from operation of financed projects, grants, or other specified non -ad valorem taxes. A public referendum is not required prior to issuance or validation of such obligations. In the past, the county has issued revenue bonds to finance improvements to its sanitary sewer, potable water, and golf course facilities. Also, revenue bonds have been issued to finance the cost of construction of various capital improvement projects. Deposits from bond revenues are put into the respective bond fund accounts for those projects, whereby funds are specifically designated for a particular project, and user charges are used to payoff the debt. Special assessment bonds are bonds issued to pay for capital improvements that impact specific areas or groups of property owners. Proceeds from the assessments levied against benefiting property 489 Attachment 3 owners are used to pay off the bond debt. The issuance of those bonds does not need to be approved by voter. referendum. Revenue bonds and special assessment bonds are similar in nature, except that special assessment bond debt is paid -off by assessments levied against benefiting property owners and not from ongoing user charges. The county has issued special assessment bonds for solid waste disposal. The issuance of tax anticipation or bond anticipation notes is an example of a short-term (less than five years) method of financing. Notes usually have higher interest rates than bonds and have shorter maturity dates than bonds. Tax anticipation notes are issued in advance of a new fiscal year to cover gaps in the budget before property taxes are received, while bond anticipation notes are issued in anticipation of the receipt by the county of proceeds from the sale of corresponding future bond issues. The county currently has no outstanding tax or bond anticipation notes. Additional Optional Local Revenue Sources Occasionally, the use of additional revenue sources may be necessary, depending on priorities mandated by the Board of County Commissioners and the availability of existing revenue sources. In such cases, Indian River County has two options to increase local revenues. One is to implement new taxes that are permitted by state regulation, while the other is to increase existing taxes and fees that are imposed by the county. Additional local revenue sources available to Indian River County include the Ninth Cent Fuel Tax, the One to Five Cent Local Option Fuel Tax, and the Professional Sports Franchise Facility Tax. Both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax are taxes on the purchase of fuel. With the Ninth Cent Fuel Tax, a one cent per gallon tax on motor fuel and special fuel can be levied on fuel purchases in the county. Revenue from the Ninth Cent Fuel Tax may be shared with municipalities, but counties are not required by law to share the proceeds. Authorized uses for revenue collected from the Ninth Cent Fuel Tax include paying the costs and expenses of establishing, operating, and maintaining a transportation system and related facilities. Additional uses include funding the acquisition, construction, reconstruction, and maintenance of roads. The One to Five Cent Local Option Fuel Tax is a one to five cents tax that can be levied upon every gallon of motor fuel sold in Indian River County. Revenues from that fuel tax must be shared among all eligible jurisdictions in the county as a result of an interlocal agreement or by an historical transportation expenditures formula. Authorized uses for revenue collected from the One to Five Cent Fuel Tax include transportation expenditures needed to meet the requirements of the Capital Improvements Element of the Comprehensive Plan. A Professional Sports Franchise Facility Tax is a levy of up to 1% on any lodging agreement for six months or less. Revenue from this tax may be used to pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility. 490 Attachment 3 State Sources Revenue classified as state sources may be generated locally but collected by the state and returned to the county. Table 6.1 displays the state revenue sources applicable to Indian River County. Those sources are described in further detail below. • Local Government Half -Cent Sales Tax The Local Government Half Cent Sales Tax Program allocates 8.9744% of net sales tax proceeds remitted by sales tax dealers in a county to a special account administered by the Department of Revenue; that account is the Local Government Half Cent Sales Tax Clearing Trust Fund. Those funds are then earmarked for distribution to the governing body of the county and each municipality within the county. Distribution. of those monies within the county is determined by a formula that uses a weighting factor based on the population of the incorporated and unincorporated areas and multiplies that factor by 8.9744% of the sales tax proceeds received by the county. In FY 204718/4919, Indian River County received Figure 6.10: Half Cent SalesTax $12,000ffiebv FY $9,908 $10,298 $10,000 $9,044 $9,432 $8,220 $a,685 $8,000 $6,000 $4,000 $2,000 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Department $109,298909,000 through the half -cent sales tax. As shown in Table 6. 1, that amount represented 3-.6-33.69% of all funds collected by Indian River County during the 204-718/241-919 fiscal year. Figure 6.10 displays the funds made available to Indian River County through the half -cent local government sales tax over the last six fiscal years. Overall, Indian River County's half -cent sales tax revenue increased between Fiscal Year 204213/4314 and Fiscal Year 204-718/4-919. Occasionally, governments can receive supplemental distributions by meeting special eligibility criteria; however, in no case can the total supplemental and ordinary distribution exceed the maximum per capita amount allowed by law. Governments are allowed wide latitude in using the half cent sales tax. For counties, the law provides only that half cent sales tax revenue be used for countywide tax relief or countywide programs. Figure 6.11: County Revenue Sharing by FY $4,500 - - $4,000 $3,500 M IN IN 1 $3,000 $2,500 MIN ME ME 1 $2,000 $1,500 IN 11 111 M 11 11 1 $1,000 IN M MIN ME 111 M I $500 IN ME MIN M min 13/14 14/15 15/16 16/17 17/18 18/19 MRevenue (in thousands) Source: Indian River County Finance Deparment 491 Attachment 3 County Revenue Sharing The current structure of the county revenue sharing program consists of two revenue sources. Those sources include 2.90% of net cigarette tax collections and 2.0810% of sales and use tax collections. Proceeds are collected by the state and then distributed to eligible counties based on an allocation formula. There are no use restrictions on the distributed revenue; however, there are some statutory limitations regarding those funds being used as a pledge for indebtedness. To receive distribution proceeds through the county revenue sharing program, counties must meet the following criteria: Law enforcement officers and firefighters are certified and meet state requirements; Certification of taxable value for a property tax levy is made in a timely and correct manner to the Department of Revenue; The county's most recent financial reports must have been sent to the Department of Financial Services, and post audits of those statements and accounts must have been provided. Table 6.1 shows that county revenue sharing funds represented 1.31A4% of all funds collected by Indian River County in FY 2018/4$19. Figure 6.11 shows that, between Fiscal Year 201213/4.314 and 20 18/4-519, Indian River County's revenue from revenue sharing gradually increased. I F1r.1JRF a 12• r_nnc.►ihAinnal Fnnl Tax The constitutional fuel tax is defined as an excise or license tax of two cents per gallon of motor fuel, imposed upon the first sale or first removal from storage (after importation into Florida). Revenues from this levy become state funds at the time of collection by the refiner, importer or wholesaler. In its current form, the constitutional fuel tax is a state -shared revenue. source for counties only. Applying a distribution formula, the state allocates proceeds to counties to the extent necessary to l )ource: inaiannrverLountyrinanceuepartment comply with all obligations to: or for the benefit of holders of bonds, revenue certificates, and tax anticipation certificates or any refunds secured by any portion of the tax proceeds. After complying with the necessary debt service obligations, the state distributes a county's surplus funds to its governing body. Attachment Table 6.1 shows that revenue received from the constitutional fuel tax levy represented 0.699% of total revenue received by Indian River County in FY 201-78/1,99. Figure 6.12 shows that, over the last six fiscal years, constitutional fuel tax revenue received by Indian River County increased by 1-57.44-69%. County Fuel Tax The county fuel tax is levied on motor fuel at the rate of one cent per net gallon. The legislative intent of this tax is to reduce a county's reliance on ad valorem taxes. Funds received from this tax can be used by a county for transportation -related expenses, including the reduction of bond indebtedness incurred for transportation purposes. Table 6.1 shows that funds received through the county fuel tax levy represented 0.30% of all revenue collected by Indian River County in FY 201-78/199. Figure 6.13 shows that, over the last six fiscal years, county fuel tax revenue received by Indian River County increased 17.199%. Alcoholic Beverage License Tax Alcoholic beverage license taxes are levied on manufacturers, distributors, vendors, and sales agencies of alcoholic beverages in Florida. The tax is administered, collected, enforced, and distributed to local governments by the Division of Alcoholic Beverages and Tobacco within the Department of . Business and Professional Regulation. Twenty-four percent of the license taxes imposed on the sale of beer, wine and liquor collected within a county is returned to the county Tax Collector. The remaining funds are used to operate the division and contribute to the operation of the Office of the Secretary of Business Regulation. Figure 6.13: County Fuel Tax by FY $850 $800 $750 $700 $650 $600 — -� 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Department Table 6.1 shows that the county received approximately $698,000 from this tax in FY 201-78/1-89, 0.032% of all revenue received by Indian River County. Figure 6.14 shows that, over the last six fiscal years, alcoholic beverage license tax revenue received by Indian River County fluctuated. 493 Attachment 3 II�I�I� �II Table 6.1 shows that the county received approximately $698,000 from this tax in FY 201-78/1-89, 0.032% of all revenue received by Indian River County. Figure 6.14 shows that, over the last six fiscal years, alcoholic beverage license tax revenue received by Indian River County fluctuated. 493 Attachment 3 Distribution of Sales and Use Taxes to Counties According to Florida Statutes, a guaranteed entitlement of $29,915,500 is equally distributed among Florida's sixty-seven counties, providing each county's general revenue fund with $446,500. Table 6.1 shows that revenue received from the Distribution of Sales and Use Taxes represented 0.16% of revenues received by Indian River County in FY 201-78/1g. Uses for this revenue are determined by the Board of County Commissioners. Mobile Home License Tax An annual license tax is levied on all mobile homes and park trailers, and on all travel trailers and fifth -wheel trailers exceeding thirty- five feet in body length. The license taxes, ranging from $20 to $80 depending on body length, are collected in lieu of ad valorem taxes. The taxes are collected by county tax collectors, Figure 6.15: Mobile Home License Tax Revenue by FY $114 $113 $112 $110 $110 $108 $108$107 $106 $106 ) $104 $103 { $102 �I $100 1 $98 13/14 14/15 15/16 16/17 17/18 18/19 ® Revenue (in thousands) Source: Indian River County Finance Department and remitted to the Department of Highway Safety and Motor Vehicles. From each license, two deductions are made. The first is a deduction of $1.50 by the Department of Highway Safety and Motor Vehicles, with proceeds deposited into the State General Revenue Fund. The second is a deduction of $1.00, with proceeds deposited.into the Florida Mobile Home Relocation Trust Fund. The remaining balance is deposited into the License Tax Collection Trust Fund for distribution to units of local government. A county government is eligible to receive proceeds from this tax if taxable mobile home units are located in its unincorporated area. An authorized use of the proceeds is not specified in the current law. Table 6.1 shows that funds received through the mobile home license tax represented 0.04% of all revenue received by Indian River County in FY 201-78/199. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 20123/1-34 and FY 201-78/199. Various Grants Table 6.1 shows that funds received in the form of state grants represented 2.7935% of funds received by the county in FY 201-78/1,99. Those state grant funds received by the county.originated from the Division of Emergency Management, the Florida Housing Finance Corporation, the Florida Department of State, the Florida Department of Environmental Protection, the Florida Department of Transportation, the Florida Department of Revenue, the Florida Department of Law Enforcement, the Florida Department of Economic Opportunity, and the Florida Department of Health. 494 Attachment 3 Federal Sources Federal funds are either granted directly to local governments or passed through state agencies for administration and monitoring. Those grants are usually distributed on a competitive basis rather than by formula allocations, thereby making forecasts of future revenues difficult. For the purpose of revenue forecasts, those sources will be assumed to remain constant. During FY 201-78/1-99 the county received approximately $96,724523,000 in federal funds. Those funds represented 32. 34% of all funds received by Indian River County in FY 201-78/1-99. Overall Revenue Sources As mandated by state statute, the financial resources of the county are categorized according to the state Chart of Accounts. The categories in the state Chart of Accounts are taxes, licenses and permits, intergovernmental revenue, charges for services, fines and forfeitures, and miscellaneous revenues. Table 6.4 identifies the total amount of historic revenue generated from those sources for fiscal years 201-23/134 through 201-78/199. Table 6.4: Indian River County General Revenues By Source Fiscal Year Licenses & Intergovernmental Charges for Fines & Miscellaneous Totals Taxes Permits Revenue Services Forfeitures Revenues -201212013 coo�nc�=�� e»�4o;" $38,998;936 f°�,56C S;75;573 ce�81 $196,924,924 2013/2014 $94,585,345 $14,321,389 $30,873,889 $63,414,219 $1,004,374 $4,141,341 $208,340,557 2014/2015 $100,182,672 $18,471,625 $33,624,651 $62,987,961 $924,860 $4,548,434 $220,740,203 2015/2016 $109,101,602 $19,872044 $33,535,027 $62,868,855 $1708273 $10,591,490 $237,677,291 2016/2017 $115,774,419 $19,558,052 $31,587,431 $64,685,312 $1,680,464 $9,058,093 $242,343,771 2017/2018 $125,723,036 $22,425,960 $37,168,177 $67,769,381 $1,739,585 $17,885,999 $272,712,138 2018/2019 1 $132,706 277 521.586.692 $33,137,945 571,070,803 S2,17730 $18,510,569 5279.189 995 Source: Indian River County Comprehensive Annual Financial Report, 2017-8/199 & Indian River County Finance Department. Figure 6.16 displays the distribution of revenue by the same categories listed in table 6.4 for each of the last six fiscal years. 495 Attachment 3 Figure 6.16: Distribution of General Revenues By Category 1.99% 2014 o.a8°i •44% '14.82% �r 6.87% 2017 8.070/ 3.74 0 26.69% p n. 0.69°/ 13.03% a Taxes a Charges for services Expenditures .06°/6 2015 8.37°i 28.53% 1U300 -- 0.42% 2018 13.63% s.22% 6.56% °� 0.64% B Licenses & Permits ■ Fines & Forfeitures 2016 4.4s°i° �26.451%/. 0.72% 8.36% 663% 2019 7.73 aM� 25.46% 0.78% 11.87% ❑ Intergovernmental Revenue E3 Miscellaneous Revenues In the previous sub -section, the various revenue and income sources currently utilized by Indian River County were reviewed. This sub -section of the Capital Improvements Element identifies how those monies are allocated to meet the County's needs. Table 6.5 presents the County's overall general expenditures by category for fiscal years 201-23/1-34 through 201-78/1-99. Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2013/14 3043113 2014/15 2043/44 2015/16 2814119 2016/17 201-5116 20.17/18 2036117 2018-7/198 General Government $21.517,147 $23,569,495 $23,028,473 $29,456,693 $30,631,940 $28.825.66853 Public Safety 570,3 68,651 574,492,323 81 251 970 8 841 802 S92 695 363 594 683 7659 496 Attachment 3 Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2013/14 3 2014/15 3013,14 2015/16 244444 2016/17 241-5" 2017/18 20187/198 866,908328 8?0;3683-5+ $7e�,�92,323 $8625478 $89;841,892 2,695,363 Physical Environment $49.893.042 $464684- $48.474.272 $49,148,815 $55,578.221 $59.317.463 $65,665.032$-5 n z i�4z $49$93-142 548,484,32 $49 1 ni z 49,81,81 c $33,3 $ 22 c� Transportation 534.859,058 $3-7-, 88 529.811672 530,991,899 $29,314,242 531,359,379 $31224,861$-3 4-� $34,839,0558 929 812,672 9 c�_n�� Economic Environment $1.106.886 c' cz.-�' "0-c' 436 320 x-17496;$86 5424,593 5436428 $437,031 $424393 $426,085 943-7-03,1• JIL9 565$43-6; 085 Human Services $7,178,542 $6T4P--460 $7,519,756 S7,868,392 58.116.910 59.302,125 eO�0 $9.511.279$9,-3 024-14 S7-, P -&343c r cam, �9T`6 &7-, - Culture/Recreation $15.178,817 ein�i i�� S19,857,345 $24.240,179 $15,891,840 $14,980.225 $21,638,673,54 81c�T 91n�5 c-2n�n inn ci�oo4-,W Court Related $6,487,906 6 677 909 $6.605,682 $6.755.050 $6.540,045 JZLL7 297563 Debt Service $5.684.616 U4"-,704 S5,446,070 S5,215,007 $5,230,520 S5,270,153 &5 -1- $6,179.835$-5-,4 49-153 5-548464--6 55444070 &51-- r TOTAL $212,274,665$2159 9$01 $216.286,162 5228.775.010 $240,622,309 $250.522.778 $265.386.1865 1 a-&44-2244 1 52-1''�� e�,c c� c��o�- �'-�` ^v'ro $24032 -?3A4 Source: Indian River County Comprehensive Annual Financial Report 20183/198. Table 6.5 shows expenditures in nine categories. Depending on the county's activities in any given fiscal year, the level of expenditures may fluctuate for certain categories. Figure 6.17 displays the percentage distribution of Indian River County's general expenditures over the last six fiscal years. Figure 6.17: General Government Expenditures by Function 2014 23.5% 33.1% 16.4% ,r .5% 3.4% 10.1% 2.7% 3.1% 7.2% 2015 34.4% 22.4% 10.9%' 13.8% 2.5% 3.1%9.2% 3.5% 0.2% 12.2% 2017 1S 03.4%. t37.3% 23.1% 2.2% ` 2.1 12.2%2.8% .2% B General Govemment ® Transportation ® Culture/ Recreation 37.0% ++q� 12.5% 3.7130/- 0.2% m Public Safety ■ Economic Environment Em Court Related 2016 35.5% 21.5% 10.1% 10.6% 2.3% 0.2 /o 2.9/0 ° 3.40/6 o 0 13.5% 2019 35.7% 24.7% % 10.9% 8.2% 0.2% 2.3% 2.7% 3.6% ❑ Physical Environment o Human Services iu Debt Service 497 Attachment 3 A major classification of services provided by Indian River County, the general government expenditure category, consists of activities undertaken by the legislative and administrative branches of the county government. Departments such as the Board of County Commissioners, County Administrator, Personnel, and Purchasing fall into this category, as do all Constitutional Officers, except the Sheriff. As shown in table 6.5, $3828,63-1.825,94A668 was spent on general government services in FY 201-78/1-89. Between fiscal years 201-23/1-34 and 201-78/1-89, general government expenditures increased by 393.4697%. In FY 201-78/189, general government services represented 1-20.2486% of all county expenses. Public Safety The Sheriff's Department, Fire Services, Advanced Life Support, Emergency Management, and the Medical Examiner fall under the category of Public Safety. As shown in table 6.5, the county, in FY 201-78/1-99, spent $9-24,69683,363976 for public safety services. Since FY 2012-3/1334, public safety expenditures have increased by 3-84.545%. Public safety represented 3-75.688% of all county expenses in FY 20168/1-79. Physical Environment The physical environment classification encompasses the county's water and waste water utilities, the Solid Waste Disposal District (SWDD), the Soil and Water Conservation District, and the Environmentally Sensitive Land Acquisition Fund. Table 6.5 shows that $659,6653,463032 was spent on these activities in FY 201-78/199. Since FY 20133/134, physical environment expenditures have increased by X31.-1861 %. Physical environment services represented 234.6574% of all county expenses in FY 201-78/1-99. Transportation Departments under the transportation category include Road and Bridge, County Engineering, Secondary Roads Construction, and Traffic Engineering. Those departments are responsible for designing, constructing, overseeing, and maintaining the county's roads and drainage systems. As shown in table 6.5, the county spent $31,3-59224,-3-7-9861 on transportation facilities in FY 201-78/139. 498 Attachment 3 Since FY 20123/134, transportation expenditures have decreased by 106.2943%. Transportation expenses represented 112.77-52% of all county expenses in FY 20128/199. Economic Environment Included in the economic environment category are the costs of providing services which develop and improve the economic condition of the community and its citizens. Up to June 30, 2011, Veteran Services, the Housing Authority, and the Economic Development Division of the Indian River County Chamber of Commerce primarily undertook that function. On July 1, 2011, the Housing Authority was officially separated from the County; consequently, its expenditures are no longer reported here. Table 6.5 shows that $4269,85565 was spent on economic environment services in FY 201-78/199. Since FY 20123/124, economic environment expenditures have decreased by 9357.4958%. Economic environment expenses represented 0.182% of all county expenses in FY20128/199. Higher expenses between FY 2011/12 and FY 2013/14 were the result of expenditure of Neighborhood Stabilization Program Community Development Block Grant funds, one time grants provided to lessen the negative effects of the: economic downturn/recession and housing collapse. Human Services Human Services cover the cost of providing services for the care, treatment, and control of human illness, injury or disabilities, and for the welfare of the community as a whole and its individuals. The Health Department, Welfare, Medicaid, and Children's Services fall into this category. Table 6.5 shows that the County spent $9,302511,424279 on human services in FY 201-78/199. Since FY 20123/124, human services expenditures have increased by 322.590%0. Human Services represented 3.5874% of all county expenses in FY 201-78/199. Culture/Recreation All costs associated with providing and maintaining cultural and recreational facilities and activities for the benefit of citizens and visitors fit into this category. County libraries, parks, recreation operations, and the golf course are included here. As shown in table 6.5, the County spent $214,998638,22673 on those services in FY 20128/199. Since FY 20123/124, cultural/recreation expenditures have increased by 42.56%. Culture/recreation expenses represented 86.1599% of all County expenses in FY 201-78/1-99. Court Related All costs of operating the judicial branch of Indian River County Government are classified here. That category includes the County Court, Circuit Court, State Attorney's Office and Public Defender. As shown in table 6.5, expenditures from that category totaled $76,648187,84-5297 in FY 201-78/199. 499 Attachment 3 -Between fiscal years 20136/1-74 and 201-78/189, Court Related expenditures increased by 108.791 %. Court Related costs represented 2.761% of all county expenses in FY 201-78/199. Debt Service Debt service consists of interest and payments made by the county on its debt. That figure includes principal retirement, interest and other miscellaneous debt service. As table 6.5 indicates, total County debt service expenditures were $6-5,2qA179,444835 in FY 201-78/199. Since FY 2012-3/134, debt service expenditures have deincreased by 338.4871 %. Debt service expenses represented 2.334-9% of all County expenses in FY 201-78/199. Existing Outstanding Debt At the end of FY 2019/20, Indian River County's outstanding debt, comprised of revenue bonds and general obligation bonds, stood at $445,3997,000. That is shown in table 6.6. Currently, Enterprise Funds! comprise 2435.55-74% of the overall debt (Utility Dept), leaving $4-3,4x3865,000 in bonds paid froom general governmental funds. In November 2001, Indian River County issued the remaining $11,000,000 of the $26,000,000 Environmentally Sensitive Land Acquisition general obligation bonds originally approved by voters in 1992. Also in 2001, the County issued $16,810,000 in Spring Training Facility Bonds to finance the acquisition and expansion of the Dodgertown spring training facility (now known as Historic Dodgertown). I In 2004, Indian River County voters approved the issuance of up to an additional $50,000,000 in Environmentally Sensitive Land Acquisition general obligation bonds. As a result, Indian River County issued $48,600,000 in Environmentally Sensitive Land Acquisition general obligation bonds in 2006. While the county refinanced its 1996 Series Water and Sewer Bonds in 2005 and the majority of its 1993 Series A Water and Sewer Bonds in 2009, the County retained a portion of the 1993 Series A Water and Sewer Bonds with a maturity of 2011 because it was more cost efficient than rolling the entire amount into the 2009 Water and Sewer Bonds. That portion of the water and sewer bond has since been paid off. 500 Attachment 3 More recently, in 2015 the 2005 Series Water and Sewer Revenue Bonds and the 2006 Series Environmental Lands Acquisition Bonds were refinanced. Those bonds were refinanced to take advantage of better interest rates. In addition, the debt issuance for the 2009 series Water and Sewer Bonds were paid off and the Spring Training Facility bonds were partially paid off during fiscal year 2018/19, and the Environmental Lands Acquisition 2015 Series were paid off duringfiscal kcal year 2019/20. This has substantially decreased the County's total bond debt. Table 6.6: Indian River County Existing Long Term Debt Initial Amount Amount Remaining ngA9/30/2044320 Average Interest Rate Final Maturity Bond Rating Security Pledge Water & Sewer Revenue Bonds: 2015 Series $7,171,000 $23,13274,000 1.65% 2022 N/A Water& Sewer Revenues Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $34;865135,000 1 4.87% 1 2031 AAA/FG1C State Funds & Tourist Tax Vetc•A'9'Qortv -u•• l.'....:.............t..l i .....1,. �..uisitien 2015 series 520, 9,^^n 1.661 243-4 N.4A ^b1 GeneFalig'atie Total Bonds Outstanding $�",997SW+000 Source: Indian River County Budget 204-920/2021. Local Policies and Practices As part of the capital improvements planning process, it is important to do an inventory of current Indian River County policies and practices that guide the timing, location, expansion, or increase in capacity of capital facilities. Those policies and practices relate to the county's existing level -of - service standards, impact fee programs, comprehensive plan, and enterprise fund accounts. Existim Level -of -Service Standards Level -of -service (LOS) standards are indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level -of -service standards indicate the capacity per unit of demand of each public facility. Level -of -service standards can affect the timing and location of development by guiding development to areas where facilities may have excess capacity. Indian River County has level -of -service standards for capital facilities as follows: ➢ Correctional Facilities (Countywide) • 4.5 beds per 1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS (Countywide, excluding Indian River Shores) 0 .089 Stations per 1,000 permanent plus weighted peak seasonal population 501 Attachment 3 ➢ Law Enforcement (Unincorporated County) • 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries (Countywide) • 580 building square feet per 1,000 permanent plus weighted peak seasonal population • 3,200 library material items per 1,000 permanent plus weighted peak seasonal population • 0.7 computers per 1,000 permanent plus weighted peak seasonal population • 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Potable Water (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Public Buildings (Countywide) • 1.99 building square feet per capita for permanent plus weighted peak seasonal population ➢ Parks/Recreation (Unincorporated County) •. 6.61 acres per 1,000 permanent plus weighted peak seasonal.population ➢ Sanitary Sewer (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Schools (School Service Area): • 100 percent of Florida Inventory, of School Houses (FISH) capacity for each public school type (elementary,middle, and high). ➢ Solid Waste (Countywide) • 2.2 tons per capita per year or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year ➢ Stormwater Management • New drainage systems shall mitigate the impacts of a 25 year/24 hour design rainfall event Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local roads The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year/24 hour storm event on Arterial and Collector roads All drainage basins will meet the following level -of -service standards: • By 2000 - 2 year/24 hour storm event • By 2005 - 5 year/24 hour storm event 502 Attachment 3 By 2010 - 10 year/24 hour storm event ➢ Transportation (Roadways) • Level -of -Service "D" during peak hour, peak season, and peak direction conditions on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service "E" plus 20%: • 27th Ave — South County Line to SR 60 • 43rd Ave - Oslo Road to 16th Street For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. ➢ Transit One-hour headways shall be maintained on all fixed transit routes Level -of -service standards are discussed in further detail in individual Comprehensive Plan Elements. Asset-based level of service standards for impact fee calculation purposes are provided in the Impact Fee Ordinance (Title X). Capital Improvements Program A capital improvements program (CIP) is a list of capital expenditures to be incurred each year over a fixed period of years to meet anticipated capital needs. In Indian River County, the CIP identifies the projects that the County plans to undertake in the next five years and presents an estimate of the costs and the resources needed to finance the projects. Revenue sources within the first year of the CIP reflect current fund balances as well as anticipated annual revenue collection. Within the first three years of the CIP, projects are funded entirely with "committed" revenue sources. "Committed" revenue sources are revenue sources that currently exist. Projects in years four and five of the CIP may be funded partially through "planned" revenue sources. "Planned" revenue sources are sources available to the County that have not been utilized. The Capital Improvements Element (CIE) itself consolidates the capital improvements needs of all elements of the Comprehensive Plan into an overall five-year Capital Improvements Schedule. The overall program lists the needs, costs, timeframes, priorities, and the necessary financial resources to implement the identified capital improvement projects in the various elements of the plan in the next five years. Impact Fees/Capacity Charges Impact fees are charges to developers for off-site improvements that must be provided by the local government to serve new development. That financing technique is one strategy that the County uses to implement the CIE. Currently, the County has nine impact fees in place; those are traffic impact fees, which became effective in 1986, and eight additional impact fees which became effective in June of 2005. Those eight impact fees are assessed for the following service delivery categories: 503 Attachment 3 solid waste, public schools, fire/ems, parks and recreation, correctional facilities, law enforcement, libraries, and public buildings. In 2009, the Board of County Commissioners (BCC) voted to suspend five of the nine impact fees for a period of six months. Their intent in doing so was to help encourage development during the economic recession. Since then, the BCC has voted several times to maintain the suspension of at least three of the impact fees. Most recently, the Board of County Commissioners completed a review of all impact fees, and on April 22, 2014 adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014 and adopted a revised residential impact fee schedule on October 14, 2014 with an effective date of February 2, 2015. For the new impact fee schedule, the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. In October 1999, the county's water and sewer impact fees were reclassified as capacity charges. A capacity charge is a fee charged to the direct beneficiaries of water and sewer improvements in order to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers. Enterprise Funds Enterprise funds are used to account for operations financed and operated in a manner similar to private businesses, when the intent of the governing body is that the full costs of providing the service to the general public on a continuing basis be financed or recovered primarily through user charges. Currently, the County operates its solid waste services, golf course facility, building division services, and utility services as enterprise funds. As a tool for affecting the timing and location of development, user charges may be designated to vary with the quantity and location of the service provided. Thus, charges could be greater for providing services further from urban areas and less for distances closer to urban areas. In this way, user charges could affect the economics of development locating further away from urban areas. Analysis The analysis section of this element assesses the County's historic and projected revenue and expenditure patterns to determine the County's fiscal ability to provide adequate capital improvements. Those capital improvements have been identified in other comprehensive plan elements and are needed to meet the demands of existing and future development. As part of this analysis, revenue and expenditure projections are identified and analyzed, and a fiscal assessment of needs (costs) versus projected available revenue is included. Analysis of the Timing and Location of Capital Improvements 504 Attachment 3 Objectives and policies from the Future Land Use Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, Recreation and Open Space Element, Public School Facilities Element, and the Transportation Element, as well as policies followed by the Sheriff's office and County departments such as Emergency Management, Corrections, Libraries, and Solid Waste, have the most direct effect on the4iming and location of capital improvements. i Through planning for future improvements to the transportation system, the Transportation Element directly affects the development potential of property. Also affecting the development potential of property are the water and sewer connection requirements and the availability of parks, and public school, capacity. Within the Future Land Use Element (FLUE), the assignment of land use density and intensity, as well as the urban service area regulations, affect the timing and location of capital improvements. Consistent with the FLUE and urban service area requirements in the County's comprehensive plan, the County provides public facilities and services to promote compact development by emphasizing infill development in urban areas and maximizing the efficiency of existing facilities and services in underutilized areas. The FLUE also limits urban sprawl and ensures that adequate facilities will be present: to accommodate future growth. Maximizing the use of existing facilities and controlling urban sprawl will contribute to a cost-effective and efficient service delivery system. Using the County's official Future Land Use Map and Future Thoroughfare Plan Map, as well as the County's water and wastewater connection matrix, in planning for future locations of facilities provides for efficient and orderly expansion of public facilities, provides for efficient growth in desired areas, discourages growth in undesirable areas, and protects environmentally sensitive lands. Consistent with that policy, development orders are issued only after a determination is made that adequate public facilities and services will be available to meet the demand of new development. Overall,! the objectives of the FLUE, Transportation Element, Parks and Recreation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and the Public School Facilities Element are furthered by the extension of facilities and services in a logical and efficient manner. That is accomplished by implementing the adopted Capital Improvements Element and its corresponding Schedule of Capital Improvements. Successful and efficient implementation of those items ensures that facilities and services will be in place concurrent with future demand. If a capital improvements project is not included in the adopted Schedule of Capital Improvements and the improvement is required to maintain adopted level -of -service standards, future development will be prohibited until the necessary facilities are in place. That, in effect, indirectly controls the timing and location of future development and, in turn, furthers the implementation of the Future Land Use Element and Transportation Element objectives. i Appendix A constitutes the County's five year schedule of capital improvements. The purpose of the CIP is to ensure that improvements to existing facilities and construction of new facilities are completed as needed. By implementing the five year schedule of capital improvements, the county 505 Attachment 3 will ensure that appropriate areas will be served by needed facilities, thus maintaining adopted levels of service. Besides implementing the components of this element, the County coordinates with the St. Johns River, Water Management District (SJRWMD) and the various state agencies, such as the Florida Department of Transportation, when those agencies program facility or service improvements within Indian River County. The continuation of that coordination will ensure that the plans of state agencies and the SJRWMD will be consistent with the Comprehensive Plan and the timing and location of capital improvements as identified in the CIE. Forecasted Revenues In order to develop a financially feasible schedule of capital improvements, projected revenues over the five-year CIP time period are calculated. Those revenues are then compared to anticipated expenditures on capital improvements. For the first three years of the plan, only committed and available revenue sources are utilized. In developing revenue estimates for that process, the County considers historic revenue trends, current and anticipated economic conditions, population and growth trends; legislative changes, and any other factors that may impact future revenue streams. That analysis is far more complex than projecting prior trends into the future. That is evident in the forecasted revenues shown in this section. Since the start of the decline of the housing boom and throughout the economic recession that followed, there was a gradual decrease in most of the County's revenue sources. W44 the am^4.5 (Forecasts show for all CIP revenue sources except "Other Sources", an increase in total revenue through FY 202-34/245, of 10.38%. The "Other Sources" category included revenue sources such as grants that can vary year to year. Many of the revenue sources identified in the CIP have unique characteristics. For example, sales taxes react differently than gas taxes to similar circumstances. The analysis accounts for such differences. Because gas taxes are levied on a per gallon basis rather than a price percentage basis like the sales tax, gas taxes do not increase as a result of rising prices the way that sales taxes do. Further, gas taxes do not typically decline as significantly as sales taxes during economic slowdowns. For property taxes, impact fees, user fees, interest earnings, and other revenues, additional behavioral characteristics were considered in forecasting future receipts. All such forecasts were developed with the use of professionally accepted methodologies. To ensure a financially balanced CIP (see Appendix A), scheduled expenditures were constrained by projected revenues. As part of this capital improvements element, the County's general revenues were forecasted for fiscal years 204-920/291 through 202-34/245. This section addresses general revenues and earmarked projected revenues as well as the county's tax base and millage rate projections. Overall Forecasted Revenues 506 Attachment 3 Table 6.7 summarizes the County's forecasted revenue for fiscal years 204-920/201 through 20234/245. Those revenues include the County's general governmental funds, enterprise funds, and internal funds. As table 6.7 shows, general revenue collected by the County is forecast to decrease from fiscal year 201-920/201 to fiscal year 20234/245 with revenues from "Other Sources" such as grants decreasing. Projecting a decrease in grant funding due to uncertainty of future grants is a conservative approach. Actual grant funding may be greater than projected. Table 6.7: Overall General Revenue Projection Summary FY 204920/201 20201/242 20242/233 20223/234 20234/245 TOTAL Taxes $144.096,301 $147.699,000 $151,391.000 $155.176,000 5159.055.000 $757,417,30IS763,78 6 A07 S 14 ,29g, $445 923 A08 $4-33�45� 3H 464 88A S 14Q 376 0 Permits, Fees & Special Assess. $35A26,636 $33,021,441 $35,902,000 $33;847,000 $36.800.000 S34,693,0 $37,720.000 e?x60,0 $38,663,000 $36-449-000 $184,111,636 e12� `70441 Intergovern- ment $41,903,798 `"x^',944 542.951,000 $34;889;888 S44,025,000 924,691,09 $45.126.000 X23388;888 S46,254,00 $2-5,-941,009 5220,259,798 c,'"�1 Charges for Services $87,913,285 $83,195,9 $90,111,000 885`a76,000 592,364.000 $97,408,00 594.673.000 8591393;0A8 $97,040.000 994 5334) $462.101.285 x437403;5180 Judgements, Fines & Forfeitures $463,620 $463,12 5475,000 8473.888 S487,00 5487.888 $499,000 $499-800 511 000 S 5 i 1 )Q8 52,435,620 $2,435,12 Interest & Misc. $9.355.964 99;961;848 $9,590,000 89238:888 59,830,000 $9;5 8;888 S10,076,00 S5I;7.38,88A $10.328.000 510,092,008 549.179.964 847,629,04 Other Sources S152,369,061_00 $113.646,186 $75.939,017 982,880,69 569.047.203 896,924,906 $55.316.793 S:72,399,999 5466.318.260.00 ci2z2Ta 9199,:750,169.5 5484,25.2,047 TOTAL S471128.665 $440,374,186 $410.836.017 $412,317.203 $407.167,793 52,141,823,86452;033 c417�57 eni i�n�� ezn�98 I 9397,462,993,"�� Source: Indian River County Office of Management and Budget. Earmarked Projected Revenues Earmarked revenues are revenues that are restricted in terms of use. Such revenues may be found in the Transportation Element, Sanitary Sewer Sub -Element, Potable Water Sub -Element, and Solid Waste Sub -Element. Table 6.8 provides a summary of earmarked revenue forecasts by applicable comprehensive plan element for fiscal years 2020/241 through 20234/245. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Earmarked forecasted transportation revenues are expected to increase by 5.964.65% over the next five fiscal years, from $28,20� 6,-527,058,360 in FY 204-920/241 to $29,99 i,,14428 in FY 20234/245. For potable water and sanitary sewer, earmarked revenue is expected to increase by 9:4410.3 8% over the next five fiscal years, from $3 7,117,014539,317 in FY 20.1-920/241 to $.-,-, Q 94041,437,000 in FY 20234/245. Over the next five years, earmarked revenue for solid waste is expected to increase by 9:4410.38% from $' 6,23,- X17,926,067 in FY 204-920/201 to $' 7,°� m4 GW 9,787,000 in FY 20234/245. 507 Attachment 3 Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Fiscal Year Transportation Potable Water & Sanitary Sewer Solid Waste Local Option Gas Tax Constitution al Gas Tax County Gas Tax Traffic Impact Fee 1 cent optional sales tax Interest on Gas Tax Total 2849 28 99,.600,000 ci oaro2c 9515,$89 &2:$43.139 81mQ0,908 $4,,989 928;206,0:75 e�1,n n c c oo 2020/21 $3.240,000 $1,690,133 $733,500 $4.264,727 $17,100,00 $30,000 $70,0 $27,058,360 537.539,317 $17.926,067 $3:699;599 $4-, 9 8823;880 $2,872,90 Si9;3S0:089 538,642,099 838,045;008 914,444-4W 2021/22 $3,078,000 $1,707,000 $741.000 $4.350.000 $17,442,000 3$ 0.000 7()'0 527,343,000 $38,478,000 $18,374,000 53698580 $1,916,00 9591,889 52,98j,088 $19;767,60 929,085,60 $35,196,008 $ 960;909 2022/23 $2.924,100 $1.724,000 74$ 8,00 $4.437,000 $17.790.840 $30,000 $27,653.940 $39.440,000 $13,833.000 $3:!09;090 8 i n=;099 $539;889 $2-938:999 820,162,952 $2n�52 839,W!,009 &4 4$7499 2023/24 $2.777,895 $1,741,000$755,000 $4,526,000 $18.146.657 $30,000 &75;809 $27.976,552 $40,426,000 $19.304,000 $9,,689;999 6 6934;090 8547,00 2,,939,008 820,566,211 $29,996,211 $40,970,909 &P--,92' 204/25 $2,632.000 1 JLJ58 000 $763 000 $4 61 ,7.000 $18.509,59 30 00 S28 316 590 41 437.000 $19 787,000 Source: Indian River County Office of Management and Budget. 0 Tax Base, Assessment Ratio, Millage Rate Table 6.9 summarizes the county's tax base forecasts which are categorized by fund through FY 20234/245. Overall, the countywide ad valorem tax base is the same as the general fund category identified in table 6.9. 508 Attachment 3 Table 6.9: Indian River County Tax Base and Millage Projections Fiscal Year General Fund M.S.T.U, Emergency Services District Tax Base Millage Tax Base Millage Tax Base Millage ani $15;5�84-554- �-34�3 11 �,-�77774,,39 S0 1-1-396 $15,223,270,94 c-� 22-96-55 2020/21 $19.554,311,003 3.5475 3.5475 510,850.206,261 1.1506 '�- 'TJVO 2.3531 2-3654 $19,133,387,744 c1n'c1T 4O38 O— 9,L� x$16,067,904,609 .tl�,7-7HST?4 2021/22 $20.140.940,333 $19,:707,389,3 �– 3.5475 3.5473 $11.175,712,449 x,144445-, 347 1.1506 1.1506 $16,549,941,747 2.3531 23655 $16,150,;67,474 2022/23 $20,745,168,543 $2n 1n�-o '�,G371-P 3.5475 3.5475 $11,510,983,822 S!1,n-vo2.21—T;4'z;5;v 1.1506 $17,046,439,999 2.3531 2.3633 P-6,473,374,827 2023/24 $21,367.523,599 3.5475 9.54:3 3.5475 SI 1.856,313,337 1.1506 1.1506 1.1506 $17,557,833.199 2.3531 3635 2.3531 1 920,503,567, $22,008,549,307 $11,283,456,723 — 512.212.002,737 $16,8023842, 518.084,568,195 2024/25 1 Source: Indian River County Office of Management and Budget. As shown in table 6.9, the county has a Municipal Service Taxing Unit (MSTUI) and an emergency services district, each with a separate millage. Changes to the Capital Improvements Program A440verall, County revenue sources except "Other Sources" are expected to increase at a total rate of 2-.510.38% from 2020/21 through Fiscal Year 20234/245 -and all County revenue sources except for Judgements, Fines & Forfeitures are projected to be above what was previously forecasted in the prior year's Capital Improvements Program. With respect to the "Other Sources" funds, the decreasing yearly amount is due to uncertainty in grant funds, as that funding source is dependent on a number of factors including but not limited to economic conditions, and the competitiveness of grant applications. With this year's update, some projects have had their timeframes extended and some have had their funding sources changed as priorities have shifted, and projects previously underfunded have been designated to receive additional projected funding from sources that have become available. This includes projected increased revenue from assessments and user fees, gas taxes, various impact fees, and developer funded construction projects due to projected increased development activity and continually improving market conditions. While some project time frames have been extended, none of the extensions will impact development project concurrency reservations. By extending the timeframe of transportation projects, the County can utilize its limited resources to complete priority concurrency related projects within the overall capital improvements program. In effect, the County needs to delay some projects so that other projects will remain fundable and so that additional priority projects maybe funded. By funding necessary projects and other priority projects, 509 Attachment 3 and by extending the time frames for other projects, the County is maintaining a financially feasible capital improvements element. As allowed by state law, the County can consider the additional capacity to be produced by those anticipated nearer term roadway improvement projects as being available now for concurrency purposes. As such, a development project impacting a deficient link can proceed despite the deficient link, where a roadway improvement project for the deficient link will be under construction no later than three years after issuance of the first building permit for the development project. Needs Assessment' Based on public facility requirements identified in the other comprehensive plan elements, this needs assessment identifies the capital improvements required to provide sufficient infrastructure to meet proposed levels of service for existing and new development. For purposes of the CIE, a capital improvement is a substantial facility (land, building or major equipment) that costs at least $100,000 and may be paid for in phases. Table 6.10 identifies capital improvement needs through fiscal year 202-34/245 for coastal management, conservation & aquifer recharge, emergency services, general services, law enforcement & corrections, recreation and open space, stormwater management, sanitary sewer and potable water, solid waste, transportation, and public schools. Appendix A provides a detailed list of projects associated with each of the comprehensive plan elements as well as those projects associated with individual department capital improvements programs. Not included in Appendix A are projects associated with the Public School Facilities Element. Those projects are found in Appendix C. Detailed capital improvement schedules, which list each improvement project, are provided in each applicable Comprehensive Plan Element or within individual master plans for the respective governmental service. Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 204.920/201 20201/242 20242/223 20223/234 20234/245 Total Coastal Management 514.800,000 55;808;800 S21,700,000 $24908;880 0 -S-0 Soso 050 536,500.000 P -440414)w Conservation & Aquifer Recharge S4,51639 83 439,398 $1,350,000 a i 25,000 $2.100.000 $3,150,000 8325;080 S 1.350.000 $12,466,39 $2,'�w 8' "9.398 U7� Emergency Services 511.795316 &7,424-,6M $2,570.000 54450;800 $2,500,000 2 925 000 S2,;Q0,008 $1,950.000 S21,740.31 $2,445,080 $2;309808 S49,216,63 5 General Services/Facilities Management $7,689.470 57;850;000 $5,325,000 S2 -5x3;808 53,935,000 51,750,000 $2,495,90 $575.000 S $19,274,470 $3,375;080 918;060;000 Law Enforcement & Corrections $850,000 &9 $3,550,000 &+08;000 55,155.000 SO 97,295,098 LO --W 59.555,000 $11985;880 51;790.000 Recreation & Open Space $5,806,295 &4;962-875 $2,950.000 S3r1�-�9 $1.650.000 S1.350,00 $900;900 $2,200,000 $13,956,295 $2,080100 5830;988 $11,989,997 510 Attachment 3 Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 204920/281 20281/242 20242/233 20233/234 20234/245 Total Sanitary Sewer & Potable Water $24,074,391 S 19 512,809 $14,535,Q7 r $4,954,496 S 19,952,233 $26,910,000 595.403,929 $ ?;548;136 $4;449c:$8S�>nn -zz 49 Solid Waste $6,300,000$9,500,000 4330 0000 $4438 889 5-0$38;888 5-0&7-1989;898 $15,800,000 $-14488;988 Stormwater Management 57,350,000 $9;433;009 $5,300,000 $3-388-800 400 0001.75 92,290,000 00,00 $398;088 $1,700.000 S 16,450,000 $200;809 815,433;880 Transportation 557,608,569 c4ncr 0,44 AW 539,594377 &39449-,449 $40,314,771 &34 9-a8 Sq2 $18.386220 $10.101,043 $166,004,980 $34$49,369 &1440(}�80 c � onvro� �v'z �v� 11 Total $140,790,437 S97,567,631 $101,852,186 $92,370,846 $61,009,267 $69,733,698 $58,713,453 1 $75,605,15 $44,786,043 1 $58~8931333 $407,151,386 1 5390469x564 Public School Facilities* $4-2-004;66613 55 67,291 $44969;04)•14 7 74,115 S4 �n�,-', 2 3.224.301 1 $?','��-� "Ql7 676378 1 $48-576;0831 9,096,132 I $84,303;44288 338,217 *The School District of Indian River County has the fiscal responsibility for capital improvement expenditures for public school facilities. Figure 6.18 graphically displays the forecasted capital improvements expenditures for the County during the next five fiscal years. As indicated, the sum of the total projected costs for each of the elements for the five year period is $390,169,564$407,151,386. 1 Some public facilities, such as public education and health systems, are provided countywide, but are not the fiscal responsibility of the County. The County, however, is required by state statutes to provide some funds to the Indian River County Health Department (IRCHD). Consistent with state law, the Secretary of the Florida Department of Health appoints the administrator of the IRCHD with the concurrence of the Board of County Commissioners. The IRCHD maintains its financial records, and prepares its own financial report separate from the county. In the Public School Facilities Element of the County's comprehensive plan, there is an analysis and description of public schools. Based on general locational criteria for public schools, it is assumed that any new facilities which may be constructed in the County by 202-34/245 will be located within existing infrastructure service areas or designated expansion areas. Therefore, those systems may be considered to be adequately served by appropriate infrastructure. 511 Attachment 3 Figure 6.18.: Future Capital Improvement Expenditures $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 FY 2020/21 FY 2021/22 ❑Coastal Management C3 Emergency Services c3Law Enforcement ■Sanitary Sewer & Potable Water Source: Indian Faver County Uthce of Management and Budget. Fiscal Assessment FY 2022/23 FY 2023/24 FY 2024/25 laConservation and Aquifer Recharge a Facilities Management ■ Parks and Recreation 0Solid Waste o Transportation This section examines the County's ability to fund the capital improvements listed in table 6. 10, with the exception of public school facilities, and assesses whether sufficient revenue will be available within the existing budget framework utilized by the County to fund the needed improvements at the time that those improvements will be required. This assessment process consists of forecasting future revenue receipts and comparing those receipts to anticipated expenditures. With this process, it is possible to quantify annual revenue surpluses and shortfalls, providing a basis for examining opportunities for financing needed capital improvements. The expenditure. estimates include operating costs. For the public school facilities listed in table 6.10, the School District of Indian River County is responsible for funding the capital improvements. The School District's adopted "Summary of Capital Improvements Program" (Appendix C) and "Summary of Estimated Revenue" (Appendix D) provide a detailed review of the financial feasibility of the School District's Five Year Capital Plan. Projected Expenditures 512 Attachment 3 Table 6.11 shows the County's projected expenditures for fiscal years 204120/20201 through 20224/20235. By fiscal year 202-34/245, the County is forecasted to have annual expenditures totaling $3-97,462,98-3407,167,793. In FY 202-34/245, the category projected to have the largest expenditures is the Public Safety category with $116,518,000 in expenditures. For the five-year period beginning in fiscal year 204120/201 and ending in fiscal year 20234/245, the County's expenditures are forecast to decrease by 41.35%. Table 6.11: Indian River County Overall General Expenditures Projection Summary FY 201-920/281 20291/242 2021.2/233 20223/234 20234/245 General Gov't. Services $71.623.359 9 885 S70,857,000 $62;444-048 $71,105,000 564 989 $70.599.000 513;406,000 $71,145.000 566469-IN9 Public Safety 5116.438.323 S 11150U00 S 116.703.000 S 114.699,000 S 116,518.000 511)8,° 1 518&699188 $4- }&,3 3;88 8 BABA $11� neon Ph sisal Environment Y $103.275.377 $88.722,809 &9&44;,-X79 $71,578.496 con—mac-,9 $100,029.233 S97.330,000 cinz�c�nv-3 &9-2-,P4,54-5 3-'wQS Trans rtation Po $77.716.372 S67,4',�-,3'_ $60.204.377 566_a$5448 $61,439,771 S&3—, 'i $40,039,220 W.5661368 $32,295,043 W,49 W Economic Environment $521,535 5383 943 S535,00 5-34- 888 $548.000 5-538:888 $562,00 543;088 576 000 &S-5888 Human Services $10.061,662 cnv�., � `� $10.313.000 594-58;888 $10.571.000 54$4$7-1088 $10.835,000 $10,462,000 $11.106.000 &1042_4•,0W Culture/Recreation $50.860.473 e-lX4;�?4-9 $55,661,000 S37'-�8-,'-'n" $33.436,000 5164$4;888 $33.931,000 $15,664,088 $35.596,000 &4493 -ION 8 Debt Service $499,013 5518-58;341 S483,000 &3. _ $482,750 5453;888 $486,750 5482-738 484 750 5486x58. Other $40.132,551 S43-� $41,090.000 537,691.09 $44.972,000 541-898;888 $41,136,000 544,4 2;888 $42.117.000 c�e�000 TOTAL $471.128,665 S440,374,186 $410.836,017 $412,317.203 $407.167.793 541-748 zi;r157 , v4p_20 no &39- Source: Indian River County Office of Management and Budget. Earmarked Projected Expenditures Table 6.12 identifies the projected expenditures for the water, sewer, and solid waste enterprise funds for fiscal years 204120/201 through 20234/245. Those expenditures include operating expenses and other expenses for each year. According to law, all revenues from capacity charges must be spent on infrastructure improvements that benefit the payer of the capacity charge. Therefore, capacity charge revenue and expenditure amounts increase and decrease with development. For that reason, forecasting capacity charge revenues and expenditures is difficult. That system, however, ensures that new development will not reduce levels of service below County minimums. 513 Attachment 3 Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste Fiscal Year Potable Water & Sanitary Sewer Solid Waste 201420/281 61 &13,708 Q�^ °�,-� ;$24,226,067 X17 8878 20281/2 2 $57,990,809 02,-5N,-';9 18 374 000 &21-, AAA 202 2/223 44 394 49656 °�2018 833 000 SAA 20223/234 60378 233 $444444-89 28 804 000 AAAA 20234/245 $68,34TQ00 &69,4P,43-3 19 787 000 $24,424;AAA Source: Indian River County Office of Management and Budget. Table 6.12 shows that, Iin FY 202-34/245, the forecast expenses for potable water and sanitary sewer services are expected to be $68,^x- '�368,347,000. That is an increase of 25.5110.92% from the FY 204-920/291 forecast expenses of $54761,613,708. Table 6.12 also shows that, in FY 20234/245, the projected expenses for solid waste services are expected to be $24,92' ,h 19,787,000. That is an indecrease of 39.9618.32% from the FY 204-920/281 projected figure of $t 7,4� ^�b24,226,067. Operating Cost Proiections Table 6.13 provides forecasts of overall operating costs for the County for fiscal years 2045120/281 through 20234/245. In fiscal year 20234/245, the County is forecast to incur approximately $299,937,75020,i64,750 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to increase 8-3410.35% between 2045120/201 and 20234/245. Table 6.13: Indian River ounty Overall Operating Cost Projections Fiscal Year Total Operating Costs 201.920/281 290 205,6 Z7 &-76-,3 ,414 20281/242 $297,432,OQO Q'Q1�8&,-344 2024-2/223 $304,854,750 20223/234 $312,467,7M 20234/245 $320,264,750 Q'nn -5A Source: Indian River County Office of Management and Budget Proiected Debt Capacity Debt Financing is one way that the county has provided for its capital facility needs. The primary rationale for providing capital facilities through indebtedness is that it spreads the cost of a facility over its useful life and thus is paid for by those who will use the facility. 514 Attachment 3 Table 6.14 identifies the amount of revenue that the County can raise by issuing revenue bonds. Those bonds can be issued without a public vote. That table identifies the County's bonding capacity for 10, 20, and 30 years. As table 6.14 indicates, the County's available bonding capacity for a 10 year issue is $22�-?88988;233,400,000 while its bonding capacity for a 30 year issue is $488,800,000585,800.000. Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Ten Years Twenty Years Thirty Years Pledge Sources (Bond Interest Rate @ (Bond Interest Rate (Bond Interest Rate @ 1.40%) (q) 1.80% 2.00/ $80,000,000 $149,000.000 $205,300,000 Half Cent Sales Tax $98388:888 &388;888_$x;388;888 $55,600,000 $100.900,000 $137,800,000 Gas Taxes X888 $-W8;888�88 &Q&149 "1W $18,000,000 $32,800,000 $44,800,000 Tourist Tax X19-688-888 $33 ?8$88 $4�?88 888 County Revenue Program $3,600.000 $4.900,000 First Guaranteed Entitlement $2,000 000 X988 AAA $3 48888 $41488;888 County Revenue Program Second Guaranteed $4,100,000 $7,400,000 $10,100,000 Entitlement &1190A1 W VAA-888 $9 388 888 $159,700,000 $293,700,000 $402,900,000 Sub -Total $ 8", N $414;48"888 M440" 9AA Possible Pledge Sources $43.200.000 $78.500.000 $107,200,000 Franchise Fees &422,199,0W X888 $18�6A8�88 $30,500,000 $55,500,000 $75,700,000 Road Impact Fees $n8 988 888 &364, 0 888 $48;988,88 $73,700.000 $134,000,000 $182,900.000 Sub -Total $g 8g g88 $9L400 -,W $1-50,580,988 TOTAL $233,400,000 &M140 $427,700,000 $43--688,888 $585,800,000 $-564,40", 88 *Rates are comparable term AAA rated municipal bond yields as of 9/25/201.920. Source: Indian River County Office of Management and Budget. Debt Service Obligations In table 6.15, the County's debt service obligations for current and anticipated bond issues are summarized. Debt service is payment of principal and interest on obligations resulting from the issuance of bonds. As table 6.15 indicates, the County's major anticipated outstanding debts are for water and sewer revenue bonds, , and spring training facility revenue bonds. 515 Attachment 3 Table 6.15 Indian River Count Bond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,170,000 2001 Series 4.87% $16,810,000 2020 Interest $52,371 $209,238 , Principal $1,042,000 $290,000 Total $1094,371 $499,238 Balance $2,M,000 $3 865 000 2021 Interest $35,178 $194013 Princi al $1,058,000 $305,000 Total $1,093,178 $499013 Balance $1,074,000 $3,560,000 2022 Interest $17,721 $178,000 Principal $1074000 $305,000 Total $1,091,721 $483,000 Balance $0 $3,255,000 2023 Interest $162,750 Principal $320,000 Total $482,750 Balance $2,935,000 2024 Interest $146,750 Princi al $340,000 Total $486,750 Balance $2,595,000 2025 Interest $129,750 Principal $355,000 Total $484,750 Balance $2,240,000 2026 Interest $112,000 Principal $375,000 Total $487,000 Balance $1865000 2027 Interest $93,250 Principal $390,000 Total $483,250 Balance $1475000 516 Attachment 3 Table 6.15 Indian River Count Bond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,170,000 2001 Series 4.87% $16,810,000 2028 Interest $73,750 Principal $410,000 Total $483,750 Balance $1 065 000 2029 Interest $53,250 Principal $430,000 Total $483,250 Balance $635,000 2030 Interest $31,750 Principal 1 $455,000 Total $486750 Balance $180,000 2031 Interest $9,000 Principal $180,000 Total $189,000 Balance $0 Source: Indian River County Office of Management and Budget. Fiscal Assessment Summary This section provides an analysis of the County's revenues and expenditures for its capital improvement needs for the five-year period beginning in FY 204-920/2-821 and ending in FY 2022-4/245. While Appendix A details all of the capital improvement projects for the next five fiscal years for each individual comprehensive plan element by cost, timeframe, and revenue source(s), Table 6.7 provides general revenue projections for the County through fiscal year 2024/245. As shown in Table 6.7, the County will generate $2,031,428,904402,141,823,864 in revenues from general funds, enterprise funds, and internal funds from fiscal year 204-920/281 to fiscal year 2022-4/245. Sources of those funds include sales taxes, property taxes, grants, impact fees, and other revenues. The fimding needed for the capital improvements listed within Appendix A will come from that $2,031,428,90 402,141,823,864. Overall; the County will have enough revenue to cover the costs associated with the five year capital improvements program. For all projects contained within the County's Capital Improvements project list, the total estimated cost is $33889,169,5 61 07,151,386 for the next five fiscal years. This is 19.1519.00% of the overall general fund revenues for the same time period. 517 Attachment 3 Concurrency Management Plan To ensure that level -of -service standards are maintained, it is necessary to have a system in place that provides the criteria for measuring facility capacity, assessing development demand on applicable facilities, and monitoring service levels for applicable facilities. That system will set the parameters for issuing development orders consistent with level -of -service standards. While this concurrency management plan sets policies and establishes a process, the specific application of this system is through the County's land development regulations. As per state requirements, those regulations define the details of the concurrency management system and establish its administrative requirements. The major purpose of the concurrency management system is to detail the specifics of implementing the County's level -of -service standards. For that reason, the concurrency management system must apply to all development activity in the County. The system must then identify the applicable standards for each facility, the geographic scope of each facility, and the method of monitoring facility capacity changes. Most importantly, this system must specify when facilities are considered available. Project Applicability All development orders issued by the County and identified below must comply with the concurrency management plan and meet level -of -service standards. Development orders are County approvals for construction and/or land development activity. Specifically, development orders consist of the following: comprehensive plan amendments, rezonings, site plan approvals, preliminary plat approvals, development of regional impact (DRI) approvals, planned development preliminary approvals, and building permit approvals for multi --family projects. Within Indian River County, the impact from the construction of a single family home on an existing subdivision platted lot or legally created single-family parcel will constitute a de minimus impact on public facilities and.thus be exempt from the concurrency requirement. Concurrency traffic impacts for single-family homes will be accounted for, through tracking single-family trips and an annual traffic count update of the County's Concurrency Management System. Single — family trips tracked through this accounting system will be considered in development project traffic studies. Service Standards Level -of -service standards for concurrency related facilities are established in this plan for the following facilities: sanitary sewer, potable water, solid waste, stormwater management, recreation, public schools, and transportation. Those are explained in detail in the applicable comprehensive plan elements. For each facility, level -of -service is a measure of the relationship between demand for the service and the capacity of the facility. Capacity, however, is measured differently for each type of facility. Table 6.16 identifies both the capacity and demand measures for each public facility. Those measures 518 Attachment 3 are addressed in detail, and existing capacities are identified in the applicable Comprehensive Plan Elements. Table 6.16: Service Level Measures for Concurrency Related Facilities Public Facility Category Specific Facility Capacity Measure Demand Measure Geographic Scope Transportation Roadway Volume of cars Peak Season/Peak Affected Roadways accommodated over time Direction/Peak Hour Trips Sanitary Sewer Treatment Plant Treatment design capacity Generation Rate (GPD) Service Area (GPD) Potable Water Treatment Plant GPDent design capacity Generation Rate (GPD) Service Area Solid Waste Landfill Volume in active cell (cubic Generation Rate (tons per Entire County yards) capita per year) Recreation Parks Acres of park land Acres of parks per Entire County thousand population Stormwater Management Drainage Volume of water Volume ofstormwater Basin conveyances I I outfalling for design storm Education' Public Schools (K- Number of students Enrolled Students/ Future I Service Area 12 accommodated over time Student Generation 'Limited to participating Schools owned and operated by the Indian River County School District Concurrency requires that each facility within the geographic scope of a proposed project's impact area have sufficient capacity to accommodate the project's demand. If that capacity is not available, the project cannot be approved. The principal function of the concurrency management system then is to provide a mechanism whereby demand and capacity measures can be compared on a project by project basis. Table 6.16 provides the criteria for establishing a demand to capacity comparison for a proposed project. While most of the characteristics are self-explanatory, one needs clarification; that is the geographic scope for the traffic public facility category. For concurrency purposes, affected roadways are those roadways impacted by a project's traffic. Regardless of size, all projects impact the roadway on which the project fronts. In addition, other roadways further removed from the project may be impacted. For concurrency purposes, two lane roadways which are assigned 8 or more peak hour/peak season/peak direction project trips and four or more lane roadways that are assigned 15 or more peak hour/peak season/peak direction project trips are considered impacted roadways. For transportation concurrency related facilities, level -of -service standards are applied to all impacted roadways. Those level -of -service standards range from A to F and are associated with peak hour/peak season/peak direction trips. Demand 519 Attachment 3 Demand is an important component of the concurrency management system. Essentially, demand is a measure of facility use. When compared to facility capacity, demand can indicate the level -of -service for the facility. As depicted in Table 6.16, demand can be measured quantitatively for each public facility category. While the demand function for each facility consists of applying a rate to the number of facility users, estimation of total demand is more complex. For concurrency management purposes, demand can be divided into three types: existing, committed, and projected. Each must be considered separately for purposes of concurrency management. Existing Demand Existing demand is simply the current level of use for a facility. For a roadway, it is the number of peak hour/peak season/peak direction trips; for a school, it is the number of full-time enrolled students; for water and wastewater treatment plants, it is the existing flow volume measured in gallons per day. Those figures are included within applicable plan elements. Existing demand then reflects the use of a facility by the current population. When compared to capacity, existing demand can show if the facility has unused capacity or if it is functioning over capacity. Existing demand, however, is not static. As population increases and dwelling units come on-line, existing demand increases. Those increases in existing demand can be identified through facility use measurements. For example, regular traffic counts done on roads or treatment plant flow records are examples of facility use measurements indicating existing demand levels. As existing demand levels for facilities are updated, committed demand levels must be reduced if projects representing committed demand have come on-line. Committed Demand Committed demand is a measure of the impact that approved development projects with reserved capacity will have on facilities. When added to existing demand for a facility, the committed demand for that facility will produce a more accurate estimate of unused capacity. That estimate of unused capacity represents the amount of capacity that can realistically be allocated to new projects. Committed demand must be determined by identifying all projects for which capacity has been reserved through issuance of initial concurrency certificates which are still valid. Then the., specific facilities that will be impacted. by those projects with reserved capacities must be determined; those facilities will be roadways and the landfill, and they may be treatment plants, drainage conveyances, and recreation facilities. Finally, the total demand on each facility attributable to committed demand will be determined. 520 Attachment 3 Applicable elements of the plan identify the rates to be applied to each project to determine facility demand. Traffic volumes, for example, can be derived by applying a trip rate to the size of the project. Sanitary sewer and potable water both have rates of 250 gallons per day per equivalent residential unit. Other public facility rates are discussed fully in their applicable Comprehensive Plan Element. Like existing demand, committed demand must be determined on a facility by facility basis. For example, both existing demand and committed demand must be determined for each major roadway, each school, each treatment plant, each major drainage conveyance, and the active cell in the landfill. Also, like existing demand, committed demand estimates must be modified as projects are completed; committed demand estimates must also be modified as new development orders are approved and old development orders are terminated. Proiected Demand The third .type of demand is projected demand. This consists of two types. One is non- committed/non-reserved, single-family lot demand for all subdivisions, while the other is new project demand. Non-committed/non-reserved single-family lot projected demand to the facility impacts associated with construction on individual single-family lots in platted subdivisions and construction on legally established individual single-family unplatted lots and acreage will constitute a de minimus impact on public facilities and thus be exempt from concurrency review. Single-family home traffic impacts will be accounted for through tracking single-family trips for use in development project traffic studies and annual traffic count updates. The second type of projected demand is new project demand. For each new project, demand estimates must be made on a facility by facility basis. Only if sufficient available capacity exists for each facility to be impacted can the project be approved and a development order issued. Upon issuance of a development order, the estimated impacts on each facility would be considered as committed demand. Availability of Capacity Facility capacity can be assessed two different ways. First, facility capacity can be determined by facilities that are existing and available; examples would be existing treatment plants and existing roadways with a set number of lanes. The second manner for assessing facility capacity is to consider both existing, in -the -ground facilities as well as facility expansions or new facilities which are programmed but not yet existing. As part of the concurrency review process, the capacity of existing, in -the -ground facilities will be considered in all cases. Programmed facilities will be considered in assessing capacity for each public facility category when the following conditions are met: ➢ For sanitary sewer, potable water, solid waste and drainage facilities: 521 Attachment 3 1. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or 2. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent. ➢ For parks and recreation facilities: 1. At the time the development order or permit is issued, the necessary facilities and services are in place or under actual construction; or 2. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and a. A development order or permit is issued subject to a condition that the necessary facilities and services needed to serve the new development are in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or b. At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or c. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent. ➢ Transportation supply (capacity). Transportation supply shall be determined on a segment by segment basis. For concurrency purposes, all segments on the county's thoroughfare plan shall be considered. Capacity for segments will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the public works director pursuant to the criteria specified in Chapter. 952, Traffic. Transportation supply for each segment is: 1. The segment's existing peak hour, peak season, peak direction capacity; or 522 Attachment 3 2. The segment's new roadway capacity if facility expansion for the segment is proposed and if: a. At the time a development order or permit is issued, the necessary facilities and services are in place or under construction; or b. A development order or permit is issued subject to a condition that the facility expansion needed to serve the new development is included in the county's adopted five-year schedule of capital improvements and is scheduled to be in place or under actual construction not more than three years after issuance of the project's first building permit or its functional equivalent. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation five year work program. In order to apply this provision to a facility expansion project, the Capital Improvements Element must include the following policies: i. The estimated date of commencement of actual construction and the estimated date of project completion. ii. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of capital improvements (for Indian River County, this is included in Policy 1.2 of this Element); or 3. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be in place or under actual construction no more than three years after the issuance of the project's first building permit or its functional equivalent; or 4. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, to be in place or under actual construction not more than three years after issuance of a building permit or its functional equivalent. 5. The segment's new roadway capacity if facility expansion for the segment is the subject of a proportionate fair -share agreement. In such case, the segment capacity increase reflected in the proportionate fair share agreement shall be available only to the party or parties to the proportionate fair share agreement. ➢ For school facilities: A residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one.or more contiguous service areas. 523 Attachment 3 Regulation No development order shall be issued for any project where the project's demand in conjunction with existing demand and committed demand will exceed the capacity of a facility at the service level established in this plan. Level -of -service analysis will be undertaken during the review of each project for which development order approval is required. Monitoring System To effectively implement the concurrency requirement, it is necessary to maintain an estimate of available capacity for each public facility subject to level -of -service requirements. By maintaining an accurate and current available capacity estimate for each facility, projected demand from development applications can be compared to the available capacity for the facility to determine if the project can be approved. The purpose of the monitoring program is to maintain a current estimate of available capacity for each facility. With the exception of public schools, the monitoring system portion of the concurrency management plan is maintained by the county's planning division. Effective July 1, 2008, the School District initiated and now maintains the monitoring system portion of the concurrency management plan for public schools. Using a network computer system and database management software, records were developed and are maintained for each specific facility. Based upon information in the specific comprehensive plan elements, total capacity figures for each applicable facility are maintained in database files established for each public facility category. Capacity figures are modified as facilities are expanded or as criteria specified in the availability of capacity section are met, thereby allowing a programmed expansion to be considered for capacity determination purposes. Through contact with other county departments, planning staff are able to modify capacity estimates as soon as facility characteristics are changed. Table 6.17 depicts the general structure of the monitoring system database file for each public facility category. That table shows that available capacity for each specific facility is a function of total capacity less existing demand and less committed demand. The demand section of this concurrency management plan identifies the methodology for assessing demand. Table 6.17: Monitorin S stem Design Public Facility Category Specific Facilities Total Capacity Existing Demand Committed Demand Available Capacity 524 Attachment 3 Table 6.17: Monitoring S stem Design Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Estimate Landfill (active cell) volume used Peak season/ peak Annual count (average) Volume estimated from (Total Capacity) - (Existing Traffic Roadways direction/ peak (peak season/peak approved Development Demand) - (Committed Demand) Ongoing Do annual student counts (FTE) for public schools to determine existing demand hour (LOS D) directiontpeak hour) Orders (DO) Planning Sanitary Sewer Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Potable Water Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Solid Waste Landfill Active cell design Active cell volume used Volume estimated from (Total Capacity) - (Existing capacity approved DO's Demand) - (Committed Demand) (Acres per thousand (Acres per thousand Recreation Parks Park Acreage population) X (existing Population) X (projected (Total Capacity) - (Existing population) population for approved Demand) - (Committed Demand) DO's) Drainage Volume of stormwater Drainage Volume Existing flows allowed to outfall for (Total Capacity) - (Existing conveyances approved DO's Demand) - (Committed Demand) Public Permanent Student Stations Annual Enrollment Students estimated from approved residential (Total Capacity) - (Existing Education Schools(K-12) (FISH) Count (FTE) Development Orders) Demand) - (Committed Demand) To implement the monitoring system, the following actions shown in table 6.18 will be necessary. Table 6.18: Monitoring System Tasks Action Responsible Department Timing Do quarterly traffic counts for thoroughfare plan roads to determine existing demand Engineering Annually Compile quarterly ridership statistics for all fixed routes MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Estimate Landfill (active cell) volume used Utilities Annually Estimate population and apply park standard to determine park existing demand Planning Annually Estimate existing flows for drainage conveyances Engineering Annually Enter data received from other departments into computer Planning Ongoing Do annual student counts (FTE) for public schools to determine existing demand School District Annually Add estimated demand for new projects to committed demand total upon issuance of DO Planning Ongoing Maintain records of units/projects receiving a certificate of occupancy, maintain demand estimates fiom those units/projects, subtract estimated demand for those units/projects for committed demand once existing demand is updated Planning Ongoing Applicability Community Development Department Indian River County Adopted , 2020, Ordinance 2020- 47 525 Attachment 3 I 1 The concurrency management plan monitoring system has applicability to more than just level -of - service measurement. It also provides the basis for assessing facility expansion needs and therefore capital improvements programming. By maintaining an accurate and up-to-date estimate of available capacity, the need for facility expansion can be recognized before all capacity is used. By incorporating the monitoring system into the capital improvements programming process, capital budgets can be prepared based on reliable information and valid estimates of need. Goal, Obiectives and Policies I Goal, It is the goal of Indian River County to provide needed capital improvements through the use of sound'fiscal decision making. Objectives and Policies Obiective 1: Construction of Capital Facilities By 20245, the county will have completed those capital improvements schedule projects that replace obsolete or worn-out facilities, eliminate existing deficiencies or accommodate desired future growth. Policy 1. 1: The county shall maintain a five-year capital improvement program and pursuant to Section 163.3177(3)(b) F.S. evaluate and update that program every year to reflect existing and future public facility needs of the county. This capital improvement program will ensure that the plan is financially feasible and that the adopted level -of -service standards are achieved and maintained. Policy 11.2: The county and the School District shall undertake only those capital improvements included within this element's adopted capital improvements program. Pursuant to Section 163.317,7(3)(b) F.S., the Capital Improvements Element will be reviewed every year. If any facility identified in the Schedule of Capital Improvements is delayed or deferred in construction, or is eliminated from the capital improvements program, and this delay, deferral, or elimination will cause the level -of -service to deteriorate below the adopted minimum level of service standard for the facility,: a comprehensive plan amendment will be required to adjust the Schedule of Capital Improvements. The annual update of the capital improvement element shall be done with a single public Nearing before the Board of County Commissioners and a copy of the ordinance amending the Capital Improvements Element shall be transmitted to DEO. Policy 1.3: The county shall evaluate and prioritize its capital improvement projects based on following criteria. These criteria are ranked in order of importance. Preservation of the health and safety of the public by eliminating public hazards; Compliance with all mandates and prior commitments; ➢ Elimination of existing deficiencies; Maintenance of adopted level -of -service standards; Provision of infrastructure concurrent with the impact of new development; i 526 Attachment 3 ➢ Protection of prior infrastructure investments; ➢ Consistency with the county plan and plans of other agencies; ➢ Accommodation of new development and redevelopment facility demands; ➢ Consistency with plans of state agencies and water management districts that provide public facilities within the local government's jurisdiction; Promotion of compact development by discouraging growth outside of urban service areas; ➢ Demonstration of linkages between projected growth and facility location; ➢ Utilization of the economies of scale and timing of other improvements; ➢ Reduction of operating costs; ➢ Adjustment for unseen opportunities, situations, and disasters. Policy 1.4: The county shall implement the policies of the Potable Water, Sanitary Sewer, and Solid Waste sub -elements of the Comprehensive Plan. Since these are enterprise account funded elements, capital expenditures identified in these elements shall be funded principally from revenues derived from the applicable systems. Policy 1.5: The county shall prioritize and implement the programs identified in the Transportation, Recreation and Open Space, Stormwater Management, Conservation, and Future Land Use Elements of the Comprehensive Plan. Policy 1.6: The county shall not eliminate or reallocate budgeted appropriations for road improvement projects required to meet the adopted level -of -service standards unless the applicable projects will be constructed by other means and remain concurrent with the county's Schedule of Capital Improvements. Policy 1.7: The county shall continue to allocate funds for the replacement and the renewal of infrastructure in an amount which will minimize the operating costs of the infrastructure and maximize the life of the infrastructure. Policy 1.8: The county shall manage its long-term general obligation debt in such a manner that the ratio of the debt service millage to the countywide operating millage does not exceed 20%. Policy 1.9: The county hereby defines a capital improvement as an improvement with a cost that exceeds $100,000. Policy 1.10: The Schedule of Capital Improvements shall contain a mix of capital expenditures, including projects to eliminate existing deficiencies, to upgrade and replace existing facilities, and to construct new facilities. Polices: The county shall maintain a procedure in its annual budget review requiring each county department to include in its annual budget request applicable expenditures as identified in 527 Attachment 3 the capital improvements program of the appropriate Comprehensive Plan Element as well as department's capital improvements. i Polices The county hereby adopts the 2019-2020 through 2023-2024 Indian River County School District Five -Year Facilities Work Plan. The Indian River County School District Five -Year Facilities Work Plan will be evaluated and updated annually to reflect existing and future public school facility needs of the county. This will ensure that the Indian River County School District Five -Year Facilities Work Plan is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained. Through 2030, development in coastal high hazard areas will not .increase beyond the density or intensity levels indicated on the current Future Land Use Map. Polic , 2. 1: The coastal high hazard area is defined as the area of the county designated as evacuation zones Ifor a category one hurricane. Policy 2.2: The county shall not increase land use density and intensity, in the coastal high hazard area, beyond that reflected in the county's current Future Land Use Map. The county shall make appropriations for infrastructure in coastal high hazard areas only the adopted level -of -service standards. The county shall ensure that the replacement of infrastructure in the coastal high hazard limited to maintaining the adopted level -of -service standards. The county shall require that all developments and all single-family units in coastal high s fully pay the cost for required infrastructure improvements through impact fees, capacity veloper dedications, assessments, and contributions. Polic�, 2.6: The county shall not use public funds to subsidize increased density or intensity of urban development in coastal high hazard areas; however, public beach, shoreline access, resource restoration, or similar projects may be constructed. 2030, adopted levels -of -service will be maintained for all concurrency facilities. Policy 3.1: The county hereby adopts the concurrency management system as described within this element. The county shall maintain Land Development Regulation (LDR) Chapter 910, Concurrency Management System, which implements the plan's concurrency management system. In accordance i i 528 Attachment 3 with the concurrency management system of this plan and LDR Ch. 910, the county will not approve any development project where the impacts of such a project would lower the existing level -of - service on any facility below that facility's adopted minimum level -of -service standard. Policy 3.2: The county shall approve development only in accordance with the utility connection matrix identified in the Sanitary Sewer and Potable Water Sub -Elements. Policy 3.3: The county shall, concurrent with the impact of new development, provide the infrastructure necessary to maintain the levels -of -service identified in the various elements of the Comprehensive Plan. Where development is proposed and is consistent with all applicable regulations but one or more public facilities is/are operating at an inadequate service level, the applicant may at his expense make facility improvements to increase facility capacity when such improvements are consistent with county plans and receive county approval. Policy 3.4: The county shall make land use decisions based on the planned availability of facilities to maintain adopted level -of -service standards. Policy 3.5: The county hereby adopts Concurrency Management level -of -service standards for public facilities that are established in the other Comprehensive Plan Elements and which are stated below: ➢ Stormwater Management: The county hereby adopts the following level -of -service standard for all new drainage systems within the unincorporated county: ➢ New development requiring major site plan approval or subdivision platting shall construct a complete drainage system to mitigate the impacts of a 25 year/24 hour design rainfall event using the soil conservation service type 2 modified rainfall curves. ➢ Post development runoff for any drainage. basin shall not exceed pre -development runoff unless a maximum discharge rate has been adopted and the discharge does not exceed .that rate. If a maximum discharge rate has not been adopted for a basin, post development discharge may not exceed pre -development discharge. By 202-35, all existing roadways in the county shall be improved to meet the following level -of - service standards: ➢ Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local streets. ➢ The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year 24 hour storm event on Arterial and Collector roads. ➢ All drainage basins will meet the following level of service standard: 10-Year/24 Hour Storm Event 529 Attachment 3 The county hereby adopts the following water quality level -of -service standard: ➢ As a minimum, retention of the first one inch of rainfall is required prior to offsite discharge. An additional 50% treatment is required for all direct discharge into the Sebastian River and into the Indian River Lagoon due to its designation as an outstanding Florida water, as required by state law. ➢ I Potable Water The following level -of -service standard is adopted for the county's potable water facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit. ➢ I Solid Waste The following level -of -service standard is adopted for solid waste facilities in the county, and shall be used as the basis for determining the availability of facility capacity and demand generated by a development: Countywide level -of -service standard of 2.2 tons or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year. ➢ I Sanitary Sewer i The following level -of -service standard is adopted for the county's sanitary sewer facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. ➢ I Recreation & Open Space The county adopts the following recreation level -of -service standard: ➢ County wide level -of -service standard of 6.61 recreation acres/1,000 permanent plus weighted peak seasonal population. ➢ ITransnortation The county adopts traffic circulation level -of -service standards as follows: 530 Attachment 3 ➢ Level -of -Service "D" during peak hour, peak season, peak direction conditions, on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service `B" plus 20%. • 27'' Ave — South County Line to SR 60 • 43`d Ave — Oslo Road to 16th Street ➢ Level -of -Service "D" plus 20% during peak hour, peak season, peak direction conditions on the following roads until such time that a major capacity improvement, as specified below, is constructed. At such time that the major capacity improvement is constructed, the level of service for that road shall be "D" during peak hour, peak season, peak direction conditions. • CR 510 — 66th Avenue to US Highway 1 (scheduled for widening) • 37th Street — US Highway 1 to Indian River Boulevard (scheduled for widening or alternatively mitigated by extension of Aviation Boulevard from US 1 to 37b Street) During the time period before major capacity improvements are provided for these two roads, proposed major development projects approved by the planning and zoning commission or board of county commissioners that will impact either or both of the roads may, based on a traffic study approved by the Public Works Director, be approved with conditions related to provisions for interim roadway improvements that mitigate project impacts on one or both roads. For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. Policy 3.6: The county hereby adopts level -of -service standards for selected public facilities as follows: ➢ Correctional Facilities The county adopts the following correctional facilities level -of -service standard: ➢ County wide level -of -service standard of 4.5 beds/1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS The county adopts the following Fire/EMS level -of -service standard: . ➢ County wide (excluding Indian River Shores) level -of -service standard of .089 Stations per 1,000 permanent plus weighted peak seasonal population 531 Attachment 3 ➢ Law Enforcement The county adopts the following Law Enforcement level -of -service standard: ➢ Unincorporated County level -of -service standard of 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries The county adopts the following Libraries level -of -service standards: ➢ County wide level -of -service standard of 580 building square feet per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 3,200 library material items per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.7 computers -per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Public Buildings The county adopts the following Public Buildings level -of -service standard: ➢ County wide level -of -service standard of 1.99 building square feet per capita for permanent plus weighted peak seasonal population. ➢ Schools The county adopts the following Schools level -of -service standard: Schools (School Service Areas): ➢ 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Transit The County adopts the following transit level -of -service standard: ➢ One-hour headways shall be maintained on all fixed transit routes. Objective 4: Future Development's Share of Capital Costs 532 Attachment 3 Through 2030, new developments will bear a proportionate share of the cost required to maintain adopted level -of -service standards. Policy 4.1: The county shall use impact fees, capacity charges, assessments, developer dedications and contributions, to pay for infrastructure improvements and services needed to satisfy future needs while maintaining adopted level -of -service standards. Polio: The county shall conduct research to identify new sources of revenue for funding capital improvement projects. Objective 5: Local Government's Ability to Provide Required Services and Facilities Through 2030, the county will ensure that it is able to fund and provide required services and facilities. Policy 5.1: The county shall not approve land use amendment requests unless those requests are consistent with the concurrency management system requirements of this element. Policy 5.2: In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the county shall schedule capital improvements to serve developments in the following order of priority: ➢ Single-family units in existing platted subdivisions or on existing legal, buildable parcels ➢ Affordable housing projects ➢ New development orders permitting redevelopment ➢ New development orders permitting new developments where the applicant funds the infrastructure expansion in exchange for future reimbursement ➢ New development orders permitting new developments without developer participation Policy 5.3: The county shall extend facilities and services to serve areas only within the existing Urban Service Area or as allowed by Policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of the Sanitary Sewer Sub -Element of the Comprehensive Plan. Policy 5.4: The county shall coordinate with other local, state, and federal agencies as well as private entities to create an efficient capital improvements schedule that provides the following general benefits while minimizing the financial burden of providing facilities and services: ➢ Reduction of overall capital and operating expenditures by the development of multi -use facilities; ➢ More efficient land use patterns and phasing; ➢ Reduction of overlapping, duplicating, and administrative procedures; ➢ Implementation of adopted physical, social, and economic goals and policies in a least -cost manner; ➢ Better coordination of public capital investment with private capital expenditures. 533 Attachment 3 Polio: The county shall continue utilizing enterprise funds for the provision of Sanitary Sewer, Potable Water, and Solid Waste facilities. The debt for enterprise funds is to be paid by user fees, capacity charges, and other appropriate sources. Policy 5.6: The county shall finance the capital cost of non -enterprise fund supported public facilities (e.g., roads, stormwater management, and parks) from current revenue, bond issues, impact fees, capacity charges, assessments, and other appropriate sources. Polio The county shall use general obligation bonds and other sources to raise the funding required to provide those public facilities that cannot be constructed with user fees, revenue bonds, impact fees, capacity charges, or other dedicated revenue sources. Policy 5.8: Developments, which require public facility infrastructure improvements that will be financed by county debt, shall have their development orders conditioned on the issuance of the county debt or the substitution of a comparable amount of non -debt revenue. Policy 5.9: Pursuant to state law, the Schedule of Capital Improvements may be adjusted by ordinance and not deemed to be an amendment to the Comprehensive Plan when the amendment relates to corrections, updates, or modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the Comprehensive Plan, or the date of construction of any facility except transportation facilities enumerated in the Schedule of Capital Improvements. For transportation facilities, a delay in construction of a facility which causes the level -of -service of that facility to deteriorate below the adopted minimum level -of -service standard for the roadway will require a comprehensive plan amendment. Polio: The county shall ensure that all capital improvements identified in the various elements of the Comprehensive Plan are completed according to schedule. The only acceptable delays will be those which are subject to one of the following: ➢ Projects providing capacity equal to, or greater than, the delayed project are accelerated within or added to the Schedule of Capital Improvements; ➢ Modification of development orders issued conditionally or subject to the concurrent availability of public facility capacity provided by the delayed project. Such modification shall restrict the allowable amount and schedule of development to that which can be served by the capacity of public facilities according to the revised schedule; or ➢ Amendment of the plan to reduce the adopted standard for the level -of -service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. Implementation, Evaluation, and Monitoring Implementation 534 Attachment 3 An important part of any plan is its implementation. Implementation involves execution of the plan's policies. It involves taking actions and achieving results. For the Capital Improvements Element, implementation involves various activities. While some of these actions will be ongoing, others are activities that will be taken by certain points in time. For each policy in this element, table 6.20 identifies the type of action required, the responsible entity for taking;the action, the timing, and whether or not the policy necessitates a capital expenditure. To implement the Capital Improvements Element, several different types of actions must be taken. These include: development of mechanisms for funding new facilities, adoption of land development regulations and ordinances, execution of interlocal agreements, coordination, and preparation of studies and evaluation and monitoring reports. Overall, the Capital Improvements Element implementation responsibility will rest with the Office of Management and Budget. Besides its responsibilities as identified in table 6.18, the planning department has the additional responsibility of ensuring that other entities discharge their responsibilities. This will entail notifying other applicable departments of capital expenditures to be included in their budgets, notifying other departments and groups of actions that must be taken, and assisting other departments and agencies in their plan implementation responsibilities. As part of the Capital Improvements Element, the county has developed a Concurrency Management Plan, which ensures the maintenance of the adopted level -of -service standards. Through the Concurrency Management Plan, the county will measure facility capacity, assess development demand, and maintain a Capital Improvements Program which ensures that the level -of -service standards are maintained. Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 1.1 Maintain the CIP OMB/PD Ongoing No 1.2 Follow the CIP PD Ongoing No 1.3 Prioritize capital improvement projects OMB/PD/SD Ongoing No 1.4 Implement recommendations Appropriate County Departments/SD Ongoing Yes 1.5 Prioritize and implement programs Appropriate County Departments/SD Ongoing Yes 1.6 Maintain previous commitments BCC/PWD/SD Ongoing No 1.7 Replacement and renewal of infrastructure Appropriate County Departments/SD Ongoing No 1.8 Budget Management OMB/SD Ongoing No 535 Attachment 3 Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 1.9 Define capital improvement PD/OMB Ongoing No 1.10 Capital Budget Management OMB/SD Ongoing No 1.11 Capital Improvements Management OMB/SD Ongoing No 1.12 School District Fiver -Year Facilities Work Plan SD Ongoing Yes 2.1 Define costal high hazard area DCA Ongoing No 2.2 tam density and intensity levels of current FLU PD Ongoing No Map 2.3 Budget management Appropriate County Departments Ongoing Yes 2.4 Maintain LOS standards Appropriate County Ongoing Yes Departments 2.5 Funding mechanisms BCC/Private Developers Ongoing No 2.6 Infrastructure replacement strategy Appropriate County Ongoing No Departments 3.1 Maintain concurrency management system PD Ongoing No 3.2 Follow connection matrix of Comprehensive Plan Sub- Appropriate County Ongoing No Elements Departments 3.3 Maintain adopted LOS standards PD Ongoing No 3.4 Land use decisions BCC Ongoing No 3.5 Adopt LOS standards BCC/SD/Appropriate County Departments Ongoing No 4.1 Impose regulations Appropriate County Ongoing Yes Departments 4.2 Conduct research OMB/PD Ongoing No 4.3 Work with municipalities BCC/SD/Other Local Ongoing No Governments in IRC 5.1 Approve land use changes only if infrastructure can BCC Ongoing No support land use change 5.2 Prioritize capital improvements BCC/SD/Appropriate County Departments Ongoing No 5.3 Extension of facilities and services BCC/Appropriate County Ongoing No Departments Appropriate County 5.4 Create an efficient capital improvements schedule Departments/Other Ongoing No Government Agencies 5.5 Utilize enterprise funds OMB Ongoing I No 536 Attachment 3 Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 5.6 Finance non -enterprise fund supported projects OMB Ongoing No 5.7 Fund the construction of public facilities OMB/SD Ongoing Yes 5.8 Permitting Requirements BCC/Appropriate County Ongoing No Departments 5.9 Amending the Schedule of Capital Improvements BCC/OMB/PD/SD Ongoing No 5.10 Complete the Schedule of Capital Improvements BCC/SD/Appropriate2024 No County Departments 5.11 Adopt a Priority Transportation Capital Improvements BCC/PWD/MPO Ongoing No Schedule BCC = Board of County Commissioners DCA = Department of Community Affairs FDOT = Florida Department of Transportation MPO = Metropolitan Planning Organization OMB = Office of Management and Budget PD = Planning Department PWD = Public Works Department SD = School District Evaluation and Monitoring Procedures To be effective, a plan must not only provide a means for implementation; it must also provide a mechanism for assessing the plan's effectiveness. Generally, a plan's effectiveness can be judged by the degree to which the plan's objectives have been met. Since objectives are structured, as much as possible, to be measurable and to have specific timeframes, the plan's objectives are the benchmarks used as a basis to evaluate the plan. Table 6.20 identifies each of the objectives of the Capital Improvements Element. It also identifies the measures to be used to evaluate progress in achieving these objectives. Most of these measures are quantitative, such as adopting land development requirements, which ensure the maintenance of the level -of -service standards, adopting a capacity monitoring system and others. Besides the measures, table 6.20 also identifies timeframes associated with meeting the objectives. The Planning Department staff will be responsible for monitoring and evaluating the Capital Improvement Element. This will involve collection of data and compilation of information regarding facility capacity, expansion, and new development permitted. This will be done on a regular basis. As part of the county's Concurrency Management System, the Planning Department will continually monitor the facility capacity to ensure that level -of -service standards will be maintained. Table 6.20: Capital Improvements Element Evaluation Matrix Objective Measure Timeframe 1 Existing deficiencies in county services and/or obsolete or worn-out facilities 20245 2 Land use density and intensity in Coastal High Hazard Area 2030 537 Attachment 3 3 Level -of -service provided for county services 2030 4 Existence of appropriate Land Development Regulations 2030 5 Completion of the Schedule of Capital Improvements 2030 While monitoring will occur on a continual basis, formal evaluation of the Capital Improvements Element will occur annually. The formal evaluation and appraisal of the entire Comprehensive Plan will occur every ten years (dependent upon the schedule adopted by the Florida Department of Community Affairs). Besides assessing progress, the evaluation and appraisal process will also be used to determine whether the Capital Improvements Element objectives should be modified or expanded based on revisions to state statutes and changing conditions not identified and addressed as part of the annual CIE update. In this way, the monitoring and evaluation of the Capital Improvements Element will not only provide a means of determining the degree of success of the plan's implementation; it will also provide a mechanism for evaluating needed changes to the plan element not otherwise addressed in the yearly update of the Capital Improvements Element. As discussed in the above paragraphs, the evaluation and monitoring procedures identified for the Capital Improvements Element are basically the same for the entire Comprehensive Plan. These procedures have been used in the past to prepare the county's Evaluation and Appraisal Report and will be used by the county in subsequent Evaluation and Appraisal Reports. The monitoring and evaluation of this plan is critical to ensure that the policies are effective in achieving the plan's goals and objectives. Each individual element of the plan contains provisions and measures to be used in the review of the element. Each element contains an Implementation and Evaluation Matrix and monitoring procedures, which are currently being used to prepare the current Evaluation and Appraisal Report and will be used to prepare future Evaluation and Appraisal Reports. In addition, a great portion of the plan monitoring will be in conjunction with the concurrency management system which is designed to ensure that approved level -of -service standards are maintained and that sufficient capacity exists in the various services and facilities. Other evaluation of the plan or plan elements is likely to occur in the day to day application of the mandated regulations, which will result in plan amendments. The formal Evaluation and Appraisal Report required by law is currently providing and in subsequent versions will provide a complete review of the plan and be conducted in compliance with the public participation procedures adopted for the development of this plan. As part of the monitoring system, all appropriate baseline data is currently being updated and will be updated. Besides assessing progress, the evaluation and appraisal process is and will also be used to determine whether the objectives should be modified or expanded. 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H .. !? p 3 1 .. 8 Iii O' U % U 6 % U .r r n♦ m �p � w w w .fO+ w .OD. .p.. n ry N 0 � M R E U Expenditures Expenditure for Maintenance, Repair and Renovation from 1.50 -Mills and PECO Annually, prior to the adoption of the district school budget, each school board must prepare s tentative district facilities vrork program that Includes a schedule of major repair and renovation projects necessary to maintain the educational and ancillary facilities of the district. Item 2020-2021 2021 - 2022 2022-2023 2023-2024 2024-2025 Total Adual Budget Projected Projected Projected Projected HVAC $0 $5,250,000 $900,000 $2,870,000 $3,275,000 $12,295,000 Locations:BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW, OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, TRANSPORTATION DEPARTMENT, VERO BEACH SENIOR HIGH Flooring $500,000 $592,640 $588,000 $350,000 $350,OMI $2,380,840 Locations: Administration Bulding, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOVM ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Roofing $1,019,930 $145,000 $145,000 $1,817,648 $495,000 $3,622,778 Locations: Administration Building ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNETSCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE; SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Safety to Life $1,087,643 $1,343,201 $1,369A08 $1,754,938 $1,628,972 $7:204,162 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNETSCHOOL(NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Fencing $0 $0 $0 $0 $0 $0 Locations: No Locations for this expenditure. Parking $D $0 $521,230 $0 $775,000 $1,296,230 Locations: GLENDALE ELEMENTARY, LIBERTY MAGNET, PELICAN ISLAND ELEMENTARY Electrical So$0 $0 $0 $0 $D Locations: No Locations (or this expenditure. Fire Alarm $600,000 $0 $0 $1,350,000 $300,000 $2,250,000 Locations: CITRUS ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GLENDALE ELEMENTARY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, ROSEWOOD ELEMENTARY, SEBASTIAN RIVER MIDDLE, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY. VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH Telephone/Intercom System $0 $0 SO $0 $0 $D Locations: No Locations for this expenditure. Closed Circuit Television So$0 SO $0 $D $0 Locations: No Locations for this expenditure. 564 Attachment 3 Paint $1,990,000 $0 $1,600,000 $1200,000 $2,500,000 $7,290.000 Locations: DODGERTOWN ELEMENTARY, GIFFORD MIDDLE, OSLO MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE 2022-2023 SCHOOL, VERO BEACH SENIOR HIGH NbintenanceJRepair $977,341 $1,572,160 $1,572,160 $1,572,160 $1,572,160 $7265,981 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT Actual Budget SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER Projected ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), -OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD Projected ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE Site Improvements DistrilcNiWe SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST $0 TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WASASSO SCHOOL Sub Total: $6,174,914 $8,903,201 $6,715,798 $10,914,946 $10,896,132 $43,604,991 PECO Maintenance Expenditures 1 $01 5305,0301 $305,0301 $305,0301 $305,0301 $1,224,120 1.50 Mill Sub Total: I $6,6Q.6761 S9,437,1711 $8,134,7681 $12,583,9161 $15,34D,102 554,136,632 Other hems 2020-2021 2021 -2022 2022-2023 2023-2024 2024-2025 Total Actual Budget Projected Projected Projected Projected Site Improvements DistrilcNiWe $100,000 $0 $0 $100,000 $550,000 $750,000 Locations OSLO MIDDLE, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, VERO BEACH SENIOR HIGH Paving, WNCovers & Sidevralhs Districterlde $0 $240,000 $255,000 SO $0 $495,000 Locations DODGERTOWN ELEMENTARY, OSCEOLA MAGNET SCHOOL (NEVA, OSLO MIDDLE, VERO BEACH SENIOR HIGH Chiller Replacement $650,000 $0 SO $1,275,000 $1,975,000 $3,900,000 Locations CITRUS ELEMENTARY, FELLSMERE ELEMENTARY, INDIAN RIVER ACADEMY, OSCEOLA MAGNET SCHOOL (NEVJ), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, SEBASTIAN ELEMENTARY, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY Furniture F&tirres & Equipment $25,000 $250,000 $300,000 $250,000 $300,000 $1,125,000 Locations Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEVY), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Playground Equipment Replacement $350,000 $350,000 $350,000 $350,ODD $350,000 $1,750,000 Locations BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DOOGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, TREASURE COAST ELEMENTARY, VERO BEACH ELEMENTARY, WABASSO SCHOOL District Technology 5440,761 $0 $0 $0 $500,000 $940,761 Locations Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLANO ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Building Improvements/Renovations Distriaviide $900,000 $0 $820,000 SD $1,075,000 $2,795,000 Locations BEACHLAND ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, OSCEOLA MAGNET SCHOOL (Neft OSLO MIDDLE, ROSEWOOD ELEMENTARY, SEBASTIAN RIVER SENIOR HIGH, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Tote 1: 1 $8,640,675 59,743,201 $8,440,798 $12,889,946 S1S,646,132 $55,360,752 565 Attachment 3 Local 1.50 Mill Expenditure For Maintenance, Repair and Renovation Anticipated expenditurese)Vected from local fundingsources overtheyears covered by thecurrent work plan. Item 2020-2021 Actual Budget 2021-2022 Projected 2022-2023 Projected 2023-2024 Projected 2024-2025 Projected Total Remaining Maint and Repair from 1.5 Mills $8,640,675 $9,437,171 $8,134,768 $12;583,916 $15,340,102 $54,136,632 Maintenance/ Repair Salaries $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $17,500,000 School Bus Purchases $1,050,000 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $5,250,000 Other Vehicle Purchases $200,000 $0 $200,000 $0 $200,000 $600,000 Capital Outlay Equipment $0 $0 so $0 $0 $1 Rent/tease Payments $0 $0 $0 $0 $0 $0 COP Debt Service $10,186,477 $10,187,284 $10,190,284 $10,184,034 $10,186,034 $5D,936,113 Rent/Lease Relocatables $400,000 $400,000 $400,OD0 $400,000 $400,000 $2,000,000 Environmental Problems $0 $0 $0 $0 $0 $0 6.1011.14 Debt Service $0 $0 $0 $0 $D $7 Special Facilities Construction Account $0 $0 $0 $0 $0 $0 Premiums for Property Casualty Insurance -1011.71 (4a,b) $1,475,825 $1,475,825 $1,475,825 $1,475,625 $1,475,825 $7,379,125 Qualified School Construction Bonds. (QSCB) $1,167,370 $1,167,370 $1,167,370 $1,167,370 $1,167,370 $5,836,850 Qualified Zone Academy Bands (QZAB) $0 $0 $D $0 $0 $D State Charter School Capital Outlay $1,169,042 $1,169,042 $1,169,042 $1,169,042 $1,169,042 $5,845,210 Impact Fees"RESTRICTEDFUNDS FOR FUTURE CAPACITY PRODUCING PROJECT DUE TO GROWTH" $600,000 $1,300,000 $1,300,000 $1,30D,000 $1,300,000 $5,800,000 Performance Contracting Debt Service $945,707 $974,148 $1,003,442 $1,033,615 $1,064,693 $5,021,605 Loca I Expenditure Totals: $28,335,096 $30,660,840 $29,690,731 $33;883,802 $36.665,068 $160,306,635 Revenue 1.50 Mill Revenue Source Schedule of Estimated Capital Outlay Revenue from each currently approved source which is estimated to be available for expenditures on the projects inciuded in the tentative disttictfaciliths work program. All amounts are NET atter considering carryover balances, interesteamed, new OOP's, 1011.14 and 1011.15 loans, etc. Districts cannot use 1.5-tAill funds for salaries except for those explicitly associated with maintenancelrepair projects. (1011.71 (5), F.S.) 566 Attachment 3 Item Fund 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 Total s0 $0 Actual Value Projected Projected Projected Projected $305,030 (1) Non-exempt property $1,,224,120 $20,827,426,610 $21,959,400,000 $22,988,900,000 $24,013,900,000 $25,024,200,000 $114,813,825,610 assessed valuation (2) The Millage projected for 350 1.50 1.53 1.50 1.50 1.50 $95,325 discretionary capital outlay per s.1011.71 $139,276 1 $139,278 $139276 $139,278 1 $139,278 $698,390 (3) Full value of the 1.50 -Mill $34,990,077 $36,891,792 $38,621,352 $40,343,352 $42,040,656 $192,667,;229 discretionary capital outlay per 0011,71 (4) Value of the portion of the 1.50 370 $29,991,494 $31,6.21,538 $33,104,016 $34,583,016 $3604,848 $165,331,910 4511 ACTUALLY levied (5) Difference of lines (3) and (4) $4,998,583 $5,270,256 $5,517,336 $5,763,336 $6A05,808 $27,555.319 PECO Revenue Source The figure in the row designated "PECO Maintenance'vdf be subtracted from funds available for neer construction because PECO maintenance dollam cannot be used for new construction, Item Fund 2020-2021 Actual Budget 2021-2022 Project�f 2022-2023 Projected 2023-2024 Projected 2024-2025 Projected Total PECO New Construction 340 $0 $0 s0 $0 $0 s0 PECO Maintenance Expenditures $0 $306,030 $306,030 $305,030 $306,030 $1,,224,120 $0 $306,030 $306,030 $306,030 $306,030 $1,224,120 CO & DS Revenue Source Revenue from Capital Outlay and Debt Service funds. Item Fund 20,20-2021 2021-2022 2022-2023 2023-2024 2024 -2025 Total Actual Budget Proj°cted Projected Projected Projected CO&DSCash Flow-through 350 $120213 $120,213 $120213 5120,213 $120,213 $601,065 Distnbuled CO & DS Interest on 350 $19,055 $19,065 $19A65 $19;065 $19,065 $95,325 Undid ributed CO $139,276 1 $139,278 $139276 $139,278 1 $139,278 $698,390 Fair Share Revenue Souirce AB legally (binding commitments for proportionate fair -share mitigation for impacts on public school facilities must !be included in the 5 -year district work program. Nothing reported for this section. Sales Surtax Referendum Specific informal ion about any referendum for a 1 -cent or '/,cent surtax referendum during the previous year. Did the school district hold a surtax referendum during the past fiscal year 2019 - 20207 No 567 Attachment 3 Additional Revenue Source Any additional revenue sources Item 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 Total Actual Value Projected Projected Projected Projected Proceeds from a s.1011.14115 F.S. Loans $0 $0 $o $0 $0 $0 District Bonds -Voted local bond so 5 $0 $0 $o $0 referendum proceeds per s.9, Art VII State Constitution Proceeds from Special Act Bonds so s0 $o $0 so $0 Estimated Revenue from CO & DS Bond so $0 $0 $0 $0 $a Sale Proceeds from Voted Capital $0 s0 $0 $0 so so Improvements millage Other Revenue for Other Capital Projects so so $0 $0 $o $o Proceeds from 1/2 cent sales surtax $0 $0 $0 $0 $0 $0 authorized by school board Proceeds from local governmental So $o $0 $0 $o $0 infrastructure sales Surtax Proceeds from Certificates of $0 $0 $0 $0 $0 $0 Participation (COP's) Sale Classrooms First Bond proceeds amount $0 $0 $0 So so $0 authorized in FY 1997-96 Gassrooms for Kids $0 s0 $o $0 $0 $0 District Equity Recognition $0 so so $0 $0 $0 Federal Grants $0 $0 so $0 so $0 Proportionate share mitigation (actual $0 $0 $0 $0 so $o rash revenue only, not in lend donations) Impact fees received $1,300,000 $1,300,000 $1,300,000 $1,300,000 $1,300,000 $,500,070 Private donations $0 $0 $0 $0 s0 $0 Grants from local governments or not -for- $0 so $o $0 $0 $0 Profit organizations Interest, Including Profit On Investment 511,898 $11,898 $11,898 $11,899 $11,898 $59,490 Revenue from Bonds pledging proceeds $0 so $0 $0 So so from 1 cent or 12 cent Sales Surtax Total Fund Balance Carried Forward $0 so $7,000,000 $0 s0 $7,007.000 General Capital Outlay Obligated Fund $0 so $0 $0 So $0 Balance Carried Forward From Total Fund Balance Carried Forward Special Facilities Construction Account $1,169,042 $1,169,042 $1,189,042 $1,169,042 $1,169,042 $5,845,210 One Cent -112 Cent Sales Surtax Debt $0 $0 $0 s0 $0 $0 Service From Total Fund Balance Carried Forward Capital Outlay Projects Funds Balance $0 $0 $0 $0 so $0 Carried Forward From Total Fund Balance Carried Forward - .Subtotal $2,480,940 - S2,480,940 $9,480,940 $2,480,940 $2,480,940 $19,404,700 568 Attachment 3 Total Revenue Summary Item Name 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 Five Year Total CO & DS Revenue Budget Projected Projected Projected Projected $696,390 Local 1.5 Mill Discretionary Capital Outlay $28,991,494 $31,621,536 $33,104416 $34,580,016 S36434,848 S165,331,910 Revenue $2.480,940 $2,480,940 $9,480$40 $2480,940 S2k80,940 $19.404,700 PECO and 1.5 Mill Malnt and Other 1.5 ($29,335,093) (530,660,840) (529,590,731) ($33,863,802) ($36,855,066) (S160,305,535) Mill Expenditures $3,276,616 53;580,914 513,133;503 83,336,432 $1,800;000 $25,127,465 PECOiMaintenance Revenue $0 5306,030 $306430 $306,030 5306,030 $1,224,120 Available 1.50 Mill for New $656,396 $960,696 $3,513285 $716,214 (5820,218) $5,026,376 Construction Item Name 2020-2021 Budget 2021-2022 Pro)ected 2022-2023 Projected 2023-2024 Projected 2024-2025 Projected Five Year Total CO & DS Revenue $139,278 $139,278 $139278 $139,278 $139,278 $696,390 PECO New Construction Revenue $0 $3 $0 $o So $0 Other/Addillonal Revenue $2.480,940 $2,480,940 $9,480$40 $2480,940 S2k80,940 $19.404,700 Total Additional Revenue $2.620218 52,620.218 $9,620218 $2620,218 M620.218 $20,101,090 Total Available Revenue $3,276,616 53;580,914 513,133;503 83,336,432 $1,800;000 $25,127,465 569 Attachment 3 0 0 0 0 0 0 0 0 0 0 o b =sgsg�asogoo os o ao N o g 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 o 0 0 0 o O 0 0 o o 0 S 00 0 w o 0 0 0 0 0 0 0 0 0 o c c g o 0 N e O O VCi O t� S O - �'+ cNs w w w w w w _ w w 4 sssssssspS SSSSSS S O SSSS fOA O S O CVOs 0 S 0 K O O Ow O O eN N O N O_ O O O O_ O O O N K w w vNi � � w 00w w c� � w w VOi w M w } w. 0 0 0 0 0 0 8 S 0 0 0 0 0 0 0 0 S0s 0 o0 0 0 00S 00 s 0ps swww w ws0 o;ziw0w ps } w O O O O O O O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O O S O O 00 O O C O G G CO O O O O O O G O N w w w w w w S C O O S w w w w S vOi o vi N w w 0 0 0 0 0 0 0 0 0 o g 0 o$ 0 0 o 0 0 0 0 0 0 o 0 o b M ov�000 o 0 =000 '4 e o w o oocc N pp b h w�wv�w h h O W e p w S N www iN9 �w } m `0 CD c C LL c oi5 R t a LL v E C �0 C X LL � U' m y o CJ v. tp d H c v CO d c w � O C .N U w C O (7 l0 O a N CO c> �c�= C maa,ty Z O 'O E O crnQ W N m�nCL LL Z a [Y N Y lco) in W n CC LL D LL= J CL O m J U t; 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CD r+ n � rn m N � T 0 A r+ CD � r+ T G m r -r LA. r+ rD fD O 3 0 CD • O 5 o 0- O Ln � rt CD O rD cu x rt r+ CD M Q D r+ O � w aq O O 0 � rD CD H (D � O 00 �rt r+ o' V cu M x c fV W • (DD O -h fD --S n� (D Q Ln Q 3 rr+ N 0— O. (D n r+ rt 3� fD 3 (D X rt Q Q o. cD 0 rt Ln 3 FD' • or PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River. Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been :for 'a period of one year next preceding the first publication of the attached copy of advertisement. 11/15/2020 Subscribed and sworn to before on November 15, 2020: Notary, State 'of WI, County of Brown 1ARA MC)NbLOCH Na'tary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $150.48 Ad No: 0004460927 Customer No: 1310785 PO #: BCC Adopt # of Affidavits) Tq BEFpRE THE BC1ARn f7f COUNTY,«IMMISSiONERS. INDIAN ,AIVER GOUNTY-i' : Indian River County, Florida Department of Utility Services Board Memorandum Date: November 10, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Notice of Scheduled Public Hearing to Consider Shadow Brook Subdivision Water Assessment Project in Indian River County, Florida (Legislative) Descriptions and Conditions: On October 20, 2020, the Board of County Commissioners (BCC) adopted Resolution 2020-092 setting the time and place for a Public Hearing to discuss the installation of a water main in Shadow Brook Subdivision in Indian River County as a Special Assessment Project. [Legislative] The scheduled Public Hearing is to provide the property owners in the special assessment area an opportunity to comment on the potential project. The public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on December 8, 2020, at 9:05 am. Recommendation: This public hearing item is provided for the Board of County Commissioners' information. No action is needed at this time. 591 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip.J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: November 17, 2020 SUBJECT: Notice of Scheduled Public Hearing for December 8, 2020 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 1, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: December 8, 2020: 1. ,The Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc.'s Request to Rezone Approximately 78.29 Acres from MED, Medical to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Harbor Bluffs PD [PD -20- 09-02 / 99040218-87279] (Quasi -Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 592 1603 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt, AICP, Chief, Long Range Planning DATE: November 18, 2020 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 1, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the. following public hearing item has been scheduled for Board consideration: December 15, 2020 Consideration of The Kern Group of Florida, Iric's request for an Ordinance to Amend the Zoning and accompanying Zoning Map for approximately +/-38.85 acres located south of the Vero Beach Outlets Mall, +/- 2,500 feet east of 98th Avenue and +/- 1,550 feet north of the 12th Street Right - Of -Way and between 125 to 1,000 feet west of I-95 from CG, General Commercial District, to CRVP, Commercial Recreational Vehicle Park District [Quasi -Judicial] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. 593 I I , vEROffice of the z INDIAN RIVER COUNTY ORtO'' * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: November 24, 2020 SUBJECT: CARES Act Phase 3 - Proposed Spending Plan Revisions BACKGROUND: On July 7, 2020, the Board of County Commissioners approved the initial CARES Act Spending Plan for the first 25% allocation received from the State, with slight revisions approved on July 14, 2020. Subsequently, on August 18, 2020, the Board approve further revisions to the initial plan. On September 22, 2020 the Board approved allocating an additional $4,662,600 under the Phase 2 Spending Plan. On November 17, 2020 the Board made other revisions to the plan for an additional $1,866,518, bringing the total proposed plan to $13,525;451. This document will provide two potential spending plans. This first will provide additional funding of $1,656,703 (as detailed below) for a total of $15,182,154 (Option A). The second option will provide for use of the full $27,905,330. Indian River County has been allocated. Any expenses that exceed 45%, or $12;557,399 will be processed on a reimbursement basis only. A temporary loan from the General Fund may be necessary to cover the shortfall until reimbursement from the CARES Act is received. ANALYSIS: The following table shows the currently approved allocation by category and potential revisions to the plan for Option A. As shown $1,656,703 in revisions are being presented which brings the total Spending Plan to $15,182,145. Details regarding individual changes are itemized below. 594 Phase 3 Spending Plan — Option A Type of Expense Approved Allocation Additional Need Revised Total Municipalities $1,925,996 $0 $1,925,996 Constitutional Officer Expenses $2,414,041 $271,712 $2,685,753 BCC Expenses $3,070,414 $0 $3,070,414 Health Department $400,000 $0 $400,000 Other Healthcare Providers $200,000 $0 $200,000 State Agencies $30,000 $0 $30,000 Economic Development $810,000 $0 $810,000 Community Support $4,675,000 $358,301 $5,033,301 School District of IRC $0 $1,026,690 $1,026,690 Total $13,525,451 $1,656,703 $15,182,154 Constitutional Officers An allocation of $1,925,996 has been approvedifor Constitutional Officer expenses. County staff continues to coordinate with the Constitutional Officers and is requesting an additional allocation of $271,712. This increase is to cover the remaining 10% portion of personnel costs for Sheriff's Office employees working in the Correctional Facility who are spending time on COVID-19 related activities. Community Support Staff has recently been contacted by the Indian River County Hospital District regarding a $358,301 request for reimbursement of PPE, supplies, and teleworking equipment they have provided to local non-profit agencies. Up until November 16, 2020, the Hospital District was operating under the assumption that because they were not a direct recipient of CARES Act funding, they were ineligible to receive any disbursements. On November 16, 2020 that guidance changed and the Hospital District contact Indian River County requesting support. County staff recommends awarding $358,301 to the Hospital District for reimbursement of funds distributed to local non -profits. Type of Expense Approved Additional Revised Total Allocation Need Community Support $4,675,000 $358,301 $5,033,301 595 Municipalities The City of Sebastian has requested amendment to their CARES Act agreement, which simply reallocates some of their existing spending plan. There is no change to agreement amount. School District Support School District staff has requested funding assistance from the County for some of their expenses related to COVID-19. County staff's understanding is that the District has received approximately $3 million in assistance for COVID-19 related costs. The deadline for expenditure of these funds is 2022, and the District has asked for reimbursement of their costs to date. In contrast, the County's CARES Act dollars must be expended by December 30, 2020. If the Board approves this allocation, it would allow the School District to preserve their remaining funds for use after December 30ffi. The total request from the School District is for funding in the amount of $1,026,690, which covers their identified COVID-19 costs from July through November. These expenses include custodial deep cleaning, supplies, guidance counselor/student success coaches, and PPE. Some, but not all counties in the State have provided some CARES Act assistance to School Districts. County staff recommends providing funding to the School District in the amount of $1,026,690 for reimbursement of COVID-19 related expenses. Total Allocations and Expenditures The changes recommended above would result in projected total expenditures of $15,182,154 by December 30''. This would leave $12,723,176 of the total allocation ($27,905,330) unexpended by the deadline. Concern has been expressed by some that the County's spending plan would return funds to the Federal government while people in need are not able to receive assistance. It is important to clarify that the County has planned to increase allocations for many of our community support programs if requests exceed the initial allocation. For instance, the spending plan currently includes $2 million for rental and mortgage assistance for residents impacted by COVID-19. This is in addition to $873,220 that the County has received from the State specifically set aside for rental and mortgage assistance. In total, the County has allocated nearly $2.9 million in funding for rental and mortgage assistance, but as of the date of this memo we have received applications for less than $1 million in assistance. The County remains ready to increase this allocation if the $2.9 million in funding is exceeded, but that has not happened yet. We are also moving to increase our promotion of this program to the public through additional media outlets such as radio ads which should help raise awareness among our residents. If the Board is concerned about not utilizing the County's entire allocation, another option is available. This relates to the manner in which we have classified public safety payroll expenses. The County has been charging salary and benefit costs for our first responders such as police and firefighters/firemedics in a conservative manner based upon documented time and conservative estimates of staff time spent dealing with COVID-19. According to guidance from the U.S. Treasury, local governments are able to charge 100% of these workers' time to CARES Act funds. This guidance is further detailed below. The Treasury has released guidance regarding charging public health and public safety employees' salaries and benefits to the CARES Act stating that, 596 "In recognition of the particular importance of public health and public safety workers to State, local, and tribal government responses to the public health emergency Treasury has provided, as an administrative accommodation, that a State, local, or tribal government may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. This means that, if this presumption applies, workperformed by such employees is considered to be a substantially different use than accounted for in the most recently approved budget as of March 27, 2020. All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020 and ends on December 30, 2020. " (emphasis added) This statement indicates that local governments have the ability to receive 100% reimbursement for all public health and public safety salary and benefit costs from March 1, 2020 — December 30, 2020, unless the chief executive determines specific circumstances indicate otherwise. Staff is presenting the option to charge the remaining CARES Act funding to this category for a total of $12,723,176. This practice will allow the County to receive reimbursement of the full $27,905,330 allocation. Staff does have some concerns about utilizing this option. While the guidance from Treasury appears pretty clear, it should be noted that guidance from the State and Federal government regarding CARES Act dollars has changed from time to time over the course of the last several months. Once reimbursement is received, the County could choose to continue to fund programs for Indian River County residents as well as COVID-19 response for the County as needed. This change would result in a revised spending plan Option B as presented below: Phase 3 Spending Plan — Option B Type of Expense Approved Allocation Additional Need Revised Total Municipalities $1,925,996 $0 $1,925,996 Constitutional Officer Expenses $2,414,041 $271,712 $29685,753 BCC Expenses $3,070,414 $0 $3,070,414 Health Department $4009000 $0 $400,000 Other Healthcare Providers $200,000 $0 $200,000 State Agencies $30,000 $0,$30,000 Economic Development $810,000 $0 $8109000 Community Support $4,675,000 $358,301 $5,033,301 School District of IRC $0 $1,026,690 $1,026,690 597 Public Health & Public Safety Payroll $0 $12,723,176 $12,723,176 Total $13,525,451 $14,379,879 $27,905,330 RECOMMENDATION: Staff recommends that the Board approve the requested funding revisions from the School District ($1,026,690), the Hospital District ($358,301), and the Constitutional Officers ($271,712), and authorize the Chairman to execute subrecipient agreements with the Hospital District, the City of Sebastian, and the School District (following review by the County Attorney) for this funding. Staff further recommends that the Board make a determination of whether to approve Option A or Option B for the County's final Phase 3 Spending Plan. Option A includes revised funding of $15,182,154, which will leave $12,723,176 unallocated for return to the Federal government. Option B will provide an additional allocation of $12,723,176 for public health and public safety payroll, which will utilize the full $27,905,330 allocation received by the County. 598 INDIAN RIVER COUNTY CARES ACT FUNDING AGREEMENT THIS AGREEMENT is entered into by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 (hereinafter referred to as the "Recipient"), and Indian River County Hospital District, an independent special district of the State of Florida, whose address is 1705 19th Place, Suite G3, Vero Beach, FL. 32960 (hereinafter referred to as the "Subrecipient"). This agreement is entered into based on the following representations: A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the purposes identified herein; and B. The Recipient has received these funds from the State of Florida, who received those funds from the U.S. Department of Treasury and has the authority to distribute these funds to the Subrecipient upon the terms and conditions below; and C. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund (CRF) and provided Florida with $8,328,221,072; 55% of which was allocated to the State of Florida and 45% was allocated to counties. D. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to counties with a population in excess of 500,000. E. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local government allocation, for the State to disburse to counties with populations less than 500,000. F. Per the Recipient's agreement with the State of Florida, counties should provide funding to municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act, however, counties are responsible for the repayment of funds for expenditures that the Federal government determines are ineligible under the CARES Act. Therefore, the Recipient and the Subrecipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. Performance under this Agreement, is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." b. As required by section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform, Attachment A. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Recipient before payment or reimbursement. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Subrecipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Subrecipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Recipient. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Recipient. c. In addition to the foregoing, the Subrecipient and the Recipient will be governed by all applicable State and. Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (2) CONTACT a. The Recipient's Program Manager will be responsible for enforcing performance of this Agreement's terms and conditions and will serve as the Recipient's liaison with the Subrecipient. As part of his/her duties, the Program Manager for the Recipien�al monitor and document Subrecipient performance. b. The Recipient's Program Manager and Representative for this Agreement is: Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County Phone. 772-226-1214 e-mail kdaniels(oircgov.com c. In the event that a different representative or representatives or addresses are designated by Recipient after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION This agreement may not be modified. (6) PERIOD OF AGREEMENT This Agreement shall be effective on March 1. 2020 and shall end on December 30. 2020, unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during the specific agreement period." (7) FUNDING a. The Recipient's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes and the Florida Constitution. b. This is a modified reimbursement agreement. The State will make an initial .disbursement to the Recipient of 25% of the total amount allocated to the Recipient according to the United States Department of the Treasury. Any additional amounts will be disbursed on a reimbursement basis. c. Subrecipients may be reimbursed for any expenses eligible under section 601(d) of the Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury Guidance. Expenditures are not required to be used as the source of funding of last resort. d. Reserved e. For the purposes of. this Agreement, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. f. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. g. Reserved. h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that— i. are necessary expenditures incurred due to the public health emergency with . respect to the Coronavirus Disease 2019 (COVID-19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and iii: were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Funds transferred to Subrecipient must qualify a600 necessary expenditure incurred due to the public health emergency and meet the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been used in a manner consistent with section 601(d) of the Social Security Act. Examples of Eligible Expenses include, but are not limited to: i. Medical expenses ii. Public health expenses iii. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. iv. Expenses of actions to facilitate compliance with COVID-19 related public health measures. v. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency. vi. Any other COVID-19 — related expenses reasonably necessary to the function of government that satisfy the fund's eligibility criteria. (8) INVOICING a. In order to obtain reimbursement for expenditures, the Subrecipient must file with the Recipient Grant Manager its request for reimbursement and any other information required to justify and support the payment request. Payment requests must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). b. Reimbursements will only be made for expenditures that the Recipient provisionally determines are eligible under the CARES Act. However, the Recipient's provisional determination that an expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for any expenditures that are later determined by the Recipient, the State of Florida or the Federal government to be ineligible. (9) RECORDS a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Recipient, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the:purpose of interview and discussion related to such documents. For the purposes of this section, the term "Subrecipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrecipient shall maintain all records related to this Agreement.for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records-management/general-records-. schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. d. Florida's Public Records Law provides a right of access to the records of the state and fift governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. ;EGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424, publicrecords(aD-ircgov.com, Indian River County Office of the County, Attorney, 1801 27th Street, Vero Beach, FL 32960 (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." ' b. When conducting an audit of the Subrecipient's performance under this Agreement, the Recipient must use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement, the Subrecipient will be held liable for reimbursement to the Recipient of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Recipient has notified the Subrecipient of such non-compliance. d. The Subrecipient must have all audits completed by an independent auditor, which is defined in section 215.97(2)(1), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor must state that the audit complied with the applicable provisions noted above. The audits must be received by the Recipient no later than nine months from the end of the Subrecipient's fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the Program Manager. f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (11) REPORTS a. The Subrecipient must provide the Recipient with quarterly reports and a close-out report. These reports must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by the Recipient. b. Quarterly reports are due to the Recipient no later than 15 days after the end of each quarter of the program year and must be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. c. The close-out report is due sixty (60) days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. fi 2 d. If all required reports and copies are not sent to the Recipient or are not complete a manner acceptable to the Recipient, the Recipient may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Recipient" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Subrecipient must provide additional program updates or information that may be required by the Recipient. (12) MONITORING In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Recipient staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Recipient. In the event that the Recipient determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Recipient to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Recipient will monitor the performance and financial management by the Subrecipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Recipient, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) DEFAULT a. If any of the following events occur ("Events of Default"), all obligations on the part of the Recipient to make further payment of funds will, if the Recipient elects, terminate and the Recipient has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Recipient may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment. b. If any warranty or representation made by the Subrecipient in this Agreement or any previous agreement with the Recipient is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Recipient and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. c. If material adverse changes occur in the financial condition of the Subrecipient at any time during the period of agreement, and the Subrecipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Recipient. d. If any reports required by this Agreement have not been submitted to the Recipient or have been submitted with incorrect, incomplete or insufficient information; e. If the Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Recipient may, after thirty (30) calendar days written notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return re6w requested, to the address in paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Subrecipient refund to the Recipient any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: L request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, or iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred for any items determined to be ineligible, or f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Recipient from pursuing any other remedies in this Agreement or provided at law or in equity. If the Recipient waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive any other right or remedy of the Recipient, or affect the later exercise of the same right or remedy by the Recipient for any other default by the Subrecipient. (16) TERMINATION a. The Recipient may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Recipient of Emergency Management Statutes, as amended. b. The Recipient may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient will not be relieved of liability to the Recipient because of any breach of this Agreement by the Subrecipient. The Recipient may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the Recipient from the Subrecipient is determined. (17) ATTACHEMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments will control, but only to the extent of the conflict or inconsistency. (18) PAYMENTS a. The Recipient will make eligible reimbursements to Subrecipient up to $358,301. (19) REPAYMENTS a. All refunds, return of improper payments, or repayments due to the Recipient under this Agreement are to be made payable to the order of "Indian River County," and mailed directly to the following address: 1801 27th Street Vero Beach, Florida 32960 604 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (20) MANDATED CONDITIONS AND OTHER LAWS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a Recipient request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes will, at the option of the Recipient and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Recipient from all its obligations to the Subrecipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will be in the Circuit Court of Indian River County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent of the conflict, and is severable, but does not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Recipient under the terms of this Agreement will survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. h. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes. j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received under this Agreement. k. If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits CRF payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Recipient shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subrecipient of the employr805 provisions contained in Section 274A(e) of the INA will be grounds for unilateral cancellation of this Agreement by the Recipient. I. The Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of all the meetings will be public records, available to the public in accordance with Chapter 119, Florida Statutes. m. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. n. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. o. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the Recipient. p. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act, the Subrecipient may retain the asset. If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. (21) LOBBYING PROHIBTION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." b. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." e. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. i. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: H. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. iii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient must complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iv. The Subrecipient must require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipient s shall certify and disclose. v. This certification is a material representation of fact upon which reliance � placed when this transaction was made or entered into. Submission ofuthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) LEGAL AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. (23) ASSURANCES The Subrecipient must comply with any Statement of Assurances incorporated as Attachment C. (24) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees6V applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (25) COPELAND ANTI -KICKBACK ACT a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less one and a half times the basic rate of pay for all hours worked in excess of 40 hours i 0 Me work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28) SUSPENSION AND DEBARMENT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Recipient. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI -LOBBYING AMENDMENT If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: i. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Subrecipient. (30) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 609 ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Subrecipient must take; the requirements do not preclude the Subrecipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Subrecipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (31) SCOPE OF WORK. The Sub recipient shall perform the tasks as identified and set forth in the Scope of Work, which is Attachment A. 610 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. SUBRECIPIENT NAME: Indian River County Hosoital District / At i Marie Suriano. Executive Director U, Date // INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Joseph E. Flescher, Chairman Date approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 611 Attachment A COVID Related Expenses Breakdown: Childcare Resources of IR PPE & Supplies- $4,787.32 Early Learning Coalition of IRC Clear Face Mask- $871 Gifford Youth Achievement Center: Desk Sneeze Guards- $6,400 VNA: Surgical Masks- $35,536.75 PPE & Supplies- $92,402.90 Signage for Mobile Unit- $2,089.87 Whole Family Health Center: PPE, Supplies, Office Equipment for Telehealth, IT Costs- $216,212.61 TOTAL: $ 358,300.45 612 Attachment B PROGRAM STATUTES AND REGULATIONS 42 USC 601(d) CARES Act Creation of the Coronavirus Relief. Fund (CRF) Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation; agency or judicial branch compliance Section 215.971, Florida Statutes Agreements funded:with federal and state assistance Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited CFO MEMORANDUM NO. 04 (2005-06) Compliance Requirements for Agreements 19 613 Attachment C Intentionally left Blank 614 INDIAN RIVER COUNTY CARES ACT FUNDING AGREEMENT THIS AGREEMENT is entered into by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero. Beach, Florida, 32960 (hereinafter referred to as the "Recipient"), and School Board of Indian River County, whose address is 6500 57th Street, Vero Beach, FL 32967 (hereinafter referred to as the "Subrecipient"). This agreement is entered into based on the following representations: A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the purposes identified herein; and B. The Recipient has received these funds from the State of Florida, who received those funds from the U.S. Department of Treasury and has the authority to distribute these funds to the Subrecipient upon the terms and conditions below; and C. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund (CRF) and provided Florida with $8,328,221,072; 55% of which was allocated to the State of Florida and 45% was allocated to counties. D. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to counties with a population in excess of 500,000. E. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local government allocation, for the State to disburse to counties with populations less than 500,000. Therefore, the Recipient and the Subrecipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." b. As required by section 215.971 (1), Florida Statutes, this Agreement includes: L A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform, Attachment A. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Recipient before payment or reimbursement. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Subrecipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Subrecipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Recipient. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Recipient. c. In addition to the foregoing, the Subrecipient and the Recipient will be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (2) CONTACT . a. The Recipient's Program Manager will be responsible for enforcing performance of this Agreement's terms and conditions and will. serve as the Recipient's liaison with the Subrecipient. As part of his/her duties, the Program Manager for the Recipient will monitor and document Subrecipient performance. b. The Recipient's Program Manager and Representative for this Agreement is: 615 Kristin Daniels, CGFO Director - Office of Management & Budget Indian River County Phone. 772-226-1214 e-mail kdaniels(a)-ircgov.com c. In the event that a different representative or representatives or addresses are designated by Recipient after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION This agreement may not be modified. (6) PERIOD OF AGREEMENT This Agreement shall be effective on March 1. 2020 and shall end on December 30. 2M, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during the specific agreement period." (7) FUNDING a. The Recipient's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes and the Florida Constitution. b. This is a modified reimbursement agreement. The State will make an initial disbursement to the Recipient of 25% of the total amount allocated to the Recipient according to the United States Department of the Treasury. Any additional amounts will be disbursed on a reimbursement basis. c. Subrecipients may be reimbursed for any expenses eligible under section 601(d) of the Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury Guidance. Expenditures are not required to be used as the source of funding of last resort. d. Reserved e. For the purposes of this Agreement, the term "improper payment" means or includes:. i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. f. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. g. Reserved. h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that— i. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and iii. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been ON in a manner consistent with section 601(d) of the Social Security Act. i. Examples of Eligible Expenses include, but are not limited to: i. Medical expenses ii. Public health expenses iii. Payroll expenses for public safety, public health, .health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. iv. Expenses of actions to facilitate compliance with COVID-19 related public health measures. v. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency. vi. Any other COVID-19 — related expenses reasonably necessary to the function of government that satisfy the fund's eligibility criteria. (8) INVOICING a. In order to obtain reimbursement for expenditures, the Subrecipient must file with the Recipient Grant Manager its request for reimbursement and any other information required to justify and support the payment request. Payment requests must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). b. Reimbursements will only be made for expenditures that the Recipient provisionally determines are eligible under the CARES Act. However, the Recipient's provisional determination that an expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for any expenditures that are later determined by the Recipient, the State of Florida or the Federal government to be ineligible. (9) . RECORDS a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Recipient, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Subrecipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrecipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records-management/general-records- schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. d. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received byy a governmental agency (or a private entity acting on behalf of such an agency) in conjunbt0 with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424, publicrecords(a)-ircgov.com, Indian River County Office of the County Attorney, 1801 27th Street, Vero Beach, FL 32960 (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Subrecipient's performance under this Agreement, the Recipient must use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement, the Subrecipient will be held liable for reimbursement to the Recipient of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Recipient has notified the Subrecipient of such non-compliance. d. The Subrecipient must have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor must state that the audit complied with the applicable provisions noted above. The audits must be received by the Recipient no later than nine months from the end of the Subrecipient's fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the Program Manager. f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (11) REPORTS a. The Subrecipient must provide the Recipient with quarterly reports and a close-out report. These reports must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by the Recipient. b. Quarterly reports are due to the Recipient no later than 15 days after the end of each quarter of the program year and must be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. c. The close-out report is due sixty (60) days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. d. If all required reports and copies are not sent to the Recipient or are not completed in a manner acceptable to the Recipient, the Recipient may withhold further payments they are completed or may take other action as stated in Paragraph (15) REMED "Acceptable to the Recipient" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Subrecipient must provide additional program updates or information that may be required by the Recipient. (12) MONITORING In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Recipient staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Recipient. In the event that the Recipient determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Recipient to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Recipient will monitor the performance and financial management by the Subrecipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Recipient, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) DEFAULT a. If any of the following events occur ("Events of Default"), all obligations on the part of the Recipient to make further payment of funds will, if the Recipient elects, terminate and the Recipient has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Recipient may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment. b. If any warranty or representation made by the Subrecipient in this Agreement or any previous agreement with the Recipient is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Recipient and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. c. If material adverse changes occur in the financial condition of the Subrecipient at any time during the period of agreement, and the Subrecipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Recipient. d. If any reports required by this Agreement have not been submitted to the Recipient or have been submitted with incorrect, incomplete or insufficient information; e. If the Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Recipient may, after thirty (30) calendar days written notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (2) CONTACT herein; 619 b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Subrecipient refund to the Recipient any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: L request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, or iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred for any items determined to be ineligible, or f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Recipient from pursuing any other remedies in this Agreement or provided at law or in equity. If the Recipient waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive any other right or remedy of the Recipient, or affect the later exercise of the same right or remedy by the Recipient for any other default by the Subrecipient. (16) TERMINATION a. The Recipient may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Recipient of Emergency Management Statutes, as amended. b. The Recipient may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient will not be relieved of liability to the Recipient because of any breach of this Agreement by the Subrecipient. The Recipient may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the Recipient from the Subrecipient is determined. (17) ATTACHEMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments will control, but only to the extent of the conflict or inconsistency. (18) PAYMENTS a. The Recipient will make eligible reimbursements to Subrecipient up to $1,026,690. (19) REPAYMENTS a. All refunds, return of improper payments, or repayments due to the Recipient under this Agreement are to be made payable to the order of "Indian River County," and mailed directly to the following address: 1801 27th Street Vero Beach, Florida 32960 620 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (20) MANDATED CONDITIONS AND OTHER LAWS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided' by the Subrecipient in this Agreement, in any later submission or response to a Recipient request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes will, at the option of the Recipient and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Recipient from all its obligations to the Subrecipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will be in the Circuit Court of Indian River County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent of the conflict, and is severable, but does not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Recipient under the terms of this Agreement will survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. h. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes. j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received under this Agreement. k. If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits CRF payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Recipient shall considerthe employment by anycontractorof unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subrecipient of the employr6ff provisions contained in Section 274A(e) of the INA will be grounds for unilateral cancellation of this Agreement by the Recipient. I. The Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of all the meetings will be public records, available to the public in accordance with Chapter 119, Florida Statutes. m. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. n. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. o. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the Recipient. p. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act, the Subrecipient may retain the asset. If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. (21) LOBBYING PROHIBTION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." b. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." e. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. i. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. iii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient must complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iv. The Subrecipient must require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipient s shall certify and disclose. v. This certification is a material representation of fact upon which reliance 6M placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) LEGAL AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. - (23) ASSURANCES The Subrecipient must comply with any Statement of Assurances incorporated as Attachment C. (24) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees6" applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted' construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (25) COPELAND ANTI -KICKBACK ACT a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and, the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less one and a half times the basic rate of pay for all hours worked in excess of 40 hours ince work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28) SUSPENSION AND DEBARMENT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Recipient. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI -LOBBYING AMENDMENT If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: i. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or' more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Subrecipient. (30) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 625 ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Subrecipient must take; the requirements do not preclude the Subrecipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Subrecipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (31) SCOPE OF WORK. The Sub recipient shall perform the tasks as identified and set forth in the Scope of Work, which is Attachment A. 626 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. SUBRECIPIENT NAME: The School Board of Indian River County By: Brian M. Barefoot, Chairman Attest: By: Dr. David Moore, Superintendent Date INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Joseph E. Flescher, Chairman Date approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 627 Attachment A School District of Indian River County Budget Narrative JULY - NOVEMBER 2020 Covid- Related Expenditures PROJECT DESCRIPTION DETAIL /AMOUNT 1536 SUPPLIES EXTRA HOURS Supplies for Students and Staff - Face Masks, Wipe Al/arftg Wipes, Hand Sanitizer, Eco Spray Bottle disinfectant, coveralls protective gear, shoe covers, latex gloves, c supplies, safety glasses, plastic bottles, spray trig rs. Extra hours to custodial staff for deep cleanin aptop distributions at schools. Substitute for school office member on ap�roved leave - SUBS Covid 3536 EQUIPMENT PLASTIC SHIELDS 4536 Food Service Sup CUSTODIAL DEEP CLEAN/COVERAGE COVID 1591 RELATED ABSENSES Mister Machines for schools for ep cleanings, barcode scanners for laptop distributi0 Plastic Shield Barriers install d for social distancing for staff/students Masks, wipes, gloves and sanitizer, cleaning supplies Extra hours �/ fa/Custodial staff for deep cleaning crew for schools with/ positive covid cases 249,988.17 42,739.96 1,529.49_ 57,905.00 69,579.31 f 6,685.51 511.51 Narrative: The School District of Indian River County has covid related expenses from July - November for several categories including supplies, salary and benefits and equipment. The health and safety of students and staff covid PPE supplies purchased are face masks and shields, hand sanitizers, cleaning protective gear and supplies as well as disinfectant supplies. Covid related equipment includes hand sanitizer stations, disinfecting mister machines, plexiglass separation stations and barcodes for laptop distributions. Salary and Benefits expenditures for covid related absences, subs, extra hours for custodial staff for deep cleaning/sanitizing and for guidance counselors and success coaches for student needs. 628 SUBSTITUES FOR INSTRUCTIONAL STAFF FOR Sub-itutes for Instructional coverage due to covid related 1000 COVID RELATED ABSENSES a, ences $ 25,496.00 Additional PPE including Latex Gloves all sizes and N95 face 1150 WAREHOUSE STOCK masks $ 8,909.15 18 Guidance Counselors and 3 Success Coaches salary and 4361 ESSER Salary & Benefi benefits from July - Nov 2020. $ 419,707.50 CARES EMERGEN Y FUNDING - Treasure Coast Technical College PPE supplies - masks, 4372 TCTC PP UPPLIES gloves, hand sanitizer, cleaning supplies $ 3,637.87 TOTAL CO ID RELATED EXPENDITURES $ 1,026,689.47 Narrative: The School District of Indian River County has covid related expenses from July - November for several categories including supplies, salary and benefits and equipment. The health and safety of students and staff covid PPE supplies purchased are face masks and shields, hand sanitizers, cleaning protective gear and supplies as well as disinfectant supplies. Covid related equipment includes hand sanitizer stations, disinfecting mister machines, plexiglass separation stations and barcodes for laptop distributions. Salary and Benefits expenditures for covid related absences, subs, extra hours for custodial staff for deep cleaning/sanitizing and for guidance counselors and success coaches for student needs. 628 School District of Indian River County Budget Narrative JULY - NOVEMBER 2020 Covid- Related Expenditures 11,4, Awamav'4-A PROJECT DESCRIPTION DETAIL AMOUNT Supplies for Students and Staff - Face Masks, Wipe All Wipes, Hand Sanitizer, Eco Spray Bottle disinfectant, coveralls protective gear, shoe covers, latex gloves, cleaning 1536 SUPPLIES supplies, safety glasses, plastic bottles, spray triggers. $ 249,988.17 Extra hours to custodial staff for deep cleaning, laptop EXTRA HOURS distributions at schools. $ 42,739.96 Substitute for school office member on approved leave - SUBS Covid $ 1,529.49 _ Mister Machines for schools for deep cleanings, barcode 3536 EQUIPMENT scanners for laptop distribution $ 57,905.00 Plastic Shield Barriers installed for social distancing for PLASTIC SHIELDS staff/students $ 69,579.31 4536 Food Service Supplies Masks, wipes, gloves, hand sanitizer, cleaning supplies $ 6,685.51 CUSTODIAL DEEP CLEAN/COVERAGE COVID Extra hours for custodial staff for deep cleaning crew for 1591 RELATED ABSENSES schools with positive covid cases $ 140,511.51 SUBSTITUES FOR , INSTRUCTIONAL STAFF FOR Substitutes for Instructional coverage due to covid related 1000 COVID RELATED ABSENSES absences $ 25,496.00 Additional PPE including Latex Gloves all sizes and N95 face 1150 WAREHOUSE STOCK masks . $ 8,909.15 18 Guidance Counselors and 3 Success Coaches salary and 4361 ESSER Salary & Benefits benefits from July - Nov 2020. $ 423,345.37 ' TOTAL COVID RELATED EXPENDITURES Narrative: The School District of Indian River County has covid related expenses from July - November for several categories including supplies, salary and benefits and equipment. The health and safety of students and staff covid PPE supplies purchased are face masks and shields, hand sanitizers, cleaning protective gear and supplies as well as disinfectant supplies. Covid related equipment includes hand sanitizer stations, disinfecting mister machines, plexiglass separation stations and barcodes for laptop distributions. Salary and Benefits expenditures for covid related absences, subs, extra hours for custodial staff for deep cleaning/sanitizing and for guidance counselors and success coaches for student needs. $ 1,026,689.47 Attachment B PROGRAMA STATUTES AND REGULATIONS 42 USC 601(d) CARES Act Creation of the Coronavirus Relief Fund (CRF) Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation; agency or judicial branch compliance Section 215.971, Florida Statutes Agreements funded with federal and state assistance Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited CFO MEMORANDUM NO. 04 (2005-06) Compliance Requirements for Agreements 29 629 Attachment C Intentionally Left Blank 630 SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT THIS SECOND AMENDMENT. TO INDIAN RIVER COUNTY CARES ACT AGREEMENT ("Amendment") is entered into as of the day of , 2020 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("Recipient", and the City of Sebastian, a municipality, whose address is 1225 Main Street, Sebastian, Florida, 32958 (the "Subrecipient'). RECITALS WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient (the "Agreement"); and WHEREAS, the Recipient and Subrecipient wish to amend the previous scope of work so that CARES Act funds can be reallocated between the proposed funding categories; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct. and are incorporated herein. 2. Amendment of Section 31 (Scope of Work). Section 31 of the Agreement is amended to read as follows: "(31) SCOPE OF WORK The Subrecipient shall perform the tasks as identified and set forth in the Revised Scope of Work, which is Revised Attachment A." 3. Attachment "A" to the Agreement shall be removed and replaced with Revised Attachment "A", which is attached to this Amendment. 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this day of , 2020. Page I of 2 631 CITY OF SEBASTIAN 1225 Main Street, Sebastian, Florida 32958 By: Paul E. Carlisle, City Manager ATTEST: Jeanette Williams, City Clerk h INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chariman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Approved as to Form and Legal Sufficiency Manny Anon, Jr. City Attorney I Dylan Reingold County Attorney Jason E. Brown County Administrator Page 2 of 2 632 til6 SER c Office of the z INDIAN RIVER COUNTY �. ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator ` DATE: November 16, 2020 SUBJECT: Policy Revisions — CRF/CARES Act Housing Mortgage and Rent Payment Program At the August 18, 2020 Board of County Commissioners meeting, the Board approved authorization of the County Administrator or his designee to make adjustments to the program activities to address needs of the community. For your information, please find attached the County Administrator's Memorandum to the CRF Housing Team Members, dated November 13, 2020, enacted to expedite the delivery of CRF Housing Funds. Recommendation: Request the Board to ratify the Policy Revisions as presented 633 til+' �'� c ,rc °� Office of the :� INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: CRF Housing Team Members FROM: Jason E. Brown County Administrator DATE: November 13, 2020 SUBJECT: Policy Revisions - CRF/CARES ACT Housing Mortgage and Rent Payment Program To expedite the delivery of CRF Housing funds from the Florida Housing Finance Corporation (FHFC) and CARES Act funds from the Florida Department of Emergency Management (FDEM) to our neediest citizens, I am authorizing changes to the County's COVID-19 Mortgage and Rent Payment Assistance Program. For CRF HOUSING Funds: -We can accept applications UP TO 140% of AMI. -ANY demonstrated loss of income due to COVID is acceptable. -All other checklist items still apply. (NOTE: Please review all over -income denied CRF Housing applications if otherwise complete and process for payment ASAP). For CARES ACT Funds: - We need a COMPLETE AND SIGNED APPLICATION. (This includes the Dtq)lication gf Benefits, Consent.for Data Collection, CDC Non -Eviction, and Self Certification gf Income.forms. (Note: these are included in the on- line application website. Signature needed from APPLICANT ONLY). -We can accept applications UP TO 140% of AMI. -ANY demonstrated loss of income due to COVID is acceptable. -Mortgage Assistance: We need a copy of the Deed AND some mortgage payment OR delinquency documentation (mortgage statement, etc). -Rental Assistance: Late Notice from Landlord OR Copy of Lease. NOTE: Applicant does not have to be behind on.Mortgaee or Lease payments, as they may be cutting back on other life sustaining expenses such as food or medicine to avoid homelessness. Through these changes that we understand to be allowable under program guidelines, many of the.more duplicative processes (such as RIC forms, multiple signatures, and redundant documentation) will no longer be needed. Thanks for your continued hard work on this worthwhile project. 634 Table of New CRF and CARES Act Requirements Housing Mortgage and Rent Payment Program (Effective November 13, 2020) New Requirement - CRF New Requirement - CARES Act Original (Current) Requirement Housing Assistance Assistance (From FDEM) _.. (From FHFC) 80% Area Median Income Cap 140% Are Median 140% Are Median Income Cap Income Cap Housing Intake Application signed by all Required - No Change household members 18 years of age or over. Signed Only by Applicant AeRlication Signature Pages Required - No Change Duplication of benefits agreement signed Required - No Change Required - No Change by all household members. Signed Self Certification form for each household member 18 years of age or over. Required - No Change Required - No Change (Hardship and Income) Resident Income Certification form Required - No Change Not Required Copv of driver's license, ID or birth certificate for all household members. Required - No Change Required for Applicant Only Copy of lease or proof of tenancy if Required - No Change requesting rental assistance Provide either a copy of lease or Rentals - Late Rent/DeIinquency Notice OR A letter from the owner/agent indicating that Required — No Change late notice from landlord the rent is behind, how much and for how many months. Fee Simple Deed in applicant's name for homeowners or other documentation of Required - No Change Required - No Change ownership Copy. of monthly mortgage payment due Required - No Change Required - No Change for homeowners (mortgage statement) Rentals - CDC Non -Eviction Form Required — No Change Required — No Change Consent for Data Collection (HMIS and Social Security data sharing) Required — No Change Required Unemployment At least One Form of Backup Documentation/Compensation Sheets or Required Documentation demonstrating other form of document showing loss of income loss (termination letter, pay income (e.g. pay stubs). stub, unemployment claim etc) Must show at least a 10% loss of Household Any demonstrated loss of income Any demonstrated loss of income Income due to COVID-19 is acceptable due to COVID-19 is acceptable Application Time Period Ends December I" 2020 or when either all funds are expended No change No Change or when the County receives 500 applications, whichever occurs first W-9 for landlord or mortgage provider. Required - No Change Required - No Change 635 12 C -n a - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Award of Bid No. 2021012 Phase 1 of Sector 3 (IRC -1925) Beach and Dune Restoration DATE: November 18, 2020 DESCRIPTION AND CONDITIONS The proposed project award is for a construction contract between the County and Guettler Brothers Construction, LLC for Phase 1 of the Sector 3 Beach and Dune Restoration Project. Sector 3 encompasses approximately 6.6 miles of coastline in North Beach, the Town of Orchid, Wabasso Beach, Indian River Shores, and unincorporated Indian River County. Sector 3 beaches sustained erosional damage from Hurricane Matthew (2016), Hurricane Irma (2017) and Hurricane Dorian (2019). The Sector 3 Beach and Dune Restoration project was designed and permitted to restore sand losses from these storms and from background erosion by placing beach compatible sand and native salt -tolerant dune plants along the 6.6 mile stretch from the Seaview subdivision in the north to just south of the Turtle Trail beach access. To avoid the sea turtle nesting season, construction activities on the beach are required to take place between November 1st and April 30th of each year, as such, due to the size of the project and delayed start date, the Sector 3 Beach and Dune Restoration project has been divided into two (2) phases overtwo (2) construction years 2020/2021 and 2021/2022. Construction on Phase 1 to take place in the 2020/2021 construction window and Phase 2 anticipated to take place in the 2021/2022 construction window. This agenda item addresses the proposed award of bid for Phase 1 of the Sector 3 Beach and Dune Restoration Project. Phase 1 of the Sector 3 project consists of restoration of the beach and dune to the northern 3.7 mile stretch of the County's Sector 3 Beaches. This phase of the construction project for Sector 3 will place approximately 307,000 cubic yards of beach compatible sand fill and install approximately 200,710 native dune plants along 3.7 miles of shoreline in Indian River Countyfrom FDEP range monuments R20 to R40 (Seaview subdivision in the north continuing south to Wabasso Beach Park). On October 11, 2020, the County advertised the project, soliciting bids to restore the dunes and beaches for Phase 1 of the Sector 3 project using sand obtained from either (a) the County's Offshore Borrow area, or (b) an upland sand source pre -qualified by the County, and/or an upland sand source separately approved by the Florida Department of Environmental Protection. The bid opening was held on November 13, 2020. Seven (7) responsive bids were received. Ug,@g review, six (6) of the responsive bidders submitted a bid identifying use of an upland sand source, while one (1) identified the use of the County's Offshore Borrow area. All supporting bid documents are on file and available for viewing in the Public Works Department. County staff, with support from the County's engineering consultant for the project, Aptim Environmental & Infrastructure, Inc. (APTIM) reviewed the bids. Guettler Brothers Construction, LLC is considered to be the lowest,. responsive, responsible bidder for the project with a bid totaling $11,987,010.00. Guettler Brothers Construction, LLC. will be using a permitted upland sand mine as the source for sand for the project. Bidders Name Location Total Bid Amount Guettler Brothers Construction, LLC Fort Pierce, FL $11,987,010.00 Ranger Construction Industries, Inc. Fort Pierce, FL $12,884,120.80 Rio -Bak Corporation Wellington, FL $13,258,000.00 Phillips and Jordan, Inc. Zephyrhills, FL $13,858,622.18 Ceres Environmental Services, Inc. Sarasota, FL $14,973,504.20 Eastman Aggregate Enterprises, LLC Lake Worth, FL $14,993,383.21 Weeks Marine, Inc. Covington, LA $21,709,510.00 FUNDING Partial funding for the entire Sector 3 Beach and Dune Restoration Project is made available through FEMA funding as shown in the table below. FEMA funding requires that the project be completed within 18 months of Project Worksheet issuance. As the Sector 3 Beach and Dune Restoration Project is very large and complex and is being targeted for completion in 2 phases of construction over the 2020/2021 and 2021/2022 construction windows, extensions to FEMA funding have been requested in order to retain funding availability. Additionally, a FDEP Local Governmental Funding Request (LGFR) grant is also made available for this project. FDEP LGFR 171112 identifies certain monitoring and design costs that the County can seek partial reimbursement for. This grant requires project completion by 4/30/2021. Outside Funding Sources Gross Amount Net Amount FEMA Hurricane Matthew* $5,320,233 $3,369,517 FEMA Hurricane Irma* $2,904,746 $1,075,711 FEMA Hurricane Dorian * $2,669,027 $2,335,398 FDEP Grant 171112 $446,551 $446,551 Total Funding $11,340,557 $7,227,177 *Net of insurance proceeds received and local cost -share The Funding identified above has been allocated for costs associated with the entire 6.6 mile Sector 3 Beach and Dune Restoration Project. Funding for Phase 1 of this project that this agenda item covers is anticipated to be approximately 66% of the amounts shown above (the sand required to meet permitted fill template design for the 3.7 mile stretch for Phase 1 represents approximately 66% of the sand for the entire 6.6 mile length of the project). Based on that approach, the County anticipates $4,769,937 of the funds identified above to be made available for Phase 1 of the Sector 3 Beach and Dune Restoration Project. 637 Local Cost -Share: Local funding for beach restoration is provided by a portion of Local Option Tourist Tax. Funding for construction of Phase 1 of the Sector 3 Beach and Dune Restoration Project in the amount of $7,217,073 is budgeted and available in Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account # 12814472- 066514-17001. In addition to the funds allocated under FDEP LGFR 171R2, an additional LGFR Grant application for construction costs has been submitted to the FDEP for the FY 2021/2022 funding period. This application has requested State matching funds to assist with the construction and monitoring costs associated with the full Sector 3 Beach and Dune Restoration Project. Review of the LGFR Grant application is underway by the FDEP, and we remain hopeful that a portion if not the entire amount of the County's request will be allocated. RECOMMENDATION Staff recommends that Bid 2021012 for Phase 1 of the Sector 3 Beach and Dune Restoration Project be awarded to Guettler Brothers Construction, LLC in the amount of $11,987,010.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. aTTAPINMFNT 1. Sample Agreement 2. APTIM Bid Recommendation Letter 20-1119 APPROVED AGENDA ITEM FOR DECEMBER 1, 2020 638 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1- WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................ 2 ARTICLE 4 - CONTRACT TIMES......................................................................................................... 2 ARTICLE 5 - CONTRACT PRICE..........................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES.............................................................................................. 4 ARTICLE 7 - INDEMNIFICATION........................................................................................................ 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS..................................................................... 5 ARTICLE 9 - CONTRACT DOCUMENTS............................................................................................ 6 ARTICLE 10 - MISCELLANEOUS.........................................................................................................7 ARTICLE 11- FEDERAL CLAUSES............................................................................ 9 ARTICLE 12 - TERMINATION OF CONTRACT............................................................13 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 639 SECTION 00520 - Aareement (Public Works THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: i ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project Description: The Project entails re -nourishment of the County's Sector 3 Beach & Dune Restoration Project via placement of about 307,000 cubic yards of beach -compatible sand fill and about 200,710 native dune plants over 3.7 miles of Atlantic Ocean beach in central Indian River County. Sand fill is proposed to be obtained from either (a) the County's Offshore Borrow Area, or (b) an upland sand source pre -qualified by the County, and/or (c) an upland sand source separately approved by Florida Department of Environment Protection. To avoid adverse impacts to nesting sea turtles, construction is expected to be completed during the period from November 1, 2020 and April 30, 2021. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: SECTOR 3 BEACH AND DUNE RESTORATION PROJECT County Project Number: IRC -1925 Bid Number: 2021012 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have ,the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the main part of sea turtle nesting season begins in the County on April 30th, 2021 as provided in paragraph 2.03 of the 640 General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the date when the Contract Times commence to run. Substantial completion is defined as completion of the heavy equipment portion of the project on the beach, meaning sand hauling processing, testing, compaction, placement and grading. Heavy equipment work will not be allowed on the beach after April 30th, but dune vegetation planting will be allowed (please refer to FDEP permit and CONTRACT Technical Specifications for permit allowed working dates). Heavy equipment work not completed by April 30, 2021 will need to cease and all equipment removed from the beach and CONTRACTOR will not be allowed to perform Beach Nourishment activities again until after the sea turtle nesting season ends on October 31, 2021. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work on November 1, 2021, which excludes the time CONTRATOR is not allowed to work based on sea turtle nesting season as identified in FDEP Permit. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $4,344 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion (excluding the period between May 1 and October 31, 2021) until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $4,344 for each calendar day that expires after the time specified in paragraph 4.02 (excluding the period between May 1 and October 31, 2021) for completion and readiness for final payment until the Work is completed and ready for final payment. In the event the CONTRACTOR fails to substantially complete the project by April 30, 2021 and must return to substantially complete the Project after October 31, 2021, the CONTRACTOR shall not be compensated for any remobilization or demobilization costs. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: 641 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the 642 Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto 643 F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. , G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-15, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-44 inclusive); 7. Technical Specifications by Aptim Environmental & Infrastructure, LLC; 8. Drawings consisting of a cover sheet and sheets numbered CS -1 through BA -XS, inclusive, with each sheet bearing the following general title: Sector 3 Beach and Dune Restoration Project; 9. Addenda (numbers to , inclusive); 10. Appendices to this Agreement (enumerated as follows): Appendix A FDEP Permit Appendix B USACE Permit Appendix C Daily Report Format 644 Appendix D Offshore Sediment QA/QC Plan Appendix E Upland Sediment QA/QC Plan Appendix F Geotechnical Reports ,11. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 12. Bid Bond (page 00430-1); 13. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 15. Qualifications Questionnaire (pages 00456-1 to 00456-3, inclusive); 16. List of Subcontractors (page 00458-1); 4 17. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 18. Contractor Equipment Schedule (page 00462-1); 19. Certification Regarding Lobbying (page 00474-1); 19. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); 20. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); ARTICLE 10 - MISCELLANEOUS 10.01 Terms ' A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract I A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be Ilimited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns , 645 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 646 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a-ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11 — FEDERAL CLAUSES 11.01 OWNER and CONTRACTOR will adhere to.the following, as applicable to this work. A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally' assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 647 (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708): (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the CONTRACTOR, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 648 (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. (4) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (5) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the CONTRACTOR, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional. Office. (6) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act – The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment ' (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required.to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply.with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://Www.epa.gov/smm/comprehensive-procurement- 649 guideline -cm -program. The list of EPA -designate items is available at hftp://www.epa.gov/cpq/products.htm. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE 12 - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, 650 in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents;. (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general. assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub - Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 651 OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List oris engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [The remainder of this page was left blank intentionally] 652 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E. PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) , Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 653 November 19, 2020 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th St Vero Beach, FL 32960 Subject: Sector 3 Beach and Dune Restoration Project Bid Recommendation Letter Dear Eric: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33421 Tel: 561.391.8102 Fax: 561.391.9116 www.aptim.com This is to recommend selection of the low bidder, Guettler Brothers Construction, LLC, by the County for construction of the Sector 3 Beach and Dune Restoration Project along the County's Atlantic Coast shoreline. This recommendation is based on the assumption and provided documentation that the Contractor, Guettlers Brother Construction, LLC, understands and has appropriately considered the nature of the project within the environmentally sensitive project area and performs as intended, meeting all of the requirements of the specifications of the project. The recommendation for the selection of Guettler Brothers Construction, LLC is predicated upon County approval of the appropriate certificate of insurance documents with all required endorsements and stipulations, performance and payment bonds and any documents and/or endorsements required by the County. Please do not hesitate to contact me if you have any further questions or comments. Sincerely, Nicole S. Sharp, P.E. ' Coastal Restoration & Modeling Program Manager Aptim Environmental & Infrastructure, LLC 654 El El 3 N O O n Q—' n. O rD N -�• ru LO W �-t 3 o' rt QQ 0' a, a- N N O co CD n fl.1 77 Q (D 0.1 Q. N 0.1 N (D C (D G N C cr W W m X . D r 3fD Ort, CL c p• cr n O O� N. crQ r+C O r+c �• p N CL D -(/} N oa a� —h cn—s • — w O• ::3• N 0O rDD O� 00 (D C O (D O p = ; N N � � n Q r+ O a, a- N N O co CD n fl.1 77 Q (D 0.1 Q. N 0.1 N (D C (D G N C cr aav P Ll T r -h (D (D 3 rh V) r -t O r O n w O ,t 3 w3 rg (D n L„ 0-0 < n � O 3 fD (D I CL c LA 12,42 - INDIAN Z4Z INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Phase 1 of the Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 2018006-8, Construction Administration Services DATE: November 18, 2020 BACKGROUND AND DESCRIPTION On January 9, 2018, the Board of County Commissioners (BCC) approved a.contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision in the north to just south of the Turtle Trail beach park. The Sector 3 project area sustained erosional damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. To avoid sea turtle nesting season, construction activities on the beach are required to take place between November 15t and April 30th of each year, as such, due to the size of the project and delayed start date, the Sector 3 Beach and Dune Restoration Project has been divided up into two (2) phases over two (2) construction years, 2020/2021 and 2021/2022. Phase 1 represents approximately 3.7 miles of the northern project area, from the Seaview subdivision in the north down to the Wabasso Beach Park in the south. Phase 1 will be undergoing construction in the 2020/2021 construction window, with sand placement anticipated to begin January 4, 2021 and end by April 30, 2021. Phase 2 represents the remainder of the Sector 3 project area (southern portion), or approximately 2.9 miles of beach stretching from Wabasso Beach Park in the north down to the southern end of project located just south of the Turtle Trail beach access. Construction on Phase 2 of the project is anticipated to begin in November 2021 and conclude by April 30, 2022. The proposed Work Order No. 2018006-8, in the amount of $385,639.17, provides professional services in support of construction administration and monitoring during construction of Phase 1 of the Sector 3 Beach and Dune Restoration Project. FUNDING 655 Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue, FEMA project worksheets and a FDEP grant. Funding for construction administration services in the amount of $385,639.17 is budgeted and available for the Sector 3 Beach Nourishment Project in,the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane Dorian, Account No. 12814472-066514-17001. RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-8 in the total lump sum amount of $385,639.17. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-8. ATTACHMENT APTIM Work Order No. 2018006-8 APPROVED AGENDA ITEM FOR: December 1, 2020 656 I' u November 13, 2020 Mr. Eric Charest Indian River County Public Works - Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #8 Construction Administration Dear Eric: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Restoration Project. The scope of work described herein is to support the County in administering construction for the Sector 3 project including periodic site observations and project certification. This proposal is intended to follow WO#7 — Pre -Construction Services for the Sector 3 project, which includes services through the Bidding and Pre -Construction Services phase. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006). Task 1: Progress Meetings APTIM will coordinate and conduct weekly construction progress meetings with the County and Contractor. APTIM will direct the meeting, covering work progress and schedule, conformance to plans and specifications, and other relevant issues that may need to be discussed. APTIM will also record and distribute meeting minutes to the project team. APTIM will collect and incorporate meeting minute comments and distribute final meeting minutes, if applicable. The proposed budget for this task includes up to twenty-one (21) construction progress meetings, based on the tentative schedule. Deliverable APTIM will distribute the final meeting minutes in PDF format to the project team. Schedule APTIM will distribute the draft meeting minutes within two (2) days of the meeting date. APTIM will distribute the final meeting minutes upon receipt of any comments from the project team, prior to the next meeting. 657 AAPTIM I November 13, 2020 O Page 2 of 8 Cost The lump sum cost for this task is $20,076.00.; Task 2: Site Observations — Truck Haul APTIM will assist the County with engineering services, technical assistance, and on-site observations during construction in order to certify the project was constructed in compliance with the contract documents as Engineer of Record. APTIM will perform site visits on days of active construction, which are assumed to be 6 days per week, and will provide up to eight (8) hours of observation per visit. It is assumed that one (1). site visit per week will ,be scheduled on the same day as the weekly progress meeting described in Task 1. APTIM will coordinate with the Contractor to perform site visits on days when on-site construction activities are scheduled. The activities, observations, photographs, discussions with the Contractor, and other issues will be documented in a daily observation report and submitted to the County. APTIM's on-site representative will: • Observe construction activities at the beach and periodically visit the upland sand mine(s) • Visually assess the quality of fill material delivered to the project site and placed on the beach • Observe the Contractor's work for compliance with the contract documents and permits • Photograph and document the project as the work progresses • Communicate issues, deviations, and/or consistencies that may arise • Attend progress meetings The proposed budget for this task includes up to 98 days of construction observations, based on the tentative schedule. Upon completion of sections of constructed beach, two (2) duplicate sand samples will be collected at each FDEP Reference Monument profile line to assess the grain size, silt content, gravel content, and Munsell color for compliance, in compliance with the approved Sediment QA/QC Plan. One (1) sample . will be quantitatively tested and the other archived for 120 days after project completion. Deliverable APTIM will prepare observation reports summarizing each site visit, which will be used to document the project progress and events. APTIM will prepare a summary table of the sediment samples and test results for the sediment compliance parameters, and a complete set of laboratory testing results as required by the approved Sediment QA/QC Plan. The sediment testing results will be included in the Project Completion Report. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and construction schedule. Cost The lump sum cost for this task is $207,028.40. 658 ,,APTIM Task 3: Site Observations — Dredge November 13, 2020 Page 3 of 8 APTIM will assist the County with engineering services, technical assistance, and on-site observations during construction in order to certify the project was constructed in compliance with the contract documents as Engineer of Record. APTIM will perform site visits on days of active construction, which are assumed to be 7 days per week, and will provide up to twelve (12) hours of observation per visit. It is assumed that one (1) site visit per week will be scheduled on the same day as the weekly progress meeting described in Task 1. APTIM will coordinate with the Contractor to perform site visits on days when on-site construction activities are scheduled. The activities, observations, photographs, discussions with the Contractor, and other issues will be documented in a daily observation report and submitted to the County. APTIM's on-site representative will: • Observe construction activities at the beach and/or dredge as needed • Visually assess the quality of fill material delivered to the project site and placed on the beach • Observe the Contractor's work for compliance with the contract documents and permits • Photograph and document the project as the work progresses • Communicate issues, deviations, and/or consistencies that may arise • Attend progress meetings The proposed budget for this task includes up to 42 days of construction observations, based on the tentative schedule. Upon completion of sections of constructed beach, two (2) duplicate sand samples will be collected at each FDEP Reference Monument profile line to assess the grain size, silt content, gravel content, and Munsell color for compliance, in compliance with the approved Sediment QA/QC Plan. One (1) sample will be quantitatively tested and the other archived for 120 days after project completion. Deliverable APTIM will prepare observation reports summarizing each site visit, which will be used to document the project progress and events. APTIM will prepare a summary table of the sediment samples and test results for the sediment compliance parameters, and a complete set of laboratory testing results as required by the approved Sediment QA/QC Plan. The sediment testing results will be included in the Project Completion Report. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and construction schedule. Cost The lump sum cost for this task is $127,890.40. Task 4: Construction Administration APTIM will provide necessary interpretations or clarifications of the contract documents requested by the Contractor through the County. APTIM will also make determinations on non -conforming and unauthorized work as described in the project plans and specifications. APTIM will assist the County to prepare field changes or change orders requested by the Contractor, recommended for approval by 659 APTIM November 13, 2020 Q Page 4 of 8 APTIM, and agreed to by the County. These documents will be submitted electronically in PDF format unless they must be sealed, at which point a hardcopy will be provided along with an electronic copy at the time of issuance. This scope of work is based on the assumption that there will be a maximum of four (4) change orders and four (4) field adjustments. APTIM will review daily quality control reports,and other submittals provided by the Contractor. APTIM will review and respond to correspondence from the Contractor through the County on an as needed basis. APTIM will also respond to Contractor questions via phone. If the questions are sufficiently technical or the response may deviate from the plans and specifications, APTIM will document these conversations and circulate a summary to the County and Contractor via email. APTIM may require that the Contractor submit an official contract change request. During construction, APTIM will confer with the County, the Contractor, and regulatory agency staff to review and document that the County has fulfilled reporting requirements cited in the permits. APTIM will assist the County with documentation of permit compliance. Deliverable APTIM will provide project -related documentation as described above. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress, construction schedule, and any issues which may arise during construction. However, APTIM work with the project team to administer construction through completion. Cost The lump sum cost for this task is $26,873.00. Task 5: Payment Review APTIM will review all invoices for payment submitted by the Contractor and determine the amounts of progress payments due based on completion of work. APTIM will analyze the survey data and compare the requested payment volume to APTIM's computed pay volume. APTIM will also assess whether the Contractor. is eligible for other pay items and the amount due. Deliverable A letter of payment recommendation will be submitted to the County along with the Contractor's pay request in PDF format. Schedule Payment recommendations will be submitted to the County in accordance with the requirements of the County's standard terms and conditions for the project. Cost The lump sum cost for this task is $10,390.00. 660 ,>A P T I M November 13, 2020 ,Page 5 of 8 Task 6: Project Closeout APTIM will conduct one (1) substantial completion site visit with the County and Contractor, which will be conducted following dune and beach fill placement. Upon completion of the substantial completion site visit, APTIM will assist the County in the preparation of a punch list of items to be completed by the Contractor prior to final acceptance. APTIM will conduct one (1) final acceptance walkthrough with the County following site restoration, installation of dune vegetation, and demobilization. This final site visit will be conducted to confirm that the Contractor has completed the punch list items. Deliverable APTIM will prepare and distribute a punch list to the project team upon completion of the substantial completion site visit. A letter summarizing recommendations for final payment to the Contractor and release of any retainage will be prepared at the completion of the project. Schedule APTIM will conduct the substantial completion site visit within seven (7) days of the receipt of written notice from the Contractor of substantial completion. APTIM will conduct the final walkthrough within seven (7) days of receipt of written notice from the Contractor that all punch list items have been completion. Cost The lump sum cost for this task is $6,949.10. Task 7: Project Report & Certification After completion of the project and the Contractor has demobilized from the site, APTIM will provide a written Project Completion Report to the County, which will include a.summary of the work performed along with a compilation of the pertinent correspondence and data. APTIM will provide a written statement of completion and certification to satisfy permitting requirements noting any deviations from the permitted projects. This certification will state whether the project was constructed in substantial compliance with the plans and specifications. Our certification will be qualified and based on the extent of APTIM's involvement in construction observation. Deliverable APTIM will provide one (1) hardcopy of the Project Completion Report and written statement of completion to the County; electronic copies in PDF format will also be provided. Schedule The Project Completion Report will be provided within approximately sixty (60) days after completion and acceptance of construction as required by the permit. The written statement of completion and certification will be provided within thirty (30) days after completion and acceptance of construction authorized by the permit. Cost The lump sum cost for this task is $16,334.00. 661 ,,APTIM Task 8: Check Surveys November 13, 2020 Page 6 of 8 APTIM will conduct up to two (2) independent. check surveys to evaluate discrepancies that may arise between the Contractor's requested pay volume and APTIM's computed pay volume based on the construction plans. This will allow for a prompt, independent check should questions arise regarding the data obtained by the surveyor retained by the, Contractor to perform pay surveys. The surveys will be conducted with land-based equipment and extend to sufficient wading depth to complete the data check. Deliverable APTIM will include the check survey cross-sections in the Project Completion Report, if applicable. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and pay survey results. APTIM will mobilize in an expeditious manner according to construction progress. Cost The lump sum cost for this task is $6,050.00 1 Task 9: Construction Phase Sea Turtle and Shorebird Monitoring APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle and shorebird monitoring tasks, which states: Construction -phase sea turtle and shorebird monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment project. This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: • Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks will be performed under this work order include: • Task 1 Pre -construction Meeting • Task 2: Daily Sea Turtle Monitoring and Data Management • Task 3: Nighttime Sea Turtle Monitoring • Task 4: Sea Turtle Nest Protection • Task 5: Construction -phase Nesting Shorebird Monitoring and Protection Cost The lump sum cost for this task is $91,938.67. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #8 is $385,639.17 if the project is constructed via truck haul (omitting Task 3) or $306,501.17 662 ,>oAPTIM November 13, 2020 Page 7 of 8 (omitting Task 2) if constructed via dredge. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We'will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration8Flno eling Program Manager Aptim Environmental rastructure, LLC Client Authorized Signature Printed Name Title AuthGgzA Corporate Signature Beau C. Suthard Printed Name Program Director Title September 9, 2020 Date cc: Beau Suthard, PG, APTIM Debbie Neese, APTIM 663 AoAPTIM EXHIBIT 2 Indian River County, FL Sector 3 - 2018006 - Work Order #8 Construction Administration Summary of Cost by Task November 13, 2020 Page 8 of 8 Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Demob Totals Task 1 Progress Meetings $ 20,076.00 $ - $ $ $ $ 20,076.00 Task 2 Site Observations - Truck Haul $ 159,220.00 $ 10,500.00 $ $ $ $ 37,308.40 $ 207,028.40 Task 3 Site Observations - Dredging $ 98,740.00 $ 10,500.00 $ $ $ $ 18,650.40 $ 127,890.40 Task 4 Construction Administration $ 26,873.00 $ - $ $ $ $ 26,873.00 Task 5 Payment Review $ 10,390.00 $ $ $ $ $ - $ 10,390.00 Task 6 Project Closeout $ 6,614.00 $ $ $ $ $ 335.10 $ 6,949.10 Task 7 Project Report & Certification $ 16,134.00 $ $ $ $ 200.00 $ - $ 16,334.00 Task Check Surveys $ 5,060.00 $ $ 990.00 $ $ - $ $ 6,050.00 Task 9 Construction Phase Sea Turtle and Shorebird Monitoring $ $ 91,938.67 $ - $ $ - $ $ 91,938.67 Totals = $ 343,107.00 $ 112,938.67 $ 990.00 $ $ 200.00 $ 56,293.90 $ 513,529.57 Indian River County, FL Sector 3 - 2018006 - Work Order 98 Construction Administration 664 LaborSummary of .: Viiblill till ffwr—Fx�-Mi Nona ATE-• ..���®�������®gym!®�®�®!� C'.••!:^• �n���®�������®gym!®�m�®� F� •'•-,L"�����®����!®!mom®1����� 664 114 G I ecember 1, 2020 TEM 14.C.1: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 23 202 SUBJECT: High Speed Internet and Broadband FROM: Susan Adams Commissioner, District 1 I respectfully request a discussion regarding supplemental high speed internet and broadband. Attachment: Resolution 665 RESOLUTION 2020 - RESOLUTION SUPPORTING AFFORDABLE AND RELIABLE HIGH-SPEED INTERNET THROUGHOUT FLORIDA 'WHEREAS, reliable and affordable high-speed internet access is essential for Floridians to be prosperous and meet today's challenges; and WHEREAS, the absence of access to reliable and affordable high-speed internet service prevents communities from achieving the high quality of life that is considered a fundamental component for educational and economic success; and WHEREAS, the absence and/or lack of high-speed internet: • hinders the ability for all schoolchildren to have access to educational opportunities; • hinders access to telemedicine to improve health outcomes for its residents, and to provide access without demanding travel and transportation; • hinders the ability for rapid communication between the public and law enforcement agencies; • hinders the ability for communities to maintain and expand business opportunities, stimulate job growth; • hinders the ability to engage in innovative technologies that are required for a vibrant economy. WHEREAS, the Florida Legislature recently passed House Bill 969 creating an Office of Broadband within the Department of Economic Opportunity requiring the creation of a strategic plan that has goals and strategies for increasing the use of broadband Internet service in the state; and WHEREAS, it is imperative that the strategic plan be based on accurate and up-to-date mapping and the internet access needs of the public and private sector; and WHEREAS, the National Association of Counties has developed — Test It! an easy to use "mapping tool" that can be used to assess availability of internet; and WHEREAS, in order to meet the goal of universal access to high-speed internet, it will be necessary to determine what the private providers need to provide affordable and reliable connectivity in sparsely located areas, and the support necessary to address issues of sparse populations and to provide expanded internet services, and engage governmental entities at the Federal, State and Local level in order to be successful. NOW, THEREFORE, BE IT RESOLVED by the members of the Board of County Commissioners Indian River County resolve as follows: Section 1. That the Board of County Commissioners Indian River County hereby supports the State of Florida and the Department of Economic Opportunity in the effort to achieve access to reliable and affordable high- speed internet access to every household and business throughout the State of Florida. Section 2. That the Board of County Commissioners Indian River County will assist the State Office of Broadband by participating as needed in meeting the obligations of HB 969 including providing information, assistance in mapping efforts, and supporting other such efforts that will lead to enhanced access to affordable, reliable high-speed internet services throughout the State of Florida. 666 RESOLUTION 2020 - Section 3. This Resolution shall become effective immediately upon adoption. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Joseph E. Flescher, Chairman Commissioner Peter D. O'Bryan, Vice Chairman Commissioner Susan Adams Commissioner Joseph Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of December, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY :A ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and Legal sufficiency By: Dylan Reingold Joseph E. Flescher, Chairman 667 13AZ - DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Stephen R. Greer, Captain Fire Rescue Division DATE: November 12, 2020 SUBJECT: Approval of FY 2020/2021 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: The Department of Health, Bureau of Emergency Medical Services (EMS), is authorized by Chapter 401, Part II, Florida Statutes, to distribute county grant funds. The funds are then made available to, eligible county governments to improve and expand their prehospital emergency medical services. The grant program is an innovative process, which enables EMS agencies to enhance EMS systems through the Board of County Commissioners. It should be noted that the conditions of the grant require the County to ensure that the EMS grant funds will not be used to supplant or replace any existing EMS budget allocations and the resolution must include a statement to that effect. The grant conditions also require a separate accounting of the EMS funds from all other funds. Historically, the County Awards Grant has been used to purchase medical related equipment or equipment that will assist in the delivery of the service. ALTERNATIVES AND ANALYSIS: The county grant funds are derived from surcharges on various traffic violations. Funding in the amount of $18,951.00 has been allocated to Indian River County for FY 2020/2021. The grant funds will be utilized as indicated in the grant application for equipment and 668 services to improve and expand the Advanced/Basic Life Support EMS prehospital system. The equipment proposed and justification for purchase in the expenditure plan is as follows: Elezard Head's Un CPR Device The three (3) Elegard Head's Up CPR Device are state of the art Mechanical Device's which will aid us in performing continuous chest compressions as recommended in the 2020 AHA CPR Guidelines. This device will elevate the head and torso to documented levels to have a better chance of obtaining Return of Spontaneous Circulation, (ROSC). FUNDING: No local funds are utilized in the execution of this grant. These grant dollars are from allocated monies through surcharges on certain traffic violations. RECOMMENDATION: Staff recommends approval of the FY 2020/2021 EMS Grant and resolution to purchase the equipment as noted in the attachments. Staff further recommends that the Board of County Commissioners authorize the Chairman to execute the necessary documents to obtain funds from the Department of Health in the amount of $18,951.00 and authorize budget amendments, as required, to receive and expend the grant funds. In order to comply with the requirements of this Grant, staff is also seeking authorization for the establishment of a unique accounting code designator for all County Awards Grant deposits, disbursements, interests accrual and rollover of funds, as they are required to be maintained in a separate fund or account for inspection by the State EMS Monitoring and Compliance Unit. ATTACHMENTS: 1. Copy of Grant Application 2. IRC Grant Form 3.. Resolution 669 Instructions: County Government Application Form 2020-2021 The amount of your new grant is in the "Total" column of the county amount table accessible at the state EMS website link. The first application form page has five numbered items. The first three are self-explanatory. However, note that item 2 on the first application page is where the county's authorized person must provide his/her signature and date. Item 4 describes the content of the "resolution." Please provide this in your county's customary format and approval process. The resolution must be current; or if a previous resolution has continuing authority, include a message from a lead county official stating that the resolution is still in -effect, with a copy of it. Item 5 of the first page of the application form asks for the name of the organization(s) to which you decide to allocate funds from your new county grant. The second page of the application form is the budget page. One of these budget pages is needed for each organization listed in item 5. The budget page for each organization must have on it specific and quantifiable items or services, with the cost for each unit or type of item or service. However, all costs in your budget combined must total to the exact amount of total new funds for your grant You can request budget changes and add unexpended previous funds after the new grant begins. Your budget totals in the application should be added for you if you place your cursor over a subtotal or total field, right click your mouse, then left click "Update Field" on the resulting menu. You should copy this form on your computer to use it. If you place the application in restricted editing mode, you can use your keyboard Tab key to: go from field to field. Request for Grant Fund Distribution Form Request for Grant Fund Distribution Form: this is the last page herein and you must complete the top part of the form. State EMS will complete the bottom part, as indicated on the form. Your address on this form must be an address in the state MyFlorida Marketplace (MFMP) system. A mailing address you place on this form is not usable by state finance if it is not in the MFMP system. Ask a staff member of your organization who does cash transactions with the state for the organization name to use on the top half of the Distribution Form, the corresponding address and its 9 -digit federal tax IDIluus_ its 3 -digit sequence code. Otherwise, no funds can be sent to you until this situation is resolved. If needed, you can contact MFMP customer service at 1-866-352-3776, Monday to Friday, 8 a.m. to 6 p.m., or at the website: MyFloridaMarketPlace(a dms.mAorida.com. 670 n� vinia HEALTH FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Section EMS County Grant Application ID Code The State EMS Program will assign the ID Code — leave this blank 1. County Name: Indian River County Business Address: 1800 27th St Vero Beach, FL 32960 Tele hone: 772 226-3900 Federal Tax ID Number Nine Digit Number): VF 59-60006764 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the county shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Signature: Date: December 1, 2020 Printed Name: Joseph E. Flescher Position Title: Chairman, Board of County Commissioners 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Stephen R. Greer Position Title: Captain Address: 4225 43rd Ave. Vero Beach, FL 32967 Telephone: 772 226-3951 Fax Number: 772 978-1820 Email Address: sgreer@ircgov.com 4. Resolution: Attach a resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures. We cannot process for funds without this resolution. 5. Organization List: Complete a budget page(s) for each organization, which at your option you will provide funds. List the organization(s) below. (Use additional pages if necessary) DH 1684, December 2008 (Rev. July 2018) Rule 64J-1.015, Florida Administrative Code 671 672 BUDGET PAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour;.FICA per hour, other fringe benefits, and the total number;of hours. Amount TOTAL Salaries = $ 0.00 TOTAL FICA & Other Benefits = Total Salaries & Benefits = $ 0.00 B. Expenses: These are travel costs and the usual, ordinary; and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay (see next category). List the item and, if applicable, the quantity. Amount Total Expenses = $ 0.00 C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature with a normal expected life of one (1) year or more. List the item and, if applicable, the quantity Amount Three (3) Elegard Heads Up CPR Devices $18,951.00 Total Vehicles & Equipment = $ 18,951.00 Grand Total = $ 18,951.00 DH 1684, December 2008 2 673 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT UNIT REQUEST. FOR GRANT FUND DISTRIBUTION In accordance with the provisions of section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. DOH Remit Payment To: The county name, address, and corresponding federal ID number must be in the state MyFloridaMarketPlace (MFMP) system. A finance person in your organization who does business with the state must provide these., Name of County: Indian River County Board of County Commissioners Mailing Address: 1800 27th Street Vero Beach, FL 32960 Federal 9 -digit Identification number: VF 59-60006764 3 -digit seq. code 070 Authorized County Official: Signature Joseph E. Flescher, Chairman Type or Print Name and Title Sign and return this page with your application to: Florida Department of Health Emergency Medical Services Unit, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Do not write below this line. For use by State Grant Amount for State to Pay: $ Approved By: Approved By: Signature of State EMS Unit Supervisor Signature of Contract Manager State Fiscal Year: 2020-2021 Date mergency Medical Services Section Grant ID: Code: Date Date Organization Code E.O. OCA Object Code 64-61-70-30-000 05 SF005 751000 Federal Tax ID: VF Grant Beginning Date: Category 059998 Sequence Code: _ _ Grant Ending Date: DH 1767P, December 2008 (rev. June 8, 2018), incorporated by reference in Rule 64J-1.015, Florida Administrative Code 3 674 GRANT NAME: EMS County Awards Grant GRANT # TBD AMOUNT OF GRANT: $ 18,951.00 DEPARTMENT RECEIVING GRANT: Emergency Services -Fire Rescue CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3947 1. How long is the grant for? 1 year Starting Date: TBD Description Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% $ 011.13 5. Grant match amount required $ N/A N/A $ 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A Fourth Year 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or start up costs Fifth Year $ (Attach a detail listing of costs) $N/A Retirement -Contributions 8. Are you adding any additional positions utilizin the grant funds? If yes, please list. (If additional space is needed. please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A Second Year $N/A $ $ 011.13 Other Salaries & Wages PT N/A $ $ $ Fourth Year 012.11 Social Security N/A $ Fifth Year $ $ 012.12 Retirement -Contributions N/A 012.13 Insurance -Life & Health N/A 012.14 Worker's Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A $ N/A $18,951.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: November 17, 2020 675 Grant Amount Other Match Costs Not Covered Match Total First Year $18,951.00 $ N/A $ N/A $18,951.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: November 17, 2020 675 RESOLUTION NO. 2020- A RESOLUTION OF THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS, INDIAN RIVER COUTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES. WHEREAS, The Florida Department of Health, Bureau of Emergency Medical Services announced that applications for funding County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and WHEREAS, an application for grant funds for fiscal year 2020/2021 has been prepared by the County; and NOW, THEREFORE, BE IT RESOLVED BY THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certifying that monies from the EMS Grant Program For Counties will improve and expand the County's pre -hospital EMS system and that the funds will not be used to supplant existing County EMS budget allocations. The foregoing Resolution was offered by Commissioner , Who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Joseph Earman Commissioner Laura Moss Commissioner Susan Adams The Chairman thereupon declared the resolution duly passed and adopted this first day of December 2020. EMERGENCY SEVICES DISTRICT BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman ATTEST:. Jeffrey R. Smith, Clerk of Court and.Comptroller Approved as to form and legal sufficiency: By William K. DeBraal Deputy County Attorney 676 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 18, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Waste Management Franchise Agreement Renewal Option Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) is responsible for providing for the collection, transportation, and disposal services for regulated solid waste in unincorporated Indian River County as well as recycling services throughout Indian River County. Per authority granted by the State of Florida Legislature, Indian River County has granted hauling franchises as far back as 1961 starting with Rural Sanitation, which through various changes.and acquisitions became Republic Services of Florida, LP, doing business as Treasure Coast Refuse, which provided hauling services until September 30, 2015, to our southern franchise area. Similarly, another franchise was initiated as far back as 1975 to Indian River Sanitation which later was assigned to Waste Management, Inc., of Florida (WMIF), which provided hauling services until September 30, 2015, to the northern franchise area. These historical franchises were not issued through a procurment process. On April 8, 2014, the SWDD Board approved a work order to Kessler Consulting, Inc. (KCI) to prepare a Solid Waste & Recyclables Collection Services Request for Proposal (RFP), which was approved to be issued on December 16, 2014. The RFP was published on January 6, 2015. This was a historical first for Indian River County, and it was complex in terms of the various decisions that it afforded SWDD to evaluate and select. Here is a list of the key changes: 1) An option to issue,two separate franchise areas or a single franchise area; 2) An option to maintain subscription services or go to universal or mandatory collection service; 3) An option to maintain twice a week garbage collection or go to once a week garbage collection; 4) An option for residents to use their own garbage cans or for the hauler to provide a standardized cart with three available sizes; 5) An option to maintain the existing dual stream recycling program using 18 -gallon blue bins or to switch to single stream recycling and for the hauler to provide a standardized cart with three available sizes; and finally 6) The term was set to an intial term of seven (7) years with an optional three (3) year renewal term. On February 20, 2015, bids were opened and proposals were received from four (4) qualified waste haulers. On April 21, 2015, after several pubilc hearings and evaluation by the selection committee, the SWDD Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection with WMIF (the "Franchise Agreement"). On October 1, 2015 ("Commencement Date"), WMIF started 677 providing contractual services detailed below. The First Amendment to the Franchise Agreement, which related to the annual Consumer Price Index (CPI) adjustment process with an annual cap of 3%, was approved by SWDD on October 4, 2016. The initial term of the Franchise Agreement is for a period of seven (7) years beginning on the Commencement Date and terminating on September 30, 2022. At the sole option of SWDD, the Franchise Agreement may be renewed for one (1) additional term of three (3) years under the same terms and conditions as the initial term, including amendments. SWDD has to notify WMIF by September 30, 2021, of the intent to renew or not renew the Franchise Agreement. The Franchise Agreement grants WMIF exclusive collection service for residential and commercial solid waste collection within unincorporated IRC, the exclusive collection of residential recyclables within the recycling franchise area (which includes unincorporated IRC, City of Sebastian, City of Fellsmere, City of Vero Beach and the Town of Orchid), and an exclusive collection of Construction and Demolition (C&D) debris in containers fifteen cubic yards and greater (>_15 CY) in size within unincorporated IRC. In essence, the Franchise Agreement stipulates the services and the rates to our residential and commercial customers. For example, the single family subscription rate at the start of the Franchise Agreement was $9.68 per month and is currently at $10.14 per month (a 4.75% increase over 5 years) and is paid directly by subscription customers to WMIF on a quarterly basis ($30.42 per quarter or $121.68 per year). This includes the once -a -week garbage collection in either a 35 -gallon, 64 -gallon or 96 -gallon cart using compressed natural gas (CNG) vehicles. The subscription service also includes once -a -week yard waste collection and bulk waste pick-up on an as -needed basis. A complete summary of all of the rates including the annual increases are provided in Exhibit A. In addition to the exclusive collection of C&D in >_15 CY containers, the Franchise Agreement grants WMIF the non-exclusive collection of C&D in contaniers less than fifteen cubic yards (<15 CY) in size within unincorporated IRC. WMIF is also able to provide recycling services to commercial properties, but this is considered an open market service by the State of Florida, and as such, it is not exclusive to WMIF. Our Franchise Agreement limits the rate charged by WMIF to be less than the rate charged for servicing a solid waste container of equal size and frequency. For example, if the cost to service a 4 CY container once a week for garbage at a commercial business is $85.80 per month, then the cost to service the same size and frequency for a recycling container has to be less than $85.80. The Franchise Agreement includes Article 6.6, which is a provision for universal residential collection service (or mandatory collection). SWDD reserved the right to implement mandatory collection within the Urban Service Area (USA) of the Solid Waste Franchise Area at any time duringthe term of the Franchise Agreement. There was an initial incentive to implement mandatory collection within the first three (3) years where the annual adjustment was set to 75% change in the CPI. After September 30, 2018, the adjustment to the mandatory collection rate was based on the 100% change in the CPI. Accordingly, on July 17, 2019, the SWDD Board discussed and voted to include the costs for six (6) months of mandatory garbage collection (starting April 1, 2020) within unincorporated IRC areas on the preliminary Truth in Millage Rate (TRIM) notices issued by the IRC Property Appraiser. Although WMIF agreed to universal residential collection rate for mandatory collection within the urban service area of $8.19 per residential unit, which was a 19% decrease to the current subscription customers, they also clarified that the rate outside the urban service area would be $14.54 per residential unit, which was 43% higher than the current rate of $10.14 per month. They did offer to keep this rate to the agreed subscription rate; however, they requested the following contractual changes that neither staff nor the SWDD Board supported: 678 • Waiver of Administrative Charges related to cart deployment, re-routing, and understanding the contract is still complex to the residents with having mandatory and non -mandatory services, the specific performance standard violations include: . o Failure to resolve missed pickups or complaints with the specified time frame o Failure to repair, replace, or deliver a container or roll cart within three (3) days of notification • Vehicle and Collection Equipment General Requirements, such as frontline vehicle maximum age, as we explore truck inventory availability • Redefine ancillary services such as overflowing commercial containers • Radio Frequency Identification (RFID) requirement/asset management review of what is currently being reviewed by the County, and in what manner and benefit • Article 2.3 Renewal Option changed from sole option of SWDD to mutually agreed by SWDD and Franchisee WMIF publicly stated that they supported staff's recommendation to have the Franchise Agreement expire after the initial term of seven years. As a result, on August 13, 2019, the SWDD Board approved staff recommendation to refrain from implementing mandatory collection until October 1, 2022, which is the termination of the initial term of the Franchise Agreement. Although we are 22 months away from the initial termination period, and we are 10 months away from the contractual requirement to notify WMIF of our intent to renew or not renew, staff believes it is imperative that we discuss these options and receive direction from the SWDD Board at this time in order to allow sufficient time to go through a procurment process and award a new franchise agreement with rates for mandatory collection, if that is the direction of the SWDD Board. Time is of the essence in terms of getting mandatory collection rates approved by the SWDD Board at the first preliminary budget hearing in July 2021 so that three (3) months of mandatory collection are included on the TRIM notices for the tax bills that are issued for January 1, 2022, to December 31, 2022. Therefore, the purpose of this agenda item is to obtain SWDD Board direction on either to renew:or not renew the WMIF Franchise Agreement. Analysis: The option to renew the Franchise Agreement for an additional three (3) years is consistent with County Ordinance Section 204.13 — "Terms and conditions of franchises", which sets the limit to a total of ten (10) years. This renewal option also allows our residents that subscribe for curbside collection to maintain one of the lowest rates for this type of service within our county and surrounding counties. As further discussed below, a review of recent bids for these types of services has shown a dramatic increase in rates submitted by waste haulers. One of the primary reasons that the SWDD Board should consider mandatory collection is due to the identification that there are residents who are using their residential recycling carts for garbage service. Based on field audits, complaints from neighbors, and from verification by the county code enforcement division, there are cases of residents that do not subscribe for garbage service and instead use.their recycling cart for their garbage. If just a few carts contain garbage, this comingling has the potential to contaminate the entire collection route. In the past, this has led our recycling processor to reject our recyclable materials. Going to mandatory garbage collection would not eliminate recycling contamination, but it certainly would provide 679 the necessary framework for the residents to not use the recycling carts for garbage service. Please note that our current processor, St. Lucie County, has not rejected any of our recycling materials. Another reason to consider mandatory collection is to potentially reduce litter and illegal dumping and create an overall improvement to the proper collection and disposal of waste within the urban service area of unincorporated Indian River County. A procurement process would also allow us to explore other options such as services for carted yard waste and bulk yard waste pick-up using a claw truck, which is currently not available in our community. Bulk garbage pick-up at multi -family apartments and condominiums is also not currently available. Although not recommended, a request for rates to go back to twice -a -week garbage collection could also be obtained. A provision to require a local customer service call center and a local education coordinator could also be obtained. A provision to provide a la carte residential food waste collection, cleaning of residential carts, collection of household waste and a -waste could also be obtained, if the services are warranted. The inherent risk in going out to bid is that prices could go up for our residential, commercial and industrial customers. Staff is concerned that by pursuing a new franchise agreement, the rates will escalate based on industry trends and current rates both within and outside Indian River County. Currently, unincorporated IRC residents and City of Fellsmere subscription customers have the lowest rate in the area for once -a -week subscription garbage collection rate of $10.14 per month. The following table compares in -county and outside of county rates. In -County Rate Comparison Location Rate Description Unincorporated County $10.14 1x week garbage, subscription collection City of Fellsmere $10.14 1x week garbage, subscription collection City of Sebastian $12.17 2x/week garbage, subscription collection City of Vero $15.35 2x/week garbage, mandatory collection Town of Orchid $18.74 2x/week garbage, mandatory collection Town of Indian River Shores 1 $18.93 2x/week garbage, mandatory collection Out of County Rate Comparison: Includes Monthly recycling rates Example: For Indian River County = $10.14/mo. garbage + $2.67/mo. recycling = $12.81 Location Rate Description Indian River County -unincorporated $12.81 1x week garbage, subscription + recycling St. Lucie County $14.10 2x week garbage, mandatory collection Brevard County $16.19 2x/week garbage, mandatory collection Martin County $16.64 2x/week garbage, mandatory collection City of Palm Bay $23.50 2x/week garbage, mandatory collection Sarasota County $15.55 1x/week garbage, mandatory collection Charlotte County $18.91 1x/week garbage, mandatory collection As described at the onset of this agenda item, SWDD performed a thorough procurement process that was new for our staff and our residents due to the complextity of changes. Although there was a challenging transition in 2015; WMIF has provided and continues to provide a cost effective collection service for our residents. The local management team has taken a proactive approach to addressing issues as they arise, and the overall communication has improved dramatically. This collaboration has improved 680 our public events and recycling pick-up at public parks and beaches. WMIF staff has been responsive, both with customers and in the field, providing continuinty of service through Covid-19 and during pre/post emergency response during storms and hurricanes. It is staffs opinion from a financial, logistical, and operational perspective, that an extension to the franchise agreement forthe full allowed 10 years would be in the best interest of Indian River County. SWDD Board could direct staff to open negotiations with WMIF to see if they are open to providing mandatory collection services as part of the existing franchise agreement. Please note, maintaining the current franchise agreement through September 30, 2025, also aligns with the current recycling processing agreement with St. Lucie County. As mentioned above, time is of the essence if the SWDD Board would like to institute mandatory garbage collection starting October 1, 2022, as staff needs to start the procurement process by January 2021 in order to get results to the SWDD Board for approval at the preliminary budget hearing in July 2021. This in turn would allow for staff and the Property Appraiser to start working on the TRIM notices that would go out in August 2021 with thefinal tax bill issued in November 2021. This would be for the January 2022 through December 2022 assessment fees, which would potentially include three months of collection fees for October 2022, November 2022, and December 2022. A similar process would occur starting July 2022 that would include a full 12 months of collection services for the 2023 calendar year. In summary, here are the options for Board consideration: 1. Direct staff to attempt to negotiate with WMIF to see if we can come to a resolution on the rates for mandatory collection within the urban service area and a subscription rate for outside the urban service area. 2. Keep things as they are and direct staff to inform WMIF of our intent to renew the franchise agreement through September 30, 2025 3. If the SWDD Board would like to explore mandatory collection prior to 2025, then direct staff to inform WMIF of our intent to not renew the franchise agreement. Funding: This is an update to the SWDD Board and does not require any funding approval at this time. Recommendation: Staff is requestingthat the Board consider option 2: Direct staff to maintain current services and authorize staff to notify Waste Management, Inc., of Florida, of our intent to renew the Franchise Agreement for an additional three (3) years from October 1, 2022 to September 30, 2025. Attachments: 1. Exhibit A —Summary of Collection Rates by WMIF 681 Residential Unit FY2015/16 Rate FY2016/17 Rate FY2017/18 Rate FY2018/19 Rate FY2019/20 Rate, FYZO/21 Rate CPI Adjustment N/A N/A 1.51% 1.88% 1.31% N/A Single Family Subscription $9.68 $9.68 $9.83 $10.01 $10.14 $10.14 Single Family Universal/mo. * $7.73 $7.73 $7.85 $8.05 $8.19 $8.19 Billed Cubic Yard $4.73 $4.73 $4.80 $4.89 $4.95 $4.95 Billed Cart Service $9.46 $9.46 $9.60 $9.78 $9.91 $9.91 Container Maintenance Fee $100.00 $100.00 $101.51 $103.42 $104.77 $104.77 1S Yard Open Top Per Pull * $155.00 $155.00 $157.34 $160.30 $162.40 $162.40 20 Yard Open Top Per Pull * $170.00 $170.00 $172.57 $175.81 $178.11 $178.11 30 Yard Open Top Per Pull * $205.00 $205.00 $208.10 $212.01 $214.79 $214.79 40 Yard Open Top Per Pull * $235.00 $235.00 $238.55 $243.03 $246.21 $246.21 Compactor - 20 cubic yards * $245.00 $245.00 $248.71 $253.38 $256.70 $256.70 Compactor- 30 cubic yards * $245.00 $245.00 $248.71 $253.38 $256.70 $256.70 Compactor -40 cubic yards $245.00 $245.00 $248.71 1 $253.38 $256.70 $256.70 Single Family Recycling/mo. $2.55 $2.55 $2.59 $2.64 $2.67 $2.67 Multi -Family Recycling/mo. $2.04 $2.04 $2.07 $2.11 $2.14 $2.14 Commercial Compactor $14.19 $14.19 $14.40 $14.67 $14.86 $14.86 Exchange Solid Waste Cart $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 Additional Solid Waste Cart $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 Reinstate Service Charge $25.00 $25.00 $25.00 1 $25.00 $25.00 1 $25.00 * Per the Agreement, after October 1, 2018, the rates for Universal Collection listed are calculated at 100% of the change in CPI. 682 IS62 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 23, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste. Disposal District Subject: Generation Study and Rate Analysis by Kessler Consulting, Inc. Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is operated as an enterprise fund with the two primary sources of revenue being the Solid Waste Disposal Rates (tipping fees) charged at the Indian River County (IRC) Landfill and the fees collected through the non -ad valorem special assessment for improved residential and commercial properties throughout Indian River County. These fee structures were originally established through a rate resolution for the tipping fees and an ordinance forthe assessment fees. These rates were established in 1995 through a waste composition study. There have been some minor clarifications and adjustments throughout the years; however, the overall structure remains the same. Due to the continued need to increase the annual non -ad valorem special assessment to keep up with the increased operational costs, staff is needing to re-examine our tipping fees and the overall assessment program in an effort to reevaluate and modernize the financial strength of SWDD. On July 7, 2020, staff presented a summary of the tipping fee rate survey performed by Kessler Consulting, Inc. (KCI) and the SWDD Board approved staff recommendation to bring back a proposal for a full solid waste rate analysis. Staff has received the attached proposal from KCI to perform Phase I of the project to review and analyze existing data and to select field based methodologies for measuring waste generation. A future Phase II project would provide on-site and analytical testing services to complete the rate study. Analysis: KCI has prepared the proposal detailing the scope of work, budget, and schedule for each of the tasks. The tasks are listed below showing the estimated fees based on a time and materials (T&M) basis. TASK DESCRIPTION AMOUNT Task 1 Review Existing Information $24,950 —T&M Task 2 Selection of Field Methodologies TOTAL = $24,950 683 Time is of the essence in performing this baseline work and to establish the framework for the actual fieldwork. The goal is to complete Phase I by late January 2021 and to proceed with Phase II in February 2021. The final rate study is anticipated for SWDD Board review in April 2021, which will provide direction to staff on the Fiscal Year 2021/22 budgetary process. Due to KCI's intimate knowledge of SWDD's operations and having done many professional rate studies, staff recommends that the SWDD Board waive the requirement for bids and approve the attached proposal from KCI to begin Phase I of the rate study to not exceed $24,950. In addition, staff recommends directing the Purchasing Manager to approve issuing a purchase order for Phase 1 and for Phase 2 with the total costs not exceeding $150,000. Funding: Funding for the SWDD Solid Waste Rate Survey is budgeted and available in the Other Professional Services account in the SWDD Landfill Fund (411217-033190), which is funded from SWDD assessments and user fees. Description =Account Number Amount Other Professional Services 1 41121734-033190 $150,000 Recommendation: Solid Waste Disposal District staff recommends that the Board waive.the requirement for bids and authorize the Purchasing Manager to issue a purchase order to Kessler Consulting, Inc. for Phase 1 to not exceed $24,950 and to issue a purchase order for Phase 2 to not exceed a combined total of $150,000 to perform a solid waste rate study. Attachments: 1. Solid Waste Generation and Rate Analysis proposal from Kessler Consulting, Inc. 684 ccc;__ kessler consulting inc. innovative waste solutions November 23, 2020 ' via electronic delivery Himanshu Mehta SWDD Director Indian River County 132574 th Avenue, SW Vero Beach, FL 32968 Re: Proposed Scope of Work to Prepare a, Methodology to Conduct a Field -Based Solid Waste Generation and Assessment Rate Study KCI Project No.: 99-90.00 Dear Mr. Mehta: As requested, Kessler Consulting, Inc. (KCI) is pleased to provide this proposed scope of work to assist Indian River County (County) Solid Waste Disposal District (SWDD) review existing waste assessment and franchise collection data, identify and select technologies to measure waste generation, and prepare a specific methodology to conduct a field-based waste generation study of residential and non-residential properties. ' Background Residences and businesses within the County are charged annual solid waste assessments as part of their non -ad valorem (NAV) taxes. SWDD calculates these assessments on the basis of a Waste Generation Unit (WGU), which is defined as a basic unit of waste generation equivalent to 1 ton per year. County Resolution No. 95-01 established WGUs by property use code classifications. Single- family residential properties (Code 1) and mobile homes (Code 2) are assigned 1.60 WGU/unit. Multi -family residential units (Codes 3 and 8) and residential condominium units (Code 4) are assigned 1.20 WGU/unit. Commercial properties are assigned WGUs based on approximately 60 different use codes, square footage of the structure, and, in some cases, other distinctions made within a use code. For example, restaurants or cafeterias are assigned 0.70 WGU/100 square feet. Annually, SWDD determines the rate to be assessed per WGU. This is calculated based on the estimated assessment revenue required each year (budgeted expenses less budgeted non - assessment revenues). In Fiscal Year (FY) 2019/20, the residential charge was $75.56/WGU for an assessment of $120.90 for single-family units and $90.67 for multi -family units. The commercial charge was $42.00/WGU. The commercial assessment is calculated by multiplying this charge by the WGU assigned to a business' use code and its square footage. The annual solid waste assessment is included in the Property Appraiser's annual NAV notice. Commercial properties may qualify for recycling credit based on the tons of material recycled in the prior year. Property owners have the right to contest the solid waste assessment. To obtain relief, a 14620 N. Nebraska Ave., Bldg. D, Tampa, FL 33613 1 Tel: 813.971.8333 1 Fax: 813.971.8582 1 www.kesconsult.com 685 Indian River County/PM/LetterScope_Generation and Assessment Study_Phase 1_112320.docx Indian River County Generation Study and Rate Analysis 1 11/23/2020 1 Page 2 of 5 property owner must show that their property does not receive benefits at least equal to the disposal charge. The objectives of this project are to review the assessment system and provide recommendations for continuing or altering the system, to conduct a generation study to develop updated data for calculating future solid waste assessments, and to assist SWDD in calculating the FY 2021/22 solid waste assessments. Scope of Work Described below are the proposed tasks and activities KCI anticipates conducting. These tasks are based on our current understanding of the County's needs and objectives. Task 1: Data Review and Analysis The purpose of this task is to review and analyze existing SWDD data and review and select field- based methodologies for measuring waste generation. Anticipated activities for this task are outlined below. Participate in a project kick-off call for confirm project objectives, work activities and schedule and to discuss existing SWDD, Property Appraiser, and Waste Management (franchise collector) data. • Submit information requests to and participate in follow-up discussions with the relevant parties regarding the following: o SWDD: Detailed calculations of solid waste assessments and monthly scale transactions reports by waste generator type and waste type for the preceding three fiscal years. o Property Appraiser: List of non-residential NAV billing accounts that includes customer name, physical address, billing address, property identification number, parcel size, building size, heated square footage, and other information as appropriate for the preceding three fiscal years. o Waste Management: List of current franchise residential and commercial customers including customer name, physical address, billing address, and level of collection service (container type, size, and ,collection frequency) for commercial customers. • Work to cross reference Property Appraiser and Waste Management commercial generator lists and identify the cohort for which Property Use Codes can be matched to a specific level of collection service. • Review the current list of Property Use Codes and identify potential options for consolidating and reducing the number of categories. • Review, assess and select technologies for measuring commercial waste generation, i.e., truck -based container weighing, container -based volume monitoring, truck -based container content monitoring, etc. Note: KCI assumes that residential generation rates will be measured by at -source field crews weighing individual set -outs prior to collection for a representative sample of customers. • Communicate with Waste Management to verify the level of collection operations data .currently being obtained, e.g., container RFID, service verification, and container content kessler consulting inc. 686 innovative waste solutions IndianRiverCounty/PM/LetterScope_Generation and Assessment Study_Phase 1_112320.docx I Indian River County Generation Study and Rate Analysis 1 11/23/2020 1 Page 3 of 5 monitoring. Discuss potential technology options for additional service monitoring activities to support a generation study and possible frameworks for cooperation. • Based on the preceding research and analysis, identify the advantages and disadvantages of up to three potential methodologies for conducting field-based measurement of generation rates, and recommend a methodology for implementation. • Participate in a conference call with County staff to discuss the various assessment and waste generation study options and the necessary data, fieldwork, and/or collection service provider cooperation needed to conduct each study. Deliverables: • Kick-off conference call • Brief technical memorandum regarding potential methodologies and their advantages and disadvantages Conference call to discussion potential methodologies and recommendation Task 2: Prepare Phase 2 Methodology for Conducting Generation Study Task 2 will depend on the generation study option selected by the County in Task 1. While the work plan for a field-based study would be refined based on results of Task 1, KCI initially envisions it involving the following major work activities: • Select representative sample groups of residential and commercial customers to be monitored to determine waste generation (sampling would be limited to customers serviced by Waste Management in the unincorporated franchise area). • Field verify commercial sample customers and current waste services, i.e., container location(s) and container size(s) associated with each sample customer. For budgetary purposes, a sample group of 120 commercial customers is assumed. • Confirm sample customer's collection schedule with Waste Management. • Discuss implementation issues and schedule with County staff as it relates to the desire to establish new assessments for FY 202.1/22, for example, need for multi -season study, length of monitoring period(s), and the impact of the pandemic on waste generation patterns and baseline conditions for conducting the study. • Provide a draft methodology, schedule, and budget for conducting the generation study that addresses planning, technology acquisition/licensing, technology deployment, hardware and software requirements, data collection procedures, field monitoring requirements, data analysis, and calculation of waste generation unit allocations to each Property Use Code. • : Participate in a conference call with County staff to review the draft methodology. • Provide a final methodology and scope for Phase 2 to provide on-site and analytical services to complete the assessment study. kessler consulting inc. 687 innovative waste solutions India nRiverCounty/PM/letterScope_Generation and Assessment Study_Phase 1_112320,docx Indian River County Generation Study and Rate Analysis 1 11/23/2020 1 Page 4 of 5 Anticipated Deliverable: • Draft and final Generation Study Report detailing the methodology and findings, including proposed waste generation factors Estimated Budeet and Timeline Because of the potential variability in the level of effort required for each phase of this project, KCI proposes to conduct this Scope of Work on a time -and -materials basis for an amount not to exceed $24,950. Any funds remaining from this work at the end of Task 2 will be available for funding a portion of Phase 2 of the project. KCI will charge rates of service based upon our contract with the City of Oakland Park - R-2019-070. KCI anticipates that the draft methodology will be submitted within 60 days of receipt of the information requested in Task 1. If you have any questions regarding this proposed scope of work, please do not hesitate to contact me or Chas Jordan. We appreciate the opportunity to provide this proposal and look forward to the opportunity to assist the County with this important project. Sincerely, Kessler Consulting, Inc. Az� Mitch Kessler President kessler consulting inc. C88 innovative waste solutions IndianRiverCounty/PM/letterScope_Generation and Assessment Study_Phase 1_112320.docx Indian River County Generation Study and Rate Analysis 1 11/23/2020 1 Page 5 of 5 Schedule of Hourly Rates per City of Oakland Park Contract No. R-2019-70 Staff Titles Hourly Rate Principal $210 Project Director $175 Project Manager $160 Senior Consultant II $145 Senior Consultant I $140 -- --_ - - --- _$105 _ Consultant II Consultant 1 $95 i Research Analyst II !� ^� $85 Research Analyst 1 $75 Administrative Support $65 kessler consulting inc. 689 innovative waste solutions India nRiverCounty/PM/l.etterScope_Generation and Assessment Study_Phase 1_112320.docx _ < m cn 3(D ID p IDr Ln vo =: _ aj m = rn Ift' C v v _ o ° CL p �o o o --'' > m r Q C'1 - -� a un p om ...� C o < PQ o ° S� V) v ' n-1 -< qol. leo N N N N IOU, N W A to DN1 V ONO w O N N W Ou W DD 00 00 00 00 W 00 W 00 00 `90 NN N N N N 79� t~D A �J w LDA to 1 9 99 091 N 1 199 � � N tn V w 0 Q Qi• O O V N c0 fl.9 00 A N Q r1 o� DOS m O ADO � N In D - os W m o o0- —o, l0 X C �' o� o c� S OT r co 1� co 1� 1p 0 �o ao 1- 110.1-11 P1O /� P1 lV /=3 (1)Vq CL < p ^:• C l J C+ V I :3 0 O ::3 1 p CL V O � V O 0 a lV LnLn (D �• 3 •D rf rt ^ m l I on O con< N NN N N N N 79� t~D A tND A LDA to 1 9 99 091 N 199 � � N tn V w 0 i 99 -10 0010 �n Qi• O O V N A N In W l0 /� P1 lV /=3 (1)Vq CL < p ^:• C l J C+ V I :3 0 O ::3 1 p CL V O � V O 0 a lV LnLn (D �• 3 •D rf rt ^ m l I on O con< N NN N N N N 79� t~D A tND A LDA to 1 9 99 091 N 199 � � ,7 x`99 99 i 199 9`r 199 tn V w 0 i 99 -10 0010 �n Qi• /� P1 lV /=3 (1)Vq CL < p ^:• C l J C+ V I :3 0 O ::3 1 p CL V O � V O 0 a lV LnLn (D �• 3 •D rf rt ^ m l I on O con< Ln w N n ;)v O m con 3 3 rD CD � — I I � w Oo 00 0 O O -h -h D D N � N 3 3 T N N (D (D N � � N N• O (D 0)=3n' N • n CL (D < r N to (D (D — Q - (D = Q(D (D O CD o- Wo cu 3 o r) (DC — O O o ° 3 O NN CD rD CD O_ l0 O � r -r O = O r+N G • r+ (CD 5 G a,q (D X N r+ O n O N n �. 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