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Home My WebLink About12/13/2022 (2)0iw t' COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Susan Adams, District 1, Vice Chairman Joseph Flescher, District 2 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 13, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Gregory Sempsrott, Vero Bible Fellowship 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation by Marc Seagrave of Florida City Gas re: Status of Beachside Project 5.B. Presentation from Florida Power & Light Company re: Storm Secure Underground Program Overview 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 20, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 13, 2022 Page 1 of 7 7.A. Closure and Collection Service Changes for the Christmas and New Year's Day Holidays Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 4, 2022 to November 10, 2022 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments November 11, 2022 to November 17, 2022 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments November 18, 2022 to November 24, 2022 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments November 25, 2022 to December 1, 2022 Attachments: Finance Department Staff Report 8.E. Quarterly OPEB Trust Report for the Quarter Ending 09/30/22 Attachments: Investment Committee OPEB Report 8.F. Quarterly Investment Report for the Quarter Ending 09/30/22 Attachments: Investment Committee Report 8.G. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 09/30/22 Attachments: Finance Department Staff Report 8.H. Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/22 Attachments: Finance Department Staff Report 8.I. Internal Audit Division Annual Report Attachments: 2022 Internal Audit Report 8.J. Fourth Modification of the Agreement with the Environmental Learning Center for the Replacement of the Main Dock Attachments: Staff Report Fourth Modification to Lease ELC 2022 Draft resolution 8.K. Ansin Riverfront Conservation Area Proposed FPL Easement Attachments: Staff Report Underground Easement Exhibit A - Sketch and Description December 13, 2022 Page 2 of 7 8.L. Award of Bid 2023014 for County Beach Parks Post Hurricane Emergency Dune Repairs Attachments: Staff Report Sample Agreement 8.M. American Rescue Plan Act of 2021 - Low Income Housing Tax Credit (LIHTC) award recommendation. Attachments: Staff Report Grant Application Package 8.N. Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 55, 66th Avenue Phase R Roadway Improvements - Utility -Related Work Attachments: Staff Report Invoice No 22901249 8.0. Memorandum of Understanding with Bridge MP Partners, LLC for Former Bristol Bay Site Attachments: Staff Report Memorandum of Understanding 8.P. Utility Work By Highway Contractor Agreement (at FDOT Expense) with FDOT for the Extension and Relocation Services of Utility Main Lines for the Interchange at I-95 and Oslo Road Attachments: Staff Report Contractor Agreement 8.Q. Utility Work By Highway Contractor Agreement with FDOT for the Relocation Services of Utility Main Lines for the Oslo Road Widening from SW 82nd Avenue to 58th Avenue Attachments: Staff Report Contractor Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie Swan re: request for revenue received from conducting the November 8, 2022 municipal elections be rolled into the Supervisor of Elections 2022/2023 budget. Attachments: Reimbursement of City Revenues 10. PUBLIC ITEMS A. PUBLIC HEARINGS December 13, 2022 Page 3 of 7 10.A.1 County Initiated Request to Amend the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period of FY 2022/23-2027/27 (Legislative) Attachments: Staff Report Comprehensive Plan Text Amendment Adoption Ordinance Draft 2022 Capital Improvement Element Strikethough and Underline Version of CIE 5 -Year Schedule of Capital Improvements Appendix B -D 10.A.2 Request from East Coast Ambulance, LLC., for a Class "B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County and Class "C" Non -Emergency Inter -Facility Transports Requiring a Physician's Order - ADMINISTRATIVE Attachments: Staff Report Application East Coast Ambulance, LLC 10.A.3 Biosolids Moratorium Extension Ordinance - LEGISLATIVE Attachments: Staff Report Ordinance Extension 10.A.4 Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area - LEGISLATIVE Attachments: Staff Report Resolution Oslo Park MSBU B. PUBLIC DISCUSSION ITEMS 10.B.1 Request to Speak from Small Business Administration --Office of Disaster Assistance re: Informational Update on Available SBA Disaster Assistance Resources --Economic Injury Attachments: Public Discussion Request SBA Disaster Assistance 10.B.2 Request to Speak from Mr. Douglas DeMuth re: City of Vero Beach New Wastewater Plant Project Attachments: Public Discussion Request D. DeMuth 10.11.3 Request to Speak from Bill Rigby re: Community Development District Attachments: Public Discussion Request B. Rigby 12.13.22 C. PUBLIC NOTICE ITEMS December 13, 2022 Page 4 of 7 10.C.1 Public Notice of Public Hearing for December 20, 2022, to Consider an Ordinance Prohibiting Certain Smoking Activities at County Owned Parks Attachments: Staff Report 10.C.2 Public Notice of Public Hearing for December 20, 2022, to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Four County Joint Board Meeting Attachments: Staff Report - Four County Meeting Resolution 11.B. Lobbyist for 2023 Legislative Session Attachments: Staff Report Anfield Contract 2023 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 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Authorization to proceed with foreclosure on Code enforcement cases: 2022020001 SLP Tractor Services Attachments: Staff Report Recorded Order Imposing Fine 30 S. Oleander Street Deed 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 14.A.1 Use of Commission Chambers by COVB City Council Attachments: Commissioner's Memorandum December 13, 2022 Page 5 of 7 B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1 Approval of FY 2022/2023 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution Attachments: Staff Report 2022-2023 County Allocations Grant Application Gaumard Quote Resolution B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.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. December 13, 2022 Page 6 of 7 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 5:00 p.m. December 13, 2022 Page 7 of 7 FCG Beachside Expansion Project Marc Seagrave, Senior Director Strategy & Business Development M a rc.seau rave(aFPL.com 786-447-8680 Forrest Smalley, Business Development Manager Forrest.s mal l ey(rDN EE. com 786-459-3655 Tim Knutson, Senior Customer Advisor Beachside Project Manager Timothy. Knutson (cDNEE.com 772-233-2533 12.13.22 Florida City Gas plans to extend its reliable and efficient natural gas service to Indian River County's barrier island General Project Description • FCG contracted with an intrastate pipeline company, Peninsula Pipeline (PPC), to build an 11.5- mile intrastate pipeline extension to the barrier island in Indian River County. • The extension will consist of building a new pipeline from the existing PPC intrastate line supplying FCG in northern Indian River County and will cross the intracoastal waterway near the Wabasso Bridge and then extend south in the right-of-way alongside A1A from CR 510 to the Beachland Blvd area (commercial district) in Vero Beach. • The PPC extension has received all state and local permits and is scheduled to be complete, to include the underwater crossing, by March of 2023 • The four receipt points to serve the barrier island and are as follows: — Town of Orchid area - to include Windsor, Orchid Island Golf and Beach, Seaglass, Sea Oaks, Disney Resort and Grand Harbor Beach Club. — The Strand area — To include The Island Club, the Carlton, and northern Indian River Shores communities. — Indian River Shores area - To include the John's Island Community, the golf clubhouse, beach club to include the beachside pool, and beachside condo associations. — Beachside commercial district of Vero Beach - Within the commercial, pp%rigt ' there are numerous restaurants, hotels, condominiums, residential homes,am" resorts to serve. 5•A I a-- 13 -aaa� 5 A 1 5. A. Before and After Gas Line Installation Indian River County Before and After Gas Line Installation Coral Gables Typical Community Natural Gas Regulator Station Sebastian River Middle School 9400 Fellsmere Rd (CR 512) F€nr.�;3 fiiYp C J:x Local Area Regulator Station Intersection of 19th St. and 43rd Ave Vero Beach J.A. Natural Gas is a Clean Low -Carbon Energy Source Natural Gas Compared to Other Energy Sources Natural Gas H H--C—H I H Propane ateW CH4 Environmental & Safety Safety Aspects Natural gas is non-toxic — millions cook with gas every day • Natural gas is lighter than air, therefore, if there is a leak, the gas rises up and away from potential sources of ignition • Natural gas has a very narrow flammability range. In order to ignite, natural 9,as to air mixture must be not less than 5% and not greater than 15 /o, otherwise the atmosphere is too lean or too rich to burn. • The natural gas industry is highly regulated not only from a cost perspective but also from annual inspections and reporting requirements from state and federal agencies such as the Florida Public Service Commission and the Federal Energy Regulatory Commission. • Natural gas lines are clearly marked with pipeline markers and in the case of underwater crossings, signage indicating buried pipelines are posted. • All natural gas lines are located by the utility when digging in the vicinity of the lines will occur. In areas of high consequence and high-pressure, the utility will have a damage prevention specialist on -hand to ensure the location of the gas lines are not in conflict with the work underway. 10 Beachside Expansion Project QUESTIONS Thank you! 1�IIMIIIk FPL y fi '25 24 Storm Secure Underground Program .. ....... .... , — A prog ,m overy ew.for Indian River County 0011111 SS1011efs FPL is building the strongest, smartest energy grid in the U.S. r�. ekiuric utiilv In talc United Stalc - ',- c Cl LfIlu k; 99 IL 'AL How we select neighborhoods for undergrOUnding Approved by the Florida Pubfic Service C-on)missmn C)If 4 NY CK Before and after a Storm Secure Underground Program project i BEF6 i 44:1 E F -i Customer outreach is key throughout an SSUP project Hove to identify a customer outreach specialist FPL-issuc,i h:�sir SSUP SPO; Jfic attire Shirt ;. Hat Vest ipad Electrical facilities commonly installed in underground projects Ab �.. Pad-Mounier; P "eter r u,,e wdapter Tran fornne E� 2=0 P Directional boring minimizes disruption to properties ti F 19.5 overhead miles 450 customers � 4f FINEjai. ,. � �-a _ amu. <¢ � ,M,� , � , . � - �•`�`_ �° _ _ � 4f FINEjai. Informational Item 1. A, Ce e (AL -r -d - C.e(aL-r-d (2/i 42 2 - Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 28, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Jill H. Brown, Recycling Specialist, SWDD Subject: Closure and Collection Service Changes for the Christmas and New Year's Day Holidays In observance of the Christmas and New Year's Day Holidays, the Main County Landfill and the five Customer Convenience Centers will be closed on Sunday, December 25th and Sunday, January 1St. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at https://www.irceov.com/recyclingandgarbage/ for more information. Unincorporated IRC City of Sebastian There will be no pick up on Friday, December 231d and Monday, December 26th — Pick up will be on your next scheduled day. There will be no pick up on Monday, January 21d — Pick up will be on your next scheduled day. If you have questions regarding your service schedule, please call the City of V6 Solid Waste Division at 978-5300. No Changes There will be no trash pick up on Monday, December 26th, 2022 in the Town of Orchid. If you have any questions regarding your service schedule, please call the Waste Pro at 595-9390. SWDD Agenda - Page 1 - CO3 I" V L OU C/3 CD L CD LE3 (1) cu L ca 4r( cv C: '— cu > E N O � •� E O O > E o L- 0 O U L vi cl C- � ca � s Ln � N LM L � E V - v U m � J .� C: i U 0 cn V C .ccam O E G W O 0 J U V L s = (1) cu L ca 4r( cv C: '— cu > E N O � •� E O O > E o L- 0 O U L vi cl C- �y C. m CU3 Z U3 Cc E owM C.3 0 "" C. m Cm r I Q� o L 1 L V N O _U rij -O Q E Ln O aJ U �, v O O E N A ca U �.o p N i v� M aim �-a v �� 41 L_0 i O Qp +Qj N O 4.1 O GJ 2 O O a, o a °� a x a CL r CL v V) V Y N U in O` j Z ��;,, Q ;' O t Q� O N v O 4- v 4 + p p p v _U a) V c N ru ru o o-� a,= Q) o v ai Qj C) _0 __ aJ O Q O Q) c N E + N aJ U m 0 O O U O O .N .� � U � r I JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 HONORABLE BOARD OF COUNTY COMMISSIONERS ELISSA NAGY, CHIEF DEPUTY OF FINANCE JEFFREY R. SMITH, COMPTROLLER November 10, 2022 APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 4, 2022 to November 10, 2022 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 4, 2022 to November 10, 2022. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 429608 11/04/2022 ATKINS NORTH AMERICA INC 2,512.07 429609 11/04/2022 UNITED WAY OF INDIAN RIVER COUNTY 644.34 429610 11/04/2022 AT&T CORP 1,273.52 429611 11/04/2022 AT&T CORP 657.74 429612 11/04/2022 AT&T CORP 1,651.48 429613 11/04/2022 UNITED STATES POSTAL SERVICE 364.00 429614 11/04/2022 INTERNATIONAL GOLF MAINTENANCE INC 1,660.22 429615 11/04/2022 FLORIDA WATER & POLLUTION CONTROL 95.00 429616 11/04/2022 FLORIDA POWER AND LIGHT 20,680.55 429617 11/04/2022 PHILLIP J MATSON 20.00 429618 11/04/2022 CITY OF FELLSMERE 325.89 429619 11/04/2022 SUNSHINE STATE ONE CALL OF FL INC 1,667.51 429620 11/04/2022 FLORIDA SHORE & BEACH PRESERVATION 25.00 429621 11/04/2022 CONSTRUCTION LICENSING OFFICIALS 200.00 429622 11/04/2022 JOSEPH EARMAN 97.90 429623 11/04/2022 ARCADIS U S INC 10,873.24 429624 11/04/2022 HULETT ENVIRONMENTAL SERVICES 9.00 429625 11/04/2022 CELICO PARTNERSHIP 258.86 429626 11/04/2022 MICHAEL THIELS 76.20 429627 11/04/2022 BRIDGESTONE GOLF INC 640.26 429628 11/04/2022 SYLVESTER MC INTOSH 633.00 429629 11/04/2022 MICHELLE STROMBERG 29.10 429630 11/04/2022 SOUTHERN MANAGEMENT LLC 289.25 429631 11/04/2022 REI ENGINEERS INC 1,000.00 429632 11/04/2022 AMERITAS 33,109.16 429633 11/04/2022 LESLIE N MUNROE 477.72 429634 11/04/2022 LJB EQUIPMENT SALES INC 2,411.52 429635 11/04/2022 PROCTOR CONSTRUCTION COMPANY LLC 103,527.78 429636 11/04/2022 FL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATI 375.00 429637 11/04/2022 FL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATI 375.00 429638 11/04/2022 ERIKA LUNDEEN 245.00 429639 11/04/2022 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 122,839.84 429640 11/04/2022 J -MAC CLEANING SERVICES INC 4,833.33 429641 11/04/2022 AQUATIC WEED CONTROL INC 145.00 429642 11/04/2022 A TEAM OF THE TREASURE COAST INC 1,219.71 429643 11/04/2022 SPIEZLE ARCHITECTURAL GROUP INC 750.00 429644 11/04/2022 DON HINKLE CONSTRUCTION INC 186,187.78 429645 11/04/2022 ROBERT TOBAR 97.05 429646 11/04/2022 WEX HEALTH INC 5,752.95 429647 11/04/2022 AMERICAN INSTITUTE FOR CHARTERED PROPERTY 490.00 429648 11/04/2022 FRANK & AIMEE DZAMA 115.95 429649 11/04/2022 SCOTT MORLEY 500.00 429650 11/04/2022 SANDIE WALKER 1,291.76 429651 11/04/2022 REBECA GUERRA 149.65 429652 11/04/2022 STEVEN HITT 90.42 429653 11/07/2022 INDIAN RIVER BATTERY 225.00 429654 11/07/2022 JANITORIAL DEPOT OF AMERICA INC 418.96 429655 11/07/2022 UNIVERSITY OF FLORIDA 1,995.61 429656 11/07/2022 HULETT ENVIRONMENTAL SERVICES 32.00 429657 11/07/2022 CELICO PARTNERSHIP 1,014.66 429658 11/07/2022 TORRES ELECTRICAL SUPPLY COMPANY INC 2,187.40 429659 11/07/2022 PIERCE GOODWIN ALEXANDER & LINVILLE INC 4,741.71 429660 11/07/2022 HAWKINS INC 1,375.00 429661 11/07/2022 TYKES & TEENS INC 9,199.98 429662 11/07/2022 ENGINEERED SERVICES INC 200.00 429663 11/07/2022 AMAZON CAPITAL SERVICES INC 432.92 429664 11/07/2022 DESK SPINCO INC 1,543.50 3 TRANS NBR DATE VENDOR AMOUNT 429665 11/07/2022 STAPLES INC 39.20 429666 11/07/2022 MARUBENI AMERICA CORPORATION 2,060.64 429667 11/07/2022 DOBBS EQUIPMENT LLC 2,097.82 429668 11/07/2022 JOHN KEAR 50.00 429669 11/07/2022 US DEPT OF AGRICULTURE 3,945.89 429670 11/07/2022 REBECCA GROOM 36.34 429671 11/07/2022 DAVIE PRUE 27.55 429672 11/07/2022 ANA HOLDINGS LLC 814.16 429673 11/08/2022 COMPLETE ELECTRIC INC 250.00 429674 11/08/2022 HULETT ENVIRONMENTAL SERVICES 6.00 429675 11/08/2022 SIMS CRANE & EQUIPMENT CO 651.00 429676 11/08/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 325.06 429677 11/08/2022 AMAZON CAPITAL SERVICES INC 9,192.36 429678 11/08/2022 LOWES COMPANIES INC 421.69 429679 11/08/2022 HIREQUEST LLC 910.08 429680 11/08/2022 JOHN KEAR 50.00 429681 11/08/2022 MERRILEE K WILLIAMS TRUST UAD 680.16 429682 11/08/2022 EDIE A BROWN 67.66 429683 11/08/2022 DAVID FROMANG 264.82 Grand Total: 555,925.92 4 TRANS NBR DATE 902291 11/04/2022 902292 11/04/2022 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR PJD HOLDINGS LLC HOUSING & URBAN DEVELOPMENT AMOUNT 1,134.00 6.00 1,140.00 IF ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR 1020083 11/04/2022 AT&T CORP 1020084 11/04/2022 AT&T CORP 1020085 11/04/2022 AT&T CORP 1020086 11/04/2022 AT&T CORP 1020087 11/04/2022 AT&T CORP 1020088 11/04/2022 OFFICE DEPOT INC 1020089 11/04/2022 COMCAST 1020090 11/07/2022 DAVES SPORTING GOODS & TROPHIES Grand Total: AMOUNT 3,288.83 6.35 5,461.78 198.00 5.76 1,995.27 336.10 583.50 11,875.59 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10032 11/04/2022 EDH HOLDINGS LLC 1,014.81 10033 11/04/2022 CITY OF SEBASTIAN 33,632.77 10034 11/04/2022 FL RETIREMENT SYSTEM 945,090.27 10035 11/04/2022 BENEFLEX INC 885.00 10036 11/07/2022 KIMLEY HORN & ASSOC INC 75,450.75 10037 11/07/2022 KIMLEY HORN & ASSOC INC 1,950.00 10038 11/07/2022 RX BENEFITS INC 2,348.74 10039 11/07/2022 ELITE TITLE OF THE TREASURE COAST INC 54,423.00 10040 11/07/2022 MUTUAL OF OMAHA 3,746.95 10041 11/07/2022 RX BENEFITS INC 270,072.59 10042 11/08/2022 PUBLIC DEFENDER 23,249.57 10043 11/08/2022 HEALTH ADVOCATE SOLUTIONS INC 1,539.45 10044 11/08/2022 HEALTH ADVOCATE SOLUTIONS INC 1,984.80 10045 11/08/2022 INDIAN RIVER COUNTY SHERIFF 38,204.76 10046 11/08/2022 INDIAN RIVER COUNTY SHERIFF 9,502.02 Grand Total: 1,463,095.48 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271` Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 17, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 11, 2022 to November 17, 2022 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 11, 2022 to November 17, 2022. iNs E CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 429684 11/14/2022 CLEMENTS PEST CONTROL 2,300.00 429685 11/14/2022 STURGIS LUMBER & PLYWOOD CO 183.22 429686 11/14/2022 COMMUNICATIONS INTERNATIONAL 804.00 429687 11/14/2022 TEN -8 FIRE EQUIPMENT INC 1,580.22 429688 11/14/2022 RANGER CONSTRUCTION IND INC 736.79 429689 11/14/2022 VERO CHEMICAL DISTRIBUTORS INC 802.00 429690 11/14/2022 RICOH USA INC 243.84 429691 11/14/2022 HENRY SCHEIN INC 1,323.45 429692 11/14/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 78.00 429693 11/14/2022 INDIAN RIVER BATTERY 146.75 429694 11/14/2022 GRAINGER 49.15 429695 11/14/2022 LFI FORT PIERCE INC 2,121.61 429696 11/14/2022 NATIONAL FIRE PROTECTION ASSOC 175.00 429697 11/14/2022 BOUND TREE MEDICAL LLC 2,336.04 429698 11/14/2022 TIRESOLES OF BROWARD INC 3,719.38 429699 11/14/2022 ABCO GARAGE DOOR CO INC 405.20 429700 11/14/2022 MIDWEST TAPE LLC 2,005.10 429701 11/14/2022 GO COASTAL INC 227.40 429702 11/14/2022 CITY OF VERO BEACH 375.56 429703 11/14/2022 HOME DEPOT USA INC 33.91 429704 11/14/2022 LIVINGSTON PAGE 75.00 429705 11/14/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 126.70 429706 11/14/2022 FAMOSO INC 781.44 429707 11/14/2022 FLORIDA POWER AND LIGHT 39,141.99 429708 11/14/2022 FLORIDA POWER AND LIGHT 2,758.87 429709 11/14/2022 STRUNK FUNERAL HOMES & CREMATORY 850.00 429710 11/14/2022 TREASURE COAST SPORTS COMMISSION INC 3,404.06 429711 11/14/2022 NOTARY PUBLIC UNDERWRITERS INC 135.00 429712 11/14/2022 JOHN BROWN & SONS INC 3,275.00 429713 11/14/2022 IRONSIDE PRESS LLC 499.20 429714 11/14/2022 FLORIDA ROOFING AND SHEET METAL 170.00 429715 11/14/2022 FLORIDA SHORE & BEACH PRESERVATION 7,000.00 429716 11/14/2022 TRANE US INC 488.58 429717 11/14/2022 HULETT ENVIRONMENTAL SERVICES 32.00 429718 11/14/2022 SOUTHERN JANITOR SUPPLY INC 198.72 429719 11/14/2022 C W NIELSEN MFG CORP 162.00 429720 11/14/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 247.56 429721 11/14/2022 PATRICIA K CALAHAN 90.00 429722 11/14/2022 HELPING ANIMALS LIVE -OVERCOME 22.00 429723 11/14/2022 MUNICIPAL EMERGENCY SERVICES INC 5,053.26 429724 11/14/2022 DEBORAH CUEVAS 75.00 429725 11/14/2022 STS MAINTAIN SERVICES INC 18,031.40 429726 11/14/2022 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 429727 11/14/2022 HAWKINS INC 1,155.89 429728 11/14/2022 UNIFIRST CORPORATION 531.76 429729 11/14/2022 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 232.54 429730 11/14/2022 GOTTA GO GREEN ENTERPISES INC 280.76 429731 11/14/2022 BARSALOU VENTURES LLC 1,802.58 429732 11/14/2022 WURTH USA INC 187.39 429733 11/14/2022 COLE AUTO SUPPLY INC 1,737.89 429734 11/14/2022 RHOADES AIR & HEAT 7,790.00 429735 11/14/2022 DARREN WARMOUTH 150.00 429736 11/14/2022 DAY DREAMS UNIFORMS INC 699.85 429737 11/14/2022 DIRECTV GROUP INC 86.99 429738 11/14/2022 TYCO FIRE & SECURITY MANAGEMENT INC 11,106.00 429739 11/14/2022 AMAZON CAPITAL SERVICES INC 920.44 429740 11/14/2022 TREASURE COAST PLUMBING LLC 2,539.27 W TRANS NBR DATE VENDOR AMOUNT 429741 11/14/2022 PACE ANALYTICAL SERVICES LLC 226.80 429742 11/14/2022 AMERIGAS PROPANE LP 7,156.19 429743 11/14/2022 JORDAN POWER EQUIPMENT CORP 124.99 429744 11/14/2022 JUDITH A BURLEY 71.50 429745 11/14/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 672.75 429746 11/14/2022 BLUE GOOSE CONSTRUCTION LLC 5,250.98 429747 11/14/2022 STAPLES INC 283.71 429748 11/14/2022 LOWES COMPANIES INC 1,555.17 429749 11/14/2022 MILLENNIUM CREMATORY LLC 425.00 429750 11/14/2022 CHRIS ZAVESKY 75.00 429751 11/14/2022 ROBERT A HUDSON 150.00 429752 11/14/2022 THEODORE SEMI 270.00 429753 11/14/2022 QUADMED INC 8,977.56 429754 11/14/2022 BRITTON INDUSTRIES INC 575.25 429755 11/14/2022 LAWRENCE F WALLIN 125.00 429756 11/14/2022 HIREQUEST LLC 6,870.04 429757 11/14/2022 PETERBILT STORE SOUTH FLORIDA LLC 430.08 429758 11/14/2022 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 429759 11/14/2022 BTAC HOLDING CORP 13,148.24 429760 11/14/2022 CONSOLIDATED WATER GROUP LLC 58.51 429761 11/14/2022 RONALD MARASCO SR 225.00 429762 11/14/2022 TAYLOR NELSON AUXIER 150.00 429763 11/14/2022 LOGAN PERALTA 800.00 429764 11/14/2022 FLEETPRIDE INC 823.02 429765 11/14/2022 JORDAN PARKER 225.00 429766 11/14/2022 NORTH CAROLINA CHILD SUPPORT 105.69 429767 11/14/2022 NORTH CAROLINA CHILD SUPPORT 55.38 429768 11/14/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 429769 11/14/2022 NORTH DAKOTA CHILD SUPPORT 228.47 429770 11/17/2022 UTIL REFUNDS 9.70 429771 11/17/2022 UTIL REFUNDS 9.14 429772 11/17/2022 UTIL REFUNDS 48.24 429773 11/17/2022 UTIL REFUNDS 91.41 429774 11/17/2022 UTIL REFUNDS 38.49 429775 11/17/2022 UTIL REFUNDS 60.29 429776 11/17/2022 UTIL REFUNDS 100.00 429777 11/17/2022 UTIL REFUNDS 62.70 429778 11/17/2022 UTIL REFUNDS 45.01 429779 11/17/2022 UTIL REFUNDS 43.67 429780 11/17/2022 UTIL REFUNDS 21.50 429781 11/17/2022 UTIL REFUNDS 20.39 429782 11/17/2022 UTIL REFUNDS 30.35 429783 11/17/2022 UTIL REFUNDS 88.88 429784 11/17/2022 UTIL REFUNDS 13.55 429785 11/17/2022 UTIL REFUNDS 66.19 429786 11/17/2022 UTIL REFUNDS 92.47 429787 11/17/2022 UTIL REFUNDS 87.38 429788 11/17/2022 UTIL REFUNDS 26.36 429789 11/17/2022 UTIL REFUNDS 186.13 429790 11/17/2022 UTIL REFUNDS 65.49 429791 11/17/2022 UTIL REFUNDS 23.82 429792 11/17/2022 UTIL REFUNDS 44.34 429793 11/17/2022 UTIL REFUNDS 90.62 429794 11/17/2022 UTIL REFUNDS 82.67 429795 11/17/2022 UTIL REFUNDS 28.69 429796 11/17/2022 UTIL REFUNDS 17.12 429797 11/17/2022 UTIL REFUNDS 86.44 429798 11/17/2022 UTIL REFUNDS 107.28 429799 11/17/2022 UTIL REFUNDS 67.65 429800 11/17/2022 UTIL REFUNDS 40.24 10 2 TRANS NBR DATE VENDOR AMOUNT 429801 11/17/2022 UTIL REFUNDS 73.45 429802 11/17/2022 UTIL REFUNDS 33.64 429803 11/17/2022 UTIL REFUNDS 41.67 429804 11/17/2022 UTIL REFUNDS 45.34 429805 11/17/2022 UTIL REFUNDS 23.36 429806 11/17/2022 UTIL REFUNDS 36.00 429807 11/17/2022 UTIL REFUNDS 68.98 429808 11/17/2022 UTIL REFUNDS 52.88 429809 11/17/2022 UTIL REFUNDS 17.79 429810 11/17/2022 UTIL REFUNDS 79.51 429811 11/17/2022 UTIL REFUNDS 21.76 429812 11/17/2022 UTIL REFUNDS 28.91 429813 11/17/2022 UTIL REFUNDS 57.17 429814 11/17/2022 UTIL REFUNDS 56.79 429815 11/17/2022 UTIL REFUNDS 111.18 429816 11/17/2022 UTIL REFUNDS 66.21 429817 11/17/2022 UTIL REFUNDS 40.15 429818 11/17/2022 COMMUNICATIONS INTERNATIONAL 29,962.11 429819 11/17/2022 AT&T WIRELESS 143.74 429820 11/17/2022 PARAGON ELECTRIC OF VERO INC 29,123.15 429821 11/17/2022 CLERK OF CIRCUIT COURT 909.17 429822 11/17/2022 FLORIDA POWERAND LIGHT 4,181.42 429823 11/17/2022 FLORIDA POWER AND LIGHT 4,048.77 429824 11/17/2022 STATEATTORNEY 11,912.79 429825 11/17/2022 TLC DIVERSIFIED INC 83,175.11 429826 11/17/2022 BANK OF NEW YORK 662.50 429827 11/17/2022 MICHAEL QUIGLEY 60.00 429828 11/17/2022 CELICO PARTNERSHIP 4,489.47 429829 11/17/2022 THE SHERWIN WILLIAMS CO 62.32 429830 11/17/2022 MBV ENGINEERING INC 4,320.00 429831 11/17/2022 JOBEAR CONTRACTING INC 13,310.35 429832 11/17/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 108.55 429833 11/17/2022 DIVOSTA HOMES LP 1,679,857.38 429834 11/17/2022 LOST TREE PRESERVE LLLP 414,440.52 429835 11/17/2022 LOST TREE PRESERVE LLLP 4,634.25 429836 11/17/2022 GABRIEL ROEDER SMITH & CO 6,000.00 429837 11/17/2022 THE TRANSIT GROUP INC 6,285.83 429838 11/17/2022 ANFIELD CONSULTING GROUP INC 10,000.00 429839 11/17/2022 INDIAN RIVER COUNTY EXTENSION 2,621.20 429840 11/17/2022 CATHEDRAL CORPORATION 17,700.00 429841 11/17/2022 DEBBIE CARSON 75.00 429842 11/17/2022 CANARX GROUP INC 4,310.60 429843 11/17/2022 ENGINEERED SERVICES INC 100.00 429844 11/17/2022 AMAZON CAPITAL SERVICES INC 325.85 429845 11/17/2022 TREASURE COAST PLUMBING LLC 337.00 429846 11/17/2022 GRBK GHO HOMES LLC 419,074.77 429847 11/17/2022 LOW BUDGET ROCK STAR ENTERTAINMENT LLC 500.00 429848 11/17/2022 LOWES COMPANIES INC 161.95 429849 11/17/2022 LATITUDE 88 INC 500.00 429850 11/17/2022 A&B FENCE CO LLC 28,110.19 429851 11/17/2022 KATE PRIEST LCSW LLC 5,000.00 429852 11/17/2022 DEBRISTECH LLC 51,817.30 429853 11/17/2022 WILMA MILLER 565.00 429854 11/17/2022 LYLE VANAMBURG 390.01 429855 11/17/2022 AILERON VERO BEACH LLC 800.00 429856 11/17/2022 NICOLE EASTWOOD 7,562.61 429857 11/17/2022 UTIL REFUNDS 66.67 429858 11/17/2022 UTIL REFUNDS 41.01 429859 11/17/2022 UTIL REFUNDS 20.93 429860 11/17/2022 UTIL REFUNDS 45.95 11 TRANS NBR DATE VENDOR AMOUNT 429861 11/17/2022 UTIL REFUNDS 57.77 429862 11/17/2022 UTIL REFUNDS 77.99 429863 11/17/2022 UTIL REFUNDS 75.32 429864 11/17/2022 UTIL REFUNDS 80.31 429865 11/17/2022 UTIL REFUNDS 82.18 429866 11/17/2022 UTIL REFUNDS 66.60 429867 11/17/2022 UTIL REFUNDS 97.31 429868 11/17/2022 UTIL REFUNDS 36.65 429869 11/17/2022 UTIL REFUNDS 53.06 429870 11/17/2022 UTIL REFUNDS 35.15 429871 11/17/2022 UTIL REFUNDS 31.22 429872 11/17/2022 UTIL REFUNDS 57.75 429873 11/17/2022 UTIL REFUNDS 52.09 429874 11/17/2022 UTIL REFUNDS 34.45 429875 11/17/2022 UTIL REFUNDS 79.17 429876 11/17/2022 UTIL REFUNDS 85.17 429877 11/17/2022 UTIL REFUNDS 33.21 429878 11/17/2022 UTIL REFUNDS 9.09 429879 11/17/2022 UTILREFUNDS 40.28 429880 11/17/2022 UTIL REFUNDS 26.45 429881 11/17/2022 UTIL REFUNDS 6.82 429882 11/17/2022 UTIL REFUNDS 31.97 429883 11/17/2022 UTIL REFUNDS 49.38 429884 11/17/2022 UTIL REFUNDS 63.33 429885 11/17/2022 UTIL REFUNDS 5.91 429886 11/17/2022 UTIL REFUNDS 31.17 429887 11/17/2022 UTIL REFUNDS 45.01 429888 11/17/2022 UTIL REFUNDS 79.38 429889 11/17/2022 UTIL REFUNDS 42.25 429890 11/17/2022 UT11L REFUNDS 6.81 429891 11/17/2022 UTIL REFUNDS 73.47 429892 11/17/2022 UTIL REFUNDS 75.10 429893 11/17/2022 UTIL REFUNDS 60.03 429894 11/17/2022 UTIL REFUNDS 44.01 429895 11/17/2022 UTIL REFUNDS 40.81 429896 11/17/2022 UTIL REFUNDS 83.67 429897 11/17/2022 UTIL REFUNDS 27.80 429898 11/17/2022 UTIL REFUNDS 47.24 429899 11/17/2022 UTIL REFUNDS 33.50 429900 11/17/2022 UTIL REFUNDS 78.79 429901 11/17/2022 UTIL REFUNDS 30.68 429902 11/17/2022 UTIL REFUNDS 44.25 429903 11/17/2022 UTIL REFUNDS 803.97 429904 11/17/2022 UTIL REFUNDS 37.94 429905 11/17/2022 FLORIDA WATER & POLLUTION CONTROL 95.00 429906 11/17/2022 PHILLIP J MATSON 93.99 429907 11/17/2022 JASON E BROWN 145.00 429908 11/17/2022 GOVERNORS HURRICANE CONFERENCE 570.00 429909 11/17/2022 FLORIDA SHORE & BEACH PRESERVATION 25.00 429910 11/17/2022 JOSEPH EARMAN 193.93 429911 11/17/2022 RACHEL IVEY 78.68 429912 11/17/2022 MICHAEL THIELE 55.45 429913 11/17/2022 MELISSA MEISENBURG 43.08 429914 11/17/2022 PORT CONSOLIDATED INC 8,733.10 429915 11/17/2022 COMMUNICATIONS INTERNATIONAL 2,919.08 429916 11/17/2022 VERO CHEMICAL DISTRIBUTORS INC 577.90 429917 11/17/2022 HENRY SCHEIN INC 1,500.82 429918 11/17/2022 VERMEER SOUTHEAST 438.29 429919 11/17/2022 DATA FLOW SYSTEMS INC 5,212.00 429920 11/17/2022 INDIAN RIVER BATTERY 4,050.10 12 4 TRANS NBR DATE VENDOR AMOUNT 429921 11/17/2022 GRAINGER 646.93 429922 11/17/2022 KELLY TRACTOR CO 1,830.02 429923 11/17/2022 KELLY TRACTOR CO 1,051.66 429924 11/17/2022 SAFETY KLEEN SYSTEMS INC 420.75 429925 11/17/2022 GRAYBAR ELECTRIC CO INC 2,088.96 429926 11/17/2022 HACH CO 3,203.63 429927 11/17/2022 LFI FORT PIERCE INC 2,036.20 429928 11/17/2022 ALLIED ELECTRONICS INC 884.70 429929 11/17/2022 BOUND TREE MEDICAL LLC 3,483.30 429930 11/17/2022 EXPRESS REEL GRINDING INC 7,200.00 429931 11/17/2022 TIRESOLES OF BROWARD INC 10,709.19 429932 11/17/2022 ODYSSEY MANUFACTURING CO 20,917.05 429933 11/17/2022 GO COASTAL INC 225.55 429934 11/17/2022 SOFTWARE HARDWARE INTEGRATION 98.05 429935 11/17/2022 JOHN PICKERILL 925.00 429936 11/17/2022 CLERK OF CIRCUIT COURT 658.50 429937 11/17/2022 CITY OF VERO BEACH 843.51 429938 11/17/2022 HOME DEPOT USA INC 66.66 429939 11/17/2022 HOME DEPOT USA INC 205.35 429940 11/17/2022 UNITED STATES POSTAL SERVICE 275.00 429941 11/17/2022 FLORIDA DEPT OF TRANSPORTATION 2.50 429942 11/17/2022 JANITORIAL DEPOT OF AMERICA INC 577.55 429943 11/17/2022 FLORIDA FIRE MARSHALS & INSPECTORS 450.00 429944 11/17/2022 ROGER CLEVELAND GOLF INC 1,913.64 429945 11/17/2022 ACUSHNET COMPANY 1,423.19 429946 11/17/2022 FLORIDA MUNICIPAL INSURANCE TRUST 62,972.00 429947 11/17/2022 FAMOSO INC 1,372.80 429948 11/17/2022 CALLAWAY GOLF SALES COMPANY 16,441.65 429949 11/17/2022 FLORIDA POWER AND LIGHT 21,269.55 429950 11/17/2022 FLORIDA POWER AND LIGHT 34,552.22 429951 11/17/2022 AMERICAN PLANNING ASSOCIATION 1,627.00 429952 11/17/2022 EPSILON SIGMA PHI 150.00 429953 11/17/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,590.93 429954 11/17/2022 CITY OF FELLSMERE 263.02 429955 11/17/2022 PEACE RIVER ELECTRIC COOP INC 221.35 429956 11/17/2022 STRUNK FUNERAL HOMES & CREMATORY 850.00 429957 11/17/2022 COMPLETE ELECTRIC INC 250.00 429958 11/17/2022 SHERILEE D PARSELL 1,421.70 429959 11/17/2022 NEXTRAN CORPORATION 1,068.40 429960 11/17/2022 JOHN BROWN & SONS INC 6,000.00 429961 11/17/2022 MASTER METER INC 6,350.00 429962 11/17/2022 ELXSI INC 512.60 429963 11/17/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 550.00 429964 11/17/2022 BRIDGESTONE AMERICAS INC 3,279.78 429965 11/17/2022 FAE4-HA 140.00 429966 11/17/2022 RECHTIEN INTERNATIONAL TRUCKS 2,243.74 429967 11/17/2022 HULETT ENVIRONMENTAL SERVICES 208.50 429968 11/17/2022 CINTAS CORPORATION NO 2 221.40 429969 11/17/2022 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 429970 11/17/2022 POLYDYNE INC 3,749.00 429971 11/17/2022 RECYCLE FLORIDA TODAY INC 400.00 429972 11/17/2022 FLASSOC OF COUNTY AGRICULTURAL AGENTS 100.00 429973 11/17/2022 BRIDGESTONE GOLF INC 921.84 429974 11/17/2022 SOUTHERN JANITOR SUPPLY INC 3,762.62 429975 11/17/2022 GLOVER OIL COMPANY INC 113,564.57 429976 11/17/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 57.85 429977 11/17/2022 JOHNNY B SMITH 75.00 429978 11/17/2022 PETER J CASSARA 6,100.00 429979 11/17/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 429980 11/17/2022 YOUTH GUIDANCE DONATION FUND 4,625.92 ig TRANS NBR DATE VENDOR AMOUNT 429981 11/17/2022 ATLANTIC COASTAL LAND TITLE CO LLC 285.00 429982 11/17/2022 FLORIDAARMATURE WORKS INC 5,305.52 429983 11/17/2022 MUNICIPAL EMERGENCY SERVICES INC 5,253.07 429984 11/17/2022 BURNETT LIME CO INC 3,796.42 429985 11/17/2022 STRAIGHT OAK LLC 521.99 429986 11/17/2022 BSN SPORTS INC 291.62 429987 11/17/2022 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 429988 11/17/2022 SYLIVIA MILLER 1,640.00 429989 11/17/2022 MILNER SPORTS LLC 1,793.11 429990 11/17/2022 UNIFIRST CORPORATION 3,439.41 429991 11/17/2022 WILSON SPORTING GOODS CO 4,805.62 429992 11/17/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 198.79 429993 11/17/2022 EASTERN PIPELINE CONSTRUCTION INC 8,875.00 429994 11/17/2022 CDW LLC 120.21 429995 11/17/2022 MATHESON TRI -GAS INC 9,808.50 429996 11/17/2022 COLE AUTO SUPPLY INC 12,512.27 429997 11/17/2022 ROY I SMITH 99.95 429998 11/17/2022 M N WORLDWIDE INC 1,057.58 429999 11/17/2022 AXON ENTERPRISE INC 2,440.00 430000 11/17/2022 RELX INC 426.40 430001 11/17/2022 NESTLE WATERS NORTH AMERICA 250.87 430002 11/17/2022 CORE & MAIN LP 15,177.54 430003 11/17/2022 JOSEPH JOHNSON 42.40 430004 11/17/2022 AMAZON CAPITAL SERVICES INC 1,450.28 430005 11/17/2022 TREASURE COAST PLUMBING LLC 475.00 430006 11/17/2022 PACE ANALYTICAL SERVICES LLC 226.80 430007 11/17/2022 PACE ANALYTICAL SERVICES LLC 5,807.38 430008 11/17/2022 AMERIGAS PROPANE LP 538.48 430009 11/17/2022 DAVID MIKE 125.00 430010 11/17/2022 THE HOPE FOR FAMILIES CENTER INC 3,802.75 430011 11/17/2022 MULLINAX FORD OF VERO BEACH 4,851.72 430012 11/17/2022 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,583.33 430013 11/17/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 123.84 430014 11/17/2022 MT CAUSLEY LLC 30,129.00 430015 11/17/2022 LOWES COMPANIES INC 1,556.22 430016 11/17/2022 SMI TRADING LLC 332.56 430017 11/17/2022 MILLENNIUM CREMATORY LLC 425.00 430018 11/17/2022 SUTPHEN CORPORATION 341,300.00 430019 11/17/2022 ROBERT A HUDSON 145.00 430020 11/17/2022 THEODORE SEMI 145.00 430021 11/17/2022 QUADMED INC 3,021.00 430022 11/17/2022 LAWRENCE F WALLIN 75.00 430023 11/17/2022 HIREQUEST LLC 1,121.68 430024 11/17/2022 PETERBILT STORE SOUTH FLORIDA LLC 4,926.32 430025 11/17/2022 PETERBILT STORE SOUTH FLORIDA LLC 502.71 430026 11/17/2022 CER SIGNATURE CLEANING LLC 1,800.00 430027 11/17/2022 SHAMROCK ENVIRONMENTAL CORPORATION 19,730.55 430028 11/17/2022 SHRIEVE CHEMICAL CO LLC 11,997.39 430029 11/17/2022 RONALD MARASCO SR 145.00 430030 11/17/2022 TAYLOR NELSON AUXIER 75.00 430031 11/17/2022 ISO CLAIMS SERVICES INC 446.75 430032 11/17/2022 AIRVAC INC 10,692.27 430033 11/17/2022 FLEETPRIDE INC 103.03 430034 11/17/2022 JORDAN PARKER 125.00 430035 11/17/2022 HISTORIC EQUITY THREE LLC 800.00 Grand Total: 4,006,263.15 14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020091 11/14/2022 AT&T CORP 6.35 1020092 11/14/2022 AT&T CORP 971.00 1020093 11/14/2022 COMCAST 613.60 1020094 11/14/2022 WASTE MANAGEMENT INC OF FLORIDA 2,423.60 1020095 11/14/2022 PARKS RENTAL & SALES INC 507.00 1020096 11/14/2022 INDIAN RIVER OXYGEN INC 100.00 1020097 11114/2022 AMERICAN CONCRETE INDUSTRIES INC 288.00 1020098 11/14/2022 DAVES SPORTING GOODS & TROPHIES;: 69.30 1020099 11/14/2022 GALLS LLC 124.94 1020100 11/14/2022 GROVE WELDERS INC 99.31 1020101 11/14/2022 TOTAL TRUCK PARTS INC 291.13 1020102 11/14/2022 PIONEER MANUFACTURING 1,227.86 1020103 11/14/2022 GUARDIAN ALARM OF FLORIDA LLC 1,425.00. 1020104 11/1412022 CARLON INC 861.40 1020105 11/1612022 OFFICE DEPOT INC 2,645.67 1020106 11/17/2022 INDIAN RIVER OXYGEN INC 4,275.37 1020107 11/17/2022 RING POWERCORPORAT10N 9,083.91 1020108 11/17/2022 MIKES GARAGE & WRECKER SERVICE INC 475.00 1020109 11/17/2022 GALLS LLC 671.85 1020110 11/17/2022 MEEKS PLUMBING INC 528.00 1020111 11/17/2022 ST L.UCIE BATTERY & TIRE CO 102.95 1020112 11/17/2622 IRRIGATION CONSULTANTS 6NLmrriD INC 17.63 1020113 11/17/2022 GROVE WELDERS INC 3,145.32 1020114 11/17/2022 DLT SOLUTIONS LLC 2,260.48 1020115 11/17/2022 PRIDE ENTERPRISES 639.03 1020116 11/17/2022 AUTO PARTNERS LLC 5,922.19 1020117 11/17/2022 WRIGHT FASTENER COMPANY LLC 284.00 1020118 11/17/2022 NEXAIR LLC 59.77 1020119 11/17/2022 EFE INC 6,036.13 1020120 11/17/2022 TOSHIBAAMERICABUSINESS SOLUTIONS INC 954.00 1020121 11/17/2022 CARLON INC 160.00 1020122 11/17/2022 FIRST HOSPITAL LABORATORIES INC 245.00 Grand Total: N 46,514.79 15 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10047 11/14/2022 LINCOLN RETIREMENT 82,768.89 10048 11/14/2022 INDIAN RIVER COUNTY SHERIFF 40,776.94 10049 11/14/2022 FLORIDA DEPARTMENT OF REVENUE 3,451.02 10050 11/14/2022 FLORIDA DEPARTMENT OF REVENUE 2,648.79 10051 11/14/2022 FLORIDA DEPARTMENT OF REVENUE 1,115.04 10052 11/14/2022 FLORIDA DEPARTMENT OF REVENUE 22,126.13 10053 11/14/2022 IRC FIRE FIGHTERS ASSOC 9,709.04 10054 11/14/2022 IRS -PAYROLL TAXES 512,014.18 10055 11/14/2022 FL SDU 3,217.78 10056 11/15/2022 IRS -PAYROLL TAXES 500.08 10057 11/15/2022 IRS -PAYROLL TAXES 12,068.35 10058 11/15/2022 LINCOLN RETIREMENT 50.00 10059 11/17/2022 SAVE ON SP LLC 16,010.68 10060 11/17/2022 EDH HOLDINGS LLC 1,984.40 Grand Total: 708,441.32 16 w• JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 24, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 18, 2022 to November 24, 2022 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 18, 2022 to November 24, 2022. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 430036 11/23/2022 FLORIDAASSOCIATION OF COUNTIES INC 300.00 430037 11/23/2022 SCOTT MCADAM 183.20 430038 11/23/2022 SHELLEY NOWLN 17.18 430039 11/23/2022 BRIAN FREEMAN 93.99 430040 11/23/2022 TAMPA BAY LIBRARY CONSORTIUM 110.00 430041 11/23/2022 UTIL REFUNDS 81.26 430042 11/23/2022 UTIL REFUNDS 62.71 430043 11/23/2022 UTIL REFUNDS 35.22 430044 11/23/2022 UTIL REFUNDS 124.56 430045 11/23/2022 UTIL REFUNDS 136.46 430046 11/23/2022 UTIL REFUNDS 62.24 430047 11/23/2022 UTIL REFUNDS 9.35 430048 11/23/2022 UTIL REFUNDS 30.50 430049 11/23/2022 UTIL REFUNDS 22.00 430050 11/23/2022 UTIL REFUNDS 50.92 430051 11/23/2022 UTIL REFUNDS 86.35 430052 11/23/2022 UTIL REFUNDS 67.68 430053 11/23/2022 UTIL REFUNDS 38.14 430054 11/23/2022 UTIL REFUNDS 12.75 430055 11/23/2022 UTIL REFUNDS 35.87 430056 11/23/2022 UTIL REFUNDS 87.78 430057 11/23/2022 UTIL REFUNDS 14.81 430058 11/23/2022 UTIL REFUNDS 31.41 430059 11/23/2022 UTIL REFUNDS 62.97 430060 11/23/2022 UTIL REFUNDS 47.00 430061 11/23/2022 UTIL REFUNDS 46.53 430062 11/23/2022 UTIL REFUNDS 31.24 430063 11/23/2022 UTIL REFUNDS 24.21 430064 11/23/2022 UTIL REFUNDS 59.57 430065 11/23/2022 UTIL REFUNDS 86.42 430066 11/23/2022 UTIL REFUNDS 52.12 430067 11/23/2022 UTIL REFUNDS 8.68 430068 11/23/2022 UTIL REFUNDS 108.65 430069 11/23/2022 UTIL REFUNDS 11.32 430070 11/23/2022 UTIL REFUNDS 65.95 430071 11/23/2022 UTIL REFUNDS 30.91 430072 11/23/2022 UTIL REFUNDS 62.93 430073 11/23/2022 UTIL REFUNDS 30.02 430074 11/23/2022 UTIL REFUNDS 39.01 430075 11/23/2022 UTIL REFUNDS 48.95 430076 11/23/2022 RICOH USA INC 31.52 430077 11/23/2022 AT&T WIRELESS 971.51 430078 11/23/2022 AT&T WIRELESS 297.35 430079 11/23/2022 AT&T WIRELESS 157.26 430080 11/23/2022 AT&T WIRELESS 291.30 430081 11/23/2022 AT&T WIRELESS 866.23 430082 11/23/2022 AT&T WIRELESS 5.29 430083 11/23/2022 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 430084 11/23/2022 VICTIM ASSISTANCE PROGRAM 7,460.08 430085 11/23/2022 ROGER J NICOSIA 1,500.00 430086 11/23/2022 CITY OF VERO BEACH 2,230.27 430087 11/23/2022 CITY OF VERO BEACH 11,987.50 430088 11/23/2022 UNITED WAY OF INDIAN RIVER COUNTY 670.00 430089 11/23/2022 AT&T CORP 657.74 430090 11/23/2022 AT&T CORP 1,651.48 430091 11/23/2022 AT&T CORP 1,048.10 430092 11/23/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 4,054.20 18 TRANS NBR DATE VENDOR AMOUNT 430093 11/23/2022 HENRY FISCHER & SONS INC 500.00 430094 11/23/2022 INTERNATIONAL GOLF MAINTENANCE INC 111,444.25 430095 11/23/2022 STATEATTORNEY 23,701.89 430096 11/23/2022 FLORIDA UC FUND 2,691.92 430097 11/23/2022 ST LUCIE COUNTY BOCC 59,533.16 430098 11/23/2022 ARCADIS U S INC 6,429.69 430099 11/23/2022 CELICO PARTNERSHIP 301.87 430100 11/23/2022 THE SHERWIN WILLIAMS CO 293.64 430101 11/23/2022 NORTH CAROLINA CHILD SUPPORT 105.69 430102 11/23/2022 NORTH CAROLINA CHILD SUPPORT 55.38 430103 11/23/2022 PAMELA R CUMMINGS 689.00 430104 11/23/2022 ROSELAND UNITED METHODIST CHURCH 200.00 430105 11/23/2022 CALDWELL PACETTI EDWARDS 1,710.00 430106 11/23/2022 AMER] TAS 1,122.96 430107 11/23/2022 THE GIFFORD FLORIDA YOUTH ORCHESTRA 1,025.00 430108 11/23/2022 CERES ENVIRONMENTAL SERVICES 125,918.03 430109 11/23/2022 CENTERLINE UTILITIES INC 17,529.18 430110 11/23/2022 KREMEDY LLC 3,500.00 430111 11/23/2022 PROCTOR CONSTRUCTION COMPANY LLC 47,940.43 430112 11/23/2022 STATE OF FLORIDA 19,943.56 430113 11/23/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 430114 11/23/2022 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 9,166.66 430115 11/23/2022 LOWES COMPANIES INC 29.21 430116 11/23/2022 SUPERIOR FENCE & RAIL OF BREVARD COUNTY INC 75.00 430117 11/23/2022 CLEAN SPACE INC 15,530.91 430118 11/23/2022 CENSTATE CONTRACTORS INC 6,574.00 430119 11/23/2022 P&AADMINISTRATIVE SERVICES INC 519.00 430120 11/23/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 550.00 430121 11/23/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 650.00 430122 11/23/2022 ACP FACILITY SERVICES 11,736.91 430123 11/23/2022 NORTH DAKOTA CHILD SUPPORT 228.47 430124 11/23/2022 HYER QUALITY PLUMBING LLC 9,100.00 430125 11/23/2022 REVIZE LLC 23,000.00 430126 11/23/2022 JENNFIER DRAKE 500.00 430127 11/23/2022 WYNNE RAIFMAN 92.54 430128 11/23/2022 UTIL REFUNDS 89.89 430129 11/23/2022 UTIL REFUNDS 26.37 430130 11/23/2022 UTIL REFUNDS 33.24 430131 11/23/2022 UTIL REFUNDS 29.64 430132 11/23/2022 UTIL REFUNDS 80.11 430133 11/23/2022 UTIL REFUNDS 37.59 430134 11/23/2022 UTIL REFUNDS 81.05 430135 11/23/2022 UTIL REFUNDS 17.36 430136 11/23/2022 UTIL REFUNDS 73.37 430137 11/23/2022 UTIL REFUNDS 48.57 430138 11/23/2022 UTIL REFUNDS 30.24 430139 11/23/2022 UTIL REFUNDS 24.60 430140 11/23/2022 UTIL REFUNDS 86.29 430141 11/23/2022 UTIL REFUNDS 74.05 430142 11/23/2022 UTIL REFUNDS 100.00 430143 11/23/2022 UTIL REFUNDS 74.41 430144 11/23/2022 UTIL REFUNDS 41.70 430145 11/23/2022 UTIL REFUNDS 229.51 430146 11/23/2022 UTIL REFUNDS 148.40 430147 11/23/2022 UTIL REFUNDS 373.22 430148 11/23/2022 UTIL REFUNDS 36.29 430149 11/23/2022 UTIL REFUNDS 7.82 430150 11/23/2022 UTIL REFUNDS 88.49 430151 11/23/2022 UTIL REFUNDS 89.99 430152 11/23/2022 UTIL REFUNDS 62.34 Wol Pa TRANS NBR DATE VENDOR AMOUNT 430153 11/23/2022 UTIL REFUNDS 88.99 430154 11/23/2022 UTIL REFUNDS 18.20 430155 11/23/2022 UTIL REFUNDS 40.40 430156 11/23/2022 UTIL REFUNDS 92.15 430157 11/23/2022 UTIL REFUNDS 38.24 430158 11/23/2022 UTIL REFUNDS 68.27 430159 11/23/2022 UTIL REFUNDS 50.00 430160 11/23/2022 UTIL REFUNDS 124.24 430161 11/23/2022 UTIL REFUNDS 67.30 430162 11/23/2022 CLEMENTS PEST CONTROL 4,150.00 430163 11/23/2022 PORT CONSOLIDATED INC 374.42 430164 11/23/2022 COMMUNICATIONS INTERNATIONAL 5,970.00 430165 11/23/2022 RANGER CONSTRUCTION IND INC 519.39 430166 11/23/2022 VERO CHEMICAL DISTRIBUTORS INC 497.70 430167 11/23/2022 RICOH USA INC 6.17 430168 11/23/2022 SAFETY PRODUCTS INC 745.00 430169 11/23/2022 DATA FLOW SYSTEMS INC 104.00 430170 11/23/2022 INDIAN RIVER BATTERY 338.50 430171 11/23/2022 GRAINGER 632.96 430172 11/23/2022 KELLY TRACTOR CO 1,501.87 430173 11/23/2022 SAFETY KLEEN SYSTEMS INC 358.12 430174 11/23/2022 APPLE INDUSTRIAL SUPPLY CO 738.16 430175 11/23/2022 HACH CO 4,123.56 430176 11/23/2022 LFI FORT PIERCE INC 3,042.31 430177 11/23/2022 AMAZON HOSE & RUBBER COMPANY 1,985.60 430178 11/23/2022 BRISTER SIGNS INC 300.00 430179 11/23/2022 CALL ONE INC 62.00 430180 11/23/2022 MYRON L COMPANY 371.96 430181 11/23/2022 MIDWEST TAPE LLC 7,127.98 430182 11/23/2022 ODYSSEY MANUFACTURING CO 31,525.20 430183 11/23/2022 CENGAGE LEARNING INC 1,265.65 430184 11/23/2022 WILLIE C REAGAN 850.00 430185 11/23/2022 CLERK OF CIRCUIT COURT 30.00 430186 11/23/2022 CLERK OF CIRCUIT COURT 190.00 430187 11/23/2022 CITY OF VERO BEACH 6,096.13 430188 11/23/2022 CITY OF VERO BEACH 2,794.40 430189 11/23/2022 INDIAN RIVER ALL FAB INC 12,408.89 430190 11/23/2022 HOME DEPOT USA INC 49.30 430191 11/23/2022 HOME DEPOT USA INC 1,093.76 430192 11/23/2022 EBSCO INDUSTRIES INC 1,414.96 430193 11/23/2022 JANITORIAL DEPOT OF AMERICA INC 75.96 430194 11/23/2022 TREASURE COAST HOMELESS SERVICES 10,269.75 430195 11/23/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 430196 11/23/2022 WEST PUBLISHING CORPORATION 202.32 430197 11/23/2022 FEDERAL EXPRESS CORP 82.73 430198 11/23/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 88.34 430199 11/23/2022 FLORIDA POWER AND LIGHT 108,637.25 430200 11/23/2022 FLORIDA POWER AND LIGHT 3,788.66 430201 11/23/2022 INDIAN RIVER COUNTY TAX COLLECTOR 161,898.98 430202 11/23/2022 LANGUAGE LINE SERVICES INC 156.02 430203 11/23/2022 LARRY STALEY 706.00 430204 11/23/2022 NATIONAL ASSOCIATION OF COUNTIES 2,505.00 430205 11/23/2022 ELXSI INC 301.60 430206 11/23/2022 INTERNATIONAL ASSOC OF EMERGENCY MANAGERS 199.00 430207 11/23/2022 DAVID SPARKS 808.00 430208 11/23/2022 FORT PIERCE HOUSING AUTHORITY 825.00 430209 11/23/2022 RECHTIEN INTERNATIONAL TRUCKS 598.26 430210 11/23/2022 THE PALMS AT VERO BEACH 4,147.00 430211 11/23/2022 TRANE US INC 101.80 430212 11/23/2022 HULETT ENVIRONMENTAL SERVICES 369.00 Kol TRANS NBR DATE VENDOR AMOUNT 430213 11/23/2022 ARTHUR PRUETT 798.00 430214 11/23/2022 SYNAGRO-WWT INC 69,959.76 430215 11/23/2022 POLYDYNE INC 3,749.00 430216 11/23/2022 THE SHERWIN WILLIAMS CO 71.11 430217 11/23/2022 SOUTHERN JANITOR SUPPLY INC 1,924.99 430218 11/23/2022 MICHAEL JAHOLKOWSKI 554.00 430219 11/23/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 1,283.84 430220 11/23/2022 GLOVER OIL COMPANY INC 58,341.15 430221 11/23/2022 CAROLE J MADIGAN 649.00 430222 11/23/2022 RICHARD SCHLITT 862.00 430223 11/23/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 72.90 430224 11/23/2022 SUNCOAST REALTY & RENTAL MGMT LLC 753.00 430225 11/23/2022 SUNBELT RENTALS INC 240.00 430226 11/23/2022 PAMELA R CUMMINGS 689.00 430227 11/23/2022 JOHNNY B SMITH 145.00 430228 11/23/2022 MENTAL HEALTH ASSOCIATION IRC INC 7,284.22 430229 11/23/2022 GLOBALSTAR USA 221.40 430230 11/23/2022 INDIAN RIVER RDA LP 532.00 430231 11/23/2022 CEMEX INC 1,046.64 430232 11/23/2022 PETER J CASSARA 1,800.00 430233 11/23/2022 AFFORDABLE WATER & COFFEE SVC 89.00 430234 11/23/2022 FLORIDAAQUASTORE INC 32,469.70 430235 11/23/2022 NICOLACE MARKETING INC 3,594.67 430236 11/23/2022 OKEECHOBEE PARTNERS LLC 1,050.00 430237 11/23/2022 KEVIN S HAWKINS 500.00 430238 11/23/2022 STAT MEDICAL DISPOSAL INC 500.00 430239 11/23/2022 TAMPA BAY LIBRARY CONSORTIUM 3,760.08 430240 11/23/2022 FLORIDA COAST EQUIPMENT INC 2,471.36 430241 11/23/2022 OVERDRIVE INC 5,330.23 430242 11/23/2022 MISS INC OF THE TREASURE COAST 2,127.00 430243 11/23/2022 GFA INTERNATIONAL INC 22,840.00 430244 11/23/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 430245 11/23/2022 MKI SERVICES INC 29,250.00 430246 11/23/2022 BURNETT LIME CO INC 15,125.92 430247 11/23/2022 SAMBA HOLDINGS INC 1,422.25 430248 11/23/2022 TRINOVA -FLORIDA INC 3,945.37 430249 11/23/2022 MICHAEL EDWARD HAMILTON 300.00 430250 11/23/2022 AUGUSTUS B FORT JR 1,062.00 430251 11/23/2022 CATHEDRAL CORPORATION 1,648.11 430252 11/23/2022 UNIFIRST CORPORATION 1,616.45 430253 11/23/2022 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 202.51 430254 11/23/2022 JDS GRAPHICS DESIGN INC 51.48 430255 11/23/2022 H&H SHADOWBROOK LLC 737.00 430256 11/23/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 403.73 430257 11/23/2022 CROSSOVER MISSION INC 7,083.00 430258 11/23/2022 EASTERN PIPELINE CONSTRUCTION INC 3,550.00 430259 11/23/2022 WEDGEWOOD RENTALS LLC 768.00 430260 11/23/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 872.00 430261 11/23/2022 CDW LLC 601.05 430262 11/23/2022 ALIX DENEAU 750.00 430263 11/23/2022 DEBBIE CARSON 125.00 430264 11/23/2022 MATHESON TRI -GAS INC 5,070.00 430265 11/23/2022 COLE AUTO SUPPLY INC 248.74 430266 11/23/2022 KONICA MINOLTA BUSINESS SOLUTIONS 293.81 430267 11/23/2022 NKW PIP HOLDINGS I LLC 942.00 430268 11/23/2022 FLORIDA BULB & BALLAST INC 282.25 430269 11/23/2022 ENVIRONMENTAL OPERATING SOLUTION INC 17,016.32 430270 11/23/2022 CALVIN GIORDANO & ASSOCIATES INC 17,871.25 430271 11/23/2022 CORE & MAIN LP 24,009.07 430272 11/23/2022 WOERNER AGRIBUSINESS LLC 232.00 21 El TRANS NBR DATE VENDOR AMOUNT 430273 11/23/2022 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,640.00 430274 11/23/2022 KARL POKRANDT 1,109.00 430275 11/23/2022 TRAFFIC SUPPLIES & DISTRIBUTION LLC 8,999.00 430276 11/23/2022 BRANDON ROUER 3,565.00 430277 11/23/2022 HUDSON CONSULTING & MANAGEMENT LLC 716.00 430278 11/23/2022 AMAZON CAPITAL SERVICES INC 3,188.68 430279 11/23/2022 PACE ANALYTICAL SERVICES LLC 223.65 430280 11/23/2022 AMERIGAS PROPANE LP 3,352.78 430281 11/23/2022 JORDAN POWER EQUIPMENT CORP 375.73 430282 11/23/2022 MULLINAX FORD OF VERO BEACH 677.77 430283 11/23/2022 SHARON P BRENNAN 602.00 430284 11/23/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 279.16 430285 11/23/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 430286 11/23/2022 DESK SPINCO INC 1,125.73 430287 11/23/2022 A PLUS PROPERTY MANAGEMENT INC 2,702.00 430288 11/23/2022 FERGUSON US HOLDINGS INC 207.54 430289 11/23/2022 BLUE GOOSE CONSTRUCTION LLC 13,344.99 430290 11/23/2022 ORCHARD GROVE VENTURE LLC 675.00 430291 11/23/2022 STAPLES INC 153.59 430292 11/23/2022 LOWES COMPANIES INC 2,814.52 430293 11/23/2022 GEORGIA KING LLC 757.00 430294 11/23/2022 BREGO PROPERTIES LLC 750.00 430295 11/23/2022 SRETT LEXINGTON CLUB LLC 4,437.00 430296 11/23/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 430297 11/23/2022 JLA GEOSCIENCES INC 2,834.00 430298 11/23/2022 MARLBROS HOLDINGS LLC 1,168.00 430299 11/23/2022 BRITTON INDUSTRIES INC 612.01 430300 11/23/2022 FIRE EQUIPMENT SERVICES OF FLORIDA INC 3,896.00 430301 11/23/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 10,947.00 430302 11/23/2022 VERO COLLISION II LLC 683.95 430303 11/23/2022 HIREQUEST LLC 8,258.62 430304 11/23/2022 SEUNG KIM 708.00 430305 11/23/2022 NEX-GEN PARTNERS LLC 4,719.00 430306 11/23/2022 CER SIGNATURE CLEANING LLC 9,900.00 430307 11/23/2022 EZAS INVESTMENTS LLC 1,300.00 430308 11/23/2022 MICHAEL MILLER 1,361.00 430309 11/23/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 430310 11/23/2022 RS REALTY ADVISORS LLC 2,905.00 430311 11/23/2022 DOBBS EQUIPMENT LLC 1,538.33 430312 11/23/2022 SHAMROCK ENVIRONMENTAL CORPORATION 5,379.78 430313 11/23/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,665.22 430314 11/23/2022 GOMEZ BROTHERS CONTRACT SERVICES 1,260.00 430315 11/23/2022 WILLIAM J LAHEY 1,900.00 430316 11/23/2022 PIVOTAL UTILITY HOLDINGS INC 38.32 430317 11/23/2022 SONIA SUSAN SOSA 993.00 430318 11/23/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 4,950.00 430319 11/23/2022 SHRIEVE CHEMICAL CO LLC 8,404.34 430320 11/23/2022 BTAC HOLDING CORP 5,467.29 430321 11/23/2022 SEVEN ISLES CAPITAL 306.00 430322 11/23/2022 OSCARALVARADO 709.00 430323 11/23/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 6,400.00 430324 11/23/2022 JEFFERY HOGUES 4,100.00 430325 11/23/2022 ANCHOR MECHANICAL INC 2,315.73 430326 11/23/2022 KAREN CHENNELL 2,243.00 430327 11/23/2022 JT VERO PROPERTIES LLC 3,298.00 430328 11/23/2022 SM REALTY PARTNERS LLC 2,067.00 430329 11/23/2022 IXORIA RE LLC 5,165.00 430330 11/23/2022 US ECOLOGY TAMPA INC 22,474.35 430331 11/23/2022 AIRVAC INC 625.02 430332 11/23/2022 DIGITAL DATA SERVICES INC 9,315.00 TRANS NBR DATE 430333 11/23/2022 430334 11/23/2022 430335 11/23/2022 430336 11/23/2022 430337 11/23/2022 430338 11/23/2022 430339 11/23/2022 430340 11/23/2022 Grand Total: VENDOR BIOREM ENVIRONMENTAL US LTD HI LIFE PROPERTY MANAGEMENT LLC JUAN A LUNA JB JONES JR UNA GRAHAM HAR-RO PROPERTIES LLC GO COASTAL INC STAPLES INC AMOUNT 152,900.00 1,578.00 1,000.00 1,521.00 2,800.00 1,030.00 233.45 38.48 1,714,655.71 6 23 TRANS NBR DATE 902293 11/23/2022 902294 11/23/2022 902295 11/23/2022 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR YVONNE KOUTSOFIOS BEDS4HIM INC UNIFIRST CORPORATION AMOUNT 413.00 395.00 96.25 904.25 24 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020123 11/18/2022 WIGINTON CORPORATION 1,064.00 1020124 11/18/2022 GUARDIAN ALARM OF FLORIDA LLC 272.25 1020125 11/18/2022 OFFICE DEPOT INC 247.53 1020126 11/18/2022 COMCAST 440.00 1020127 11/18/2022 WASTE MANAGEMENT INC OF FLORIDA 1,428.00 1020128 11/22/2022 SOUTHERN COMPUTER WAREHOUSE INC 17,165.10 1020129 11/23/2022 PARKS RENTAL & SALES INC 45.00 1020130 11/23/2022 NORTH SOUTH SUPPLY INC 236.37 1020131 11/23/2022 INDIAN RIVER OXYGEN INC 113.00 1020132 11/23/2022 DEMCOINC 1,194.43 1020133 11/23/2022 MEEKS PLUMBING INC 2,689.00 1020134 11/23/2022 IRRIGATION CONSULTANTS UNLIMITED INC 327.62 1020135 11/23/2022 WORLD INDUSTRIAL EQUIPMENT INC 1,082.24 1020136 11/23/2022 GROVE WELDERS INC 118.17 1020137 11/23/2022 TOTAL TRUCK PARTS INC 1,865.09 1020138 11/23/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 490.61 1020139 11/23/2022 HYDRA SERVICE (S) INC 2,955.86 1020140 11/23/2022 RADWELL INTERNATIONAL INC 454.75 1020141 11/23/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1020142 11/23/2022 NEXAIR LLC 349.74 1020143 11/23/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 292.97 1020144 11/23/2022 AT&T CORP 3,259.21 1020145 11/23/2022 AT&T CORP 198.00 1020146 11/23/2022 AT&T CORP 5,454.12 1020147 11/23/2022 OFFICE DEPOT INC 487.46 1020148 11/23/2022 WASTE MANAGEMENT INC OF FLORIDA 1,012.38 Grand Total: 43,342.90 25 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10061 11/18/2022 SCHOOL DISTRICT OF I R COUNTY 73,290.00 10062 11/18/2022 HALLEY ENGINEERING CONTRACTORS INC 261,534.64 10063 11/22/2022 INDIAN RIVER COUNTY SHERIFF 470,916.37 10064 11/22/2022 INDIAN RIVER COUNTY SHERIFF 112,141.40 10065 11/22/2022 HUMANE SOCIETY 43,000.00 10066 11/23/2022 KIMLEY HORN & ASSOC INC 49,088.80 10067 11/23/2022 IRC FIRE FIGHTERS ASSOC 9,709.04 10068 11/23/2022 TEAMSTERS LOCAL UNION #769 5,216.00 10069 11/23/2022 FL SDU 3,217.78 10070 11/23/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,364.95 10071 11/23/2022 TOWN OF INDIAN RIVER SHORES 8,315.56 10072 11/23/2022 MUTUAL OF OMAHA 2,516.25 10073 11/23/2022 IRS -PAYROLL TAXES 114.58 10074 11/23/2022 VEROTOWN LLC 120,775.39 10075 11/23/2022 VEROTOWN LLC 11,707.38 10076 11/23/2022 WRIGHT EXPRESS FSC 39,062.62 10077 11/23/2022 RX BENEFITS INC 221,878.21 10078 11/23/2022 EDH HOLDINGS LLC 5,265.00 10079 11/23/2022 EDH HOLDINGS LLC 1,694.47 10080 11/23/2022 LINCOLN RETIREMENT 103,456.62 Grand Total: 1,552,265.06 26 -W) CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 430341 12/01/2022 SOLID WASTE ASSOC OF NORTH AMERICA 600.00 430342 12/01/2022 GOVERNORS HURRICANE CONFERENCE 285.00 430343 12/01/2022 A & SW CONSULTANTS INC 595.00 430344 12/01/2022 ROBERT TOBAR 124.42 430345 12/01/2022 ELISE KRISS 72.80 430346 12/01/2022 COMMUNICATIONS INTERNATIONAL 29,962.11 430347 12/01/2022 AT&T WIRELESS 147.92 430348 12/01/2022 AT&T WIRELESS 172.92 430349 12/01/2022 AT&T WIRELESS 19.99 430350 12/01/2022 REPUBLIC SERVICES INC 542,176.14 430351 12/01/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 4,277.50 430352 12/01/2022 CITY OF VERO BEACH 408.97 430353 12/01/2022 FEDERAL EXPRESS CORP 17.52 430354 12/01/2022 FLORIDA POWER AND LIGHT 7,122.11 430355 12/01/2022 ARCADIS U S INC 2,403.40 430356 12/01/2022 CELICO PARTNERSHIP 36.27 430357 12/01/2022 MASTELLER & MOLER INC 9,928.00 430358 12/01/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 52.39 430359 12/01/2022 KUNZ FAMILY LTD PARTNERSHIP 300.00 430360 12/01/2022 FISHER & PHILLIPS LLP 1,947.00 430361 12/01/2022 MARTHAA BOERGADINE 26.42 430362 12/01/2022 DANIEL THOMPSON 120.00 430363 12/01/2022 GUIMAR BUSTAMANTE 53.65 430364 12/01/2022 AILISH MILLER 21.24 430365 12/01/2022 GINA M HODGES 104.80 430366 12/01/2022 CARDINAL HEALTH 110 INC 2,969.91 430367 12/01/2022 MUNICIPAL EMERGENCY SERVICES INC 644.58 430368 12/01/2022 BURNETT LIME CO INC 3,331.72 430369 12/01/2022 KRAUS ASSOCIATES INC 23,475.00 430370 12/01/2022 SOUTHERN MANAGEMENT LLC 123.50 430371 12/01/2022 NAPIER & ROLLIN PLLC 1,200.00 430372 12/01/2022 UNIFIRST CORPORATION 112.53 430373 12/01/2022 BARSALOU VENTURES LLC 14,110.20 430374 12/01/2022 PATRIOT PRODUCTIONS LLC 500.00 430375 12/01/2022 BYERS ENGINEERING COMPANY 78,562.50 430376 12/01/2022 DAY DREAMS UNIFORMS INC 138.70 430377 12/01/2022 BOWMAN CONSULTING GROUP LTD 984.45 430378 12/01/2022 TETRA TECH INC 1,275.00 430379 12/01/2022 PC SOLUTIONS & INTEGRATION INC 49,863.46 430380 12/01/2022 MILTON MAYBERRY ENTERPRISES INC 216.00 430381 12/01/2022 LOWES COMPANIES INC 904.34 430382 12/01/2022 CONSOR ENGINEERS LLC 122,119.54 430383 12/01/2022 SPIEZLE ARCHITECTURAL GROUP INC 146.19 430384 12/01/2022 ELAINE HODGKINSON 400.00 430385 12/01/2022 BLUETARP FINANCIAL INC 186.48 430386 12/01/2022 SUPREME TITLE SOLUTION LLC 62.86 430387 12/01/2022 BULK EXPRESS TRANSPORT INC 30,051.57 430388 12/01/2022 KRISTEN BRACKEN 50.00 430389 12/01/2022 JOSEPH DONNELLI 50.00 430390 12/01/2022 SAMUEL SMITH JR 58.51 430391 12/01/2022 WILLIAM CLEWORTH 61.99 430392 12/01/2022 VADA ROSE 149.55 430393 12/01/2022 STATE EMPLOYEES CREDIT UNION 283.96 430394 12/01/2022 CHERIE GUIDROZ PROPERTIES LLC 300.00 430395 12/01/2022 DYNASTY PROPERTIES LLC 48.66 430396 12/01/2022 VERO BEACH RANCHES LLC 92,422.56 430397 12/01/2022 IDPMI SEBASTIAN 79.88 TRANS NBR DATE VENDOR AMOUNT 430398 12/01/2022 TERRENCE GEORGES 120.00 430399 12/01/2022 VERO HOUSING II LLC 79.39 430400 12/01/2022 PORT CONSOLIDATED INC 1,350.12 430401 12/01/2022 STURGIS LUMBER & PLYWOOD CO 232.25 430402 12/01/2022 COMMUNICATIONS INTERNATIONAL 1,111.42 430403 12/01/2022 TEN -8 FIRE EQUIPMENT INC 1,719.06 430404 12/01/2022 VERO CHEMICAL DISTRIBUTORS INC 565.18 430405 12/01/2022 PERERS ENTERPRISES INC 8,054.76 430406 12/01/2022 PALMDALE OIL COMPANY INC 16,190.81 430407 12/01/2022 RICOH USA INC 170.35 430408 12/01/2022 RICOH USA INC 243.84 430409 12/01/2022 HENRY SCHEIN INC 2,060.69 430410 12/01/2022 SAFETY PRODUCTS INC 420.00 430411 12/01/2022 PARALEE COMPANY INC 683.90 430412 12/01/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 90.00 430413 12/01/2022 INDIAN RIVER BATTERY 1,015.50 430414 12/01/2022 GRAINGER 559.77 430415 12/01/2022 SAFETY KLEEN SYSTEMS INC 403.10 430416 12/01/2022 APPLE INDUSTRIAL SUPPLY CO 38.75 430417 12/01/2022 WILD LAND ENTERPRISES INC 23.90 430418 12/01/2022 LFI FORT PIERCE INC 1,556.11 430419 12/01/2022 AVERY DENNISON CORPORATION 963.88 430420 12/01/2022 KSM ENGINEERING & TESTING INC 270.00 430421 12/01/2022 BOUND TREE MEDICAL LLC 1,392.11 430422 12/01/2022 EXPRESS REEL GRINDING INC 2,830.00 430423 12/01/2022 ABCO GARAGE DOOR CO INC 835.00 430424 12/01/2022 UTILITY SERVICE CO INC 3,039.00 430425 12/01/2022 ODYSSEY MANUFACTURING CO 15,940.05 430426 12/01/2022 JIMMYS AIR & REFRIGERATION INC 292.73 430427 12/01/2022 SOFTWARE HARDWARE INTEGRATION 196.10 430428 12/01/2022 CITY OF VERO BEACH 1,325.75 430429 12/01/2022 APPLE MACHINE & SUPPLY CO 1,947.66 430430 12/01/2022 HOME DEPOT USA INC 374.80 430431 12/01/2022 EBSCO INDUSTRIES INC 4,329.74 430432 12/01/2022 INDIAN RIVER COUNTY SHERIFF 160.00 430433 12/01/2022 LIVINGSTON PAGE 75.00 430434 12/01/2022 UNIVERSITY OF FLORIDA 210.00 430435 12/01/2022 ACUSHNET COMPANY 86.46 430436 12/01/2022 FEDERAL EXPRESS CORP 59.72 430437 12/01/2022 FAMOSO INC 469.92 430438 12/01/2022 CALLAWAY GOLF SALES COMPANY 11,979.35 430439 12/01/2022 FLORIDA POWER AND LIGHT 82,584.06 430440 12/01/2022 FLORIDA POWER AND LIGHT 45,716.23 430441 12/01/2022 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 430442 12/01/2022 NEW HORIZONS OF THE TREASURE COAST 29,379.50 430443 12/01/2022 COMPLETE ELECTRIC INC 125.00 430444 12/01/2022 TREASURE COAST SPORTS COMMISSION INC 4,864.06 430445 12/01/2022 L WALTON ELECTRIC INC 1,150.00 430446 12/01/2022 TRANSPORTATION CONTROL SYSTEMS 2,150.00 430447 12/01/2022 HENRY SMITH 75.00 430448 12/01/2022 INSIGHT PUBLIC SECTOR 4,267.70 430449 12/01/2022 FLORIDA SURVEYING & MAPPING 540.00 430450 12/01/2022 MIDWEST MOTOR SUPPLY CO 659.70 430451 12/01/2022 ECONOLITE CONTROL PRODUCTS INC 147,500.00 430452 12/01/2022 RECHTIEN INTERNATIONAL TRUCKS 467.50 430453 12/01/2022 THE PALMS AT VERO BEACH 475.00 430454 12/01/2022 HULETT ENVIRONMENTAL SERVICES 290.00 430455 12/01/2022 CINTAS CORPORATION NO 2 67.62 430456 12/01/2022 U S BANK NATIONAL ASSOCIATION 944.69 430457 12/01/2022 CONTROL SYSTEMS DESIGN INC 3,000.00 29 2 TRANS NBR DATE VENDOR AMOUNT 430458 12/01/2022 FASTENAL COMPANY 273.84 430459 12/01/2022 THE SHERWIN WILLIAMS CO 142.63 430460 12/01/2022 SOUTHERN JANITOR SUPPLY INC 2,325.95 430461 12/01/2022 ETR LLC 746.14 430462 12/01/2022 USA SERVICES OF FLORIDA INC 4,112.50 430463 12/01/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,135.94 430464 12/01/2022 1 ST FIRE & SECURITY INC 796.04 430465 12/01/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 543.28 430466 12/01/2022 JOHNNY B SMITH 50.00 430467 12/01/2022 AFFORDABLE WATER & COFFEE SVC 37.50 430468 12/01/2022 DANA SAFETY SUPPLY INC 841.06 430469 12/01/2022 SOUTHEAST POWER SYSTEMS OF ORLANDO 1,119.05 430470 12/01/2022 BRENNTAG MID-SOUTH INC 12,013.25 430471 12/01/2022 TRACKER SOFTWARE CORPORATION 10,225.00 430472 12/01/2022 FLORIDA ARMATURE WORKS INC 5,293.87 430473 12/01/2022 EASY PICKER GOLF PRODUCTS INC 1,706.90 430474 12/01/2022 MUNICIPAL EMERGENCY SERVICES INC 45.33 430475 12/01/2022 BURNETT LIME CO INC 7,616.08 430476 12/01/2022 DEBORAH CUEVAS 75.00 430477 12/01/2022 STS MAINTAIN SERVICES INC 22,031.60 430478 12/01/2022 SWARCO INDUSTRIES INC 17,880.00 430479 12/01/2022 HAWKINS INC 1,351.04 430480 12/01/2022 UNIFIRST CORPORATION 681.66 430481 12/01/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 29.03 430482 12/01/2022 GOTTA GO GREEN ENTERPISES INC 190.83 430483 12/01/2022 BARSALOU VENTURES LLC 1,944.95 430484 12/01/2022 TRIHEDRAL INC 15,366.75 430485 12/01/2022 MATHESON TRI-GAS INC 5,005.00 430486 12/01/2022 COLE AUTO SUPPLY INC 384.18 430487 12/01/2022 KREMEDY LLC 3,500.00 430488 12/01/2022 RHOADES AIR & HEAT 150.00 430489 12/01/2022 BETH NOLAN 102.00 430490 12/01/2022 DAVE FORD PAINTING INC 1,800.00 430491 12/01/2022 CORE & MAIN LP 796.10 430492 12/01/2022 BROWNELLS INC 12,142.25 430493 12/01/2022 ENGINEERED SERVICES INC 560.00 430494 12/01/2022 AMAZON CAPITAL SERVICES INC 2,109.70 430495 12/01/2022 TREASURE COAST PLUMBING LLC 2,276.50 430496 12/01/2022 AMERIGAS PROPANE LP 631.32 430497 12/01/2022 NUTTING ENGINEERS OF FLORIDA INC 1,889.00 430498 12/01/2022 JORDAN POWER EQUIPMENT CORP 245.88 430499 12/01/2022 LIBERTY TIRE RECYCLING LLC 3,905.00 430500 12/01/2022 DERECK R PRINCE 35.00 430501 12/01/2022 MULLINAX FORD OF VERO BEACH 1,399.60 430502 12/01/2022 JUDITH A BURLEY 157.00 430503 12/01/2022 SAFEWARE INC 1,385.34 430504 12/01/2022 CIVICPLUS LLC 2,346.55 430505 12/01/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 492.52 430506 12/01/2022 DESK SPINCO INC 607.86 430507 12/01/2022 STAPLES INC 1,644.42 430508 12/01/2022 LOWES COMPANIES INC 3,054.17 430509 12/01/2022 MILLENNIUM CREMATORY LLC 850.00 430510 12/01/2022 GOOD SPORTSMAN MARKETING LLC 1,575.95 430511 12/01/2022 TOTAL GOLF CART LLC 635.04 430512 12/01/2022 RARESTEP INC 9,240.00 430513 12/01/2022 SPORTS ENGINE INC 74.00 430514 12/01/2022 CONTROL TECHNOLOGIES INC 637.50 430515 12/01/2022 ROBERT A HUDSON 50.00 430516 12/01/2022 THEODORE SEMI 145.00 430517 12/01/2022 QUADMED INC 3,058.32 30 TRANS NBR DATE VENDOR AMOUNT 430518 12/01/2022 J -MAC CLEANING SERVICES INC 433.33 430519 12/01/2022 AQUATIC WEED CONTROL INC 145.00 430520 12/01/2022 HIREQUEST LLC 1,945.56 430521 12/01/2022 A TEAM OF THE TREASURE COAST INC 2,580.00 430522 12/01/2022 MED ALLIANCE GROUP INC 4,236.98 430523 12/01/2022 SHAMROCK ENVIRONMENTAL CORPORATION 7,182.42 430524 12/01/2022 WESTERN OILFIELDS SUPPLY COMPANY 5,665.22 430525 12/01/2022 BTAC HOLDING CORP 7,863.15 430526 12/01/2022 CRYSTAL MCANELLY DIVERS 30.00 430527 12/01/2022 GREENFIELDS OUTDOOR FITNESS INC 26,582.10 430528 12/01/2022 SEVEN ISLES CAPITAL 405.00 430529 12/01/2022 MIWANA SARGENT 80.00 430530 12/01/2022 TAYLOR NELSON AUXIER 70.00 430531 12/01/2022 STERLING CUT GLASS CO INC 434.28 430532 12/01/2022 STEVENS & STEVENS BUSINESS RECORDS MANAGEN 3,971.16 430533 12/01/2022 FLEETPRIDE INC 725.61 430534 12/01/2022 DONNA W ROBERTS 120.00 430535 12/01/2022 DOUG CONNOR INC 13,300.00 430536 12/01/2022 LIQUIDSPRING LLC 4,056.49 430537 12/01/2022 JORDAN PARKER 50.00 430538 12/01/2022 ENTERPRISES OF GVEGAS LLC 1,814.55 Grand Total: 1,694,157.71 31 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE **902306 12/01/2022 902307 12/01/2022 902308 12/01/2022 902309 12/01/2022 902310 12/01/2022 Grand Total: VENDOR PELICAN ISLES LP WEDGEWOOD RENTALS LLC ORCHARD GROVE VENTURE LLC VERO BEACH LEASED HOUSING ASSOC III LLLP STARWOOD REIT OPERATING PARTNERSHIP LP **Check numbers 902296-902305 skipped. AMOUNT 657.00 905.00 1,139.00 366.00 630.00 3,697.00 32 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE 1020149 12/01/2022 1020150 12/01/2022 1020151 12/01/2022 1020152 12/01/2022 1020153 12/01/2022 1020154 12/01/2022 1020155 12/01/2022 1020156 12/01/2022 1020157 12/01/2022 1020158 12/01/2022 Grand Total: VENDOR AMOUNT INDIAN RIVER OXYGEN INC 534.30 MIKES GARAGE & WRECKER SERVICE INC 225.00 GALLS LLC 46.31 MEEKS PLUMBING INC 463.00 GROVE WELDERS INC 1,020.66 SOUTHERN COMPUTER WAREHOUSE INC 68.52 STRYKER SALES CORP 760.50 NEXAIR LLC 52.99 TOSHIBAAMERICA BUSINESS SOLUTIONS INC 276.01 CARLON INC 660.80 4,108.09 33 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10081 11/28/2022 CLERK OF CIRCUIT COURT 24,250.00 10082 11/28/2022 IRC CHAMBER OF COMMERCE 86,143.67 10083 11/28/2022 IRS -PAYROLL TAXES 586,662.81 10084 11/29/2022 INDIAN RIVER COUNTY SHERIFF 3,996.15 10085 11/29/2022 SENIOR RESOURCE ASSOCIATION 99,054.10 10086 11/30/2022 CER SIGNATURE CLEANING LLC 12,852.00 10087 12/01/2022 ST LUCIE BATTERY & TIRE CO 1,125.50 10088 12/01/2022 CLERK OF CIRCUIT COURT 115,585.41 10089 12/01/2022 AMERICAN FAMILY LIFE ASSURANCE CO 14,992.02 10090 12/01/2022 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10091 12/01/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10092 12/01/2022 IRS -PAYROLL TAXES 29.84 10093 12/01/2022 P&A ADMINISTRATIVE SERVICES INC 390.50 Grand Total: 6,431,799.47 34 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 Telephone: (772) 226-1516 CPA, CGFO, CGMA I COMP U � a � 9 O 2R SFR COUN�J F TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Chief Deputy of Finance THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 2, 2022 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 09/30/2022 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of fiscal year 2022. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on December 1, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 35 J u a w M N m nn n �a�' nn a m m ry r b n w a N N ni n n nn an�nm O°'m� mm a1po m to Ln N N OO N N N N N N 01 4fl N N H N m 01 O1 W O M 01 N N ci O N N F n i:z i:z I w u�p N M y m ai m 3 O pf O� N :; a t0 T O O T M lD u1 w M b O O O T N Q1 01 N W N 01 N O M T � Uf N VF �A VF N Vf N N M Q: fMi d CMO w a C w d n m m N N ry N � d t d � Q �. ci j 1p 10 t0 m ao 1fl a N N � ao w 10 N H M m of O N cl n N N If1 a0 ao epi N °a$m.n. vtDi a v.°Rc r n ip E � � aom nmu,n o 00o S8 .. m W L' m N N to M .ti N Of m m M m m C a W a L d N � i �+ V O Y A q v d ZJa w'3 d q J A N C O Z A m X d W H d c F o mXw d N ' > > >>N=>> �pp �QQ c< >12 3 LL IR O m ZJ 7J O m O rc IR 6 y L O 2 O W y W V d' W LL A C A d O Z N V .ti o. m Q A m m°0n �u t o a CP r mCI J r0 *p N Y G O 01 O r a N � C J Y 0 A c a A u ao c g�iu£i x d � yF 22° �avvvz a mmmm1 N 1LL .O.i > > > > f V C 'O N u dv EE u d ori K' an o o n N 4L V1 h m m N r r aL+ L N Y L r r N r C o o G 0 o 0 0 0 0 o o E E E E E o 0 0 0 o £ E E o o 0 0 0 E E £ m m m m m m m m mm m A m m°0n �u t o a CP r mCI J r0 *p N Y G O 01 O r a N � i C O L C 0 L c a A u ao c g�iu£i E a � yF 22° �avvvz C a mmmm1 N 1LL .O.i > > > > f r £ m W M JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 2, 2022 SUBJECT: Quarterly Investment Report for Quarter Ending 9/30/2022 BACKGROUND 8r Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of fiscal year 2022. This report was reviewed by our investment advisory committee on December 1, 2022. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 37 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 Telephone: (772) 226-1516 Indian River County Investment Advisory Committee Quarterly Investment Report July 1, 2022 through September 30, 2022 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court & Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are the Clerk of the Circuit Court & Comptroller, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.0 1, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended September 30, 2022 was 1.09%. The overall average yield for the quarter ended June 30, 2022 was 0.62°/x. INVESTMENT ACTIVITY As of September 30, 2022, the investments portfolio book value was $468,730,909 with a market value of $456,983,981. Of the $468,730,909 portfolio total, $381,876,069 is restricted for the following purposes: $ 133,460,415 Special revenue projects $ 615,438 Debt service $ 88,186,822 Capital projects $ 158,829,943 Business -type activities 783,451 Fiduciary funds $ 381,876,069 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Fiduciary Business- 0.2% Type Special 4L5 _Revenue 35.0% Debt Service 0.1% Capital Projects 23.1% The weighted average maturity of the treasury and agency investments as of September 30, 2022 is 14 months. Coupon yields on the individual investments ranged from 0.10% to 4.50%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending September 30, 2022: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 39 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2022 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 054 0.445% $ 3,000,000.00 $ 2,992,200.00 40 1oft 09/30/22 Coupon! Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity ParAmount Book Value % FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 0.04 0.165% $ 3,000,000.00 $ 2,999,700.00 FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 0.32 0.308% $ 3,000,000.00 $ 2,995,500.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 036 0.110% 5 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 0.40 0.156% 5 3,000,000.00 $ 2,996,760.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 0.44 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMSTO 0.140% 03/10/21 03/10/23 0.44 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 0.61 0.225% 5 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 0.61 0.160% $ 3,000,000.00 $ 2,997,900.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 0.71 0.200% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMS37 0.125% 11/16/21 07/14/23 0.79 0.429% $ 3,000,000.00 5 2,984,940.00 FFCB Callable 3133EL519 0.300% 12/03/21 09/01/23 092 0.503% $ 3,000,00).00 $ 2,989,440.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 1.03 0578% 5 3,00,000.00 $ 2,984,070.00 FFCB Callable 3133ENBN9 0340% 10/20/21 10/20/23 1.05 0.340% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENN15 1.180% 02/09/22 02/09/24 1.36 1.180% 5 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 IA1 0.291% 5 3,000,000.00 $ 2,997,000.00 FFCBCallable 3133ENQXI 1.670% 03/08/22 03/08/24 1.44 1.670% 5 3,000,000.00 $ 3,000,000.00 FFCBCallable 3133ENCVO 0.670% 11/02/21 05/02/24 159 0.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENQC7 1940% 03/03/22 09/03/24 193 1.940% 5 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 2.07 0.700% $ 3,000,000.00 $ 3,000,000.00 5 57,000,000.00 $ 56,939,070.00 12.16% FHLB Bullet 3130ALRGI 0.125% 12/03/21 03/17/23 0.46 0351% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 3130AM5P3 0.180% 04/28/21 04/28/23 058 0180% $ 3,000,000.00 S 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 0.67 0183% $ 3,000,000.00 $ 2,996,700.00 FHLB Callable 313OAKL38 0.155% 12/30/20 06/30/23 0.75 0.155% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 0.86 0.2209E $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AD(D6 0.125% 09/28/21 09/08/23 094 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 313OAQDWO 0.650% 12/29/21 12/29/23 1.25 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OA0,5T6 0.750% 12/29/21 12/29/23 1.25 0.750% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANFPO 0350% 08/23/21 02/23/24 1.40 0350% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 1.45 0.820% $ 3,000.000.00 $ 3,000,000.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 157 2.625% $ 1000,000.00 $ 3,OOOAW-00 FHLB Callable 3130AMV33 0300% 06/29/21 04/29/24 158 0300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM1 0375% 06/03/21 06/03/24 1.68 0375% $ 1000,000.00 $ 3,000,000.00 FHLB Callable 31WAMLM2 0375% 06/07/21 06/07/24 1.69 0375% 5 3,000,000-00 $ 3.000,000.00 FHLB Callable 3130AMKX9 OA00% 06/07/21 06/07/24 1.69 0.400% S 3,00,000.00 $ 3,000,000.00 FHLB Callable 313CAMKZ4 0.400% 06/10/21 06/10/24 1.70 0.400% $ 3A0,000.00 $ 3,0011,000.00 FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 1.71 0900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSFO 0.400% 07/01/21 06/28/24 1.75 0.471% $ 3,000,000.00 $ 2,993,700.00 FHLB Callable 3130AKUQO 0.475% 07/12/21 07/12/24 1.78 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/1Z/21 07/12/24 1.78 0520% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 1.88 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 190 1.000% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130ANVA5 0.500% 09/10/21 09/10/24 195 0500% $_ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 196 0500% $ 3,000,000.00 $ 3,000,000-00 FHLB Callable 3130APAA3 0555% 10/21/21 10/21/24 2.06 0555% $ 1000,000.00 $ 3,000,000.00 $ 75A0,000A0 $ 74,973,000.00 16.01% FHLMCCallable 3134GW7EO 0.200% 11/16/20 02/16/23 0.38 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEQ8 0375% 11/24/21 04/20/23 055 0398% $ 3,000,000.00 $ 2,999,040.00 FHLMC Callable 3134GXEX8 0.250% 12/02/20 06/01/23 0.67 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 0.74 0334% $ 3,000,000.00 $ 2,995,770.00 FHLMC Bullet 3137EAEV7 0.250% 11/22/21 08/24/23 090 0.433% $ 3,00,000.00 $ 2,990,400.00 FHLMC Bullet 3137EAEW5 0.250% 09/28/21 09/08/23 094 0.276% $ 3,000,000.00 $ 2,998,500.00 FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 1.04 0505% $ 3,000,000.00 $ 2,978,340.00 FHLMC Callable 3134GW6E1 0320% 07/06/21 11/02/23 1.09 0320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZ8 0.250% 11/24/21 11/06/23 1.10 0579% $ 3,000,000.00 $ 2,980,890.00 FHLMC Bullet 3137EAEZ8 0.250% 10/08/21 11/06/23 1.10 0.286% 5 3,000,000.00 $ 2,997,750.00 FHLMC Callable 3134GXMM3 1.850% 03/22/22 03/22/24 1.48 1LA50% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXPH1 2.020% 03/30/22 03/28/24 1.49 2.020% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXUH5 3.000% 05/27/22 05/24/24 1.65 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXT61 4.000% 09/13/22 09/13/24 1.96 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 313403134 4.500% 09/30/22 09/30/24 2.00 4500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134006 3.500% 06/30/22 09/30/24 2.00 3.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXB8 4.000% 07/18/22 10/18/24 2.05 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXRCO 3.000% 05/05/22 11/05/24 2.10 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXK86 4.000% 08/18/22 11/18/24 2.14 4.000% $ 2,000,000.00 5 2,000,000.00 $ 52,000,000.00 $ 51,940,690.00 11.09% FNMA Bullet 3135GO4Q3 0.250% 11/12/21 05/22/23 0.64 0375% $ 3,000,000.00 $ 2,994,300.00 FNMA Bullet 313SG04Q3 0.250% 03/18/22 05/22/23 0.64 1.540% $ 3,000,000.00 $ 2,955,000.00 FNMA Bullet 3135GO5G4 0.250% 09/29/21 07/10/23 0.78 0.250% 5 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GO5G4 0.250% 11/22/21 07/10/23 0.78 0367% $ 3,000,000.00 $ 2,994,300.00 FNMA Callable 3135GO5T6 0.350% 11/18/21 08/18/23 0.88 0.488% $ 3,000,000.00 $ 2,992,770.00 FNMACallable 3136G47L3 0.350% 09/28/21 04/26/24 157 0.434% $ 3,000,000.00 5 2,993,520.00 $ 18,000,000.00 S 17,929,890.00 3.83% Treasury Note 91282CBG5 0.125% 12/13/21 01/31/23 0.34 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 91282CBGS 0.125% 10/26/21 01/31/23 034 0.212% $ 3,000,000.00 $ 2,996,700.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 0.41 0.275% $ 3,000,000.00 $ 2,994,000.00 Treasury Note 912828ZD5 0.500% 02/15/22 03/15/23 0.45 1.217% $ 3,000,000.00 $ 2,977,031.25 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 0.50 0.368% $ 3,000,000.00 $ 2,990,160.00 Treasury Note 912828ZH6 0.250% 02/14/22 04/15/23 0.54 1.220% $ 3,000,000.00 $ 2,966,250.00 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 054 0.445% $ 3,000,000.00 $ 2,992,200.00 40 1oft Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2022 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 2 oft $ 8,705,428.94 1.86% $ 468,357,110.00 100.00% $373,79931 $468,730,909.31 41 09!30/22 Coupon! Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 91282CBN8 0.125% 10/26/21 04/30/23 0.58 0311% $ 3,000,000.00 $ 2,991,600.00 Treasury Note 912828ZP8 0.125% 02/14/22 05/15/23 0.62 1.259% $ 3,000,000.00 $ 2,958,000.00 Treasury Note 9128282Y9 0.125% 05/17/21 07/15/23 0.79 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 912828592 1.250% 02/15/22 07/31/23 0.83 1392% $ 3,000,000.00 $ 2,993,850.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 o.83 0.451% $ 3,000,000.00 $ 2,983,380.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 0.87 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 092 0.262% $ 4,000,000.00 $ 3,989,520.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 096 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 912828T26 1375% 02/15/22 09/30/23 1.00 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CD46 0.250% 10/19/21 09/30/23 1.00 0.405% $ 3,000,000.00 $ 2,991,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 1.04 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 1.04 0.499% 5 3,000,000.00 S 2,978,700.00 Treasury Note 91282CDDO 0375% 11/01/21 10/31/23 1.08 0501% $ 3,000,000.00 $ 2,992,500.00 Treasury Note 91282CAWI 0.250% 09/27/21 11/15/23 1.13 0.306% $ 4,000,000.00 $ 3,995,200.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 1.29 0.271% $ 3,000,000.00 $ 2,9891050-00 Treasury Note 91282CREO 0.125% 11/16/21 01/15/24 1.29 0596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 91282CDVO 0.875% 05/19/22 01/31/24 134 2.588% $ 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDVO 0.875% 03/23/22 01/31/24 134 2.158% $ 3,000,000.00 $ 2,930,190-00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 138 0.288% $ 3,000,000.00 $ 2,987,343.75 Treasury Note 91282CEJ15 1500% 03/23/22 02/29/24 1.42 2.154% $ 3,000,000.00 $ 2,962,968.75 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 1.46 0327% $ 3,000,000.00 $ 2,994.090.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 1.46 0547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBV2 0375% 09/27/21 04/15/24 154 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0375% 10/19/21 04/15/24 154 0572% $ 3,000,000.00 $ 2,985,450-00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 1.62 0.770% $ 3,000,000.00 $ Z95Z170-00 Treasury Note 91282CCC3 01%% 08/23/21 05/15/24 1.62 0375% $ 3,000,000.00 $ 49991860.00 Treasury Note 912828M 2.000% 04/07/22 05/31/24 1.67 2552% $ 3,000,000.00 $ 2,965,560-00 Treasury Note 91282CCL3 0375% 10/08/21 07/15/24 1.79 0500% $ 3,000,000.00 $ 2,989,710.00 Treasury Note 9128282N9 2.125% 07/19/22 07/31/24 1.84 3.157% $ 2,0001000.00 $ 1,959,660.00 Treasury Note 91282CCT6 0.375% 12/03/21 08/15/24 1.88 0.825% $ 3,000,000.00 $ 2,964,000.00 $ 121,000,000.00 $ 120,316,64750 25.69% Regions Bank Money Market $ 2,093,414.41 0.44% Regions Bank Lockbox Accounts $ 1,82 726 0.3996 TO Bank Checking Account $ 21,212,83025 4.53% BankUnited Money Market $ 24,72!1,58936 5-15% Valley National Bank Government Interest Checking $ 13,051,23451 2.79% Marine Bank Business Money Market $ 172-00 0.00% Florida Trust Day to Day Fund $ 25,200,176.67 5.37% FL STAR $ 20,169,916-11 4.31% FL CLASS - BOCC Funds $ 29,882,242-99 6.38% Total General Cash & Equivalents -Unrestricted S 459,651,681.06 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 2 oft $ 8,705,428.94 1.86% $ 468,357,110.00 100.00% $373,79931 $468,730,909.31 41 42 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2022 09/30/22 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 0.04 0.165% 5 3,000,000.00 5 2,999,700.00 $ 3,000,000.00 FFCB Bullet 3133ENBT6 0.180% 11/23/21 01/25/23 0.32 0.308% 5 3,000,000.00 5 2,995,500.00 Treasury Note 91282CBGS 0.125% 12/13/21 01/31/23 0.34 0.350% $ 3,000,000.00 $ 2,992,380.00 Treasury Note 912820005 0125% 10/26/21 01/31/23 0.34 0.212% 5 3,000,000.00 $ 2,996,700.00 $ 9,000,000.00 FFCB Callable 3133EMQKB 0.110% 02/10/21 02/10/23 0.36 0.110% $ 3,000,000.00 5 3,000,000.00 FHLMC Callable 3134GW7EO 0.200% 11/16/20 02/16/23 0.38 0.200% $ 3,000,000.00 5 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 0.40 0.156% $ 3,000,000.00 $ 2,996,760.00 Treasury Note 91282CBNO 0.125% 10/29/21 02/28/23 0.41 0.275% $ 3,000,000.00 $ 2,994,000.00 $ 12,000,000.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 0.44 0.152% $ 3,000,000.00 5 2,998,500.00 FFCB Callable 313XMSTO 0.140% 03/10/21 03/10/23 0.44 0.140% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828ZDS 0.500% 02/15/22 03/15/23 0.45 1.217% 5 3,000,000.00 $ 2,977,031.25 FHLB Bullet 3130ALRG1 0.125% 12/03/21 03/17/23 OA6 0.351% 5 3,000,000.00 $ 2,991,300.00 Treasury Note 91282CBU4 0.125% 11/23/21 03/31/23 050 0.368% $ 3,000,000.00 5 2,990,160.00 $ 15,000,000.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 058 0.180% $ 3,000,000.00 5 3,000,000.00 Treasury Note 912828ZH6 0.250% 12/13/21 04/15/23 054 0.445% $ 3,000,000.00 5 2,992,200.00 Treasury Note 912828ZH6 0.250% 02/14/22 04/15/23 054 1.220% $ 3,000,000.00 $ 2,966,250.00 FHLMC Bullet 3137EAEQB 0.375% 11/24/21 04/20/23 055 0398% $ 3,000,000.00 $ 2,999,040.00 Treasury Note 91282CBX8 0.125% 10/26/21 04/30/23 058 0311% $ 3,000,000.00 $ 2,991.600.00 $ 15,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 0.61 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 0.61 0.160% $ 3,000,000.00 $ 2,997,900.00 Treasury Note 912828ZP8 0.125% 02/14/22 05/15/23 0b2 1.259% $ 3,000,000.00 $ 2,958,000.00 FNMA Bullet 3135G04Q3 0.250% 03/18/22 05/22/23 0L4 1540% $ 3,000,000.00 5 2,955,000.00 FNMA Bullet 3135G04Q3 0.250% 11/12/21 05/22/23 0.64 0375% $ 3,000,000.00 $ 2,994,300.00 $ 1510001000.00 FHLMC Callable 3134GXEX8 0250% 12/02/20 06/01/23 0b7 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRYO 0.125% 07/09/21 06/02/23 0.67 0.183% $ 3,000,000.00 $ 2,996,700.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 0.71 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAES4 0.250% 10/20/21 06/26/23 0.74 0334% $ 3,000,000.00 $ 2,995,770.00 FHLB Callable 3130AKL38 0.155% 12/30/20 06/30/23 0.75 0.155% 5 3,000,000.00 $ 3,000,000.00 $ 15,000,000.00 FNMA Bullet 3135G05G4 0.250% 09/29/21 07/10/23 0J8 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135G05G4 0.250% 11/22/21 07/10/23 0.78 0.367% $ 3,000,000.00 $ 2,994,300.00 FFCB Bullet 3133EMS37 0125% 11/16/21 07/14/23 0.79 0.429% $ 3,000,000.00 $ 2,984,940.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 0J9 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 912828592 1250% 02/15/22 07/31/23 0.83 1392% $ 3,000,000.00 $ 2,993,850.00 Treasury Note 91282CCN9 0.125% 11/16/21 07/31/23 0.83 0.451% $ 3,000,000.00 $ 2,983,380.00 $ 21.000,000.00 FHLB Callable 313MN7N4 0.221% 08/10/21 08/10/23 0.86 0.220% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91292COLFS 0.125% 05/26/21 08/15/23 0.87 0.175% $ 6,000,000.00 $ 5,993,400.00 FNMA Callable 313SMST6 0350% 11/1$/21 08/18/23 0.88 0.488% 5 3,000,000.00 $ 2,992,770.00 FHLMC Bullet 3137FAEV7 0.250% 11/22/21 08/24/23 090 0.433% $ 3,000,000.00 $ 2,990,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 092 0.262% $ 4,000,000.00 $ 3,989,520.00 $ 19,000AWAO FFCB Callable 3133ELS19 0300% 12/03/21 09/01/23 092 0503% $ 3,000,000.00 $ 2,989,440.00 FHLB Bullet 3130ADM 0.125% 09/28/21 09/08/23 094 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLMC Bullet 3137EAEW5 0.250% 09/28/21 09/08/23 094 0.276% $ 3,000,000.00 $ 2,998,500.00 Treasury Note 91282CA¢7 0.125% 05/20/21 09/15/23 096 0.181% 5 6,000,000.00 $ 5,992,200.00 Treasury Note 912828726 1.375% 02/15/22 09/30/23 1.00 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 1.00 0.405% 5 3,000,000.00 $ 2,991,000.00 $ 21,000,000.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 1.03 0.578% $ 3,000,000.00 $ 2,984,070.00 Treasury Note 91282CNP6 0.125% 08/23/21 10/15/23 1.04 0.250% 5 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 1.04 0.499% $ 3,000,000.00 $ 2,978,700.00 FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 1.04 0.505% 5 3,000,000.00 $ 2,978,340.00 FFCB Callable 3133ENBM 0.340% 10/20/21 10/20/23 1.05 0.340% 5 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 1.08 0.501% $ 3,000,000.00 $ 2,992,500.00 $ 18,000,000.00 FHLMCCallable 3134GW6E1 0320% 07/06/21 11/02/23 1.09 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEZB 0.250% 10/08/21 11/06/23 110 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Bullet 3137EAEZB 0.250% 11/24/21 11/06/23 110 0579% $ 3,000,000.00 $ 2,980,890.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 1.13 0306% $ 4,000,000.00 $ 3,995,200.00 $ 13,000,000.00 FHLB Callable 313M0JDW0 0.650% 12/29/21 12/29/23 125 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313MQ5T6 0.750% 12/29/21 12/29/23 1.25 0.750% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 129 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 1.29 OS%% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 91282CDVO 0.875% 05/19/22 01/31/24 134 2588% 5 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDVO 0.875% 03/23/22 01/31/24 134 2.158% $ 3,000,000.00 $ 2,930,190.00 $ 111000,000.00 FFCB Bullet 3133ENNJ5 1.180% 02/09/22 02/09/24 136 1.180% $ 3,000,000.00 5 3,000,000.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 1.38 0.288% $ 3,000,000.00 $ 2,987,343.75 FHLB Callable 3130ANFPO 0.350% 08/23/21 02/23/24 1.40 0350% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 1.41 0.291% $ 3,000,000.00 $ 2,997,000.00 Treasury Note 91282CEA5 1.500% 03/23/22 02/29/24 1.42 2.154% $ 3,000,000.00 $ 2,962,968.75 $ 15,000,000.00 FFCB Callable 3133ENQX3 1.670% 03/08/22 03/08/24 1.44 1.670% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 1.45 0.820% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 1.46 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 1.46 0.327% $ 3,000,000.00 $ 2,994,090.00 FHLMCCallable 3134GXMM3 1.850% 03/22/22 03/22/24 1.48 1.850% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXPH1 2.020% 03/30/22 03/28/24 1.49 2.020% $ 3,000,000.00 $ 3,000,000.00 $ 18,000,000.00 Treasury Note 91282CBV2 0375% 09/27/21 04/15/24 154 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 154 0.572% $ 3,000,000.00 $ 2,985,450.00 FNMA Callable 3136G47L1 0.350% 09/28/21 04/26/24 157 0.434% $ 3,000,000.00 $ 2,993,520.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 157 2.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0300% 06/29/21 04/29/24 156 0.300% $ 3,000,000.00 $ 3,000,000.00 $ 16,000,000.00 FFCB Callable 31L33ENCVG 0.670% 11/02/21 05/02/24 159 0.670% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912820003 0.250% 12/03/21 05/15/24 1.62 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 91282CCC3 0.250% 00/23/21 05/15/24 1.62 0.375% $ 3,000,000.00 $ 2,989,860.00 FHLMC Callable 3134GXUHS 3.000% 05/27/22 05/24/24 1.65 3.000% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828X72 2.000% 04/07/22 05/31/24 1.67 2.552% $ 3,000,000.00 $ 2,965,560.00 $ 15,000,000.00 FHLB Callable 3130AMMM3 0375% 06/03/21 06/03/24 1.68 0.375% $ 3,0013,000.00 $ 3,000,000.00 FHLB Callable 3190AMLM2 0.375% 06/07/21 06/07/24 1.69 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 1.69 0.400% $ 3,000,000.00 $ 3,000,000.00 Soft 42 Regions Bank Money Market Regions Lockbox Accounts TO Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market Florida Trust Day to Day Fund FL STAR FL CLASS - BOCC Funds Total General Cash & Equivalents - Unrestricted Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2022 Coupon/ Purchase Maturity Investment Type CUSIP Yield Date Date FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 FHLB Callable 3130APYD1 0.900% 12/14/21 06/14/24 FHLB Callable 3130AMSFD 0.400% 07/01/21 06/28/24 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 Treasury Note 9128282N9 2.125% 07/19/22 07/31/24 Treasury Note 91282CCT6 0.375% 12/03/21 08/15/24 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 FFCB Callable 3133ENQC7 1940% 03/03/22 09/03/24 FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 FHLMCCallable 3134GXT61 4.000% 09/13/22 09/13/24 FHLB Callable 3130ANRP7 0.500% 09/33/21 09/13/24 FHLMCCallable 3134GX3D4 4.500% 09/30/22 09/30/24 FHLMCCallable 3134GXZJ6 3.500% 06/30/22 09/30/24 FHLMCCallable 3134GXB8 4.000% 07/18/22 10/18/24 FHLBCallable 3130APAA3 0.555% 10/21/21 10/21/24 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 FHLMCCallable 3134GXRCO 3.000% 05/05/22 11/05/24 FHLMC Callable 3134GXK86 4.000% 08/18/22 11/18/24 Sub Total - General Investments $ 2,000,000.00 2,000,000.00 Regions Bank Money Market Regions Lockbox Accounts TO Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market Florida Trust Day to Day Fund FL STAR FL CLASS - BOCC Funds Total General Cash & Equivalents - Unrestricted Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2022 2d2 $2,093,414.41 $1,821,807.26 $21,212,830.25 $24,120,589.36 $13,051,234.51 $172.00 $25,200,176.67 $20,169,91611 $29,882,24299 $ 459,651,683.06 $ 8,705,428.94 $ 468,357,110.00 $373,799.31 $ 468,730,909.31 09/30/22 Years To Yield To Original Maturity Maturity Par Amount Book Value Mo Cash Flow 1.70 0.400% $ 3,000,000.00 $ 3,000,000.00 1.71- 0.900% $ 3,000,000.00 $ 3,000,000.00 1.75 0.471% $ 3,000,000.00 $ 2,993,700.00 $ 18,000,000.00 1.78 0.475% $ 3,000,000.00 $ 3,000,000.00 1.78 0520% $ 3,000,000.00 3,000,000.00 1.79 0500% $ 3,000,000.00 2,989,710.00 1.84 3.157% $ 2,000,000.00 $ 1,959,660.00 $ 11,000,000.00 1.88 0.825% $ 3,000,000.00 2,964,000.00 1.88 1.000% $ 3,000,000.00 3,000,000.00 190 1.000% $ 3,000,000.00 3,000,000.00 $ 9,000,000.00 193 1.940% $ 3,000,000.00 $3,000,000.00 195 0.500% $ 3,000,000.00 3,000,000.00 1.96 4.000% S 2,000,000.00 $ 2,000,000.00 196 0.500% $ 3,000,000.00 $' 3,000,000.00 2.00 4.500% $ 2,000,000.00 �_ - 2,000,000.00 2.00 3500% $ 2,000,000.00 2,000,000.00 $ 15,000,000.00 2.05 4.000% $ 2,000,000.00 2,000,000.00 2.06 0555% $ 3,000,000.00 3,000,000.00 2.07 0.700% $ 3,000,000.00 $ 3,000,000.00 $ 8,000,000.00 2.10 3.000% $ 3,000,000.00 $ 3,000,000.00 2.14 4.000% $ 2,000,000.00 $ 2,000,000.00 $ 5,000,000.00 $ 323,000,000.00 $ 322,099,29750 5 323,000,000.00 2d2 $2,093,414.41 $1,821,807.26 $21,212,830.25 $24,120,589.36 $13,051,234.51 $172.00 $25,200,176.67 $20,169,91611 $29,882,24299 $ 459,651,683.06 $ 8,705,428.94 $ 468,357,110.00 $373,799.31 $ 468,730,909.31 Schedule 3 Indian River County Portfolio By Maturity Date September 30, 2022 $350,000,000 -- I $300,000,000 $291,279,867 $250,000,000 $200,000,000 $164,451,042 $150,000,000 -- $1001000,000 -- i $50,000,000 - $13,000,000 $o i 0-12 Months 13-24 Months 25+36 Months Total Portfolio $468,730,909 FL STAF 4.31% FL Tr Treasury Not Schedule 4 Indian River County Portfolio By Type September 30, 2022 Sank 2.79% ik Checking •.53% LB 16.01 % 45 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending September 30, 2022 PURCHASES: Investment Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value FHLMC Callable 4.000% 07/18/22 10/18/22 10/18/24 $ 2,000,000.00 $ 2,000,000.00 Treasury Note 3.157% 07/19/22 07/31/24 $ 2,000,000.00 $ 1,959,660.00 FHLMC Callable 4.000% 08/18/22 11/18/22 11/18/24 $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 4.000% 09/13/22 12/13/22 09/13/24 $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 4.500% 09/30/22 12/30/22 09/30/24 $ 2,000,000.00 $ 2,000,000.00 5 $ 10,000,000.00 1 $ 9,959,660.00 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value FHLMC Bullet 0.146% 11/17/20 07/25/22 $ 3,000,000.00 $ 21998,950.00 FHLB Callable 0.260% 07/28/20 07/28/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 0.121% 03/17/21 08/02/22 $ 3,000,000.00 $ 21999,130.00 FFCB Callable 0.120% 12/22/20 09/22/22 $ 3,000,000.00 $ 3,000,000.00 Treasu Note 0.743% 02/18/22 09/30/22 $ 3,000,000.00 $ 2,988,690.00 5 $ 15,000,000.00 $ 14,986,770.00 $ 327,126,407.50 5 securities $ 9,959,660.00 5 securities $ 14,986,770.00 $ 322,099,297.50 M October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cashllnvestment Accounts Comparison of Six Fiscal Years September 30, 2022 18,257,137 Fiscal Year 2016-2017 Month End Bal* Net Chane Month End Bal* S (6,856,660) $ 314,462,401 S 29,862,090 S 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) S 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 S 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) S 371,977,964 $ (6,628,797) S 365,349,167 S (10,868,408) $ 354,480,759 S (9,027,471) S 345,453,288 $ 5,877,090 S 339,576,198 18,257,137 12,246,355 Fiscal Year 2017-2018 Fiscal Year 2019-2020 Month End Bal* Net Chane S 331,604,874 Month End Bal* $ (9,260,244) $ 370,053,869 S 39,158,339 $ 409,212,208 $ 47,023,081 S 456,235,289 $ (6,941,131) S 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) S 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) S 408,765,595 $ (7,041,321) $ 401,724,274 $ (10,163,806) $ 391,560,468 12,246,355 Fiscal Year 2017-2018 Net Chane Month End Bal* S (7,971,324) S 331,604,874 S 33,131,597 $ 364,736,471 $ 41,846,074 S 406,582,545 S (5,758,898) $ 400,823,647 $ 5,191,358 S 406,015,005 S (4,784,411) $ 401,230,594 1,577,951 S 402,808,545 S (6,945,787) $ 395,862,758 $ (9,710,169) S 386,152,589 S (2,464,004) S 383,688,585 S (8,022,779) $ 375,665,806 S 6,810,637 S 368,855,169 S 29,278,971 Fiscal Year 2020-2021 Net Change Month End Bal* $ (8,561,737) S 382,998,731 S 39,238,741 $ 422,237,472 S 57,117,548 $ 479,355,020 S (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 S 295,126 $ 464,791,950 (5,748,174) S 459,043,776 S (11,764,390) S 447,279,386 S (11,517,721) $ 435,761,665 S (7,438,252) S 428,323,413 S 36,762,945 Fiscal Year 2018-2019 Net Chane Month End Bal* S (6,577,674) S 362,277,495 S 48,128,205 S 410,405,700 S 31,350,078 $ 441,755,778 S (9,877,034) $ 431,878,744 S 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) S 428,290,487 S (8,379,243) $ 419,911,244 S (9,758,699) $ 410,152,545 S (13,728,763) $ 396,423,782 S (11,767,333) $ 384,656,449 S 5,342,336 $ 379,314,113 10,458,944 Fiscal Year 2021-2022 Net Change Month End Bal* S 302,966 $ 428,626,379 $ 63,526,149 $ 492,152,528 $ 25,611,495 $ 517,764,023 S 872,988 $ 518,637,011 S (7,201,984) $ 511,435,027 S (17,106,146) $ 494,328,881 $ (11,640,607) $ 482,688,274 S (5,845,338) $ 476,842,936 S (9,580,769) $ 467,262,167 $ 6,361,893 $ 473,624,060 S (5,770,624) $ 467,853,436 S (11,243,253) S 456,610,183 28,286,770 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. 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U = W eeeexeeeesa�� ,Iq1, RRRNN ex:eeeeee sen RRRRRRRR nnnn�n�esye� C 000o00o ood000000000 oo00o00ocoll �O�m000mYYA Nm^^O nvlD C Nt190N�YNf� N^YO.mN C' H �l C WN NNNN N M N N N N N N N N N N N N N N N N N N NNNN N N N MNN N e ne eeyb( a see sees e sees see C NN NNN^ ------ ^ ^^ ^OOC 0.86 0000 000000 000000 b8v5^m�S�^w mFtgR e'8�a$Rn�AmYAs� RUH�loo,O2NR w t-NNNNNN. mE v s w YoA'�v�ngMSF N .-w-www ^ N�88:RB�owSm NNN.........NNNNNN�BNtl1NN $StS��mm�^o m�� N P R,s^ N N N N N N Nn N ^NNNN N oZm�LLsa�'�' Opb�F��T`��dES"`NRX E f��am o c d � G F 6E 5 m Oma _ � 3 E o F v BCo� `o E 32.E Eoa� f82�0�EQ' E m L W m F m a z^NMY W Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of September 30, 2022 General Fund Special Revenue Funds Debt Service Funds Capital Project Fund Solid Waste Fund Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds Information Technology Fund Fiduciary Fund Total Investments Pooled Investments $ 74,734,114 $ 133,460,415 $ 615,438 $ 88,186,822 $ 31,172,260 $ 2,256,503 $ 6,978,268 $ 80,808,974 $ 122 $ 34,934,525 $ 2,679,291 $ 783,451 $ 456,610,183 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 49 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 274' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy of Finance THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 1, 2022 I COIl9PT U 77 aR�Lt�R COUHtj E`' SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 09/30/22 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of September 30, 2022, the balance in the Fund is $198,360. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 50 CNaVN U C C N C � m • w � m � aC U)O > 7 Ji W ~ A c N cl O e ?W y y 0 C ~ W .52 O IL ~ LU C W lcos 2 LL NN� A O v e N N O O N M .6 .6 4 N £I N at a N N M C 01 fO+! O pU N N CS y N N M M y M LL O M O q N N UT O ONNN p�N IH Hr m V: N NN N O M LL OtO9 O q � N N P.- GO In m N UH n pU O� ayD_ 0)a M " m pyO O N N 1OfiN m aK N as O N LL O M O p N N y A Ue N N0 0 N M m V m Lb Y O N LL O q N N M m w N N N m V m V N M Py9 m } G LL N N q y oI a r� o r rn 29N� 9 1 mm 'C"n NO N N yp .0� m a m rn y p NUN OI M N M m N W r to N r y M >'O aO9 U. O � N N M� N V N n M O r o�Ne mm m v } ff � LL O q N N A COtlN O cc 1l') m O 'D tV V M RO tV N f d N O � O a N N M N� t� 00 M aM0 �O{ Of In KI m N'N N �O tO9 O q N N Opp W N Nb 10 pO N OO PN QOl tD M tD f7 a t�C4 aDP �� UO M mGCN M p N O fO'l IL N N LL U C C N C � m • w � m � aC U)O > 7 Ji W ~ A c N cl O e ?W y y 0 C ~ W .52 O IL ~ LU C W W C, 2 LL LL JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Internal Audit Division 2000 161 Avenue Vero Beach, FL 32960 Telephone: (772) 226-3108 TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 2, 2022 &coMAT R0`OIL C� V Ri1*ER COu'o" SUBJECT: Quarterly Tourist Development Tag Report for Quarter Ending 09/30/2022 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended September 30, 2021 and 2022. The report now shows two categories of activity. In order to be in conformity with F.S. 213.0535(5) regarding confidentiality, the number of categories reported had to be reduced from five to two. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 52 J 000 � 0 0 0 0 p CT O F�Ooo yy [� N O 0 en CIA W) 'IT �o O 'It .,+ lD N y C N N V n + O O %0 N 00 Is O� 5R 0 0 0 as p O O O ° F M r-: o y.y 0 �o 00 er '~ [� w Q C M V1 W O CA WM �c N 00 O1 69 L d E m JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Internal Audit Division 2000 161h Avenue Vero Beach, FL 32960 Telephone: (772) 226-3108 DATE: December 2, 2022 TO: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of the Circuit Court and Comptroller FROM: Edward Halsey, CPA, CGFO, CIA Internal Audit Director SUBJECT: Internal Audit Division Annual Report I respectfully present the fiscal year 2022 annual report of the Internal Audit Division which was created in the Clerk of the Circuit Court and Comptroller's (Clerk) office to carry out internal audit activities for the Clerk and the Board of County Commissioners (Board). The following are highlights of internal audit work completed through September 30, 2022: • Reviewed approximately 170 guardianship files at the Courthouse. • Sent tourist development tax letters of inquiry to owners resulting in 28 owners registering to pay the tax. • Performed two hotel tourist tax audits bringing in $6,008 in tourist tax collections. Desk audits of eighteen residential/condo yielded $10,578 in tourist tax collections. • Conducted audits of the health insurance fund claims (including prescription claims) to ensure that the payments were on behalf of eligible participants. • Conducted surprise change fund and petty cash counts at all Board and Clerk locations. • Reviewed invoices for payments to the Board funded non -profits. • Reviewed invoices for payments pursuant to the CARES Act/the American Rescue Plan Act (ARPA). • Reviewed the quarterly investment reports and monthly investment statements prepared by the Finance Director. • Conducted a review of FPL's franchise fee remiittances. • Completed a review of the consultants of the landfill, building division and golf course. • Completed onsite reviews of three charities supported by the Board. • Completed a review of the Contract Bidding (Procurement) using sampling. • Completed a review of the Building Division's inspection process. • Performed monthly audits of MUNIS vendor changes. • Signed off on the Supervisor of Elections' Attestation Statement concerning controls over personal data of the Department of Highway Safety and Motor Vehicles. • Completed an audit of the capital asset disposals and conducted follow-up with the Utilities and Public Works Departments. • Completed an audit of Road and Bridge's operational processes. • Completed an audit of PCI Compliance and developed a PCI Compliance Policy not yet approved. • Monitored the Senior Resource Association's Meals on Wheels billings and supporting documentation. • Conducted risk assessments of grant subrecipients. • Conducted a search for fictitious vendors by matching vendor and employee addresses of both the Board and Clerk. None found. • Sent letters of inquiry to local banks to determine if any unauthorized accounts were established in the name of the Clerk or the Board. None found. • Reviewed the Clerk monthly Title IVD reimbursement submissions and other monthly/quarterly reports. 54 • Reviewed the Clerk travel vouchers and spot checked the Board travel vouchers. • Spot checked the Emergency Services Fleet inventory. • Reviewed the Board's payroll changes for completeness on a random basis. • Reviewed the Clerk's payroll changes for completeness. • Reviewed annual reports and meeting agendas of Career Source. • Reviewed the Emergency Services fuel purchases. • Performed ongoing inventories of evidence items in the Clerk vaults. • Monitored indigent burial costs. • Monitored construction retainage accounts. • Prepared the Statistical Section of the fiscal year 2020/2021 Annual Comprehensive Financial Report. • Reviewed the fiscal year 2020/2021 Annual Comprehensive Financial Report. • Scanned the Board's general ledger accounts across all funds to detect irregularities. None found. • Scanned the Clerk's general ledger accounts across all funds to detect irregularities. None found. • Reviewed the Board's purchasing card transactions. • Reviewed the Finance Department's internal control processes of the Board. • Reviewed third party vendors of the Board and Clerk for going concern and performance. • Sent letters to department heads and constitutional officers as part of the Annual Audit Plan development process. • Served as point person between Clerk and James Moore consultant for the Clerk's cybersecurity assessment and penetration testing. • Developed an entity wide risk assessment and audit plan for the Board. As part of the routine Comptroller Division responsibilities, the internal audit activities performed include: • Monitored leases for compliance and to make sure payments are made (lessee) and payments are received (lessor). • Monitored grants for compliance and to make sure reimbursements are received. • Reviewed invoices to make sure discounts are taken. • Completed annual audits of the capital assets of each Board department; Clerk; Property Appraiser, Tax Collector; Supervisor of Elections; SRA; and Health Department Trainine/Certification: • Served as the District 5 Director of the Florida Tourist Development Tax Association (FTDTA). Received two awards at the FTDTA annual conference: the Region 5 Director Award and the FTDTA Distinguish Award. • Received training at the annual FTDTA conference.. • Made a presentation called Effective. Affordable Internal Auditing for Small Counties at the Florida Court Clerks and Comptrollers 2022 Winter Conference. • Received training on internal audit provided by the Florida Court Clerks and Comptrollers. • Audited the financials of the Florida Space Chapter of the Institute of Internal Auditors. 55 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation Date: November 29, 2022 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Director Parks & Recreation From: Wendy Swindell, Conservation Lands Manager Subject: Fourth Modification of the Agreement with the Environmental Learning Center for the Replacement of the Main Dock DESCRIPTIONS AND CONDITIONS On May 18, 2021, the Board approved the third modification to the lease between the Environmental learning Center (ELC) and Indian River County, and adopted Resolution 2021-036 for the purpose of applying for a grant to the Florida Inland Navigation District (FIND) in partnership with the ELC to replace the 29 -year old dock on the ELC campus. The project would include a complete reconstruction of the existing dock in the same footprint as the current structure. In June 2021, County staff submitted a Waterways Assistance Program (WAP) grant application to FIND in partnership with the ELC. The application was accepted by FIND, and subsequently approved for funding. The grant agreement includes an award of $100,000, to be matched with an equal cash match provided through private donations that have been raised, as well as cash in hand by the ELC. On December 7, 2021 the Board accepted the FIND Grant, and authorized the Chairman to execute the FIND Agreement IR -21-71. Subsequent to this meeting, staff completed a budget amendment to appropriate the $100,000 donation from the ELC and the additional $100,000 from the FIND revenues, for a total of $200,000. The County advertised for bids for replacement of the dock on June 9, 2022 (Bid No. 2022065). Bids were received on July 15, 2022. There were five respondents to the bid, as presented below: Bidder Amount Custom Built Marine Construction, Inc. $498,320.00 Underwater Engineering Services, Inc. $496,862.36 Underwater Mechanix Services $630,149.52 Shoreline Foundation, Inc. $734,669.00 BDI Marine Contractors $334,442.22 The lowest bid ($334,442.22) exceeds the allocated funding for the project, the timeline requiring bidders to honor their bids has expired, and staff therefore recommends the Board formally reject the bids. In response to the funding shortfalls, the ELC coordinated with FIND to solicit feedback on whether additional project funding from FIND in the 2023 WAP cycle was feasible. Based on this coordination, FIND has indicated that they will consider an additional application for up to $50,000 in the upcoming 2023 WAP funding cycle. The ELC has raised an additional $100,000 towards the construction of the project, bringing their contribution to $200,000. Assuming that the project receives the additional $50,000 in FIND funding (for a total FIND funding amount of $150,000), the project amount will be increased from the original budget of $200,000 to a revised amount of $350,000. A fourth modification of the lease Agreement between the Board of County Commissioners and the Environmental Learning Center has been drafted to provide for the Lessor act as an Applicant for the application to FIND in the 2023/24 WAP grant cycle in the amount of $50,000. FUNDING Contingent upon the 2023 FIND grant being awarded, a budget amendment will be needed to fund the additional $50,000. Funds, in the total amount of $350,000, will come from the Florida Boater Improvement Fund/Parks/ELC Main Dock Replacement account, number 13321072-066510-22013. urce Account Name Account Number Amount LC LC FL Boating Improvement Fund/Parks/ELC Main Dock Replacement 13321072-066510-22013 $200,000 IND Grant FL Boating Improvement Fund/Parks/ELC Main Dock Replacement 13321072-066510-22013 $150,000 I $350,000 As detailed in the fourth lease modification, if the final cost of the dock replacement is greater than $350,000, the Lessee shall pay the difference to the Lessor within 30 days of notice of the final amount of the dock project. If the final amount of the project is less than $350,000, the Lessor will reimburse Lessee any remaining amount of funds, after Lessor has been reimbursed in full. STAFF RECOMMENDATION Staff respectfully recommends that the Board approve the fourth modification to the Lease between the Board of County Commissioners and the Environmental Learning Center, and adopt the corresponding Resolution, and authorize the Chairman to execute said documents. Additionally, staff respectfully requests authorization for staff to apply for additional funds through the FIND 2023 Waterway Assistance Program. Finally, staff recommends the Board reject the bids submitted in response to invitation to bid 2022065. ATTACHMENT • Fourth Modification to Lease between the Environmental Learning Center and Indian River County • Resolution No. 2022 - Resolution of the Board of County Commissioners Authorizing Application to FIND Waterways Assistance Program APPROVED AGENDA ITEM FOR DECEMBER 13.2022 57 FOURTH MODIFICATION TO LEASE This Fourth Modification to Lease ("Fourth Modification") is executed this of December, 2022 (the "Effective Date"), by and between the Board of County Commissioners of Indian River County, Florida ("Lessor") and Environmental Learning Center, Inc. ("Lessee"). WHEREAS, Lessor and the Pelican Island Audubon Society, Inc. entered into a lease dated, March 6, 1987, for a portion of Wabasso Island for the development of an environmental learning center (the "Lease"); and WHEREAS, that Lease was assigned to the Environmental Learning Center, Inc.; and WHEREAS, on July 2, 1991, the Lease was modified in order to include language concerning the public access to the environmental learning center; and WHEREAS, the Lease was modified again on February 7, 2006, in order to add lands to the Lease; and WHEREAS, the Lease was modified for a third time ("Third Modification") on May 21, 2021, to have Lessor on behalf of Lessee as owner of the property, to act as the applicant for the application to Florida Inland Navigational District ("FIND") for the replacement of the 30 year old public dock with a new public environmental education dock in the same location and footprint (the "Dock Project"); and WHEREAS, as part of the Third Modification, Lessee provided the necessary monetary match, up to $100,000, for the Dock Project; and WHEREAS, the cost to perform the Dock Project exceeded the initial cost estimate; and WHEREAS, the Lessor and Lessee wish to modify the Lease again in order to pursue an additional FIND grant of up to $50,000 to cover the additional expense of the Dock Project, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Additional FIND Application. Lessor agrees to be the applicant for an additional $50,000 FIND grant application for the Dock Project, above and beyond the FIND grant application described in the Third Modification. If the additional FIND grant is not approved or is approved, but insufficient for the Dock Project, the Parties will be released from their responsibilities under the Third Modification and this Fourth Modification. 1 58 3. Funding. Within 10 days of the Lessor's acceptance of the additional $50,000 FIND grant, Lessee shall pay Lessor $100,000, which will be used as an additional match for the Dock Project. Once the Dock Project is completed, Lessor will seek reimbursement from FIND for Lessor's contribution of the project. If final amount of the Dock Project is greater than $300,000, Lessee shall pay difference to Lessor within 30 days of notice of the final amount of the Dock Project. If final amount of project is less than $300,000, Lessor will reimburse Lessee any remaining amount of funds left after Lessor has been reimbursed in full. Lessor retains the right to cancel the Dock Project due to cost increases that occur during the construction of the Dock Project, in the event Lessee does not pay for such cost increases, and Lessee shall be responsible for funding any costs incurred by Lessor. 4. All other provisions of the Lease and the prior modifications shall remain in full force and effect. IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument this _ day of December, 2022. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller 0 Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator LESSOR INDIAN RIVER COUNTY,.FL=CkA Joseph H. Earman, Chairman Board of County Commissioners Approved by BCC, 2 59 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of December, 2022 by Joseph H. Earman, Chairman of the Board of County Commissioners of Indian River County, apolitical subdivision of the State of Florida, who executed on behalf of and with the authority of said Board, and who is ❑ personally known or ❑ produced identification in the form of NOTARIAL SEAL: Signed in the presence of the following witnesses: sign: print name: sign: print name: STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC printed name: Commission No.: Commission expiration: LESSEE ENVIRONMENTAL LEARNING CENTER, INC. la Barbara Ford Chief Executive Officer The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of December, 2022 by Barbara Ford, Chief Executive Officer of ENVIRONMENTAL LEARNING CENTER, INC., a Florida not-for-profit corporation, who executed on behalf of the corporation, and who is ❑ personally known or ❑ produced identification in the form of NOTARIAL SEAL: NOTARY PUBLIC printed name: Commission No.: Commission expiration: 3 60 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING APPLICATION FOR THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR THE ENVIRONMENTAL LEARNING CENTER MAIN DOCK REPLACEMENT PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners is interested in carrying out the Environmental Learning Center Main Dock Replacement ("Project") for the enjoyment of the citizenry of and the State of Florida; and WHEREAS, the Project will replace a 30 -year-old FIND -funded public dock with a new public environmental education dock in the same location, footprint & configuration as existing dock; and WHEREAS, the Project is estimated to cost $350,000.00; and WHEREAS, Florida Inland Navigation District financial assistance is required for the program mentioned above; and "ERAS, Indian River County Board of County Commissioners will make an add6onal application to the Florida Inland Navigation District in the amount of $50,000 on behalf of said Indian River County Board of County Commissioners, NOW, THEREFORE, BE IT RESOLVED AND CERTIFIED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. Section 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Section 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County Board of County Commissioners for public use. 61 Section 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88- 352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. Section 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. Section 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. Section 7. This resolution shall become effective immediately uponadoption. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this day of , 2022. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: By Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Lo Joseph H. Earman, Chairman 62 �k INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation Date: December 5, 2022 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Interim County Administrator Beth Powell, Parks and Recreation Director From: Wendy Swindell, Conservation Lands Manager Subject: Ansin Riverfront Conservation Area Proposed FPL Easement BACKGROUND The Ansin Riverfront Conservation Area, located at the northeast corner of CR 510 and CR 512, was acquired under the County Environmental Lands Program with cost -share funds from the Florida Communities Trust (FCT). The site is within the St. Sebastian River Greenway (per County Resolution 2006-039), and is adjacent to the Sebastian Canoe Launch Park and the St. Sebastian River Preserve State Park. Purchased by Indian River County in 2005, the acquisition achieved three inter -related goals. The primary conservation goal was to augment the buffer for water quality protection and wildlife corridors in the watershed of the St. Sebastian River and the State Aquatic Preserve. The acquisition also serves to provide a pedestrian connection and greenway between CR 512, the Trans -Florida Central Railroad grade to the existing County canoe launch park, and the 23,000 -acre St. Sebastian River Preserve State Park. Conservation of this site also achieved a goal of protecting the South Prong of the St. Sebastian River from runoff from any future development. Public access improvements to the conservation area were completed in 2018, and include pedestrian trails, a wetland overlook, and an informational kiosk. Parking for this conservation area is provided at the nearby Sebastian Canoe Launch Park. A firebreak and boundary fence were installed in 2021. DESCRIPTION AND CONDITIONS: The County was contacted by Bowman Consulting, the consultant representing Florida Power and Light (FPL), for the purpose of obtaining authorizations for a proposed 100ft' easement to be used by FPL. The easement is part of the Storm Secure Underground Program which is designed to increase electric reliability and reduce power outages by strengthening the overall grid. FPL will be removing all of the overhead equipment in this area and replacing it with brand-new underground conduit, equipment, and cabling. Because this property was acquired with cost -share funds, staff reached out to FCT to ensure that the required process for completion of this type of project was followed. FCT worked with Bowman Consulting to complete the required documentation. A small fee ($58.00) will be paid by FPL to FCT to reimburse the purchase cost for the portion of the property where the easement will be located. FCT has requested that the County sign the easement document based on "Exhibit A," which is the sketch and legal description associated with the proposed FPL easement. Copies of the easement document and the legal description (Exhibit A) have been attached. Working with Bowman Consulting, County Conservation staff reviewed proposed locations and suggested an area near an existing Bellsouth substation/easement located southeast of the intersection of Water Vliet Avenue and Canoe Launch Cove. In its new location and after review by County and FCT staff, it has been determined that the benefits of providing 63 improved reliability of the power service to this area outweigh any minimal impact to the conservation area, and should not interfere with the long-term management of the property. STAFF RECOMMENDATION Staff respectfully requests that the Board approve the Easement and authorize the Chairman to sign the FPL Underground Easement (Business), which will provide FPL authorization for use of the 100ft2 easement area within the Ansin Riverfront Conservation Area. ATTACHMENTS • FPL Underground Easement (Business) • Exhibit A — Sketch and Description for the FPL Easement proposed for the Ansin Riverfront Conservation Area APPROVED AGENDA ITEM FOR DECEMBER 13.2022 2 64 Work Request No. 10201786 Sec.23,Twp 31S,Rge 38E Parcel I.D. 31382300000500000003.0 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Katie Hudson, Project Manager Co. Name: Bowman Consulting Group Address: 301 SE Ocean Blvd, Suite 301 Stuart, FL 34994 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20_ Signed, sealed and delivered in the presence of: INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Print Name: Print Name: STATE OF _ COUNTY OF (Witness' Signature) (Witness) (Witness' Signature) (Witness) By: Print Name: INDIAN RIVER COUNTY Print Address: 1801 27TH ST By: Print Name: Print Address: VERO BEACH, FL 32960 The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this (Date) by and [ ] who is (are) personally known to me or [ ] has (have) produced as identification or who did (did not) take an oath. (Type of Identification) My Commission Expires: �j Notary Public, Signature Print Name Page of 65 SKETCH AND DESCRIPTION THIS IS NOT A SURVEY O.R.B. 2544, PG. 2139 C, C 0 ( IN FEET 1 inch = 50 ft THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 "=50' LEGEND (C) =CALCULATED LB = LICENSED BUSINESS LS = LICENSED SURVEYOR O.R.B. 3207, LTD. = LIMITED PG. 754 N.D.D. = NO DEED DISTANCE NO. =NUMBER O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PG. =PAGE RNV = RIGHT-OF-WAY ®=EASEMENT SURVEYOR'S NOTES: 1. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2. THE BASIS OF BEARING IS THE NORTHERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF EASTERLY. 3. NO FIELD WORK WAS PERFORMED. 4. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. LEGAL DESCRIPTION: THE FOLLOWING 10`X10' PARCEL OF LAND BEING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THE SOUTHERLY 10.00' OF THE NORTHERLY 60.00' OF THE EASTERLY 10.00' OF THE WESTERLY 70.00' OF SAID NORTHWEST 1/4. SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1919, PAGE 798, INDIAN RIVER COUNTY, FLORIDA. ADDRESS: 9700 WATER VLIETAVENUE, SEBASTIAN, FLORIDA. Bovman C O N S U L T I N G Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 wwwl)owmanconsulting.com 7 Bowman ConsuWml (Gkry , Ltd. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. Digitally signed by Brion D Brion D Yancy Daly Date: 2022.11.21 14:15:14 -05'00' BRION D. YANCY PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 DATE OF SIGNATURE NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT INDIAN RIVER COUNTY FLORIDA PRQECT N0. 100207-01-008 1 REVISED DAZE DATE.Nov. 21, 2022 E CADD FILEXHIBIT 8 DCR JAR N0. 10218478 1 SCALE I'=50' 1 OF 1 m _ mi ai m tarot 10 a roc rA=T 2 nM CANOE LAUNCH COVE (RM VARIES) BEARING BASIS EASTERLY N.D.D. TELECOMMUNICATIONS EASEMENT �— 50.00' O.R.B. 749, 10.00' PG. 998 W 0 k o oo loo W O.R.B. 1919, .-co EASEMENT > PG. 798 LAT: N027°46'14.3" o Q I LONG: W080°30'39.2" � H I Z w > I I W 2 o Q I 60.00' INGRESS/EGRESS Z EASEMENT PER O.R.B. 776, PG. 1148 1. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2. THE BASIS OF BEARING IS THE NORTHERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF EASTERLY. 3. NO FIELD WORK WAS PERFORMED. 4. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. LEGAL DESCRIPTION: THE FOLLOWING 10`X10' PARCEL OF LAND BEING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THE SOUTHERLY 10.00' OF THE NORTHERLY 60.00' OF THE EASTERLY 10.00' OF THE WESTERLY 70.00' OF SAID NORTHWEST 1/4. SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1919, PAGE 798, INDIAN RIVER COUNTY, FLORIDA. ADDRESS: 9700 WATER VLIETAVENUE, SEBASTIAN, FLORIDA. Bovman C O N S U L T I N G Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 wwwl)owmanconsulting.com 7 Bowman ConsuWml (Gkry , Ltd. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. Digitally signed by Brion D Brion D Yancy Daly Date: 2022.11.21 14:15:14 -05'00' BRION D. YANCY PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 DATE OF SIGNATURE NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT INDIAN RIVER COUNTY FLORIDA PRQECT N0. 100207-01-008 1 REVISED DAZE DATE.Nov. 21, 2022 E CADD FILEXHIBIT 8 DCR JAR N0. 10218478 1 SCALE I'=50' 1 OF 1 m _ mi ai m tarot 10 a roc rA=T 2 nM AM CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 1, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2023014 for County Beach Parks Post Hurricane Emergency Dune Repairs BACKGROUND: On behalf of the Coastal Engineering Division, an invitation to bid was issued for the emergency replacement of sand at various County beach parks, which was eroded by the impacts of Hurricane Ian. After release of the bid, the beaches were further impacted by Hurricane Nicole; therefore, additional quantity estimates were made by the Coastal Division, and an Addendum to the Bid Form issued to facilitate recovery from both storms. The impacted parks are Golden Sands Beach Park, Wabasso Beach Park, Turtle Trail Beach Park, Seagrape Beach Park and Tracking Station Beach Park. BID RESULTS: Advertising Date: October 27, 2022 Bid Opening Date: November 30, 2022 Solicitation Broadcast to: 520 Subscribers Bid Documents Requested by: 30 Firms Replies: 6 Firms Firm Total Bid Guettler Brothers Construction, LLC $662,742.00 CWR Contracting, Inc. $946,115.00 Rio -Bak Corporation $957,681.00* Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. $1,073,150.00 Eastman Aggregate Enterprises, LLC $1,090,744.75 Ranger Construction Industries, Inc. $1,237,528.75 `Denotes mathematical errors corrected ANALYSIS: The Coastal Division and Public Works Department have reviewed the bids and determined Guettler Brothers Construction, LLC to be the lowest, responsive, responsible bidder. Guettler has recently completed the Sector 3 Beach and Dune Restoration Phase 2 project (Bid 2021050) for the County. 67 CONSENT FUNDING: The emergency dune repairs will be funded by the Beach Restoration Fund/Other Contractual Services accounts for Hurricanes Ian and Nicole. Funding for this expense will require a budget amendment from Beach Restoration Fund/Cash Forward Oct 1". County staff does intend to pursue FEMA reimbursement for this expense, if applicable. Account Name Account Number Amount Beach Restoration Fund/Other Contractual 12814472-033490-22601 $295,534 Services/Hurricane Ian Beach Restoration Fund/Other Contractual 12814472-033490-23007 $367,208 Services/Hurricane Nicole RECOMMENDATION: Staff recommends the Board award Bid 2023014 to Guettler Brothers Construction, LLC, approve the sample agreement, and authorize the Chairman to execute the agreement after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Sample Agreement POST HURRICANE COUNTY PARK DUNE REPAIRS 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 Guettler Brothers Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project includes the construction emergency dune repair measures at select County beach parks due to erosional impacts observed to the dune from the passing of Hurricane Ian on September 28, 2022, and the subsequent passing of Hurricane Nicole on November 11, 2022. Such measures include the placement of beach compatible material, secured from an upland source, to the existing dune in order to create a 3:1 slope on the face of the dune to provide storm protection measures. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: IRC -2227 Bid Number: 2023014 Project Address: VARIOUS COUNTY BEACH PARKS ARTICLE 3 - CONTRACT TIMES 3.01 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 specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before FEBRUARY 28, 2023, or earlier as identified in applicable permit. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,170.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined at the prices stated in CONTRACTOR's Price Proposal, attached hereto as Exhibit 1. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall be made no more frequently than monthly and shall contain the CONTRACTOR'S certification of completed work. 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. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 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 Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. 70 ARTICLE 6 - INDEMNIFICATION 6.01 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 7 - CONTRACTOR'S REPRESENTATIONS 7.01 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 Invitation to Bid documents. 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 obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 71 I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2023014; (6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 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 72 assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 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. 9.05 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. 9.06 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 73 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. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 74 (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (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. Further Compliance with the Contract Work Hours and Safety Standards Act: (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. C. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 75 (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. D. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. 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 who in turn will forward the certification(s) to the awarding agency. F. 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 web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 76 G. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); 77 supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. H. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. I. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 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. The contractor shall include this provision in any subcontracts. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. 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 its actions pertaining to the contract. N. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. O. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. Article 11: 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. 79 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. 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. 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. 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: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: 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: Eric Charest Natural Resources Manager Public Works Department 772-226-1569 echarest@ircgov.com 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: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 9E Exhibit 1 to the Agreement — Pricing m BID #2023014— ADDENDUM 1 Bid Form — Bid 2023014 Post Hurricane Ian County Park Dune Repairs — Addendum 1 The following addenda are hereby acknowledged: ORIGINAL Addendum Number Date 11/17/2022 11/22/2022 In accordance with all terms. conditions. snecifications. and reauirPrnPnts the Ridrtar nffarc +ha fnllnwinv Item Unit Price Unit Quantity Total GOLDEN SANDS BEACH PARK 1. Mobilization/Demobilization $is dooms LS 1 $ 15 aap o0 2. Hurricane Ian Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 35 �� CY 1,600$ 5(0,006 3. Hurricane Nicole Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 3s ' CY 1'250 $ y 3,-750 `o 4. Site Restoration$ 2,950: LS 1 $ 2 q SS WABASSO BEACH PARK 1. Mobilization/Demobilization $ l,qa�°% LS 1 $ 2. Hurricane Ian Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 33 CY 2,100 $ 3. Hurricane Nicole Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 3zi� CY 2'225 $ i 3, 425 �= 4. Site Restoration$ 29 55 '-1 1 $ 2 °i S 5 °� TRACKING STATION BEACH PARK 1. Mobilization/Demobilization $ 1, ejejb% LS 1 $ A v, 1b Oo 2. Hurricane Ian Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 33 2,600 $ 3. Hurricane Nicole Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) 32 5,625$ _o ( bD, 00 0 — 4.Site Restoration $2 55°' LS 1 $ 2 qS5 p4 TURTLE TRAIL BEACH ACCESS 1. Mobilization/Demobilization $19Q'Vio: LS 1 $ -1% q'qt> O° 2. Hurricane Ian Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 3 v-- CY 500 $ 1$ t000 3. Hurricane Nicole Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ CY 250 $ q 1000 0� BID #2023014 - ADDENDUM 1 Page 15 of 42 83 Rin If) nllnln —A r*%nCK1n1 inn 1 Item tem Price Unit Quantity Total 4. Site Restoration $1, LS 1 $ Z S= SEAGRAPE BEACH ACCESS 1. Mobilization/Demobilization $ I ckoe" LS 1 $ ! `cv* 2. Hurricane Ian Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) o, $ 3+¢ ` 550 $ ig116Gn 3. Hurricane Nicole Beach Compatible Sand Fill (Provide Fill, Deliver Fill, Grade Fill) $ 3&d% Cy 275 $ q, 4. Site Restoration $ Zays LS 1 $ Z ct s5 SUBTOTAL (o e, "Iy2 O.,'D= FORCE ACCOUNT $60,000.00 Total Bid Price $ 142 GO— Total Bid Price in Words Will your company extend these prices to other governmental agencies within the State of Florida? Yes ❑ No 13 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Guettler Brothers Construction LLC. 4401 Whiteway Diary Road Company Address: City, State Telephone: Fort Pierce FL 772-461-8345 E-mail: ben@guettlerconstruction.com Zip Code Fax: 772-461-8039 34947 Business Tax Receipt Number: n/a FEIN Number: 203608929 Authorized Signature: Date: Name: Ben Guettler Title: (Type / Printed) BID #2023014 - ADDENDUM 1 11/30/2022 Manager Page 16 of 42 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John Stoll; Chief Long Range Planning DATE: December 5, 2022 SUBJECT: American Rescue Plan Act of 2021 — Low Income Housing Tax Credit (LIHTC) award recommendation. It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on December 13, 2022 BACKGROUND: On March 11, 2021, the $1.9 trillion -dollar American Rescue Plan Act of 2021 was signed into law. The American Rescue Plan (ARP) is a stimulus package that was intended to speed up the United States' recovery from the impacts of COVID-19. Indian River County received funding through ARP in the amount of $31,063,168. On May 18, 2021, the BCC considered a presentation by staff regarding several new housing programs utilizing ARP funding. These programs included the Supplemental Housing Assistance Rehab and Purchase (SHARP) Program; the Non -Profit Housing Community Rehab (RENO) Program; the Non -Profit Housing Construction (CENO) Program, and Low -Income Housing Tax Credit (LIHTC) assistance program. As part of the presentation, staff requested input from the BCC on these programs and committed to returning with specific information on each program at a later date. On July 12, 2022, the BCC approved the Low -Income Housing Tax Credit (LIHTC) program and directed staff to begin implementation of the Program. Proiect Assistance Program The LIHTC program provides both nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for the development of affordable rental housing. Florida Housing gives LIHTC applicants points towards their application score when local government funding match contributions are included. Up to $400,000 in American Rescue Plan Act funds has been set aside as a potential funding match for qualified applicants to the LIHTC program. The Indian River County Loan Review Committee was selected as the award review committee for the LIHTC program. Applications Received By the September 1, 2022 application deadline, one application was received seeking matching fund assistance from the LIHTC program. The Housing Trust Group, LLC has submitted an LIHTC application seeking $340,000 as a matching cash contribution in order to develop an affordable multi -family development at 4355 38' Ave in Gifford (Attachment 1). The project proposes 79 multifamily units: 71 of which will be affordable to Low-income households (up to 80% AMI) and 8 that would be affordable to Extremely low-income households (up to 30% AMI). The Housing Trust Group. RECOMMENDATION Staff and the Loan Review Committee recommend that the Board of County Commissioners offer $340,000 from the Indian River County Low Income Housing Tax Credit (LIHTC) program as a matching contribution to the HTG Vero Shores project proposed by the Housing Trust Group, LLC with the condition that it is formally selected as a 9% LIHTC awardee (2022- 201 RFA). ATTACHMENTS 1. Housing Trust Group LIHTC application. HTGHousing Trust Group Multi-Family Developer Submitted To: Indian River County Planning Division SHARP@ircgov.com 1801 27th Street Vero Beach, FL 32960 Submitted By: Housing Trust Group, I.I.C. Matthew A. Rieger 3225 Aviation Ave, 6th Floor Coconut Grove, FL 33133 INDIAN RIVER COUNTY PLANNING DIVISION 180127th STREET VERO BEACH, FL 32960 (772) 226-1250 AMERICAN RESCUE PLAN (ARP) Grant Application For New Multi -Family Housing Construction This grant opportunity is available for one qualified Non -Profit and/or For -Profit multi -family housing developer (rental units), seeking developer selection preference under the Local Government Areas of Opportunity Designation of a Florida Housing Finance Corporation Request for Applications (RFA 2022-021). Through the RFA process, the state accepts applications from qualified developers seeking Low Income Housing Tax Credit financing (LIHTC) for the construction of multi -family housing. The LIHTC provides a credit towards federal tax liability for developers of multi -family units. For the 2022 funding cycle, a local government is required to provide a cash contribution to obtain the Local Government Areas of Opportunity Designation funding preference. Indian River County has made this contribution available via grant funds. Please note the following requirements: • A developer who is awarded this ARP Grant is not eligible for housing grants through the State Housing Initiative Partnership (SHIP) program. In addition, funds may.not be used for the exact same expense that was paid by other federal housing programs for the same time period. • This assistance is in the form of a GRANT, and repayment is not required provided applicant complies with federal and state housing program requirements. • The proposed multi -family project must be located within Indian River County. • To allow for local review and consideration, applications shall be due to Indian River County by no later than September 1, 2022. • The Florida Housing Finance Corporation limits local governments to supporting only one application per funding cycle. • The Indian River County State Housing Initiative Partnership (SHIP) Loan Review Committee shall review and select one application to submit for funding. • There are specific grant expenditure time frames that will need to be met for the County to comply with Federal funding requirements. The applicant selected by the County to submit an application must be able to meet local, state, and federal expenditure time frame requirements. ATTACHMENT 1 88 The following items must be completed and submitted electronically to: SHARP(c�iragov.com no later than September 1, 2022: 1. Completed application form 2. Copy of the property Deed or contract to purchase - See "Attachment 3" 3. Federal and/or State Program application information - We will be applying for the 2022-201 RFA with Florida Housing Finance Corporation 4. Project descnption narrative provide attachment it -needed) Our vision is to redevelop a vacant underutilized property into a green, first class, affordable hous- ing development. Amenities for the project include a clubhouse, fitness center, businesess center, swimming pool, parking, and outdoor recreational areas. The project with be inteded for a senior demographic. The unit mix for the building will consist of 39 1/1 units and 40 2/2 units for a total of 79 units. The site plan consists of three residential buildings and a separate clubhouse. The buildings will be three-story wood construction garden style. Please see "Attachment 4" with a project breakdown including site plan & elevations. 5. Active registration on SAM.gov-Please see "Attachment 6" with detailed explanation on status 6. Completed Risk Assessment Questionnaire - Included 7. Completed Sub -Recipient Agreement - Included Attachments: 1. APPLICATION FORM 2. RISK ASSESSMENT QUESTIONNAIRE 3. SUB -RECIPIENT AGREEMENT 89 2 AMERICAN RESCUE PLAN (ARP) Grant Application For New Multi -Family Housing Construction I. APPLICANT INFORMATION (PRINT OR TYPE ALL INFORMATION) The applicant is the person (s) or entity who holds (or will hold) title to the housing units identified in this application. Applicant Business or Organization: Housing Trust Group, LLC (or a single purpose entity affiliate). Federal Tax or Non-profit Agency Identification Number: 20-5641453 Applicant Address: 3225 Aviation Ave, 6th Floor, Coconut Grove, FL Applicant Phone: ( 305) 860 - 8188 Applicant Fax: ( 305) 639 - 8427 Applicant E-mail: Diliat@htgf.com htgf.com Applicant Contact Person: Dilia Tabora I. PROPERTY INFORMATION (PRINT OR TYPE ALL INFORMATION) • Subject Property Address (street, city, state and zip code) 4355 38TH AVE VERO BEACH, FL 32967 • Subject Property Tax Parcel Identification Number: 32 - 39 - 27 - 00000 - 3000 - 00018/0. • Legal Description (attach separate description if necessary): W1/2 OF NEI/4 OF NW1/4, LESS N 735 FT &LESS S 165 FT (OR BK 468 PP 255) 90 3 • The Mortgage Deed will be/is Held In What Name (s): (Indicate name (s) exactly as it appears or will appear on deed) HTG Vero Shores, LLC, Single Purpose Entity Affiliate of Housing Trust Group, LLC (That will be created for the sole purpose of developing and owning this development, and the Purchase and Sale Agreement included herein will be assigned to this entity prior to submitting the application for funding to Florida Housing Finance Corporation). • Number of Multi -family Units proposed: 79 • Unit data: Type of apartment Number of units Sq. ft of living area for unit Year built or to be built Rent per unit Efficiency • Very low-income households (up to 50% 4% • Low-income households One bedroom 39 700 2024 $9001$495 Two bedroom 40 900 2024 $10801$594 Three bedroom Four bedroom Total number of units 79 63,300 2024 Varies II. SPECIFIC PROJECT AND EXPERIENCE INFORMATION Number of affordable units to be built * ELI percentage for Indian River County was 33% per Florida Housing Finance Corporation RFA 2021-201 for developments located in Medium Counties. Once FHFC updates this figure for this year we will commit to what that ELI amount is determined. 2. Funding Summary FUNDING # OF UNITS % OF TOTAL • Extremely low-income households (up to 40% M *33°/ 8 10% • Very low-income households (up to 50% 4% • Low-income households (up to 80% 71 90% • Total number of units to be built 1 79 100% * ELI percentage for Indian River County was 33% per Florida Housing Finance Corporation RFA 2021-201 for developments located in Medium Counties. Once FHFC updates this figure for this year we will commit to what that ELI amount is determined. 2. Funding Summary FUNDING AMOUNT ($) % OF TOTAL Total project cost $23,129,567 100 Contribution by applicant $929,536 4% Amount of loan from bank $4,484,000 19.4% Amount of funds requested from Federal and/or State program $17,376,031 75.6% Funds requested for LGAO Indian river $340,000 1 % Experience and ability to proceed with the project (provide attachments as needed) • Funding Sources (please identify what funding is committed and what is applied for or will be applied for)? The financial contribution obtained from the County will allow us to apply for the 9% Low Income Housing Tax Credits needed to move forward with this community. Senior communities like this provide quality of life to households that depend on fixed incomes and allow them more flexibility through increased disposable income. With the rent increases experienced through- out Florida, the need for these units is more exacerbated than ever before.This will be applied for in December 21. The amount of funding being requested from the County is $340,000 for 79 units (around $4,000 per unit). This grant will allow us to leverage roughly $18MM in tax credit equity. If the project is awarded the tax credits from the State, we expect to com- plete full pre -development, site plan approvals, and permitting between April and December 2023. Once building permits are obtained, we can proceed towards closing and construction commencement, estimated in the first quarter of 2024. Consider- ing a 12 -month construction timeframe for a project this size, these units are expected to be available to seniors during the first quarter of 2025. Other than the 9% tax credits, a private permanent loan supported by the property's cash flow will be the other funding source. These loans are obtained/applied for once we receive the tax credit award, during the credit underwriting period. • How long has the organization/firm has been involved in building affordable housing projects? Over 25 years. See "Attachment 1" • How many affordable housing units has the organization/fmn built within the prior 10 years (please provide address list)? Over 2,400 units. See "Attachment 2" for detailed list. • References (please provide list of references including names, addresses, phone numbers and email addresses). Name Address Phone Numbers E-mail Address Raymond James 880 Carillon Parkway, St. Petersburg, FL 33716 (727)-567-5703 SeanJones@Ray- mondJames.com Walker Dunlop 1001 Brickell Bay Dr Suite 2410, Miami, FL 33131 (781)-972-4940 jdeeney@walkerdun- iop.com Broward Count County 4780 North State Road 7 Lauderdale Lakes, FL (954)-739-1114 adeibert@bchafl.org Housing Authority 33319 ext.2329 Rivera Beach Housing 2014 W 17th Ct, Riviera - (561)-845-7450 jhurt@rivieabeachha Authority Beach, FL 33404 Corp Southeast Overtown 819 NW 2nd Ave, Miami, (305)-679-6800 McQueenPark West CRA FL 33136 @miamigov.com Chase Bank 277 Park Ave FI 39, New York, New York, (813)-483-8297 Tammy.Haylock- 10172,United States Moore@chase.com 92 III. DECLARATIONS complete the following section. you answer "yes" to any questions below, please provide explanation on a separate sheet. Are there any outstanding judgements against you or your organization? []Yes ®No Have you or your organization ever declared bankruptcy? []Yes ®No Have you or your organization had property foreclosed upon or given title or deed in lieu thereof ? ❑ Yes ® No Are you or your organization a party to a lawsuit, as either plaintiff or defendant? ❑ Yes ®No Have you or your organization directly or indirectly been obligated on any loan which resulted in foreclosure, transfer of title in lieu of foreclosure or judgement? (This would include such loans as home mortgage loans, SBA loans, home improvement loans, educational loans, manufactured (mobile) home loans, any mortgage, financial obligation, bond, or loan guarantee? If "Yes" provide details, including date, name and address of Lender, FHA or VA case number, if any, and reasons for the action) Are you or your organization presently delinquent or in default on any Federal debt or any other loan, mortgage, financial obligation, bond, or loan guarantee? If "Yes" give details as described in the preceding question. ❑Yes ®No 93 IV. ACKNOWLEDGMENT AND AGREEMENT The undersigned specifically acknowledge(s) and agree(s) that: (1) the award requested by thisl (application will be secured by an agreement between the applicant and the Indian River County Board of County Commissioners; (2) the property will not be used for any illegal or prohibited purpose or use; (3) all statements made in this application are made for the purpose of obtaining the assistance indicated herein; (4) occupation of the property will be as indicated above; (5) verification or re -verification of any information contained in the application may be made at any time by the County, its agents, successors and assigns, either directly or through a credit reporting agency, from any source named in this application, and the original copy of this application will be retained by the County, even if the application is not approved; (6) the County, its agents, successors and assigns will rely on the information contained in the application and I/we have a continuing obligation to amend and/or supplement the information provided in this application i any of the material facts which Uwe have represented herein should change prior to closing; (7) the County, its agents, successors and assigns make no representations or warranties, express or implied, to the Borrower(s) regarding the property, the condition of the property, or the value o the property; (8) the County, its agents, successors and assigns may request and obtain a credit report(s) providin a credit history for me/us in completing the County review of this aplication. Certification: We certify that the information provided in this application is true and correct as of the date set forth opposite my/our signature(s) on this application and acknowledge my/our understanding that any intentional or negligent misrepresentation(s) of the information contained in this application may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et. seq. and liability for monetary damages to the County, its agents, successors and assigns, insurers and any other person who may suffer any lost due to reliance upon any misrepresentation which Uwe have made on this application. X 8/24/2022 Applicant' ign a Date 1-0-01 X _/_ Co -Applicant's Signature (if any) Date F:\Community Development\SHIP,FoRMS%APPLICATION FCRMS\Tax Credit App f,r N -,n -profit i Developers\Low Income Rousing Tax Credit for Developer i Non-profits.doc m DocuSign Envelope ID: 927D0328-CA93.46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Attachment A Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number: 079208989 Indian River County Taxpayer Identification Number: 596000674 1801 27th st Assistance Listing Number: 21.019 Vero Beach, Florida, 32960 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. DocuSigned by: Recipient: 6Sf�ivu Authorized Representative: Kristin Daniels Title: Budget Director Date signed: 5/13/2021 U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. ATTACHMENT %15 DocuSign Envelope ID: 927D0328-CA93-48FB-A33E-35E863E9820E U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. DocuSign Envelope ID: 927D0328-CA93-46FB-ME-35E883E9820E 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title Vi of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 97 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. 11, Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: 'This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 14, Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E883E9820E Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. DocuSlgn Envelope ID: 927D0328-CA93-46FB-ME-M863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.len.gov. DocuSlgn Envelope ID: 927D0328-CA93-46FB A33E-35E883E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S C. § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 2 101 DocuSign Envelope ID: 927D0328-CA93-46FB,A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Indian River County 5/13/ZO21 Recipient Date 7M075 rb�aw Vta,tti.it s E4595A2421... Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 102 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 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 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 of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients 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, United States 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. Organization: Housing Trust Group, LLC Street address: 3225 Aviation Ave 6th Floor City, State, Zip: Coconut Grove, FL Matthew A. Rieger CERTIFIED BY: trype or pn5 Manager TITLE: 8/24/2022 103 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for nublic burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract aQ. bid/offer/application �a. initial filing B Qb. grant A b. initial award A b. material change c. cooperative agreement c. post -award d. loan For material change only: e. loan guarantee Year_ quarter E loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter X Prime Subawardee Name and Address of Prime: Tier , if Known: Housing Trust Group, LLC 3225 Aviation Ave 6th Floor Coconut Grove, FL 33133 Congressional District if known: Congressional District if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ $340,000.00 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (iindividual, last name, first name, MI): dierentfrom No. I0a) Rieger, Matthew, A (last name, first name, MI): 3225 Aviation Ave 6th Floor Coconut Grove, FL 33133 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: Ma @W .Miecier by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: Manager U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: 305-860-8188 Date: 8/24/2022 inspection. Any person who falls to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) 1, INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it Is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,' then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal Identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP -DE -90-001.' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 105 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit hU://www.lep.gov. 106 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: 77re sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title V1 of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance front excluding front a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S. C. § 2000d et sett), as implemented by the Department of the Treasun,'s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also inchrdes protection to persons with "Limited English Proficiency" in any program or activity receiving federal f nancial assistance, 42 US. C. § 2000d et seq., as implemented by the Department of the Treasury's Title W regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 107 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. 8/24/2022 Recipient Date Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27th Street, Vero Beach, FL 32960-3388 American Rescue Plan Act Risk Assessment Organization Name: Housing Trust Group, LLC Representative. Matthew A. Rieger Date: 8/24/2022 1. Is your organization delinquent on any federal or state debt, including unpaid taxes? ❑ Yes XF No 2. Is your organization currently audited under the Single Audit Act? Yes No 3. How many state or local grant programs are currently being managed by your organization? See "Exhibit A° 4. How many Federal grant programs are currently being managed by your organization? See "Exhibit A° 5. Is your organization currently managing any other programs funded with American Rescue Plan Act dollars? XI Yes 1-1 No 6. Does your organization have written policies and procedures for each of the following? a. Accounting including separation of duties, internal controls for transactions, documentation requirements to substantiate expenses and meets generally accepted accounting principles? AIYes No b. Procurement including processes/standards that demonstrate principles of fair and open competition with evaluation of costs? ❑X Yes F-1 No c. Conflict of interest including the process to identify and address any conflict? 7 Yes F No d. Grant program compliance/management including systems, staffing and reporting? IT I Yes 1-1 No e. What was the date your policies and procedures were last updated? 12/31/2021 7. What was the date of your last financial audit? 12/31/2021 8. Did your organization have any audit findings within the past 5 years for: a. Grant Management b. Financial X c. N/A If (a) or (b) is selected, please explain: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 2711 Street, Vero Beach, FL 32960-3388 American Rescue Plan Act Risk Assessment 9. Please provide the total number of audit findings/year (Enter N/A for 0): zero a. If applicable, describe the number and nature of the findings, any corrective action taken, and completion date to satisfy findings. 10. Did you submit your single audit to the Federal Audit Clearinghouse? x❑ Yes R No 11. Does your organization maintain a separate account for grant funds? Yes R No 12. In the last 12 months has your organization had any significant changes in computer systems or personnel? RYes R No If Yes, please explain: The Accounting and Management softwares (Sage and Real Page) are in the process of transitioning to Yardi. 13. Does your organization have designated experienced staff with capacity to properly manage and oversee the management and compliance of this program? MYes ❑ No 14. Does your organization maintain central file locations for all grants, loans or other types of financial assistance? F]Yes F No 15. Does your organization have a history of timely and accurate submission of required grant expenditure and/or financial reports as requested/required? FT]Yes ❑ No F�I Agree By checking the "I Agree" box and entering your name below, you certify that information contained in this risk assessment accurately reflects the activities of this agency and are subject to further inquiry upon request. Name: Matthew A. Rieger Title: Manager 110 1 2 3 4 5 e 7 8 9 11 1: L' 1: 1� L' 11 li 11 V z Z z z 2. 2 2; 21 21 2V 3: 3: 3: 3. 3: 31 311 31 31 4( 4: 4; 4 4 A 47 4E 4<. 5( 51 5: 5 51 Housing Trust Group, as the parent company for over 70 affordable housing developments does not directly manage the state, local and federal programs under which the properties operate. Each Property has a special single purpose entity owner that eventually acts as owner, borrower, and program manager. We currently have a portfolio of over 30 active properties, every one of them has one or several state, local or federal programs. See Below a list of HTG developments D..I.Pm.nt Name G cle Poll Fbi NW4) Orange` Building Typs Gaden StyleF319 Units 76 Add— S705Grande Pointe Bouleverd C—pleAl., Data ��M-01 D—oinaphic, Family Status Completed E5tTMI Dew'opmer. Cast E 17,989$82 Orland, L 32839 AIFxd1ble Calmly Pak ;Palm Beach Garden Style30 8215 Bewedere Roan We9 Patin Beach, FL33411 May -02 Affortlable Completed f 13.241339 Emerald Pam. In-- Not. 5331 SW 43rd Terrace June -02 Family Completed E 23,7923ffiDania Beach. L 33314 Affordable TheOnaeeo Leon Garden Style36 531N.Wo0dwadAvenueeerTallahe, Florida 32304 Asn".02 Students Completed f 4500.ODOVenice Cove Brmoard Gatlen Style50 721 N.W-19th Street Fortlauderdae, 133311 Nwamba-02 Familytbmpletetl Affordable E 15,070.992 Marna Bay Paan Beach Gaden Style 192 2400 Lantana Road lake Worth, FL 33462 December02 Senior Affordable Completed f 16,145,375 Venetian isles 1 Patin Bead) Garden Style 288 800 Venetian Isles Drive February -03 Family Completed f 2A424893 Lake Pak. L 33403 Affordable Preserveal San We Leon Townhome 190 1580 San Luis Road Tallahassee, L 32304 August-03 Students Completed!f 23,000,000 GrwesXWimaina Hasborou0,, Garden Style 108 5411 Patin Dunes Ct Octobu-03 Family Completed E 0.300,000 Wenanm4 Florida 33596 Affordable The Kens Palm Beach Gaden StyM 163 300 Cre4wood Orde Royal Palm Beath. L 33411 January -04 Market Rate Completed f 1$523,429 Venetian isles 11 Patin Bead,, Gadw800 Bph 112 Venetian Isles dive Februay-04 Family Completed f 14192.003 Late Pak, L 33403 Albrdable O,,spel Trace Orange Gadew SOee 312 562 chapel Trace Drive FaNmw74N Family Completed f 1&249.000 Orlando, L32807 Affordable Malbu SaY Pal,,,, Bead,, GadR S111e 284 750 Malibu Bay Drive AVM Family Family Completed $ 29,521$7 Weer Pawn Beach, FL33401 Campus Out, HtlsOrou B,, tAkHMW 64 5651 East Fletcher Avenue Tanya L 33617 August -05 Students completed f 12017.844 Preserves River's Edge Volusia Gaden Style ISO 1401 S Palmetto Avenue SePaermber4% Condominium Completed f 7,200.000 Daytona Beach, L 32114 for Sole The Oasis a Peal Lake Seminole Gatlen Stye 318 1037 Adm Pkxy AItanonte Spin L32714 Mam-07 Condominium len Sale f 12,640.000 Gem Cay Village12577 Green Cay Farm Boulevard Boynton Warlcforce Town fomes Patin Beam T. -home WO Beach. L33437 lune -07 for Sale Completed f ?,840.888 Gem Cay Village 12576 Green Cay Farm Boulevard Baynton Workforce Condominium Palm Beach Gatlen Style 160 Beam. L 33437 J.—U7 for Selo Completed f 4762,779 Palen Pak f/lya 12575 Green Cay Farm Boulovad Boynton Family Green Cay Wnaw Apert menu Paan Beach Gatlen Style 160 Beach, 133437 Auffi Affortlffile Completed f 24780.341 Veranda Soar Apartments Miarm0a0e Gaden28355SW152ndAvmue Style 99 IanuaryA2 Senior Competed E 20.798,870 HomealeaLF1.33033 Affordable 540 Town Center Pinellas5402nd IfOnRice 148 Avenue South Jmuay-13 Senior S 245M.000 SL Petwffiure 133701 Affordable Pane Run Meas Palen Beach 1—home 63 5212 Sunset Tres Lake Waal,,, L33463 A y 13 Family Affordable Completed E 13.431509 MU&Place Broead 1,5645sa 112 720 NE4th Avenue November -SO Senior Completed f '16.0]8.492 Fatiouderdae, L33309 Affordable WhisperngRalms Pinellas Townhome& 50116th Avenue SE November -15 Family Completed Garden Style La 1L 33771 rda Albble f 11.11111111111.000 Valencia Gros Lake Barden Sale 144 551 Hmlfteder Drive November -16 Family Completed $ 21.000,000 Eustis. 132728 AmudalHe O-blife ApeNneds MinnaDace, MidSne 84 1700 NW 4th Avenue Mian, L 33136 November -18 Family Alforcable OomPletetl S 211000. Werner Creek Miami-Daae1501NW FsghRase 73 13th Court MiamL 133125 fa iwy-17 Family AffDrda le Computed E 2Z8OO.00O Freedom, Gardens Her— Gatlen Style 96 1130 South Man SL AuWa17 Family Completed f 17,300,000 BroMs4ee. L 34801 Affinda le Parka Welbn$on Pasco Gwden Style 110 4309 Sunray Drive Augua-17 Family Completed f 19.500. ODO Holiday, L34691 Affordahk Parka When gone Pasco MdRise 110 4370 Sunray dive Holiday, L34691 Math- IS Family Atdrdabk Completed!f 18,800, Hisnmock Ridge Hernando Gatlen 104 8274 Omaha Or Wing FUJI, L34006 Moil -18 Family Affordable Completed $ IfLO00.000 Covenant Vies Pehn Bend,, Gatlen 144 601 Covenant May -18 contity rrnplte0 E 21900. Befa Glade, FL3343 Azmible Arbor Viae 8rmwertl Mid -Rise 100 Margate.IFL33063 June -18 Affordable, corm fisted $ 27.00130.000 Pro— Perk Mian. -Dade Oadm 150 13105 SW 24811, Street Decennbet-� Family Com~ E 34710,817 Princeton, FL Affordable Douglas GerdmsV Browad M.d4bee 110 709 SW 88 Amus Pembroke Pines L 33025 March -19 Affordable Affordable Completed 21000, 000 Twin Lances Estates. Phase i Pena Gartlan 100 5011-laciellAmue Lakeland L 33801 Mad,, -19 Senior Affordable Completed E 17,000. 000 Heron Eaaee: Sr. Palen Beech Garden 101 2014 W 17 Hurt Riviera Beach, FL 33404 A y 20 Senior Affordable Completed f 24000. ODC Hammack R.dge it Hernando Mid -Rise 92 SM4 Omaha Orde A1oy 20 Senior GbCnplted f 14400, 000 Spring Hal, 134606 Affordable Freedom Gadans9 Hernando290 Gatlen 94 Revere Road Brooksville, FL 34601 FBDru February -20 Family Affordable - Completed $ 15.000.000 Th.Addiam Manatee Mild -Rise 90 702M Avenue Egyp Bradenton 34206 Family Affordable pp,pwted E 21800. 000 Use Trails Brevadl Garden 86 1705 South De Leon Avenue TW slle L 327 November 20 Sonar Affordable Completed f 18300, ODO I sles a Pahokee, 11 Palm Beach Garden 129 308Pope Court January 211 Senior Completedf 15,500,ODO Panokee, L33476 Affordable The PalmsTown Center F7 alga Gaden 88 Pam Coast. FL OdmMr40 Family AZdable Coropleted f 16LOOD.ODO Osprey Pointe Pasty Gatlen 110 Dade City, FL December. Family20 Aff dank Completed E 22350. Twin Lakes Etaces Phase 11 Polk Gartlan L32 501 Hassell Avenue Lakeland L 33801 Mry21 Family Affordable Completed $ 19,OOD, ODO Mm'slan6ng Miami -Dade Gaden 76 Kendall. FL September -2l Family A Family e Completed S 18.800.000 M6ege View Brov rd Nigo{Lim 98 FortLaaderdale,L Ocuil r-21 Sen— Aedffile Completed f 31.600,000 Oaks a Lakeside M-- saden 90 Bradenton. L Family Affordable OmpAed E 18,000,000 Father Mer9uess8arry Apartments Mis m4Mde Bad. 50 301 NW 17th Sheet F ew11ry22 Serraor MIad,FL33136 Affordable Completed E 126001000 Lafayette Park Lem Gad. 95 Tallahassee. L Jam y,,.2. Family Affordable Completed $ 20,4001.000 Valencia Greve 11 Lake Garden 110 Eustis Lake County, L DecoRo w-21ior A e ffbirdable Completed S 20.200.000 Hudson Village Brmwatl HIM -Rise 96 901 S Federal Hvy, Holywood FL 3302D Agll-22 A/odeble Completed E 34900. Oak Vafley Marion Uteri 96 805 NW 20th Street Ocala, FL 34470 EeL My22 Fanay, A1Mtle6M 0-pleted $ Heron Etetes Fanily Palm Beach Gaden 79 RWWa Beach. FL Mali -IlnOsf Contrudion E 2069OIXODO AlFamily viniable, Exhibit A D"Opmeal. Narms Florida BuildinaType Units Add— Copl�icr Daw Omolpraphic Status E5LTo%ID Opment eryw Len6n 1914 Bry'. Lm1608 Way Fanny g Clq 6atlen B6 Mi00ebure FL 32088 AIFdable 1 "d' OalW'oj n f 21.BW.ODO 9,68 5,693 5.992 8,&17 D.000 Z406 D.WQ 8.017 %wo 1.794 %000 D.000 0.000 D,903 11,1541 4,37 D.33 1.763 1535 4000 '.138 L088 4000 L591 LO56 1,142 Attachment 113 Attachment 1 HOUSING TRUST GROUP #1 AFFORDABLE HOUSING G DEVELOPER IN FLORIDA HTG (Housing Trust Group) is a fully integrated, award winning real estate enterprise specializing in the investment, development and management of real estate assets for affordable, workforce, and conventional multi -family residential housing across the Country. HTG is dedicated to providing the best service to our clients and partners and we strive to be dynamic and flexible in order to most effectively deliver the best results. Since our inception in 1997, HTG and its principals have developed more than 8,000 units of multi -family housing. We have worked closely with local governments in Miami - Dade, Broward, Palm Beach and throughout Florida to support their housing goals. HTG is committed to its residents and continually works on improving and enhancing its communities. Our goal is to provide families and individuals with a safe, clean and comfortable living environment. HTG is experienced in partnering with local municipalities and non-profit organizations to provide quality affordable housing and beneficial resident services. Important to our success is our ability to develop unique partnerships with both the private and public sectors. As a result HTG has become a national leader in providing fully integrated multifamily development services. We have also participated in community partnerships with CRAs and non-profit organizations in developments like Courtside Apartments in Miami -Dade County and Douglas Gardens V in Broward County. In 2006, HTG built Green Cay Village, the largest mixed income development in the history of Palm Beach. The 420 -unit property includes 160 for sale condos, 160 affordable rental units and 100 for sale townhomes, all located in Boynton Beach. Green Cay is geared towards fireman, teachers, healthcare workers and other professions vitally important to the community. It currently serves as market -rate, workforce and affordable housing all in one property. This development has been widely acclaimed in the local media and in national publications for its attractive pricing, quality upgrades, and its unique energy efficient and environment friendly features. HTG hopes to spur more developments like this in Florida. HTG provides unit features that go above and beyond what is customarily seen in the industry to make all of our affordable properties look and function like market rate developments. HTG understands the high demand for affordable housing and the limited availability of funding sources. In order to provide the quality we have become associated with, the HTG development team is an expert in leveraging funds and adhering to strict budgets and timelines. 114 Attachment 1 HOUSING TRUST GROUP HTG FINANCIAL EXPERIENCE & CAPACITY HTG's experience, track record, and strong relationships with financial partners continually allow us to secure the most competitive terms in the debt and equity markets. With the lack of soft financing available it has become a continued challenge to feasibly structure the necessary sources to develop quality affordable and workforce housing throughout the country and particularly within the State of Florida. Creativity, tenacity, and ingenuity in leveraging all available sources of funding has become a critical component within HTG's success in developing projects of similar scale. Our team has demonstrated a keen ability to leverage public resources including municipal land and federal and state tax credits to secure additional sources of subsidy. These sources often include Department of Revenue Sales Tax Rebates, FHA -insured mortgages (221(d)(4) and 223(f) loans), Multi -family Mortgage Revenue Bonds, Federal Home Loan Bank Grants, Hope VI, ARRA funds (NSP, TCEP, etc.), HOME Investment Partnership loans, Affordable Housing Partnership loan (AHP), State Apartment Incentive Loan program (SAIL), CDBG, TIF and renewable energy incentives, as well as various other state and local programs. All funding applications are prepared in-house, as is the financial feasibility analysis to determine the appropriate financial structure for each new development. HTG staff has successfully submitted exemplary Florida Housing LIHTC applications over the last 20 years. This is evident by the number of perfect applications submitted that do not contain deficiencies, guaranteeing our allocation even when challenged by competing developers. Conversely, we are very adept at scouring our competitor's applications for deficiencies that often put our applications in a more competitive position after submission and ranking. HTG has never failed to close on a transaction once they have received an allocation of housing credits. All of our developments have met their placed -in-service deadlines and never fallen out of compliance with governing regulations. In order to best manage financial risk in our developments, HTG only pursues financing with the most favorable terms from lenders and partners we have experience in working with or from which we can obtain solid references. We are conservative in projecting our income, operating, and development cost. We only hire fully bondable general contractors with solid balance sheets who have a proven track record of bringing developments in on time and on budget. We ensure adequately funded contingencies and reserves to cover unforeseen costs. 115 Attachment 1 HOUSING TRUST GROUP RESiTMES OF KEY PERSONNEL HTG OMatthew Rieger President and CEO, Housing Trust Group Matthew Rieger is Manager, President and CEO of HTG, an award-winning, full- service developer of multifamily residential communities whose real estate transactions have exceeded $2 billion in commercial, land and residential developments across Florida, the Southeastern U.S., and Arizona. Prior to joining HTG, Matthew served as an attorney at a large law firm, where he was involved in over $1 billion worth of transactions including acquisitions, development, re -financings, and joint ventures in the United States and abroad. As Manager, President and CEO of HTG since 2011, Matthew has focused on expanding HTG's capacity and development pipeline, bringing greater awareness to the issue of affordable and workforce housing and working alongside industry leaders, public officials and legislators to shape policy that benefits working-class communities and families. Matthew is a native of Miami and is a third generation Floridian. He is a member of the Florida Bar Association and American Bar Association and earned his Juris Doctorate from Nova Southeastern University. Matthew also holds a Bachelor of Arts degree in Geography from the University of Florida. ORandy Rieger Chairman and Founder, Housing Trust Group Randy Rieger is the Founder and Chairman of Housing Trust Group, a multi- faceted real estate development company that develops, owns, and manages properties throughout the southeastern United States. The company and its related entities, including RER Family Partnership, Ltd. and RER Family, LLC,'' specialize in the development of multi -family rental communities, affordable multi -family rentals, multi -family student housing communities, commercial developments and multi -family housing sales. Housing Trust Group has been involved in the development, ownership and management of several thousand units nationwide. Prior to forming Housing Trust Group, for some 25 years, Mr. Rieger served as Vice President, then as Managing General Partner, of Royal Palm Beach Colony, L.P. The companywas a large publicly held real estate development company listed on theAmerican Stock Exchange and was actively involved in the development of numerous large-scale communities in Western Palm Beach County, Florida. Under Mr. Rieger's leadership, Royal Palm Beach Colony, L.P. developed the Village of Royal Palm Beach, and nearly 10,000 surrounding acres. 116 Attachment 1 FLA6LER STATION PROJECT STATS: Address: 951 Banyan Blvd West Palm Beach, FL 33401 Property Type: Affordable Senior Community Style: High-rise Building Height: 8 stories Number of Buildings: l Number of Units: 94 Estimated Completion Date: September 2022 PROJECT DESCRIPTION: Flagler Station is located is few blocks from the Brightline West Palm Beach Station and a few hundred feet away from the Tri -Rail. It is located amidst one of the fastest growing areas in West Palm Beach, particularly for market rate multi -family project starts. Amenities include a state-of-the-art multipurpose clubroom with kitchenette and Lounge seating, a outdoor lounge and seating area, a conference room, a resort style swimming pool, a business center, over 2,500 square feet of commerciaVretail space, a fitness center with yoga studio, a package locker room, a ground floor linear park with various active open spaces, electric car charging stations, and it was designed and will be built to the National Green Building Standard. Resident Programs at Flagler Station include Adult Literacy, Employment Assistance Pro- grams, and Financial Management Programs. 1 Attachment 1 VILLAGE VIEW VILLAGE VIEW 640 N Andrews Ave Ft. Lauderdale, Florida 33311 Property Size: 0.94 -acres Property Type: Affordable Elderly Community Style: High-rise Building Height: 7 stories Number of Buildings: 1 Number of Units: 100 Funding: 9% tax credits. Completion Date: August 2021 Village View is located in a prime location in the City of Fort Lauderdale near multiple market -rate and affordable housing including HTG's owned and operated affordable senior community Village Place, which has been at 100% since opening in 2014. The development will incorporate contemporary design elements with two built-in trash chutes on the southeast and southwest wings of the building. The building will include state of the art security system for the safety of our residents. On-site management offices will be open Monday - Friday from 9AM to 6 PM, Saturday from 10AM to 5 PM and on Sundays from 12 to 4PM. W;] Attachment 1 HUDSOX VILLAOE HUDSON VILLAGE 901 S Federal Hwy Hollywood, Florida 33020 Property Size: 0.87 -acres Property Type: Affordable Family Community Style: High-rise Building Height: 8 stories Number of Buildings: 1 Number of Units: 96 Funding: 9% tax credits. Completion Date: December 2021 Hudson Village is located a Circle and just 1.5 miles has direct access to other hubs. few blocks from Young East of I-95. The site cities and employment Hudson Village is a 96 -unit family development consisting of one (1) 8 -story high-rise concrete building, 2,232 SF multi-purpose room, fitness center, swimming pool deck with lounging areas, business center with computers and over 110 on-site parking spaces. Resident Programs include Adult Literacy training, Employment Assistance and Financial Management. Hudson Village will also have a National Green Building Standards (NGBS) Certification upon completion. M Attachment 1 MAX'S LAXDIN6 PROJECT STATS: Address: 8905 SW 169th Court, Miami -Dade County, FL 33196 Property Type: Affordable Multifamily Community Style: Garden Building Height: 3 stories Number of Buildings: 1 Number of Units: 76 Completion Date: July 2021 PROJECT DESCRIPTION: Located in Miami -Dade County, Max's Landing (f/k/a Paradise Lakes) will be a new multifamily mixed -income and mixed-use apartment community for families. Incorporated unique design elements that are consistent with the master plan development scheme for this larger PUD community. Amenities include a state-of-the-art multipurpose clubroom with kitchenette and lounge seating, a conference room, a business center, over 11,000 square feet of commercial/ retail space, fitness center, a package locker room, various landscaping gardens and elements throughout, electric car charging stations, and it was designed and built to obtain a National Green Building Standards certification. 120 Attachment 1 UXIVERSITY STATIOX UNIVERSITY STATION University Station is a proposed new multifamily mixed - 309 N. 21" Avenue and 2031 Polk Street, income and mixed-use apartment community in partnership Hollywood, FL 33020 with the City of Hollywood that will be developed in two phases families located in Hollywood, Broward County, FL_ Property Size: 2.5 acres The residential community, which was designed by Corwil Property Type: Affordable and Market -Rate Architects incorporates unique TOD mixed-use design Community Style: High -Rise elements for promotion of active use spaces and the future Building Height: 8 stories FEC Commuter Rail Transit Center. Number of Buildings: 2 Number of Units: 216 units The amenities at University Station will include a state -of - Status: Funded, in pre -development the -art clubhouse, commercial spaces for local businesses, pedestrian friendly frontage and access throughout, a large pedestrian plaza, a vertical garden, a large-scale pedestrian bridge connecting both residential buildings, intricate landscaping and paver design elements, and an artistic parking garage with rooftop amenities including a resort style swimming pool, a rooftop soccer field and a basketball cou rt. University Station is being designed to the National Green Building Standards (NGBS) Certification program. 121 Attachment 1 RAINBOW VILLA6L RAINBOW VILLAGE Rainbow Village is a proposed new multifamily mixed 2000 NW 31 Ave, Miami, FL income and mixed-use development in partnership with Miami -Dade County that will be developed in various Property Size: 23 acres phases under two possible scenarios, Scenarios A and B. Property Type: Affordable, Public Housing, RAD, Workforce, and Market -Rate Under Scenario A, HTG proposes to develop the Project Site Community Style: Mid -Rise and HighRise with 1,014 mixed -income units, including 136 RAD units, Building Height: 5 stories and 8 stories subject to the approval of the Project Site rezoning to T-5 Number of Buildings: 10 under the Miami 21 Zoning Code Successional Zoning Number of Units: 1,316 units process by the City of Miami. Funding: TBD (LIHTC & Private Equity) Under Scenario B, HTG proposes to expand the develop - Status: Funded; in pre -development ment site by 10.7 acres, which, if realized, may include, (a) an educational component through the redevelopment of the Paul L. Dunbar K-8 Center in partnership with the School Board of Miami -Dade County, Florida; (b) additional mixed-income/market-rate housing through the redevelop- ment of the 2000 NW 5th Place apartment site in partner- ship with Mana Wynwood; (c) approximately 70,000+/ - square feet of commercial retail and office space; and d) a community center, an early education center, and other community amenities. 122 Attachment 1 VILLAGE PLACE VILLAGE PLACE 720 NE 4th Avenue Ft. Lauderdale, Florida 33304 Property Size: 1.08 -acres Property Type: Affordable Elderly Community Style: Mid -rise Building Height: 6 stories Number of Buildings: 1 Number of Units: 112 Funding: 9% tax credits. Completion Date: November 2014 Village Place is located in in the heart of downtown Ft. Lauderdale, near Las Olas. Village Place Apartments is a new construction, six -story midrise development with 112 affordable apartments targeted for people aged 55 -and -older who earn between 25 percent and 60 percent of the area's median income. The new community aims to create a safe and attractive environment for its residents with access to amenities like a clubhouse, fitness center, library, courtyard, rooftop pool, and private garage parking. Village Place won the National Association of Home Builder's Silver Award in 2017 for Best of 55+ Affordable Rental Community category. 123 Attachment 1 AR130R VIEW ARBOR VIEW The 2.5 acre development is located within the city of 3100 N State Road 7 Margate, Broward County on a major transit corridor, Margate, Florida 33063 State Road 7. Property Size: 2.4 -acres Property Type: Affordable Senior Community Style: Mid -rise Building Height: 6 stories Number of Buildings: 1 Number of Units: 100 Funding: 9% tax credits Completion Date: June 2018 Services: Computer Training, Daily Activities, Housekeeping/Shopping/Laundry Assistance, 24- hour support for residents. Arbor View will serve the elderly demographic. The unit mix will consist of sixty-four (64) 1 bed/1 bath units, and thirty-six (36) 2bed/2bath units. Ninety (90) of the total units will be set-aside for tenants earning at or below 60% AMI, and 10 of the units will be set- aside for tenants earning at or below 33% AMI. The community will offer a resort style swimming pool, dog park, shuffle board courts, fitness center and many other amenities for our residents. 124 Attachment 1 AVIVA. MESA AVIVA 8340 E Baseline Road Mesa, AZ 85209 Property Size: 8.62 -acres Property Type: Market -rate Community Style: Garden, concrete Building Height: 3 stories Number of Buildings: 12 Number of Units: 325 Funding: HUD 221(d)4 Completion Date: August 2018 Aviva is one of the newest luxury apartment communities in the growing East Valley that brings green living to the suburbs. At Aviva, you have a contemporary, urban lifestyle with open floor plans, modern apartments and unparalleled common - area amenities. The development involves HUD Approvals in every stage of the development, as it was financed through a 221(d)4 loan for market rate development. This involves as much compliance and experience as HUD's low-income programs. Aviva has one of the largest resort -style pools in the metro area with outdoor jacuais, spas, fire pits, cabanas and premium kitchen grills, a state-of-the- art health and wellness center with TRX suspension equipment and spinning studio, a media and game room with a lounge and billiards, co -working spaces and conference room, a basketball court, a jogging path with fitness stations, plus a dog park and childen's playground. 125 Attachment 1 PRIXCETOX PARK 13105 SW 248" Street, Princeton, FL 33032 Property Size: 8 acres Property Type: Affordable Community Style: Garden -Style Building Height: 3 stories Number of Buildings: 4 Number of Units: 150 units Funding: 9% tax credits Completion Date: January 2019 Princeton Park is a new multifamily mixed -income apartment community located in southern Miami -Dade County. The residential award-winning community, which was designed by Corwil Architects incorporated contemporary, green -focused design elements The amenities at Princeton Park include a state-of-the-art clubhouse with a clubroom, pool table, lounge seating, fitness center, dog park, playground, walking trail and resort style pool. Resident Programs at Princeton Park include Literacy Training, Employment Assistance Programs, and Family Support Coordinators. Princeton Park was built to the National Green Building Standards (NGBS) Certification program. 126 Attachment 1 WAGNER CREEK WAGNER CREEK 1501 NW 13th Court Miami, Florida 33125 Property Size: <0.5 -acres Property Type: Workforce, Afford- able and Public Housing Community Style: High-rise Building Height: 11 stories Number of Buildings: 1 Number of Units: 73 Funding: 9% tax credits, Surtax, and HOME Completion Date: February 2017 Wagner Creek is a new 73 unit mixedincome apartment community in the heart of the Health District. Its ideal location adjacent to University of Miami Hospital, the Miami VA Hospital, and the Civic Center Metro Rail Station makes it a pedestrian friendly TOD community. To serve the diverse demographics within the Health District, Wagner Creek integrates mixed in- comes with 93% of the units set-aside for resi- dents at or below 60% AMI and 7% of the units for workforce housing residents at or below 120% AMI. Amenities include a rooftop terrace and garden overlooking the City and new Marlins Stadium, state-of-the-art gym, computer lab with wifi lounge, and a large community room. The devel- opment achieved National Green Building Standard's silver designation. 127 Attachment 1 COURTSIDE APARTMENTS COURTSIDE APARTMENTS 1600 NW 3rd Avenue Miami, Florida 33136 Property Size: 2.31 -acres Property Type: Affordable Multi -Family Community Style: Mid -rise Building Height: 6 stories Number of Buildings: 1 Number of Units: 84 Funding: Souheast Overtown/Park West CRA Loan, Miami -Dade HFA Bonds and Surtax, 4% tax credits. Completion Date: November 2016 t r�ay -"la.. Courtside Family Apartments is located in Miami's historic Overtown district in the Southeast Overtown Park West (SEOPW) CRA, and on the grounds of the County owned Culmer Neighborhood Center. Courtside Family Apartments is a new construction, six -story midrise development with 84 affordable apartments. The new community aims to create a more pedestrian friendly environment on the grounds of the Culmer Center and serve as a catalyst for future development in the area, as well as provide residents with access to governmental services, small business opportunities, and neighborhood -oriented shopping. Some amenities include state of the art theater/media room, basketball court, covered outdoor BBQ area, fitness center, computer lab, and library. 128 Attachment 0 129 Attachment 2 Experience & Qualifications List of HTG's prior development experience and pipeline. RMN Grande Pointe Orange 276 August=01 $17,969,282 ............ .............. .. .. 2 Colony Park .................................. 3 Emerald Palms .................................. 4 The Chateau .................................. 5 Venice Cove .................................. 6 Marina Bay .................................. 7 Venetian Isles I .................................. 8 Preserve at San Luis .................................. 9 Groves At Wimauma .................................. 10 The Kensington .................................. 11 Venetian Isles II .................................. 12 Chapel Trace .................................. 13 Malibu Bay .................................. 14 Campus Club .................................. 15 Preserve at River's Edge .................................. 16 The Oasis at Peart Lake .................................. 17 Green Cay Village THs .................................. 18 Green Cay Village Condos .................................. 19 Palm Park .................................. 20 Veranda Senior Apts .................................. Palm Beach ................ Broward ................ Leon ................ Broward ................ Palm Beach ................ Palm Beach ................ Leon ................ Hillsborough ................ Palm Beach ................ Palm Beach ................ Orange ................ Palm Beach ................ Hillsborough ................ Volusia ................ Seminole ................ Palm Beach ................ Palm Beach ................ Palm Beach ................ Miami -Dade ................ 21 540 Town Center [Pinellas 22 .................................. Pine Run Villas 23 .................................. Village Place 24 .................................. Whispering Palms 25 Valencia Grove .................................. 26 .................................. Courtside Apartments 27 .................................. Wagner Creek 28 Freedom Gardens 29 .................................. Park at Wellington 30 Park at Wellington II Palm Beach Broward ................ Pinellas ................ Lake ................ Miami -Dade ................ Miami -Dade ................ Hernando ................ Pasco ................ Pasco 130 .......... May -02 .................. 318 .......... June -02 .................. 36 August -02 .......... 150 .......... .................. November -02 192 .................. December -02 .......... 288 ............................. .................. February -03 190 .......... August -03 .................. 108 .......... October -03 .................. 163 .......... January -04 .................. 112 .......... February -04 .................. 312 .......... February -04 .................. 264 .......... April -05 .................. 64 .......... August -05 .................. 180 .......... September -05 .................. 316 ............................. March -07 100 ............................. June -07 160 .......... June -07 ...........1....... 160 ....................... August -07 99 ........... .................. January -12 146 January -13 63 July _13 -13 ..., 112 .......... November -14 .................. 63 .......... November -15 .................. 144 November -16 .......... 84 .............. .................. November -16 73 ......... .............. January -17 .0 ............... 96 August -17 110 August -17 . . . 110 March -18 $13,241,339 ................ $23,792,185 ................ $4,500,000 ................ $15,074,942 •............... $16,145,375 ................ $29,426,693 ................ $23,000,000 ................ $4,300,000 ................ $18,523,429 ................ $14;192,003 ................ $16,249,000 ................ $29,521,257 ................ $12,017,644 ................ $7,200,000 ................ $12,640,000 ................ $2,840,666 ................ $4,762,779 ................ $24,780,341 $20,796,870 ................ $2450000@ ................ $13,431,509 $25,016,992 ................ $11,000,000 ................ $21,000,009 ................ $20,000,000 ................ $22,800,000 $17,300,000 . $19,500,000 $16,800,000 Garden Garden ............. Duplex Garden Garden Garden ............. Garden Townhome Garden Garden Garden Garden Garden Mid -Rise Garden Garden Townhome Garden ............ Garden . Garden High -Rise .,.......... Townhome Mid -Rise Garden ............. Garden •Mid -Rise . High -Rise Garden Garden Mid -Rise 130 Attachment 2 31 Ham.mock .Ridge. ......... Hernando 104 1 pril-18.. .................... A ......... 32 Covenant Villas .................................. 33 Arbor View .................................. 34 Princeton Park .................................. 35 Douglas Gardens V .................................. 36 Twin Lakes Estates, Phase I .................................. 37 Heron Estates Sr. .................................. 38 Hammock Ridge II .................................. 39 Freedom Gardens II ... ............................ 40 The Addison 41 Luna Trails 42 Isles of Pahokee, II .................................. 43 The Palms at Town Center .................................. 44 Osprey Pointe .................................. 45 Twin Lakes Estates, Phase II .................................. 46 Paradise Lakes Apartments .................................. 47 Village View .................................. 48 Oaks at Lakeside .................................. 49 Father Marquess -Barry Apts .................................. 50 Heron Estates Family 51 Lafayette Gardens .................................. 52 Hudson Village ......................... 53 Valencia Grove II .................................. 54 Oak Valley .................................. 55 Ftagler Station .................................. 56 Park Ridge .................................. 57 Shoreline Villas .................................. 58 Mount Hermon Apartments 59 Riverview6 .................................. 60 Tucker Tower .................................. 61 University Station .................................. 62 Hillsboro Landing 63 Rainbow Village - Phase I Palm Beach ................. Broward ................. Miami -Dade ................. Broward ................. Polk ................. Palm Beach ................. Hernando ................. Hernando ................. Manattee Brevard •. Palm Beach. ................. Flagter ................. Pasco ................. Polk ................. Miami -Dade ................. Broward ................. Manattee ................. Miami -Dade ................. Palm Beach. . Leon Broward Lake ................. Marion • Palm Beach ................. Polk ................. Okaloosa ................. Broward Manatee ................. Miami -Dade ................. Broward ................. Broward Miami -Dade 144 ......... May -18 .................. 100 ......... June -18 .................. 150 ......... December -18 .................. 110 ......... March -19 .................. 100 ......... March -19 .................. 101 ......... March -20 .................. 92 ......... May -20 .................. 94February-20 ......... .................. 90 .. July -20 86 .... November -20 .............. 129 ......... January -20 .................. 88 ......... March -20 .................. 110 ......... June - 20 .................. 132 ......... June `21 .................. 76 ......... June `21 .................. 96 ......... June `21 .................. 96 ......... June `21 .................. 50 December'21 79 1. May '22 96 1 September ,21 110 1 September '21 96 March `22 94 ......... September `22 .................. 96 ......... December `22 .................. 72 ......... September `22 .................. 104 August `23 80 ......... June `23 .................. 120 ......... November `23 .................. 216 ......... December `23 .................. 75 December `23 299 December `23 Garden Garden Mid -Rise Garden Mid -Rise Garden Garden Mid -Rise Garden Mid. Rise Garden . •Garden Garden Garden Garden Garden High -Rise Garden Garden Garden Garden High .Rise Garden Garden High -Rise Garden Garden High -Rise Mid -Rise High -Rise High -Rise Mid -Rise Mid -Rise 131 Attachment 2 64 .................................. Courtside Apartments II Miami -Dade ................. 120 ......... October'23 .................. $36,000,000 Mid -Rise 65 Orchid Lake Brevard 90 October `23 ................ $24,150,@@@ ............. Garden 66 .................................. Naranja Grand Miami -Dade ................. 120 ......... March '24 .................. $36,400,500 High -Rise 67 .................................. Oasis at Aventura Miami -Dade ................. 95 -120-.................. May `24 ................ $44,050,600 ............. High -Rise 68 Astoria on 9th Manatee 120 May `24 ................ $31,80@,7@0 ............. Mid -Rise .................................. 69 .................................. Princeton Grove ................. Okaloosa ......... 1@7 .................. June `24 ................ $27,600,00@ ............. Mid -Rise ?0 .................................. Naranja Grand II ................. Miami -Dade ................. ......... 200 .................. July `24 ................ $49,680,000 ............. High -Rise 71 Tallman Pines Villas Broward ......... 80 .................. July `24 ................ $26,870,@@0 ............. Garden 72 River Ridge .................................. 73 Reserve at Creekside .................................. 74 Forest Cove, Phase I .................................. 75 Forest Cove, Phase II .................................. 76 Aviva .................................. 77 Aviva Goodyear .................................. 78 Crescent Place .................................. 79 Park Tower .................................. 80 The Rushmore .................................. 81 Inn Town Lofts 9,134 Cherokee, Georgia ....................................................... Hamilton, Tennessee ....................................................... Hamilton, Tennessee ....................................................... Hamilton, Tennessee ....................................................... Maricopa, Arizona ....................................................... Maricopa, Arizona ....................................................... Arlington Heights, Illinois ....................................................... Tarrant, Texas ....................................................... Harris, Texas ....................................................... Lubbock, Texas 356 ..................... 192 ..................... 120 ..................... 72 325 ..................... 288 ..................... 40 ..................... 90 ..................... 101 ..................... 56 1,640 132 Attachment 2 HTG HOUSING TRUST GROUP ADDRESSES FOR DEVELOPMENTS IN THE PREVIOUS LIST Development Address Grande Pointe 276 1705 Grande Pointe Boulevard Orlando, FL 32839 Colony Park 130 8215 Belvedere Road West Palm Beach, FL 33411 Emerald Palms 318 5331 SW 43rd Terrace Dania Beach, FL 33314 The Chateau 36 511 N. Woodward Avenue Tallahassee, Florida 32304 Venice Cove 150 721 N.W. 19th Street Fort Lauderdale, FL 33311 Marina Bay 192 2400 Lantana Road Lake Worth, FL 33462 Venetian Isles 1 288 800 Venetian Isles Drive Lake Park, FL 33403 Preserve San Luis 190 1560 San Luis Road at Tallahassee, FL 32304 Groves At Wimauma 108 5411 Palm Dunes Ct Wimauma, Florida 33598 The Kensington 163 300 Crestwood Circle Royal Palm Beach, FL 33411 Venetian Isles 11 112 800 Venetian Isles Drive Lake Park, FL 33403 Chapel Trace 312 562 Chapel Trace Drive Orlando, FL 32807 Malibu Bay 264 750 Malibu Bay Drive West Palm Beach, FL 33401 Campus Club 64 5651 East Fletcher Avenue Tampa, FL 33617 Preserve at River's Edge 180 1401 S Palmetto Avenue Daytona Beach, FL 32114 The Oasis at Pearl Lake 316 1037 Alden Pkwy Altamonte Springs, FL 32714 Green Cay Village 100 12577 Green Cay Farm Boulevard, Boynton Town Homes Beach, FL 33437 Green Cay Village 160 12576 Green Cay Farm Boulevard, Boynton Condominium Beach, FL 33437 Palm Park f/k/a 160 12575 Green Cay Farm Boulevard, Boynton Green Cay Village Apartments Beach, FL 33437 Veranda Senior Apartments 99 28355 SW 152nd Avenue Homestead, FL 33033 1 jj As of: 9/1/2022 Attachment 2 HTG HOUSING TRUST GROUP ADDRESSES FOR DEVELOPMENTS IN THE PREVIOUS LIST Development Address 540 2nd Avenue South 540 Town Center 146 St. Petersburg, FL 33701 Pine Run Villas 63 5212 Sunset Trail Lake Worth, FL 33463 Village Place 112 720 NE 4th Avenue Fort Lauderdale, FL 33304 Whispering Palms 63 601 16th Avenue SE Largo, FL 33771 Valencia Grove 144 551 Huffstetler Drive Eustis, FL 32726 Courtside Apartments 84 1700 NW 4th Avenue Miami, FL 33136 Wagner Creek 73 1501 NW 13th Court Miami, FL 33125 Freedom Gardens 96 1130 South Main St. Brooksville, FL 34601 Park at Wellington 110 4369 Sunray Drive Holiday, FL 34691 Park at Wellington II 110 4370 Sunray Drive Holiday, FL 34691 Hammock Ridge 104 8274 Omaha Cir Spring Hill, FL 34606 Covenant Villas 144 601 Covenant Drive Belle Glade, FL 33430 Arbor View 100 3100 N SR 7 Margate, FL 33063 Princeton Park 150 13105 SW 248th Street, Princeton, FL Douglas Gardens V 110 709 SW 88 Avenue Pembroke Pines, FL 33025 Twin Lakes Estates, Phase I 100 501 Hartsell Avenue Lakeland, FL 33801 Heron Estates Sr. 101 2014 W 17 Court Riviera Beach, FL 33404 Hammock Ridge II 92 8234 Omaha Circle Spring Hill, FL 34606 Freedom Gardens II 94 290 Revere Road Brooksville, FL 34601 The Addison 90 702 6th Avenue E Bradenton 34208 H&= As of: 9/1/2022 Attachment 2 ATG HOUSING TRUST GROUP ADDRESSES FOR DEVELOPMENTS IN THE PREVIOUS LIST Development Address Luna Trails 86 1705 South De Leon Avenue Titusville FL 32780 Isles of Pahokee, II 129 308 Pope CourtPahokee, FL 33476 The Palms at Town Center 88 Palm Coast, FL Osprey Pointe 110 Dade City, FL Twin Lakes Estates, Phase II 132 501 Hartsell Avenue Lakeland, FL 33801 Paradise Lakes Apartments 76 Kendall, FL Village View 96 Fort Lauderdale, FL Oaks at Lakeside 96 Bradenton, FL Father Marquess -Barry Apartments 50 301 NW 17th Street Miami, FL 33136 Heron Estates Family 79 Riviera Beach, FL Lafayette Park 96 Tallahassee, FL Hudson Village 96 901 S Federal Hwy, Hollywood, FL 33020 Valencia Grove 11 110 TBD Oak Valley 96 805 NW 28th Street, Ocala, FL 34470 Total Units 7,044 135 As of: 9/1/2022 Attachment 3 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 AGREEMENT FOR PURCHASE AND SALE This AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is entered into by Mazalpov, LLC a Florida Limited Liability Company (referred to herein as the "Seller") and HOUSING TRUST GROUP, LLC, a Florida limited liability company ("Buyer"). BACKGROUND: Seller is currently the owner of approximately +/-6.68 acres of land in Unincorporated Indian River County, which is more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property'). The parties to this Agreement have agreed to the sale and purchase of the Property on the terms and conditions which are set forth in this Agreement. AGREEMENT: 1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement, Seller will sell to Buyer and Buyer will purchase from Seller the Property, together with all appurtenances, rights, easements and rights of way incident thereto. 2. Purchase Price. The purchase price to be paid by Buyer to Seller for the Property is One Million and Two Hundred and Fifty Thousand and no/00 Dollars ($1,250,000.00) (the "Purchase Price"). (a) Deposits. (i) First: Within five (5) business days of the Effective Date (as defined herein), Buyer shall deposit with Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., as escrow agent ("Escrow Agent"), the sum of Twenty Five Thousand and no/00 Dollars ($25,000.00) (the "First Deposit"). (ii) Second: Assuming Buyer has not otherwise terminated this Agreement, Buyer shall deposit the sum of Twenty Five Thousand and no/00 Dollars ($25,000.00) ("Second Deposit") with Escrow Agent upon the expiration of the Investigation Period (as defined in Section 4 below). (iii) The First Deposit, Second Deposit and any Extension Payment (as later defined) are hereinafter referred to, collectively, as the "Deposit". Any and all interest earned on the Deposit shall be paid to Buyer unless Buyer shall be in default of its obligations under this Agreement and in such event such interest shall be paid to Seller. (b) Refundability. The Deposit shall be refundable to Buyer if Buyer terminates this Agreement for any reason and in its sole and absolute discretion between the Effective Date and the expiration of the Investigation Period. Following the expiration of the Investigation Period, the Deposit shall be non-refundable to Buyer, unless Buyer terminates this Agreement due to any of the following: (1) pursuant to Buyer's right to terminate pursuant to this Agreement, (2) pursuant to Buyer's right to terminate in the event of an uncured title defect, (3) pursuant to Buyer's right to terminate as a result of a moratoria at the Property, (4) pursuant to Buyer's right to terminate as Q,Jt ( 137 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 a result of a condemnation at the Property, and (5) as a result of Seller's breach of this Agreement. (c) Payment of Purchase Price. At the time of the Closing, Buyer will pay to Seller, by wire transfer of funds, the Purchase Price as adjusted for prorations and adjustments as set forth in this Agreement. At the Closing, the Deposit shall be credited to Buyer's obligations to pay the Purchase Price hereunder. (d) Local Government Contribution Conditions. Seller understands that the Property only meets the State's funding goal if it obtains a contribution from a local government. The following shall only take place if the Buyer is successful at obtaining a $340,000 Local Government Contribution from Indian River County or the City of Vero Beach: (i) If Buyer terminates this Agreement before the expiration of the Investigation Period, Buyer shall direct Escrow Agent to release Ten Thousand and no/00 Dollars ($10,000) to Seller ("Feasibility Fee"). (ii) Fifteen (15) days after expiration of the Investigation Period, and assuming Buyer has not otherwise terminated this Agreement, Buyer shall direct Escrow Agent to release all Deposits earned to date to Seller. (iii) Assuming Buyer has not otherwise terminated this Agreement, five days after application submission, Buyer will provide Seller with a copy of the 9% tax credit application submitted to Florida Housing Finance Corporation. The application will have a submission stamp showing the date of submission and assigned application number. 3. Title and Title Insurance and Survey. (a) Tit e. Five (5) business days after the Effective Date, Seller shall provide Buyer with its owner's title policy received by Seller at the time of Seller's acquisition of the Property, if any, insuring Seller's title to the Property. Buyer may obtain a commitment (the "Title Commitment") for an owner's title insurance policy, together with legible copies of all documents referenced therein, issued by a title insurance company acceptable to Buyer ("Title Company"). The Title Commitment shall have a date subsequent to the Effective Date and shall show that title to the Property is good and marketable and insurable subject to no liens, encumbrances, exceptions or qualifications which would preclude Buyer, in its sole discretion, from constructing and developing the Contemplated Improvements (as defined herein). Buyer shall have fifteen (15) business days from receipt of the Title Commitment and the Survey (as defined herein) in which to examine the condition of title. If Buyer fails to provide Seller with written notice of specific defects that make title to the Property other than as required by this Section 3 within such fifteen (15) business day period, then, for all purposes of this Agreement, Buyer shall be deemed to have accepted title in the condition described in the Title Commitment. Any title exceptions which are not objected to within such fifteen (15) business day period shall be deemed to be acceptable in all respects to Buyer. If Buyer timely notifies Seller that title does not satisfy the requirements of this Section 3, then Seller agrees to use reasonable diligence to make title good, marketable and insur- able, for which purpose Seller shall have a reasonable time in which to do so but in no event more a 138 0 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 than sixty (60) days from the receipt of Buyer's written notice that title is unacceptable. After reasonable diligence on the part of Seller, if title is not rendered as required by this Section 3, then at the end of such sixty (60) day period, the Deposit, at the election of Buyer, shall be returned to Buyer, this Agreement shall be terminated and all parties hereto shall be released from any and all obligations and liabilities hereunder other than those that specifically survive hereunder. At any time prior to such termination, Buyer may elect by written notice to Seller to waive any defects in title, in which event the Closing shall take place pursuant to this Agreement without any abatement whatsoever in the Purchase Price. In the event that any title exception shall appear subsequent to the date of the Title Commitment, the existence of same shall constitute a default hereunder, unless Buyer shall not object to such title exception. (b) Survey. Within rive (5) business days after the Effective Date, Seller shall provide Buyer with the most recent survey of the Property in Seller's possession. Buyer may, at Buyer's expense, order and subsequently obtain a current topographical and boundary survey of the Property (the "Survey"). The Survey shall show that there are no encroachments on the Property. Any encroachments shown shall be treated as a title defect and the terms and conditions set forth in Section 3(a) of this Agreement shall apply with respect thereto. Buyer shall notify Seller of survey defects within fifteen (15) business days following receipt of the Title Commitment and the Survey. 4. InvestiLiation Period. Buyer shall have the period beginning on the Effective Date and ending April 30, 2023 (the "Investigation Period") in which to determine that the Property can be developed for multi -family affordable housing with associated amenities (the "Contemplated Improvements") pursuant to a plan satisfactory to Buyer in its sole and absolute discretion. Among other things, Buyer shall verify that (a) adequate utility service is or will be made available by a public utility company to a boundary of the Property; (b) municipal fees, including sewer and water connection fees, do not exceed an amount acceptable to Buyer; (c) there are not unusual soil conditions which would prohibit the standard construction practice for Buyer's intended use of the Property; (d) a market survey and financing feasibility study substantiates the need for a rental housing development in the area of the Property; and (e) all other matters (including, without limitation, the results of any physical inspections, environmental assessments, wetlands assessments, engineering studies and site plan studies) affecting or relating in any way to the Property are otherwise satisfactory to Buyer. During the Investigation Period and until the Closing, Seller shall provide Buyer and its agents with access to the Property, upon forty eight (48) hour advanced notice, to perform tests and inspections and otherwise do all things that may be necessary (including, without limitation, clearing the Property for survey purposes, soil borings, and environmental investigations, among other things), as determined by Buyer in order to accomplish Buyer's goals as set forth in the immediately preceding sentence. Buyer hereby indemnifies and holds Seller harmless from any loss, cost or expense, including, but not limited to, attorneys' fees and costs incurred by Seller as a result of the gross negligence or intentional misconduct of any of Buyer's agents who enter the Property. Notwithstanding anything contained herein to the contrary, Buyer shall have no indemnification obligation with respect to, or other liability for, or in connection with any claims arising from, pre-existing conditions on or under the Property, or those arising from the presence, discovery or disturbance of Hazardous Substances, Hazardous Waste, and Hazardous Materials (as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. `9601 et sea. and the regulations promulgated thereunder (as amended from time to time) and shall include oil and oil waste as those 139 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 terms are defined in the Clean Water Act, 33 U.S.C. 11251 et sea. and the regulations promulgated thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C. '6901 et seq. (as amended from time to time), and the Florida Resource Recovery and Management Act, Florida Statutes `403.70-403.73 (as amended from time to time) and shall include any other elements or compounds contained in the list of hazardous substances adopted by the United States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by the United States Congress or EPA as defined by any other Federal, State or local statute, law, ordinance, code, rule, regulation, order or decree relating to standards of conduct concerning any toxic or dangerous waste or substance). No later than seven (7) days after the Effective Date, Seller shall provide to Buyer any and all information relating to the Property which is in Sellers' possession or control or in the possession or control of Sellers' agents, employees and/or professionals, including, without limitation, full and complete copies of all leases, surveys, topographical maps, soil boring reports, traffic studies, any and all environmental reports, site planning concepts, project approvals, permits, licenses, title policies, proof of payment of school, water, sewer, road and recreational impact fees, homeowners' association documents, developer agreements (whether recorded or not) and any other document of which Seller has knowledge. If for any reason Buyer, in its sole and absolute discretion, determines that the Contemplated Improvements cannot be built on the Property or that Buyer wishes to terminate this Agreement for any reason or no reason at all, then no later than the expiration of the Investigation Period, Buyer shall, in writing, notify Seller that it has elected not to proceed with the transaction contemplated hereby. Thereupon, the Deposit shall immediately be returned to Buyer without the need for any authorization from Seller to Escrow Agent and the parties hereto shall be relieved of all liability under this Agreement other than those that specifically survive hereunder. In the event that Buyer fails to timely notify Seller in writing of its election not to proceed with the transaction contemplated hereby, Buyer shall be deemed to have elected to proceed. Following any inspections upon the Property, Buyer or Buyer's agents shall return the Property to the condition it existed immediately prior to such inspections, reasonable wear and tear excepted. 5. Conditions Precedent to Buyer's Obligation to Close. The following are specific conditions which must be satisfied prior to, and must be true at, Closing: (a) No Governmental Prohibitions. There are no governmental prohibitions that prevent Buyer from constructing the Contemplated Improvements. (b) Access. There shall be direct, uninterrupted and continuous ingress and egress access for pedestrian and vehicular traffic to and from the Property. (c) Other. All of the other conditions set forth in this Agreement to be satisfied prior to the Closing shall have been satisfied in all respects as required by the terms of this Agreement. 4 140 QA l DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 6. Closing and Closing Costs. (a) Closing Date. The purchase and sale contemplated by this Agreement shall close (the "Closing") on or before One Hundred and Eighty (180) days after the expiration of the Investigation Period (the "Closing Date"). (b) Closing Location. The Closing will be held at the offices of Escrow Agent or at such other place as the parties may mutually agree upon. (c) Early Closing. Notwithstanding anything contained herein to the contrary, at any time prior to the scheduled Closing Date, Buyer in its sole discretion may elect to close this transaction. Buyer shall exercise this election by delivering to Seller written notice of Buyer's intention to close which notice shall set a closing date not more than thirty (30) days from the date of such notice. (d) Costs. Seller shall pay the cost of all transfer fees, including, documentary stamps to be affixed to the deed and for the recording of, and any and all other costs relating to obtaining title corrective instruments. Buyer shall pay the cost of the recording of the deed, the owner's title insurance policy premium, the cost of the Survey, any title updates, investigation and lien searches and for all recording costs (except the costs of recording curative documents required pursuant to the terms of Section 3 hereof, which costs shall be paid for by Seller). Seller and Buyer shall each pay for their own legal fees in connection with this Agreement. 7. Extensions. Buyer shall be entitled to Four (4) successive Forty -Five (45) day extensions in total, each of which may be applied towards either the Investigation Period or the Closing Date, at the Buyer's sole option (each an "Extension"). For each Extension, Buyer shall pay the sum of Twenty Five Thousand and no/00 Dollars ($25,000.00) to Seller (each such $25,000.00 payment is hereinafter referred to as an "Extension Payment"). Buyer shall receive a credit against its obligation to pay the Purchase Price hereunder in an amount equal to the aggregate the Extension Payment(s). Each such Extension Payment after the expiration of the Investigation Period shall be non-refundable to Buyer, unless Buyer terminates this Agreement due to any of the following: (1) pursuant to Buyer's right to terminate pursuant to this Agreement, (2) pursuant to Buyer's right to terminate in the event of an uncured title defect, (3) pursuant to Buyer's right to terminate as a result of a moratoria at the Property, (4) pursuant to Buyer's right to terminate as a result of a condemnation at the Property, and (5) as a result of Seller's breach of this Agreement. 8. Seller's Deliveries. Seller shall deliver to Buyer at least five (5) days prior to the Closing copies of the following documents (with the exception of subsection (c) below which shall be delivered at Closing), dated as of the day of Closing, the delivery and accuracy of which shall be a condition to Buyer's obligation to consummate the transactions contemplated hereby: (a) Warran , Deed. A special warranty deed (the "Deed") in recordable form, duly executed by Seller, conveying to Buyer good, marketable and insurable fee simple title to the Property subject only to those exceptions contained in the Title Commitment and approved by Buyer pursuant to the terms of this Agreement, with the legal description provided in the Title Commitment. 141 is QA 1, DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 (b) Affidavit. A no -lien and exclusive possession affidavit in form and content customarily used in Indian River County, Florida. The no -lien affidavit shall relate to any activity of Seller at the Property within the period that a mechanic's lien can be filed based on such activity prior to the Closing. (c) Title Insurance. To the extent necessary to permit the Title Company to remove any exception in the Title Commitment for mechanics' and materialmen's liens and general rights of parties in possession, an affidavit as to debts and liens and parties in possession executed by Seller, made to Buyer and the Title Company and in a form reasonably acceptable to the Title Company, along with a GAP Affidavit and any other items reasonably required by the Escrow Agent. (d) FIRPTA Affidavit. In order to comply with the requirements of the Foreign Investment Real Property Tax Act of 1980 ("FIRPTA"), Seller will deliver to Buyer at the Closing Seller's affidavit under penalty of perjury stating Seller is not a "foreign person," as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and the United States Treasury Regulations promulgated thereunder, setting forth Seller's taxpayer identification number, and that Seller intends to file a United States income tax return with respect to the transfer. Seller represents and warrants to Buyer that it has not made nor does Seller have any knowledge of any transfer of the Property or any part thereof that is subject to any provisions of FIRPTA that has not been fully complied with in all respects. As required by law, if Seller fails to comply with the requirement of this subsection, Buyer shall withhold ten percent (10%) of the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the Internal Revenue Service in such form and manner as may be required by law. (e) Seller's Certificate. A duly executed certification (the "Seller's Certificate") that every warranty of Seller under this Agreement is true and correct as of the Closing as if made by Seller at such time. Such warranties will survive the Closing for a period of 12 months. (f) Corporation Documents, if applicable. A company resolution and incumbency certificate duly executed, authorizing Seller to close the transaction contemplated hereby and execute any and all documents in connection therewith, together with (a) certified, by the Florida Secretary of State, articles of organization [LLC; (b) certified, by the Florida Secretary of State, certificate of active status, and (c) certified operating agreement [LLC]. (g) Other Documents. Any and all other documents as may be reasonably necessary or requested by Buyer in order to fully and completely consummate the transactions contemplated hereby pursuant to the terms of this Agreement. 9. Buyer's Deliveries. At the Closing, and after Seller has complied with all of the terms and conditions of this Agreement and simultaneously with Seller's delivery of the documents as specified in this Agreement, Buyer shall: (a) Purchase Price. Pay to Seller, by wire transfer of funds, the Purchase Price, adjusted for the pro rations and other payments provided for in this Agreement; and (b) Buyer's Resolution. Deliver to Seller a resolution, duly executed, authorizing Buyer to close the transaction contemplated hereby. 0 142 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3=D6A8A916EB6B Attachment 3 10. Taxes and Prorations. At the Closing, the taxes on the Property shall be prorated as of the Closing Date, between the parties on the basis of the taxes paid for the most recent year that have been assessed and billed. If the actual taxes for the year of Closing are not determinable on the date of the Closing, then the parties agree to re -prorate taxes promptly upon issuance of the tax bill for the year of the Closing. Any special assessment liens certified as of the date of the Closing shall be paid for by Seller. Any pending liens shall be assumed by Buyer. This provision shall survive the Closing of the transaction. 11. Possession. Buyer shall be granted full possession of the Property as of the Closing vacant and free of any and all tenancies. 12. Seller's Warranties. Seller hereby warrants to Buyer as follows: (a) Title. Seller is vested with good and marketable fee simple title to the Property subject only to the permitted title exceptions as provided herein. (b) No Condemnation. There are no condemnation or eminent domain proceedings pending or, to the best of Seller's knowledge, contemplated against the Property or any part thereof, and Seller has received no notice of the desire of any public authority to take or use the Property or any part thereof. (c) No Litigation. Seller has not received notice of any pending suits or proceedings against or affecting Seller or any part of the Property which (i) do or could affect title to the Property or any part thereof or (ii) do or could prohibit or make unlawful the consummation of the transactions contemplated by this Agreement, or render Seller unable to consummate the same. (d) Environmental. Seller has not violated any applicable environmental laws affecting the Property, including, without limitation, any laws relating to toxic and/or hazardous wastes as defined by Federal or Florida law. (e) Authority. Seller has full power and authority to execute and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement and to perform all of its obligations arising under this Agreement. (f) No Violation of Seller's Agreements. This Agreement and any of the documents executed or to be executed by Seller hereunder do not and will not contravene any provision of any document governing Seller's authority to act hereunder, any present judgment, order, decree, writ or injunction, or any provision of any currently applicable law, rule or regulation, in each case applicable to Seller and/or the Property. (g) Tax Liens. The Property is free and clear of all liens except for ad valorem taxes for the year of Closing, not yet due and payable, and for all subsequent years. (h) No Violation of Laws. There is no violation of, any law, regulation, ordinance, order or judgment affecting the Property. 143 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 (i) No Unrecorded Encumbrances. There are no unrecorded easements, restrictions or encumbrances affecting all or any part of the Property. 0) No Knowledge of Facts. There are no facts that prohibit it from closing the transaction contemplated hereby in accordance with the terms hereof. (k) No Untrue Statements. No representation or warranty by Seller, to Seller's knowledge, in this Agreement or in any instrument, certificate or statement furnished to Buyer pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained herein or therein not misleading. (1) No Adverse Tax Matters. There are no agreements, waivers or other arrangements providing for any extension of time with respect to the assessment of any type of tax or deficiency against Seller with respect to the Property, nor to the best of Seller's knowledge, are there any actions, suits, proceedings, investigations or claims for additional taxes and assessments asserted by any taxing authority. (m) No Mechanics' Liens. There are no mechanics' or materialmen's liens against the Property and if subsequent to the Closing hereunder, any mechanics' or other liens shall be filed against the Property or against Buyer or its assigns and not caused by Buyer, based upon any act or omission occurring prior to the Closing on the Property, Seller shall take such action, within ten (10) days after notice of the filing thereof, by bonding, deposit, payment or otherwise, as will remove, transfer or satisfy such lien of record against the Property, at Seller's sole cost and expense. (n) No Parties in Possession. There are no parties in possession of any portion of the Property, whether as lessees, tenants -at -sufferance, trespassers or otherwise and Seller has made available to Buyer accurate information and complete copies of any and all service contracts which are in Seller's files and to the best of Seller's knowledge. Seller has delivered or made available all other reasonable due diligence materials requested in writing by Buyer which are in Seller's possession. At the Closing, Seller shall, in writing, reaffirm to Buyer pursuant to the Seller's Certificate the truth and correctness, as of the date of the Closing, of each of the aforementioned warranties and agrees to indemnify and hold Buyer harmless from and against any and all loss or damage suffered by Buyer on account of the untruth or incorrectness of any such warranties. The aforementioned warranties shall survive Closing for a period of 12 months. 13. Covenants of Seller. Seller hereby covenants with Buyer as follows: (a) No Creation of Encumbrances. Between the Effective Date and the date of Closing, Seller will not, without Buyer's prior written consent, which shall not be unreasonably withheld or delayed, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, mortgages or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 144 14, rtil DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 (b) No Zoning Action. Between the Effective Date and the date of the Closing, Seller will not file any application for any change of the present zoning classification of the Property, unless requested to do so by Buyer. In the event Buyer requests Seller to file any such application, Seller will cooperate fully with Buyer in all respects by executing consents, applications and other such documents reasonably requested by Buyer in connection with its efforts in developing the Property. (c) No Environmental Action. Between the Effective Date and the date of the Closing, Seller will not file any application for any environmental permit or any change to any existing environmental permit, approval, report, status or condition of any kind relating to the Property unless such change is requested by Buyer. Seller will cooperate fully with Buyer in all respects by executing consents, applications and other such documents reasonably requested by Buyer in connection with its efforts in developing the Property to a condition such that building may commence. (d) Maintenance of Insurance. Between the Effective Date and the date of the Closing, all existing insurance policies shall remain continuously in full force and effect. 14. Moratoria. If, at the time of the Closing, there are sewer, water, building or other moratoria in effect which would interfere with the immediate construction and occupancy of the Contemplated Improvements, then Buyer, at its sole option, may: (a) terminate this Agreement and obtain a return of the Deposit, whereupon the parties shall be relieved from all further liabilities and obligations hereunder other than those that specifically survive hereunder or (b) close the transactions contemplated hereby without regard to the moratoria and without any adjustment in the Purchase Price or extension of the Closing date. 15. Real Estate Commissions. Buyer and Seller hereby warrant to each other that, other than Michael Baugh of EXP Realty, LLC, neither party are represented by a real estate broker or agent and that no other real estate commission shall be paid in connection with this transaction and each party shall indemnify the other from any claims of any parties claiming a commission by, under or through either party. Michael Baugh shall be paid commissions of % of the Purchase Price at Closing, and all commissions shall be due and payable solely by Seller. This provision shall survive the Closing of the transaction. 16. Condemnation. In the event of the institution against the record owner of the Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a proposed taking of any portion of the Property by eminent domain, condemnation or otherwise (which materially impairs the proposed development of the Property), prior to the Closing, or in the event of the taking of any portion of the Property by eminent domain, condemnation or otherwise, prior to the Closing, then Seller shall notify Buyer promptly and Buyer shall have the option, in its sole and absolute discretion, of either (a) terminating this Agreement and obtaining a return of the Deposit, whereupon the parties shall be relieved from all further liabilities and obligations hereunder other than those that specifically survive hereunder or (b) proceeding to the Closing in accordance with the terms of this Agreement, but at the Closing Seller shall assign to Buyer all of Seller's right, title and interest in, to and under any and all awards that have been or may be made with respect to such eminent domain proceeding or condemnation. .Any such election hereunder must be made by Buyer within twenty (20) days of the notice furnished by Z 145 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 Seller. If Buyer fails to make an election in writing, Buyer shall be deemed to have elected alternative (a) above. 17. Loss or Damaee. Any loss or damage to the Property between the Effective Date and the Closing shall not void this Agreement or modify the provisions hereof, provided, that Seller shall repair such loss or damage to the Property prior to the Closing as a condition of Buyer's obligations to proceed to the Closing hereunder. In the event that Seller fails to rcpaiir such loss or damage prior to the Closing, Buyer may, at its sole election and option, either (a;l suspend the Closing for a sufficient period of time in order to allow Seller to complete the repairs or (b) deduct from its obligation to pay the Purchase Price hereunder a sum sufficient to complete the repairs as certified by Buyer's architect or engineer. 18. Default. (a) Buyer Default. If the transactions contemplated hereby do not close solely due to a refusal or default on the part of Buyer, then the Deposit, together with any and all interest earned thereon, shall be delivered by Escrow Agent to Seller as liquidated and agreed upon damages and thereafter, Buyer shall be relieved from all further obligations under this Agreement and Seller shall have no further claim against Buyer for specific performance or for damages by reason of the failure of Buyer to close the transactions contemplated hereby. (b) Seller Default. if the transactions contemplated hereby fail to close due to a default on the part of Seller, then at the option of Buyer the Deposit shall be returned by Escrow Agent to Buyer, together with any and all interest earned thereon, provided, however, that such return shall not limit Buyer's right to maintain an action for speck performance of this Agreement by Seller and to pursue any and all other rights and remedies available to Buyer at law and in equity for damages suffered by Buyer as a result of Seller's default. 19. Cure Period. Prior to any claim of default being made, parties will have an opportunity to cure any alleged default. If a party fails to comply with any provision of this Agreement, the other party will deliver written notice to the non -complying party specifying the non-compliance. The non -complying party will have five (5) days after delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 20. Escrow. Escrow Agent, in receiving funds to hold in escrow hereunder, is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of this Agreement. Failure of clearance of funds shall not excuse performance by Buyer. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may, in its sole discretion, continue to hold the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent,jurisdiction shall determine the rights of the parties thereto, or it may file an interpleader action and deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Indian River County, Florida, and upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein Escrow Agent is made a party by virtue of acting as escrow agent hereunder, or in the event of any suit wherein Escrow 10 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 Agent interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover a reasonable attorneys' fee and costs incurred, said fees and costs to be charged and assessed as court cost in favor of the prevailing party. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to a willful breach of this Agreement or gross negligence on the part of Escrow Agent. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transactions contemplated herein, and it supersedes all prior understandings or agreements between the parties. 22. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns. 23. Survival of Paragraphs. The terms, conditions and warranties contained herein that state they specifically survive shall survive the Closing and delivery of the Deed or earlier termination of this Agreement as set forth herein. 24. Waiver; Modification. The failure by Buyer or Seller to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of Buyer's right to insist upon strict compliance with the terms of this Agreement. Either party may waive the benefit of any provision or condition for its benefit that is contained in this Agreement. No oral modification of this Agreement shall be binding upon the parties and any modification must be in writing and signed by the parties hereto. 25. Governing Law, Venue. This Agreement shall be governed by, and construed in accordance with the laws of, the State of Florida. The venue of any litigation arising out of this Agreement shall be Indian River County, Florida. 26. Headings. The section headings as set forth in this Agreement are for convenience of reference only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope of any section herein. 27. Notices. Any notice, request, demand, instruction or other communication to be given to either party, except where required by the terms of this Agreement to be delivered at the Closing, shall be in writing and shall be sent by registered or certified mail, return receipt requested, facsimile, electronic mail or by express overnight courier, as follows: If to Buyer: Housing Trust Group 3225 Aviation Avenue, 60' Floor Coconut Grove, Florida 33133 Attention: Mr. Matthew Rieger Telephone: (305) 860-8188 Facsimile: (305) 639-8427 Email: inattr a,ht_f�.coni Mazalpov, LLC 14At If to Seller: su 11 147 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 11201 Shaker Blvd STE 203 Cleveland OH 44104 Attention: Mr. Haim Mayan 14 A ,1 Telephone. (954) 274-0551 J VI Email: haim @mayangroup.us Address: 32215 th Cec-eat �••,��3q-33 Attention: "4- h'4_;. -_••• Di0g0F Telephone: Facsimile:{395}? Email: Escrow Agent/Counsel: Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, FL 33130 Attention: Brian McDonough Telephone: (305) 789-3350 Email: BMcDonough ftstearnsweavercom Notice shall be deemed given if forwarded by certified mail through the facilities of the United States Postal Office on the day following the date that the notice in question is deposited in the facilities of the United States Postal Service. If notice is forwarded by express overnight courier, it shall be deemed given on the day following the date that the notice in question is deposited in the facilities of an express overnight courier. Notice may also be provided by confirmed facsimile or via electronic mail. 28. Assignment. This Agreement may be assigned by Buyer. Seller may not assign its rights under this Agreement. 29. Limited Power of Attorney. Following the expiration of the Investigation Period, Seller authorizes Buyer to act on behalf of Seller for the limited purpose of applying for and obtaining approvals and executing various other applications, agreements and other documents related to the Contemplated Improvements to be developed on the Properly ("Building Approvals'), so long such Building Approvals do not irrevocably bind the Property. Building Approvals may include applications for site plan approvals, building permits, zoning waivers and other applications similar in nature, and also may include executing various agreements with public or provide utility providers, municipalities or other government authorities, and other agreements related to obtaining a final building permit and/or permit ready letter. 30. Attorneys' Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including attorneys' fees, incurred in connection with such litigation (including appellate proceedings) against the non -prevailing party. This provision shall survive the Closing of the transaction. 31. Force Maieure: Neither Party shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; riots; power failures; computer failure and any such circumstances beyond 12 148 P J t DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Party shall use its best efforts to ameliorate the effects of any such failure or delay. 32. Effective Date. The effective date of this Agreement (the "Effective; Date") shall be the date upon which the last party to execute this Agreement has delivered the fially executed Agreement to the other party in accordance with Section 27. 33. Time of the Essence. Time is of the essence with respect to each provision of this Agreement that requires action be taken by either party within a stated time period, or upon a specified date, provided, however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 34. Counterparts, Email or Facsimile Signatures. This Agreement may, be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute but one and the same instrument. This Agreement shall be effective when the parties have emailed or faxed their respective signatures either to the other party or to the other party's counsel. Email or facsimile signatures shall have the same legal effect as original signatures. [SIGNATURES BEGIN ON THE NEXT PAGE] 13 .• Ojtl, DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year last below written. BUYER: HOUSING TRUST GROUP, LLC, a Florida limited liability company By: Matthew RiWr. Manager Date: J 1 t 1154 , 2022 SELLER: MAZALPOV, LLC a Florida Limited Liability Company Name:Haim Mayan Title: anager Date: 03.03-2022 9:00 AM PST , 2022 14 150 DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B Attachment 3 EXHIBIT "A" The Property W 1/2 of the NE 1/4 0£ the NW 1/4 of Section 27, Township 32 South, Range 39 East, Indian River County, Florida, LESS the North 735 feet (Plat Book 4, page 87), and the South 165 feet as in Official Records Book 182, page 632, of the Public Records of Indian River County, Florida. 15 151 Attachment 152 Attachment 4 Proiect Description Narrative Our vision is to redevelop a vacant underutilized property into a green, first class, affordable housing development. Amenities for the project include a clubhouse, fitness center, businesess center, swimming pool, parking, and outdoor recreational areas. The project with be inteded for a senior demographic. The unit mix for the building will consist of 39 1/1 units and 40 2/2 units for a total of 79 units. The site plan consists of three residential buildings and a separate clubhouse. The buildings will be three-story wood construction garden style. The financial contribution obtained from the County will allow us to apply for the 9% Low Income Housing Tax Credits needed to move forward with this community. Senior communities like this provide quality of life to households that depend on fixed incomes and allow them more flexibility through increased disposable income. With the rent increases experienced throughout Florida, the need for these units is more exacerbated than ever before. The amount of funding being requested from the County is $340,000 for 79 units (around $4,000 per unit). This grant will allow us to leverage roughly $18MM in tax credit equity. If the project is awarded the tax credits from the State, we expect to complete full pre -development, site plan approvals, and permitting between April and December 2023. Once building permits are obtained, we can proceed towards closing and construction commencement, estimated in the first quarter of 2024. Considering a 12 -month construction timeframe for a project this size, these units are expected to be available to seniors during the first quarter of 2025. Project Breakdown • Unit mix: 39 1/1 units and 40 2/2 units • Demographic o Senior 55+ • AMIs Served: 0 33% AMI (8 units total): $495 to $540 monthly rent range 0 60% AMI (71 units total): $900 to $1,080 monthly rent range • Amenities o Clubhouse o Fitness center o Business center o Outdoor area o Pool o Parking • Structure type o Wood, Garden Style • Site Plan and Sample Elevations Attached 153 ax s , 1 1 ■ ■ _. ■, _ W W ET Um Olt A Ii < c ■ ■b s V) J Ai it ■ mu_ ( 1' Attachment 5 156 Attachment 5 SAM.gov Status Please see image below. A request with SAM.gov for an active registration and Unique Entity ID assignment was made over 22 days ago and still pending. Multiple attempts have been made to expedite the process yielding little to no response. When the request was submitted they expressed it takes roughly 7-10 business days to be pro- vided a Unique Entity ID and continue with the registration process. It is well over the 10 business day and out of our control. We are actively checking and will provide the SAM registration as soon as itis processed (their web- site continues to show they are experiencing delays). f- G ' d lm A% fl A '., fi I& N� n Tm , ■ 6 w O • � 0 M+artwe� q soft 0 ftmoa 40 wraorarrp�a �! 5 �OArw�w R nnrina� Rn. C1rtwr ws NwAdVBM wow _. '+ y w.. M} nr.M`,'a, "' �,. .? - R ' F i,.t,Y�.. e i ' w.mw wG i Ilm..d 04P ' INllwwp�iap I � , tl v vft_d wamm aoc mertiwsrywmnhm¢ �rer�aowareusa.rse ' ..�}i.e . � � ■wrwla9.wae.w.w�a . ar.a+va:. � �re.rwrwr�wwrn ...... } eew jerw.e rrwrU.0"". . a w .* 7 ire. ?AJ Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 1, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 55, 66th Avenue Phase I I Roadway Improvements — Utility -Related Work Descriptions and Conditions: On September 20, 2022, the Board of County Commissioners (BCC) approved Work Order No. 55 to Kimley-Horn & Associates, Inc. (KHA), for $21,500.00, to perform the utility design for the phase of upgrading 66th Avenue from 69th Street. to 85th Street. The redesign of the utility adjustments required for this phase have since been completed. Analysis: Kimley-Horn & Associates, Inc. (KHA) has submitted Invoice No. 22901249, which is the final payment for services related to Work Order No. 55. The Indian River County Department of Utility Services (IRCDUS) has recommended approval of the payment. Funding: Funds, in the amount of $21,500.00, are available in Utilities/WIP/66th Ave Utility Relocations account, number 471-169000-22516. Funds for this project are in the capital account in the operating fund, which are derived from the Utilities operating fund balance. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/66t Ave Utility Relocations 1 471-169000-22516 $21,500.00 Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $21,500.00, which represents final payment of Work Order No. 55 to Kimley-Horn & Associates, Inc. Attachment: 1. Invoice No. 22901249 F:\Ut1fities\00_L1T1L1TY- AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\121322 BCC Agenda Items\Final Pay KHA WO #55 158 Kimley)))Horn Invoice for Professional Services Please remit payment electronically to: If paying by check, please remit to: . Account Name: KIMLEY-HORN AND ASSOCIATES, INC. IUMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 932520 Account Number: 2073089159554 ATLANTA, GA 31193-2520 A� BA#: 121000248 INDIAN RIVER COUNTY ATTN: HARRISON YOUNGBLOOD 1801 27TH STREET VERO BEACH, FL 32960 Federal Tax Id: 56-0885615 For Services Rendered through Oct 31, 2022 LUMP SUM _ Description UTILITY RELOCATION PLANS UTILITY PERMITS Subtotal Total LUMP SUM Total Invoice: $21,500.00 Invoice No: 22901249 Invoice Date: Oct 31,, 2022 Invoice Amount: $21,500.00 Project No: 047035137.1 Project Name: 66TH AVE PH II UTILITIES Project Manager: FORMAN, MIKE Client Reference: IRC 2215 21,500.00 WA #55 If you have any questions, please contact Cheryl Barrett at 561-840-0839 or Cheryl. Barrettgkimley-horn, com. Previous Amount Current Amount Billed Amount Earned Contract Value Complete to Date 18,000.00 100.00% 18,000.00 3,500.00 100.00% 3,500.00 21,500.00 100.000/6 21,500.00 If you have any questions, please contact Cheryl Barrett at 561-840-0839 or Cheryl. Barrettgkimley-horn, com. Previous Amount Current Amount Billed Due 0.00 18,000.00 0.00 3,500.00 0.00 21,500.00 21,500.00 159 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney go Office of Consent 1211312022 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E. Public Works Director and Sean C. Lieske, Director, Utility Services FROM: William K. DeBraal, Deputy County Attorney DATE: December 6, 2022 SUBJECT: Memorandum of Understanding with Bridge MP Partners, LLC for Former Bristol Bay Site Background: Bridge MP Partners, LLC (Bridge Partners) is a Florida based company that has applied to build a Publix Shopping Plaza on the former Bristol Bay development commercial parcel located just east of U.S. Highway 1 on State Road 510. Original plans for Bristol Bay called for a mix of commercial and residential uses, with the commercial uses located along State Road 510 and the residential uses to the south and west. The site is currently vacant except for a welcoming arch at the entrance of the residentially zoned property. Various developers have made utility improvements on the property but those improvements were installed long ago and never finished, so no as -built drawings were ever submitted to the County that would have depicted the location of the utilities. Staff has a general idea where the utility lines are located and some may be in working order but the condition of other lines is unknown. The existing easements were created by WCI Communities (WCI) via Declaration and Resolution in 2006. The WCI development then stalled, and various developers attempted to revive the project without success. Bridge Partners now wishes to eliminate some of the existing easements and will create new easements to serve the proposed Publix and other commercial buildings. The attached Memorandum of Understanding gives Bridge Partners permission to enter on to and work in the existing easements and requires them to dedicate any new utility/stormwater easements to the County. Any new utility easements must be approved in advance by the County and any new stormwater easements must be approved in advance by the County and, if needed, the Florida Department of Environmental Protection. Once the easements have been identified and established, Bridge Partners will dedicate the easements in favor of the County and execute a bill of sale for the utility equipment contained in the easements to the County. Funding: There is no expense of County funds associated with this Memorandum of Understanding. 160 December 8, 2022 Pagt 12 Recommendation: Staff recommends the Board of County Commissioners approve the Memorandum of Understanding with Bridge MP Partners, LLC and authorize the Chairman to execute the Memorandum on behalf of the Board. Attachments: Memorandum of Understanding between Bridge MP Partners, LLC and Indian River County, Florida cc: Bruce D. Barkett, Esquire 161 Prepared by and return to: Bruce D. Barkett, Esquire Collins Brown Barkett, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 Tele: (772)231-4343 MEMORANDUM OF UNDERSTANDING BETWEEN BRIDGE MP PARTNERS, LLC AND INDIAN RIVER COUNTY, FLORIDA This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between Bridge MP Partners, LLC, a Florida limited liability company ('Bridge"), whose address is 201 East Las Olas Boulevard, Suite 1200, Fort Lauderdale, FL 33301 and Indian River County, Florida, a political subdivision of the State of Florida (the "County") whose address is 1801 27th Street, Vero Beach, FL 32960. Recitals WHEREAS, Bridge is in the process of developing a commercial project to be known as Bridge Marketplace in Indian River County, Florida, on the real property south east of the intersection of State Road 510 and US Highway 1, formerly known as the Bristol Bay Project and legally described on Exhibit A, attached hereto and made a part hereof (the "Property"); and WHEREAS, it is necessary and desirable for the development of Bridge Marketplace for certain County storm sewer piping/conveyance systems and structures, potable water and reuse water easements (collectively, the Existing Easements) on the Property to be released, vacated, terminated, and discharged from the Public Records of Indian River County, Florida and replaced with new storm sewer piping/conveyance system and associated structures, potable water and reuse water easements (collectively the New Easements) to the satisfaction of the County; and WHEREAS, the County agrees to release, vacate, terminate, and discharge the Existing Easements on the Property referenced herein from the Public Records of Indian River County, Florida, upon the occurrence of certain conditions precedent stated herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, Bridge and the County hereby agree as follows: 1. The foregoing recitals are true and correct incorporated as if fully restated herein. 2. Bridge shall submit to the appropriate County department, surveys and detailed plans showing the location of the New Easements for the Bridge Marketplace project that will replace the Existing Easements. iI 3. Upon County approval of the surveys and detailed plans and location of the New Easements, the County agrees to allow Bridge and its contractors to perform construction work in the Existing Easements listed in the Declaration of Easements, recorded in Official Records Book 2016, Page 1957, Public Records of Indian River County, Florida, as amended by the Partial Release of Declaration of Easements, recorded in Official Records Book 2595, Page 1632, Public Records of Indian River County, Florida. 4. The County agrees to release, vacate, terminate, and discharge from the Property, in the Public Records of Indian River County, Florida, the Existing Easements reserved by the County in that certain Resolution No. 2006-165, recorded in Official Records Book 2099, Page 1593; and the Declaration of Easements recorded in Book 2016, Page 1957, as amended by that Partial Release of Declaration of Easements recorded in Book 2595, Page 1632, Public Records of Indian River County, Florida, upon the occurrence of the following conditions precedent: 5. All New Easements (storm sewer piping/conveyance systems and associated structures, potable water, sewer and reuse water lines) have been installed inspected, tested, cleared by the FDEP, and accepted by the County through a bill of sale and approved for use, in accordance with approved plans by the applicable County utility and public works authorities together with the necessary easements covering the new utility lines and stormwater conveyance structure. 6. Once the conditions precedent listed above are satisfied with respect to any of Paragraph 4 above, whether individually or collectively, the County agrees to execute and record a separate release, vacation and/or termination as to the Existing Easement referenced in the above for which such conditions precedent have been satisfied. 7. This Memorandum of Understanding may only be modified in writing by the mutual agreement of both parties hereto. 8. Following execution by both the County and Bridge, this MOU may be recorded by Bridge against the Property in the Public Records of Indian River County, Florida. Signature Page to Follow 163 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date approved below. BRIDGE MP PARTNERS, LLC, a Florida limited liability company By: S -BRIDGE MP PARTNERS, LLC, a Florida limited liability company, its Manager Name: Title: Dated: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joe Earman, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Approved: Jason E. Brown County Administrator 164 BRISTOL BAY COMMERCIAL PARCEL 3: A PARCEL OF LAND BEING A PORTION OF WEONA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF ORANGE STREET AS SHOWN ON THE AFOREMENTIONED PLAT OF WEONA PARK AND A POINT ON A LINE THAT IS 80.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF COUNTY ROAD 510; THENCE NORTH 45 DEGREES 09'39" EAST, ALONG SAID LINE A DISTANCE OF 633.60 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SUNRISE STREET, AS SHOWN ON THE PLAT OF SAID WEONA PARK; THENCE SOUTH 0 DEGREES 20'31" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 421.91 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID ORANGE STREET; THENCE NORTH 89 DEGREES 58'56" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 0 DEGREES 15'34" EAST, A DISTANCE OF 25.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID ORANGE STREET; THENCE NORTH 89 DEGREES 58'56" WEST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 446.91 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE WEST 1/2 OF THE ABANDONED 46TH AVENUE F/K/A SUNRISE STREET, LYING NORTH OF THE NORTH RIGHT OF WAY LINE= OF ORANGE STREET AND SOUTH OF THE PROPOSED SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 510 AND THE WEST 1/2 OF THE EAST 30 FEET OF ORANGE STREET, AS SHOWN ON THE PLAT OF WEONA PARK, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AS ABANDONED BY RESOLUTION NO. 2006-165 RECORDED NOVEMBER 13, 2006 IN OFFICIAL RECORDS BOOK 2099, PAGE 1593, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. AND BRISTOL BAY COMMERCIAL PARCEL 5: A PARCEL OF LAND BEING A PORTION OF NARANJA SHELLMOUND BEACH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ANDA PORTION OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF SUNRISE STREET AS SHOWN ON THE PLAT OF WEONA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND A POINT THAT IS 80.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF COUNTY ROAD 510; THENCE NORTH 45 DEGREES 09'39" EAST, ALONG SAID LINE, A DISTANCE OF 327.43 165 FEET; THENCE SOUTH 44 DEGREES 51'46" EAST, A DISTANCE OF 27.17 FEET; THENCE NORTH 84 DEGREES 5126" EAST, A DISTANCE OF 39.33 FEE=T; THENCE SOUTH 42 DEGREES 41'06" EAST, A DISTANCE OF 34.93 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 239.00 FEET; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25 DEGREES 13'02", A DISTANCE OF 105.19 FEET; THENCE SOUTH 17 DEGREES 28'04" EAST, A DISTANCE OF 17.46 FEET; THENCE SOUTH 22 DEGREES 16'53" EAST, A DISTANCE OF 95.34 FEE:T;THENCE SOUTH 17 DEGREES 28'04" EAST, A DISTANCE OF 51.72 FEET TO THE- POINT OF CURVATURE OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS 1053.00 FEET; THENCE SOUTH ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5 DEGREES 09'01", A DISTANCE OF 94.65 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 23.00 FEET, CENTRAL ANGLE OF 89 DEGREES 46'17", AND A CHORD OF 32.46 FEET BEARING SOUTH 22 DEGREES 16'03" WEST; THENCE SOUTH ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.04 FEET; THENCE SOUTH 67 DEGREES 09'12" WEST A DISTANCE OF 24.87 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 115.00 FEET, THENCE SOUTHWEST, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 23'11", A DISTANCE OF 44.93 FEET; THENCE SOUTH 44 DEGREES 46'01" WEST, A DISTANCE OF 539.72 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 AND A POINT ON THE SOUTHERLY EXTENSION OF THE AFOREMENTIONED EAST RIGHT OF WAY LINE OF SUNRISE STREET; THENCE NORTH 0 DEGREES 20'31" WEST, ALONG SAID LINE A DISTANCE OF 591.81 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE EAST 1/2 OF THE ABANDONED 46TH AVENUE F/K/A/ SUNRISE STREET, LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF ORANGE STREET AND SOUTH OF THE PROPOSED RIGHT OF WAY LINE OF COUNTY ROAD 510 AND THE EAST 1/2 OF THE EAST 30 FEET OF ORANGE STREET, AS SHOWN ON THE PLAT OF WEONA PARK, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AS ABANDONED BY RESOLUTION NO. 2006-165 RECORDED NOVEMBER 13, 2006, IN OFFICIAL RECORDS BOOK 2099, PAGE 1593, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 2, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Utility Work By Highway Contractor Agreement (at FDOT Expense) with FDOT for the Extension and Relocation Services of Utility Main Lines for the Interchange at 1-95 and Oslo Road Background: The Florida Department of Transportation (FDOT) is planning to construct an interchange for 1-95 at Oslo Road. The subject interchange is to begin in the summer of 2023. As part of the interchange, FDOT is relocating utility services located near the intersection of Oslo Road and 82 ad Avenue as well as constructing a new water main, force main, and re -use main to serve the west side of 1-95. Analysis: Indian River County Department of Utility Services (IRCDUS) staff has been working with Kimley-Horn & Associates (KHA) to design the water main, force main, and re -use main extension and relocations needed in order for FDOT to construct the interchange. Staff is of the opinion that the subject work should be performed by the same contractor doing the roadway and interchange construction. Therefore, staff requested FDOT prepare an agreement where the utility work will also be performed by the prospective highway contractor. Funding: This Utility Work by Highway Contractor Agreement is at the expense of FDOT, which is the portion of the project that will be funded by FDOT. This agreement does not require funds to be allocated by IRCDUS, but does require acceptance by the Indian River County Board of County Commissioner$. Recommendation: Staff recommends that the Board of County Commissioners approve the Florida Department of Transportation - Utility Work by Highway Contractor Agreement (at FDOT Expense), and authorize the Chairman to execute and sign on their behalf. Attachment: 1. FDOT- Utility Work by Highway Contractor Agreement, Page 1lDLI 67 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL11 14 (AT FDOT EXPENSE) Financial Project ID: 413048-2-56-01 Federal Project ID: County: Indian River State Road No.: 9 District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian River County, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as SR -9/1-95 (c? Oslo Road Interchange;, State Road No.:9, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work'; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the FDOT, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare a final engineering design, plans, technical special provisions, and a cost estimate for the Utility Work (hereinafter referred to as the Plans Package) on or before June 27, year of 2022. b. The Plans Package shall be in the same format as the FDOT's contract documents forthe Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including, but not limited to, all clearing and grubbing, survey work, and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual is updated and conflicts with the FDOT's Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or 168 Page 1 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL11114 (AT FDOT EXPENSE) Developmental Specifications of the FDOT for the Project. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Biddabitlity. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAC) from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all time be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Re lace ment of UAO facilities that do not conflict with Proiect. These exceptions shall be handled by separate arrangement. j. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. k. Upon completion of the Utility Work, the Facilities, shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). I. The cost of any design work performed pursuant to this paragraph 1 shall be reimbursed by a separate agreement. M. As part of the final submittal of the Plans Package, the UAO shall also submit an estimate of the amount of the cost of the Utility Work that should be paid for by the UAO, hereinafter referred to as the UAO Participating Amount. The determination of that amount shall be based on the credit required for any increase in the value of the new Facility and for any salvage derived from the old Facility. These credits shall be determined as follows: (1) Increase in value credit. (a) Expired Service Life. If an entirely new Facility is constructed and the old Facility retired, credit for the normally -expected service life of the old Facility applies. (b) Upgrading. A percentage of the total cost of the Relocation Work, based on the extent of the betterment obtained from the new Facilities will be applied. (2) Salvage Value. The FDOT shall receive fair salvage value credit for any salvage which will become available to the UAO as a result of the Utility Work. The submittal shall show the calculation of the UAO Participating Amount in detail for each of the credits required above. The FDOT shall review the calculations and advise the UAO 169 Page 2 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL"I,4 (AT FDOT EXPENSE) of any objections. In the event that the parties cannot come to an agreement as to the UAO Participating Amount, the FDOT's determination of the amount shall prevail. 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by the FDOT. d. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with Subparagraph 2. c., the FDOT will perform all contract administration for its construction contract. e. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. f. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. g. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. Except as otherwise provided herein, the FDOT shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the UAO. The FDOT shall not be responsible for the cost of delays caused by such adjustments or changes to the extent they/ are attributable to the UAO pursuant to Subparagraph 4.a. b. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the UAO Participating Amount, determined in accordance with Subparagraph 1.m. hereof. C. At least thirty (30) days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT the UAO Participating Amount. If the UAO's percentage contribution to the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work (calculated by dividing the UAO's Participating Amount by the amount of the FDOT's official estimate) exceeds the amount of the deposit made pursuant to Subparagraph c. above, then the UAO shall, within fourteen (14) calendar days from notification from the FDOT, or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total percentage contribution of the UAO. If said 170 Page 3 or 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL'TIE4 (AT FDOT EXPENSE) portion of the bid is less than the amount on deposit, the excess deposit shall be returned to the UAO in accordance with Section 215.422, Florida Statutes. e. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. f. Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. ❑ as provided in the attached Three Party Escrow Agreement between the UAO, the FDOT, and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the Department of Financial Services and FDOT Comptroller's Office prior to execution of this agreement. g. Upon final payment to the contractor, the FDOT intends to have its final and complete billing of all costs incurred in connection with the Utility Work within three hundred sixty (360) days. All cost records and accounts shall be subject to audit by a representative of the UAC) within three (3) years after final close out of the Project. 4. Claims Against UAO The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this; Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FIDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the iPlans Package. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this Agreement by UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall prpfgtly Page 4 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 TIE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL11/14 (AT FDOT EXPENSE) respond to information requests of the FDOT or other permittees using or seeking use of the right of way. e. ' The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. In the event that the out of service Facilities would have qualified for reimbursement only under Section 337.403(1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. In the event that the out of service Facilities would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though it had not been placed out of service. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT until such time as the breach is cured. (6) Pursue any other remedies legally available. 172 Page 5 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL111 14 (AT FDOT EXPENSE) (7) Perform any workwith its own forces orthrough contractors and seek repaymentforthe cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that Either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. 173 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL11 14 (AT FDOT EXPENSE) FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication orjudgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the; FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: 174 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ura11114 (AT FDOT EXPENSE) If to the UAO: Harrison Youngblood, P.E., Utilities Engineer 1801 - 27th Street, Bldg. A, Vero Beach, FL 32960 hyoungblood@ircgov.com (727)226-4343 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W Commercial Blvd., Fort Lauderdale, FL 33309 kadian.mclean@dot.state.fl.us (954)777-4360 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes To Form Document." You MUST signify by selecting or checking which of the following applies ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: 175 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 TIE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTI11/14S (AT FDOT EXPENSE) FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steven C. Braun, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: ) DATE: 176 Attachments 1. Exhibit A — Scope of Services 2. Appendix A of Assurances 177 EXHIBIT A Scope of Services 413048-2-56-01 The utility work to be performed under this agreement consists of relocation of existing Indian River County utility facilities impacted by construction to include the following items: Summary of Quantities Pay item Number Pay Item Description Unit Quantiry 11050-18-004 EXISTING UTILITY PIPE (CAP & PRESSURE GROUT) (8',12" & 16") LF 8843 1105D-18-005 EXISTING UTILITY PIPE CAP & PRESSURE GROUT) (24") Lf 1377 i 1050-31-206 UTILITY PIPE (f&I) (PVC) (6") LF 113 1050-31-208 UTILITY PIPE (F&)) (PVC) (8") LF 162 '2050-31-212 UTILITY PIPE (F&I) (PVC) (12") LF 3323 11050-31-216 UTILITY PIPE (FW) (PVC)(16") LF 7072 11055-51-112 UTILITY FITTING (F&I) (ELBOW) (DI) (12") EA 21 1055-51-116 UTILITY FITTING (F&I) (ELBOW) (DI) (16") EA 30 '1055-51-208 UTILITY FITTING (F&I) (TEE) (DI) (8") EA 1 51055.51-212 UTILITY FITTING (F&I) ITEE) (DI) (12") EA 1 11055-51-216 UTILITY FITTING (F&I) (TEE) (DI) (16") EA 10 11055-51-312 UTILITY FITTING (F&I) (REDUCER) (DI) (8"X12") EA 1 11055-51-324 UTILITY FITTING (F&I) (REDUCER) (DI) (16"X24.1 EA 3 1055-51-508 UTILITY FITTING (F&I) (CAP) (Dt) (8-) EA 1 1055 -Si -516 UTILITY FITTING (F&I) (CAP) (DI) (16") EA 9 11080-11-499 UTILITY FIXTURE (F&I) (TEMPORARY JUMPER CONNECTION) (16") EA 2 11080-23-116 UTILITY FIXTURE (F&I) (TAPPING SADDLE/SLEEVE) (16"X26") EA 3 ;1080-24-106 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (6") EA 6 11080-24-108 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (8") EA 1 110$0-24-112 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (12") EA 2 11080-24-116 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (16") EA 14 11080-27-116 UTILITY FIXTURE (F&I) (LINE STOP ASSY) (16") EA 3 1080-27-124 UTILITY FIXTURE (F&I) (LINE STOP ASSY) (24") EA 2 11080-32-106 UTILITY FIXTURE (F&I) (SAMPLE POINT) (6") EA 5 1080.32-108 UTILITY FIXTURE (M) (SAMPLE POINT) (8") EA 1 !1080-32-116 UTILITY FIXTURE (F&I) (SAMPLE POINT) (16") EA 7 11644-136-08 FIRE HYDRANT (F&I) (3 WAY) (2 HOSE, i PUMPER) (6") EA 5 M11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS GCL 4/17 (Appendix A of Assurances) Financial Project ID: 413048-2-56-01 Federal Project ID: County: Indian River State Road No.: 9 District Document No: Utility Agency/Owner (UAO): Indian River County During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1 % of the total amount of the agreement between the Florida Department of Transportation and the UAO, or $2,500.00 whichever is greater." (5) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 179 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ILITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS occ-oani (Appendix A of Assurances) (6) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States. Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 2, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Utility Work By Highway Contractor Agreement with FDOT for the Relocation Services of Utility Main Lines for the Oslo Road Widening from SW 82nd Avenue to 58th Avenue Background: The Florida Department of Transportation (FDOT) is planning to widen Oslo Road from SW 82nd Avenue to 58th Avenue. The subject widening is to begin in the summer of 2023. As part of the widening, FDOT is relocating utility services located along Oslo Road from SW 82nd Avenue to 58th Avenue. Analysis: Indian River County Department of Utility Services (IRCDUS) staff has been working with Kimley-Horn & Associates (KHA) to design relocation of the water main, force main, and re -use mains as needed in order for FDOT to widen Oslo Road. Staff is of the opinion that the subject work should be performed by the same contractor doing the roadway and interchange construction. Therefore, staff requested FDOT prepare an agreement where the utility work will also be performed by the prospective highway contractor. Funding: Since this is a Utility operating capital project the funds in the initial estimate of $4,123,324.00 will come from the Utilities operating fund balance. Utilities operating funds are derived from water and sewer sales. The expenses will be tracked in the Work In Progress (WIP) account Utilities/WIP/Oslo Rd Improve — 581h to 82nd number 471-169000-21547. This is based on the initial estimate that FDOT has included in the agreement. Upon notification by FDOT of their official estimate, there will be a need to go back to the Board of County Commissioners for approval of the official estimate, plus a 2% cost for administration and a 10% contingency cost. Description Account Number Amount Utilities/WIP/Oslo Rd Improve -58th to 82nd 471-169000-21547 $4,123,324.00 Recommendation: Staff recommends that the Board of County Commissioners approve the Florida Department of Transportation - Utility Work by Highway Contractor Agreement, and authorize the Chairman to execute and sign on their behalf. Attachment: 1. FDOT- Utility Work by Highway Contractor Agreement. Page 1 of 1 8A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) Financial Project ID: 431521-1-56-01 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: Indian River State Road No.: N/A District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian River County, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Oslo Road from SW 82nd Avenue to 58`1 Avenue, State Road No.: N/A, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the LIAO hereby agree as follows: Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before 6127, year of 2022. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. 182 Page 1 of 10 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILFTILRESI UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Production. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: TBD (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and 183 Page 2 of 10 0-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION »TILITl=S UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. If the LIAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. Cost of Utility Work The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. The initial estimate of the cost of the Utility Work is 4.123,324.00. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and fordetermining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. At least forty-five (45 ) calendar days prior to the date on which the FDOT advertises the Project for 184 Page 3 of 10 10-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �iTUTILITIESLTIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06119 (AT UTILITY EXPENSE) bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund ® as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under 185 Page 4 of 10 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UPLITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. i. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The LIAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the LIAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of thg ugrt of 815 Page 5 of 10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-01 0IT ES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ -61119 (AT UTILITY EXPENSE) way. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT, (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repaymentfor the cost thereof under Section 337.403(3), Florida Statutes. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. 187 Page 6 of 10 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LITILITIES ES UTILI UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT oW-06,'19 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement 188 Page 7 of 10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTIoto- 22 UTILITIESS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the LIAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Miscellaneous Time is of essence in the performance of all obligations under this Agreement The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Harrison Youngblood, P.E., Utilities Engineer 1801 - 271h Street, Bldg. A, Vero Beach, FL 32960 hyoungblood@ircgov.com (772)226-4343 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us (954)777-4128 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the LIAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix bqLge for 89 Page 8 of 10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION »o-Gio-z2 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ - Gens (AT UTILITY EXPENSE) reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document' is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steven C. Braun, P.E. (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: _) Page 9 of 10 DATE: 190 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22IES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGG - 06119 (AT UTILITY EXPENSE) 191 Page 10 of 9 Attachments 431521-1-56-01 1. Exhibit A — Scope of Services 2. Appendix A of Assurances 3. Three Party Escrow Agreement 192 EXHIBIT A Scope of Services 431521-1-56-01 The utility work to be performed under this agreement consists of furnishing and installing utility pipes, utility fixtures, and fire hydrants for Indian River County Water Utilities facilities per plans dated March 4, 2022, by Kimley-Horn and summarized below. Summary of Quantities Pa Item Number Pa Item Descri tion Unit Quantity 11050-18-004 EXISTING UTILITY PIPE (CAP & PRESSURE GROUT) (8", 12" & 16") LF 5610 1050-31-206 UTILITY PIPE (F&I) (PVC) 6") LF 121 110SO-31-208 UTILITY PIPE (F&I) (PVC) (8") LF 682 1050-31-212 UTILITY PIPE (F&1) (PVC) (12"` LF 3574 11050-31-216 UTILITY PIPE (F&I) (PVC)(16") LF 13822 11050-42-202 UTILITY PIPE (F&I) (HDPE) (2") LF 170 11050-42-216A UTILITY PIPE (F&I) (HDPE) (16") (HDD) LF 342 1055-51-112 UTILITY FITTING (F&I) (ELBOW) (Di) (12") EA 25 11055-51-116 UTILITY FITTING (F&I) (ELBOW) (DI) (16") EA 119 11055-51-216 UTILITY FITTING (F&I) (TEE) (DI) (16") EA 4 !1055-51-308 UTILITY FITTING (F&I) (REDUCER) (DI) (6"X8") EA 6 r1055-51-508 UTILITY FITTING (F&I) (CAP) (DI) (8") EA 14 ;1055-51-S16 UTILITY FITTING (F&I) (CAP) (DI) (16") EA 4 11080-11-499 UTILITY FIXTURE (F&I) TEMPORARY JUMPER CONNECTION) (16") EA 6 11080-22-102 UTILITY FIXTURE (F&i) (REDUCED PRESSURE ZONE) (2") EA 1 1'108023-108 UTILITY FIXTURE (F&I) (TAPPING SADDLE/SLEEVE) (8"X16") EA 6 11080-23-116 UTILITY FIXTURE (F&I) (TAPPING SADDLE/SLEEVE) (16"X16") EA 4 11080-24-106 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (6") EA 14 11080-24-108 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) 8") EA 20 ,1080-24-112 UTILITY FIXTURE (F&I) (VALVE ASSEMBLY) (12") EA 3 11080-24-116 UTILITY FIXTURE (F&I) VALVE ASSEMBLY) (16") EA 20 11080-25-116 UTILITY FIXTURE (F&I) (ARV) (16") EA 1 11080-27-116 UTILITY FIXTURE (F&I) (LINE STOP ASSY) (16") EA 12 11080-32-108 UTILITY FIXTURE (F&I) (SAMPLE POINT) (8") EA 6 11080-32-116 UTILITY FIXTURE (F&I) (SAMPLE POINT) (16") EA 13 11644-136-08 IFIRE HYDRANT (F&I) (3 WAY) (2 HOSE, 1 PUMPER) (6") EA 14 11644-136-09 FIRE HYDRANT (F&I) (3 WAY) (2 HOSE. 1 PUMPER) (8") EA 1 193 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OGc 4/17 (Appendix A of Assurances) Financial Project ID: 431521-1-56-01 Federal Project ID: County: Indian River State Road No.: N/A District Document No: Utility Agency/Owner (UAO): Indian River County During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1 % of the total amount of the agreement between the Florida Department of Transportation and the UAO, or $2,500.00 whichever is greater." (5) Information and Reports: The UAO will provide all information and reports required bythe Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 194 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ41117 (Appendix A of Assurances) (6) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the LIAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States. 195 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: Oslo Road from SW 82nd Avenue to 58th Avenue Project #: 431521-1-56-01 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 196 The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 197 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date For PARTICIPANT (signature) Name and Title Federal Employer I.D. Number Date [B] Leslie R. Swan hi dicrn River' Courrtl, Srrpei-visor- of'Edectiorrs November 17, 2022 The Honorable Peter O'Bryan Chairman, Board of County Commissioners Indian River County 1801 271 Street, Building A Vero Beach, FL 32960 Dear Chairman O'Bryan: C'otet ndiattRieer.got 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 The Supervisor of Elections office has been contracted to conduct municipal elections for our local municipalities. On November 8, 2022, elections were held for the following municipalities: City of Sebastian City of Vero Beach I am requesting to have the revenue received from conducting the November 8, 2022 municipal elections be rolled into the Supervisor of Elections 2022/2023 budget. The cost for conducting these elections was $37,439.00. These election costs were not accounted for in our initial 2022/2023 budget. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, ae-'�R-'-s`oc'� Leslie R. Swan Supervisor of Elections Enclosures 199 Leslie R. Swan November 18, 2022 Tammy Bursick, City Clerk City of Vero Beach 1053 20u' Place P.O. Box 1389 Vero Beach, Florida 32960 Dear Ms. Bursick: VolelodlanliKer.gov 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 It was a pleasure to conduct the City of Vero Beach's 2022 Municipal Election. Enclosed please find the invoice and book closing voter totals for the November 8, 2022 election. The total cost for the City of Vero Beach's Municipal Election is $17,421.00. The cost is based on $1.00 per registered voter and an additional $0.50 per registered voter for exceeding the maximum print area for referendums. The City of Vero Beach had 11,614 registered voters on the October 11, 2022 book closing date. It is our privilege to conduct your municipal election. Sincerely, Leslie Rossway Swan Supervisor of Elections Enclosure 200 Leslie Rossway Swan Date 11/17/2022 Supervisor of Elections Indian River County, FL Time 10:55 AM Book Closing Party Summary by District for 2022 General Election Election 91 Closing Date = Oct/11/2022 Total Voters Dems Reps Nva Other LPF Indian River County INDIAN RIVER COUNTY 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 County Commission COUNTY COMM DIST 1 21,989 5,403 10,550 5,572 411 53 0 COUNTY COMM DIST 2 25,849 7,555 11,394 6,330 524 46 0 COUNTY COMM DIST 3 23,455 5,699 11,878 5,332 478 68 0 COUNTY COMM DIST 4 21,986 5,963 10,212 5,278 471 62 0 COUNTY COMM DIST 5 26,156 5,869 13,712 5,928 602 45 0 119,435 30,489 57,746 28,440 2,486 274 0 Congressional District 8TH US CONGRESS 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 city FELLSMERE 1,363 626 262 454 19 2 0 ORCHID 506 57 338 99 11 1 0 SEBASTIAN 20,018 4,920 9,417 5,226 405 50 0 VERO BEACH 11,614 2,892 5,656 2,775 254 37 0 INDIAN RIVER SHORES 4,130 742 2,489 811 83 5 0 37,631 9,237 18,162 9,365 772 95 0 FL House of Representatives 34TH FLORIDA HOUSE 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 School Board SCHOOL BOARD DIST 1 21,989 5,403 10,550 5,572 411 53 0 SCHOOL BOARD DIST 2 25,849 7,555 11,394 6,330 524 46 0 SCHOOL BOARD DIST 3 23,455 5,699 11,878 5,332 478 68 0 SCHOOL BOARD DIST 4 21,986 5,963 10,212 5278 471 62 0 SCHOOL BOARD DIST 5 26,156 5,869 13,712 5,928 602 45 0 119,435 30,489 57,746 28,440 2,486 274 0 Sebastian Inlet SEBASTIAN INLET 35,771 8,833 16,910 9,257 696 75 0 35,771 8,833 16,910 9,257 696 75 0 201 Page 1 Leslie Rossway Swan Date 11/17/2022 Supervisor of Elections Indian River County, FL Time 10:55 AM Book Closing Party Summary by District for 2022 General Election Election 91 Closing Date = Oct/I12022 Total Voters Dems Rens Nna Other LPF Mosquito Control MOSQUITO CONTROL 119,378 30,480 57,704 28,436 2,484 274 119,378 30,480 57,704 28,436 2,484 274 Florida Senate 29TH FLORIDA SENATE 119,435 30,489 57,746 28,440 2,486 274 119,435 30,489 57,746 28,440 2,486 274 City Ward FELLSMERE 1,363 626 262 454 19 2 ORCHID 506 57 338 99 11 1 SEBASTIAN 20,018 4,920 9,417 5,226 405 50 VERO BEACH 11,614 2,892 5,656 2,775 254 37 INDIAN RIVER SHORES 4,130 742 2,489 811 83 5 37,631 9,237 18,162 9,365 772 95 Page 2 0 0 0 0 0 0 0 0 0 0 202 Leslie R. Swan Indian River Cotrqv Supervisor of Elections November 18, 2022 Jeanette Williams, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Ms. Williams: Voteladianlbver gov 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 It was a pleasure to conduct the City of Sebastian's 2022 Municipal Election. Enclosed please find the invoice and book closing voter totals for the November 8, 2022 election. The total cost for the City of Sebastian Municipal Election is $20,018. The cost is based on $1.00 per registered voter residing in the City of Sebsatian as of the book closing date on October 11, 2022. The City of Sebastian had 20,018 registered voters on the book closing date. It is our privilege to conduct your municipal election. Sincerely, Leslie Rossway Swan Supervisor of Elections Enclosure 203 Leslie Rossway Swan Date 11/17/2022 Supervisor of Elections Indian River County, FL Time 10:55 AM Book Closing Party Summary by District for 2022 General Election Election 91 Closing Date = Oct/11/2022 Total Voters Dems Rens Noa Other LPF Indian River County INDIAN RIVER COUNTY 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 County Commission COUNTY COMM DIST 1 21,989 5,403 10,550 5,572 411 53 0 COUNTY COMM DIST 2 25,849 7,555 11,394 6,330 524 46 0 COUNTY COMM DIST 3 23,455 5,699 11,878 5,332 478 68 0 COUNTY COMM DIST 4 21,986 5,963 10,212 5,278 471 62 0 COUNTY COMM DIST 5 26,156 5,869 13,712 5,928 602 45 0 119,435 30,489 57,746 28,440 2,486 274 0 Congressional District 8TH US CONGRESS 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 City FELLSMERE 1,363 626 262 454 19 2 0 ORCHID 506 57 338 99 11 1 0 SEBASTIAN _111 ,018 4,920 9,417 5,226 405 50 0 VERO BEACH 11,614 2,892 5,656 2,775 254 37 0 INDIAN RIVER SHORES 4,130 742 2,489 811 83 5 0 37,631 9,237 18,162 9,365 772 95 0 FL House of Representatives 34TH FLORIDA HOUSE 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 School Board SCHOOL BOARD DIST 1 21,989 5,403 10,550 5,572 411 53 0 SCHOOL BOARD DIST 2 25,849 7,555 11,394 6,330 524 46 0 SCHOOL BOARD DIST 3 23,455 5,699 11,878 5,332 478 68 0 SCHOOL BOARD DIST 4 21,986 5,963 10,212 5,278 471 62 0 SCHOOL BOARD DIST 5 26,156 5,869 13,712 5,928 602 45 0 119,435 3.0,489 57,746 28,440 2,486 274 0 Sebastian Inlet SEBASTIAN INLET 35,771 8,833 16,910 9,257 696 75 0 35,771 8,833 16,910 9,257 696 75 0 204 Page 1 Leslie Rossway Swan Date 11/17/2022 Supervisor of Elections Indian River County, FL Time 10:55 AM Book Closing Party Summary by District for 2022 General Election Election 91 Closing Date = Oct/I M022 Total Voters Dems Revs Nva Other LPF Mosquito Control MOSQUITO CONTROL 119,378 30,480 57,704 28,436 2,484 274 0 119,378 30,480 57,704 28,436 2,484 274 0 Florida Senate 1 0 SEBASTIAN 20,018 4,920 9,417 29TH FLORIDA SENATE 119,435 30,489 57,746 28,440 2,486 274 0 119,435 30,489 57,746 28,440 2,486 274 0 City Ward FELLSMERE 1,363 626 262 454 19 2 0 ORCHID 506 57 338 99 11 1 0 SEBASTIAN 20,018 4,920 9,417 5,226 405 50 0 VERO BEACH 11,614 2,892 5,656 2,775 254 37 0 INDIAN RIVER SHORES 4,130 742 2,489 811 83 5 0 37,631 9,237 18,162 9,365 772 95 0 205 Page 2 /0al INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: John Stoll Chief, Long Range Planning DATE: December 5, 2022 RE: County Initiated Request to Amend the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period FY 2022/23 —2026/27. It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 13, 2022. 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. 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 (CIE). Unlike the other elements, the CIE must be amended every year in accordance with state regulations. According to state law, amendments to the Capital Improvements Program (CIP) schedule and its supporting data and analysis may be accomplished by following local government ordinance adoption/amendment procedures. These procedures require only one hearing, while other types of comprehensive plan amendments involve 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. ANALYSIS 206 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. Proposed Changes to the Capital Improvements Element 0 Capital Improvements Program The Capital Improvements Program lists all programmed capital improvements for fiscal years 2022/23 through 2026/27. Within the CIP, each project was selected based upon the need for the project 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 $474,689,526. As structured, the CIP consists of the following ten categories: 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. Coastal Management Coastal management capital projects occurring within the next five years include beach nourishment projects in sectors 5 and 7. These projects will be funded by the Federal Emergency Management Agency, Florida Department of Environmental Protection, Optional Sales Tax, and the County's Beach Restoration Fund. The total expenditure for the projects within this category for fiscal years 2022/23 through 2026/27 is $12,700,000, representing approximately 2.68% of the overall CIP. Conservation and Aquifer Recharge For conservation and aquifer recharge 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, and park impact fees. The total expenditure for the projects within this category for fiscal years 2022/23 through 2026/27 is $14,568,500, representing approximately 3.07% of the overall CIP. 2 207 Emergency Services Emergency services capital projects include the acquisition of multiple ambulances (med units), fire trucks, construction on Emergency Services Stations 15, and 16 and various equipment and facility upgrades. Funding for these improvements comes from impact fees, one -cent local optional sales tax, and emergency services district millage. The total expenditure for projects within this category for fiscal years 2022/23 through 2026/27 is $35,771,198, representing approximately 7.54% of the overall CIP. Facilities Management For the next five fiscal years, facilities management capital improvements projects represent approximately 7.16% of the overall CIP with a total of $33,968,317. These projects include improvements such as the expansion of County Administration Building B, LED lighting upgrades, fiber optic cable connectivity, renovations to several county buildings, and costs for replacement of various county building roofs. These projects will be funded through various sources, including the one cent local option sales tax, American Rescue Plan funds, and impact fees. Law Enforcement and Corrections Law enforcement and corrections capital improvement projects over the next five years include Sheriff Facility expansions/renovations, a new classroom, real time crime center, and corrections improvements. These projects will be funded by Law Enforcement impact fees and the one cent local option sales tax. The total expenditure for projects within this category for fiscal years 2022/23 through 2026/27 is $21,814,785, representing approximately 4.6% of the overall CIP. Parks and Recreation Parks and recreation projects include improvements to facilities such as the Victor Hart Sr. Complex (fka Gifford Park), Fran B. Adams Regional Park, Hobart Park, 58' Avenue ballfields, County Fairgrounds, West Wabasso Park, and the Jackie Robinson Training Complex. These projects will be paid for with the one -cent local option sales tax, golf club user fees, Windsor fund, Fairgrounds improvement fund, and impact fees. The expenditures within this category for fiscal years 2022/23 through 2026/27 total $25,590,590, representing approximately 5.4% of the overall CIP. Sanitary Sewer and Potable Water Potable water and sanitary sewer capital improvement projects planned for fiscal years 2022/23 through 2026/27 include construction of several water mains (new and replacement), North County (Sebastian) septic to centralized sewer conversions, replacement and restoration of Ixora Park sewer 1: main, and South Oslo 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 approximately 18% of the overall CIP, with $85,458,953 in expenditures during the five-year CIP period. Solid Waste Over the next five fiscal years, solid waste capital improvement projects include expansion of Cell III of Segment 3 of the landfill, HHW building, a new single stream recycling building, anew drop- off facility, and various improvements at the landfill. Funded by assessments, user fees and the escrow account, these improvements total $26,315,000 and account for approximately 5.5% of the overall CIP. Stormwater Management Stormwater management capital improvement projects include construction of a canal treatment system in the North Relief Canal, North Indian River Drive Stormwater Treatment Project, Egret Marsh improvements, and a TMDL/Lagoon Treatment System. The stormwater management projects will be funded by the one -cent local option sales tax, grant funds, stormwater MSBU funds, and Vero Lake Estates assessments. The expenditures within this category for fiscal years 2022/23 through 2026/27 total $15,356,331, representing approximately 3.24% of the overall CIP. Transportation Accounting for the single largest share of CIP expenditures, transportation projects include 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, and gas tax revenue. Some expenditures for roads are also funded by the State of Florida, developers, and grants. Transportation project expenditures total $203,145,852 representing approximately 42.8% of the overall CIP. The following comparison table shows the changes in funding from last year's CIP to the current CIP: Comparison of Existing (Last) 5 Year CIP Expenses by Category to Proposed 5 Year CIP Expenses by Category Category FY 2021/22-2025/262022/23-2026127 Difference $ Difference % Coastal Management $30,457,842 $12,700,000 $17,757,842 58% Conservation & Aquifer Recharge $13,804,906 $14,568,500 $763,594 6% Emergency Services $29,423,635 $35,771,198 $6,347,563 22% 4 209 General Services/Facitities Management $29,858,744 $33,968,317 $4,109,573 14% Law Enforcement & Corrections $8,765,894 $21,814,785 13,048,891 148% Recreation & Open Space $18,169,853 $25,590,590 $7,420,737 40% Sanitary Sewer & Potable Water $98,371,499 $85,458,953 $12,912,546 13% Solid Waste $17,950,000 $26,315,000 $8,365,000 46% Stormwater Management $24,538,000 $15,356,331 $9,181,669 37% Transportation $184,969,987 $203,145,852 $18,175,865 10% Total $456,310,360 $474,689,526 $18,379,166 4% Indian River Lap-oon Projects In 2016, the Board of County Commissioners 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. Upon renewal of the one -cent local option sales tax in November 2016, 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 on January 1, 2020, and ending on December 31, 2024 (FY 2019/20 — 2024/25). The proposed 5 year Capital Improvements Program schedule allocates more that 20% ofprojected one -cent local option sales tax revenue to lagoon related projects during the FY 2022/23 —2026/27 period. The allocation is within the Stormwater Management, Conservation, Parks and Recreation, and Sanitary Sewer and Potable Water sections of the CIP. Examples of the lagoon benefiting projects listed in those sections of the proposed Capital Improvements Element include the following: • North Sebastian / Highlands/ West Wabasso Sewer • Floravon Shores Septic to Sewer • North Indian River Drive Stormwater Treatment • Lost Tree Islands restoration, replanting • North Relief Canal Treatment System, Stormwater Marsh Projects, TMDL Lagoon Treatment System In addition to the above listed lagoon benefiting projects, there are numerous projects with secondary benefits to the lagoon listed in the Transportation section ofthe CIP such as road projects that 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. 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 5 210 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: ■ 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 ofpolicy 14.3 ofthe 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 no 211 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 2022/23-2026/27 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the proposed ordinance. ATTACHMENTS 1.) Comprehensive Plan Text Amendment Adoption Ordinance 2.) Draft 2022 Capital Improvement Element 3.) Strikethrough and underline version of the CIE 4.) 5 Year Schedule of Capital Improvements 5.) Appendix B -D 6.) BCC Adoption Ad FACommnoity DevdopmmdComp=h=sive Plan Ten Ameadmwts\CM2022\BCCIBGC_STAFF_REPORT CIE2022.dm 7 212 ORDINANCE NO. 2022 - 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 13'', 2022, 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). 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. Attachment 1 213 ORDINANCE NO. 2022 - 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 5. 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 6. 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 27th day of November, 2022, for a public hearing held on the 13th day of December, 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joesph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joesph H. Earman, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Attachment 1 214 ORDINANCE NO. 2022 - 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 Attachment 1 215 TABLE OF CONTENTS Listof Figures.................................................................................................................................. ii Listof Tables................................................................................................................................... iii Introduction..................................................................................................................................... I ExistingConditions.......................................................................................................................... 2 FinancialResources...........................................................................................................................2 Expenditures....................................................................................................................................19 Existing Outstanding Debt...............................................................................................................23 Local Policies and Practices.............................................................................................................23 Analysis.......................................................................................................................................... 27 Analysis of the Timing and Location of Capital Improvements.......................................................27 NeedsAssessment............................................................................................................................ 32 FiscalAssessment............................................................................................................................ 34 FiscalAssessment Summary............................................................................................................39 ConcurrencyManagement Plan...................................................................................................... 39 ProjectApplicability........................................................................................................................40 ServiceStandards.............................................................................................................................40 Demand................................................................................................................................. •.......... 41 Availabilityof Capacity...................................................................................................................43 Regulation........................................................................................................................................45 Monitoring System ................................. Applicability..................................................................................................................................... 48 Goal, Objectives and Policies......................................................................................................... 48 Implementation, Evaluation, and Monitoring.................................................................................. 57 Implementation................................................................................................................................ 57 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 of Indian River County Capital Improvements Schedule .................... C APPENDIX D: School District of Indian River County Summary of Estimated Revenue ................... D Community Development Department Adopted December _, 2022, Ordinance 2022 - i ATTACHMENT 2 Indian River County 216 List of Figures Faure Title page Figure 6.1,4d Valorem Taxes (Property Taxes ....... ......................................... 3 Figure 6.2 Enterprise Funds............................................................................................................ 3 Figure 6.3 User Fees and Charges............................................................................ Figure6.4 Special Assessments ............... :.......................................................................... :....:...... 4 Figure6.5 Impact Fees..................................................................::....................................::....... S Figure 6.6 Local Discretionary Sales Surtax .................e• .............................................................. 6 Figure 6.7 Tourist Development Tax ......................... ..............................................................:. ..... 7 Figure 6.8 Local Option Fuel Tax ................................ .... 10 Figure 6.9 Franchise Fee/Tax.....................................::w. .................................. ...................... 11 Figure 6.10 Local Government Half -Cent Sales Tax ...................................... 14 Figure 6.11 County Revenue Sharing ......................... :....:............................... :.... ........................ 15 Figure 6.12 Constitutional Fuel Tax............................:::.............................................................. 15 Figure6.13 County Fuel Tax........................................................................................................ 16 Figure 6.14 Alcoholic Beverage License Tax ............. :.................................... ............................ 16 Figure 6.15 Mobile Home License Tax...........................::....................................:....................... 17 Figure 6.17 General Government Expenditures by Functton....................................................... 21 Figure 6.18 Future Capital Improvements Expenditure..................................::............................33 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022 - ii ATTACHMENT 2 217 List of Tables Table Title Table 6.2: Optional Tourist Taxes on Transient Rental Facilities Table 6.3: Local Fuel Tax Rates ................................................... Table 6.4: Indian River County General Revenues By Source .................................. Table 6.5: Indian River County General Government Expenditures By Function.... Table 6.6: Indian River County Existing Long Term Debt ........................................ Table 6.7. Overall General Revenue Projection Summary ....................................... Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element............ Table 610: Future Capital Improvement Expenditures for Indian River County &. Page I..... 9 11 18 20 23 30 31 33 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 ............................. Error! Bookmark not defined Table 6.16. Service Level Measures for Concurrency Related Facilities .................................... 40 Table 6.17. Monitoring System Design........................................................................................ 47 Table 6.18: Monitoring System Tasks........................................................................................... 47 Table 6.19: Capital Improvement Element Implementation Matrix ............................................. 58 Table 6.20. Capital Improvements Element Evaluation Matrix ................................................... 60 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022 - iii ATTACHMENT 2 218 219 Comprehensive Plan Capital Improvements Element 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 ofthis 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 1 220 Comprehensive Plan Capital Improvements Element 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 2020/21. 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 December _, 2022, Ordinance 2022 - Indian River County 2 221 Table 6.1: Indian River County Revenue Sources (FY 2020/21) Federal Sources State Sources Local Sources Amount % of Total Amount % of Total Amount % of notal ($1,000) Revenue ($1,000) Revenue ($11000) Revenue Various Grants $31,231 9.52% Local Government Half -Cent Sales Tax $12,009 3.66% Ad Valorem Taxes $115,595 35.23% Total Federal $31,231 9.52% County Revenue Sharing $4,417 1.35% Enterprise Funds $63,763 19.43% Constitutional Fuel $1,812 0.55% User Fees and $19,581 5.970/9 Tax Charges $797 0.24% $488 0.15% County Fuel Tax Special Assessments Alcoholic Beverage License Tax $70 0.02% Impact Fees $12,239 3.73% Distribution of $447 0.14% $22,079 6.73% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $107 0.03% $3,623 1.10'/0 Mobile Home Tourist Development License Tax Tax Various Grants $10,595 3.23% Local Option Fuel $3,563 1.09% Tax Total State $30,254 9.22% Franchise Tax $9,463 2.88% $626 0.19% Interest Income $15,641 4.77% Other $266,661 81.260/9 Total Local $328,146 100.000/0 Total All Sources Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 2 221 Comprehensive Plan Capital Improvements Element 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 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 2020/21, Indian River County imposed an aggregate millage rate of 6.1286. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Table 6.1 shows that in FY 2020/21 Indian Figure ii:UA-dVai aTaltRvvem!eby FY s140.000 _,...._.:_ 512000 Mum sl0w 5 lid 520.000 s0 15J16 MV tvit 'iii Ott SWAVC Man River County FinanM9" 9" "M River County collected approximately $115,595 in ad valorem taxes. In FY 2020/21, ad valorem taxes represented 35.23% 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 2015/16. The increase relates to a continually improving housing and property market. • Enterprise Funds 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 S70.00a S60.00D 550,000 $40,000 530,000 $20,000 Figure 6.2: Enterprise Fund Reserve by FY government sector. Generally, enterprise departments assess a fee to the customer using the goods Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 3 222 Comprehensive Plan Capital Improvements Element or services provided by that department. In Indian River County, Utility System, Solid Waste Disposal District, Golf Course, and Building Division are enterprise funds. Table 6.1 shows that enterprise fund revenue represented 19.43% of Indian River County's total funds for FY 2020/21. 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 24.85%. • 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 Figure 6.3: User Fees and Charges by FY by other fund sources. In FY 2020/21, user fees and charges represented 5.97% ofall funds collected by Indian River County. Figure 6.3 displays user fees and charges collected by Indian River County over the last six fiscal ears Duringthat time eriod revenue .7 p from user fees and charges varied, but overall increased by 26.06%. • 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 Community Development Department Adopted December _, 2022, Ordinance 2022 - Figure 6.4: Special Assessments Revenue by FY $580 5562 $560 5546 $540 5536 6531 $520 s5as $500 5488 $480 $460 $440 15/16 16/17 17/18 18/19 19/20 20/21 ■Revenue (n thousands) Source: Indian River County Finance Department Indian River County 4 223 Comprehensive Plan Capital Improvements Element 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 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 0.15% of county funds for FY 2020/21. 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 decreased by 8.96%. 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, educational facilities, 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 5 224 Figure 6.5: Impact Fee Revenue by FY $14,000 $12,000 1 $10,000 $8,000 $6,000 $4,000 $2,000 15/16 16117 17/18 18/19 19/20 20/21 mRevenue (ii thousands) Source: Indian River County Finance Department 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 5 224 1 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 5 224 Comprehensive Plan Capital Improvements Element 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 correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than twelve million dollars of impact fee revenue was collected in FY 2020/21. This is over four and half million dollars more than what was collected in FY 2019/20.. During the past six years revenue from impact fees have increased 95.45%. • 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 Figure 6.6: Local Discretionary Sales Surtax by FY $25,0 s22.o7s $20,000ss.�os �t92 s18,985 $16.83 517.624 $15,000 $10,000 $5,000 15116 16/17 17/18 18119 19/20 20121 ■Revenue (In tnousanas) Source. Indian River County Finance Department Government Infrastructure Surtax of either 0.5% or 1.0%. Currently, Indian River County imposes the 1.0% Infrastructure Surtax. 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 6 225 Comprehensive Plan Capital Improvements Element Table 6.1 shows that local sales surtax revenue represented 6.73% of all funds collected by Indian River County in FY 2020/21. 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 30.96% 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. 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 Figure 6.7: Tourist Development Tax Revenue by FY $4.000 63.823 $3,500 33.o2s $3.000 52.818 S2.714 32.433 $2.500 $2.000 $1.500 $1,000 $500 15116 16/17 17/18 18119 19/20 20/21 UReveme to um1 Source: Indian RiverCounty Finance Department professional sports franchise facility tax may be authorized by 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 ofthe 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 7 226 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 8 227 Comprehensive Plan Capital Improvements Element 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 Le vy 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 2022 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; Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 9 228 Comprehensive Plan Capital Improvements Element (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; (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 2015/16, Tourist Development Tax revenue has increased 48.91%. ➢ 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 $3,900 Figure 6.8: Local Option Fuel Tax Revenue by FY $3,800 $3,700 I $3.600 ro $3.500 $3,400 $3,300 $3,200 - 15/16T 16/17 17/18 18119 19;20 20/21 MRevenue (n thousands) Source: Indian River County Finance Department 1 � 1■■■AI' 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 1.09% of all funds collected by Indian River County for FY 2020/21. Figure 6.8 shows the local option fuel tax revenue received by Indian River County. Since FY 2015/16 local option fuel tax revenue has decreased by 0.3%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December _, 2022, Ordinance 2022- Indian River County 10 229 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 1.09% of all funds collected by Indian River County for FY 2020/21. Figure 6.8 shows the local option fuel tax revenue received by Indian River County. Since FY 2015/16 local option fuel tax revenue has decreased by 0.3%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December _, 2022, Ordinance 2022- Indian River County 10 229 Comprehensive Plan Capital Improvements Element 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 ofthe 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 2022. 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 December _, 2022, Ordinance 2022 - Figure 6.9: Franchise Fee/Tax Revenue by F $9,500 S9.448 59,x63 $9,400 $9,300 59.274 $9,200 59.130 59124 $9,100 59220 $9,000 $8,900 $8,800 $8,700 15116 16117 17118 18/19 19!20 20121 ■Revenue (n thousands) Source. Indian River County Finance Department Indian River County 11 230 Comprehensive Plan Capital Improvements Element Table 6.1 shows that franchise fee revenue represented 2.88% of all funds collected by Indian River County in FY 2020/21. Figure 6.9 shows that since FY 2015/16 franchise fee revenue collected by Indian River County increased by 2.04%. • 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 4.77% of all funds collected in FY 2020/21. • 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 12 231 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 13 232 Comprehensive Plan Capital Improvements Element 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. 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 b th nt In FY 2020/21 Figure 6.10: Half Cent Sales Tax $14,000 Revenue by FY $12.000 f $10,000 $8.000 $6,000 $4,000 $2,000 15/16 16117 17118 18113 19/20 20121 M2evenue (n thousands) Source: Indian River County Finance Department J e cou y. , Indian River County received S 12,009,000 through the half -cent sales tax. As shown in Table 6. 1, that amount represented 3.66% of all funds collected by Indian River County during the 2020/21 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 by 32.78% between Fiscal Year 2015/16 and Fiscal Year 2020/21. 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 14 233 Comprehensive Plan Capital Improvements Element • 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 $5,000 Sharing by FY $4.417 $4,500 54,011 $4,000 $3.601 53,797 $3,772 53,431 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 15/16 16/17 17118 18119 19120 20/21 @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 1.35% of all funds collected by Indian River County in FY 2020/21. Figure 6.11 shows that, between Fiscal Year 2015/16 and 2020/21, Indian River County's revenue from revenue sharing increased by 28.74. • Constitutional Fuel Tax The constitutional fuel tax is defined as an FIGURE 6.12: Constitutional Fuel Tax $1 950 Revenue by FY 51.916 $1,900 S1;853 $1,850 51,814 51.812 $1,800 $1,766 $1,750 51.707 $1,700 $1,650 $1,600 15/16 16/17 17/18 18/19 19/20 20/21 ■Revenue (in thousands) Source: Indian River County Finance Department excise or license tax of two cents per gallon of motor fuel, imposed upon the first sale or first removal Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 15 234 Comprehensive Plan Capital Improvements Element 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 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 0.55% oftotal revenue received by Indian River County in FY 2020/21. Figure 6.12 shows that, over the last six fiscal years, constitutional fuel tax revenue received by Indian River County increased by 2.6%. 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 0.24% of all revenue collected by Indian River County in FY 2020/21. Figure 6.13 shows that, over the last six fiscal years, county fuel tax revenue received by Indian River County increased 1 significantly from FY 2018/19 to FY 2019/20. Alcoholic Beverage License Tax 78%. but decreased 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 16 235 Comprehensive Plan Capital Improvements Element 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. Table 6.1 shows that the county received approximately $70,000 from this tax in FY 2020/21, 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 Figure 6.14: Alcoholic Beverage License Tax by FY $72 $70 $70 ass $68 $66 $66 $65 $64 363 $62 $60 559 $58 $56 $54 $52 15/16 16/17 17118 18!19 19/20 20121 ■Revenue (n thousands) Source: Indian River County Finance Department 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 2020/21. 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 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 V hi 1 'th d d t d Figure 6.15: Mobile Home License Tax Revenue by FY $112 1 MUM e c es, wi procee s eposi e into the State General Revenue Fund. The second is a deduction of $1.00, with proceeds deposited Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 17 236 Comprehensive Plan Capital Improvements Element 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 0.03% of all revenue received by Indian River County in FY 2020/21. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 2015/16 and FY 2020/21. Various Grants Table 6.1 shows that funds received in the form of state grants represented 3.23% of funds received by the county in FY 2020/21. 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 2020/21 the county received approximately $31,231,000 in federal funds. Those funds represented 9.52% of all funds received by Indian River County in FY 2020/21. 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 ofAccounts 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 2015/16 through 2020/21. Table 6.4: Indian River County General Revenues By Source Fiscal Year Licenses & Intergovernmental Charges for Fines & Miscellaneous Totals Taxes Pennits Revenue Services Forfeitures Revenues 2015/16 $109,101,602 $19,872,044 $33,535,027 $62,868,855 $1,708,273 $10,591,490 $237,677,291 2016/17 $115,774,419 $19,558,052 $31,587,431 $64,685,312 $1,680,464 $9,058,093 $242,343,771 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 1$ 237 Comprehensive Plan Capital Improvements Element Table 6.4: Indian River County General Revenues By Source Fiscal Year Licenses & Intergovernmental Charges for Fines & Miscellaneous Totals Taxes Permits rm Revenue Services Forfeitures Revenues 2017/18 $125,723,036 $22,425,960 $37,168,177 $67,769,381 $1,739,585 $17,885,999 $272,712,138 2018/19 $132,706,277.00 $21,586,692.00 $33,137,945.00 $71,070,803.00 $2,177,709.00 $18,510,569.00 $279,189,995.00 2019/20 $141,010,151.00 $21,463,368.00 $33,940,616.00 $71,654,810.00 $1,413,528.00 $16,166,807.00 $285,649,280.00 2020/21 $146,300,990.00 $27,700,912.00 $63,146,834.00 $78,137,077.00 $2,174,438.00 $10,685,356.00 $328,145,607.00 Source: Indian River County Finance Department. Figure 6.16: Distribution of General Revenues By Category 2016 4.413% 45.90% 0.72% 1411% 836% 26.45% 2019 dol 47.7796 3.74% 8-07% 0.69% a 13.Q3?6 26.69% 2020 2018 6,56% 46.100k8.213 0 644'6 2% 63% 24 05% 2021 47-53=6 46.10% 8.22% 44.584 0.44% `7.73^0 13.63% -_. 663%6 3.26% 0384ro ttar�, n 24.85% 0.66% 25,460,100.04% 23.8170 19.24?ro ■Taxes auc,-rses 8f emus o ntergoverwental Reverue oChargesfor:ervices ■fines&rededures oMiscellaneous Revenues 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. Expenditures 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 2015/16 through 2020/21. Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 19 238 Comprehensive Plan Capital Improvements Element Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 General Government $23 028,473 $29,456,693 $30 631940 $28,825,668 $30,964,357 $43,454,745 Public Safety $81,251,970 $89,841,802 $921695,363 $94,683,976 $102,163,713 110,383,649 Physical Environment $49,148,815 $55,578,221 $59,317,463 $65,665,032 $62,467,257 $62,006,788 Transportation $30,991,899 $29,314,242 $31,359,379 $31,224,861 $35,037,602 $32,328,979 Economic Environment $424,593 $437,031 $426,085 $469,565 $510,010 $847,483 Human Services $7,868,392 $8,116,910 $9,302,125 $9,511,279 $11,662,394 $21,933,645 Culture/Recreation $24,240,179 $15,891,840 $14,980,225 $21,638,673 $26,222,358 $28,541,061 Court Related $6,605,682 $6,755,050 $6,540,045 $7,187,297 $6,536,101 $7,752,380 Debt Service $5,215,007 $5,230,520 $5,270,153 $6,179,835 $7,887,367 $491,006 TOTAL $228,775,010 $240,622,309 $250,522,778 $265,386,186 $283,451,159 $307,739,736 Source: Indian River County Comprehensive Annual Financial Report 2018/19 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 2016 35.5% 21.5% 2.3% 3,41% 0.2% 13.5% 2•9% 10.6% 2019 36.0% 24.546 11.6% a.2% 10 9 2.346 2.7% 3.6% 8.2% 0 General Government 0 Transportation 8 Culture/Recreation 12.; 2 2017 6.6% J 3.4% 36.01,-6 2020 22.0% 12.4% 0.2% 4.1 % 10.9% 2.8% 2.3% 9.3% ■ Public Safety ■ Economic Environment M Court Related 2018 37.0% 12.2% 2.1%1 23.7% 2.6% 6.046 0.2% 12.5% 3.713% 35.9% 2021 20.1% 14.1% 0.2% 10.516 9.3% 1.1°6 0.3% 2.5% o Physical Environment ■ Human SeMces 0 Debt Service Community Development Department Indian River County Adopted December 2022, Ordinance 2022- 20 239 Comprehensive Plan Capital Improvements Element 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, $43,454,745 was spent on general government services in FY 2020/21. Between fiscal years 2015/16 and 2020/21, general government expenditures increased by 88.7%. In FY 2020/21, general government services represented 14.12% of all county expenses. Public Safety The Sheriffs 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 2020/21, spent $110,383,649 for public safety services. Since FY 2015/16, public safety expenditures have increased by 35.85%. Public safety represented 35.87% of all county expenses in FY 2020/21. 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 $62,006,788 was spent on these activities in FY 2020/21. Since FY 2015/16, physical environment expenditures have increased by 26.16%. Physical environment services represented 20.15% of all county expenses in FY 2020/21. 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 $32,328,979 on transportation facilities in FY 2020/21. Since FY 2015/16, transportation expenditures have increased by 4.31 %. Transportation expenses represented 10.5% of all county expenses in FY 2020/21. 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 $847,483 was spent on economic environment Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 21 240 Comprehensive Plan Capital Improvements Element services in FY 2020/21. Since FY 2015/16, economic environment expenditures have increased by 99.59%. Economic environment expenses represented 0.28% of all county expenses in FY2020/21. 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 $21,933,645 on human services in FY 2020/21. Since FY 2015/16, human services expenditures have increased by 178.76%. Human Services represented 7.13% of all county expenses in FY 2020/21, 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 $28,541,061 on those services in FY 2020/21. Since FY 2015/16, cultural/recreation expenditures have increased by 17.74%. Culture/recreation expenses represented 9.27% of all County expenses in FY 2020/21. 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 $7,752,380 in FY 2020/21. Between fiscal years 2015/16 and 2020/21, Court Related expenditures increased by 17.36%. Court Related costs represented 2.52% of all county expenses in FY 2020/21. 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 $491,006 in FY 2020/21. Since FY 2015/16, debt service expenditures have decreased by 90.58%. Debt service expenses represented 0.16% of all County expenses in FY 2020/21. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 22 241 Comprehensive Plan Capital Improvements Element Existing Outstanding Debt At the end of FY 2020/21, Indian River County's outstanding debt, comprised of revenue bonds and general obligation bonds, stood at $3,255,000. That is shown in table 6.6. . 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 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 (x,,09/30/2021 Water & Sewer Revenue Bonds: 2015 Series $7,171,000 $0 1.65% 2022 N/A Water & Sewer Revenues Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $3,255,000 1 4.87% 1 2031 AAA/FGIC State Funds & Tourist Tax $3,255,000 Total Bonds Outstanding Source: Indian River County Budget. 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 23 242 Comprehensive Plan Capital Improvements Element 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. Existine 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) • .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): Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 24 243 Comprehensive Plan Capital Improvements Element • 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 • 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%: • 27' Ave — South County Line to SR 60 • 43d Ave - Oslo Road to 16''' 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 Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 25 244 Comprehensive Plan Capital Improvements Element 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: 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 26 245 Comprehensive Plan Capital Improvements Element 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 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 27 246 Comprehensive Plan Capital Improvements Element 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. 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 28 247 Comprehensive Plan Capital Improvements Element 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 2025/26, 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 ofprofessionally 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 2022/23 through 2026/27. 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 2022/23 through 2026/27. Those revenues include the County'sgeneral 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 2022/23 to fiscal year 2026/27 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 29 248 Comprehensive Plan Capital Improvements Element Table 6.7: Overall General Revenue Projection Summary F.1, 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL Taxes $173,718,853 $178,062,000 $182,514,000 $187,077,000 $191,754,000 $913,125,853 Permits, Fees & $42,870,973 $43,943,000 $45,042,000 $46,168,000 $47,322,000 $225,345,973 Special Assess. Intergovern- $35,043,679 $35,920,000 $36,818,000 $37,738,000 $38,681,000 $184,200,679 ment Charges for $101,672,615 $104,214,000 $106,819,000 $109,489,000 $112,226,000 $534,420,615 Services Judgements, Fines & $524,870 $538,000 $551,000 $565,000 $579,000 $2,757,870 Forfeitures Interest & Misc. $9,685,914 $9,928,000 $10,176,000 $10,430,000 $10,691,000 $50,910,914 Other Sources $168,651,210 $120,895,510 $91,726,357 $67,252,334 $43,131,250 $491,656,661 TOTAL $532,168,114 $493,500,510 $473,646,357 $458,719,334 $444,384,250 $2,402,418,565 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 2022/23 through 2026/27. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Earmarked forecasted transportation revenues are expected to increase by 6.77% over the next five fiscal years, from $34,457,000 in FY 2022/23 to $36,790,508 in FY 2026/27. For potable water and sanitary sewer, earmarked revenue is expected to increase by 10.28% over the next five fiscal years, from $42,457,116 in FY 2022/23 to $46,865,000 in FY 2026/27. Over the next five years, earmarked revenue for solid waste is expected to increase by 10.38% from $22,142,998 in FY 2022/23 to $24,442,000 in FY 2026/27. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 30 249 Comprehensive Plan Capital Improvements Element Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Fiscal Year Transportation Potable Emergency Services District Local Option Constitutio County Traffic 1 cent Interest on 2022/23 Fiscal Year Waw & Sanitary Solid Waste 1.1506 Gas Tax* nal Gas Gas Tax Impact Fee optionalT Gas Tax OgI Sewer 2.3531 2024/25 $24,777,113,457 Tax $13,806,252,719 1.1506 sales ta les tax 2.3531 2025/26 $25,520,426,861 $26,286,039,667 3.5475 3.5475 2022/23 1.1506 1.1506 $21,039,833,804 $21,671,028,818 2.3531 2.3531 2026/27 $3,500,000 $1,825,000 $795,000 $6,310,000 $22,000,000 $27,000 $34,457,000 $42,457,116 $22,142,998 2023/24 $3,500,000 $1,825,000 $795,000 $6,436,000 $22,440,000 $27,000 $35,023,000 $43,519,000 $22,697,000 2024/25 $3,500,000 $1,825,000 $795,000 $6,565,000 $22,888,800 $27,000 $35,600,800 $44,607,000 $23,264,000 2025/26 $3,500,000 $1,825,000 $795,000 $6,696,000 $23,346,576 $27,000 $36,189,576 $45,722,000 $23,846,000 2026/27 $3,500,000 1 $1,825,000 1 $795,000 $6,830,000 $23,813,000 S27,000 $36,790,508 W,865,000 $24,442,000 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 2026/27. Overall, the countywide ad valorem tax base is the same as the general fund category identified in table 6.7. 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 2022/23 $23,354,805,784 3.5475 $13,013,717,333 1.1506 $19,254,428,420 2.3531 2023/24 $24,055,449,958 3.5475 $13,404,128,853 1.1506 $19,832,061,273 2.3531 2024/25 $24,777,113,457 3.5475 $13,806,252,719 1.1506 $20,427,023,111 2.3531 2025/26 $25,520,426,861 $26,286,039,667 3.5475 3.5475 $14,220,440,301 $14,647,053,510 1.1506 1.1506 $21,039,833,804 $21,671,028,818 2.3531 2.3531 2026/27 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 31 250 Comprehensive Plan Capital Improvements Element 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. Chanizes to the Capital Improvements Proaram Overall, County revenue sources except "Other Sources" are expected to increase at a total rate of 10.38% from 2022/23 through Fiscal Year 2026/27 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, 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 32 251 Comprehensive Plan Capital Improvements Element Table 6.10 identifies capital improvement needs through fiscal year 2026/27 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 2022/23 2023/24 2024/25 2025/26 2026/27 Total Coastal Management $0 $12,500,000 $0 $0 $200,000 $12,700,000 Conservation & Aquifer Recharge $5,108,500 $2,090,000 $1,640,000 $3,250,000 $2,515,000 $14,568,500 Emergency Services $10,229,198 $7,550,000 $5,340,000 $3,675,000 $8,977,000 $35,771,198 General Services/Facilities Management $13,118,317 $12,025,000 $8,275,000 $275,000 $275,000 $33,968,317 Law Enforcement & Corrections $8,499,785 $4,000,000 $2,800,000 $3,140,000 $3,375,000 $21,814,785 Recreation & Open Space $12,275,590 $5,315,000 $2,050,000 $3,000,000 S2,950,000 $25,590,590 Sanitary Sewer & Potable Water $20,066,103 $20,292,663 $20,860,000 $11,920,187 $12,350,000 $85,458,953 Solid Waste $9,000,000 $12,825,000 $2,420,000 $2,070,000 $0 $26,315,000 Stormwater Management $2,406,331 $6,900,000 $250,000 $2,300,000 S3,500,000 $15,356,331 Transportation $74,212,001 $41,976,097 $44,850,607 $26,013,147 $16,094,000 $203,145,852 Total $154,915,825 $125 473 760 $88 455 607 $55608 34 S50 236 000 $474 689 526 Public School Facilities* $26,402,785 $17,329,027 $19,036,515 $22,359,981 $23,838,256 $108,966,564 *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 $474,689,526 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 33 252 Comprehensive Plan Capital Improvements Element 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 2026/27 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. Fiscal Assessment 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. Proiected Expenditures Table 6.11 shows the County's projected expenditures for fiscal years 2022/23 through 2026/27. By fiscal year 2026/27, the County is forecasted to have annual expenditures totaling $444,384,250. In FY 2026/27, the category projected to have the largest expenditures is the Public Safety category with $151,311,000 in expenditures. For the five-year period beginning in fiscal year 2021/22 and ending in fiscal year 2026/27, the County's expenditures are forecast to decrease by 16.53%. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 34 253 Comprehensive Plan Capital Improvements Element Table 6.11: Indian River County Overall General Expenditures Projection Summary FY 2022/23 2023/24 2024/25 2025/26 2026/27 General Gov't. Services $85,889,401 $86,615,000 $84,730,000 $78,641,000 $80,600,000 Public Safety $144,618,275 $140,587,000 $140,403,000 $142,385,000 $151,311,000 Physical Environment $98,721,694 $105,801,663 $90,426,000 $86,333,187 $86,956,000 Transportation $97,625,201 $65,975,097 $69,449,607 $51,227,147 $41,938,000 Economic Environment $513,866 $527,000 $540,000 $554,000 $568,000 Human Services $12,847,798 $13,169,000 $13,498,000 $13,835,000 $14,181,000 Culture/Recreation $33,141,501 $39,203,000 $23,973,000 $25,471,000 $26,183,000 Debt Service $482,750 $486,750 $484,750 $487,000 $483,250 Other $58,327,628 S41,136,000 $50,142,000 $59 786,000 $42,164,000 TOTAL $532,168,114 1 $493,500,510 $473,646,357 $458,719,334 S474,689,536 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 2022/23 through 2026/27. 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. Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 35 254 Comprehensive Plan Capital Improvements Element Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste Fiscal Year Potable Water & Sanitary Sewer Solid Waste 2022/23 $62,523,219 $31,142,998 2023/24 $63,811,663 $35,522,000 2024/25 $65,437,000 $25,684,000 2025/26 $57,642,187 $25,916,000 2026/27 $59,215,000 $24,442,000 Source: Indian River County Office of Management and Budget. Table 6.12 shows that, in FY 2026/27, the forecast expenses for potable water and sanitary sewer services are expected to be $59,215,000. That is a decrease of 5.29% from the FY 2022/23 forecast expenses of $62,523,219. Table 6.12 also shows that, in FY 2026/27, the projected expenses for solid waste services are expected to be $24,442,000. That is a decrease of 21.52% from the FY 2022/23 projected figure of $31,142,998. Oneratint! Cost Proiections Table 6.13 provides forecasts of overall operating costs for the County for fiscal years 2022/23 through 2026/27. In fiscal year 2026/27, the County is forecast to incur approximately $444,384,250 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to decrease 16.5% between 2022/23 and 2026/27. Table 6.13: Indian River ountv Overall Operating Cost Pro'ections Fiscal Year Total Operating Costs 2022/23 $532,168,114 2023/24 $493,500,510 2024/25 $473,646,357 2025/26 $458,719,334 2026/27 $444,384,250 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. 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 36 255 Comprehensive Plan Capital Improvements Element for 10, 20, and 30 years. As table 6.14 indicates, the County's available bonding capacity for a 10 year issue is $315,700,000 while its bonding capacity for a 30 year issue is $793,300,000. Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 2.55%) Twenty Years (Bond Interest Rate 3.10%3.2% Thirty Years (Bond Interest Rate @ Half Cent Sales Tax $127,500,000 $235,200,000 $330,400,000 Gas Taxes $54,900,000 $92,700,000 $120,100,000 Tourist Tax $34,300,000 $63,200,000 $88,800,000 County Revenue Program First Guaranteed Entitlement $1,800,000 $3,000,000 $3,900,000 County Revenue Program Second Guaranteed Entitlement $3,700,000 $6,300,000 1 $8,100,000 Sub -Total $222,200,000 $400,000,000 $551,300,000 Possible Pledge Sources Franchise Fees $48,400,000 $89,200,000 $125,300,000 Road Impact Fees $45,100,000 $83,100,000 $116,700,000 Sub -Total $93,500,000 $172,300,000 $242,000,000 TOTAL $315,700,000 $572,700,000 $793,300,000 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 debt is for spring training facility revenue bonds. Community Development Department Adopted December 2022, Ordinance 2022 - Indian River County 37 256 Comprehensive Plan Capital Improvements Element FY Ending Spring Training Facility Revenue Bonds 2001 Series 4.87% $16,810,000 2022 Interest $178,000 Principal $305,000 Total $483,000 Balance $3,255,000 2023 Interest $162,750 Prin ' $320,000 Total $482,750 Balance $2,935,000 2024 Interest $146,750 Prin ' $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 $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 Balance $635,000 2030 Interest $31,750 Princi al $455,000 Total $486,750 Balance $180000 2031 Interest $9,000 Principal $180,000 Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 38 257 Comprehensive Plan Capital Improvements Element FY Ending Spring Training Facility Revenue Bonds 2001 Series 4.87% $16,810,000 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 2022/23 and ending in FY 2026/27. 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 2026/27. As shown in Table 6.7, the County will generate $2,402,418,565 in revenues from general funds, enterprise funds, and internal funds from fiscal year 2022/23 to fiscal year 2026/27. 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 $2,402,418,565. 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 $444,384,250 for the next five fiscal years. This is 18.49% of the overall general fund revenues for the same time period. 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 39 258 Comprehensive Plan Capital Improvements Element 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 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 accommodated over time Peak Season/Peak Direction/Peak Hour Trips Affected Roadways Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 40 259 Comprehensive Plan Capital Improvements Element Table 6.16: Service Level Measures for Concurrency Related Facilities Public Facility Category Specific Facility Capacity Measure Demand Measure Geographic Scope 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 Land -ill Volume in active cell (cubic Generation Rate (tons per Entire Canty yards) capita per year) Recreation Parks Acres of park land Acres of parks per thousand Entire County population Stormwater Management Drainage Volume of water Volume of stormwater Basin 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. 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, Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 41 260 Comprehensive Plan Capital Improvements Element 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. 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 42 261 Comprehensive Plan Capital Improvements Element 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: 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 Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 43 262 Comprehensive Plan Capital Improvements Element 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 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 44 263 Comprehensive Plan Capital Improvements Element 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. Regulation Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 45 264 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 46 265 Comprehensive Plan Capital Improvements Element 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) _ (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) Dramge Volume of stormwater Drainage Volume Existing flows allowed to outfall for (TotalCapacity) - (Existing conveyanyces approved DO's Demand) - (Committed Demand) Public Permanent Student Annual Enrollment Students estimated from approved residential (Total Capacity) - (Existing Education Schools( -12) Stations (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 from those units/projects, subtract estimated demand for those units/projects for committed demand once existing demand is updated Planning Ongoing Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 47 266 Comprehensive Plan Capital Improvements Element 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 2027, 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 48 267 Comprehensive Plan Capital Improvements Element 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 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 49 268 Comprehensive Plan Capital Improvements Element 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. Policy 1.12: The county hereby adopts the 2022-2023 through 2026-2027 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 HiLh 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. Polio: 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. Policy 2.3: The county shall make appropriations for infrastructure in coastal high hazard areas only to maintain the adopted level -of -service standards. Policy 2A 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 50 269 Comprehensive Plan Capital Improvements Element Obiective 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 51 270 Comprehensive Plan Capital Improvements Element By 2027, 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 52 271 Comprehensive Plan Capital Improvements Element ➢ 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: Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 53 272 Comprehensive Plan Capital Improvements Element ➢ 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 ➢ 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): Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 54 273 Comprehensive Plan Capital Improvements Element ➢ 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 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 .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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 55 274 Comprehensive Plan Capital Improvements Element Policy 5A 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. Policy 5.5: 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. Policy 5.7: 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. Policy 5.10: 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; Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 56 275 Comprehensive Plan Capital Improvements Element ➢ 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 57 276 Comprehensive Plan Capital Improvements Element 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 Maintain density and intensity levels of current FLU Map PD Ongoing No 2.3 Budget management AppropriateCounty 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 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 g g Yes Community Development Department Adopted December _, 2022, Ordinance 2022 - Indian River County 58 277 Comprehensive Plan Capital Improvements Element 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 Governments in IRC Ongoing No 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/ preps priate County Ongoing No D s 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 CountyDepartments 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 Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 59 278 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County Adopted December _, 2022, Ordinance 2022- 60 279 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County 61 Adopted December _, 2022, Ordinance 2022 280 TABLE OF CONTENTS Listof Figures .................................................................................................................................. ii Listof Tables................................................................................................................................... iii Introduction..................................................................................................................................... I ExistingConditions.......................................................................................................................... 2 FinancialResources...........................................................................................................................2 Expenditures....................................................................................................................................19 ExistingOutstanding Debt.............................................................................. Local Policies and Practices.............................................................................................................24 Analysis.......................................................................................................................................... 27 Analysis of the Timing and Location of Capital Improvements.......................................................27 NeedsAssessment............................................................................................................................32 FiscalAssessment............................................................................................................................ 34 Fiscal Assessment Summary ............................................................................................................39 Concurrency Management Plan...................................................................................................... 39 ProjectApplicability ........................................................................................................................40 ServiceStandards.............................................................................................................................40 Demand............................................................................................................................................ 41 Availabilityof Capacity................................................................................................................... 43 Regulation........................................................................................................................................ 46 MonitoringSystem...........................................................................................................................46 Applicability..................................................................................................................................... 47 Goal, Objectives and Policies......................................................................................................... 48 Implementation, Evaluation, and Monitoring.................................................................................. 57 Implementation................................................................................................................................57 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 of Indian River County Capital Improvements Schedule .................... C APPENDIX D: School District of Indian River County Summary of Estimated Revenue ................... D Community Development Department Adopted December 13, 2022, Ordinance 2022- i Indian River County 281 List of Figures Figure Title Page Figure 6.1,4d Valorem Taxes (Property Taxes)............................................................................. 3 Figure6.2 Enterprise Funds.......................:,................................................................................... 3 Figure 6.3 User Fees and Charges................................................................................................. 4 Figure 6.4 Special Assessments...............:.....................................:....................................:....:...... 4 Figure 6.5 Impact Fees ................................... .................................:........................................ ...... 5 Figure 6.6 Local Discretionary Sales Surtax ..................................................... I........................... 6 Figure 6.7 Tourist Development Tax........................................,. ................................. ...... 7 Figure 6.8 Local Option Fuel Tax ............................ .......................... ..................... 10 Figure 6.9 Franchise Fee/Tax....................................... :.................................. ;:.:......................... 11 Figure 6.10 Local Government Half -Cent Sales Tax....................:..,...............,........................... 14 Figure 6.11 County Revenue Sharing ........ ................. :....:.............................. .............................. 15 Figure 6.12 Constitutional Fuel Tax............................::............................................................... 15 Figure6.13 County Fuel Tax........................................................................................................ 16 Figure 6.14 Alcoholic Beverage License Tax.................................................:;,,..:..,.................... 16 Figure 6.15 Mobile Home License Tax ........................................ ........................... ....... 17 Figure 6.17 General Government Expenditures by Function ...........:........................................... 21 Figure 6.18 Future Capital Improvements Expenditure..................................::.,.„.......................33 Community Development Department Adopted December 13, 2022, Ordinance 2022 - ii Indian River County 282 List of Tables ........................................................................................................................................................... Table Title Page Table 6.2: Optional Tourist Taxes on Transient Rental Facilities ................................................. 9 Table 6.3: Local Fuel Tax Rates.................................................................................................. 11 Table 6.4: Indian River County General Revenues By Source ..................................................... 18 Table 6.5: Indian River County General Government Expenditures By Function ....................... 20 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 &.................... 33 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 ........................................ 36 Table 6.14: Indian River County Estimated Ability to Raise Bonds Without A Public Vote........ 36 Table 6.15 Indian River County Bond Schedule........................................................................... 37 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 ............................................. 58 Table 6.20: Capital Improvements Element Evaluation Matrix ................................................... 60 Community Development Department Adopted December 13, 2022, Ordinance 2022 - iii Indian River County 283 Comprehensive Plan Capital Improvements Element 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 ofthis 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 1 284 Comprehensive Plan Capital Improvements Element 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 2020/21. 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 December 13, 2022, Ordinance 2022 - Indian River County 2 285 Table 6.1: Indian River County Revenue Sources (FY 2020/21) 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 $31,231 9.52% Local Government Half -Cent Sales Tax $12,009 3.66% Ad Valorem Taxes $115,595 35.23% Total Federal $31,231 9.52% County Revenue Sharing $4,417 1.35% Enterprise Funds $63,763 19.43% Constitutional Fuel $1,812 0.55% User Fees and $19,581 5.97% Tax Charges $797 0.24% $488 0.15% County Fuel Tax Special Assessments Alcoholic Beverage license Tax $70 0.02% Impact Fees $12,239 3.73% Distribution of $447 0.14% $22,079 6.73% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $107 0.03% $3,623 1.100/0 Mobile Home Tourist Development license Tax Tax $10,595 3.23% $3,563 1.09% Various Grants Local Option Fuel Tax Total State $30,254 9.22% Franchise Tax $9,463 2.88% $626 0.19% Interest Income $15,641 4.77% Other $266,661 81.26% Total Local $328,146 100.00% Total All Sources Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 2 285 Comprehensive Plan Capital Improvements Element 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 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 2020/21, Indian River County imposed an aggregate millage rate of 6.1286. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Table 6.1 shows that, in FY 2020/21, Indian River County collected approximately $115,595 in ad valorem taxes. In FY 2020/21, ad valorem taxes represented 35.23% 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 2015/16. The increase relates to a continually improving housing and property market. • Enterprise Funds 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, Figure 6.2: Enterprise Fund Reserve by FY 570,000 j sso,000 sr 550,000 s40,000 530,000 s20,000 S*000 so 15116 1617 17118 18/15 19120 2021 Source. Indian River County Finance Department 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. Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 3 286 Comprehensive Plan Capital Improvements Element Table 6.1 shows that enterprise fund revenue represented 19.43% of Indian River County's total funds for FY 2020/21. 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 24.85%. • 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 Sheriffs 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. Figure 6.3: User Fees and Charges by FY $25,000 $20,000 519,581 o ,133 ,517,370 S15,533 $ $15,000 $10,000 $5,000 15/16 16/17 17/18 18/19 19/20 20/21 ■ Revenue (in thousands) Source: Indian River County Finance Department In FY 2020/21, user fees and charges represented 5.97% of all funds collected by Indian River County. 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 increased by 26.06%. • 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 Figure 6.4: Special Assessments Revenue by FY $580 5562 $560 4555 $540 `'536 $551 $520 $508 $500 $ass $480 $460 $440 15116 16/17 17/18 18!19 19120 20/21 •Revenue (in thousands) Source: Indian River County Finance Department Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 4 287 Comprehensive Plan Capital Improvements Element assessment revenue are restricted to public improvement 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 0.15% of county funds for FY 2020/21. 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 decreased by 8.96%. 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, educational facilities, 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 5 288 Figure 6.5: Impact Fee Revenue by FY $14,000 — — — St2.239 $12,000 $10,000 $8,000 57,245 57,597 ST,5t)1 Ss,2s2 $s,704 $6,000 $4,000 $2,000 $_ 15116 16117 17/18 18/19 19/20 20/21 wRevenue (in thousands) Source: Indian River County Finance Department 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 5 288 Comprehensive Plan Capital Improvements Element 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 correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than twelve million dollars of impact fee revenue was collected in FY 2020/21. This is over four and half million dollars more than what was collected in FY 2019/20.. During the past six years revenue from impact fees have increased 95.45%. • 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 $5,000. According to state law, Indian River County is eligible to impose a Local I suiro GJ$: U aml 11)K ,iroliio neiry 18x1€ ; �uurr Ib� I. Vit' S11.1104 �l,U/13 sia,iva. i18.W) . ;it:,c>txt t1l1,tf1111 lei X) - 1.'!it> it:/i l 17l1tI 1011) 19m) p4m *34pino"., (in 1wxjsa n&) :SiN. rce. Indian I wr CouritjT {FIrY;iryt:r! i1r+Ii;iri:rlYQhl: Government Infrastructure Surtax of either 0.5% or 1.0%. Currently, Indian River County imposes the 1.0% Infrastructure Surtax. 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 6.73% of all funds collected by Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 6 289 Comprehensive Plan Capital Improvements Element Indian River County in FY 2020/21. 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 30.96% 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. 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 Figure 6.7: Tourist Development Tax Revenue by FY $4,000 ---^ - $3.623 $3,500 53.osa $3,000 $2 st8 $2.719 $2,433 $2,500 $2,000 $1,500 $1,000 $500 15/16 16117 17118 18!19 19/20 20121 Wevenue (n thousands) Source: Indian RiverCounty Finance Department professional sports franchise facility tax may be authorized by a majority vote ofthe governing board of the county, while the second one percent tax must be authorized by a majority plus one vote ofthe 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 7 290 Comprehensive Plan Capital Improvements Element tax. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 8 291 Comprehensive Plan Capital Improvements Element 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 Tax Franchise Sports Le vy Facility Tax Franchise Tax 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% 1.000/0 ---------- --------- 5.00% 3.00% Palm Beach 2.00% 1.000/0 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 2022 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; Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 9 292 Comprehensive Plan Capital Improvements Element (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; (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 ofthe 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 2015/16, Tourist Development Tax revenue has increased 48.91%. ➢ 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 1.09% of all funds collected by Indian River County for FY 2020/21. Figure 6.8 shows the local option fuel tax revenue received by Indian River County. Since FY 2015/16 local option fuel tax revenue has decreased by 0.3%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December 13, 2022, Ordinance 2022- Indian River County 10 293 Figure 6.8: local Option Fuel Tax Revenue by FY $3,900 A $3,800 - $3,700 - $3,600 - $3,500 1 ■ ■ ■ 1 $3,400 - $3,300 - $3,200 -1 —, 15/16 16117 17!18 18i19 1920 20/21 ERevenue (in thousands) Source: Indian River County Finance Department 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 1.09% of all funds collected by Indian River County for FY 2020/21. Figure 6.8 shows the local option fuel tax revenue received by Indian River County. Since FY 2015/16 local option fuel tax revenue has decreased by 0.3%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December 13, 2022, Ordinance 2022- Indian River County 10 293 A 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 1.09% of all funds collected by Indian River County for FY 2020/21. Figure 6.8 shows the local option fuel tax revenue received by Indian River County. Since FY 2015/16 local option fuel tax revenue has decreased by 0.3%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December 13, 2022, Ordinance 2022- Indian River County 10 293 Comprehensive Plan Capital Improvements Element 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 $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 2022. 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 a franchise revenue from electric, water, sewer, garbage, and cable television franchises. an Table 6.1 shows that franchise fee revenue represented 2.88% of all funds collected by Indian River County in FY 2020/21. Figure 6.9 shows that since FY 2015/16 franchise Community Development Department Adopted December 13, 2022, Ordinance 2022- the utility provider. Indian River County receives Figure 6.9: Franchise Fee/Tax Revenue $9,500 by $9 F $9.463 $9,400 $9,300 $9,274 $9,200 $9,130 $9.124 $9,100 $9.005 $9,000 $8,900 $8,800 $8,700 15116 16/17 17/18 18/19 19/20 20/21.2 94 ■Revenue (h thousands) Source: Indian River County Finance Department Comprehensive Plan Capital Improvements Element fee revenue collected by Indian River County increased by 2.04%. 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 4.77% of all funds collected in FY 2020/21. 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. 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 12 295 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 13 296 Comprehensive Plan Capital Improvements Element 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. 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. 0 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 b the count In FY 2020/21 Figure 6.10: Half Cent Sales Tax $14000 Revenue by FY $12,000 IMMMI $10,000 Vim $8,000 $6,000 $4,000 $2,000 15/16 16/17 17/18 18!19 19120 20/21 MRevenue (in thousands) Source: Indian River County Finance Department y J Indian River County received $12,009,000 through the half -cent sales tax. As shown in Table 6. 1, that amount represented 3.66% of all funds collected by Indian River County during the 2020/21 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 by 32.78% between Fiscal Year 2015/20 and Fiscal Year 2020/21. 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 14 297 1 y J Indian River County received $12,009,000 through the half -cent sales tax. As shown in Table 6. 1, that amount represented 3.66% of all funds collected by Indian River County during the 2020/21 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 by 32.78% between Fiscal Year 2015/20 and Fiscal Year 2020/21. 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 14 297 Comprehensive Plan Capital Improvements Element 0 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 $5,000 Sharing by FY $4,500 54.417 54.011 $3,431 $4,000 $3.601 $3'747 53.772 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- 15116 16/17 17x18 18119 19/20 20121 ■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 1.35% of all funds collected by Indian River County in FY 2020/21. Figure 6.11 shows that, between Fiscal Year 2015/16 and 2020/21, Indian River County's revenue from revenue sharing increased by 28.74. • 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. Community Development Department Adopted December 13, 2022, Ordinance 2022 - FIGURE 6.12: Constitutional Fuel Tax $1,950 Revenue by FY $1,916 $1,900 51,853 $1,850 $1,814 $1,812 $1,800 $1,766 $1,750 $1,707 $1,700 $1,650 $1,600 15116 16/17 17/18 18/19 19/20 20/2/298 ■Revenue (in thousands) Source: Indian River County Finance Department Comprehensive Plan Capital Improvements Element 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 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 0.55% of total revenue received by Indian River County in FY 2020/21. Figure 6.12 shows that, over the last six fiscal years, constitutional fuel tax revenue received by Indian River County increased by 2.6%. 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 ofbond indebtedness incurred for transportation purposes. Table 6.1 shows that funds received through the county fuel tax levy represented 0.24% of all revenue collected by Indian River County in FY 2020/21. Figure 6.13 shows that, over the last six fiscal years, county fuel tax revenue received by Indian River County increased 1.78%. but decreased significantly from FY 2018/19 to FY 2019/20. 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 Community Development Department Adopted December 13, 2022, Ordinance 2022 - Figure 6.14: Alcoholic Beverage License Tax by FY $72 470 $70 Ss9 $68 466 $66 S65 $64 463 $62 $60 459 $58 $56 $54 $52 15116 16117 17118 18119 19120 20/21 ■Revenue (in thousan299 Source: Indian River County Finance Department G��7 Comprehensive Plan Capital Improvements Element 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. Table 6.1 shows that the county received approximately $70,000 from this tax in FY 2020/21, 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 2020/21. 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 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 Figure 6.15: Mobile Home License Tax $112 Revenue by FY $110 $108 $106 $104 $102 $100 $98 15/16 16117 17/18 18119 19/20 20/21 NRwenue (in thousands) Source: Indian RiverCounty Finance Department 0I11 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. Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 17 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. Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 17 Comprehensive Plan Capital Improvements Element Table 6.1 shows that funds received through the mobile home license tax represented 0.03% of all revenue received by Indian River County in FY 2020/21. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 2015/16 and FY 2020/21. Various Grants Table 6.1 shows that funds received in the form of state grants represented 3.23% of funds received by the county in FY 2020/21. 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 2020/21 the county received approximately $31,231,000 in federal funds. Those funds represented 9.52% of all funds received by Indian River County in FY 2020/21. 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 2015/16 through 2020/21. 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 2015/16 $109,101,602 $19,872,044 $33,535,027 $62,868,855 $1,708,273 $10,591,490 $237,677,291 2016/17 $115,774,419 $19,558,052 $31,587,431 $64,685,312 $1,680,464 $9,058,093 $242,343,771 2017/18 $125,723,036 $22,425,960 $37,168,177 $67,769,381 $1,739,585 $17,885,999 $272,712,138 2018/19 $ 132,706,277.0 $18,510,569.0 $279,189,995. 00 2019/20 $141,010,151. $21,463,368.00 $33,940,616.00 $71,654,810.00 $1,413,528.00 $16,166,807.0 $285,649,280. 00 0 00 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 18 301 Comprehensive Plan Capital Improvements Element 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 2020/21 $146,300,990. $27,700,912.00 $63,146,834.00 $78,137,077.00 $2,174,438.00 $10685,356.0 $328,145,607. , 00 0 00 Source: Indian River County Finance Department. Figure 6.16: Distribution of General Revenues By Category 2016 4.46% 45.90% 0.72% 14.11% 8.36% 26.45% 2019 2017 47.77% 3.74% 8.07% 0.699'0 13.03% 26.69% 2020 2018 6-56Q0 46.109b 0.64°'0 8 229b 13-63% 24.85% 2021 47.53% 46.10% 8.22% 44,58% 8.44% 13.63% 6 63°0 326% 0.78°'0 1 L8196 6.56% 24.85% 0.66%' 2546% 0.6490 21817%7 19.24% •Taxes aLicenses & Penrits olntergovemmenta! Revenue oCharges for Services ■Fines& Forfeitures aMiscelmeous Revenues 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. Expenditures 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 2015/16 through 2020/21. Community Development Department Adopted December 13, 2022, Ordinance 2022- Indian River County 19 302 Comprehensive Plan Capital Improvements Element Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2015/16 2016/17 2018/19 2019/20 2020/21 General Govemment $23,028,473 $29,456,693 ;$3$28,825,668 $30,964,357 $43,454,745 Public Safety $81,251,970 $89,841,802 q,634 $94,683,976 $102,163,713 110,383,649 Physical Environment $49,148,815 $55,578,221 $65,665,032 $62,467,257 $62,006,788 Transportation $30,991,899 $29,314,242 $31,359,379 $31,224,861 $35,037,602 $32,328,979 Economic Environment $424,593 $437,031 $426,085 $469,565 $510,010 $847,483 Human Services $7,868,392 $8,116,910 $9,302,125 $9,511,279 $11,662,394 $21,933,645 Culture/Recreation $24,240,179 $15,891,840 $14,980,225 $21,638,673 $26,222,358 $28,541,061 Court Related $6,605,682 $6,755,050 $6,540,045 $7,187,297 $6,536,101 $7,752,380 Debt Service $5,215,007 $5,230,520 $5,270,153 $6,179,835 $7,887,367 $491,006 TOTAL $228,775,010 $240,622,309 $250,522,778 $265,386,186 $283,451,158 9 $307,739,736 Source: Indian River County Comprehensive Annual Financial Report 2018/19 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 2016 35.5% 21.5% 10.1% 2.3°% 3.4%.0.2% 13.540 2.9% 10.6°% 2019 36.0% 24.5% 11.84, 0.2% 10.94b 2.3% 2.7% 3.6% 8.2% 2017 37.3% 12.2% 2.2%. 23.1% 2.8% 0.2% 12.2% 6.6% 3.4% 36.0% 2020 22.0% 12.4% 0.2% 4.1% 10.9% 2.8itl% 2.3% 9.3% 2018 37.0% 12.2% 2.1% 23.7% 2.6% 6.0% 0.2% 12.5% 3.713% 35.9% 2021 20.1% 141% 0.2% 9.3% 7.1% 0.3% 10.5% 2.5% m Geeewal Gao mmmt ■ PdAc Safrly ❑ Physical EMVkUMW d ®Tianspoffhalim ■ Econanrc Ew imrncfft ■ 1 knim SeNices SCukun5ffbWnMdM m Can[ Rimed o Def Service Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 20 303 Comprehensive Plan Capital Improvements Element 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, $43,454,745 was spent on general government services in FY 2020/21. Between fiscal years 2015/16 and 2020/21, general government expenditures increased by 88.7%. In FY 2020/21, general government services represented 14.12% 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 2020/21, spent $110,383,649 for public safety services. Since FY 2015/16, public safety expenditures have increased by 35.85%. Public safety represented 35.87% of all county expenses in FY 2020/21. 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 $62,006,788 was spent on these activities in FY 2020/21. Since FY 2015/16, physical environment expenditures have increased by 26.16%. Physical environment services represented 20.15% of all county expenses in FY 2020/21. 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 $32,328,979 on transportation facilities in FY 2020/21. Since FY 2015/16, transportation expenditures have increased by 4.31 %. Transportation expenses represented 10.5% of all county expenses in FY 2020/21. Economic Environment Included in the economic environment category are the costs of providing services which develop Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 21 304 Comprehensive Plan Capital Improvements Element 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 $847,483 was spent on economic environment services in FY 2020/21. Since FY 2015/16, economic environment expenditures have increased by 99.59%. Economic environment expenses represented 0.28% of all county expenses in FY2020/21. 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 $21,933,645 on human services in FY 2020/21. Since FY 2015/16, human services expenditures have increased by 178.76%. Human Services represented 7.13% of all county expenses in FY 2020/21. 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 $28,541,061 on those services in FY 2020/21. Since FY 2015/16, cultural/recreation expenditures have increased by 17.74%. Culture/recreation expenses represented 9.27% of all County expenses in FY 2020/21. 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 $7,752,380 in FY 2020/21. Between fiscal years 2015/16 and 2020/21, Court Related expenditures increased by 17.36%. Court Related costs represented 2.52% of all county expenses in FY 2020/21. Debt Service Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 22 305 Comprehensive Plan Capital Improvements Element 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 $491,006 in FY 2020/21. Since FY 2015/16, debt service expenditures have decreased by 90.58%. Debt service expenses represented 0.16% of all County expenses in FY 2020/21. Existing Outstanding Debt At the end of FY 2020/21, Indian River County's outstanding debt, comprised of revenue bonds and general obligation bonds, stood at $3,255,000. That is shown in table 6.6. . 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 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 Initial Amount Amount Remaining na 09/30/2021 Average Interest Rate Final Maturity Bond Rating Security Pledge Water & Sewer Revenue Bonds: 2015 Series $7,171,000 $0 1.65% 2022 N/A Water & Sewer Revenues Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $3,255,000 4.87% 2031 AAA/FGIC State Funds & Tourist Talc Total Bonds Outstanding $3,255,000 Source: Indian River County Budget 2021/22. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 23 306 Comprehensive Plan Capital Improvements Element 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) • 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 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 24 307 Comprehensive Plan Capital Improvements Element ➢ 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 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%: • 27'h Ave — South County Line to SR 60 ;IS/Florida 43rd Ave - Oslo Road to 16t' Street For 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). Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 25 Kill] Comprehensive Plan Capital Improvements Element 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: 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 26 309 Comprehensive Plan Capital Improvements Element 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 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 27 310 Comprehensive Plan Capital Improvements Element 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. 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 CII' 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 28 311 Comprehensive Plan Capital Improvements Element 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 2025/26, 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 ofprofessionally 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 2022/23 through 2026/27. 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 2022/23 through 2026/27. Those revenues include the County's generalgovernmental funds, enterprise funds, and internal funds. As table 6.7 shows, general revenue collected by the County is forecast to decrease from fiscal year 2022/23 to fiscal year 2026/27 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. 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL Taxes $173,718,853 $178,062,000 $182,514,000 $187,077,000 $191,754,000 $913,125,853 Permits, Fees & $42,870,973 $43,943,000 $45,042,000 $46,168,000 $47,322,000 $225,345,973 Special Assess. Intergovern- $35,043,679 $43,019,000 $44,094,000$45,196,000 $38,681,000 $184,200,679 went Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 29 312 Comprehensive Plan Capital Improvements Element Table 6.7: Overall General Revenue Projection Summary FY 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL Charges for Services $101,672,615 $104,214,000 $106,819,000 $109,489,000 $112,226,000 $534,420,615 Judgements, Fines & Forfeitures $524,870 $538,000 $551,000 $565,000 $579,000 $2,757,870 Interest & Misc. $9,685,914 $9,928,000 $10,176,000 $10,430,000 $10,691,000 $50,910,914 Other Sources $168,651,210 $120,895,510 $91,726,357 $67,252,334 $43,131,250 $491,656,661 TOTAL $532,168,114 1 $493,500,510 1 $473,646,357 1 $458,7195334 $444,384,250 $2,402,418,565 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 2022/23 through 2026/27. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Earmarked forecasted transportation revenues are expected to increase by 6.77% over the next five fiscal years, from $34,457,000 in FY 2022/23 to $36,790,508in FY 2026/27. For potable water and sanitary sewer, earmarked revenue is expected to increase by 10.28% over the next five fiscal years, from $42,457,116 in FY 2022/23 to $46,865,000 in FY 2026/27. Over the next five years, earmarked revenue for solid waste is expected to increase by 10.38% from $22,142,998 in FY 2022/23 to $24,442,000 in FY 2026/27. 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 Total Sewer Tax sales tax 2022/23 $$3,500,00 0 $1,825,000 1 $795,000 $6,310,000 $22,000,000 $27,000 $34,457,000 $42,457,116 $22,142,998 2023/24 $3,500,000 $1,825,000 $795,000 $6,310,000 22,000,000 $27,000 $32,270,140 $35,023,,000 $22,697,000 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 30 313 Comprehensive Plan Capital Improvements Element Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Fiscal Year Transportation Potable Emergency Services District Local Constitution County Traffic 1 cent Interest on 2022/23 Fiscal Year Water & Sanitary Solid Waste 1.1506 Option Gas al Gas Tax Gas Tax Impact Fee optional Gas Tax Total Sewer 2.3531 2024/25 Tax 3.5475 $13,806,252,719 1.1506 sales tax 2.3531 2025/26 $25,520,426,861 $26,286,039,667 3.5475 3.5475 2024/25 1.1506 1.1506 $21,039,833,804 $21,671,028,818 2.3531 2.3531 2026/27 $3,500,000 $1,825,000 $795,000 1 $6,565,000 $22,888,800 $27,000 $35,600,800 $44,607,000 $23,264,000 2025/26 $3,500,000 $1,825,000 $795,000 $6,696,000 $23,346,576 $27,000 $36,189,576 $45,722,000 $23,846,000 2026/27 $3,500,000 1 $1,825,000 1 $795,000 $6,830,000 $23,813,000 $27,000 $36,790,508 $46,865,000 $24,442,000 Source: Indian River County Office of Management and Budget. • Tax Base, Assessment Ratio, Millage Rate Table 6.9 summarizes the county's tax base forecasts which are categorized by fund through FY 2026/27. Overall, the countywide ad valorem tax base is the same as the general fund category identified in table 6.9. Table 6.9: Indian River County Tax Base and Millage Projections Fiscal Year General Fund M.S.T.U. Emergency Services District Tax Base Millage Tax Base Millage Tax Base Millage 2022/23 $23,354,805,784 3.5475 $13,013,717,333 1.1506 $$19,254,428,420 2.3531 2023/24 $24,055,449,958 3.5475 $13,404,128,853 1.1506 $19,832,061,273 2.3531 2024/25 $24,777,113,457 3.5475 $13,806,252,719 1.1506 $20,427,023,111 2.3531 2025/26 $25,520,426,861 $26,286,039,667 3.5475 3.5475 $14,220,440,301 $14,647,053,510 1.1506 1.1506 $21,039,833,804 $21,671,028,818 2.3531 2.3531 2026/27 Sauce: 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 31 314 Comprehensive Plan Capital Improvements Element Overall, County revenue sources except "Other Sources" are expected to increase at a total rate of 10.38% from 2022/23 through Fiscal Year 2026/27 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, 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 2026/27 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 32 315 Comprehensive Plan Capital Improvements Element 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 2022/23 2023/24 2024/25 2025/26 2026/27 Total Coastal Management $0 $12,500,000 $0 $0 $200,000 $12,700,000 Conservation & Aquifer Recharge $5,108,500 $2,090,000 $1,640,000 $3,250,000 $2,515,000 $14,568,500 Emergency Services $10,229,198 $7,550,000 $5,340,000 $3,675,000 $8,977,000 $35,771,198 General Services/Facilities Management $13,118,317 $12,025,000 $8,275,000 $275,000 $275,000 S33,968,317 Law Enforcement & Corrections $8,499,785 $4,000,000 $2,800,000 $3,140,000 $3,375,000 $21,814,785 Recreation & Open Space $12,275,590 $5,315,000 $2,050,000 $3,000,000 $2,950,000 $25,590,590 Sanitary Sewer & Potable Water $20,066,103 $20,292,663 $20,860,000 $11,920,187 $12,350,000 $85,458,953 Solid Waste $9,000,000 $12,825,000 $2,420,000 $2,070,000 $0 $26,315,000 Stormwater Management $2,406,331 $6,900,000 $250,000 $2,300,000 $3,500,000 $15,356,331 Transportation $74,212,001 $41,976,097 $44,850,607 $26,013,147 $16,094,000 $203,145,852 Total $154,915,825 $125,473,760 $88,455,607 $55,608,334 $50,236,000 $474,689,526 Public School Facilities* $26,402,785 $17,329,027 $19,036,515 $22,359,981 $23,838,256 $108,966,564 *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 $474,689,526 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 33 316 Comprehensive Plan Capital Improvements Element 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 2026/27 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. Source: Indian River County Office of Management and Budget. Fiscal Assessment 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 Table 6.11 shows the County's projected expenditures for fiscal years 2022/23 through 2026/27. By fiscal year 2026/27, the County is forecasted to have annual expenditures totaling $444,384,250. In FY 20256/27, the category projected to have the largest expenditures is the Public Safety category with $151,311,000 in expenditures. For the five-year period beginning in fiscal year 2021/22 and ending in fiscal year 2026/27, the County's expenditures are forecast to decrease by 16.53%. Table 6.11: Indian River County Overall General Expenditures Projection Summary I Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 34 317 Comprehensive Plan Capital Improvements Element FY 2022/23 2023/24 2024/25 2025/26 2026/27 General Gov't Services 2023/24 $63,811,663 $35,522,000 2024/25 $65,437,000 $25,684,000 $85,889,401 $86,615,000 $84,730,000 $78,641,000 530,600,000 Public Safety $144,618,275 $140,587,000 $140,403,000 $142,385,000 $151,311,000 Physical Environment $98,721,694 $105,801,663 $90,426,000 $86,333,187 $86,956,000 Transportation $97,625,201 $65,975,097 $69,449,607 $51,227,147 $41,938,000 Economic Environment $513,866 $527,000 $540,000 $554,000 $568,000 Human Services $12,847,798 $13,169,000 $13,498,000 $13,835,000 $14181,000 Culture/Recreation $33,141,501 $39,203,000 $23,973,000 $25,471,000 $26,183,000 Debt Service $482,750 $486,750 $484,750 $487,000 $483,250 Other $58,327,628 $41,136,000 $50,142,000 $59,786,000 $42,164,000 TOTAL $532,168,114 $493,500,510 $473,646,357 $458,719,334 S444.384-250 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 2022/23 through 2026/27. 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. Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste Fiscal Year Potable Water & Sanitary Sewer Solid Waste 2022/23 $62,523,219 $31,142,998 2023/24 $63,811,663 $35,522,000 2024/25 $65,437,000 $25,684,000 2025/26 $57,642,187 $25,916,000 2026/27 1$59,215,000 $24,442,000 Source: Indian River County Office of Management and Budget. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 35 318 Comprehensive Plan Capital Improvements Element Table 6.12 shows that, in FY 2026/27, the forecast expenses for potable water and sanitary sewer services are expected to be $59,215,000. That is a decrease of 5.29% from the FY 2022/23 forecast expenses of $62,523,219. Table 6.12 also shows that, in FY 2026/27, the projected expenses for solid waste services are expected to be $24,442,000. That is a decrease of 21.52% from the FY 2022/23 projected figure of $31,142,998. Operating Cost Proiections Table 6.13 provides forecasts of overall operating costs for the County for fiscal years 2022/23 through 2026/27. In fiscal year 2026/27, the County is forecast to incur approximately $444,384,250 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to decrease 16.5% between 2022/23 and 2026/27. Table 6.13: Indian River ounty Overall Operating Cost Projections Fiscal Year Total Operating Costs 2022/23 $532,168,114 2023/24 $493,500,510 2024/25 $473,646,357 2025/26 $458,719,334 2026/27 $444,384,250 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. 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 $315,700,000 while its bonding capacity for a 30 year issue is $793,300,000. Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 2.550/. Twenty Years (Bond Interest Rate 3.10%) Thirty Years (Bond Interest Rate @ .20/6 Half Cent Sales Tax $127,500,000 $235,200,000 $330,400,000 Gas Taxes $54,900,000 $92,700,000 $120,100,000 Tourist Tax $34,300,000 $63,200,000 $88,800,000 County Revenue Program $1,800,000 $3,000,000 $3,900,000 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 36 319 Comprehensive Plan Capital Improvements Element Table 6.14: Indian River ounty Estimated AMU to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 2.55%) Twenty Years (Bond Interest Rate 3.10%) Thirty Years (Bond Interest Rate @ 3.20/. First Guaranteed Entitlement Refunding Bonds Revenue Bonds County Revenue Program Second Guaranteed Entitlement $3,700,000 $6,300,000 $8,100,000 Sub -Total $222,200,000 $400,000,000 $551,300,000 Possible Pledge Sources Franchise Fees $48,400,000 $89,200,000 $125,300,000 Road Impact Fees $45,100,000 $83,100,000 $116,700,000 Sub -Total $93,500,000 $172,300,000 $242,000,000 TOTAL $315,700,000 $572,700,000 $793,300,000 *Rates are comparable term AAA rated municipal bond yields as of 9/22/2021. 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 Water & Sewer Revenue Spring Training Facility FY Ending Refunding Bonds Revenue Bonds 2015 Series 1.65% 2001 Series 4.87% $7,171,000 $16,810,000 Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 37 320 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River CountyBond Schedule FY EndinF: g Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,171,000 2001 Series 4.87% $16,810,000 2022 Interest $17,721 $178,000 Principal $1,074,000 $305,000 Total $1,091,721 $483000 Balance $0 $3,255,000 2023 Interest $162,750 Princi al $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 $1,865,000 2027 Interest $93,250 Principal $390,000 Total $483,250 Balance $1,4752000 2028 Interest $73,750 Princi al $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 Princi al $455,000 Total $486,750 Balance $180,000 2031 Interest $9,000 Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 38 321 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,171,000 2001 Series 4.87% $16,810,000 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 2022/23 and ending in FY 2026/27. 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 2026/27. As shown in Table 6.7, the County will generate $2,402,418,565 in revenues from general funds, enterprise funds, and internal funds from fiscal year 2022/23 to fiscal year 2026/27. 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 $2,402,418,565. 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 $444,384,250 for the next five fiscal years. This is 18.49% of the overall general fund revenues for the same time period. 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 39 322 Comprehensive Plan Capital Improvements Element 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 ofthe 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 are addressed in detail, and existing capacities are identified in the applicable Comprehensive Plan Elements. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 40 323 Comprehensive Plan Capital Improvements Element 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 ant design capacity (GPD) Generation Rate (GPD) Service Area Potable Water Treatment Plant GPDent design capacity Generation Rate (GPD) Service Area Solid Waste Landfi11 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 thousand Entire County population Stormwater Management Drainage Volume of water Volume of stormwater Basin 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 ofthe 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 Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 41 324 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 42 325 Comprehensive Plan Capital Improvements Element 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. 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: Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 43 326 Comprehensive Plan Capital Improvements Element 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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 44 327 Comprehensive Plan Capital Improvements Element 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: Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 45 Comprehensive Plan Capital Improvements Element 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. Table 6.17: Monitoring System Design Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 46 329 Comprehensive Plan Capital Improvements Element Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities Compile quarterly ridership statistics for all fixed routes MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Peak season/ peak Annual count (average) Volume estimated from (Total Capacity) - (Existing Traffic Roadways direction/ peak (peak season/peak approved Development Demand) - (Committed Demand) Planning Ongoing hour (LOS D) direction/peak hour) Orders (DO) Add estimated demand for new projects to committed demand total upon issuance of DO 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 Annual Enrollment Students estimated from approved residential (TotalCapacity) - (Existing Education Schools(K-12) Stations (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 from those units/projects, subtract estimated demand for those units/projects for committed demand once existing demand is updated Planning Ongoing Applicability Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 47 330 Comprehensive Plan Capital Improvements Element 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 2027, 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 ofthe 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; Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 48 331 Comprehensive Plan Capital Improvements Element ➢ 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 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 49 332 Comprehensive Plan Capital Improvements Element 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. Policy 1.11: 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. Policy 1.12: The county hereby adopts the 2022-2023 through 2026-2027 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 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. Policy2.3: The county shall make appropriations for infrastructure in coastal high hazard areas only to maintain the adopted level -of -service standards. Policy 2A 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 50 333 Comprehensive Plan Capital Improvements Element 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 proj ect 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. Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 51 �Kll Comprehensive Plan Capital Improvements Element By 2027, 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 52 335 Comprehensive Plan Capital Improvements Element ➢ 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 `B" plus 20%. • 27t' Ave — South County Line to SR 60 • 43'd Ave — Oslo Road to 16"' 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: Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 53 336 Comprehensive Plan Capital Improvements Element ➢ 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 ➢ 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): Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 54 337 Comprehensive Plan Capital Improvements Element ➢ 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 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. 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 55 338 Comprehensive Plan Capital Improvements Element 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. Policy 5.5: 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. Policy 5.7: 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. Policy 5.10: 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; Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 56 339 Comprehensive Plan Capital Improvements Element ➢ 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 ofthe 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 57 340 Comprehensive Plan Capital Improvements Element 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 istructure nfra 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 Maintain 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 Community Development Department Adopted December 13, 2022, Ordinance 2022 - Indian River County 58 341 Comprehensive Plan Capital Improvements Element 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 Ongoing No County Departments 5.3 Extension of facilities and services BCC/ApD ppr te priaCounty Ongoing No 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 County BCC/Appropriate 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/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 Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 59 342 Comprehensive Plan Capital Improvements Element 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 ofthe 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. Community Development Department Indian River County Adopted December 13, 2022, Ordinance 2022- 60 343 Comprehensive Plan Capital Improvements Element 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. Community Development Department Indian River County 61 Adopted December _, 2022, Ordinance 2022 344 9 Or A 9 FL; a wi 1p A Mdr cV r-. t JZ o p b cz o a� o oF"�v 3 y cl cl v w o 3 -' •� O Q. 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'a _ ,o u m o m d d d d• oo v z a U S > a H bbb .bbb Sbb Sb:.b N n n r n rMm N N m 10.A. 1 la -13,0-000---, Indian River County Board of County Commissioners December 13, 2022 County Initiated Request to Amend the Capital Improvements Element (CIE) of the Comprehensive Plan Purpose of Comprehensive Plan Text Amendment • To Recognize Changes in Existing and Future Public Facility Needs & Changes in Funding • To comply with yearly CIE update requirement of State Law and County Comprehensive Plan Policy 3 & 3A 1 CIE Adoption Process • Different from standard plan amendments • Requires only one public hearing • No Planning and Zoning Commission review • No state agency review CIE Preparation Joint Effort By Several County Departments Managed By Planning Staff By Budget Department A — N Highlighted Changes • Updated Existing Revenue information and Updated Revenue Projections • Updated Appendix A, Indian River County Five -Year Schedule of Capital Improvements (CIP) • Updated/Revised All Tables, Figures & Corresponding Text Appendix A — Five Year CIP Schedule • This 5 Year CIP for FY 2022/23 to FY 2026/27 • Total 5 Year CIP Expenditures Increased by 4% from $456,310,360 (last year) to $474,689,526 (proposed) • Projected Revenues will Match Projected Expenses • Level of Service Standards Maintained • Transportation largest category of total expenditures (42.8%) Appendix A - 5 Year Capital Improvements Plan Exnenditures By Cateeory Element or Category 2022/23 2023/24 2024/25 2025/26 2026/27 Total Coastal Management $0 $12,500,000 $0 $0 $200,000 $12,700,000 Conservation &Aquifer Recharge $5,108,500 $2,090,000 $1,640,000 $3,215,000 $2,515,000 $14,568,500 Emergency Services $10,229,198 $7,550,000 $5,340,000 $3,675,000 $8,977,000 $35,771,198 Facilities Management $13,118,317 $12,025,000 $8,275,000 $275,000 $275,000 $33,968,317 Law Enforcement & Corrections $8,499,785 $4,000,000 $2,800,000 $3,140,000 $3,375,000 $21,814,785 Recreation & Open Space $12,275,590 $5,315,000 $2,050,000 $3,000,000 $2,950,000 $25,590,590 Sanitary Sewer & Potable Water $20,066,103 $20,292,663 $20,830,000 $11,920,187 $12,350,000 $85,458,953 Solid Waste $9,000,000 $12,825,000 $2,420,000 $2,070,000 $0 $26,315,000 Stormwater Management $2406,331 $6,900,000 $250,000 $2,300,000 $3,500,000 $15,356,331 Transportation $74,212,001 $41,976,097 $44,850,607 $26,013,147 $16,094,000 $203,145,852 Total $154,915,825 $125,473,760 $88,455,607 $55,608,334 $50,236,000 26 = One -Cent Local Option Sales Tax • In 2016 the BCC 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. • The proposed 5 -year CIP allocates more than 20% of project one -cent local option sales tax revenue to lagoon related projects during FY 2022/23— 2026/27 3S3A- 4 Lagoon Benefiting Projects Funded by One -Cent Local Option Sales Tax FY 22/23 — FY 26/27 • North Sebastian/Highlands/West Wabasso Sewer • North Indian River Drive Stormwater Treatment • Lost Tree Islands restoration, replanting • North Relief Canal Treatment System, Stormwater Marsh Projects, TMDL Lagoon Treatment System Summary • Increased forecasted revenue • Project time frames extended, and project costs modified • Level of Service Standards maintained • 20% of the extended One -Cent Local Option Sales Tax in years 1, 2, 3, 4 and 5 allocated to lagoon related projects • CIE is consistent with the Comprehensive Plan • CIE is Financially Feasible 3n g— 1 Recommendation That the Board of County Commissioners approve the update to the 5 Year Capital Improvements Program for the period FY 2022/23 — 2026/27 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the proposed ordinance. Backup - 5 -Year Schedule of Capital Improvements • Appendix B -D • Draft 2022 CIE 393A- 6 104 � INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: November 28, 2022 SUBJECT: Request from East Coast Ambulance, LLC. for a Class "B" Certificate of Public Convenience and Necessity to Provide Non - Emergency Ambulance Inter -Facility Transports Originating from Indian River County and Class "C" Non -Emergency Inter -Facility Transports Requiring a Physician's Order - Administrative It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. Background: Chapter 304 of the Indian River County Code of Ordinance (the "Code") governs certificates of public convenience and necessity in Indian River County for various uses, including wheelchair vehicle services. Per section 304.07 of the Code, after an application has been received by Indian River County, the EMS director makes an investigation and a determination of the public need for the proposed service in the geographical area requested. As part of this investigation, the EMS director contacts the medical director, all other service providers in the county, and any municipality in which the applicant desires to provide service. The EMS director also is required to schedule a public hearing before the Board with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public hearing, the Board shall consider the EMS director's recommendation and any input from other service providers, municipalities, or interested groups or citizens and may grant or deny the requested certificate of public convenience and necessity. In making his recommendation, the EMS director shall consider the following factors: (a) The population density and composition of the likely areas within which the proposed ALS, BLS, or nonemergency medical transport service will operate. (b) The need of the people in the area for ALS, BLS, or non -emergency medical transport service. (c) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. (d) Such other factors as may be considered important by the EMS director. Analysis: On July 27, 2022, East Coast Ambulance submitted an application for Class `B" Certificate of Public Convenience and Necessity to provide non -emergency ambulance inter -facility transports originating within Indian River County and a Class "C" non -emergency inter -facility transports which require special clinical capabilities and require a physician's order. Pursuant to the Code, staff initiated an investigation to be made regarding the application. There are six (6) other providers who hold a Class `B" certificate in the County as follows: All County Ambulance American Ambulance Cleveland Clinic Advanced Medical Transport Coastal Health Systems of Brevard Inc. National Health Transport, Inc. United Medical Transportation There are no other providers who hold a Class "C" Certificate in the County. At an informal meeting, which was held on September 22, 2022, all current providers, municipalities, and interested groups were invited to attend for the purpose of receiving information about the proposed service and discuss the need for additional service in the County. The providers who attended voiced few concerns over the impacts generated by East Coast Ambulance, but will discuss those at the Public Hearing should they choose to. Recommendation: Staff recommends that the Board approve and grant a Class `B" & Class "C" COPCN to East Coast Ambulance, LLC for a period of two (2) years. Attachments: 1. Application for Certificate of Public Convenience and Necessity for East Coast Ambulance, LLC *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:OOpm, Monday through Friday) at the Offices of Emergency Services.* VI' -. INDIAN RIVER COUNTY Sl 41 DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) EAST COAST AMBULANCE, LLC O�_ 05131120,` APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. © This is a new application; fee is attached. TNs, is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ BLS [34LS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ ✓�LS RIALS Agencies tftat provide y ambulance inter-facil•ity medical transW at the ALS/BLS level. Class C ❑ Fv--6LS WJ LS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order, Class D ❑ EIBLS ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ 0wheelchair II wheelchair/Stretcher DAmbulatory Transport Agemies that provide wheelchair transportatkm service where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ❑ IIwheelchair Ll wheelchair/Stretcher n,Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not pard for in part or in whole either directly or indirectly with government funds. WBeNBeth Casano EOC\COPCN\RENEWAE_ PACKETS\COPCN Application.doc 386 V. NOTARIZED STATEMENTS Fill In Statements as applicable. E or;��;APPtICAWTS 1, ANDREW PAPPAS , the representative of Applicant Name EAST COAST AMBULANCE , do hereby attest that the Business Name or service above named service meets all the requirements of, and that 1 agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. -APPANTS t, ANDREW OLD, MD the representative of Applicant Name EAST COAST AMBULANCE , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. 1 do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part ill, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, t_lfe Support Services. ALL APDL CAl I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this app ' ion ar a and correct. d17 Z01.e APPLICA14T ftNATURE DATE Before me personally appeared the said At)A(eU) o PpC6 who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this -1day of l_. 4Rti iss&,expires. tb 23 2c 2 NOTARY PUBLICCr6,Ac nc... -�� "` .• 'si+tSSip' IAOTAR U9LIC L!MethSeth Casano EOCICOPMRENEWAL PACKETSICOPCN Applicatiorr-jo''o �023.2p2? flIJJf111111�»\`\ EAST COAST AMUSLANd RATES Advanced tjlfe Support $7.20 Advanced Life 6upport..(AL52) $780 Advanced Life Support (out of County) $'720 Critical Care $1400 Mileage1�Ql Non -Emergent Transportation $615 388 low ft bi Indian' the following River Press .W Indian says, . * A a' 'ounty, -' Fbodr. tat` Owllk. AV** :' ZOO*, ,Florida, and. #W, newspaper * pj6#1bW119 Indian O . In Wan River Cc J� � r�@Vtl�-�1f1�'ifLB., /,sW ♦ i" _,>-. , , 'F�-ten. ieet ��taii. Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 1oa3 Public Hearings - B. C. C 12.13.22 Legislative Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 5, 2022 SUBJECT: Biosolids Moratorium Extension Ordinance - LEGISLATIVE BACKGROUND. ATTORNEY Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids were recently being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. C:IGraicwiLegi arAL1remyle07461d6-303e4b6a-8887-SbSe6e04f9bl.doe 389 Board of County Commissioners December 5, 2022 Page 2 On January 8, 2019, the Board approved an ordinance establishing another 180 -day temporary moratorium on the land application of Class B biosolids in the unincorporated areas of Indian River County. The moratorium was again renewed by the Board on June 18, 2019, December 10, 2019, and again on June 16, 2020, November 10, 2020, December 14, 2021, and will expire on January 1, 2023. During the 2019 legislative session, the Florida Legislature passed HB 829, which contained language that protected the ability of a county to continue to enforce or extend an ordinance, regulation, resolution, rule, moratorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed or until the effective date of the rules adopted by FDEP, whichever occurs first. In the 2020 legislative session, the Florida Legislature passed SB 712, which states that "[a] municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county." Thus, the County Attorney's Office is presenting to the Board another moratorium ordinance consistent with SB 712, which will extend the moratorium to January 1, 2024. FUNDING. The cost of publication of the required public notice for the public hearing was $159.03. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Biosolids Moratorium Ordinance GlGranicwtLegirmr3U.51TempIO7462d6-30Je-0b6a-8887-SbJe&04pb/.doc 390 ORDINANCE NO. 2022 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; : PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic wastewater sludge from wastewater treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids were being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 1 391 ORDINANCE NO. 2022 - WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, after analyzing historic St. Johns River Water Management District data, identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection Biosolids Technical Advisory Committee, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and such owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and 392 ORDINANCE NO. 2022 - WHEREAS, the Board has approved ordinances extending the temporary moratorium on land application of Class B biosolids activities, which moratorium will expire on January 1, 2023; and WHEREAS, per section 403.0855, Florida Statutes, Indian River County is authorized to enforce and extend such moratorium; and WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 1 year, beginning January 1, 2023, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 1 year, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January 1, 2023, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. 393 ORDINANCE NO. 2022 - Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 1 year from the moratorium effective date set forth in this ordinance, January 1, 2024. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 1 year after the effective date as set forth in this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 2nd day of December, 2022, for a public hearing to be held on the 1311 day of December, 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 K•. ORDINANCE NO. 2022 - The Chairman thereupon declared the ordinance duly passed and adopted this 13th day of December, 2022. ATTEST: Jeffrey R. Smith, Clerk and Comptroller go Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bv: Joseph H. Earman, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of December, 2022. 395 �0. A. 3 Mpro*.. Ft. . Wft 04, "00 t#W fielshe It i 1tUt, Enver 060 a A*- newspaper 00,hjOW'' - ► SON,* in Indian (RN* 0 rida: OW ft SpIlIA"' VW advertisement, '. the 49*K %W N44W Axffftl 1" Met" III o ANOW 2Wp:OMU#W said Indian published in Vero Beach in SW bW,* Rivew' -Caft ,mW that said newspaper has hWO10" been dtMV* ptblotWd "in -- said Indian River Ow", Florida, d l wo tt�ttt*Kbd In tlWJW,, .� Qpunty, for a petit , 0( we VW its ill `. t+ Of ft attw;hed QW 41 11m>W9it I " .. , OW kyr : , , OW ctr WW Wbate, Ott1'nifti t or refif"` ftf. the purpose ®I" ,*NOOK Advartisement for tion In ft, said newspaper. 110' ',MW press AWnW 1110 teert "WW as Periodical Maur at tht Tioa Wit; 10 Vft Beach, tt040 County, Florida and ho been for a p W 'oti one ')* "tod proading, the, first publicati t the attached cit ,OfY tiseM*nj Issue(s) dated before wh it ,.Ito dam Arer nciod or *__ ft aewspaper's website, faVoWampIt on r �d lit` t�,S111 3E, �i> Z�1 NOTICE OF INTENT- PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHOR- IZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE' REVIEW OF THE IMPACT ON THE COUNTY'5 ECOSYSTEM IS COMPLETED, WITHIN THE UN- INCORPORATED AREAS OF INDIAN RIVER COUNTY PRO- HIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIO - SOLIDS; PROVIDING FOR AD- DITIONAL STUDY AND POSSI- BLE REGULATION OF CLASS B BIOSOLIDS APPLICATION AC- - - — - --. TIVITIES;-PROVIDING.-FOR.EX-. T HAUSTION OF ADMINISTRA- TIVE REMEDIES; AND PROVID- ING FOR SEVERABfLTTY, RE- PEAL OF CONFLICTING PROVI- 51ONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, December 13, 2022 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Mon- day through Friday) at the Of- fice of the Clerk to the Board of County Commissioners lo- cated on the second floor of Building A of the County Ad- ministrative Complex, 1801 27th Street, Vero Beach, Flori- da; or alternatively, the pro- posed ordinance may be in- spected at www,ircgov.com. " Anyone who may wish to ap- peal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- in' must contact the county's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH H. EARMAN, CHAIR- MAN Pub: December 2, 2022 TCN5500174 395A -a. Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Public Hearings - B.C.C. 12.13.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 5, 2022 ATTORNEY SUBJECT: Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area - LEGISLATIVE BACKGROUND. On October 19, 2021, the Indian River County Board of County Commissioners (Board) voted to direct the County Attorney and Public Works Director to initiate the process of creating a Municipal Service Benefit Unit (MSBU) for the Oslo Park area to raise funds for future road paving projects. The Public Works Department and the County Attorney's Office worked together to prepare the proper documents to establish the MSBU for the 500 residential properties in the Oslo Park area. The Board considered establishing the MSBU earlier this year, but due to the expected timing of the project, on June 7h, the Board deferred taking action. However, County staff would now like to move forward with initiating the assessment process under section 197.3632, Florida Statutes, which would allow for assessments to be collected on the tax bills that will go out in the fall of 2023. As part of the process under section 197.3632, Florida Statutes, the Board will conduct two public hearings. At this first public hearing, the Board will consider adopting the attached resolution in which the Board intends to use the uniform method of collecting the non -ad valorem assessments found in Florida Statute § 197.3632. Per statute, notice of the public hearing has been advertised for the past four consecutive weeks. If the resolution is approved, staff will send a first-class letter and a copy of the resolution to each property owner in the proposed MSBU, advising them of the second public hearing and providing them with a copy of the proposed ordinance establishing the MSBU. The Board has already entered into an agreement with the Tax Collector and Property Appraiser reimbursing the Constitutional Officers for the costs incurred in implementing the MSBU. C:1GraaicwUxg&ar5 tTemp14oa5801d-eab4322-aa2Odbc7bd934e3a.doc 396 Board of County Commissioners December S, 2022 Page 2 FUNDING. Funding for this proposed MSBU has not yet been established. Should the Board establish the MSBU, a budget amendment will be necessary. The costs will include notification for the two public hearings, including mailing notices to owners and reimbursement of costs to the Property Appraiser and Tax Collector. RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft resolution and the draft agreement with the Tax Collector and Property Appraiser. ATTACHMENT(S). Draft Resolution C. WOM icusU.Vaw5UITemy14W801d.mb4322 a 20dbc7W34e3odoc 397 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET PAVING IN THE OSLO PARK AREA. WHEREAS, Board of County Commissioners of Indian River County is considering imposition of non ad valorem assessments to pay for the cost of street paving in the Oslo Park area; and WHEREAS, the Indian River County Board of County Commissioners has enacted a Municipal Service Benefit Unit ("MSBU") ordinance which provides for services such as street paving in certain districts in the unincorporated areas of the County; and WHEREAS, that ordinance authorizes the levy and collection of special assessments in a uniform manner for those MSBU expenditures which are determined to provide a reasonably uniform special benefit to all properties within the benefit unit against which such special assessments are made; and further provides for the assessments to be levied in the same manner as taxes; and further provides for the assessment, levy, collection, remittance and accounting for said assessments at the same time and manner as taxes to the general fund; and WHEREAS, section 197.3632(3)(a), Florida Statutes requires the Board of County Commissioners to adopt a resolution at a public hearing clearly stating its intent to use the uniform method of collecting such assessment; stating the need for the levy; and including a legal description of the boundaries of the property; and requiring that 1 the local governing board shall send a copy of the resolution by United States Mail to the Property Appraiser, Tax Collector and the Department of Revenue by January 10th of this year; and WHEREAS, a notice of intent to adopt this resolution electing to use the uniform method for collecting the assessment has been published for four consecutive weeks preceding this public hearing in the Indian River Press Journal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: 1. The Indian River County Board of County Commissioners ("Board") hereby elects to utilize the uniform method for levy, collection, and enforcement of non ad valorem assessments as set out in section 197.3632, Florida Statutes for the Oslo Park area. 2. The Board intends to amend its Code of Ordinances, Chapter 200, to include the Oslo Park area as a street paving MSBU district. 3. The levy of the assessment is needed because the street paving will further the health, safety and well-being of all those residing and owning property within the boundaries of the district. The benefited area is a residential neighborhood within unincorporated Indian River County and contains many dirt roads. The establishment of the street paving district will enhance the safety of all people that travel within the district. The property included within the Oslo Park Street Paving District Municipal Service Benefit Unit is described as: E K14*61 OSLO PARK STREET PAVING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in portions of Sections 25 and 26, Township 33 South, Range 39 East, Indian River County Florida. Said parcel also including portions of the following; Plat of Indian River Farms Company, Plat Book 2, Page 25, Of the public records of St. Lucie County, Florida (now Indian River County, Florida) and the following plats as recorded in the public records of Indian River County, Florida; Oslo Park Unit No. 2, Plat Book 4, Page 13; Oslo Park Unit No. 2-A, Plat Book 4, Page 31 and Oslo Park Unit No. 2-13, Plat Book 4, Page 24. Said parcel being more particularly described as follows: BEGINNING at the northwest corner of Lot 7, Block B, according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run Northerly to the Southeast corner of those lands as described in official records book 630, page 2318, of the public records of Indian River County, Florida. Said point also being the intersection of the westerly right-of-way line of 17th/ Avenue SW and the northerly right-of-way line of 13th/ Street SW; thence northerly along the east line of said lands (said line also being the west right-of-way line of 17th/ Avenue SW) to the northeast corner of said lands; thence run easterly to the northwest corner of Block "O", according to the aforementioned plat of Oslo Park Unit No. 2. Said point also being on the south right-of- way line of 11th/ Street SW (Nebraska Street as platted); thence run easterly along said south right-of-way line to the northeast corner of Lot 25, Block "M", according to the aforementioned plat of Oslo Park Unit 2-13; thence continue easterly to the northwest corner of those lands as described in Official Records Book 1962, Page 1101, of the public records of Indian River County, Florida; thence run easterly along the north line of said lands to the northeast corner thereof; thence run southerly along the east line of said lands, and its southerly prolongation to its intersection with the north line of those lands as described in Official Records Book 2911, Page 2421, of the public records of Indian River County, Florida; thence run easterly to the northeast corner of said lands; thence run southerly and westerly along the east and south lines of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 2982, Page 2436, of the public records of Indian River County, Florida; thence run westerly along the south line of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 743, Page 330, of the public records of Indian River County, Florida; thence run westerly along the south line said lands, and the south line of those lands as described in Official Records Book 2515, Page 614, of the public records of Indian River County, Florida, to the southwest corner of said lands. Said southwest corner also being on the east line of those lands as described in Official Records Book 1481, Page 2918, of the public records of Indian River County, Florida; thence run southerly and westerly along the east and south lines thereof to the southwest corner of said lands; thence run northerly along the west line of said lands, and the west line of those lands as described in Official Records Book 1670, Page 152, and Official Records Book 596, page 753, of the public records of Indian River County, Florida, to the southeast corner of a parcel of land as described in Official Records Book 667, Page 1611, of the public records of Indian River County, Florida; thence run westerly along the south line of said lands, and the westerly prolongation thereof to its intersection with the east line of a parcel of land as described in said Official records Book 667, Page 1611; thence northerly along the east line of said parcel to the northeast corner of said parcel. Said point also being the southeast corner of those lands as described in Official Records Book 938, Page K? 400 963, of the public records of Indian River County, Florida; thence run westerly along the south line of those lands as described in Official Records Book 938, page 963, and Official Records Book 1945, Page 2465 (said line also being north line of said lands per Official Records book 667, page 1611) to the southwest corner of those lands described in Official Records Book 1945, Page 2465; thence run southerly along the east line of, and westerly along the north line of that certain parcel of land as described in said Official records Book 667, Page 1611, and its westerly extension to a point in the east line of Block "D", according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run northerly along the east line of said Block "D" to the northeast corner of Lot 7, Block "D"; thence run westerly to the northwest corner of Lot 7, Block "B" of said plat of Boxwood Estates and the Point of Beginning. ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: 0 401 'Z■ N IN I :!1 5. Upon adoption of this resolution, the Clerk to the Board is directed to mail a copy of this resolution by United States Mail to the Indian River County Property Appraiser, the Indian River County Tax Collector and the Department of Revenue by January 10, 2023. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss , and, upon being put to a The Chairman thereupon declared the resolution duly passed and adopted this day of December, 2022. ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold, County Attorney C BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 21 Joseph H. Earman, Chairman Approved by: Jason E. Brown County Administrator 403 108 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Small Business Administration- Office of Disaster Assistance Field Operations Center East, Atlanta, GA PHONE: ADDRESS: SUBJECT MATTER FOR DISCUSSION: 202-945-7525 SBA Disaster Assistance Resources --Economic Injury IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 1:1YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? N/A ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? E YES � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For HRC Staff only: ransmitte3 to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone Briefing /informational update on available resources COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 404 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 1804 E. Sandpoint PI ADDRESS: Douglas DeMuth PHONE: 215-666-3100 City of Vero Beach New Wastewater Plant Project SUBJECT MATTER FOR DISCUSSION: IS A DIGTTALlELECTRONIC PRESENTATION PLANNED? 1:1YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Blue Ribbon Committee to Assess Situation, Impacts to County Residents Using COVB Services & Recommendations ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES D NO WHAT FUNDS OR ACTIVITIES ARE Some IRC Staff Involvement REQUIRED TO MEET THIS REQUEST? For HRC Staff only: ransmi to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 12/13/22 405 /063 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby 8465 59th Ave ADDRESS: PHONE: 772-501-4753 Community Development District SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 1:1YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? N/A ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? E YES � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For HRC Staff only: Transmitted to Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone N/A COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Dec 13, 2022 406 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney toC) Public Notice Item - B.C.C. 12.13.22 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 5, 2022 ATTORNEY SUBJECT: Public Notice of Public Hearing for December 20, 2022, to Consider an Ordinance Prohibiting Certain Smoking Activities at County Owned Parks The Board of County Commissioners will hold a Public Hearing on Tuesday, December 20, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 205.03 (RULES AND REGULATIONS) OF CHAPTER 205 (PARKS AND RECREATION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO PROHIBIT CERTAIN SMOKING ACTIVITIES AT COUNTY OWNED PARKS CONSISTENT WITH STATE STATUTE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 2r Street, Vero Beach, Florida 32960. C: IGlwniaulLegiaa 510ITemyl9lAddJ7-872o-43dlbOdc-910d86JFebO7dx 407 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Public Notice Item - B.C.C. 12.13.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 5, 2022 ATTORNEY SUBJECT: Public Notice of Public Hearing for December 20, 2022, to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments The Board of County Commissioners will hold a Public Hearing on Tuesday, December 20, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF THE WATER PORTION OF THE NORTH COUNTY WATER AND SEWER PROJECT — PHASE 2. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C.IGra=w1Leeoar3U3Memy{9.13a7a68-1d56-4pe-8Jbf--78f[Je03c739.dw Office of the 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: Kathy Copeland Legislative Affairs and Communications Manager DATE: December 7, 2022 SUBJECT: Four County Joint Board Meeting BACKGROUND In preparation for the 2023 Florida legislative session, Martin County, St. Lucie County, and Okeechobee County have reached out to Indian River County to see if the Board would be interested in attending a joint board meeting to discuss legislative priorities. The December 15th meeting was approved by Resolution at the November I' IRC Commission meeting and scheduled to occur from 9:00 am to 12:00 pm at the Indian River State College Pruitt Campus, 500 NW California Blvd., Port St. Lucie, FL 34986. St. Lucie County recently proposed a date change for this meeting. The new date for consideration is January 11, 2023. A revised start time of 10 am is also proposed. The meeting location is unchanged. In accordance with section 125.001, Florida Statutes, the Board is permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities to discuss matters regarding land development, economic development, or any other matters of mutual interest. To do so, all four referenced boards are required to: (1) adopt a resolution authorizing the participation in the joint meeting; (2) publicly notice the meeting within its jurisdiction; (3) and hold the meeting in an appropriate public place. Pursuant to section 125.001(2)(b), Florida Statutes, no official vote can be taken at the meeting. RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners adopt the new resolution authorizing a date and time change for the joint meeting with the Board of County Commissioners for St. Lucie County, the Board of County Commissioners for Martin County, and the Board of County Commissioners for Okeechobee County to discuss joint legislative priorities in anticipation of the State of Florida's 2023 legislative session. ATTACHMENT Proposed Resolution RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO AUTHORIZE THE ST. LUCIE COUNTY COMMISSION TO PARTICIPATE IN A JOINT MEETING WITH THE ST. LUCIE COUNTY COMMISSION, THE OKEECHOBEE COUNTY COMMISSION, AND THE MARTIN COUNTY COMMISSION TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Indian River County Commission, the St. Lucie County Commission, the Okeechobee County Commission, and the Martin County Commission desire to participate in a joint meeting to discuss and plan matters of mutual interest; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent county or municipality; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER BOARD OF COUNTY COMMISSIONERS THAT: Section 1. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the St. Lucie County Commissioners, the Okeechobee County Commissioners, and the Martin County Commissioners on Wednesday, January 11, 2023 at 10:00 a.m. at the STEM Center Auditorium, Indian River State College Pruitt Campus, 500 NW California Blvd, Port St. Lucie, Florida 34986 that will be properly noticed within the jurisdiction of all participating counties. taken. Section 2. Notice of this meeting shall be duly advertised and official minutes shall be Section 3. This resolution shall take effect immediately upon adoption. 1 410 After motion and second, the vote on this resolution was as follows: Chair Joseph H. Earman Vice Chair Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed this day of , 2022. ATTEST: Jeffery R. Smith, Clerk BOARD OF COUNTY COMMISSIONERS of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: BY: Deputy Clerk Joseph H. Earman, CHAIR Approved as to form and legal sufficiency: Lo Dylan Reingold County Attorney 411 E Office of the 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: Kathy Copeland Legislative Affairs and Communications Manager DATE: December 13, 2022 SUBJECT: Lobbyist for 2023 Legislative Session BACKGROUND Since February 17, 2015, Anfield Consulting, Inc., has assisted Indian River County with various legislative issues and obtaining funding for water projects. The current term of Indian River County's contract with Anfield Consulting, Inc., will expire on December 31, 2022. County Administration staff recommends continuing to utilize Anfield Consulting, Inc., through December 2023. 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 recommends that the Board enter into an agreement with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2023, to December 31, 2023, and authorize the Interim County Administrator/Assistant County Administrator to execute the referenced agreement. ATTACHMENTS Agreement for Professional Services 412 Anf'l'eld [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." W 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, Michael Zito, Assistant County Administrator or his designee. Term and Compensation: The term of this Agreement will commence on January 1, 2023 and end December 31, 2023. 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 (0) 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 Pagel of 3 413 and to receive prior authorization for said expenses from CLIENT'S authorized representative, Michael Zito, Assistant County Administrator. M 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. 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. (51 GoverningLaw: 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. W 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. E -VERIFY: ANFIELD is registered with and will use the Department of Homeland Security's E -Verify system C% ww.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. ANFIELD is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants (as utilized for this project). 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, Inc.: Albert Balido, Managing Member Page 2 of 3 Date Executed 414 For Indian River County: Michael Zito, Assistant County Administrator Date Executed APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney Page 3 of 3 415 Office Of Attorney's Matters 12/13/2022 INDIAN RIVER BOUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: December 2, 2022 ATTORNEY SUBJECT: Authorization to proceed with foreclosure on Code enforcement cases: 2022020001 SLP Tractor Services Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on November 28, 2022. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2022020001 (12376 91st Street) (SLP Tractor Services; Felipe and Elena Gomez): This code enforcement action started in February 2022 with a complaint regarding a business on residential property without site plan approval. There was an evidentiary hearing on April 25, 2022 at which time the respondents were found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondents were given until May 20, 2022 to cease all commercial operation and remove the commercial vehicles from the property and until July 22, 2022 to obtain special exception use approval. At a compliance hearing held on May 23, 2022, the Code Enforcement Board determined that the respondent did not bring the property into compliance and issued an order for a fine in the amount of $250.00 per day. The order is recorded at O.R. Book 3546, Page 2102 of the Public Records of Indian River County. The property is still currently in violation. There is another open case (Case No. 2021060045) on which foreclosure action is already being taken on the non homestead properties owned by Felipe and Elena Gomez. Staff took this current case to the Code Enforcement Board on November 28, 2022 to seek authorization to move forward with foreclosure on the only property that is owned by SLP Tractor Services which is located 416 Code Enforcement Foreclosures December 2, 2022 Page 12 at 30 S. Oleander Street. The Code Enforcement Board authorized the County Attorney's Office to move forward with foreclosure on the 30 S. Oleander Street Property. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000 and will be paid out of MSTU/Environmental Planning/Legals Services, Account #00420724-033110. This funding will be offset by any revenues received through the foreclosure process, after previous costs are recovered. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above-named code enforcement case for the property located at 30 S. Oleander Street. Attachments: Order imposing fines for case number 2022020001 Deed for Property located at 30 S. Oleander Street 417 12/2/22,4:10 PM Landmark Web Official Records Search 3120220036399 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3546 PG: 2102,6/712022 11:40 AM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: GOMEZ, FELIPE and ELENA 12376 91 ST ST FELLSMERE, FL 32948 SLP TRACTOR SERVICE 30 SOUTH OLEANDER STREET FELLSMERE, FL 32948 , Respondents CEB Case No. 2022020001 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on April 25, 2022, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On May 23, 2022, this Board conducted a compliance hearing to determine whether the Board's order of April 25, 2022, as amended by Order(s) Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, and was present at the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist the operation of a business without site plan approval and the storage of trucks and tractors for the business without site plan approval in the A-1 Zoning District, which constitutes the use of the property in violation of Section(s) 912.05(6), 914.04, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of May 20, 2022, and a fine of $250 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 12376 91 ST ST FELLSMERE Tax Parcel ID No. 31-37-00-00001-1748-00001.0 Legal Description: FELLSMERE FARMS CO SUB W 2 A OF TRACT 1748 PBS 2 - 1 & 2 beginning May 21, 2022. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED MAY 23, 2022, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. 418 https://ori,indian-fiver.orglsearciVindex?theme=.blue&section=searchCriteriaName&quickSearchSelecbon=# 1/2 12/2/22,4:10 PM BK: 3546 PC: 2103 Landmark Web Official Records Search EXECUTED by the Chairperson of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this a41 day of `, 2022. CODE ENFORCEMENT BOARD OF ATTEST4is- N� By: , s Lisa Plesnarski D nc so, rson Recording Secretary Indian River County Code Enforcement Bbird CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this a4- day of `Sutra, 12022. (1 Lisa Plesnarski, Recording Secretary AS TO LEGAL FORM: -r D. Pest Advising CEB Case No. 2022020001 Code Officer: DAPHNE DRISKELL STATE OF FLORIDA INDIAN RIVER COUNTY THIS ISTO CERTIFYTHATTIM ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. SECRETARY CODE ENFORCEMENT BOARD DATE: '* I 419 https://ori.indian-river.orglsearchlindex?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/2 12/2/22. 4:11 PM Landmark Web Official Records Search 3120210060451 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3457 PG: 1318,8/25/2021 10:18 AM D DOCTAX PD $980.00 This instrument prepared by & return to: Denielle Landers Harbor Title & Escrow, Inc. Pelican Plaza 4729 N. Al Suite # 122 Vero Beach, FL 32963 Consideration: $140,000.00 Rec : $28.00 Tax m No: 3 1 -3 7-00-00009-1390-00007/0 Our File: 2021-2846 General Warranty Deed Made this 25th day of August, 2021 by Michael Barone, Successor Trustee of the Genevieve V. Schneider Revocable Trust Agreement dated April 22, 1999, as Restated U/A/D 9/21/2004 and as amended on 12/6/2004 & 12/11/2006 and Ted Schneider, H, Successor Trustee of the John G. Schneider Revocable Trust Agreement dated April 22, 1999, as restated U/A/D 9/20/2004, whose post office address is 16 N. Oleander Street, Suite 19, Fellsmere, FL 32948 hereinafter called the grantor, to SLP Tractor Services, Inc., a Florida Corporation whose post office address is 680 Jordan Avenue, Sebastian, FL 32958 hereinafter called the grantee, (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: that the grantor, for and in consideration of the sum of One Hundred Forty Thousand and 00/100 Dollars ($140,000.00), and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Indian River County, Florida, viz: All of Block 139, TOWN OF FELLSMERE, according to the plat thereof filed in the Office of the Clerk of the Circuit Court of SL Lucie County, Florida, in Plat Book 2, pages 3 and 4, lying SOUTH of State Road 512, and being more particularly described as follows: Beginning at a point of 40 feet North of the centerline of California Avenue, said point being the Southeast Corner of Lot 13, Block 139, Town of Fellsmere, according to the plat thereof filed in Plat Book 2, pages 3 and 4, Public Records of St. Lucie County, Florida, run North along the East boundary of said Block 139, a distance of 345.86 feet to a point on the South right-of-way line of State Road 512; thence run Southwest along the South right of way line of State Road No. 512 to the point where said South right of way line intersects the West boundary of the said Block 139; thence run South along the West boundary of said Block 139; thence run South along the West boundary of said Block 139 a distance of 144.57 feet to a point; thence run Southeast a distance 46.6 feet to a point on the South boundary of said Block 139; thence run East along the South boundary of said Block 139 a distance 263.13 feet to the point of beginning; said land now lying and being in Indian River County, Florida. Parcel ID Number: 31-37-00-00009-1390-00007/0 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 420 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# t/3 12/2/22,4:11 PM BK: 3457 PG: 1319 Landmark Web Official Records Search In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in Our Presence: John G. Schneider Revocable Trust Agreement dated April 22, 1999, as restated U/A/D 9/20/2004 Ted S r, 11, Successor Trustee State of Michigan County of Macomb The foregoing instrument was acknowledged before me by means of physical presence, this day of August, 2021 by Ted Schneider, II, Successor Trustee of the John G. Schneider Revocable Trust Agreement dated April 22, 1999, as restated U/A/D 9/20/2004 who has proved to me on the basis of satisfactory evidence to be the person who appeared before me. (SEAL) ZACHARYARANYOS NOTARY PUBLIC - MICHIGAN SAINT CLAIR COUNTY WCOMMISSI EXRIR 1ZP.iQJ2Q23 ACTING tNI L Cfri1NTY Expires: UIQ] https://ori.indian-dver.orglsearctVindex?theme=.blue&section=searchCriteriaName&quickSearchSelecbon=# 2/3 12/2/22, 4:11 PM BK: 3457 PG: 1320 Landmark Web Official Records Search To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 2020. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed .Sealed and Delivered in Our Presence: Witness#1 G"itlian Krieger Print Name Ifn . t enielle Landers Print Name State of Florida County of Indian River Genevieve V. Schneider Revocable Trust Agreement dated April 22, 1999, as Restated U/A/D 921/2004 and as amended on 1216/2004 & 12/112006 L Michael Barone, Successor Trustee The foregoing instrument was acknowledged before me by means of physical presence, this 015 day of August, 2021 by Michael Barone, Successor Trustee of the Genevieve V. Schneider Revocable Trust Agreement dated April 22, 1999, as Restated U/A/D 9/21/2004 and as amended on 12/6/2004 & 12,11/2006 who has proved to me on the basis of satisfactory evidence to be the person who appeared before me. �.►�'' � LNotaiyPuDge State of Florida le M Ladders `W ion GG 125154 aniin&2o21 {SEAL Notar Printe me: My Commission Expires: 422 https://ori.indian-dver.orglsearchlindex?theme=.blue&section=searchCriteriaName&quickSearchSelecbon=# 3/3 13.1 1a - 13--d-0a3-- 12376 91St Street, Fellsmere, FL January 2022 History An evidentiary hearing was held on April 25, 2022, where fhe Board held the Respondents in violation of the IRC Code for operating a business without site plan approval and storage of business equipment without site plan approval. On May 23, 2022 the Board held a compliance hearing and found the respondents were not in compliance and issued an order imposing a fine Of $250 per day. 4aaA 1 12376 91St Street, Fe l l s m e re, FL n„ c,,r..n•�•...rr+< +ar.�.+dw.,er� M.M�.,.�.d..Ibame.wwsMMe rtrriw.+ew�waM�rs.wiwwYMs+rb=& �NAn.wtll�f�/xl.askro snerdwnw Mt....w.wx.w.y.rnralwwwar ws.s.+. � w.rtn.ww+Mtw4sororh. laMwries «rte cftwmhn rruMawnxx.ax a4seetrnm�a-�cra ca mwx421 tmewfww.da,.."n,a&.,-aro O,"kiNco*-Ny d.". My—., rw—.Ow Om .eµ,—m. "k rxcan} repnr:4. &not -.i ek lrnz. maM 10 ibis..mtiy, rrr.resd, ccntxt W&eMb 12376 91St Street, Fe l l s m e re, FL 11/28/22 11/28/22 gaaA_ 2 12376 91st Street, Fellsmere, FL 30 S. Oleander Street, Fellsmere, FL A 3 Staff Request History Continued • The site of the violation is a homesteaded property and cannot be foreclosed upon. • The property located at 30 S. Oleander Street, Fellsmere, FL is owned by the respondent SLP Tractor Services, Inc. This is the only real property owned by the respondent. • The Code Enforcemenmt Board entered an order allowing staff to move forward with the foreclosure proceedings on this case on November 28, 2022. • Staff is seeking guidance from the Board of County Commissioners as weather to continue with the pursuit of foreclosure on this case or not. 3/15/2023 L4 a aA ^ 3 December 13, 2122 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 7, 2022 SUBJECT: Use of Commission Chambers by COVB City Council FROM: Joseph H. Earman Commissioner, District 3 The City of Vero Beach's Mayor Cotugno reached out to ask if the COVB City Council could use Commission Chambers for two meetings in February while the City's facility is unavailable due to AV equipment installation. Their meetings are currently scheduled on February 7 and 21 at 1:00 pm. but they have expressed willingness to alter their schedule if needed to accommodate ours. There are BCC meetings scheduled at 9 a.m. on both of these days. Additionally, they request to have their meetings televised and to use IRC's recording system. I would like to discuss any concerns my fellow Commissioners have regarding this request and approve the request. 423 December 13, 2022 ITEM 14.A.2. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 9, 2022 SUBJECT: Residency Requirements and Salary for New County Administrator FROM: Joseph H. Earman, Chairman Commissioner, District 3 Discussion It has come to my attention that Indian River County does not require the County Administrator to live within the borders of the county. I would like to discuss a change to the ordinance code to adopt this requirement. I would also like to discuss the salary for the new county administrator. DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Stephen R. Greer, Bureau Chief of EMS Fire Rescue Division DATE: December 6, 2022 SUBJECT: Approval of FY 2022/2023 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 H, 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. The county grant funds are derived from surcharges on various traffic violations. Funding in the amount of $36,014 has been allocated to Indian River County for FY 2022/2023. The grant funds will be utilized as indicated in the grant application for equipment and 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: 424 Gaumard Trauma HAL Traininz Manikin The Trauma HALO 53040.100 is an advanced, rugged trauma patient simulator engineered to meet the needs of civilian and military medical teams training in real environments. Trauma HALO features programmable physiology, bleeding wounds, and extended wireless operability for realistic point -of -injury, transport, and in-hospital care training. This equipment has a total cost of $82,484. FUNDING: To cover the purchase of the Trauma HAL Training Manikin, $36,014 will come from the Emergency Services District/Fire Rescue/Other Machinery & Equipment/FL DOH EMS Grant account, number 11412022-066490-23701, via a budget amendment. The remaining $46,470 will come from the Emergency Services District/Fire Rescue/Other Machinery & Equipment/PEMT account, number 11412022-066490-20023, for a total cost of $82,484. Account Name Account Number Amount ESD/Fire Rescue/Other Mach. & Equip/FL DOH EMS Grant 11412022-066490-23701 $36,014 ESD/Fire Rescue/Other Mach. & E ui /PEMT 11412022-066490-20023 $46,470 Total $82,484 RECOMMENDATION: Staff recommends approval of the FY 2022/2023 EMS Grant and resolution to purchase the equipment as noted in the attachments. Staff further recommends the Board authorize the Chairman to execute the necessary documents to obtain funds from the Department of Health in the amount of $36,014.00 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. 2022-2023 County Allocations 2. Grant Application 3. Gaumard Quote 4. Resolution 425 2022-2023 Payments to Each County Government As Specifically Required by 401.113 (2) (a), Florida Statutes (Note that 401.113 (1), Florida Statutes, requires the funds "must" be used "solely" to improve and expand prehospital EMS.) County Total Awarded New Funds Unclaimed Funds by County Total Award/ Population Estimated 2022 Population Alachua $ 42,498.00 $ 42,497.55 $ - $ 0.16 269,619 Baker $ 5,348.00 $ 5,348.49 $ - $ 0.17 31,781 Bay $ 21,465.00 $ 21,464.74 $ - $ 0.15 140,100 Bradford $ 18,364.00 $ 18,363.66 $ - $ 0.62 29,548 Brevard $ 38,148.00 $ 38,148.45 $ - $ 0.06 622,159 Broward $ 87,160.00 $ 87,160.34 $ - $ 0.04 1,972,790 Calhoun $ 7,706.00 $ 7,706.33 $ - $ 0.60 12,791 Charlotte $ 24,658.00 $ 24,657.57 $ - $ 0.12 201,093 Citrus $ 13,699.00 $ 13,698.86 $ - $ 0.09 155,582 Clay $ 19,206.00 $ 19,205.76 $ - $ 0.08 229,284 Collier $ 72,756.00 $ 72,755.52 $ - $ 0.18 405,005 Columbia $ 28,797.00 $ 14,211.40 $ 14,586.00 $ 0.39 74,740 Miami -Dade $ 132,787.00 $ 132,787.47 $ - $ 0.05 2,723,200 DeSoto $ 23,150.00 $ 6,011.55 $ 17,138.00 $ 0.58 39,900 Dixie $ 1,542.00 $ 1,541.56 $ - $ 0.09 17,249 Duval $ 102,962.00 $ 102,962.13 $ - $ 0.10 985,064 Escambia $ 27,528.00 $ 27,527.73 $ - $ 0.08 327,952 Flagler $ 17,865.00 $ 9,014.22 $ 8,851.00 $ 0.14 124,069 Franklin $ 1,683.00 $ 892.35 $ 791.00 $ 0.12 13,472 Gadsden $ 12,173.00 $ 6,532.36 $ 5,641.00 $ 0.27 44,859 Gilchrist $ 6,344.00 $ 2,000.54 $ 4,343.00 $ 0.33 19,476 Glades $ 8,293.00 $ 8,293.32 $ - $ 0.58 14,186 Gulf $ 2,367.00 $ 2,366.93 $ - $ 0.39 6,118 Hamilton $ 16,388.00 $ 4,335.55 $ 12,052.00 $ 1.10 14,926 Hardee $ 7,191.00 $ 7,191.28 $ - $ 0.27 26,244 Hendry $ 29,515.00 $ 9,779.72 $ 19,735.00 $ 0.67 44,080 Hernando $ 19,334.00 $ 19,334.03 $ - $ 0.09 203,934 Highlands $ 16,571.00 $ 16,571.31 $ - $ 0.15 110,085 Hillsborough $ 82,197.00 $ 82,196.85 $ - $ 0.05 1,532,120 Holmes $ 6,744.00 $ 1,929.92 $ 4,814.00 $ 0.33 20,139 Indian River $ 36,014.00 $ 17,259.93 $18,754.00 $ 0.21 168,131 Jackson $ 7,761.00 $ 7,761.17 $ - $ 0.19 41,320 Jefferson $ 14,624.00 $ 5,318.38 $ 9,306.00 $ 1.04 14,021 Lafayette $ 8,321.00 $ 4,847.75 $ 3,473.00 $ 1.09 7,615 426 Lake $ 34,261.00 $ 34,261.03 $ - $ 0.09 398,312 Lee $ 63,156.00 $ 63,155.74 $ - $ 0.08 818,898 Leon $ 50,784.00 $ 25,834.33 $ 24,950.00 $ 0.17 299,357 Levy $ 8,541.00 $ 8,540.76 $ - $ 0.20 43,618 Liberty $ 1,633.00 $ 1,633.31 $ - $ 0.20 8,135 Madison $ 4,701.00 $ 4,700.65 $ - $ 0.26 18,352 Manatee $ 39,505.00 $ 39,504.50 $ - $ 0.09 429,851 Marion $ 24,714.00 $ 24,714.36 $ - $ 0.06 385,130 Martin $ 18,334.00 $ 18,334.36 $ - $ 0.11 161,774 Monroe $ 43,563.00 $ 43,563.07 $ - $ 0.60 72,641 Nassau $ 6,101.00 $ 6,101.26 $ - $ 0.06 96,692 Okaloosa $ 22,678.00 $ 22,677.58 $ - $ 0.10 222,150 Okeechobee $ 7,205.00 $ 3,874.05 $ 3,331.00 $ 0.16 43,710 Orange $ 220,885.00 $ 220,884.87 $ - $ 0.15 1,429,190 Osceola $ 55,923.00 $ 55,922.54 $ - $ 0.14 397,636 Palm Beach $174,438.00 $ 174,438.38 $ - $ 0.11 1,538,450 Pasco $ 35,678.00 $ 35,678.01 $ - $ 0.06 598,518 Pinellas $ 146,385.00 $ 146,385.06 $ - $ 0.15 980,810 Polk $ 83,003.00 $ 83,002.63 $ - $ 0.11 779,317 Putnam $ 4,469.00 $ 4,469.43 $ - $ 0.06 75,955 Santa Rosa $ 19,153.00 $ 19,152.66 $ - $ 0.10 199,367 Sarasota $ 37,598.00 $ 37,597.63 $ - $ 0.08 455,981 Seminole $ 20,876.00 $ 20,876.36 $ - $ 0.04 482,938 St. Johns $ 43,472.00 $ 43,472.30 $ - $ 0.15 297,246 St. Lucie $ 64,638.00 $ 64,638.05 $ - $ 0.18 351,913 Sumter $ 14,792.00 $ 14,792.02 $ - $ 0.10 143,523 Suwannee $ 10,567.00 $ 5,072.59 $ 5,494.00 $ 0.23 45,131 Taylor $ 4,011.00 $ 1,791.45 $ 2,220.00 $ 0.19 21,641 Union $ 2,611.00 $ 708.15 $ 1,903.00 $ 0.17 14,964 Volusia $ 53,108.00 $ 53,108.37 $ - $ 0.09 574,833 Wakulla $ 3,993.00 $ 3,993.20 $ - $ 0.11 37,717 Walton $ 7,286.00 $ 7,285.97 $ - $ 0.09 84,088 Washington $ 10,216.00 $ 2,379.61 $ 7,836.00 $ 0.37 27,513 Totals $2,299,437.00 $2,134,219.00 $165,218.00 427 Instructions: County Government Application Form 2022-2023 The first application page has five numbered items Please note that Item 2 on the first application page is where the county's authorized person must provide his/her signature and the date. Item 4 describes the content of the current "resolution" that is required. However, if a previous resolution has continuing authority, include a signed message about this and provide a copy of the previous resolution. 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„ and one of these budget pages is needed for each organization listed in item 5. The county alone has the authority to use all the grant funds itself or to provide some of the funds to other organizations within the county. However, the county remains responsible to the state for all the funds. The budget costs must total to the exact amount of new funds for your grant. You can request budget changes and to add to the new grant budget unexpended previous funds from the prior grant, after the new grant begins. The Request for Grant Fund Distribution Form is the last page herein and you must complete only the top part of the form. State EMS will complete the bottom part, as stated on the form. You should copy all forms on your computer to use them. If you place them in restricted editing mode, you can use your keyboard Tab key to go from field to field. EMS COUNTY GRANT APPLICATION 2022 - 2023 FLORIDA DEPARTMENT OF HEALTH �x Emergency Medical Services Program a , 1 Complete all items I ID. Code (The State EMS Program will assiqn the ID Code — leave this blank) I 1. Count Name: Indian River Count Business Address: 1800 271h St. Vero Beach, FL 32960 Telephone: 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: Ca.e. Printed Name: Joseph Earman 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: Bureau Chief of EMS Address: 4225 43rd Ave. Vero Beach, FL 32960 Telephone: 772-226-3951 Fax Number: 772-978-1820 E-mail 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. Julv 20181 64.1-1 n15 F C 429 BUDGET PAGE - When the budget form is in your computer, the budget totals below 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. A. Salaries and Benefits: For each position title, provide the amount of salary per q,M. hour, other fringe benefits, and the total number of n. f ,,. 1 5 un y �� TOTAL Salaries = ;i 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 cate o List the item and3 if apeliicablst the =��t ua� 5 un y �� Total Vehicles & Equipment = $ 0.00 Grand Total = 36 014.00 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 th*`h6m an4i'! Applicable, the quantity Amount Gaumard Trauma HAL 33040.100 36,014.00 Total Vehicles & Equipment = $ 0.00 Grand Total = 36 014.00 DH 1684, December 2008 430 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. The county name, address, and corresponding federal ID number used herein must be in the state MyFloridaMarketPlace (MFMP) system. A finance person in your organization who does business with the state can provide these. Name of County: Indian River County Board of County Commissioners Mailing Address: 1800 271h Street Vero Beach, FL 32960 Federal 9 -digit Identification number: VF 59-60006764 3 -digit seq. code 070 Authorized County Official: Signature Date Joseph Earman 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 32399-9722 Do not write below this line. For use by State Emergency Medical Services Section Grant Amount for State to Pay: $ Approved By: Approved By: Signature of State EMS Unit Supervisor Signature of Contract Manager State Fiscal Year: 2022 - 2023 Organization Code E.O. 64-61-70-30-000 05 Federal Tax ID: VF Grant Beginning Date: Grant ID: Code: Date Date OCA Object Code Category SF005 751000 059998 Seq. Code: Grant Ending Date: DH 1767P, December 2008 (rev. June 8, 2018), incorporated by reference in F.A.C. 64J-1.015. 3 431 l►aumard0 Sfmutatr. for Health Carp Fe; w it.on 14700 SW 136th Street Miami FL 33196 T:305-971-3790 1 F:305-252-0755 Quoted To: Indian River Fire Rescue 4225 43rd Ave Vero Beach FL 32967 USA Quote Number: Quote Date: Page: Ship To: Indian River Fire Rescue 4225 43rd Ave Vero Beach FL 32967-1671 USA Contact: Steve Greer (772)360-6700 sgreer@ircgov.com Quotation 97721 12/05/22 1 of 3 Customer ID Good Through Shipping Method Sales Representative C115048 01/05/23 UPS Ground Michael Graf Qty. Item Description Unit Price Amount 1 S3040.100.PK.M Trauma HALO S3040.100 medium skin tone adult simulator $ package 43,995.00 Includes: Trauma HALO S3040.100 medium skin tone simulator, Trauma Simulated Learning ExperiencesTm guidebook, preprogrammed SLE library with 10 scenario -based simulations, MicrosoftO Tablet PC preloaded with UNI@ control software, RF communications module, headset for streaming audio, Left Arm Trauma Limb, Left Leg Trauma Limb, Right Arm Trauma Limb, Right Leg Trauma Limb, accessories kit, battery charger, soft roller case, user guide, One-year standard warranty $ 43,995.00 Options available only at initial time of purchase: Real NIBP arm, Real CO2 Exhalation, 12 -lead ECG, 12 -lead ECG with snaps, ECG Snap Option, Care in Motion TM Go integrated video -assisted debriefing system Accessories available for purchase: Bleeding Groin Gunshot Wound, Gaumard Vitals""^ bedside patient monitor, Gaumard Vitals mobile patient monitor, NewroSimT" LungSimTm In -Hospital System, LungSimTM Mobile System, Care in MotionTm Mobile standalone video -assisted debriefing system 1 S3040.100.129 ECG Snap option for HALO adult trauma simulator. Ordered at the 0.00 time of initial purchase only 0.00 1 S3040.100.069 NIBP option for HALO adult trauma simulator. Ordered at the time $ 1,295.00 $ 1,295.00 of initial purchase only Prices and taxes are subject to change without notice. To gather information about the products quote we invite you to visit our website: http://www.gaun)ard.r-om If you should have any questions, please feel free to contact your sales representative Michael Graf at michaelg@gaumard.com This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity and/or national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race. color. religion. sex. sexual orientation. sender identitv. national chain. protected veteran status or disability. 432 Gaumard@ 5imutatcr, for H -Oh fare Edueahon 14700 SW 136th Street Miami FL 33196 T:305-971-3790 1 F:305-252-0755 Quoted To: Indian River Fire Rescue 4225 43rd Ave Vero Beach FL 32967 USA Quote Number: Quote Date: Page: Ship To: Indian River Fire Rescue 4225 43rd Ave Vero Beach FL 32967-1671 USA Contact: Steve Greer (772)360-6700 sgreer@ircgov.com Quotation 97721 12/05/22 2 of 3 Qty. Item Description Unit Price Amount 1 S3040.100.078 CO2 Exhalation option for HALO adult trauma simulator. Ordered at the time of initial purchase only. Internal system; replaces $ 1,195.00 $ 1,195.00 standard lower leg with 1/0 leg 1 S3040.100.120S 12 Lead ECG option for HALO adult trauma simulator. Ordered at the time of initial purchase only. Includes chest skin with snaps $ 4,595.00 ;$ 4,595.00 1 30030418A Groin Gunshot Wound Insert accessory for HALO medium skin tone adult trauma simulator $ 95.00 $ 95.00 1 300801546 Bedside Virtual Monitor accessory $ 2,095.00 $ 2,095.00 1 GC.G5.A Gaumard Cares Gold 5 Year service plan for adult simulator. $ Gaumard Cares service with Cost of Ownership Assurance 25,995.00 includes the following at NO CHARGE for the duration of the plan: • Training at Gaumard Training Centers • Webinar Training • $ 25,995.00 Telephone and email Support • Software Updates • Loaner Service (Including Shipping) • All Preventative Maintenance • All Repairs Gaumard Cares Gold 5 Year service plan for adult simulator Prices and taxes are subject to change without notice. To gather information about the products quote we invite you to visit our website: http://www.gaumard.com If you should have any questions, please feel free to contact your sales representative Michael Graf at michaelg@gaumard.com This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity and/or national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race. color. relioion. sex. sexual orientation. oender identitv. national oriain. erotected veteran status or disabilitv. 433 14700 SW 136th Street Miami FL 33196 T:305-971-3790 1 F:305-252-0755 Quoted To: Indian River Fire Rescue 4225 43rd Ave Vero Beach FL 32967 USA Quote Number: Quote Date: Page: Ship To: Indian River Fire Rescue 4225 43rd Ave Vero Beach FL 32967-1671 USA Contact: Steve Greer (772)360-6700 sgreer@ircgov.com Quotation 97721 12/05/22 3 of 3 Qty. Item Description Unit Price Amount 1 S3040.100.INST Training service and Istallation for HALO adult trauma simulator. Region specific $ 2,500.00 $ 2,500.00 81,765.00 All Quotes are subject to credit approval Subtotal Est. Freight & Customer must supply Sales Tax Exempt Certificate Handling 719.00 and W-9 with Purchase Order, if applicable. Est. Sales Tax 0.00 $ Total US$ 82,484.00 Gaumard Scientific is the sole source for this tetherless simulator(s). Estimated shipping date: Approximately 12 to 15 weeks after receipt of order. Shipment Via: UPS Ground `If you need credit approval, please submit completed customer form to GaumardCR@gaumard.com Prices and taxes are subject to change without notice. To gather information about the products quote we invite you to visit our website: http://www.gaumard.com If you should have any questions, please feel free to contact your sales representative Michael Graf at michaelg@gaumard.com This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity and/or national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without reoard to race. color, reliaion. sex. sexual orientation. aender identity, national origin. protected veteran status or disability. 4.34 3A RESOLUTION NO. 2022- 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 2022/2023 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 vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Deryl Loar Commissioner Laura Moss Chairman Jospeh Flescher and, upon being put to a The Chairperson thereupon declared the resolution duly passed and adopted this third day of December 2019. EMERGENCY SEVICES DISTRICT BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph H. Earman, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: By William K. DeBraal Assistant County Attorney 435