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HomeMy WebLinkAbout02/06/2024ZOR-W BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 6, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman William IC. DeBraal, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Pastor Jim Gallagher, Calvary Chapel of Vero Beach 3. PLEDGE OF ALLEGIANCE Chairman Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation on the Process for Establishing a Quiet Zone to Address Train Horn Noise Attachments: Staff Report 5.B. Presentation of Proclamation Recognizing African American Pioneer Reverend Carl L. Darrisaw Attachments: Proclamation 5.C. Presentation of Proclamation Recognizing African American Pioneer Ernie James Grier Attachments: Proclamation February 6, 2024 Page 1 of 6 6. APPROVAL OF MINUTES 6.A. Regular Meeting of December 05, 2023 6.11. Regular Meeting of December 12, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Elise Bruce on her Retirement from the Indian River County Sheriffs Office Attachments: Proclamation 7.B. Announcement by Ryan L. Butler, Clerk of Circuit Court and Comptroller, of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the FY 2022 Annual Comprehensive Financial Report (ACFR) and Award for Outstanding Achievement in Popular Annual Financial Reporting (PAFR) Attachments: Comptroller Division Staff Report 7.C. 1 st Quarter FY 2023/2024 Budget Report Attachments: Staff Report 1st Quarter Budget Report 7.D. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.E. February & March 2024 Special Events at the Intergenerational Recreation Center Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments January 12, 2024 to January 18, 2024 Attachments: Comptroller Division Staff Report 8.11. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport to Provide Interfacility ambulance Transportation Services Attachments: Staff Report Application Certificate 8.C. Approval of FWC Grant for Indian River County Derelict Vessel Removal Project Attachments: Staff Report FWC Grant Agreement 23214 January 2024 IRC DV Removal Map February 6, 2024 Page 2 of 6 8.D. Request for Stormwater Summer Camp 2024 Attachments: Staff Report S.E. Third Extension and Amendment to Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling (Bid 202102 1) Attachments: Staff Report Third Extension and Amendment 8.F. Approval of Continuing Geotechnical Engineering Consulting Services Rates Attachments: Staff Report Rate Schedules 8.G. Rejection of Responses to RFQ 2024028 for Asbestos Concrete Pipe Replacement Program, Area 3 Attachments: Staff Report 8.H. First Extension of License Agreement / Florida Institute of Technology Attachments: Staff Report License Agreement Letter Extension 8.I. Release of Retainage Bid 2023063 for Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Attachments: Staff Report Sandhill Invoice 8.J. Divosta Homes, LP's Request for Final Plat Approval for Preserve at Waterway Village POD "X" [PD -21-05-05 / 2004010124-95355] Attachments: Staff Report Location Map Final Plat Layout 8.K. Information Technology Office & Finance Office Remodel, IRC -2004 & 2205, Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 8.L. Change Order to Hinterland Group, Inc. for Construction of Lift Station #5 Improvements; IRCDUS Project ID: 21.23.504 Attachments: Staff Report Hinterland Group Change Order Proposal February 6, 2024 Page 3 of 6 8.M. Acceptance of Proposed Donation for Children's Week Event Attachments: Staff Report Children's Week Activity Flyer 2024 Golden Impact Award Recognition Save -The -Date 8.N. Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club Attachments: Staff Report Renewal Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 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 2023/24-2027/28 - [LEGISLATIVE] Attachments: Staff Report Ordinance Draft 2023 Capital Improvement Element Appendix A Appendix B Appendix C Appendix D 10.A.2. Consideration of an Ordinance of Indian River County, Florida, Amending the Zoning Ordinance and the Accompanying Zoning Map for +65.13 Acres from A-1, Agricultural -1 District to RM -6, Multiple Family Residential District (RZON96050010-95752) [Quasi -Judicial] Attachments: Staff Report Zoning Map Future Land Use Map Application Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak by Judy Greenberg of Roseland Women's Club, Inc. re: Roseland Celebration on February 17, 2024 Attachments: Request to Speak Roseland Women's Club, Inc. C. PUBLIC NOTICE ITEMS February 6, 2024 Page 4 of 6 10.C.1. Public Notice of Public Hearing for February 20, 2024, to Consider an Ordinance Amending Indian River County Code §305.11, Imposition of additional court costs in criminal cases pursuant to Section 939.185, Florida Statutes (2004), as amended. Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation 12.A.1. Environmental Land Bond - Introduction to the ArcGIS Hub/Dashboard Attachments: Staff Report H. Planning and Development Services I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. County Attorney Recruitment Process (Tabled from 1/23/24) Attachments: Commissioner's Memo B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman 14.C.1. Propose Installation of Drown Zero Stations Attachments: Commissioner's Memo D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS February 6, 2024 Page 5 of 6 A. Emergency Services District 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.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on 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. February 6, 2024 Page 6 of 6 5 A\. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM; County Administrator Prepared By: Erik D. Ferguson, PE, PTOE; County Traffic Engineer and Brian Freeman, AICP; MPO Staff Director Date: January 26, 2024 Subject: Presentation on the Process for Establishing a Quiet Zone to Address Train Horn Noise It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of February 6, 2024. DESCRIPTION, CONDITIONS, AND ANALYSIS On September 22, 2023, Brightline commenced passenger service from West Palm Beach to Orlando, which travels through Indian River County on the Florida East Coast (FEC) Railroad. Currently, an average of 53 trains (consisting of 32 Brightline passenger trains and 21 FEC freight trains travel daily through Indian River County). Federal regulations known as the Train Horn Rule require locomotives to sound a horn 15-20 seconds (two short, one long, and no more than % mile in advance) before entering a public highway -rail grade crossing. In addition, the Train Horn Rule specifies that locomotive horns must have a minimum sound level of 96 decibels and a maximum sound level of 110 decibels. Within Indian River County, train horns are sounded at all 32 railway crossings. Indian River County Code of Ordinances Section 306.04 contains a train horn ban from 10 PM to 6 AM. This ordinance is not enforceable as it was preempted in 2005 by the federal regulation Use of Railroad Locomotive Horns at Highway -Rail Grade Crossings 49 CFR 222 and 229. The configuration of the railway crossings in Indian River County in 2005 did not qualify for a train horn ban. Federal regulations permit the establishment of a quiet zone by a public authority with responsibility for traffic control or law enforcement. Within a quiet zone, train horns are not routinely sounded at crossings but may still be sounded in emergency situations. Federal regulations allow for two types of quiet zones: 1 • 24-hour quiet zones. • Nighttime only quiet zones (must be 10 PM — 7 AM). A quiet zone must be at least %2 mile in length and must include every crossing within the designated area. As part of the settlement agreement between Brightline and Indian River County, Brightline constructed quad gates last year at 25 crossings in the County. The remaining 7 crossings are either one-way (five crossings) or have a combination of exit gates and medians (two hybrid crossings). Federal regulations contain a maximum risk index for the establishment of a quiet zone. The 30 crossings consisting either of quad gates or one-way streets are designated by the Federal Railroad Administration (FRA) as "Supplemental Safety Measures" (SSMs) and automatically qualify for a quiet zone. The remaining two crossings, which are a hybrid of approved safety features, do not automatically qualify. The quiet zone regulations utilize an average risk index of all crossings in the quiet zone. Utilizing the risk reduction for the 2 hybrid crossings would require a formal application and approval by the FRA, would lengthen the time to implement a quiet zone, and require more frequent reporting to FRA. A review of the regulations and discussions with FRA staff concluded that a risk analysis utilizing all 32 crossings that neglects the risk reduction from the hybrid safety features at the 2 crossings would be the most efficient route to obtain a quiet zone as the risk index of neglecting the safety features at the two hybrid crossings would be averaged into the overall risk index score for all 32 crossings. A County wide quiet zone risk index score would be low enough to allow the County to self - designate the quiet zone which would avoid a lengthy formal application and approval by the FRA. Based on this level of safety improvements at crossings, County staff has received preliminary information that the only additional improvements needed to establish a County wide quiet zone will be the placement of signs at all crossings notifying the public that a train horn will not be sounded. The 32 crossings in Indian River County consist of 22 County roads, 5 City of Vero Beach roads, 3 City of Sebastian roads, and 2 state roads. County staff have also discussed quiet zones with City staff in Vero Beach and Sebastian, and both have indicated a preference to participate in a County wide quiet zone. In such a case, County staff will need to coordinate with City staff and FDOT to prepare interlocal agreements regarding maintenance responsibilities for railroad crossing signs and future reporting to FRA. The process to establish a quiet zone in Indian River County could take up to six months. During that time, County staff would need to prepare a Notice of Intent (NOI), respond to comments from the NOI, update the rail crossing inventory forms for all 32 crossings, collect traffic counts at all crossings, run the quiet zone risk calculator, prepare a Notice of Establishment, and install signs at all crossings. Should the County decide not to implement a County wide quiet zone, the City of Vero Beach and City of Sebastian could establish their own quiet zone within their municipal boundary. Florida Statutes and Federal regulations allow a municipal quiet zone to include the County crossings that are located within the municipal boundaries. 2 FISCAL IMPACT Additional maintenance of no train horn signage will be required and every 2 %to 3 years a Notice of Continuation will be required to be sent to the FRA. The Notice of Continuation will include affirming in writing that the SSMs implemented within the quiet zone continue to conform to the requirements, updating of grade crossing inventory forms, and updating of traffic counts at the affected roadways. These additional costs appear to be minimal and are not known at this time. RECOMMENDATION Staff recommends that the Board of County Commissioners provide direction to staff to begin the process on whether or not to establish a County wide quiet zone and also provide direction on whether the quiet zone should be all day (24 hours) or nighttime only (10 PM — 7 AM). 3 A 3/12/2024 Process for Establishing a 1 Ouiet Zone to Address Train A quiet zone is a section of a rail line that contains one What is a or more consecutive public crossings at which locomotive horns are not routinely sounded. Quiet Zone? A train may still sound its horn when: • A vehicle, persoq or animal is on or near the track and 1 the crew cletermines it is appropriate to provide warning. i • Track or construction workers are within 25 feet of a live track, or in other emergency cases. 3/12/2024 Current Conditions - 7"rad Horn Ruf (49 CFR 222) • All locomotives must sound the horn starting15-20 seconds before reaching fg a21844 Federal Register/Vol. 70 public highway -rail grade crossing. — I: DEPARTMENT OF TRANSPORTATION • In NO CASE may the horn be sounded Federal Railroad Administration b. more than 1/4 mile before the crossing. 49 CFR Parts 222 and 229 • Horn may be sounded for 25 seconds if lOocket No. FRA -1999-6439, Notleo*' engineer is unable to precisely estimate R1N 213o-AA7, time to crossing. g Use of Locomotive Horns at High+ , Rail Grade Crossings L. • Train horn decibel level must be between road AGENCY: tr aeralFRA),D Administration (FRA), Department of 96 dB(A) and 110 dB(A). Transportation (DOT). ACTION: Final rule. 3/12/2024 Trains Per Day day dight::: Total (Reference: Passenger trains per day - Brightlinetrain schedule January 2023, _ Freight 14_ : 7 .: .21.:: Freight trains per day - FRA grade crossing inventory forms, night trains 6 PM to 6 AM) Passenger 24 8 32 Total 38 15 3/12/2024 Indian River County Night Train Horn Ordinance Ban • Section 306.04 — Bans train horns from 10 p.m. to 6 a.m. • Not enforceable • 1991 — FRA Emergency Order 15 pre-empts 1984 Florida statute permitting local whistle bans at highway -rail grade crossings along FEC • 2005 - FRA Locomotive Horn Final Rule (49 CFR 222) establishes national regulations and pre-empts local ordinances Section 306.04. - Sounding of train horns or whistles between certain hours It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway crossing located within Indian River County, providing that the crossing is equipped with train -activated automatic i, traffic control devices, which shall include, flashing lights, bells and crossing gates (Ord. No. 90-28, § 1, 12-11-90) r: Quiet Zone Length Requirements Quiet . . Zone Legend • Quiet zone crossing Train horn crossing 0.25 mile 0.50 mile 0.25 mile min. min. min. • A Quiet Zone must be at least 1/2 mile long • There must be no other crossings within a 1/4 mile of the beginning or end of the quiet zone Quiet Zone Hours • All Day • 10PMto7AM j- 4 Who Can Create a Quiet Zone? (49 CFR 222.37) • A Public Authority with responsibility for traffic control or law enforcement of the crossing. • Rail Crossing Public Authorities in Indian River County: • City of Sebastian • City of Vero Beach • FDOT • Indian River County • If a Quiet Zone includes more than one Public Authority: • All agencies must agree • Actions must be taken jointly or by delegation Indian River County Railroad Crossings Roadway Ownership 3/12/2024 ■ County ■ Vero ■ Sebastian ■ FDOT 110. A"Am- �C �... Aaa �.,,, �,. �..a:;:,. ... � A •r off '^7� '�"'� !i- 4'� MWE 'ifili 741 wvr Legend FEC .,Railroad Crossing Road Maintenance Agency ewe 3/12/2024 -- 20th Street ^ g _ J !\� VIII I 1 IIIA at 16th - 17th Street • One-way crossings (SSM) - 5 • Three gate / median combination (ASM) — 2 SSMs at thirty crossings automatically qualify for a quiet zone ASMs at two crossings require analysis of risk level 3/12/2024 Quiet Zone Process For a quiet zone to be qualified, it must be shown that the lack of M' € xz� the train horn does not present a significant risk with respect to loss of life or serious personal 4 injury, or that the significant risk has been compensated for by other means. Preliminary Analysis of County Wide Quiet Zone: Quiet Zone Risk Index < Risk Index With Horns 4 No additional crossing improvements >' 4 No construction needed at crossings I-� No train horn signs required County Wide Quiet Zone Creation Process AOTRR maenA1111f.. .. .. • TOR �RTZOK Notice of intent w.. R� • Execute Interlocal agreements with FDOT, City of Sebastian, and City of Vero oil 1111 Beach • Obtain traffic counts " • Update grade crossing inventory forms • Run quiet zone risk calculator • Notice of establishment • Install signing and markings per current standards • Silence horns�'*"`°`� • Send affirmation and updated inventory form to FRA every 2.5-3 years 3/12/2024 Future Maintenance and Reporting Obligations • Maintenance of no train horn signage • Reporting - Every 2 1/2 to 3 years report Notice of Continuation to FRA • Notice of Continuation includes: • Affirm in writing that the SSMs implemented within the quiet zone continue to conform to the requirements • Update Grade Crossing Inventory Forms • Up-to-date traffic counts at the affected roadways IT, 9T.�.� Prepare Notice of Intent wwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwwwwwwww Rgs onpto Notice of intent comments wwwwwwwwwwwwwwwwwwwwwwww Agreements wwwwwwwwwwwwwwwwwwwwwwww Updatecal wwwwwwwwwwwwwwwwwwwwwwww ww wwwwwwwww wwwwwww wwwww - • ' ' wwwwwwwiwwwwww wwwwwwwwww - - - • • � wwwwwwwwwwwwwwwwwwwwwwww - wwwwwwwwwwwwwwwwwwwwwwww . - .' - - wwwwwwwwwwwwwwwwwwwwwwww . - • - - wwwwwwwwwwwwwwwwwwww •=.www �1 Wo Future Maintenance and Reporting Obligations • Maintenance of no train horn signage • Reporting - Every 2 1/2 to 3 years report Notice of Continuation to FRA • Notice of Continuation includes: • Affirm in writing that the SSMs implemented within the quiet zone continue to conform to the requirements • Update Grade Crossing Inventory Forms • Up-to-date traffic counts at the affected roadways N.: • City of Vero Beach and City of Sebastian — staff have expressed interest in participating in a county wide quiet zone • West Palm Beach - established quiet zone for new Brightline West Palm to Orlando service • Martin County - waiting one year Next Step Provide Direction Staff is requesting direction whether to begin the process of establishing a county wide quiet zone and the hours of the quiet zone, either: • All day • Partial 10 PM to 7 AM 3/12/2024 Proclamation RECOGNIZING AFRICAN AMERICAN PIONEER REVEREND CARL L. DARRISAW -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, Rev. Darrisaw attended Gifford Elementary and Gifford High School before moving to New York where he received a Bachelor's Degree in Psychology followed by a Doctor of Ministry; and -Whereas, he previously worked as a Parachute Rigger for the U.S. Army, a hospital Chaplain, Teaching Dean, and Pastor; he has traveled throughout the United States and South Korea to help those in need by providing ministry services; and -Whereas, in 2016 Rev. Darrisaw joined the Friendship Missionary Baptist Church in Gifford where he has touched the lives of countless congregation members, outside of church he frequently dedicates his time to attending County School Board and Affordable Housing Committee meetings; and -Whereas, Rev. Darrisaw is Minister to the F.U.E.L. Men's group in Sebastian, a member of the American Legion Hall and is building an alliance between African American and Jewish Americans; he is an avid supporter of Gifford Youth Achievement Center and the Gifford Historical Museum. Now, Therefore, be it ProcCaimedby the Boardof County Commissioners of Indian River County, FCorida, that the actions of Reverend Carl L. Darrisaw have greatly enriched Indian River County. He has selflessly dedicated his life to serve, support, and assist members of our community. Adopted this 6th day of February, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Proclamation RECOGNIZING AFRICAN AMERICAN PIONEER ERNIE JAMES GRIER -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and Whereas, Ernie James Grier was born and raised in Indian River County; he moved to Gifford in 1958 and in 1969 he attended Vero Beach High School as it was desegregated for the first time; and -Whereas, Mr. Grier worked as an EMT for a volunteer ambulance helping the vulnerable and those in need before enlisting in the Army; and -Whereas, upon being honorably discharged, Mr. Grier joined the Press Journal where he worked as a cameraman, photographer, and pressman and was frequently the first on the scene in many of the county's major events and cases, he would later create the Indian River Times newspaper and Gifford Life magazine; and -Whereas, in 2021 Mr. Grier was instrumental in the fruition of the Gifford Water Tower which now stands as a symbol of the resiliency and pride Gifford residents exemplify. Now, 71herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, we applaud Ernie James Grier and his outstanding contributions to the community. He has been paramount in preserving the culture, heritage and sense of place in Gifford while showing great passion for its great citizens. Adopted this 6th day of February, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 1 Proclamation HONORING ELISE BRUCE ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE `Whereas, Elise Bruce is retiring from the Indian River County Sheriff's Office, effective February 29, 2024; and -Whereas, Elise began her journey at the Indian River County Sheriffs Office on May 19, 1986, and has served with distinction for over thirty-six years; and -Whereas, Elise began her career as a Corrections Deputy, but spent the majority of her service to the citizens as Public Safety Dispatcher; and -Whereas, over her tenure, Elise received many acknowledgements and commendations for her efforts, including Life Saving, Going the Extra Mile, Honorable Service, Dispatcher of the Year and Exceptional Duty; and -Whereas, Elise worked diligently under five sheriffs to protect and serve the citizens of Indian River County and the State of Florida; and 'Whereas, Elise's remarkable dedication to her profession has earned her the appreciation of Sheriff Flowers and all those who have had the honor of working with her. wow, i erefore, be it Proclaimed dy the Board of County Commissioners of Indian River County, Ftrorida, that the Board lauds the contributions Elise Bruce has made to the citizens of Indian River County during her highly successful law enforcement career and wishes her a happy and prosperous retirement. Adopted this 6th day of February 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to Indian River County Florida For its Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2022 Executive Director/CEO OA Government Finance Officers Association Award for Outstanding Achievement in Popular Annual Financial Reporting Presented to Indian River County Florida For its Annual Financial Report For the Fiscal Year Ended September 30, 2022 Executive Director/CEO 8 INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: January 24, 2024 SUBJECT: 1st Quarter FY 2023/2024 Budget Report THROUGH: John A. 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N C) C) LO IR of 10 e4 LO LO Iq fT �o f a U U z Q M z z w P N M O Lo n N CD O LO o 1 hf 04 co #J.r , 10 _O 1 O � 4�} 1 O 1 N i I" 10 1 LU Q E O: W O� O f N < M < O < M < LC) 1 N f N1 LO m r" N Indian River County Venue Event Calendar — February 2024 For more www.indianriver.gov TREASURE COAST RIBS, WINGS AND MUSIC FESTIVAL Friday, Saturday and Sunday, February 2, 3, & 4 @ IRC Fairgrounds • Friday, 3:00pm-8:00pm. Cost $10. • Saturday, 12:00pm-8:00pm. Cost $10. • Sunday, 12:00pm-6:00pm. Cost $10. ➢ All ages are welcome. ➢ If you are a fan of BBQ Ribs and Chicken Wings, then you cannot miss the Treasure Coast Ribs Wings and Rock Festival - Get Ready to Feast on Delicious BBQ and Rock Out at the 5th Annual Treasure Coast Ribs Wings and Music Festival! ➢ Go to Eventbrite.com for tickets. PICKLEBALL CLASSIC Saturday, February 3 @ iG Center • 9:00am. Cost $25 per player. ➢ Ages 16 & older. ➢ Join us for the Vero Beach Winter Pickleball Classic Mixed Doubles Tournament. The cost includes a T-shirt. ➢ To register contact 772-226-1780 or visit www.indianriver.gov/parksandrecreation. LECTURE AND GUIDED BIRDING EXPERIENCE Sunday, February 4 @ iG Center • 9:00am-11:00am. FREE! Wednesday, February 21 @ South Prong Preserve • 8:00am-11:00am. FREE! ➢ All ages are welcome. ➢ Join distinguished bird watcher David Simpson as we explore the wonderful world of Birding! Participants will enjoy the comprehensive birding experience offered when combining our lecture series with the guided experience! ➢ To register contact 772-226-1780 or conservation@indianriver.gov. 22 POKEMON CLUB Monday, February 5 @ Main Library • 3:30pm-S:00pm. FREE! ➢ Ages 6-12. ➢ Bring your cards to trade, Switch to play orjust come as you are, and join us for an informal monthly meeting for Pokemon enthusiasts. Registration is not required. ➢ For more information contact Patti Fuchs at pfuchs@indianriver.gov or 772-400-6318. LEARN YOUR LIBRARY Wednesday, February 7 @ Main Library • 3:45pm-5:OOpm. FREE! ➢ Ages 7-12. ➢ Would your student like to improve their library skills? Then join us for this workshop that will delve into how to use the catalog and locate books more efficiently. No registration is required. ➢ For more information contact Patti Fuchs pfuchs@indianriver.gov or 772-400-6318. MOTHER DAUGHTER VALENTINE AFFAIR Saturday, February 10 @ iG Center • 10:OOam-11:30am. Cost $12.50 per person. ➢ Ages 4-12. ➢ Get ready for a morning of love, laughter, and endless fun at our Mother Daughter Valentine Affair. Enjoy scrumptious food and delightful surprises. ➢ To register contact 772-226-1780 or visit www.indianriver.gov/parksandrecreation. PSYCHIC AND ODDITIES MARKET Saturday, February 10 @ IRC Fairgrounds Expo Center • Saturday, 12:OOpm-5:OOpm. Cost $18.99. ➢ All ages are welcome. ➢ Meet vendors, holistic practitioners, oddities, collectors, and more. Reserve tickets in advance as these events sell out. ➢ Tickets must be purchased online at www.grimoireacademy.com. GALA OF THE ROYAL HORSES Saturday, February 10 @ IRC Fairgrounds AG Pavilion • Saturday, 3:OOpm-5:OOpm. Cost $25-$60 ➢ All ages are welcome. ➢ To purchase tickets go to etix.com. 23 DAVE DELUCA: THE CROONER Tuesday, February 13 @ Brackett at the College • 6:00pm. FREE! ➢ Ages 18 & older. ➢ Dave DeLuca will perform a live musical tribute to the romantic songs made popular by crooners such as Engelbert Humperdinck, Tony Bennett, Elvis Presley, Bobby Darin, Julio Iglesias, Dean Martin, Mel Torme, Charles Aznavour, Bing Crosby, Frank Sinatra, Michael Buble, and more. DeLuca is an accomplished singer, songwriter, musician, and recording engineer, who has been performing music for over 40 years. ➢ For more information contact Hollie McDougall at 772-400-6366 or.hmcdougall@indianriver.gov LAUGH AND LEARN Thursday, February 15 @ North County Library • 10:30am-11:30am. FREE! ➢ Ages 18 & older. ➢ On the third Thursday of each month Nancy Johnson hosts a series of interactive, fun, and educational presentations. ➢ For more information contact Katherine at 772-400-6356 or kanderson@indianriver.gov 9 .11101610lJZ1 L•103>i; &710111/_Ll Friday, February 16 @ Main Library • 1:00pm-3:00pm. FREE! ➢ Ages 18 & older. ➢ Join us to celebrate the power of friendship and connection in honor of International Friendship Month. Bring a friend or come make new friends, it's all about building connections. Friends are an invaluable gift, so let's have some fun together! Light refreshments will be provided. RSVP encouraged! ➢ For more information or to RSVP contact Karrie at kcole@indianriver.gov or 772-400-6310. THUNDER ON THE BEACH POW WOW Friday, Saturday and Sunday, February 16, 17, & 18 @ IRC Fairgrounds • Friday, 4:00pm-9:30pm. Cost $8. • Saturday, 10:00am-9:30pm. Cost $8. • Sunday, 10:00am-4:00pm. Cost $8. ➢ All ages are welcome. ➢ Spectators can expect to see and learn about part of the Native American culture. There will be intertribal dancing with natives coming to dance from all around the country and Mexico. Many tribes will be represented, and spectators will even have a chance to learn how to dance. There will be Teepee's set up so you can get an up -close view of these magnificent lodges. ➢ For camping and tickets visit fiha.us/store 24 ROSELAND CELEBRATION Saturday, February 17 @ Roseland Community Park • 8:00am-1:00pm. Free. • Hosted by Roseland Women's Club, Roseland Community Association & Friends of the St. Sebastian River ➢ All ages are welcome. Entertainment at 9:30am and 11:00am. Food and beverages for sale. ➢ Celebration of the newly renovated community building & riverfront clean-up. ➢ Open Air Market — vendors selling plants, crafts, and yard sale items. ➢ Kids Craft Booth & Educational Booths on Gopher Tortoise, Water Quality, Local History. WINTER WONDERLAND DADDY DAUGHTER DANCE Saturday, February 17 @ iG Center • 6:00pm-8:30pm. Cost $40 per couple; $10 per additional child. ➢ Ages 3-12. ➢ Step into a world of sparkling snowflakes, whimsical decorations, and joyful melodies at our annual Daddy Daughter Dance. ➢ To register contact 772-226-1780 or visit www.indianriver.gov/parksandrecreation. TANGHULU MAKING Wednesday, February 21 @ North County Library • 5:00pm. FREE! ➢ Ages 12-18. ➢ Teens, are you craving a burst of flavor and fun? Look no further than tanghulu, the enchanting Chinese street food that's sure to tantalize your taste buds! Imagine this: luscious fruits, like plump strawberries, crisp grapes, or juicy mandarins, glistening in a shatteringly crisp shell of rock sugar. Each bite explodes with a sweet -tart symphony, sending your senses on a joyous journey. ➢ For more information contact Gi Lee at glee@ indianriver.gov or 772-400-6308. SPRING FORAGE FIELD DAY Friday, February 23 @ Silver Spurs Clubhouse, Kenansville • 9:00am-2:00pm. FREE! ➢ Ages 18 & older. ➢ A hands-on field day geared towards agricultural producers to learn all about cool season forages. Lunch is included. ➢ To register, go to bit.ly/3tYXHoW BEEKEEPING BASICS Saturday, February 24 @ Indian River County Extension Office • 9:00am-1:00pm. Cost $20. ➢ All ages are welcome. Youth must be accompanied by an adult. ➢ Participants will learn how to get started with beekeeping -topics include honeybee biology and behavior, supplies, hive installation and inspection, pest management, and honey harvesting. ➢ To register, go to bit.ly/46BwpmO 25 AIR POTATO CLEANUP Saturday, February 24 @ Locations to be assigned. • 9:00am-12:00pm. FREE! ➢ All ages are welcome. ➢ One potato, two potato, three potato, four... Help us get ahead of the spread of this invasive plant by participating in Air Potato Cleanup. ➢ RSVP by February 16 to 772-226-1780 or conservation@ indianriver.gov VERO BEACH BLUES FESTIVAL Saturday and Sunday, February 24 & 25 @ IRC Fairgrounds • Saturday, 11:00am-10:00pm. Cost $15. • Sunday, 11:00am-5:00pm. Cost $15. ➢ All ages are welcome. ➢ A unique 2 -day music festival experience combining the love of the Blues music talent live on stage and the power of the human spirit! Lose yourself at the event on 40 acres of amazing, enjoy the journey. ➢ For more information or tickets visit etix.com HANDGUN 101 Sunday, February 25 @ IRC Public Shooting Range • 9:00am-2:00pm. Cost $100. ➢ A complete guide to understanding the basics of firearm ownership, safety, nomenclature and how it applies to self-defense. This course is taught by an NRA Certified Instructor. Upon successful completion participants will receive a certificate that may be submitted to the State of Florida as proof of training if applying for a CCWP. ➢ Go to www.indianriver.gov/range to register or call 772-226-3096. GUITARIST CHRIS KAHL Tuesday, February 27 @ North County Library • 6:00pm. FREE! ➢ Ages 18 & older. ➢ Chris is a folk musician who writes and plays original songs about Florida and notable Floridians, like Henry Flagler. ➢ For more information contact Katherine at kanderson@indianriver.gov or 772-400-6356. 100 MILE SWIMCLUB Daily @ North County and Gifford Aquatic Centers ➢ All ages are welcome. ➢ Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all year long by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North county or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. ➢ All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam and be invited to the end of the year potluck and recognition ceremony. 26 ➢ Swimmer who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. ➢ Sign up at either facility today and just keep swimming! ADULT OPEN GYM BASKETBALL Tuesday and Thursday @ iG Center • 8:30am-12:OOpm. Cost $3. ➢ Adults 18 & older. ➢ Time where the gymnasium is available to adults to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information. AQUAFIT Tuesday, Wednesday, Thursday, Year -Round @ North County Aquatic Center • 9:30am-10:30am. Cost $4 (or 8 class pass $28). Friday, 10:30am-11:30am @ Gifford Aquatic Center ➢ All ages are welcome. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center (772) 226-1752. BOARD GAMES Thursday @ iG Center • 1:OOpm-4:OOpm. Cost $1. ➢ Ages 18 & older. ➢ Join us for a fun filled afternoon playing some of our favorite board games! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. BRIDGE CLASS Thursday @ iG Center • 4:OOpm-6:OOpm. Cost $3. ➢ Ages 15 & older. ➢ This informal Bridge Class is designed for beginner to intermediate players. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. COLORING & COFFEE Tuesday @ iG Center • 9:OOam-10:OOam. Cost $1. ➢ Ages 18 & older. ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780. 27 COUNTRY LINE DANCING Tuesday @ iG Center • 6:30pm-7:30pm. Cost $3. ➢ Ages 14 & older. ➢ Join us for a fun evening of Country Line Dancing! Instruction and lessons provided. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. GENTLE CHAIR YOGA Monday, Tuesday & Thursday @ iG Center • Monday, 10:30am-11:30am; Tuesday and Thursday, 12:00pm-1:00pm. Cost $5. ➢ All ages welcome! ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HEALTHIER YOU WEDNESDAYS Third Wednesday, @ iG Center • 11:00am-12:00pm. FREE! ➢ All ages welcome. ➢ Join Nutrition Educator Amanda Trott to learn the importance of healthy food choices and how to live a healthier more nutritious lifestyle. This event runs through April. ➢ For more info call us at 772-226-1780. HOME GARDENING LECTURE SERIES Second Tuesday @ Brackett Library • 12:00pm-4:00pm. FREE! ➢ Ages 18 & older. ➢ Participants will learn about a variety of home gardening topics. They can register for one lecture or the entire series. The series will run through April 9, 2024. ➢ To register, go to bit.ly/46BwpmO Second Thursday @ North County Library • 10:00am-1:00pm. FREE! ➢ Ages 18 & older. ➢ Participants will learn about a variety of home gardening topics. They can register for one lecture or the entire series. The series will run through April 11, 2024. ➢ To register, go to bit.ly/46BwpmO HOMESCHOOL PE Tuesday @ iG Center • 3:00pm-4:00pm. Cost $3. ➢ Ages 4-10 years. Limited spots please register. ➢ A great chance for children to exercise and make new friends. Teaching children valuable life skills such as teamwork, fairness, and good sportsmanship. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 28 IRC STEEL CHALLENGE Last Friday of every month@ IRC Shooting Range • Begins at 9:OOam. Cost $20.00 plus tax, includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. MAHJONG Tuesday and Thursday @ iG Center • Tuesday 10:OOam-1:OOpm; Thursday 10:OOam-1:OOpm. Cost $2. ➢ Ages 18 & older. ➢ Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. MAT PILATES Tuesday and Thursday @ iG Center • 9:15am-10:15am. Cost $12. ➢ All ages welcome. ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. OPEN GYM PICKLEBALL Monday, Wednesday and Friday @ iG Center • 8:30am-11:30am and 12:OOpm-3:OOpm. Cost $3. Tuesday and Thursday @ iG Center • 12:OOpm-3:OOpm. Cost $3. Saturday @ iG Center • 8:30-11:30pm. Cost $3. ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information. PICKLEBALL CLASSES —WITH DEREK PRINCE Monday (twice monthly, dates vary) @ iG Recreation Center • 12:30pm-2:OOpm. $30 per class. ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy/ Intro to Pickleball ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 29 OPEN PLAY PING PONG Monday @ iG Center • 5:30pm-8:30pm. Cost $3. ➢ Whether you're a beginner or seasoned pro it's the perfect way to improve your skills, meet new people, and have a blast! Mark your calendar and get ready to unleash your ping pong skills! No registration required! ➢ For more info call us at 772-226-1780. PRE-SCHOOL TUMBLING Friday @ iG Center • 10:15am, 1:00pm, and 4:00pm. Cost $3 pre -registered; $5 at the door. ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. ➢ Improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. QI GONG Tuesday @ iG Center • 10:00am-11:00am. Cost $12. ➢ No special clothing or equipment required. Stand or Sit. Walk-ins welcome. ➢ Leave refreshed, relaxed and joyful. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9:00am. Cost $12.60 standard range fee. ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SENIOR WALKING CLUB • Tuesday @ 8:30am-9:00am @ MLK, Jr. Walking Trail & Park. FREE! • Tuesday @ 9:30am-10:00am @ Victor Hart Sr. Community Center Enhancement Complex ➢ Led by Certified Walk with Ease Instructor & Recreation Leader. ➢ For more information call 772-226-1780. SENIOR WELLNESS -AEROBICS AND WEIGHTS Monday, Wednesday and Friday @ iG Center • 8:45am-9:45am and 10:00am-11:00am. FREE! Tuesday @ Wabasso Community Center • 7:00am-8:00am. FREE! ➢ Special programming for our 55+ community to have social interaction and light exercise activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780. 30 SENIOR WELLNESS — ROCK AND ROLL CARDIO Thursday @ Wabasso Community Center • 7:OOam-8:OOam. FREE! Thursday @ iG Center • 10:30am-11:30am. FREE! ➢ Similar to our regular Senior Wellness Program for 55 & older but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780. SHINE LIGHT WITH CRYSTAL Saturday @ iG Center • 9:OOam-10:OOam. Cost $10. ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation-to register or call 772-226-1780. STRETCH & FLEX Monday, Tuesday and Thursday @ iG Center • 9:15am-10:15am. Cost $5. ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SWIM LESSONS Private swim lessons are available through the fall and winter. • Cost $80 per person; scholarships available for those who qualify. ➢ The cost includes four 25 -minute lessons. ➢ For information, call the North County Aquatic Center at772-226-1752 of the Gifford Aquatic Center at 772-226-1175. THURSDAY NIGHT LIGHTS Thursday @ IRC Shooting Range • 5:OOpm-9:OOpm. ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. UP BEAT BOXING Tuesday and Thursday @ iG Center • 3:OOpm-4:OOpm. FREE! ➢ Boxing fitness class geared for ages 55 +. Held twice a week to get you out, active and UP -BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. 31 VETERANS YOGA PROJECT — MINDFUL RESILIENCE Wednesday @ iG Center • 2:OOpm-3:OOpm. FREE! ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez. ➢ Class open to active and retired military, first responders, their families, caregivers and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. YOGA-LATES Tuesday and Thursday @ iG Center • 10:30am-11:30am. Cost $8. ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go towww.indianriver.gov/parksandrecreation to register or call 772-226-1780. SAVE THE DATE! INDIAN RIVER COUNTY FIREFIGHTERS' FAIR March 8-17, 2024 @ IRC Fairgrounds • More information and ticket sales at firegightersfair.org or call 772-571-3247. 32 INDIAN RIVER COUNTY, FLORIDA INFORMATIONAL ITEM Parks, Recreation & Conservation Department Intergenerational Recreation Center Date: January 17, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Joshua Chandler, Recreation Facilities Supervisor Subject: February & March 2024 Special Events at the Intergenerational Recreation Center Special events abound this spring with the Parks, Recreation & Conservation Department! The Department is hosting the 23rd Annual Daddy Daughter Dance on February 17th from 6-8pm. The event is back by popular demand and has been a success since 2001. This event is for fathers and daughters ages 3-12. Registration is open to the first 200 couples or February 9th. Tickets sell quickly, don't wait! The First Annual Valentine's Day Mommy Daughter Brunch will be held on February 10th, from 10-11:30am. Daughters ages 4-12 years old are welcome. Tickets are on sale for $12.50 per person. Registration is open to 35 couples or February 3rd. Finally, we will round out March 16th with our "Boots and Buddies" Mother and Son Event from 11:30am-2pm. This event will be a boot-scootin' boogy-in' good time featuring our first outdoor mommy and son event with lunch, dancing, and some special guests! The cost for this event will be $42.80 per couple and each additional son will be $10.70. Registration is open to 200 couples or until March 7b. You can register for these events online at IndianRiver.gov/ParksandRecreation with your Civic Rec Account or by visiting any recreation facility. Call 772-226-1780 for more information or assistance in registering. Volunteer Opportunities: Anyone interested in volunteering for these (or any recreation) events may contact the Intergenerational Center (772) 226-1780 or sign up using the Volunteer Opportunities section on our Parks, Recreation & Conservation Civic Rec registration page. There are positions open in setup, check in station, guest assistance, food service, drink station, cupcake station, game judges and more. The Parks, Recreation & Conservation Department encourages the community to attend and enjoy these wonderful events! APPROVED AGENDA ITEM FOR FEBRUARY 6.2024 33 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 2711, Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: January 18, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 12, 2024 to January 18, 2024 3.7A\a 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 Division, for the time period of January 12, 2024 to January 18, 2024. 34 Afoul 'AMMAi1,41010el TRANS NBR DATE VENDOR AMOUNT 445487 01/18/2024 INTERNATIONAL GOLF MAINTENANCE INC 990.00 445488 01/18/2024 TLC DIVERSIFIED INC 244,066.39 445489 01/18/2024 MBV ENGINEERING INC 4,188.50 445490 01/18/2024 MASTELLER & MOLER INC 1,555.00 445491 01/18/2024 SOUTHERN MANAGEMENT LLC 4,860.00 445492 01/18/2024 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,983.00 445493 01/18/2024 TETRA TECH INC 2,999.46 445494 01/18/2024 CONSOR ENGINEERS LLC 146,311.29 445495 01/18/2024 J -MAC CLEANING SERVICES INC 5,591.66 445496 01/18/2024 ALLEN CONCRETE & MASONRY INC 926.44 445497 01/18/2024 SPIEZLE ARCHITECTURAL GROUP INC 10,250.00 445498 01/18/2024 SPIEZLE ARCHITECTURAL GROUP INC 1,377.00 445499 01/18/2024 DICKERSON INFRASTRUCTURE INC 143,272.16 445500 01/18/2024 FLORIDA WATER & POLLUTION CONTROL 355.00 445501 01/18/2024 SOUTHEAST DESALTING ASSOCIATION 250.00 445502 01/18/2024 KIMBERLY K MOIRANO 12.99 445503 01/18/2024 FLORIDA WATER RESOURCES CONFERENCE INC 525.00 445504 01/18/2024 FL ASSOCIATION OF PUBLIC PROCUREMENT OFFICIA] 700.00 445505 01/18/2024 BRYAN BEAVERS 177.47 445506 01/18/2024 AT&T WIRELESS 296.58 445507 01/18/2024 AT&T WIRELESS 157.40 445508 01/18/2024 AT&T WIRELESS 880.61 445509 01/18/2024 AT&T WIRELESS 748.05 445510 01/18/2024 AT&T WIRELESS 889.36 445511 01/18/2024 CLERK OF CIRCUIT COURT 272.12 445512 01/18/2024 CLERK OF CIRCUIT COURT 790.10 445513 01/18/2024 AT&T CORP 1,318.74 445514 01/18/2024 AT&T CORP 848.70 445515 01/18/2024 FLORIDA POWER AND LIGHT 3,620.31 445516 01/18/2024 SUNSHINE STATE ONE CALL OF FL INC 2,232.93 445517 01/18/2024 CELICO PARTNERSHIP 1,647.64 445518 01/18/2024 TENTS N EVENTS INC 400.00 445519 01/18/2024 ELITE TENT COMPANY 200.00 445520 01/18/2024 EXCHANGE CLUB OF VERO BEACH 200.00 445521 01/18/2024 AC VETERINARY SPECIALTY SERVICES 200.00 445522 01/18/2024 CANARX GROUP INC 5,557.00 445523 01/18/2024 BOTTOMS UP BEVERAGE OF FLORIDA LLC 612.80 445524 01/18/2024 CROSSROADS CHRISTIAN FELLOWSHIP 200.00 445525 01/18/2024 CHANGE HEALTHCARE LLC 27,461.94 445526 01/18/2024 LOWES COMPANIES INC 22.76 445527 01/18/2024 SMILE DIRECT CLUB LLC 200.00 445528 01/18/2024 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 445529 01/18/2024 CASA AMIGO MEXICAN KITCHEN LLC 200.00 445530 01/18/2024 UTIL REFUNDS 184.59 445531 01/18/2024 UTIL REFUNDS 2,933.00 445532 01/18/2024 PORT CONSOLIDATED INC 1,215.31 445533 01/18/2024 GUARDIAN EQUIPMENT INC 6,684.00 445534 01/18/2024 COMMUNICATIONS INTERNATIONAL INC 224.00 445535 01/18/2024 COMMUNICATIONS INTERNATIONAL INC 126.00 445536 01/18/2024 SSES INC 2,652.14 445537 01/18/2024 TEN -8 FIRE EQUIPMENT INC 2,515.60 445538 01/18/2024 VERO CHEMICAL DISTRIBUTORS INC 332.05 445539 01/18/2024 CHISHOLM CORP OF VERO 345.00 445540 01/18/2024 SAFETY PRODUCTS INC 2,147.59 445541 01/18/2024 PARALEE COMPANY INC 684.41 445542 01/18/2024 E -Z BREW COFFEE & BOTTLE WATER SVC 106.00 1 35 TRANS NBR DATE VENDOR AMOUNT 445543 01/18/2024 INDIAN RIVER BATTERY 109.50 445544 01/18/2024 GRAINGER 671.27 445545 01/18/2024 CLIFF BERRY INC 1,076.65 445546 01/18/2024 TIRESOLES OF BROWARD INC 4,288.09 445547 01/18/2024 ABCO GARAGE DOOR CO INC 1,059.70 445548 01/18/2024 JOHN C HINTON 1,190.00 445549 01/18/2024 MIDWEST TAPE LLC 1,090.57 445550 01/18/2024 NORTHERN SAFETY CO INC 345.63 445551 01/18/2024 ODYSSEY MANUFACTURING CO 31,220.10 445552 01/18/2024 CENGAGE LEARNING INC 191.26 445553 01/18/2024 PING INC 1,431.24 445554 01/18/2024 INDIAN RIVER COUNTY HEALTH DEPT 290.00 445555 01/18/2024 CITY OF VERO BEACH 790.01 445556 01/18/2024 HOME DEPOT USA INC 41.16 445557 01/18/2024 UNITED STATES POSTAL SERVICE 20,000.00 445558 01/18/2024 LIVINGSTON PAGE 100.00 445559 01/18/2024 JANITORIAL DEPOT OF AMERICA INC 986.33 445560 01/18/2024 ROGER CLEVELAND GOLF INC 14,219.20 445561 01/18/2024 ACUSHNET COMPANY 3,251.97 445562 01/18/2024 WEST PUBLISHING CORPORATION 208.39 445563 01/18/2024 TYLER TECHNOLOGIES INC 1,480.00 445564 01/18/2024 COMO OIL COMPANY OF FLORIDA 456.54 445565 01/18/2024 SOUTHEAST DESALTING ASSOCIATION 40.00 445566 01/18/2024 CALLAWAY GOLF SALES COMPANY 2,518.89 445567 01/18/2024 FLORIDA POWER AND LIGHT 15,346.24 445568 01/18/2024 FLORIDA POWER AND LIGHT 9,525.68 445569 01/18/2024 CITY OF FELLSMERE 294.56 445570 01/18/2024 GLOBAL GOLF SALES INC 292.77 445571 01/18/2024 LANGUAGE LINE SERVICES INC 123.54 445572 01/18/2024 COMPLETE ELECTRIC INC 330.00 445573 01/18/2024 TREASURE COAST SPORTS COMMISSION INC 1,165.00 445574 01/18/2024 TRANSPORTATION CONTROL SYSTEMS 11,701.00 445575 01/18/2024 JOHN BROWN & SONS INC 7,000.00 445576 01/18/2024 DAVCO ELECTRICAL CONTRACTORS CORP 4,202.27 445577 01/18/2024 SYMBIONT SERVICE CORP 189.85 445578 01/18/2024 NATIONAL ASSOC OF ENVIRONMENTAL 175.00 445579 01/18/2024 ECONOLITE CONTROL PRODUCTS INC 2,389.13 445580 01/18/2024 AMERICAN SOCIETY OF COMPOSERS 867.00 445581 01/18/2024 FLORIDA SECTION IMSA 720.00 445582 01/18/2024 HULETT ENVIRONMENTAL SERVICES 105.00 445583 01/18/2024 SYNAGRO-WWT INC 80,518.02 445584 01/18/2024 FASTENAL COMPANY 933.47 445585 01/18/2024 SOUTHERN JANITOR SUPPLY INC 2,388.61 445586 01/18/2024 ETR LLC 354.02 445587 01/18/2024 SESAC INC 1,888.00 445588 01/18/2024 JOHNNY B SMITH 125.00 445589 01/18/2024 PETER J CASSARA 2,175.00 445590 01/18/2024 NICOLACE MARKETING INC 5,671.00 445591 01/18/2024 HELPING ANIMALS LIVE-OVERCOME 25.00 445592 01/18/2024 STAT MEDICAL DISPOSAL INC 235.00 445593 01/18/2024 CLOVERLEAF CORPORATION 3,848.30 445594 01/18/2024 FLORIDA ARMATURE WORKS INC 9,203.14 445595 01/18/2024 SYN-TECH SYSTEMS INC 2,350.00 445596 01/18/2024 OVERDRIVE INC 1,818.34 445597 01/18/2024 PROMATIC INC 44.93 445598 01/18/2024 PROMATIC INC 290.93 445599 01/18/2024 NEWSOM OIL COMPANY 2,092.50 445600 01/18/2024 CARDINAL HEALTH 110 INC 799.60 445601 01/18/2024 KYLE ANDERSON 1,800.00 2 36 TRANS NBR DATE VENDOR AMOUNT 445602 01/18/2024 BURNETT LIME CO INC 4,343.40 445603 01/18/2024 PENGUIN RANDOM HOUSE LLC 249.37 445604 01/18/2024 BSN SPORTS INC 149.94 445605 01/18/2024 STS MAINTAIN SERVICES INC 5,985.74 445606 01/18/2024 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,432.20 445607 01/18/2024 CATHEDRAL CORPORATION 1,349.96 445608 01/18/2024 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,253.24 445609 01/18/2024 GOTTA GO GREEN ENTERPISES INC 344.21 445610 01/18/2024 AWC INC 6,390.00 445611 01/18/2024 MATHESON TRI -GAS INC 20,159.04 445612 01/18/2024 UNITED AGAINST POVERTY INC 108.68 445613 01/18/2024 WILLIS SPORTS ASSOCIATION INC 3,592.50 445614 01/18/2024 COLE AUTO SUPPLY INC 2,872.30 445615 01/18/2024 KONICA MINOLTA BUSINESS SOLUTIONS 115.29 445616 01/18/2024 BETH NOLAN 180.00 445617 01/18/2024 CORE & MAIN LP 10,831.32 445618 01/18/2024 BROWNELLS INC 12,969.44 445619 01/18/2024 WOERNER AGRIBUSINESS LLC 152.00 445620 01/18/2024 ENGINEERED SERVICES INC 312.00 445621 01/18/2024 VISTA OUTDOOR SALES LLC 211.76 445622 01/18/2024 AMAZON CAPITAL SERVICES INC 5,696.80 445623 01/18/2024 TREASURE COAST PLUMBING LLC 357.80 445624 01/18/2024 PACE ANALYTICAL SERVICES LLC 6,670.21 445625 01/18/2024 MULLINAX FORD OF VERO BEACH 405.90 445626 01/18/2024 JUDITH A BURLEY 207.50 445627 01/18/2024 R&S RADIO LLC 800.00 445628 01/18/2024 CIVICPLUS LLC 5,686.67 445629 01/18/2024 KRONOS SAASHR INC 257.04 445630 01/18/2024 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 991.31 445631 01/18/2024 BLUE GOOSE CONSTRUCTION LLC 2,530.01 445632 01/18/2024 STAPLES INC 26.39 445633 01/18/2024 LOWES COMPANIES INC 1,286.34 445634 01/18/2024 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 445635 01/18/2024 ROBERT A HUDSON 75.00 445636 01/18/2024 THEODORE SEMI 75.00 445637 01/18/2024 QUADMED INC 3,870.56 445638 01/18/2024 J -MAC CLEANING SERVICES INC 433.33 445639 01/18/2024 BRITTON INDUSTRIES INC 81.78 445640 01/18/2024 LAWRENCE F WALLIN 75.00 445641 01/18/2024 ELECTRONIC SECURITY & TECHNOLOGY INC 119.94 445642 01/18/2024 VETERAN FIRE SERVICES INC 1,100.00 445643 01/18/2024 SHRIEVE CHEMICAL CO LLC 8,472.51 445644 01/18/2024 BTAC HOLDING CORP 1,343.72 445645 01/18/2024 PB PARENT HOLDCO LP 183.00 445646 01/18/2024 BROOKS HEATING & A/C LLC 940.00 445647 01/18/2024 SEVEN ISLES CAPITAL 81.00 445648 01/18/2024 SCOTT SEELEY 25.00 445649 01/18/2024 VERO BEACH GOLF CARS LLC 197.85 445650 01/18/2024 RONALD MARASCO SR 50.00 445651 01/18/2024 TAYLOR NELSON AUXIER 50.00 445652 01/18/2024 PREMIER NURSERIES LLC 3,655.00 445653 01/18/2024 XEROX CORPORATION 2,341.74 445654 01/18/2024 AIRVAC INC 813.10 445655 01/18/2024 CAROL W SCHULZ 215.00 445656 01/18/2024 ARTHUR J MALTY 25.00 445657 01/18/2024 JOHN DIGIACOMO 50.00 445658 01/18/2024 BATES AIR & HEAT LLC 306.00 445659 01/18/2024 LF STAFFING SERVICES INC 309.76 445660 01/18/2024 LF STAFFING SERVICES INC 2,492.27 3 37 TRANS NBR DATE VENDOR AMOUNT 445661 01/18/2024 KMAC CONSULTING SERVICES LLC 1,800.00 445662 01/18/2024 CYNTHIAABRUTOSKY 12.00 445663 01/18/2024 KEIYON MILLS 25.00 445664 01/18/2024 TORY RHON DONNETTE 25.00 445665 01/18/2024 TYRELL MORGAN 25.00 445666 01/18/2024 MARY L TOMARO 150.00 445667 01/18/2024 VECELLIO GROUP INC 546.30 445668 01/18/2024 WATERBLASTING LLC 68,390.20 445669 01/18/2024 SAVIAK CONSULTING LLC 7,500.00 445670 01/18/2024 GANNETT MEDIA CORP 486.33 445671 01/18/2024 CRAIG ROBERTSON 98.00 445672 01/18/2024 INTERNATIONAL FOUNDATION OF EMPLOYEE 325.00 Grand Total: 1,103,355.14 4 38 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE VENDOR AMOUNT 1021285 01/12/2024 NEXAIR LLC 143.18 1021286 01/12/2024 AT&T CORP 971.00 1021287 01/12/2024 AT&T CORP 5.29 1021288 01/12/2024 WASTE MANAGEMENT INC OF FLORIDA 736.38 1021289 01/18/2024 PARKS RENTAL & SALES INC 150.27 1021290 01/18/2024 INDIAN RIVER OXYGEN INC 155.59 1021291 01/18/2024 GALLS LLC 397.59 1021292 01/18/2024 IRRIGATION CONSULTANTS UNLIMITED INC 1,247.50 1021293 01/18/2024 GROVE WELDERS INC 202.30 1021294 01/18/2024 COMPLETE RESTAURANT EQUIPMENT LLC 871.63 1021295 01/18/2024 SPINNAKER VERO INC 1,535.50 1021296 01/18/2024 RADWELL INTERNATIONAL INC 311.85 1021297 01/18/2024 UNIFIRST CORPORATION 41.01 1021298 01/18/2024 UNIFIRST CORPORATION 1,852.92 1021299 01/18/2024 GUARDIAN ALARM OF FLORIDA LLC 453.00 1021300 01/18/2024 NEXAIR LLC 155.08 1021301 01/18/2024 EFE INC 120.56 1021302 01/18/2024 CARLON INC 326.00 1021303 01/18/2024 CUMMINS INC 1,343.00 Grand Total: 11,019.65 39 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 11218 01/12/2024 CLERK OF CIRCUIT COURT 3,345.98 11219 01/12/2024 KIMLEY HORN & ASSOC INC 99,616.00 11220 01/12/2024 APTIM CORP 8,145.60 11221 01/12/2024 VEROTOWN LLC 71,117.03 11222 01/12/2024 CER SIGNATURE CLEANING LLC 13,762.87 11223 01/12/2024 AMERITAS 12,811.11 11224 01/12/2024 P&AADMINISTRATIVE SERVICES INC 849.57 11225 01/16/2024 CLERK OF CIRCUIT COURT 3,345.96 11226 01/16/2024 HEALTH ADVOCATE SOLUTIONS INC 3,739.50 11227 01/16/2024 IRS -PAYROLL TAXES 9,255.69 11228 01/16/2024 P&AADMINISTRATIVE SERVICES INC 379.91 11229 01/16/2024 P&AADMINISTRATIVE SERVICES INC 34.98 11230 01/16/2024 P&A ADMINISTRATIVE SERVICES INC 1,361.24 11231 01/16/2024 P&AADMINISTRATIVE SERVICES INC 2,436.57 11232 01/17/2024 ATLAS ORGANICS INDIAN RIVER LLC 451,935.16 11233 01/17/2024 HUMANE SOCIETY 46,870.00 11234 01/17/2024 CLERK OF CIRCUIT COURT 27,439.79 11235 01/17/2024 P&AADMINISTRATIVE SERVICES INC 3,146.76 11236 01/18/2024 KIMLEY HORN & ASSOC INC 12,187.00 11237 01/18/2024 FLORIDA DEPARTMENT OF REVENUE 31,858.50 11238 01/18/2024 FLORIDA DEPARTMENT OF REVENUE 735.58 11239 01/18/2024 FLORIDA DEPARTMENT OF REVENUE 1,885.81 11240 01/18/2024 FLORIDA DEPARTMENT OF REVENUE 3,387.65 11241 01/18/2024 RX BENEFITS INC 520,071.61 11242 01/18/2024 P&AADMINISTRATIVE SERVICES INC 2,507.17 11243 01/18/2024 P&AADMINISTRATIVE SERVICES INC 1,864.27 11244 01/18/2024 EVERSIDE HEALTH LLC 19,088.76 Grand Total: 1,353,180.07 1 40 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Stephen R. Greer, Assistant Fire Chief of EMS Fire Rescue Division DATE: January 22, 2024 SUBJECT: Approval of Renewal for a Class `B" Certificate of Public Convenience and Necessity for Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport to Provide Interfacility Ambulance Transportation Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On April 5, 2022 the Indian River County Board of County Commissioners approved a renewal application for a Class `B" Certificate of Public Convenience and Necessity for Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire February 11, 2024. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" Certificate of Public Convenience and Necessity has been submitted by Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport. Staff have reviewed the application, and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 41 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B" Certificate of Public Convenience and Necessity for Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport, to be effective for a period of two (2) years from February 11, 2024 to February 11, 2026. ATTACHMENTS: 1. Renewal Application from Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport 2. Certificate 42 INDIAN RIVER COUNTY „4 DEPARTMENT OF EMERGENCY SERVICES a V X90�,Sti� APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) Coastal Care Corporation DBA Cleveland Clinic Advanced 12/20/2023 APPLICANT NAME: Medical Transport DATE: 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. © This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B+�[7 -' BLS " ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. UARRE ADMIN ASSISTANTS\BethlBeth Casano EOCICOPCMRENEWAL PACKETSICOPCN Application.doc 43 II. COMPANY DETAILS 1. NAME OF AGENCY: Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport MAILING ADDRESS: P.O. Box 9010 CITY Stuart COUNTY Martin ZIP CODE: 34995 BUSINESS PHONE: 772-223-5945 ext. 17028 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Not -for -Profit Hospital 3. MANAGER'S NAME: Brittany Heaton ADDRESS: P.Q. Box 9010, Stuart, FL 34995 PHONE #: 954-299-1432 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME See attached sheet ADDRESS POSITION 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Chris Kammel, EMS Chief 800 SE Monterey Rd. Stuart, FL 34994 772-215-4495 Brian Gonzalez, Division Chief 5160 NW Milner Dr. Port St. Lucie, FL 34983 772-621-3447 Jonathan Huneycut, Battalion Chief 800 Martin Luther King jr. Blvd. Stuart,FL 34994 772-288-5361 WFIRE ADMIN ASSISTANTS1Beth\Beth Casano EOMCOPCNIRENEWAL PACKETS\COPCN Application.doc 2 44 6. FUNDING SOURCE: Transport Revenue 7. RATE SCHEDULE ATTACHED? YES 2 NO ❑ N/A ❑ 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS: 2100 SE Salerno Rd. Suite 108, Stuart, FL 34997 10000 SW Innovation Way Port St. Lucie, FL 34987 1000 36th St. Vero Beach, FL 32960 1095 St. Lucie West Blvd. Port St. Lucie,FL 34986 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Motorola CM200, CM300d, PM1500, and TLK-150 Two Way Mobile Radios 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) UHF 450-470mhs and TLK-150 LTE Base -N/A Statewide Commercial Radio System Mobiles- 627, 628, 629, 630,631,632,633, 634, 636, 637, 638, 639, 640, and 641. 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All Licensed Emergency Departments None via EMS Med 8 UARRE ADMIN ASSISTANMEleth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 45 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate. Mileage, Waiting & Special Charges UARRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCMRENEWAL PACKETS\COPCN Application.doc 4 46 V. NOTARIZED STATEMENTS I, Rishi Singh M.D., Vice President/CMO Applicant Name Coastal Care Corporation DBA Cleveland Clinic Advanced Medical Transport Business Name of Service , the representative of do hereby attest that the above named service will provide continuous service on a 24-hour, 7 -day week basis. I 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 111, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS 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 authoM and that to the best of my knowledge, all statements on this app ' ati are true and correct. APPLICPT SIGNATURE DATE Before me personally appeared the said I i l in C I'll 01 who:says that he/she executed the above instrument of his/her own free wil and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this � day of 2024 j My commission expires:I�I z�J NOVARY PUBLI JENNIFERA. MACK b7Y COMMISSION # HH 444125 EXPIRES: 0dobar 18, 2027 UAFIRE ADMIN ASSISTANTS1Beth\Beth Casana EOCICOPCNIRENEWAL PACKETSICOPCN Application.doc 5 47 COASTAL CARE CORPORATION BOARD OF DIRECTORS Glass, Steven C. Cleveland Clinic 216-444-0692 (Chief Financial Officer) 9500 Euclid Avenue, NA4 TREASURER Cleveland, OH 44195 Director/Officer Lord, Robert L. Jr. PO Box 9010 223-5945 (President) Stuart, FL 34995 Ext. 13014 PRESIDENT Ex -Officio Director/Officer Petry, Fernando DO PO Box 9010 223-5945 (Chief Medical Officer) Stuart, FL 34995 Ext. 13010 SECRETARY Director/Officer Vickers, Jean MD PO Box 9010 223-5945 (Chief of Staff) Stuart, FL 34995 Ext. 13013 Director Clark, Susan PO Box 9010 223-5945 CNO Stuart, FL 34995 Ext. 13008 VICE PRESIDENT Director/Officer Moehring, Michael PO Box 9010 223-5945 Assistant Treasurer Stuart, FL 34995 Ext. 13008 Officer del Castillo, Barbara Cleveland Clinic 954/689-5057 Assistant Secretary Law Department Officer 2950 Cleveland Clinic Blvd. Weston, FL 33331 Oblander, Jason Cleveland Clinic 216/448-0148 Assistant Secretary Governance & Finance Legal Practice Officer Group Law Department 3050 Science Park Drive - AC321 Beachwood, OH 44122 Longville, Timothy Cleveland Clinic 216 /636-7416 (Chief Accounting Officer and 6801 Brecksville Road Suite 20 / RK1-45 Controller) Independence, OH 44131 Officer a/o 01101/20 K 8 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist SUBJECT: Approval of FWC Grant for Indian River County Derelict Vessel Removal Project DATE: January 23, 2024 DESCRIPTIONS AND CONDITIONS On December 5, 2023, the Indian River County Board of County Commissioners (BCC) approved Staff's recommendation to apply for a Derelict Vessel Removal Grant (Grant) with the Florida Fish and Wildlife Conservation Commission (FWC). Staff have since applied for the Grant and subsequently been notified by FWC of the award of $31,000.00 in a Bulk Derelict Vessel Removal Grant (Contract No. 23214). This Grant award will reimburse the County for costs associated with the removal and disposal of four (4) derelict vessels from the Indian River Lagoon and St. Sebastian River within the jurisdictional boundaries of Indian River County. Officers from FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101 (3) and 823.11, Florida Statutes. The derelict designation from FWC allows the County to have the vessels removed and disposed of, improving boating safety and removing these hazards to navigation and the environment. FWC is preparing the grant agreement and will forward it to the County for review and execution upon completion. Outlaw Maritime, LLC has been the County's contractor in prior derelict vessel removal projects, adhering to FWC's Best Management Practices for derelict vessel removal. Outlaw Maritime, LLC has provided a cost proposal to the County of $31,000.00 to remove all four (4) currently authorized derelict vessels following the same protocols as previous removal tasks. FUNDING The cost to remove and dispose of the four (4) derelict vessels totals $31,000.00. The FWC Grant will provide the County with 100% reimbursement of the associated costs not to exceed $31,000.00. This task will be budgeted for in the Florida Boating Improvement Program — Other Contractual Services, Account #13321072-033490 on an upcoming budget amendment. Account Name Account No. Amount Florida Boating Improvement Program/Other Contractual Services 13321072-033490 $31,000.00 50 Page 2 FWC Derelict Vessel January 2024 Removal Grant February 6, 2024 BCC Meeting RECOMMENDATION Staff recommends the Board of County Commissioners authorize the Chair to sign and execute Contract 23214 in the amount of $31,000.00 on behalf of the County. ATTACHMENTS 1. FWC Grant Agreement 23214 2. January 2024 IRC DV Removal Map APPROVED AGENDA ITEM FOR February 6, 2024 51 RECIPIENT/SUBRECIPIENT AGREEMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Agreement 23214 Federal Grant Information CFDA Title(s): N/A CFDA No(s).: N/A Name of Federal Agency(s): N/A Federal Award No(s): N/A Federal Award Year(s): N/A Federal Award Name(s): N/A State Grant Information CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s). 77.005: State Award No(s).: 23214 State Award Year(s): 2023/20234 State Award Name(s): Indian River County BOCC This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and Indian River County BOCC, 59-6000674, whose address is 180127' Street, Bldg. A, Vero Beach, Florida 32960, the Recipient/Subrecipient, hereinafter "Recipient", collectively, "Parties". INTRODUCTORY CLAUSES WHEREAS, Commission and Recipient intend to partner together to remove derelict vessels from the waters of the State; WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE AGREEMENT The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows: Section 1. PROJECT DESCRIPTION. The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required 52 FWC Agreement No. 23214 minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this Agreement is the result of Recipient responses to the Commission's request for competitive or other grant proposals, the Recipient's response is hereby incorporated by reference. Section 2. PERFORMANCE. The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless otherwise provided for in Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Recipient. The Recipient shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement, in the event the Recipient's ability to perform under this Agreement becomes compromised. Section 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through 04/22/2024. However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this Agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. B. Extension. The Commission may extend this Agreement upon agreement of both Parties through an Amendment, provided the funding source permits additional time prior to expiration of funding. Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $31,000.00. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 2 of 29 53 FWC Agreement No. 23214 B. Payments. The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period. C. Invoices. Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Recipient acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available. F. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. G. Cost Reimbursement If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 3 of 29 54 FWC Agreement No. 23214 each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met. Listed below are types and examples of their supporting documentation: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified Agreement period. Documentation must be provided to show compliance with 215.971, F. S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the project or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices. V. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 4 of 29 55 FWC Agreement No. 23214 vi. In -House Charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. For cost reimbursement Agreements with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless Attachment A specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Recipient agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: hLtps://www.mAoridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. Section 5. RETURN OR RECOUPMENT OF FUNDS A. Unobligated Funds. Pursuant to Section 215.971(1)(d) -(e), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 5 of 29 56 FWC Agreement No. 23214 B. Overpayments to Recipient. Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." C. Additional Costs or Monetary Loss Resulting from Recipient Non -Compliance. If the Recipient's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services, pursuant to Section 17.0415, F.S. Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission's Grant Manager. B. Property Exempt from Lien. If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 7. MONITORING. The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 6 of 29 57 FWC Agreement No. 23214 conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A. Section 8. TERNUNATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Recipient with written notice of termination. C. Termination — Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Recipient will be compensated for any work satisfactorily completed and any non - cancellable obligations properly incurred prior to notification of termination. D. Termination — Other. The Commission may terminate this Contract if the Recipient fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. The Commission shall give written notice to the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the deficiency for the Commission, in its sole determination, to approve or disapprove. If no corrective action plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for cause. At that time, the Commission will send a second notice to the Recipient noting that this Agreement is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is being terminated. The Commission reserves the right in its sole discretion, to determine if the Recipient's deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's damages for termination for cause shall be limited to the cost of work actually performed and approved by the Commission. Section 287.1351, F.S., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 7 of 29 58 FWC Agreement No. 23214 E. Recipient Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. Section 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a) & (b), F. S., Attachment A contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Recipient fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be reduced by ten percent (10%) from the Recipient's payment, unless otherwise modified by Attachment A. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences as listed below or as identified in Attachment A. i. Temporarily withhold payments pending correction of the deficiency by the Contractor. ii. Reduction of payment if correction of deficiency is not made by the Contractor. iii. Disallow all or part of the cost of the activity or action not in compliance. iv. Wholly or partly suspend or terminate this agreement. V. Withhold future awards for the FWC projects. vi. Take other remedies that may be legally available. B. Cumulative Remedies. The rights and remedies of the Commission during the Agreement period are in addition to any other rights and remedies provided by law or under the Contract. Section 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal Amendment to the Agreement. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 29 59 COMMISSION SELECT AN OPTION CONTACT INFORMATION: Philip Horning Derelict Vessel Program Administrator Fish and Wildlife Conservation Commission 620 S. Meridian St. Tallahassee, FL 32399-1600 (850) 617-9540 Philip.Horning@MyFWC.com Section 11. AMENDMENT. A. Waiver or Modification. FWC Agreement No. 23214 RECIPIENT GRANT MANAGER CONTACT INFORMATION: Melissa Meisenburg Lagoon Environmental Specialist Indian River County Board of County Commissioners 1801 27th Street, Bldg. A Vero Beach, Florida 32960 (772) 226-1651 mmeisenburg@ircgov.com No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Recipient's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. Section 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. i. Recipient's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in Attachment A, intellectual and other intangible property rights to the Recipient's preexisting property will remain with the Recipient. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Recipient under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 9 of 29 GSC FWC Agreement No. 23214 royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by Federal funds, the Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. Select an option i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. . ii. Title. If this Agreement is supported by state funds, the Recipient shall comply with Section 287.05805, F.S. This section requires the Recipient to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. Title to federally owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A. C. Non -Expendable Property. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non - expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature, with a value or cost of $5,000.00 or more, and a normal expected life of one (1) year or more; hardback - covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A. D. Equipment and Supplies Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 10 of 29 61 FWC Agreement No. 23214 Section 13. RELATIONSHIP OF THE PARTIES. A. Conflict of Interest. The Recipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient and the Commission. B. Recipient Training Qualifications. The Recipient agrees that all Recipient employees, subrecipients, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subrecipients, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Recipient of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Recipient, may reject and bar from any facility for cause any of Recipient's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. E. Commission Rights to Undertake or Award Supplemental Contracts. The Recipient agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients and the Commission in all such cases. Section 14. SUBCONTRACTS. The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Recipient shall ensure, and provide assurances to the Commission upon request, that any subrecipient or subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the Commission with the names of any subrecipient or subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subrecipient or subcontractor. The Recipient agrees to be responsible for all work performed and all expenses incurred with the project. Any Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 11 of 29 62 FWC Agreement No. 23214 subrecipient or subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Recipient further agrees that the Commission shall not be liable to any subrecipient or subcontractor for any expenses or liabilities incurred under the subrecipient agreement or subcontract. The Recipient, at its expense, will defend the Commission against such claims. The following provisions apply in addition to any terms and conditions included in Attachment A. B. Recipient Payments to Subcontractor or Subrecipient. If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Recipient's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. If entering a subrecipient agreement is permitted pursuant to Paragraph A above, Recipient agrees to make payments to the subrecipient for satisfactory performance of the tasks/deliverables identified in the subrecipient agreement. Recipient shall pay subrecipient following the same procedures described in paragraph 4 of this Agreement upon submission of invoices for allowable expenses, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Recipient. C. Commission Right to Reject Subrecipient or Subcontractor Employees. The Commission shall retain the right to reject any of the Recipient's, subrecipient's or subcontractor's employees working or anticipated to work on this project, whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor and Subrecipient Conflict of Interest. If subcontracting or entering a subrecipient agreement is permitted pursuant to Paragraph A above, the Recipient agrees to take such actions as may be necessary to ensure that each subcontractor or subrecipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient, as applicable subrecipient or subcontractor, and the Commission. Section 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 12 of 29 63 FWC Agreement No. 23214 B. Convicted Vendors. The Recipient hereby certifies that neither it, nor any person or affiliate of Recipient, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Recipient shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Recipient, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: https://www.dms.myflorida.com/business operations/state purchasing/state agency resources/ven dor_ registration and vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Recipient, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Recipient, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. C. Discriminatory Vendors. The Recipient shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Recipient has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. D. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 13 of 29 64 FWC Agreement No. 23214 arbitration, or administrative proceedings (Proceedings) relating to or affecting the Recipient's ability to perform under this Agreement. If the existence of such Proceeding causes the Commission concern that the Recipient's ability or willingness to perform the Agreement is jeopardized, the Recipient may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Recipient and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. E. Certain Violations of Federal Criminal Law. If this Agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Recipient must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Section 16. INSURANCE. If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state or federal law and that such insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents while acting within the scope of their employment with the Recipient. If the Recipient is not a state or federal agency with self-insurance, then the following applies: A. Reasonably Associated Insurance. During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Recipient will either be self-insured for Worker's Compensation claims or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the protection of its employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 14 of 29 65 FWC Agreement No. 23214 C. General Liability Insurance. By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Recipient shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the Commission's Grant Manager by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Recipient providing such insurance. Section 17. SPONSORSHIP. As required by Section 286.25, F.S., if the Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Recipient's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Recipient's organization. Additional sponsorship requirements may be specified in Attachment A. Section 18. PUBLIC RECORDS. A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Recipient in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 15 of 29 66 FWC Agreement No. 23214 C. If the Recipient meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Recipient shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850488-65539 RecordsCustodian(ut,myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission 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, F.S. or as otherwise provided by law. iv. 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 Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Section 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Recipient shall provide any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such information may include, but shall not be limited to, the Recipient's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Recipient's compliance with the terms of this or any other agreement between the Recipient and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 16 of 29 67 FWC Agreement No. 23214 Section 20. SECURITY AND CONFIDENTIALITY. The Recipient shall maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A. The Recipient shall not divulge to third Parties any confidential information obtained by the Recipient or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Agreement work. To ensure confidentiality, the Recipient shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. Section 21. RECORD KEEPING REQUIREMENTS. A. Recipient Responsibilities. The Recipient shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Contractor Books, Documents, Papers, and Records. The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.. C. Recipient Records Retention. Unless otherwise specified in Attachment A, these records shall be maintained for five (5) fiscal years following the close of this Contract, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (hLtps:Hdos.myLlorida.com/librM- archives/records-mana ement/general-records-schedules), whichever is longer. Recipient shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Recipient Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Recipient shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 17 of 29 FWC Agreement No. 23214 Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT (FSAA) REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Recipient has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Recipient may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with the audit requirements outlined in Attachment B, attached hereto and made a part of the Agreement, as applicable. Section 23. FEDERAL COMPLIANCE. As applicable, Recipient shall comply with all federal laws, rules, and regulations, including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). B. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. C. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. Section 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Recipient is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60-1.4). 41 CFR Part 60-1.4 is hereby incorporated by reference. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 18 of 29 69 FWC Agreement No. 23214 C. Davis -Bacon Act. Unless exempt, the Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5, is applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the Agreement no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Davis - Bacon Act does not apply if federal funding is solely provided by the American Rescue Plan Act (ARPA). D. Copeland "Anti -Kickback Act". i. Recipient. The Recipient shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. ii. Subcontracts. The Recipient or subrecipient/subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subrecipients/subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subrecipient/subcontractor or lower tier subrecipient/subcontractor with all these contract clauses. iii. Breach. A breach of the Agreement clauses above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. E. Contract Work Hours and Safety Standards Act 29 CFR 5.5(b) Contract Work Hours and Safety Standards Act is hereby incorporated by reference. F. Rights to Inventions If this Agreement is supported by federal funds and meets the definition of "funding agreement" under 37 CFR Part 401.2(a) then the Recipient must comply with all requirements of 37 CFR Part 401. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) applies. H. Debarment and Suspension Recipient Federal Certification i. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Recipient is required to verify that none of the Recipient's principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). ii. The Recipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by Recipient/Subrecipient. If it is later determined that the Recipient did not comply with 2 CFR Part 180, subpart C and 2 CFR Part Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 19 of 29 70 FWC Agreement No. 23214 3000, subpart C, in addition to remedies available to Recipient/Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The Recipient agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any Agreement that may arise from this offer. The Recipient further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti -Lobbying Amendment Recipients awarded $100,000 or more in Federal funds shall file the required certification. Recipients shall file the required certification with the Commission's Grant Manager five (5) business days after Agreement execution. 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 USC Part 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 Commission. J. Procurement of Recovered Materials In the performance of this Agreement, the Recipient shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the Agreement performance schedule; b. Meeting Agreement performance requirements; or c. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines. iii. The Recipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Domestic Preference for Procurements i. As appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts for work or products under this Agreement. ii. For purposes of this section: Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 20 of 29 71 FWC Agreement No. 23214 a. "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. b. "Manufactured products" means 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. L. Compliance with Office of Management and Budget Circulars. As applicable, Recipient shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). M. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Recipient attests and certifies that the Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. N. American Rescue Plan Act (ARPA) of 2021. If this Agreement relies on ARPA federal funds, then the following shall apply: Recipients shall provide their Unique Entity Identifier (UEI) and any other financial information requested in the sam.gov financial registration process to the Commission prior to Agreement execution. ii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI -Committee of Finance Subtitle M; Section 9901. iii. Coronavirus State Fiscal Recovery Fund (SFRF) (31 CFR Part 35). iv. Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). V. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds, as amended. O. Build America, Buy America (BABA) provision of the Infrastructure Investment and Jobs Act (IIJA) of 2021. (117 P.L. 58). If federal funds are awarded to be used in this Agreement for any project involving construction, alteration, maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as defined by §70912(5) of BABA, which includes, but is not limited to roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; then: i. All iron and steel, manufactured products, and construction materials used in the project must be produced in the United States. ii. The BABA provision applies to all articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project for federal awards on or after May 14, 2022. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 21 of 29 72 FWC Agreement No. 23214 iii. All subcontractors, successors, or assignees to this Agreement will be held to the same requirements as the original Parties to this Agreement. iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project. Nor does the BABA provision apply to equipment and furnishings used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. P. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure, obtain, extend or renew an agreement that utilizes telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. M. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Section 25. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 22 of 29 SKI FWC Agreement No. 23214 It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Section 26. INDEMNIFICATION. If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. Recipient is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees, volunteers and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, F.S., as amended. If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. The Commission reserves the right to select its counsel. Section 27. NON-DISCRIMINATION. No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Section 28. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall continue to perform as required under the Agreement, notwithstanding the existence of such claim or dispute, it being acknowledged that time is of the essence. This provision includes, but is not limited to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder. Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment, or that is otherwise barred by the applicable statute of limitations or other provision of law, any claim, dispute, or Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 23 of 29 74 FWC Agreement No. 23214 other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in Tallahassee, Florida The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working days of the event giving rise to the claim or dispute. i. Such notice shall give the other party ten working days from receipt of the notice to respond in writing. ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause initiating non-binding mediation by sending a demand for mediation in writing to the other party within seven (7) days. iii. The Parties have two weeks after notice to agree in writing upon a mediator. iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida Supreme Court certified mediator. a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay all of its own attorneys' fees and expenses related to the mediation unless otherwise agreed. b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty- five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so allows. c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of the State of Florida, any litigation will be brought in the state or federal court in and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the Leon County, State of Florida. d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall have a representative present at mediation with the authority to settle the case. V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or fabricator. vii. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations, or otherwise. Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this Agreement during any claim, dispute, or mediation. If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by personal service of the notice demanding mediation. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 24 of 29 75 FWC Agreement No. 23214 Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not otherwise barred. Any demand for mediation and any answer to such demand must contain a written statement of each claim alleged and the dollar amount in controversy sought in each claim. Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at law. The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any contract into which these General Conditions are incorporated by reference or otherwise, and the Parries to such contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in accordance with the provisions of this Section. Section 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other proceeding to which this provision applies. Section 30. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Recipient of quantum meruit. Section 31. NO THIRD -PARTY RIGHTS. The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or interest to any person not a party to this Agreement. Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs unauthorized aliens. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 29 76 FWC Agreement No. 23214 Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at httDs://www.e-verifv.izov. C. Enrollment in E -Verify. As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Contract not being issued, or if discovered after issuance, termination of the Contract. D. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E -Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the Agreement. If the Commission terminates the Contract pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Contract. Section 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 26 of 29 77 FWC Agreement No. 23214 the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph, Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Recipient shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Recipient, provided that Recipient grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. Section 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A. Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44. This term does not apply to governmental entities. If this Agreement is a sole -source, public-private agreement or if the Recipient, through this Agreement with the State, annually receives 50% or more of their budget from the State or from a combination of State and Federal funds, the Recipient shall provide an annual report (Executive Order 20-44 Attestation Form, Attachment C), including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Recipient must also inform the Commission's Select an option of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. Section 37. MEDIA REQUESTS. Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager. Recipients must submit a written request for permission before consulting with the media and the Commission will provide consultation and talking points. Recipients will not issue news releases, respond to questions, or Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 27 of 29 /�:j FWC Agreement No. 23214 make statements on behalf of the Commission or its partners without prior direction and the Commission's written approval. Production and filming requests related to this Agreement shall be processed through the Commission only. Section 38. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS Unless superseded or otherwise further described in Attachments A, if the Recipient intends to use a small unmanned aircraft system (sUAS) at any time throughout the duration of the Agreement, the Recipient shall request approval from the Commission, in writing, prior to use. Upon request by the Commission, the Recipient shall provide all required documentation, such as license or certification, flight plans, and registrations. The Commission will notify the Recipient in writing of the approval or rejection of the request. If approved, the Recipient will be provided with the Commission's policies, and is responsible and liable for adhering to any and all rules and regulations, including the Commissions policies, applicable to operating sUAS. Section 39. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail: this Agreement and its attachments, the terms of the solicitation and the Recipient's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 28 of 29 79 FWC Agreement No. 23214 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Indian River County Board of County Commissioners Florida Fish and Wildlife Conservation Commission Recipient Signature Executive Director (or Designee) Signature Print Name Print Name Title Title Date Date ATTACHMENTS Attachments in this Agreement include the following: • Attachment A, Scope of Work • Attachment B, Requirements of the Federal and Florida Single Audit Acts • Attachment C, Derelict Vessel Removal Best Management Practices • Attachment D, Letter of Return on Investment for the State • Attachment E, Sample Invoice Form • Attachment F, Monthly Progress Report • Attachment G, Certificate of Completion • Attachment H, Grantee's Required Documentation Submission List • Attachment I, DV Grant Monitoring Guidelines Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 29 of 29 80 Attachment A — SCOPE OF WORK Project Name: Indian River County BOCC Derelict FWC Contract No. 23214 Vessel Removal Project 1. DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOOD/SERVICES — Indian River County BOCC will remove and dispose of 4 derelict vessels from the public waters of the state within the jurisdiction of the Indian River County BOCC. B. BACKGROUND - The removal and disposal of these derelict vessels will improve boating safety by removing hazards to navigation. This project will also help to restore sensitive marine resources and improve water quality. C. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT — The Commission's mission is to conserve fish and wildlife resources for their long-term well- being and the benefit of people. This includes preservation of habitat and the environment. The waters of the State, like Florida's fish and wildlife, belong to the people of Florida, and the FWC is entrusted by the people of Florida to take care of these resources. Removing derelict vessels from the waters of the State maintains water quality both for Florida's fish and wildlife resources and a diverse, growing population of people using the waterways. D. DEFINITIONS -None 2. DELIVERABLES A. Deliverable #1— Removal and disposal of 4 derelict vessels from the public waters of the State. i. Specific Project Deliverables & Associated Tasks - The Grantee shall provide all labor, equipment, and materials to remove the derelict vessels listed below from the public waters of the state within the jurisdiction of the Indian River County BOCC and properly dispose of the vessels in the designated disposal location: Version 1.0 — June 2013 1) Case #: FWCC21OFF012463 Description: Green 30' Hunter Marine Sailboat, Reg: FL5951EP HIN: HUN71227M83B Location: 27 49.6040 (N) / 80 28.1360 (W), Indian River Disposal: Dispose of in authorized landfill facility 2) Case #: FWCC21OFF012466 Description: White 31' Hatteras Cabin Motorboat, Reg: FL3442ED HIN: 31C328 Location: 27 47.5920 (N) / 80 30.5670 (W), Sebastian River South Prong Disposal: Dispose of in authorized landfill facility 3) Case #: FWC220N0063053 Description: White 25' Islander Yachts Sailboat, Reg: FL7895DA HIN: XLYG2619M77E Location: 27 49.6045 (l) / 80 28.0844 (W), Indian River Lagoon Disposal: Dispose of in authorized landfill facility Page 1 of 6 81 Attachment A — SCOPE OF WORK Project Name: Indian River County BOCC Derelict FWC Contract No. 23214 Vessel Removal Project 4) Case #: FWC220N0069531 Description: White 42' Gulfstar Sailboat, Reg: FL093ITA HIN: CFSO44650474 Location: 27 50.5899 (1) / 80 26.4210 (W), Sebastian Inlet State Park Disposal: Dispose of in authorized landfill facility ii. Minimum Level of Performance — The vessels and all parts of the vessels listed above shall be completely removed from the waters of the State and all parts of the vessels shall be disposed of as provided. As part of satisfactory completion of this Agreement, the Grantee shall provide to the Commission all documentation required by Attachment H (Grantee's Required Documentation Submission List) at or before the time stated in Attachment H. iii. Documentation / Criteria Used as Evidence of Performance - The Grantee shall provide to the Commission a Final Disposition Report. This report shall contain the list of all derelict vessels removed, the disposition of each derelict vessel, and photographs that document the condition of each vessel prior to removal, the removal process for each vessel, and the final disposition of each vessel. B. Timeline for Completion - Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 4/22/2024. C. Acknowledgment by Grantee's Contractors: For each vessel removed and disposed of pursuant to this Agreement the Grantee shall provide to the Commission written acknowledgement from all of Grantee's contractors of receipt of a copy of this Agreement. Such acknowledgment(s) may be emailed to the Grant Manager and must be received before any work begins under this Agreement. Failure to submit such acknowledgment(s) may result in delays in reimbursement of the Grantee. 3. FINANCIAL CONSEQUENCES In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to correct any project deficiencies, as noted in the final project inspection, the Commission may impose a financial consequence of twenty percent (20%) of the total contract amount for failure to complete any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final project inspection. The final project inspection will be done by a Commission officer verifying that the entire vessel for each task has been removed according to the project plan. Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or before 4/22/2024 before close of business may jeopardize payment of funds to the Grantee per the Agreement. 4. PERFORMANCE Version 1.0 — June 2013 Page 2 of 6 82 Attachment A — SCOPE OF WORK Project Name: Indian River County BOCC Derelict FWC Contract No. 23214 Vessel Removal Project A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and returned to the Commission within 30 days of receipt. Failure to have the agreement returned within the specified time will render the agreement null and void. In some cases, the Commission will allow a modified return time with prior notice and approval from the Commission's Grant Manager. B. Commencement of Work: The Grantee shall commence work on the overall project as soon as notified by the Commission of the agreement execution. Failure by the Grantee to execute the work within 60 days of agreement execution shall result in the agreement being null and void, unless prior approval for a delay is granted by the Commission's Grant Manager. C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has already included in the application the quote provided by the contractor chosen for the task and the Commission will pay to the Grantee 100 percent of the quoted price for each task or 100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the selected contractor has adequate insurance and is qualified to do the work. A copy of the state's Derelict Vessel Removal Best Management Practices, attached as Attachment C, will provide guidance as to whether or not the selected contractor is qualified to do the work. D. Closeout: Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 4/22/2024. 5. COMPENSATION AND PAYMENT A. FEE SCHEDULE - For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $31,000.00. The Grantee shall be reimbursed only for budgeted expenses that are directly related to the removal and disposal of vessels within the project. i. Cost Share: The Grantee is not required to provide any cost share of the total cost of the project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The total compensation by the Commission shall be $31,000.00 or 100% of the total cost for the project, whichever is less. ii. Salvage Value: The Grantee shall be entitled to the salvage value of any grant - designated derelict vessel, or any part(s) or accessories thereof, not used in the construction of a permitted artificial reef site, excluding the hull. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the Grantee when determining the reimbursement request for the removal and disposal costs for each derelict vessel. Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials from such vessels must be removed from the vessels before being sold for salvage. By law, such salvage values must offset the cost of removal to be allowed. Version 1.0 — June 2013 Page 3 of 6 83 Attachment A — SCOPE OF WORK Project Name: Indian River County BOCC Derelict FWC Contract No. 23214 Vessel Removal Project B. INVOICE SCHEDULE — The Grantee shall submit one invoice at the completion of all project tasks and deliverables. C. TRAVEL EXPENSES - Reimbursement for travel expenses is not authorized under this Agreement. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Agreement Number, the Grantee's Federal Employer Identification (FEID) Number, and the dates of service. The invoice shall be accompanied by: • Attachment G: Certificate of Completion (completed); • Photographs in accordance with paragraph 2 (A) Deliverable #1 iii. The Commission case number and this Agreement's Contract number are required to be on each photo submitted.; • An itemized list of all project expenditures; • A copy of the Contract(s) between the Grantee and the Contractor(s) selected to complete the project; • If the Grantee's selected contractor uses a sub-contractor(s) in the completion of the deliverables in this Agreement, the Grantee shall submit a copy of the sub- contractor's agreement with the Grantee's selected contractor(s) to the Commission. Such agreements are required to be in place for all work performed under this Agreement by a subcontractor.; • An invoice from the Grantee's contractor(s) showing the total price for the removal and disposal of each vessel that is authorized to be removed under this Agreement. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission; • Proof of payment by the Grantee to the Grantee's contractor(s), which may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission. If amounts are paid by the Grantee to the contractor(s) for services not associated with this Agreement, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. 6. MONITORING SCHEDULE A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission in its sole discretion determines that the Grantee failed to meet any of the terms or conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of notice. Failure to achieve 100% compliance with all of the terms and conditions of this Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the terms of the Agreement. Version 1.0 — June 2013 Page 4 of 6 84 Attachment A — SCOPE OF WORK Project Name: Indian River County BOCC Derelict FWC Contract NT.23214 Vessel Removal Project B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the removal of project vessels. The Grantee shall notify the Commission's Grant Manager when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Grant Manager, or designee, shall inspect the work accomplished on the project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. All derelict vessel removal sites will be inspected by a Commission officer to verify the complete removal of the vessel as described in the Agreement. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the project, and identifying any problems that may have arisen and actions taken to correct such problems. Such reports shall be submitted on the Project Monthly Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 15' of the month immediately following the reporting period until the Certificate of Completion is submitted. D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict Vessel Removal Best Management Practices (BMPs), (Attachment Q. Failure to follow these BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties if it is shown that these practices were not followed. E. Certificate of Completion: Upon completion of the Project, the Grant Manager for the Grantee shall sign a Certificate of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the project was completed in accordance with this Scope of Work and the Agreement. For reporting purposes this project will be submitted to the Executive Office of the Governor, a Letter of Return on Investment for the State is attached hereto and made part thereof as Attachment D to this agreement. 7. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 12 of the Agreement. 8. SUBCONTRACTS No additional requirements. Refer to Section 14 of the Agreement. 9. INSURANCE No additional requirements. Refer to Section 16 of the Agreement. 10. SECURITY AND CONFIDENTIALITY No additional requirements. Refer to Section 20 of the Agreement. 11. RECORD KEEPING REQUIREMENTS No additional requirements. Refer to Section 21 of the Agreement. 12. NON -EXPENDABLE PROPERTY No additional requirements. Refer to Section 12 of the Agreement. Version 1.0 — June 2013 Page 5 of 6 Attachment A — SCOPE OF WORK Project Name: Indian River County BOCC Derelict FWC Contract No. 23214 Vessel Removal Project 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY No additional requirements. Refer to Section 12 of the Agreement. Version 1.0 — June 2013 Page 6 of 6 86 FWC Agreement No. FWC-23214 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part H of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Attachment B rev.6.15.15 Page 1 of 6 87 FWC Agreement No. FWC-23214 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: https://harvester.census. gov/facweb/Resources.mpx PART H: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Attachment B rev.6.15.15 Page 2 of 6 88 FWC Agreement No. FWC-23214 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: httt)s:Hal)ps.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 101 Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting Attachment B rev.6.15.15 Page 3 of 6 89 FWC Agreement No. FWC-23214 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part H of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment B — Attachment B rev.6.15.15 Page 4 of 6 90 FWC Agreement No. FWC-23214 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program(s) Funds CFDA # CFDA Title Amount N/A Total Federal Awards COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Pro rams Compliance Requirements CFDA # Compliance Requirements N/A STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided b CFDA CFDA # CFDA Title Amount of Matching Funds Total Matching Funds Associated with Federal N/A Programs SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(s) CSFA # CSFA Title Amount 77.005 FWC Derelict Vessel Removal Grant Program $31,000.00 Total State Awards 1 $31,000.00 Attachment B rev.6.15.15 Page 5 of 6 91 FWC Agreement No. FWC-23214 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Project(s) Compliance Requirements CSFA # Compliance Requirements 77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines (November 2019 NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. - End of EXHIBIT I - Attachment B rev.6.15.15 Page 6 of 6 92 Attachment C Contract FWC Best Management Practices for DV removal 23214 i Derelict Vessel Removal Process Derelict vessels are existing impacts to the environment as well as boating safety hazards, impediments to navigation, and esthetic nuisances. Typically these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats causing greater impact as they become more deeply mired into the environment. Early extraction of these vessels will avoid and minimize the environmental impacts. In addition to these physical impacts resulting from the movement of these vessel through the environment; there is the long term effect caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time; the environmental impacts increase with the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessels disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore the early detection and removal of these abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment. Derelict Vessel Removal (FDEP) Permit Exemption An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption that the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at it current location. The environmental impacts are ameliorated by the application of the best management practices referenced below. Florida Administrative Code Chapter 62-330-051(5)(g) (g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided: 1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; 93 2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and 3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work. General Derelict Vessel Removal and Environmental Protection Best Management Practices The following best management practices (BMP's) will be employed by the marine contractor during the removal of derelict vessels. These BMP's will be incorporated into the contact for each vessel removal project. The marine contractor selected for the project will be required to show proof of their ability to meeting the BMP requirements with their contingency of equipment, staff and expertise in the removal of derelict vessels. Compliance with these BMP's will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMP's are as follows: a. All Work Is To Meet The Following Requirements: 1. Operations are to be limited to daylight hours. 2. Operations are to be staged from an upland area. 3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict vessel site. 4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected. 5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, and engine from the derelict vessel prior to, or immediately after extraction, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict vessel shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent blanket on the surface of the water around the derelict vessel within the turbidity barrier is required where free floating product (gas/oil) is observed. 6. The Contractor is to provide appropriate best management practices (BMPs) approved by the Florida Department of Environmental Protection for erosion control and turbidity 94 protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway. 7. The Contractor is to provide appropriate BMPs for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict vessel and around the perimeter of any upland staging site (where necessary). 8. The Contractor is to monitor turbidity levels throughout removal work. 9. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict vessel from the water. 10. The Contractor will assess turbidity levels and allow them to return to an acceptable level similar to pre -project condition prior to removal of turbidity measures. 11. The dragging of vessels is to be avoided both on and off -shore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground. 12. The Contractor will load derelict vessels onto a barge and/or flat bed truck (or similar) for proper disposal. 13. The Contractor is to photo -document all removals as described in Paragraph (2)(a) of the Scope of Work with pictures taken before, during and after removal. The Contractor will provide a monthly progress report of all removal activities. b. For Derelict Vessels That Are Floating or Lightly Aground: 1. The vessel is to be pumped out as needed and extracted (floated out) during high water. 2. Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas. c. For Derelict Vessels That Are Hard Aground: 1. The vessel is to be approached using shallow draft vessels. 2. The vessel is to be extracted using a crane from a shallow draft deck barge, by hand using the best available tools, or similar approach to minimize impacts to the site and surrounding areas. d. For Derelict Vessels Sunken in Shallow Water: 1. Install and inflate flotation bags as needed. 2. Lift the vessel with barge mounted crane or similar equipment. 95 OP f�SH ANp �! Agreement i p OAttachment D y G �^7 r Florida Fish To: FWC Contract 23214, Indian River County BOCC and Wildlife Conservation From: Phil Horning, Contract Manager Commission RE: Return on Investment Reporting Commissioners Rodney Barreto Chairman This Memorandum is to document the Return of Investment reporting language as Coral Gables mandated and approved by Florida's Executive Office of the Governor, Office of Steven Hudson Policy and Budget, in to FWC Contract 23214. Vice Chairman The ultimate objective is for the vessel(s) to be removed from the water at the Fort Lauderdale earliest possible time to prevent additional removal costs and potential damage by Tampa Farrior Return of Investment reporting: Gary Lester Oxford blight can negatively affect the economy of these areas including use, sales and 850-487-3796 The ultimate objective is for the vessel(s) to be removed from the water at the Albert Maury Coral Gables earliest possible time to prevent additional removal costs and potential damage by Gary Nicklaus interfering with navigation or the environment. Removing vessels at the earliest Jupiter possible time reduces the cost of removing vessels at a later time when they Sonya Rood frequently sink or break apart thereby increasing removal costs. By eliminating St. Augustine these hazards from navigation, there is a reduced chance of injury or death Office of the associated with a collision between a boater and a derelict vessel thereby reducing Executive Director risk to the boater, county and state. Roger A. Young Executive Director Removing a greater number of derelict vessels reduces the number of Charles "Rett" Boyd environmental incidents of pollution caused by spilled fuels and oils and the Assistant Executive Director leaching of caustic chemicals into the waters of the state. A reduction of derelict George Warthen vessel damage to sea grasses, corals, and other benthic resources also increases Chief Conservation Officer value to our states natural resources and reduces restoration costs. Derelict vessels Jessica Crawford gon working can also be a blight kin waterfronts, resort and residential areas. This Chiefof Staff Co blight can negatively affect the economy of these areas including use, sales and 850-487-3796 850-921-5786 FAX tourism. Managing fish and wildlife resources for their long-term Analysis at the program's conclusion will list the number of derelict vessels and/or well-being and the benefit total linear feet removed for both individual counties and the statewide total. The of people. average cost for vessels removed and the average cost per linear foot will also be included. The report will measure the percentage of derelict vessels removed for 620 South Meridian Street both counties and the entire state based on the pre-program totals as listed in the Tallahassee, Florida Statewide Derelict Vessel Database. 32399-1600 Voice: 850-488-4676 Hearing/speech-impaired: 800-955-8771(T) 800 955-8770 (V) MyFWC.com 96 PROJECT COSTS: Deliverables/Services Provided (Scope of Work) — Cash expenditures: INVOICE Attachment E Billed to: Invoice No. 23214 Fish and Wildlife Conservation Commission Invoice Date: Vendor Enter Date FWC Derelict Vessel Removal Grant Program FWC Contract #: FWC- 23214 620 South Meridian Street Amount of Grant Award: $31,000.00 Tallahassee, Florida 32399-1600 Billing Period/Dates of Service: Remit payment to: From: Vendor Enter Date Grantee: Indian River County BOCC (Date Conlactor Began Work) FEID #: 59-6000674 Address: 1801 27th Street, Bldg. A To:. Vendor Enter Date Vero Beach, Florida 32960 (Intractor Completed Work) PROJECT COSTS: Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount Vessel 1) FWCC21OFF012463; Green 30' Hunter Marine Sailboat, Reg: FL5951EP $6,500.00 Vessel 2) FWCC2101717012466; White 31' Hatteras Cabin Motorboat, Reg: FL3442ED $7,500.00 Vessel 3) FWC220N0063053; White 25' Islander Yachts Sailboat, Reg: FL7895DA $6,500.00 Vessel 4) FWC220N00695 3 1; White 42' Gulfstar Sailboat, Reg: FL093ITA $10,500.00 Total Project Cost: $31,000.00 Grantee Share (0%): — $ N/A Amount for Reimbursement: $31,000.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Page 1 Date: 97 FWC Contract No. FWC: 23214 Attachment F FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM MONTHLY PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # 23214 Reporting Period (Month/Year): Vendor to Complete (Due 15 days after the end of each month) Grantee: Indian River County BOCC Project Title: Indian River County BOCC Derelict Vessel Removal Project 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by due date? YES ❑ NO ❑ Anticipated completion date:Vendor- Click Here to Enter Completion Date (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs Project Manager Vendor to Complete Print Name Page 1 of 1 Vendor- Click Here to Enter Date Date Vendor to Complete Phone 98 FWC Contract No. FWC- 23214 Attachment G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION • - FWC Derelict Vessel Removal Grant Program CERTIFICATION OF COMPLETION STATEMENT I, Melissa Meisenburg, Representing Indian River County BOCC, do hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC Contract No. 23214, has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) Click or tap to enter a date._ (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Name: Title: Date: 99 OPE\- ANO 7 �O O M � N y L4TlON COft` Attachment — H FWC Contract: 23214 Grantee's Required Documentation Submission List The following is a list of the documents that must be provided by the Grantee to the FWC Derelict Vessel Program Manager/Contract Manager and when each must be received by the Commission. Failure of the Grantee to provide these documents when required may subject the Grantee to delays in reimbursement and/or financial penalties. Acknowledgement of Receipt of Agreement/Contract by Contractor: A copy of the Agreement/Contract between the Commission and the Grantee must be issued to the Grantee's contractor, and the Grantee shall submit acknowledgement of receipt by the contractor to the Commission DV Program Administrator. Due to the Commission before any work under the Agreement/Contract begins. Grantee's written proof of Liability Insurance (or self-insurance): Due to the Commission within 15 days o Agreement/Contract Execution. - Grantee's written verification of being registered with E -Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Contractor's and subcontractors' written verification of being registered with E -Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Monthly Project Progress Report: Due to the Commission on the 15th day of each month the Agreement/Contract remains active. Grantee's Invoice for Payment: Grantee must submit an Invoice (Attachment E) to the Commission for reimbursement. Due to the Commission when all Agreement/Contract tasks and deliverables have been completed. Certificate of Completion: A completed Certificate of Completion (Attachment G). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Itemized List of All Project Expenditures: Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. - Grantee's Contract with Contractor: Grantee will submit a copy of the Contract between the Grantee and the Contractor selected to complete the project. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Subcontractor Agreements: If the Grantee's selected contractor uses a sub -contractor in the completion of the deliverables in the Agreement/Contract, the Grantee shall submit a copy of the sub -contractor's agreement with the Grantee's selected contractor to the Commission. Such agreements are required to be in place for all work performed under the Agreement/Contract by a subcontractor. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. k Vessel Photos and Final Disposition Report: A final disposition report and photos of each vessel removed pursuant to the Agreement/Contract are required in accordance with paragraph 2. A deliverable #1 iii of Attachment A, Scope of Work, of the Agreement/Contract. The Commission case number and Contract 100 number are required to be on each photo submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Contractor's Invoice: An invoice from the contractor showing the total price for the removal and disposal of each vessel that is authorized to be removed under the Agreement/Contract must be submitted by the Grantee to the Commission. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission (Attachment E). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. L Proof of Payment to Contractor from Grantee: Proof of payment by the Grantee to the contractor(s) may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission (Attachment E). If amounts are paid by the Grantee to the contractor(s) for services not associated with the Agreement/Contract, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. 101 FWC Agreement #: 23214 Attachment I Derelict Vessel Program Grant Monitoring Guidelines The Florida Fish and Wildlife Conservation Commission (Commission) has established and been appropriated funding by the Florida Legislature, to assist local governments in the costs related to removing derelict vessels from the waters of the state. The Commission derelict vessel program has a responsibility to track and monitor the status of grant activity and projects initiated by local governments under contract with the Commission to ensure compliance with applicable written grant guidelines and statutory regulations. The monitoring process is designed to assess a Grantee's compliance with applicable agency, state, and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities — financial and programmatic monitoring. • Financial monitoring is the review of records associated with the invoiced costs of derelict vessel removal projects and contracts. • Programmatic monitoring is the observation of project timelines, best management practices, and verified project completion records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects and financial activity and provision of technical assistance between the Commission and the applicant via e-mail and telephone or other electronic means. On-site monitoring involves visits to the Grantee agencies or project work sites by Commission representatives who examine records, procedures and project activity. No Conflict of Interest: Grant Managers shall complete a Conflict of Interest Certification form at the time they are assigned/assume responsibility for an agreement. If a conflict exists, the grant manager shall notify their immediate supervisor at the earliest opportunity. The supervisor is responsible to reassign the Agreement or coordinate with leadership and/or Commission legal advisors to determine the appropriate resolution. A completed Conflict of Interest Certification form will be included and entered into each derelict vessel grant removal agreement. Frequency of monitoring activity: The Commission's derelict vessel program will conduct monitoring during the period that a grant project is active. Once the project has been completed and verified as such, and reimbursement has been issued to the Grantee based on the written agreement, the relationship with the Grantee has ended until and unless a subsequent application for a grant is received again for that Grantee. Those applicants who have had documented contract violations for past failures to perform without successful resolution with the Commission, may be subject to denial of further opportunities to be considered for a grant. Areas that may be reviewed include, but are not limited to: Management and administrative procedures; Grant folder maintenance; Accounting system; Anticipated projected completion (adhering to Agreement timelines for project completion); Difficulties encountered in completing projects; 102 FWC Agreement #: 23214 Attachment I Equal Employment Opportunity (EEO Status); Americans with Disabilities Act (ADA Status); Procurement policy; Procurement documents; and Contractor and subcontractor agreements, if applicable. The Commission may request additional monitoring/information if the activity, or lack thereof, generates questions from Commission leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Grantees will be required to participate in desk monitoring as determined by the Commission. This contract will provide an opportunity to identify the need for additional assistance and determines what a Grantee needs to complete the project in a timely manner in accordance with their Agreement. A document (Attachment H) will be included with each Agreement detailing documents required to be submitted by the Grantee and when those documents are due. As difficulties/deficiencies are identified, the Grantee's grant manager will be notified by Commission staff. Many of the issues that arise may be resolved by the Grantee without Commission involvement, but Commission staff can provide technical assistance. Examples of technical assistance include, but are not limited to: • Determination of eligibility of items or services for reimbursement; • Coordination and partnership with contractors and subcontractors; • Record keeping; • Providing information about reporting requirements; • Advising as to documentation necessary to support a request for reimbursement. On-site monitoring will be conducted by Commission personnel or others appointed by the Commission. On-site monitoring visits will be scheduled in advance with the Grantee grant manager designated in the Agreement. All derelict vessel removal projects are verified by sworn law enforcement personnel prior to reimbursement by the Commission. The Commission will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On -Site Monitoring Protocol: On-site monitoring visits will be randomly chosen from active derelict vessel removal project grants in progress, as well as those that may be identified as having potential contract violations or as a result of a contractor's failure to follow contract specifications as required. Site visits may be combined when geographically convenient. Site Visit Preparation: An email will be sent to the Grantee grant manager outlining the date, time, and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the Grantee in writing (email is acceptable) and documented in the Grantee folder. On -Site Monitoring Visit: 103 FWC Agreement #: 23214 Attachment I Once Commission personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Commission intends to examine will be identified. All objectives of the site visit will be explained at this time. Commission personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of the project site will be conducted. All project deliverables selected for review should be visually inspected whenever possible. Photographs should be taken of the project site, and any relevant activity. If a project deliverable is not available at the time of the site visit, the appropriate documentation must be provided to account for the project progress. Other programmatic issues can be discussed at this time such as missing monthly project progress reports, payment/voucher /reimbursement, etc. Post Monitoring Visit: Commission personnel will review the on-site monitoring documents and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty (30) calendar days of the site visit, a post monitoring letter will be generated and sent to the Grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Grantee. The Grantee will correct all deficiencies or submit a Corrective Action Plan within thirty (30) calendar days of the monitoring letter date. Grantee noncompliance will be resolved by Commission management under the terms of the Grantee Agreement. The on-site monitoring report and all backup documentation will then be included in the Grantee's file. 104 Derelict Vessel Removal Winter 2024 Map ID FWC Case Number Vessel Description Registration Number DV1 FWCC21OFF012463 30' Hunter Marine FL5951EP DV2 FWCC21OFF012466 31' Hatteras FL3442ED DV3 FWC220N0063053 25' Islander Yachts FL7895DA DV4 FWC220N0069531 42' Gulfstar FL0931TA 105 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resource Department Director FROM: Alexis Peralta, Stormwater Educator SUBJECT: Request for Stormwater Summer Camp 2024 DATE: January 24, 2024 DESCRIPTION Building on the success of Indian River County's (IRC) 2 -week long Stormwater Summer Camp hosted in July 2023 at the Audubon House on Oslo Rd., Stormwater Staff is requesting Indian River County Board of County Commissioners (Board) approval to host another 2 -week Summer Camp this upcoming Summer to be held at the Audubon House once again. This year Staff have changed the name of the camp to "Summer Camp for the Lagoon!" an IRC Stormwater Camp for outdoor fun with nature and conservation -based messaging. The 10 -day camp will remain focused on the same stormwater issues as in the past with activities including water quality testing, lessons on preventing pollution, litter cleanups, kayaking, and more! As in previous years, campers will be selected by Audubon staff. Audubon will charge an estimated $100.00 per camper to help cover costs of the van, snacks, and activities. Stormwater staff will provide 20 days of staff time total, with a schedule of 10 consecutive weekdays for the County's 2 -week "Summer Camp for the Lagoon" that focuses on stormwater education and includes anticipated trips to IRC Stormwater Parks, the IRC Landfill, the Sebastian Inlet, and the Indian River Lagoon. In addition, staff will provide 10 non-consecutive weekdays of assistance to help co -lead the Audubon camps in response to the Audubon's educator assisting in the IRC Summer Camp. This would be an average of two days per week of staff time during Audubon's camp schedule. IRC Stormwater staff participation in these camps is separate from other regularly scheduled stormwater presentations and lessons provided at other camps such as those hosted by the Environmental Learning Center (ELC), the Learning Alliance's Moonshot Summer Program, and other Audubon events. The County's cost for the 2 -week Stormwater camp along with providing staff assistance for the Audubon camps will include up to 150 hours of Stormwater staff time, $500.00 for Camp T-shirts, $500.00 for activities such as a pontoon ride on the Lagoon at the ELC, and up to $200.00 in supplies for items such as gloves, safety vests, water quality testing kits, etc. 106 Request for Stormwater Summer Camp 2024 Page 2 of 2 February 6, 2024 BCC Meeting FUNDING The $1200.00 in IRC related camp costs is available and budgeted in: Account Name I Account Number Amount Transportation Fund/Stormwater/ 11128138-034820 Other Promotional Expense $1,200.00 RECOMMENDATION Staff requests approval from the Board for Indian River County Stormwater Staff to participate in and lead Summer Camp sessions hosted at the Pelican Island Audubon House in Summer 2024. APPROVED AGENDA ITEM FOR FEBRUARY 6, 2024 107 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 17, 2024 TO: BOARD OF COUNTY COMMISSIONERS i THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Third Extension and Amendment to Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling (Bid 2021021) BACKGROUND: On February 16, 2021, the Board of County Commissioners awarded Bid 2021021 for the operation of the Biosolids Dewatering Facility located at the County Landfill located at 1350 74th Ave. SW, Vero Beach to Synagro South, LLC ("Synagro"). The facility receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities, local septic tank haulers, and recreational vehicles. The Contractor will operate the Biosolids Dewatering Facility, haul sludge from the three County owned wastewater treatment facilities to the facility and be responsible for dewatering the sludge and disposing of it in the County Landfill. The first extension and amendment of the agreement was approved by the Board on February 1, 2022, and the second extension and amendment of the agreement was approved by the Board on February 13, 2023, and will expire on February 28, 2024. A single, one- year extension is available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. muni vcic• Staff have been satisfied with the service provided by Synagro and would like to exercise the third renewal to the agreement. Article 4 of the Agreement provides an opportunity for Synagro to request a price increase in writing by January 1 of each year, to be effective for the upcoming term. Synagro has submitted a request to adjust the pricing in accordance with the CPI index (South), effective March 1, 2024, as reflected in the following table. The amounts of the requested increases match the increase to CPI. The Synagro request for an increase is on file in the Purchasing Division. 108 CONSENT AGENDA To date and estimated costs are shown in the table below. Service Current Proposed Change Actual Est. Cost Est. Cost Est. Total Rate Rate costs Oct- Jan -Feb Mar -Sep FY23/24 Amount Dec 23 Annual Allocated Cost to PO Hauling $0.0322/ $0.0334/ +3.60% $119,954 $79,969 $289,968 $489,891 $490,000 gal gal Processing/ $248.99/ $257.95 / +3.60% $112,297 $74,865 $271,460 $458,622 $435,000 Dewatering dry ton dry ton FUNDING: Funding will come from the Utilities operating funds, which are derived from water and sewer sales. Hauling from the Wastewater Treatment Plants will come from the Utilities Operating Fund/Wastewater Treatment/Sludge Removal (47121836-044730) account, and processing and dewatering costs will be paid from the Utilities Operating Fund/Sludge/Other Professional Services (47125736-033190) account. As detailed in the table above, cost estimates through the end of the fiscal year suggest that we may not have enough funds within the existing purchase orders (POs) to cover the costs associated with the amended contract. Funds to accommodate any unbudgeted costs will be obtained by a budget amendment, if necessary, and will be presented to the Board at a later date. Account Number Account Description FY 23/24 PO Amount, „ 47121836-044730 Utilities/Wastewater Treatment/Sludge Removal $490,000 47125736-033190 Utilities/Sludge/Other Professional Services $435,000 RECOMMENDATION: Staff recommends the Board approve the third extension and amendment to the agreement and authorize the Chairman to execute it, after review and approval by the County attorney as to form and legal sufficiency. ATTACHMENT: Third Amendment and Extension 109 THIRD EXTENSION AND AMENDMENT TO AGREEMENT FOR OPERATIONS of the BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING, AND HAULING This Third Extension and Amendment to that certain Agreement to provide Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling is entered into effective as of March 1, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and Synagro South, LLC ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling effective March 1, 2021; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 1, 2021 and ended on February 28, 2022; and WHEREAS, the first extension commenced effective March 1, 2022 and ended on February 28, 2023; and WHEREAS, the second extension commended effective March 1, 2024 and shall end on February 28, 2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one- year period; and WHEREAS, the parties desire to amend Article 4 —Exhibit A Pricing; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: The background recitals are true and correct and form a material part of this Third Extension. 2. The third renewal term shall commence effective March 1, 2024 and shall end on February 28, 2025. A single, one-year renewal remains. 3. The Exhibit A Pricing is amended to reflect new unit price and total pricing as follows: 110 Location Estimated Hauling Unit Price/gal Total Extended Pricer Quantity South Regional WWTF 2500 6th Avenue SW 2,000,000 gals $0.0334 $66,800 Vero Beach, FL West Regional WWTF 8405 8th Street 7,000,000 gals $0.0334 $233,800 Vero Beach, FL Central Regional WWTF 3550 49th Street 5,000,000 gals $0.0334 $167,000 Vero Beach, FL Total Annual Hauling Price $467,600 Processing/Dewatering Estimated Price per dry Total Processing Price Quantity tons produced Sludge and Septage Dewatering 2,500 dry tons $257.95 $644,875 Total Annual Cost Hauling and Processing $1,112,475 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 111 IN WITNESS WHEREOF, the parties have caused this Third Extension and Amendment to be executed effective the day and year first set forth above. SYNAGRO SOUTH, LLC By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: K. Keith Jackman Assistant County Attorney 112 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 10, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Approval of Continuing Geotechnical Engineering Consulting Services Rates BACKGROUND: On October 31, 2023, the Board approved the final ranking of consultants in response to RFQ 2023o6i, and authorized staff to enter negotiations with six professional geotechnical engineering firms to enter into continuing agreements. The sample agreement and rates for three of the firms were approved by the Board on January 9, 2024. DISCUSSION: Staff has received acceptable hourly rates from two of the three remaining firms, which will be attached as Exhibit i of the appropriate firm's final agreement. FUNDING: Funding for work orders under the agreements will vary, based on project and department. Individual work orders over $35,000 will be brought before the Board for review and approval. Per Section 105.01, Indian River County Code, the County Administrator may approve work orders for Continuing Consulting Services up to $35,000. A monthly list of work orders approved by the Administrator will be presented to the Board as an informational item. RECOMMENDATION: Staff recommends the Board approve the hourly rates attached for the listed firms, and authorize the Chairman to execute the agreements after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Exhibit 1 Rate Schedules for Tierra South Florida, and Professional Service Industries, Inc. 113 INDIAN RIVER COUNTY SCHEDULE OF FEES & SERVICES Effective 1/2/2024 -1/212026 SCOPE OF WORK The general scope of work consists of geotechnical engineering, geotechnical drilling, construction materials testing and inspection, threshold inspection services, and any other related services. The Schedule of Fees and Services shown below provides the standard services that may be requested. I. SOIL TESTING 1. Field Density Test (five [5] minimum)............................................................. $40.00/test 2. Proctors.............................................................. ................. ....... ........... $110.00/test 3. Florida Bearing Value Test....................................................................... $45.00/test 4. Limerock Bearing Ratio Test.......... ........................ ... ......... $350.00/test 5. Atterberg Limit Test ... ........................................................:.......::`:......... $85.00/test 6. Carbonate Content Test......................................................................... $100.00/test 7. Organic Content Test............................................................................. $50.00/test 8. Corrosion Series................................................................................ $195.00/test 9. Soil Observation (On Site)...................................................................... $70.00/hr. 10. Natural Sample Moisture Content............................................................. $25.00/test 11. Unit Weight and Moisture Content (Undisturbed Sample) ....................:......... $60.00/test II. CONCRETE & MASONRY MATERIALS 1. Concrete Compression test (Min. four [4] cylinders per trip) -Prepare cylinders & slump test on site, and deliver to lab ........................... $150.00/set 2. Additional Concrete cylinders..................................................................... $20.00/cyl. 3. Concrete Compression test only [delivered to lab] ....................................... $20.00/cyl. 4. Slump test.................................................................................. ... $20.00/ea. 5. Air Content Test.................................................................................. $25.00/ea. 6. Stand-by ........................... ............... , ... .....:.. , ... .... ......... ... ........ ... . $80.00/hr. 7. Grout Prism (Six [6] per set) - Includes preparation of Prism on site.................. ............................ $85.00/set 8. 2° x 2° Mortar Cubes (Six [6] per set) - Includes preparation of Cubes on site ........................................................ $85.00/set 9. Additional Mortar cubes .......................................... ................... .... $20.00/ea. 10. Masonry Units A. Compressive Strength ................................... .. ......$85.00/unit B. Absorption........................................................... . ........... $50.00/unit 11. Concrete Cores (Min. 3); Secure, trim & test ............................................... $85.00/core Testing of core [delivered to lab (Incl. Trim)].......................I........... $55.00/core 12. Swiss Hammer Testing..................................................:..,::...:............. $80.00/hr. 13. Windsor Probe Test (Min. 3 shots)............................................................ _ $155.00/test 14. Additional Windsor Probe Tests............................................................... $110.00/test III. AGGREGATE TESTING 1. Grain size determination: A. Full grain size (8 sieves)......... ............................. $80.00/test B. Wash through (#200) ............................:..:......... $55.00/test 2. Sieve Analysis - Coarse Aggregate ............................................ $55.00/test 3. Specific Gravity & Absorption of Fine or Coarse Aggregate ............. $80.00/test .2765 VlstaParkway, Suite 10 • West Palm Beach, Honda 33411 561-687-8536 • www,TSFGeo.com State of Florida Professional Engineers License # 28073 114 IV. ASPHALT TESTING 1. Asphalt Cores (obtaining core samples) ...................................... $160.00/ea. 2. Asphalt Extraction & Gradation ............................................... $160.00/ea. 3. Asphalt Density and Thickness ................................................ $30.00/ea. 4. Marshall Stability (Incl. density, flow and stability of 3 specimens) $16.00/ft. 4. (50 blows)....................................................................... $150.00/ea. 5. Coring Machine plus Generator Rental ....................................... $450.00/trip 6. Superpave Resolution Testing $8.00/ft. 6A. Gyratory Compaction, bulk specific gravity ....................... $175.00/ea. 6. 6B. Rice Testing............................................................... $120.00/ea. V. INSPECTION SERVICES Muck Probing (4 hr. min.) (2 -man crew) ....................................... 1. Concrete Inspection (on job -site or plant) .................................... $80.00/hr. 2. Pile Driving Inspection......................................................... $95.00/hr. 3. Pre -Stress Yard Inspection ................................................... $80.00/hr. 4. Steel Inspection.................................................................. $80.00/hr. 5. Threshold Inspection............................................................ $80.00/hr. 6. Asphalt Inspection (Plant or Roadway) .................................... $95.00/hr. 7. PDA (Pile Dynamic Testing Services) ........................................ $2500.00/test 8. Helical Pile Inspection................................................................ $95.00/hr. 9. Drilled Shaft Logging / Inspection Services .................................... $95.00/hr. VI. FIELD EXPLORATIONS I INVESTIGATIONS 1. Auger Borings.................................................................... $12.00/ft. 2. Hand Augers.................................................................... $160.00/hr.** 3. Standard Penetration Test Borings - Truck Rig (0'- 50') ............. $14.00/ft. 51'- 100 .................... $16.00/ft. 4. Grout -Seal Boreholes - 0'- 50' ..................................................... $7.00/ft. 51'- 100 .................................................... $8.00/ft. 5. Casing Allowance - 0'- 50' ........................................................ $8.00/ft. 51'- 100 ......................................................... $10.00/ft. 6. Static Cone Penetration Test (0'- 100') ....................................... $N/A 7. Muck Probing (4 hr. min.) (2 -man crew) ....................................... $160.00/hr.** 8. Mobilization of drilling equipment to project (Min. Charge) 1. 50 -mile travel ................................................ $450.00/ea. 2. 100 -mile travel .............................................. $550.00/ea. 9. Mobilization of Barge and Equipment ........................................ TBN VII. MISCELLANEOUS SERVICE 1. Foundation Analysis and Recommendation ....................................... $Staff 2. Percolation Test........................................................................ $400.00/test 3. Double Ring Infiltrometer test ....................................................... $650.00/test 4. Install Monitoring Well, 25' Depth (per PBCWUD Standards & Details)...... $50/LF 5. Plug & Abandon Monitoring Well, 25' depth ..................................... $160/hour 6. MOT (Maintenance of Traffic)......I.............................. $1600/set-up VIII. ENGINEERING AND PROFESSIONAL SERVICES 1. Principal Engineer/PM, P.E.......................................................... $200/hour 2. Senior Geotechnical Engineer, P.E............................ .................... $ 175/hour 3. Engineer, P.E........................................................................... $130/hour 4. Staff Engineer.......................................................................... $110/hour 5. Senior Engineering Technician.................................................... $105/hour 6. Engineering Technician................................................................... $80/hour 7. Drafter/CADD........................................................................... $95/hour **2 technicians @ $80/hr. involves access, carrying equipment, setup & etc. INN 115 Hourly Fee Schedule Company Name: Professional Service Industries, Inc. Date: Revised January 3, 2024 Hourly Position Title Rates Chief Engineer $191.25 Senior Engineer $148.75 Project Engineer/Manager $110.50 Staff Engineer $80.75 Designer $97.75 CADD/Computer Technician $68.00 Chief Scientist $191.25 Senior Scientist/ Geologist/Engineer/Biologist $148.75 Senior Industrial Hygienist $119.00 Construction Supervisor $102.00 Staff Scientist/Geologist/Engineer/Biologist $93.50 Environmental Specialist/Industrial Hygienist $85.00 Senior Environmental Technician $76.50 Industrial Hygienist/Environmental Technician $68.00 Regional Geologist $97.75 Staff Geologist $72.25 GIS Specialist $123.25 Inspector/ Asset Management Technician $88.40 Structural Steel Inspector $72.25 Fireproofing Inspector $72.25 Senior Engineering Technician $55.25 Engineering Technician $46.75 Laboratory Technician $42.50 CEI - Senior Project Engineer $168.30 CEI - Project Administrator $117.30 CEI - Senior Inspector $80.75 CEI - Inspector $68.00 Administrative/Clerical $51.00 116 8-a. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 26, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Response to RFQ 2024028 for Asbestos Concrete Pipe Replacement Program, Area 3 BACKGROUND: In compliance with Section 287.055, Florida Statute, and on behalf of the Department of Utility Services, Statements of Qualifications (SOQs) were solicited for the planning, engineering, and design, permitting, bidding and construction phase services for the Asbestos Concrete Pipe Replacement Program (ACP) for Area 3 within the water distribution system. The solicited work is an approximate six -mile portion of the total 20.62 miles of asbestos concrete pipe to be replaced in the entire program. RFQ RESULTS: Advertising Date: December 1, 2023 RFQ Opening Date: January 3, 2024 DemandStar Broadcast to: 579 Subscribers RFQ Documents Requested by: 17 Firms Replies: 1 Firm Bidder Location Bowman Consulting Group, Ltd Melbourne DISCUSSION: Section 287.055(4)(a), Florida Statutes states requires the county to "conduct discussions with... no fewer than three firms" as part of the solicitation process for engineering design work. Anticipating that low response could be attributed to the RFQ open period overlapping much of the holiday season, Purchasing Staff reached out to planholder firms to ask if they would submit an SOQ if an extended deadline to respond was provided. The only firm to respond indicated after review of the RFQ the project was smaller in scope than they are targeting. 117 Staff anticipates the limited response to the RFQ to be both due to timing of the release and deadline for the RFQ as well as to the project scope focusing on just one of seven geographical areas in the ten-year ACP replacement program. Without additional SOQs to review with similar scope, staff cannot appropriately consider the number of firms required by statute. As such, staff would like to reject the single SOQ received, and readvertise the RFQ with a clarified and expanded scope, to include more of the ACP program project areas, in the expectation of making the project more attractive to consultants. A rejection of the RFQ will protect the received SOQ exempt from public records for a period of one year, therefore there is no harm to that firm. FUNDING: There is no direct cost to the County to reject the response received to the RFQ and re -solicit. RECOMMENDATION: Staff recommends the Board reject the response to RFQ 2024028 and authorize staff to re - advertise the project. 118 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Maintenance Division Date: January 14, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Brad Dewson, Parks Superintendent CONSENT AGENDA BCC Meeting 02-06-2024 Subject: First Extension of License Agreement / Florida Institute of Technology BACKGROUND: On January 5, 2021, the Board of County Commissioners approved a License Agreement with the Florida Institute of Technology, hereinafter referred to as "Florida Tech" for the use of approximately 990 feet x 30 feet (along the dune line) (the "premises"), located at Treasure Shores Park 11300 Highway AIA, for the installation of a High Frequency Radar (HFR), which will be part of the national program of the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration (NOAA). The current License Agreement allows for two, one-year extensions. DESCRIPTION AND CONDITIONS: During the term of this License, the Florida Tech shall use the Premises for HFR related activities (maintenance and operation) only and for no other purposes. Staff received a letter dated January 11, 2024, from Steven Lazarus with Florida Tech requesting the first of two one-year extensions. To date, all conditions of the License Agreement have been in place and acceptable for consideration for renewal. FUNDING: There is no fiscal impact to Indian River County by extending this license agreement. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners approve the request for a one-year renewal of the License Agreement between The Florida Institute of Technology and Indian River County, through January 19, 2025. ATTACHMENTS: • License Agreement • FIT Letter dated January 11, 2024 -Professor Steven M. Lazarus APPROVED AGENDA ITEM FOR FEBRUARY 6.2024 119 1111s license agree Agreement") entered into q 5th day of r !, 2021 by the BOARD OF COUNTY COMMISSIONERS 4 WbIAN RIVER COU", LORI A, a political subdivision ofthe State of Floc' 1 11 271' Street, Vero Beach, Florida 3 60, hereinafter referred to as ''IFS', vWl Tho—Florida Institute of TechruAdW,� a 0tvft l 1110ft`' ti, lJniversity uleva ;, Meibotalr 'I,) eteinafter go Vforlr TaW., onsideration of t mutual promises and agreements set faft baft hely agree as follows: W I T.N1. t T M 1. PREINS,_ES A tib ��gr a..: to Tech tp y 900 fed feet the du { located # Tr t Ypres Park 11300 Highway A1A, Vero Bea+i* - � , in 3 ,ty ofblow Imo`, rlorida, more particult►rly described as follow% i the instad#ation 0' M part of, thenOdW of WMM r tntegrated aba Irving ystetlt MOOS} � tthe National Oceaato and Atmospherle Administration Ina", NMI. antennas will sist of I more that# 16 monopoles ua 1"tif flower, fadkoftr clotthane ? 1114 110ft The tf1 it aol placed ��°+Iicear no 44ore than 12 morib oles in a straight line, 30=."W—i'' parailet to ocean, with 500 It separation between transrttft and receive grays, connecdng/buried coaxial cables in conduit botw_o9n the monopoles OW UOMMated lb A E*.1100WINi lb*.* The HFR Hies (. ! 1. unused lifeguard statI;iL lDA WM be respabsible for both maintenance and upgrades (if nam o the sk#A$We, this includes electricity, air conditioning, Wig, **N# 'mit, weather strippia The tenn of the Lica nse shall Regie fty epi by IRC WW WW,OW three years after such dals. 1.1 Extension of License. Ttp-parties may mt* eDttend the license 1br be, tee -y ' renewal periods. SkM extensic : WAM to I1 vim, signed 310 before mit n gf Liicense. 1.2 A 1WH may qplpvt of W* liwnse anytirne powe ; ' #WWng written notice 't lit, T! mill t k e tithe FL.OF'�ID�1 j*'occupies or uses the P*0r e to terminate this license if FLORIDA omits a breach O` M80OWNWON., in the 121 I WdJon 1 above. All equipment and Opuby'FLORIDA T904 WWIpk.WW In$ orL or about tfte F'Ir, ' . ; itINI xed + fealty,i to prop" of to TIi. FLO 72M Flay remove same on dr before the termirsation of to Liewow Aumpawd, llwaddftn, any and all personal aoetlty shall remain FL RI[ A TWWa, y i t 'roved it#`:Orior to terrd 4 this License 1 mord. .'1 � f t p o'ect OW requires i;,� tndian River wty, the State of FWft of Ift UAW States, shall be the responsib t of FL DA . l Y. IT1E The eWft W git TM=m &WMPWk *0 be pWd by F1 T"t w 1 . f it thegress fq harmless and OdWM IfC ftM my robft r f R RIDA T "s use of the PreMIM. WW mmThe Kf3RIGA TEM shall carry the following Insurance coverage! e certiii+c ► 0f coverage. 1 9.1 ' irements. Prior to the ilmencement of the Use of » premises, a jewoolso of ltasurance shill be provided b IN Risk Manager for t+bw. The csAhoste shall pde for the following: A. h%%n River County shall be named as an "AdddkknW Insured" on the general liability Wit. B. IndkW Nw tatty will to ,given Vft (30) days' raft f cmxxdOon carof oWspulated i?r [ranee. ftshall be It lel owdIUNWIII nx*, majOn receipt requested, and addressed to �e sk Manager. s i x T ;j* - �;:. u': 7.71777 s e._ 4LORIDA TECH Board of County Commissioners of Indian River County, Florida Dear Commissioners, Florida Institute of Technology College of Engineering and Science January 11, 2024 I am the Principal Investigator (PI) on the NOAA grant that is funding the coastal radar at Treasure Shores (TS). I am reaching out with respect to section "1.1 Extension of License" in the three-year agreement that was signed and approved Jan 19, 2021 — between the IRC Commission and Florida Tech. As indicated in the agreement, I am asking for an extension for two, one-year periods. The project will continue to be funded for at least the next couple of years. I would like to express my sincere appreciation for your support of this project. We are almost finished with our second radar installation in Brevard County (Hightower Beach). Once this radar is up and running, we will be able to generate near shore current information in real time (I will provide the link). At the moment, there are data flowing from the TS radar and you can see diagnostics at: https://hfinet.ucsd.edu/diagnostics/. If there are any questions or issues, please don't hesitate to contact me. Sincerely, Steven M. Lazarus Professor of Meteorology, College of Engineering and Science Ocean Engineering and Marine Science (slazarus _,fit.edu) 124 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Parks, Recreation & Conservation Conservation Lands CONSENT BCC Meeting February 6, 2024 Date: January 22, 2024 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Director of Parks, Recreation and Conservation From: Wendy Swindell, Conservation Lands Manager Subject: Release of Retainage Bid 2023063 for Hallstrom Farmstead Habitat Enhancement & Parking Area Planting BACKGROUND: The Hallstrom Farmstead Conservation Area was purchased in 2002 with cost -share assistance from the Florida Communities Trust (FCT). The 93 -acre site is located on Old Dixie Highway, approximately one mile south of the intersection at Oslo Road. To further the habitat restoration objectives required by FCT and outlined in the Board Approved Management Plan (August 2002), the County has been working to restore native habitat on the site using a combination of invasive treatments and revegetation. DESCRIPTION AND CONDITIONS: On September 26, 2023, the Board approved an agreement with Sandhill Environmental Services, LLC for the installation of native plants in the amount of $31,277.99. Staff inspected and approved the work completed according to the Agreement. Sandhill Environmental Services, LLC is requesting final payment on the project in the amount of $1,070.41. FUNDING: Funding for the Hallstrom Farmstead revegetation is available in the Tree Ordinance Fines Fund/Retainage-Sandhill Environmental/Hallstrom Farmstead account number 117-206000-19027 in the amount of $1,070.41. Revenue Source I Account Number Amount Tree Ordinance Fines Fund/Retainage-Sandhill Environmental/ Hallstrom Farmstead 117-206000-19027 $1,070.41 RECOMMENDATION: Staff respectfully recommends approval of Invoice #R-3516, in the amount of $1,070.41, to Sandhill Environmental Services, LLC, which will release any further obligations of the County from the Contractor. C:\Grant \Legistar5\L5\Temp\7t9b1af44331-42Ie- b31 -a73 lbbbeMfdac 125 ATTACHMENT: Sandhill Environmental Services, LLC - Invoice #R-3516 dated 01/23/24 APPROVED AGENDA ITEM FOR February 6, 2024 C:\G`aaicus\Legista5\L5\Temp\7t9blaf4.4331-021 o -4b31 a73lbbbe429f.dm 126 EAISANDHILL Grow -Enhance -Restore Sandhill Environmental Services, LLC 5980 SE County Road 760 Arcadia, FL 34266 Indian River County Parks & Conservation 5500 77th Street Vero Beach, FL 32967 Invoice Date Invoice # 01/23/24 R-3516 Office: 863-494-9737 Fax: 863-494-1364 officeQsandhillgrowers.com www.sandhiligrowers.com P.O. No. Terms Project Due on receipt Hallstrom Farmstead Item Description Rate Serviced Qty. Amount Retainage Retainage 1,070.41 1 1,070.1 i. i s 1 3 i I Total $1,070.41 Payments/Credits $0.00 Balance Due $1,070.41 Specializing In Natural Areas Weed Management• Nuisance/Exotic Species Removal Lake/Littoral Shelf Plant Installation -Wetland & Upland Restoration Planting Web site: www.sandhillgrowers.com 127 &J. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: January 24, 2024 SUBJECT: Divosta Homes, LP's Request for Final Plat Approval for Preserve at Waterway Village POD "X" [PD -21-05-05 / 2004010124-95355] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 6, 2024. DESCRIPTION & CONDITIONS: The Preserve at Waterway Village POD "X" final plat consists of 161 lots on 71.15 acres, resulting in a density of 2.26 units per acre. It is located at the northeast comer of the intersection of 43rd Avenue and 49th Street, approximately 4,000 feet west of U.S. Highway No. 1 (see attachment 1). The property is zoned PD, Planned Development (up to 2.29 units/acre overall site), and has an L-2, Low -Density Residential -2 (up to 6 units per acre) future land use designation. On April 14, 2022, the Planning & Zoning Commission granted preliminary plat approval for POD "X", with conditions. The Indian River County's Engineering Division issued the Land Development Permit on February 3, 2023, and the applicant began construction activities shortly afterwards. As of this time, the developer has constructed 75.50% of the required project improvements. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements; and An executed Contract for Construction of the remaining required improvements, with a Cash Deposit and Escrow Agreement for 125% of the cost of construction for the remaining required improvements. The Board of County Commissioners (BCC) is now to consider granting final plat approval for The Preserve at Waterway Village POD "X". C:\Crranicus\Legistar5\L5\Temp\ba5d67a1-19eb-4b3c-b91d-820b79648709.doc Page 1 of 2 128 ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding -out" the remaining 24.5% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a Cash Deposit and Escrow Agreement in the amount of $1,391,092.39 to guarantee construction of the remaining required improvements. All improvements within The Preserve at Waterway Village POD "X" will be private, except for certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for The Preserve at Waterway Village POD "X". ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Granicus\Legistar5\L5\Temp\ba5d67a1-f9eb-4b3c-b91d-820b79648709.doc Page 2 of 2 129 • J co N vSN� c U) d' M U) (AMH SJNIM) nd H185 O N r Q J � 0\,p p�X�E HWY O0 .qco y X (AMH SOMI) /fib' H185 w cn a -. k N` CW 0 o t� O 7d NN co U) N 0'PA f j `o U W c ScnW� W -� 2 (AV Cl) Z) J • NNdW370) M Z CO AV a2i£t, ® u-) Z • Y (AMH SOMI) /fib' H185 w N` Rcrv��cl� X31-lyl kgs �3� �4I O�hk INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Information Technology Office & Finance Office Remodel, IRC -2004 & 2205 Release of Retainage and Change Order No. 1 DATE: January 16, 2024 DESCRIPTION AND CONDITIONS On August 29, 2023, the Board of County Commissioners awarded Bid No. 2023049 to Jim's Complete Construction, LLC in the amount of $241,050.00 to remodel a portion of the Information Technology Department (project area approximate 230 square feet) and the Finance Department (approximate project area 630 square feet) with the construction of new stud walls with drywall, paint, electrical, HVAC and flooring. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $31,486.00 for a final cost of $209,564.00. Jim's Complete Construction, LLC has successfully completed the project and has been paid $199,085.80, with $10,478.20 held in retainage. Jim's Complete Construction, LLC has submitted Contractor's Application for Payment No. 4 for release of retainage in the amount of $10,478.20 for a total of $209,564.00. FUNDING Funding in the amount of $10,478.20 is budgeted and available from the following account: Optional Sales Tax/IT Department Account No. 315-206000-22043 Renovation/Retainage—Jim's Complete $4,126.34 Construction Optional Sales Tax/Finance Dept/Retainage — Account No. 315-206000-22042 Jim's Complete Construction $6,351.86 142 Page 2 of 2 Information Technology Office & Finance Office Remodel, Release of Retainage and Change Order No. 1 BCC Meeting 2/6/2024 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 4 to Jim's Complete Construction, LLC in the amount of $10,478.20 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Contractor's Application for Payment No. 4 APPROVED AGENDA ITEM FOR FEBRUARY 6, 2024 C:\Granicus\Legistar5\L5\Temp\84024e04-754b-4e9b-b72b-27dc 1111 db I a.doc 143 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 2/6/2024 EFFECTIVE DATE: 2/6/2024 OWNER: Indian River County CONTRACTOR: Jim's Complete Construction, LLC Project: Information Technology Office & Finance Office Remodel OWNER's Project No. IRC -2004 & 2205 OWNER'S Bid No. 2023049 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $241,050.00 Net decrease of this Change Order: ($31,486.00) Contract Price with all approved Change Orders: $209,564.00 Final Completion: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion 90 Final Completion: 120 Net increase/decrease of this (days) Change Order: 0 Contract Time with all (days) approved Change Orders: Substantial Completion 90 Final Completion: 120 RECOMMENDED: By: PROJECT MANAGER (Signature) Date: APPROVED: By: OWNER (Signature) Date: I RC-2004-2205_CO 1 _20240206 00942-1 144 F:\Public Works\ENGINEERING DIVISION PROJECTS\2004 IRC IT Office\1-AdminWgenda Items\Project Closeout\IRC-2004-2205_C01_20240206.doc Rev. 05/01 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Information Technology Office & Finance Office Remodel PROJECT NO. IRC -2004 & 2205 BID NO. 2023052 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD-1 FINANCE OFFIC E- ADUL WALL & DOOR LS 1.00 2,014.00 2,014.00 ALT -2 EVENINGMEEKEND WORK DAY 18.00 750.00 13,500.00 344 -FA FORCE ACCOUNT - IT REMODEL LS 1.00 10,000.00 10,000.00 344 -FA FORCE ACCOUNT - FINANCE REMODEL LS 1.00 10 000.00 10 00000 SUBTOTALS 2,014.00 33,500.00 Information Technology Office & Finance Office Remodel TOTAL ($31,486.00) 145 F \Public Works\ENGINEERING DIVISION PROJECTSM04 IRC IT Offioe\1-AdminVAgenda Items\Project Closeout\IRC-2004-2205_FCO_20240206 . Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: January 27, 2024 To: Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Subject: Change Order to Hinterland Group, Inc. for Construction of Lift Station #5 Improvements IRCDUS Project ID: 21.23.504 Background: Lift Station #5 (referred to as Indian River Estates) was originally constructed and put into service in 1986. The station has had minimal upgrades since that time, leaving a necessity to not only increase the capacity of the station for additional flow from development in the area, but also upgrades to conform with current electrical, regulatory, and Indian River County Department of Utility Services (IRCDUS) standards. On March 23, 2023, the Board of County Commissioners (BCC) approved an agreement with Griffon Residences, LLC, dba Crest Griffon, LLC, for the cost sharing for the Construction of Lift Station #5 Improvements (IRCDUS Project ID 21.23.504). Lift Station #5 serves the Griffon development and Indian River Estates Adult Community Total Services (ACTS) development on the adjacent property. Under the agreement, the total cost of Lift Station #5 improvements is $202,163.39, of which the County's share is $42,000.00. On May 17, 2023, Purchase Order (PO) #96288 in the amount of $202,163.39 was issued to Hinterland Group (Hinterland) in accordance with their agreement awarded June 4, 2019, by the BCC resulting from bid 2019047. PO #96288 was issued for the construction of Lift Station #5 improvements per Hinterland's proposal. Analysis: In conjunction with the construction of Lift Station #5 improvements, it was planned for Florida Power & Light Company (FPL) to install a new main transformer to upgrade the station to three-phase 480V power, to accommodate upgrades to the lift station control panel and pumps. Due to delays by FPL to complete the transformer upgrade, the original schedule for Hinterland to complete construction was also delayed. To keep the collection system in operation to service Indian River Estates ACTS development, the lift station was placed on bypass while under construction, incurring daily charges for temporary bypass pumping. The FPL delays resulted in extended time and charges beyond what was originally included in PO #96288. To cover the additional charges necessary for continuity of the collection system operation Page 1 of 2 146 (i.e., keeping the lift station on bypass pumping), some items in the Hinterland scope of PO #96288 were placed on 'hold' pending a change order to Hinterland for the cost increases. IRCDUS staff held meetings with Hinterland to finalize plans and schedule to complete Lift Station #5 improvements. To resume construction of the scope -items that were placed on hold, and provide bypass pumping through completion of the project, Hinterland provided the attached Change Order (CO) Proposal for $189,978.16. All items listed in the CO were originally included in the agreement Griffon Residences, LLC, with an adjustment to increase in the number of days for bypass pumping. Hinterland's Change Order Proposal incorporates all remaining work and time extension required to complete Lift Station #5 improvements. Approval of Hinterland's Change Order Proposal by the BCC will increase the total budget for Lift Station #5 Improvements to $392,141.55. Funding: Funds in the amount of $189,978.16 for this project are derived from capital funding, and will come from the Impact Fee/WIP/Lift Station #5 Expansion account, number 472-169000-23504. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. DescriptionAccount Number Amount Impact Fee/WIP/Lift Station #5 Expansion 1 472-169000-23504 $189,978.16 Recommendation: Staff recommends that the Board of County Commissioners approve Change Order Proposal with Hinterland Group, Inc. for $189,978.16, and authorize the Purchasing Division to approve an increase of Purchase Order #96288 to $392,141.55. So long as there are no changes in the dollar amount under the Purchase Order, upon adequate completion of the work set forth in the Purchase Order, staff is directed to make final payment and release any retainage to Hinterland Group, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachment: • Hinterland Group Change Order Proposal Page 2 of 2 147 Change Order Proposal To: Indian River County Attn: Harrison Youngblood Project: IRC Lift Station #5 Griffon Description: Remaining contract work to complete original PO. Date: January 30, 2024 Revised: Proposal No: Final HG Project No: 19-0099-12 e Item # Description Qty Unit Unit Price Extended Price Additional Time -Day 3 Mobilization/Demobilization 0.5000 LS $1,701.90 $850.95 34 6" Bypass Pumping Operation- Primary Pump - 11/1/23 thru 1/31/24 92.0000 DAY $794.22 $73,068.24 34 6" Bypass Pumping Operation- Standby Pump - 11/1/23 thru 1/31/24 92.0000 DAY $794.22 $73,068.24 99 Duplex Remote Terminal Unit (Install Only 0.5000 EA $6,807.60 $3,403.80 104 Duplex Motor Control Panel (Install Only) 0.2500 EA $70,345.00 $17,586.25 193 Cast In Place Concrete 150.0000 CF $56.73 $8,509.50 194 Reinforcing Steel for Cast In Place Concrete 234.0000 LB $11.35 $2,655.90 235 Three Man Pipe Excavation and Repair Crew (Generator And Top Slab Demo, Generator Replacement) 8.0000 HR $363.07 $2,904.56 Al -17 Al -17 - Install Meter Can & Disconnect 0.5000 EA $7,261.44 $3,630.72 Instal GC Furnished ATS 0.5000 1 EA $8,600.00 $4,300.00 Qualifications: Subtotal: $189,978.16 Removal of unknown obstructions not included. Removal of unknown conflicts not included. Permits and permit fees not included. Tax Total: $189,978.16 Delays due to inspections not included. Any delays due to Covid-19 from any party in the supply, production or construction chain will require time in addition to that shown. Electronic locating services of any kind are not included. Asphalt Restoration will be based on the number of locations required. Hinterland Group Inc. Corporate Office Page 1 of 1 2051 W Blue Heron Blvd. Riviera Beach, FL 33404 - Ph 561-640-3503 - Fax 561-640-3504 14 laage 1 of 1 r� CONSENT AGENDA BCC Meeting 02-06-2024 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Date: February 6, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: Acceptance of Proposed Donation for Children's Week Event BACKGROUND: Children's Week Florida is the largest event held in the state that celebrates and honors its commitment to children, youth, and advocates. Through a variety of events, educational activities, and outreach efforts, Children's Week Florida seeks to elevate the diverse needs of Florida's children and youth to our leaders while acknowledging their achievements. Through the collaboration of the Community Services Department and the Children's Services Advisory Committee, Indian River County is participating in Children's Week Florida locally for the first time this year, which takes place from February 25th through March 1St. A full list of Children's Week Indian River County activities is provided. The highlight event, the "Golden Impact" award ceremony, will be held on March 1 st at 1:00 PM at the IRC Intergenerational Center (iG Center). During this event, recognition will be given for the outstanding contributions of our programs that serve our local children and families at the Public Library and Parks & Recreation facilities, along with agencies funded through the Children's Services Advisory Committee. An anonymous donor has graciously donated $7,000 to cover the costs of this event. FUNDING: Revenues and expenses, in the amount of $7,000, will be made available via budget amendment to the General Fund/Children's Services/Children's Week account, number 00112869-035295. Account Name Account Number Amount General Fund/Children's Services/Children's Week 1 00112869-035295 1 $7,000 RECOMMENDATION: Staff recommends the Board accept the anonymous donation. ATTACHMENTS: Children's Week Activities Golden Impact Recognition Event Save The Date 149 r Y 0 40 r Y IVER COUNTY n CELEBRATION Of THE HANDS711 • This year marks Indian River County's debut in the Celebration of 2-/2f) Hands. Join us for Hands Day, an annual celebration where children, youth, teachers, and families craft unique hand artwork throughout the month, proudly displayed in the State Capitol. These creations daily remind legislators and visitors that the future of our children is #InOurHands. TUE. STORYBOOK VILLAGE For the first time ever, Indian River County is joining the enchanting world 227 .� of Storybook Village, following in the footsteps of the State of Florida. 1 Throughout our county, books come to life with celebrity readers, song, dance, and hands-on activities. Be part of this inaugural journey as we create our very own Storybook Village, inspired by the magic unfolding' across the State of Florida. TEEN'DAY ED. This year marks Indian River County's debut in Teen Day. To amplify the / voices of our young adults, we're launching an online survey. Your Y 2/28 insights will provide invaluable information about the hopes and dreams of our youth, shedding light on opportunities for growth and areas where additional support may be needed. Join us in this exciting endeavor to s,. better understand and empower our teen community. THOUGHTFUL THURSDAY For the first time, Indian River County is part of Thoughtful Thursday. Join ;us virtually via Zoom for this special event, bringing attendees from across the sta►1~s"gether. Explore insightful and engaging webinars hosted by ou 1 este Children's Week Florida" Partners and advocates. Don't miss H this unique opportunity to connect learn! "l � FRL Indian River County proudly hosts the Golden Impact Awards for the first 3/1 time. Join us at the Intergenerational Recreation Center of IRC from 1:00-3:00 for this special event featuring guest speakers and the much - anticipated announcement of Golden Impact Awards for outstanding Cvh�ildrenVS agencies, library programs, and parks and rec programs throughout W 1�ie11 Indian River County4.0MUMMOMMLA NOW . .t $ecauhe6.e�gC�;Pd a I INDIAN RIVER COUNTY z Children's Services Advisory Committee Iry Location: Intergenerational Center 1590 9th Street SK Vero Beach, FL 32962 4 1:00 P.M. 0 03001102024 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Sandridge Golf Date: February 6, 2024 To: The Honorable Board of County Commissioners CONSENT AGENDA BCC Meeting 02-06-2024 Thru: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator Michael C. Zito, Deputy County Administrator From: Bela Nagy, Golf Professional Subject: Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club BACKGROUND & ANALYSIS: On February 10, 2015, in response to an RFP, a selection committee came to an agreement with Di'Michelli's Catering Inc. (" Di'Michelli's") to operate and manage the snack bar operation at the Sandridge Golf Club. On March 10, 2015, the Board approved the recommendation and the Chairman signed an agreement for food concession services and entered into a lease agreement for sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. The owner of Di'Michelli's requested to enter into an assumption and joinder agreement adding Bottom's Up Beverage of Florida, LLC, as a fully responsible co -tenant. The Board approved this request on December 12, 2017. The original lease calls for successive one- year renewal periods not to exceed an aggregate lease term of 10 years. The first one-year renewal approved by the Board on March 3, 2020, to expire on March 31, 2021. The second one-year renewal approved by the Board on March 2, 2021 expired on March 31, 2022. The third one-year renewal approved by the Board on February 15, 2022 expired on March 31, 2023. The fourth one-year renewal approved by the Board on March 7, 2023 expires on March 31, 2024. Staff is satisfied with Di'Michelli's performance under the Agreement and desires to renew another year. The Agreement may be terminated for cause, or upon the expiration of the one-year term, and may only be renewed under mutually acceptable terms. The monthly rent is calculated based on the sales including 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income. The rent income the first full fiscal year of business revenue totaled $23,180.42 in FY 2015-16, and has increased to $50,578.54 in FY 2022-23. For the current budget year, sales are currently 13.4% above last year through the end of December. Di'Michelli's has made a number of improvements to the restaurant as per the lease including new tables, chairs, cabinetry and equipment and has fulfilled all of their obligations as per the lease for the initial term. C:\Granicus\Legistar5\L5\Temp\eOda5f3d-2725-4f5d-a21 d-92f2cfDaMe.doc 152 FUNDING: Projected revenue from the approval of this Agreement is anticipated to generate $45,000.00 based on the average of the past three years and will be deposited into the Sandridge/Snack Bar Rent revenue account, number 418038-362012, as shown below. ✓ 4� � ` Y .gym �:? "' z a; .....�`,,..� � x a� � ,.+;, T t � °" e� r.� ' 'a #„� ,.-k t. { �. t' �' 't'F" Sandridge/Snack Bar Rent 418038-362012 $45,000 RECOMMENDATION: Staff respectfully requests that the Board approve the renewal term under the existing lease and authorize the Chairman to execute the document. ATTACHMENTS: Fifth Renewal Agreement For Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc APPROVED AGENDA ITEM FOR FEBRUARY 6, 2024 C:\Granicus\Legistar5\L5\Temp\eOda5t3d-2725-4P5d-a21d-92f2 M927e.doc 153 RENEWAL OF AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. This Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. ("Renewal") is entered into this 6th day of February, 2024 (`Effective Date"), by and between Indian River County ("County"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960, and Di'Michelli's Catering, Inc., a Florida corporation whose address is 857 South Kings Highway, Ft. Pierce, FL, 34949 (the "Concessionaire"). WHEREAS, County and Concessionaire entered into the Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc., (the "Agreement") which commenced on April 1, 2015; and WHEREAS, on December 12, 2017, an Assumption and Joinder to Agreement for Food Concession Services and Lease at Sandridge Golf Club was entered into by Bottom's Up Beverage of Florida, LLC; and WHEREAS, the Agreement was renewed for a one-year term commencing on April 1, 2020 until March 31, 2021; and WHEREAS, the Agreement was renewed for another one-year term commencing on April 1, 2021, which ended on March 31, 2022; and WHEREAS, the Agreement was renewed for another one-year term commencing on April 1, 2022, which ended on March 31, 2023; and WHEREAS, the Agreement was renewed for another one-year term commencing on April 1, 2023, which ends on March 31, 2024; and WHEREAS, County and Concessionaire desire to renew the Agreement for one year, until March 31, 2025, under the terms as set forth in the Agreement; and WHEREAS, the Agreement can be renewed for successive one-year terms for a maximum of ten years; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 1 154 2. The Agreement is renewed until March 31, 2025, unless otherwise terminated as set forth in the Agreement. 3. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. as of the day and year first written above. CONCESSIONAIRE Di'Michelli's Catering, Inc. Juliann Petticrew, President Bottom's Up Beverage of Florida, LLC Juliann Petticrew, President WITNESS: WITNESS: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal, County Attorney 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Susan Adams, Chairman Board of County Commissioners Approved by the BCC: February 6, 2024 APPROVED: By: John A. Titkanich, Jr., County Administrator 155 o -A. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Chris Balter, Chief, Long Range Planning DATE: January 24, 2024 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 2023/24-2027/28. It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on February 6, 2024. BACKGROUND Indian River County adopted its comprehensive plan on February 13, 1990. According to state law, all development activities must comply with the comprehensive plan, and all county activities must conform to its policies. While local governments can amend their comprehensive plans periodically, there is no annual requirement to update them, except for the Capital Improvements Element (CIE). The CIE is the only element that must be amended every year in compliance with state regulations. State law allows amendments to the Capital Improvements Program (CIP) schedule and its supporting data and analysis through local government ordinance adoption/amendment procedures. These procedures require only one hearing, while other comprehensive plan amendments involve multiple public hearings and several months of review. To comply with state requirements, County staff has prepared the annual update of the County's existing Capital Improvements Element. 1 156 ANALYSIS The process for updating the CIE involves collaborating with the budget and finance departments to gather information about past and predicted future revenues and expenditures, then working with each county department to determine the status of their capital improvements programs. For each department, data related to completed and proposed projects, costs, revenues, prioritization, and other factors were collected. The budget department reviewed the projects and made necessary changes to ensure financial viability. Based on all these inputs, planning staff revised the tables and text of the 5 -Year Capital Improvements Program and supporting data and analysis. Proposed Changes to the Capital Improvements Element • Capital Improvements Program The Capital Improvements Program lists all programmed capital improvements for fiscal years 2023/24 through 2027/28. The projects included in the CIP were chosen based on their need and the County's financial capacity to complete them. As per the CIP, the total cost for all of the projects planned for the next five fiscal years is $489,010,568. The CIP is structured in 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 Beach renourishment projects in sectors 4, 5, and 7 represent the coastal management capital projects that are scheduled to take place within the next five years. These projects will be funded by various sources such as the Federal Emergency Management Agency, Florida Department of Environmental Protection, Optional Sales Tax, and the County's Beach Restoration Fund. The total cost for these projects for the fiscal years 2023/24 through 2027/28 is estimated to be $28,029,149. Conservation and Aquifer Recharge The focus of capital projects for conservation and aquifer recharge is to improve existing conservation lands. These improvements include constructing passive recreational access facilities such as boardwalks and kayak launches, along with associated enhancements such as parking and restroom facilities. Additionally, projects to stabilize, improve, or preserve historic 2 157 structures will be undertaken. These projects will be funded from various 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 falling under this category for fiscal years 2023/24 through 2027/28 is $14,025,675. Emergency Services Emergency services has numerous capital projects lined up for the upcoming fiscal years of 2023/24 through 2027/28. These projects include acquiring multiple ambulances and fire trucks, undertaking construction work on Emergency Services Stations 7, 15, and 16, and upgrading various equipment and facilities. The funding for these improvements will come from impact fees, a one -cent local optional sales tax, and emergency services district millage. The total expenditure for these projects totals $48,522,558. Facilities Management Over the next five fiscal years, there are several facilities management capital improvement projects that will cost a total of approximately $31,277,765. These projects will include expansion of County Administration Building B, expansion of broadband, fiber optic cable connectivity, renovations to several county buildings, replacement of the Traffic Operations Building, and the County's portion of the 4 -county replacement of the Medical Examiner's Office. Fundingforthese projects will come from various sources, such as the one -cent local option sales tax, American Rescue Plan funds, and impact fees. Law Enforcement and Corrections Over the next five years, there will be various capital improvement projects in the law enforcement and corrections sector. These projects will include expansions and renovations of the Sheriff's facility, construction of a new classroom and a real-time crime center, and overall improvements in the corrections system. The funding for these projects will be sourced from Law Enforcement impact fees and the one -cent local option sales tax. The total expenditure for these projects for fiscal years 2023/24 through 2027/28 is $31,843,479. Parks and Recreation Various parks and recreation projects are planned for the future. These projects aim to improve facilities such as the Victor Hart Sr. Complex (formerly known as Gifford Park), Fran B. Adams Regional Park, Hobart Park, 58th Avenue ballfields, County Fairgrounds, West Wabasso Park, Sandridge clubhouse, and the Jackie Robinson Training Complex. The funding for these projects 3 158 will come from the one -cent local option sales tax, golf club user fees, Windsor fund, boating improvement fund, and impact fees. The total amount of money allocated for these projects for fiscal years 2023/24 through 2027/28 is $33,810,393. Sanitary Sewer and Potable Water In the fiscal years 2023/24 through 2027/28, there are several plans for capital improvement projects related to potable water and sanitary sewer. These plans include the construction of multiple water mains (new and replacement), West Wabasso and Floravon Shores septic to centralized sewer conversions, the restoration of Ixora Park sewer main, and improvements to the South Oslo water treatment facility. To fund these projects, various sources will be used, such as one -cent local option sales tax, user fees, grants, American Rescue Plan funds and impact fees. The total expenditure for these projects will be $72,241,621. Solid Waste Over the next five fiscal years, there are various solid waste capital improvement projects planned. These include the expansion of Cell II of Segment 3 and construction of Cell III of Segment 3 of the landfill, the construction of an HHW building, a new single -stream recycling building, a new drop-off facility, and various upgrades at the landfill. The total cost of these improvements is $25,950,000 and will be funded through assessments, user fees, and the escrow account. Stormwater Management Capital improvement projects will be carried out to enhance the stormwater management systems in various areas. These include the North Indian River Drive Stormwater Treatment Project, Egret Marsh, South Relief Canal Water Lettuce Harvesting, and a TMDL/Lagoon Treatment System. Those projects will be funded through the one -cent local option sales tax. The total expenditure for this category from fiscal years 2023/24 through 2027/28 will be $4,100,000. Transportation Transportation projects account for the largest share of CIP expenditures. These projects include road widening, sidewalk installations, turn lanes, intersection improvements, paving, and related projects across the county. The funding for capital improvements to county -maintained roads comes from traffic impact fees, gas tax revenue, assessments, and the County's one -cent local option sales tax. Some expenditures for roads are also financed by the State of Florida, developers, and grants. The total expenditure on transportation projects is $199,209,928. 12 159 The following comparison table illustrates the changes in funding from the previous year's CIP to the current one. Comparison of Existing (Last) 5 -Year CIP Expenses by Category to Proposed 5 -Year CIP Expenses by Category Category EY 2022/23-2026/27 EY 2023/24-2027/28 Difference $ Difference % Coastal Management $12,700,000 $28,029,149 $15,329,149 121% Conservation & Aquifer Recharge $14,568,500 $14,025,675 ($542,825) -4% Emergency Services $35,771,198 $48,522,558 $12,751,360 36% General Services/Facilities Management $33,968,317 $31,277,765 ($2,690,552) -8% Law Enforcement & Corrections $21,814,785 $31,843,479 $10,028,694 46% Recreation & Open Space $25,590,590 $33,810,393 $8,219,803 32% Sanitary Sewer & Potable Water $85,458,953 $72,241,621 ($13,217,332) -15% Solid Waste $26,315,000 $25,950,000 ($365,000) -1% Stormwater Management $15,356,331 $4,100,000 ($11,256,331) -73% Transportation $203,145,852 $199,209,928 ($3,935,924) -2% Total $474,689,526 $489,010,568 $14,321,042 3% Indian River Lagoon 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 than 20% of projected one -cent local option sales tax revenue to lagoon -related projects during the FY 2023/24 —2027/28 period. The allocation is within the Stormwater Management, Conservation, Parks and Recreation, 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: • 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 5 160 There are many projects in the CIP that have benefits for the lagoon, in addition to the ones already listed. These projects are listed in the Transportation section and include road projects that can treat run-off from older improvements that currently do not provide any treatment. The funding for these projects is partly proposed to come from 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 may be amended only in such a way as to preserve the internal consistency of the plan. The comprehensive plan consists of goals, objectives, and policies that are crucial for directing the community's development. Policies are statements that outline the actions the county will take to achieve these goals. They serve as the basis for all decisions related to land development in the county. Although all policies are important, some are more relevant than others when reviewing amendment requests. In this case, the following policy is particularly relevant: • Future Land Use Element Policy 14.3 When evaluating a plan amendment request for consistency with the County's Comprehensive Plan, the most crucial policy to consider is future land use element policy 14.3. This policy specifies four criteria that must be met to approve a comprehensive plan amendment request. At least one of these four criteria must be satisfied to proceed with the request. ■ a mistake in the approved plan; ■ an oversight in the approved plan; ■ a substantial change in circumstances affecting the subject property; or ■ a swap or a reconfiguration of land uses at separate sites. In this case, the proposed amendment to the CIE meets the third criterion of policy 14.3 of the future land use element. Since the CIE was last revised, some capital improvements have been completed, others have been added, revenue projections have changed, and priorities have been modified. Those circumstances warrant the amendment. • Capital Improvements Element Policies 1.1, 1.2, 1.3, 1.5, 1.10, and 1.11 Capital improvements element policies 1.1, 1.2, 1.3, 1.5, 1.10 and 1.11 require the County to maintain and implement a capital improvements program which is evaluated and updated M 161 periodically. Those policies also describe how the county will evaluate and prioritize capital improvements. By updating the capital improvements program in accordance with those requirements, the proposed amendment is consistent with those policies. • Capital Improvements Element Policy 1.9 Capital improvements element policy 1.9 states that the county shall include all capital expenditures in excess of $100,000 in its schedule of improvements. Since the proposed CIE update amendment identifies all capital expenditures in excess of $100,000, the proposed amendment is consistent with capital improvements element policy 1.9. While the referenced policies are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the proposed amendment for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the proposed amendment is consistent with the comprehensive plan. RECOMMENDATION Based on the analysis conducted, staff recommends that the Board of County Commissioners approve the update to the 5 -Year Capital Improvements Program for the period FY 2023/24- 2027/28 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the attached ordinance. ATTACHMENTS 1.) Comprehensive Plan Text Amendment Adoption Ordinance 2.) Draft 2023 Capital Improvement Element 3.) 5 -Year Schedule of Capital Improvements 4.) Appendix B -D 7 162 Ordinance #:2024 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 February 06, 2024, 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 163 Element is financially feasible. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 5. Severabilitv 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 7th day of January 2024, for a public hearing held on the 06 day of February 2024, at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman 164 Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY M William K. DeBraal, County Attorney 165 TABLE OF CONTENTS Listof Figures.................................................................................................................................. ii Listof Tables................................................................................................................................... iii Introduction..................................................................................................................................... 1 ExistingConditions.......................................................................................................................... 2 FinancialResources...........................................................................................................................2 Expenditures....................................................................................................................................19 ExistingOutstanding Debt...............................................................................................................21 Local Policies and Practices............................................................................................................22 Analysis.......................................................................................................................................... 25 Analysis of the Timing and Location of Capital Improvements......................................................26 NeedsAssessment............................................................................................................................30 FiscalAssessment............................................................................................................................31 FiscalAssessment Summary ...........................................................................................................36 Concurrency Management Plan..................................................................................................... 36 ProjectApplicability........................................................................................................................ 37 ServiceStandards.............................................................................................................................37 Demand............................................................................................................................................ 38 Availabilityof Capacity...................................................................................................................40 Regulation........................................................................................................................................ 42 MonitoringSystem..........................................................................................................................42 Applicability....................................................................................................................................44 Goal, Objectives and Policies......................................................................................................... 44 Implementation, Evaluation, and Monitoring.................................................................................. 53 Implementation................................................................................................................................ 53 Evaluation and Monitoring Procedures...........................................................................................55 APPENDIXA: Five Year Schedule of Capital Improvements............................................................ A APPENDIX B: 2045 Roadway Improvement Plan............................................................................ B APPENDLY C: School District oflndian River County Capital Improvements Schedule ................... C APPENDLYD: School District of Indian River County Summary of Estimated Revenue .................. D Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- i 166 List of Figures Fi ure Title Figure 6.1 Ad Valorem Taxes (Property Taxes) .................... Figure 6.2 Enterprise Funds .................................................. Figure 6.3 User Fees and Charges ........................................ Figure 6.4 Special Assessments ............................................. Page ................................................. 3 ....................................... 4 ...................................................... 4 .................................................. 4 Figure6. S Impact Fees................................................................................................................... S Figure 6.6 Local Discretionary Sales Surtax................................................................................. 6 Figure 6.7 Tourist Development Tax.............................................................................................. 8 Figure6.8 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 ..................................... Figure 6.13 County Fuel Tax ................................................. Figure 6.14 Alcoholic Beverage License Tax ........................ Figure 6.15 Mobile Home License Tax .................................. Figure 6.17 General Government Expenditures by Function Planning & Development Services Adopted February____, 2024, Ordinance 2024 - ii ...................................................... 15 ...................................................... 16 Indian River County 167 List of Tables Table Title Table 6.1: Table 6.1: Indian River County Revenue Sources (FY 2021122) Table 6.2: Optional Tourist Taxes on Transient Rental Facilities ............... Table 6.3: Local Fuel Tax Rates Page ............................... 2 ............................... 9 ................................... 11 Table 6.4: Indian River County General Revenues By Source ..................................................... 19 Table 6.5: Indian River County General Government Expenditures By Function ....................... 19 Table 6.6: Indian River County Existing Long Term Debt........................................................... 22 Table 6.7: Overall General Revenue Projection Summary .......................................................... 28 Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element ............................... 28 Table 6.10: Future Capital Improvement Expenditures for Indian River County &.................... 31 Table 6.11: Indian River County Overall General Expenditures Projection Summary ............... 32 Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste ........................................... 33 Table 6.13: Indian River County Overall Operating Cost Projections ........................................ 33 Table 6.14: Indian River County Estimated Ability to Raise Bonds Without A Public Vote........ 34 Table 6.15 Indian River County Bond Schedule 35 Table 6.16: Service Level Measures for Concurrency Related Facilities .................................... 37 Table 6.17: Monitoring System Design........................................................................................ 43 Table 6.18: Monitoring System Tasks........................................................................................... 44 Table 6.19: Capital Improvement Element Implementation Matrix ............................................. 54 Table 6.20: Capital Improvements Element Evaluation Matrix ................................................... 56 Planning & Development Services Adopted February____., 2024, Ordinance 2024 - iii Indian River County 168 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 of this element. In the concurrency management section, the administrative framework for maintaining public facility service levels is addressed while the county's overall capital improvements strategy is discussed in the goals, objectives and policies section. Finally, a 5 -Year Schedule of Capital Improvements, as well as monitoring and evaluation programs, can be found in the implementation section of this element. Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 1 UM 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 2021/22. Table 6.1 also shows the percentage distribution of total revenue received by Indian River County for each of the revenue sources. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 2 170 Table 6.1: Indian River County Revenue Sources (FY 2021/22) Fedw*1Sources State Sources I.sMatl . Amount % of Total Amount % of Total Amount % of Total ($1,000) Revenue ($1,000) Revenue ($1,000) Revenue Various Grants $17,188 5.11% Local Government Half -Cent Sales Tax $13,303 3.96% Ad Valorem Taxes $121,641 36.20% Total Federal $17,188 5.11% County Revenue Sharing $5,723 1.70% Enterprise Funds $69,009 20.54% Constitutional Fuel $1,897 0.56% User Fees and $20,442 6.08% Tax Charges $832 0.25% $505 0.15% County Fuel Tax Special Assessments Alcoholic Beverage License Tax $65 0.02% Impact Fees $10,968 3.26% Distribution of $447 0.13% $26,014 7.74% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $108 0.03% $4,485 1.33% Mobile Home Tourist Development License Tax Tax Various Grants $14,475 4.31% Local Option Fuel $3,591 1.07% Tax Total State $36,850 10.97% Franchise Tax $10,764 3.20% $0 0% Interest Income $14,584 4.340/a Other $282,003 83.92% Total Local $336,041 100.00% Total All Sources Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 2 170 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) i 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, sw�ooa thousandths of a dollar of assessed value. The state mandated millage cap is 10 mills per local government, excluding voted . .:. millages. In FY 2021/22, Indian °" River County imposed an aggregate voo± millage rate of 6.1226. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Table 6.1 shows that, in FY 2021/22, Indian River County collected approximately $121,641,000 in ad valorem taxes. In FY Comprehensive Plan Capital Improvements Element 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, 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. Table 6.1 shows that enterprise fund revenue represented 20.54% of Indian River County's total funds for FY 2021/22. Figure 6.2 displays the enterprise fund revenue collected by Indian River County over the last seven fiscal years. During that time period, enterprise fund revenue increased 33.47%. User Fees and Charges r�r•� Jnr � � � �trn rrrr � ��� w■ � i ni+rE 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 FIGURE 6.4 SPECIAL ASSESSMENTS services not financed by other fund REVENUE BY FY sources. In FY 2021/22, user fees and charges represented 6.08% of all funds collected by Indian River County. Figure 6.3 displays user fees and charges collected by Indian River County over the last seven fiscal years. During that time period, revenue from user fees and charges varied, but overall increased by 31.06%. Special Assessments Planning & Development Services Adopted February_____, 2024, Ordinance 2024 - Indian River County 4 172 Comprehensive Plan Capital Improvements Element Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services. By law, the assessment levied must fairly reflect the actual costs of the improvements. County revenues which fall under the general category of special assessments consist of street paving assessments, street lighting district assessments, as well as assessments for water, sewer, and drainage improvements. Expenditures of special assessment revenue are restricted to public improvement 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 2021/22. Figure 6.4 displays the revenue collected by Indian River County through special assessments over the last seven fiscal years. During that time period, revenue from special assessments FIGURE 6.5 IMPACT FEE REVENUE BY... decreased by 5.78%• FY 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. Revenue ti fthb—I Rim' E i 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 Planning & Development Services Adopted February___, 2024, Ordinance 2024-. Indian River County 5 173 Comprehensive Plan Capital Improvements Element Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an effective date of February 2, 2015. For both the nonresidential impact fee schedule and the residential impact fee schedule the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than ten million dollars of impact fee revenue was collected in FY 2021/22. During the past seven years revenue from impact fees have increased 75.15%. 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 FIGURE 6.6 LOCAL DISCRETIONARY of the taxable sale. This sales SALES SURTAX BY FY tax can be levied on most transactions under $5,000. v_ According to state law, Indian River County is eligible to impose a Local } Government Infrastructure. Surtax of either 0.5% or 1.0%. Currently, Indian River County imposes the 1.0% Infrastructure Surtax. Procedurally, the Local a 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, Planning & Development Services Adopted February____, 2024, Ordinance 2024-. Indian River County 6 174 Comprehensive Plan Capital Improvements Element 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 7.74% of all funds collected by Indian River County in FY 2021/22. Figure 6.6 displays the Local Discretionary Sales Surtax revenue received by Indian River County over the last seven fiscal years. This local revenue source increased by 54.30% 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, 25 of the 67 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. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 7 175 Comprehensive Plan Capital Improvements Element 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 FIGURE 6.7 TOURIST DEVELOPMENT vote of the governing board TAX REVENUE BY FY or by referendum. Further, .: r. if a professional sports • -- franchise facility is located a within a county, an saae m _ additional one to two 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 67 counties, 63 currently levy a tourist tax. Of those 63 counties, 53 counties, including Indian River County, impose an additional one percent tourist tax; 44 counties, including Indian River County, impose a one percent professional sports franchise tax, and 30 counties impose the second one percent professional sports franchise tax. Planning & Development Services Adopted February_____, 2024, Ordinance 2024 - Indian River County 8 176 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% 1.00% ---------- ---------- 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 *Pahn 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: August 2023 The Local Option Tourist Tax can be used for the following purposes: (1) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote one or more publicly owned and operated convention centers, such as sports stadiums, coliseums, or auditoriums within the district that the tax is imposed; (2) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote aquariums, or museums that are publicly owned and operated or owned and operated by a not-for-profit organization and open to the public, within the boundaries of the county or sub -county special taxing district in which the tax is levied; (3) Promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 9 177 Comprehensive Plan Capital Improvements Element (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 seven fiscal years. Since FY 2015/16, Tourist Development Tax revenue has increased 84.34%. ➢ Local Option Fuel Tax FIGURE 6.8 LOCAL OPTION FUEL TAX REVENUE BY FY r 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 1.07% of all funds collected by Indian River County for FY 2021/22. 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 increased by 2.37%. All 67 Florida counties levy the full $0.06 of the original local option fuel tax. Planning & Development Services Adopted February_____, 2024, Ordinance 2024-. Indian River County 10 178 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, 54 of the 67 Florida counties levy the Ninth -Cent Fuel Tax, while 36 of the 67 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 Unice of Economic and Demographic Research website: August 2023. Franchise Fee/Tax FIGURE 6.9 FRANCHISE FEE TAX Counties and municipalities may REVENUE BY FY 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. RPM 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, x f water, sewer, garbage, and cable`ww- television franchises.i Planning & Development Services 4 h0na.River Ceaaty. Adopted February , 2024, Ordinance 1 2024- 1.1 { 179 Comprehensive Plan Capital Improvements Element Table 6.1 shows that franchise fee revenue represented 3.20% of all funds collected by Indian River County in FY 2021/22. Figure 6.9 shows that since FY 2015/16 franchise fee revenue collected by Indian River County increased by 16.07%. 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 4.34% of all funds collected in FY 2021/22. Borrowing As needed, the county uses borrowing as a financing vehicle to raise money for public purposes that are beyond the realm of current cash reserves, operating revenue and reasonable taxation. Currently, borrowing money to pay for capital improvements can be done through either short-term or long-term financing. Short term financing is usually accomplished by the use of bond pools, notes, private placements with banks, and the public placement of Voted General Obligation debt. Long term financing is usually achieved through the issuance of bonds sold on the public market. According to state law, local governments may sell bonds for capital improvements without a referendum of the voters if the pledge used for the bond is a non -ad valorem revenue source. Conversely, any bond issue pledging ad valorem taxes requires approval through a voter referendum. General Obligation Bonds are bonds that are secured by the full faith and credit of the issuing government. Those bonds are secured by a pledge of the issuer's ad valorem taxing power. According to state law, the amount of ad valorem taxes necessary to pay the debt service on general obligation bonds is not subject to the constitutional property tax millage limits. Such bonds constitute debts of the issuer and require approval through a voter referendum prior to issuance. Revenue bonds are bonds payable from a specific source of revenue, where the full faith and credit of the issuer is not pledged to repay the bonds. Because revenue bonds are payable from identified sources of revenue, bond holders may not compel taxation or legislative appropriation of funds for payment of debt service. Pledged revenues may be derived from operation of financed projects, grants, or other specified non -ad valorem taxes. A public referendum is not required prior to issuance or validation of such obligations. In the past, the county has issued revenue bonds to finance improvements to its sanitary sewer, potable water, and golf course facilities. Also, revenue bonds have been issued to finance the cost of construction of various capital improvement projects. Deposits from bond revenues are put into the respective bond fund accounts for those projects, whereby funds are specifically designated for a particular project, and user charges are used to payoff the debt. Special assessment bonds are bonds issued to pay for capital improvements that impact specific areas or groups of property owners. Proceeds from the assessments levied against benefiting property Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 12 180 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. 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. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 13 181 Comprehensive Plan Capital Improvements Element State Sources Revenue classified as state sources may be generated locally but collected by the state and returned to the county. Table 6.1 displays the state revenue sources applicable to Indian River County. Those sources are described in further detail below. Local Government Half -Cent Sales Tax The Local Government Half Cent Sales Tax Program allocates 8.9744% of net sales tax proceeds remitted by sales tax dealers in a county to a special account administered by the Department of Revenue; that account is the Local Government Half Cent Sales Tax Clearing Trust Fund. Those funds are then earmarked for distribution to the governing body of the county and each municipality within the county. Distribution of those monies within the county is determined by a formula that uses a weighting factor based on the population of the incorporated and unincorporated areas and multiplies that factor by 8.9744% of the sales tax proceeds received by the county. In FY 2021/22, Indian River County received $13,303,000 through the half -cent sales tax. As shown in Table 6. 1, that amount represented 3.96% of all funds collected FIGURE 6.10 HALF CENT SALES TAX by Indian River County during the 2021/22 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 seven fiscal years. Overall, Indian River County's half -cent sales tax revenue increased by 47.09% between Fiscal Year 2015/16 and Fiscal Year 2021/22. Occasionally, governments can receive supplemental :30,001 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. Planning & Development Services Adopted February_____, 2024, Ordinance 2024 - Indian River County 14 182 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 ; FIGURE L,11 C-QU VENUS sales and use tax collections. ' ., Proceeds are collected by the tat d th d' trib t d t s ean en is ue opow eligible counties based on an allocation formula. There are s5.ow 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: Revenue (in thousan (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 1.70% of all funds collected by Indian River County in FY 2021/22. Figure 6.11 shows that, between Fiscal Year 2015/16 and 2021/22, Indian River County's revenue from revenue sharing increased by 66.80%. 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. Planning & Development Services Adopted February , 2024, Ordinance 2024-. Indian River County 15 183 Comprehensive Plan Capital Improvements Element In its current form, the F 1 O 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. i{ After complying with the ' ff 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 0.56% of total revenue received by Indian River County in FY 2021/22. Figure 6.12 shows that, over the last seven fiscal years, constitutional fuel tax revenue received by Indian River County increased by 7.42%. County Fuel Tax The county fuel tax is levied on motor fuel at the rate of one cent per FIGURE 6.13 COUNTY FUEL TAX By net gallon. The legislative intent of this tax is to reduce a county's reliance on ad valorem taxes. Funds $NO.-— -� 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 0.25% of all revenue, collected by Indian River County in FY 2021/22. Figure 6.13 shows that, over the last seven fiscal years, f Planning & Development Services Adopted February , 2024, Ordinance 2024- Comprehensive Plan Capital Improvements Element county fuel tax revenue received by Indian River County increased 6.26%. Alcoholic Beverage License Tax Alcoholic beverage license taxes are levied on manufacturers, distributors, vendors, and sales agencies of alcoholic beverages in Florida. The tax is administered, collected, enforced, and distributed to local governments by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation. Twenty-four percent of the license taxes imposed on the sale of beer, wine and liquor collected within a county is returned to the county Tax Collector. The remaining funds are used to operate the division and contribute to the operation of the Office of the Secretary of Business Regulation. FIGURE 6.14 ALCOHOLIC BEVERAGE LICENSE'„ W �". ` Table 6.1 shows that the rer county received approximately $65,000 from this tax in FY 2021/22, , Revenue 0.02% of all revenue Rue (in thousands) received by Indian River County. Figure 6.14 shows that, over the last seven 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 $447,000. Table 6.1 shows that revenue received from the Distribution of Sales and Use Taxes represented 0.13% of revenues received by Indian River County in FY 2021/22. Uses for this revenue are determined by the Board of County Commissioners. Planning & Development Services Adopted February____, 2024, Ordinance 2024-. Indian River County 17 185 Comprehensive Plan Capital Improvements Element 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 FIGURE 6.15 MOBILE HOME LICENSE deductions are made. The TAX BY FY first is a deduction of $1.50 by the Department of .. Highway Safety and Motor' Vehicles, with proceeds deposited into the State t General Revenue Fund. The second is a deduction of $1.00, with proceeds deposited into the Florida f Mobile Home Relocation Trust Fund. The remaining . ;. balance is deposited into the License Tax Collection Trust Fund for distribution ' to units of local tine°{ 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 2021/22. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 2015/16 and FY 2021/22. Various Grants Table 6.1 shows that funds received in the form of state grants represented 4.31 % of funds received by the county in FY 2021/22. 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. Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 18 186 Comprehensive Plan Capital Improvements Element 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 2021/22 the county received approximately $17,188,000 in federal funds. Those funds represented 5.11% of all funds received by Indian River County in FY 2021/22 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 2021/22. Table 6.4: Indian River County General Revenues By Source Fiscal Year 'Faxes Licenses & Intergovernme Charges for Fines & Miscellaneous Totals 2015/16 Permits ntal Revenue Services Forfeitures Revenues 2021/22 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 $21,586,692 $33,137,945 $71,070,803 $2,177,709 $18,510,569 $279,189,995 2019/20 $141,010,151 $21,463,368 $33,940,616 $71,654,810 $1,413,528 $16,166,807 $285,649,280 2020/21 $146,300,990 $27,700,912 $63,146,834 $78,137,077 $2,174,438 $10,685,356 $328,145,607 2021/22 $157,215,988 $28,522,043 $56,827,553 $83,973,603 $2,044,179 $7,458,466 $336,041,832 Source: Indian River County Finance Department. 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 2021/22. 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 2021/22 General Government $29,456,693 $23 028 473 $30,631,940 $28,825,668 $30,964,357 $43,454,745 $69,225,120 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 19 187 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 2021/22 Public Safety $81,251,970 $89,841,802 $92,695,363 $94,683,976 $102,163,713 $110,383,649 $117,916,231 Physical Environment $49,148,815 $55 578 221 $59 317 463 $65,665,032 $62,467,257 $62 006 788 $66,624,746 Transportation $30,991,899 $29,314,242 $31,359,379 $31,224,861 $35,037,602 $32,328,979 $32,577,171 Economic Environment $424,593 $437,031 $426,085 $469,565 $510,010 $847,483 $1.019.817 Human Services $7,868,392 $8,116,910 $9 302 125 $9,511,279 $11,662,394 $21,933,645 $11,610,851 Culture/Recreation $24,240,179 $15,891,840 $14 980 225 $21 638 673 $26,222,358 $28,541,061 $30,990,547 Court Related $6,605,682 $6,755,050 $6 540 045 $7,187,297 $6,536,101 $7,752,380 $7,427,472 Debt Service $5,215,007 $5 230 520 $5 270 153 $6,179835 $7 887 367 $491,006 S475375 TOTAL $228,775 010$240,622,309 $250,522 778 $265,386,186 $283,451,1589 $307 739,736 $337,867,330 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. 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, $69,225,120 was spent on general government services in FY 2021/22. 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 2021/22, spent $117,916,231 for public safety services. Physical Environment The physical environment classification encompasses the county's water and wastewater 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 $66,624,746 was spent on these activities in FY 2021/22. 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 $32,577,171 on transportation facilities in FY 2021/22. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 20 188 Comprehensive Plan Capital Improvements Element 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 $1,019,817 was spent on economic environment services in FY 2021/22. Human Services Human Services covers 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 $11,610,851 on human services in FY 2021/22. 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 $30,990,547 on those services in FY 2021/22. 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 $7,427,472 in FY 2021/22. 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 $475,375 in FY 2021/22. Existing Outstanding Debt At the end of FY 2021/22, 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 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 21 189 Comprehensive Plan Capital Improvements Element expansion of the Dodgertown spring training facility (now known as Jackie Robinson Training Complex). 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,09/30/2023 Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $2,935,000 4.87% 2031 AAA/FGIC State Funds & Tourist Tax $2,935,000 Total Bonds Outstanding Source: Indian River County Budget 2023/24. 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. Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 22 IGZC Comprehensive Plan Capital Improvements Element 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): 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 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 23 191 Comprehensive Plan Capital Improvements Element 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 "E" plus 20%: 27th Ave — South County Line to SR 60 43rd Ave - Oslo Road to 16d' Street For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. ➢ Transit One-hour headways shall be maintained on all fixed transit routes Level -of -service standards are discussed in further detail in individual Comprehensive Plan Elements. Asset-based level of service standards for impact fee calculation purposes are provided in the Impact Fee Ordinance (Title X). Capital Improvements Program A capital improvements program (CIP) is a list of capital expenditures to be incurred each year over a fixed period of years to meet anticipated capital needs. In Indian River County, the CIP identifies the projects that the County plans to undertake in the next five years and presents an estimate of the costs and the resources needed to finance the projects. Revenue sources within the first year of the CIP reflect current fund balances as well as anticipated annual revenue collection. Within the first three years of the CIP, projects are funded entirely with "committed" revenue sources. "Committed" revenue sources are revenue sources that currently exist. Projects in years four and five of the CIP may be funded partially through "planned" revenue sources. "Planned" revenue sources are sources available to the County that have not been utilized. The Capital Improvements Element (CIE) itself consolidates the capital improvements needs of all elements of the Comprehensive Plan into an overall five-year Capital Improvements Schedule. The overall program lists the needs, costs, timeframes, priorities, and the necessary financial resources to implement the identified capital improvement projects in the various elements of the plan in the next five years. Planning & Development Services Indian River County Adopted February______, 2024, Ordinance 2024- 24 192 Comprehensive Plan Capital Improvements Element Impact Fees/Capacity Charges Impact fees are charges to developers for off-site improvements that must be provided by the local government to serve new development. That financing technique is one strategy that the County uses to implement the CIE. Currently, the County has nine impact fees in place; those are traffic impact fees, which became effective in 1986, and eight additional impact fees which became effective in June of 2005. Those eight impact fees are assessed for the following service delivery categories: solid waste, public schools, fire/ems, parks and recreation, correctional facilities, law enforcement, libraries, and public buildings. In 2009, the Board of County Commissioners (BCC) voted to suspend five of the nine impact fees for a period of six months. Their intent in doing so was to help encourage development during the economic recession. Since then, the BCC has voted several times to maintain the suspension of at least three of the impact fees. Most recently, the Board of County Commissioners completed a review of all impact fees, and on April 22, 2014 adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014 and adopted a revised residential impact fee schedule on October 14, 2014 with an effective date of February 2, 2015. For the new impact fee schedule, the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. In October 1999, the county's water and sewer impact fees were reclassified as capacity charges. A capacity charge is a fee charged to the direct beneficiaries of water and sewer improvements in order to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers. Enterprise Funds Enterprise funds are used to account for operations financed and operated in a manner similar to private businesses, when the intent of the governing body is that the full costs of providing the service to the general public on a continuing basis be financed or recovered primarily through user charges. Currently, the County operates its solid waste services, golf course facility, building division services, and utility services as enterprise funds. As a tool for affecting the timing and location of development, user charges may be designated to vary with the quantity and location of the service provided. Thus, charges could be greater for providing services further from urban areas and less for distances closer to urban areas. In this way, user charges could affect the economics of development locating further away from urban areas. Analysis The analysis section of this element assesses the County's historic and projected revenue and expenditure patterns to determine the County's fiscal ability to provide adequate capital improvements. Those capital improvements have been identified in other comprehensive plan elements and are needed to meet the demands of existing and future development. Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 25 193 Comprehensive Plan Capital Improvements Element As part of this analysis, revenue and expenditure projections are identified and analyzed, and a fiscal assessment of needs (costs) versus projected available revenue is included. Analysis of the Timing and Location of Capital Improvements Objectives and policies from the Future Land Use Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, Recreation and Open Space Element, Public School Facilities Element, and the Transportation Element, as well as policies followed by the Sheriff's office and County departments such as Emergency Management, Corrections, Libraries, and Solid Waste, have the most direct effect on the timing and location of capital improvements. Through planning for future improvements to the transportation system, the Transportation Element directly affects the development potential of property. Also affecting the development potential of property are the water and sewer connection requirements and the availability of parks, and public school capacity. Within the Future Land Use Element (FLUE), the assignment of land use density and intensity, as well as the urban service area regulations, affect the timing and location of capital improvements. Consistent with the FLUE and urban service area requirements in the County's comprehensive plan, the County provides public facilities and services to promote compact development by emphasizing infill development in urban areas and maximizing the efficiency of existing facilities and services in underutilized areas. The FLUE also limits urban sprawl and ensures that adequate facilities will be present to accommodate future growth. Maximizing the use of existing facilities and controlling urban sprawl will contribute to a cost-effective and efficient service delivery system. Using the County's official Future Land Use Map and Future Thoroughfare Plan Map, as well as the County's water and wastewater connection matrix, in planning for future locations of facilities provides for efficient and orderly expansion of public facilities, provides for efficient growth in desired areas, discourages growth in undesirable areas, and protects environmentally sensitive lands. Consistent with that policy, development orders are issued only after a determination is made that adequate public facilities and services will be available to meet the demand of new development. Overall, the objectives of the FLUE, Transportation Element, Parks and Recreation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and the Public -School Facilities Element are furthered by the extension of facilities and services in a logical and efficient manner. That is accomplished by implementing the adopted Capital Improvements Element and its corresponding Schedule of Capital Improvements. Successful and efficient implementation of those items ensures that facilities and services will be in place concurrent with future demand. If a capital improvements project is not included in the adopted Schedule of Capital Improvements and the improvement is required to maintain adopted level -of -service standards, future development will be prohibited until the necessary facilities are in place. That, in effect, indirectly controls the Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 26 194 Comprehensive Plan Capital Improvements Element timing and location of future development and, in turn, furthers the implementation of the Future Land Use Element and Transportation Element objectives. Appendix A constitutes the County's five-year schedule of capital improvements. The purpose of the CIP is to ensure that improvements to existing facilities and construction of new facilities are completed as needed. By implementing the five-year schedule of capital improvements, the county will ensure that appropriate areas will be served by needed facilities, thus maintaining adopted levels of service. Besides implementing the components of this element, the County coordinates with the St. Johns River Water Management District (SJRWMD) and the various state agencies, such as the Florida Department of Transportation, when those agencies program facility or service improvements within Indian River County. The continuation of that coordination will ensure that the plans of state agencies and the SJRWMD will be consistent with the Comprehensive Plan and the timing and location of capital improvements as identified in the CIE. Forecasted Revenues In order to develop a financially feasible schedule of capital improvements, projected revenues over the five-year CIP time period are calculated. Those revenues are then compared to anticipated expenditures on capital improvements. For the first three years of the plan, only committed and available revenue sources are utilized. In developing revenue estimates for that process, the County considers historic revenue trends, current and anticipated economic conditions, population and growth trends, legislative changes, and any other factors that may impact future revenue streams. That analysis is far more complex than projecting prior trends into the future. That is evident in the forecasted revenues shown in this section. Since the start of the decline of the housing boom and throughout the economic recession that followed, there was a gradual decrease in most of the County's revenue sources. Forecasts show for all CIP revenue sources except "Other Sources", an increase in total revenue through FY 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 of professionally accepted methodologies. To ensure a financially balanced CIP (see Appendix A), scheduled expenditures were constrained by projected revenues. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 27 195 Comprehensive Plan Capital Improvements Element As part of this capital improvements element, the County's general revenues were forecasted for fiscal _years 2023/24 through 2027/28. 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 2023/24 through 2027/28. Those revenues include the County's general governmental funds, enterprise funds, and internal funds. As table 6.7 shows, general revenue collected by the County is forecast to decrease from fiscal year 2023/24 to fiscal year 2027/28 with revenues from "Other Sources" such as grants decr easing. Projecting a decrease in grant funding due to uncertainty of future grants is a conservative approach. Actual grant funding may be greater than projected. Table 6.7: Overall General Revenue Projection Summary FY 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL Taxes $199,669,162 $204,661,000 $209,778,000 $215,022,000 $220,398,000 $1,049,528,162 Permits, Fees & Special Assess. $45,032,833 $46,159,000 $47,313,000 $48,496,000 $49,708,000 $236,708,833 Intergovernmental $46,527,009 $47,690,000 $48,882,000 $50,104,000 $51,357,000 $244,560,009 Charges for Services $110,840,096 $113,611,000 $116,451,000 $119,362,000 $122,346,000 $582,610,096 Judgements, Fines & Forfeitures $651,450 $668,000 $685,000 $702,000 $720,000 $3,426,450 Interest & Misc. $15,009,436 $15,385,000 $15,770,000 $16,164,000 $16,568,000 $78,896,436 Other Sources $198,722,200 $70,915,450 $103,971,276 $68,914,839 $39,496,970 $482,020,735 TOTAL $616,452,186 $499,089,450 $542,850,276 $518,764,839 $500,593,970 $2,677,750,721 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 2023/24 through 2027/28. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Fiscal Transportation Potable Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 28 196 Comprehensive Plan Capital Improvements Element Year Fiscal Year General Fund M.S.T.U. Emergency Services District Tax Base Millage Tax Base Water& Solid Waste Millage F Constitution County Traffic 1 centInterest on 2.3531 Sanitary $27,318,038,317 3.5475 asal Gas Tax Gas Tax Impact Fee optional Gas TaxTotal 3.5475 Sewer 1.1506 $23,198,693,748 2.3531 2026/27 $28,981,706,851 $29,851,158,057 3.5475 3.5475 sales tax 1.1506 1.1506 $23,894,654,560 $24,611,494,197 2.3531 2.3531 2027/28 2023/24 $3,587,500 $1,870,000 $815,000 $5,520,000 $26,750,000 $505,000 $39,047,500 $47,047,191 $24,831,759 2024/25 $3,587,500 $1,870,000 $815,000 $5,630,000 $27,285,000 $505,000 $39,692,500 $48,223,000 $25,453,000 2025/26 $3,587,500 $1,870,000 $815,000 $5743,000 $27,830,700 $505,000 $40,351,200 $49,429,000 $26,089,000 2026/27 $3,587,500 $1,870,000 $815,000 $5,858,000 $28,387,314 $505,000 $41,022,814 $50,665,000 $26,741,000 2027/28 $3,587,500 $1,870,000 $815,000 $5,975,000 $28,955,060 $505,000 $41,707,560 $51,932,000 $27,410,000 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 2027/28. 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 2023/24 $26,522,367,298 3.5475 $14,824,996,291 1.1506 $21,866,993,824 2.3531 2024/25 $27,318,038,317 3.5475 $15,269,746,180 1.1506 $22,523,003,639 2.3531 2025/26 $28,137,579,467 3.5475 $15,727,838,565 1.1506 $23,198,693,748 2.3531 2026/27 $28,981,706,851 $29,851,158,057 3.5475 3.5475 $16,199,673,722 $16,685,663,934 1.1506 1.1506 $23,894,654,560 $24,611,494,197 2.3531 2.3531 2027/28 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. Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 29 197 Comprehensive Plan Capital Improvements Element Changes to the Capital Improvements Program Overall, County revenue sources except "Other Sources" are expected to increase from 2023/24 through Fiscal Year 2027/28 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 2027/28 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. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 30 198 Comprehensive Plan Capital Improvements Element 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 2023/24 2024/25 2025/26 2026/27 2027/28 Total Coastal Management $13,671,263 $6,000,000 $8,357,886 $0 $0 $28,029,149 Conservation & Aquifer Recharge $3,700,675 $2,800,000 $2,200,000 $2,300,000 $3,025,000 $14,025,675 Emergency Services $12 071 038 $6 367 520 $6 710 000 $12,797,000 $10 577 000 $48,522,558 General Services/Facilities Management $15,402,765 $11,000,000 $4,625,000 $125,000 $125,000 $31,277,765 Law Enforcement & Corrections $11,028,479 $4,550,000 $5,690,000 $4,700,000 $5,875,000 $31,843,479 Recreation &Open Space $13,672,393 $3,826,000 $5,006,000 $4,906,000 $6,400,000 $33,810,393 Sanitary Sewer & Potable Water $33,997,169 $12,044,080 $17,759,073 $5,938,079 $2,503,220 $72,241,621 Solid Waste $11,965,000 $2,625,000 $9,740,000 $270,000 $1,350,000 $25,950,000 Stormwater Management $1,350,000 $750,000 $0 $0 $2,000,000 $4,100,000 Transportation $75,428,001 $28,306,100 $43,041,317 $34,234,510 $18,200,000 $199,209,928 Total $192,286,783 $78,268,700 $103,129,276 $65,270,589 $50,055,220 $489,010,568 Public School Facilities* $23,466,003 $23,291,837 $26,492,567 $27,740,042 $35,990,810 $136,981,259 *The School District of Indian River County has the fiscal responsibility for capital improvement expenditures for public school facilities. Some public facilities, such as public education and health systems, are provided countywide, but are not the fiscal responsibility of the County. The County, however, is required by state statutes to provide some funds to the Indian River County Health Department (IRCHD). Consistent with state law, the Secretary of the Florida Department of Health appoints the administrator of the IRCHD with the concurrence of the Board of County Commissioners. The IRCHD maintains its financial records, and prepares its own financial report separate from the county. In the Public School Facilities Element of the County's comprehensive plan, there is an analysis and description of public schools. Based on general locational criteria for public schools, it is assumed that any new facilities which may be constructed in the County by 2027/28 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 Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 31 199 Comprehensive Plan Capital Improvements Element 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 2023/24 through 2027/28. Table 6.11: Indian River County Overall General Expenditures Projection Summary F1' 2023/24 2024/25 2025/26 2026/27 2027/28 General Gov't. Services $95,653,501 $93,257,000 $88,938,000 $86,546,000 $88,707,000 $162,817,775 $154,128,520 $159,191,000 $167,958,000 $170,675,000 Public Safety $126,145,214 $95,230,080 $108,635,073 $89,417,079 $91,810,220 Physical Environment $101,619,874 $55,153,100 $70,559,317 $62,440,510 $47,111,000 Transportation $615,593 $631,000 $647,000 $663,000 $680,000 Economic Environment $13,861,402 $14,208,000 $14,563,000 $14,927,000 $15,300,000 Human Services $52,738,259 $35,855,000 $40,043,886 $32,253,000 $34,431,000 Culture/Recreation $486,750 $484,750 $487,000 $483,250 $483,750 Debt Service Other $62,513,818 $50,142,000 $59,786,000 $64,077,000 $51,396,000 $616,452,186 $499,089,450 $542,850,276 $518,764,839 $500,593,970 TOTAL 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 2023/24 through 2027/28. Those expenditures include operating expenses and other expenses for each year. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 32 200 Comprehensive Plan Capital Improvements Element 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 2023/24 $33,997,169 $11,965,000 2024/25 $12,044,080 $2,625,000 2025/26 $17,759,073 $9,740,000 2026/27 $5,938,079 $270,000 2027/28 $2,503,220 $1,350,000 Source: Indian River County Office of Management and Budget. Table 6.12 shows that, in FY 2027/28, the forecast expenses for potable water and sanitary sewer services are expected to be $2,503,220. That is a decrease of 92.64% from the FY 2023/24 forecast expenses of $33,997,169. Table 6.12 also shows that, in FY 2027/28, the projected expenses for solid waste services are expected to be $1,350,000. That is a decrease of 88.72% from the FY 2023/24 projected figure of $11,965,000. Operatine Cost Proiections Table 6.13 provides forecasts of overall operating costs for the County for fiscal years 2023/24 through 2027/28. In fiscal year 2027/28, the County is forecast to incur approximately $500,593,970 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to decrease 18.79% between 2023/24 and 2027/28. Table 6.13: Indian River ounty Overall Operating Cost Projections Fiscal Year Total Operating Costs 2023/24 $616,452,186 2024/25 $499,089,450 2025/26 $542,850,276 2026/27 $518,764,839 2027/28 $500,593,970 Source: Indian River County Office of Management and Budget Proiected Debt Capacity Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 33 201 Comprehensive Plan Capital Improvements Element 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. Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 2.95%) Twenty Years (Bond Interest Rate 3.70%) Thirty Years (Bond Interest Rate @ 3.90% Half Cent Sales Tax $131,700,00 $233,900,000 $316,100,00 Gas Taxes $55,100,000 $90,000,000 $112,800,000 Tourist Tax $48,200,000 $85,700,000 $115,800,000 County Revenue Program First Guaranteed Entitlement $1,800,000 $2,900,00 $3,600,000 County Revenue Program Second Guaranteed Entitlement $3,600,000 $5,900,000 $7,400,000 Sub -Total $240,400,000 $418,400,000 $555,700,000 Possible Pledge Sources Franchise Fees $57,700,000 $97,200,000 $131,300,000 Road Impact Fees $38,600,000 $68,600,000 $92,600,000 Sub -Total $93,300,000 $165,800,000 $223,900,000 TOTAL -7 $333,700,000 $584,200,000 $779,600,000 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 debts are for the spring training facility revenue bonds. Planning & Development Services Indian River County Adopted February______, 2024, Ordinance 2024- 34 202 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River County Bond Schedule FY Ending Spring Training Facility Revenue Bonds 2001 Series 4.87% $16,810,000 2023 Interest $162,750 Principal $320,000 Total $482,750 Balance $2,935,000 2024 Interest $146,750 Principal $340,000 Total $486,750 Balance $2,595,000 2025 Interest $129,750 Principal $355,000 Total $484,750 Balance $2,240,000 2026 Interest $112,000 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 $1,065,000 2029 Interest $53,250 Principal $430,000 Total $483,250 Balance $635,000 2030 Interest $31,750 Principal $455,000 Total $486,750 Balance $180,000 2031 Interest $9,000 Principal $180,000 Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 35 203 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River County Bond Schedule FY Ending Spring Training Facility Revenue Bonds 2001 Series 4.87% $16,810,000 Total S189,000 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 2023/24 and ending in FY 2027/28. 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 2027/28. As shown in Table 6.7, the County will generate $2,677,750,721 in revenues from general funds, enterprise funds, and internal funds from fiscal year 2023/24 to fiscal year 2027/28. Sources of those funds include sales taxes, property taxes, grants, impact fees, and other revenues. Overall, the County will have enough revenue to cover the costs associated with the five-year capital improvements program. 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 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 36 204 Comprehensive Plan Capital Improvements Element 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, rezoning's, 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 minimums 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 Sanitary Sewer Treatment Plant Treatment design capacity (GPD) Generation Rate (GPD) Service Area Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 37 205 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 Potable Water Treatment Plant Treatment design capacity Generation Rate (GPD) Service Area (GPD) Solid Waste Landfill Volume in active cell (cubic Generation Rate (tons per Entire County yards) capita per year) Recreation Parks Acres of park land Acres of parks per Entire County thousand population Stormwater Management Drainage Volume of water Volume of stormwater 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, estimation of total demand is more complex. For concurrency management purposes, demand can be Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 38 206 Comprehensive Plan Capital Improvements Element 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 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 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 39 207 Comprehensive Plan Capital Improvements Element 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 minimums 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 serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent. ➢ For parks and recreation facilities: Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 40 208 Comprehensive Plan Capital Improvements Element 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 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 Planning & Development Services Indian River County Adopted February______, 2024, Ordinance 2024- 41 209 Comprehensive Plan Capital Improvements Element 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 No development order shall be issued for any proj ect where the proj ect'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 Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 42 210 Comprehensive Plan Capital Improvements Element 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 S stem Design Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities Peak season/ peak Annual count (average) Volume estimated from (Total Capacity) - (Existing Traffic Roadways direction/ peak (peak season/peak approved Development Demand) - (Committed Demand) hour (LOS D) direction/peak hour) Orders (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 conveya approved DO's Demand) - (Committed Demand) Public Permanent Annual Enrollment Students estimated from (Total Capacity) - (Existing Education Schools(K-12) Student Stations Count (FTE) approved residential Demand) - (Committed Demand) Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 43 211 Comprehensive Plan Capital Improvements Element Table 6.17: Monitoring S stem Design Public Facility Category Specific Facilities Total Capacity Existing Demand Committed Demand Available Capacity Annually Compile quarterly ridership statistics for all fixed routes (FISH) Annually Development Orders) Utilities 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 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. Planning & Development Services Indian River County Adopted February______, 2024, Ordinance 2024- 44 212 Comprehensive Plan Capital Improvements Element Objectives and Policies Obiective 1: Construction of Capital Facilities By 2028, 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. 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, Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 45 213 Comprehensive Plan Capital Improvements Element capital expenditures identified in these elements shall be funded principally from revenues derived from the applicable systems. Policy 1.5: The county shall prioritize and implement the programs identified in the Transportation, Recreation and Open Space, Stormwater Management, Conservation, and Future Land Use Elements of the Comprehensive Plan. Policy 1.6: The county shall not eliminate or reallocate budgeted appropriations for road improvement projects required to meet the adopted level -of -service standards unless the applicable projects will be constructed by other means and remain concurrent with the county's Schedule of Capital Improvements. Policy 1.7: The county shall continue to allocate funds for the replacement and the renewal of infrastructure in an amount which will minimize the operating costs of the infrastructure and maximize the life of the infrastructure. Policy 1.8: The county shall manage its long-term general obligation debt in such a manner that the ratio of the debt service millage to the countywide operating millage does not exceed 20%. Policy 1.9: The county hereby defines a capital improvement as an improvement with a cost that exceeds $100,000. Policy 1.10: The Schedule of Capital Improvements shall contain a mix of capital expenditures, including projects to eliminate existing deficiencies, to upgrade and replace existing facilities, and to construct new facilities. 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 2023-2024 through 2027-2028 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. Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 46 214 Comprehensive Plan Capital Improvements Element 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. 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 2.4: The county shall ensure that the replacement of infrastructure in the coastal high hazard area will be limited to maintaining the adopted level -of -service standards. Policy 2.5: The county shall require that all developments and all single-family units in coastal high hazard areas fully pay the cost for required infrastructure improvements through impact fees, capacity charges, developer dedications, assessments, and contributions. Policy 2.6: The county shall not use public funds to subsidize increased density or intensity of urban development in coastal high hazard areas; however, public beach, shoreline access, resource restoration, or similar projects may be constructed. Objective 3: Maintenance of Established Level -of -Service Standards Through 2030, adopted levels -of -service will be maintained for all concurrency facilities. Policy 3.1: The county hereby adopts the concurrency management system as described within this element. The county shall maintain Land Development Regulation (LDR) Chapter 910, Concurrency Management System, which implements the plan's concurrency management system. In accordance with the concurrency management system of this plan and LDR Ch. 910, the county will not approve any development project where the impacts of such a project would lower the existing level -of - service on any facility below that facility's adopted minimum level -of -service standard. Policy 3.2: The county shall approve development only in accordance with the utility connection matrix identified in the Sanitary Sewer and Potable Water Sub -Elements. Policy 3.3: The county shall, concurrent with the impact of new development, provide the infrastructure necessary to maintain the levels -of -service identified in the various elements of the Comprehensive Plan. Where development is proposed and is consistent with all applicable regulations but one or more public facilities is/are operating at an inadequate service level, the applicant may at his expense make facility improvements to increase facility capacity when such improvements are consistent with county plans and receive county approval. Policy 3.4: The county shall make land use decisions based on the planned availability of facilities to maintain adopted level -of -service standards. Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 47 "Ri Comprehensive Plan Capital Improvements Element Policy 3.5: The county hereby adopts Concurrency Management level -of -service standards for public facilities that are established in the other Comprehensive Plan Elements and which are stated below: ➢ Stormwater Management. The county hereby adopts the following level -of -service standard for all new drainage systems within the unincorporated county: ➢ New development requiring major site plan approval or subdivision platting shall construct a complete drainage system to mitigate the impacts of a 25 year/24 hour design rainfall event using the soil conservation service type 2 modified rainfall curves. ➢ Post development runoff for any drainage basin shall not exceed pre -development runoff unless a maximum discharge rate has been adopted and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for a basin, post development discharge may not exceed pre -development discharge. By 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 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 48 216 Comprehensive Plan Capital Improvements Element 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. ➢ 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' Ave — Oslo Road to 16t` 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 Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 49 217 Comprehensive Plan Capital Improvements Element commission or board of county commissioners that will impact either or both of the roads may, based on a traffic study approved by the Public Works Director, be approved with conditions related to provisions for interim roadway improvements that mitigate project impacts on one or both roads. For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. Policy 3.6: The county hereby adopts level -of -service standards for selected public facilities as follows: ➢ Correctional Facilities The county adopts the following correctional facilities level -of -service standard: ➢ County wide level -of -service standard of 4.5 beds/1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS The county adopts the following Fire/EMS level -of -service standard: ➢ County wide (excluding Indian River Shores) level -of -service standard of .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ 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: Planning & Development Services Indian River County Adopted February___, 2024, Ordinance 2024- 50 218 Comprehensive Plan Capital Improvements Element ➢ County wide level -of -service standard of 1.99 building square feet per capita for permanent plus weighted peak seasonal population. ➢ Schools The county adopts the following Schools level -of -service standard: Schools (School Service Areas): ➢ 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Transit The County adopts the following transit level -of -service standard: ➢ One-hour headways shall be maintained on all fixed transit routes. Obiective 4: Future Development's Share of Capital Costs Through 2030, new developments will bear a proportionate share of the cost required to maintain adopted level -of -service standards. Policy 4.1: The county shall use impact fees, capacity charges, assessments, developer dedications and contributions, to pay for infrastructure improvements and services needed to satisfy future needs while maintaining adopted level -of -service standards. Policy 4.2: The county shall conduct research to identify new sources of revenue for funding capital improvement projects. Obiective 5: Local Government's Ability to Provide Required Services and Facilities Through 2030, the county will ensure that it is able to fund and provide required services and facilities. Policy 5.1: The county shall not approve land use amendment requests unless those requests are consistent with the concurrency management system requirements of this element. Policy 5.2: In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the county shall schedule capital improvements to serve developments in the following order of priority: ➢ Single-family units in existing platted subdivisions or on existing legal, buildable parcels ➢ Affordable housing projects ➢ New development orders permitting redevelopment Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 51 219 Comprehensive Plan Capital Improvements Element ➢ New development orders permitting new developments where the applicant funds the infrastructure expansion in exchange for future reimbursement ➢ New development orders permitting new developments without developer participation Policy 5.3: The county shall extend facilities and services to serve areas only within the existing Urban Service Area or as allowed by Policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of the Sanitary Sewer Sub -Element of the Comprehensive Plan. Policy 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. Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 52 220 Comprehensive Plan Capital Improvements Element 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; ➢ 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 6.19 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. Planning & Development Services Indian River County Adopted February , 2024, Ordinance 2024- 53 221 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 Map density and intensity levels of current FLU P 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 Planning & Development Services Indian River County Adopted February_____, 2024, Ordinance 2024- 54 222 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 Local Ongoing No Government i Governments in IRC 5.1 Approve land use changes only if infrastructure can BCC Ongoing No support land use change 5.2 Prioritize capital improvements BCC/SD/Appropriate County Departments Ongoing No 5.3 Extension of facilities and services BCC/Appropriate County Ongoing No Departments Appropriate County 5.4 Create an efficient capital improvements schedule Departments/Other Ongoing No Government Agencies 5.5 Utilize enterprise funds OMB Ongoing No 5.6 Finance non -enterprise fund supported projects OMB Ongoing No 5.7 Fund the construction of public facilities OMB/SD Ongoing Yes 5.8 Permitting Requirements BCC/Appropriate 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 are quantitative, such as adopting land development requirements, which ensure the maintenance of Planning & Development Services Indian River County Adopted February____, 2024, Ordinance 2024- 55 223 Comprehensive Plan Capital Improvements Element 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 Improve ents Element Evaluation Matrix Objective Measure Timeframe I 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. 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 Planning & Development Services Indian River County Adopted February_______, 2024, Ordinance 2024- 56 224 Comprehensive Plan Capital Improvements Element 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. 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(p,l�•2. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Cindy Thurman, Senior Planner, Long Range Planning DATE: January 26, 2024 SUBJECT: Consideration of an Ordinance of Indian River County, Florida, Amending the Zoning Ordinance and the Accompanying Zoning Map for +65.13 Acres from A-1 to RM -6 (RZON96050010-95752) [Quasi -Judicial] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 6, 2024. DESCRIPTION AND CONDITIONS The applicant is requesting to rezone a portion of the subject property, located along the west side of 98h Avenue, south of S.R 60 and west of I-95, from A-1 (Agricultural Zoning District) to RM - 6 (Multiple -Family Residential Zoning District). Approximately 65.13 acres of the subject property is located within the Urban Service Boundary (USB) and is subject to this request. While the overall property is approximately 116 acres, approximately 50.87 acres lies outside of the USB. Only the property within the USB is requested to be rezoned to RM -6 for the purposes of developing the site with uses permitted within the RM -6 Zoning District. At a public hearing held on January 11, 2024, the Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners approve the rezoning request. Existing Land Use Pattern The area of Indian River County located west of I-95, and south of S.R. 60, has a mixture of land uses including commercial, manufacturing, light industrial, agricultural, and residential. While much of the land in this area is agricultural, to the south of the subject property is Verona Trace residential subdivision (zoned RM -6). Verona Trace is developed at a density of approximately 4.5 units per acre. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing A-1 Zoning District and the proposed RM -6 Zoning District. The respective zoning district's purpose FACommunity Development\Long Range\1375 98' Ave River&ont Groves Inc Harmony Isles Draft BCC Staff Report 271 statements best illustrate the similarities between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: A-1: The A-1 Zoning District is intended to provide areas suitable for agriculture, silviculture, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. This district also intends to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. This district is further intended to permit activities which require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. RM -6: The RM -6 Zoning District is intended to provide areas for development of multiple - family residential uses and to ensure adequate public facilities to meet the needs of residents, as well as provide a varied and diverse housing supply. Analysis The following analysis is per Chapter 902: Amendments to the Official Zoning Atlas, Section 902.12(3) which states that all proposed amendments shall be submitted to the Planning and Zoning Commission which shall consider such proposals in accordance with items (A) through (K) of Section 902.12(3). Item A — Whether or not the proposed amendment is in conflict with any applicable portion of the Land Development Regulations. The location of the USB requires that the development of this property include a special minimum yard and setback requirement pursuant to the LDRs. It is noted here for any future identification of conflicts with the regulations. Section 911.04(5), "Application of district regulations, residential lots and units adjacent to the urban service area boundary", states that residential subdivision projects, site plan projects, and planned development projects located inside the urban service boundary where new residential lots or units are proposed adjacent to the urban service area boundary shall include provisions for a special buffer." The LDRs state that the buffer is provided as a separate tract and shall consist of native vegetation planted in a fifty -foot or wider Type "B" buffer with a six-foot opaque feature, as described in Chapter 926. Where walls are used, the wall variation requirements of subdivision ordinance Subsection 913.09(9) shall apply. Where required, the buffer shall be treated as a required improvement for the project or project phase in which the buffer is to be located. Item B — Whether or not the proposed amendment is consistent with all the elements of the Indian River County Comprehensive Plan. The elements of the Comprehensive Plan contain goals, objectives, and policies that direct the community's development. Policies are statements in the plan that identify courses of action and provide the basis for all County land decisions. While all comprehensive plan policies are FACommunity DevelopmentTong Range\1375 98' Ave Riverfront Groves Inc Harmony Isles Draft BCC Staff Report 2 272 important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies: Future Land Use Element Polices Future Land Use Element Policy 1.13 states that the M-1, Medium -Density Residential Future Land Use (FLU) designation is intended for residential uses with densities up to 8 units/acre. In addition, Future Land Use Element Policy 1.13 states that these residential uses must be located within the USB. Since the subject property is located within an area designated as M-1 on the County's Future Land Use Map, is located within the County's USB, and the proposed zoning district permits residential uses no greater than 8 units/acre, the proposed request is consistent with Policy 1.13. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below is a table listing the specific rezoning criteria from Policy 1.43 for multiple -family zoning districts and staff determination of how the criteria are met. Table 1 I -bOt' Proposed Review Criteria Meets Criteria? Comments 1. Adjacent to other multiple -family Yes The subject property is adjacent to multiple areas family districts to the south zoned RM -6 2. Adjacent to employment centers Yes The subject site is within 2 miles of the I-95 interchange 3. Along Arterial and Collector Yes The subject property abuts 981 Avenue roads, particularly to buffer single family areas 4. Adjacent to Commercial uses, No The subject site is not adjacent to particularly to buffer single family commercial uses areas 5. Not abutting single family areas Yes The subject site is not abutting single family on all sides on all sides Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The subject property is designated as M-1, Medium Density Residential -1 on the Future Land Use Map. The proposed RM -6 zoning is consistent with the M-1 Future Land Use Map designation and no future land use amendment is being proposed as part of this request. Most of the FACommunity DevelopmentTong Range\1375 98' Ave Riverfront Groves Inc Harmony Isles Draft BCC Staff Report 273 surrounding properties are also within the existing M-1 Future Land Use designation and consist of agricultural and residential uses (see Attachment 2). Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property abuts 98th Avenue on the east and 12th Street on the south. It is noted that 98th Avenue is classified as a principal arterial road on the future roadway thoroughfare plan map. Located within approximately 100 feet of public road right of way, this segment of 98th Avenue is paved. There are currently no planned road improvements for this section of 98th Avenue. Item E — Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The objectives of the Comprehensive Plan's Transportation Element are to provide a safe, balanced, efficient transportation system that maintains roadway level of service and adequately serves the needs of the community. As part of the concurrency review process, the applicant has submitted a Traffic Impact Analysis (TIA). A TIA reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and assigns those trips on the county's thoroughfare roadway network within the project's area of influence. Based on the TIA for the proposed rezoning, the following net new external trips are anticipated with the most intense use of the site: 3,526 daily, 262 AM peak hour (66 in/196 out), and 352 PM peak hour (221 in/131 out) trips. All roadway segments are projected to operate at an acceptable Level of Service (LOS) based on these trip counts. Item F — Whether or not there have been changed conditions which would warrant an amendment. The applicant states that "currently the FLU (future land use) designation of the property inside the USB is Medium -Density Residential -1 (M-1), which allows for a maximum density of 8 units per acre. Further, the current zoning for the property inside the USB is A-1, which allows for a maximum density of 1 unit per 5 acres. Although a FLU designation of M-1 allows for 8 units per acre, the A-1 zoning designation will limit the applicant to only 1 unit per 5 acres." Item G — Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. FACommunity DevelopmentTong Range\1375 98th Ave River&ont Groves Inc Harmony Isles Draft BCC Staff Report 4 274 Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per the County LDRs, the applicant may be required to pay connection and other customary fees, and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. In accordance with Section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested zoning district. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. Below is a summary of this information: 1. Size of Area to be rezoned: +65.13 acres 2. Existing Zoning District: A-1 3. Proposed Zoning District: RM -6 4. Most Intense Use of Subject Property: 13 Single -Family Units Under Existing Zoning District 5. Most Intense Use of Subject Property:. 390 Multiple -Family Units Under Proposed Zoning District Item H — Whether or not the proposed amendment would result in the significant adverse impacts on the natural environment. Currently, the property is improved pasture land and contains no areas designated by the state of Florida or the U.S. Federal Government as environmentally sensitive or protected land. As such, rezoning the site is anticipated to have no adverse impacts on the natural environment. Item I — Whether or not the proposed amendment would result in the orderly and logical development pattern, specifically identifying any negative effects on such pattern. The RM -6 Zoning District is established in the area surrounding the subject site and is consistent with the existing land uses. The proposed rezoning is consistent with the comprehensive plan and the surrounding land uses, and will provide for a logical development pattern with the application of buffer and setback requirements identified in the LDRs. FACommunity DevelopmentTong Range\1375 98th Ave River&ont Groves Inc Harmony Isles Draft BCC Staff Report 275 Item J — Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations. The request is in harmony with the purpose and intent of the LDRs, and no conflict with public interests have been identified. Item K — Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. Based upon analysis conducted by staff, it has been determined that all concurrency mandated facilities, including police protection, fire protection, and emergency medical services have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. CONCLUSION The requested RM -6 Zoning District is compatible with the surrounding area, is consistent with the goals, objectives, and policies of the Comprehensive Plan, and is consistent with the County LDRs. Located in an area deemed suitable for the uses allowed within the RM -6 Zoning District, the subject property meets all applicable criteria to be rezoned to RM -6. For these reasons, Staff supports the request. RECOMMENDATION Staff (and the members of the Planning and Zoning Commission) recommend that the Board of County Commissioners approve the request to rezone the portion of the subject property located within the USB from A-1 to RM -6. ATTACHMENTS 1. Existing Zoning Map/ Proposed Zoning Map 2. Future Land Use Map 3. Rezoning Application 4. Ordinance FACommunity DevelopmentTong Range\1375 98"' Ave River&ont Groves Inc Harmony Isles Draft BCC Staff Report 6 276 I FACommunity Development\Long Range\1375 98th Ave Riverfront Groves Inc Harmony Isles Draft BCC Staff Report 7 277 F:\CommunityDLvelopmentVmgRmW\1375 9e Ave River&ont Groves Inc Harmony Isles Draft BCC Staff Report 8 278 FXommunity DevelopmeniO ong Range\1375 98' Ave Riverfront Groves Inc Harmony Isles Draft PZC Staff Report 7 279 APPLICATION FORM ATTACHMENT 3 REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assi ned Pro ect Number. RZON - Current Owner Applicant (Contract Agent Purchaser Name: Riverfront Groves, Inc. TCGFL 98th Avenue,LLC Pm J-& owtFdorJcLa—w Au w W) Complete Mailing P.O. Box 1148, Vero Beach, FL 32961 60121st SL, Vero Beach. FL 32860 Address: Phone #: (including 727473-2939 561-742-9685 772-794-1918 area code Fax #: (including area 772-567-4477 code E -Mail: danrQriverfrontpacking.com Wwwconcorciagroup.bit PSweeney block pa MOM t)an Rich Adam Picow Peter J. Sweeney Contact Person: � Signature of owner or A ent: Pro rtv In ormation Site Address: parcel 1 -1375 98th Ave., Vero Beach, FL 32966 Y Panxt 2 -102nd Ave., Vero Beach, FL 32965 i Site Tax Parcel I.D. #s: Subdivision Name, Unit Number, Block and Lot Number (if applicable) �+wt�awn.rr,�... aue. luau .f=A �; Par.2-lA�-1(wcdudln9 area outsltle of USBL)Designation: District: Existing Land Use Desi ation: Existin Zonin Par Requested Zonin District: RM-6(exduding area outside of USBL) F'ar.1=79.62; Par.2=39A'[ Acr a net to be Rezoned: approx. 118.63 Total ross Acreage of Parcel: site: N/A - Vacant Land Existimp, Use on Townhome and Single -Family Lot development Prosed Use onsite: MUST ATTEND E THE APPLICANT STAFF TO APPLYING IN ORDER TO RESOLVE OR AVOID PRIOR PLANNING SECTION PROBLEMS CONNECTED WITH THE REZONING REQUEST. 281 REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS licaot's Checklist Staff Checklist 1. Fee: $3,000.00 2. Completed Rezoning Application Form front 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable ownershi in the ro ert . - 5. One 1 Coy of the current Owner's Deed 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the ProPertY. 7. A justification of change statement and detailed intended use 8. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following. o a legal description of the land to be rezoned ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and - o a north arrow - 9. Electronic version (MS Word is preferable) ofthe legal description 10_ Provide a digital map file of the boundary Survey provided in Item 8 above in either AutoCAD (.dwg) or Esri Shape file (.shp) format. 11. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate including traffic study, ifapplicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 F:\Community Dowlopmen t'APPLICAMONMOmp. Piss and Rezoning appiiaafi_S% exoaipgrequntlbrm - Updated 2021.doex 2 282 Indian River Count' Future Land t*st, Map Amendinent/kc-1011ing Authorisation F011"n 1-0: 11131111ing, Division Indian River CLY11111y 1901 27'11 Street Vero Beach. 171. 32c)(10 FRONI' RIVERFRCNT GROVIES. INC, I clo. D.an Richey. P.O. Sox 1148, Veto Beach, FL 32911 P,: P 3333091000' it CIDTIOM01 .0 par 2 - 3 4?j4%?0=l00200D3Ql U Address: FL 'Z -36E iCb.d A�-I. V= 11260 fbr the rolk)wi nj is ha&V ) art a-, u"1011 -I The undmignt ' authorized It apillicathims (111C.1-si! r cr County ibr IV -v . 111iCaLillif ILI Indian KiN a6mv svrcremet, Prorert mal k the appropriate box): .j Future band 1.'Ise Ametidmetil a Rezonilla (.hvper, %urne Olrinj) STATE OF FLORIDA COUNTY OF INDIAN RINTR physical prewict: t�" oilline Thc tol-c-m-ling in%trunicill was a4llukll livibre tile by nwal'S Of OR produced idClItIfICA011 D (SEAL) NOTARY PUBLIC Sian - Printed j.-;%jtm Number" Commissioll P vil-a ti till: 283 Me. $tdte Of F10104 ispiro jmn,:,.f4j, 2014 :14. it.., 311FMyf: ..etior-di NOWYA"fl. NOTARY PUBLIC Sian - Printed j.-;%jtm Number" Commissioll P vil-a ti till: 283 Justification_ of Re-Z.onin and Intended Use The Applicant is requesting a rezoning for Parcel 3338090000100700001.0 ("Parcel I"), and Parcel 33380900001002000001,0 ("Parcel 2"), collectively referred to herein as, "the Property", located in Indian River County, Florida. Parcel I is comprised of approximately 79.62 acres and Parcel 2 is comprised of approximately 39.01 acres and each are owned by Riverfront Groves, Inc., a Florida corporation. The Property has split Future Land Use ("FLU) designations and split zoning, which are bifurcated by the Urban Services Area Boundary Line ("USBL"), running North and South through the Property. However, the Applicant is not requesting that the USBL be moved or that the portion of the Property outside of the USBL be modified. The Applicant is only requesting a rezoning for the portion of the Property inside the USBL. Currently, the FLU designation on the Property inside the USBL is Medium -Density Residential - 1 ("M -l"), which allows for a maximum density of 8 units per acre. Further, the current zoning for the Property inside the USBL is Agricultural -1 District (A-1), which allows for a maximum density of 1 unit every 5 acres. Although a FLU designation of M-1 allows for 8 units per acre, and an A-1 zoning designation, A-1 zoning will limit the Applicant to only 1 unit per 5 acres. The Applicant intends to construct a residential development consisting of townhomes and single-family lots on the Property and would require a re -zoning from A-1 to Multiple -Family Residential District ("RM -6") in order to achieve Applicant's goal. This change would be necessary and - :. - • Headquarters + i vE_R_Q_B�CH 60121- Street, STUART WEST PALM BRACH FORT IALrt�E1tDA.1 E Q��'Q Suite 401 401 E. Las Oias Blvd., 605 E. Robinson Street, iG'Cro Beach, FL 32960 814 SW Feterai Highway 500 S. Australian Avenue 14x- Floor Sutte 130 Shite 200 Suite 600 Fort Lauderdale, FL 33301 Orlando, FL 32801 (772) 794-1918 Stuart, FL 34994 West Palm Beach, rL 334ol (954)266-8527 (407)440-2100 (772)567 -4477 -Fax (772)258-4306 (561)861-4921 284 appropriate as RM -6 zoning is permitted under the M-1 FLU designation. A re -zoning to RM -6 would allow for a maximum density of up to 6 unites per acre; however, after considering utility infrastructure, setbacks, drainage ponds, lift stations, private amenities, and anything else that may be necessary on the Property, the maximum density would be less. A re -zoning to RM -6 is justifiable because the M -I FLU designation allows for RM -6 zoning and would not require a FLU map amendment. Further, the Property is located within the USBL which would provide residents with access to public services, such as water, sewer, electricity and possibly transit. Additionally, the Property is located adjacent to the North side of a similarly situated development, Verona Trace, which was developed in the early 2000's. For the foregoing reasons, Applicant's re -zoning request is necessary for Applicant's development purposes, and justified based on the Property's current FLU designation, it's location within the USBL, and it's proximity to a similarly situated development, and Applicant respectfully requests that the re -zoning request application be approved. Very truly yours, David A. Lewis IU1 wis,4i.i�lnekwca: www.Blmuoma.com Enclosure(s): Ce: Client 285 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY +65.13 ACRES LOCATED ALONG 98TH AVENUE, LYING NORTH OF 12TH STREET, 1.36 MILES SOUTH OF S.R. 60, APPROXIMATELY ONE-HALF MILE WEST OF I-95; FROM A-1, AGRICULTURAL -1 TO RM -6, RESIDENTIAL MULTIPLE -FAMILY; AND PROVIDING CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND BEING A PORTION OF TRACTS 2,7 AND 8, SECTION 9, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER) COUNTY, FLORIDA, SAID PARCEL LYING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 8; THENCE NORTH 89 Page 1 of 3 286 ORDINANCE NO. 2024 - DEGREES 38 MINUTES 17 SECONDS WEST, ALONG THE SOUTH LINE OF SAID TRACT 8, A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST LINE OF THE 60 FOOT ROAD RESERVATION FOR 98TH AVENUE, AS SHOWN ON SAID PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION; THENCE NORTH 00 DEGREES 20 MINUTES 30 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE FO 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 12TH STREET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 89 DEGREES 38 MINUTES 17 SECONDS WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1744.00 FEET; THENCE NORTH 00 DEGREES 20 MINUTES 30 SECONDS EAST, A DISTANCE FO 2601.77 FEET TO A POINT ON THE SOUTH LINE OF A 60 FOOT ROAD RESERVATION FOR 16TH STREET AS SHOWN ON THE AFOREMENTIONED PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION; THENCE SOUTH 89 DEGREES 37 MINUTES 38 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 434.84 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2; THENCE SOUTH 00 DEGREES 09 MINUTES 40 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 1300.86 FEET TO THE COMMON CORNER OF TRACTS 1, 2,7 AND 8 OF SAID SECTION 9; THENCE SOUTH 89 DEGREES 37 MINUTES 58 SECONDS EAST ALONG THE NORTH LINE OF SAID TRACT 8, A DISTACNE FO 1305.07 FEET TO A POINT ON THE AFOREMENTIONED WEST LINE OF THE 60 FOOT ROAD RESERVATION FOR 98TH AVENUE; THENCE SOUTH 00 DEGREES 20 MINUTES 30 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 1300.72 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from A-1, Agricultural -1, to RM -6, Residential Multiple -Family District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6tH day of February, 2024. This ordinance was advertised in the Press -Journal on the 27th day of December, 2023 for a public hearing to be held on the 6h day of February, 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Page 2 of 3 287 ORDINANCE NO.2024- Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS Andrew Sobczak, Planning and Development Services Director Page 3 of 3 288 Indian River County Board of County Commissioners February 6, 2024 Riverfront Groves Inc. Rezoning Request W Description & Conditions • The overall property is approximately 116 acres; however 50.87 acres lies outside of the Urban Service Boundary (USB). • 65.13 lies within the Urban Service Boundary • Only the area within the USB is requested to be rezoned to RM -6 for the purposes of developing the site with uses permitted within the RM -6 district. • Land Uses in this area include commercial, manufacturing, light industrial, agricultural and the Verona Trace residential subdivision currently developed at 4.5 units per acre. • The RM -6 zoning district is established to the south and east of the subject property. 4)v_ 1 Zonin& Map 858'- 2 A-1 Agricultural -1 District • Designed for agricultural, aquifer recharge, and conservation uses • Intended to provide for residential uses at very low densities • Requires non -urban locations primarily devoted to agricultural activities Zonmj� District Witnwin Lot 'V'; i ml t W 'Vidth Di -.t' Units/acre Front -Rear -Sides Area I I Minimum Open r _.. ..� Front —30 Re RM -6 12,000 70 feet 6.0 units/acre 20 Front — 20 ReaP'4 RM -6 Proposed Zoning • A Multiple -Family District • Designated for Medium Density Multiple -family Residential Development • Ensures adequate public facilities to meet the needs of residents • Provides a varied and diverse housing supply &41 Rezoning Request is consistent with M-1 Future Land Use Designation • The M-1 Future Land Use Designation is intended to provide areas for the development of residential uses with densities up to 8 units per acre. • The existing M-1 Future Land Use Designation is consistent with the requested RM -6 Zoning District. • The requested RM -6 Zoning district will limit the density to 6 units per acre. The existing A-1 Zoning district would limit the density to one unit per five acres. Analysis per Chapter 902.12 (3) A. in conflict B. Consistent with all the elements of the Comprehensive D. In corn MR,Ak Genera adopted? Meets Criteria Property is divided by the Urban Service Boundary. Proximity of USB line requires application of Section 911.04(5), which requires special buffer provisions. Meets Criteria Future Land Element Objective 1, Policy 1.13 and Policy 1.43 ,~~~ Meets Criteria Proposed RM -6 Zoning is consistent with the existing M-1, Medium Density FLU. (No Future Land Use Amendment change is proposed as part of this request). Meets Criteria Main access for site is from 98th Avenue. The property also has access from 102nd Street All roadway segments within the area of / influence would operate at an acceptable LOS I'v under the proposed RM -6 Zoning. Analysis per Chapter 9.02.12:3) confted F. Subject to changed conditions exist that warrant i amendment? Existing A-1 Zoning District r Z Proposed RM -6 Zoning Distr Most intense under Existing Most intense under Propos( area. The current A-1 zoning designation limits the applicant to one unit per 5 acres while the future land use designation on the property ,y allows up to 8 units per acre The applicant may be required to pay connecti and customary fees. A more detailed concurrency review will be conducted during t aced unc 11� Single -Family Home"s,1 unit`per `acres r { •` IN IN 0 Multiple -Family Residential, Up to 6 units per acre 13 Single -Family Units �rtt 390 Multiple -Family Units I. Result in the orderly and logical development pattern, Meets Criteria Consistent with Comprehensive Plan and = �3 specifically identifying any negative effects on such pattern F the surrounding land uses and will provid ` ` s' + for a logical and orderly development w , z, .. t.,...y pattern. n 1. In conflict with the putiiic interest and`i"s in harmony with the Meets Criteria The request is in Harmony with the purpose and interest of the land developmentreQulations. / purpose and intent of the land v development regulations. 444s r matters that may be deemed appropriateinrevie Meets Criteria All concurrency including mandated x and consideration of the proposed amendment such as police m `' facilities, have adequate Capacity to protection fire protection and emergency medical services accommodate the most intense..USQ URCI f<4 .:��:. .3 the proposed zoning.v MW . �. Transportation MorrVerrt nts • Traffic improvements are ongoing as developments are constructed usually in phases. • Venetian Groves, has scheduled improvements not yet constructed. • These include: • Northbound right turn lane on 98th Ave. at SR 60 • Additional westbound left turn C lane on SR 60 at 98th Ave. • Additional southbound receiving lane on 98th Ave. Conclusion The requested RM -6 zoning district is: • Compatible with the surrounding area • Consistent with the goals, objectives, and policies of the County's adopted Comprehensive Plan; • Is consistent with the County's Land Development Regulations • Deemed suitable for RM -6 zoning to further meet the needs of residents with a diverse and varied housing supply. • Supported by Staff V/ • The PZC recommended unanimous approval at their January 11, 2024 Meeting 9=- PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, January 11, 2024 at 6:00 PM in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may view a video of the meeting and/or review the meeting agenda, backup material and minutes on the Indian River County website. Present were the following members: Chairman Dr. Jonathan Day, District 4 Appointee; Vice Chairman Mr. Todd Brognano, Member -at -Large; Mr. Robert Votaw, District 2 Appointee; Mr. Mark Mucher, District 5 Appointee were present. Ms. Beth Mitchell, District 1 Appointee; Mr. Calvin Reams, District 3 Appointee; Mr. Jordan Stewart, Member -at -Large; and Ms. Teri Barenborg, non-voting School Board Liaison were absent. Also present were IRC staff members: Mr. Bill DeBraal, County Attorney; Mr. Andy Sobczak, Planning and Development Services Director; Mr. Chris Balter, Chief of Long Range Planning; Ms. Cindy Thurman, Senior Planner of Long Range Planning; and Recording Secretary, Ms. Lisa Plesnarski, Commissioner Assistant. Call to Order and Pledge of Allegiance County Attorney Mr. Bill DeBraal called the meeting to order at 6:00pm. All stood for the Pledge of Allegiance. Nominations for Election of Chairperson and Vice Chairperson County Attorney Mr. Bill DeBraal opened, the floor for nominations for the election of Chairperson for 2024. Todd Brognano nominated Jonathan Day as Chairman. ON MOTION BY Todd Brognano, SECONDED BY Mark Mucher, the members voted unanimously (5-0) to nominate Jonathan Day as Chairman for 2024. Mr. Bill DeBraal opened the floor for nominations for the election of Vice Chairperson for 2024. Chip Landers nominated Todd Brognano as Vice Chairman. ON MOTION BY Chip Landers, SECONDED BY Robert Votaw, the members voted unanimously (5-0) to nominate Todd Brognano as Vice Chairman for 2024. PZC Unapproved Meeting Minutes January 11, 2024 Additions and Deletions to the Agenda There were none. Approval of Meeting Minutes Approval of the December 14, 2023 meeting minutes was postponed to the next meeting. Public Hearing Chairman Day read the following: 5A. Riverfront Groves, Inc.'s Request to Rezone +65.13 Acres from A-1, Agricultural -1 District to RM -6, Multiple -Family Residential District (RZON96050010-95752) [Quasi - Judicial] Chairman Day asked if any members had any ex -parte communication or conflict that would not allow them to make an unbiased decision. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Senior Planner of Long Range Planning Cindy Thurman gave an analysis of the request and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. Ms. Thurman described the size and location of the subject property and explained the purpose is for the applicant to be able to secure the necessary zoning in order to develop the site with uses permitted in the RM -6 zoning district. Ms. Thurman noted that RM -6 zoning is established to the south and east of the subject property and described some of the surrounding land uses. Ms. Thurman showed the boundary of the urban service area and the location of the subject property for reference. Ms. Thurman briefly reviewed the rezoning request's consistency with the M- 1 future land use designation. Ms. Thurman discussed the concurrency review done in relation to this request and explained the criteria is consistent with the comprehensive plan, land development regulations, County thoroughfare plan, and existing and proposed land uses. Ms. Thurman said that no adverse impacts to the environment are anticipated and noted a detailed analysiswould be conducted during the development review process. Ms. Thurman ended her `presentation by recommending the PZC recommend that the BCC approve the request to rezone from A-1 Agricultural to RM -6 Multi -Family Residential. Chairman Day asked if there were any commissioner questions. Chairman Day thanked Ms. Thurman for defining "silviculture" - the study of forests and woods, and growth and cultivation of trees. PZC Unapproved Meeting Minutes 2 January 11, 2024 Ulm Mr. Votaw asked how the number of daily trips would affect the road. IRC Chief of Long Range Planning Chris Balter responded and explained that a traffic study will be done during the site plan process and required improvements will be determined at that time. Mr. Balter added that there are some other approved projects in the surrounding area and that each will have a traffic study done as they go through the development process to determine if any traffic improvements are needed. Mr. Mucher asked about whether or not approval is automatic when rezoning abandoned agricultural land to RM -6. County Attorney Mr. Bill DeBraal explained that the main factor is the underlying land use and that it is not automatic, but subject to analysis for compatibility with the comprehensive plan. In response to a question from Mr. Mucher, Mr. Balter further discussed how this area is a transition zone within the comprehensive plan. Mr. Balter explained that the access and egress for the site will be determined during the site planning process and a traffic study would determine whether or not required improvements are needed. Mr. Mucher asked if there is any required affordable housing. Mr. Balter deferred to the applicant regarding an affordability component on this project and added that staff has been researching incentives. In response to a question from Mr. Landers, Mr. DeBraal explained that a comprehensive plan amendment would be required to move the urban service boundary. IRC Planning and Development Services Director Andy Sobczak said that any portion of property outside of the urban service boundary cannot be used for residential development, but could be used for soft improvements such as open space, stormwater, and landscaping. Chairman Day opened the public hearing. The secretary administered the testimonial oath to those present who wished to speak. Attorney Pete Sweeney of Block & Scarpa was present representing the applicant. Mr. Sweeney noted the unique circumstance of the bifurcated zoning designation and the decision to only ,pursue the zoning change within the urban service boundary. Mr. Sweeney said he was available to answer any questions and that the engineer of record was also present. Mr. DeBraal said a letterwas received from resident Rosemarie Davenport of 10101 West Verona Circle, Vero Beach, Florida. Mr. DeBraal said a copy of the letter was provided to the commissioners and to the recording secretary for the record. There being no further comments, Chairman Day closed the public hearing. Chairman Day asked if there were any further commissioner questions. There were none. ON MOTION BY Todd Brognano, SECONDED BY Robert Votaw, the members voted unanimously (5-0) to approve the request to rezone +65.13 Acres from A-1, Agricultural -1 District to RM -6, Multiple -Family Residential District on this Quasi -Judicial matter. PZC Unapproved Meeting Minutes January 11, 2024 cqv,ID Commissioners Matters There were none. Planning Matters There were none. Mr. Sobczak said there will most likely not be a second meeting in January. Attorney's Matters There Ag of There PZC Unapproved Meeting Minutes 4 January 11, 2024 6'% Request to Speak at BCC Meeting Print Submitted by: Judy Greenberg Submitted On: 2024-01-24 15:15:10 Submission IN (108.195.60.57) proxy -IP (raw -IP) Status: Open Priority- Normal Assigned To: Tina Cournoyer . Due Date: Open Request to Speak at a Board of County Commission Meeting 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 * First Name * Last Name Judy Greenberg • Street Address 24 Sunset Dr. * City * .Stott!` Trp . Sebastian FL 32958 Organization (If applicable) Roseland Women's Club, Inc. * Email phone judymg@gmail.com 3528711094 Subject Matter for Discussion Roseland Celebration : February 17, 2024 Share Information and Formal Invitation to visit Roseland as it Celebrates 132 Years & Renovated Historic Building & Adopt A Park. ".Ie a digital prmentation planned? Rimed: Meeting Date o Yas O No 02/062024 Farngt MINIDD/1Yy1' _. -. * What resolution are you requesting of the commission? None 269 . William K. DeBraaL County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Ofice of Public Notice 02/06/2024 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: January 25, 2024 ATTORNEY SUBJECT: Public Notice of Public Hearing for February 20, 2024, to Consider an Ordinance Amending Indian River County Code §305.11, Imposition of additional court costs in criminal cases pursuant to Section 939.185, Florida Statutes (2004), as amended. The Board of County Commissioners will hold a Public Hearing on Tuesday, February 20, 2024, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY CODE §305.11, IMPOSITION OF ADDITIONAL COURT COSTS IN CRIMINAL CASES PURSUANT TO SECTION 939.185, FLORIDA STATUTES (2004), AS AMENDED; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND 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 27th Street, Vero Beach, Florida 32960. 291 c2- A- 1_, INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: January 25, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Wendy Swindell, Conservation Lands Manager Subject: Environmental Land Bond - Introduction to the ArcGIS Hub/Dashboard BACKGROUND: On December 12, 2023, the Board of County Commissioners (BCC) approved the Environmental Lands Program Guide (ELP Guide), which is the primary document that contains the policies, standards, and procedures relating to environmentally significant land acquisition and management activities. One of the procedures outlined in the ELP Guide is the development and implementation of a Geographic Information Systems (GIS) Dashboard for use in mapping, analyzing, and managing data accumulated during the land acquisition process. GIS is a geographic information system comprised of an integrated collection of computer software and data used to view and manage information about geographic places, analyze spatial relationships, and model spatial processes. GIS provides a framework for gathering and organizing spatial data and related information so that it can be displayed and analyzed. The County utilizes a software program developed by Environmental Systems Research Institute, Inc. (ESRI) for the production and analysis of GIS data procured and maintained by the County, as well as data acquired and through various sources. This data may include property information, aerial imagery, locations or areas of listed species, habitat types, canopy coverage, water features, and many other features which help in analyzing data tied to a specific location. By using ESRI software and GIS data, the environmental land acquisition process will be optimized by storing and presenting data for this process which will be made available to: (1) the BCC; (2) the Environmental Land Acquisition Panel (FLAP); (3) staff; and (4) the general public in an online platform. Conservation and IT staff have developed an "ArcGIS Hub" for use in the environmental land acquisition process. ESRI defines an ArcGIS Hub as an "easy to configure cloud platform that organizes people, data, and tools to accomplish goals and initiatives." This platform is widely used to provide up-to-date information on large-scale projects, programs, and initiatives. The central component of the ArcGIS Hub developed for the environmental land acquisition process will be the GIS Dashboard. The Dashboard will be an on-line resource containing information on the parcels nominated for acquisition. In addition to the GIS Dashboard, the Environmental Land Bond ArcGIS Hub will provide information on the previous environmental bonds completed, links to explore conservation lands in the County, a summary of conservation land public partnership efforts, access to the ELP Guide, general information on the acquisition process, and searchable content stored in a data library. The Hub and Dashboard will be accessible through the County's webpage. 292 January 23, 2024 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 10, 2024 SUBJECT: County Attorney Recruitment Process FROM: Susan Adams Commissioner, District 1 I would appreciate a discussion with my fellow commissioners regarding the County Attorney recruitment process. 293 C4- C" 1, February 6, 2024 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 23, 2024 SUBJECT: Installation of Drown Zero Stations FROM: Joseph H. Earman Commissioner, District 3 Discussion: I would appreciate a discussion with my fellow commissioners about the installation of Drown Zero Stations on County beaches. . Background: The Sunrise Rotary Club of Vero Beach would like to install Drown Zero stations on Indian River County beaches. These flotation device stations have been successfully implemented on beaches in Brevard County. Each station has installed an orange life-saving ring to provide assistance to distressed swimmers in the event the beach is unguarded, or a lifeguard is off-duty. Analysis: The purpose of the Drown Zero stations is to help save the life of someone caught in a rip current. These stations have a life ring that can be thrown to someone in the event of an emergency. Funding: No cost. The Sunrise Rotary Club of Vero Beach will install and maintain the stations. Recommendation: I recommend the BOCC support the Drown Zero International Project and approve the installation of Drown Zero stations on Indian River County beaches. Attachments hftps://www.drownzero.com/about hftps:Hvimeo.com/893948221 294