Loading...
HomeMy WebLinkAbout01/28/2025EIt C\ L0RIP COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 28, 2025 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 indianriver.gov Joseph Flescher, District 2, Chairman John A. Titkanich, Jr., County Administrator Deryl Loar, District 4, Vice Chairman Jennifer W. Shuler, County Attorney Susan Adams, District 1 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Joseph H. Earman, District 3 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.B. INVOCATION Rev. Dr. Crystal Bujol, Gifford Youth Orchestra 3. PLEDGE OF ALLEGIANCE Jennifer Shuler, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation on Human Trafficking by Tracy Ruleman of Florida Faith Alliance 5.B. Presentation on Mobile Voter Program 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Treasure Coast Sock Drive Attachments: Memo January 28, 2025 Page 1 of 7 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA 9.A. Sole Source Designation Requests and Utilization Update Attachments: Staff Report for 01-28-25 Sole Source List for 01-28-25 9.B. Award of Bid 2025013 North County Wastewater Treatment Facility 24 -inch Force Main Replacement Attachments: Staff Report Sample Agreement 9.C. Award of Annual Bid 2025019 for Back Lot Ditch Mowing Attachments: Staff Report 9.D. Cooperative Purchasing Agreement and Authorization to Trade for New Stryker Stretchers Attachments: Staff Report SAWIK Cooperative Purchasing Agreement Stryker Stretcher Quote with Trade -Ins 9.E. Lobbyist for 2025 Legislative Session Attachments: Staff Report Anfield to Arrow Contract Draft 2025 9.F. Request for Use of Holman Stadium for Annual Sawbones vs Jawbones Event to be held May 9, 2025. Attachments: Staff Report 2025 HOLMAN STADIUM USE AGMT Holman Stadium Use Guidelines Exh 2 Insurance Requirements Exhibit 3 9.G. Children Services Advisory Committee Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2025-2026 Attachments: Staff Report Request for Proposal Grant Application Sample - Agency Grant Contract Scoring Rubric 2024-2025 Needs Assessment Executive Summary January 28, 2025 Page 2 of 7 9.H. Children Services Advisory Committee Updated Guidebook (Revision 12.10.2024) Attachments: Staff Report CSAC Guidebook Update 12-10-24 Draft 2025 Updated CSAC Guidebook 9.I. Children Services Advisory Committee: De -obligation of Funding for Motivational Edge FY 2024-2025 Attachments: Staff Report The Motivational Edge Grant Contract FY2024-25 CSAC Approved Program Funding FY2024-25 June 2024 Staff Report - CSAC Recommended Program Allocations Motivational Edge Notice for FY2024-25 CSAC Funding 9.J. Children Services Advisory Committee's Annual Report FY 2023-2024 Attachments: Staff Report 9.K. Children Services Advisory Committee's 2024/2025 Needs Assessment Update Attachments: Staff Report 9.L. Request from RG Ambulance Service, Inc. dba American Ambulance, for a renewal of their Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County. Attachments: Staff Report RG Ambulance Service, Inc Application Certificate American Ambulance 9.M. Request from RG Ambulance Service, Inc. dba All County Ambulance, for a renewal of their Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County Attachments: Staff Report RG Ambulance Renewal Application Certificate All County Ambulance 9.N. North County Aquatic Center Source Phase II Well Replacement Attachments: Staff Report Technical Memorandum from JLA Well Abandonment Proposal from JLA Proposal from Centerline Drilling Proposal from JLA January 28, 2025 Page 3 of 7 9.0. Treasure Coast Food Bank License Agreement Attachments: Staff Report TCFB License Agreement Food Bank Letter 9.P. Request Waiver of Bid Requirement and Issue Purchase Order to Perfect Settings, Inc. for Gifford Aquatic Center Water Slide Attachments: Staff Report Quote 3782 Perfect Settings Inc Perfect Settings Slide OS542 9.Q. Resolution of Support for Closing the Old Dixie Highway Railroad Crossing Attachments: Staff Report Resolution 8-15-2023 BCC Minutes Location Map 9.R. Request for Release of Easement for 1315 19th Avenue SW Attachments: Staff Report Location Map Draft Resolution 9.S. Request for Release of Easement for 1319 19th Avenue SW Attachments: Staff Report Location Map Draft Resolution 9.T. Amendment No. 1 to RFQ No. 2022072 (IRC -1505B), Consor Engineers, LLC CEI Services for 66th Avenue (69th Street to CR-510/85th Street) Attachments: Staff Report Amend No. 1 with Consor Engineers, LLC 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10.A.1. Supervisor of Elections - Request for Reimbursement of Municipal Fees Attachments: Letter from Leslie Swan 01-07-2025 Book Closing Party Summary by District 11. PUBLIC ITEMS A. PUBLIC HEARINGS January 28, 2025 Page 4 of 7 11.A.1. Children's Services Advisory Committee Ordinance Amendment - LEGISLATIVE Attachments: Staff Report 25.1.14 Ordinance Amending IRC Code 103.22 Final Updated 12-26-24 IRC Business Impact Estimate CSAC Membership Affidavit of Publication - Ordinance Amending IRC Code 103.22 11.A.2. Appeal of Planning and Zoning Commission Decision on Rezoning Request by Red Jazmine Land Company, LLC Attachments: Staff Report Appeal Letter 11-14-2024 P&Z Staff Report Unapproved 11-14-2024 P&Z Meeting Minutes B. PUBLIC NOTICE ITEMS 12. COUNTY ADMINISTRATOR MATTERS 12.A. City of Vero Beach - Revised Request for County Funding for the Humiston Beach Boardwalk Project. Attachments: CAI COVB Request Humiston Project (20250123) 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources G. Office of Management and Budget H. Parks, Recreation, and Conservation I. Planning and Development Services J. Public Works K. Sandridge Golf Club L. Utilities Services 13.L.1. Amendment to Indian River County Department of Utility Services (IRCDUS) Rate Schedule Attachments: Staff Report January 28, 2025 Page 5 of 7 14. COUNTY ATTORNEY MATTERS 14.A VAB ChairNice Chair election Attachments: Staff Report 14.11. Time Certain 10:00 am - Request for Closed Litigation Session - Sole Attachments: Staff Report 15. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Deryl Loar, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 16.11.1. Approval of the SWDD Meeting Minutes of November 5, 2024 16.B.2. Work Order No. 7 to Geosyntec for Annual Permit, Compliance Monitoring, and Reporting for 2025 Attachments: Staff Report Work Order No 7 — Geosyntec 16.11.3. Work Order No. 18 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Attachments: Staff Report Work Order No 18 — KHA C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT January 28, 2025 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.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. January 28, 2025 Page 7 of 7 -5-4. INDIAN RIVER COUNTY COMMISSIONER'S MEETING —1/29/2024 Florida Faith Alliance Presentation Good morning, Chairman Flescher and esteemed Council Members. Thank you for helping our community to become aware of the fastest growing crime in the world today, CHILD sex trafficking! I am here today because we are in a crisis for our children, and we believe addressing the crisis of human trafficking through awareness and action alongside our government leaders is one of the keys to bringing an end to this travesty. Since the pandemic, Child Sex Trafficking has become the fastest growing crime in the world. America is now the biggest buyer of sex and Florida is #3 in the nation for hotline calls. The buying and selling of humans is a multi -BILLION dollar global market. Sex Trafficking is in every state and community. This horror is happening right here in Indian River County. Over the last year and a half there have been 14 related arrests for trafficking and child exploitation, all of these have included child pornography. Social media has opened the door for predators and traffickers to bait and groom a child so they will come to them willingly. Sexting and Sextortion is now the fastest growing gateway to child trafficking. According to Homeland Security, recruiters within our schools, many the same age as our children, are being used to start these sexting rings. In the Treasure Coast, 4 TEACHERS have been arrested for sexting with students. Florida Faith Alliance has created powerful trafficking prevention videos called "DON'T TAKE THE BAIT", for middle and high school students. The Indian River County School Board voted unanimously this past year to bring these videos into all IR County schools. We are now training school district employees and students. In 2025 we will be affecting over 70,000 children and 7,000 employees across 2 counties. Florida Faith Alliance founder and COO Lynne Barletta worked with FL House representative Toby Overdorf to help get HB 3 passed and as of Jan. 1s' PORN HUB, the most viewed porn website in the world, has pulled out of Florida! We have joined Ashley Moody in seeking to see 100% of all county, city, town, business and social organizations take the free 1hr. "FLORIDA ALLIANCE TO END HUMAN TRAFFICKING" awareness training to equip our citizens to recognize, report and bring an end to this violence against the most vulnerable... our children. This year we will be bringing a "Day of Defense" to Indian River County. This will include demonstrations and training in self-defense, situational defense and online defense, empowering every age group to learn how to protect themselves against predators. As an update, we wanted to share that Sebastian, Vero Beach and Indian River Shores city councils have recently read into their 2025 records recognition proclamations stating they stand again child sex trafficking. We believe that the anti -trafficking campaign that has been launched in our county can multiply to other counties throughout Florida. Together we can do this. We can cross party lines, racial lines, economic and cultural lines. Now is the time!! Proverbs 31:8 says: SPEAK UP FOR THOSE WHO CANNOT SPEAK FOR THEMSELVES; ENSURE JUSTICE FOR THOSE BEING CRUSHED. Together we can unite to fight and send a loud and clear message. NOT ON OUR WATCH H ! Thank you for the opportunity to share this information with you today, and your ongoing support. 7A January 28, 2025 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 2, 2025 SUBJECT: Treasure Coast Sock Drive FROM: Joseph H. Earman Commissioner, District 3 Mr. Barry Shapiro would like to announce the kickoff of the annual Vero Beach Sock Drive which is now called the Treasure Coast Sock Drive. hfti)s://verobeachsockddve.com 1 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 30, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Sole Source Designation Requests and Utilization Update BACKGROUND: Many of the key pieces of equipment utilized throughout the County are specialized due to facility design, and/or are standardized for consistency of operations, especially in the Utilities Department. Many of these items are identified as sole source, as they are only available from the manufacturer, or the manufacturer's lone authorized distributor for our area. Most of the sole source items are presented to the Board for designation, to facilitate the use of Purchase Orders soon after the need for the goods or services are required, and to ensure the expenditures for each item or vendor are appropriately authorized. ANALYSIS• Staff have identified additional sole source items that should be added, and some items previously designated as sole source that are due for update, or review and renewal by the Board. Current memos from each manufacturer describing their sole source for our purposes are on file in the Purchasing Division. The full list of Board -designated sole source vendors is attached and includes the current requests for renewals and new designations, as well as the other active designations. There are currently 90 active designations, with 30 of those requested for update and/or renewal. As directed by the Board, staff has been tracking the sole source expenditures for each of the previously -approved sole source items and services, with those amounts provided in the far -right column of the sole source list. The total expenditure on sole source designated expenditures since April 1, 2021 is $19,095,418. The total three-year estimated expenditure on sole source items, for those designation requests that provided an estimate, was $20,026,522. SOURCE OF FUNDS: Funds for purchases and repairs will vary depending on the department, item use and location. 2 RECOMMENDATION: Staff recommends the Board of County Commissioners declare the vendors and products indicated as "new," or "renew" on the list of sole source vendors as sole source for a three- year period and authorize the Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as funding is approved by the Budget Department. Attachment BCC Sole Source List for January 28, 2025 3 E S ? 0 ? m m 25 Q a 25 ? a 25 25 cr ? 2f 2gg5 25 g8 a a ? s` o E 0 0 0o C e ^ o o o E E E 10 C E _^ E 3 a= 3 d f 9 a; G - 5 S - f E c - i - 0 o E P �V f mom^ t ,m„ o E' E c � E _ n E E Si u< 3 u u 3 EE?_ yG W o LL Ea a zL v n n u°=s°*i A€" C u La y? ui d e £m L ° nsd 3Y o E^ t cE E o5 - E o g o "'g E -` i E G `„ G u "' u A o E u 6 A L LL EE:2 ;15 a uf� s 9 E E., a' .o n a c v ' if 'tS 1£ txau ,L a E E i i 3 ¢ E'c E'c E'c E'c E E'I i E E ` E E E c E c C z E ¢ol E E EE LD m IE E E o w~$ E w i z a a a s LE E S $ c S 25 25 25 ti S 25 E d t5 N 25 6 8 25 a 6 S 6 S S Q sS e 8 go _IN ry Z521 c a 2 E �� C '^ x s s= a Y 3 1-5 ys3 E° c _ a"¢" v 8 e E A c c 3 i? 0 pc & E£ —,�� __ 3 ° E o c s c o c? c Ly r" ? c° c i s p c K a= m ^ eil i" 4 X ; € H m G m Y+ q .z d f q �i E Y x n g n .£ s °n i& E .°n C°% '^ €« .i E E >ai 3 .n ° a 46 n i 8 5 r 25 c E ,Ei: 3 $ ` d c3: o q�'o �9s3 cr3 �'4 'E°, &m A "_ Fv A m n"•3 n�3 E.. „ EC72i — 'E '- E E Wiz $ 3 ; S i S m E a € m € A W A a c E a c '6 u p e s W u _ 0 _ LE 3 C q m a x � � 6 C Z Y Z Z 0 & = C o E E E 10¢ x m L" E c c' T o` s o o a Q I I I m z ` € E E & o E 3 n r�r 5 �i o - E £ oE E v 3 0 .'j S„ E _ LL C o 'c as m 6 E' c; i ou E Ar in x E c' 10 642 m Yc yo u�LP zo 0 36 c E 2 3m i3 u 513 3 r E " E IS x II - �' '� 3 - v' E S E S44 0 c m VZi _ ° ° ° m � 3 21 21 t- 16 4 (! ! ) k{/Z-5 !#!§! § §{§f\ !( !EA | \ � � ! \ /\/ - I § I • 2 ¥ _ � f ° I - 2 ■ § k ; t- 8 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 13, 2025 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Sean Lieske, Director, Department of Utility Services FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2025013 North County Wastewater Treatment Facility 24 -inch Force Main Replacement BACKGROUND: On February 21, 2023, the Board authorized Work Order 14 to Bowman Consulting Group, LTD (Bowman) for design services to replace the existing 24 -inch sanitary force main running west from Old Dixie Highway, crossing the Redstick Golf Course, and leading to the North County WWTF, which is operating as a large wet well. During previous repairs, the pipe was found to be significantly corroded with a high likelihood of failure, deeming this project critical. Surveying, testing, permitting and design were completed by Bowman, and an invitation to bid was issued by the Purchasing Division. BID RESULTS: Advertising Date: Bid Opening Date: DemandStar Broadcast to: Bid Documents Requested by: Replies: October 22, 2024 November 22, 2024 871 Subscribers 38 Firms 9 Firms Cacique Utilities, LLC West Palm Beach $1,359,300.00 Timothy Rose Contracting, Inc. Vero Beach $1,424,281.5o CK Contractors and Development, LLC West Palm Beach $1,551,256.00 Accurate Drilling Systems, Inc. LaBelle $1,573,850.00 Hinterland Group, Inc. Riviera Beach $1,624,300.00 EZ Contracting LLC Tama $1,679,922.39 Centerline, Inc. Palm Ci $1,68 , 315.14 Quality Enterprises USA, Inc. Naples $1,924,312.00 Firethorn, Inc. Fort Pierce DQ* *Firethorn, Inc. failed to sign their submitted bid 8 DISCUSSION: The invitation to bid listed a requirement for a minimum of five years of experience in related work. The low bidder, Cacique Utilities, LLC (Cacique) has been in operation for three years. During the review of bids, Bowman completed qualification and reference checks for Cacique, with positive responses. In order to assess the contractor's capabilities, a discussion was held among the Department, Contractor, and Purchasing Division, with the recording of that meeting available in the Purchasing Division. During the discussion, staff was satisfied the contractor's primary project team has extensive utility experience in central Florida, and as a unit while working at other contractors, and currently has sufficient resources to complete the project. Therefore, staff recommends the Board waive the technicality for the firm to be in business for five years. Staff proposes an additional 20%, or $271,86o.00, reserve, to cover potential scope variability (contingency for unforeseen circumstances) or owner directed change (value engineering or design improvements) be approved by the Board for work/expenses, which may become necessary to complete the project. The reserve will be retained by IRCDUS for the sole purpose of covering such costs over and above the vendor's contracted bid price. With the reserve, the total budget for the 24" FM Replacement project is $1,631,i6o.00. The agreement requires final completion of the replacement within 15o days of notice to proceed, which will be issued after the contract documents and public construction bond have been executed. FUNDING• The project FUNDING: anticipated in the Water & Sewer Capital Improvement Element of the Comprehensive Plan, with funds for the work to come from the Utilities Operating Fund, Utilities Work In Progress, North WWTF 24" FM Replacement account, 471-16g000- 23503.Operating funds are derived from water and sewer sales. RECOMMENDATION: Staff recommends the Board waive the technicality of five years of required firm experience and award bid 2025013 to Cacique Utilities, LLC, approve the sample agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency, and review and approval of the required public construction bond and insurance, and after the contractor has become actively registered with the Building Division. So long as there are no increases to the dollar amount under the agreement, upon adequate completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to Cacique Utilities, LLC, after review and approval by the Purchasing Manager and the County Attorney's Office. ATTACHMENT: Sample Agreement 9 Utilities/ Work in Progress/North WWTF 471-169000-23503 $1,631,160.00 24" FM Replacement RECOMMENDATION: Staff recommends the Board waive the technicality of five years of required firm experience and award bid 2025013 to Cacique Utilities, LLC, approve the sample agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency, and review and approval of the required public construction bond and insurance, and after the contractor has become actively registered with the Building Division. So long as there are no increases to the dollar amount under the agreement, upon adequate completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to Cacique Utilities, LLC, after review and approval by the Purchasing Manager and the County Attorney's Office. ATTACHMENT: Sample Agreement 9 SECTION 00520 Agreement (Dept. of Utility Services) TABLE OF CONTENTS Title Page ARTICLE 1- WORK...................................................................................................................2 ARTICLE2 - THE PROJECT.......................................................................................................2 ARTICLE3 - ENGINEER............................................................................................................2 ARTICLE 4 - CONTRACT TIMES................................................................................................2 ARTICLE 5 - CONTRACT PRICE.................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES.....................................................................................3 ARTICLE 7 - INDEMNIFICATION..............................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS....................................................................................6 ARTICLE 10 - MISCELLANEOUS...............................................................................................7 [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] 1 10 SECTION 00520 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Cacique Utilities, LLC, (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Indian River County Department of Utility Services (IRCDUS) proposes to construct a replacement of a portion of the sanitary force main leading to the North Regional Wastewater Treatment Facility (WWTF). The project will include approximately 2,400 LF of 24" PVC force main, including wet taps, line stops, valves, thrust block, connections to existing lateral and plant tank, testing, and restoration. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: North County 24 -inch Force Main Replacement Project ID: 21.23.503 UCP No.: 4163 Bid Number: 2025013 Project Address: 4850 77t' Street, Vero Beach, FL ARTICLE 3 - ENGINEER 3.01 Bowman Consulting is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 2 11 of the General Conditions on or before the 150th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 750.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $750.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $1,359,300.00 Written Amount: one million three hundred fifty nine thousand three hundred dollars ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. 3 12 B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days to provide a list to the CONTRACTOR of items to be completed and the estimated cost to complete each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. 4 13 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is registered with and will use the Department of Homeland Security's E - Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. 5 14 CONTRACTOR is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (CO), and sheets numbered CO.1, C1.0 through C1.3, C2.0 through C2.1, inclusive, with each sheet bearing the following general title: 24" DIAMETER SANITARY FORCEMAIN; 13. Addenda 1 and 2; 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Subsurface Soil Exploration and Geotechnical Engineering Evaluation. Appendix C — License Agreements 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 6 15 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); 23. Anti -Human Trafficking Affidavit ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue 16 A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(�i)-indianriver.gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. s 17 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 28' day of January, 2025. OWNER: CONTRACTOR: INDIAN RIVER COUNTY Cacique Utilities, LLC By: By: Joseph E. Flescher, Chairman (Contractor) By: (CORPORATE SEAL) John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Jennifer W. Shuler, County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Robert Tobar Title: Utilities Design Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1801 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 9 18 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 8, 2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Annual Bid 2025019 for Back Lot Ditch Mowing BACKGROUND: The Public Works Department Road and Bridge Division requested the solicitation of annual bids from qualified Contractors for mowing and/or weed whacking of weeds and grasses located with Back Lot Ditches (BLD) in North and South Indian River County. The current bid was awarded to STS Maintain Services, Inc. on February 15, 2022, with the current term expiring on February 14, 2025. The term of the new annual bid is February 15, 2025, through February 14, 2026, with the option for three additional one-year renewals. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: December 3, 2024 December 30, 2024 602 Subscribers 14 Vendors 3 Vendors Firm Location Total Bid (NC & SC) STS Maintain Services, Inc. Palm City, FL $726,679.00 Brightview Landscape Services, Inc. Vero Beach, FL $774,609.58 Clear Zone Maintenance, Inc. Vero Beach, FL $937,092.46 AIUAI VC%IC• The low bid represents a 4.4% decrease in the total annual cost, compared to the previous bid. The Department has reviewed the bids and recommended award to STS Maintain Services, Inc., as the lowest, responsive and responsible bidder. A detailed bid tabulation is available for review in the Purchasing Office. 19 CONSENT FUNDING: Funding is available in the Transportation Fund/Roads and Bridges/ Maint- NO CO Back Lot Ditch account, 11121441-034673 and will be budgeted and available in the Transportation Fund/Roads and Bridges/ Maint- SO CO Back Lot Ditch account 11121441-034674. Account Name Account Number Annual Total Transportation Fund/Roads and 11121441-034673 $349,115.00 Bridges/ Maint- NO CO Back Lot Ditch Transportation Fund/Roads and 11121441-034674 $377,564.00 Bridges/ Maint- SO CO Back Lot Ditch RECOMMENDATION: Staff recommends the Board award Bid 2025019 to STS Maintain Services, Inc., and authorize the Purchasing Division to issue blanket purchase orders to the recommended bidder. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for three (3) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of the County. 20 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 13, 2025 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Emergency Services Director Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Cooperative Purchasing Agreement and Authorization to Trade for New Stryker Stretchers BACKGROUND: The Fire Rescue Division utilizes various standardized equipment from Styker, including Lifepak patient monitors/defibrillators, Lucas chest compression systems, and powered stretchers. The Board had previously declared Stryker sole source for Lifepaks and maintenance, but that designation expired in 2024. All of the equipment and maintenance are now available under various cooperative agreements in which the County participates. DISCUSSION: Four stretchers are due for replacement, with the best pricing available under a new cooperative entity, Savvik Buying Group. In order to participate, Savvik requires the County to execute a master intergovernmental cooperative purchasing agreement. Staff has obtained a quote for the replacement of the stretchers, which includes a discount for the trade in of the stretchers being replaced; assets 29556, 29557, 29878, and 29397• The cost for the four replacement stretchers is $139,961, which is budgeted and available in the Emergency Services District/Fire Rescue/Other Machinery and Equipment account, as shown below. Description GL Cost Emergency Services District/Fire Rescue Other Machinery and Equipment 11412022-o66490 $139,961 RECOMMENDATION: Staff recommends the Board of County Commissioners declare assets 29190, 29191, 29878, and 29397 as excess and authorize their trade-in; approve the Savvik Agreement, and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency. 21 CONSENT AGENDA ATTACHMENTS• SAWIK Master Intergovernmental Cooperative Purchasing Agreement Stryker Stretcher Quote with Trade -Ins Indicated 22 EAGLE COUNSERVICES 1�j�+PublKc Safety Association Inc S p A�f V I .K'" EAGLE COUNTY HEALTH SERVICE DISTRICT—COOPERATIVE PURCHASING AGREEMENT MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies' to be appended and made a part hereof and other public agencies ("Participating Public Agencies' that register by form or electronically with Eagle County Health Service District, dba Eagle County Paramedic Services ("Eagle County', Public Safety Association Inc and managed by the North Central EMS Corporation, dba Sawik Buying Group or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products'; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through Eagle County and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 5. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. Participating Public Agency is not required or obligated to any purchase threshold in order to use Eagle County contracts. Contract is at will. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Signed Title Chairman Agency Name Indian River County Address 1800 27th Street Printed Name Joseph E. Flescher Date Phone 772-226-1416 City Vero Beach State Ft ZIP 32960 Public Safety Association Inc Signature Date Please return to help@sawik.org or fax back to 320.29!5.709$ 23 stryker PP2 qty 4 Quote Number: 11032701 Version: 1 Prepared For: INDIAN RIVER COUNTY FIRE Attn: Quote Date: 01/16/2025 Expiration Date: 04/16/2025 Remit to: Stryker Sales, LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Rep: Amy Wood Email: amy.wood@stryker.com Phone Number: (561) 906-5429 Mobile: (561) 906-5429 Delivery Address Sold To - Shipping Name: INDIAN RIVER COUNTY FIRE Name: Bill To Account INDIAN RIVER COUNTY FIRE Name: INDIAN RIVER COUNTY FIRE Account # 20116416 Account #:: 20118416. Account #:: 20118416 Address: 4225 43RD AVE _ Add req: 4226 43RD AVE Address: 4225 43RD AVE VERO BEACH VERO BEACH .. ... VERO BEACH Florida 32967 Florida 32987. Florida 32967 EquipmentProducts: 1:0 650705550001 Description 6507 POWER PRO 2, HIGH CONFIG A -_ $M.-632:41 $134,129.64 2.0 :. 650700450301 ASSEMBLY, BATTERY CHARGER 4 $1,405.92 $6.629.88 3.0 650760450102 ASSEMBLY, POWER CORD, NORTH AM. .: 4.. $32.19 $128.78 4.0 650707000002.1 IaT, ALVARIUM BATTERY, SERVICE: 8 :$982:23 $7,857.84 Trade In Credit: TR-SPTP2 TR-SPCOTO PP2 Equipment Total:: -$2,500.00 _. $147,739.92 $10,000.00P Police lbtels .... Estimated Sales Tax (0.000%):: Freight/Shipping: Grand Total: $0.00 $2,221.08. . $139,961.00 1 Stryker Medical - Accounts Receivable - accountsreceivable0stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 24 stryker PP2 qty 4 Quote Number: 11032701 Version: 1 Prepared For: INDIAN RIVER COUNTY FIRE Attn: Quote Date: 01/16/2025 Expiration Date: 04/16/2025 Prices: In effect for 30 days Terms: Net 30 Days Remit to: Stryker Sales, LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Rep: Amy Wood Email: amywood@stryker.com Phone Number: (561) 906-5429 Mobile: (561) 906-5429 Comments: SAVVIK contract pricing- Transport: 2024-04 Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms_Cond itions/index. html. 2 Stryker Medical - Accounts Receivable - accountsreceivable(a)stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 25 ER c\ 9E Office of the INDIAN RIVER COUNTY ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator MEMORANDUM TO: Board of County Commissioners FROM: Kathy Copeland, Legislative Affairs and Communications Manager DATE: January 28, 2025 SUBJECT: Lobbyist Contract for 2025 Legislative Session Backiround & Discussion Since February 17, 2015, Anfield Consulting, Inc., has provided Indian River County with various legislative issues and obtaining funding for water projects. Indian River County's contract with Anfield Consulting, Inc., expired on December 31, 2024. Anfield Consulting, Inc., was transitioning to a new name (Arrow Group Consulting, Inc.) and becoming a subsidiary of Gunster law firm. County Administration staff recommend continuing to utilize the renamed firm Arrow Group Consulting, Inc., through June 30, 2025. This contract will total $60,000. The legislative process is already underway and not having a firm to represent the County could, arguably, be detrimental to the County's interests. Funding Funding, in the amount of $60,000, for this contract is budgeted and available in the General Fund/BCC Office/Other Professional Services account, number 00110111-033190. Account Description Account Number Amount General Fund/BCC Office/Other Professional Services 00110111-033190 $60,000 Staff Recommendation County Administration staff recommend that the Board enter into an agreement with Arrow Group Consulting, LLC, for lobbying services through June 30, 2025, for the contract amount of $60,000 and authorize the County Administrator to execute the referenced agreement. Attachments Agreement for Professional Services 26 ARROWGPOUP AGREEMENT FOR PROFESSIONAL SERVICES This contract for professional services (hereinafter referred to as "Agreement") is by and between Arrow Group Consulting, LLC a privately -owned Limited Liability Company registered in the State of Florida (hereinafter referred to as "ARROW"), and Indian River County of the State of Florida (hereinafter referred to as "CLIENT"). ARROW and CLIENT shall collectively be referred to as the "Parties." (1) Services: ARROW shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and securing appropriations for projects as requested. In addition, ARROW shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders in Florida. All representations made by ARROW on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative John Titkanich, County Administrator, or his designee. (2) Term and Compensation: The term of this Agreement will commence on January 1, 2025 and end June 30, 2025. CLIENT will pay ARROW the sum total of sixty thousand dollars ($60,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: twelve (12) payments of ten thousand dollars ($10,000). Each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ARROW. All payments will be made by check or money order consistent with Section (3) of this Agreement. After consultation and with prior approval from CLIENT, ARROW may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement. The retainer and monthly fee payable to ARROW covers all incidental costs or fees related to services provided by subcontractors identified by ARROW and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However, ARROW shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or local lobbying registration or renewal fees, express mail costs, costs of preparing presentation materials needed to represent the CLIENT, and similar related costs during the term of the agreement. ARROW will discuss such expenditures before incurring them and to receive prior authorization for said expenses from CLIENT'S authorized representative, John Titkanich, County Administrator. Page 1 of 3 27 (3) Issuance of Payments and Notice: CLIENT shall make checks payable to Arrow Group Consulting, LLC. and send payment(s) to: 215 South Monroe St., Suite 601, Tallahassee, FL 32301. All written notices from CLIENT to ARROW shall also be sent to this address. (4) Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ARROW for any and all services and CLIENT approved expenses during the term of this Agreement up to and until the established date of termination. In the event of early termination, the final amount to be paid shall be established on a pro -rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro -rata amount due, ARROW shall remit the difference within 30 days of termination in a check or money order payable to: Indian River County. (5) Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted, and governed by the laws of such state, and by all applicable laws of the United States of America. (6) Confidentiality: ARROW acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement. (7) E -VERIFY: ARROW is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, FS. ARROW is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants (as utilized for this project.) (8) Agreement Execution: The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signature below. For the Arrow Group Consulting LLC: Albert Balido, Managing Member For Indian River County: Page 2 of 3 Date Executed 28 John Titkanich, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Jennifer Shuler, County Attorney Page 3 of 3 Date Executed 29 lr G INDIAN RIVER COUNTY, FLORIDA # * AGENDA ITEM ORNA Deputy County Administrator To: The Honorable Board of County Commissioners From: Michael C. Zito, Deputy County Administrator Date: January 13, 2025 Subject: Request for Use of Holman Stadium for Annual Sawbones vs Jawbones Event to be held May 9, 2025 DESCRIPTION AND CONDITIONS: The Indian River County Bar association ("User Group") has requested use of Holman Stadium at the Jackie Robinson Training Complex for a fundraising/charity event. The Indian River County Bar Association is a 501(c)(6) non-profit organization conducting the event for the benefit of the United Way which is a 501(c)(3) organization. The planned event is "Sawbones vs Jawbones", a co-ed softball game between local doctors and attorneys. The event is scheduled for Friday, May 9, 2025, at Holman Stadium. VeroTown, LLC has reviewed this request and has confirmed stadium availability as of this date. Section 6.04 of the Facility Use Agreement between the County and VeroTown, LLC allows the County use of the facility for up to two (2) days annually for education, entertainment, and community enrichment purposes. Any expenses associated with the use will be the responsibility of the User Group. No County funds or staff time will be utilized for the event. The User Group will also provide a $1,000,000 liability policy naming Indian River County and VeroTown, LLC, as additional insured. The User Group has requested waiver and deletion of the standard $10,000 security deposit required under Section G of the Stadium Use Agreement because their proceeds will benefit numerous local charities. The User Group will engage VeroTown, LLC to conduct beer and wine sales at the event in accordance with state and local law. VeroTown, LLC and the User Group will be responsible for all required permits and liquor liability insurance, and to arrange for any additional security necessary to responsibly conduct beer and wine sales at the event. A copy of the "Indian River County Holman Stadium Use Agreement" between the County and the User Group is attached. FUNDING: No funding is required for this approval. RECOMMENDATION: Staff respectfully requests that the Board of County Commission approve the Agreement, authorize the Chairman to sign and grant the User Group's request for waiver of the standard security deposit required by the Stadium Use Agreement. C:\Granicus\Legistar5\L5\Temp\d2defa07-12ac-4967-bb91-33di928c23ed.docx 30 ATTACHMENTS: • Indian River County Holman Stadium Use Agreement with the Indian River County Bar Association, Inc. • Exhibit I — Indian River County Holman Stadium Use Guidelines • Exhibit 2 — Insurance Requirements • Exhibit 3 — Section 6.04 The County's Use of Holman Stadium and the Practice Fields DISTRIBUTION: VeroTown, LLC Indian River County Bar Association, Inc. APPROVED AGENDA ITEM FOR JANUARY 28, 2025 C:\Granicus\Legistar5\L5\Temp\d2defa07-12ac-4967-bb91-33df928c23ed.docx 31 Indian River County Holman Stadium Use Agreement This Holman Stadium Use Agreement ("Agreement") is made this 14th day of January 2025, by and between Indian River County Board of County Commissioners, a political subdivision of the State of Florida ("County") and the Indian River County Bar Association, Inc., a Florida not-for-profit corporation, 1245 20th Street, Vero Beach, FL 32960 ("User Group"). BACKGROUND RECITALS A. The User Group has requested the use of Holman Stadium facilities and/or the four (4) baseball practice fields and the two (2) half baseball practice fields (collectively referenced as "Stadium") under the terms and conditions set forth in the Indian River County Holman Stadium Use Guidelines, attached to this Agreement as Exhibit 1 and incorporated herein in its entirety by this reference and under the terms and conditions set forth in this Agreement. B. The County will allow the User Group to use the Stadium under the terms and conditions set forth in Exhibit 1 and under the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: 1. PERIOD OF USE. This Agreement shall be in force May 09, 2025, and includes all setup and clean up time. 2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event is from 200 to 600 up to seating capacity of 6,500. 3. DESCRIPTION OF EVENT. User Group states that the following is an accurate description of the event: A Charity Co -Ed Softball Game between Local Doctors and Attorneys. 4. INSURANCE. The minimum dollar amounts and types of insurance coverages required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety by this reference. 5. FEES. The User Group agrees to pay all Stadium use charges as set forth in Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H, and I. Where the User Group uses the services of VeroTown, LLC for parking attendants, ticket takers, security personnel, clean-up crews, or concession operations, the User Group acknowledges and agrees that the County shall cause VeroTown, LLC: (i) to provide a written invoice for such services to the User, together with a courtesy copy to the County within ten (10) business days after the conclusion of the event; and (ii) to remit the net funds, if any, to the User Group. In addition, all costs for utilities and 32 any other costs incurred by VeroTown LLC in connection with the User Group's use of the Stadium shall be set forth on the foregoing written invoice, and such costs shall also be deducted from the net funds, if any, and remitted to the User Group. Upon the County's receipt of the notice of invoice payments from VeroTown LLC, the security deposit shall be returned to the User Group; provided, however, that in the event the costs invoiced by VeroTown, LLC exceed the funds available, the County shall have the right to use the security deposit for such costs. In addition, the User Group agrees to be solely responsible to pay any and all additional charges required for the staging of the event. VeroTown, LLC reserves the right to modify the foregoing process to accommodate any arrangement made directly with the User Group to provide concessionaire services for the event. 6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and VeroTown, LLC, their respective owners, share holders, officers, employees, representatives, agents, heirs, successors, and assigns (hereinafter individually and collectively referenced as "Indemnified VeroTown, LLC Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any participant in the event, the User Group, its visitors, agents, and employees. The Indemnified County Parties, and the Indemnified VeroTown, LLC Parties shall not be liable for damages to, or loss of, personal property sustained by the participants in the event, the User Group, its visitors, agents, employees, or any person claiming by or through the User Group or any of the foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such are not due to the sole negligence or willful misconduct of the Indemnified County Parties or the Indemnified VeroTown, LLC Parties. This indemnification paragraph shall survive the expiration or sooner termination of this Agreement. 7. CANCELLATION. This Agreement is subject to cancellation by either the User Group or the County as set forth in Exhibit 1. 8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no responsibility for circumstances that may require the closing of the Stadium facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies requirements. In the event of such occurrence it is the responsibility of the User Group to obtain alternative facilities and the County shall have no liability whatsoever to the User Group. The County and VeroTown, LLC represent that to the best of their knowledge and belief, that VeroTown, LLC is now and will remain in good standing with all State and local regulatory agencies having jurisdiction, if any to regulate, license, and permit the activities contemplated by this Agreement. 2 33 9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and any and all legal action shall be instituted in Indian River County for all state court matters and in the Southern District of Florida for all federal court matters. 10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement shall be binding unless signed in writing by the County and the User Group. 11. SEVERABILITY. In the event that any of the provisions of this Agreement are deemed unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 12. ASSIGNMENT. User Group shall not grant, assign, or otherwise convey to anyone any or all of its rights to use the Stadium hereunder without the prior written consent and approval of the County and VeroTown, LLC. The User Group shall use the Stadium only in the manner contemplated in this Agreement. 13. THIRD PARTY BENEFICIARY. No person other than VeroTown, LLC, the County, the Indemnified County Parties, the Indemnified VeroTown, LLC Parties, and the User Group, and the successors of the User Group shall have any rights whatsoever under this Agreement. 14. BACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Agreement. 15. DEFAULT. County shall have the right to terminate this Agreement and/or deny User Group use of the stadium if User Group defaults in the performance of any obligation hereunder, provided that in the event of such default, the County shall give the User Group notice of such default and twelve (12) hours to cure the default or a lesser time if appropriate to the default on the day of the event. 16. NOTICES. Any notices or other written communications from the User Group to the County shall be delivered by fax, overnight mail, hand delivery, or first-class mail to the County Recreation Director. Any notices or other communications from the County to the User Group shall be delivered by fax, overnight mail, hand delivery, or first-class mail to the User Group Executive Director. The names and address to be contacted are as follows: As to the County: Indian River County Board of County Commissioners Attn: Michael C. Zito, Deputy County Administrator 1801 27th Street, Vero Beach, FL 32960-3398 3 34 As to the User Group Steven R. Wilson Indian River County Bar Association 2101 Indian River Boulevard, Suite 200 Vero Beach, FL 32960-7701 swi[son (aD-rosswayswan.com 772-231-4440 Ext. 129 IN WITNESS WHEREOF, the County and the User Group have caused this Agreement to be executed in their respective names as of the date set forth above. USER GROUP: Indian River County Bar Association I -31A Steven R. Wilson INDIAN RIVER COUNTY, FLORIDA: BOARD OF COUNTY COMMISSION BY: Joseph Flescher Chairman Approved as to form and legal sufficiency: County Attorney APPROVAL BY VEROTOWN, LLC VERO BEACH, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY PROVISIONS VEROTOWN, LLC VERO BEACH, FL 0 4 35 EXHIBIT 1 Indian River County Holman Stadium Use Guidelines (Revised 07-02-13) A. Eligibility: Requesting user groups must be Not -for -Profit section 501(c)(3) corporations based in Indian River County and serving Indian River County residents. Eligible user groups are limited to one use per lease year, May 1 through April 30. B. Use of Premises: Use of the Holman Stadium facilities and/or the eight (8) baseball practice fields and the one (1) half baseball practice field (collectively referenced as "Stadium") must be lawful and consistent with the use of Indian River County public facilities. In addition, use must be in compliance with section 6.04 of the Facility Lease Agreement dated April 21, 2009, as amended, between Indian River County, a political subdivision of the State of Florida, and Verotown, LLC, a Delaware limited liability company ("Verotown"), a copy of which section is attached hereto as Attachment 1 and incorporated herein in its entirety by this reference. Requested use and dates must not conflict with scheduled facility use by Verotown, Indian River County scheduled events, or events sponsored by the Treasure Coast Sports Commission. User group shall not exclude from participation in, deny the benefits of, or otherwise subject anyone to discrimination in, the use or operation of the Stadium for the event on the basis of age, sex, disability, race, color, national origin, religion, or ancestry. C. Security: Security will be provided by the Indian River County Sheriff's Office or the Vero Beach Police Department and Verotown. The security provisions must have the prior written approval of both Verotown and either the Indian River County Sheriff's Office or the City of Vero Beach Police Department, as applicable. The user group shall be solely responsible for all costs associated with security and shall reimburse both Verotown for the cost of security personnel and the Indian River County Sheriff's Office or the Vero Beach Police Department, as applicable, for event security and traffic control. D. Insurance: Insurance requirements will be determined by the County's Risk Manager based on the type of event, anticipated attendance, and any other criteria as established for the determination of appropriate coverage. The County shall notify the user group during the review process set forth in paragraph K2 of these Guidelines of the types and amounts of required insurance coverage. Indian River County and Verotown must be named as additional insureds in the policy or policies of insurance. A:.certificate or certificates of insurance must be delivered to both the County's Risk Manager and Verotown containing the types and amounts of the required coverage, and showing the required additional insureds no later than ten (10) business days prior to the event date. In addition, the agreement to be executed by the user group and the County shall contain an indemnity from the user group to the County and Verotown for the 36 costs of any damage or destruction to the Stadium or liabilities associated with personal injury or death that occurs in connection with the use of the Stadium by the user group. E. Alcohol: Unless specifically prohibited by the County, the sale and consumption of alcoholic beverages shall be permitted during the event, subject to the following restrictions: (1) such sale and consumption shall be in accordance with (i) any applicable requirements of the City of Vero Beach relating to the sale, possession or consumption of alcohol on public property, (ii) any requirements of the County determined necessary or appropriate to protect the health, safety and welfare of the residents of the County, and (iii) any other requirements of state or federal law, and (2) such sale shall be conducted by, and under the license of, Verotown. F. Facility Use Costs: User group is responsible for any and all expenses associated with the use of the Stadium, including costs imposed by Verotown for use, including, but not limited to, parking attendants, ticket takers, security personnel, clean-up crews, concession operations, and utilities, all as set forth in Attachment 1. G. Security Deposit: User group shall post a security deposit in the amount of a minimum of Ten Thousand Dollars ($10,000) in the form of cash, or a certified or cashier's check drawn on any United States bank, irrevocable direct pay letter of credit, or surety bond issued by a surety licensed to issue surety bonds in Florida and included in the most recent United States Department of the Treasury List of Acceptable Sureties, each of the foregoing payable to Indian River County to be held by the County, and in the case of an irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to the County. The County reserves the right to increase the amount of the required security deposit due to the nature of the event, and the County shall notify the User group during the review process set forth in paragraph K2 of the Guidelines of any additional amount of security deposit. The User Group shall deliver the security deposit to the County Office of Management & Budget no later than ten (10) business days prior to the event date and, if applicable, execute a cash escrow agreement between the County and the User Group, in form and substance acceptable to the County, at the time the security deposit is tendered. H. Facility Preparation and Cleanup: The user group is responsible for all costs associated with the Stadium cleanup and field restoration as set forth in Attachment 1. Verotown must approve cleanup and restoration. If the user group should fail to restore the Stadium facility and grounds, Verotown will have the authority to initiate cleanup and restoration, and any additional costs will be the sole responsibility of the user group, as set forth in Attachment 1. The County reserves the right to deduct any such additional costs from the security deposit. 2 37 I. Television Rights: Any recording or taping of the event must have the prior written approval of both Verotown and the County, which consent may be granted, denied, or conditioned by either the County or Verotown at their sole respective discretion. Nothing contained herein shall be deemed or construed to require approval by either the County or Verotown of any recording or taping of the event. J. Concessions: Concession sales and operations must have the prior written consent of Verotown which consent may be granted, denied, or conditioned by Verotown in its sole discretion. The user group will reimburse Verotown for any concession service costs incurred by Verotown, as set forth in Attachment 1. K. Procedures: 1. A written request must be submitted by the user group's chief executive officer or board of directors to the County Administrator or his designee at least ninety (90) days in advance of the requested use date. The request must include the following: requested date(s) of use, type of event, estimated attendance, purpose, proof of non- profit status, and a listing of current board of directors and executive director. The County will coordinate with Verotown to seek the written approval of the availability of the date(s) from Verotown. 2. Review and approval shall include: County Administrator, Recreation Department, Risk Management Department, Budget Department, County Attorney and Finance Department, and the Indian River County Sheriff's Office or the Vero Beach Police Department. Additional information may be requested during the review process, including, without limitation, proposed budget and estimated expenses and revenues for the event. It is the responsibility of the requesting user group to secure all appropriate approvals. 3. After the County Administrator or designee review, the user group will be notified in writing, within thirty (30) business days after the date the request was submitted, of the status of the request; the amount of the required security deposit; the types and amounts of required insurance coverages; and the date the request will be submitted for County Commission consideration. The County Administrator or designee will submit the request to the County Commission. The County Commission may approve, approve with conditions or deny the request. The approval or disapproval is at the sole discretion of the County Commission. 4. Execution of an agreement between the County and the user group with respect to the use of the Stadium; submission of proof of ability to obtain the required insurance coverages; delivery of security deposit, and, if applicable, execution of a cash escrow agreement between the County and the user group; and delivery of certificates of required insurance coverages. 38 L. Fiscal Reports: Within thirty (30) business days after the event, a summary of expenses, revenues, and estimated attendance signed by the executive director and the chairperson of the user group's board must be submitted to the County Administrator or his designee. In addition, the user group shall submit fully executed copies of any agreements that user group has obtained in connection with the event between the user group and Verotown and any other vendor or provider of food and merchandise concessions, beverages, and other items associated with the event. M. No County Funding: County contribution is use of the Stadium on the date or dates requested by the user group. No County funding of any nature whatsoever, cash or in-kind, will be provided. N. Permits: Any and all required permits and licenses and associated costs for use based on the Indian River County Code of Ordinances, Health Department or any other regulatory authorities are the sole responsibility of the user group. Proof of permits must be provided no later than thirty (30) calendar days prior to the requested use date to the County Administrator or his designee. Failure to provide proof of required permits authorizes the County to remedy the situation including up to termination of the requested use. Any expenses incurred by the user group associated with the use of the stadium facilities prior to the time of termination of the requested use pursuant to this paragraph are the sole responsibility of the user group. O. Cancellation of event The County, in a declared emergency, may cancel the event at its sole discretion. If the user group proposes to cancel the use after the County Commission has approved the application and reserved the date(s), the user group must notify the County Administrator or his designee and Verotown in writing as soon as possible prior to the scheduled date of use. P. Discretion The County Administrator shall have discretion to waive any procedural, time period or other such requirement of the Use Guidelines when he/she determines that such waiver is in the best interests of the County. Q. Remedies Failure of the user group to comply with the terms of the agreement authorizes the County to cancel the event up to the date of the scheduled event, and may prohibit the use of the Stadium by the user group for future events at the sole discretion of the County. 4 39 EXHIBIT 2 INSURANCE REQUIREMENTS Commercial General Liability with minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage to include coverage for premises / operations, products / completed operations, contractual liability and independent contractors. Workers' compensation to meet statutory limits in compliance with the Workers' Compensation law of Florida and Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits) and $100,000 disease (each employee). Business Auto Liability (if vehicles are involved) with $1,000,000 combined single limit per occurrence coverage for bodily injury and property damage. Indian River County is to be an additional insured for CGL and BAL. VeroTown, LLC will also be named as an additional insured on these policies. 40 EXHIBIT 3 Section 6.04. The County's Use of Holman Stadium and the Practice Fields: The County shall have the right to use Holman Stadium and/or the practice fields, for up to ten (10) days per Lease Year, together with any use associated with the community's annual "Harvest Festival" each year, at no charge to the County (other than reimbursing VeroTown, LLC for any operating expenses incurred by VeroTown, LLC as a result of the County's use of Holman Stadium and/or the practice fields). The dates during which the County may use Holman Stadium and/or the practice fields shall be selected by mutual agreement of the parties; provided that, if the parties cannot agree on the dates, VeroTown, LLC's reasonable selection of dates shall be final and controlling. Provided, however, that VeroTown, LLC will defer to the County and cooperate in scheduling and making the Facility available for the community's annual "Harvest Festival." The County may use Holman Stadium and/or the practice fields only for functions which do not directly compete with revenue -generating events which have been otherwise arranged by VeroTown, LLC. Moreover, the County's use of Holman Stadium and/or the practice fields must not interfere in any way with VeroTown, LLC's use and quiet enjoyment of the Facility. The County shall not use or authorize the use of Holman Stadium and/or the practice fields in any manner which would have a material detrimental impact on Holman Stadium and/or the practice fields, and the County shall be and remain solely responsible for any damage or destruction to Holman Stadium and/or the practice fields by the County or its assignee. The County, or its assignee, shall be entitled to retain the revenues from ticket sales for its events, and concessions sold during the events when Holman Stadium and/or the practice fields are utilized by the County; provided, however, that although VeroTown, LLC covenants to cooperate with the County in such endeavors, VeroTown, LLC shall not be required to provide concession management services and/or any other related services during any County event. In all cases, VeroTown, LLC shall be reimbursed by the County for any operating costs and expenses incurred by VeroTown, LLC as a result of the County's use of Holman Stadium and/or the practice fields, including, but not limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up crews, and the like provided by VeroTown, LLC. Prior to using Holman Stadium and/or the practice fields as provided herein, the County shall cause VeroTown, LLC to be named as an additional insured on the County's general liability insurance policy and shall deliver to VeroTown, LLC a certificate of insurance which verifies the existence of the policy and the fact that VeroTown, LLC is named as an additional insured. Lease Year means a twelve-month period commencing on May 1St of any calendar year of the Term hereof and ending on April 30th of the following calendar year; provided, however, that the first Lease Year shall commence as of the Effective Date and end on the First April 30th following the Effective Date. 41 T NT AGENDAting 01-28-2025 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Division Date: December 17, 2025 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: Megan Kendrick, Human Services Manager Subject: Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2025-2026 By recommendation of the Children Services Advisory Committee, attached is the Request for Proposal (RFP), the Grant Application and the Agency Grant Contract as pertaining to the funding of children's programs in Indian River County for the fiscal year 2025-2026. DESCRIPTION AND CONDITIONS: Each year, in accordance with Section 103.24(2)(a) of the Indian River County Code, the Children's Services Advisory Committee (CSAC) initiates the children's services grant process for the upcoming fiscal year by identifying and assessing the needs of children in Indian River County. The 2024-2027 Children's Services Needs Assessment Plan was approved by the Board of County Commissioners (BOCC) on December 26, 2023. Over the past year, the CSAC Needs Assessment Subcommittee conducted a comprehensive review of new data, creating an Executive Summary of their findings and reaffirming the current funding priorities: 1. Health & Well -Being 2. Nurturing Families & Communities 3. Success in School & Life Focus areas and data indicators remain aligned with each funding priority, reflecting the needs identified through previous assessments and ongoing analysis. The CSAC Grants Subcommittee conducted a thorough review of the RFP and grant application process, resulting in the following updates: • Strengthened organizational capacity and financial responsibility requirements. • Increased transparency in program evaluation and administrative expectations. • Incorporated a detailed scoring rubric to enhance the quality of grant submissions and ensure inter -rater reliability during the scoring process. The updated RFP and Grant Application reflect these improvements and continue to align with the identified priorities, supporting programs that effectively address the needs of children and fami4 es in Indian River County. Additional updates and supporting documents are highlighted in the attachment. No changes were made to the Agency Grant Contract for the 2025-2026 fiscal year. On December 10, 2024, the CSAC Main Committee reviewed and approved the 2024-2025 CSAC Needs Assessment Executive Summary, the Request for Proposal (RFP), the Grant Application, and the Agency Grant Contract for fiscal year 2025-2026. FUNDING: There is no funding associated with this item, as it is just approval of the Request for Proposal (RFP), the Grant Application and the Agency Grant Contract for fiscal year 2024-2025. Each year, the Board of County Commissioners approves a funding allocation for Children's Services which can be up to the maximum millage cap of 0.2500 mills. Currently, the Children's Services funding has not been established for fiscal year 2025-2026 and will come to the Board for approval at a later meeting. RECOMMENDATION: Staff recommends that the Board accept the RFP, the Grant Application and the Agency Grant Contract for FY 2025-2026 as submitted and authorize the County Administrator to execute the individual contracts after review and approval by the County Attorney. Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2024-2025 ATTACHMENTS (4): Request for Proposal Grant Application Sample - Agency Grant Contract Scoring Rubric 2024-2025 Needs Assessment Update Executive Summary APPROVED AGENDA ITEM FOR JANUARY 14, 2025 43 Fiscal Year 2025-2026 Request for Proposal Children's Services Advisory Committee Indian River County Board of County Commissioners Section 103.20. Purpose The purpose of the Children's Services Advisory Committee (CSAC) is to promote the health and well- being of children in Indian River County. A "healthy" community is defined as one that supports socioeconomic, physical, environmental, educational, and behavioral health. Section 103.21. Objective 1. Unified Planning System: Identify, target, evaluate, and address the needs of children in Indian River County. 2. Definition of a Child: Any individual under the age of 18 years. 3. Committee Functions: o Recommend services to enhance children's general well-being. o Collect data and research to guide decision-making. o Collaborate with other agencies to prevent service duplication. o Allocate funds to agencies providing essential services. o Establish and monitor evidence -based outcomes for funded programs. o Employ staff as necessary to support committee operations. Mission Sts ent The mission of CSAC is to\proi e health and well-being of children in a healthy community. The term "health" encompassemic, physical, mental, social, emotional, environmental, and educational health. Vision Statement The objective of the Children's Services Advisory Committee is to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. The Children's Services Advisory Committee will actively endeavor to develop a shared vision for the health and human services delivery system in Indian River County, enabling all funding sources and providers to define and perform their roles in a collaborative, effective and dynamically changing environment. CSAC strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation. Overarching Goals • Children's Success: Enhance their capacity to transition into adulthood safely and productively. • Caregiver Support: Equip caregivers to guide children effectively. Funding Criteria Programs must address the needs of children and families in Indian River County. Proposals will be evaluated by the Grant Review Subcommittee using the following criteria: • Organizational capability and experience. • Evidence -based outcomes from prior years. • Clearly defined goals and objectives. • Methodology and coordination with other providers. • Robust evaluation design. • Cost-effectiveness and sustainability. • Services addressing identified needs in the co unity. • Focus on neighborhood -based or local inti • Alignment with specified strategies. • Completeness and clarity of the application.' Priority Areas and Focus Derived from the 2024-2027 Needs Assessm es 1. Health and Well-being o Access to prenatal care. o Positive behavioral health interventi o Promotion of physical health. o Programs for students with special n 2. Nurturing Families and Communities o Reduction of childhood adversity and abuse. o Decrease in juvenile delinquency. 3. Success in School and Life o Kindergarten readiness. o Academic improvement. o Increased attendance. o College and career pathways. Funding Process and Timeline • RFP Opens: February 1", 2025 • Proposal Deadline: March 31, 2025 by 5:00 PM (submitted via e-CImpact). Late proposals will not be accepted. • Grant Presentations and Review: May 14, 15, 27, and 29, 2025. 45 • Funding Recommendations: June 2025 (presented to CSAC and approved by the Board of County Commissioners). • Contract Finalization: September 2025. Contracts effective from October 1, 2025, to September 30, 2026. Disqualification Criteria • Missing liability insurance documentation. • Incomplete proposals or missing certifications. • Non-compliance with deadlines. Requirements for Funded Agencies • Acknowledge CSAC and Indian River County in all promotiona als. • Submit financial audits (for grants exceeding $100,000). • Provide tax documentation (for-profit applicants). Special Terms and Conditions • Performance Period: October 1, 2025, to September 30, 2026. • Invoicing and Payments: Reimbursement basis, with strict quarterly limits. Non -reimbursable expenses include food, travel unrelated to the program, and expenses incurred before the grant period. Supporti ocuments Agencies must provide the folloVNOcumwith their application: 1. List of current Officers and Directors (include addresses for each). 2. Board minutes from the past 12 months. 3. Most recent Internal Financial Statement (Profit & Loss or Balance Sheet). 4. Staff Organizational Chart. 5. Most recent Annual Report (if available). 6. 501(c)(3) IRS Exemption Letter. 7. Articles of Incorporation. 8. Agency Bylaws. 9. Agency's written policy regarding Affirmative Action. 10. Evidence of Liability and Workers Compensation Insurance. 11. Board -approved Strategic Plan (if available). 12. Sworn Statement Under Section 105.08, Indian River County Code on Disclosure of Relationships. 13. Program Salaries Budget. 14. Survey Tools. 46 15. Program Outcomes Report. 16. Evidence of School District Partnership. 17. Evidence of Agency Collaboration. 18. Most recent fiscal year audited or reviewed financial statements OR 2 fiscal years of internal financial statements (Balance Sheet and Income Statement). Select from: o Audited Financial Statement o Reviewed Financial Statement 0 2 Years of Internal Financial Statements o Bank statement and reconciliation for most recent fiscal year-end operating account. 19. Example of supporting documents planned for reimbursement under the grant (including timelines for submittals). Public Records Statement All submitted materials become public records and the property of the Indian River Board of County Commissioners. The CSAC and Board of County Commissioners reserve the right to reject any or all proposals, waive deficiencies, and award contracts in the best interest of Indian River County children. PRIORITY OF FUNDING A comprehensive, community -wide needs assessment provides valuable information to help guide the Children Services Advisory Committee (CSAC) in identifying essential children's services and areas of focus to address both the unmet and under -met needs of children. The funding priorities are the result of the 2024-2027 Children's Needs Assessment. The assessment identified three primary priorities: 47 Health and Well-being, Nurturing Families and Communities, and Success in School and Life Each priority is comprised of specific focus areas ranked in order of priority and associated data indicators, emphasizing prevention, early identification/intervention, and the pivotal role of building parent/guardian capacity in children's services. This proactive approach aims to address potential challenges before they escalate, recognizing the lifelong impact of early experiences on a child's development, and striving to positively shape their path. With a focus on cost-effectiveness, early interventions minimize societal and financial burdens linked with delayed support. Health and Well-being: Promoting the health and well-being of children is foundational to their overall development. Access to quality prenatal care ensures a healthy start for both mothers and infants, reducing the risk of complications and ensuring optimal birth outcomes. Positive behavioral health interventions are crucial for addressing mental health challenges among youth, fostering resilience, and preventing substance abuse issues. Promotion of physical health, including maintaining a healthy body weight, is essential for long-term well-being. Identifying and expanding programs for students with special needs ensures that every child receives the support necessary for their unique educational journey. Why? Early prevention and intervention strategies in health, combined with building parent/guardian capacity, contribute to long-term well-being, reducing the need for more extensive interventions later on. By prioritizing these aspects, we proactively support children's health, addressing potential challenges at their inception. Focus Areas and Data Indicators: 1. Enhanced Access to Prenatal Care: Monitoring the initiation of prenatal care, birth outcomes, breastfeedin initiation, fetal and infant mortality, and repeat teen births. ..:............... 2. Advancements in Positive Behavioral Health: Tracking youth risk profiles, depression rates, substance abuse among youth, and adult alcohol consumption. 3. Promotion of Physical Health: Observing body mass index (BMI) summaries and youth obesity rates. 4. Identification and Expansion of Programs for Students with Special Needs: Assessing student demographics based on primary exceptionality. Nurturing Families and Communities: Creating an environment that nurtures families and communities is vital for children's overall stability and well-being. Decreasing childhood adversity, including experiences of abuse and neglect, is essential for fostering safe and supportive family environments. The reduction of juvenile delinquency incidents contributes to a safer community and better opportunities for positive youth development. Why? Prioritizing prevention and early intervention in family and community dynamics, along with building parent/guardian capacity, we aim to create an environment where potential issues are identified and addressed promptly, fostering stability and resilience in children from the outset. Focus Areas and Data Indicators: 1. Decrease in Childhood Adversity: Analyzing adverse childhood experiences, child abuse incidents, Baker Act utilization, and instances of children in foster care or homelessness. 2. Reduction of Juvenile Delinquency Incidents: Examining trends in juvenile delinquency through metrics such as juvenile arrests. Success in School and Life: Ensuring success in school and life is fundamental for a child's future prospects. Increasing kindergarten readiness sets the stage for a strong educational foundation, impacting a child's academic journey positively. Improvement in academics, attendance, and the expansion of pathways for college and career success are critical for preparing children to meet the challenges of an ever -evolving world. Why? By focusing on prevention and early intervention in education, coupled with building parent/guardian capacity, provides children with the resources they need from the beginning, reducing barriers to success and fostering a foundation for lifelong learning and achievement. Focus Areas and Data Indicators: 1. Increase of Kindergarten Readiness: Evaluating early learning indicators and kindergarten readiness. 2. Improvement in Academics: Analyzing student performance and proficiency on statewide assessments in reading, math, science, and social studies. 3. Boost in Attendance: Monitoring average daily attendance and chronic absenteeism. 4. Expansion of Pathways for College and Career Success: Reviewing high school graduation rates, workforce data, and school discipline measures. Applicants seeking funding are encouraged to focus their programs on serving pockets of poverty, considering the geographical dispersion and transportation challenges in Indian River County. It is crucial that services are designed to be accessible, considering both the location 49 and timing that align with the community's needs. To enhance program effectiveness, applicants should employ research/evidence-based strategies and best practices, ensuring that interventions are informed by proven approaches. Collaboration within the community is essential to optimize resources, eliminate redundancy, and initiate interventions as early as possible in a child's life, thereby maximizing the impact of support services. 50 8/14/2024 8:02 AM CST C 2024 e-CImpact page 1 of 13 TEST AGENCY < Organizational Capacity > 1. Provide the mission statement and vision of your organization. # of Full Time Employees # of Part Time Employees # of Volunteers Agency Fiscal Year: 2. Please briefly explain your policies and procedures on performing background checks on all staff and volunteers interacting with children? 3. Does the Agency have a Board -approved written, active strategic plan? If yes, when was it last updated? 4. Board of Directors composition and policies: a. Please explain board Attendance policies including the # of times the Board meets annually, # of Board members, and # of vacancies. b. How many board members representing Indian River County? Please attach a Board Listing including each director's home city, state, and zip code. c. Please describe the Board's Conflict of Interest policy and how it is implemented. 5. Agency By -Laws: a. What is the date of most recent bylaws? Please attach current bylaws. 6. Has your Agency EVER had any county, state or federal investigations into its operations? If yes, please explain. 7. Does the agency hold at least 3 months of operating cash on hand? a. Total unrestricted cash on hand at most recent Fiscal Year End: b. Average estimated monthly cash expenditures [(annual expenditures less depreciation and other non-cash items)/12] 8. As of the most recent fiscal year end, what is the agency's working capital? a. current assets: b. current liabilities: c. Working capital (a) -(b)= 9. Describe briefly the Agency's current fundraising activities. a. Provide net fundraising revenue from most recent fiscal year. 10. Is the Agency audited or reviewed by a CPA? a. If Yes: i. Please attach most recent fiscal year financial statements with attestation report. ii. Please attach any internal control letters of weakness or deficiencies that were provided to the Agency with its most recent attestation engagement. b. If No: i. Please attach most recent 2 full fiscal years internal financial statements including Balance Sheet and Profit & Loss Statement for each year. 53 ii. Describe briefly the Agency's bank reconciliation procedures and its oversight of financial reporting iii. Please attach bank statement and reconciliation for most recent fiscal year end operation account. 11. CEO Salary: 54 PROPOSAL NARRATIVE < Proposal Narrative > 12. Program Abstract (100 word limit) 13. Identify the Funding Priority and focus area your program will address (Please select only one priority and focus area per program): a. Health and Well-being • Enhanced Access to Prenatal Care • Advancements in Positive Behavioral Health • Promotion of Physical Health • Identification and Expansion of Program for Students with Special Needs b. Nurturing Families and Communities • Decrease in Childhood Adversity • Reduction of Juvenile Delinquency Incidents c. Success in School and Life • Increase in Kindergarten Readiness • Improvement in Academic Performance • Boost in Student Attendance • Expansion of Pathways for College and Career Success 14. What is the unacceptable condition requiring change that is addressed by your program? Who has the need? Where do they live? 15. Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need in our community, and answer as directly as possible. 16. Briefly describe the program activities and how they address, and will reduce, the unacceptable condition. 17. Describe the frequency of the program activities (hours per day, days per week, etc.) and the # of children in attendance on average. 18. List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteers . 19. Describe the research -based best practices that your program follows and provide data or evidence that demonstrates the effectiveness of these strategies in achieving the desired outcomes. 20.Who is your target population and explain how the target population is made aware of the program 21. Does the program provide transportation for children to access services? Y/N 22. Explain how clients accesses program services? (i.e., location, transportation, hours of operation, etc.) 23. Does the program currently utilize a waiting list? If yes, how many clients are currently on the wait -list to enter the program? 24. Does the program charge clients any fees for program services? If yes, please explain. 55 8/14/2024 8:02 AM CST © 2024 e-CImpact page 3 of 13 25. Identify similar programs that are currently serving the needs of the targeted population and describe any efforts to minimize duplication. What differentiates your program from other similar programs? 26. Share your research -based strategies for building parent/guardian capacity around your outcome measures. 27. Does the program operate from, or provide services in, a school of the IRC School District? If yes, please explain and provide evidence of the partnership with the School District in the Supporting Documents section. 28. If the program received CSAC funding in 2022-2023, were all outcomes measures met for the year, including numbers served? If not, what will you do differently to achieve expected outcomes? El 8/14/2024 8:02 AM CST © 2024 e-CImpact page 4 of 13 Collaborative Agency List Agency Name% Program Resource Provided% Program Resource Provided% Program Resource Provided% 0 59 8/14/2024 8:02 AM CST © 2024 e-CImpact page 5 of 13 PROGRAM OUTCOMES & ACTIVITIES CSAC Expected Outcomes 29. Expected Outcome /Change (Focus Area): For this outcome, report current fiscal year-to-date (10/1/23 - 3/30/24): ACTUAL outcome results for the previous fiscal year: 30. Indicator Measurements (Evidence): 31. Program Activities (What): Describe how the activities in your program help you achieve this specific outcome. Frequency (How Often): 32. Responsible Parties (Who is responsible for collecting the data?): 61 33. Data Source (Where will the data be sourced from?): 34.Time of Measurement (When and how often will the data be collected?): 35. Monitor and Adjust: How will the data be monitored, and adjustments be determined based on the ,-:data? 36.Total Clients Served by the Program 37. Age 10/2022- 09/2023 10/2023- 09/2024 rojected 10/2024- 09/2025 Actual �X0/2024- 03/2025 Projected 1012025- 09/202 % of 25-2 Projected -:.. Total # of Unduplicated Clients 10/2022- 10/2023- 10/2024- 10/2024- ..10/2025- 26 Individual Children 09/2023 09/2024 09/2025 03/2025 °.ry" 09/2026 Projected Individual Adults Children in Groups Adults in Groups Number of Families Total 100 37. Age 38. Ethnicity 10/2022- 09/2023 10/2023- 09/2024 Projected 10/2024- 09/2025 Actual ,;.10/2024 03/2025 Projectedo =� -,10/2025. ` f ' 09/2026' of 25-26 rojected ` ` Total Total # of Children 10/2022- 10/2023- 10/2024- 10/2024- ..10/2025- 26 Preschool 0-4 09/2023 09/2024 09/2025 03/2025 °.ry" 09/2026 Projected Elementary 5-10 Middle School 11-14 High School 15-18 Total # of Adults Young Adults 19-25 Adult 26-54 Senior 55+ Total 100 38. Ethnicity 63 Projected Actual Projected % of 25- 10/2022- 10/2023- 10/2024- 10/2024- ..10/2025- 26 09/2023 09/2024 09/2025 03/2025 °.ry" 09/2026 Projected Black / African American Asian 63 White / Caucasian Hispanic / Latino 8/14/2024 8:02 AM CST © 2024 e-CImpact page 8 of 13 .projected 0 t 10/2023" 10/2024 1 09/2024 09/20A Actu 100 40. Geographic Location 10/2022- 09/2023 10/203- 09/2024 "jProjected 10/2024- 09/2025 Actual 10/2024-,;,,;i,.",10/2025-` 03/2025 Pmrojected. ` 09/2026,/1 % of 25-26 Projected ", Total 100% of Poverty or below 101 % to 150% of Poverty 151 % to 200% of Poverty 201 % of Poverty and Above Unknown Total 100 40. Geographic Location 65 10/2022- 09/2023 10/2023- 09/2024 Projected 10/2024- 09/2025 Actual 10/2024-:10/2025- 03/2025,09/2026 Projected % of 25-26 Projected Total 32948 32958 32960 32962 32963 32966 32967 32968 Unknown Other 65 8/14/2024 8:02 AM CST © 2024 e-CImpact page 9 of 13 PROGRAM FINANCE 41. Total Agency Budget: 42. Amount Requested from CSAC for 2024/25: 43.Total Proposed Program Cost Budgeted for 2024/25: 43. Percent of Program Budget to Total Agency Budget (39/37)= 44. Percent of Request to Total Program Budget (38/39)= a. If the funding request is more than 25% of the PROGRAM BUDGET, provide a detailed explanation as to why. 45. Current Program Funding from CSAC (2023/24): 46. Dollar increase/(decrease) being requested (38-41)= a. If applicable, please indicate reason for $ change in request. 47. Percent increase(decrease) being requested (38/41)= a. If request increased by 5% or more over previous year's allocation, provide a detailed explanation as to why. 48. Unduplicated Number of Clients to be served: a. Children to be served: b.: Adults to be served: c! Of the total children and adults served, how many are served via group setting: 49.Total Program Cost per Client (39/45)= 50. If these funds are being used to match another source, name the source and the $ amount How would the program maintain services in absence of CSAC funding? 8/14/2024 8:02 AM CST © 2024 e-CImpact page 10 of 1.3 52.Expenses (Please provide supporting detail documentation including staffing worksheet and other supporting details as available and applicable) 68 FY 23/24 ACTUALi Percentage Change Children's Services Council(s) 0 0 p 0 United Way -Indian River County United Way -St. Lucie County United Way -Martin County County Funds Department of Children & Families Other FL State Funds 0 0 0 0 Federal Funds Other Funders 0 0 0 0 Grants for Funding Capital Expenditures Program Fees Contributions -Cash Fund Raising Events -Net Funds from Other Sources 0 0 0 0 Investment Income Legacies & Bequests Membership Dues Miscellaneous 0 0 0 0 Reserve Funds Used for Operating Sales to Public -Net In -Kind Donations (Not included in total) Total 52.Expenses (Please provide supporting detail documentation including staffing worksheet and other supporting details as available and applicable) 68 8/14/2024 8:02 AM CST © 2024 e-CImpact page 11 of 13 53.Revenue Over/(Under) Expenditures 70 +R�is Z entage e Salaries 0 0 0 0 Employee Benefits Payroll Taxes Professional Fees 0 0 0 0 Audit Expense Administrative Costs 0 0 0 0 Advertising Educational Materials 0 0 0 0 Equipment: Rental & Maintenance Food & Nutrition 0 0 0 0 Insurance Occupancy Office Supplies Postage/Shipping Printing & Publications Specific Assistance to Individuals 0 0 0 0 Subscription/Dues/Members hips Telephone Travel/Conferences/Training Travel -Daily Mileage Reimb. Utilities Other 0 0 0 0 Total Equipment Purchases: Capital Expense 0 0 0 0 53.Revenue Over/(Under) Expenditures 70 8/14/2024 8:02 AM CST © 2024 e-CImpact page 12 of 13 CSAC Funder Specific Budget 53. Please attach an example of supporting documents planned to be presented for reimbursement under the grant and timelines expected for submittals. 54. Please briefly describe how the Agency tracks its grant funds expended including procedures to prevent duplication of expenses among funders. 55. Expenses Requested for CSAC Funding Description FY 24/25 Program Budget FY 24/25 Funderlow�,, Budget i,. n. Salaries Employee Benefits Payroll Taxes Contract Wages (1099) Books/Educational Material/Program Supplies Occupancy (rent, utilities, building & grounds) Other Expenses (maximum of 5) 0 0 0 Total 72 8/14/2024 8:02 AM CST © 2024 e-CImpact page 13 of 13 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2025 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Agency Name and Mailing Address) ("Recipient") for program(s) Background Recitals A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999, and amended by Ordinance 2022-007 adopted on May 17, 2022, ("Ordinances") establishing the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a Request For Proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The Proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a Proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period defined as October 1, 2025 — September 30, 2026 F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete Proposal submitted by the Recipient and is incorporated herein by reference as "Children's Services Advisory Committee Grant Application - CSAC 2025-26 Grant Application and all associated Supporting Documents" and attached hereto as "Exhibit A — Proposal Cover Page and Funder Budget". 3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2025/26 ("Grant Period"). The Grant Period commences on October 1, 2025 and ends on September 30, 2026. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is 5. ($ _). The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests shall conform with Indian River County Policy dated August 16, 2022, attached as Exhibit "C". All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 74 5. Additional Obligations of Recipient. 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.1.1 Cooperation. The Recipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County or the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, bank statements, attendance rosters, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.3.1 Attendance Tracking. Funded programs are required to submit quarterly attendance reports to the County. These reports will detail participant numbers and demographic information, facilitating an accurate evaluation of program reach and impact. 5.4 Site Visits. In support of effective coaching, feedback, and assistance to agencies, site visits will be jointly conducted by CSAC staff and, when available, a committee -appointed representative from the Children's Services Advisory Committee. These visits will provide valuable insights into program implementation, alignment with stated objectives, and potential areas for improvement. This comprehensive assessment approach ensures the optimal development of the funded programs. 5.5 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.5.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Children's Services Advisory Committee and, after consultation with the Indian River County Office of Management and Budget and the Clerk's Auditor, funding under this Contract may cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.5.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 75 5.6 Insurance Requirements. Recipient shall, no later than October 1, 2025, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit). (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.7 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.8 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.9 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 76 (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1425 PUBLICRECORDS(cDIRCGOV.COM Indian River County of the County Attorney 1801 27"' Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 77 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD; OF COUNTY COMMISSIONERS Approved: John A. Titkanich, Jr., ICMA-CM County Administrator RECIPIENT: By: N��_ Name, Title Approved as to form and legal sufficiency: Susan Prado Deputy County Attorney Agency Name 78 [Copy of Proposal Cover Page and Funder Budget] 79 In mx Z Z 0 M, _ m A a _ C C my 30 4 �} K to 3 3 44 3 �Y a m _a m Cs `Y� d 4' C B 4 SC � R b C9 A C m L _ 9 {H. 4^ Vt 4A in Im T C n I! K A m fs d 1�1 k f ! �4 Q \ • A CL �i In mx Z Z 0 M, _ m A a _ C C my 30 4 �} K to 3 3 44 EXHIBIT C [From policy adopted by Indian River County Board of County Commissioners on August 16, 2022.] A. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of County Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year-end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid-October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. Reimbursement requests will not be reviewed until a complete summary is submitted. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 81 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Human Services Division Indian River County 1800 271'HStreet Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor: The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment: This Contract may not be assigned by the Recipient without the prior written consent of the County. 82 Organizational Capacity (10 Points) Grant Look Fors 5 3 1 Question(s) Board Describe how The Board of The Board of The Board of Engagement the Agency's Directors is Directors plays Directors is 1-6 Board of highly active, a moderate inactive or plays Directors diverse, and role in policy no meaningful functions as an representative of setting, fiscal role in policy active, the community. guidance, and setting, fiscal community- The board governance. guidance, or representative provides clear The board's governance. body leadership in community There is no responsible for policy setting, representation representation policy setting, offers sound is somewhat of the fiscal guidance, fiscal guidance, evident, but community, and and ongoing and the description the board's governance. demonstrates lacks depth or involvement is strong ongoing specific either absent or governance. examples of not described. Their role is well their active defined, and involvement. evidence of their involvement is provided. Financial The applicant Agency has met Agency has Agency has met Stability Organization all 5 criteria met 3 or more. 1 7-11, Supporting meets Documents reasonable standards for financial stability and is not a going concern. By demonstrating the following 5 criteria: '(1) Agency holds at least 3 months operating cash. (2) Working capital ratio is positive (3) Agency engages in fundraising activities which engage a donor base and generate 83 84 positive revenue. (4) Agency is reviewed or audited by a CPA or has provided 2 full years internal financial statements (Balance Sheet and P&Q. (5) Agency has some controls in place over financial reporting, has no reported internal control weaknesses or deficiencies or unusual disclosure items of concern. Program Information (25 Points) Grant What to look for 5 3 1 Question(s) Alignment '` How does the The program is The program The program is 12-16 - program align strongly aligned shows general not aligned with with the funding with the funding alignment with the funding priority, and priority, with the funding priority, with no what evidence comprehensive priority, with research or data supports the research and some research to support the need forth data that clearly or data need for service? support the need provided, services. The Provide for services. The though it may program detailed --: program be limited or description is information on description is not fully unclear or how the clear, detailed, convincing. incomplete, and program meets and thoroughly The program it does not the identified explains how the description is explain how the need. program will adequate but need for address the lacks depth or services will be identified need detail in addressed. for services, explaining how leaving no it will address ambiguity. 84 85 the need for services. Research/ Describe the The program Evidence Based research -based clearly outlines 17-19 best practices research -based that your best practices program follows and provides and provide comprehensive, data or relevant data evidence that that strongly demonstrates demonstrates the the effectiveness effectiveness of of the strategies these strategies in achieving in achieving the desired desired outcomes. outcomes. Evidence is current, credible, and directly supports the proposed methods. Target Who is the The target The target The target Population target population is population is population is 20 population and clearly defined identified, but not clearly how are they _ with specific with limited identified, and made aware of demographics, specificity or the outreach the program? needs, and clarity. The strategies are characteristics. program either missing or The program utilizes basic entirely uses or minimal ineffective for comprehensive, outreach reaching the multi -faceted strategies, intended outreach which may audience. No strategies (e.g., have some evidence of social media, success but successful community lack innovation engagement. partnerships, or sufficient direct detail. engagement) that are well- suited to the target audience and have proven effective in reaching them. Accessibility How does your The program The program 21-25 program ensure comprehensively does not 85 86 accessibilityfor addresses all address participants, aspects of accessibility in a including accessibility, meaningful way. considerations including Transportation, for providing fees, location, transportation, transportation waitlists, or waitlists, fees, options, hours are not location, and minimizing or considered, hours of eliminating resulting in operation? waitlists, offering significant (Separate these affordable or barriers to out) sliding -scale access for the fees, and target ensuring that the population. location is convenient and hours are flexible to meet the needs of the target population. Solutions are well thought out, and there is clear evidence of their effectiveness in ensuring broad access to the program. Parent What strategies The program has The program The program Engagement does the well-defined, provides some does not have 26 program use to comprehensive strategies for any clear build parent strategies for building parent strategies for engagement, building parent engagement, building parent and how engagement. but they are engagement. effective are The strategies either vague or There is no plan these strategies are innovative, not fully or evidence of in fostering clearly developed. The attempts to participation? explained, and effectiveness foster parent have been of the involvement, proven to strategies is and effectively foster not well- participation is strong and demonstrated, minimal or consistent and nonexistent parent participation participation. maybe inconsistent. 86 Outcome 1 (20 Points) Grant What to look for 5 3 1 Question(s) Outcome The outcome The outcome The outcome The outcome Structure: statement statement includes 3 of includes 2 or 29 outlines a clear includes a the four less change, change components identifies the statement, focus focus area, area, target defines the population, and target how it will be population, and achieved. explains how the outcome will be achieved. Indicators and Does the The indicator The indicator The indicator Tools indicator includes a clear, includes a does not 30 measure measurable sign measurable inctude a progress that sign, but it measurable sign related to the demonstrates lacks full of progress outcome and the outcome is clarity or depth toward the use a valid being met. The in showingthe outcome, and/or and/or program also outcome is no valid or research-based uses a valid, being met. A research-based tool to collect research-based tool is used, tool is used to dat tool that is but its validity demonstrate appropriate for or research progress. There the target basis is not is no clear population and fully method to show ffectively demonstrated, that the sures or it may not outcome is p ss toward fully align with being met. the come. the desired progress. Activity IWO The outcome is The outcome The outcome is Alignment: program's clearly and shows some not aligned with 31 outcome directly alignment with the funding connect to the connected to the the funding priority and specified funding priority priority and focus area, and funding priority and focus area, focus area, but program and focus area, with program the connection activities do not and how are the activities fully between support the program's aligned to program desired result. activities achieve the activities and There is no clear aligned to desired result. the desired connection achieve the The connection result is not between the desired result? between the fully clear outcome, the 87 Data Collection 32-35 Is there a specific plan for monitoring, collecting, and analyzing data? outcome, activities, and goals is The program has a comprehensive plan that clearly identifies who is responsible for collecting the data, where the data will be sourced, how often the data will be collected, and how the program will monitor the data and make adjustments as needed to ensure progress toward outcomes. The program provides a basic plan, identifying some responsibilities and sources of data, but lacks clear details on monitoring or adjusting based on data. activities, and the grant's The program does not provide a clear plan for measuring progress toward outcomes or adjusting based on data. Outcome 2 (20 Points) Grant I What to look for 1 5 3 1 Outcome Structure, 29 2 Indicators and Tools 30 The outcome s a c'tear ch identifi e focus are defines the target population,, explains ho the outcome will be achieved. Does the indicator measure progress related to the outcome and use a valid The outcome statement includes a change statement, focus area,target population, and how it will be achieved. The indicator includes a clear, measurable sign that demonstrates the outcome is being met. The The outcome includes 3 of the four components The indicator includes a measurable sign, but it lacks full clarity or depth in showing the The outcome includes 2 or Less The indicator does not include a measurable sign of progress toward the outcome, and/or 88 89 and/or research-based tool to collect data? program also uses a valid, research-based tool that is appropriate for the target population and effectively measures progress toward the outcome. outcome is being met. A tool is used, but its validity or research basis is not fully demonstrated, or it may not fully align with the desired progress. no valid or research-based tool is used to demonstrate progress. There is no clear method to show that the outcome is being met. Avtivity Do the The outcome is The outcome The outcome is Alignment: program's clearly and shows some not aligned with 31 outcome directly alignmentwith the funding connect to the connected to the thefunding priority and specified funding priority priority and focus area, and funding priority and focus area, focus area, but program and focus area, with program the connection activities do not and how are the activities fully between support the program's aligned to program desired result. activities achieve the activities and There is no clear aligned to desired result. the desired connection achieve the The connection result is not between the desired result? between the fully clear outcome, the outcome, activities, and activities, and the grant's goals is goals. Data Collection Is there a The program has The program The program 32-35 specific plan for a provides a does not provide monitoring, comprehensive basic plan, a clear plan for collecting, and plan that clearly identifying measuring analyzing d ,, ?identifies who is some progress toward responsible for responsibilities outcomes or collecting the and sources of adjusting based data, where the data, but lacks on data. data will be clear details on sourced, how monitoring or often the data adjusting will be collected, based on data. and how the program will monitor the data and make adjustments as needed to ensure progress 89 _T toward outcomes. Outcome 3 (20 Points) Grant What to look for 5 3 1 Question(s) Outcome The outcome The outcome The outcome The outcome Structure: statement statement includes 3 of includes 2 or 29 outlines a clear includes a the four less change, change components identifies the statement, focus focus area, area, target defines the population, and target how it will be population, and achieved. explains how the outcome will be achieved. Indicators and Does the The indicator The indicator The indicator Tools indicator includes a clear, includes a does not 30 measure measurable sign measurable include a progress that sign, but it measurable sign related to the demonstrates lacks full of progress outcome and the outcome is clarity or depth toward the use a valid being met. The in showing the outcome, and/or and/or program also outcome is no valid or research-based uses a valid, being met. A research-based tool to collect research-based tool is used, tool is used to data? toot that is but its validity demonstrate appropriate for or research progress. There the target basis is not is no clear population and fully method to show effectively demonstrated, that the measures or it may not outcome is progress toward fully align with being met. the outcome. the desired progress. Activity Dq-�, The outcome is The outcome The outcome is Alignment: progra's clearly and shows some not aligned with 31 outcome directly alignment with the funding connect to the connected to the the funding priority and specified funding priority priority and focus area, and funding priority and focus area, focus area, but program and focus area, with program the connection activities do not and how are the activities fully between support the program's aligned to program desired result. activities achieve the activities and There is no clear 90 Data Collection 32-35 aligned to achieve the desired result? Is there a specific plan for monitoring, collecting, and analyzing data? PROGRAM Finance (20 Points) Grant What to took for Question(s) Appropriateness Is the funding of Funding request Request: appropriate for 52, 54-55 and the proposed IRC staff activities, and guidance on does it directly allowable items support the delivery of services? Consider the relationship of funding request (55) to total program costs (49) and operating elements. Are funded costs desired result. The connection between the outcome, activities, and goals is The program has a comprehensive plan that clearly identifies who is responsible for collecting the data, where the data will be sourced, how often the data will be collected, and how the program will monitor the data and make adjustments as needed to ensure progress toward outcomes. 0 Funding Request directly supports delivery of services under the program versus supporting or administrative elements. Supporting documentation detailing personnel and other costs to be reimbursed is provided Items requested for funding are the desired result is not fully clear The program provides a basic plan, identifying some responsibilities and sources of data, but lacks clear details on monitoring or adjusting based on data. 3 Funding Request partially supports delivery of services under the program versus supporting or administrative elements and/or supporting documentation detailing personnel and other costs to be reimbursed connection between the outcome, the activities, and the grant's goals. The program does not provide a clear plan for measuring progress toward outcomes or adjusting based on data. 1 The funding request is inappropriate or excessive for the proposed activities, with little to no connection to direct service delivery. 91 92 direct or incidental to the program operations? Are items requested for funding allowable? allowable for reimbursement by the County. is not adequately provided and/or Items requested for funding can be adjusted to become allowable for reimbursement by the County. Program Budget 1.Program Meets all 4 of the Meets 3 of the Meets 1 or 2 of is Complete, budget appears criteria criteria the criteria Realistic and well thought Cost Effective: through, all 48-55 items to operate the program are included. 2.Supporting documentation detailing personnel and other costs necessaryfor the program is provided 3.Substantial portion of the Note items 1 program budget and 2 speak to appears to be completeness 3 direct services and 4 speak to versus realistic and supporting and cost- administrative effectiveness of elements. the Program 4.Program cost per client is supported either by small cost per client or large impact to a few clients 40-47, 50-51 Financial The Program The budget The budget does Stability of Budget identifies includes some not identify or Program other funding information on explain other sources and the other funding funding sources. 92 93 The program is likelihood of sources but There is no significant to obtaining lacks full transparency the Agency's needed funding clarity or regarding normal is high. detail. The additional operations, % of this funding explanation is funding, leaving Note: speaks to funded through request to the somewhat questions about ability and general total program vague, and it is the program's motivation of donations and budget is less unclear how overall financial Agency to significant to than 25% OR the these sources stability. continue the the Agency's Agency has a contribute to program mission. plan to reduce the program's Programs that CSAC funding in financial are not the future. stability. substantialto Program is operations, substantial to funded only by the Agency's special or mission and not restricted an outlier. donations, and Program only incidental represents a to an Agency's significant mission are less portion of likely to Agency continue. operations. 54-55 Administration Organization has The The of the Funding a history of Organization Organization Request: timely and has a history of has poor history The accurate adequate of timely and Organization submissions for reporting (if accurate Note: speaks has identified reimbursement they have submission for directly to procedures to (if they have received prior reimbursement structure of and enable grant received prior CSAC funding) (if they have reimbursement tracking and CSAC funding) identified received prior procedures for timely Organization has some, but not CSAC funding) the funding application for identified the all, of the and has a basic requested. reimbursement specific specific methodology in with supporting documents it documents it place to prevent documentation. plans to submit plans to duplication of and detailed its submit, with expenses across expected general funders, though reimbursement timelines for this process submittal reimbursement may lack timelines. but lacks thoroughness or Organization has specific consistent a methodology details. implementation. in place to eliminate duplication of 93 Note: Missing information will receive a score of 0. 94 expenses applied to funders. Bonus Point Section: Addressing Identified Needs and Achieving Outcomes Grant Questions Criteria Description Points 13-16 Preventative or The program is preventative or provides early 1-3 Early interventions that address root causes and reduce Intervention long-term issues Program 13-16,40 Addresses The program addresses significant needs in 1-3 Needs in underserved or marginalized communities, providing Underserved essential services (1-3 points based on level of Communities impact). 13-16,40 Addresses The program provides services to geographical areas 1-3 Needs in where there is limited existing support or resources Geographical (1-3 points based on the scope and importance of Areas with service delivery). Limited Support 13-16,25 New Program The program is new and was developed to meet a 1-3 Created to unique, previously unmet need in the community (1-3 Address a points based on innovation and impact). Unique, Unmet Need 28 (Previously If the program was funded in the previous year, it 3 Funded)" successfully met or exceeded allthree identified Program Met Ali outcomes (3 points) Outcomes in the Previous Year Note: Missing information will receive a score of 0. 94 2024/2025 NEEDS ASSESSMENT EXECUTIVE SUMMARY Adverse Childhood Experiences (ACEs): We observed that nearly 26.3% of high school students in Indian River County report experiencing four or more ACEs, a significant increase from prior years. Common ACEs include parental separation, household substance use, and mental illness. To counter these effects, we recommend expanding family -centered interventions that address ACEs and enhance stability within homes. Child Abuse and Foster Care: While the rate of child abuse among youth aged 5-11 has slightly decreased, it remains higher than the state average. Our findings also indicate an increase in foster care placements, particularly among teenagers. We recommend maintaining robust child protection services and fostering community-based support programs that prevent abuse and address trauma among youth in care. Juvenile Delinquency: The rate of juvenile arrests has increased by 13% with misdemeanor offenses on the rise among middle and high school students, exceeding the Florida statewide average rate. To reverse this trend, we urge increased support for youth mentoring programs, early intervention strategies, and community-based alternatives to traditional disciplinary measures. 3. Success in School & Life The assessment highlights continued challenges in educational readiness and attendance, while pointing to opportunities for strengthening career pathways: • Kindergarten Readiness: Despite some improvement, nearly half of incoming kindergarten students are not fully prepared for school. The data underscores a need for expanded early childhood education programs, particularly in areas with lower rates of school readiness. We recommend prioritizing funding for early learning initiatives that ensure children are equipped to succeed from the start. • Academic Achievement and Attendance: Our analysis indicates that academic performance remains above state averages, yet chronic absenteeism has increased post -pandemic. We recommend targeted attendance interventions, particularly for at -risk student groups, to sustain and enhance these academic gains. • High School Graduation and Career Readiness: Graduation rates continue to exceed state averages, marking five consecutive years of success. However, our findings indicate a need for additional vocational training and partnerships with local businesses to expand career readiness pathways. We recommend developing partnerships with regional employers and trade programs to prepare students for diverse post -graduation opportunities. Additional Insights and Recommendations The committee's expanded data collection and community engagement efforts have revealed additional insights that inform our recommendation • Demographic Shifts: Indian River County's aging population and increasing youth diversity necessitate culturally tailored and accessible services. We recommend targeted outreach and service expansion that reflects the demographic shifts within the county. Accessibility of Resources: Transportation and scheduling barriers continue to limit access to essential services. We recommend that funded programs prioritize geographic convenience and adaptable scheduling to ensure resources reach those in need effectively. Conclusion In summary, the 2024/2025 Needs Assessment findings by the Children's Services Advisory Committee highlight both the progress made and the emerging needs within Indian River County. Addressing these needs will require a continued commitment to collaborative partnerships, strategic investment in preventiv and supportive services, and a focus on creating equitable access to resources across all sectors of the community. By prioritizing these actions, we aim to foster a healthier, more resilient, and prosperous future for all county residents. UNDERMET NEEDS Category Focus Area Progress Unmet Needs Prenatal Care Slight improvement in early access to Significant racial/ethnic disparities remain, with Black and prenatal care. Hispanic mothers less likely to receive timely care. Youth Behavioral Health Decline in substance use overall, some High rates of depression and suicidal ideation, especially reduction in youth vaping. among female students; limited mental health resources. Health & Well - being Youth obesity rates below state average; Higher obesity risks for minority youth and those in apartment Physical Health decrease in lifetime use of harmful housing; access gaps for healthy lifestyle programs. substances. Special Needs Programs Increased support for students with Growing demand for services exceeds current capacity, developmental delays and autism. especially for targeted interventions for autism. Community initiatives to reduce risk High levels of ACEs persist, particularly in household mental Childhood Adversity factors have begun. health and substance abuse. Nurturing Child Abuse and Foster Higher than state average for abuse incidents; increased foster Families & Care Slight decrease in abuse rates. care placements, particularly for teens. Communities Community-based programs available for Increase in juvenile arrests and misdemeanor offenses; need Juvenile Delinquency early intervention. for more diversion and youth support programs. Kindergarten Readiness Improvements in VPK program Nearly half of incoming kindergarten students are not participation. prepared; limited access to early learning programs. Success in Strong performance on state assessments Chronic absenteeism rising post -pandemic; attendance School & Life Academic Achievement in reading and math; post -pandemic programs need expansion and support for high-risk students. recovery. High School Graduation Graduation rates above state average; Need for expanded vocational training and job readiness and Career Pathways existing partnerships with local businesses. Programs; limited career pathways for non -college -bound outh. T NT AGENDAing 01-28-2025 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Division Date: December 30, 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: Megan Kendrick Human Services Manager Subject: Children Services Advisory Committee Updated Guidebook (Revision 12.10.2024) BACKGROUND: On May 1, 1997, the Board of County Commissioners adopted Ordinance 97-7, establishing the Children's Services Network as an advisory board to the Indian River County Board of County Commissioners. Along with the ordinance, a guide was adopted by resolution, outlining the operating procedures for the Children's Services Network. On May 17, 2022, the Board of County Commissioners adopted Ordinance 2022-007, amending Part II of Chapter 103 (Commissions and Boards). This ordinance updated various aspects of the Children's Services Advisory Committee (CSAC), including the requirement that the procedure handbook be adopted by resolution to formally establish CSAC's operating procedures. Following revisions, updates, and input from the Children's Services Advisory Committee, the CSAC Guidebook was approved by majority vote during the CSAC meeting on December 5, 2023. This marked the first comprehensive update to the procedure handbook since its adoption in 1997. The updated language and operating procedures now align with Ordinance 2022-007, ensuring clarity, consistency, and effective governance moving forward. DESCRIPTION AND CONDITIONS: Based on feedback from the Children's Services Advisory Committee (CSAC), the guidebook has been updated and unanimously approved by CSAC at the December 10, 2024, CSAC meeting, to ensure clarity, consistency, and alignment with current needs and policies. Key updates include: • CSAC Civility Policy: Establishes expectations for respectful communication, active listening, constructive feedback, and a zero -tolerance policy for harassment or unprofessional behavior. • Attendance Policy: Clarifies attendance requirements, stating that members must maintain at least 75% attendance annually to remain in good standing. • Needs Assessment Process: Strengthened timelines and procedures for conducting comprehensive needs assessments every five years with annual updates, including asset mapping and community feedback. • Subcommittee Selection Process: Outlined procedures for advertising, reviewing, and selecting members for the Needs Assessment and Grant Subcommittees. 98 PAGE 2 BCC AGENDA ITEM CSAC COMMITTEE UPDATED GUIDEBOOK • Funding and Program Monitoring: Improved processes for grant review, performance monitoring, site visits, and evaluation of funded programs throughout the year. Strategic Plan Requirements: Formalized a five-year strategic planning cycle with annual updates, prioritizing unmet or under -met needs and ensuring alignment with measurable outcomes. These updates reflect CSAC's commitment to accountability, transparency, and the effective allocation of resources to programs that serve children and families in Indian River County. FUNDING: There is no funding required for this item. RECOMMENDATION: Staff recommend the Board accept the Children's Services Advisory Committee's Guidebook, as submitted. ATTACHMENTS: Children's Services Advisory Committee Guidebook (Revision 12.10.2024) APPROVED AGENDA ITEM FOR JANUARY 28.2025 99 CHILDREN'S SEPVICES ADVISO RY CO MMITTEE ��ui�E: Tom Ordinance 2022-007 Revised on 72.70.2024 �V Q OU TABLE OF C.ON.TENTS.- CG Description Page General Overview Introduction, Maintenance of the Children's Services:03 Advisory Committee; Including Responsibility, Amendment, and Updating Procedures Chapter Purpose, Definitions, Objectives, and Policies Chapter 11 Responsibilities and Relationships, Role of the Indian River County Board of the County Commissioners, ahrl Children's Services Advisory Committee Chapter 111 9. Needs Assessment, Priorities, and Plan. Chapter IV0 Funding/Financing, A :axes, Grant Gifts/En ment.s 12 i INTRODUCTION •9"""N The Children's Services Advisory Committee Guide is to be used as the primary document that contains the standards, policies, and procedures creating a unified system of planning and delivery within which children's needs can be identified, targeted, addressed and evaluated by the Children's Services Advisory Committee. With respect to the Guide, The Board of County Commissioners will have the approval authority on its adoption and revisions. The Children's Services Advisory Committee will maintain the Guide and act as an advisory committee to the Board of County Commissioners. The Children's Services Advisory Committee will also receive and review proposals for allocation of funds for targeted children's services and make recommendations regarding funding to the Board of County Commissioners. County staff will be made available at the direction of the County Administrator. Although the Children's Services Advisory Committee Guide will be the primary source for policy and procedural guidance, the Indian River County Comprehensive Plan, as well as the Comprehensive Plans of municipalities in the County, will be used where they contain goals, policies, and objectives relating to children's services. 1. Recommend providing and maintaining services for children as the Children's Services Advisory Committee determines the needs for the general well-being of the children in the county. 2. Collect information and statistical data, and conduct research that will be helpful to the Children's Services Advisory Committee and the county in deciding the needs of children in the county. 3. Consult, collaborate, and coordinate with other agencies dedicated to the well- being of children to end duplication of services. 4. Recommend the allocation of funds for programs that provide services for the benefit of children in the county. 5. Recommend standards for evidence -based, measurable outcomes within the Request for Proposal, and monitor the agencies for actual performance on agreed upon standards. Page 3 The primary objective of the Guide is to outline procedures to meet these principles. Children should be given the opportunity to grow up as "Healthy Children in a Healthy Community." The term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental, and educational health. Meeting this goal will require the cooperation, collaboration, and partnership of both public and private agencies. The secondary objective of the Guide is to recommend procedures for the application for and allocation of dollars. In making its recommendation, the Children's Services Advisory Committee follows the procedures set forth in this Guide. Designated county staff support the Children's Services Advisory Committee in monitoring programs receiving funds, grant writing, facilitating review of funding applications, preparing annual reports, taking minutes of the Children's Services Advisory Committee meetings, and maintaining complete official records. 0 To carry out the responsibilities of maintaining the Guide in a correct and up-to-date manner, the Children's Services Advisory Committee Human Services Manager shall identify a county staff member whose duties will include coordinating all Guide issuance and keeping the Guide up- to-date. The guidebook shall be adopted by the board of 4 county commissioners by resolution. . ki - \�\P UPPZ�MH9 FECO The Guide may be amended by a majority vote of the Board of County Commissioners. The Children's Services Advisory Committee shall work with staff and sub- committees to review and update the Guide and shall make recommendations to the Board of County Commissioners regarding the proposed Guide revisions every two years. I .. .. .. j is ::CHA.PT,ER��-I... [slJR[skiBE. DEFINITIONS, OBJECTIVES & POLICIES i rY h.tfie.plant pros and.: This guide is to assist the Children's Services Advlso Corm:th ACadUr+es that lead to decisions on devek�parn�nt of progra rns !luon ied by the Bosifd of County Coriam stoners to promote the health and well-twin' childraa in the community. ' { A formal meds assessment process will identify gaps in childreWs services. The CMIldren's Services Ad.. Committee will recommend program planning and funding to the Board ofCounty 111t�issioner t, DEFINITIONS.. The following terms and definitions are to aid -in interpreting al A. Advisory Committee: Any group by whatever flame y a specific acik,of the Board of County Commissioners as an adjunct:to the Board toprriovide 'advicaor recommendaHtions,and policy alternatives. .. .. .: B. Asset Mapping: Identification ofservices provided within the agenciO4.JhOudes loca#lC+ns, number served, unmet and under-met nee C: hjjdrep: Any person who has not attained the age o 18 arni D.Q)Wrgn'sServicesPlan: Plan ofprogram operation and administrati ribesthe manner in which the Children4s:Senrices Advisory Committee intends to implement a#nd aspects of program administration within its jurisdiction in accordance with Ordinance No. 2022-007. E. Collaboration: Working together.. r,.rmoreeffective program. F. Endowment.' a act of settling a fund,: t pecuniary provision.: tlhe maintenance. of:a public institution, charity, college et G. - ;f m office; by virtue of the office; without any other warrant or.appointri wvs. than that resultintg fro olding of a pa ar office. H. Family: A group` a children who are, living together as one econor»iG unit. except that residents of a ho an institution shall not all be considered as mem of a single family. I. Health Services::0 routine pediatric care for ptrpventive and acute ilinesses and referral for treatment. 3. Homeless Children: Children who lack a fixed and regular nighttime residence or whose primary nighttime residence is a publicly or privately operated Supervised shelter: 104 tv15,OP t ;iC, Measurable Outcomes: outvotes that can be quantified from the services delivered.. " L. Need Assessment: A comprehensive c*4nty-*We evaluation otchlden'sni4id .. ... which ifeludi3 .a.' qualitative summary of programs,.services, and activities serving children: Al M. on-profit Age A private agency. that is exernpt frog income tau und�et the Internal due' ..Code of 1954, as amended. M. Partnership s: A voiuntarycontract betw.n tvv© or maser competent "r Q p persor>uca dace their rney, efilects, labor, or some or al.of them in lawfui business with the urstartding"that there shall be proportional sharing of profits and losses. •�x O. Priority of Needs: Children's needs Identified for potential funding requetts'llisted in descending order of:priority. P. Program: Program services designed to moot unmet orunder rnet needs I a with thy: ,goals and objectives of the Children's Services A <9Q J dasoty Committee: " , 4 $"uest for Progggl A dnal process to.rrequest agemies tosubmtt addr:idegti�ed unmet or under-ret needs: R. Standardized Outcomes. A goal or benchmark used to evaluate the effectiwane S. Survey: A tookfic tool used. v to rify the needs of requested s -s} iervic fiDr+�h l+C! Ritmo County. T. Under -met Needs: Needs identified in a community that have been ally met, either in terms of a portion of services provided to the total commu or total servicbas provide a portion of the community. U. Unified Systerrt:;Asystem of ation, sometimes from a variety of -10 agencies.. <PCILiCtI�'S � f $F a Indian oar of Coo Coram ssidners Will consider recommendations presented.bythe : Child ..es Advisory Commitee for progra that have been-shown to be needed for the children of Indian `'er County when these recommendations aretconsistent with the objectives as set forth 16Y the Children's rvices Advisory Committee. The County's: policy BMs to 4dn riding of programs after a: needs assessment has been completed.and theChilos.Advisory Committee has reviewed. and prioritized th�eprograms that.areneeded by the chian Ri�rCounty. This process should be done with the involvement of aHgencies providing programs fb..r.the Board ofcounty commissioners a# lei�t Avery gears five yearses-needeef All functions: of the Childfen's Services AdvisoryCommittee arra done as recommendations to the..Board of Countycomm ssioners. itis the policy of the Board of County Commissioners to work in a cooperative venture. with such entities including, but: not limited to. for=profit and not-llru-profit organizad ons.municipalities within Indian River County, the Indian River County. School Board, and .public agencies. (Le„ Department.of Health. Children & Families, Juvenile Justice. etc.). . a e 6 CSAC Civility Policy The Children's Services Advisory Committee CSAG) is t mmitted to fostering an environment of respect; inclusivity, and professionalism in all interactions. As representatives of ourfommunity, we recognize that civil and constructive discourse is fundamental tooiurmssion. Therefore, all members =of the CSAC are expected abide by the following principles of clylllityr 1 "*.Respectful Communication!! p►krn4hbers are ex' pe ed to i�It4runi 'x' fi .. ' idi elr s and respect, regardless of differing opinions. Disparaging remarks, personal attacks, profanity, or any form of disrespectful language will not be tolerated. Members will not speak over each other and: allow other members to finish their thoughts before responding. 2. "Active Listening and Open-Mindedness** CSAC values diverse perspectives. Members should actively listen to others, engage thoughtfully, and remain open to differing views, fostering an environmenttvhere all voices can be heard. 3. **Constructive Feedback** Feedback, whether given verbally or in driving, should be constructive and aimed at helping the committee achieve its goalt O ftm should focus on issues, not individuals, ; . and should be delivered in a mann .-that prtns positive outcomes. 4. "Transpar� arfd AdOW i,' CSAC opeteesinderFl j`s 0 Law, ensuring transparency i 'all official ngS, ....sand comh9i� rrtp�nie:stain open and public discussion nd to h a n d l e all corli"Ittea m with lntegftr S. -Zero"folerance 1br.Ham t, DiscrimIncition, or Profanity** CSAC has any form of harassment, d isOilftination,`Okbfanity, .:or hostile behavieir',AII members are expected to uphold,these valuex *11 their i nteradtions within and outside of CSAC. Meetings. To maintaina Constructive and r ifpnvironment for all, failur�i• :elude by these pr..Incipies may result in, 'appropr)a " eetiue action, including pb�siii lej moval from the committee, Attendance Policy Committee Attendance an 'tbarrt ipation Active participation in committee meeting .1s,'Otical to theswpcess of the Children's Services Advisory Committee (CSAC) and its mission:tck erve children and families in Indian River County. Members are expected to attend all scheduled meetings. All members are expected to attend all meetings. If a member's annual attendance drops below the seventy-five (75) percent mark, the executive office directb(thall submit a report to the Board of County Commissioners for their consideration of possible removal from the Children's Services Advisory Committee. Active engagement during meetings is essential for ensuring informed decision-making and collaboration. Members are expected to reviewall materials provided prior to meetings to ensure they are prepared to contribute effectively to discussions and decisions. By committing to regular attendance and meaningful preparation, members help uphold the integrity and effectiveness of the committee's efforts. 106 CS ITTE E The primary responsibilities of the Children's Services Advisory Committee are as follows: • Inventory current child welfare services available in Indian River County; • Conduct a needs assessment for children's services in Indian River County; • Recommend a plan for providing any additional, necessary child welfare services to the Board of County Commissioners: • Submit recommendations to the Board of County Commissioners on any matters affecting the health and well-being of children in Indian River County; • Through the County staff, consult, collaborate, and ccordinate with other agencies dedicated to the well-being of children to prevent duplication of services; • Collect information and statistical data and conduct research that will be helpful to Indian River County in deciding the needs of children within the county; • Recommend the allocation of funds to agencies that provide services for the benefit of childre River County to the Board of County Commissioners for funding based the approv i l Board of County Commissioners. Miranda Swanson, Chair, Administrator 9 Michelle Morris, Appointee: District 2 Health Department: Ex -Officio Joe Earman, Commissioner 10 Katie Mieras, Appointee: District 3 3 Frank Isele, Hospital District: Ex -Officio i1 Jeffrey Andros, Appointee: District 4 4 Bob McPartlan, Vice Chair, Department of 12 Hope Woodhouse, Appointee: District 5 Children & Families: Ex -Officio Dr. David K. Moore, r 5 Superintendent of Schools: Ex -Officio 13 Amber Cerda, Member -at -Large Dr. Kyra Schafte, Designee 6 Sherriff Eric Flowers, Law Enforcement: 14 Bob Schlitt, Member -at -Large Ex -Officio Doug DeMuth, Accountant, certified financial 7 Judge Victoria Griffin, Judge: Ex -Officio i 15 officer, certified financial planner or has significant financial experience *The list of committee members reflects membership during 8 David Bailey, Appointee: District 1 the reporting period and may not represent the current composition of the committee. S S I ES� The primary responsibilities of the Children's Services Advisory Committee are as follows: • Inventory current child welfare services available in Indian River County; • Conduct a needs assessment for children's services in Indian River County; • Recommend a plan for providing any additional, necessary child welfare services to the Board of County Commissioners: • Submit recommendations to the Board of County Commissioners on any matters affecting the health and well-being of children in Indian River County; • Through the County staff, consult, collaborate, and ccordinate with other agencies dedicated to the well-being of children to prevent duplication of services; • Collect information and statistical data and conduct research that will be helpful to Indian River County in deciding the needs of children within the county; • Recommend the allocation of funds to agencies that provide services for the benefit of childre River County to the Board of County Commissioners for funding based the approv i l Board of County Commissioners. CSAC NEEDS ASSESSMENT & PLANNING SUBCOMMITTEE MEMBERS M Name e Woodhouse, Chair utumn Schneider Brian McMahon Brooke Hall He Maynard -Lester Janet Sofield Jody Idlette Paula Barclay 00 *The list of committee members reflects membership during the reporting period and may not represent the current composition of the committee. CHILDREN'S SERVICES ADVISORY COMMITTEE NEEDS ASSESSMENT & PLANNING - Identify and assess the needs of the children of Indian River County through a needs -assessment and asset mapping; submit to the Board of County Commissioners through the Children Services Advisory Committee a written description of those needs. Provide and update short term and long-term plan to the Children Services Advisory Committee including, but not limited to, programs, services, and activities that meet the objectives of the children's services advisory committee. CSAC GRANT REVIEW & PROGRAM SUBCOMMITTEE MEMBERS Robert (Bob) Schlitt, Jr Chair Angela Jones 18 0 Michael Kint Michael Marsh Sherrie Kolodziejczak Susan Aguirre Susan Curtis Tracey Zudans Wendy McDaniel *The list of committee members reflects membership during the reporting period and may not represent the current composition of the committee. CSAC Grant Review and Program - In coordination with the Executive Office Director - review and revise requests for proposals (RFP) based on need determination and set priorities. Upon completion of review, submit to the Children Services Advisory Committee for approval. Review and recommend letters of intent submitted by agencies requesting funding. Review final RFPs and make recommendations for funding to Children Services Advisory Committee, who will then recommend to the Board of County Commissioners for funding. Receive, review, and present to Children Services Advisory Committee members quarterly (at a minimum) reports from funded agencies. Conduct program evaluations throughout the funding period, schedule and attend site visits to funded program. Page 2024-2025 FUNDING DASHBOARD Children Indian County Services Advisory Committee 4?rograms Recommended • Fending 2024-'7n1., he� SUNSHINE. LAW RESOLUTION 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ADOPTING THE GUIDEBOOK FOR THE CHILDREN'S SERVICES ADVISORY COMMITTEE WHEREAS, the Children's Services Advisory Committee Guidebook, last updated in 1997, serves as a crucial document outlining the operating procedures of the Children's Services Advisory Committee; and WHEREAS, it is imperative to ensure that the procedures and guidelines governing the Children's Services Advisory Committee are reflective of current best practices, and ordinance requirements; and WHEREAS, the Board of County Commissioners acknowledges the importance of maintaining an up-to-date handbook to enhance the efficiency, effectiveness, and relevance of the Children's Services Advisory Committee in fulfilling its mission; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners hereby resolves to adopt the revised Children's Services Advisory Committee Guidebook, dated December 10, 2024, which shall supersede the previous version dated December 5, 2023. The updated handbook is reflective of contemporary best practices, and ordinance requirements. 2. The Indian River County Board of County Commissioners adopts this resolution pursuant to the authority vested in the Board of County Commissioners by Ordinance 2022-007, which mandates the adoption of the Children's Services Procedures Handbook by resolution. The purpose of this resolution is to ensure that the Children's Services Advisory Committee operates in accordance with current standards and practices. 3. The Indian River County Board of County Commissioners hereby adopts the updated Children's Services Guidebook, effective immediately. All relevant parties shall be notified of the changes, and the revised handbook shall be implemented promptly. 4. This resolution shall take effect immediately upon adoption by the Board of County Commissioners. 119 RESOLUTION 2025 - The resolution was moved to adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 28th day of January, 2025. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Christopher Hicks Assistant County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph E. Flescher, Chairman 120 Date: To: Thru: INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Division December 30, 2024 The Honorable Board of County Commissioners John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Megan Kendrick Human Services Manager Subject: Children Services Advisory Committee: De -obligation of Funding for Motivational Edge FY 2024-2025 BACKGROUND: On April 9th, 2024, the Board of County Commissioners approved FY 2024/2025 funding for Children's Services in the amount of $3,149,351, with up to $207,522 for administrative expenses and up to $2,941,829 in Children's Program expenses. DESCRIPTION AND CONDITIONS: For the fiscal year 2024-2025, Motivational Edge was awarded $15,000 for the Bridging Hope program. On October 15th, 2024, the agency formally notified the Children's Services Advisory Committee (CSAC) of its decision to terminate the program contract, resulting in the de -obligation of the grant funding for this specific use, but keeping the funds in Reserve for Contingency for a future identified need. FUNDING: There is no additional funding required for this item. RECOMMENDATION: Staff recommends the Board de -obligate funding to Motivational Edge Inc. for the Bridging Hope program in the amount of $15,000 and preserve the funds in Reserve for Contingency for future needs. ATTACHMENTS: Grant Contract — Motivational Edge CSAC Approved Program Funding FY 24-25 Consent Staff Report to approve funding Notice from Motivational Edge APPROVED AGENDA ITEM FOR JANUARY 28, 2025 121 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2024 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and The Motivational Edge, Inc at 2436 US -1 Vero Beach, FL 32960 ("Recipient") for program(s) Bridging Hope. Background Recitals A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999, and amended by Ordinance 2022-007 adopted on May 17, 2022, ("Ordinances") establishing the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a Request For Proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The Proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a Proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period defined as October 1, 2024 — September 30, 2025 F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete Proposal submitted by the Recipient and is incorporated herein by reference as "Children's Services Advisory Committee Grant Application - CSAC 2024-25 Grant Application and all associated Supporting Documents" and attached hereto as "Exhibit A — Proposal Cover Page and Funder Budget". 3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2024/25 ("Grant Period"). The Grant Period commences on October 1, 2024 and ends on September 30, 2025. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is fifteen thousand dollars ($15000). The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests shall conform with Indian River County Policy dated August 16, 2022, attached as Exhibit "C". All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 122 5. Additional Obligations of Recipient. 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.1.1 Cooperation. The Recipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County or the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, bank statements, attendance rosters, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.3.1 Attendance Tracking. Funded programs are required to submit quarterly attendance reports to the County. These reports will detail participant numbers and demographic information, facilitating an accurate evaluation of program reach and impact. 5.4 Site Visits. In support of effective coaching, feedback, and assistance to agencies, site visits will be jointly conducted by CSAC staff and, when available, a committee -appointed representative from the Children's Services Advisory Committee. These visits will provide valuable insights into program implementation, alignment with stated objectives, and potential areas for improvement. This comprehensive assessment approach ensures the optimal development of the funded programs. 5.5 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.5.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Children's Services Advisory Committee and, after consultation with the Indian River County Office of Management and Budget and the Clerk's Auditor, funding under this Contract may cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.5.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 123 5.6 Insurance Requirements. Recipient shall, no later than October 1, 2024, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit). (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.7 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.8 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.9 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 124 (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 PUBLICRECORDS(a-IRCGOV.COM Indian River County of the County Attorney 180127"' Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 125 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator RECIPIENT: By: Name, Title Approved as to form and legal sufficiency: Susan Prado Deputy County Attorney Agency Name 126 The Motivational Edge, Inc PROGRAM COVER PAGE Organization Name The Motivational Edge, Inc Executive Director Name Ian Welsch Organization Address Executive Director Email Executive Director Phone Program Director Name Program Director Email Program Director Phone 2436 US1 Vero Beach FL 32960 Ian themotivationaledge.org (786) 269-9831 Kristal McIntyre KristaIM _themotivationaledge.org (772) 643-6457 Agency Website https://themotivationaledgevero.org/ Brief description of your organization (100 word limit) The Motivational Edge is a solutions focused nonprofit organization dedicated to empowering youth through arts and education. By offering innovative programs in music, arts, and academics, it aims to inspire and motivate at -risk youth, equipping them with the skills and confidence needed to succeed. With a focus on creativity, mentorship, and community engagement, The Motivational Edge fosters personal growth, academic achievement, and positive social development among young people, creating opportunities for them to thrive and reach their full potential. 127 The Motivational Edge, Inc - Bridging Hope CSAC Funder Specific Budget Expense Description k, '.24/25 Funder ;"dget % of Total VS. Funder Request Salaries 15,000.00 15,000.00 100.00 Employee Benefits 0.00 0.00 0.00 Payroll Taxes 2,250.00 0.00 0.00 Contract Wages (1099) 92,150.00 0.00 0.00 Books/Educational Material/Program Supplies 0.00 0.00 0.00 Occupancy (rent, utilities, building & grounds) 9,100.00 0.00 0.00 Other Expenses (maximum of 5) 1,500.00 0.00 O.QO Insurance 1,000.00 0.00 E audit 500.00 0.00 Total 120,000.00 15,000.00 100. 0 128 TOTAL *Expenses must include itemized original invoice and receipt or canceled check as proof of payment. *Salaries must show a breakdown the hours paid by type (e.g., regular, sick, vacation). Please note the County will NOT Reimburse for SICK or VACATION time so those must be deducted from the request prior to submitting 1 hereby certify that the above costs are true and valid costs, incurred in accordance with the program funding agreement. I further attest that the above costs were not, nor will be, reimbursed through other funding sources. Name and Title Signature Date 129 EXHIBIT C [From policy adopted by Indian River County Board of County Commissioners on August 16, 2022.1 A. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of County Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year-end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid-October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. Reimbursement requests will not be reviewed until a complete summary is submitted. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 130 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Human Services Division Indian River County 1800 27TM' Street Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor: The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment: This Contract may not be assigned by the Recipient without the prior written consent of the County. 131 Agency Name Big Brothers Big Sisters of St. Lucie County Program Name Community -Based Mentoring FY25 $ Funding 15,000.00 Big Brothers Big Sisters of St. Lucie County Passport to Early Literacy $ 85,000.00 Boys & Girls Clubs of Indian River County Project Learn (After School & Summer Program) $ 50,000.00 Catholic Charities ofthe Diocese of Palm Beach, Inc. Samaritan Center $ 38,850.00 Childcare Resources of Indian River Children in Centers $ 350,000.00 Childcare Resources of Indian River Community & Family Services $ 220,100.00 Children's Home Society of Treasure Coast Dodgertown Elementary, a Community Partnership School $ 58,815.00 Crossover Mission, Inc. Healthy Kids $ 65,000.00 Crossover Mission, Inc. Accelerate My Potential (AMP) $ 65,000.00 Early Learning Coalition of Indian River, Martin and Okeechobee Emergent Literacy: Developing Expert Pre -Kindergarten Teachers $ 45,000.00 Feed the Lambs Enrichment Program, Inc. Feed the Lambs After School Tutoring Program $ 12,000.00 Feed the Lambs Enrichment Program, Inc. Feed the Lambs Enrichment Program Summer Camp $ 18,000.00 Gifford Youth Achievement Center, Inc. Youth Employability Program (YEP) $ 7,500.00 Gifford Youth Achievement Center, Inc. After School Education Program $ 65,500.00 Gifford Youth Orchestra Staging for Success $ 45,000.00 Helping Hands Program of South County Helping Hands School Year Program $ 15,000.00 Helping Hands Program of South County Helping Hands Summer Program $ 10,000.00 Hibiscus Children's Center, Inc. SafeCare - Parenting Education Home Visitation Program $ 35,000.00 Indian River County Healthy Start Coalition Coordinated Intake and Referral/ PEPW $ 20,000.00 Indian River County Healthy Start Coalition Babies and Beyond $ 62,650.00 Indian River County Healthy Start Coalition Care Coordinaton - Doula Services $ 58,000.00 Indian River County Healthy Start Coalition Fatherhood Program $ 15,000.00 Indian River County Healthy Start Coalition Healthy Families IRC $ 50,000.00 Indian River County Healthy Start Coalition Nurse Family Partnership $ 15,000.00 Indian River County Healthy Start Coalition Parents As Teachers $ 116,450.00 OCP Community Outreach, Inc. Purpose Driven Youth $ 30,000.00 Pelican Island Audubon Society Audubon Advocates after-school lagoon science program $ 25,000.00 Redlands Christian Migrant Association Enhancing infant and toddler care in Indian River County $ 75,500.00 Redlands Christian Migrant Association RCMA SRMAT Early Care and Education Program $ 50,000.00 Safe Families for Children Safe Families for Children -Treasure Coast $ 25,000.00 Substance Awareness Center of IRC Inc. Prevention Works! $ 180,000.00 Sunshine Physical Therapy Clinic School Readiness through Occupational and Speech Therapies $ 40,000.00 The Buggy Bunch, Inc. Thriving Families $ 25,000.00 The Hope for Families Center HFC Shelter Program Children's Enrichment Initiatives $ 39,654.00 The Learning Alliance Moonshot Families Early Learning Programs $ 50,000.00 The Learning Alliance Moonshot Academy $ 370,000.00 The Motivational Edge, Inc Bridging Hope $ 15,000.00 The Salvation Army of Indian River After School Music Education for Children & Youth $ 10,000.00 Treasure Coast Girls Coalition Inc Seeds of Change STEAM Pathway $ 30,000.00 Tykes &Teens, Inc. Trauma Informed Care $ 75,000.00 Willis Sports Association, Incorporated WSA RBI: Reviving Baseball in Inner Cities League $ 35,000.00 Willis Sports Association, Incorporated WSA-RBI : Fun at Bat $ 50,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Parent Aide $ 9,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Pre -Apprenticeship $ 13,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Summer Enrichment Program $ 12,000.00 Youth Guidance Donation Fund of Indian River County, Inc. Youth Guidance Afterschool Program: Pathways $ 66,000.00 Youth Sailing Foundation of Indian River County, Inc. Junior Learn to Sail Program $ 50,000.00 $ 2,813,019.00 132 Departmental Item Indian River County, Florida Community Services Department Board Memorandum Date: June 18, 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: Megan Kendrick, Human Services Manager Subject: Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 24/25 BACKGROUND On February 16, 2024, the County issued a Request for Proposals (RFP) inviting not-for-profit and for-profit organizations, government agencies, and individuals to apply for funding to support children's programs and services in Indian River County. This grant program is administered by Indian River County with assistance from the Children's Services Advisory Committee (CSAC), consistent with Ordinance Number 2022-007 and the County's Outside Agency Funding Policy Revisions approved by the Board on August 4, 2022. In response to the RFP, the County received 56 proposals requesting a total of $3,452,939.14 in funding. All 56 proposals can be found on The Children's Services Webpage. Over the past 10 months, staff have collaborated with the CSAC Main Committee, the Needs Assessment Subcommittee, and the Grants Subcommittee to refine the RFP process. The goal is to ensure the needs of the children and families in our community are being met, to provide agencies with professional development and coaching to develop strong RFPs, to establish clear measurable outcomes for agencies, to analyze and share impact reports with the public, and to increase transparency throughout the process. Below is a timeline of the work that has been done to improve the RFP process by enhancing accountability and impact. RFP Timeline: November - January • Staff collaborated with the Needs Assessment Committee to develop the comprehensive 2024- 2027 Needs Assessment Plan. January • Staff developed the RFP Scoring Rubric based on the needs identified in the Needs Assessment Plan. February • Staff offered an RFP walkthrough to all interested agencies. • Staff provided individualized RFP support to all interested agencies. • Staff provided professional development for budget planning and performance accountability 133 Departmental Item to all interested agencies. • RFP Application for FY 24/25 opened to all agencies. March • Staff provided professional development on research -based program design and evaluation. April - May • Application closed. • CSAC Grant Subcommittee reviewed and scored 56 program applications using the RFP Scoring Rubric. • Staff provided individualized presentation preparation to all interested agencies. May - June May 30, June 5, and June 6: CSAC Grant Subcommittee held grant presentations for all 56 programs. • June 7: CSAC Grant Subcommittee deliberated and voted on FY 24/25 CSAC Funding Recommendations. • June 14: CSAC Main Committee reviewed the recommendations and voted to approve the CSAC Grant Subcommittee Recommendations. Funding Recommendation Process: On April 9h, 2024, the Board of County Commissioners approved FY 24/25 funding for Children's Services in the amount of $3,149,351, with up to $207,522 for administrative expenses and up to $2,941,829 in Children's Program expenses. Staff organized programs into the three priorities identified in the Needs Assessment: Health and Well- being, Nurturing Families and Communities, and Success in School and Life. After the CSAC Grant Subcommittee reviewed, analyzed, scored, and heard presentations from the 56 programs, they used the scores from the RFP Scoring Rubric, supporting documentation, and information from the presentations to determine how much funding each program should be allocated. Once the allocation for each program had been decided, the CSAC Grant Subcommittee voted on the total funding recommendation for programs in each priority. The CSAC Grant Subcommittee approved full or partial requested funding for the following programs, per priority: Priority # of Appl. Programs # of Awarded Programs Award Health & Well -Being 10 7 $400,000 Nurturing Families and Communities 14 11 $449,950 Success in School & Life 32 29 $1,963,069 Total Awarded 56 47 $2,813,019 Total Funding Available $2,941,829 Total Funding Remaining $128,810 After allocating funding to 47 total programs, there was a remaining balance of $128,810, with a recommendation that it be used for future needs that serve children and families in FY 24/25. The CSAC Main Committee then approved the Grant Subcommittee's funding recommendation. 134 Departmental Item 135 Departmental Item FUNDING Funding was approved on April 9`h, 2024, by the Board of County Commissioners and no additional funds are requested. RECOMMENDATION Staff respectfully recommends that the Board of County Commissioners approve CSAC's funding recommendations for children's programs for FY 24/25 and authorize the County Administrator to execute the 47 program grant agreements after review and approval by the County Attorney for legal sufficiency. Should program funding become available through default, noncompliance, or early termination of an awarded grant program during the fiscal year, staff will bring an item to the Board for approval of an alternative program or service based on the needs of children and families in Indian River County. ATTACHMENTS CSAC Recommended Program Funding FY 24/25 Funding Recommendation Presentation Request for Proposal Grant Proposal Evaluation Rubric AGENDA ITEM FOR July 2, 2024 136 Re: FY2024-25 CSAC Contract Signing From Ian Welsch <ian@themotivationaledge.org> Date Tue 10/15/2024 8:38 AM To Megan Kendrick <mkendrick@indianriver.gov> Cc Robert Catapano <rcatapano@indiandver.gov>; Cindy Emerson <cemerson@indianriver.gov>; Ms. Maya Miller <mmiller@indiandver.gov>; Jessenia Francisco <jessenia@themotivationaledge.org> CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good morning, CSAC team: I hope this message finds you all well. I apologize for the short notice with this message. I would like to extend my deepest gratitude on behalf of The Motivational Edge for your recent award of $15,000. Your support and belief in our mission are invaluable, and we truly appreciate the opportunity to partner with you all. After careful consideration, however, our leadership team has come to the difficult conclusion that we must respectfully decline the award. Due to receiving less funding than we had initially applied for and coupled with the high turnover of staff in the region, we feel it is in the best interest of the program and its participants to pass on this funding opportunity at this time. Please know this decision was made with much deliberation and with great respect for the work you do. We would welcome the opportunity to collaborate with you in the future when circumstances are more aligned for us to fully execute the intended program. Thank you again for your generosity and support. We look forward to staying connected and exploring future opportunities to work together. With Appreciation, Ian Welsch Founder and CEO The Motivational Edge Miami Campus: 786.637.2143 Vero Campus: 772.999.3012 Cell: 786.269.9831 * This was sent from my phone so please excuse errors From: Megan Kendrick <mkendrick@indianriver.gov> Sent: Monday, October 14, 2024 1:08:29 PM Cc: Robert Catapano <rcatapano@indianrivecgov>; Cindy Emerson <cemerson@indianrivecgov>; Ms. Maya Miller <mmiller@indianriver.gov> Subject: FW: FY2024-25 CSAC Contract Signing Good Afternoon, We look forward to seeing you tomorrow from 9:00-11:00 AM or Wednesday from 2:00-4:00 PM for contract signing (see the email below or check your Outlook invite if you forgot your date). Don't forget to bring your laptops! The first part of the session will be informative, while the second part will ensure that everyone has access to the Children's Services new e-Clmpact System (previously we used United Way's system) and that all information is accurate and up to date. During the meeting, we will cover: Presentation/Demos: • Upcoming Professional Development and Support • Sharing Success Stories • Reimbursements • Quarterly Reporting Workshop: • Logging into e-Clmpact • Entering important agency contacts • Checking, updating, and confirming program outcomes 137 CONSENT AGENDA BCC Meeting 01-28-2025 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Community Services Department / Human Services Division Date: January 17, 2025 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: Megan Kendrick, Human Services Manager Subject: Children Services Advisory Committee - Annual Report, FY 2023-2024 BACKGROUND: The Children's Services Advisory Committee (CSAC) met on December 10, 2024, and approved the Annual Report for FY 2023-2024. The report provides an overview of the committee's work and the impact of CSAC-funded programs during the fiscal year. It includes the following: • Names of CSAC members, including those serving on the Grant Review and Needs Assessment Subcommittees. • A summary of CSAC's history, mission, and goals. • Highlights of the funds awarded and expended for children's services in Indian River County. • Detailed agency year-end reports that include: o Grant funds awarded and utilized. o The number of children and families served. o Program outcomes aligned with the goals outlined in grant applications. DESCRIPTION AND CONDITIONS: The FY 2023-2024 Annual Report underscores the critical role of CSAC in identifying and addressing the needs of children and families in Indian River County. This year, CSAC-funded programs achieved notable outcomes: 98.3% Utilization of Allocated Funds: Agencies demonstrated fiscal accountability, ensuring efficient use of the $2.5 million allocated. Over 20,000 Touchpoints: Programs provided vital services to children and families, including health, education, and behavioral support. Significant Program Impact: 0 88% of programs met or exceeded their performance outcomes. o Highlights include improved kindergarten readiness, enhanced parenting skills, and reduced risky behaviors among youth. 138 These accomplishments reflect CSAC's dedication to fostering a collaborative, data -driven approach to improving the well-being of children and families in the county. A copy of the full report is available for review in the County Commission office. FUNDING: There is no funding required for this item. RECOMMENDATION: Staff recommend the Board accept the Children Services Advisory Committee's Annual Report for FY 2023-2024, as submitted. ATTACHMENTS: Children's Services Advisory Committee's FY 2023-202424 Annual Report APPROVED AGENDA ITEM FOR JANUARY 28, 2025 139 W CONSENT AGENDA BCC Meeting 01-2&2025 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Division Date: January 17, 2025 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: Megan Kendrick Human Services Manager Subject: Children Services Advisory 2024-2025 Needs Assessment Update BACKGROUND: The Children's Services Advisory Committee (CSAC) met on December 10, 2024, and approved the 2024-2025 Needs Assessment Update. This update builds on the 2024-2027 Needs Assessment and highlights the evolving needs of children and families in Indian River County. It includes updated data, analysis, and reaffirmation of funding priorities to ensure continued alignment with the county's strategic goals. The Needs Assessment Subcommittee collaborated extensively to produce this update, following the timeline below: • August 2024: Staff met with the Needs Assessment Subcommittee Chair to develop a comprehensive timeline for the assessment process. • September 2024: o Subcommittee members reviewed their respective sections of the 2023-2024 Needs Assessment and gathered updated data where available. o Staff collected and organized the data provided by subcommittee members. • September 25, 2024: The subcommittee convened to review and analyze the collected data, identifying areas requiring additional information. • October 23, 2024: o Staff presented the updated Needs Assessment, incorporating new data and narratives. o Subcommittee members reviewed the revisions and suggested further updates. • November 2024: o November 8, 2024: The subcommittee met to review changes and updates, ensuring critical information was accurately reflected. o Staff finalized revisions and drafted the 2024-2025 Needs Assessment Update. • December 20, 2024: The subcommittee held a final meeting to review and approve the updated document. 140 This comprehensive process ensures the update remains a vital resource for identifying and addressing the needs of children and families in Indian River County. DESCRIPTION AND CONDITIONS: The 2024-2025 Needs Assessment Update represents a continuation of CSAC's commitment to identifying and addressing the needs of children and families in Indian River County. This process includes: • Comprehensive Evaluation: The Needs Assessment provides an updated evaluation of services, including asset mapping and analysis of unmet and under -met needs. • Community Engagement: Feedback from local stakeholders and community surveys informs the prioritization of services, ensuring the assessment reflects current challenges and opportunities. • Data -Driven Approach: The update integrates quantitative and qualitative data to guide decision-making, focusing on funding priorities that support health, family nurturing, and educational success. Key highlights of the 2024-2025 update include: 1. Enhanced Asset Mapping: Identifying existing programs, service gaps, and geographic areas with unmet needs. 2. Reaffirmed Funding Priorities: Emphasizing Health & Well -Being, Nurturing Families & Communities, and Success in School & Life. 3. Five -Year Strategic Framework: Aligning assessment findings with long-term planning to address systemic issues effectively. Through collaboration with the Needs Assessment Subcommittee, these updates provide a robust foundation for future program funding and resource allocation. A copy of the full report is available for review in the County Commission Office. FUNDING: There is no funding required for this item. RECOMMENDATION: Staff recommend the Board accept the Children's Services Advisory Committee's Needs Assessment 2024/2025 Update, as submitted. ATTACHMENTS: Children's Services Advisory Committee Guidebook (Revision 12.10.2024) APPROVED AGENDA ITEM FOR JANUARY 28, 2025 141 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Stephen R. Greer, Assistant Fire Chief of EMS Department of Emergency Services DATE: January 14, 2025 SUBJECT: Request from RG Ambulance Service, Inc. dba American Ambulance, for a renewal of their Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County. It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. On February 7, 2023, RG Ambulance Service, Inc. dba American Ambulance was granted a renewal Class `B" Certificate of Public Convenience and Necessity to provide non -emergency ambulance inter -facility transports originating within Indian River County. This certificate was necessary 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 9, 2025, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the 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 has been submitted by RG Ambulance Service, Inc. dba American Ambulance. Staff has reviewed the application, and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. 142 FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends that the Board approve and grant a renewal of a Class `B" COPCN to RG Ambulance Service, Inc. dba American Ambulance for a period of two (2) years (February 10, 2025 — February 9, 2027). .ATTACHMENTS: 1. Application for Certificate of Public Convenience and Necessity for East Coast Ambulance, LLC *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:00pm, Monday through Friday) at the Offices of Emergency Services.* 143 f +Ycr APPLI 1W— N FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSiff'P N) APPLICANT NAME: RG .Ambulance Service. Inc dba American Ambu1p10t�AlY DA'�i: 12'' #. APPLICATION FEE: $100.00 APPLIES TO IN11UL A044JICATIONS ONLY* � If payment applicable, make check payable to INDIAi� PJVEi%�` � 's __ .. 0. This is a new appiII000m; fee is attached., 7`hid:is a renewal of:QUrpresent COLON. I. 0 TWO is a renewal of Out present COPCM 111 oWrAiMW or classification changes. I, CLASSIFICATIOI�OF CERTIFICATEREQUESTEL Please check applicable boxes and options. I Clare A O _BLS _ALS i Governmental entities that use advanced life support vehicles to conduct a pre- tmphAl EMS ALS+BLS service. - Class B V VBLS ALS ., Agencies that provide non-emergency*mbulance inter -facility medical transport at the ALS/BLS level. Class C 0 _BLS GALS Agencies that provide non -emergency ambulance inter-faeilillyl medical transports which require special clinal capabilities and require a physidan s order. I Cis D 0 _BLS ALS i `s Agent that provide non -emergency ambulance medical transports limited to out ofmunty transfers. r i E I �I U*WADM AMSTANTS�Beth\Beth Cauw,W=oPCMCAPCN APKICA AppRenoolfAbix I I .... . .... 144. i f ........ .......... ........... _ .. i 1. OF.AtaEN+GY: RW'N ! Servft f fi Atr~AMbulance Service MAILING ADDRESS; 278SNWdW,9! QIP: CtN)E: 811SiW E M-4654.141 1. TYPE OFOWNERSHIP:(ia: P*W6, vernment. Volunteer, Partnership, Pdy�a: 3. ~GER'S NAtrAE'. : ADDRESS: 3:Ave, Pt .... FL UW . I PHONE #: 4. PROVIDE WW OF Q1A1l1W(* OR UST ALL OFF S PACERS, DIRECTOR%, AND SHAREHOLDERS, IF A PORAi a .... separate sheet if necessary)' q. _.. . NAME ADDRESS Am*G . .. -ZWNW 62nd St, . K 33141 :GEd Rom Cc Les 2706 NaW,tW: ft , FL 4? J. 5. PROVIDE NAMES AND ADDRESSES OF AT Li' LCA REFER ENCES .......... ........ ADDR Willie Bermudez 11380 SW Village Parkway Ste 1001, Polf St imbi F1.�if ; J... . fta Ho 1201 SE: Indian .. _ - . amfum I .. Jdhn Saweseft 989 SW rim J .St Ltia rr ft"34W I VIVE AMW A=6 M %ethrBeth casanoF.41100,111113114Ap** ion.d= 11 . 145 . I L � 1- { IV. ADDITIONAL INFORMATIM114WIRE0 TONSOU401" E WITH THIS APPLICATION: i t RENEWAL APPLICANTS NEED ONLY Vs 4........ -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. . i.: : 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, i 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, 'insuraince program, accounting system, system kir handling complaints, system isrhandling accidents and injuries, system for provio►ng_ the county monthly grating reports and any other pertinent dStb.y be considered. 4. Copy Of Slarfdatd-£?perating Procedures. . .5. Copy of Medical Protocols. i3.: Copy ofyour Irstaftce policy >•- show cbvws:.. 2. VWc* ftdWfr**W. For each vehlele provide the following: a. Make, Mods 14 Manufacturer .... b. Mileage - c. VIN # & Tag Number O, Passenger capaciiyFAI classifica*h) C Indicate ALS/BLS (A -D classification 8; P.r 4nf111%,�r: FOreach employeoproVW the following: .... r N --tit, First andMiddle. , .......... . q. b. Ddver's License # (dgommercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications � .: Emergency Medical Service Certification and # (EMT or Paramedic), i d. :Expiration date of Certification e. Whetheror not Im anErner 9. Fee Schedule incl: Service Type, Base Rate, Mileage, Waiting & Special Charges U AFIRE ADMIN ASSISTANTS18ethOeth Casano EOCICOPCMCOPCN APPLICATIONICOPCN A.Whcation.docx 4 , 14? i I V. NOTARIZED STATEMENTS I, Ray Gonzalez , the representative of Applicant Name FU Ambulance Service.Inc- dba Amwican Ambulance Service do hereby attest that — 1 Business Name of Service s the above named service will provide continuous service on a 24-hour, 714ky week basis. I do hereby attest that the above named service meets all": requirements for operation of an ambulance service in the State of Floridalf provided in Chapter 401, Part 111, Florida Statutes, Chapter 64E-2,#lorida I Administrative Code, and that I agree to comply with all the provisions of Chapter I 304, Life Support Services. G ALL APPLICANTS I further acknowledge that discrepancies discovered d the effective period of the Certificate of Public Convenience and Necess will subject this service and its authorized representatives to correct' e1action and penalty provided in the referenced autho4ty ant at tht�best of my knowledge, all statements on this appli tion are tr a correct: APPLICAN SIG TURE { Before me personally appeared the said Ray Gonzalez that he/sty executed the above instrument of his/her.ow n Free vA ash ac.cid, #til knowledge of the purpose . sworn, mWsubscrlitied M mypresence I of _ r i E { Jort� alio My COMMISSION N HH 212472 kJ' EXPIRES: January 8, 2426 .. {{ I .. i WFIFtE ADMIN ASSISTANTS1Beth\Beth Casano EOC\COPCN\COPCN APPLICATIONICOPCN Application.dou r .. D ft) (D a= 0o= ri o (D M • C7 ►` 0_0 < cn cD x cD (D 2 X m m F� om •D MoD .. Q - - C -0 m n� ��� co� m..n (D0 ocD CDG) .< m r0 �n•-nr o � v �o� cn,� o07� �m ..tea ) 3 °' m D :3w a n(D < c 0CD cno•< w a < CO nE o 3 c � E m 0x O o O CL CA cD 0 73 3 (p' � a) Z n (D cn =3:3 n (D m CL (0D C7 n (D` 0 ;o N v o (n -� Q n• W 11 (D Z D 00 �� D D D 0 (D v (D v (D z io o: -°' Ott 0 --+,.N= v �rn y o n r -I D C Q Cl)(7 O .. )tt 3 o Dcn <� CL 00-1 0 )tE� con (CD --D n )}E rn @ C D .• =r z t co s vf C-) mCr �No N• m M. m ) 3C7 o � c� m C7 .. 3 � z, (D v C: m �; v �� off cn = Nv ) (D C) 0 (n= N Q p' .. _ .. U) U't = O� =3 3 �p (D <" INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Stephen R. Greer, Assistant Fire Chief of EMS Department of Emergency Services DATE: January 14, 2025 SUBJECT: Request from RG Ambulance Service, Inc. dba All County Ambulance, for a renewal of their Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County. It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. DESCRIPTION: On February 7, 2023, RG Ambulance Service, Inc. dba All County Ambulance was granted a renewal Class `B" Certificate of Public Convenience and Necessity to provide non -emergency ambulance inter -facility transports originating within Indian River County. This certificate was necessary 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 9, 2025, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the 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 has been submitted by RG Ambulance Service, Inc. dba All County Ambulance. Staff has reviewed the application, and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. 150 FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends that the Board approve and grant a renewal of a Class `B" COPCN to RG Ambulance Service, Inc. dba All County Ambulance for a period of two (2) years (February 10, 2025 — February 9, 2027). ATTACHMENTS: 1. Application for Certificate of Public Convenience and Necessity for East Coast Ambulance, LLC *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:00pm, Monday through Friday) at the Offices of Emergency Services.* 151 APPLICANT NAME: RG Ambulance Service, Inc. dba All County Ambulance DATE12/52024 APPLICATION FEE: $100.00 APPLIESTO 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 I 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 S� V BLS VALS I. ._. Agencies that provide non-emergency ambulance inter-facility medical transport s at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non-emergency ambulance inter-facility medical transports t which require special clinical capabilities and require a physician's order. Class D ❑ BLS ALS I - - i Agencies that provide non-emergency ambulance medical transports limited to Out of county transfers. i WFIRE ADMIN ASSISTANTS\Beth\Beth Casano EOCICOPCN\COPCN APPLICATIONICOPCN Application. docx l .152 4 I1. COMPANY DETAILS 1. NAME OF AGENCY: RG Ambulance Service, Inc. dba All County Ambulance MAILING ADDRESS: 2766 NW 62nd St CITY Miami COUNTY Miami -Dade ZIP CODE: 33147 BUSINESS PHONE: 772-465-1111 �. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Private 3. MANAGER'S NAME: Jennie Petitgout ADDRESS: 3326 Orange Ave, Ft Pierce, FL 34947 PHONE #: 772-465-1111 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Kay l�onzalez ztatb Nvv ozna w, Miami, rL JJ -14/ utu t.j Rene Gonzalez 2766 NW 62nd St, Miami, FL 33147 CFO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL I REFERENCES i..... NAME ADDRESS PHONE# J: Willie Bermudez 11380 SW Village Parkway Ste 100, Port St Lucie, FL 34987 (772) 301-6500 David Hall 1201 SE Indian Street, Stuart, FL 34997 (772) 403-4500 _ ... 'I John Salvesen 989 SW McDevitt Ave, Port St Lucie, FL 34953 (772) 577-1755 WFIRE ADMIN ASSISTANTS\Beth\Beth Casano EOCICOPCMCOPCN APPLICATIOMCOPCN ApplicOon.docx 2. 153 6. FUNDING SOURCE: All funding is provided by owne 7. RATE SCHEDULE ATTACHED? YES ® NO ❑ N/A ❑ 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS: ' E 3326 Orange Ave, Ft Pierce, FL 349471.0 f Cleveland Clinic Indian River, 1000 37th St, Vero Beach, FL 32960. k t { 4 III. COMMUNICATIONS INFORMATION: t r TYPES OF RADIOS/EQUIPMENT: Mobile radios in vehicle/portables. All radio frequencies leased from Highland Wireless 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 462.175 463.500 463.7875 464.300c 464.825a WQML866 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: p FROM AMBULANCE Statewide Medical 8 Lawnwood Regional Medical Center FROM BASE STATION Ambulances and Base station 167.9 Statewide Medical 8 , Sebastian River Medical Center I 4 : U:IFIRE ADMIN ASSISTANTS1BethSeth Casano EOCICOPCNICOPCN APPLICATION COPCN Application.doa IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH NIS APPLICATION: RENEWAL APPLICAi`fS 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" 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 i WFIRE ADMIN ASSISTANT5\8ethOeth Casano EOC\COPCN\COPCN APPLICATION\COPCN App lication .docx 4 V. NOTARIZED STATEMENTS I, _Ray Gonzalez the representative of Applicant Name RG Ambulance Service. Inc. dba All County Ambulance do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. 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 III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of CFl"W 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessi _ III subject this service and its authorized representatives to corrective ac ion and penalty provided in the referenced authority 2r6d,lttat to the best of tt knowledge, all statements on this application are true and correct. APPLICANT SIGNA f, v DAT Before me personally appeared the said Ray Gonzalez f who says that he/she executed the above instrument of his/her own free will and accord, with full owledge of the purpose th f. worn and subscribed in my presence this N day of lce'k(, 2024. 4 My commission expires: -"�knl Z NOTARY PUBLIC JORGE CURBELO MY COMMISSION x HH 212472 EXPIRES: January 8, 2028 U 1FIRE ADMIN ASSISTANTS\Beth\Beth Casano EOCICOPCN\COPCN APPLICATION\COPCN Applicatron.dom 156 co -0 0'a Q O o Q cr =3DO o < C— cM=r l< ,� m to0Q CO O N 3 N D cn (n. < O (D (D C7 N O o K OD o M o 3_ (n o-0 n -n o n CD 30 3 Fn' v cn �. OM (D 0 (D Cmc CD v �On Q= vm 3= `°m y�9}o o N v nCD cCD ` `� CD � -2. -1 � m D .� D D- 6v-< E� ;a m (n cn v_ a � in :L a) -- CD m�0 mp 0� 03 cn C. (n (D D � m 1+ 0'N m K O< ij (D� D Oo � 0 (D k L). C O n _ (D (DCL c N CD CD CD C7 -+ :3cn n' (D CD C1n (n = Q (D - m X C7 O (D C7 C) CD 1U D' m C -� D -n _ nz a��� CL z �3 �, N_ D D Dv -a 0 o= CD W (Dv mD z O 0 : 0 0 O CD �g � � (Dz : • .n Z7 um o ^v (n W CD crn� Q30 �� CO rr 00 nn -Cf)0� �� nZ l< (n CD = v cn z E5 . .�o � m cD U) `� n o (D m (D D c- z � �tib�Y = z 07 o �' -0 v �. Z3N m d m CD -. ' o m0 o' w 3 < CD cn cn N p 0 N (n (n N O c O CD _ zr CD - • v 0 Q INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Aquatics Division Date: January 13, 2025 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 CONSENT AGENDA BCC Meeting 01-28-2025 From: Gustavo Vergara, Assistant Director - Parks, Recreation & Conservation Subject: North County Aquatic Center Source Phase H Well Replacement BACKGROUND: On November 5, 2024, the Board of County Commissioners `BOCC" approved up to $223,146 for exploratory and remedial work to be completed on the existing source well that provides water to the geothermal heating/chilling system at the North County Aquatic Center. On November 22, 2024, JLA Geosciences Inc. Hydrological Consultants "JLA", oversaw Centerline Drilling performed the needed video scope of the well to assess the current condition. The Staff Report from the Board meeting held on November 5, 2024, is attached for reference (Attachment 1). A technical memorandum of the findings is outlined in Attachment 2 and it concluded the following: • Existing supply well is damaged beyond repair and needs to be abandoned by a Florida certified water well driller. • Based on observations made during the supply well video it is recommended IRC perform a similar downhole well video investigation on the existing UFA return well to determine condition of casing. • Siting, permitting, design and construction of a replacement UFA supply well and return well if necessary, should begin immediately. A performance test of the well was also completed and because of the complete collapse of the casing of the well, the Gallons Per Minute "GPM" coming out of the well was measured at 195 GPM, which was 105 GPM short of the needed 300 GPM needed to effectively operate the heating/cooling system. The system was sucking so much sand and rocks that it had obstructed the pump impeller which assists the well in pumping the necessary GPM to the system. JLA submitted a proposal to oversee the capping/abandonment of the well for $14,772 (Attachment 3). Staff was able to apply to the St. John's River Water Management District's "SJRWMD" abandoned artesian well plugging program, where they will cap the well at no cost to the County. On December 11, 2024, Gary Foster, Senior Hydrologist with SJRWMD communicated that the work could be performed through their program this winter. On January 13, 2025, staff confirmed that the 158 well is on the list to be capped when they conduct work in Indian River County in late February — early March. DESCRIPTION AND CONDITIONS: Staff received a proposal from Centerline Drilling, referencing the Town of Jupiter Surficial Rehabilitation Program for replacement of the well, which includes all work needed to provide a clean source of water for the system. The proposal amount provided on January 7, 2025 (Attachment 4) is $164,920. Staff received a subsequent quote from JLA (Attachment 5) to provide the associated work to properly design, sit the well, oversee construction and provide reporting on the well for a cost of $38,405. The total cost of providing a Floridan well for the source of water to operate the geothermal heating/chilling system at the North County Aquatic Center is quoted at $203,325. This closed loop system requires that water drawn from the source must be returned to the aquafer unchanged. Per JLA's recommendation, Staff will work to budget for exploratory work into the return well next fiscal year. The quote provided does not include construction bond or additional unanticipated site related expenses associated with completing the project. It is recommended that a 10% contingency, in the amount of $20,333, also be allocated to expedite completion of the project. This brings the total authorization amount to $223,658. FUNDING: Funding, in the amount of $223,658 ($203,325 plus 10% contingency), will be funded in MSTU Fund/North County Aquatic Center/Other Improvements Except Building/North County Aquatic Well Rehab account, number 00410472-066390-25002 via budget amendment. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve issuance of a purchase orders for the construction of a new Floridan well to replace the irreparable source well of the geothermal heating/chilling system at the North County Aquatic Center of $203,325 to JLA Geosciences Inc. Hydrological Consultants and Centerline Drilling. Staff also recommends authorization for the Purchasing Manager to approve increases to the purchase order for the actual face costs associated with the permitting, public construction bond, and up to 10% in adjustments necessary to expedite the installation and completion of the project. ATTACHMENTS: Attachment 1 — Technical Memorandum from JLA Attachment 2 — Well abandonment proposal from JLA Attachment 3 — Proposal from Centerline Drilling Attachment 4 — Proposal from JLA APPROVED AGENDA ITEM FOR JANUARY 28, 2025 159 MSTU Fund/North County Aquatic Center/Other Improvements Except Building/North County Aquatic Well Rehab 00410472-066390-25002 $223,658 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve issuance of a purchase orders for the construction of a new Floridan well to replace the irreparable source well of the geothermal heating/chilling system at the North County Aquatic Center of $203,325 to JLA Geosciences Inc. Hydrological Consultants and Centerline Drilling. Staff also recommends authorization for the Purchasing Manager to approve increases to the purchase order for the actual face costs associated with the permitting, public construction bond, and up to 10% in adjustments necessary to expedite the installation and completion of the project. ATTACHMENTS: Attachment 1 — Technical Memorandum from JLA Attachment 2 — Well abandonment proposal from JLA Attachment 3 — Proposal from Centerline Drilling Attachment 4 — Proposal from JLA APPROVED AGENDA ITEM FOR JANUARY 28, 2025 159 ATTACHMENT 2 JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS 1907 Commerce Lane, Suite 104 Jupiter, Florida 33458 (561) 746-0228 fax (561) 746-0119 TECHNICAL MEMORANDUM To: Gustavo Vergara, CPRE Parks, Recreation & Conservation Operations and Programs Assistant Director 1590 9th St SW Vero Beach, FL 32962 From: Jon Friedrichs, P.G. JLA Geosciences, Inc. Re: Indian River County, Parks, Recreation & Conservation Department, North County Pool Heat Exchange System UFA Supply Well Sand Investigation, Exploratory Video, Testing, & Recommendations Date: November 27, 2024 SUMMARY This report documents the scope of work and services provided by JLA Geosciences Inc. (JLA) during the Investigation and testing of one (1) Upper Floridan Aquifer.(UFA) supply well for Indian River County, Parks, Recreation & Conservation Department (IRC). Preliminary pre -rehabilitation investigation work was performed by Centerline Drilling Inc, (Centerline) between 11/20/24 and 11/22/24 and included disconnecting the existing well pump and discharge line, modifying the wellhead to facilitate testing and performing a downhole investigative well video under dynamic flowing conditions. JLA provided onsite hydrogeologic support and direction to the Contractor (Centerline Drilling, Inc.) during the well video which included field observations of the well head conditions, well performance testing and field water quality testing. Based on the well video investigation JLA is providing the following recommendations: observations and recommendations from the well video investigation include: • Existing supply well is damaged beyond repair and needs to be abandoned by a Florida certified water well driller. • Based on observations made during the supply well video it is recommended IRC perform a similar downhole well video investigation on the existing UFA return well to determine condition of casing. jlageosciences.com 160 • Siting, permitting, design and construction of a replacement UFA supply well and return well if necessary should begin immediately. Several key observations from the 11/22/24 well video and well performance testing are summarized below (All depths are in feet below land surface (BLS)): • 6" Steel casing from 0 to 150 feet. o Visible sediment buildup and scale on the well casing throughout including whole shells visible in places. o Sand seen entering the well through visible holes in the casing at 21.85' and 44.21'. o Casing joints appear to be threaded when visible indicating a driven casing with no cement grout seal behind the casing. • 173.24'- Transition from a 6 -inch steel casing to 4 -inch Steel casing. 0 194.28' & 216.31'— Complete separation of the well casing with formation visible at all points between the two section of steel casing. 0 195.50' - Large hole in the side of the casing. 0 176.17' to 178.00 , 234.94' to 254.06, & 276.63' to 280.07' — Well casing is cracked. Formation visible through cracks. 0 251.91' to 253.11'— Well casing is cracked. Visible flow and sand seen entering the well from behind the casing and through the crack. 0 275.16' - Major hole in the well casing visible increase in flow and sand entering the well. 0 283.91' to 289.82' - Major hole in the well casing in this interval with approximately 1/4 of the casing missing. 0 322.82' — Base of 4 -inch steel casing. • Open hole section of the well from 322.82 to a total accessible depth of 346.69 feet. 0 324.00' - Start of the observed drill pipe that was left behind in the well extending down to total accessible depth of 346.69'. 0 332.61' - There is a large washout in the open hole. 0 337.80' —Visible second column of drill pipe or smaller diameter casing is also present. 0 340.85' - Large quantities of sand are coming out of a fracture in the open hole. 0 346.69' - Drill pipe in the well preventing the camera from reaching any deeper. • Well Site and Equipment Observations. o UFA Supply well location was not adjacent to the well pump pedestal. o UFA well location was approximately 100 -feet south of the well purnIp. o Supply well was continuously flowing to the ground and flooding the well site due to damaged well casing. o Well pump impeller was obstructed with large pieces of formation material. Geosciences, Inc. November 27, 2024 Page 3 of 7 Well Performance and Water Quality at approximately 195 gallons per minute (gpm): Photos during Well Video Survey: jlageosciences.com 162 North• Pool Heat Exchange System Date of Data Collection Specific Conductance (JLA) (US/cm) UFA Supply 11/22/24 3,765 Field Temperature (JLA) (°C) 26.5 TDS (JLA) (mg/L) 2,447 Q Salinity (JLA) (PPO 2.0 D Field DO (JLA) (mg/L) 2.0 Field pH (JLA) (S. U.) 7.2 W Turbidity (JLA) (NTU) 5.0 I- 3 Field Dissolved Iron (JLA) (mg/L) 0.2 Field Total Iron (JLA) (mg/L) 0.2 Field Hydrogen Sulfide (JLA) (mg/L) 2.0 Photos during Well Video Survey: jlageosciences.com 162 ILA Geosciences, Inc. November 27, 2024 Page 4 of 7 jlageosciences.com 163 TLA Geosciences, Inc. November 27, 2024 Page 5 of 7 jlageosciences.com 164 ATTACHMENT JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS 1907 Commerce Lane, Suite 104 Jupiter, Florida 33458 (561) 746-0228 fax (561) 746-0119 November 27, 2024, Via Electronic Mail Gustavo Vergara, CPRE Parks, Recreation & Conservation Operations and Programs Assistant Director 1590 Stn St SW Vero Beach, FL 32962 RE: Proposal for Indian River County, Parks, Recreation & Conservation Department, North County Pool Heat Exchange System UFA Supply Well Abandonment Dear Mr. Vergara: JLA Geosciences, Inc. (JLA) is pleased for the opportunity to assist Indian River County Parks, Recreation and Conservation Department (IRC) with hydrogeologic consulting services. The IRC North County Aquatic Complex (NCAC) operates a closed loop heat exchange system to regulate water temperature utilizing water from the Upper Floridan Aquifer (UFA). Recently the UFA supply well started producing substantial quantities of sand and has made the heat exchange system inoperable. A recent downhole investigatory video and testing scope identified multiple failures in the supply well casing and it was determined that the well could not be repaired. Additionally, after the well was shut in artesian flow to the ground was observed on the outside of the UFA supply well steel casing. The uncontrolled artesian flow through holes in the well casing to the ground surface needs to be addressed immediately by properly plugging and abandoning the NCAC UFA supply well. Outlined below are the specific tasks included in our proposed scope of work, along with the associated costs for your thorough review and consideration. Our dedicated team is committed to delivering outstanding results, ensuring the project maintains the highest standards of quality. 1.0 NCAC UFA Supply Well Abandonment — Well abandonment work will include mobilization, salt killing well, installation of tremie pipe to maximum allowable depth, pumping of neat cement grout from bottom of well up to land surface to properly abandon the well. A JLA hydrogeologist will coordinate with CLD on the well abandonment and will be present on- site to confirm tremie pipe depths, grouting procedures and quantities to ensure proper well abandonment. Following abandonment CLD will complete a well abandonment permit for submittal to St. Johns River Water Management District (SJRWMD). jlageosciences.com 165 JLA Geosciences, Inc. Proposal to Gustavo Vergara, CPRE November 27, 2024 Page 2 of 2 Outlined below are the specific tasks included in our proposed scope of work, along with the associated costs for your thorough review and consideration. TASK COST 1.0- UFA WELL ABANDONMENT $14,772.00 PROJECT TOTAL $14,772.00 This proposal has been carefully prepared using the information provided and our understanding of the project. If there are any additional details or specific requirements that we may have inadvertently overlooked, we would be more than happy to review any additional information provided. Our aim is to ensure that the scope of work and associated costs align with your expectations and project goals. Thank you once again for considering our services. We look forward to continuing our collaboration with you on this project. Sincerely, JLA Geosciences, Inc. Jon Friedrichs, P.G. Principal Hydrogeologist jlageosdences.com 166 I O F � N 16 Y N r w pM S S 0 0 " m 8 N 0 0 g E16S m y SO f J M E 5 e o � F 2 � e S K oe z o `o U e _ e B E _ = eo P o N xi. a h e Li a s n Y F P O 'a a N E Q L _ = 3 Q E o = h Z ATTACHMENT 4 Centerline Drilling, Inc. 1696 Old Okeechobee Rd., 0C West Palm Beach, Florida 33409 Water Well Contractor License #11132 Name / Address JI.A Geosciences, Inc. 1907 Commerce Lane, Suite 104 Jupiter, Florida 33458 Estimate Date Estimate # 12/11/2024 17-910 i Centerline Drilling, Inc. is not responsible for any damage to landscaping, sidewalks, driveways, or underground utilities. Also, there are no guarantees on the quality and or quantity of water and shall not release Owner/Customer from payment other than in accord with this Estimate. Centerline Drilling is not responsible for any electrical, water testing, Water Use Permit, excessive insurance, bond, prevailing wages, or anything not listed above. Manufactures warranty shall apply on all material & equipment, and 90 days on labor. Estimate is Valid for 10 Days. Signature and Acceptance 168 Project North County Aquatics Complex Item Description Qty Rate Total Town of Jupiter Surficial Wellfield Rehabilitation Program W2412 03 General Conditions 6% of Sub -Total Base Bid, Well Rehabilitation 1 8,835.00 8,835.00 Price (Items 5-47) 04 Mobilization/Demobilization 6% of Sub -Total Base Bid, Well 1 8,835.00 8,835.00 Rehabilitation Price (Items 5-47) 18 Drill nominal 19 -inch Diameter Borehole Using Reverse Air 40 125.00 5,000.00 Method (per foot) (0 to 40) 20 Furnish and Install 12 -inch Diameter Schedule 40 PVC Liner (per 40 100.00 4,000.00 foot) 13 Drill Nominal 12 -Inch Diameter Borehole Using Reverse Air 310 125.00 38,750.00 Method (per foot) (40 to 350) 20 Furnish and Install 12 -inch Diameter Schedule 40 PVC Liner (per 350 100.00 35,000.00 foot) 6" Certalok 13 Drill Nominal 12 -Inch Diameter Borehole Using Reverse Air 250 125.00 31,250.00 Method (per foot) (350 to 600 open hole) 21 Cement Grout (per 941b sack) (12" Surface Casing) 56 50.00 2,800.00 21 Cement Grout (per 941b sack) (6" Casing) 210 50.00 10,500.00 25 Pump Development (per hour) 60 200.00 12,000.00 26 Step Rate Test (per hour) 6 200.00 1,200.00 27 Well Disinfection (each) 5 1,200.00 6,000.00 32 Major Site Restoration (each) 1 750.00 750.00 Thank you for the opportunity to bid this job. Total $164,920.00 Phone # E-mail (561) 615-0988 CTRLINEDRILLING@AOL.COM Centerline Drilling, Inc. is not responsible for any damage to landscaping, sidewalks, driveways, or underground utilities. Also, there are no guarantees on the quality and or quantity of water and shall not release Owner/Customer from payment other than in accord with this Estimate. Centerline Drilling is not responsible for any electrical, water testing, Water Use Permit, excessive insurance, bond, prevailing wages, or anything not listed above. Manufactures warranty shall apply on all material & equipment, and 90 days on labor. Estimate is Valid for 10 Days. Signature and Acceptance 168 ATTACHMENT 5 JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS December 11, 2024, Gustavo Vergara, CPRE Parks, Recreation & Conservation Operations and Programs Assistant Director 1590 9th St SW Vero Beach, FL 32962 1907 Commerce Lane, Suite 104 Jupiter, Florida 33458 (561) 746-0228 fax (561) 746-0119 Via Electronic Mail RE: Proposal for Indian River County, Parks, Recreation & Conservation Department, North County Pool Heat Exchange System UFA Replacement Supply Well Siting, Design, and Construction Oversight Services Dear Mr. Vergara: JLA Geosciences, Inc. (JLA) is pleased for the opportunity to assist Indian River County Parks, Recreation and Conservation Department (IRC) with hydrogeologic consulting services. The IRC North County Aquatic Complex (NCAC) operates a closed loop heat exchange system to regulate water temperature utilizing water from the Upper Floridan Aquifer (UFA). Recently the UFA supply well started producing substantial quantities of sand and has made the heat exchange system inoperable. A recent downhole investigatory video and testing scope identified multiple failures in the supply well casing. It was determined that the well could not be repaired and needs to be immediately abandoned. A replacement UFA supply well is needed to restore operation of the heat exchange system. Outlined below are the specific tasks included in our proposed scope of work, along with the associated costs for your thorough review and consideration. Our dedicated team is committed to delivering outstanding results, ensuring the project maintains the highest standards of quality. 1.0 NCAC UFA Replacement Supply Well Siting and Design — Provide hydrogeologic services, for siting and well design of replacement UFA heat exchange system supply well at the IRC NCAC. Well siting will include desktop review of existing site plans to be provided by IRC to identify potential locations for a replacement UFA supply well and a replacement UFA return well if needed for future planning purposes. Following the desktop review and identification of potential locations, JLA will meet with IRC staff onsite to finalize the new well location(s). Replacement well siting will take into account site access, pipeline re- routing and site constructability by a State of Florida certified water well drilling contractor. jlageosciences.com 169 JLA Geosciences, Inc. Proposal to Gustavo Vergara, CPRE December 11, 2024 Page 2 of 3 • JLA will develop a well construction sequence and design criteria for one (1) replacement UFA supply well to generate pricing. Design and pricing will be based off of the Town of Jupiter (TOJ) Well Rehabilitation and Maintenance contract that has been Piggybacked by IRC to complete this work. 2.0 Construction Phase Services — Provide hydrogeologic observation services, hydrogeologic direction and well design/construction implementation during construction of one (1) replacement UFA heat exchange system supply well at the IRC NCAC. • A JLA hydrogeologist will be present at the well site during critical phases of well construction including: pilot hole drilling, geophysical logging, casing installation and cement grouting, completion interval drilling, flow and water quality testing, well development, and pump testing. JLA will observe and log drilling and collect lithologic samples during drilling. • JLA will provide recommendations for the constructed depths of bore holes and casing, and will direct step drawdown testing, perform water level measurements and well specific capacity analysis. This task will include providing the client with typed geologist's lithologic logs, water quality field data summaries, and copies of the geophysical logs. The proposed budget is based on a 60 -day construction schedule for the contractor to complete drilling development and testing of the well. The estimate of labor hours is based on the attached summary. • JLA will prepare a well tech memo report to be submitted electronically summarizing construction and testing of the UFA supply well including figures, data tables, geophysical logs, pump test data, field water quality data, lithologic logs, geologic interpretations and recommendations. Outlined below are the specific tasks included in our proposed scope of work, along with the associated costs for your thorough review and consideration. TASK COST 1.0- UFA WELL SITING AND DESIGN $8,830.00 2.0- UFA WELL CONSTRUCTION OVERSIGHT AND REPORTING $29,575.00 PROJECT TOTAL $38,405.00 Schedule JLA understands the importance of expediting this evaluation. As such, following authorization, JLA will begin immediately with the well siting and design to facilitate the start of well construction. Task 1 well siting and design will be provided within 30 days of authorization. Task 2 well construction schedule will depend on Contractors crew and equipment availability. jlageosciences.com 170 JLA Geosciences, Inc. Proposal to Gustavo Vergara, CPRE December 11, 2024 Page 3 of 3 Assumptions • Existing Town of Jupiter Wellfield Rehabilitation and Maintenance contract with Centerline Drilling will be piggybacked by the IRC to perform the proposed well construction work. • JLA will provide up to 140 hours of onsite hydrogeological services for the new replacement well assuming a 60 -day construction schedule to fully complete drilling, testing, development and construction. • Permitting costs if required are not included in this scope of work. • Certifications by a State of Florida Professional Engineer if required are not included in this scope of work. This proposal has been carefully prepared using the information provided and our understanding of the project. If there are any additional details or specific requirements that we may have inadvertently overlooked, we would be more than happy to review any additional information provided. Our aim is to ensure that the scope of work and associated costs align with your expectations and project goals. Thank you once again for considering our services. We look forward to continuing our collaboration with you on this project. Sincerely, JLA Geosciences, Inc. Jon Friedrichs, P.G. Principal Hydrogeologist li J j 5, - jj #�■ k! \ � \ ■ ■ : m & f # k # 7! : ::§. f } {;_ k, !!_ : ��- k/ f :;\. k{ ®& } { {\i /, � - � ! { ! ! / ! t /$[ ;lf: Z. !, /(\ƒ{°\\) INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Maintenance Division Date: January 7, 2025 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: Scott Knauer, Facilities Supervisor Subject: Treasure Coast Food Bank License Agreement CONT!T BCC M BACKGROUND: The Treasure Coast Food Bank is a non-profit organization based in Fort Pierce, Florida, dedicated to alleviating hunger in the Treasure Coast region, which includes Indian River, Martin, St. Lucie, and Okeechobee counties. Established in 1989, the food bank provides food assistance to individuals and families in need, working with a network of partner agencies, including pantries, shelters, and soup kitchens. Their services include food distribution, mobile pantries, and various programs aimed at addressing food insecurity among different demographics, such as children, seniors, and veterans. They also offer nutritional education and support for healthy eating habits. DESCRIPTION AND CONDITIONS: The Treasure Coast Food Bank requested the use of the Indian River County Fairgrounds, front parking lot area, for its upcoming 2025 mobile food distribution drive-thru events on the following dates: January 30, February 18th, March 26th, April 23rd, May 21st, June 25th, July 23rd, August 27th, September 24th, October 22nd, November 7th, December 24th, from lam until l lam each day. These events are essential in providing vital food assistance to local families, particularly during these challenging times. The Fairground's central location and ample space make it an ideal site for safely and efficiently serving the community. These dates do not interfere with any scheduled events at the Fairgrounds and will utilize the vacant parking area. Per the attached License Agreement, the Treasure Coast Food Bank will provide all necessary permits and liability insurance. The Treasure Coast Food Bank requested that the acreage fees be waived for this use. FUNDING: No funding is required for the subject task. RECOMMENDATION: Staff respectfully request that the Board of County Commissioners approve the fee waiver request, which waives the $135 daily non-profit acreage fee for the requested dates, by the Treasure Coast Food Bank at the Indian River County Fairgrounds and authorize the Parks, Recreation and Conservation Director to execute the License Agreement after review and approval for legal sufficiency by the County Attorney. 173 ATTACHMENTS: Indian River County Fairgrounds License Agreement, dated January 7, 2025 — Treasure Coast Food Bank January 7, 2025 — Treasure Coast Food Bank Letter APPROVED AGENDA ITEM FOR JANUARY 28, 2025 174 INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: January 7, 2025 Organization: Treasure Coast Food Bank Address: 401 Angle Road City/State/Zip Code: Fort Pierce, FL 34947 Name of Event: Mobile Food Distribution -Drive thru Load -In Date/Time: lam - 8am on each date Event Dates: January 30, February 18th, March 26th, April 23rd, May 21st, June 25th, July 23rd, August 27th, September 24th, October 22nd, November 7th, December 24th Contact Name: Antonio Dimovski Phone: 772489-3034 E -Mail: adimoviski@tcfoodbank.org Expected Attendance: 200 cars each date Load -Out Date/Time: loam — Ham on each date WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and WHEREAS, the County has the authority to issue and/or execute, and Treasure Coast Food Bank / Antonio Dimovski (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: A. PARK, PREMISES & EVENT SCHEDULE: Fairgrounds License Agreement Page 1 of 11 Initials 175 1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds which Applicant may apply for a permit, license, or use hereunder are more particularly described as I. Facilities (See Exhibit A) a. 0 Acreage 0 0-5 12 days ❑ 6-10 ❑ 11-40 ❑ 41+ b. ❑ Expo Center — c. ❑ Expo Open Air Pavilion d. ❑ Agricultural Pavilion e. ❑ Entertainment Building f. ❑ Cook Shed g. ❑ RV Hook-up II. ❑ Amenities ❑ Large Bleachers ❑ Small Bleachers ❑ Small Stage ❑ Stage Risers # (1-6) ❑ Trans -Stage ❑ without canopy ❑ with canopy ❑ 10X20 Tent # ❑ Light Towers ❑ Picnic Tables ❑ Hoses/Sprinklers ❑ Serving Carts ❑ Tables (30"X96") w/chairs # ❑ Marquee # weeks ❑ Internet Access ❑ Golf Carts # ❑ Expo Pavilion Curtains ❑ Fire Extinguishers # ❑ Midway Electric ❑ Chairs only # (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel ❑ Parks Division Staff IV. Permits 0 Fairgrounds Use Permit ❑ Alcohol Permit Fairgrounds License Agreement Page 2 of 11 Initials 176 2. Applicant may use and have access to the Premises for a period, commencing at lam, and ending at I lam on the following dates: January 30, February 18th, March 26th, April 23rd, May 21st, June 25th, July 23rd, August 27th, September 24th, October 22nd, November 7th, December 24th ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the Fairgrounds Fee Schedule attached as Exhibit B ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the Treasure Coast Food Bank Mobile Food Distribution -Drive Thru (the "Event"), where the Treasure Coast Food Bank will deliver nutritious food directly to residents needing assistance in Indian River County. (a) The Event may include the following activities: Mobile food distribution by the Treasure Coast Food Bank utilizing Food Bank employees and volunteers. (b) The hours of the Event shall be: January 30, February 18th, March 26th, April 23rd, May 21st, June 25th, July 23rd, August 27th, September 24th, October 22nd, November 7th, December 24th. The hours for the food distribution will be from Sam -loam on each date. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by the Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such a change may result in a modification of the insurance requirements set forth in B. 17. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $0.00 (including 3.0% sales tax), plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental fee, $0.00 ("Event Deposit") is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (30) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. Lb. (b) A Damage Deposit of $0.00 shall be submitted no later than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the Fairgrounds that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Fairgrounds License Agreement Page 3 of 11 Initials 177 Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. 3. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non -county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 5. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 6. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 7. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 9. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. Fairgrounds License Agreement Page 4 of 11 Initials 178 10. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. Fairgrounds License Agreement Page S of 11 Initials 179 11. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 12. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 13. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: -Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule 1 Limits i Commercial General Liability — No more restrictive than € $1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, Single Limit personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit anon -owned) In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Fairgrounds License Agreement Page 6 of 11 Initials 180 Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Florida Statutory Coverage Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit 1$100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: ;Professional Liability (Errors and Omissions) 1$1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: _7 Sexual Molestation Liability $1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: Liquor Liability 1$1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. Fairgrounds License Agreement Page 7 of 11 Initials 181 (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 14. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less Fairgrounds License Agreement Page 8 of 11 Initials 182 than 30 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. 15. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 16. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.2. (a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section B.4.(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 17. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. 19. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. Fairgrounds License Agreement Page 9 of 11 Initials 183 20. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 21. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 22. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 23. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 24. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 27. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Beth Powell, Director Indian River County Parks, Recreation and Conservation 5500 77th Street Fairgrounds License Agreement Page 10 of 11 Initials 184 Vero Beach, FL 32967 Email: bpowellAindianriver.gov Applicant: Treasure Coast Food Bank Antonio Dimovski 401 Angle Road Fort Pierce, FL 34947 Email: adimovski@tcfoodbank.org 28. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 29. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 30. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. 31. Animals will not be permitted onto the Fairgrounds property during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog shoWs/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this _ day of APPLICANT: Antonio Dimovski, Manager 110 11 /110 9 ILi/ D1 ZK11WO 1119 an Beth Powell, Director Fairgrounds License Agreement Page 11 of 11 Initials 185 EXHIBIT B - Fairgrounds License Agreement Fees - Standard Treasure Coast Food Bank - NON PROFIT January 30, February 18, March 26, April 23, May 21, June 25, July 23, August 27, September 24, October 22, November 7, December 24 Acreage Days Total 0-5 Acres $ 135.00 X 12 =$ 1,620.00 6-10 Acres $ 150.00 X =$ - 11-40 Acres $ 450.00 X =$ - 41+ Acres $ 675.00 X = $ - Facility Hourly Rates Fleetwood Expo Center Facility Daily Rates Expo Open Air Pavilion Agricultural Pavilion Entertainment Bldg. Concession Bldg. Ammenities per Event Small Stage Tables Chairs Hoses/Sprinklers Light Carts Internet Access Tent 10x20 Stage Risers Ammenities per day Small Bleachers (1st Day) Small Bleachers Addl. Days Large Bleachers (1st Day) Large Bleachers Addl. Days Large Stage (1st Day) Large Stage Addl. Days Fire Extinguisher Golf Carts Electric Ammenities per week Marquee (1 st Week) Marquee Addl. Weeks Marquee Per Day FACILITY EXCLUSION Hours $112.50 x = $ Days $412.50 x = $ $337.50 x =$ $75.00 x =$ $75.00 x = $ QTY $90.00 x x $25.00 x x $400.00 x x $100.00 x x $700.00 x x $200.00 x x $10.00 x x $100.00 x x $100.00 x x Per Day $100.00 x x = $ $50.00 x x = $ $20.00 x x = $ Days Total $250.00 x = $ - 186 QTY $75.00 x = $ $10.00 x = $ $0.50 x = $ $20.00 x = $ $125.00 x = $ $100.00 x = $ $200.00 x = $ $25.00 x = $ QTY $90.00 x x $25.00 x x $400.00 x x $100.00 x x $700.00 x x $200.00 x x $10.00 x x $100.00 x x $100.00 x x Per Day $100.00 x x = $ $50.00 x x = $ $20.00 x x = $ Days Total $250.00 x = $ - 186 EXHIBIT B - Fairgrounds License Agreement Fees - Standard ALCOHOL PERMIT FEE $400.00 x = $ - SUBTOTAL: = $ 1,620.00 3.0% TAX: = DAMAGE DEPOSIT: = *TOTAL: = $ 1,620.00 Subtotal + Tax: $ 1,620.00 25% DEPOSIT: = $ 405.00 PAYMENTS Check No. Date Amount Balance Due: $ 1,620.00 POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x x = TAX: _ $ - STAFF TOTAL: = $ - Date Quote Updated: January 7, 2025 Quote Provided By: SK ***Quotes are good for 15 days. No dates are held without a 25% deposit.*** *Fee waived with BCC Approval 187 TREASURE COAST FOOD BANK JAN 7TH, 2025 Dear Scott, To: Scott Knauer Facilities Supervisor Fairgrounds/Campgrounds FEEDING' Special Events AMER CA Indian River County Parks, Recreation and Conservation We are more than happy to have you as our partners and together serve the Indian River community. We together have made a tremendous contribution and difference in peoples lives, and we are looking forward to continuing our partnership in the new fiscal year of 2025.1 have attached the dates for each month of the year for you to review and approve so we can complete the Mobile Pantry calendar. Please review and let me know if you have any questions or concerns. These are the dates for next fiscal year 2025: Thursday January 30th, Tuesday February 18th, Wednesday March 26th, Wednesday April 23rd, Wednesday May 21st, Wednesday June 25th, Wednesday July 23rd, Wednesday August 27th, Wednesday September 24th, Wednesday October 22nd, Friday November 7th, Wednesday December 24th. All distribution sites are a free of charge agreements with the Treasure Coast Food Bank in collaboration to serve and help the community together. Some of our regular Mobile Pantry Sites are: Martin County Fairgrounds, Okeechobee Agri -Civic Center, Treasure Coast Mall, Vero Beach Outlet Mall, Local High Schools and many more great partners that help us in our mission. Thank you and we are looking forward to hearing from you. Best Regards, Antonio Dimovski INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Aquatics Division Date: January 16, 2025 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Gustavo Vergara, Assistant Director of Operations and Programs Subject: Request Waiver of Bid Requirement and issue Purchase Order to Perfect Settings, Inc. for Gifford Aquatic Center Water Slide BACKGROUND: The slide at the Gifford Aquatic Center was installed in 2008. On March 22, 2024, an inspection of the slide revealed that it was no longer safe for public use. The slide was removed on September 20, 2024, and RFP # 2024054 was publicly advertised to replace the slide. Only one response was received with a proposed price of over $1.6M and exceeded the budget allocated for this project ($400,000). The proposed project would have also required major renovations to accommodate for its size and required water volume. With the proposal having a budget beyond the allocated funding and the expected costs of the other required renovations the proposal was rejected by the Board on September 10, 2024. DESCRIPTION AND CONDITIONS: With the original RFP being rejected, staff reached out to multiple waterslide vendors to obtain quotes for a product that would fit the allocated budget and existing infrastructure. Three quotes were received from Summit USA, Perfect Settings, Inc., and WillyGoat, LLC. The lowest quote received from WillyGoat LLC did not conform with the design, accessibility, and functionality that staff and the community were looking for. The second lowest and responsive quote was received from Perfect Settings, Inc. (Quote 3782) dated January 16, 2025 in the amount of $197,600. This quote includes the design, accessibility and functionality that was desired by staff and the community. Staff reached out to municipal references that have also installed slides from Perfect Settings and the feedback was positive. The closest municipal slide that was installed by Perfect Settings is at the Palm Bay Aquatic Center in the City of Palm Bay. An additional 10% contingency, in the amount of $19,760, bringing the authorized total up to $217,360, is also requested to be authorized for any unforeseen adjustments needed to meet criteria for obtaining permitting and completion of the project. 190 FUNDING: Funding, in the amount Tax/Parks/Gifford Aquatic 066510-24026. of $217,360, is budgeted and available in the Optional Sales Center East & West Slide Replacement account, number 31521072 - Account Description Account Number Amount Gifford Aquatic Center East & West Slide Replacement 31521072-066510-24026 $217,360 RECOMMENDATION: Staff recommends that the Indian River County Board of County Commissioners waive the bid requirements and approve the issuance of a Purchase Order to Perfect Settings, LLC for the replacement of the Gifford Aquatic Center Waterslide (Quote 3782) in the amount of $197,600. Staff also recommends authorization for the Purchasing Manager to approve increases to the purchase order for the actual face costs associated with the permitting, public construction bond, and up to 10%, or $19,760, in adjustments necessary to expedite the installation and completion of the project. ATTACHMENTS: Quote 3782 Perfect Settings Inc. Perfect Settings Slide OS542 APPROVED AGENDA ITEM FOR JANUARY 28, 2025 191 ADDRESS SHIP TO QUOTE # 3782 Gifford Aquatic Center Gifford Aquatic Center DATE 01/16/2025 i f 4895 43RD AVE. 4895 43RD AVE. Vero Beach, FL 32958 Vero Beach, FL 32958 i E Water Slide:MC:OS-542 Double Flume -Open Staircase Waterslide Model 542 Water Slide: Installation Installation of Water Slide Model 542 SRV:Engineering Sealed Engineering S/H:Shipping Shipping Concrete pad, electrical bonding, and waterline work to be performed by others per final approved engineering specifications Perfect Settings Inc. Is not responsible for obtaining permits, bonding, licensing or payment of fees associated with meeting required local or state regulations in your area. (If Applicable) 1 Please Note, unless previously discussed or otherwise notified; prices quoted DO NOT include engineering, permitting, licensing waste disposal, bonding, or site modification. Any fees not collected upfront but are later deemed necessary such as sales tax will be added to your balance and will be reflected on your invoice. The buyer agrees to abide by the set payment schedule. Additionally, there is a 20% fee billed to the buyer on all orders canceled after the order has started to be processed. SUBTOTAL TAX TOTAL 136,600.00 43,800.00 10,000.00 7,200.00 The Buyer has read and understands the above -listed terms and conditions and by accepting this quote, Perfect Settings Inc. - 1100 W 10th St Ste B Columbia TN 38401 - 931-982-0240 136,600.00T ? 43,800.00T 10,000.00T 7,200.00T f -------- --'_------- F 197,600.00 0.00 $19700.00 192 agrees to all terms and conditions set forth by Perfect Settings Inc. and acknowledges that this quote also serves as a binding contract upon receipt of approval. Accepted By Accepted Date Perfect Settings Inc. - 1100 W 10th St Ste B Columbia TN 38401 - 931-982-0240 193 uwO-85UMOVtOOPOdvss�s� uwa•96upws•t**j&9d j w 0►ZO ZBB-►EB Z v _ N `o_ -- wn9sff4WM00 L oyoiE''o� v3 E o 3n's6u44a y°fm z 0-4cyw 0 z LU w r � �� • u i i i I • T � a s � � � � n•uunnuwunuu n•n•unuwuwmu .n!n wuniwuwunr i i�Nuinnu•unnu n u unuunnm n n uvunnnw �: --ter!^ •moi.., is �.nv • it _ y w uwa.5UW0S *0AA*d'mmm uwa•s0uM9*4*e1+*d@oLm1 0►501980•LC0 most NJ. Ielgwe" B cif if 410E JAOOLL v N �j - o v Z c y c d c c v c O m> E° co n OF 'o�E s6 N a q�a_ c Ln 3 Z Qi "a - LU LU _-� It n .a 91 tn V C " 0 o 0 O)w N O M O c 'a Z V1 4 -JJ W � _ /\ aLn L v i i 1 l f 0 V/ .b/£ 6.9T O .Z/T 6 .ZT worSGUIUO -tagaad•MMM woom8uples-3omped~1 OYEML86•LC6 1 LOVOC N.L*M-nP0 ■uil7f4W&M00►&o m '0Z - N O H G a v _ N c C q q c n - m > ESEAMC O y q s6uP49S 4z)aJaad v Y H 0 Z L im C CLn °o' LL 2 2 - c a a CL N ac CL 0 = (n m E c E o Z E Im BE a� am. w ¢ m c a E C ¢ Im L E U) H ayi a "v o n m -W ja� V A U'L M H V% c4-0 C:c E 4-1 U -p z �+ p O w a r 0 d U I d N y W H LL. d L i.1 V 7 i+ O N °u cm N a � u y C: v ` v a d L i i to t c m 2 E O ° Cl. a y Cl. C O 0 o= >3 y = X w � yj " mn C > c w w E im = he m E av m u L � d Q L a v y c E IV S w ~ d o� c li o 2 7 m a C U v _> LL c O �w � L � � T c d O H M w•a'sBu l33.5•ia•ia •d •MMM WOO'soul33Os•looped@Ojul O6Z0•Z86•Lf6 LO68C Nl'slgwnlooE B e35 '35 430 L MOO L L Offawsn y LA N(n f/f N Z O c o oE ha o d a_ �, m o m a A _ n W C N T yA ;gom �� a c E C N Ra 'o y L � 0 U � T CL to C D1 'L L aM U u c a fp :3 V M .. a' C O 0 Z 4J � 0 „ ) z 0 OL t7 t 7 Z LU -41 C U�'C N o °gid ..� Q) (4 a JO L N JU c W . O L CL a c �r k* o�c 3 4 W .. a> N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John Titkanich, Jr., County Administrator Prepared By: Brian Freeman, AICP; MPO Staff Director Date: January 13, 2025 Subject: Resolution of Support for Closing the Old Dixie Highway Railroad Crossing It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of January 28, 2025. DESCRIPTION, CONDITIONS, AND ANALYSIS On behalf of Indian River County, the Florida Department of Transportation (FDOT) is undertaking a Project Development and Environmental (PD&E) Study to widen CR 510 to four lanes from 58" Avenue to east of US 1. This section of CR 510 also includes a Florida East Coast (FEC) railroad crossing. A separate project will widen CR 510 to four lanes from CR 512 to 58th Avenue. Construction of the first phase of that project (CR 512 to 87th Street) is scheduled to begin by summer 2025. It is FEC policy to require the closing of an existing railroad crossing in exchange for adding lanes at another crossing. FDOT has proposed closing the Old Dixie Highway crossing as compensation for the widening of CR 510 at the FEC crossing. The Old Dixie Highway crossing is located south of Woodmere Road in Sebastian. In the vicinity of the FEC crossing, Old Dixie Highway is a narrow road (approximately 10-12 feet in width) with two-way traffic on limited right-of-way. MPO staff has coordinated with the Sheriff's Office and the Emergency Services Department, and both agencies support closing the Old Dixie Highway railroad crossing because of the narrow condition of the road. At its August 15, 2023 meeting, the Board considered the proposed closing of the Old Dixie Highway crossing and provided its conceptual approval (excerpt from meeting minutes are provided as Attachment #2). At this time, FDOT is requesting a formal resolution of support (see Attachment #1), which will be included with the application to permanently close the railroad crossing in exchange for the CR 510 improvements. C:\Granicus\Legistar5\L5\Temp\d06864d7-fc62-440b-8b23-196f8d8613ed.docx 200 FUNDING At this time, no funding is necessary for this item. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Resolution of Support for Closing the Old Dixie Highway railroad crossing as compensation for the CR 510 improvements. ATTACHMENTS 1. Resolution 2. Excerpt from minutes of August 15, 2023 BCC meeting 3. Location map C:\Granicus\Legistar5\L5\Temp\d06864d7-fc62-440b-8b23-196f8d8613ed.docx 201 RESOLUTION NO. 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY SUPPORTING THE CLOSING OF THE OLD DIXIE HIGHWAY RAILROAD CROSSING AS PART OF THE COUNTY ROAD 510 IMPROVEMENTS BY THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, on behalf of Indian River County, the Florida Department of Transportation (FDOT) is undertaking a Project Development & Environmental (PD&E) Study to widen County Road 510; and WHEREAS, the project limits for the PD&E Study are from 58th Avenue to east of US Highway 1 and include a crossing at the Florida East Coast (FEC) Railroad; and WHEREAS, the improvement project will widen CR 510 from two lanes to four lanes along with the construction of buffered bike lanes and sidewalks; and WHEREAS, the widening of CR 510 is a priority project of the Indian River County Metropolitan Planning Organization (MPO); and WHEREAS, it is the policy of the FEC Railroad to require the closing of an existing railroad crossing in exchange for adding lanes at another crossing; and WHEREAS, Old Dixie Highway crosses the FEC Railroad south of Woodmere Road and north of US Highway 1; and WHEREAS, Old Dixie Highway, in the vicinity of the FEC crossing, is a narrow road (approximately 10-12 feet in width) with two-way traffic and limited right-of-way; and WHEREAS, FDOT proposes that the Old Dixie Highway crossing be permanently closed as compensation for the CR 510 widening improvements at the FEC Railroad. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Chairman of the Board is hereby authorized to sign and submit to the State of Florida, Department of Transportation, a Resolution of Support for the closing of the Old Dixie Highway railroad crossing. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams C:\Granicus\Legistar5\L5\Temp\Oe6562f4-9f83-49d8-802c-2bd768acd93c.docx Page I of 2 202 RESOLUTION NO. 2025 - Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 28th day of January, 2025. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Jennifer W Shuler, County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph E. Flescher, Chairman C:\Granicus\Legistar5\L5\Temp\Oe6562f4-9f83-49d8-802c-2bd768acd93c.doex Page 2 of 2 203 Board of County Commissioners Meeting Minutes - Final August 15, 2023 12.G.1. 23-0581 CR -510 FDOT Widening Concept - Possible Closure of Existing Old Dixie Railway Crossing Recommended Action: Staff is requesting direction from the Board on the possibility of closing the FEC railway crossing on Old Dixie Highway to accommodate the widening project for CR -510 Attachments: Staff Report Old Dixie FEC Railway Crossing Map Old Dixie FEC Railway Crossing Sebastian CR 510 Altemative 3 Public Works Director Richard Szpyrka appeared before the Board to discuss a Project Development and Environmental (PD&E) study the Florida Department of Transportation (FDOT) was conducting as part of the plan to widen CR -510 to four lanes from 58th Avenue to east of US -1. At issue was the Florida East Coast (FEC) railroad crossing at CR -510 and US -1 and FEC's policy that when lanes are added to a crossing, those lanes must be compensated for by closing another crossing in the general area. The FDOT suggested closing a nearby crossing where the FEC railroad crossed Old Dixie Highway in order to compensate for the CR -510 widening, as shown in presented photographs. Mr. Szpyrka showed that Old Dixie Highway south of the railway crossing was narrow and in disrepair. Staff sought direction from the Board on the possibility of closing this railway crossing. Commissioner Loar was informed by Mr. Szpyrka that the County could give up their rights to FEC and the FEC would close the crossing; similar compensations had been made previously. In response to Commissioner Flescher, Mr. Szpyrka suggested the closure would benefit area development because the County gained an expanded intersection at CR -510 and US -1 in exchange for closing the south segment of Old Dixie Highway, which was unsuitable for heavy traffic. He mentioned unresolved negotiations with the Spirit of Sebastian Development, which wanted full access to that stretch of Old Dixie Highway, and the County which maintained safety concerns. Mr. Szpyrka also noted there were limited crossings available to satisfy the FEC's rule, and closing this low volume road segment would impact the County the least. Commissioner Moss was informed this stretch of Old Dixie Highway was not on the County's CIE list for widening. County Administrator Titkanich discussed the details of road closure procedures with Mr. Szpyrka. Karen Mechling, representing the developers of the Spirit of Sebastian, stated the Indian River County Florida Page 31 204 Board of County Commissioners Meeting Minutes - Final August 15, 2023 developer would like to be part of the process in deciding the future of Old Dixie Highway moving forward. Brian Benton, Sebastian Interim City Manager, supported the closure and sought to ensure the City was kept in the loop regarding future development. Joseph Paladin, President, Black Swan Consulting, expressed support for the County's recommendation. A motion was made by Commissioner Loar, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner Loar, and Commissioner Moss H. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman Note: Item 14.B. was moved to be heard as Item 9.D. C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. A. Emergency Services District B. Solid Waste Disposal District A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve the Solid Waste Disposal District Meeting Minutes of June 6, 2023, and June 20, 2023 as written. The motion carried by the following vote: Indian River County Florida Page 32 205 SABAL WAY 2' SPIRIT BLVD O m 2 z J Li = Q City of Sebastian N O m N FISCHER CIR J of W U CJ W W 2 = U U U W L &FISCHER CIR e�0 �9y P� C� \L ?- JP O m e `` g11O9i S MIRROR LAKE DR O C� SCHUMANN DR 5,00 LOCATION MAP: L. RAILROAD CROSSING AT OLD DIXIE HIGHWAY LEGEND PROJECT DISCRIPTION: REMOVAL OF RAILROAD CROSSING AT 0 0-125 0.25 2(�,Q Mile N ® PROJECTS OLD DIXIE FOR CR 510IMPROVEMENTS I 1 �JJ �� INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator PREPARED: Kelly Buck, Code Enforcement Supervisor DATE: January 15, 2025 SUBJECT: Request for Release of Easement for 1315 19th Avenue SW It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of January 28, 2025. DESCRIPTION AND CONDITIONS: The County has been petitioned by Lorenzo Gonzalez & Lizbeth Gonzalez, owner of a lot at 1315 19th Avenue SW (the North half of Lots 21 and 22, Oslo Park Unit No. 3), for the release of a drainage and utility easement. The purpose of the easement release request is to accommodate the future site improvements for a single-family residence (see Attachment 1). ANALYSIS: The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County (IRC) Utilities Department; the IRC Road & Bridge and the IRC Engineering Division; and the IRC Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact on drainage or to utilities being supplied to the subject property or to other properties in the vicinity. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed resolution, approve the subject release of the County -dedicated drainage and utility easement at 1315 19th Avenue SW. ATTACHMENT: 1. Location Map 2. Draft Resolution 207 Z9M VaMOld'HOVA 0119n 1S3MH1noS 3nN3AV Hill 06l L Z30NVNN3H A1311VNV I Va void'mmoo'd3A18 NVIONI 'E 'MJ 11Nn HlIVd OISO 'V NOOIS'ZZ 4 tZ S10I !O 1333 99 H1nOS 3H1 .kAA'd s OIHdV'80Od01 (INV AHVONnoo a ? >a N wLL.; w�ON y O z o a$ai Amo g pp a a� 8il� to@� if KI € 8€ !iaS!§�i!961%Fi:g i$p;t pp I : § °FFY�- C�y §pp �!F ep�p x ' ;y DdE2si5k58 § 48e�y�a® Y r a s E§ F FFA tit a 8 s •�. ! 5 § tI Ii�l II S1 3 11101 _ �� � � — � �r3tY¢nv nrvloH i53wunOB 3ne13nv rLLe - \ I _,'�. % VVV t �t i 3 ova vmwIi'AAnOJa34laNVIaNI f 'E ONIINfI NtlVd OlSO ��}y m Z w tlaIM01�'HOYW ON3A �~� 'd HOOlB'ZZ I LZ 5101 10 13 3d 9S H1nOS 3H1 1S3MHInOS 3nN3AV HIV 06 x 230NVN2l3H A1311VNV "^ o.rNwx. rf°wv A3A2inS € R -V CV . .. `. OIHdvejOOdOl(INV ,INVQNnoa i� 1 !Q �lF.e®q.8pase�a®area 8 RESOLUTION NO. 2025 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING EASEMENTS (OR PORTION THEREOF) ON LOTS 21 and 22, BLOCK A, OSLO PARK SUB UNIT 3 WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 21 and 22, Block A, of OSLO PARK SUB UNIT 3; and WHEREAS, GONZALEZ, LORENZO & LIZBETH, the owners of the North '/2 of Lots 21 and 22, Block A, Oslo Park Unit No. 3, have made application to Indian River County requesting that the County release the easements, or portion thereof that encumber said lots; and WHEREAS, the retention of the easements, or portion thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: to release the original east five (5) foot drainage & utility easement on that portion of the North 1/2 of Lot 21, Block A, Oslo Park Unit No. 3, according to the plat thereof, as recorded in Plat Book 4, Page 19 of the Public Records of Indian River County, Florida. to release the original west five (5) foot drainage & utility easement on that portion of the North 1/2 of lot 22, Block A, Oslo Park Unit No. 3, according to the plat thereof, as a recorded in Plat Book 4, Page 19 of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2025, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Laura Moss Commissioner Joe Earman The Chairman declared the resolution duly passed and adopted this day of , 2025 Attachment 2 210 RESOLUTION NO. 2025 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO LEGAL FORM: Jennifer W, Shuler, County Attorney Attachment 2 211 9'� INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator PREPARED: Kelly Buck, Code Enforcement Supervisor DATE: January 15, 2025 SUBJECT: Request for Release of Easement for 1319 19th Avenue SW It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of January 28, 2025. DESCRIPTION AND CONDITIONS The County has been petitioned by Anallely Hernandez, owner of a lot at 1319 19th Avenue SW (the South half of Lots 21 and 22 Oslo Park, Unit No. 3), for release of a drainage and utility easement. The purpose of the easement release request is to accommodate for the future site improvements for a single-family residence (see Attachment 1). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County (IRC) Utilities Department; the IRC Road & Bridge and the IRC Engineering Division; and the IRC Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact on drainage or to utilities being supplied to the subject property or to other properties in the vicinity RECOMMENDATION Staff recommends that the Board, through adoption of the proposed resolution, approve release of the subject release of the County -dedicated drainage and utility easement at 1319 19th Avenue SW. ATTACHMENT: 1. Location Map 2. Draft Resolution 212 '�' MOIaO1d'A1H0OJ a3AM WOM _ e 'E'Mi llNn MHVd OlsO ioi 2Gel£ VO'801''H0V38 Oa3n V H0018'LZ 8 Lt SlOI dO 133d 8S H1nOS 3H1 1S3MH1nos 3nN3AV Hit 061 L JJJ eFt;s$ Z3ONVNH3H A1311VNV A3n2lnS OIHdV85OdO1 ONV AdVONnOB 2 #'r A PIF a �7€AAir�95AsBi #b egg§ 3 ip€�a gg�y1 ag,# $ a Rf ea as � pR€ {$q�� � � t{#� i^� E ■€ � � A# �9ii �Qp [#qaP 4E 4 �X ee}A a#A1 p ycsff 1pp° S tx6�f �g ■�iA �a� a # � �� H � agg8� c€ � � gg 6# # a� s A SA 3i °#Re �� -�E>=��ti t bb 2�#�8�lfY6 6 e A A!e a a DaA9�`SkyA �` Ei3d1® rc 1i��:l 0 € g�:€k Ell g G$ ilA��9l pp g �pa# €pbFk 1 6 A 91' �� �a�# ��- :>:#a� !11; 1 �$g f 11tlK3 �" VOW01j'A!N(1pO MAIN NVIONI o v 'C'ON In Hadd OiSo � i w N z96zc V01801i 'HOV39 ObaA V NOo3e'zz S lz SIOI JO13aJ BS H1nos 3H1 4� �� g iLL S k; I+ 1S3MHinOS 3nN9AV Hlv Ohl l s ° 234NVNd3H A7311VNV ,� E A3n21f1S 3IHdV8D0d01 ONV A2HVONnos a sa6e a I i 1� E�6 AAA Gk@ �{F GAF i I � I 1, 1fill {1 fill! , . 6 _—..—___ toe F Nom\ I all atm �+ � I 1, 1fill {1 fill! , . 6 _—..—___ toe F Nom\ I f�lb� � a{ atm f�lb� � a{ RESOLUTION NO. 2025 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING EASEMENTS (OR PORTION THEREOF) ON LOTS 21 and 22, BLOCK A, OSLO PARK SUB UNIT 3 WHEREAS, Indian River County has an interest in a drainage and utility easements on Lots 21 and 22, Block A, of OSLO PARK SUB UNIT 3; and WHEREAS, HERNANDEZ, ANALLELY, the owner of the South % of Lots 21 and 22, Block A, Oslo park Unit No. 3, has made application to Indian River County requesting that the County release the easements, or portion thereof that encumber said lots; and WHEREAS, the retention of the easements, or portion thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: to release the original west five (5) foot drainage & utility easement on that portion of the South % of Lot 22, Block A, Oslo Park Unit No. 3, according to the plat thereof, as recorded in Plat Book 4, Page 19 of the Public Records of Indian River County, Florida. To release the original east five (5) foot drainage & utility easement on that portion of the South %2 of lot 21, Block A, Oslo Park Unit No. 3, according to the plat thereof, as recorded in Plat Book 4, Page 19 of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the _ day of , 2025, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Laura Moss Commissioner Joe Earman The Chairman declared the resolution duly passed and adopted this day of , 2025 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman 215 RESOLUTION NO. 202S - ATTEST: Ryan L. Butler, Clerk of Court and Comptroller LIM APPROVED AS TO LEGAL FORM: Jennifer W, Shuler, County Attorney Deputy Clerk 216 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Richard Reichenbach, P.E., Project Engineer FROM: Jill Williams, Contract Support Specialist SUBJECT: Amendment No. 1 to RFQ No. 2022072 (IRC -1505B), Consor Engineers, LLC CEI Services for 66th Avenue (691h Street to CR-510/85th Street) DATE: January 2, 2025 DESCRIPTION AND CONDITIONS On June 14, 2022 the Board of County Commissioners approved an Agreement with the Florida Department of Transportation to provide the County with financial assistance under Financial Management (FM) No. for 436379-2-54-01 for the widening of 66th Avenue from a two-lane to a four -lane divided highway from 69th Street to CR-510/85th Street. Also included in the grant are construction engineering inspection (CEI) services through its Transportation Regional Incentive Program (TRIP) with an estimated cost of the project of $15,708,271.04. The FDOT TRIP grant amount approved was for $7,000,000.00 with the County's cost share to be $8,708,271.04. This TRIP Agreement also required the County to hire a FDOT prequalified consultant firm to perform Construction Engineering Inspection (CEI) Services as defined in the Agreement. The County has since advertised CEI Services for a Request for Qualifications (RFQ). On March 28, 2023, the County awarded CEI Services to Consor Engineers, LLC for a total lump sum amount of $2,998,953.39 which was to cover the construction period of 600 days. To date, Indian River County has been reimbursed by the FDOT TRIP grant $450,204.11 for Consor's services through September 30, 2024. The purpose of Amendment No. 1 is to compensate Consor Engineers, LLC for delays occurring during construction. The Notice to Proceed was issued to the Contractor on July 31, 2023, with final completion scheduled for February 19, 2025. Due to delays associated with FPL's utility relocations, work change directives, weather days and holidays, the revised construction contract completion date is estimated for no earlier than March 1, 2026, adding approximately 375 days to the original expected construction period. 217 Page 2 Amendment No. 1 to RFQ 2022072 (IRC -15058) Consor CEI 66t" Avenue (6911 Street to CR510/8511 Street) January 28, 2025 BCC Meeting Consor has proactively managed staffing to bridge additional time but is lacking funds to complete services to the anticipated contract end date. Consor has submitted a cost proposal for compensation in a not -to - exceed amount of $237,676.00 or 7.92% increase, for a revised total contract cost of $3,236,629.39. The additional recommended compensation is an estimated cost to cover services through the estimated final acceptance date. Indian River County will be invoiced for actual hours worked only. The FDOT TRIP grant will cover 50% of the proposed increase, or an additional $118,838.00, of the Consor contract total. FUNDING Funding, for the additional $237,676.00, is budgeted and available in the Optional Sales Tax/Road & Bridge/661h Ave/49th to 691h St account, number 31521441-066510-16009. Account Name I Account Number Amount Optional Sales Tax/Road & Bridge/661h Ave/691h St — 851h St 31521441-066510-16009 $237,676.00 RECOMMENDATION Staff recommends approving Amendment No. 1 to the Agreement with Consor Engineers, LLC, and requests the Board authorize the Chairman to execute Amendment No. 1 to the Agreement on their behalf for a not -to -exceed amount of $237,676.00. The new total agreement price will be $3,236,629.39. FA is if±Td 1.1,ky,1:0 k1 Amendment No. 1 with Consor Engineers, LLC AGENDA ITEM FOR JANUARY 28. 2025 C:\Gra ni cus\LegistarS\LS\TempV1S32147-6ad 1-4cad-804-9d43a5541-21$ INDIAN RIVER COUNTY CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR IRC -15058 (66TH AVE FROM 69TH ST TO CR-510/85TH ST) FM NO 436379-2-54-01 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CONSOR ENGINEERS, LLC AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Professional services Agreement (AGREEMENT) dated March 28, 2023, between Consor Engineers, LLC (CONSULTANT) and Indian River County (COUNTY). This amendment addresses changes in "Section 4 — Term; Time for Completion" and "Section 5 — Compensation" of the AGREEMENT. Amendment Description This Amendment includes the following: "SECTION 4 — TERM; TIME FOR. COMPLETION" is being modified to incorporate the following: Consultant services are required until the completion and closeout of the project, scheduled no later than April 30, 2026. "SECTION 5 — COMPENSATION" is being modified to incorporate the following: Exhibit A - the Not -To -Exceed amount of $237,676.00 represents the not -to -exceed cost during the period associated with the 375 days added to the contract time through Change Orders/Work Change Directives for extra work, as well as holiday and weather days Total increase of $237,676.00 in a Not -To -Exceed amount brings the AGREEMENT total to $3,236,629.39 for Services to be rendered. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) F:\Public WorksTNGINEERING DIVISION PROJECTSA50513-66th Ave Widening 69th St -85th St\1-Admin\Agenda Items\CONSOR\Amendment 1\IRC-15056 CONSOR AMENDI.docx 219 The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 1 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CONSOR ENGINEERS, LLC OF INDIAN RIVER COUNTY By: Print Name: Title: By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney FAPublic Works\ENGINEERING DIVISION PROJECTS\1505B-66th Ave Widening_69th St -85th SW-Admin\Agenda Items\CONSORUmendment 1\IRC-1505B CONSOR AMEND1.docx 220 ft, consor January 8, 2025 Richard Reichenbach, P.E. Project Engineer Public Works Department Indian River County 7150 20"' Street Suite H Vero Beach, FL 32966 SUBJECT: CONSOR Engineers, LLC Additional Funds Request Professional Construction, Engineering, and Inspection (CEI) Services for IRC -15058, 66th Avenue Roadway Widening Phase II Dear Mr. Reichenbach: CONSOR Engineers is thankful for the opportunity to perform CEI services, under our CEI Services Contract with Indian River for IRC -1505B 66th Avenue Phase II since July 2023. Attached for your consideration is an amendment to our fee proposal for additional funds. Our original fee proposal was based on an original construction duration of 600 -days with an estimated construction completion of February2025. Since then, Indian River County has added 375 days/12.5 months (166% increase in time), due to delays, extra work, holiday and weather day delays given to the construction contractor, Timothy Rose Contracting (TRC), with a current estimated completion no earlier than March 1, 2026. We have proactively managed the staffing and staff hours used for this Contract which resulted in sufficient funds to cover some Consor personnel manhours for these extra 12.5 months of services. However, we will not have sufficient funds to cover all costs associated with 12.5 months of additional service due to construction time added by IRC. Please see attached our estimated cost to completion with the end date of April 2026 assuming a March 2026 construction finish. The actual fee will continue to be invoiced monthly based on actual direct expenses & hours worked. We will continue to use staff only when necessary to ensure that adequate inspection levels are achieved, based on the resources implemented by the construction contractor. Cost to Complete (December 2024—April 2026) $2,189,455 Less Current Balance remaining through November 2024 $1,951,779 Additional Funds needed Not -to -Exceed $237,676 We respectfully ask for an amendment to our CEI Contract in the amount not -to -exceed of $237,676. If you have any questions or need additional information, please feel free to contact me. Sincerely, CONSOR Engineers LLC Kelly Cowger, PE Senior Construction PM/Senior Project Engineer Encl: Estimated Cost to Complete Fee Proposal Amendment www.consoreng.com 221 N N N 1p aq Lrii 00 n Q �t n co O00 Ln M F- T -t 01 N N ri Vi V? An O Ln Lal O N n H O O n r-1 00 5 CL m n x W V1 V>• An Ln Ln f0 U LO LO z m n n 000 W V} V} Vi• O O s � � N W Ln Ln 0 LUL 01 01 I, - V). V} V} i/► e -I N OO1 O "0 O M N r-1 e1 .-1 4,0 0 V? V} VA O O >. Ln Lr) NLn Ln ri ri J cyi fY) > >, t0 W LI1 n d co m _ O O 00 0000 L. OO O O C 00 00 .G V1, V> VL LD O W M N ri M00 Ln N M 00 d' U 000 w � 0 V>• � V? N � C a0�+ O 41 O Z Q v o� c � V z M N N O Ln u cc L v L N N cc N N M lqr O O O O 4.1 O 0 0 0 N Ln 0 0 0 O N O cr Lr m I;T N �f O L L V} V} V} 4-1 4-+ C C O O E E N N O_ CL O O Ln II Iyj 11 O II O0 II 1 I» N V} C tn C V? OL 0. in W W L +� C v O E O D It r-4 M N N IRC-15056 Description Dollars Days Total Days WCD 002 Occupancy of Christine Ford Residence - 21 days $0.00 21 21 NO1 #2 Resolution) 005 Utility Work - Gate Values & Time Extension (NO1 -$60,727.27 37 58 #4); Decrease Contract Quantity of Line-Stops 007 Plan Revision 3 Changes $10,290.74 15 73 008 Plan Revision 7 Changes $24,758.85 13 86 009 NO107 - SRID Non-Compensable Time Extension $0.00 86 172 010 Plan Revision 4 Changes $3,853.17 5 177 011 Plan Revision 17 Changes $12,639.29 22 199 013 Plan Revision 15 Changes $14,659.98 3 202 TBD Resolution of NO1 #8 - FPL Distribution's Lack of $0.00 120 322 Responsiveness that began 9/11/2024 Weather Day Time Extensions thru November 2024 40 362 Holiday Day Time Extensions thru November 2024 13 375 375 Indian River County has added 375 contract days, or approximately 12.5 months, which is a 166% increase to the original construction schedule due to unforeseen delays, extra work, holiday and weather day delays given to the construction contractor which affected the anticipated construction finish of the project. Allowable contract time is no earlier than March 1, 2026 or total of 945 contract days. Original contract time was 570 plus 375 added by IRC after letting, equals 945. 224 10A1 Leslie R an Votetndian%ver.gov Indian River County Sue 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 January 7, 2025 The Honorable Joseph Flescher Chairman, Board of County Commissioners Indian River County 1801 2711 Street, Building A Vero Beach, FL 32960 Dear Chairman Flescher: The Supervisor of Elections office conducts municipal elections for our five local municipalities. On November 5, 2024, elections were held for the following cities: City of Fellsmere City of Sebastian City of Vero Beach I am requesting to have the revenue received from conducting the November 5, 2024 municipal elections be rolled into the Supervisor of Elections 2024/2025 budget. The cost for conducting these elections was $39.127.50. These election costs were not accounted for in our 2024/2025 budget. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures 225 226 Page I Leslie Rossway Swan Date 11/12/2024 Supervisor of Elections Indian River County. FL Time 02:35 PM Book Closing Party Summary by District for 2024 General Election Election 99 Closing Date = Oct/07/2024 Total Voters Dems Reps NPA Other LEE Indian River County INDIAN RIVER COUNTY 120,884 28,222 61,835 26,655 3,895 277 0 120,884 28,222 61,835 26,655 3,895 277 0 County Commission COUNTY COMM DIST 1 22.692 5,088 11,572 5,256 726 50 0 COUNTY COMM DIST 2 26,758 7,008 12.744 6.107 851 48 0 COUNTY COMM DIST 3 23,759 5,284 :12,645 4,985 783 62 0 COUNTY COMM DIST 4 21.999 5,483 10.943 4,789 717 67 0 COUNTY COMM DIST 5 25.676 5,359 13.931 5,518 818 50 0 120,884 28,222 61,835 26,655 3,895 277 0 Congressional District 8TH US CONGRESS 120,884 28,222 61.835 26,655 3,895 277 0 120,884 28,222 61,835 26,655 3,895 277 0 City FELLSMERE 1,342 574 325 408 33 .2 0 ORCHID 526 61 355 98 12 SEBASTIAN 20.651 4,571 10,341 4.998 694 41 VERO BEACH 11.423 2,622 5.862 2,521 377 0 0 INDIAN RIVER SHORES 4,122 658 2,524 824 114 2 0 38,064 8,486 19,407 8,849 1,230 92 0 FL House of Representatives w 34TH FLORIDA HOUSE 120,884 28,222 61,835 26,655 3,895 2101 0 120,884 28,222 61,835 26,655 3,895 School Board SCHOOL BOARD DIST 1 22,692 5,088 11,572 5,256 726 Jo 0 SCHOOL BOARD DIST 2 26,758 7.008 12,744 6,107 851; SCHOOL BOARD DIST 3 23,759 5,284 12,645 4,985 783 0 SCHOOL BOARD DIST 4 21,999 5,483 10,943 4,789 717 67 9 SCHOOL BOARD DIST 5 25,676 5,359 13,931 5,518 818 S0 0 120,884 28,222 61,835 26.655 3,895 Sebastian Inlet SEBASTIAN INLET 36,771 8,171 18,586 8,758 1,185 71 0 36,771 8,171 18,586 8,758 1,185 ?i 0 226 Page I Leslie Rossway Swan Date 11112/2024 Supervisor of Elections Indian River County, FL i Time 02:35 PM Book Closing Party Summary by District for 2024 General Election Election 99 Closing Date = Oct/07/2024 Total Voters pe—MS Rep-5 Na Qthgr LPA Mosquito Control MOSQUITO CONTROL 120.824 2215 61.70 2030 3.04 277 0 t 120,824 .+..�.,.r- ... «...�+..-.�. 28XS ii<ijU . MAP ,;:.:r.�..,.. 3AW V7. 0 t Florida Senate 29TH FLORIDA SENATE 120,884 28,222 61.835 26,655 3.895 277 0 120,884 28.222 61,835 26,655 3,895 277 0 City Ward I FELLSM£RE 1,342 574 325 408 33 2 0 ORCHID 526 - 61'` 355 98 12 0 0- SEBASTIAN 20,651 4,571 10,341 4,998 694 47 .0.... . VERO BEACH 11,423 2.622 5,862 2,521 377 41 . INDIAN RIVER SHORES 4,122 658 2,524 824 114 2:. 0 38,064 8,486 19,407 8,849 1,230 0 i - .. { i .�Mlf' 2 : . . - . . 0 Invoice IRC Supervisor of Elections 4375 431 Avenue Vero Beach, F! 32967 Bill To City of Fellsmere Invoice: 4194 Date: November 14, 2024 i i i * INDIAN RIVER COUNTY �k - Of LESLIE ROSSWAY SWAN Invoice IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Bill To City of Sebastian Invoice: 4196 Date: November 14, 2024 Description Quantity Rate Amount Municipal Elections Initials: AW 20,651 1.00 $20,651.00 Total Due $20,651.00 229 * INDIAN RIVER COUNTY Of L E S L I E R O S S W A Y S W A N Invoice IRC Supervisor of Elections 4375 43rd Avenue Vero Beach, Fl. 32967 Bill To City of Vero Beach Invoice: 4195 Date: November 14, 2024 Description Quantity Rate Amount Municipal Elections Initials: AW 11,423 1.50 $17,134.50 Total Due $17,134.50 230 Jennifer W. Shuler County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney PUBLIC HEARING- B.C.C. 1/28/25 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, County Administrator FROM: Christopher A. Hicks, Assistant County Attorney DATE: December 30, 2024 ATTORNEY SUBJECT: Children's Services Advisory Committee Ordinance Amendment - LEGISLATIVE BACKGROUND. On December 17, 2024, the Board instructed the County Attorney's Office to draft an updated ordinance amending Section 103.22 of the Code regarding Children's Services Advisory Committee membership to include the assigned Commissioner holding the chair of the committee, the chair to be a non-voting member, and to add an additional at- large member to replace the non-voting chair to prevent tie votes. The draft ordinance is attached as requested under the terms of the Board's direction. FUNDING. The cost of publication of the required public notice for the public hearing was $112.14. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Ordinance Business Impact Statement Affidavit of Publication 231 ORDINANCE NO. 2025 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 103, SECTION 103.22 "APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY COMMITTEE" WHEREAS, Chapter 103 of the Indian River Code has been adopted to govern the Commissions and Boards established by the Indian River County Commission; and WHEREAS, Chapter 103, Section 22 governs membership and procedures of the Children's Services Committee and the Board desires to provide for more uniform procedures and more effectively execute the duties of the Committee; and WHEREAS, the Board desires to make the Commissioner appointee the Chair and a non-voting member in order to provide stability and direction to the Children's Services Advisory Committee; and WHEREAS, it is necessary to add an additional member to balance the Committee; and WHEREAS, the Children's Services Advisory Committee voted in agreement with this amendment of the Code on December 10, 2024; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Code Amendments. Indian River County Code Chapter 103, Section 103.22, Appointment to the children's services advisory committee, is hereby amended to read as follows: (1) The membership of the children's services advisory committee shall consist of fifteen (15) voting members who must be residents of Indian River County as follows: CODING: Words in strike through format are deletions to existing text; words in underlined format are additions to existing text. 232 ORDINANCE NO. 2025- a) A County Commissioner, who shall be a non-voting member; a4 Six 6 Seven47-) ex -officio voting members. Those members shall be: 1 GG into nnmm. inner• 2. 1.Judge living in Indian River designated by chief judge; 3 2. Superintendent of schools, or his or her designee; 4. 3.Department of children and families, circuit 19 community development administrator; 5. 4.Department of health county health department administrator; 6: 51aw enforcement officer; 6. Representative from the Indian River County Hospital District. c) #) Five (5) voting members from the community appointed by the board of county commissioners. Each commissioner shall appoint one (1) member to represent his/her district, which individuals shall have some form of expertise in the arena of children's services, such as a physician, licensed mental health professional, child advocate or someone with business experience. G) Three 3 Two (2) at -large voting members shall be appointed by the board of county commissioners. 4) One (1) voting member, appointed by the board of county commissioners, who is an accountant, certified financial officer, certified financial planner or has significant financial experience. (2) Reserved. (3) The members appointed by the board of county commissioners shall have been residents of Indian River County for at least twenty-four (24) months prior to nomination. Such members shall be appointed for four-year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. No at -large member shall serve for more than two (2) consecutive four-year terms. (4) Reserved. (5) Except as set forth above, no N-9 designee of principals will be allowed for any member of the children's services advisory committee. (6) Reserved. (7) Officers: The Chair shall be the Indian River County Commissioner assigned to the Children's Services Advisory Committee. Other Officers will include V_vice Cshair, and standing sub -committee chairs. Officers excluding the chair will be elected by the majority vote of the children's services advisory committee members each January and will assume the duties of their office on the regular meeting on the second 2 CODING: Words in strikes threugn format are deletions to existing text; words in underlined format are additions to existing text. 233 ORDINANCE NO. 2025 - Monday of the next meeting each year. The term as an officer, other than a county commissioner, will be for one (1) year, but officers may succeed themselves. (8) Except in the event of a conflict between with this chapter, the children's services advisory committee shall be subject to the provisions of Chapter 103 of the Indian River County Code of Ordinances. Section 3. Severability and Conflict If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Codification. The amended language contained in Section 1 of this ordinance shall be codified in Section 103.22 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. Section 5. Effective Date. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. This ordinance was advertised January, 2025, for a public hearing to time it was moved for adoption by Commissioner in the Indian River Press Journal on the 2"d day of be held on the 28th day of January, 2025, at which Commissioner , seconded by _, and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss CODING: Words in strike thmugh format are deletions to existing text; words in underlined format are additions to existing text. 234 ORDINANCE NO. 2025 - The Chairman thereupon declared the ordinance duly passed and adopted this day of January, 2025. Attest: Ryan Butler , Clerk and Comptroller LIZ Deputy Clerk Approved as to form and legal sufficiency: a BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA No Christopher A. Hicks, Assistant County Attorney Joseph E. Flescher, Chairman Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of , 2025. 0 CODING: Words in strike threugh format are deletions to existing text; words in underlined format are additions to existing text. 235 Indian River County, Florida Business Impact Estimate Florida law requires that before the County adopts a new ordinance, it must prepare a Business Impact Estimate that complies with Sec. 125.66(3), Fla. Stat. There are several exemptions to this requirement, which are outlined in the statute. This Business Impact Estimate form is provided to document compliance with and exemption from the requirements of Sec.125.66(3), Fla Stat. If one or more boxes are checked below under "Applicable Exemptions," this indicates that Indian River County has determined that a business impact estimate is not required by law for the proposed ordinance. If no exemption is identified a business impact estimate is required by Sec. 125.66(3), Fla. Stat. and must be provided in the "Business Impact Estimate" section below. This Business Impact Estimate Form may be revised following its initial posting. Proposed ordinance's title/reference: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 103, SECTION 103.22 "APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY COMMITTEE Applicable Exemptions ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Business Impact Estimate: Indian River County hereby publishes the following information: 1 Note to Staff: This form should be completed and included in the Business Impact Estimate Form agenda packet for the item which the proposed ordinance is to be Form revised 10/21/24 considered and must be posted on the Indian River County's Website by the time notice of the proposed ordinance is published. 23 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): This is an amendment to Indian River County Code governing the membership of the Children's Services Advisory Committee 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the county, including the following, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: There are no compliance costs (b) Identification of any new charge or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible: There are no new fees or charges associated with this ordinance (c) An estimate of the County's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs: There are no cost associated with this ordinance and no new fees or charges. 3. A good faith estimate of the number of businesses likely to be impacted by the ordinance: None 4. Additional information the governing body determines may be useful (if any): 2 Note to Staff: This form should be completed and included in the Business Impact Estimate Form agenda packet for the item which the proposed ordinance is to be Form revised 10/21/24 considered and must be posted on the Indian River County's Website by the time notice of the proposed ordinance is published. 23 LocaliQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT AFFIDAVIT OF PUBLICATION NOTICE OHINTENT - EARING PUBLIC AN ORDINANCE OF THE BOARD Christina Moore OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, Indian River County Attorneys Office FLORIDA, AMENDING INDIAN 1801 27Th ST RIVER COUNTY CODE CHAP- Vero Beach FL 32960-3388 TER 103, SECTION 103.22 "APPOINTMENT TO THE CHIL- .DREN`S SERVICES ADIVSORY COMMITTEE" STATE OF WISCONSIN, COUNTY OF BROWN The Public Hearing will be held on Tuesday, January 28, 2025, at 9:05 a.m., or as soon thereafter as the Before the undersigned authority personally appeared, who Csn be heard, n the County ommisoChamberslocated on on oath says that he or she is the Legal Advertising the first floor of Building A of the County Administrative Complex, Representative of the Indian River Press Journal/St Lucie 1801 27th Street, Vero Beach, ers News Tribune/Stuart News news a ublished in Indian Florida 32960, at which time inter- p p p ested parties may be heard with River/St Lucie/Martin Counties, Florida; that the attached respect to the proposed ordinance. The proposed ordinance may be copy of advertisement, being a Legal Ad in the matter of inspected by the public during regu- Public Notices, was published on the publicly accessible lar business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at websites of Indian River/St Lucie/Martin Counties, Florida, the Office of the Clerk to the Board of County Commissioners located on or in a newspaper by print in the issues of, on: the second floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, 01/02/2025 Florida; or alternatively, the proposed ordinance may be inspected at www.indionriver.gov. Affiant further says that the website or newspaper complies Anyone any h mays sh decision which betmadeeal at this with all legal requirements for publication in chapter 50, meeting will need to ensure that a verbatim record of the proceedings Florida Statutes. is made, which includes testimony Subscribed and sworn to before me, by the legal clerk, who and evidence upon which the appeal is based. is personally known to me, on 01/02/2025 Anyone who needs a special accom- modation for this meeting must contact the County's Americans With Disabilities Act (ADA) Coordi- Legal CI rk ator at 7-226-23 at least 48 hours in advance of the meet ng INDIAN RIVER COUNTY BOARD OF COUNTY Notary, State of WI, County of Brown COMMISSIONERS 3 JOSEPH E. FLESCHE,R, CHAIR -MAN Pub: Jan 2, 2025 TCN My commission expires Publication Cost: $107.84 Tax Amount: $0.00 Payment Cost: $107.84 Order No: 10896288 # of Copies: Customer No: 1125303 1 PO #: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance_ KAITLYN FELTY Notary Public State of Wisconsin Page 1 of 1 238 112 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Chris Baiter, Planning and Development Services Director DATE: January 15, 2025 SUBJECT: Appeal of Planning and Zoning Commission Decision on Rezoning Request by Red Jazmine Land Company, LLC BACKGROUND: Red Jazmine Land Company, LLC has appealed the Planning and Zoning Commission's November 14, 2024 decision to deny the request to rezone approximately 4.2 acres from CL (Limited Commercial District) to CH (Heavy Commercial District). The applicant asserts that the denial was based on misapprehensions and incompatibilities that are legally unfounded. Below is an analysis of the reasons for denial, staff's findings, and a response to the arguments in the appeal. ANALYSIS: Reason for Denial: 1. Incompatibility with Surrounding Uses: o The subject property directly abuts a legal, nonconforming residential structure and is surrounded predominantly by CL zoning. Rezoning to CH allows for the introduction of higher intensity uses, including manufacturing and major repair services, that are inconsistent with the existing limited commercial and residential uses. o The appeal's claim that U.S. Highway 1 serves as a sufficient buffer overlooks the property's proximity to residential development on the same side of U.S. Highway 1 (west side) as the existing residential use, which creates potential conflicts in terms of noise, traffic, and visual impact. 2. Failure to Meet Comprehensive Plan Criteria: o Policy 1.43 of the Comprehensive Plan: The property fails key criteria for CH zoning, specifically: ■ Lack of adjacency to railroad tracks or proximity to industrial uses. • Insufficient separation from residential development. • Refer to the attached staff report for the analysis of these items o While the proposed CH zoning aligns broadly with the Commercial/Industrial (C/I) Future Land Use designation, the requested rezoning disrupts the balanced development pattern intended by the Comprehensive Plan. Pagel of 3 239 3. Existing Development Pattern: o The surrounding area is characterized by limited commercial uses that support nearby residential communities. Rezoning to CH would disrupt this established pattern and could allow for further incompatible development. 4. Availability of Alternative Sites: o Within a two-mile radius, there are several undeveloped parcels currently zoned CH and are more suitable for higher -intensity commercial uses. This availability undermines the need to rezone the subject property. 5. Potential Impacts on Public Interest: o Introducing CH zoning in this location could negatively affect adjacent residential neighborhoods, contrary to the public interest and the goals of the Comprehensive Plan. The current CL zoning appropriately balances the needs of commercial development and residential protection. RESPONSE TO APPEAL CLAIMS: 1. Alleged Misapprehension of Compatibility: o The appeal's argument that "alleged incompatibility with a non -conforming use is a non sequitur" misrepresents the issue. The denial is based on the incompatibility of CH zoning's permitted uses with the broader character of the surrounding area, not solely the non -conforming residential structure, and staff's analysis is logical and consistent. 2. U.S. Highway 1 as a Buffer: o While U.S. Highway 1 provides a transportation corridor, it does not negate the need for land use compatibility. Higher -intensity uses permitted under CH zoning could create negative externalities that impact residential areas east of the highway. Emerging Zoning Patterns: o The appeal's claim of an emerging CH zoning pattern is unsupported. The immediate vicinity predominantly consists of CL zoning and residential uses, with CH parcels located farther along the corridor where they are buffered by industrial or general commercial areas and meet the comprehensive plan criteria. 4. Compliance with Procedural Requirements: o The staff report confirms that the rezoning request was reviewed comprehensively under applicable Land Development Code and Comprehensive Plan criteria. The denial reflects adherence to these standards. Also, all required public notice, advertising, and public hearing procedures outlined in the County's land development regulations were followed. 5. Consistency with the Comprehensive Plan: o The appeal's assertion that the rezoning is consistent with the Comprehensive Plan omits critical context. There are six (6) zoning districts in the county that could be allowed within an area designated with a C/I future land use category. However, not Page 2 of 3 240 all of these districts would be appropriate in all areas of the county, While CH zoning is allowed under the C/I designation, the specific site conditions and surrounding development pattern render this rezoning request inconsistent with Policy 1.43. CONCLUSION AND RECOMMNENDATION: Based on staff's thorough analysis and findings, the Board of County Commissioners is advised to uphold the Planning and Zoning Commission's denial of Red Jazmine Land Company, LLC's rezoning application. The request is inconsistent with the Comprehensive Plan, incompatible with surrounding land uses, and contrary to the public interest. Maintaining the current CL zoning protects the balance between commercial and residential uses in this area and aligns with the County's long-term development goals. ATTACHMENT: 1. Appeal Letter 2. 11-14-2024 Planning and Zoning Commission Staff Report 3. Unapproved 11-14-2024 Planning and Zoning Commission Meeting Minutes Page 3 of 3 241 Bruce D. Barkettl Jonathan D Barkett Llsa Thompson Barnes 3-4 Gregg M. Casalino' Aaron V. Johnson Taylor Kennedy Lubas" C. Douglas vitunac Jessica F. Hernstadt Paul O'Neil Megan N_ Root OF COUNSEL George G. Collins, Jr.' Ralph L. Evans Michael). Garavaglia' Steven L. Henderson' P_ Todd Kennedy 7 Calvin B. Brown (1968-2024) William W. Caldwell (1964 — 2023) December 3, 2024 VIA HAND DELIVERY Chris Balter Director of Community Development 1801 271h Street Vero Beach, FL 32960 x-50 Y E A R S COLLINS BROWN BROWN ATTORNEYS AT ILAW 756 Beachland Boulevard Vero Beach, Florida 32%3 Post Office Box 643686 Vero Beach, Florida 32964-3686 Joe Flescher Chairman of the Board of County Commissioners 1801 271h Street Vero Beach, FL 32960 Re: Red Jazmine Land Company, LLC Dear Mr. Salter, Chairman Flescher, and Chairman Day: 1. Board Certified Real Estate 2. Master Of Laws Taxation 3. Master Of Laws Real Property Development 4. Master Of laws Estate Planning & Eider Law S. Certified Circuit Mediator 6. Also Admitted In The Commonwealth Of The Bahamas 7. Master Of Business Administration Jonathan Day Chairman of the County Planning and Zoning Commission 1801 27th Street Vero Beach, FL 32960 Please be advised that Red Jazmine Land Company, LLC ("Red Jazmine"), hereby appeals the decision of the Planning and Zoning Commission to deny a rezoning application for the approximately 4.2 acre property which lies at the northwest corner of the intersection of US Highway 1 and 73rd Street. This decision was made at the regularly scheduled Planning and Zoning Commission meeting on November 14, 2024. In support of this appeal, Red Jazmine asserts that the Planning and Zoning Commission misapprehended or overlooked the following facts and law: 1. Alleged incompatibility with a non -conforming use is a non sequitur, and cannot form the legal basis for denying otherwise lawful rezoning. 2. The US i corridor constitutes a valid, viable, more -than -adequate buffer between alleged incompatible uses. PHONE: 772.231.4343 1 FAX: 772.234.5213 1 WWW.VEROLAW,COM REAL PROPERTY LAW & REAL ESTATE CLOSINGS • PLANNING, ZONING, LAND USE LAW • WILLS, TRUSTS, & ESTATE PLANNING CIVIL & BUSINESS TRIAL PRACTICE . CORPORATE & BUSINESS ORGANIZATION � CONSTRUCTION LAW - CONDOMINIUM & HOA LAW • GUARDIANSHIP PERSONAL INJURY & WRONGFUL DEATH • PROBATE & TRUST ADMINISTRATION • DIVORCE & FAMILY I,AW • TAX LAW 242 Attachment 1 3. The decision below :ignored the laWNcKisting and emerging zoning ONAern developing in the area df-jhe requested 4. The proposed rezoning is consistent *0 ft°Indian, I ver`>Coa A�Omprehensive:Plan and the application complied with all pr�� regmirements of"e ning ordinance. The Planning and Zoning commission-, Mod to demonstrate that maintaining the existing zoning classification accomplished a legiitmate public purpose. Accordingly, at a minimum, tho Planning and Zoning Commission erred in its interpr�,MA application of Section 902.12 of the Land Development Code aratd of Fn re Land Vse bent Policy 1.43 of the Indian River County Comprehensive Plan. For these and other reasons to be demonstrated at a public ling, Red .iazmine hereby requests that this appeal of the denial of this rezoning applicantoubt, heard by the Board Cotaity Commissioners in 4 de novo hearing in accordance with the Indian River aunty Code of taws and Ordinances. Best regards, � W Bruce Barkett For the Firm 243 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Members of the Planning and Zoning Commission THROUGH: Chris Balter; Planning & Development Services Director C6 FROM: Cindy Thurman; Senior Planner, Long Range Planning DATE: October 1, 2024 RE: Red Jazmine Land Company, LLC's Request to Rezone Approximately ±4.20 Acres from CL, Limited Commercial District to CH, Heavy Commercial District (2006080087-96914) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Indian River County Planning and Zoning Commission at its regular meeting on October 10, 2024. DESCRIPTION AND CONDITIONS The subject property is situated centrally within the county along the U.S. Highway 1 corridor, an area characterized by sparse development and limited existing commercial retail and service uses. These uses are primarily clustered within an established commercial node. The subject property consists of ±4.20 acres and is an irregularly shaped triangle (see Attachment 1). Located at the northern end is a small restaurant. A legally nonconforming residence is at the southwest corner, although not part of the subject property. The property lies at the northwest corner of the intersection of U.S. Highway 1 and 73rd Street, the property benefits from proximity to a mixed-use residential area to the east, accessible via 73rd Street. This street serves as a key connector, linking the established commercial node to the adjacent residential community. The commercial node in this area is zoned CL, Limited Commercial, a district intended to accommodate convenience -oriented retail and service needs for nearby residents while minimizing any potential impacts on adjacent residential neighborhoods. Within a two-mile radius along the U.S. Highway 1 corridor, there are undeveloped parcels zoned for both CG, General Commercial and CH, Heavy Commercial to the north and south of the subject property. Notably, the property does not directly abut the FEC railroad tracks; it is separated by another CL -zoned parcel. Similarly, it does not border Old Dixie Highway. The nearest IG (General Industrial) zoned property is situated to the west, buffered by additional CL -zoned parcels, Old Dixie Highway, and the FEC railroad tracks. The applicant requests to rezone the subject property from CL, Limited commercial District to CH, Heavy Commercial District. The purpose of this request is to secure the zoning necessary to develop the site with uses permitted in the CH zoning district. The requested CH zoning 244 designation is consistent with the subject property's C/I, Commercial / Industrial future land use designation. Existing Land Use Pattern The U.S. Highway 1 corridor serves as a major arterial route through the county, with the intensity of commercial land use strategically transitioning as it moves from north to south. In the vicinity of the subject property, the land use pattern is characterized by a more subdued commercial presence, ensuring compatibility with surrounding residential areas. The subject property, located at the northwest corner of U.S. Highway 1 and 73rd Street, sits at a key access point to a mixed residential zone that includes four distinct subdivision communities to the east. This intersection anchors an established commercial node, carefully designed to serve the convenience needs of local residents. The node is strategically positioned to provide easily accessible retail and service options while preserving the character and tranquility of adjacent neighborhoods. This balance is crucial in fostering a harmonious relationship between commercial activity and residential living. The commercial node supports a range of convenience -based retail and service establishments tailored to local residents' everyday needs, with zoning regulations in place to mitigate potential impacts on nearby residential areas. Further along the U.S. Highway 1 corridor, within a two-mile radius, parcels zoned CG, General Commercial and CH, Heavy Commercial remain undeveloped, offering the potential for more intensive commercial uses in the future. This gradual increase in land use intensity along the corridor demonstrates the county's thoughtful approach to development, ensuring that commercial growth is carefully managed. The transition of zoning from CL to CG and CH preserves a buffer between higher -intensity commercial uses and residential neighborhoods, aligning with broader planning goals to balance economic development and quality of life for local communities. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CL district and the proposed CH district. The respective zoning districts' purpose statements best illustrate the distinctions between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: CL: Limited Commercial District: The CL, Limited Commercial district is intended to provide areas for the development of limited commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. CL is not intended to provide for light industrial activities or manufacturing uses. CH: General Commercial District. The CH, Heavy Commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services, and restricted light manufacturing activities. The CH district is further intended to provide support services 2 245 necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. Analysis The following analysis is per Chapter 902: Administrative Mechanisms, 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 (LDRs). While the request for the map amendment does not conflict with the county's land development regulations, the resulting CH, Heavy Commercial zoning district raises concerns about potential incompatibilities with adjacent land uses. The proposed zoning change would allow for more intensive commercial activities that could negatively impact surrounding properties, particularly those within the nearby residential area. For instance, uses such as drive-through restaurants, which are expressly prohibited in the current CL, Limited Commercial zoning district due to their potential to generate traffic, noise, and other externalities, would be permitted under the requested CH zoning. This shift in allowable uses introduces the risk of incompatibility with the adjacent residential communities, undermining the intent of the existing CL district to minimize commercial activity impacts on nearby neighborhoods. The applicant states that: "There have not been any conflicts identified. The site will be subject to the site planning process to demonstrate its compliance with LDRs." Although the applicant asserts that no conflicts have been identified and that the site will undergo the site planning process to ensure compliance with the land development regulations, this does not fully address the concern of introducing uses that may be inherently incompatible with the character of the surrounding area. The rezoning to CH could potentially disrupt the balance between commercial and residential uses, contrary to the county's objective of maintaining compatibility along the U.S. Highway 1 corridor. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies outlined in the comprehensive plan are critical to guiding the County's development. Policies, in particular, serve as actionable commitments that direct how the County will shape and manage growth. These policies form the foundation for all land development decisions, ensuring that the County's planning efforts align with its long-term vision. While all policies within the comprehensive plan hold significance, certain policies are more directly relevant when evaluating rezoning requests. For this particular case, Future Land Use Element Policies 1.17, 1.18, and 1.43 are especially applicable. These policies provide specific 246 guidance and criteria that must be carefully considered to ensure consistency with the County's development goals and the compatibility of land uses within the community. Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area and near existing urban centers. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, retail, office, and storage/warehousing uses. Since the subject property is located within the County's Urban Service Area and the requested CH district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. The applicant states, "This area is within the urban service area and part of a C/I node and that this area is not seeking a change to expand the existing C/I node." Thereby maintaining consistency with policies 1.17 and 1.25 of the Future Land Use Element. Future Land Use Element Policv 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 are the specific rezoning criteria from Policy 1.43, the CH zoning district, and staff determinations of how the criteria have been met in Table 1. Table 1 SUBJECT PROPERTY Proposed Hea Commercial CH) Zoning District Review Criteria Meets Criteria? Comments 1. Along arterial roads Yes Abuts U.S. Highway 1 2. Along Railroad Tracks No The parcel is separated by CL -zoned property and Old Dixie Highway. It cannot be characterized as having railroad frontage or access. Fails this criterion. 3. Between general commercial and No The property is centralized in a CL - industrial areas zoned area intended for light commercial uses. Fails this criterion. 4. Separated from residential No Directly abuts a legal nonconforming development residential home. Fails this criterion. The applicant states that for the Future Land Use Policy 1.43 (as outlined above) "for the CH, Heavy Commercial Zoning district request as follows: 1. Along arterial roads — this site is located along US Highway 1 2. Along railroad tracks — this site is adjacent to the FEC Railroad Tracks 4 247 3. Between general commercial and industrial areas — this site is surrounded by varying commercial and industrial zoning classifications. 4. Separated from residential development — this site is separated from residential development which can be found on the east side of US Highway 1." Staff believes this request is not consistent with Future Land Use Element Policy 1.43. While the property benefits from frontage along US Highway 1, it fails to meet the second criterion of having frontage along the railroad tracks. The CH, Heavy Commercial zoning district is designed to capitalize on proximity to railroad infrastructure, particularly for industrial or manufacturing uses that could integrate a railroad spur or rely on the transportation of materials by rail. In this case, the subject property does not abut the railroad tracks or the associated right-of-way, thereby not fulfilling this key locational criterion. Furthermore, the site is surrounded on three sides by CL, Limited Commercial zoning, with the nearest CG, General Commercial zoning district located to the south, across 73rd Street. The area is characterized by a mix of limited commercial and residential uses, with a development pattern that intensifies progressively along the US Highway 1 corridor as it moves through the county. Importantly, the property directly abuts a legally nonconforming, occupied single-family residence. The introduction of CH zoning in this context raises compatibility concerns, particularly given the more intensive uses allowed in the CH district. Such uses could significantly disrupt the existing character of the area, which is more aligned with limited commercial and residential uses. The comprehensive plan and land development code emphasize the need to recognize and protect existing nonconforming conditions, which further underscores the incompatibility of this rezoning request with the surrounding development pattern. In summary, while the property has frontage upon an arterial roadway, its lack of adjacency to the railroad and its position within a predominantly CL and residential area makes it incompatible with the intent of the CH zoning district and the surrounding land uses. Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The subject property for the proposed amendment is designated C/I, Commercial/Industrial on the Future Land Use Map. Since CH zoning is allowed in the C/I designation, the proposed zoning district is consistent with the Future Land Use Map designation. The applicant asserts that "this location features a mix of commercial uses, including CH (Commercial Heavy), CG, General Commercial, and CL, Limited Commercial, all of which conform to the C/I Future Land Use designation." While this may be true for portions of the broader US Highway 1 corridor, it is important to note that such zoning classifications are not present in the immediate vicinity of the subject property. The property is surrounded predominantly by CL, Limited Commercial zoning, and it directly abuts a legally nonconforming, occupied single-family residence at its southwest corner. This proximity to more restricted commercial and residential uses raises significant concerns about 5 248 compatibility. The introduction of CH zoning in this location would allow for higher -intensity commercial or manufacturing uses that are out of character with the immediate area, potentially creating conflicts with the adjacent limited commercial and residential properties. In summary, while the requested CH zoning may align with the broader C/I designation of the Future Land Use Map, it is not compatible with the existing development pattern and zoning context surrounding the subject property. The more intensive uses permitted under CH zoning could disrupt the balance between commercial and residential uses in this area, making the proposed amendment unsuitable for the site. Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property fronts U.S. Highway 1 to the west, which is designated as a principal arterial road on the County's Future Thoroughfare Plan. While there are no immediate plans for road improvements along this section of U.S. Highway 1, the "2022 Land Use Vision Study for Indian River County" conducted by the MPO identifies this area as a potential candidate for future right- of-way dedication to accommodate additional lanes on the highway. The applicant contends that "the amendment complies with the County's adopted thoroughfare plan, as the site is positioned between US Highway 1, a principal arterial roadway, and Old Dixie Highway, a major collector arterial." However, it is important to clarify that the subject property does not abut Old Dixie Highway, and its primary access is exclusively from US Highway 1 or 77th Street. This locational context highlights a key compatibility issue. The property's proximity to US Highway 1, without direct access or frontage on Old Dixie Highway, limits its connectivity and reduces its suitability for the higher -intensity uses permitted in the CH, Heavy Commercial zoning district. The property is more closely aligned with the lower -intensity uses allowed in the surrounding CL, Limited Commercial zoning, which better supports the existing development pattern along this segment of the highway. In conclusion, while the amendment may technically comply with the County's thoroughfare plan, the lack of direct access to Old Dixie Highway and the property's immediate adjacency to residential and limited commercial uses render the proposed CH zoning incompatible with its current context. The higher -intensity commercial uses allowed in the CH district could create undue pressure on the roadway network and adjacent properties, further underscoring the need to maintain a more appropriate zoning designation. 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 proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. 3 249 The applicant states that "While the zoning classification change is to a higher intensity designation, the RV/Boat Storage (Warehouse) use itself has a significantly lower trip generation than many retail or commercial uses. Also, as the owner prepares to move into the Site Plan phase, a full traffic impact analysis on the proposed use will be provided." It should be noted that although the applicant has identified a proposed RV/boat storage facility, there is no way to limit or guarantee the subject site will be developed as an RV/boat storage facility if the property is rezoned. Item F - Whether or not there have been changed conditions which would warrant an amendment. Parcel assemblage in this area does not appear to pose significant challenges, as much of the surrounding land remains vacant, which could otherwise restrict development opportunities. The applicant notes, "This location has remained undeveloped since the establishment of zoning regulations and the Comprehensive Plan. Given the evolving economic conditions, the owner now seeks to explore rezoning." The proposed project represents a significant investment in the area, encompassing substantial engineering and construction costs. Additionally, the applicant highlights the post -pandemic popularity of recreational boating and RV use, suggesting that the property is well-positioned to serve the growing demand for storage related to these activities. The applicant further asserts that the current CL zoning is not conducive to meeting these needs. While the U.S. Highway 1 corridor has experienced an uptick in the development of storage and warehousing facilities, it is important to consider that many parcels along this corridor, within two miles of the subject property, are already zoned CH, Heavy Commercial and remain undeveloped. These available parcels offer more appropriate locations for higher -intensity commercial and storage uses, as they are already zoned to accommodate such activities. In contrast, the subject property's immediate surroundings are characterized by CL, Limited Commercial zoning and residential development, making the introduction of CH zoning incompatible with the established land use pattern. The CH district would permit uses that may generate higher levels of traffic, noise, and visual impact, which could negatively affect the nearby residential and limited commercial areas. In summary, while the applicant's proposal reflects a substantial investment and responds to market trends, the availability of undeveloped CH -zoned land nearby, along with the property's proximity to residential areas, makes the requested rezoning incompatible with the surrounding context. The CL zoning is more appropriate for maintaining the balance between commercial activity and the protection of adjacent residential communities. While the County encourages commercial investment, such development would be more appropriate on land already zoned for such use. 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. 250 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 Indian River 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. As per 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 on the most intense use of the subject property allowed within the requested zoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CL -zoned property, the most intense use (according to County LDRs) is retail commercial, with 10,000 square feet of gross floor area per acre. For the CH rezoning request, the most intense use is general manufacturing, with 20,000 square feet of gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: ±4.20 acres CL, Limited Commercial District CH, Heavy Commercial District 42,000 square feet of Retail Commercial 84,000 square feet of General Manufacturing The applicant states that: "Rezoning does not guarantee any vested rights, and during the course of site plan review, the Concurrency application will demonstrate that mandated facilities are available. These include stormwater management, solid waste, wastewater, and potable water." Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject property proposed to be rezoned from CL to CH has an existing restaurant at the north end and is otherwise undeveloped. Since the subject property does not contain any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. A more detailed environmental analysis based on the site- specific development proposal will be conducted when development is proposed for the subject site. 251 The applicant states that: "The owners have conducted both a Phase 1 Environmental Review, and an Environmental Impact Report (EIR) on this site. In both cases, nothing remarkable was uncovered while looking specifically at the prior uses of the land and protected species. Prior to any proposed development a full Environmental Impact Assessment will be done, but as the site sits currently, for the rezoning there is not any adverse impacts on the natural environment." Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The applicant states, "The surrounding land uses provide for a logical and orderly pattern of land uses as there are several commercial uses found in the immediate area. This rezoning request is also consistent with the Comprehensive Plan." Although the requested CH, Heavy Commercial zoning district is consistent with the underlying C/I (Commercial Industrial) Future Land Use designation, the proposed amendment would not result in an orderly or logical development pattern. There is no other CH zoning in the immediate vicinity, and the predominant zoning in this area is CL, Limited Commercial, which allows retail as the most intense use while prohibiting drive-through restaurants. The introduction of CH zoning, which permits more intensive uses, would be inconsistent with the established character of the area. Although the proposed amendment may be technically consistent with portions of the Comprehensive Plan, it is not in harmony with the surrounding zoning districts and would disrupt the existing development pattern. The contrast between the higher -intensity uses permitted under CH zoning, and the more restricted uses of CL zoning, raises the potential for conflicts between adjacent properties, particularly where prohibited and permitted uses may share property boundaries. This lack of compatibility undermines the goal of achieving a cohesive and orderly pattern of land uses, further demonstrating that the proposed rezoning is unsuitable for the area. 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 applicant states, "We have not uncovered any conflicts with public interest and is in harmony with the purpose and interest of the land development regulations." However, this rezoning request is not in harmony with the purpose and intent of the land development regulations as it seeks to introduce uses that are incompatible with the surrounding area. The predominant zoning in this location is designed for limited commercial uses that are intended to serve the nearby residential community, as evidenced by the existing subdivisions along 73rd Street. Rezoning the subject property to CH, Heavy Commercial would introduce higher intensity uses that are inconsistent with the character and purpose of the area. This change would not serve the public interest of the surrounding residential community and could create conflicts between the more intense uses allowed under CH zoning and the residential and limited commercial uses E 252 nearby. Therefore, the proposed rezoning is not compatible with the existing development pattern or the intended function of this area. 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. The applicant states that "In both the 2023 Priority Projects Report and the 2022 Land Use Vision Study for Indian River County MPO, this area is identified for potential right of way dedication to add additional lanes on U.S. Highway 1. The current ADT is 25000 trips along U.S. Highway 1 in front of our property, and increasing the lanes from 4 to 6 adds additional justification for the CH zoning in this corridor. At this time, the Project Development and Environmental (PD&E) study is complete, and project design is underway. As the site moves into Site Plan review phase additional right of way can be finalized." Based upon the 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. REQUIRED NOTICE For this project, staff was required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. CONCLUSION The requested CH, Heavy Commercial zoning district is not compatible with the surrounding area, as there are no other CH -zoned properties in the immediate vicinity. Additionally, the request is not consistent with the goals, objectives, and locational criteria outlined in Policy 1.43 of the Comprehensive Plan. The subject property is not situated in an area suitable for heavy commercial uses, as it has historically been zoned CL, Limited Commercial, which is more appropriate for the area's character and nearby residential developments. Rezoning to CH would introduce uses that could create significant incompatibilities with adjacent properties, disrupting the intended balance of limited commercial and residential uses. The subject property does not meet the necessary criteria for a CH zoning designation, and the proposed amendment would undermine the established development pattern in this area. For these reasons, staff cannot support the request to rezone the property to CH, Heavy Commercial. The proposed zoning change is incompatible with both the Comprehensive Plan policies and the surrounding land uses, making it unsuitable for approval. 10 253 RECOMMENDATION Based on the analysis conducted, staff cannot support recommending that the Planning and Zoning Commission advise the Board of County Commissioners to approve the request to rezone the subject property from CL, Limited Commercial to CH, Heavy Commercial. After thorough consideration of the surrounding land use patterns, compatibility concerns, and consistency with the Comprehensive Plan and County's land development regulations, staffs recommendation is to deny the request for rezoning. ATTACHMENTS APPRO A3, () FARM 1. Zoning Map AND CY 2. Future Land Use Map SUSAN J +" " 3. Rezoning Application AS84TA rcouiay .'r, 4. Ordinance 11 254 255 256 ATTACHMENT APPLICATION FORM 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. Assigned Project Number: RZON - - Z_ Current Owner Applicant (Contract Purchaser) Agent Name: Red Jazmine Land Company, LLC Same as Owner MBV Engineering, Inc. Complete Mailing Address: 101 Pugliese's Way, 2nd Floor Delray Beach, Florida 33444 1835 20th Street Vero Beach, FL 32960 Phone #: (including area code 561-464-1642 772-569-0035 Fax #: (including area code) 561-330-7001 772-778-3617 E -Mail: dbrink@puglieseco.com ryanm@mbveng.com Contact Person: Damian Rj;jnk Rebecca Grohall, AICP Si&2ature of Owner orAgent: W, Property Information Site Address: 7355 US Highway 1, Vero Beach, Florida 32967 Site Tax Parcel I.D. #s: 32390300000300000019.1 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Zoning District: CLExistin Land Use Designation. Cil Requested Zonin District: CH Total (gross) Acreage of Parcel: 4.201 Acreage (net) to be Rezoned: 4.201 Existing Use on Site: Vacant Proposed Use on Site: Commercial THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 1 257 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 Applicant's Checklist S Checklist 1. Fee: $3,000.00 X 2. Completed Rezoning Application Form front page) X 3. Letter of Authorization from Current Owner(s) X OR Current Owner is Applicant 4. Verified statement (separate letter) naming every f individual or entity having legal or equitable X ownership in the property. 5. One 1 Copy of the current Owner's Deed X 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company X ,r OR An attorney's written opinion evidencing fee V ownership of the property. 7. A justification of change statement and detailed X 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: ® a legal description of the land to be rezoned X ® the size of the land to be rezoned ® the public road right-of-way width of adjacent roads; and ® a north arrow 9. Electronic version (MS Word is preferable) of the X legal description 10. Provide a digital map file of the boundary Survey provided in Item 8 above in either AutoCAD (.dwg) X V/ or Esri Shape file (.shp) format. 11. Copy of Approved Concurrency Certificate ✓ OR Copy of filed application for Concurrency X Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 F:\Commumty Nvelopn=MPPLICATIONMomp. Plan and Rewning applications\rezoningrequestform - Updated 2021.docz 258 Rezoning Justification Statement Site Address: 7355 US Highway 1 Parcel ID: 32-39-03-00000-3000-00019.1 Existing Zoning: CL Requested Zoning: CH Total Acreage: 4.2 acres Existing Land Use: C/I Envisioned use: Commercial as allowed by the CH designation. AIthough the property owners want to leave the development opportunities open on this site, they are exploring a quality ',.enclosed" RV and Boat Storage with a small clubhouse and office. All the recently approved and built RV & Boat Storage facilities in the area are outdoor and not enclosed, although some have canopies. The market is strong for enclosed RV & Boat storage due to the high-end nature of these vehicles and full protection from inclement weather, as well as having them in a convenient and secure location. There may be some accessory covered outdoor storage as well. To utilize the RV/Boat storage use on the property, this requires CH zoning. The CL does not support this use as presented, rather the CL proposes the use as a special exception, and it has heavily regulated criteria on the height of the structures etcetera that are not compatible with the envisioned use. The CG district also restricts this type of use to a three -acre site size limitation, and requires an administrative use permit with limits to the FAR. This site is greater than 3 acres, so the CH is requested as it allows for the uses ultimately envisioned. This site is wedged between US 1 and Old Dixie Highway with the CSX Railroad and Maschmeyer Concrete —Vero Beach Ready Mix & Block Plant just to the west. The property has great access northbound on US Highway 1 with a left turn lane onto 73rd Street. The CH zoning also allows other commercial uses like quick service restaurants with drive-thru, gas stations, and vehicle storage, and most uses we have considered are permitted by -right. This leaves the door open to potentially carve out an outparcel at the corner with US 1 and 73rd Street. There is an attached list of uses and the differences between CL & CH. The next pages outline the Standards of Review referenced in the Land Development Code. In reviewing the application of a proposed amendment to the text of the land development regulations or an application for a proposed amendment to the official zoning atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: a. Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations; There have not been any conflicts identified. The site will be subject to the site planning process to demonstrate its compliance with LDRs. b. Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan; Chapter 2: Future Land Use (Indian River County 2030 Comprehensive Plan) policy consistency: 259 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area near existing urban centers. This site is within the Urban Service Area and part of a C/I node. Future Land Use Element Policy 1.25: Commercial/industrial nodes shall not be created or expanded to within 1 % miles of an existing commercial/industrial node. This rezoning is not seeking a change to expand the existing CA Node. Future Land Use Policy 1.43 provides specific criteria that Staff, the Planning Board and the Board of County Commissioners may use to determine whether a proposed zoning district is appropriate for a particular site. For the CH, Heavy Commercial zoning district: • along arterial roads — this site is located along US Highway 1 • along railroad tracks — this site is adjacent to the FEC railroad tracks • between general commercial and industrial areas — this site is surrounded by varying commercial and industrial zoning classifications. • separated from residential development - this site is separated from residential development which can be found on the east side of US Highway 1. C. Whether or not the proposed amendment is consistent with existing and proposed land uses; In this location, there is Industrial Zoning west of the tracks, east of the tracks and between US Highway 1, there is a mix of Commercial including Commercial Heavy, General Commercial and Limited Commercial. All these zoning classifications are consistent and in conformance with the C/I Future Land Use. d. Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan; Yes, the amendment would be in compliance with the adopted county thoroughfare plan. The proposed site is sandwiched between US Highway 1 and Old Dixie Highway, with US Highway 1 listed as a Principal Arterial Roadway and Old Dixie Highway is classified as a Major Collector Arterial. e. Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan; While the zoning classification change is to a higher intensity designation, the RV/Boat Storage (Warehouse) use itself has a significantly lower trip generation than many retail or commercial uses. A Traffic Impact Statement comparing the two districts is being prepared and will be submitted under separate cover. Also, as the owner prepares to move into the Site Plan phase, a full traffic impact analysis on the proposed use will be provided. Whether or not there have been changed conditions which would warrant an amendment; This location has been undeveloped since the zoning regulations and Comprehensive Plan were established. As the economic conditions have changed throughout the years, this owner would like to explore rezoning. A storage facility as described on 260 page 1 represents an earnest and substantial investment into this area through the engineering and construction costs. In post -pandemic years, boating and utilizing RVs are some of the most popular recreational and travel options. Sales remain strong for each and given the residential development between Vero Beach and Sebastian this site is primed to serve those needs and the CL Zoning is not favorable for storage. 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; Rezoning does not guarantee any vested rights and during the course of site plan review, the Concurrency application will demonstrate that mandated facilities are available. These include stormwater management, solid waste, wastewater and potable water. Commercial property does not have concurrency requirements, per se, for recreation like residential development. h. Whether or not the proposed amendment would result in significant adverse impacts on the natural environment; The owners have conducted both a Phase I Environmental Review, and an Environmental Impact Report (EIR) on this site. In both cases, nothing remarkable was uncovered while looking specifically at the prior uses of the land and protected species. Prior to any proposed development a full Environmental Impact Assessment will be done, but as the site sits currently, for the rezoning there is not an adverse impact on the natural environment. i. Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; The surrounding land uses provide for logical and orderly pattern of uses as there are several commercial uses found in the immediate area. This rezoning request is also consistent with the Comprehensive Plan. 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; We have not uncovered any conflicts with public interest and is in harmony with the purpose and interest of the land development regulations. 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. In both the 2023 Priority Projects Report and the 2022 Land Use Vision Study for Indian River County MPO, this area is identified for potential right of way dedication to add additional lanes on US Highway 1. The current ADT is 25,000 trips along US I in front of our property, and increasing the lanes from 4 to 6 adds additional justification for the CH zoning in this corridor. 261 At this time, the Project Development and Environmental (PD&E) study is complete, and project design is underway. As the site moves into Site Plan review phase, additional right of way can be finalized. CONCLUSION As submitted, this request is consistent with the goals, policies, and objectives of the Comprehensive Plan, as well as the County's land development regulations. The requested CH zoning district is compatible with the surrounding area. The site is in a location suitable for commercial uses as demonstrated by the varying Commercial and Industrial designations in place. Attachments: • Zoning Maps: Existing and Proposed • ROW Map from MPO • Permitted Use Table 262 TM V �L Q H O U L C co 6 .E 0 N o O Y a W a a a _ o 0 x U K S moo 0 0 01 C 2 2 Z > � Q a U K ai r G U O � _ O O _ 10INGG-D a k o 0 x = r d g O a a a moo 0 0 01 C 2 2 Z > a- fD Q p mm N O v M MX263 (II L _0 LL U a� c 70 c .c 0 N m _ = N !011000 0 �m 00001 11 O p X� 3 3 0 a a 00000 0 7 N i v °u v 1 0 0 f V l a U K ry Q 9 B � g A m N < < m 0267411 7ro'i '>00'EZ-579(9 37fIN N30Nn 037Y35 ONY amok Al7d1f9t0 37ti ]INONA7373 514J. SI 133"5 »ni av vov1aa ry Y2 N N .. Ma Y ,� 5• � C :p? o " 0 / 7•A BIM+�* ' _ •_+� I • � I .. a. � �•^,"�o L, z� Y2 uj W ` �� I� I. • � 'I app 3 m • } � W ■,i p 0C to Q - 191110 07M VOW O37b35 OFro 03ND(S A770'11910 ill! JINOWJV 3H1 Sri 133HS SIMI 40 ON079N 'rWOHIn. -041 �g i a I V V N � �,• of ±� {I .. I � M� I�¢ � •yy� o rz U r 1e-11e111gtti�l Q + I' �� Op 2 �• G u W wu kito 41 II O �yii ( w �oam�, �- W.mWtOg tt x 1 t ( U i gCt�l t W i i z 1a 1 � oe o on ' LU W I UJI 267 268 Section 911.10. Commercial districts. (e) CL: Limited commercial district. The CL, limited commercial district, is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. (f) CG: General commercial district. The CG, general commercial district, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. (g) CH: Heavy commercial district. The CH, heavy commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. (3) Relationship with land use map. The commercial districts may be established in the following land use designations: C/I - Commercial industrial PUB- Public RC - Regional commercial 1 PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations. (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. ... _ `:� k Allowed only in Commercial High (CH) and not in CL. (Supp. No. 148) Page 1 of 9 Created: 2024-01-26 10:00:47 [EST] 269 Commercial Land Use Designation District C/1 PUB RC PRO' X - - OCR X - - MED X - - CN2 - - - CL X X - CG X X X CH X X - C/I - Commercial industrial PUB- Public RC - Regional commercial 1 PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations. (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. ... _ `:� k Allowed only in Commercial High (CH) and not in CL. (Supp. No. 148) Page 1 of 9 Created: 2024-01-26 10:00:47 [EST] 269 USE CL OMt�ict .. _ CH' Agriculture Agricultural Production Horticultural and landscape plants and specialties P P P Kennels and animal boarding - A A Pet-grooming (no boarding) P P P Agricultural Services La senses - P P Commgtial fishery - A P commercial Construction ' )aFtr ` contractors/special trade contractors/constructionyards' - - P Finance, Insurance, Real Estate, Legal Services Ban sP Small-scale banks and credit institutions P P - P Security` commodity brokers P Insurance agents, brokers and service P - Automatic teller machines P P - Real Estate P P - Holding and other investment offices P P - Le al services P P - Services Lodging facilities hotels and motels P: P - Boardinghouses A P - Bed and breakfast A - Membership based hotels - P - Personal Services Laundries and laundromats (excluding drycleaners) R P - Garment pressing and drycleaners drop-off/pickup P P - Linen supply - P P Carpet and upholsterV cleaning - P P Drycleaning plants - - P Photographic studios P - Beauty shops P Barbershops P - $hoe repair P Funeral homes - P - P - Crematoriums - P P Business Services Advertising P P P Credit reporting and collection P P P Mailing, reproduction and stenographic services P P P Equipment rental and leasing P P P (Supp. No. 148) Page 2 of 9 Created: 2024-01-26 10:00:47 rEST) 270 Employment agencies P P P Help supply services - P P Computer and data processing P P P Bail bondsman P P P P - Auto Repair, Services and Parkin Automotive rentals - P P Automobile parking and storage A P P Body and paint shops - - P General automotive repair - P P Carwashes P P P Automotive fluid sales and services (other than gasoline) A P P Miscellaneous Repair Electrical repair P P P Watch, clock, jewelry P P P Reupholsters and furniture - - P Welding - - P Motion Pictures Production and distribution services - P P P - Drive in theaters (unenclosed commercial amusement) - - S P P - Amusement and Recreation Dance studios, school and halls, gyms P P P Q P - Enclosed commercial amusements P P P Unenclosed commercial amusements except miniature golf courses and driving ranges - - S Health and fitness centers P P P Membership sports and recreation P P P Coin-operated amusements P - Miniature golf courses - S A Driving ranges - A A Health and Medical Services Total care facilities P - - - Hospitals - - Medical and dental laboratory P - Home health care services P. P - ecialty outpatient clinics # P - Veterinarian clinic A A A Wholesale Trade Durable goods (not including demolition debris site, junkyards, recycling center) - - P Nondurable goods - - P Recycling center (including vegetation debris mulching) - - A Retail Trade (Supp. No. 148) Page 3 of 9 Created: 2024-01-26 10:00:47 [EST] 271 Convenience stores P P P Building materials and garden supplies - A P Paint, glass and wallpaper stores P P P Hardware stores P P P Retail nurseries and garden supplies P P P Model mobile home display - A P Mobile home trailer sales - - A General Merchandise P P - - Flea market - - A Auction facilities, unenclosed - - A Auction facilities, enclosed - P P Used merchandise (including pawn shops) P P P Food Stores Grocery stores P - Meat and fish markets P - Fruit and vegetable markets P Candy, nut and confectionery stores P Dairy product stores P - Retail bakeries P - Automotive Dealers and Services New and used cars dealers - P P Used vehicle sales - S A Auto and home supply stores P P P Gasoline service stations A P P Boat sales and rentals - A P Recreational vehicle sales - A A MotorcVcle dealers P P Automotive fuel sales A P P Commercial marina - A P Marine repair and service - A P Apparel and Accessory Stores P - Furniture and Home Furnishings Furniture and home furnishing stores A P P Small-scale home furnishings showrooms (excluding furniture and major appliances) P P P Household appliance stores A P P P Eating and Drinking Establishments Restaurants P P P Carry out restaurants P P P Drive through restaurants - P P Bars and lounges S P P Bottle clubs - S A Miscellaneous Retail P - (Supp. No. 148) Page 4 of 9 Created: 2024-01-26 10:60:47 [EST] 272 Liquor stores Miscellaneous shopping oods _ P -- Florist P: - News stan" s P .. . Sporting good Optical goods P Gift stores �' P Book and Catalogue and mail order house - P P Fuel Dealers = .: P Food and Kindred Products Fruit and vegetable packing houses.....: A Fruit and vegetable juice extraction. Community Services Educational Services Educational centers includin opryqpd sec Colleges and universities A A - braries P . - "' I, technical and business Institutional dividual and family services P, - Job training services „ . P P-: ::. P ild care and adult care P - &WjjjjjjWEd, including nursing homes and rest homes S - Residentiai treatment center S . ._ S S Plape of worship P P. P. Group homes.. sidential centers),....... S S. 5. Adult:congre to living facility f21+residents S S S ultura� ar~d Civic Facilities .... ......... F ..... - bership organizations P Public Administration . ove: mt administrative buildings P - Courts - Emergency services P., P , `P Industrial Printing and, P :P Chemicals and Plastics R r P AmanufsGturingj _ _ Trucking terminals - P Self-service storage facilities S A P Outdoor storage - A Vehicle storage lot (paved/un aved)3 - - P Post Office P P P Water transport services - - P Air transport services - - P Pipelines - - P Heliport/helipad - S Recycling centers - - A Freight transport arrangement - P P P Communications Telephone and telegraph P P P Radio and television broadcasting P P P Cable and pay T.V. P P P Communications towers (wireless facilities) As As As Communications towers (non -wireless facilities)' Amateur radio (accessory use) Less than 80 feet P P P 80 feet or taller (see 971.44(4) for special criteria) S S S Commercial Up to 70 feet: Camouflaged P P P Non -camouflaged P P P 70 feet to 150 feet: Camouflaged A A A Monopole (minimum of 2 users) A A A Not camouflaged and not monopole S S S Over 150 feet: All tower types (see 971.44(1) for special criteria) - - - Public and private utilities, limited A A A Public and private utilities, heavy - - S Residential Uses Single-family dwelling - - - Duplex - - - Multifamily dwelling A - Accessory housing (watchman) -I P P = Permitted use A = Administrative permit use S = Special exception use 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. (Supp. No. 148) Page 6 of 9 Created: 2024-01-26 10:00:47 [EST] 274 2The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 5 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. (5) Accessory uses and structures as provided in Chapter 917. (6) Required improvements. All future subdivisions and site plans for development in commercial districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County, Florida. District PRO OCR MED CN CL CG CH Bikeways x x x x x x x Sidewalks x x x x x x x Streetlights x x x x x x x (7) Size and dimension criteria: (Supp. No. 148) Page 7 of 9 Created: 2024-01-26 10:00:47 [EST] PRO OCR MED CN CL CG CH Min. Lot Size sq. ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Min. Lot Width ft. 100 100 100 100 100 100 100 Min. Yards ft. Front 25 25 25 25 25 25 25 Rear 25 20 20 20 10 10 10 Side 20 20 20 20 10 10 10 Max. Building Coverage % 35 40 40 40 40 40 40/50* Min. Open Space % 35 35 30 30 25 25 20 Max. Building Height ft. 35 35 35 35 35 35 35 Residential District Regulations RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 RM -8 Hotel and motel minimum square feet of land area per unit 1200 1200 1200 1200 (Supp. No. 148) Page 7 of 9 Created: 2024-01-26 10:00:47 [EST] Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (MED, CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR "Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent. (8) Required buffer yards: Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g., grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, an eight -foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. (9) Special district requirements. (a) PRO—Professional office district. 1. Location and land use. (Supp. No. 148) a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map. b. The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan. Page 8 of 9 Created: 2024-01.26 10:00:47 [EST] 276 AbuttingUse/District District Single -Family Buffer Type Multi -Family Buffer T pe PRO C - 6 ft. Opaque C - 3 ft. Opaque OCR C - 6 ft. Opaque C -.3 ft. Opaque MED C - 6 ft. Opaque C - 3 ft. Opaque CN B - 6 ft. Opaque C - 6 ft. Opaque CL B - 6 ft. Opaque C - 6 ft. Opaque CG B - 6 ft. Opaque C - 6 ft. Opaque CH B - 6 ft. Opaque B - 6 ft. Opaque Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g., grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, an eight -foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. (9) Special district requirements. (a) PRO—Professional office district. 1. Location and land use. (Supp. No. 148) a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map. b. The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan. Page 8 of 9 Created: 2024-01.26 10:00:47 [EST] 276 District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2%:) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria: a. The parcel(s) abuts a commercial node or corridor; and b. The parcel(s) is located within a substantially developed area; and C. The parcel(s) is located in an area dominated by nonresidential uses. District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway. (b) CN -Neighborhood commercial district. Land use and location. The CN, neighborhood commercial, district has been established on various sites throughout the county that are designated AG -1, AG -2, AG -3, R, L -I, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded. 2. Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 6, 8, 2-27-91; Ord. No. 91-48, §§ 20, 22, 23, 12-4-91; Ord. No. 92- 11, §§ 3, 14, 24, 4-22-92; Ord. No. 92-39, § 8, 9-29-92; Ord. No. 93-8 §§ 13, 18, 3-18-93; Ord. No. 93-29, §§ 5D, 11C, 9-7-93; Ord. No. 94-1, § 2E, 1-5-94; Ord. No. 94-25, §§ 1, 13, 8-31-94; Ord. No. 96-24, § 6,12-17-96; Ord. No. 97- 16, § 3(5), 5-6-97; Ord. No. 97-21, § 4(A), 7-15-97; Ord. No. 97-29, §§ 2(A), 6, 12, 12-16-97; Ord. No. 98-9, § 9, 5-19- 98; Ord. No. 99-13, § 7A, 5-5-99; Ord. No. 2000-039, § 1, 11-21-00; Ord. No. 2002-016, § 1E, 4-2-02; Ord. No. 2002- 031, § SE, 11-12-02; Ord. No. 2003-004, § 1, 2-4-03; Ord. No. 2010-017, § 1, 10-5-10; Ord. No. 2012-016, §§ 4, 7E, 8, 9, 7-10-12; Ord. No. 2015-005, § 1, 6-2-15; Ord. No. 2018-022, § 1, 9-18-18; Ord. No. 2022-014, § 2, 12-6-22) (Supp. No. 148) Page 9 of 9 Created: 2024-01-26 10:00:47 [E57] 277 ATTACHMENT 4 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 4.20 ACRES LOCATED AT THE NORTHWEST CORNER OF HIGHWAY US 1 AND 73RD STREET, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners publish and send its Notice of Intent to rezone the WHEREAS, the Board of County rezoning request, at which parties in interest WHEREAS, the Board of conformance with the NOW, Indian River County, Flika, that Indian River County, Florida, River County, Florida, did property; and a public hearing pursuant to this heard; and determined that this rezoning is in River County. by the Board of County Commissioners of zoning of the following described property situated in THAT PORTION OF THE WEST 10 ACRES LYING WEST OF U.S. NO. 1 IN THE SOUTH HALF OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT RIGHT OF WAY FOR NEW U.S. HIGHWAY NO. 1, AS RECORDED IN O.R. BOOK 105, PAGE 431, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; ALSO LESS AND EXCEPT THAT PORTION CONVEYED TO RUFUS MCDANIEL AND ERMA LEE MCDANIEL, HIS WIFE, AS RECORDED IN OFFICIAL RECORD BOOK 420, PAGE 133, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING: 182,992 SQUARE FEET OR 4.201 ACRES, MORE OR LESS is changed from CL, Limited Commercial District to CH, Heavy Commercial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. 278 ATTACHMENT 4 ORDINANCE NO. 2024 - 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 day of, 2024. This ordinance was advertised in the Press -Journal on the day of , 2024, for a public hearing to be held on the day of , 2024 at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Susan Adams, Chairman Joseph H. Earman, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST: Ryan L. Butler, BY Deputy Clerk: This ordinance was filed with Court and Comptroller epartment of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer W. Shuler, County Attorney APPROVED AS TO PLANNING MATTERS Christopher Balter, Planning & Development Services Director 279 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, November 14, 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; Ms. Beth Mitchell, District 1 Appointee; Mr. Mark Mucher, District 5 Appointee; Mr. Calvin Reams, District 3 Appointee; Mr. Jordan Stewart, Member -at -Large; and Mr. Chip Landers, Alternate Member. Vice Chairman Mr. Todd Brognano, Member -at -Large; Mr. Robert Votaw, District 2 Appointee; and Ms. Teri Barenborg, non-voting School Board Liaison were absent. Also present were IRC staff members: Ms, Susan Prado, Deputy County Attorney; Mr. Chris Baiter, Planning & Development Services Director; Mr. Ryan Sweeney, Assistant Planning and Development Services Director; Mr. Brandon Creagan, Chief of Current Development; Ms. Cindy Thurman, Senior Planner of Long Range Planning; and Recording Secretary, Ms. Lisa Plesnarski, Commissioner Assistant. Call to Order and Pledge of Allegiance Chairman Jonathan Day called the meeting to order at 6:00pm. All stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none. Approval of Meeting Minutes Approval of the October 24, 2024 meeting minutes. ON MOTION BY Calvin Reams, SECONDED BY Beth Mitchell, the members voted unanimously (6-0) to approve the October 24, 2024 meeting minutes as presented. Public Hearings Chairman Day read the following: 4A. Emerson Oaks PD: Request for modified conceptual planned development (PD) plan and PD rezoning approval, and concurrent preliminary PD plan/plat approval for a 171- PZC Unapproved Meeting Minutes November 14, 2024 280 lot single family residential development. Pulte Home Company, LLC, Applicant. BGE, Inc., Agent. Zoning: A-1, Agriculture -1 (up to 1 unit per 5 acres). Land Use Designations: 4.8 acres of AG -1, Agriculture -1 (up to 1 unit per 5 acres), 78.79 acres of L-1, Low -Density Residential -1 (up to 3 units/acre). Proposed Density: 2.38 Units/Acre. (PD -24-03-01 / 2021040075-96000) [Quasi -Judicial]. Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Assistant Planning and Development Services Director Ryan Sweeney gave an analysis of the request for modified conceptual planned development (PD) plan and PD rezoning approval, and concurrent preliminary PD plan/plat approval for a residential development to be known as Emerson Oaks PD and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners Office (BCC Office). Mr. Sweeney ended his presentation by recommending that the PZC grant preliminary PD plan/plat approval, subject to the BCC approval of the modified conceptual PD plan and special exception request, and recommend that the BCC grant modified conceptual PD plan and special exception approval for Emerson Oaks PD with the conditions listed in the staff report. Chairman Day asked if there were any Commissioner questions. f Ms. Mitchell asked' for some more detail about the applicant's public benefit contribution to the future 17th Street SW bridge crossing. Mr. Sweeney said the applicant has agreed to contribute a share of the cost to fund the future 17th Street SW bridge crossing and that a percentage of cost is agreed upon rather than a dollar amount. Mr. Sweeney also spoke about the right-of-way (R.O.W.) dedications from the project frontage on 13th Street SW, 17th Street SW, and 431d Avenue SW and explained the amount of dedicated R.O.W. is more than required. Deputy County Attorney Ms. Susan Prado brought attention to the condition that the applicant dedicate a conservation easement in favor of the County and reminded the applicant this should be done through a separate conservation easement prior to the final plat process and a maintenance agreement put in place with environmental planning staff. Ms. Prado noted this should be done at the time the plat is recorded, or prior, and it be recorded and referenced on the plat. Mr. Landers asked about the access off 17th Street SW and its proximity to 43rd Avenue. Mr. Sweeney said it may not appear exactly to scale on the map shown and explained the distance meets the intersection spacing requirements. Chairman Day opened the Public Hearing and asked if there were any public comments. PZC Unapproved Meeting Minutes 2 November 14, 2024 281 Mr. Jim Vitter with BGE, Inc., the engineer of record, was present. Mr. Vitter said he was available along with the property owner, developer, and traffic engineer to answer any questions. Mr. Landers commented about the minimal lot sizes, noting the change in PD standards. Mr. Sweeney clarified the distances of ten and fifteen feet between lots. There being no further public comments Chairman Day closed the public hearing. Chairman Day called for a motion. ON MOTION BY Jordan Stewart, SECONDED BY Beth Mitchell, the members voted unanimously (6-0) to approve the Request for modified conceptual planned development (PD) plan and PD rezoning approval, and concurrent preliminary PD plan/plat approval for a 171 -lot single family residential development to be known as Emerson Oaks PD with the conditions listed in the staff report on this Quasi -Judicial matter. Chairman Day read the following: 4B. Hunter's Grove PD: Request for conceptual planned development (PD) plan and PD rezoning approval, and concurrent preliminary PD plan/plat approval for a 170 -unit multi- family residential development. Randolph Construction Group, Inc., Applicant. MBV Engineering, Inc., Agent. Zoning: RS -6, Residential Single -Family (up to 6 units/acre). Land Use Designation: M-2, Medium -Density Residential -2 (up to 10 units/acre). Proposed Density: 9.04 Units/Acre. (PSD -;23-07-03 / 2004050087-94636) [Quasi - Judicial]. Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none. The secretary administered the'estimonial oath to those present who wished to speak. IRC Chief of Current Development Mr. Brandon Creagan gave an analysis of the Request for conceptual planned development (PD) plan and PD rezoning approval and concurrent preliminary PD plan/plat approval for a 170 -unit multi -family residential development and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners Office (BCC Office). Mr. Creagan ended his presentation by recommending that the PZC grant preliminary PD plan/plat approval, subject to the BCC approval of the PD rezoning and conceptual PD plan request, and recommend that the BCC grant PD rezoning and conceptual PD plan approval for Hunter's Grove PD with the conditions listed in the staff report. Chairman Day asked if there were any Commissioner questions. Mr. Landers noted concessions granted to the developer in the approval process and questioned if there was an increase in public benefit or benefit to the County. Mr. Landers asked if there was anything, such as a fence, in addition to the landscape buffer between PZC Unapproved Meeting Minutes 3 November 14, 2024 282 the subject property and the adjacent school. Mr. Creagan responded that there was not and explained the planned landscape buffer exceeded requirements. There was discussion about the absence of a fence around the stormwater pond in regard to safety. Chairman Day opened the Public Hearing and asked if there were any public comments. Mr. Aaron Stanton of MBV Engineering, Inc., the engineer of record, was present representing the applicant and said he was available to answer any questions. There was some brief discussion about fencing around the stormwater pond. There being no further comments, Chairman Day closed the Public Hearing. Chairman Day called for a motion. Mr. Landers made a motion to accept staffs recommendation with the conditions listed in the staff report and the additional requirement of adding a fence or barrier between the stormwater pond and housing units. ON MOTION BY Chip Landers, SECONDED BY Beth Mitchell, the members voted unanimously (6-0) to approve the Request for conceptual planned development (PD) plan and PD rezoning approval and concurrent preliminary PD plan/plat approval for a 170 -unit multi -family residential development to be known as Hunters Grove PD with the conditions listed in the staff report on this Quasi -Judicial matter. Chairman Day read the following: 4C. Kennedy Oslo 27 Rezoning: Kennedy Oslo 27, LLC's Request to Rezone Approximately ±2.90 Acres from CL, Limited Commercial District to CG, General Commercial District (2005120295-96912) [Quasi -Judicial] Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Senior Planner of Long Range Planning Ms. Cindy Thurman gave an analysis of the Request to Rezone Approximately ±2.90 Acres from CL, Limited Commercial District to CG, General Commercial District and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners Office (BCC Office). Ms. Thurman ended her presentation by recommending that the PZC recommend the Board of County Commissioners grant approval of this request to rezone the subject property from CL to CG. Chairman Day asked if there were any Commissioner questions. PZC Unapproved Meeting Minutes 4 November 14, 2024 283 Mr. Reams asked if the property is currently on the market for sale. Mr. Baiter deferred to the applicant. Ms. Mitchell asked for more information about changed business climate conditions indicated the staff report. IRC Planning & Development Services Director Mr. Chris Baiter explained there has been a change to the overall business market after Covid and the re -zoned category has allowable uses which are more flexible. Mr. Mucher spoke about the high visibility of the subject property and asked if construction of storage units would be allowed. Mr. Baiter responded that there is a low feasibility of storage units being built at the location due to the small size of the property. Mr. Baiter reminded the Commissioners of protocol and that potential uses should not be considered when deciding upon re -zoning requests. Deputy County Attorney Ms. Susan Prado also reminded the Commissioners that they should not anticipate future uses but determine compatibility based upon the most intense possible use. Ms. Prado explained the Commissioners can deny the request if they find it to be incompatible with the Comprehensive Plan or with public health and safety. In response to a question from Mr. Landers, Mr. Baiter explained there are specific policies within the Comprehensive Plan that limit the proximity of CG zoning to residentially zoned property. Chairman Day opened the Public Hearing and asked if there were any public comments. Mr. Goeff Barkett with Schulke, Bittle, & Stoddard, LLC was present along with Mr. T.P. Kennedy and said he was available to answer any questions. Mr. Kennedy said the end use is yet to be determined but hopes the rezoning will allow for more diverse uses. Mr. Barkett said a storage facility is not anticipated. Ms. Mitchell asked Mr. Kennedy to describe what he felt were the change in business conditions. Mr. Kennedy said he owns the ten acre parcel and noted it includes dedicated conservation land. Mr. Kennedy said the reason for his request is that CL zoning does not allow a drive-through and he wants to improve options for a business such as a restaurant or bank. There being no further comments, Chairman Day closed the Public Hearing. Chairman Day called for a Motion. ON MOTION BY Beth Mitchell, SECONDED BY Jordan Stewart, the members voted unanimously (6-0) to recommend the BOCC approve the Request to Rezone Approximately ±2.90 Acres from CL, Limited Commercial District to CG, General Commercial District on this Quasi -Judicial matter. Chairman Day read the following: 4D. HF Properties Rezoning: HF Properties, LLC's Request to Rezone Approximately ±5.55 Acres from CG, General Commercial District to CH, Heavy Commercial District (2004050052-97160) [Quasi -Judicial] PZC Unapproved Meeting Minutes November 14, 2024 284 Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Senior Planner of Long Range Planning Ms. Cindy Thurman gave an analysis of the Request to Rezone Approximately ±5.55 Acres from CG, General Commercial District to CH, Heavy Commercial District and gave a Powerpoint presentation, copies of which are on file in the Board of County Commissioners Office (BCC Office). Ms. Thurman ended her presentation by recommending that the PZC recommend the Board of County Commissioners grant approval of this request to rezone, the subject property from CG to CH. Chairman Day asked if there were any Commissioner questions. In response to a question from Mr. Mucher about the possibility of a storage facility being constructed, Mr. Balter explained that future potential uses are not to be taken into consideration when deciding upon requests for rezoning. Mr. Mucher asked if there was a shortage of heavy commercial zoned property. Mr. Balter said the property owner and engineer have discussed the possibility of constructing contractor trade offices of which there has been a shortage. Mr. Stewart asked Mr. Balter if there is anything in the County Ordinances prohibiting construction of storage facilities in highly visible areas. Mr. Balter responded there is not, and added that there is a 3 acre threshold in some other zoning categories. Chairman Day opened the Public Hearing and asked if there were any public comments. Mr. Wesley Milts with Mills, Short, & Associates, the engineer of record, was present representing the applicant and property owner, Mr. Neil Hockenhull, who was also present. Mr. Mills saidthere is currently no end use planned but they want to expand possibilities for potential uses. Mr. Mills said he does not foresee a self storage facility as a use for the property at this time. There being no further comments, Chairman Day closed the Public Hearing. Chairman Day called for a Motion. ON MOTION BY Calvin Reams, SECONDED BY Chip Landers, the members voted unanimously (6-0) to recommend the BOCC approve the Request to Rezone Approximately ±5.55 Acres from CG, General Commercial District to CH, Heavy Commercial District on this Quasi -Judicial matter. Chairman Day read the following: PZC Unapproved Meeting Minutes 6 November 14, 2024 285 4E. Red Jazmine Rezoning: Red Jazmine Land Company, LLC's Request to Rezone Approximately ±4.20 Acres from CL, Limited Commercial District to CH, Heavy Commercial District (2006080087-96914) [Quasi -Judicial] Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Senior Planner of Long Range Planning Ms. Cindy Thurman gave an analysis of the Request to Rezone ±4.20 Acres from CL, Limited Commercial District to CH, Heavy Commercial District and gave a Powerpoint presentation, copies of which are on file in the Board of County Commissioners Office (BCC Office). In conclusion, Ms. Thurman stated that the requested CH zoning district is not compatible with the surrounding area as there are no other CH zoned properties within the vicinity, that the requested CH zoning district is not consistent with the goals, objectives, and locational criteria outlined in Policy 1.43 of the Comprehensive Plan, and is not situated in an area suitable for heavy commercial (CH) uses. Ms. Thurman ended her presentation by recommending that the PZC recommend the BOCC deny the request for rezoning. Chairman Day asked if there were any Commissioner questions. Ms. Mitchell asked for an explanation of protocol and potential outcomes of the Planning & Zoning Commission's decision when staff recommends denying an applicant's request. Ms. Prado explained that the Planning & Zoning Commission members should consider staff's presentation and the competent and substantial evidence provided when deciding to grant or deny the request, and the members should be able to explain the reasons for their decision when making their motion. Ms. Prado said if the Planning & Zoning Commission decides to grant the applicant's request, the item will then go to the BOCC for their consideration. Ms. Prado referred to County Code 902.12(4)(c,d) which talks about denial of applications and said if the Planning & Zoning Commission denies the request, the applicant could appeal the decision to deny to the BOCC. Ms. Prado noted the applicant has 21 days from the issuance of denial to appeal a decision. Mr. Stewart asked about the nearby commercial land that abuts the railroad. Ms. Thurman explained there is a small piece of property that abuts the railroad tracks between the subject property and the railroad tracks and said the subject property does not meet the locational criteria because of the parcel's location and adjacent right-of-way. Mr. Baiter showed the location map for reference and clarified the location of a separate legal nonconforming residential parcel. Mr. Baiter said that this property existed prior to the application of the CL rezoning classification and he explained the requirement to design around the pre-existing structure. Chairman Day opened the Public Hearing and asked if there were any public comments. The secretary administered the testimonial oath to those present who wished to speak. PZC Unapproved Meeting Minutes 7 November 14, 2024 286 Ms. Rebecca Grohall of MBW Engineering, Inc. was present on behalf of the applicant and introduced owner Mr. Damian Brink who was also present. Ms. Grohall asked to review some points brought up during staff's presentation. Ms. Grohall showed the location of the subject parcel on a zoning map for reference and noted the location of some recently granted rezoning requests. Ms. Grohall also showed a map of the location of the future right-of-way dedication. Ms. Grohall spoke about the C/I node and the mix of commercial and industrial uses and gave the opinion that the current zoning does not match the demand for property. Ms. Grohall also spoke about the nonconforming residential property referenced in staff's presentation and said they would be willing to provide an adequate buffer. Mr. Santiago Ares of 7405 36th Court was present. Mr. Ares said he lives in a nearby residential community and also owns a CL zoned lot across the street by US Highway 1. Mr. Ares stated that he felt a change in zoning could affect both properties. Mr. Ares asked the Commissioners to think about the broad purpose of CH zoning being in close proximity to a residential community. Mr. Andrew Elie was present and explained he owns the adjoining property at 3890 73rd Street. Mr. Elie said the possibility of zoning being changed to Heavy Commercial makes him feel vulnerable to any future businesses and asked the Planning and Zoning Commissioners to deny the request. Ms. Donna Richards Of 7360 36' Court was present and explained she lives in the community of 25 homes located across the street from the subject property on US Highway 1. Ms. Richards said they already experience noise from trains and she hopes heavy commercial would be denied. Ms. Richards said this sentiment is shared by her community. Ms. Richards said she hopes for beautification of US Highway 1 instead of having heavy commercial along this road. Mr. Mark Elie of 3890 73rd Street was present and described the location of his home as near the existing restaurant mentioned in the staff report. Mr. Elie said this is his home and asked the Planning & Zoning Commissioners to deny the request because they are already concerned with the issue of noise. Mr. Damian Brink, owner of the subject property was present. Mr. Brink gave the opinion that commercial uses belong in this area of the County. Mr. Brink said the property is closer to the industrial cement plant than other properties immediately to the South that were recently recommended for zoning changes to Heavy Commercial. Mr. Brink said anything built would have appropriate buffers and would not be intensive to surrounding properties. Mr. Brink gave the opinion that any buildings constructed would buffer railroad noise. Mr. Brink said he feels development will move north up US Highway 1 and that the subject property is under zoned and a higher commercial use would be more appropriate. Mr. Brink asked the Commissioners to consider these points when making their decision. PZC Unapproved Meeting Minutes 8 November 14, 2024 287 Mr. Reams asked if the property presented for a request to rezone at a public hearing earlier this evening abutted this subject property. Ms. Grohall clarified it is separated by one parcel. There being no further comments Chairman Day closed the Public Hearing. There being no further commissioner questions, Chairman Day called for a motion. Mr. Landers made a motion for staff's recommendation to deny the request for rezoning due to incompatibility with surrounding land uses as referanced_in staff report. ON MOTION BY Chip. Landers, SECONDED BY Beth Mitchell, the members voted unanimously (6-0) to recommend the BOCC deny the Request to Rezone ±4.20 Acres from CL, Limited Commercial District to CH, Heavy Commercial District on this Quasi -Judicial matter. A ten minute break was taken during this time 7:28pm. Chairman Day read the following: 4F. Wabasso Pointe Rezoning: onald C Proctor Sr. & CJB Holdings Limited Partnership's Request to Rezone Approximately ±22.28 Acres from CG, General Commercial District to OCR, Office, Commercial, Residential District (2023060145- 97024) [Quasi -Judicial] Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none. The secretary administered the testimonial oath to those present who wished to speak. IRC Senior Planner of Long Range Planning Ms. Cindy Thurman gave an analysis of the Request to Rezone Approximately ±22.28 Acres from CG, General Commercial District to OCR, Office, Commercial, Residential District and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners Office (BCC Office). In conclusion, Ms. Thurman stated that the requested OCR zoning district is not compatible with the surrounding area development pattern, does not align with the goals of the Comprehensive Plan, and is not situated in an area suitable for transitional zoning. Ms. Thurman ended her presentation by recommending that the PZC recommend the BOCC deny the request for rezoning. Chairman Day asked if there were any commissioner questions. There were none. Chairman Day opened the Public Hearing and asked if there were any public comments. PZC Unapproved Meeting Minutes November 14, 2024 288 Mr. Pete Sweeney, Esq. of Block & Scarpa was present on behalf of the applicant. Mr. Sweeney gave a presentation and stated reasons why he felt the request to rezone should be granted. Mr. Sweeney showed an aerial map of the subject parcel and pointed out the zoning classifications of the surrounding area. Mr. Sweeney showed a nearby parcel zoned OCR and discussed potential allowable uses of this zoning classification. Mr. Sweeney gave the opinion the subject parcel is currently incorrectly zoned as CG general commercial and made a counter argument for the reasons staff gave for recommending denial. Mr. Sweeney presented a letter of support for the change to OCR written by Dr. David Moore, Superintendent of the Indian River School District. Mr. T.P. Kennedy of 3906 Sabal Palm Drive was present and explained he has worked on this property for over seven years. Mr. Kennedy said he had several discussions with staff and has attempted to present different ideas for changing the zoning designation. Mr. Kennedy stated the opinion that residential is the best fit for the property and that affordable housing could be an option, noting the location of the Wabasso School to the south. Mr. Kennedy spoke about the DR Horton townhome development located across the street and said he feels there is precedence and that a change in zoning would be contiguous with the area. Mr. Kennedy said the requested change would be a lower density use than general commercial and asked the commissioners to support the request. Mr. Chris Marine, Esq. with Gould, Cooksey, Fennell spoke and said he represents the property owners who were also present. Mr. Marine said the subject property was formerly used as a citrus grove and has been owned in Trust for over 40 years. Mr. Marine said he believes the property's lack of development is due to an incorrect zoning designation and stated some reasons why he disagrees with staff's analysis. Mr. Marine said there is no intention for commercial development. Mr. Marine noted that the property on US Highway 1 across from the subject property, Orchid Reserve, is a new residential development by DR Horton Homebuilders. Mr. Marine concluded by asking the commissioners to grant the request. Mr. Donald C. Proctor of 218 Rudder Rd. was present and said he has been an Indian River County resident for over 50 years and has built many residential units in IRC. Mr. Proctor said there are people who work in IRC who can't afford to live here and this development may create some affordable housing options. Mr. Proctor also said residential development would be a good buffer for the adjacent Wabasso School and asked for the commissioner's support in granting the request. Chairman Day asked if there were any commissioner questions. Mr. Reams asked for some clarification of the property location. Mr. Stewart asked how many schools in IRC are located in a commercially zoned district. Mr. Balter said he did not know a number but said it was allowable. In reference to multi -family being allowed in the zoning of CG and underlying CI land use designations, Mr. Balter said multi -family is only allowed in the General Commercial zoning district as an accessory to a permitted commercial use and must be accessory to PZC Unapproved Meeting Minutes 10 November 14, 2024 289 that use, therefore, a stand alone multi -family development would not be allowed. Mr. Balter said the Urban Service Boundary (USB) final recommendation report is currently in draft form. Mr. Balter said the discussion directed by the BOCC recommended a look at the existing densities and intensities within the existing USB for properties which are correctly zoned for their uses, and does not take into account any rezoning of the subject parcels. Mr. Balter explained he is the former SHIP program administrator and staff liaison to the Affordable Housing Advisory Committee and understands the need for affordability in our community. Mr. Balter spoke about the Florida Live Local Act and said staff would support it at the subject location. Mr. Balter said this was discussed as an option with the property owners because that is what staff could support within the criteria of the existing Comprehensive Plan. Mr. Balter explained the purpose of node perimeters is to ensure compatibility and proper transition between use intensities. Ms. Prado clarified the exact language of the Comprehensive Plan Policy 1.43 as to what the commissioners may consider and upon what to base their determination. Mr. Proctor said the Wabasso school is a specialty school and gave the opinion that residential would be most appropriate for location next to the school. Mr. Proctor thanked the commissioners for their time. Ms. Prado asked Mr. Proctor if there was a reason the Love Local Act was not being used. Mr. Sweeney responded by saying Live Local is a site development application, not a rezoning request. Ms. Prado advised the commissioners that any testimony about potential future uses should not be taken into consideration and the only factor that should be taken into consideration is the most intensive use for the requested zoning district. Ms. Prado directed the commissioner's attention to the criteria outlined in section 902.12 of the County Code, subsection 3 Standards of Review, A through K. Mr. Stewart commented that he sees vacant land in the area of the subject parcel that seems unable to be put to good use. There being no further comment, Chairman Day closed the Public Hearing. Mr. Kennedy said the staff report indicated there were no offices in the surrounding area, but stated that is incorrect, and asked for it to be noted that Travis Whitfield's office is located across the street from the subject parcel. Ms. Mitchell made a motion to approve staff's request to deny the request for rezoning due to incapability with the Comprehensive Plan as indicated in the concluding statement of the staff report. Ms. Mitchell said she wanted to acknowledge staff's effort and she hopes the issues can be resolved between the applicant and staff. The motion failed for lack of a second. Mr. Stewart made a motion to recommend the BOCC approve the request. Mr. Stewart said he believed the change in zoning is compatible with surrounding area development and gave the opinion it was suitable for a transition in zoning. The motion was seconded by Mr. Landers. ON MOTION BY Jordan Stewart, SECONDED BY Chip Landers. OPPOSED by Beth Mitchell. The members voted (5-1) to recommend the BOCC approve the Request to Rezone Approximately ±22.28 Acres from CG, General Commercial PZC Unapproved Meeting Minutes 11 November 14, 2024 290 District to OCR, Office, Commercial, Residential District on this Quasi-Judicial matter. Commissioner Matters There were none. Planning Matters There were none. Attorney's Matters There were none. Adjournment There being no further business, the meeting was adjourned at 8:56pm. PZC Unapproved Meeting Minutes 12 November 14, 2024 291 Il �� Sv brkLH Po( o pvb(r� January 16, 2025 Chairman of the County Commission, Joseph E. Flescher, I am writing this letter to the Board of County Commissioners to voice my support for the rezoning of Red Jazmine Land Company's property located at the NW corner of US Hwy 1 and 73th Street from CL to CH. As everyone on the Board is aware, US Hwy 1 will be widened in the future to become a six lane highway. Every property anywhere close to US Hwy 1 along this corridor will be subject to the numerous side effects of this major thoroughfare, including properties already developed. I might also mention that the brightline train adds significantly to those side effects and again supports having properties between the tracks and US Hwy 1 zoned to accommodate higher uses. With the amount of housing projects currently being developed just West of the railroad track, as well as all of the proposed housing projects currently in permitting, there is very little CH zoned property available to accommodate the businesses that will be needed to service all of those neighborhoods. This alone lends itself to having properties along the corridor zoned in a manner that is befitting a higher use. Regards, Neil Hockenhull HF Properties, LLC 01/28/2025 Item 11.A.2. Indian River County Board of County Commissioners January 28, 2025 Red Jazmine Land Company, LLC's. Rezoning Request from Description & Conditions The property contains +4.20 acres and is located along the U.S. Highway 1 corridor at the northwest intersection of U.S. 1 and 731d Street. Seventy third street is a key connector linking the established limited commercial node to accommodate convenience -oriented retail needs for the nearby residents. The surrounding land use pattern consists of a mixture of commercial to the north, industrial land to the west across the FEC railroad tracks and Old Dixie Highway. With sparse development and limited existing retail commercial service uses which are usually established in clusters or shopping centers. • Within a two-mile radius along the U.S. Highway 1 corridor, there are undeveloped properties zoned CG, general commercial and CH, Heavy commercial to the north and south of the subject property. • Notably the property does not directly abut the FEC railroad tracks; is it separated by another CL -zoned parcel. Similarly, it does not border Old Dixie Highway. • The nearest IG, General Industrial zoned property is situated west, buffered by additional CL -zoned property, Old Dixie Highway, and the FEC railroad tracks. 1 Description' & c hnditi s --------------M1s rs t • Subject property*is in a CL area ' shown in light pink. • No presence of CH in the area or rrH' emerging CH zoning pattern amongst the recent zonings as demonstrated on corridor map. • CH parcels located farther along 7355 US MW t� CLto CH the corridor are buffered by — — industrial or general commercial ccj areas and meet the "�' t 7s5ousHwr, CL to CG '- Comprehensive Plan criteria policy 1.43. RSA RS -1 RS -6._ . .. M5us Hv t w 59TH ST (N MWERtl ) GG to CH r7 ' 01/28/2025 Item 11.A.2. t 'ML 0 n rry • N CL, Limited Commercial District — Existing Zoning • Intended to provide for areas of development of restricted commercial activities. • Intended to accommodate the convenience retail and service needs of area residents while minimizing the impact of such activities on any nearby residential areas. • No drive throughs are permitted. • No outside activities or storage is permitted. units/a '#25 Front -10 Rear -0/10 Side 01/28/2025 Item 11.A.2. CH, Heald Commercial District - Proposed Zoning • Heavy Commercial Zoning District • Intended to provide for areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. • Provides for support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. Rezoning Request is Consistent with C/I Future Land Use Designation • Part of an established Commercial/Industrial future land use node. • The Commercial/Industrial future land use designation is intended to provide areas for the development of industrial and commercial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Located along major transportation routes and separated from residential areas. • No Future Land Use Amendment change is proposed as part of this request. 4 Cha E Subject to changed c '� exist that warrant an amendment? Does Not Meet While the Cr(teria developm r within two milesof this location, outside of an area already established as CL, limited commercial, are undeveloped CG and CH properties. The introduction would interrupt existing conditions. The applicant maybe required to pay connection customary fees. A more detailed concurrency revte , "- # xtr Y,�v ° y , conducted during the development review pro.. M": , Existing CL Zoning District: `= Proposed CH Zoning District Most intense under Existing Most intense under Proposed r 902.12 (3) continued conflict with the public interest and is in harmony with the purpose >and interest of the land development regulations. 01/28/2025 Item 11.A.2. The property is developed with an existing restaurant at the north end and is otherwise undeveloped. When development is proposed, a more detailed environmental analysis based on the site-specific 61"' The is onsistent with the Comprehensive 19 ria how is not in harmony with the surrounding zoning districts and would disrupt the existing »; 00 development pattern. Lack of compatibility undermines the goal of achieving an orderly patt4w Does Not Meet The request to heavy commercial would introduce Criteria conflicting higher intensity uses inconsistent with the _ existing limited commercial and residential uses established. K. Any other matters that may be deemed appropriate in review and All concurrency mandated facilities have adequate consideration of the proposed amendment such as pglfce protectio capacity to accommodate the most Intense use u fir. protection and emergency medical services s the proposed zo i g district. ,t. Conclusion The requested CH zoning district is: • Not Compatible with the surrounding area as there are no other CH -zoned properties within the vicinity. • Not Consistent with the goals, objectives, and locational criteria outlined in Policy 1.43 of the county's Comprehensive Plan. • The property is not situated in an area suitable for heavy commercial uses, as it has historically been zoned CL, limited commercial, which is more appropriate for the area's character and nearby residential developments. • CH is not deemed suitable as it would introduce uses that could create incompatibilities with adjacent properties, disrupting the intended balance of the area. A 01/28/2025 Item 11.A.2. Recommendations & Current Status • After thorough consideration of the surrounding land use patterns, compatibility concerns, and consistency with the Comprehensive Plan and County's land development regulations, Staff's recommendation is to deny the request for rezoning. • The Planning and Zoning commission recommended denial at their November 14, 2024, public hearing and voted 5:1 to deny the item for recommendation to the Board of County Commissioners. • On December 3, 2024, the Red lazmine Land Company, LLC appealed the Planning and Zoning Commission's November 14, 2024, decision to deny the request to rezone approximately 4.2 acres from CL (Limited Commercial District) to CH (Heavy Commercial District). The applicant asserts that the denial was based on misapprehensions and incompatibilities that are legally unfounded. Conclusion and Recommendation Based on staff's thorough analysis and findings, the Board of County Commissioners is urged to uphold the Planning and Zoning Commission's denial of Red lazmine Land Company, LLC's rezoning application. The request is inconsistent with the Comprehensive Plan, incompatible with surrounding land uses, and contrary to the public interest. Maintaining the current CL zoning protects the balance between commercial and residential uses in this area and aligns with the County's long-term development goals. 7 01/28/2025 Item 11.A.2. 01/28/2025 Item 11.A.2. Nonconforming r®si±denVal 1/8/25 01/28/2025 Item 11.A.2. .. N0n#pnfprmi QC residential :1/8/25 . .. . . \0 • /: /\ /! \ §> « \ -- ... � ... . - - : ; 01/28/2025 Item 11.A.2. 01/28/2025 Item 11.A.2. Rezoning Request 1) The property is wedged between US 1 and Dixie HWY and the CSX Railroad, has Brea access, and the US 1 corridor is referenced throughout the Comprehensive Plan as one of the primary locations for commercial development to. serve the residents of IRC. 2) CH is an appropriate step down from the intense Industrial Development juston the west side of the CSX Railroad (Maschmeyer Concrete.- Vero Beach Ready Mix 6 Block Plant) east as you crossover US 1 to the CL and residential districts - along the Indian River. 3) The US 1 corridor is currently 120 feet pr ROW and FDOT is looking to expand that RON Opng the subject property by 31 feet via eminent domainY This indicates.t,IXat FDOT is reparinq for Cha jacrease in traffic in 60ajunctSO4 with the axpa#�sion andtal,i4!provartgs ttscciat4d t+Stfi SR spa... 4) Otyb*tt�ytth91h41fi t�k � ni�"*h.flair 12 iadt t1ki it► tr rr Y�; 51 sav�ral=nea�bv a'adtie�as°� .xeiisacfv.tas�iiiii fr8r'i;�. !a)';tSS asd �� .z�ibr �c ,. Spot Zoning Rebuttal • Southwest Ranches v Broward County ruling [2] [3] We also reject the Association's claim that the trial court erred in holding that the ordinances in question did not constitute illegal "spot zoning." Spot zoning is the name given to the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony with the surrounding area. See Dade County v. Inversions Rafamar, S.A., WO5o.2d 3130, 1133 (Fla. 3d DCA 1978). Nonconforming residential The Staff report (page 5) The comprehensive plan and land development code emphasize the need to recognize and protect existingnoaconforming conditions, which further underscores the incompa4bilky of this rezoning request with the surrounding development pattern. i The Land Development Code, in Chapter 904 addresses non conforming uses and, itrudurew. Section 904.02. - Purpose and intent: It is the purpose and intent of this chapter to -per -ft the: continuation of those parcels, structures,.. . uses, characteristics of uses or combinations thereof which were lawful when established, bot which would be prohibited, regulated; or restricted' under the terms of present regulations or future amendments. It is the futihey WOM"liVAJOW94 pt ;promote thephasmt► r,-; ` n.rt n'innerevafnrmana a4rwnta�rn�'Yiedcv etiet`•e:ia�u.�ar'raYunn rit iaeec•�n.t nittali�aHnhnthar of vLr r � - 0) .ri b a O 00 b N N N a--) X0) - l (0 U) r r1 -N �Il -0 O 4-) a) rl s~ O is ( 3 � N a) U) rl r 4-) 'r-1 r1 4-I is -I-) 0)0 ala) � 0 rl rl a) rl N 1~ —1 a) -P a) M >1 � is a) M 04U U) O �4 m O U) S4 �-4 •rl F� 1~ s~ U �4 -0 oU 0 U N r I va H 0) �4 a--) (1) .C� I~ 1~ 0 a) ZD) U) 0 O �4 O 1~ -1-J a) -r{ 44 S~ a) 'C',r I O O •H 0 Fi Fi -r1 �5 _!-) 4-) 4-) 4 r1 44 (D �4 U) r r1 4J 01 co 0) (0 U) 0 -1 O -r1 +-) U) m U 1~ -0 U U) W 44 U) Rf -ri S -I -1-J •r1 •r{ a) '-i i N (10�, >C -H r-1 F -OU r 14-1 r a) 3 r{ -r{ • U) I~ O 0,°N U] ON �::) I r I r I U -0 4-) -P(0 4-1 U) U o r-1 ro ro 1~ f:� a) ro rn -0 a O 0) J -r{ (0 44 (1) (1) -C: rO ° U N 4-4 (0 m r0-1 (o Ts rl U) 4 H a O a D (0 a) rtS -r1 4-4 U) 1D) r{ 1 ° ms~ w �a)m 0(D 3� r -C! 0�4 1~ +) a--) 4 r I rd CO O rd U) 4J -r1 �J (1) r{ �:l H r1 U d-) O -1, E) ,� 3 ZD) 4-)CO a) r, � O N rt (1) >~ -H a) ,r, U) (0 a) u a) r U Cu S4 >1 O rl 4-) - 4-) -rl r-1 r4 U) �5 -r{ Q� +) 4-4 U) a) 4) Pa (1) O Fi rj 4" r r1 0 1~ a) Is �4 r{ 04 • rl Q 0 0 r I 4J N O 3 -0 -H (1) -r{ -rl 4J �4 Q4 U r{ O (1) U I J (1) -rl > �:l >~ U) �:s r{ (o ,-Q >~ s4 (D �4 1s s~ -ri rr 0 -r1 a r >, -r1 �4 ,Q O O U) a) N X _0 «j +J 4--) O f-' •rl N 1~ �4 m U (0 1~ I~ (dU� -0� 0)u °a) -0 r ro°�:l 04 4-4 -rl (1) -r{ O �-I r 1 3~ m r I 4) -0 0 0 r.(0 �4 4-4 1~ 0 -0 �4 S 4 +J �:l O U U (0 r-1 O �:5 O > (1) 04 Q >1 -r-1 �I >~ U A r1 a) U) r� �l 4-) (1) r1 a) U) r4 ° -H 04 U U -r1 +-) >~ +J (D -4 -r{ 4-J U O 0 >~ -H (1) I~ a) -) 3 U) (0 a) s4 �4 >1 �4 rt r1 '0 �-4 01 bi ri �4 �5 -0 (1) Q 4) 04 r I rd rl �-1 04 O � a) a) CJ' 4-) W a-) +-) O �4 r -i c8 r i tr C v ° (1) -P a) -r U (1) (1) ri (1) a-) -0 (0 C� O —1 ° r1 0) U +J � r� U) O H «S H 04 H U rd .0 H r I -r♦ q 1-i r1 N M • • `\j 0 N CIQ 0 M. a 41 41 H H Ln cD N w N O d1igro 0 y4 rtO -10 OC 10.11-11 >Ili •J 4-) --,44-4 .Q,I r1 0LI �N�w>1� O f4-4 -1 ro° C r A -,Q O0O N U u a 0 O+u o+ •i W H� UI m 04 -io 1i WO o4 Uuo ri m 4)_ 0 N �jN 01 a� >,O4 O q N Q) 4-) Orn- C� m 75qQ) W•i fro uN u 1�4 ro�HLIU-ri 44 to _ a) ro v rd o �s \ LI o v� U) m° 4-) 0-H r°1 LI Fl v N � u 0� a0i[aa)i 'OH4-) U O m �q'i P, N r• -I ro R' o 4J'O �a -� 0 a� w o ro0 C U) I 4) u �.rl a u,N o -P a U1 W0 a a) r• -I r -I 4-)04 ro C. r-Ivd) roe,4 WN u� W m �p ro0, �ro x41 •r1 J-1-'� A'ri ro -ri 0 0 +' C .O c°'iala ro_� a) a) -) W N -I 4) ro ri 0 4) .N U 4) Z 0 -P -� �� 4J N 0 N, N 4) :J .N •,1 U -) N a �. 4-1 U ii O fo 44 N v N roro� W U) JO1 Ni -,1 44 a x �i o G 4 sa'i ro v 104 +J N 4-4100 ro R +, -,A I x141 D'41 . � O -ri U) UJ w >, Fi 4A 0, a1 ra (A i 0.O 0 -JH -,,,--1 r1 Ui 0 3 a,00 _+) 1 0 1, r -1 4 � v °' u ( � o a1 o u ro u -11 a) 4) k > •r1 3 v 4-) U) ro 0.-.i w , d 1-) > U 0 Loi '0 N a . 1 � v ra b r•i �o,� 04 04 ro �� ON �tr,i troj,-N J� U) ° a) 0 •ri (0U) >,;' ri •r1 O u t)) ca �3 E U) r:A� Aa �� ro0-iU mN� ayiE �N °'o°U G •> N ro a, e.-♦ N •''1 u ro 0 J-1 a) U) -•i m ' wo N Ul 4-) Z ro ro 44 4J L4 a) 4) 4 0) .N a Li .,1 0 1i -4 r -I U O xro -ri0 x .� m ro r4N ro 44) )� U ro Nr1 r0�"rn U1 +i U) >i •-11 a) U 41 -1 44 u ro >-rl ° N 14 ZD -i tSro USN DD pN a -ri G CN rox� •• NU a) �J0-1C N 'NDN tT ri D f%.1 p UU0 () a) i 1'1 N (0-1 ga>1 11 O 1J N U) 011-1 > -1 O H o a n. 4' 1' �+ 0> ra U O dl 41 N ro u� m ° U ro >, ° ON --I uN) -ri C >r rn U m G b U U p, N m '0 C N N C � A U rd P L�1 a,QG %moo m m 41 A a roN+, +1 •1 a) U) G O. Nero C0 N roro oua b 4J o.�� aw v Z 0.11w 4-) m f~4-) a a x4A + 04>1 r -I 3 G j) o ro "i N a) 0 >i A -r1 00 r+•) 1 a ° >, U) Hal -1 4) 4 -rH .� UCUN r -f JO-) ro r1 U ch 4-1 .11 �` a o 41 a 0 � 0 oQ)C 4 3 I �N 1,0 -) N +) nGN� a) >, 00m a) H X O Aima) ri Li.4 () w O ro.C>, _04j4J ro .,A rd .Q-r1 U U) a;r-I UI U UI 4-)(04 �•ri a M1) C1, � u u a) A r1 U1041u A 'o �ID ra H 0)U)H O m U)�c A 4 J4 a) ''i H OiJO S1 O G k G •r•I ri-.i 0. � O � 1) � A 04 0 � u 4) u ro C 0 0. W 4� 4 (0 pr E Oa F., ro ,0r 44 E 0, ro .i~ aa) a 3'O U .0 0 � E 04-1 .i -�-1 "$ 4-I a �43 H Ora F1 :3 41 ri 0 0 a o o 11 o o � o o 4 o H c4 -i a n a ui M. a 41 41 H H Ln cD N w N O N 01 U W a U — c .0 3 3 c O a) Y O u a) a) c Co N ca 30 L T F— O N c (6 J 'i U Y c oA = c o a) C Ot N O N N N .bD ,N N O DD EO O_ v C C v 2 N O v> E -_ (6 c a) fa ON c N @ O u u = Y -O U U1 a1 v m T Q ns c °A J p L i L C c E 3 c o a) u on N O E L L C E 7 a) •C '06 N 7 U Q X c cu O N 7 L O 6 C a) 7 L C O C: 0 T p L p w N0 Y a= C a) cr -O (U V Y N i ro p a) U� C a) -O al w N > 7- U C v Y -T) c 12 a) Q) aE c m v v c a 3 c °1 u cu L Eco = v o v v E >, 0 a Q aj a) 2 O Y 000 C -Z, fob cc �) a1 L L +' QMw 'O v E C > c 'N w £ c u o N 3 v Q O L ca '�' Q. O 1L N -0 N c L o v �+ L °E t3 a)v° o> OU '�' N Y QO a)L -(Olj 0 3 spa C a L 0 b 0 +, N � OU v N V 'C _C m Y C L p 3 a L Cc n v Q 3 Dy O p ( N Y Y =3 CO > n v " v n CO m N L Y v N ca v+ — C_ n3 N c a) O 'y�—� +-' aJ Ca N U C C C CL 0A E c_ co M v ::L i c 'c ro a OU o 1 M CL O C u O a C 0,2 N � a o N N N E C O N S a, v '� C Cc0 p V -O S i v U U f6 a• a) a) C 3 L c U w � bDU +' U � O N c`a O a) U i Y C Nw o Li N m -O N lil u 'OD YLQ O a N •N Y p O i O E V t~ Y m a)vU-- y U Y Y i i m � > OU a) Q. Q C N ) y, Q N Y N �p PC Y f6 O_ CC ON `^ — Y Q Q m 0 n3 Eoc ca -' O L Y c a) 3 O C p_o 3 H i� U :C� ns T= m N E 3 u v U o Q•— L to i �� a) C N N@ a) N aJ L) i C V O_ E - .Q 0 1 aJ Y a3 H a ip j 2 N U in t1A E '�, p w L p- °1 cua 0-0 O v w n v p_ U v 00 O U NO F' -a . QS mQ- u o N v vOi C L al N a) E (6 N r Z L n3 p F- -0 u a) n L N F E L O a) F- U -r- L L W 0 a � w o LA o Eft c' r o C) � o • n Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney Of C2 Of Public Hearing 1/28/2025 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado, Deputy County Attorney DATE: January 15, 2025 SUBJECT: First Public Hearing — Proposed Developer's Agreement Between Riverfront Groves, Inc. and Indian River County This is the first of two public hearings required by Florida Statute Section 163.3225 for the approval of a proposed developer's agreement. The second public hearing is scheduled for February 11, 2025. Harmony Isles is a proposed residential development consisting of 237 Single Family lots and 147 townhouse units to be located at 1375 9811 Avenue, Vero Beach, Florida 32966. Developer understands that as part of the development process they are to provide or pay for their fair share of the cost that the County would otherwise incur to accommodate the new growth as well as the provision for required improvements to accommodate their new proposed development. The required improvements and contributions for the proposed development are as follows: Dedication of Right-of-way: The project will dedicate roughly 3,534 square feet on 16th Street and roughly 4 feet wide by the length of 335 feet on 9811 avenue along the proposed right run lane onto 121h Street. This dedication shall occur either at final plat or with completion of the associated improvements, whichever occurs first. Intersection/Turn Lane Improvements: The required traffic improvements are dependent on whether the development down the road (Venetian Groves) will go in. Should the Venetian Groves development proceed then this development will be required to provide the following: 1. SR60 and 981h Ave Northbound right turn overlap phase. 2. 121h St and 98t1 Ave: a. Southbound right turn lane b. Traffic Signal 3. 12th St access- westbound right turn lane 4. 16th St access — Roundabout Should the Venetian Groves development not proceed then the required improvements for this development are as follows: 1. SR60 and 98th Ave: Harmony Isles Developer's Agreement January 15, 2025 Page 2 a. Northbound right turn lane b. Westbound left turn four section Flashing Yellow Arrow c. Eastbound left turn four section Flashing Yellow Arrow 2. 12th St and 98th Ave. a. Southbound right turn lane 3. 12 St access — westbound right turn lane 4. 16th St access — Roundabout Utility Improvements: The Developer shall pay the County for the proposed development's proportionate use of the Improvements at commencement of construction of Off -Site Utility Improvements. Developer's payment shall be calculated as follows: a. The number of units impacted/benefitted from the Improvements (384 units), multiplied by the price per unit ($800.00) for a total of $307,200.00. Funding: The cost of recording the Developers Agreement is estimated to be $197.00 and will be funded from the Planning and Development Services budget within the MSTU Fund/County Planning/Recording Fees, Account No.: 00420515-034830. The cost of publication of the required public notice for the public hearing(s) is estimated to be $262.72. The cost will be funded from the Planning and Development Services budget within the MSTU Fund/County Planning/Legal Ads, Account No.: 00420515-034910. Account Description Account Number Amount MSTU Fund/County 00420515-034830 $197.00 Plan nin /Record i ng Fees MSTU Fund/County Planning/Legal 00420515-034910 $262.72 Ads Recommendation: Staff recommends the Board review the Proposed Developer's Agreement, open the public hearing for comment, close the public hearing and make a motion to bring the Proposed Developer's Agreement back to the Board for the required second public hearing on February 11, 2025. Attachments: Aerial Photo Proposed Developers Agreement with Riverfront Groves, Inc. Copies to: Riverfront Groves, Inc. Peter Sweeney, Esq. Planning and Development Services Public Works Utilities • a. _`,d .�,,, �) - - / w f ♦ 4 ~ rt� r�,�^ry t.d,.. aa` Ld °r, .o of: r v - s I 4 41t •� .i "� �#tea .' .�' . �t ,.; •,� �� �,+, g.• ., � .. ��-?���^'• � mss'. ;� ��b�. Rb,. a�,.*d�,�� .��� �', y w ,�I mss• c�� �'.'` a� y k ar..I "+�i �•r�?;: v+�. f�� r. r.�� �"`. a P zP +. •<<.. �C Er 3a. JF^y # ti� • , r gg i w .• i# t 4 de , • • r �. � � - �.; . .,. f �s �-x+s is a'..".ky " -- s.w.�M*�ewlm: c.+,.w.. � r• r#+iY t __ •----------------------------- .N,, 75;n 4 I ,meq ,..� � ��fµ^" y�g ry . ,^.... #, miv ��• � .! per. Aim \It���`f I "".1 •tom 1. € • ,Ke„�s V 1 1 • c� -4 GJ 01 CJ a' 4,11 . 1 ;�_� � }w .. meg, � �ar•�, wo v s } •y t __ •----------------------------- .N,, 75;n 4 I ,meq ,..� � ��fµ^" y�g ry . ,^.... #, miv ��• � .! per. Aim \It���`f I "".1 •tom 1. € • ,Ke„�s V 1 1 • c� -4 GJ 01 CJ a' 4,11 . 1 ;�_� � }w .. meg, � �ar•�, wo v DEVELOPMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND RIVERFRONT GROVES, INC. FOR HARMONY ISLES THIS DEVELOPMENT AGREEMENT, is made by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 180127th Street, Vero Beach, Florida 32960 (the "County") and RIVERFRONT GROVES, INC., a Florida profit corporation, the address of which is 4889 N. US 1, Vero Beach, FL 32961 (the "Developer"), for HARMONY ISLES, and is effective upon execution by last of the parties hereto (the "Agreement"). RECITALS: WHEREAS, Developer is the owner of approximately 116.86 acres located at 1375 98th Ave., Vero Beach, FL 32966 and as more specifically described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, Developer proposes to develop the Property into a total of 384 residential units, consisting of 237 single-family lots, and 147 townhouse units, pursuant to the approved Harmony Isles subdivision, which is the subject of Ordinance No. 24-004; ("HI Development"); and WHEREAS, GO LIFE HOLDING, LLC is also developing a single-family residential subdivision ("GLH") known as Venetian Grove Subdivision ("GLH Development") adjacent to the Property located at 12th Street, Vero Beach, and more specifically described in the GLH Agreement described below; and WHEREAS, as part of the GLH Development, the County requires off-site utility improvements to connect to the regional watermain and force main (the "Improvements") and has entered into that certain Developer's Agreement with GLH for said construction improvements to be constructed by GLH (the "GLH Agreement"). The GLH Agreement is attached hereto as Exhibit "B"; and WHEREAS, per the GLH Agreement, GLH shall complete construction of the off-site utility improvements in the form of installation of a twelve inch (12") watermain extension generally from the vicinity of 8th Street and 90th Avenue to the vicinity of 8th Street and 98th Avenue which can either be accomplished by boring under 1-95 or by going south along 90th Avenue to 4th Street, then along 4th Street from 901h to 98th and then back up 98th, which is anticipated to be done through open cut along existing roadways (the "Off -Site Utility Improvements"); and WHEREAS, other alignment options may be considered to get from the vicinity of 8th Street and 90th Avenue to the vicinity of 8th Street and 98th Avenue, based on route feasibility; and WHEREAS, the County has agreed to reimburse GLH, as provided in that certain GLH Agreement, for GLH's installation of the Improvements; and WHEREAS, the Developer expects that a certain number of its HI Development units will utilize, and be affected by the Improvements contemplated in the GLH Agreement, and will be required to pay the County for HI Development's proportionate share of its utilization of said Improvements; and WHEREAS, impacts of development on utility facilities can be mitigated by the cooperative efforts of public and private sectors; and WHEREAS, the Improvements are not required for concurrency of Proposed HI Development; and WHEREAS, sufficient capacity is available, and the proposed utility extension is proposed to provide redundancy and efficiencies for Indian River County in order to provide service to all properties west of 1-95; and WHEREAS, the Improvements constructed by GLH will advance the implementation of the County's adopted Indian River County Master Plan Update; and WHEREAS, the development proposed is consistent with the County's comprehensive plan and land development regulations. WHEREAS, Developer seeks by this Agreement to set forth Developer's obligation to pay the County for its percentage share of water line usage based on the number of HI Development units benefitting from the Improvements; and WHEREAS, Developer further seeks by this Agreement to set forth Developer's obligations for contribution via construction of required traffic improvements; and WHEREAS, as part of the GLH Agreement with GLH also includes traffic improvements to be constructed by GLH; and WHEREAS, Florida law allows for the County's execution of this Agreement; and WHEREAS, this Agreement strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation and comprehensive planning and reduces the costs of development; and WHEREAS, Developer agrees to pay County, as provided herein, for the Developer's proportionate use of said Improvements. NOW, THEREFORE, for and in consideration of the mutual promises set forth here and other good and valuable consideration, the Developer and County agree as follows: 1. Findings of Fact. The foregoing recitals are true and correct and incorporated herein by reference as Findings of Fact. 2. Purpose. The purpose of this Agreement is to: a. Recognize the utility Improvements to be constructed by GLH and partially reimbursed by the County as providing significant benefit to the impacted utility system in the area of development, and towards the HI Development; and b. Recognize the Improvement benefit to HI Development, and partial payment to the County for its expenditure of funds to GLH for the facilitation of said Improvements. c. Secure utility availability for 384 units benefiting from utility Improvements. d. To ensure that all traffic requirements for the new development are provided to accommodate the new growth due to the 384 units coming with the HI Development. 3. Permitted Development Uses: The proposed area of development for Harmony Isles is currently zoned RM -6 which allows a density of 6 units per acre. The area of development is 116.86 acres. The maximum density for the project is 384 units. The Maximum building height per the County's Land Development Regulations is 35 feet. 4. Impact Fees: All impact fees relevant to this Agreement will adhere to the Florida Impact Fee Act, Florida Statute Section 163.31801. 5. Public Facilities: Indian River County water and sanitary sewer facilities will be extended to the site as well as roadway improvements within the County right-of-way. All public facilities will be constructed by the Developer and dedicated to the County prior to Certification of Completion. 6. Dedications: The project will dedicate to the County +/- 3,534 SF of dedication on 161" Street and +/- 4' for 335' on 98"' Avenue along the proposed right turn lane onto 12"' Street. The dedicated property will be used for public right-of-way purposes. Dedication shall occur within 30 days of completion of the associated improvement or at final plat, whichever is earliest. 7. Required Traffic Improvements pursuant to the traffic study: The traffic improvements required pursuant to the traffic study will need to be completed by Developer prior to issuance of Certificate of Completion. The Improvements listed below for the traffic signal must be done via a painted mast arm traffic signal and the County will determine whether the traffic signals will be flash or full operation at the time of traffic signal completion. There are two scenarios below for which traffic improvements are required to be made. The Scenario will depend upon the neighboring development and their required improvements as well. a. Scenario A (With GLH Development): 1. SR60 and 98th Ave Northbound right turn overlap phase. 2. 12th St and 98" Ave: a. Southbound right turn lane b. Traffic Signal 3. 12th St access- westbound right turn lane 4. 16th St access — Roundabout b. Scenario B (without GLH Development): 1. SR60 and 98th Ave: a. Northbound right turn lane b. Westbound left turn four section Flashing Yellow Arrow c. Eastbound left turn four section Flashing Yellow Arrow 2 12th St and 98th Ave. a. Southbound right turn lane 3. 12 St access — westbound right turn lane 4. 16' St access— Roundabout 8. Permitting: A description of all local development permits approved, or needed to be approved for the Development of the land is attached hereto as Exhibit "C". 9. Off -Site Utility Improvements & Contingency: GLH will construct the Off -Site Utility Improvements substantially as described in the attached GLH Agreement, and in the timeframes set forth in said Agreement. Further, the County will reimburse GLH for a portion of the Improvements as set forth in the GLH Agreement. Developer shall pay the County for the HI Development's proportionate use of the Improvements upon issuance of the Land Development Permit. If GLH or the County defaults in their requirements pursuant to the GHL Agreement, or the GLH Agreement otherwise becomes void Developer will have no further obligations as it relates to the utilities portion under this Agreement, however the traffic portion will still need to be complied with pursuant to paragraph 6.b. above. 10. Payment Terms. The County shall reimburse GLH for its construction of the Improvements pursuant to the terms of Section 5 of the GLH Agreement. The Developer shall pay the County for the HI Development's proportionate use of the Improvements upon issuance of the Land Development Permit. Developer's payment shall be calculated as follows: a. The number of units impacted/benefitted from the Improvements (384 units), multiplied by the price per unit ($800.00) for a total of $307,200.00. 11. Easements. a. Developer shall convey to the County a utility easement for the water and wastewater utilities over any property owned by the Developer for the County to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including, but not limited to, waterlines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. b. The grant of easement may be made by way of an easement agreement or the adoption and dedication of a duly approved and recorded plat pursuant to Chapter 177, Florida Statutes. 12. Term. The term of this Agreement shall be seven (7) years. Unless otherwise agreed upon by the parties in writing, this Agreement shall not be renewed automatically for successive terms. 13. Assignability. Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the Developer. Therefore, while the Developer has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the County. 14. Permits and Approvals. The fact that this Agreement does not detail all laws, rules, regulations, permits, conditions, terms and restrictions that must be satisfied to complete the development contemplated by this Agreement shall not relieve any party, or its successors in interest, of the obligation to comply with the law governing such permit requirements, conditions, terms, and restrictions. Further, the County will not delay HI Development approvals and construction based on timing of water main extension construction. Notwithstanding the foregoing, the interests of any party may be mortgaged in connection with a mortgage of any portion of the Property. 15. Further Assurances. Each of the parties hereto agrees, to the extent permitted by law, to do, execute, acknowledge, and deliver, or cause to be done, executed, acknowledged, and delivered, all such further acts, and assurances as shall be reasonably requested by the other party in order to carry out the intent of this Agreement and give effect thereto to the extent allowed and, in a manner, permitted by law. Without, in any manner, limiting the specific rights and obligations set forth in this Agreement or illegally limiting or infringing upon the governmental authority of the County, the parties hereby declare their intention to cooperate with each other in affecting the terms of this Agreement, and to coordinate the performance of their respective obligations under the terms of this Agreement. 16. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement, but in the making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. 17. Severability; Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provisions had never compromised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 18. Recording of Agreement. This Agreement shall be recorded in the official records of Indian River County by the County within 14 days of execution of the agreement If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the Property for the term of this Agreement. 19. Notices. Any notices or reports required by this Agreement shall be sent to the following: For the County: County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 With Copy to: Susan Prado County Attorney's Office 180127 th Street Vero Beach, Florida 32960 For the Developer: Riverfront Groves, Inc. 4889 N. US 1 Vero Beach,Florida 32961 With copy to: Peter Sweeney, Esq. MCT Law P.O. Box 650121 Vero Beach,Florida 32965 20. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 21. Authority. Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 22. Captions. Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or an of its provisions. 23. Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 24. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 25. Time of Essence. Time is of the essence of this Agreement. If the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such event, the time of such period shall be extended to the next business day which is not a Saturday, Sunday or legal holiday. 26. Definitions. All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 27. Amendment. This Agreement may be modified only by a written instrument executed by all parties to the Agreement and pursuant to the requirements of Florida Statute. [SEE FOLLOWING PAGES FOR SIGNATURES] IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Agreement on the day(s) and year set forth below. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: Susan Prado, Deputy County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher Chairman Approved by BCC on: SWORN TO AND SUBSCRIBED before me by means of [ ] physical presence or [ ] remote online notarization, this day of , 2025, by Joseph E. Flescher, who is Chairman of the Board of County Commissioners for Indian River County, Florida, and is authorized to execute this Agreement on behalf of Indian River County, Florida, and who is [ ]personally known to me, or [ ] has produced a driver's license as identification. Notary Public IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Agreement on the day(s) and year set forth below. Witness: Signature: Print: Adress: Witness: Signature: Print: Adress: STATE OF FLORIDA COUNTY OF INDIAN RIVER RIVERFRONT GROVES, INC., a Florida profit corporation By: Dan S. Knight, President Adress: SWORN TO AND SUBSCRIBED before me by means of [ ] physical presence or [ ] remote online notarization, this day of January 2025, by Dan S. Knight, who is the President of Riverfront Groves, Inc., a Florida profit corporation, and is authorized to execute this Agreement on behalf of the company, and who is [ ]personally known to me, or [ ] has produced a driver's license as identification. Notary Public EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: Tracts 2, 7, & 8, Section 9, Township 33 South, Range 38 East. according to the last general plat of the lands of Indian River Farms Company Subdivision, as recorded in Plat Book 2, page 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida, LESS that portion deeded by Quit Claim Deed to Indian River County, a political Subdivision of the State of Florida, in Official Records Book 2170, Page 447, Public Records of Indian River County, Florida. CONTAINS 116.86 ACRES± (CALCULATED). THIS LEGAL DESCRIPTION IS THE SAME AS FOLLOWS: LEGAL DESCRIPTION BY SURVEYOR: 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 NORTHWEST CORNER OF SAID TRACT 2; THENCE SOUTH 89 DEGREES 56 MINUTES 26 SECONDS EAST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 00 SECONDS EAST, ALONG A LINE THAT IS 30.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID TRACT 2, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 89 DEGREES 37 MINUTES 38 SECONDS EAST, ALONG A LINE THAT IS 30.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACT 2, A DISTANCE OF 1309.17 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 OF TRACT 2, A DISTANCE OF 1300.86 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 2, SAID POINT ALSO BEING THE NORTHWEST CORNER OF AFOREMENTIONED TRACT 8; THENCE SOUTH 89 DEGREES 37 MINUTES 58 SECONDS EAST, ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 1305.07 FEET TO A POINT THAT IS 30.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID TRACT 8 AND ALSO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 2170, PAGE 447 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00 DEGREES 20 MINUTES 30 SECONDS WEST ALONG SAID LINE, A DISTANCE OF 1300.72 FEET TO A POINT THAT IS 30.00 FEET WEST AND 30.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 8; THENCE NORTH 89 DEGREES 38 MINUTES 17 SECONDS WEST, ALONG A LINE THAT IS 30.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF AFOREMENTIONED TRACTS 7 AND 8, A DISTANCE OF 2601.94 FEET TO A POINT ON A LINE THAT IS 30.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID TRACT 7; THENCE NORTH 00 DEGREES 01 MINUTES 10 SECONDS WEST, ALONG A LINE THAT IS 30.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID TRACTS 2 AND 7, A DISTANCE OF 2601.99 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. EXHIBIT "B" GLH DEVELOPER'S AGREEMENT EXHIBIT "C" DEVELOPMENT PERMITS APPROVED OR NEEDED TO BE APPROVED FOR THE DEVELOPMENT • Indian River County Preliminary Plat • Indian River County Land Clearing Permit • Indian River County Tree Removal Permit • Indian River County Concurrency Approval • Indian River County Type "A" Stormwater Permit • Indian River County Right -of -Way Permit • Indian River County Utility Connection Permit • FDEP Domestic Water Connection Permit • FDEP Wastewater Connection Permit • St. Johns Water Management District ERP • Indian River Farms Water Control District Drainage Connection Permit • FDOT Utility Permit ca tll'a •p0. 631244 Cincinnati, OH 45263 1244 , :GANNETT: NOTICE OF INTENT- CrWt AFFIDAVIT OF PUBLICATION PUBLIC HEARING-:, NOTICE IS HEREBY Given N1d1 the Board of County CommiSStolllt S Nadia Westerik of Indian River County, Florida, will conduct o Public Hearing to' Kathy Charest consider a development agreement Indian River County. Planning with Riverfront Groves, Inc. Development Location: 72 acres :. i804 27Th SUM located at 1375 98th Avenue, Vero Beach, Florida 32966, in IndianladW River County, Florida fllV@r County WinBeachFL 3Z Proposed Use: Plannft Development Services Residential Development Proposed Population Density: STATE OF WISCONSIN, COUNTY OF BROWN Proposed Maximum Building Height: 35 feet Existing Building Intensity. None; Before the undersigned authority personally appeared, who Project site is vacant Proposed (Maximum) Building - _ on oath says that he or she is the Legal Advertising Intensity: 384 residential units The Public Hearing will be held on Representative of the Indian River Press Journal/St Lucie Tuesday, January 28, 2025 at 9:05 a.m., or as soon thereafter as the News Tribune/Stuart News, newspapers published in Indian matter may be heard, in the County Commission Chambers located on River/St tuck/Martin Counties, Florida; that the attached the first floor of Building A of the County Administrative complex, - wpy:of advertisemerit, being a Legal Ad in the matter of 1801 27th Street, Vero Beach, Florida 32960, at which time inter- Govt ftbiic Notices, was published on the publ* ested parties may be heard with respect to the proposed resolution. accessible websites of Indian River/St Lucle/ivlaOn The proposed Developers Agree- mens Between R iverfront Groves, Caulloes, Florida, or.in a newspaper p rint in the Issues Inc. and Indian River County may be inspected by the public during regular business hours (8:30 a.m. to of, on: 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners located on the second floor of Build- 01/15/2025 ing A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida; or alternatively, the Affiant further says that the website or newspaper complies agreement may be inspected at www.lndlanriver.9gv. with all legal requirements for publication in chapter 50, Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a Florida Statutes. verbatim record of the proceedings Subscribed and sworn to before me, by the legal clerk, who is made, which includes testimony and evidence upon which the appeal is based. is personally known to me, on 01/15/2025 Anyone who needs a special occom- modation for this meeting must contact the County's Americans 031— With Disabilities Act (ADA) Coordi- nator at 772.226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD ' OF COUNTY . . . COMMISSIONERS JOSEPH E.FLESCHER, Nbffify,' tM ofiYL Co"Yof lkty . " CHAIRMAN TCN- #10942534 O1/)Sf;B :' My commission expires Publication Cost: $131.36 Tax Amount: $0.00 Payment Cost: $131.36 Order No: 10842534 #ofCopjW Customer No: 1121RiT1 1 PON:" Rub Hear Dev agreeme . THIS IS NOT AN INVOICE! Fkdse db nor rine diisiptw for pa�sM rel�lnonce; KAITLYN FEL'TY Not VY Public 3 State of Wisconsin.. Piet of t M V E1? CO Office of the �� INDIAN RIVER COUNTY ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy A. Bunt, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., ICMA-CM, County Administrator DATE: January 22, 2025 SUBJECT: City of Vero Beach — Revised request for County Funding for the Humiston Beach Boardwalk project. Background & Discussion At the December 3rd BOCC regular meeting the Board unanimously agreed to participate in the Humiston Beach project, more specifically Alternative 3 (Concrete Sidewalk) as selected by the City of Vero Beach City Council. At the December 17th BOCC regular meeting the Board approved the County participation; more specifically, the County will contribute up to $400,000 or 50% of the Humiston project (Alternative 3) less federal, state, or private grant reimbursement, or appropriation, whichever is less. Based on community support and private pledges for a boardwalk to be reconstructed on January 14tH the City of Vero Beach City Council met and rescinded its selection of the concrete sidewalk and approved a concrete boardwalk project. It should also be noted the Indian River Community Foundation working with the City launched a campaign to raise private donations to rebuild Humiston Beach Boardwalk. City Manager Monte Falls informed me of City Council's action and an associated request for the County to modify its funding commitment from the sidewalk alternative to a boardwalk alternative. On January 22, 2025, Chairman Joseph Flescher, Mayor John Contugno, City Manager Monte Falls and I met to discuss the City's request. As mentioned above, the City is requesting the County modify its funding commitment from the sidewalk alternative to the boardwalk alternative. The boardwalk project is preliminarily estimated at $2.3 million. Additionally, clarification is necessary so that funds raised through private donations to 292 the Indian River Community Foundation Concerns are excluded from the stipulation concerning private grants expressed in the currently approved funding commitment. The City's preference is there be no stipulations concerning the County's commitment, to which this was discussed during our meeting. I would be remiss to not note Mayor Contugno inquired if there would be any consideration by the County to increase the amount of the County contribution to the project. Notwithstanding the foregoing, I recommend the Board revise its commitment to clarify its participation in a manner that still defines an up to maximum contribution toward the project and allows the City to proceed with the boardwalk project. Mayor Contugno's request for the County to increase its funding commitment emanates from the recently approved Humiston Beach Boardwalk project is estimated to costs $2.3 million. I'll remind the Board funding for this project would come from the County's General Fund undesignated fund balance (cash or reserves). Staff Recommendation Staff recommends the Board consider and determine their level of funding participation for the Humiston Beach Boardwalk project and approve the revised funding commitment. Indian River County Board of County Commissioners will contribute up to [amount) toward the Humiston Beach Boardwalk project with the County's contribution not to be more than the City's portion of funding for the project, excluding federal or state grants or appropriations received toward the project. Direct the County Attorney to draft a project participation agreement outlining the Board of County Commissioners' commitment and participation in the Humiston Beach Boardwalk project. 293 12.8, Office of the INDIAN RIVER COUNTY ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator MEMORANDUM TO: Board of County Commissioners FROM: Kathy Copeland, Legislative Affairs and Communications Manager DATE: January 28, 2025 SUBJECT: Lobbyist Contract for 2025 Legislative Session Background & Discussion Since February 17, 2015, Anfield Consulting, Inc., has provided Indian River County with various legislative issues and obtaining funding for water projects. Indian River County's contract with Anfield Consulting, Inc., expired on December 31, 2024. Anfield Consulting, Inc., was transitioning to a new name (Arrow Group Consulting, Inc.) and becoming a subsidiary of .Gunter law firm. County Administration staff recommend continuing to utilize the renamed firm Arrow Group Consulting, Inc., through June 30, 2025. This contract will total $60,000. The legislative process is already underway and not having a firm to represent the County could, arguably, be detrimental to the County's interests. Fu din Funding, in the amount of $60,000, for this contract is budgeted and available in the General Fund/BCC Office/Other Professional Services account, number 00110111-033190. Account Description Account Number Amount General Fund/BCC Office/Other Professional Services 00110111-033190 $60,000 Staff Recommendation County Administration staff recommend that the Board enter into an agreement with Arrow Group Consulting, LLC, for lobbying services through June 30, 2025, for the contract amount of $60,000 and authorize the County Administrator to execute the referenced agreement. Attachments Agreement for Professional Services Ll R GROUP ser 6u 116 Orttibith AGREEMENT FOR PROFESSIONAL SERVICES This contract for professional services (hereinafter referred to as "Agreement") is by and between Arrow Group Consulting, LLC a privately -owned Limited Liability Company registered in the State of Florida (hereinafter referred to as "ARROW'), and Indian River County of the State of Florida (hereinafter referred to as "CLIENT"). ARROW and CLIENT shall collectively be referred to as the "Parties." (1) Services: ARROW shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and securing appropriations for projects as requested. In addition, ARROW shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders in Florida. All representations made by ARROW on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative John Titkauich, County Administrator, or his designee. (2) Term and Compensation: The term of this Agreement will commence on January 1, 2025 and end June 30, 2025. CLIENT will pay ARROW the sum total of sixty thousand dollars ($60,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: twelve (12) payments of ten thousand dollars ($10,000). Each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ARROW. All payments will be made by check or money order consistent with Section (3) of this Agreement. After consultation and with prior approval from CLIENT, ARROW may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement. The retainer and monthly fee payable to ARROW covers all incidental costs or fees related to services provided by subcontractors identified by ARROW and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However; ARROW shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or local lobbying registration or renewal fees, express mail costs, costs of preparing presentation materials needed to represent the CLIENT, and similar related costs during the term of the agreement. ARROW will discuss such expenditures before incurring them and to receive prior authorization for said expenses from CLIENT'S authorized representative; John Titkanich, County Administrator. Page 1 of 3 (3) Issuance of Payments and Notige: CLIENT shall make checks payable to Arrow Group Consulting, LLC. and send payment(s) to: 215 South Monroe St., Suite 601, Tallahassee, FL 32301. All written notices from CLIENT to ARROW shall also be sent to this address. (4) Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ARROW for any and all services and CLIENT approved expenses during the term of this Agreement up to and until the established date of termination. In the event of early termination, the final amount to be paid shall be established on a pro -rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro -rata amount due, ARROW shall remit the difference within 30 days of termination in a check or money order payable to: Indian River County. (5) Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted, and governed by the laws of such state, and by all applicable laws of the United States of America. (6) Confidentiality: ARROW acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement. (7) E -VERIFY: ARROW is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify. to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, FS. ARROW is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants (as utilized for this project.) (8) AUMent Execution: The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signature below. For the Arrow Group Consulting. LLC: Albert Balido, Managing Member Date Executed For Indian River County: Page 2 of 3 John Titkanich, County Administrator Date Executed APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer Shuler, County Attorney Page 3 of 3 f?LI Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 12, 2024 To: Indian River County Board of County Commissioners From: Bryan Beavers, Finance Manager, Utility Services Lisa Patton, Customer and Meter Services Manager, Utility Services Through: John A. Titkanich, County Administrator Sean C. Lieske, Director of Utility Services Prepared by: Bryan Beavers, Finance Manager, Utility Services Lisa Patton, Customer and Meter Services Manager, Utility Services Subject: Amendment to Indian River County Department of Utility Services (IRCDUS) Rate Schedule Background: On September 24, 2024, the Indian River County Board of County Commissioners (BCC) approved a resolution to adopt the Indian River County Department of Utility Services (IRCDUS) — Rates, Fees, and Charges Schedule adopting the new utility rates for fiscal year 2024/2025, effective January 1, 2025, and for fiscal year 2025/2026, effective October 1, 2025. During the implementation of the new rates being placed into the billing system, it was discovered that four (4) of the rates for two charges (Sewer Volumetric Charge with No County Water Service Available for Single Family Homes Less Than 3,500 Square Feet and Inflow & Infiltration Volumetric Charge for 12,001 and over Gallons per month) were listed incorrectly on the rate schedule approved by the BCC. The rates for the Inflow and Infiltration (I&I) charge were listed incorrectly due to an error with the starting rate that was provided to our Utility Rate Consultant for fiscal year 2023/2024. This rate was listed as $19.06, but should have been listed as $19.50, which is the rate IRCDUS has been charging for I&I above 12,001 gallons. The corresponding rates should then have been based on the starting rate of $19.50. The rates for the Sewer Volumetric Charge with No County Water were adjusted by 20% and 10%, respectively, as opposed to 24% and 12%, which were the recommended rate increases for Jan. 1, 2025 and Oct. 1, 2025 within the rate study. However, the rate study erred in its application of the 24% and 12% rate increase for this component of the rate study. This request seeks to correct the rates to ensure all rates are equitably and fairly increased and not create a shortfall in operating revenue to that supports IRCDUS operations IRCDUS is requesting an amendment to the approved rates to correct these errors. A discussion of the corrections and a summary of the previously approved rates with the related corrections are presented below and summarized in Table A. 294 Departmental Item Analysis: The following utility charge rate corrections are requested effective January 1, 2025, and October 1, 2025. Sewer Volumetric Charge with No County Water Service Available for Single Family Homes Less Than 3,500 Square Feet. The monthly rate of $27.31 effective 01/01/2025 should be corrected to $28.22. The monthly rate of $30.04 effective 10/01/2025 should be corrected to $31.61. 1&l Volumetric Charge for 12,001 and over Gallons per Month, per 1,000 Gallons. The current monthly rate effective from 10/01/2023 of $19.06 should be corrected to $19.50. The monthly rate of $23.63 effective 01/01/2025 should be corrected to $24.18. The monthly rate of $26.47 effective 10/01/2025 should be corrected to $27.08. The following table summarizes the corrections proposed. Table A Indian River County Department ofUtility Services Rates, Fees, and Charges Schedule Charge Detail Unit Sewer Volumetric Charge with No County Water Service Available Single FamilyHomes <3,500 SgFt perERU I&I Volumetric Charge 12,001 and over Gallons per Month per 1,000 Gallons Funding: No funding is required for this item. Recommendation: Amount Current Rate Effective 1/1/25 Effective 10/ 22.76 27.31 30.04 28.22 31.61 CORRECTION CORRECTION 19.06 23.63 26.47 19.50 24.18 27.08 CORRECTION CORRECTION CORRECTION Staff recommends that the Board of County Commissioners (BCC) approve the proposed rate corrections to the Indian River County Department of Utility Services — Rates, Fees, and Charges Schedule for fiscal year 2023/2024, effective October 1, 2023, for fiscal year 2024/2025, effective January 1, 2025, and for fiscal year 2025/2026, effective October 1, 2025. 2 295 SLAVE Offi-Ce Of Attorney's Matters 1/28/2025 z INDIAN RIVER COUNTY ATTORNEY Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: January 3, 2025 SUBJECT: VAB Chair/Vice Chair election Background: Florida Statute 194.015 requires the Board of County Commissioners to appoint two Commissioners to serve on the Value Adjustment Board (VAB). Specifically, the statute states," There is hereby created a value adjustment board for each county, which shall consist of two members of the governing body of the county as elected from the membership of the board of said governing body, one of whom shall be elected as chairperson..." This year, the Commissioners assigned to the VAB are Chairman Flescher and Commissioner Earman. Traditionally, at the annual organizational meeting of the VAB in August, the members elect a Chair and Vice Chair. However, in 2024 the Florida Department of Revenue, Office of the General Counsel, issued an opinion interpreting Fla. Stat. 194.015 to require the Board of County Commissioners to elect a Chair of the VAB instead of the VAB membership. This would allow the VAB to have a Chair already in place to run the organizational meeting. The Clerk of Court has requested that this Board elect a Chair and Vice Chair of the VAB to have them in place for the VAB 2025 meetings. I have reached out to the VAB attorney, who agrees with this recommendation. Recommendation: Staff recommends the Board elect a Chair and Vice Chair of the Value Adjustment Board. 296 Office Of Attorney's Matters 1/28/2025 INDIAN RIVER COUNTY ATTORNEY Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM, County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: January 14, 2025 SUBJECT: Request for Closed Litigation Session - Sole Background: The County Attorney's Office has scheduled a closed litigation session on January 28, 2025, at 10:00 am. with the Board of County Commissioners to discuss settlement negotiations in the case of Michael & Jeannie Sole vs. Indian River County. The closed litigation session will be attended by Jennifer Shuler, County Attorney, John Titkanich, Jr., County Administrator, and members of the Board of County Commissioners. This meeting is not open to the public pursuant to F.S. 286.011(8). Discussion will be limited to settlement negotiations and litigation expenditures. The estimated time for the closed session is half an hour. The entire closed litigation session will be recorded by a certified court reporter. 297 166,R SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 10, 2025 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 7 to Geosyntec for Annual Permit, Compliance Monitoring, and Reporting for 2025 Descriptions and Conditions: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third -parry professional engineer. This agenda item requests authorization to engage the engineering firm of Geosyntec Consultants (Geosyntec) to perform the following tasks related to both permitting and reporting: 1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits. 2. Quarterly Assessment monitoring and reporting for the Class I landfill, and construction and demolition (C&D) debris disposal facility. 3. Annual reports required by the site's Title V air quality permit, including the annual statement of compliance, the annual operating report, semi-annual monitoring report, and the annual landfill gas sulfur content test. 4. Storage tank monitoring, well Installation, and reporting. 5. Preparation of the July 2023 to December 2025 technical report for the Class I landfill, and C&D disposal facility 6. Landfill gas migration monitoring. 7. Multi -sector general permit. af2237b1-2d6b-4088-ac6b-d43cc4b9d9e9 Page 1 of 2 298 SWDD Item In addition, a general technical assistance and permit compliance phase is included, as SWDD often requires engineering, technical, and construction services assistance in connection with annual facility upgrade, compliance, and operations. Analysis: Geosyntec has prepared Work Order No. 7, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the Continuing Contract Agreement for Professional Services (CCNA), dated May 2, 2023. The phases are listed below, showing the expected completion dates and their estimated fees. PHASE DESCRIPTION DUE DATE AMOUNT Phase 1 Project Management/Meetings December 31, 2025 $36,463.90 Phase 2 Semi -Annual Water Quality Sampling & Reporting March 2025 & $57,970.06 September 2025 March 2025, June 2025, Phase 3 Quarterly Assessment Monitoring & Reporting September 2025, and $83,664.42 December 2025 Phase 4 Storage Tank Monitoring, Wells Installation, and December 31, 2025 $47,642.12 Reporting Phase 5 Preparation of July 2023 to December 2025 Technical January 31, 2026 $32,128.64 Reporting Phase 6 Title V Permit Compliance Monitoring March — December 2025 $26,218.80 Phase 7 General Technical Assistance January 1, 2025 — $42,786.60 December 31, 2025 TOTAL (Lump Sum) _ $ 326,874.54 Funding: Funding for the SWDD Annual Permit Compliance Monitoring and Reporting is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130, for a total amount of $326,874.54, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 1 41121734-033130 $326,874.54 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 7 with Geosyntec Consultants for $326,874.54to provide engineering services related to the SWDD Annual Permit, Compliance Monitoring, and Reporting; and authorize the Chairman to execute the same, as presented. Attachment: Work Order No. 7 — Geosyntec af2237b1-2d6b-4088-ac6b-d43cc4b9d9e9 Page 299 WORK ORDER 7 This Work Order Number ? is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants. Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY M Print Name: Todd Kafaka Title: Vice President IN Joseph E. Flescher, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Jennifer W. Shuler, County Attorney 300 EXHIBIT A PROFESSIONAL SERVICES 301 1200 Riverplace Boulevard Geosyntec ° Suite 710 Jacksonville, FL 32207 PH 904-858-1818 consultants wwwgeosyntec.com 20 December 2024 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide 2025 Compliance Monitoring, Reporting, Preparation of July 2023 -December 2025 Technical Report and Other Technical Support Services Class I Landfill and C&D Debris Disposal Facility Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services supporting the operation of the Class I landfill and Construction and Demolition (C&D) debris disposal facility at the IRC Landfill (IRCL) site located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate for the compliance monitoring, reporting and other technical support services related to the operation of the solid waste disposal facilities in 2025. The proposal also presents the scope of work, schedule, and budget estimate for the preparation of the July 2023 to December 2025 Technical Report for the Class I Landfill and C&D Debris Disposal Facility to comply with the permit requirements. Geosyntec has prepared this proposal for professional services as Exhibit A of Work Order Number 7, pursuant to that certain Continuing Contract Agreement, dated 2 May 2023 ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of services; (iii) schedule; and (iv) budget estimate. NCP2323548\2025 Compliance Monitoring Proposal_F engineers I scientists I innovators 302 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 2 PROJECT BACKGROUND The IRCL site is located south of Oslo Road, west of Range Line Road (74th Avenue) and east of Interstate 95 in Section 25, Township 33 South, Range 38 East in Indian River County, Florida. The IRCL site occupies 276 acres, with approximately 141.5 acres permitted for Class I disposal, 22 acres is comprised of Cell 1 C&D debris disposal facility, and 2.5 acres consists of a C&D debris recycling facility. The Class I landfill currently accepts both Class I waste and C&D debris for disposal under the Florida Department of Environmental Protection (FDEP) Construct and Operate Permit Modification Nos. 0128769 -026 -SC -IM and 0128769 -033 -SO -MM, dated November 30, 2022 (Class I Permit). The C&D debris disposal facility operates under FDEP Permit No. 0128769- 032 -SO -24, dated June 1, 2022 (C&D Permit). Semi -Annual Water Oualitv Compliance Monitorine and ReAortin The Water Quality Monitoring Plan (WQMP) for each of the IRCL facilities permits (which is listed as Appendix 3 of each permit) indicates that groundwater and surface water quality monitoring are required. Semi-annual sampling of the Class I landfill and C&D debris disposal facility groundwater monitoring wells shall be conducted in January and July 2025. The samples collected from the Class I landfill and C&D debris disposal facility monitoring wells shall be analyzed for the routine monitoring parameters listed in Section II.3 (Class I Permit) and Paragraph 8 (C&D Permit) of the WQMP, respectively, as required by paragraphs 62- 701.510(5)(c) & (7)(a) and 62-701.730(8)(d), Florida Administrative Code (F.A.C.). Samples from one surface water monitoring site (SW -2) shall be collected semi-annually in January and July, if water is discharging from the stormwater pond. The samples, if collected, shall be analyzed for the list of parameters listed in Section III.2 of the Class I Landfill WQMP, as required by paragraphs 62-701.510 (5)(d) and (7)(b), F.A.C. Geosyntec will perform the field sampling activities, and the analytical testing will be conducted by Eurofins Scientific Laboratory (Eurofins), the analytical laboratory contracted with, and direct bill to, SWDD. The results of the semi-annual water -quality monitoring events are to be reported to the FDEP within 60 days of receipt of analysis from the laboratory. Ouarterly Assessment Monitoring for the C&D Debris Disposal Facility Geosyntec understands that results of routine sampling of C&D debris disposal facility groundwater monitoring well (MW -21 S) in January 2017 indicated exceedances of benzene and sodium groundwater cleanup target levels (GCTLs). As a result, the SWDD was requested by the FDEP to initiate evaluation monitoring in accordance with subsection 62-701.510(6), F.A.C. NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers 1 scientists i innovators 303 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 3 Pursuant to this request the SWDD installed one groundwater monitoring well (MW -49S) in July 2017. These and other wells (MW -215, MW -335, MW -35S, MW -405, MW -49S, MW -50S, MW -51S, and MW -52S) and seven surface water (SW) Lateral Canal (LC) sample sites (SW - LCI, SW-LC2, SW-LC3, LC-SW4, LC-SW5, LC-SW6, and LC-SW8) have been sampled quarterly from July 2017 to October 2020 under an evaluation monitoring program with the FDEP. However, in correspondence dated 14 October 2019 from the FDEP to the SWDD, the FDEP approved the SWDD's request to replace the evaluation monitoring of the eight groundwater wells and surface water sample sites with quarterly assessment monitoring and with the addition of other parameters (arsenic, benzene, naphthalene, and other semi -volatile organic compounds [VOCs]) to the suite of parameters to be analyzed for at these wells. The FDEP also requested sampling of additional surface water sites in the Lateral C Canal for the purpose of establishing background water -quality conditions. Therefore, in 2020 Geosyntec working on behalf of the SWDD sampled all seven surface water sites except for April 2020 where the FDEP agreed to a reduction to three locations. The reduction to three surface water sampling locations was approved for sampling events and the total number of surface water sampling locations is assumed to be seven for the 2025 sampling events. In 2021, Geosyntec working on behalf of the SWDD eliminated six surface water sampling locations (SW-LC2, LC-SW5, LC-SW7, LC-SW8, LC-SW9 and LC-SW10) and discontinued the sampling of MW -33S and MW -35S. Additionally, Geosyntec working on behalf of the SWDD in 2021 reduced the collection frequency of arsenic, benzene, naphthalene, 1 -methylnaphthalene, 2 -methylnaphthalene, acenaphthene, and anthracene at MW -21 S and MW -49S from quarterly to semi-annual. Geosyntec will continue working with the FDEP to further reduced the surface and groundwater quarterly sampling scope at the C&D debris disposal facility in 2025 in order to provide overall cost savings to the County. Therefore, in addition to the semi-annual sampling of the C&D debris disposal facility monitoring wells in January and July 2025, six wells and four surface water sample sites will also be sampled in April and October 2025 as part of the 2025 compliance monitoring and reporting program. uarterly Assessment Monitoring for the Class I Landfill A comment letter from the FDEP dated 6 May 2020 provided comments regarding the results of the January 2020 Semi -Annual Water Quality Monitoring Report for the Class I landfill. The FDEP provided notification to the SWDD to initiate evaluation monitoring at all monitoring wells with detected exceedances above applicable (GCTLs for pH, ammonia, chloride, sodium, total dissolved solids (TDS) and arsenic. Geosyntec provided a response to comments (RTC) letter to the FDEP comment letter on 28 May 2020 which focused on the long-term trends with the dataset available from the FDEP Water Assurance Compliance System (WACS) database and requested a reduction of evaluation monitoring locations from 25 locations (as originally NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 304 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 4 requested by the FDEP in the 8 May 2020 letter) to four (4) locations (specifically downgradient of MW -3S, MW -14S, MW -44S and MW -441). The FDEP approved this request in a letter dated 14 August 2020 and the 90 -day evaluation monitoring period was initiated on 17 September 2020 through a second RTC letter provided to the FDEP. Geosyntec installed the three (3) groundwater evaluation monitoring wells in November 2020 (evaluation monitoring well not installed downgradient of MW -14S since MW -14S was already located at the edge of the Class I landfill zone of discharge), sampled the four (4) quarterly wells and collected field parameters from two staff gauges (C5 -SWI and C5-SW3) for Total Ammonia Nitrogen (TAN) calculation in November 2020. During the 2021 quarterly sampling, Geosyntec working on behalf of the SWDD reduced the quarterly parameters analyzed and negotiated the use of a site-specific ammonia GCTL based on TAN calculations thus adding a surface water screening location north of MW -53S. In 2024, Geosyntec further reduced the sampling scope for the remaining evaluation monitoring wells at the Class I landfill. Therefore, sampling of the four Class I landfill groundwater evaluation monitoring wells and four surface water field parameter screening locations will be included in the 2025 quarterly monitoring and reporting program. Storage Tank Groundwater Monitoring Wells Sampling and Reporting Permit Modification No. 0128769 -033 -SO -MM and Approval of Request for Alternate Procedure — SWAP 22-1 (i.e., Order), effective 22 July 2022, authorized the SWDD to use an existing 500,000 -gallon tank as a leachate storage tank for the leachate evaporator system for the Class I Landfill. Conditions of this approval required the SWDD to install four new groundwater monitoring wells (MW -49 to MW -52) around the periphery of the leachate storage tank, which were installed in February 2023. Upon well installations, the SWDD was also required to conduct an initial and three additional sampling events (on a weekly basis) and conduct two quarterly sampling events after the initial filling of the tank with leachate. Based on the timeline of when the tank was initially filled with leachate on 30 August 2023, the well installations, initial sampling event, and three weekly sampling events were documented to the FDEP in 2023. In 2024, Geosyntec completed four quarters of sampling from these wells and submitted the two Semiannual Reports. Based on review of the July 2022 Order, in 2025, the quarterly sampling is required to continue and an Annual Report will be submitted to FDEP on behalf of SWDDD. Preparation of July 2023 to December 2025 Technical Report The Water Quality Monitoring Plan (WQMP) for each of the IRCL facilities permits (which is listed as Appendix 3 of each permit) requires the preparation and submittal of a Technical Report to FDEP every two and one-half years during the active life of the facility, and every five years NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 305 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 5 during the long-term care period. The report shall summarize the water quality monitoring results and water level measurements collected since the last Technical Report. The last Technical Report for both facilities was submitted to FDEP on 31 July 2023 for the reporting period January 2021 through June 2023. The next Technical Report for the reporting period July 2023 through December 2025 is due for submittal to FDEP by 31 January 2026 and is included in this proposal. Title V Air Operation Permit Compliance The SWDD was issued a Title V Air Operation renewal permit (Permit No. 0610015 -008 -AV), proposed on 7 December 2022. The permit requires that the SWDD prepare and submit to the FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4 the following: • Annual statement of compliance (within 60 days after the end of the calendar year); • Electronic Annual Operating Report (AOR) and Title V Emissions Fee (on or before April 1 of each year, for the previous calendar year); • Semi -Annual Monitoring Report (scheduled for March 1 and August 29); and • Results of an annual landfill gas (LFG) sulfur content test (Annual Emissions Report for Sulfur Dioxide letter report and included in the Electronic Annual Operating Report). The annual emissions fee is automatically calculated based on emissions reported for marked pollutants on the FDEP's electronic Annual Operating Report (EAOR). Upon submission of the EAOR, the Annual Title V Emissions Fee invoice is generated, and this must be paid by April 1, 2025 for the 2024 reporting period. Landfill Gas Migration Monitoring The Class I Landfill solid waste permit also requires quarterly monitoring of LFG migration around the perimeter of the site and within enclosed structures. Multi Sector General Permit The SWDD authorization to discharge the overflow of stormwater from the sedimentation pond into the C-6 canal is governed by a five-year Multi Sector General Permit (MSGP) issued by the FDEP. The permit requires that the outfall be sampled quarterly during the first and fourth year of the permit for a list of parameters and the results reported to the FDEP by the first quarter of the fifth year of the permit. This proposal presents the scope of work and budget estimate for the: (i) semi-annual water - quality compliance monitoring and reporting for the Class I landfill and C&D debris disposal NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 306 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 6 facility; (ii) quarterly assessment monitoring of the eight groundwater wells and three surface water sample sites for the C&D debris disposal facility; (iii) quarterly evaluation monitoring of the groundwater wells and surface water sample sites for the Class I landfill; (iv) storage tank monitoring well sampling and reporting as required by the Order; (v) compliance with Title V permit requirements; (iv) preparation of the July 2023 to December 2025 Technical Report; and (v) other technical and miscellaneous permit compliance support services that may be required by the SWDD in 2025. PROPOSED SCOPE OF SERVICES The proposed scope of services includes activities to be performed on behalf of the SWDD for the compliance monitoring reporting and other technical support services for the Class I landfill and C&D debris disposal facility. For the purpose of budgeting, the scope of work has been divided into the following seven (7) main phases: • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Semi -Annual Sampling and Reporting; • Phase 3 — Quarterly Assessment Monitoring and Reporting; • Phase 4 — Storage Tank Groundwater Monitoring Well Sampling and Reporting; • Phase 5 — Preparation of July 2023 to December 2025 Technical Reporting; • Phase 6— Title V Permit Compliance and Reporting; and • Phase 7— Technical and Miscellaneous Permit Compliance Support and Reporting. The above scope of services is based on current regulations and reporting requirements for the IRCL facility as previously discussed above. An amendment to this scope of services may be needed should there be any regulatory changes that result in additional work. The remainder of this section presents a general description of the activities to be performed in each phase. Phase 1— General Consultina/Meetina Support/Proiect Manazement Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with the SWDD and FDEP, invoice review, project coordination, and project administration. Project management activities will include budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The report will include a description of the activities completed during the month and planned activities for the following month. Geosyntec has also included budget for preparation NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 307 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 7 and attendance (by two Geosyntec personnel) at one meeting with the SWDD and/or FDEP, as needed. Phase 2 — Semi -Annual Sampline and Reporting (Both C&D Debris Disposal Facility and Class I Landfill) Geosyntec will assist the SWDD to perform the semi-annual sampling and prepare the water - quality monitoring reports as required by the WQMP. Geosyntec will assist the SWDD with conducting all field sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. Prior to collecting the groundwater samples in January and July 2025, Geosyntec will perform water -level measurements from the Site monitoring well network and installed staff gauges adjacent to the Site. Geosyntec will then perform semi-annual sampling of the Class I landfill and C&D debris disposal facility groundwater monitoring wells in January (34 wells) and July (25 wells) of 2025. We will also perform semi-annual (January and July) sampling of the surface water site (SW -2) if it is discharging from the stormwater pond. It is estimated that data collection and sampling will take five (5) full days in January and four (4) full days in July for the semi-annual monitoring and reporting for the Class I landfill and C&D debris disposal facility. Geosyntec will deliver the samples to Eurofins laboratory for analytical testing under the SWDD's contract (i.e., Eurofins laboratory will directly invoice the SWDD). The laboratory analytical testing will be conducted by Eurofins testing laboratory. The samples collected from the Class I landfill monitoring wells will be analyzed for the routine monitoring parameters listed in paragraph 7 of the WQMP and in accordance with paragraph 62- 701.510(5)(c) & (7)(a), F.A.C. The samples collected from the C&D debris disposal facility monitoring wells, with the exception of the quarterly assessment wells, will be analyzed for the routine monitoring parameters listed in paragraph 8 of the WQMP and in accordance with 62- 701.739(8)(d), F.A.C. The samples from the surface water site (SW -2) will be analyzed for the list of parameters listed in Section III.2 of the Class I Landfill WQMP, as required by paragraphs 62-701.510 (5)(d) and (7)(b), F.A.C. Geosyntec will assist the SWDD in coordinating the analytical testing activities with Eurofins, notify the FDEP prior to sampling as required by the WQMP, review and evaluate the analytical test results, and prepare the semi-annual reports. The results of water -quality sampling under the WQMP will be presented in a report supported by attachments containing chain -of -custody sheets, field notes and observations, water sampling logs, maps, analytical results, and any other applicable materials. The reports will include groundwater completion report form and groundwater elevation contour map, both signed and NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 308 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 8 sealed by a Florida registered professional engineer. These reports will be submitted to the SWDD for review prior to submittal to the FDEP. The reports (in Adobe format) and analytical data Electronic Data Deliverable (EDD) will be submitted electronically to the FDEP using the ADaPT software in accordance with Section V.E of the WQMP. According to the WQMP, monitoring test results shall be submitted to the FDEP within 60 days from completion of laboratory analyses. Phase 3 — Quarterly Assessment Monitoring and Reporting (Both C&D Debris Disposal Facility and Class I Landfill) Geosyntec will perform quarterly sampling events for Calendar Year 2025 (January, April, July, and October) of five (5) groundwater wells (MW -21S, MW -49S, MW -50S, MW -51S, and MW - 52S) and four (4) surface water sample sites (SW -LCI, SW-LC3, LC-SW4, and LC-SW6) for the C&D debris disposal facility and at seven (7) groundwater monitoring wells (MW -3S, MW - 14S, MW -44S, MW -44I, MW -53S, MW -54S, and MW -54I) and four (4) surface water samples (C5 -SWI, SW -MW -145, SW -MW -53S, and SW -MW -54S) for the Class I landfill. The January and July sampling will be performed as part of the semi-annual sampling program under Phase 2 for the C&D debris disposal facility and assumed to take three (3) additional days to complete. The April and October data collection and sampling will each take four (4) days to complete. Geosyntec will deliver the samples to Eurofms laboratory for analytical testing under the SWDD's contract (i.e., Eurofins will directly invoice the SWDD for laboratory charges). For the C&D debris disposal facility, the quarterly assessment monitoring samples (including those collected in January and July) will be analyzed for the routine monitoring parameters listed in Paragraph 8 of the WQMP (C&D Permit) plus arsenic and benzene. For the Class I landfill, the quarterly assessment groundwater monitoring samples will be sampled for parameters as required by subparagraph 62-701.510(6)(a)3, F.A.C. The surface water samples will be screened for field parameters. Geosyntec will assist the SWDD in coordinating the analytical testing activities with Eurofins, notify the FDEP prior to sampling as required by the WQMP, review and evaluate the analytical test results, and prepare a letter report for each quarterly assessment monitoring event. The reports will be submitted in draft forms to the SWDD for review and comment and will be finalized, with the SWDD's comments implemented, for submittal to the FDEP. Any changes to the monitoring and reporting requirements that might be requested by the FDEP based on the results of the quarterly assessment monitoring will be performed under Phase 7 below. NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 309 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 9 Phase 4 — Storage Tank Monitoring Well Sampling and Reporting In accordance with Table 2 of the Order, Geosyntec will assist the SWDD with quarterly monitoring of well associated with the leachate storage tank, analytical testing by Eurofms under direct contract to the SWDD, and preparation of the 2025 annual summary report for submittal to the FDEP. Phase 5 — Prepare July 2023 — December 2025 Technical Report Geosyntec will prepare the Technical Report for the Class I landfill and C&D debris disposal facility. The report will summarize and interpret water quality data and water level measurements collected over the last two and one-half (2.5) years of operation and covering five (5) semi-annual reporting events from July 2023 through December 2025. The Technical Report will comply with the requirements of the Facilities WQMPs, and will address the following: • tabular and graphical display of the data that show a monitoring parameter has been detected, including hydrographs for all monitoring wells; • trend analysis for detected parameters; • comparison among shallow, intermediate and deep zones; • comparison between up -gradient and down gradient monitoring wells; • correlation between related parameters; • discussion of erratic and/or poorly correlated data; • an interpretation of groundwater contour maps; and • an evaluation of the adequacy of the monitoring plan. Geosyntec will submit the report to the FDEP by 31 January 2026. Phase 6 — Title V Permit Compliance and Reporting Geosyntec will assist the SWDD in complying with the operation, monitoring, and reporting requirements for of the active landfill gas collection and control system (GCCS) under the current Title V Air Operation Permit No. 0610015 -008 -AV. The following permit compliance support services will be provided: • Annual Statement of Compliance: Geosyntec will prepare and submit the annual Statement of Compliance for the Class I Landfill. This compliance document must be submitted to the FDEP within 60 days after the end of the calendar year, as required by subparagraph 62-213.440(3)(a)(2), F.A.C. NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists i innovators 310 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 10 • Electronic Annual Operating Report (EAOR): Geosyntec will prepare and submit to the FDEP the EAOR for the Class I landfill for the calendar year 2025. This report be submitted on or before April 1 of each calendar year, as required by subsection 62- 210.370(3), F.A.C. As part of this task, Geosyntec will perform calculations to estimate the annual emission rates of non -methane organic compounds (NMOCs) and VOCs from the LFG to determine if the facility designation has changed from voluntary to mandatory with regard to operation and reporting requirements of the active GCCS under the New Source Performance Standards (NSPS) requirements. The results of the annual LFG sulfur content test will be used in the EAOR calculations. In the event of a status change, Geosyntec will advise the SWDD of its implications. • Semi -Annual Monitoring Report: Geosyntec will prepare and submit two semi-annual monitoring reports to demonstrate compliance with the federal requirements of the Title V permit. The reports will address the following permit conditions or compliance requirements: o Submittal of reports of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in such reports. o Reporting, in accordance with requirements of subsection 62-210.700(6) and Rule 62- 4.130, F.A.C., of deviations from permit requirements, including those attributable to upset conditions defined in the permit. Reports shall include the probable cause of such deviations, and any corrective actions or preventative measures taken. o Reports shall be accompanied by a responsible official, pursuant to subsection 62- 213.420(4), F.A.C. The reports will only address deviations from the Title V permit conditions. Landfill and LFG operation and maintenance (O&M) data are not required to be reviewed and submitted to the FDEP per the Title V permit. • Annual Title V Emissions Fee: The EAOR application used for reporting to the FDEP will automatically calculate the annual emission fee for the facility. Geosyntec will notify the SWDD of the fee amount and will submit the check for payment of the fee on behalf of the SWDD prior to the April 1 deadline. • Annual LFG Sulfur Content Test: Geosyntec will collect three samples of LFG annually to determine the sulfur content in accordance with ASTM Method D5504-12 or D7493. The samples will be tested by a certified air testing laboratory. The laboratory test results will be used to calculate sulfur emissions and a report prepared for submittal to the FDEP. The LFG sulfur content testing will be completed no later than 31 NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 311 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 11 December 2025, and the corresponding reporting will be completed no later than 45 days after testing. Phase 7 — Technical and Miscellaneous Permit Compliance Support and Reporting Under this phase, Geosyntec will provide the SWDD with technical support and miscellaneous permit compliance support services related to the Class I landfill and C&D disposal facility on an as -needed basis. These services may include: • reporting required by the Multi -Sector Generic Permit for stormwater discharge; • assist the SWDD in updating the draft SWPPP that was completed and submitted to the SWDD; • quarterly monitoring and reporting of the LFG monitoring wells located at the perimeter of the site and also in enclosed structures; • miscellaneous permit and compliance support services; • assistance with preparing annual budgets for the SWDD; • preparing agenda items for and attending the SWDD Board of County Commissioners meetings upon request; • quarterly methane readings as required by the Class I landfill permit; • sampling and reporting for additional monitoring wells and surface water for the C&D debris disposal facility depending on the results of the semi-annual and quarterly sampling and analytical testing; and • other services as needed. As part of these services, Geosyntec proposes to assist the SWDD with the evaluation and resolution of issues pertaining to the exceedances in select analytes of the C&D debris disposal facility and Class I landfill monitoring wells and surface sample sites should these issues arise. NCP2323548/JL23073_2025 Compliance Monitoring Proposal engineers I scientists I innovators 312 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 12 SCHEDULE Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from the SWDD. The compliance reports required by each permit will be completed and submitted to the FDEP before the deadlines discussed above. Other technical and miscellaneous permit compliance support services will be provided on an as -needed basis. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $326,874.54. A budget estimate for the scope of work outlined in Phases 1 through 7 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment 1. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for the SWDD during 2007 and 2008 as well as 2020 through 2024, and experience with compliance monitoring, and reporting at similar facilities. Phase 1 — General Consulting/Meeting Support/Project Management $36,463.90 Phase 2 — Semi -Annual Sampling and Reporting $57,970.06 Phase 3 — Quarterly Assessment Monitoring and Reporting $83,664.42 Phase 4 — Storage Tank Groundwater Monitoring Well Sampling and Reporting $47,642.12 Phase 5 — Preparation of July 2023 to December 2025 Technical Report $32,128.64 Phase 6 — Title V Permit Compliance and Reporting $26,218.80 Phase 7 — Technical and Miscellaneous Permit Compliance Support and Reporting $42,786.60 TOTAL $326,874.54 Geosyntec will invoice the SWDD each month of the project on a lump sum, percent complete basis in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not exceed the budget estimate without prior approval and written authorization from the SWDD. NCP2323548/JL23073_2025 Compliance Monitoring Proposal engineers I scientists I innovators 313 Mr. Himanshu H. Mehta, P.E. 20 December 2024 Page 13 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Graver's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, Cristina Graver, P.E. Senior Engineer Copies — Tim Copeland, Ph.D., P.E. — Geosyntec Ron T. Jones, BCEE — SWDD Attachment 1— Detailed Budget Estimate Matt Wissler, Ph.D., P.G. Senior Principal NCP2323548/JL23073 2025 Compliance Monitoring Proposal engineers I scientists I innovators 314 ATTACHMENT I BUDGET ESTIMATE 315 Table 1 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 01: GENERAL CONSULTING/MEETING SUPPORT/PROJECT MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 6 $1,860.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 40 $10,600.00 d. Project Professional Hr $235 74 $17,390.00 e. Professional Hr $207 0 $0.00 f. Senior Staff Professional Hr $184 10 $1,840.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $31,690.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 0 $0.00 c. Project Administrator Hr $90 36 $3,240.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $3,240.00 C. Reimbursables a. Lodging Day $150 0 $0.00 b. Per Diem Day $55 0 $0.00 c. Communications Fee 3% Labor $0.03 $34,930 $1,047.90 d. CADD Computer System Hr $15 0 $0.00 e. Vehicle Rental & Fuel Day $150 3 $450.00 f. 8"x11" Photocopies Each $0.12 300 $36.00 g. CADD Drawings Each $3 0 $0.00 Subtotal Reimbursables $1,533.90 TOTAL ESTIMATED BUDGET: PHASE 01 $36,463.90 JL22076/2025 Compliance Monitoring Costing_ Geosyntec Consultants 316 Table 2 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 02: SEMI-ANNUAL SAMPLING AND REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $310 4 $1,240.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 30 $7,950.00 d. Project Professional Hr $235 36 $8,460.00 e. Professional Hr $207 16 $3,312.00 f. Senior Staff Professional Hr $184 130 $23,920.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $44,882.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 20 $3,000.00 c. Project Administrator Hr $90 8 $720.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $3,720.00 C. Reimbursables a. Field Vehicle Day $150 10 $1,500.00 b. Miscellaneous Supplies Day $50 10 $500.00 c. Communications Fee 3% Labor $0.03 $48,602 $1,458.06 d. Lodging Day $164 10 $1,640.00 e. Groundwater Sampling Kit (per sampler) Day $300 10 $3,000.00 f. Water Level Measurement Kit ( per sampler) Day $30 10 $300.00 g. Per Diem Da $55 10 $550.00 h. CADD Computer System Hr $15 20 $300.00 i. 8"x11" Photocopies Each $0.12 500 $60.00 j. CADD Drawings Each $3 20 $60.00 Subtotal Reimbursables $9,368.06 TOTAL ESTIMATED BUDGET: PHASE 02 $57,970.06 JL22076/2025 Compliance Monitoring Costing_ Geosyntec Consultants 317 Table 3 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND CSD DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 03: QUARTERLY ASSESSMENT MONITORING AND REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 4 $1,240.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 40 $10,600.00 d. Project Professional Hr $235 70 $16,450.00 e. Professional Hr $207 20 $4,140.00 f. Senior Staff Professional Hr $184 210 $38,640.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $71,070.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 20 $3,000.00 c. Project Administrator Hr $90 0 $0.00 d. Clerical Hr 1 $68 8 $544.00 Subtotal Technical/Administrative Services $3,544.00 C. Reimbursables a. Field Vehicle Day $150 10 $1,500.00 b. Miscellaneous Supplies Day $50 10 $500.00 c. Communications Fee 3% Labor $0.03 $74,614 $2,238.42 d. Lodging Day $164 8 $1,312.00 e. Groundwater Sampling Kit (per sampler) Day $300 8 $2,400.00 f. Water Level Measurement Kit ( per sampler) Day $30 8 $240.00 g. Per Diem Day $55 8 $440.00 h. CADD Computer System Hr $15 20 $300.00 i. 8"x11" Photocopies Each $0.12 1 500 $60.00 j. CADD Drawings Each $3 1 20 $60.00 Subtotal Reimbursables $9,050.42 TOTAL ESTIMATED BUDGET: PHASE 03 $83,664.42 JL22076/2025 Compliance Monitoring Costing_ Geosyntec Consultants 318 Table 4 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 04: STORAGE TANK MONITORING WELLS SAMPLING & REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 6 $1,860.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 50 $13,250.00 d. Project Professional Hr $235 0 $0.00 e. Professional Hr $207 50 $10,350.00 f. Senior Staff Professional Hr $184 86 $15,824.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $41,284.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 12 $1,800.00 c. Project Administrator Hr $90 8 $720.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $2,520.00 C. Reimbursabies a. Lodging Day $150 4 $600.00 b. Per Diem Day $55 4 $220.00 c. Communications Fee 3% Labor $0.03 $43,804 $1,314.12 d. CADD Computer System Hr $15 12 $180.00 e. Vehicle Rental & Fuel Day $150 10 $1,500.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3 8 $24.00 Subtotal Reimbursables $3,838.12 TOTAL ESTIMATED BUDGET: PHASE 04 $47,642.12 JL22076/2025 Compliance Monitoring Costing_ Geosyntec Consultants 319 Table 5 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 05: PREPARATION OF TECHNICAL REPORT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 4 $1,240.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 20 $5,300.00 d. Project Professional Hr $235 30 $7,050.00 e. Professional Hr $207 40 $8,280.00 f. Senior Staff Professional Hr $184 40 $7,360.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $29,230.00 B. Technical/Administrative Services a. Senior CADD Designer Hr $195 0 $0.00 b. CADD Designer Hr $165 8 $1,320.00 c. Senior Drafter/Senior CADD Operator Hr $150 0 $0.00 d. Administrative Assistant Hr $90 0 $0.00 e. Clerical Hr $68.00 8 $544.00 Subtotal Tec $1,864.00 C. Reimbursables a. Lodging Day $150 0 $0.00 b. Per Diem Day $55.00 $0 $0.00 c. Communications Fee 3% Labor $0 30488 $914.64 d. CADD Computer System Hr $15 8 $120.00 e. Vehicle Rental & Fuel Day $150.00 0 $0.00 f. 8"x11" Photocopies Each $0 0 $0.00 g. CADD Drawings Each 311 0 $0.00 Subtotal Reimbursables $1,034.64 TOTAL ESTIMATED BUDGET: PHASE 05 $32,128.64 320 Table 6 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 06: TITLE V PERMIT COMPLIANCE AND REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $310 4 $1,240.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 26 $6,890.00 d. Project Professional Hr $235 0 $0.00 e. Professional Hr $207 30 $6,210.00 f. Senior Staff Professional Hr $184 40 $7,360.00 g. Staff Professional Hr 1 $160 0 $0.00 Subtotal Professional Services $21,700.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 6 $900.00 c. Project Administrator Hr $90 4 $360.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $1,260.00 C. Reimbursables a. Lodging Day $150 2 $300.00 b. Per Diem Day $55 2 $110.00 c. Communications Fee 3% Labor $0.03 $22,960 $688.80 d. CADD Computer System Hr $15 6 $90.00 e. Vehicle Rental & Fuel Day $150 1 2 $300.00 f. 8"x11" Photocopies Each $0.12 500 $60.00 g. CADD Drawings Each $3 20 $60.00 h. Subcontractor LS $1,500 1.1 $1,650.00 Subtotal Reirnbursablesl $3,258.80 TOTAL ESTIMATED BUDGET: PHASE 06 $26,218.80 JL22076/2025 Compliance Monitoring Costing_ Geosyntec Consultants 321 Table 7 BUDGET ESTIMATE 2025 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 07: TECHNICAL MISCELLANEOUS COMPLIANCE SUPPORT SERVICES ITEM BASIS RATE QUANTITY ESTIMACOST TED A. Professional Services a. Senior Principal Hr $310 30 $9,300.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 40 $10,600.00 d. Project Professional Hr $235 40 $9,400.00 e. Professional Hr $207 0 $0.00 f. Senior Staff Professional Hr $184 50 $9,200.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $38,500.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/CADD Operator Hr $150 8 $1,200.00 c. Project Administrator Hr $90 8 $720.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $1,920.00 C. Reimbursables a. Lodging Day $150 2 $300.00 b. Per Diem Day $55 2 $110.00 c. Communications Fee 3% Labor $0.03 $40,420 $1,212.60 d. CADD Computer System Hr $15 8 $120.00 e. Vehicle Rental & Fuel Day $150 2 $300.00 f. 8"x11" Photocopies Each $0.12 200 $24.00 g. CADD Drawings Each $3 100 $300.00 Subtotal Reimbursables $2,366.60 TOTAL ESTIMATED BUDGET: PHASE 07 $42,786.60 JL22076/2025 Compliance Monitoring Costing_ Geosyntec Consultants 322 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 10, 2025 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 18 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) to annually prepare a Full Cost Accounting Report and a Financial Assurance Report that must be certified by a third -party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long-term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management, and disposal of solid waste in the county. Analysis: Kimley-Horn and Associates, Inc. (KHA) has prepared Work Order No. 18, per the Continuing Consulting Engineering Services Agreement for Professional Services, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement entered into on May 2, 2023. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 Full Cost Accounting Report 30 Days from NTP lai $9,800 Financial Assurance Report $ 0 Task 2 2.1— Closure Cost Adjustment 30 Days from NTP Ib� $111,8800 2.2 — Survey/Air Space Adjustment 90 Days from NTP , Task 3 1 Landfill Depletion Model 1 $15,000 Subconsultant — MM&T Survey and Other Direct Costs $20,625 TOTAL (Lump Sum) _ $65,625 NTP — Notice to Proceed (a) And receipt of data from SWDD (b) Escrow balance and budget recommendations will be provided within 30 days of receipt of information from SWDD 74c79af2-3f1c-44c5-9d8b-405dda13df07 Page 1 of 2 323 SWDD Item Funding: Funding for the SWDD Annual Financial Reports is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130, for a total amount of $65,625, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 41121734-033130 $65,625 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 18 with Kimley-Horn and Associates, Inc. for $65,625 to provide engineering services related to the SWDD Annual Financial Reports; and authorize the Chairman to execute the same, as presented. Attachment: Work Order No 18 — KHA 74c79af2-3flc-44c5-9d8b-405dda13df07 Page 2 of 2 324 ENGINEERING SERVICES WORK ORDER 18 This Work Order Number 18 is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B of the Agreement (Rate Schedule) for RFQ 2023015, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSU NT: BOARD OF COUNTY COMMISSONERS OF INDIAN RIVER COUNTY: By: Name: W.kj),.1 2LL014(14 By: Title: Senior Vice President Joseph E. Flescher, Chairman BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 325 WORK ORDER NUMBER 18 FISCAL YEAR 2023 — 2024 FULL COST ACCOUNTING, FINANCIAL ASSURANCE AND LANDFILL DEPLETION MODEL EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (COUNTY) Solid Waste Disposal District (SWDD) is required to update and submit the landfill closure cost estimate to the Florida Department of Environmental Protection (FDEP) Solid Waste Operations Permit No. 0128769 -023 -SO Specific Condition F.2. SWDD is also required to document full cost accounting and financial assurance every five years in accordance with Specific Condition A.6; however, to ensure that the landfill escrow balance remains on track to adequately cover the closure costs, SWDD completes the full cost accounting and financial assurance process annually (without submittal to FDEP). Kimley-Horn and Associates (CONSULTANT) will perform the following Scope of Services for the preparation of the Full Cost Accounting Evaluation (Fiscal Year 2023-2043), Financial Assurance (FY 2024- 2025), and Closure Cost Estimate Update. The Scope of Services will also include the incorporation of results of the survey into an update of the depletion model, developed during the previous work authorization, into the Financial Assurance report or via standalone technical memorandum to simulate the filling sequence of the available airspace to more accurately predict the timing for construction of future cells. SCOPE OF SERVICES Task 1: Full Cost Accounting Evaluation for Fiscal Year 2023 - 2024 In accordance with the requirements of Chapter 62-708.400(1), F.A.C., and F.S. 403.7049, the COUNTY shall determine the full cost for solid waste management services. This shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. CONSULTANT will prepare a draft table using information provided by the COUNTY within 60 days of receipt of the data from the COUNTY. The draft public notice, summary tables and working documents will be provided electronically, unless otherwise requested. The COUNTY will coordinate and facilitate publication of the public notice. In accordance with Chapter 403.7049 Florida Statutes: "Each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, ofthe full costfor solid waste management Page 1 of 6 326 as determined pursuant to subsection (1). Counties shall provide the information required of municipalities only to residential and nonresidential users ofsolid waste management services within the county's service area that are notservedbya municipality. Municipalities shall include costs charged to them or persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users ofsolid waste management services. " Task 2: Financial Assurance FY24-25 The COUNTY operates both a Class I landfill and a Construction and Demolition Debris Landfill through a contract with Republic Services. In accordance with Chapter 62-701, F.A.C., the COUNTY is required to submit cost adjustments based on an inflation factor for closure annually. Every five years, the closure cost estimate must be revised by recalculating the total cost of closure. Subtask 2.1 Closure Cost Estimate Adjustment CONSULTANT will provide the Closure Cost Estimate adjustment to the COUNTY based on the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2023-2024, and escrow budget recommendations for Fiscal Year 2024-2025. Subtask 2.2 Survey and Airspace Assessment CONSULTANT will provide surveys and assessments of airspace used by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I landfill and C&D debris disposal facility. The topographic survey will be performed on the entire COUNTY landfill site, including the Class I waste area (Segment I, II, and III and the ditches and roadways surrounding the Class I area), the C&D disposal facility (waste area, fence line, ditches and berms adjacent to C&D Debris site), expansion areas, stormwater pond, and administrative area. The deliverable from MM&T will consist of a survey identifying the dates the field survey was completed. The airspace consumed, and the remaining airspace will be calculated and provided. The survey shall also include the results of the volumetric calculations for Segments II and II portions of the Class I landfill, and the C&D disposal facility. Deliverables accompanying the survey are as described in MM&T's proposal, attached. For the Class I Landfill (Segments I, II, and III), the analysis will include an evaluation of the waste compaction, so the COUNTY may determine whether Republic Services is meeting its contractual compaction requirements. Page 2 of 6 327 Task 3: Landfill Depletion Model Preparation of the FA and FCA (Tasks 1 and 2) typically rely on total permitted capacity of each cell or segment of the landfill to determine the anticipated closure date for financial planning; however, in reality, the full capacity of a cell cannot be reached until the subsequent cell is constructed to a certain elevation to reach the last of the usable air space in the prior cell. Constructability limits the ability to discretely close one cell before moving to the next cell. The CONSULTANT will utilize a depletion model for Class 1 waste developed in a previous work authorization to more accurately determine when the next cell must be online in order to maximize the capacity in the active cell. The results of the volumetric survey obtained under this scope of services will be incorporated into an update to the depletion model, and summarized as an appendix to the Financial Assurance or standalone technical memorandum. Waste generation will be projected using historical data and adjusted utilizing BEBR population projections to incrementally increase the volume of waste anticipated in future years. Population projection growth will be used with straight line interpolation between data points (BEBR publishes 5 -year increments). A Civil 3D surface will be generated, representative of the current volumetric survey, and incorporated into the existing depletion model to reflect current conditions. The updated results will be summarized in a technical memorandum to be incorporated as an appendix to the Financial Assurance report or standalone technical memorandum. Deliverables Task 1 Draft Tables, draft and final reports Task 2 Draft and final reports Subtask 2.1 Assurance Form and Escrow Balance and Budget recommendations Subtask 2.2 Survey (as described in MM&T's proposal), remaining airspace and evaluation of compaction Task 3 Summary memorandum Assumptions Information to be provided by the COUNTY includes: • Site access • Escrow account balances • The rates and number of dwelling units for each of the transporters • Available site surveys • Level of service for each transporter • Monthly fee for both single family residence and multi -family residences collected via non -ad valorem assessment • Number of parcels, equivalent residential units, and waste generation units (WGU) for Fiscal Year 2021-2022 for each customer • Wastestream monthly totals • Changes to Basis of Allocation Page 3 of 6 328 • Direct and indirect cost breakdowns • Confirmation of waste generation units • Amount of residential assessment • Excel spreadsheets prepared by others for prior fiscal year for escrow balance and airspace calculations Page 4 of 6 329 EXHIBIT R FEE SCHEDULE The County agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, a lump sum fee inclusive of expenses as follows: Page 5 of 6 330 Principal Senior Professional Professional 2 Professional Total Task 1- Full Cost Accounting Evaluation 4 8 16 12 $ 9,800 Task 2 - Financial Assurance $ - Subtask 2.1- Closure Cost Adjustment 4 4 16 12 $ 8,400 Subtask 2.2 - Survey and Air Space Assessment 4 8 24 14 $ 11,800 Task 3 - Landfill Depletion Model 4 8 30 24 $ 15,000 Total Labor $ 45,000 Subconsultant MM&T Survey $ 19,625 Other Direct Costs $ 1,000 Total Lump Sum Fee $ 65,625 Page 5 of 6 330 F.XHiRiT C 31 WORK ORDER NUMBER 18 FISCAL YEAR 2023 — 2024 FULL COST ACCOUNTING, FINANCIAL ASSURANCE AND LANDFILL DEPLETION MODEL EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (COUNTY) Solid Waste Disposal District (SWDD) is required to update and submit the landfill closure cost estimate to the Florida Department of Environmental Protection (FDEP) Solid Waste Operations Permit No. 0128769 -023 -SO Specific Condition F.2. SWDD is also required to document full cost accounting and financial assurance every five years in accordance with Specific Condition A.6; however, to ensure that the landfill escrow balance remains on track to adequately cover the closure costs, SWDD completes the full cost accounting and financial assurance process annually (without submittal to FDEP). Kimley-Horn and Associates (CONSULTANT) will perform the following Scope of Services for the preparation of the Full Cost Accounting Evaluation (Fiscal Year 2023-2043), Financial Assurance (FY 2024- 2025), and Closure Cost Estimate Update. The Scope of Services will also include the incorporation of results of the survey into an update of the depletion model, developed during the previous work authorization, into the Financial Assurance report or via standalone technical memorandum to simulate the filling sequence of the available airspace to more accurately predict the timing for construction of future cells. SCOPE OF SERVICES Task 1: Full Cost Accounting Evaluation for Fiscal Year 2023 - 2024 In accordance with the requirements of Chapter 62-708.400(1), F.A.C., and F.S. 403.7049, the COUNTY shall determine the full cost for solid waste management services. This shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. CONSULTANT will prepare a draft table using information provided by the COUNTY within 60 days of receipt of the data from the COUNTY. The draft public notice, summary tables and working documents will be provided electronically, unless otherwise requested. The COUNTY will coordinate and facilitate publication of the public notice. In accordance with Chapter 403.7049 Florida Statutes: "Each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, ofthe full costforsolid waste management Page 1 of 6 332 as determined pursuant to subsection (I). Counties shall provide the information required of municipalities only to residential and nonresidential users ofsolid waste management services within the county's service area that are notservedbya municipality. Municipalities shall include costs charged to them or persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users ofsolid waste management services. " Task 2: Financial Assurance FY24-25 The COUNTY operates both a Class I landfill and a Construction and Demolition Debris Landfill through a contract with Republic Services. In accordance with Chapter 62-701, F.A.C., the COUNTY is required to submit cost adjustments based on an inflation factor for closure annually. Every five years, the closure cost estimate must be revised by recalculating the total cost of closure. Subtask 2.l Closure Cost Estimate Adjustment CONSULTANT will provide the Closure Cost Estimate adjustment to the COUNTY based on the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2023-2024, and escrow budget recommendations for Fiscal Year 2024-2025. Subtask 2.2 Survey and Airspace Assessment CONSULTANT will provide surveys and assessments of airspace used by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I landfill and C&D debris disposal facility. The topographic survey will be performed on the entire COUNTY landfill site, including the Class I waste area (Segment I, II, and III and the ditches and roadways surrounding the Class I area), the C&D disposal facility (waste area, fence line, ditches and berms adjacent to C&D Debris site), expansion areas, stormwater pond, and administrative area. The deliverable from MM&T will consist of a survey identifying the dates the field survey was completed. The airspace consumed, and the remaining airspace will be calculated and provided. The survey shall also include the results of the volumetric calculations for Segments II and II portions of the Class I landfill, and the C&D disposal facility. Deliverables accompanying the survey are as described in MM&T's proposal, attached. For the Class I Landfill (Segments I, II, and III), the analysis will include an evaluation of the waste compaction, so the COUNTY may determine whether Republic Services is meeting its contractual compaction requirements. Page 2 of 6 333 Task 3: Landfill Depletion Model Preparation of the FA and FCA (Tasks 1 and 2) typically rely on total permitted capacity of each cell or segment of the landfill to determine the anticipated closure date for financial planning; however, in reality, the full capacity of a cell cannot be reached until the subsequent cell is constructed to a certain elevation to reach the last of the usable air space in the prior cell. Constructability limits the ability to discretely close one cell before moving to the next cell. The CONSULTANT will utilize a depletion model for Class 1 waste developed in a previous work authorization to more accurately determine when the next cell must be online in order to maximize the capacity in the active cell. The results of the volumetric survey obtained under this scope of services will be incorporated into an update to the depletion model, and summarized as an appendix to the Financial Assurance or standalone technical memorandum. Waste generation will be projected using historical data and adjusted utilizing BEBR population projections to incrementally increase the volume of waste anticipated in future years. Population projection growth will be used with straight line interpolation between data points (BEBR publishes 5 -year increments). A Civil 3D surface will be generated, representative of the current volumetric survey, and incorporated into the existing depletion model to reflect current conditions. The updated results will be summarized in a technical memorandum to be incorporated as an appendix to the Financial Assurance report or standalone technical memorandum. Deliverables Task 1 Draft Tables, draft and final reports Task 2 Draft and final reports Subtask 2.1 Assurance Form and Escrow Balance and Budget recommendations Subtask 2.2 Survey (as described in MM&T's proposal), remaining airspace and evaluation of compaction Task 3 Summary memorandum Assumptions Information to be provided by the COUNTY includes: • Site access • Escrow account balances • The rates and number of dwelling units for each of the transporters • Available site surveys • Level of service for each transporter • Monthly fee for both single family residence and multi -family residences collected via non -ad valorem assessment • Number of parcels, equivalent residential units, and waste generation units (WGU) for Fiscal Year 2021-2022 for each customer • Wastestream monthly totals • Changes to Basis of Allocation Page 3 of 6 334 • Direct and indirect cost breakdowns • Confirmation of waste generation units • Amount of residential assessment • Excel spreadsheets prepared by others for prior fiscal year for escrow balance and airspace calculations Page 4 of 6 335 EXHIBIT B FEE SCHEDULE The County agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, a lump sum fee inclusive of expenses as follows: Page 5 of 6 336 Principal Senior Professional Professional 2 Professional Total Task 1- Full Cost Accounting Evaluation 4 8 16 12 $ 9,800 Task 2 - Financial Assurance $ - Subtask 2.1- Closure Cost Adjustment 4 4 16 12 $ 8,400 Subtask 2.2 - Survey and Air Space Assessment 4 8 24 14 $ 11,800 Task 3 - Landfill Depletion Model 4 8 30 24 $ 15,000 Total Labor $ 45,000 Subconsultant MM&T Survey $ 19,625 Other Direct Costs $ 1,000 Total Lump Sum Fee $ 65,625 Page 5 of 6 336 Task 1 Task 2.1 Task 2.2 Task F,XHIRiT C SCHEDULE Full Cost Accounting Closure Cost Adjustment Survey/Air Space Assessment Landfill Depletion Model Page 6 of 6 30 days from Receipt of Data 30 days from Receipt of Data 90 days from Notice to Proceed 60 days from Notice to Proceed 337 6.9. January 28, 2025 ITEM 15.E INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 28, 2025 SUBJECT: Support of Legislation Requiring Hands -Free Cell Phone Use While Driving FROM: Laura Moss Commissioner, District 5 Discussion Item: Distracted driving has been identified as a leading cause of accidents and fatalities, with research showing that using handheld devices impairs reaction time and driving focus. Studies highlight the significant reduction in distracted driving incidents in states that have implemented hands-free laws. The resolution aims to promote safer roadways by encouraging the adoption of measures to reduce distractions for drivers within Indian River County. Action: Respectfully request that the Board consider adopting the resolution to promote Hands -Free Cell Phone Use While Driving to promote safer roadways and reduce associated risks with distracted driving. RESOLUTION NO.: 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF LEGISLATION REQUIRING HANDS-FREE CELL PHONE USE WHILE DRIVING WHEREAS, distracted driving is a leading cause of motor vehicle accidents in the United States, contributing to thousands of injuries and fatalities each year; and WHEREAS, the National Highway Traffic Safety Administration (NHTSA) reports that texting while driving increases the risk of crashing by 23 times; and WHEREAS, the National Highway Traffic Safety Administration (NHTSA), also reports texting while driving is six times more dangerous than driving under the influence of alcohol; and WHEREAS, a study from Cambridge Mobile Telemetics reported an increase in screen interaction time while driving of 17.8% from 2020 to 2023; and WHEREAS, the use of handheld devices while driving significantly impairs a driver's ability to safely operate a vehicle, diverting attention from the road and increasing reaction times; and WHEREAS, according to an analysis in the 2024 Indian River County Bicycle & Pedestrian Master Plan, the number of traffic crashes involving bicycles and pedestrians more than doubled and the number of traffic crashes involving fatalities more than tripled during the years 2017-2021 in comparison to the previous five-year period; and WHEREAS, implementing hands-free cell phone use legislation can reduce the incidence of distracted driving, promoting safer roadways for all; and WHEREAS, 31 states have successfully enacted hands-free laws, resulting in a measurable decrease in accidents related to distracted driving; and WHEREAS, it is the responsibility of our local government to advocate for the safety and well-being of our community; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board hereby expresses its strong support for legislation mandating the use of hands-free devices while driving and urges the Florida State Legislature to pass such legislation to RESOLUTION NO.: 2025 - enhance road safety and protect lives. Staff is hereby directed to forward a copy of this Resolution to the Governor of Florida, Florida State Senator Grall and State Representative Robert Brackett. 2. This Resolution shall be effective upon adoption. 3. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 28"' day of January, 2025. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA LIM Joseph E. Flescher, Chairman (SEAL)