Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03/15/2016 (2)
ORA 0 COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MARCH 15, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127"' Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Reverend Scott Alexander, Unitarian Universalist Fellowship of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation Designating March 20 Through March 26, 2016 as_Flori da- Surveyors and Mappers Week____________________________________________________ 1__ B. Presentation of Proclamation Recognizing March 22 Through April 3, 2016 _ as - Save _the St_ Johns River Tour Campaign________________________________________________ _______2 March 15, 2016 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Designating April 15, 2016 as Jackie Robinson Day----------------------------------------------------------------------------------------------------------3-- D. - D. Presentation on Indian River Twisted Tail BBQ Cook -off event to Benefit the Vero Beach Rotary Charities Foundation by Russell Twiss, Event Chairman, Rotary Club of Vero Beach ---- ----------------------------------------------------------------- E. Presentation on Veterans Golf League and American Security Council Foundation 2016 Heroes Appreciation Golf Tournament by Gary James, Director of Operations, American Securi Council Foundation -- - - - -- - -- - --- = -- - -- -- - -- --- -' -ou-- -- ------------------------------------- ----- F. Presentation to United Way of Indian River County by Amy Boyson, Community Affairs _Manager, Waste Management Inc. _- ---- 6. APPROVAL OF MINUTES A. Regular Meeting of February 16, 2016 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Community Dune Planting Event at Treasure Shores Beach Park and Tracking Station Beach Park on March 19, 2016 from 8:30 AM to Noon __(memorandum dated March 7, 2016) 4 ------------------------------------------------------------------- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments February 26, 2016 to March 3, 2016 __(memorandum dated March 3, 2016) 5-11 - - - - - - ----------------------------------------------------- B. Old Dixie Highway Resurfacing (71" Street to CR 510), Work Order No. 2, Dunkelberger Engineering and Testing, Inc. _ _(memorandum dated March 2, 2016) 12-21_ - ------------------------------------------------------------ C. I S' Street SW / 43rd Avenue Intersection Improvements Work Order No. 2, Ardaman and Associates, Inc. __(memorandum dated March 2,2016) ----------------------------------------------------------22-27 D. Children's Services Advisory Committee's Recommendation RFP # 2016030 new Focus Areas for 2016-17 and sample agency contract to be used __(memorandum dated March 14, 2016) 28-96 ----------------------------- --- - -------- --- - ----- --- --- ------------- March 15, 2016 Page 2 of 6 8. 9. 10. 11. CONSENT AGENDA PAGE E. Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event to be held May 14, 2016 __(memorandum_dated March 3, 2016) 97-109 .......................................................... F. Adoption of Revised Purchasing Manual _ _(memorandum dated March -7,-20 16) 110-149 --------------------------------------------------------------------- G. Request for Authorization to Advertise for a Request for Qualifications (RFQ) for Housing Inspection Services __(memorandum_dated March 3, 2016) 150-164 ------------------------------------------------------------------- H. Thomas and Phen Kennedy's Request for Partial Release of an Easement at 271 110' Avenue (Indian River Heights Subdivision Unit 7) _(memorandum_dated March 7,20 1 6) 165-171 -------------------------------------------------------------------- I. Miscellaneous Budget Amendment 014 __(memorandum dated March 8,2016) ....................................................... 172 -179 CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Dervl Loar Request to Use Proceeds from Public Auction of Surplus Property and Vehicles to acquire new like -kind property within the current fiscal year __(letter_dated March 4, 2016) 180 ------------------------------------------------------------------------------ PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak by Reverend Scott W. Alexander Regarding Martin Luther_King Holiday as an Official County Holiday 181 C. PUBLIC NOTICE ITEMS None COUNTY ADMINISTRATOR MATTERS None March 15, 2016 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE A. Community Develoament None B. Emergency Services None C. General Services 1. Request for Approval of Revised Fairgrounds Policy and Template Festival License Agreement __(memorandum dated March 8,20_1§) -------------------------------------------- 182-227 2. Request for Approval of "Rocktoberfest" Festival License Agreement for Use of the Indian River County Fairgrounds with Clarification of the IRC Code Subsection 205.08(3) _.(memorandum dated March 8, 2016)____________________________ 228.242 1, Human Services None 2, Sandridge Golf Club None 3, Recreation a. Intergenerational Recreation Center Operational Plan (memorandum dated March 71_2016) 243-263 ----------------------------------------------------------------------------------- D. Human Resources None E. Office of Management and Budget None F. Public Works 1. 51" Avenue Petition Millings Project (65`h Street to 67`h Street) Resolutions to provide funds and set a Public Hearing _(memorandum_dated February 18,_2016)_________________ ____________________ 264-275 G. Utilities Services None March 15, 2016 Page 4 of 6 13. COUNTY ATTORNEY MATTERS PAGE A. Attornev-Client Session Time Certain 10:30 a.m. Indian River Countyvs. Turner Construction Company, et al., pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA 002999 (memorandum dated March 2, 2016) 276 ------------------- ------------------------------------------------------------------ B. Necessity of Take Resolution for a parcel of property located on the south side of 53`a Street west of Old Dixie Highway (memorandum dated March 8 2016) _ _______ __277-283 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman 1. Official Holiday Discussion __(memorandum -dated March 3, 2016) --------------------------------------------- 284-285 C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Bryan 1. Consideration of Martin Luther King, Jr. Day as a Formal Holiday _ _(memorandum_dated March 7, 2016) 286-288 ---------------------------------------------- E, Commissioner Tim Zorc 1. Community Residential Homes (Group Homes) _ _(memorandum_dated March 9, 2016)289-294 --------------------------------------------------------- 2. County Owned Surplus Property __(memorandum_dated March 8,20-16) --------------------------------------------------- 295 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None March 15, 2016 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by 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. March 15, 2016 Page 6 of 6 PROCLAMATION SA DESIGNATING MARCH 20 THROUGH MARCH 26, 2016 AS FLORIDA SURVEYORS AND MAPPERS WEEK WHEREAS, surveyors and mappers are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States which have provided our citizens the enjoyment of property ownership, and WHEREAS, George Washington, Thomas Jefferson, and other former Presidents of the United States served their fellow colonists as surveyors; and WHEREAS, the citizens of Florida recognize the valuable contributions of the surveying and mapping profession to history, development, and quality of life in Florida and the United States of America, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers; and WHEREAS, the surveying and mapping profession requires special education, training, the knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence; and WHEREAS, surveyors and mappers are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights; and WHEREAS, the continual advancements in instrumentation have required the surveyor and mapper not only to be able to understand and implement the methods of the past, but also to learn and employ modern technology in finding solutions to meet the challenges of the future. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates the week of March 20 through March 26, 2016, as FLORIDA SURVEYORS & MAPPERS WEEK and recognizes the many contributions, and the ongoing dedication, of surveyors and mappers to the citizens of Indian River County, Florida and the United States. Adopted this 15th day of March, 2016 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman c J e h Flescher, Vice Chairman S. Davis Peter D. O'B an (/ i TimZor L 55 PROCLAMATION RECOGNIZING MARCH 22 THROUGH APRIL 3, 2016 AS SAVE THE ST. JOHNS RIVER TOUR CAMPAIGN WHEREAS, the St Johns is the longest river in Florida and one of our most important natural resources. The expansive watershed of the St. Johns and its tributaries drains nearly 16% of the state and is home to almost 5 million people; and WHEREAS, the St. Johns River faces significant threats from fertilizer runoff, failing septic tanks, toxic algal blooms, industrial pollution, surface water withdrawals, urban sprawl, and dredging; and WHEREAS, our River is at a critical crossroad, with its future hanging in the balance. We must act now to raise awareness about the numerous threats to the River's health, and WHEREAS, by touring the 310 -mile length of the River from Blue Cypress Lake to Jacksonville, the St. Johns Riverkeeper and partners will highlight the people, wildlife, beauty, and recreational benefits that make the St. Johns worth fighting for. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March 22 through April 3, 2016 signifies the "Save the St. Johns River Tour", and the Board commends the St. Johns Riverkeeperfor its robust campaign to improve the health of the River. Adopted this 15th day of March, 2016. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Wesley S. Davis Tim `_g_we ce Chairman Jit i T11 _ - -ADVOCATE: ABOUT US OUR MISSION is to be an independent voice that defends, advocates, and activates others for the protection and restoration of the St. Johns River. WE BELIEVE that the unique natural beauty and ecological integrity of the St. Johns River System must be preserved and remain accessible for the enjoyment and benefit of current and future generations. WE PROMISE to advocate for policies and restoration actions based on sound science and responsible economics, and to speak on behalf of the river with an independent voice that citizens can trust. HISTORY Chartered in August 1999 and licensed by the Waterkeeper Alliance in December 1999, St Johns RIVERKEEPER is a membership -based 501(c)(3) nonprofit organization that serves as an independent voice and advocate for the St. Johns and the public to whom it belongs. WATERKEEPER ALLIANCE The Hudson River Fishermen's Association first introduced the "Riverkeeper" concept in the U.S. in the mid -1980's, as a result of local fishermen losing their family fishing grounds to industrial and domestic pollution and a lack of enforcement by regulatory agencies. Today, more than 270 other Waterkeeper organizations around the world have emerged as part of the Waterkeeper Alliance to protect public waterways from pollution and other threats. ADVOCACY For over fifteen years, St. Johns RIVERKEEPER has been at the forefront in addressing some of the most pressing issues facing the St. Johns River, such as toxic algal blooms, fecal coliform pollution, surface water withdrawals, and wetland and habitat loss. Our staff and volunteers patrol the river on a regular basis; investigate pollution incidents; respond to complaints and resolve problems; monitor compliance and ensure that environmental laws and policies are consistently implemented and enforced; and attend public meetings and participate on important committees to represent the interests of the St. Johns, our members, and the public. EDUCATION & OUTREACH St. Johns RIVERKEEPER is a leader in providing quality educational materials and resources to teachers and the public about the river. We have developed an interactive virtual tour of the St. Johns River, three award-winning documentaries, a 170 -page guidebook for exploring the river (Get Your Feet Wet), the St. Johns River Exploration Backpack Project for schools, a comprehensive River Friendly program, and lesson plans and curriculum for teachers. We also regularly provide eco -tour boat trips, educational programs, cleanups and outreach events for the community. CONTACT For more information, contact Lisa Rinaman, your St. Johns Riverkeeper at Lisa@stjohnsriverkeeper.org or 904- 256-7591. 2800 Unnvcrstn Bled. N. ST. JOHNS _ _Jackson,illc. FL 32211 RIVERKEEPER (114)256-7591 1 stjohnsriverkccperorg L•I NE 3, 13, I -G o S To . a o C 0 H N 6 r > 1 - MPAIGN_FQR,-A HEALTHY RIVER= "MARCH _22PRI L�3 St. Johns RIVERKEEPER°, 0 -..nonprofits environmental== cidvocacy organization;} is lau.nch'ing _ an_.wepic : St:- Johns- River trip `to celebrate the "river's b-eaut _=anc! teeasures; 'higliT66f .the many threats to its future, and involve you in - to n to save this amazing and- imperiled water�wa:: __:-.ABOUT THE TOUR ..- -- _ - Lisa Rinaman, the St: Joh`Ys.Riverkeeper,; and, a_team-iQf ii er advocates em6ark'on' a 13 -day journey in March of the entire 31>0=mile length of the St. Johns;; from th`e'Aeddwaters-a Blue Cypress Lake of Vero Beach to the river's moufh atsfhe Atlantic Ocean in Jacksonville Help us build and_mobilize an a"rrny of advocates "th-rough�out the,-r.iver.''s` watershed as we bin � ea - le to ether to save -`the St Johns! Unfortunately, the problems have` -been- m_ouhting and _ th-e.- river --'is suffering. The St-- johns - faces significant thredts. f_rom,. fertilizer -runoff, failing septic, tanks, toxic algal=.blooms, industrial- ollution surface -water w,ithcl' awals, urban sprawl, and died in~ Our giver is at' -q- critical crossroad, with its future hangingwin,the-balance. We must C1Ct IhQW. SAVE THE= -ST. JOHNS RIVER TOUR -GOALS' Raise awareness about the numerous_--- Facilitate,com nunity dialogue ander threats to the river's health= - _ dv-�cooperation`thr_oughout the:wat. -shed. -� Advocate for strategies and solutions ; ?; Gain first-hand"knowledge:to�credte a to protect and -restore the 'rivercomprehensive river,restoration-plan, -;_ Develop a broad: network of -activists :,;THi9hIighit the people,_wildlifeeauty -_- and organizations working together _ andtrecreatonal benefitstlat�make e , for a healthy St: Johns. `� - th'e_S_t. Johns worth fighting for. ;_r j HOW-T-O-GET INVOLVED d 3/,2-%2 Begin _at.,Blue Gyp�e'ss�ldke •, to `Fell'smere • Follow the journey on '� • —� O 3/j23 Fell`smere to:Ldke'�Poinsett our website and through. '�' `.` t O 3/24 Lake`Pginsettag Lake Harney social media. - `f ® 3/25 L(7ke'Harney'to?Enterprise • Like us on Facebook and 5O 3/26 `Eriterprise'to•Deland share with your friends. _ _ ©3/27 OeLand;to Qra,yton,lsland • Join the Save the St. _ t' Johns team at one of the _I ` ) 3/28 Drayton Ilsland toWelaka many stops and events. r , `�; ®.3%f29 .Upper OckIawdho See the website for " • 99 3/3.0 .l:ower0cklawdha more details. ��,� �•- i i 10 3/3.1 ;Paldtkd.0,Green•CoVe`Springs • Complete our online survey. We want to know - �� _ _ 11 4%1 'Green•.Cove' 'prings,to what is important to you! Jacksonville I _- 10 4/2 Jacksonville°to 'H'uguenot • Sign up to receive alertsMeniorial;,Par'k and updates. 1$ -4/3 Huguenot Memorial .Par`k • Make a tax-deductible to Atlan#ic Ocean r s donation to St. Johns 4 Riverkeeper. ' • Contactour legislators ' Y 9 and elected officials. Tell them to support the _ protection and restoration of the St. Johns River! ` Learn more: I A� savethestjohns.org ! �• Shannon@stjohnsriverkeeper.org Be part of the adventure - AND the solutions to save the St. Johns! (® "s T: 1 O;H:N S • Z• 3 j.i=- - = savethest oh ns.or RIVERKEEPE_R g PROCLAMATION DESIGNATING APRIL 15, 2016 AS JACKIE ROBINSON DAY WHEREAS, April 15, 2016 will mark the 69th anniversary of Jackie Robinson making his Mayor League debut with the Brooklyn Dodgers as he broke the color barrier in 1947 to become the first African-American to play Major League Baseball; and WHEREAS, Jackie Robinson spent nine Spring Trainings (1948-56) at Dodgertown, Vero Beach and the Dodgers advanced to the World Series five times in those years; and WHEREAS, In 1948 Dodgertown became the first and only integrated Spring Training site in the South; and WHEREAS, Major and Minor League Baseball celebrates Jackie Robinson Day nationally each April 15"'; and WHEREAS, Mr. Pat O'Conner, Minor League Baseball President & CEO, said "Minor League Baseball is proud to be part of this annual celebration in Vero Beach as we play a game at Historic Dodgertown to honor him."; and WHEREAS, the third annual Jackie Robinson Celebration game will take place on Friday, April 15, 2016, in Holman Stadium when the Brevard County Manatees host the St. Lucie Mets to benefit a worthy cause, the United Way of Indian River County; and WHEREAS, the cost of this Minor League Baseball game is kept low so that it can be a true community -wide celebration. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board designates April 15, 2016, as Jackie Robinson Day, and hereby congratulates Major League Baseball on its work and success in Indian River County over the past 68 years. Adopted this 15th day of March, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ./ l 0_i�, C )wa1h_-4_ Bob Solari, Chairman o eph E. Flescher, Vice hairman Wesiev S. Davis Peter D. O'Bryan (/ Tim NDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator PUBLIC NOTICE THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: James D. Gray, Jr., Coastal Engineer „ D(9 SUBJECT: Community Dune Planting Event at Treasure Shores Beach Park and Tracking Station Beach Park on March 19, 2016 from 8:30 AM — Noon DATE: March 7, 2016 It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on March 15, 2016. DESCRIPTION AND CONDITIONS Dune vegetation is an important feature of a healthy coastal ecosystem as it protects upland property during wind and storm events and provides habitat for wildlife. Sea Oat plants are a grassy foliage native to Indian River County's coastal dunes that help build dunes by trapping windblown sand. A recommendation of the recently adopted update to the Beach Preservation Plan (March, 2015) suggests instituting programs to educate the public on the benefits and the need to maintain dune vegetation. Coastal Division staff, with volunteers from Keep Indian River Beautiful, Friends of the Archie Carr Refuge, and Surf Rider Foundation will be planting 20,000 Sea Oat plants along the dunes located within Treasure Shores and Tracking Station Public Beach Parks on Saturday, March 19, 2016 from 8:30 AM — Noon. Staff has received all required FDEP permits to conduct this work. Purchase and delivery for 20,000 dune plants is $5,700. FUNDING Funding for the purchase and delivery of dune plants is budgeted and available in the Beach Restoration Fund, Other Professional Services Account No. 12814472-033190-01024. RECOMMENDATION The recommendation of staff is to include the above referenced public meeting notice on the March 15, 2016 Board of County Commission Agenda. APPROVED AGENDA ITEM Indian River County ApoAkyed Date Administration 3 /0 /6 Budget Legal Public Works Coastal Eng. Division Jp b F\Public WorksUamesG\2016 Sea Oat Planting EventUnformational Agenda Item\Public Notice Informational BOCC Agenda Item -- Communtiy Dune Planting Event 3-19-16—Rev 3-10-16.docx 4 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 3, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 26, 2016 to March 3, 2016 �r,0MPT • In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 26, 2016 to March 3, 2016. Attachment: 1f7f: 1 C 5 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 336678 03/01/2016 RIVER PARK ASSOCIATES 1.30000 336679 03/01/2016 CREATIVE CHOICE HOMES XVI LTD 1._616.00 336680 03/012016 VERO CLUB PARTNERS LTD 81600 336681 03/01/2016 SUNQUEST INC 853 00 336682 03/01/2016 THE PALMS AT VERO BEACH 489.00 336683 03/01/2016 PELICAN ISLES LP 736.00 336684 03/01/2016 SUNCOAST REALTY & RENTAL MGMT LLC 26500 336685 03/01/2016 SONRISE VILLAS LTD 507.00 336686 03/01/2016 INTDIAN RIVER RDA LP 233 00 336687 03/01/2016 RICHARD L DAVENPORT 44200 336688 03/01/2016 LIVE OAK VILLAS LTD 550.00 336689 03/01/2016 SARAN SPANN 811 00 336690 03/01/2016 MADISON CAY LTD. 441 00 336691 03/01/2016 FOUNDATION FOR AFFORDABLE RENTAL 736.00 336692 03/01/2016 GCA PROPERTIES LLC 46400 336693 03/01/2016 ORANGE COUNTY HOUSING & C D 628 75 336694 03/01/2016 ALL FLORIDA REALTY SERVICES INC 3.369.00 336695 03/01/2016 VERO BEACH EDGEWOOD PLACE LP 71700 336696 03/01/2016 GRACES LANDING LTD 8.4.53.00 336697 03/01/2016 MICHAEL JACKOWSKI 496.00 336698 03/01/2016 PAUL JULIN 36900 336699 03/01/2016 TERRY A LAWRENCE 39.00 336700 03/01/2016 LINTDSEY GARDENS LTD 5.363.00 336701 03/01/2016 BRYAN D BLA1S 761.00 336702 03/01/2016 RIVER PARK ASSOCIATES 15,624.00 336703 03/01/2016 RICHARD C THERIEN 493.00 336704 03/01/2016 CREATIVE CHOICE HOMES XVI LTD 9.255.00 336705 03/01/2016 DAVID YORK 502.00 336706 03/01/2016 ST FRANCIS MANOR OF VERO BEACH 265.00 336707 03/01/2016 CITY OF VERO BEACH 5800 336708 03/01/2016 TREASURE COAST HOMELESS SERVICES 1,913.00 336709 03/01/2016 FLORIDA POWER AND LIGHT 153.00 336710 03/01/2016 VENETIAN APARTMENTS OF VERO BEACH 864.00 336711 03/01/2016 ' HERMOSA PROPERTIES LLC 281.00 336712 03/01/2016 PINNACLE GROVE LTD 6.88600 336713 03/01/2016 VERO CLUB PARTNERS LTD 18,40200 336714 03/01/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 173.00 336715 03/01/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 182.00 336716 03/01/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 277.00 336717 03/01/2016 CRAIG MERRILL 1.52700 336718 03/01/2016 CHRISTINE SALTER 48400 336719 03/01/2016 HAGGERTY FAMILY LTD 374.00 336720 03/01/2016 THE PALMS AT VERO BEACH 11;104.00 336721 03/01/2016 FELLSMERE COMM ENRICHMENT PROGRAM INC 96.00 336722 03/01/2016 DAVID CONDON 62800 336723 03/01/2016 HILARY MCIVOR 342.00 336724 03/01/2016 PAULA LANE 451.00 336725 03/01/2016 JOHN A CAPPELLO 48400 336726 03/01/2016 PELICAN ISLES LP 5,969 00 336727 03/01/2016 KATE TYSON LYONS 315 00 336728 03/01/2016 SUNCOAST REALTY & RENTAL MGMT LLC 8.263 00 336729 03/01/2016 OAK RIVER PROPERTIES INC 597.00 336730 03/01/2016 SONRISE VILLAS LTD 1.557 00 336731 03/01/2016 ADINA GOLDMAN 507 00 336732 03/01/2016 INDIAN RIVER RDA LP 3.342 00 336733 03/01/2016 MAURICE W BROWN 43000 336734 03/01 /20 16 GEORGE THUYNS 68200 336735 03/01 /2016 LAZY J LLC 2.28800 6 TRANS NBR DATE VENDOR AMOUNT 336736 03/01/2016 SYLVIA MCNEILL 635.00 336737 03/01/2016 SKOKIE HOLDINGS INC 750.00 336738 03/01/2016 ROGER WINSLOW 47800 336739 03/01/2016 COURTYARD VILLAS OF VERO LLC 703 00 336740 03/01/2016 VINCENT PILEGGI 206.00 336741 03/01/2016 OSLO VALLEY PROPERTIES INC 81200 336742 03/01/2016 SAID S MOOBARK 79900 336743 03/01/2016 OSCEOLA COUNTY SECTION 8 621.75 336744 03/01/2016 LINDSEY GARDENS 11 LTD 4,516.00 336745 03/01/2016 ANTHONY ARROYO 40300 336746 03/01/2016 AHS HOLDINGS GROUP LLC 5.78400 336747 03/01/2016 DANIEL CORY MARTIN 66600 336748 03/01/2016 YVONNE KOUTSOFIOS 416 00 336749 03/01/2016 ALAN R TOKAR 65000 336750 03/01/2016 VILLAS OF VERO BEACH 463.00 336751 03/01;2016 BRIAN E GALLAGHER 494.00 336752 03/01 /2016 HOUSING AUTHORITY 87675 336753 03/01/2016 STEPHANIE WATC14EK FOUNTAIN TRUST 223 00 336754 03/01/2016 MICHAEL STILES 52600 336755 03/01/2016 RACHEL G SIDMAN 45800 336756 03/01/2016 SCOT WILKE 747.00 336757 03/01/2016 MARK BAER 47600 336758 03/01/2016 GLS FUND VERO LLC 1,72300 336759 03/01/2016 J R K PALMER ENTERPRISES LLC 213.00 336760 03/01/2016 THEODORE BARTOSIEWICZ 46400 336761 03/01/2016 FOUNDATION FOR AFFORDABLE RENTAL 13.560 00 336762 03/01/2016 RICHARD KUSSEROW 475.00 336763 03/01!2016 IRC PROPERTIES LLC 62700 336764 03/01/2016 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 1T 521.00 336765 03/01/2016 JOHN T STANLEY 79500 336766 03/01/2016 CSMA SFR HOLDINGS II -LLC 1,940.00 336767 03/01/2016 YELLOW KID INC 537.00 336768 03/03/2016 SPEEDWELL TARGETS 88.74 336769 03/03!2016 JORDAN MOWER INC 19207 336770 03/03/2016 TEN -8 FIRE EQUIPMENT INC 3,605 93 336771 03/03/2016 AT&T WIRELESS 3.771 60 336772 03/03/2016 DATA FLOW SYSTEMS INC 1,560.45 336773 03/03/2016 KELLY TRACTOR CO 593.10 336774 03/03/2016 AMERIGAS EAGLE PROPANE LP 1,26550 336775 03!03/2016 CHANDLER EQUIPMENT CO INC 19 72 336776 03/03/2016 PHYSIO CONTROL INC 11012.39 336777 03/03/2016 KSM ENGINEERING K TESTING INC 48400 336778 03/03/2016 RD SUPPLY WATERWORKS. LTD 4,275 62 336779 03!03/2016 BOUND TREE MEDICAL LLC 955 67 336780 03/03/2016 VERO INDUSTRIAL SUPPLY INC 177 76 336781 03!03/2016 TIRESOLES OF BROWARD INC 2.000 44 336782 03/03/2016 ADVANCED AIR ASSOCIATES INC 4.489 67 336783 03/03!2016 CARTER ASSOCIATES INC 23;466 70 336784 03/03/2016 DELL MARKETING LP 19;474.21 336785 03/03/2016 GOODYEAR AUTO SERVICE CENTER 414.37 336786 03/03/2016 BAKER R TAYLOR INC 1,334 91 336787 03/03/2016 MIDWEST TAPE LLC 763.58 336788 03/0312016 MICROMARKETING LLC 263.48 336789 03!03/2016 ENCORE BROADCAST EQUIPMENT SALES 51,617.14 336790 03/03/2016 ATKINS NORTH AMERICA INC 7.574 02 336791 03/03/20.16 PST SERVICES INC 28;440.27 336792 03/03/2016 CITY OF VERO BEACH 6.020.30 336793 03/03/2016 INDIAN RIVER ALL FAB INC 16068 336794 03/03i2016 LIVINGSTON PAGE 3600 =36795 03/0312016 PUBLIX SUPERMARKETS 21 17 7 TRANS NBR DATE VENDOR AMOUNT 336796 03/03/2016 ACUSHNET COMPANY 23507 336797 03/03/2016 ACUSHNET COMPANY 88.36 336798 03/03!2016 GEOSYNTEC CONSULTANTS INC 2,34505 336799 03/03/2016 MORGAN & EKLUND INC 5,17500 336800 03/03/2016 TIMOTHY ROSE CONTRACTING INC 20.117 61 336801 03/03/2016 FLORIDA POWER AND LIGHT 75,561.36 336802 03/03/2016 FLORIDA POWER AND LIGHT 1.735 96 336803 03/03/2016 FLORIDA POWER AND LIGHT 2,41843 336804 03/03/2016 FLORIDA BLUE 959 76 336805 03/03/2016 GIFFORD YOUTH ACTIVITY CENTER INC 3.264.29 336806 03/03/2016 WASTE MANAGEMENT INC 186,676.34 336807 03/03/2016 SERVICE FILTRATION CORPORATION 60679 336808 03/03/2016 IRC HEALTHY START COALITION INC 500.00 336809 03/03/2016 BE SAFE SECURITY ALARMS INC 75.00 336810 03/03/2016 UNITED HEALTH CARE INNS COMPANY 241 77 336811 03/03/2016 GERALD A YOUNG SR 3000 336812 03/03/2016 HENRY SMITH 3600 336813 03/03/2016 INTERNATIONAL ASSOCIATION OF 30.00 336814 03/03/2016 ALAN C KAUFFMANN 8000 336815 03/03/2016 JERRY MILLER 1100 336816 03/03/2016 THE FLORIDA BAR 150.00 336817 03/03/2016 HUMANA 74 01 336818 03/03/2016 CELICO PARTNERSHIP 107 15 336819 03/03/2016 ANIXTER INC 11800 336820 03/03/2016 VAN WAL INC 19000 336821 03/03/2016 BLUE PLANET ENVIRONMENTAL SYSTEMS INC 3.180.00 336822 03/03/2016 JOSEPH W VASQUEZ 40.00 336823 03/03/2016 FRANK BLAKE 500.00 336824 03/03/2016 JOHNS EASTERN COMPANY INC 6.73677 336825 03/03/2016 STAPLES CONTRACT & COMMERCIAL INC 238 54 336826 03/03/2016 GARY L EMBREY 40.00 336827 03/03/2016 CAROLLO ENGINEERS 4.874.00 336828 03/03/2016 KEN CHATAM 40.00 336829 03/03/2016 MARJORY SEINTOSH 18295 336830 03/03/2016 JOHNNY B SMITH 96.00 336831 03/03/2016 DACE CHANDLER & ASSOCIATES INC 6.360 00 336832 03/03/2016 RENAE CHANDLER 40.00 336833 03/03/2016 JOHN MESKILL 1,71000 336834 03/03/2016 VERA SMITH 3600 336835 03/03/2016 GARRETT SMITH 5400 336836 03/03/2016 CITY DIRECTORIES 365.00 336837 03/03/2016 JOSEPH CATALANO 12000 3368_ 8 03/03/2016 RAYMOND J DUCHEMIN 10000 336839 03/03/2016 KEITH GROCHOLL 60.00 336840 03/03/2016 GFA INTERNATIONAL INC 520 00 336841 03/03/2016 TIM ZORC 40685 336842 03/03/2016 LOWES HOME CENTERS INC 2.236 91 336843 03/03/2016 EMILY K DIMATTEO 1000 336844 03103/2016 ADAMS FENCE 2 LLC 10.85000 336845 03!03/2016 ALEX MIKLO 4000 336846 03/03/2016 JEFF WILSON MASONRY SERVICE 2.800 00 336847 03!03/2016 STRAIGHT OAK LLC 59.28 336848 03/03!2016 MICHAEL YOUNG 10000 336849 03!03/2016 DEBORAH CUEVAS 54 00 336850 03/03!2016 COAST TO COAST COMPUTER PRODUCTS 519 92 336851 03/03/2016 MARKETING SPECIALTIES OF GEORGIA LLC 599 75 336852 03/03/2016 ARTHUR R LOCK -110000 336853 03/03/2016 BERNARD EGAN & COMPANY 67247 32 336854 03/03/2016 INTEGRITY LAWNS LLC 1,750.00 336855 03/03/2016 ARROW INTERNATIONAL 3,868 80 8 TRANS NBR DATE VENDOR AMOUNT 336856 03/03/2016 RONALD NICHELSON 6000 336857 03/03/2016 LONGHORN LANDSCAPING AND SOD LLC 3.370.50 336858 03/03/2016 MARIE MUNROE 99.34 336859 03/03/2016 JOSEPH DIZONNO 4000 336860 03/03/2016 MOLINA HEALTHCARE MEDICAID 13600 336861 03/03/2016 RED THE UNIFORM TAILOR 8.967.65 336862 03/03/2016 CATHEDRAL CORPORATION 1730094 336863 03/03/2016 UNIFIRST CORPORATION 145 02 336864 03/03/2016 MARK DEAN RILEY JR 4000 336865 03/03/2016 CDA SOLUTIONS INC 250.00 336866 03/03/2016 SITEONE LANDSCAPE SUPPLY LLC 569.68 336867 03/03/2016 GOTTA GO GREEN ENTERPISES INC 81.31 336868 03/03/2016 ONE CALL PROPERTY SERVICES INC 3,940.00 336869 03/03/2016 ADVANCE STORES COMPANY INCORPORATED 1.113 73 336870 03/03/2016 GLADYS GIFFORD 773.60 336871 03/03/2016 TERRI WAGNER 60.00 336872 03/03/2016 DENISE GILLESPIE 80.00 336873 03/03/2016 ELITE WATER SYSTEMS INC 1,89500 336874 03/03/2016 EGP DOCUMENT SOLUTIONS LLC 282.43 336875 03/03/2016 MICHAEL CHURCH 44.00 336876 03/03/2016 ITALA FELL 1000 336877 03/03/2016 VIOLET H RUSSO 7 60 336878 03/03/2016 RUSSELL L OWEN 111 40.00 336879 03/03/2016 STANLEY T B1GOS 100.00 336880 03/03/2016 SHARON G BROPHY 607.21 336881 03/03/2016 WILLIAM L CAFFREY 9047 336882 03/03/2016 CAROLYN ENGLAND 7866 336883 03/03/2016 JOHN W GALLIMOR.E JR 29.49 336884 03/03/2016 LYNN G GOODNOUGH 19.20 336885 03/03/2016 MARY GOODWIN BICKLEY 5344 336886 03/03/2016 VERA LANE 89 16 336887 03/03/2016 HELSETH ROBERT 93 82 336888 03/03/2016 ANNE T OBRIEN 8945 336889 03/03/2016 PATRICIA K RYGIEL 85.78 336890 03/03/2016 STEVEN THOMAS 70.00 336891 03/03/2016 THOMAS WILLIAMS 101 12 336892 03/03/2016 OLIVER 8: ASSOCIATES REAL ESTATE APPRAISAL 900.00 336893 03/03!2016 STEPHANIE VOS 10607 Grand Total: 713,644.45 9 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1008496 02/26/2016 AT&T 5701 1008497 02/26/2416 AT&T 10.96 7 02 1008498 02/26/2016 OFFICE DEPOT BSD CUSTOMER SVC 1.616 15 1008499 02!26/2016 CALLAWAY GOLF SALES COMPANY 743 08 1008500 02/26/2016 COMCAST 189 75 1008501 02/26/2016 BRIDGESTONE GOLF INC 179.62 1008502 02/26/2016 PLAYCORE HOLDINGS INC 17.585.12 1008503 02/26/2016 ALLIED UNIVERSAL CORP 3.077 00 1008504 02/26/2016 ALLIED UNNERSAL CORP 4.747.52 1008505 02!26/2016 IRRIGATION CONSULTANTS UNLIMITED INC 58.32 1008.506 02/26/2016 FERGUSON ENTERPRISES INC 2.998.31 1008507 02!26/2016 CAPITAL OFFICE PRODUCTS 511 80 1008508 02/26/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 21.30 1008509 02/26/2016 HYDRA SERVICE (S) INC 2,548.24 1008510 02/29/2016 COMMUNICATIONS INTERNATIONAL 61 60 1008511 02/29/2016 COMMUNICATIONS ENITERNATIONAL 3.408.00 1008512 02/29/2016 COLD AIR DISTRIBUTORS WAREHOUSE 27960 1008513 02/29/2016 INDIAN RIVER BATTERY 1.336.50 1008514 02/29/2016 GALLS LLC 161 00 1008515 02/29/2016 BARKER ELECTRIC, AIR CONDITIONING 239.00 1008516 02/29/2016 CAPITAL OFFICE PRODUCTS 37543 1008517 02/29/2016 BENNETT AUTO SUPPLY INC 28460 1008518 02/29/2016 L&L DISTRIBUTORS 178.10 1008519 03/01/2016 AT&T 11.29 1008520 03/01/2016 AT&T 1;97941 1008521 03/01/2016 OFFICE DEPOT BSD CUSTOMER SVC 321 48 1008522 03/01/2016 WASTE MANAGEMENT INC 2.188 17 1008523 03/03/2016 ROBINSON EQUIPMENT COMPANY INC 20400 1008524 03/03/2016 COPYCO INC 9441 1008525 03/03/2016 COPYCO INC 30.56 1008526 03/03/2016 NORTH SOUTH SUPPLY INC 21 13 1008527 03/03/2016 SAFETY PRODUCTS INC 6364 1008528 03/03/2016 COLD AIR DISTRIBUTORS WAREHOUSE 400.27 1008529 03/03/2016 INDIAN RIVER BATTERY 1,046.30 1008530 03/03/2016 INDIAN RIVER OXYGEN INC 6250 1008531 03/03/2016 DEMCO INC 6290 1008532 03/03/2016 MIKES GARAGE & WRECKER SERVICE INC 570.00 1008533 03/03/2016 DAVES SPORTING GOODS & TROPHIES 2,918.45 1008534 03/03/2016 ST LUCIE BATTERY & TIRE CO 125.00 1008535 03/03/2016 IRRIGATION CONSULTANTS UNLIMITED INC 12.50 1008536 03/03/2016 THE EXPEDITER 566.33 1008537 03/03/2016 COMMIJNITY ASPHALT CORP 458.28 1008538 03/03/2016 FERGUSON ENTERPRISES INC 27,727 95 1008539 03/03/2016 GLOBAL GOLF SALES INC 230.81 1008540 03/03/2016 ECONOLITE CONTROL PRODUCTS INC 742.00 1008541 03/03/2016 RECHTIEN INTERNATIONAL TRUCKS 7741 1008542 03/03/2016 ITERIS INC 2,050.00 1008543 03/03/2016 GRESSCO LTD 70400 1008544 03/03/2016 CAPITAL OFFICE PRODUCTS 29 17 1008545 03/03/2016 BENNETT AUTO SUPPLY INC 242.94 1008546 03/03/2016 AUTO PARTNERS LLC 53078 1008547 03/03/2016 L&L DISTRIBUTORS 472.96 1008548 03/03/2016 RADWELL INTERNATIONAL INC 117.90 1008549 03/03/2016 WRIGHT FASTENER COMPANY LLC 14000 1008550 03/03/2016 PACE ANALYTICAL SERVICES INC 177 00 Grand Total: 96.003.61 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4155 02/26/2016 NACO/SOUTHEAST 70561 4156 02/26/2016 1CMA RETIREMENT CORPORATION 10.429.06 4157 02!26/2016 FLORIDA LEAGUE OF CITIES. INC 8.130 65 4158 02/26/2016 NACO/SOUTHEAST 25,569 85 4159 02/26/2016 ICMA RETIREMENT CORPORATION 2,250.00 4160 02/26/2016 TEAMSTERS LOCAL UNION #1769 5,528.00 4161 02/26/2016 FL SDU 5.004.37 4162 02/26/2016 KIMLEY HORN & ASSOC INC 49.171 12 4163 02/26/2016 CDM SMITH INC 16.768.50 4164 02,126/2016 KERNS CONSTRUCTION & PROPERTY 60,441.37 4165 02/26/2016 VEROTOWN LLC 13,45704 4166 02!26/2016 IRC FIRE FIGHTERS ASSOC 6.270.00 4167 02/29/2016 INDIAN RIVER COUNTY SHERIFF 3.399.085.93 4168 02!29/2016 ELITE TITLE 22.560.00 4169 02/29/2016 CLERK OF CIRCUIT COURT 75,000.08 4170 02/29/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 84,495 82 4171 02/29!2016 BANK OF NEW YORK 488.125 00 4172 02/29/2016 IRS -PAYROLL TAXES 396,373 91 4173 02!29/2016 WHITNEY BANK 60.475 43 4174 03/01/2016 JOSEPH G MILLER 1.00000 4175 03/01/2016 AGENCY FOR HEALTH CARE ADMIN 13.173.89 4176 03/01/2016 ATLANTIC COASTAL LAND TITLE CO LLC 1,012.683.78 4177 03/02/2016 1 R C HEALTH INSURANCE - TRUST 64,876.23 4178 03/03/2016 FL RETIREMENT SYSTEM 469.999.45 4179 03/03/2016 MUTUAL OF OMAHA 2.06750 4180 03/03/2016 CERIDAN COBRA SERV 147.51 4181 03/03/2016 HEALTH ADVOCATE 36960 4182 03/03/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,261 76 4183 03/03/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,188 80 4184 03/03/2016 1 R C HEALTH INSURANCE - TRUST 478.868 94 Grand Total: 6,789,479.20 11 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director G� Richard B. Szpyrka, P.E., Assistant Public Works Director FROM: Michael D. Nixon, P.E., Roadway Production Manager pm/ SUBJECT: Old Dixie Highway Resurfacing (711t Street to CR 510) Work Order No. 2, Dunkelberger Engineering and Testing, Inc. DATE: March 2, 2016 DESCRIPTION AND CONDITIONS On September 23, 2014 the Board of County Commissioners approved the renewal of an annual agreement for Professional Geotechnical Services, with Dunkelberger Engineering and Testing, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County. The purpose of Work Order No. 2 is to provide testing related services for the resurfacing of Old Dixie Highway (715tStreet to CR 510). The project is funded by an FDOT Small County Outreach Program (SCOP) Grant. Dunkelberger Engineering and Testing, Inc. submitted a proposal outlined in the attached Work Order No. 2 and Proposal No. PHB161007 (Exhibit A) for a not -to - exceed amount of $37,860.00. FUNDING Funding is budgeted in Account No. 10921441-053360-14010 Secondary Roads/FDOT SCOP Grant, Old Dixie Highway Resurfacing (711t Street to CR 510) in the amount of $37,860.00. RECOMMENDATION Staff recommends approval of Work Order No. 2 to Dunkelberger Engineering and Testing, Inc. authorizing the above-mentioned professional services as outlined in the attached Proposal No. PHB161007 (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 2 on their behalf for a not -to -exceed amount of $37,860.00. 12 F•\Public Works\ENGWEERING DIVISION PROJECTS\I 138 -Old Dixie Hwy Resurfacing -71st St to CR 510\Admim\agenda items\BCC Agenda Dunkelburger WO No. 2, 3-15-16.doc Page 2 Old Dixie Highway Resurfacing (71st Street to CR 510) Work Order No. 2, Dunkelberger Engineering and Testing, Inc. For March 15, 2016 BCC Meeting ATTACHMENTS 1. Work Order No. 2 2. Dunkelberger Engineering and Testing, Inc. Proposal No. PHB161007 DISTRIBUTION 1. Dunkelberger Engineering and Testing, Inc. 2. Terry Cook, Road and Bridge Superintendent APPROVED AGENDA ITEM FOR March 15, 2016 t B Indian River County Approv Date Administration Budget S �� Legal Public Works -V /0- SEngineering Engineering 3 Y / 13 F\Public Works\ENGWEERING DIVISION PROJECTS\1138-0Id Dixie Hwy Resurfacing -71st St to CR 510Wdmim\agenda items\BCC Agenda Dunkelburger WO No. 2, 3-15-16.doc Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Field and Laboratory Quality Control (QC) For Old Dixie Highway Resurfacing (From 71St Street to CR 510) IRC Project No. 1138 WORK ORDER NO. 2 (Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ NO. 2014007 WITH DUNKELBERGER ENGINEERING AND TESTING, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services All work shall be performed on a unit price basis in accordance with the attached Proposal No. PHB161007 (Exhibit A) dated March 2, 2016 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH DUNKELBERGER ENGINEERING AND TESTING, INC. Effective Date: September 23, 2014. Minimum Specification Requirements as follows: Soil Compaction Full Depth Reclamation Design Review Asphaltic Roadway Surfacing Testing Laboratory Testing Field Observation Engineering Reporting All work shall also comply with the current Florida Minimum Technical Standards. 14 Work Order No. 2 Old Dixie Highway Resurfacing (From 711 Street to CR 510) IRC Project No. 1138 COMPENSATION. The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered according to the Proposal No. PHB161007 identified in the attached EXHIBIT A Fee Schedule and Man Hours. A Not -to -Exceed Amount of: $37,860.00 to be paid on a unit price basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit "A" of THE ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH DUNKELBERGER ENGINEERING AND TESTING INC. Effective Date: September 23, 2014. TIME FOR COMPLETION This Work Order No.2 shall run concurrently with the construction work for the resurfacing of Ola Dixie Highway (From 711t Street to CR 510), IRC Project No. 1138. IN WITNESS HEREOF the parties hereto have executed these presents This day of , 2016. OWNER DUNKELBERGER ENGINEERING & TESTING, BOARD OF COUNTY COMMISSIONERS INC. INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Suffi 'ency: William K. DeBraa , Deputy County Attorney ?seph A Baird, County Administrator David T. Witnessed by: Project Manager C, 1 (Printed name) F tPublic 11'orks.EXGI�EERING DI\'ISIO\ PROJECTS'd 139.01d D,,w F1s.y Resurfacing -71st St to CR S 11),Admirrfr -nda itern''agenda WO No 2 Dunkdhe ger 3-15- 16 doc 15 DUHKUBERGER engineering & testing, Inc: AlrerraCOn comPANY March 2, 2016 Indian River County EXHIBIT A 1801 27th Street Vero Beach, Florida 32960 Attention: Mr. Michael Nixon P.E.... via e-mail (mnixon@ircgov.com) Roadway Production Manager Subject: Materials Testing Services Old Dixie Highway Resurfacing IRC Project #1138 Indian River County, Florida Terracon Proposal No. PHB161007 Dear Mr. Nixon: Dunkelberger Engineering & Testing, Inc., A Terracon Company (Terracon) is providing this revised proposal for Materials Testing Services during construction activities at the subject project in Indian River County, Florida. As requested, we will perform the field work on a unit rate (per test) basis instead of an hourly basis. As.such, a four test minimum charge per trip to the site will apply. A. PROJECT INFORMATION The subject project will include the reconstruction of the base course and asphaltic concrete structural course and shoulder widening of the of Old Dixie Highway from 71st Street to CR 510. The project length is approximately 10,070 lineal feet (1.9 miles). The contract duration is unknown to us at this time. The reconstruction (resurfacing) will involve building a 9 -inch thick full -depth reclamation (FDR) base course, a l Yz-inch thick asphaltic concrete (AC) structural course, and 1Y.— inch thick AC wearing course. The shoulder widening will involve constructing a 12 -inch deep stabilization (LBR 40) 3 to 4 feet wide on each side of the existing roadway. Also associated with the project is installation of approximately 4,951 lineal feet (If) of drainage pipe, 28 inlet structures, 144 If of box culvert, and construction of four concrete endwalls. The purpose of our work is to provide quality assurance (QA) testing and inspection to check the conformity of material composition with the project specifications. Terracon Engineering & Testing, A Terracon Company 607 NW Commodity Cove Port St. Lucie, Florida 34986 P [772] 343 9787 F [772] 343 9404 terracon.com 16 Proposal for Materials Testing Services Page 2 Old Dixie Highway Resurfacing ■ Indian River County, Florida March 2, 2016 ■ Terracon Proposal No. PHB161007 B. SCOPE OF SERVICES Based on our understanding of the project schedule and review of the project plans and specifications, we envision that our field sampling/testing services will be required on a periodic or as needed basis over the duration of the project. More specifically, our work will involve the following. Earthwork — Embankment and LBR 40 Shoulder Stabilization • Laboratory Proctors (AASHTO T-99 and T-180) to determine maximum density of the soils used for embankment and pipe backfill. • In-place density tests of embankment at a frequency of 1 test per 500 If. • In-place density tests of pipe backfill at a frequency of one test per 500 If (or fraction thereof) for each lift of backfill placed. • Limerock Bearing Ratio (LBR) tests of the in-place LBR materials for the Stabilized Shoulders at a frequency of 1 test about every 2000 linear feet or 5 LBR samples on each side of roadway (total of 10 tests). • Thickness verification of completed 12" LBR Shoulder Stabilization. • In-place density tests of the LBR Shoulder Stabilization at a frequency of 1 test per 500 linear feet each side of roadway (total of 42 tests). FDR Base Course • FDR mix design — Review and evaluate the mix design developed by the Contractor for its design approach and procedure. • Full Sieve Analysis test on the virgin materials before injection of emulsion at a frequency of 1 test every 1000 linear feet per lane (estimated total of 22 tests). • Maximum Density (Proctor) tests of the in-place FDR base materials at a frequency of 1 test every 1000 linear feet per lane (estimated total of 22 tests) • In-place density tests at a frequency of 1 test per 500 linear feet per lane (estimated total of 42 tests). • While on-site the technician will communicate with designated County and Contractor personnel so that items of concern or identified deficiencies can be immediately corrected. • Verification of completed FDR base course — Review and evaluate the verification testing plan as well as the testing results as provided by the Contractor. • As a contingency, we have listed our laboratory testing rates for FDR Mix Design Verification and Resilient Modulus testing in case the contractor's QC laboratory cannot provide these services. llerracon 1 17 Proposal for Materials Testing Services Page 3 Old Dixie Highway Resurfacing ■ Indian River County, Florida March 2, 2016 ■ Terracon Proposal No. PHB161007 Contractor QC Testing of Asphaltic Concrete (AC) Pavement We understand that the Contractor is responsible for their own QC testing which shall include performing at least one set of asphalt laboratory tests per day to evaluate the materials and construction during paving. A minimum of three cores shall be cut by the Contractor on daily basis to evaluate the in-place (constructed) density of the structural course construction. The cores will be tested for bulk specific gravity, and the compaction will be evaluated based on the percentage of the bulk specific gravity over the maximum density determined in the plant on the bulk mix materials. As an option, the density (% compaction) of the wearing course construction may be evaluated using a calibrated nuclear gauge if a correction factor can be established using the core densities from the first day of wearing course paving Terracon will not be in the asphalt plant to perform any verification testing during asphalt production. Engineering & Reporting • Engineering oversight and review during the construction to coordinate the aforementioned test program, make site visits, and attend progress meetings. • Submittal of brief engineering reports documenting our findings and test results. Our materials testing services will be provided on an as -needed basis as dictated by the pace and methods of construction. C. COMPENSATION The material testing services provided will be billed in accordance with our current 2014-2016 Continuing Geotechnical Services Agreement the line item unit rates illustrated on the Projected Scope and Budget (Attachment A). As stated earlier a four test minimum charge per trip to the site will apply. Terracon proposes to complete the scope of services as described herein for an estimated fee of $37,860 and invoiced on a unit rate basis. If additional services outside the listed project services are required, Terracon will provide such under auspice of a Supplemental Proposal using the same line item unit rates as provided herein. The quantity of the work performed and factors beyond our control, such as weather and the contractor's schedule/efficiency, will affect the actual cost for our services. You will be invoiced at regular intervals but not less than monthly for services performed. 1rerracon 18 Proposal for Materials Testing Services Page 4 Old Dixie Highway Resurfacing ■ Indian River County, Florida March 2, 2016 ■ Terracon Proposal No. PHB161007 Invoices for our services will be directed to the addressee of this letter unless we are directed otherwise. Payment is due within thirty (30) days following receipt of an invoice. D. SITE ACCESS AND SAFETY Indian River County (IRC) shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the services and will execute any necessary site access agreement. At Terracon, we all have a personal and uncompromising commitment to everyone going home safely each and every day. Our safety program, Incident and Injury Free® is about care and concern for people. It is our personal and organizational commitment at all levels of the company and is where safety is held as a core value as well as an operational priority. Working safely is an inseparable part of working correctly, just as much as other operational priorities, in particular quality, profitability and schedule. IlF is our commitment to our people and others, who we value for who they are and what they do. IIF is not just something we do, it's in everything we do. As part of our IIF process, we will prepare a "Pre -Task Plan" to identify the potential site safety and job hazards associated with your site. Our Pre -Task Plan will identify and prepare our personnel to be able to handle conditions such as but not limited to traffic control, environmental contamination, site access issues, overhead and underground utilities, adverse weather conditions, and personal protection equipment and will continually be reviewed and reevaluated throughout the field work activities. We understand that each site is unique and may contain different safety conditions and as a company to protect our personnel as well as others, we look at each site individually to identify the potential concerns. E. TESTING AND SAMPLING The above services will be provided under an as -requested basis. Additionally, we request a 48-hour notice to schedule our services. IRC understands that testing and sampling are discrete procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Terracon will provide test results and opinions based only on the field/laboratory tests in the areas tested. IRC understands that testing and sampling are 1[erracon 19 Proposal for Materials Testing Services Page 5 Old Dixie Highway Resurfacing ■ Indian River County, Florida March 2, 2016 ■ Terracon Proposal No. PHB161007 not continuous or exhaustive, and are conducted to reduce — not eliminate — project risk. IRC agrees to the level or amount of testing performed and the associated risk. IRC is responsible (even if delegated to contractor) for notifying and scheduling Terracon so Terracon can perform these services. Terracon shall not be responsible for the quality and completeness of IRC or its contractors work or their adherence to the project documents, and Terracon's performance of testing and sampling services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct the work performed by IRC or its contractors and is not responsible for their means and methods. F. AUTHORIZATION Terracon appreciates the opportunity to submit this proposal and looks forward to rendering the services described herein. Should you accept this proposal, we understand that this work will be performed under a Purchase Order issued by Indian River County. Should you have any questions concerning this proposal, please feel free to contact Kimberly Roberts or Dave Youngstrom by e-mail (kimberly.roberts(Dterracon.com or dave.youngstrom(cDterracon.com) or by phone at 772-343-9787. Sincerely, Dunkelberger Engineering and Testing, Inc. A Terracon Company For Kimberlybe s Project Manager Attachments: A - Projected Scope and Budget David T. Yo gst om Office Manager lrerracon 20 Projected Scope and Budget Materials Testing Services Old Dixie Highway Resurfacing Project Indian River County, Florida N Attachment A Project Name: Old Dixie Hwy Resurfacing IRC Project #11378 Dunkelberger Engineering & Testing, Inc., A Terracon Company Client: Indian River County Attn: Mr. Michael Nixon, P.E. 607 NW Commodity Cove Dunkelberger Proposal#: PHB161007 Port St. Lucie, Florida 34986 Date: Revised 3/2/2016 772 343-9787 FAX 772 343-9404 Contact: David T. Youn strom Contract Amount RemalnInq on Contract Itemized Services Q Unit Price Amount GRy Amet'Rt I Amount Q4Y Amount City Amount Field Testing In -Place Density Testing' 870 test $25.00 $21,750.00 9:96 $9-99 9 $9:99 9:96 $9:69 870 $21,750.00 'Four (4) test minimum per site visit. Laboratory Testing Proctor Test (T-180), FDR" 22 each $90.00 $1,980.00 9 $9:99 9 $6:99 9 $9:96 22 $1,980.00 Proctor Test Embankment/Pipe Backfill/Agg Bas 5 each $90.00 $450.00 9 $9-99 9 $6-99 9 $9:69 5 $450.00 Sieve Analysis of Find and Coarse Agg (T-27) 22 each $70.00 $1,540.00 9 $9-96 9 $9 96 9 $9:66 22 $1,540.00 Limerock Bearing Ratio (LBR, FM -515) 10 each $300.00 $3,000.00 9 $6:99 9 $9:99 9 $8-96 10 $3,000.00 Concrete Compressive Strength (8 sets of 4 cyls 8 1 each 1 $90.00 $720.00 6 $6-66 6 $8-96 9 $6:99 8 $720.00 " The Proctor test for the FDR involves the laboratory density determination of the field -prepared FDR mixture with emulsions. Asphalt Plant Testing FDOT CTAP Certified Plant Inspector 0 hour $65.00 $0.00 9:99 $8-66 9 $9.99 9:68 $8:99 0 $0.00 Engineering & Reporting Project Engineer/Project Manager 55 hour $95.00 $5,225.00 9 $9:99 9 $6:89 9 $9:89 55 $5,225.00 Professional Engineer/Sr. Project Manager 15 hour $130.00 $1,950.00 9 $0.00 6 $0.00 6 $9:66 15 $1,950.00 Contingency Laboratory Testing FDR Mix Design Resilient Modulus Test 1 test $1,245.00 $1,245.00 9 $9:96 9 $0-.W 9 $9:96 1 $1,245.00 Estimated Total $37,860.00 $8:86 $9:69 $8:89 $37,860.00 PHB161007 Old Dixie Hwy FDR QA est—Rev 3-2-16.xis INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works DirectoC�^- Richard B. Szpyrka, P.E., Assistant Public Works Director FROM: Michael D. Nixon, P.E., Roadway Production Manager ow/ SUBJECT: 1St Street SW / 43rd Avenue Intersection Improvements ' Y Work Order No. 2, Ardaman and Associates, Inc. DATE: March 2, 2016 DESCRIPTION AND CONDITIONS On September 23, 2014 the Board of County Commissioners approved the renewal of an annual agreement for Professional Geotechnical Services with Ardaman and Associates, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County. The purpose of Work Order No. 2 is to provide testing related services for the 1St Street SW / 43rd Avenue Intersection Improvements. Ardaman and Associates, Inc. submitted a proposal outlined in attached Work Order No. 2 and Proposal File No.16-4147 (Exhibit A) dated January 20, 2016 for a not -to -exceed amount of $38,610.00. FUNDING Funding is budgeted in Account No. 31521441-066510-05014 Optional Sales Tax/ 111 Street SW / 43rd Avenue Intersection in the amount of $38,610.00. RECOMMENDATION Staff recommends approval of Work Order No. 2 to Ardaman and Associates, Inc. authorizing the above-mentioned professional services as outlined in the attached Proposal File No.16-4147 (Exhibit A) dated January 20, 2016 and requests the Board to authorize the Chairman to execute the attached Work Order No. 2 on their behalf for a not -to -exceed amount of $38,610.00. 22 F -\Public WorWENGINEERING DIVISION PROJECTS\1232-1st St SW -43rd Ave Intersec Improv\Admim\agenda items\13CC Agenda Ardaman WO No. 2, 3- 15-16.doc Page 2 1" Street SW / 43rd Avenue Intersection Improvements Work Order No. 2, Ardaman and Associates, Inc. For March 15, 2016 BCC Meeting ATTACHMENTS 1. Work Order No. 2 2. Ardaman and Associates, Inc., Proposal File No.16-4147 (Exhibit A) dated January 20, 2016 DISTRIBUTION 1. Ardaman and Associates, Inc. 2. Terry Cook, Road and Bridge Superintendent APPROVED AGENDA ITEM FOR March 15, 2016 BY Indian River County Appr Date Administration %0 his Budget 3 I Legal 3,7—) Public Works 3 Engineering FOR -h 3 �b 23 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW 43rd Ave Intersec Improv\Admim\agenda items\BCC Agenda Ardaman WO No. 2, 3- 15-16.doc Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Field and Laboratory Quality Control (QC) For 1st Street SW and 43`d Avenue Intersection Improvements IRC Project No. 1232 WORK ORDER NO. 2 (Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ NO. 2014007 WITH ARDAMAN AND ASSOCIATES, INC. All services performed under this contract shall be supervised and certified by a -licensed Professional Engineer (PE) registered with the State of Florida and staff employeddirewifh your firm. - Scope of Services All work shall be -performed on a unit price basis in accordance with the attached Proposal File No. 16- 4147 (Exhibit A) dated January 20, 2016 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ARDAMAN AND ASSOCIATES, INC. Effective Date: September 23, 2014. Minimum Specification Requirements as follows: Soil Compaction Asphaltic Roadway Surfacing Testing Laboratory Testing Field Observation Engineering Reporting All work shall also comply with the current Florida Minimum Technical Standards. COMPENSATION. The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered according to the Proposal File No. 16-4147 identified in the attached EXHIBIT A Fee Schedule and Man Hours. A Not -to -Exceed Amount of: $38,610.00 to be paid on a unit price basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit "A" of THE ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ARDAMAN AND ASSOCIATES, INC. Effective Date: September 23, 2014. 24 Work Order No. 2 1" Street SW and 43`d Avenue Intersection Improvements IRC Project No. 1232 TIME FOR COMPLETION This Work Order No.2 shall run concurrently with the construction work for the intersection improvements to 1t Street SW and 43`d Avenue, IRC Project No. 1232. IN WITNESS HEREOF the parties hereto have executed these presents This day of OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Suffici n William K. DeBraal, Deputy County Attorney ?Joseph A0aird, County Administrat C.NUk \rmiixon\Ded \zgm& WO No. 2 Ards 3-I5- 16.doc , 2016. ARDAMAN AND ASSOCIATES, INC. Da ttlac P.E., Branch Manager Witnessed by:—`'`'�✓ ' G> -- (Printed name) 25 ® ® Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consullants Indian River County Engineering Division 1801 271 Street Vero Beach, Florida 32960-3388 Attention: Mr. Michael Nixon, P.E. January 20, 2016 Proposal File No. 16-4147 EX - IBITA Subject: Propdsal for Construction Testing Services and Subsurface Soil Exploration (Strain Poles) 1 n Street SW and 431d Avenue Intersection Improvements Indian River County, Florida IRC Project No. 1232 Mr. Nixon: Ardaman & Associates, Inc. is pleased to submit this proposal for quality assurance/materials testing services and a subsurface soil exploration (strain poles) for the above referenced project. Based upon our review of the project plans and from our experience with similar projects, we have estimated — -- --our.scope-of.--work,and-associated_costsas follows:.__ Construction Materials Testinq (CMT) Services Compaction In -Place Density Tests: In -Place Density Tests; 1,000 tests @ $20.00/test........................................................$20,000.00 Laboratory Testing: Modified Proctor Tests; 8 tests @ $85.00/test....................................................................$680.00 Limerock Bearing Ratio (LBR) Tests; 8 tests @ $275.00/test.........................................$2,200.00 Asphalt Extraction/Gradation Tests; 4 tests @ $125.00/test..............................................$500.00 Concrete Testing: Concrete Cylinders: 20 sets @ $80.00/set......................................................................$1,600.00 Miscellaneous Services (for stand-by / sampling, only as needed): Senior Engineering Technician: 200 hours @$50.00/hour..........................................$10,000.00 Professional Engineering Services (meetings, project management, etc.): Senior Project Engineer: 4 hours @ $115.00/hour............................................................. $460.00 Subtotal CMT Cost: ........................................................................ $35,440.00 Subsurface Soil Exploration (SSE) Boring Layout and Utility Locate Service Call: Senior Engineering Technician; 4 hours @ $50.00/hour..................................................$200.00 Drill Rig Mobilization: 1 Mobil ization/Demobilization..................................................................$250.00 Standard Penetration Test (SPT) Borings: 100 feet (four SPT borings to 25 feet) @ $13.50/foot......................................................$1,350.00 Percent Fines Content Tests: 6 tests @ $35.00/test..................................................................$210.00 Senior Project Engineer: 8 hours @ $115.00/hour.....................................................................$920.00 Technical Draftsman: 3 hours @ $50.00/hour............................................................................$150.00 Technical Secretary: 2 hours @ $45.00/hour............................................................................... $90.00 Subtotal SSE Cost: .......................................................... $3,170.00 TOTAL ESTIMATED PROJECT COST: ............................................................................... $38,610.00 460 NW Concourse Place, Unit 1, Port St Lucie, Florida 34986 Phone (772) 878-0072 Fax (772) 878-0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St Lupe, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport 26 1st Street SW and 431d Avenue - 2 - Ardaman File No. 16-4147 Contractor methodology and changes in testing frequencies may affect the testing cost. The actual cost of our services will be a function of the quantities of work performed in accordance with the unit rates presented herein. The unit rates provided herein are in accordance with our current continuing contract with Indian River County. A minimum of four in-place density tests will need to be performed per trip when no other work is performed. Stand-by due to construction delays and site visits to pick up samples when no other work is performed will be charged at the hourly technician rate. We note that density testing frequencies and all testing quantities are approximate and based on our experience with similar projects and anticipated contractor methodologies. Allowances for re -tests (from failing density tests) are not included herein. We note that testing services provided on a full-time (hourly) basis would enhance construction oversight and quality assurance verification. Testing services performed on an hourly basis may also provide some cost savings to the client, especially during periods of increased testing frequency. We can perform testing on an hourly basis in lieu of a per test basis as directed by the client. Providing access to the test locations and any maintenance of traffic (MOT) that is required to safely perform the required testing services for the project will be the responsibility of the Contractor. We note that minimal testing of asphalt has been included in the cost estimate, as we have assumed the County will only require limited verification testing to verify quality control testing results that are typically already provided by the contractor's asphalt supplier. Additional services not listed in the cost estimate can be provided at an additional fee, if requested. It.flus-It your-approval;=please=issue-ft-Purchase=Order.:that-will-be-.assigned:to_—.:._ this project as our notice to proceed. Please do not hesitate to contact us if you have questions or need additional information. Best Regards, ARDAMAN & ASSOCIATES, INC. Dan J Ilac P.E. ch Manager 27 CONSENT AGENDA INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES Human Services Department DATE: March 14, 2016 TO: The Honorable Board of County Commissioners THRU: Joseph A. Baird, County Administrator THRU: Michael Zito, Assistant County Administrator FROM: Brad Bernauer, Human Services Director SUBJECT: Children's Services Advisory Committee's Recommendation RFP # 2016030 new Focus Areas for 2016-17 and sample agency contract to be used. BACKGROUND: Attached, please find copies of the Children's Services Advisory Committee's recommendations for the RFP #2016030 for the funding year 2016-17. Included is a Sample Agency Contract for 2016-17 and the Focus Areas for 2016-17 as recommended by the CSAC Needs Subcommittee and approved by the CSAC. The purpose of this request is to obtain the Board of County Commissioners' approval of the attached RFP # 2016030 and the Children Services Advisory Committee Funding Contract for 2016-17 to be executed by the agencies. This contract is the same as the contract used in past years with the exception of the updated Focus Areas. RECOMMENDATION: Staff recommends that the Board accept the RFP #2016030 for 2016-17 and Agency Contract as submitted and authorize the Chairman to execute the individual contracts. MM AGENDA ITEM Joseph/A. Baird, County Administrator 28 Edit this Header Type the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. ORGANIZATION: PROGRAM: 2016/17 CORE APPLICATION TABLE OF CONTENTS "X" the parts ofgrant application to indicate inclusion. Also, please put page number where the information can be located. X I Section of the Proposal I Pa e # TABLE OF CONTENTS (check list)............................................................ 1 PROGRAM COVER PAGE (with signatures) ................................................ 2 A. ORGANIZATION CAPABILITY (one page maximum) I . Mission and Vision of organization............................................................. 3 2. Summary of expertise, accomplishments, and population served ........................... 3 B. PROGRAM NEED STATEMENT (one page maximum) I . Program Need Statement............................................................................... 4 2. Programs that address need and gaps in service ............................................... 4 C. PROGRAM DESCRIPTION (two pages maximum) 1. Funding priority.................................................................................... 5 2. Description of program activities................................................................ 5 3. Evidence that program strategy will work ...................................................... 5 4. Staffing....................................................................................... 5 5. Awareness of program............................................................................. 5 6. Accessibility of program........................................................................... 5 D. MEASURABLE OUTCOMES & ACTIVITIES MATRIX (Four outcomes maximum)....................................................................................................................... 6-10 E. COLLABORATION (one page maximum) .................................................... 1 I F. UNDUPLICATED CLIENTS 1. Projections by Location............................................................................ 12 2. Projections by Age Group........................................................................ 12 G. FUNDER SPECIFIC REQUIREMENTS................................................... 13 H. BUDGET (Separate MS Excel file) ............................................... 13 0U Edit this Header Type the organization and program name and the funder for whom it is being completed. The page to is already set at the bottom right of every page. Organization Name: Executive Director: Address: Program Director: Address: Program Title: Priority Need Area Addressed:_ Brief Description of the Program: PROGRAM COVER PAGE E-mail: Telephone: Fax: E-mail: Telephone: Fax: 91IMMARV RF.PnRT _ (Fntor infnrmatinn in Tho Rlo.b d"Mic Amount Requested from Funder for 2016/17: Total Proposed Program Budget for 2016/17: Percent of Total Program Budget: #DIV/0! Current Program Funding (2016/17): Dollar increase/(decrease) in request: $ _ Percent increase/(decrease) in request ** #DIV/0! Unduplicated Number of Children to be served Individually: _ Unduplicated Number of Adults to be served Individually: _ Unduplicated Number to be served via Group settings: _ Total Program Cost per Client: #DIV/0! **If request increased 5% or more, briefly explain why: If these funds are being used to match another source, name the source and the $ amount: The Organization's Board of Directors has approved this application on (date). Name of President/Chair of the Board Name of Executive Director/CPO Signature Signature 2 30 Edit this Header Tvae the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. PROPOSAL NARRATIVE Please respond to each question in the allotted space for each section. In responding to each section of the proposal narrative, please retain the section -label and question that you are addressing. Do not change the Times New Roman 12 pt. font or other settings. Directions, such as these, may be deleted if space is needed, but again, do NOT delete the Section headers or the numbered questions A. ORGANIZATION CAPABILITY (Entire Section A not to exceed one page. Box will expand as you lupe.) 1. Provide the mission statement and vision of your organization. 2. Provide a brief summary of your organization including areas of expertise, accomplishments, and population served. 31 Edit this Header Type the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. B. PROGRAM NEED STATEMENT (Entire Section B not to exceed one page. Box will Mand as you type) 1. a) What is the unacceptable condition requiring change? b) Who has the need? c) Where do they live? d) Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need. 2. a) Identify similar programs that are currently serving the needs of your targeted population; b) Explain how these existing programs are under -serving the targeted population of your program. 4 32 Edit this Header Tape the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. C. PROGRAM DESCRIPTION (Entire Section C, 1— 6, not to exceed two pages. Box will expand as you type) 1. List Priority Needs area addressed. 2. Briefly describe program activities including location of services. 3. Briefly describe how your program addresses the stated need/problem. Describe how your program follows a recognized "best practice" (see definition on page 12 of the Instructions) and provide evidence that indicates proposed strategies are effective with target population. 4. List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteers (this section should conform to the information in the Position Listing on the Budget Narrative Worksheet). 5. How will the target population be made aware of the program? 6. How will the program be accessible to target population (i.e., location, transportation, hours of operation)? 33 Edit this Header Type the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. D. PROGRAM OUTCOMES AND ACTIVITIES MATRIX. 3 - 4 program outcomes only. One matrix table per outcome. Each matrix table must not exceed two (2) nauec_ (NOTE: Boxes for Outcomes and cells in Matrix tables rill expand as you type.) Do not include this description page in the submitted proposal. Outcomes: In general, a program should have 3-4 program outcomes. The Outcome indicates the measurable impact or change the program will have on the clients its serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise and lower. Please incorporate the following into the outcome description: * Direction of change * Time frame * Area of change * As measured by * Target population * Baseline: the number you will be measuring against * Degree of change Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2015/16 School Board attendance records (as measured by). Baseline: 2015/16 School Board attendance records for enrolled boys and girls. Activities Matrix: The matrix is designed to identify specific activities the program will provide to achieve the stated outcomes. The matrix identifies: 1) the specific activity; 2) how often the service/activity is provided; 3) who, by position, is responsible to deliver the service/activity; and 4) expected change in client from providing service/activity. In addition, the matrix is designed to capture the evaluation of services provided: 5) indicator or measurement of change; 6) source of measurement; and 7) how frequently it is measured. A separate PROGRAM OUTCOMES AND ACTIVITIES MATRIX needs to be completed for each outcome. Use a separate row for each activity and group activities under their related outcomes. To add more rows, if needed, simply locate the cursor at the last cell in the last row and press the "TAB" button on the keyboard. See examples provided in the instructions. IMPORTANT NOTE: Keep in mind when developing PROGRAM OUTCOMES that, if funded, these will be what you are accountable to accomplish. Also, the PROGRAM OUTCOMES should reflect the information described in the PROGRAM NEED STATEMENT (B.1.). All PROGRAM NEED STATEMENTS should flow from the MISSION & VISION. MEASURABLE OUTCOMES should be based on and measure program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your PROGRAM NEED STATEMENT. (B.1.). 6 34 Edit this Header Tyne the organization and program name and the funder for whom it is being completed. The page N is already set at the bottom right of every page. will expand as Program Design & Task Management (Columns 1-4) Evaluation Design & Data Collection (Columns 5-7) 1 11 2 3 4 5 6 J 7 Program Frequency Responsible Parties Expected Indicator Data Source Time of Activities (how often) (who) Outcomes/change (why) Measurements (where) Measurement (when) (what) (evidence) w U1 Edit this Header Type the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. will expand as Program Design & Task Management (Columns 1-4) Evaluation Design & Data Collection (Columns 5-7) 1 2 3 4 5 6 7 Program Activities Frequency Responsible Expected Indicator Data Source Time of (what) (how often) Parties (who) Outcomes/change Measurements (where) Measurement (why) (evidence) (when) w o, Edit this Header Type the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. will expand as Program Design & Task Management (Columns 1-4) Evaluation Design & Data Collection (Columns 5-7) 1 2 r3 4 5 1 6 7 Program Activities Frequency Responsible Expected Indicator Data Source Time of (what) (how often) Parties (who) Outcomes/change Measurements (where) Measurement (why) (evidence) (when) w Edit this Header Type the organi»tion and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. will expand as Program Design & Task Management (Columns 1-4) Evaluation Design & Data Collection (Columns 5-7) 17:7-7711 2 7711 3 4 5 6 7 Program Activities Frequency Responsible Expected Indicator Data Source Time of (what) (how often) Parties (who) Outcomes/change Measurements (where) Measurement (why) (evidence) (when) 10 W 00 Edit this Header T, e the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. E. COLLABORATION (Entire Section E not to exceed one page) 1. List your program's collaborative partners and the resources that they are providing to the program beyond referrals and support. (See individual funder requirements for inclusion of collaborative agreement letters.) (NOTE: COLLABORATIVE AGREEMENT LETTERS ARE NOT REQUIRED BY ANY OF THE UNITED WAYS USING THIS CORE APPLICATION.) Collaborative Agency I Resources provided to the 39 Edit this Header Type the organization and program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. F. UNDUPLICATED CLIENTS Number of Undu licated Clients by Age Location LastFUcal-Year - Actuafi 1014/15..- Current Fiscal Year Budget 2015/16 _~Ne`zt Fiscal Year _ ' P_eq ';ections 2.016/1:7 Individuals, G,.,.oup Individuals Group Lidividuals: -= Group _. 0 to 4 - (Pre-school) 5 to 10 - (Elementary) 11 to 14 - (Middle) 15 to 18 - (High School) - - Total Children - - - - 19 to 59 - (Adults) - - - - 60 + (Seniors) - - - _ Total Adults - - - - TOTAL SERVED - 12 40 Edit this Header Type the organization and program name and the funder for whom it is being completed. The page #1 is already set at the bottom right of every page. G. FUNDER SPECIFIC REQUIREMENTS — refer to Funder Specific Request For Proposal instructions. H. BUDGET FORMS — The budget forms are in a separate Excel file named "CSAC 2016- 2017 Budget Forms". Refer to Funder Specific instructions for instructions opening this file. In the Excel file you will find the following worksheet tabs: 1. Budget Narrative Worksheet — Part One 2. Budget Narrative Worksheet — Part Two 3. Total Agency Budget 4. Total Program Budget 5. Total Funder Specific Budget 6. Explanation for Variances Make sure to print all the forms by going to each tab and selecting the Print icon, or click on File, Print, Entire Workbook. 13 41 Type the Organization and Program Name 2016/17 CORE APPLICATION BUDGET NARRATIVE WORKSHEET - PART ONE Revenues: Line 1 - 20 & Salaries/Fringes: Lines 21 - 26 IMPORTANT: The Budget Narrative should provide details to justify the amount requested in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget, Total Program Budget and Funder Specific Budget. AGENCY: PROGRAM NAME: FUNDER: _ i GrA17iYSN _ Do not enter a y figures where a cell is colored in dark blue :Formulas and/or links are in place_ - - _ - - _ - - _ - - _ - - I 21 22 23 24 25 26 REVENUES Proposed -Tota! Program, Budget Funder Specc Tota! Agency .Budget' 'Budget Children's Services Council -St. Lucie Children's Services Council -Martin Advisory Committee -Indian River United Way -St Lucie County United Way -Martin County United Way -Indian River County Department of Children & Families County Funds Contributions -Cash Program Fees Fund Raising Events -Net Sales to Public - Net Membership Dues Investment Income Miscellaneous Legacies & Bequests Funds from Other Sources Reserve Funds Used for Operating In -Kind Donations (Not Included In total) TOTAL REVENUES doesn't Include tine 19 $0.001 $0.001 $0.00 vzsnots B-1 42 A EXPENDITURES Proposed Total Program Budget - Fund_ er Speck Total Agency Budget Budget . Salaries - (must complete chart on next page) 0.00 0.00 0.00 FICA - Total salaries x 0.0765 e remen - Annual pension for qualified staff Life/Health - e ica en a o -term Disab. Workers Compensation - # emp ogees x rate Florida hemp oymen - # projected employees x $7,000 x UCT-6 rate vzsnots B-1 42 Type the Organization and Program Name SALARIES POSITION LISTING Position Title -/Total Hrs/wk I -Gross Annual Sala y �' (Agency) " !/ !v Portion of Sala on 'Pro Proposed III %o f'Gross Annual '� P Fundei Spec_firc Budget Salary Program RequestepyVA) Example: Executive bir"r/40 hrs_ 70,000.00 -10,000:00 5,000.00 7.14% 5,000:00 - 382.50, - -200.00 .: #DIV/0! , : 300.00 " �. -200:00 1;582.50 #DIV/0! 000 0.00 #DIV/0! #DIV/0! 0 0.00 #DIV/0! #DIV/0! 0.00 0 #DIV/0! 0.00 #DIV/0! 0.00 #DIV/0! 0.00 0.00 #DIV/0! #DIV/0! 0 000 #DIV/0! #DIV/0! 0.00 0 #DIV/0! 0.00 #DIV/0! 0.00 #DIV/0! 000 0.00 #DIV/0! #DIV/0! 0 0.00 #DIV/0! Remaining positions throughout the agency Total Salaries $0.001 #DIV/0! $0.00 $0.00 #DIV/0! FRINGEBENEFI:TS•DETAIL (Funder Speck Budget- ! ; Funder -' ` Speck Budget Column -C only, from line 21 to 26) Position -Title % Total H"k _ .' , FICA 7,85% P_enslon (g x %j _ - '• Health" . Worker's - Urieniployme 'Ins. Comperes. r►t Coinpens. s. .. :.VI1 TotaFFringes Funder Specffc E)iaiep/e:' CasoManager%40 hra ._ ` , 5,000:00 - 382.50, - -200.00 .: _500.00 , : 300.00 " �. -200:00 1;582.50 0 000 0.00 0.00 0 0.00 0.00 0.00 0 000 0.00 0.00 0 0.00 0.00 0.00 0 000 0.00 0.00 0 0.00 0.00 0.00 0 000 0.00 0.00 0 0.00 0.00 0.00 0 0.00 000 0.00 0 000 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 000 0.00 0.00 0 0.00 0.00 0.00 0 0.00 000 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.001 0.001 0.00 0 1 TotalFunder Request Fringe Benefits 0.001 $0.001 0.00 $0.0010.00 0.00 $0001 0.00 0.00- .00-Total .00 MWO16 9-1 43 2016/17CORE APPLICATION BUDGET NARRATIVE WORKSHEET - PART TWO General Expenditures: Lines 27- 48 IMPORTANT: The Budget Narrative should provide details to justify the amount requested in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget and Total Program Budget AGENCY NAME: PROGRAM NAME: FUNDER: CAUTION Do not enter any figures where a cell is colored in dark blue --Formulas & links are in place. i................................................................................................ • Col. Description Expense for the Program Col. 2 -�.AMOUNT BudgetBudget Program • 'Expense for the Program CalculationAMOUNT ProgramBudget • %//////////////1/i %/////////////////, IIIII %////0//1////10 IIIII %////////////////i IIIII %///////////00, • Col. Description Expense for the Program Col. 2 -�.AMOUNT BudgetBudget Program • Col. I - Description of Expense for the Program Col. 2 - Calculation Budget Program Budget Col. 4 - TOTAL' Col.5-TOTAC . AJROUNTi� 11111111 %///1001///////% %/////////////////, IIIII %////0//1////10 OFFICEEXPENDITURE LINE ITEM: Col. I - Description of Expense for the Program Col. 2 - Calculation Budget Program Budget Col. 4 - TOTAL' Col.5-TOTAC . AJROUNTi� 11111111 %///1001///////% %/////////////////, IIIII %////////////////i IIIII %//////////////0- 30 EXPENDITURE LINE ITEM: TELEPHONE 44 IMIEXPENDITURE LINE ITEM: UTILITIES Col. 1 - Description of Expense for the Program • Col. 2 - Calculation BudgetBudget Program Col. 1 - Description of• CalculationExpense for the Program Col. 2 - ProgramBudget Description CalculationExpense for the Program Col. 2 - BudgetBudget Program „ AMOUNT Col. 4 - TOTAL Col. 5 - TOTAL %////110//1///////, Expense for the Program %/////////////////. PROGRAM AMOUNT FUNDER SPECIFIC %////////////////. %10//1///////1/% Budget %//////////////%r. %/////////////M AMOUNT %////////////////r.P. V00/1//////////i 0000MIZIM-0=110 10011111.10 IMIEXPENDITURE LINE ITEM: UTILITIES EXPENDITURE LINE ITEM: PRINTING & PUBLICATIONS Col. 1 - Description of• CalculationExpense for the Program Col. 2 - ProgramBudget Description CalculationExpense for the Program Col. 2 - BudgetBudget Program „ AMOUNT Col. 4 - TOTAL Col. 5 - TOTAL %////110//1///////, Expense for the Program %/////////////////. PROGRAM AMOUNT FUNDER SPECIFIC %////////////////. %10//1///////1/% Budget %//////////////%r. V./////////////// AMOUNT %/OM//////////.=001 V00/1//////////i 11 10011111.10 IMIEXPENDITURE LINE ITEM: UTILITIES EXPENDITURE LINE ITEM: PRINTING & PUBLICATIONS Col. 1 - Description of• CalculationExpense for the Program Col. 2 - ProgramBudget AMOUNT • Col. 3 - TOTAL Col. 4 - TOTAL Col. 5 - TOTAL Expense for the Program %/////////////////. PROGRAM AMOUNT FUNDER SPECIFIC %////////////////. Budget %//////////////%r. AMOUNT a V00/1//////////i ® OCCUPANCY EXPENDITURE LINE ITEM: PRINTING & PUBLICATIONS Description CalculationExpense for the Program Col. 2 - Budget Program Budget AMOUNT Col. 3 - TOTAL Col. 4 - TOTAL Col. 5 - TOTAL Expense for the Program %/////////////////. PROGRAM AMOUNT FUNDER SPECIFIC AGENCY AMOUNT Budget %//////////////%r. AMOUNT a V00/1//////////i 34 EXPENDITURE LINE ITEM: PRINTING & PUBLICATIONS Col. 1 - Description of Col. 3 - TOTAL Col. 4 - TOTAL Col. 5 - TOTAL Expense for the Program Col. 2 - Calculation Narrative for the PROGRAM AMOUNT FUNDER SPECIFIC AGENCY AMOUNT Budget Program Budget AMOUNT a 45 ® • Col. 1 - Description of Expense for the Program Col. 2 - Calculation Narrative for the p Budget g Program Budget Col. 4 - TOTAL, Col. 5 - TOTALCol. 1 - Description of Expense for � - �. Program Budget AMOUNT Budget Col. I - Description of 1 Expense for the Program Col. 2 - Calculation Budget Program BudgetAMOUNT 0 Col. 4 - TOTAL[ Col. 5 - TOTAL b c d /////////////M e %/////////////// © %/////////////////. ///////////////////. s Col. 1 - Description of Expense for the Program Col. 2 - Calculation Narrative for the p Budget g Program Budget Col. I - Description of Col.4-TOTAL Col. 5 - TOTAL Expense for the Program Col. 2 - CalculationFl Program .. • Budget Col. I - Description of 1 Expense for the Program Col. 2 - Calculation Budget Program BudgetAMOUNT 0 Col. 4 - TOTAL[ Col. 5 - TOTAL b c d %/01/0//1//////% e f © %//////////////%i ///////////////////////////// �� oil 38 EXPENDITURE LINE ITEM: ADVERTISING Col. 1 - Description of Expense for the Program Col. 2 - Calculation Narrative for the p Budget g Program Budget Col. I - Description of Col.4-TOTAL Col. 5 - TOTAL Expense for the Program Col. 2 - CalculationFl Program .. • Budget a b c d %/01/0//1//////% e f 38 EXPENDITURE LINE ITEM: ADVERTISING Col. 1 - Description of Expense for the Program Col. 2 - Calculation Narrative for the p Budget g Program Budget Col. 3 - TOTAL Col. 4 - TOTAL Col. 5 - TOTAL PROGRAM AMOUNT FUNDER SPECIFIC AGENCY AMOUNT AMOUNT a b c d e f 46 • CalculationExpense for the Program Col. 2 - ProgramBudget ..AMOUNT Col. 1 - Description of• CalculationExpense for the Program Col. 2 - Budget Program Budg et . AMOUNT %////////0001//// %////////////////. %//////////////// %////////////////. %///////0/010// %/////////////// MM 94 '• • • DescriptionExpense for the Program ,. . Bu get Col. 1 - Description of• CalculationExpense for the Program Col. 2 - Budget Program Budg et . AMOUNT %////////0001//// %////////////////. %//////////////// %//////////////// %///////0/010// %/////////////// MM IM1574:224 "1 • • • t . • DescriptionExpense for the Program FUNDER SPECIFIC I AGENCY AMOUNT ..AMOUNT, Budget Col. 1 - Description of• CalculationExpense for the Program Col. 2 - Budget Program Budg et . AMOUNT %////////0001//// %//////////////// %//////////////% %//1010/////////. MM %//////////////%i .%//////////////////////////////////////// IM1574:224 "1 • • • t . • DescriptionExpense for the Program FUNDER SPECIFIC I AGENCY AMOUNT ..AMOUNT, Budget %////////0001//// %//////////////// %//////////////% %//1010/////////. MM 47 EXPENDITURE LINE ITEM: ADMINISTRATIVE COSTS E ProgramCol. I - Description of Col.4-TOTAL 60-1. 6 --TOTAL Calculation Expense for the 1010 Program AMOUNT ProgramCol. 1 - Description of Calculation Expense for the Program• Budget Col. 4 - TOTAL' Col. 6 - TOTAL, Col. 3 - TOTALI Col. 4 - TOTAL Col. 5 - TOTAL %///////10////1%/1 Expense for the Program %//00/001/0011/0/% PROGRAM AMOUNT %//000/100//////M. %//////////////% %//////////////% Budget ////////////// MOMMINZI/My %/////////////// %00100010011001/ %1000000010001001/. TE224,41 Il 101:42111114 1641:8 1 elk E ProgramCol. I - Description of Col.4-TOTAL 60-1. 6 --TOTAL Calculation Expense for the 1010 Program AMOUNT ProgramIMI Col. I - Description of Expense for the 1010AMOUNT et Col.4-TOTAL Col. 5 - TOTAL' FUNDER SPECIFIC AGENCY AMOUNT1010 Col. 3 - TOTALI Col. 4 - TOTAL Col. 5 - TOTAL %///////10////1%/1 Expense for the Program MON,////////// PROGRAM AMOUNT %//000/100//////M. %/////////////N"', %//////////////% Budget %//10/////////////10 MOMMINZI/My %00100010011001/ %1000000010001001/. • a a EXPENDITURE LINE ITEM: OTHER CONTRACT ProgramCol. I - Description of Col.4-TOTAL 60-1. 6 --TOTAL Calculation Expense for the 1010 Program AMOUNT Col. 1 - Description of %//////////////%/. Col. 3 - TOTALI Col. 4 - TOTAL Col. 5 - TOTAL %///////10////1%/1 Expense for the Program Col. 2 - Calculation Narrative for the PROGRAM AMOUNT %//000/100//////M. AGENCY AMOUNT %//////////////% Budget %////////////////r. MOMMINZI/My EXPENDITURE LINE ITEM: OTHER MISCELLANEOUS EXPENDITURE LINE ITEM: OTHER CONTRACT Descriptiont. ExpenseProgram Budget Col. 1 - Description of %//////////////%/. Col. 3 - TOTALI Col. 4 - TOTAL Col. 5 - TOTAL Expense for the Program Col. 2 - Calculation Narrative for the PROGRAM AMOUNT FUNDER SPECIFIC AGENCY AMOUNT %//////////////% Budget %////////////////r. AMOUNT 47 EXPENDITURE LINE ITEM: OTHER CONTRACT Col. 1 - Description of Col. 3 - TOTALI Col. 4 - TOTAL Col. 5 - TOTAL Expense for the Program Col. 2 - Calculation Narrative for the PROGRAM AMOUNT FUNDER SPECIFIC AGENCY AMOUNT Budget Program Budget AMOUNT 48 49 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 21 2' 21 21 31 3' 3: 3: 34 3 31 3 31 31 4( 4' 4; 4: 4 4: 41 41 41 41 Type the Orgm¢e0on and Rogam Name 2016/17 CORE GRANT APPLICATION TOTAL AGENCY BUDGET AGENCY/PROGRAM NAME: REVENUES FY 14-15 FY 15-16 FYE FYE A B ACTUAL TOTAL BUDGETED FY 16-17 FYE C PROPOSED BUDGETED % INCREASE CURRENT VS. NEXT FY BUDGET D (col. Ccol. Bpcol. B 1 Children's Services Council -St Lucie 0.00 2 Children's Services Council -Martin 0.00 3 Advisory Committee -Indian River 0.00 4 United Way -St Lucie County 0.00 5 United Way -Martin County 0.00 6 United Way -Indian River County 0.00 7 Department of Children & Families 0.00 B County Funds 0.00 9 Contributions -Cash 0.00 D Program Fees 0.00 I Fund Raising Events -Net 0.00 2 Sales to Public -Net 0.00 3 Membership Dues 0.00 s Investment Income 0.00 s Miscellaneous 0.00 3 Legacies & Bequests 0.00 Funds from Other Sources 0.00 3 Reserve Funds Used for Operating 0.00 ) In -Kind Donations (Not Included In total) 0.00 ) TOTAL 0.00 0.00 0.00 EXPENDITURES Salaries 0.00 1 FICA 0.00 I Retirement 0.00 I Life/Health 0.00 Workers Compensation 0.00 Florida Unemployment 0.00 Travel -Daily 0.00 I Travel/ConferencesfTraininq 0.00 Office Supplies 0.00 I Telephone 0.00 Postage/Shipping 0.00 Utilities 0.00 Occupancy (Building & Grounds 0.00 Printing & Publications 0.00 Subscri tion/Dues/Membershi s 0.00 Insurance 0.00 Equipment: Rental & Maintenance 0.00 Advertising 0.00 Equipment Purchases:Ca ital Expense 0.00 Professional Fees (Legal, Consulting) 0.00 Books/Educational Materials 0.00 Food & Nutrition 0.00 Administrative Costs 0.00 Audit Expense 0.00 Specific Assistance to Individuals 0.00 Other/Miscellaneous 0.00 Other/Contract 0.00 TOTAL 0.00 0.00 0.00 REVENUES OVER/ UNDER EXPENDITURES 0.00 0.001 0.00 50 2126=16 B -t 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 31 3' 3,' 3' a 4 4; t 4 4: a C IV 4! Type a. Orprmoon ria PrWr N. 2016-17 CORE GRANT APPLICATION TOTAL PROGRAM BUDGET AGENCY/PROGRAM NAME: REVENUES FY 14-15 FY 15-16 FYE FYE A B ACTUAL TOTAL BUDGETED FY 16-17 FYE C PROPOSED BUDGETED % INCREASE CURRENT VS. NEXT FY BUDGET D (col. C -col. 6ycol. B 1 Children's Services Council -St Lucie 0,00 2 Children's Services Council -Martin 0.00 3 Advisory Committee -Indian River 0.00 4 United Way -St Lucie County 0,00 5 United Way -Martin County 0,00 6 United Way -Indian River County 0,00 7 Department of Children & Families 0,00 6 County Funds 0,00 9 Contributions -Cash 0,00 3 Pro ram Fees 0,00 I Fund Raising Events -Net 0,00 t Sales to Public -Net 0,00 3 Membership Dues 0,00 s Investment Income 0.00 5 Miscellaneous 0,00 3 Le acies & Bequests 0,00 F Funds from Other Sources 0,00 I Reserve Funds Used for Operating 0,00 I In -Kind Donations (Not Included In tong 0,00 I TOTAL 0.00 0.00 0.00 EXPENDITURES I Salaries 0,00 t FICA 0,00 I Retirement 0,00 I Life/Health 0,00 I Workers Compensation 0,00 Florida Unemployment 0,00 ' Travel -Daily 0,00 i Travel/Conferences/Training 0,00 i Office Supplies 0,00 i Telephone 0,00 Postage/Shipping 0,00 Utilities 0,00 Occupancy Buildin & Grounds 0,00 Printing & Publications 0,00 Subscription/Dues/Memberships 0,00 Insurance 0,00 Equipment: Rental & Maintenance 0.00 Advertising 0,00 Equipment Purchases:Ca ital Expense 0,00 Professional Fees (Legal, Consulting) 0,00 Books/Educational Materials 0.00 Food & Nutrition 0.00 Administrative Costs 0.00 Audit Expense 0.00 Specific Assistance to Individuals 0.00 Other/Miscellaneous 0.00 Other/Contract 0,00 TOTAL 0.00 0.00 0.00 REVENUES OVER/ UNDER EXPENDITURES 0.00 0.00 0.00 2rr. 6 a, 51 2 2 2 2 2 2 2 2 2' 3 3' 3; 3; 3, 31 31 3 3( 31 4( 41 43 41 44 4; 4( 41 1; Type the Organization and Program Name 2016-17 CORE GRANT APPLICATION FUNDER SPECIFIC BUDGET PROGRAM EXPENSES AGENCY/PROGRAM NAME: FUNDER: A B C FY 16-17 TOTAL PROGRAM BUDGET FY 16-17 FUNDER SPECIFIC BUDGET % OF TOTAL VS. FUNDER REQUEST col. B/col. A EXPENDITURES I Salaries 0.00 0.00 #DIV/01 2 FICA 0.00 0.00 #DIV/01 3 Retirement 0.00 0.00 #DIV/01 I Life/Health 0.00 0.00 #DIV/01 9 Workers Compensation 0.00 0.00 #DIV/01 3 Florida Unemployment 0.00 0.00 #DIV/01 Travel -Dail 0.00 0.00 #DIV/01 I Travel/Conferences/Training 0.00 0.00 #DIV/01 1 Office Supplies 0.00 0.00 #DIV/01 I Telephone 0.00 0.00 #DIV/01 Postage/Shipping 0.00 0.00 #DIV/01 Utilities 0.00 0.00 #DIV/01 1 Occupancy (Building & Grounds 0.00 0.00 #DIV/01 Printing & Publications 0.00 0.00 #DIV/0! Subscription/Dues/Memberships 0.00 0.00 #DIV/01 Insurance 0.00 0.00 #DIV/0! Equipment: Rental & Maintenance 0.001 0.00 #DIV/01 Advertising 0.00 0.00 #DIV/01 Equipment Purchases:Ca ital Expense 0.00 0.00 #DIV/01 Professional Fees (Legal, Consulting) 0.00 0.00 #DIV/01 Books/Educational Materials 0.00 0.00 #DIV/01 Food & Nutrition 0.00 0.00 #DIV/0! Administrative Costs 0.00 0.00 #DIV/01 Audit Expense 0.00 0.00 #DIV/01 Specific Assistance to Individuals 0.00 0.00 #DIV/01 Other/Miscellaneous 0.00 0.00 #DIV/01 Other/Contract 0.00 0.00 #DIV/01 TOTAL $0.00 1 $0.00 #DIV/01 2/26/2016 B4 52 Type the Orpan=e and Rog— N- 2016/17 CORE GRANT APPLICATION EXPLANATION FOR VARIANCES OF 15% OR MORE TOTAL PROGRAM BUDGET AGENCY/PROGRAM NAME: FUNDER: EXPLANATIO_Nt_FOR`V_ ARI_AIVC_ E _ .. — — — _ Children's Services Council -St. Lucie Children's Services Council -Martin Adviso Committee -Indian River United Way—St Lucie County United Way -Martin County United Way -Indian River County Department of Children & Families County Funds Contributions -Cash Program Fees Fund Raising Events -Net Sales to Public -Net Membership Dues Investment Income Miscellaneous Lenacles & Bequests Funds from Other Sources Reserve Funds Used for Operating In -Kind Donations Not included In total Salaries FICA Retirement Life/Health Workers Compensation Florida Unem lomem Travel-Dallv Travel/Conferencesff rainin Office Su Iles Tele hone PostaAe/Shipping Utilities Occupancy Buildin & Grounds Printing & Publications Subscri n/Dues/Membershi s Insurance EguiDmentRental & Maintenance Advertising Eguipment Purchases:Ca ital Expense Professional Fees (Lenal, Consulting) ks/Educ tionaI Materials Food & Nutrition Administrative Costs Audit Ez ense Specific Assistance to Individuals Other/Miscellaneous Other/Contract WW016 Bd 53 Type Ne Qyaa¢aom a Program Name 2016/17CORE GRANT APPLICATION EXPLANATION FOR VARIANCES OF 15% OR MORE FUNDER SPECIFIC BUDGET AGENCY/PROGRAM NAME: FUNDER: UNE'_ITEJN' -- EXPLANA•Tl0N'F0KVA'RL"QE,. - - - #DNIO! — - #DNI01 #W/OI #DN/01 #DN/01 #DNI01 #DN101 #DNIOI #DNIOI #DN/01 #DIV/01 #DMO! #DN/0! MIMI #DNIOI #DN/01 #DN/01 #DN/01 #DNI I #DN/01 #DNI01 #DNI01 #DN/01 #DNIO! #DN/OI #DNr01 #DN101 c 7!162016 gS 54 Instructions for the 2016/17 Core Funding Application GENERAL INSTRUCTIONS Please follow the instructions for completion of the Core Application for Funding The application this year is in two electronic files. The file entitled 2016/17 Core Application is a Word file used for your program narrative description. You also have an Excel spreadsheet file named 2016/17 Budget Forms that contains the required fiscal forms. These files and an Instruction file are available at the funders' offices. If you use a printed version instead of the electronic, please double-check all of your calculations for accuracy. Be advised that the funders support this core application, however each funder may have different individual priorities and require different portions to be completed for that funder. Each funder may have specific penalties if required items are not included. Please carefully review the instructions for the funders to whom you are applying. Each funder requires an individualized application for each program. The use of core items in the narrative and fiscal sections should simplify application for the same program to several funders. CORE APPLICATION Page 1 Table of Contents. Header: Edit this Header. Type the name of your organization and the program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. This header will, once edited, appear on the top of every page of the narrative. NOTE: When you open the Financial Forms (MS Excel file), you will need to edit the header of each of those pages separately. Enter the name of your Organization and the name of the Program requesting funds. Required information. Use the Table of Contents as your Application Checklist. Enter an X for each completed item and enter the page # for its location in the application. Required information. Page 2 Program Cover Page. Required information. ➢ Complete the indicated information for the requesting Organization. ➢ Complete requested information for the Program to be funded. See specific Funder requirements for Program Funding Period. ➢ State the Priority Need Area to be addressed in accordance with specific Funder requirements. ➢ Brief Description of the program should be as focused and brief as possible. This is the summary used to describe your program. ➢ Complete financial and statistical data summary. IMPORTANT. To access the Excel box, move your cursor inside the box and double click. Enter all of the information in the requested areas, except for the cells in blue (formulas are 55 in place). To exit the box, move your cursor outside the Excel box and click once Anv changes made to information in the box are saved when the Word document is saved ➢ These numbers should not be duplicative of each other and should be a reasonable expectation, given the size and scope of the program. ➢ The client figures and amounts used on this page must be consistent with those used later in the Narrative, Unduplicated Client Count, and Fiscal Sections of this application: ■ Summary of budget totals and request. ■ The estimated number of children to be served via individual services. ■ The estimated number of adults to be served via individual services. ■ The estimated number to be served via services in a group setting. ➢ If the request has increased 5% or more, briefly explain why. The signing of the application by both the Chief Board Officer and the Chief Professional Officer for the Organization is required. Include one original signed proposal, and see specific Funder requirement for the number of copies required. Page 3 Proposal Narrative begins (Do not change the 12 pt. Times New Roman font or any page settings.) Section A. Organization Capability (Entire Section A not to exceed one page. Box will expand as you type.) Complete the narrative items as indicated in the directions for each block within the stated page length for Section A. Although the boxes will expand as you type, address that item as concisely as possible and stay within the one page limit requirement. Al refers to the overall Organization. A2 should reflect your organization and the areas of concern relating to the program in this application. Page 4 Section B - Program Need Statement (Entire Section B not to exceed one page. Box will expand as you type.) B1 When completing this section, answer the questions as directly as possible. You are describing the specific unacceptable condition that is addressed by your program. Provide an accurate description of your target population. Provide data and references that this is a substantiated condition or situation in our community. See specific Funder requirements. B2 When completing this section, make sure that you have carefully reviewed and surveyed existing programs in the county. Collaboration is expected to better serve the community and fill existing gaps in services. Please identify other programs serving this priority need and explain how your program will provide for additional services or serve additional clients. Unnecessary duplication of services is to be avoided. See specific Funder requirements. 2 56 Page 5 Section C - Program Description (Entire Section C, 1-6, not to exceed two pages. Box will expand as you type.) Stay within the page limit for the section. Be as specific and understandable as possible and focus on the indicated subject for each area. The end result of this section is to have a comprehensive understanding of what your program will accomplish in the community and how you intend to achieve your results. Cl The priority needs posted on the cover page is linked to this section. Do not enter anything. C2 Program activities and services description. ➢ Explain the activities, services, and general results to be provided by this program. ➢ Address the process and intended outcomes of the program. The reader should have a good understanding of client involvement from start/referral to finish/program exit. ➢ The expected outcomes and changes for the client and the community should be clearly stated. (Detailed Measurable Outcomes will be covered in Section D.) ➢ The client's choices, participation, and influence on service provision should be evident, as well as any cycle of activities that are program requirements. ➢ Follow up after exit from the program should be done to determine any long-term effect from activity involvement and impact from the program over time. This follow up should also be incorporated into program improvement efforts (Section G -Timetable). ➢ See specific Funder requirements. C3 Specifically address how the unacceptable condition from Section B1 will be reduced by the efforts of the program and involvement of the client. Describe how your program follows a recognized "Best Practices" approach (see definition on page 15), and show how the proposed strategies or program components are effective with the targeted population. C4 Briefly describe the staffing requirements of the program. What skills and abilities are needed by the staff to make this program successful? Do you have specific people in mind for program staff. Information here should conform to that in the Position Listing on the Budget Narrative Worksheet. C5 Describe how you propose to make the target population aware of the availability of this program. How will you incorporate other community resources in this process? How will you promote the program? Do you have community/program partners with signed agreements that will help in this area? C6 What will you do to make the program accessible to the population that you want to involve? What will attract the target population to your program? What will keep them coming back? 57 Pages 6-10 Section D — Program Outcomes and Activities Matrix (Not to exceed 3-4 outcomes. One matrix table per outcome. Each matrix not to exceed two (2) pages) Outcome: In general, a program should have 3-4 program outcomes. The Outcome indicates the measurable impact or change the program will have on the clients its serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise and lower. Please incorporate the following into the outcome description: * Direction of change * Time frame * Area of change * As measured by * Target population * Degree of change * Baseline: the number you will be measuring against Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2015-16 School Board attendance records (as measured by). Baseline: 2015-16 School Board attendance records for enrolled boys and girls. Activities Matrix: The matrix is designed to identify specific activities the program will provide to achieve the stated outcomes. The matrix identifies: 1) the specific activity; 2) how often the service/activity is provided; 3) who, by position, is responsible to deliver the service/activity; and 4) expected change in client from providing service/activity. In addition, the matrix is designed to capture the evaluation of services provided: 5) indicator or measurement of change; 6) source of measurement; and 7) how frequently it is measured. A separate PROGRAM OUTCOMES AND ACTIVITIES MATRIX needs to be completed for each outcome; each matrix should not exceed two (2) pages Use a separate row for each activity and group activities under their related outcomes. To add more rows, if needed, simply locate the cursor at the last cell in the last row and press the "TAB" button on the keyboard. See examples provided at the end of the instructions. IMPORTANT NOTE: Keep in mind when developing PROGRAM OUTCOMES that, if funded, these will be what you are accountable to accomplish. Also, the PROGRAM OUTCOMES should reflect the information described in the PROGRAM NEED STATEMENT (B.1.) All PROGRAM NEED STATEMENTS should flow from the MISSION & VISION. MEASURABLE OUTCOMES should be based on and measure program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your PROGRAM NEED STATEMENT. 4 58 Program Outcomes and Activity Matrix EXAMPLES PROGRAM OUTCOME AND ACTIVITIES Outcome: Increase academic performance as measured by and post tests from Skills Bank software and/or grade point averages for 75% of participants attending at least one month in the program. Baseline: Skills Bank — Pre-test upon entering program;glade point average first grading, period Program Design & Task Management (Columns 14) Evaluation Design & Data Collection (Columns 5-7) 1 —I1 3 71 4 5 ©1 7 Responsible Expected Indicator Data Time of Program Frequency Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when) Complete Five days a Tutors Increase academic Scores on Skills Bi -monthly academic week for 1 skills Skills Bank Bank training hour per software exercises day on Skills Banks Software Provide Five days a Tutors Increase in School grades Report 9 week assistance week for 1 academic Cards progress in hour per performance reports completing day homework Increase in Completed assignments confidence to homework Daily log complete school assignments work 5 59 PROGRAM OUTCOME AND ACTIVITIES Outcome: Maintain the reduction in risk factors (by at least one) for a period of one year, for 90% of the families who have successfully completed the program as measured by the risk assessment tool. Baseline for 04-05 was 100%. Proeram Design & Task Management (Columns 1-4) _Evaluation Design & Data Collection (Columns 5-7) 1 3 ---]F--4 11 5 ©1 7 Program Frequency Responsible Expected Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when) Provide in- 1 hour Home Increase parenting Family Family Monthly home once a visitor skills observation files family week for worker visitations 12 weeks Family to receive to provide proper services family from outside support agencies (parenting skills) and referrals Provide 2 hours Social Increase in family Progress in Family Monthly family once a worker coping skills counseling files counseling week for 12 weeks Resolve family Participation in issues counseling 60 PROGRAM OUTCOME AND ACTIVITIES Outcome: 85% of enrolled youth in the program for at least three months will not become involved with Juvenile Justice system as measured by reports obtained by DJJ every 6 months Baseline: status ofo�pon enteringrho ram Program Design & Task Management (Columns 14) Evaluation Design & Data Collection (Columns 5-7) 1 Program Frequency 3 Responsible 4 5 ©1 7 Expected Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) 4 times a (who) Program (why) Increase in school (evidence) Better grades (where) Report (when) Every 9 week Provide after school week for Tutors grades and I cards grade report tutoring I hour each attendance school session attendance Provide1 time anger every other management week for sessions 1 1.5 hours Guest Increase ability to speaker— cope during Counselor stressful or from xyz confrontational program situations Provide 5 times a Recreation structured week for 2 specialist after school hours program that recreational Music activities program for all Specialist including alternative other week) music, Program recreation, director and Completion of Client Weekly pre/post test files (observation) indicating review of program that increase in Completed skills program for all test (every roster alternative other week) Staff observation Maintain active Consistent Sign -in Weekly participation in participation of sheets review of program that youth in attendance provides a safe program for all roster alternative 5 days 7 61 Page 11 Section E - Collaboration Listing (Entire Section E not to exceed one page) Your program is a part of the larger community, including home, neighborhood, and school, in which your clients live and function. Incorporate working with other organizations into your plan and make the best use of your combined resources. Plan these working relationships into your program with a clear understanding of what each program will bring into the process for the benefit of the clients being served. Your program resources are to benefit your community partners and the clients that they serve. Page 12 Section F- Unduplicated Clients IMPORTANT: To access each Excel table, move your cursor inside the box and double click. Ater entering the data, move your cursor outside the Excel box and click once Location Section - Provide counts for last fiscal year, current fiscal year, and projected fiscal year for the program. The Location table requests information for the total number of unduplicated clients across the locations served by your program. The three sets of columns allow for entry of figures for the Last Fiscal Year (2014-15), the Current Fiscal Year (2015-16), and the Projections for the Fiscal Year for which you are applying (2016-17). This data allows for comparison between what was accomplished in the last complete year, what has occurred so far in the current year, and what you expect to achieve in the coming year for which you are requesting funds. See specific Funder requirements. While your program may riot serve more than one county, this table allows for data entry by programs that cover multiple locations. Please be as accurate as possible with these figures, as the funders may require documentation. Age Group Section - Provide counts for last fiscal year, current fiscal year, and projected fiscal year for the program. The Age Group Section is similar to the prior section and allows for entry of unduplicated client data by individuals and by group for the same referenced timeframes. This data entry allows the funder to see the population that you serve broken into both age groupings and by individual or group based services. The data for those served as individuals and by group services should not be duplicative. The Totals Served in both sections should match. The figures from these sections must be in agreement with those used on the Cover Page and in .the other Narrative sections. 8 62 Page 13 Section G. FUNDER SPECIFIC SHEETS REMEMBER TO CHECK INDIVIDUAL FUNDER INSTRUCTIONS FOR ANY FURTHER REQUIREMENTS OR ADDITIONAL FORMS This is the end of the program narrative section of the application. 9 63 Page 13 Section H. Budget Forms 2016117 BUD GET APPLICA TION INSTRUCTIONS The budget forms for the 2016/17 application are in a separate MS Excel file named "CSAC 2016-17 Budget Forms". General Instructions: Edit the Header to indicate the Organization and program name, the particular funder for whom this application is intended, and the page number. BUDGET NARRATIVE WORKSHEET — PART ONE (V worksheet tab) -NOTE: DO THIS WORKSHEET FIRST!. This is the first tab at the bottom of the Excel worksheet. Work entered here will automatically transfer to other worksheets. Toward the top of this worksheet, please enter the Agency Name, Program Name and Funder. Column Descriptions: The purpose of the Budget Narrative Worksheets is to provide detail to justify the amount requested and posted in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget — Column C and Total Program Budget — Column C and the Total Funder Specific Budget. CAUTION: Do not enter any figures or formulas where a cell is colored in dark blue. The dark blue print indicates that formulas and/or links are in place. Column A: This column should show the Proposed Total Program Budget. This column is linked to Total Program Budget Form — Column C. Column B: This column should show the Proposed Total Funder Specific Budget. This column is linked to Total Funder Specific Budget Form. Column C: This column should show the Proposed Total Agency Budget. This column will be linked to Total Agency Budget Form —Column C. BUDGET NARRATIVE WORKSHEET - PART ONE Part One contains the "Revenues Section" — Lines 1 through 20 and "Salaries and Fringe Benefits" — Lines 21 through 26. Sources of revenue (Lines 1 — 20) must be entered manually in the columns as indicated above. Totals for Salaries (Line 21) will be automatically transferred from the Salaries Detail Section which begins on Worksheet Line 46. Totals for Fringe Benefit costs (Lines 22 — 26) must be entered manually in the Total Program, Total Funder Specific and Total Agency columns. 10 64 BUDGET NARRATIVE WORKSHEET — PART TWO (2nd worksheet tab) NOTE: DO THIS WORKSHEET AFTER COMPLETING PART ONE. As with Part One, work entered here will automatically transfer to other worksheets. Part Two contains the "General Expenditures Section" — Lines 27 through 48. The format provides for entering information about different expenses within a given line item as noted below. Note that the details included in this narrative apply to the Program Budget only. Column 1: A narrative description — a brief explanation of the item(s) and its use. Column 2: A calculation narrative for each expense within line item. Column 3: Manually enter the total program expense for each item listed. Column 4: Manually enter the total funder specific expense for each item listed. Column 5: Manually enter a total for the Agency for this line item. NOTE: The line item totals for the program (Column 3), the funder specific expenses (Column 4) and for the agency (Column 5) will automatically link to other budget worksheets. EXAMPLE for Line Item 28 Travel, Conferences & Training: Column 1: a) state conference auto travel; b) state conference registration c) state conference hotel & per diem Column 2: a) Orlando conference @ 250 miles @ 48.5 cents/mile; b) 2 @ $250; c) 2 rooms x 2 nights x $150/room Column 3: a) $122; b) $500; c) $600 Column 4: Whatever portion of Column 3 you want the specific funder to pay for Column 5: Whatever the total Travel, Conferences & Training is for the AGENCY TOTAL AGENCY BUDGET (3`d worksheet tab) and TOTAL PROGRAM BUDGET (4th worksheet tab) Column Descriptions: The five columns of the Total Agency Budget and the Total Program Budget are to provide historical, current, and proposed budget information regarding the program. Column A: This column should show the the last full fiscal year tha figures.) actual amounts received and expended for has passed. (These are usually audited Column B: This column should show the budgeted amounts for the current fiscal year. Do not leave any cells blank, rather enter a zero (0) if you have not budgeted certain revenues or expenses. 11 65 Column C: Unless you skipped the Budget Narrative Worksheet, this column will automatically show the budgeted projections for next fiscal year—the year for which this application is being submitted. Column D: This column will automatically calculate the percentage increase from the current fiscal year budget (Column B) to the next fiscal year budget (Column D). TOTAL FUNDER SPECIFIC BUDGET (5th worksheet tab) Enter the Agency Name, Program Name and Funder information at top of this budget form. All other data in the form will automatically be transferred from the other worksheets. VARIANCES EXPLANATION (6T" worksheet tab) The Funders are concerned with the rising costs of service provision. Dwindling state resources are resulting in increasing requests to local funding sources. The Funders are requesting more explanation and justification for program request increases. Completion of the Total Program and Funder Specific Budget sheets will automatically generate information on increases from the prior year. Any increase of 15% or more will require an explanation to be entered for that line item on the Variances Explanation worksheet (5`h tab). All line items with such a percentage will automatically have those line item labels listed on the Variances Explanation worksheet. If you are completing your form manually, you will have to calculate the percentage increase yourself and enter explanations for any line items with an increase of 15% or more. 12 66 CHART OF ACCOUNTS NOTE. This application is intended for use by multiple funders. Not all line items apply to all funders. Check individual funder specifications for exceptions. Revenue Descriptions: Note: If funds are received from a source not listed, enter the amount in line 17 "Other" and provide an explanation in the narrative. 1-3 Children's Services Councils: Amounts received from the named Children's Services Councils. 4-6 United Ways: Amounts received from the named United Ways. 7 Department of Children and Families: Amounts received from the Department of w Children and Families. 8 County Funds: Amounts received from local county governments. Please list the source counties in the budget narrative. 9 Contributions -Cash: Amounts received from cash contributions. 10 Program Fees: Fees received from customers for services provided by the program. 11 Fund Raising Events -Net: Net proceeds from special fund raising events conducted by the program. Show details of each event in the budget narrative to include for each event: Gross Revenues Expenses Net Proceeds 12 Sales to Public -Net: Net proceeds from sales of publications, supplies, and other items to the public. Show details of each type of sale in the budget narrative to include for each type of sale: Gross Revenues Expenses Net Proceeds 13 Membership Dues: Amounts received for memberships in the organization. 14 Investment Income: Interest, dividends, rentals, endowment earnings, and Royalties on any type of investment. All investment income, regardless of type and origin, should be reported here. 15 Miscellaneous: Funds not pertaining to any other revenue accounts listed (e.g., Cost of Goods Sold). 16 Legacies and Bequests: An unrestricted planned gift or endowment available for operating expenses. 17 Funds from Other Sources: Funds allocated from private sources and United Ways, Children's Services Councils, and governmental sources not otherwise listed. 18 Reserve Funds Used for Operating: Funds taken from the reserve fund balance to provide for a balanced budget/offset -a deficit budget. 19 In-kind Donation: Value of services provided by the operating agency/program to support program operation. 20 TOTAL: Add lines 1 through 18 for total agency and program revenue. Does not include In -Kind Donations. 13 67 Expenditure Descriptions: 21 Salaries: All program salaries including full-time, part-time, and temporary staff. 22 FICA: The employer's mandatory 7.65% payment for Social Security. This calculation is only the employer's share of FICA. FICA should not be calculated for contract employees. 23 Retirement: The employer's share for program employees" retirement. Enter the percentage used to calculate this benefit. 24 Life/Health: The employer's share for any life and/or health (medical) insurance program the employer offers its employees. Enter the dollar amount budgeted for Life/Health Insurance. Then calculate and enter the percentage of total salaries that the Life/Health Insurance equates to. 25 Workers Compensation: The amount paid for workers' compensation insurance, as assigned by the carrier. Enter the percentage used to calculate this cost. 26 Florida Unemployment: The amount paid for unemployment insurance (applies to the first $7,000 of wages). Enter the percentage used to calculate this cost. 27 Travel -Daily: Mileage costs associated with the daily operation of the program. Mileage is reimbursed at the rate per mile set by the funder. 28 Travel/Conferences/Training: Travel related costs including conferences and seminar registrations, hotels, meals, airfare, per diem, and lodging. Meals are reimbursed at the funders rate per 24-hour day: breakfast, $x; lunch, $x; and dinner, $x. The details of this budget line item should be provided in the budget narrative. 29 Office Supplies: All supplies and materials used by the program to include office, program, and housekeeping supplies. 30 Telephone: Expenses for all telephone services. 31 Postage/Shipping: Postage, parcel post, commercial trucking, and other delivery services. 32 Utilities: Costs for power, water, sewer, gas, and waste removal (not housekeeping). 33 Occupancy (Building & Grounds): All costs related to the program's place of residence. Includes rent (building and land), mortgage, contracted janitorial and maintenance services, real estate property taxes, and occupancy related licenses and permits. The details of this budget line item should be provided in the budget narrative. 34 Printing & Publications: Includes cost of brochures, videos, and other informational materials. Does not include the cost of renting a copy machine. 35 Subscriptions, Dues, Memberships: Costs for the purchase of professional periodicals necessary for maintaining information related to the program. Cost of individual or organization dues relevant to the functions of the program. This line item should include payments to national parent organizations. The details of this budget line should be provided in the budget narrative to identify periodicals and memberships and their individual costs. 36 Insurance: General liability, property, business auto, inland marine, crime bond, and directors and officers liability insurance. 37 Equipment Rental & Maintenance: The cost of renting and maintaining equipment including copiers, computers, typewriters, etc. 38 Advertisine: Costs related to advertising for positions and/or volunteers. This advertising line item is not for fund-raising advertising. 14 68 39 Equipment Purchases: Equipment purchased as a necessary item for the operation of a program. Equipment purchased becomes the property of the funder if the program terminates within two years of the purchase. Equipment is defined as tangible property having a useful life of one year or more and an acquisition cost of $300 or more (see specific funder requirements). 40 Professional Fees: Fees and charges of professional practitioners, technical consultants, or semi-professional technicians, who are not employees of the program and are engaged as independent contractors for specified services on a fee or other individual contractual basis. This line item would include attorney or consultant fees. Contracted janitorial, maintenance, and repair services related to buildings and grounds should be included in line 33 "Occupancy". 41 Books/Educational Materials: Materials used in the program as an educational tool for the clients (i.e., books, reading materials, games, puzzles, videos, etc.). 42 Food & Nutrition: Nourishing snacks provided to clients during program operation. 43 Administrative Costs: The costs associated with the administration of the program but not directly associated with client service. Administrative salaries should be included in this line item. Administrative costs should not duplicate any other costs. The calculation of this cost should be detailed in the budget narrative. Administrative costs are limited in dollar amount or percentage of total budget by some funders. Check individual funder specifications for limitations. 44 Audit Expense: Costs related to the expense of the annual independent audit. Only the share of the costs that apply to the funded program should be budgeted. 45 Specific Assistance to Individuals: Expenses for specific materials, appliances, rental and utility subsidies, and any other assistance rendered to clients. 46 Other/Miscellaneous: Specific program related costs not reportable on any other line item (i.e., background checks, volunteer testing, etc.). 47 Other/Contract: Costs for contractual services not reportable on any other line item. 48 TOTAL: Add lines 21 through 47 for total program expenditures. 49 REVENUES OVEMUNDER) EXPENDITURES: Line 20 minus line 48. DEFINITIONS OR KEY TERMS USED 1. Activities: Describes the tasks that will be accomplished in the program to achieve the results stated in the outcomes. Activities utilize action words such as complete, establish, create, provide, operate, and develop. The activities should reflect the services described in the Program Description. 2. Attachments: Documentation generated outside your organization (e.g. audit, collaborative letters, and support letters). 3. Best Practice: Programs (or Program Components) that have been proven by high quality research test to be effective in reducing known risk factors and enhancing protective factors to ensure successful achievement of goals. Replicated with integrity will provide same results in community. (see also Focus Areas for further definition) 4. Client: An individual receiving direct face-to-face services from a program. 15 69 5. Collaboration: Two or more organizations working together toward a common goal. There must be evidence of collaboration with other organizations and programs in a way that promotes quality service delivery. Evidence should include completion of written cooperative Contracts containing shared measurable outcomes/objectives and detailed responsibilities. 6. Needs Area: A human problem or condition, which has been identified as a major community concern. For example, a needs area is "Child Abuse and Neglect". A service or strategy designed to prevent the problem of "Child Abuse and Neglect" is the provision of crisis counseling. 7. New Program: An application submitted by an organization for new types of services which are not now being provided in the community or are not being provided by the organization and which are identified in a needs area. Outcomes: Describes what you want to achieve with the target population. Indicates the results of the services you provide, not the services you provide. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise, and lower. 9. Priority Needs: Those areas of , need, as identified by the Funder, as a priority to be supported by the Funder through the use of its funds or through technical assistance. REMEMBER TO CHECK INDIVIDUAL FUNDER INSTRUCTIONS FOR ANY FURTHER REQUIREMENTS OR ADDITIONAL FORMS Other Resources: Grant Writing Tools for Non -Profit Organizations: www.npguides.com Non Profit Gateway: www.nonprofit.gov Free Florida and Federal Grants web site: www.freefedgrants.com Community Foundation Locator: www.communilyfoundationlocator.org/search/index.cfin Grants for Non -Profit Organizations: www.freegovmoneet Daily Funding Updates, both Federal and Foundation: http://www.fundsnetservices.com/Donors/notices07.htm County Profiles: http://web.uflib.ufl.edu/fefdl/ Foundation Center: http://fdncenter.org/pnd/rfp/ 16 70 INDIANRIVER COUNTY PURCHASING DI VISION 180027T" STREET VERo BEACH FL 32960-3365 (772) 567-8000 EXT 1416 FAX(772)770-5140 REQUEST FOR PROPOSAL PROJECT NAME: Children's Services Advisory Committee Grant Funds for Children's Programs RFP NUMBER: 2016030 REFER TECHNICAL QUESTIONS TO: BRAD BERNAUER, DIRECTOR OFFICE OF HUMAN SERVICES TELEPHONE: (772) 226-1422 FAX: (772) 770-5100 E-MAIL: BRADLEY. BERNAUER@FLHEALTH.GOV REFER GENERAL TERMS & CONDITIONS QUESTIONS TO: PURCHASING MANAGER TELEPHONE: (772) 567-8000; EXT.1416 FAX: (772) 770-5140 E-MAIL: purchasing@ircpov.com BID OPENING DATE: MAY 3, 2016 BID OPENING TIME: 2:00 P.M. ALL PROPOSALS MUST BE RECEIVED IN THE PURCHASING DIVISION, 1800 27TH STREET, BLDG. B, VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE. PLEASE SUBMIT ONE (1) ORIGINAL AND TWELVE (12) COPIES OF YOUR PROPOSAL I 71 TIMETABLE 1. RFP applications will be emailed to all interested parties. It is imperative that all interested parties provide the Executive Director with current and accurate email addresses. Bradley. Bernauer@flhealth.gov 2. Applicants Orientation Conference. April 7, 2016, 3:00 p.m. The Orientation Conference will be held in the Indian River County Administration Complex, 1800 27th Street, Vero Beach, FL., Building B, Room 131-501. All prospective applicants are required to attend 3. Proposals Due on May 3, 2016, 2:00 p.m., to the Indian River County Purchasing Division, 1800 27th Street, Bldg. B, Vero Beach, FL 32960 (Phone: 567-8000; Ext. 1416) 4. An official authorized to bind the applicant to the proposed activity must sign the proposals. Applicant's audit should be included in the RFP (if available). 5. Copies Required. Each submission must include one (1) original proposal, marked "Original", plus (12) copies, marked, "Copy #1" though "Copy #12". All proposals must be received in a sealed packet. 6. Grant Review Sub -Committee's Recommendations for Funding are approved, or disapproved, by the Children's Services Advisory Committee in June 2016; and presented to the Board of County Commissioners at the Budget Hearings, June 2016. 7. Contract Dates are from October 1, 2016 through September 30, 2017 DISQUALIFICATION Any one, or combination of, the three items listed below, will disqualify an applicant from further consideration as a qualified applicant. 1. Failure to include proof of ability to obtain all required liability insurance having Indian River County as an additional insured, contained in the contract attached to the proposal 2. Failure to include the proper number of copies of the application. 3. Failure to submit proposal within the stated time frame. PROCEDURES AND REQUIREMENTS • All applicants are required to attend the Applicants' Orientation Conference on April 7, 2016, 3:00 p.m., Indian River County Administration Complex, 1800 27th Street, Vero Beach, Florida; Building B, Room 61-501. The purpose of the meeting is to go over the application, general requirements, and for staff to respond to any questions. After this meeting all questions and answers shall be reduced to writing, and mailed to all attendees. • All agencies, or individuals, receiving a grant will be required to mention the Children's Services Advisory Committee and Indian River County as a funder, or partial funder of the program, in all printed material and press releases. VIII 78 2016-17 CHILDREN'S SERVICES ADVISORY COMMITTEE REQUEST FOR PROPOSAL (RFP) #2016030 RFP is to allow Not -for -Profit, For -Profit, Government Agencies and Individuals to apply for funding to provide programs for Indian River County children. Application form is available on "disk" (Microsoft Word & Excel), and in print. DELIVER THIS APPLICATION TO: Indian River County Purchasing Division 180027 th Street, Bldg. B VERO BEACH, FLORIDA, 32960 Phone: 772-567- 8000; Ext. 1416 FAX: 772-770-5140 Mandatory Applicants Orientation Conference April 7, 2016, 3:00 p.m. Indian River County Administration Complex 1800 27th Street, Vero Beach, Florida Building B; Room B1-501 DEADLINE FOR SUBMITTING RFP 2016030 Tuesday, May 3, 2016, 2:00 p.m. 72 El TABLE OF CONTENTS CoverSheet............................................................................................... IV Introduction and Background ....................................................................... V MissionStatement........................................................................................... V VisionStatement............................................................................................. V OverarchingOutcomes................................................................................... V Focus Areas, Goals & Objectives ............................................................... VI TimeTable..................................................................................................... VII Disqualification............................................................................................. VII Procedures and Requirements......................................................................... VII EvaluationCriteria......................................................................................... VIII Standardsfor Evaluation............................................................................... VIII Special Contract Terms and Conditions........................................................ IX ContractProcedures...................................................................................... IX Period of Performance.................................................................................... IX Invoicingand Payment.................................................................................... IX Nepotism Policy & Disclosure Requirements................................................... IX FORM - Not -for -Profit Agency Certification (Sworn Statement) ....................... XI FORM - Authorization for Release of Information .......................................... XII FORM - Disclosure of Relationships (Sworn Statement) ................................. XIII Supporting Documents Checklist................................................................... XV III 73 INDIAN RIVER COUNTY, FLORIDA REQUEST FOR PROPOSAL To allow Not for Profit, For Profit, Government Agencies and Individuals to apply for funding, to provide programs for Indian River County Children. RFP NUMBER: 2016030 DEADLINE TO SUBMIT: 2:00 p.m. May 3, 2016 ADDRESS TO SUBMIT: Indian River County Purchasing Division 180027 1h Street Bldg. B Vero Beach, Florida 32960 Phone: 772-567-8000, Extension 1416 MANDATORY ORIENTATION MEETING: April 7, 2016, 3:00 p.m. Indian River County Administration Complex 180027 th Street, Vero Beach, Florida Building B; Room B1-501 REQUESTS FOR INFORMATION: Requests for information regarding this RFP should be directed to: Brad Bernauer, Human Services Director Indian River County Human Services 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1422 Fax (772) 770-5100 Email addresses: Bradley.Bernauer@flheaIth.gov DOCUMENT: Applicants shall submit one original packet, marked "ORIGINAL", plus (12) copies of the RFP. Each complete copy of the RFP shall be in a sealed, manila envelope, numbered "Copy #1" through "Copy #12". IV 74 INTRODUCTION & BACKGROUND The Children's Services Advisory Committee of Indian River County was formed by Indian River County Ordinance 99.01, Chapter 103, as an advisory board to the Indian River County Board of Commissioners. Section 103.20. Purpose. The purpose of the Children's Services Advisory Committee is to promote healthy children in a healthy community. The term "healthy" encompasses socioeconomic, physical, environmental, educational and behavioral health. Section 103.21. Objective. 1) 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 by the Children's Services Advisory Committee. 2) Definition of a child. Any person who has not attained the age of eighteen (18) years, also minor. The Children's Services Advisory Committee recommends funding for programs to the Board of County Commissioners. The final decision for funding will be made by the Indian River County Board of County Commissioners. The Children's Services Advisory Committee is seeking programs that provide services to the children and families of Indian River County; and are documented as needed in the 2014/15 Indian River County Community Needs Assessment. Applications are accepted from: governmental agencies, for-profit, and not-for-profit organizations; and from individuals. MISSION STATEMENT The mission of the Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of the children and families of Indian River County. The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation. VISION STATEMENT The efforts of the Children's Services Advisory Committee will insure the development of a shared vision for the health and human services delivery system in Indian River County enabling funding sources and providers to define and perform their roles in a dynamically changing environment. OVER -ARCHING OUTCOMES Improve the capacity of children in Indian River County to succeed to adulthood in a safe, healthy and productive manner. Support caregivers — a child's most important resource — to be and do what is needed to shepherd children to adulthood in a safe, healthy and productive manner. V 75 FUNDING FOCUS AREAS OF NEED 2016-17 Introduction• The 2014-15 IRC Children's Needs Assessment has provided valuable information to help guide the Child Services Advisory Committee (CSAC). The following outlines what will be considered for all grant requests. Lamer Picture The community must start taking a long-term view focusing 15-25 years out. We have a cycle of poverty in IRC that has been increasing and needs to be broken. Interventions should start as early as possible in a child's life in order to have the greatest impact. IRC agencies should use best practices. a. Evidence based with measurable outcomes over time b. Cost effective/efficient c. Skilled executive, program, and board leadership d. Strong fiscal management e. Opportunity for broad impact (replicable, scalable, leveragable) Focus should be on the pockets of poverty. Given that IRC poverty is in geographically disbursed pockets and that we have unique transportation problems, we must always keep in mind that services need to be available where and when people need and can access them. We must utilize the best mediums to clearly communicate what, when and where these services are available Collaboration in the community is essential and can help optimize human and financial resources, expose and eliminate overlap. The considerations highlighted above have precedence over the actual CSAC Focus Areas listed below. 2016 CSAC Focus Areas (ranked in order by the Advisory Team at the completion of the Needs Assessment process.) 1. Early Childhood Development This encompasses birth to age 5. For the younger children this would mean improving the interactions they have beginning at birth with their caregivers. It would include improving the quality (and transparency of relative quality) at childcare, PreK and Voluntary PreK providers as well as improving financial accessibility to by leveraging available federal and state funds. Why: Research shows that the period 0-5 is the most important time for brain development and cognitive and emotional skills can be significantly impacted. VI 76 2. Build Parent Capacity This encompasses improving parenting skills at every age of a child's life and providing support mechanisms for parents. A priority would be new parents in particular first time and single parents and those in the poverty pockets. Why: A parent is a child's first and most important teacher. We need to equip parents to be the good parents that they all want to be. 3. Out of school recreational activities and enrichment pro am They need to be free/affordable and accessible (transportation) to parents and children. Where possible, they should include a literacy/tutoring component. Mentoring programs are included. There is a large gap of programs for children 12+. Why: Children need to develop positive out of school outlets that keep them engaged in school, promote their health and provide connections (to sports/hobbies, a person or group, etc). There is a wealth of data supporting extended day and extended year. 4. Middle and High School programs that address risky behavior It appears that the LifeSkills class in middle school has had a positive impact. We need to investigate how programs like this can be continued into high school as well as include delinquent behavior, teen pregnancy, STDs, bullying etc. Why: There is a lot of at risk behavior and we need to ensure that it is addressed early and repeatedly. VII 77 • All agencies, or individuals, receiving a $100,000 grant or more, will be required to provide Indian River County with a financial audit within 120 days after the end of the agency's fiscal year. The following items will NOT be reimbursed by the Indian River County Board of County Commissioners, or by the Children's Services Advisory Committee: • Any expense not outlined in the agency's funding application. • Capital expenses of any amount. • Cell phone charges. • Costs incurred by applicants in responding to the RFP. • Expenses other than those related to the curriculum or staffing of the program. • Expenses incurred prior to the first date of the grant. • Travel expenses not related to the delivery of the program. • Travel outside of Indian River County • Sick or vacation day payments for employees. • Salary payments to relatives working for agencies receiving grant funds, per the Indian River County's policy on nepotism. All materials and supporting documentation submitted in response to the RFP become public documents and the property of the Indian River Board of County Commissioners. EVALUATION CRITERIA The proposals will be reviewed and evaluated by the Grant Review Sub -Committee, which consists of members of the Children's Services Advisory Committee and other citizens of Indian River County. STANDARDS FOR EVALUATION 1. The program addresses, directly or indirectly, one or more of the Children's Services Advisory Committee's Focus Areas. 2. The program incorporates a system to bring the target population in need of services to the program. 3. The program has a substantial impact, directly or indirectly, on the achievement of one or more of the Children's Services Advisory Committee's Focus Areas, and incorporates measurable outcomes to demonstrate such impact. 4. The focus of the program is early intervention; the prevention of a problem before it occurs, rather than the treatment and rehabilitation of an individual after the problem occurs. 5. The amount of funding requested is a wise investment of community funds. The amount spent is reasonable relative to the number of persons served and the results achieved. 6. The agency offering the program has the organizational capacity to deliver the program successfully (management, financial stability, board effectiveness, community support, etc.) 7. This program is part of a coordinated collaborative approach designed to achieve one of the Children's Services Advisory Committee's Focus Areas. Upon the Indian River County Board of Commissioners decision, contracts with applicant will be finalized as soon as possible. Program monitoring, written quarterly reports, and IX 79 mid -year presentations to the Grant Review Sub -Committee will be developed with grant recipients after contract finalization. THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY COMMISSIONERS RESERVE THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE ANY NON -SUBSTANTIVE DEFICIENCY OR IRREGULARITY, AND TO AWARD A CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER COUNTY CHILDREN. SPECIAL CONTRACT TERMS AND CONDITIONS Contract Procedures • For Profit Applicants must provide a copy of most recent Federal Tax Return with application. • All successful applicants are expected to enter into a contract with Indian River County Commissioners substantially in the form set forth in Exhibit #1. Period of Performance • Grant contract will run from October 1, 2016 through September 30, 2017. Invoicing and Payment • All payments are based on reimbursement. • All requests for payment should be submitted to Indian River County Human Services Department, Attention: Brad Bernauer, 1800 27th Street, Vero Beach, Florida 32960. • Request for payment must be submitted in a timely manner (monthly, whenever possible). • Reimbursements will be limited to 25% of the contracted dollar amount during each calendar quarter. (Oct -Dec, Jan -March, Apr -June, July —Sept) . • Each reimbursement request must have a Cover Sheet detailing all expenses. For each expense listed, a backup invoice and any other pertinent data must be attached. If the agency requests reimbursement for salaries, other related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks for benefits) must be included. • Travel inside the county will be reimbursed according to Florida Statute 112.061. • Payment may be delayed for three reasons; o Improper filing of request. o Not filing quarterly reports with the Department of Human Services within 30 days after the end of each quarter. o Not filing the agency's audit, as required by IRC, in a timely manner. Nepotism Policy and Disclosure Requirements. Agencies will not be reimbursed for salary payments to relatives working for agencies receiving grant funds,. per the Indian River County's policy on nepotism. Agencies receiving grant funds must list on a sworn (notarized) statement, all employees who are related to each other, or to Directors and Principals of the agency. Such relationships should be listed specifically as: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband,, wife, father-in-law, X 80 mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. If the agency does not have any related parties working for that entity, a sworn (notarized) statement asserting this fact should be attached to the RFP. If the agencies have an existing Nepotism Policy, that policy shall be attached to this RFP. XI 81 NOT FOR PROFIT AGENCY CERTIFICATION The County of Indian River requires, as a matter of policy, that any Consultant or firm receives a contract or award resulting from the Request for Qualifications issued by the County of Indian River, Florida, shall make certification as below. Receipt of such certification, under oath, shall be a prerequisite to the award of contract and payment thereof. I (we) hereby certify that if the contract is awarded to me, our firm, partnership, or corporation, that no members of the elected governing body of Indian River County, nor any professional management, administrative official or employee of the County, nor members of his or her immediate family, including spouse, parents, or children, nor any person representing or purporting to represent any member or members of the elected governing body or other official, has solicited, has received or has been promised, directly or indirectly, any financial benefit, including but not limited to a fee, commission, finder's fee, political contribution, goods or services in return for favorable review of any Proposal submitted in response to the Request for Qualifications or in return for execution of a contract for performance or provision of services for which Proposals are herein sought. The undersigned certifies that he/she is a principal or officer of the firm applying for consideration and is authorized to make the above acknowledgments and certifications for and on behalf of the applicant. The undersigned certifies that the Applicant has not been convicted of a public entity crime within the past 36 months, as set forth in Section 287.133, Florida Statutes. Failure to sign this form will result in disqualification. Handwritten Signature of Authorized Principal(s): DATE: NAME: TITLE: NAME OF FIRM/PARTNERSHIP/CORPORATION: FOR AND ON BEHALF OF THE APPLICANT: Sworn to and subscribed to me, a Notary Public, this day of , 2016. BY: (SEAL) (TYPE NAME & TITLE) XII 82 AUTHORIZATION FOR RELEASE OF INFORMATION Indian River County and (Agency/Individual are in the process of negotiation of a contract for Indian River County is authorized to make an investigation of the Agency/Individual regarding its experience and qualifications. The Agency/Individual authorized the release of all relevant information concerning prior services furnished, contracts and background information of the Agency/Individual. The Agency/Individual authorizes any individual or organization that is in possession of relevant factual contract and background information, to release such data to Indian River County in response of the County's request. When an individual employee of the Agency signs Authorization for Release of Information, such individual authorizes the County to obtain relevant background information concerning such employee's criminal record, if any, and such other information that may be relevant to employee's good character and work experience. Authorization is given here by the Agency/Individual and such employees who execute this authorization with the understanding and limitation that Indian River County will utilize the information obtained for the purposes set forth herein and that such information shall not be disclosed to third parties except as provided by law. Name Agency/Individual Print name Name Employee Providing authorization Print name Signature (in blue ink) Date XIII 83 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with RFP No. 2016030 for 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and (if applicable) 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that an "affiliate" as defined in Section 105 08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter- in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. XIV 84 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: PRINT: State of Florida at Large My Commission Expires: (Seal) XV 85 SUPPORTING DOCUMENTS CHECKLIST RFP 2016030 Cover Page Application List of Current Officers & Directors Latest Financial Audit Report & Management Letter that conforms with the AICPA Audit Guide Most recent IRS Form 990, (Including all schedules.) Most recent Internal Financial Statement (i.e.: Balance Sheet and Operating Budget Staff Organizational Chart Most Recent Annual Report (if available) 501(C)(3) IRS Exemption Letter Articles of Incorporation Agency's Bylaws Agency's written policy regarding Affirmative Action Nepotism Statement for Agency Taxonomy Definition for each program XVI 86 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2016 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Recipient), of: (Address) For (Name of Program) 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 ("Ordinance") and established 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 (as such term is hereinafter defined) on the terms and conditions set forth herein. F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) 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 attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3 Term The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2016/17 ("Grant Period"). The Grant Period commences on October 1, 2016 and ends on September 30, 2017 — 1 — 87 4. Grant Funds and Payment The approved Grant for the Grant Period is ($ . 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 are subject to audit by the County In addition, the County may require additional documentation of expenditures, as it deems appropriate 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. 5.2 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 5.4 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 120 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 4.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from it's 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 Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5 4.2 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 5 5 Insurance Requirements. Recipient shall, no later than October 1, 2016, 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 2 - 88 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. 5.6 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. 5.7 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. 5.8 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. (2) Provide the public with access to public records on the same terms and conditions that the County 3 — 89 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. 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 C and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Bob Solari, Chairman Attest: Jeffrey R Smith, Clerk of Courts & Comptroller By - Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney - 4 - U11 EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only 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. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of 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. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1s` 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. All requests for reimbursement at fiscal year end (September 30`h) 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. 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. The Office of Management & Budget has summary forms available. 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. The County reserves the right to decline reimbursement for any expense as deemed necessary " — EXHIBIT B - 93 EXHIBIT C 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: Brad E. Bernauer, Director Indian River County Human Services 180027 TH Street Vero Beach, Florida 32960-3365 Recipient: 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 - EXHIBIT C - 94 FUNDING FOCUS AREAS OF NEED 2016-17 Introduction: The 2014 IRC Children's Needs Assessment has provided valuable information to help guide the Child Services Advisory Committee (CSAC). The following outlines what will be considered for all grant requests. Larger Picture The community must start taking a long-term view focusing 15-25 years out. We have a cycle of poverty in IRC that has been increasing and needs to be broken. Interventions should start as early as possible in a child's life in order to have the greatest impact. IRC agencies should use best practices. a. Evidence based with measurable outcomes over time b. Cost effective/efficient c. Skilled executive, program, and board leadership d. Strong fiscal management e. Opportunity for broad impact (replicable, scalable, leveragable) Focus should be on the pockets of poverty. Given that IRC poverty is in geographically disbursed pockets and that we have unique transportation problems, we must always keep in mind that services need to be available where and when people need and can access them. We must utilize the best mediums to clearly communicate what, when and where these services are available Collaboration in the community is essential and can help optimize human and financial resources, expose and eliminate overlap. The'consideration's highlighted above have precedence over the actual CSAC Focus Areas listed below. 2016-17 CSAC Focus Areas (ranked in order by the AdvisoKy Team at the completion of the Needs Assessment process.) 1. Early Childhood Development This encompasses birth to age 5. For the younger children this would mean improving the interactions they have beginning at birth with their caregivers. It would include improving the quality (and transparency of relative quality) at childcare, PreK and Voluntary PreK providers as well as improving financial accessibility to by leveraging available federal and state funds. Why: Research shows that the period 0-5 is the most important time for brain development and cognitive and emotional skills can be significantly impacted. 95 2. Build Parent Capacity This encompasses improving parenting skills at every age of a child's life and providing support mechanisms for parents. A priority would be new parents in particular first time and single parents and those in the poverty pockets. Why: A parent is a child's first and most important teacher. We need to equip parents to be the good parents that they all want to be. 3. Out of school recreational activities and enrichment programs They need to be free/affordable and accessible (transportation) to parents and children. Where possible, they should include a literacy/tutoring component. Mentoring programs are included. There is a large gap of programs for children 12+. Why: Children need to develop positive out of school outlets that keep them engaged in school, promote their health and provide connections (to sports/hobbies, a person or group, etc). There is a wealth of data supporting extended day and extended year. 4. Middle and High School programs that address risky behavior It appears that the LifeSkills class in middle school has had a positive impact. We need to investigate how programs like this can be continued into high school as well as include d::-inquent behavior, teen pregnancy, STDs, bullying etc. Why: There is a lot of at risk behavior and we need to ensure that it is addressed early and repeatedly. 1I 96 a:V-N CONSENT INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM ��oRt°r Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Michael Redstone, Recreation Manager Date: March 3, 2016 Subject: Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event to be held May 14, 2016. DESCRIPTION AND CONDITIONS: The Indian River County Bar Association ("User Group") has requested use of Holman Stadium at the Historic Dodgertown for a fundraising / charity event. The Indian River County Bar Association is a 501(c) (6) non-profit organization. This non-profit organization will conduct the event for the benefit of the United Way which is a 501(c) (3) organization. The event is scheduled to be held May 14, 2016, 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 ten days annually, exclusive of the "Harvest Festival". 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 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 based upon the fact that their proceeds will benefit numerous local charities of Indian River County and their non-profit status. The User Group will employ Historic Dodgertown to conduct beer and wine sales at the event in accordance with state and local law. Historic Dodgertown 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 on file in the Board of County Commission office and has been reviewed and approved for legal sufficiency by the County Attorney's office. FUNDING: No funding is required under this Agreement. C•\Users\jkrebs\Desktop\BCC Agenda Memorandum IRC Bar Association 2016 Zito.Jill.doc 97 RECOMMENDATION: Staff recommends that the Board approve the Holman Stadium Use Agreement with the requested waiver of the standard security deposit; and authorize the Chairman to sign. ATTACHMENTS: Letter of Request from "The Indian River County Bar Association." DOCUMENTS ON FILE: Indian River County Holman Stadium Use Agreement Exhibit 1, Indian River County Holman Stadium Use Guidelines Exhibit 2, Insurance Requirements Attachment 1, Section 6.04 of Agreement between Indian River County and VeroTown, LLC 501(c)(3) DISTRIBUTION: Craig Callan, Historic Dodgertown Approved Agenda V207. ".16OW N Joseph A. Baird County Administrator Indian River County Approved Date Administration County Attorney Budget Department ` Risk Management 01-07- C-\Users\jkrebs\Desktop\BCC Agenda Memorandum IRC Bar Association 2016 Zito.jill.doc 98 Ijt.11'FR 1y ,1 ?�Ji\l,i �, '�1�. .•` {i��i .`! �.�. { EI il� OFFICERS Enn Grail, President William DeBraal, President Elect Jason Odom, Treasurer Michelle Servos. Secretary Tom Tierney, Immediate Past President March 07, 2016 Indian River County Administration 1801 27th Street Vero Beach, FL 32960 RE: Holman Stadium Dear Sir or Madam: DIRECTORS Bobby Guttridge Paul Amos Cynthia VanDeVoorde Hall Jeffrey Battista Michael K!ssner Please be advised that the Indian River County Bar Association requests to reserve Holman stadium on May 14, 2016, at 10':00am. We will be holding the annual Sawbones vs. Jawbones softball game to benefit our outreach initiatives. We anticipate approximately 500-1000 attendees. Please contact (772) 569-0000 should you have any questions. Thank you. Best personal regards, GRALL LAW GROUP By: Erin K. Grall IRC Bar Association President EKG:ral 99 Indian River County Holman Stadium Use Agreement This Holman Stadium Use Agreement ("Agreement") is made this day of 2016, 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, 7555 20th Street, Vero Beach, Florida 32966 ("User Group"). BACKGROUND RECITALS A. The User Group has requested the use of Holman Stadium facilities (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 14th, 2016. The terms and duration of this Agreement will include all setup and clean up time. 2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event will be between 1,000 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 coverage's 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. In the event that the User Group elects to use 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 additio^, all costs for utilities and 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. 100 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 commissioners, officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and Verotown, LLC, their respective owners, shareholders, 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. 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 2 101 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 Manager. 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, Assistant County Administrator 1801 27th Street, Vero Beach, FL 32960-3398 As to the User Group: The Indian River County Bar Association, Inc. c/o Grall Law Group 7555 20th Street Vero Beach, FL 32966 102 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, INC. By: Erin Grall Member, Board of Directors INDIAN RIVER COUNTY, FLORIDA: By: Bob Solari, Chairman BCC Approved: Approved as to form and I al -sufficiency: C my Attorney APPROVAL BY VEROTOWN, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY PROVISIONS VEROTOWN-, LLC ' By: Craig B. Calla �, Vice President Historic�sodgertown "D 4 103 EXHIBIT 1 Indian River County Holman Stadium Use Guidelines 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. Securi : 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 contract directly or reimburse Verotown for the cost of security personnel provided by 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 104 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. Verotown may consent to allow the User Group to procure the aforementioned services directly. 'A .r,��..�....�.�...,���T,a :��:�,z�s_T:n�r,:r_.�ra�rt�rs�:r_rJ•r r2M M. - - --- "MIN -'Ir JM -- - -WON H. Facility Preparation and Cleanup: Verotown is responsible for all costs associated with the Stadium cleanup. User Group is responsible for 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. 105 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 either be provided directly by Verotown LLC or 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. 106 L. Fiscal Reports: Fiscal Reports shall not be required to be submitted to the County, provided however, that within thirty (30) business days of the event, the User Group shall provide to the County proof of its status as a bone fide non-profit corporation under Section 501(c)(3) of the Internal Revenue Code. 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 Verotown, LLC. 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. 4 107 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, independent contractors, and host liquor liability. 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. 108 ATTACHMENT 1 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 erid on the First April 30th following the Effective Date 1 109 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 7, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator THROUGH: Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Adoption of Revised Purchasing Manual BACKGROUND: The current Purchasing Manual (Policies and Procedures) was prepared on behalf of the County Administrator pursuant to the provisions of Section 105.06 of the Code of Ordinances of Indian River County, effective October 2, 2012, with several revisions approved since that time, as indicated on the record of changes (page iii). A few necessary revisions have recently been identified and are addressed in this revision to the Manual. The following pages show in redline the proposed changes to the Manual's text, and the revised Manual is also attached in its entirety. The changes include: • Clarification of Insurance Requirements • Addition of a statement that the County will comply with all federal laws and regulations for Federally -funded projects, at the recommendation of our CDBG consultant • Addition of a cone of silence policy • Addition of cooperatives as specific listed entities whose contracts the County may utilize for Piggybacking purposes • Clarification of the emergency PO request process • Clarification of bid receipt, indicating bids offered after the due date will not be accepted • Correction of typo in reference verification paragraph • Clarification of the tie bid procedure, eliminating local office as a factor to avoid potential conflict with F.S. 255.0991 This item is being presented for informational purposes. If no further action is undertaken by the Board of County Commissioners, the County Administrator shall approve the revised Manual. 110 CONSENT AGENDA RECOMMENDATION Staff recommends the Board note their concurrence with the proposed changes to the manual. ATTACHMENTS: Proposed Changes to Purchasing Manual Proposed Revised Purchasing Manual By: rxcVk L97_1ii4LTAA kph A (Baird, County Administrator /�1��n 111 0 U re, !,Um,&A Qe&� ''MrO MI E a U, 4 V W1 WO MONVANNAN 111 specifically provided within a grant or funding agreement approved by the Board, or by applicable state or federal law. 3. Dependent Special Districts. This manual shall apply to procurement transactions solicited or entered into by the County on behalf of dependent special districts. 4. Revisions. The Purchasing Manager shall review this manual on an annual basis to determine if revisions are needed. Revisions may be made at the direction of the County Administrator upon recommendation of the Purchasing Manager. Any substantial and material revisions shall be approved by the Board. D. Waiver of Requirements of the Manual. The Board may waive the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. E. Waiver of Technicalities and Irregularities. The Board may waive any technicalities or irregularities relating to compliance with the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. F. Limited Authority of the Purchasing Manager. The Purchasing Manager shall be authorized to procure commodities and services up to $25,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the Purchasing Manager to exercise such authority. G. Limited Authority of the County Administrator. The County Administrator shall be authorized to procure commodities and services up to $50,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the County Administrator to exercise such authority. The County Administrator is authorized to procure planning or study activity services obtained pursuant to the Consultants' Competitive Negotiation Act, F.S. 287.055 up to $25,000. H. Indemnification. All contracts for services or public works projects (other than construction contracts), and any other contracts deemed necessary by the County Administrator or the Board, shall provide that the contractor or vendor shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. CONSTRUCTION CONTRACTS SHALL INCLUDE THE INDEMNIFICATION PROVISION SET FORTH IN SECTION 4.4 BELOW. I. Insurance Requirements. ^ by the Co ^t•• dF1A S*"*^ the A-0-aFd, ontracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve N 112 the insurance requirements contained in the bid documents. Upon award, the Risk Management Division shall review certificates of insurance, approving those which comply with the requirements of the bid documents. Non -approved certificates of insurance shall be returned to the Purchasing Division with a statement of the reasons for non -approval and instructions on how the certificate may be corrected. Insurance requirements shall be met prior to final execution of the contract by the Chairman of the Board, or the County Administrator or the Purchasing Manager. The Originating Department, Purchasing Division and the Risk Management Division shall not allow any contract to continue without proper insurance in effect. Work to be authorized by purchase order must also meet the insurance requirements dictated by the Administrative Policy and Risk Management. J. Bid Bond. A bid bond or alternative bid security must accompany each bid exceeding $25,000, unless such requirement is waived by the County. A bid bond must be properly executed by the bidder and by a qualified surety. Alternative bid security must be in the form of a certified check or cashier's check issued by a bank authorized to do business in the State of Florida. The bid bond or security shall be in the amount of not less than five percent (5%) of the total amount of the bid, and shall be payable to the Indian River County Board of County Commissioners. Any failure or refusal by the bidder to honor the bid after opening shall be deemed to be a breach of the bidder's obligations. In such event, the bid bond or security shall be immediately payable to the County as liquidated damages, and not as a penalty. Failure to supply the required bid bond or security at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the bid requirements. K. Sole Discretion. Any decision, waiver, exercise of judgment or interpretation required or permitted by this manual, or the application of this manual, by the County or any County official shall be deemed to be made in the sole and absolute discretion of the County or the official, and shall be final and binding upon all affected parties. L. Contract Renewal or Extension. Renewal or extension of any contract shall be at the sole discretion of the County. No supplier of commodities or services shall have a legal right to renewal or extension of any contract. M. Contracts or Purchase Orders Entered into in Violation of this Manual. Any contract, purchase order or other commitment entered into by a County employee or department in violation of this manual shall be null and void; provided, however, that the Board may waive the requirements of this manual, or any technicalities or irregularities relating to compliance with the requirements of this manual, when it is in the best interests of the County to do so. N. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act. Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the 3 113 Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. O. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. P. Projects Involving Federal Funding. When a procurement involves federal assistance or the expenditure of federal funds the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations including 2 C.F.R. §200.318 through 326. Q. Cone of Silence. Potential bidders/respondents shall not communicate in any way with the Board of Commissioners. County Administrator or any County staff other than Purchasing personnel from the time of bid advertisement through and including bid award Such communication may result in disqualification. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial loss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, -the Purchasing Manager (for purchases up to $25,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be 2 114 B. This is the only known brand reasonably capable of fulfilling the specific needs of the County C. The required commodities or services are sold only through an authorized dealer that serves Indian River County and no other dealer or distributor may sell within this geographical area. To verify the vendor/manufacturer's statement, the Purchasing Division may post a notice on Demandstar or similar service, declaring the County's intent to award a sole source purchase and enabling other vendors to challenge that designation. This notification ensures due diligence has been taken in determining sole source/sole brand status. 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") A. Authority to Enter into Pig_eyback Contracts. As an alternative to any competitive selection process required by this manual, commodities and services may also be procured through: (1) the use of cooperative purchasing methods utilizing purchase agreements entered into by other governmental or public entities (local, state, federal, public educational, cooperatives, etc) following a valid competitive selection process, or (2) directly from vendors holding a current U.S. General Services Administration contract. The County shall have the authority to enter into a piggyback contract if both the vendor and the public procurement unit agree and the procurement transaction was entered into following a valid competitive selection process. Piggyback purchases shall be allowed without limit for any commodity or service that is included in the current year budget. For items not included in the current year budget, such piggyback purchases shall be approved by the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000), or the Board (up to and in excess of $50,000). B. Authority to Sponsor, etc Cooperative Purchasing Agreements. The Purchasing Division may sponsor, conduct, administer or participate in cooperative purchasing agreements for the procurement of any commodities or services with one or more other public procurement units. Such cooperative purchasing may include but is not limited to joint or multiple party contracts which are made available to other public procurement units. C. Contract Controversies. Any controversies concerning the award or processing of a contract which has been entered into on a cooperative basis shall be resolved under the terms of the original public contract, except as modified by the piggyback contract. 3.4 EMERGENCY PROCUREMENTS When an emergency exists, the Originating Department shall contact the Purchasing Division and provide adequate justification for making an emergency procurement. Any emergency procurement exceeding the $25,000 award authority of the Purchasing Manager shall require the approval of the County Administrator or the Board, along with a written account of the emergency circumstances from the Director of the Originating Department. 11 115 If an emergency is confirmed, the Purchasing Division shall enter a requisition in MUNIS and assign an emergency purchase order number. The Originating Department may be 'eclwiFed to eRte Mer,.shall provide a written request including the justification for the emergency, proposed vendor, estimated dollar amount of the procurement and funding account to facilitate the entry of the requisition and assignment of the emergency purchase order number. The Originating Department shall make the purchase of the necessary commodities or services and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall prepare an emergency memorandum and deliver it to the Purchasing Division on the next working day. In an emergency, contracts for purchase of parts or repairs to then -existing county equipment or machinery may be purchased or contracted by the County Administrator, provided the County Administrator certifies that an emergency exists, and routes a copy of the purchase order or contract to the Board for its review with a memorandum describing the emergency. Any request to the Purchasing Manager for an emergency purchase order number prior to complying with the requisition procedures outlined above shall be denied, unless the Purchasing Manager decides that a bona fide emergency does in fact exist. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $25,000) or after approval by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 3.6 BLANKET PURCHASE ORDERS A. Authority. A blanket purchase order may be issued for up to $25,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is not practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $1,000. Blanket purchase orders issued as a result of a bid or 12 116 �g VES Q' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated March 15, 2016 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $25,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $50,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. The Originating Department shall enter an electronic requisition in MUNIS for approval by the Office of Management and Budget for availability of funds. The requisition shall include a description of the commodity or service. Upon receipt of the approved requisition, the Purchasing Division shall contact the Originating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure that the specifications do not unduly restrict open and free competition, and do promote standardization of commodities. C. Public Notice. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record by the Originating Department, the consultant or DemandStar (or similar provider), as applicable. A copy shall be provided to the Purchasing Division for its records. E. Bid Opening. 1. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. 14 117 F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. I. Verification and References. Prior to award, the Purchasing Division shall reference the low bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. Provided references provided shall be verified at the discretion of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder as -is responsible. J. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. 15 118 b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such other time period specified in the bid documents. 4.3 AWARD A. Award Authority. A bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $25,000 may be awarded by the Purchasing Manager; awards not exceeding $50,000 may be awarded by the County Administrator; and, awards exceeding $50,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to the next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. B. Tie Bids. If two or more bidders are tied after review by the Originating Department, in accordance with section 287.087 of the Florida Statutes, preference shall be given to the bidder with a Drug Free Workplace Program. In cases where a tie still exists, at least we the Board shall award to the bidder identified as the most responsible bidder based upon any other relevant factors. If a tie still exists the winning bidder shall be determined by coin flip. The bidder whose response was received first (as indicated on the Purchasing receipt time stamp and associated log) shall be assigned "tails". If r-neAsid-effatien C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. D. Cancellation after Award. The Board may cancel a bid award at any time prior to execution of the contract by all parties, including the County. 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A. Bid Package Preparation. 1. For In -House Projects. For projects managed in-house, the Originating Department shall provide all necessary specifications to the Purchasing Division for 16 119 Purchasing Manual g1V E1� E1 �o\ ORVO-! Indian River County Board of County Commissioners Purchasing Division 180027 th Street Vero Beach, FL 32960 (772) 226-1416 Purchasing@ircgov.com 120 TABLE OF CONTENTS 1. GENERAL INFORMATION......................................................................................................... 1 1.1 INTRODUCTION.............................................................................................................. 1 1.2 PURCHASING OVERVIEW................................................................................................ 1 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION .................................................. 1 1.4 PURCHASING DEFINITIONS............................................................................................. 4 1.5 AUTHORITY OF THE PURCHASING MANAGER................................................................ 6 2. REQUISITION GUIDELINES....................................................................................................... 7 2.1 AUTHORITY..................................................................................................................... 7 2.2 PURCHASE REQUISITIONS.............................................................................................. 7 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD .................................. 7 2.4 NEW VENDORS............................................................................................................... 7 2.5 PURCHASE REQUISITION/ORDER EXEMPTIONS............................................................. 8 2.6 COUNTY PURCHASING CARD.......................................................................................... 9 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION...................................................... 10 3.1 BELOW THE MANDATORY BID THRESHOLD................................................................. 10 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT....................................................... 10 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING")........................................................................................................ 11 3.4 EMERGENCY PROCUREMENTS..................................................................................... 11 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS ...................... 12 3.6 BLANKET PURCHASE ORDERS....................................................................................... 12 4. COMPETETIVE SELECTION - BIDS.......................................................................................... 14 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD....................................................... 14 121 4.2 BIDDING PROCEDURES................................................................................................. 14 4.3 AWARD......................................................................................................................... 16 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS16 4.5 WORK ORDERS/AUTHORIZATIONS............................................................................... 19 4.6 CHANGE ORDERS.......................................................................................................... 19 5. COMPETITIVE SELECTION — RFP/RFQ.................................................................................... 21 5.1 REQUEST FOR PROPOSAL (RFP).................................................................................... 21 5.2 REQUEST FOR QUALIFICATIONS(RFQ)......................................................................... 22 6. SUMMARY OF PROCUREMENT.............................................................................................. 25 7. PROTEST PROCEDURE............................................................................................................ 26 7.1 RESOLUTION OF PROTESTS.......................................................................................... 26 8. EXCESS/SURPLUS ASSET DISPOSITION.................................................................................. 27 Record of Changes Approved by the Board of County Commissioners, Current Version Effective October 2, 2012. Revised November 19, 2012, January 9, 2013, February 11, 2014, October 14, 2014, December 8, 2015 Current Revision Approved March 15, 2016 Approved 122 1. GENERAL INFORMATION 1.1 INTRODUCTION The purpose of this manual is to set forth and implement policies and procedures governing the procurement of commodities and services. It is strongly recommended that all personnel charged with responsibility for procuring commodities and services become thoroughly familiar with the policies and procedures set forth herein. 1.2 PURCHASING OVERVIEW Procurement is regulated by this manual, the Indian River County Code and, to the extent applicable, state and federal statutes. The Board of County Commissioners (Board) has delegated limited authority to procure commodities and services to the Purchasing Manager and the County Administrator. Any procurement in excess of the authority of the County Administrator shall be approved by the Board. The County Attorney shall serve as legal counsel and provide legal services with respect to procurement matters. 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION A. Authority. Pursuant to chapter 105 of the Indian River County Code of Ordinances, the policies and procedures set forth herein have been promulgated by the County Administrator, and approved by the Board. B. Short Title. These policies and procedures shall be known and may be cited as the "Indian River County Purchasing Manual." C. Application of This Manual. 1. General Application. This manual shall apply only to procurement transactions solicited or entered into after the effective date of the manual. 2. Application to Procurement. This manual shall apply to all procurement transactions by the County, irrespective of the source of funds. The use of state or federal grants or funds shall not exempt compliance with the requirements of this manual, unless 123 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 4 'Z Purchasing Policies and Procedures Manual Updated March 15, 2016 1. GENERAL INFORMATION 1.1 INTRODUCTION The purpose of this manual is to set forth and implement policies and procedures governing the procurement of commodities and services. It is strongly recommended that all personnel charged with responsibility for procuring commodities and services become thoroughly familiar with the policies and procedures set forth herein. 1.2 PURCHASING OVERVIEW Procurement is regulated by this manual, the Indian River County Code and, to the extent applicable, state and federal statutes. The Board of County Commissioners (Board) has delegated limited authority to procure commodities and services to the Purchasing Manager and the County Administrator. Any procurement in excess of the authority of the County Administrator shall be approved by the Board. The County Attorney shall serve as legal counsel and provide legal services with respect to procurement matters. 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION A. Authority. Pursuant to chapter 105 of the Indian River County Code of Ordinances, the policies and procedures set forth herein have been promulgated by the County Administrator, and approved by the Board. B. Short Title. These policies and procedures shall be known and may be cited as the "Indian River County Purchasing Manual." C. Application of This Manual. 1. General Application. This manual shall apply only to procurement transactions solicited or entered into after the effective date of the manual. 2. Application to Procurement. This manual shall apply to all procurement transactions by the County, irrespective of the source of funds. The use of state or federal grants or funds shall not exempt compliance with the requirements of this manual, unless 123 specifically provided within a grant or funding agreement approved by the Board, or by applicable state or federal law. 3. Dependent Special Districts. This manual shall apply to procurement transactions solicited or entered into by the County on behalf of dependent special districts. 4. Revisions. The Purchasing Manager shall review this manual on an annual basis to determine if revisions are needed. Revisions may be made at the direction of the County Administrator upon recommendation of the Purchasing Manager. Any substantial and material revisions shall be approved by the Board. D. Waiver of Requirements of the Manual. The Board may waive the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. E. Waiver of Technicalities and Irregularities. The Board may waive any technicalities or irregularities relating to compliance with the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. F. Limited Authority of the Purchasing Manager. The Purchasing Manager shall be authorized to procure commodities and services up to $25,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the Purchasing Manager to exercise such authority. G. Limited Authority of the County Administrator. The County Administrator shall be authorized to procure commodities and services up to $50,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the County Administrator to exercise such authority. The County Administrator is authorized to procure planning or study activity services obtained pursuant to the Consultants' Competitive Negotiation Act, F.S. 287.055 up to $25,000. H. Indemnification. All contracts for services or public works projects (other than construction contracts), and any other contracts deemed necessary by the County Administrator or the Board, shall provide that the contractor or vendor shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. CONSTRUCTION CONTRACTS SHALL INCLUDE THE INDEMNIFICATION PROVISION SET FORTH IN SECTION 4.4 BELOW. I. Insurance Requirements. Contracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve the insurance requirements contained in the bid documents. Upon award, the Risk E 124 Management Division shall review certificates of insurance, approving those which comply with the requirements of the bid documents. Non -approved certificates of insurance shall be returned to the Purchasing Division with a statement of the reasons for non -approval and instructions on how the certificate may be corrected. Insurance requirements shall be met prior to final execution of the contract by the Chairman of the Board, or the County Administrator or the Purchasing Manager. The Originating Department, Purchasing Division and the Risk Management Division shall not allow any contract to continue without proper insurance in effect. Work to be authorized by purchase order must also meet the insurance requirements dictated by the Administrative Policy and Risk Management. J. Bid Bond. A bid bond or alternative bid security must accompany each bid exceeding $25,000, unless such requirement is waived by the County. A bid bond must be properly executed by the bidder and by a qualified surety. Alternative bid security must be in the form of a certified check or cashier's check issued by a bank authorized to do business in the State of Florida. The bid bond or security shall be in the amount of not less than five percent (5%) of the total amount of the bid, and shall be payable to the Indian River County Board of County Commissioners. Any failure or refusal by the bidder to honor the bid after opening shall be deemed to be a breach of the bidder's obligations. In such event, the bid bond or security shall be immediately payable to the County as liquidated damages, and not as a penalty. Failure to supply the required bid bond or security at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the bid requirements. K. Sole Discretion. Any decision, waiver, exercise of judgment or interpretation required or permitted by this manual, or the application of this manual, by the County or any County official shall be deemed to be made in the sole and absolute discretion of the County or the official, and shall be final and binding upon all affected parties. L. Contract Renewal or Extension. Renewal or extension of any contract shall be at the sole discretion of the County. No supplier of commodities or services shall have a legal right to renewal or extension of any contract. M. Contracts or Purchase Orders Entered into in Violation of this Manual. Any contract, purchase order or other commitment entered into by a County employee or department in violation of this manual shall be null and void; provided, however, that the Board may waive the requirements of this manual, or any technicalities or irregularities relating to compliance with the requirements of this manual, when it is in the best interests of the County to do so. N. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act. Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other 3 125 applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. 0. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. P. Proiects Involving Federal Funding. When a procurement involves federal assistance or the expenditure of federal funds, the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations, including 2 C.F.R. §200.318 through 326. Q. Cone of Silence. Potential bidders/respondents shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel from the time of bid advertisement through and including bid award. Such communication may result in disqualification. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial loss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $25,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a,best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. 4 126 MANDATORY BID THRESHOLD — The mandatory bid threshold shall be $25,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $50,000, without competitive selection, unless otherwise required by applicable law. OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT — The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation of input from interested parties for an upcoming solicitation. This procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. REQUEST FOR PROPOSAL (RFP) — A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (RFQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. 5 127 SOLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the County to be immaterial to the substantive terms and conditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. 1.5 AUTHORITY OF THE PURCHASING MANAGER A. Line of Authority. The Purchasing Division is part of the Office of Management and Budget. The Purchasing Manager is directly responsible to the Director of the Office of Management and Budget. Except as otherwise provided in this manual, the Purchasing Manager shall procure or oversee the procurement of all commodities and services for the Board. B. Principal Procurement Officer of the County. The Purchasing Manager shall be the principal procurement officer of the County. C. Operational Procedures. The Purchasing Manager may procedures covering the internal functions of the Purchasing Division powers, and authority vested in him to other Purchasing Division staff. 6 adopt operational and delegate rights, 128 2. REQUISITION GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager or County Administrator's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software system. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Without this information, the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $1,000 and $4,999 shall include three quotes indicating the vendor, a contact name, telephone number, and price. Purchase requisitions for items valued between $5,000 and $25,000 shall include copies of the written quotations received from each of a minimum of three vendors. If the Originating Department does not have the ability to attach written quotes to MUNIS, the quotes may be forwarded to the Purchasing Division to be scanned and attached. Upon request, the Purchasing Manager may obtain quotes for specific commodities. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 NEW VENDORS When a new vendor is selected and not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the 129 BOARD OF COUNTY COMMISSIONERS ��l1VEJ� INDIAN RIVER COUNTY, FLORIDA o z r LORI Purchasing Policies and Procedures Manual Updated March 15, 2016 2. REQUISITION GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager or County Administrator's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software system. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Without this information, the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $1,000 and $4,999 shall include three quotes indicating the vendor, a contact name, telephone number, and price. Purchase requisitions for items valued between $5,000 and $25,000 shall include copies of the written quotations received from each of a minimum of three vendors. If the Originating Department does not have the ability to attach written quotes to MUNIS, the quotes may be forwarded to the Purchasing Division to be scanned and attached. Upon request, the Purchasing Manager may obtain quotes for specific commodities. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 NEW VENDORS When a new vendor is selected and not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the 129 Circuit Court, who shall enter the vendor information into its records and issue a vendor number which shall be emailed to the Originating Department. 2.5 PURCHASE REQUISITION/ORDER EXEMPTIONS The following expenditures do not require a purchase requisition or a purchase order: 1. Salaries, by position, which were included in the department's annual budget 2'. Travel expenses incurred in the course of official duties for a County employee be it in -county, out -of -county, in-state or out-of-state travel requests 3. Routine overhead such as: water, sewer, natural gas, electrical, telephone and garbage fees 4. Postage and postage meter rentals: does not include mailing or stuffing service 5. Subscriptions, subscription renewals and books (with the exception of book orders for libraries) 6. Hospital bills and nursing home bills 7. Medical claims, workers' compensation claims, and liability claims as paid from the County's self-insurance funds 8. After school programs, including salaries for teachers, referees, umpires and swim instructors, and food expenses 9. Railroad crossing signal maintenance 10. Legal services 11. Newspaper advertisement magazine/agency advertisements 12. Notary public applications 13. Welfare services indigent care (food vouchers, prescriptions) 14. Medical services 15. Surplus equipment and services from other local, state or federal agencies 16. Application for permits 17. Registration and licensing fees 18. College tuition and/or educational fee and training fees 19. Membership dues 20. Instructor fees (Up to $3,000 per training event) 21. Title searches/title insurance 22. Expert witness fees and/or services; also includes travel in accordance with Florida statutes 23. Court orders 24. Landfill fees 25. Overnight express mail service 26. Payment of fuel credit cards 27. Rubber stamps 28. Employee business cards a 119111 29. Reimbursement to County employees for the purchase of items intended for County use 2.6 COUNTY PURCHASING CARD The use of a County purchasing card is an encouraged and valid method of procurement in lieu of a purchase requisition, provided the purchase is in accordance with the Purchasing Card Policy as approved by the Board of County Commissioners. 131 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection; however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase less than $25,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation in the MUNIS requisition file. A sole source or sole brand purchase up to $50,000 may be approved by the County Administrator. Any request in excess of $50,000, shall be forwarded to the Purchasing Division for submission to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida Statute 255.04, which generally provides that the County may not specify the use of materials or systems by a sole source, unless the Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. io 132 BOARD OF COUNTY COMMISSIONERS ��tVE�P INDIAN RIVER COUNTY, FLORIDA l-ORt Purchasing Policies and Procedures Manual Updated March 15, 2016 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection; however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase less than $25,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation in the MUNIS requisition file. A sole source or sole brand purchase up to $50,000 may be approved by the County Administrator. Any request in excess of $50,000, shall be forwarded to the Purchasing Division for submission to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida Statute 255.04, which generally provides that the County may not specify the use of materials or systems by a sole source, unless the Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. io 132 B. This is the only known brand reasonably capable of fulfilling the specific needs of the County C. The required commodities or services are sold only through an authorized dealer that serves Indian River County and no other dealer or distributor may sell within this geographical area. To verify the vendor/manufacturer's statement, the Purchasing Division may post a notice on Demandstar or similar service, declaring the County's intent to award a sole source purchase and enabling other vendors to challenge that designation. This notification ensures due diligence has been taken in determining sole source/sole brand status. 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") A. Authority to Enter into Piggyback Contracts. As an alternative to any competitive selection process required by this manual, commodities and services may also be procured through: (1) the use of cooperative purchasing methods utilizing purchase agreements entered into by other governmental or public entities (local, state, federal, public educational, cooperatives, etc) following a valid competitive selection process, or (2) directly from vendors holding a current U.S. General Services Administration contract. The County shall have the authority to enter into a piggyback contract if both the vendor and the public procurement unit agree and the procurement transaction was entered into following a valid competitive selection process. Piggyback purchases shall be allowed without limit for any commodity or service that is included in the current year budget. For items not included in the current year budget, such piggyback purchases shall be approved by the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000), or the Board (up to and in excess of $50,000). B. Authority to Sponsor, etc Cooperative Purchasing Agreements. The Purchasing Division may sponsor, conduct, administer or participate in cooperative purchasing agreements for the procurement of any commodities or services with one or more other public procurement units. Such cooperative purchasing may include but is not limited to joint or multiple party contracts which are made available to other public procurement units. C. Contract Controversies. Any controversies concerning the award or processing of a contract which has been entered into on a cooperative basis shall be resolved under the terms of the original public contract, except as modified by the piggyback contract. 3.4 EMERGENCY PROCUREMENTS When an emergency exists, the Originating Department shall contact the Purchasing Division and provide adequate justification for making an emergency procurement. Any emergency procurement exceeding the $25,000 award authority of the Purchasing Manager shall require the approval of the County Administrator or the Board, along with a written account of the emergency circumstances from the Director of the Originating Department. 11 133 If an emergency is confirmed, the Purchasing Division shall enter a requisition in MUNIS and assign an emergency purchase order number. The Originating Department shall provide a written request including the justification for the emergency, proposed vendor, estimated dollar amount of the procurement and funding account to facilitate the entry of the requisition and assignment of the emergency purchase order number. The Originating Department shall make the purchase of the necessary commodities or services and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall prepare an emergency memorandum and deliver it to the Purchasing Division on the next working day. In an emergency, contracts for purchase of parts or repairs to then -existing county equipment or machinery may be purchased or contracted by the County Administrator, provided the County Administrator certifies that an emergency exists, and routes a copy of the purchase order or contract to the Board for its review with a memorandum describing the emergency. Any request to the Purchasing Manager for an emergency purchase order number prior to complying with the requisition procedures outlined above shall be denied, unless the Purchasing Manager decides that a bona fide emergency does in fact exist. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $25,000) or after approval by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 3.6 BLANKET PURCHASE ORDERS A. Authority. A blanket purchase order may be issued for up to $25,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is not practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $1,000. Blanket purchase orders issued as a result of a bid or piggyback contract (entered into in accordance with section 3.3), or otherwise approved by the 12 134 County Administrator (up to $50,000) or the Board (up to or in excess of $50,000), are exempt from the $25,000 limit and the $1,000 single item purchase limit. Blanket purchase orders shall be effective for up to one year, and only for the fiscal year for which it has been issued. B. Requisition. Requests for blanket purchase orders shall be initiated by entry of an electronic requisition into MUNIS indicating the vendor, item description, and amount being requested. Blanket purchase orders shall then be prepared on the standard purchase order form which shall include the following information: 1. Dates the blanket purchase order is to be in effect (i.e., start and end dates). 2. General description of commodities to be purchased. 3. Multiple line items are required where more than one account number is to be used. Each account number requires a separate line. C. Procedure if Initial Purchase Order is Exceeded. After the blanket purchase order is issued to the vendor, the Originating Department is authorized to place orders directly with the vendor using the purchase order number. If the amount of the initial blanket purchase order will be exceeded, the department shall request authority to increase the amount from the Budget Department. If the Budget Department approves the request, the Purchasing Division shall process the change order, up to a maximum total of $25,000 (for purchase orders not associated with a bid, contract, or piggyback, which may exceed the $25,000 threshold). The County Administrator may authorize an increase up to a maximum $50,000 total (on purchase orders not associated with a bid, contract, or piggyback). 13 135 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $25,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $50,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. The Originating Department shall enter an electronic requisition in MUNIS for approval by the Office of Management and Budget for availability of funds. The requisition shall include a description of the commodity or service. Upon receipt of the approved requisition, the Purchasing Division shall contact the Originating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure that the specifications do not unduly restrict open and free competition, and do promote standardization of commodities. C. Public Notice. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record by the Originating Department, the consultant or DemandStar (or similar provider), as applicable. A copy shall be provided to the Purchasing Division for its records. E. Bid Opening. 1. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. 14 136 BOARD OF COUNTY COMMISSIONERS �tl1VE� 1, INDIAN RIVER COUNTY, FLORIDA tier► O � Purchasing Policies and Procedures Manual Updated March 15, 2016 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $25,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $50,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. The Originating Department shall enter an electronic requisition in MUNIS for approval by the Office of Management and Budget for availability of funds. The requisition shall include a description of the commodity or service. Upon receipt of the approved requisition, the Purchasing Division shall contact the Originating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure that the specifications do not unduly restrict open and free competition, and do promote standardization of commodities. C. Public Notice. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record by the Originating Department, the consultant or DemandStar (or similar provider), as applicable. A copy shall be provided to the Purchasing Division for its records. E. Bid Opening. 1. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. 14 136 F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. I. Verification and References. Prior to award, the Purchasing Division shall reference the low bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. Provided references provided shall be verified at the discretion of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder is responsible. J. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. is 137 b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such other time period specified in the bid documents. 4.3 AWARD A. Award Authority. A bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $25,000 may be awarded by the Purchasing Manager; awards not exceeding $50,000 may be awarded by the County Administrator; and, awards exceeding $50,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to the next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. B. Tie Bids. If two or more bidders are tied after review by the Originating Department, in accordance with section 287.087 of the Florida Statutes, preference shall be given to the bidder with a Drug Free Workplace Program. In cases where a tie still exists, the Board shall award to the bidder identified as the most responsible bidder based upon any other relevant factors. If a tie still exists, the winning bidder shall be determined by coin flip. The bidder whose response was received first (as indicated on the Purchasing receipt time stamp and associated log) shall be assigned "tails". C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. D. Cancellation after Award. The Board may cancel a bid award at any time prior to execution of the contract by all parties, including the County. 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A. Bid Package Preparation. 1. For In -House Projects. For projects managed in-house, the Originating Department shall provide all necessary specifications to the Purchasing Division for inclusion in a bid package. A sample contract shall be included in the bid documents if provided by the Originating Department. A complete packet of all bid documents including the original specifications and standardized terms and conditions shall be provided by the 16 138 Originating Department to the County Attorney for approval. A copy of the bid documents indicating approval by the County Attorney shall be forwarded to the Purchasing Division for final review. 2. For Consultant Managed Proiects. For projects managed by a consultant, it is the Originating Department's responsibility to ensure that the Purchasing Division's standard language is included in the bid documents prepared by the consultant, and that the bid documents have the approval of the County Attorney's Office. The consultant shall provide the Purchasing Division with a copy of the specifications and bid documents. A copy of the bid documents indicating approval by the County Attorney shall be forwarded to the Purchasing Division for final review. Public Notice. Bids for a construction or public works project that is projected to cost more than the threshold amounts set forth in Florida Statute 255.0525(2), currently $200,000, shall be advertised in accordance with such statute, which generally requires that (a) solicitations for projects in excess of $200,000 be advertised at least once in a newspaper of general circulation in Indian River County at least 21 days prior to the bid opening date, and at least 5 days prior to any scheduled pre-bid conference, and (b) solicitations for projects in excess of $500,000 be advertised at least once in a newspaper of general circulation in Indian River County at least 30 days prior to the bid opening date, and at least 5 days prior to any scheduled pre-bid conference. B. Recommendation for Award. 1. For In -House Proiects. It is the Purchasing Division's responsibility to review the Originating Department's recommendation and prepare an agenda item for submission to the Board. Should the Originating Department prefer to prepare an Agenda Item due to complexity of the bid, the item shall be routed through the Purchasing Division prior to submission to the Board. If a proposed or sample contract is included in the agenda item, the Originating Department is responsible for routing the proposed contract through the office of the County Attorney. The written recommendation should only request permission for the Board Chairman to execute the contract if the proposed or sample contract is included with the agenda item. A contract must be executed by the other party prior to submission to the Board Chairman to sign. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. 17 139 2. For Consultant -Managed Proiects. The Originating Department shall be responsible for preparation of an agenda item, proper routing for approvals, and presentation to the Board. A complete copy of the agenda item shall be provided to the Purchasing Division for its records. The Purchasing Division may prepare the agenda item at the Originating Department's request, after receipt of a recommendation memo from the Originating Department. The Originating Department is responsible for preparation of a proposed or sample contract and obtaining approval by the office of the County Attorney if it is to be included in the agenda item. The written recommendation in the agenda item shall include a request for authorization for the Board Chairman to execute the contract. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. C. Notice of Award. Upon Board approval, the Purchasing Division shall send out a notice of award to the successful bidder and request submittal of any required certificate(s) of insurance and bond(s). If a proposed or sample contract was included in the agenda item approved by the Board, the Purchasing Division shall also include two (2) copies of the contract to be executed by the vendor which shall be returned with the appropriate certificate(s) of insurance and bond(s). D. Certificates of Insurance/Bond(s). Upon receipt of certificate(s) of insurance, bond(s), and contracts executed by the contractor, the Purchasing Division shall submit the certificate(s) of insurance to the County Risk Manager for approval and the bond(s) to the County Attorney for approval. After approval of the bond(s), the Purchasing Division or the contractor shall record the bond(s) in the public records, if appropriate, and send copies of the bond(s), certificate(s) of insurance and the original executed contracts to the Originating Department. The Originating Department shall be responsible for proper routing and submission of the contracts for the Board Chairman's signature. E. Notice of Award. Public Construction Bond. 1. Public Construction Bond Required on any Construction Contracts Equal to or in Excess of $100,000. A public construction bond shall be required on any construction or public works contract for a project costing $100,000, or more. Such bond shall be provided by a surety company authorized to do business in the State of Florida. An alternative form of security may be provided in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or other form of security permitted 18 140 by Florida Statute 255.05(7), in a form acceptable to the County Attorney and the County Budget Director. 2. Bond Must be Delivered Prior to Issuing Contract Document. If required, a public construction bond or other form of security shall be delivered to the County prior to execution of the contract. All public construction bonds shall be recorded with the Clerk of the Court by the Purchasing Division or the contractor prior to commencement of the project. F. Executed Contract. The Originating Department shall be responsible for returning a fully executed original contract to the vendor and shall prepare and send a notice to proceed to the contractor when appropriate. A copy of the agreement shall also be provided to the Purchasing Division for the Bid folder. G. Forfeiting of Bonds. Default by Contractor. All contracts for construction services shall contain a clause providing for termination upon default of the contractor and providing that in such cases the surety company shall bear responsibility for the completion of the contract, or if no surety company has provided a performance bond, the County may claim the alternative security and use such funds for the completion of the contract. H. Termination for Convenience. All construction contracts shall contain clauses providing for the termination of the contract for convenience of the County, and shall prescribe methods by which the contractor may calculate the cost of work already performed and termination settlement costs. I. Indemnification. All construction contracts shall provide that the contractor (or other appropriate party) shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor (or other appropriate party) and persons employed or utilized by the contractor (or other appropriate party) in the performance of the construction contract. 4.5 WORK ORDERS/AUTHORIZATIONS A. Work Orders/Authorizations for continuing services agreements previously approved by the Board may be executed by the County Administrator, if within his defined authorization limits and if not prohibited within the agreement. 4.6 CHANGE ORDERS A. Applicability. Modifications may be made to an executed contract, which do not substantially alter the character of the work contracted, and which do not vary substantially from the original specifications as to constitute a new undertaking. Such changes must be reasonably 19 141 viewed as being in fulfillment of the original scope of the contract and must be clearly directed to the achievement of a more satisfactory result or to the elimination of work not necessary. B. Purchasing Manager Authority. The Purchasing Manager is authorized to approve change orders to contracts executed under the Purchasing Manager's authority, provided the criteria in paragraph A above are met, and the total value of the contract does not exceed $ 25,000. C. County Administrator Authority. The County Administrator is authorized to approve and authorize change orders which fit the criteria in paragraph A, above, where the net modification in the contract amount does not exceed $5,000, unless contract was initially awarded solely under the Purchasing Manager or County Administrator's authority ($50,000 threshold) and the total value of the contract still does not exceed $50,000. D. All other change orders must be formally approved by the Board. E. Change orders shall not be artificially distributed or divided to avoid the requirement to present the approval to the Board. 4.7 .DIRECT PURCHASE A. In compliance with F.S. 212.08(6) and FAC Rule 12A-1.094, the County may utilize owner direct purchase of materials for Public Works projects to reduce project cost through the elimination of sales tax. 20 142 5. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Evaluation Committee. An evaluation committee shall be appointed by the County Administrator. The Evaluation Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Evaluation Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Evaluation Committee. If the Evaluation Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 21 143 BOARD OF COUNTY ��IVER COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA a z Purchasing Policies and Procedures Manual Updated March 15, 2016 5. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Evaluation Committee. An evaluation committee shall be appointed by the County Administrator. The Evaluation Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Evaluation Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Evaluation Committee. If the Evaluation Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 21 143 substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers. 6. Award of Proposals. The Originating Department shall be responsible for preparing an agenda item submitting the committee's recommendation to the Board for approval. A copy of the agenda item and all supporting documentation shall be provided to the Purchasing Division prior to submission to the Board. The award shall be made to the most responsive and responsible proposer whose proposal is determined to be the most advantageous to the County, based upon the evaluation criteria. 5.2 REQUEST FOR QUALIFICATIONS (RFQ) Certain professional services are required by the Consultants' Competitive Negotiation Act to be procured by the use of a Request for Qualifications (RFQ). An RFQ may also be used to procure professional services not covered by the Consultants' Competitive Negotiation Act. A. RFQ Process. An RFQ is characterized by an invitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. Except as modified by applicable law or this manual, RFQs 'shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in Section 4. B. Evaluation Criteria. The qualifications of each firm responding to an RFQ subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the Act, including, without limitation, the professional ability of personnel; whether the firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and the volume of work previously awarded to each firm by the County, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The qualifications of each firm responding to an RFQ which is not subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the RFQ. C. Evaluation Committee. An evaluation committee shall be appointed by the County Administrator. The Evaluation Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. D. Review of Qualifications. The Evaluation Committee shall review the submittals of all firms responding to the RFQ. If the RFQ is subject to the Consultants' Competitive Negotiations Act, the Evaluation Committee shall select at least three firms (short list) for further discussions. E. Non -Public Proceedings of the Evaluation Committee. If the Evaluation Committee zz 144 (a) meets to discuss negotiation strategies, or (b) meets with any firm responding to the RFQ for the purpose of hearing a presentation, discussions and asking questions, or negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. F. Ranking of Firms. The Evaluation Committee, after any discussions with and/or presentations by each short listed firm, shall vote on the final ranking. The ranking of firms shall indicate the Evaluation Committee's determination of the firms that are most highly qualified to perform the required services. G. Ranking Reported to the Board. The Evaluation Committee's ranking of the firms shall be submitted to the Board through the County Administrator by the Originating Department. Upon final ranking and selection by the Board, the Originating Department shall proceed with negotiations; provided, however, that if the estimated value of the services is $25,000 or less, the Purchasing Manager, in consultation with the Originating Department, may determine final ranking and selection, and if the estimated value of the services is $50,000 or less, the County Administrator, in consultation with the Originating Department, may determine final ranking and selection, H. Negotiations. The Originating Department shall negotiate with the firms in the order and manner set forth in the Consultants Competitive Negotiation Act, which generally requires that the Originating Department first negotiate with the most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the most qualified firm, and shall commence negotiations with the second most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the second most qualified firm, and shall commence negotiations with the third most qualified firm. If the County is unable to negotiate a satisfactory contract with any of the selected firms, the County may select additional firms responding to the RFQ in the order of their competence and qualification and continue negotiations in the same manner until an agreement is reached. I. Award of Contract. At the conclusion of successful negotiations, a contract, approved by the County Attorney, shall be submitted to the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000) or the Board (up to and in excess of $50,000) for approval. A copy of the executed contract shall be transmitted to the Purchasing Division for the permanent file. 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS The ranking of firms in an RFP or RFQ process shall be done in the following manner, unless otherwise specified within the RFP or RFQ: (a) the RFP or RFQ solicitation documents shall list the 23 145 evaluation criteria and assign a maximum number of points available for each criterion. The total maximum number of points available for all criteria shall be 100, (b) each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria, (c) each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1, and (d) the rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. The firm receiving the lowest average ranking (ie., closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. After interviews in an RFQ process (or in an RFP process, if interviews are held), and based upon information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. 24 146 6. SUMMARY OF PROCUREMENT The following is a summary of the above procurement requirements. A. Less than $1,000. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements less than $1000. B. From $1,000 to $4,999.99. Three (3) quotes are required in requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $1000 to $4,999.99. C. From $5,000 to $25,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $5000 to $25,000. D. From $25,000 to $50,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $25,000 to $50,000. F. Over $50,000. The Board must approve all procurements; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. G. Construction Projects Over $100,000. Public construction bond required for construction contracts. 25 147 BOARD OF COUNTY COMMISSIONERS ��l1VER INDIAN RIVER COUNTY, FLORIDA 4 'Z �R Purchasing Policies and Procedures Manual Updated March 15, 2016 6. SUMMARY OF PROCUREMENT The following is a summary of the above procurement requirements. A. Less than $1,000. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements less than $1000. B. From $1,000 to $4,999.99. Three (3) quotes are required in requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $1000 to $4,999.99. C. From $5,000 to $25,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $5000 to $25,000. D. From $25,000 to $50,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $25,000 to $50,000. F. Over $50,000. The Board must approve all procurements; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. G. Construction Projects Over $100,000. Public construction bond required for construction contracts. 25 147 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision to the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 26 148 BOARD OF COUNTY COMMISSIONERS �t11VER INDIAN RIVER COUNTY, FLORIDA 4 � Z, L LORI Purchasing Policies and Procedures Manual Updated March 15, 2016 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision to the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 26 148 8. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets and other items in working condition that may be usable to another department. This list shall be periodically submitted to the Board for approval to declare the assets surplus and to remove the assets from inventory. Once declared surplus by the Board, the Purchasing Division shall transfer or sell the assets through any method consistent with the laws of Florida or applicable County policies. 27 149 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 4 'Z z �LOR1�A Purchasing Policies and Procedures Manual Updated March 15, 2016 8. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets and other items in working condition that may be usable to another department. This list shall be periodically submitted to the Board for approval to declare the assets surplus and to remove the assets from inventory. Once declared surplus by the Board, the Purchasing Division shall transfer or sell the assets through any method consistent with the laws of Florida or applicable County policies. 27 149 RCr INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Development Director FROM: Sasan Rohani, AICP '5; /" Chief, Long -Range Planning DATE: March 3, 2016 Project: Request for Authorization to Advertise for a Request for Qualifications (RFQ) for Housing Inspection Services It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 15, 2016. BACKGROUND Indian River County manages several different affordable housing programs. One major component of those programs is rehabilitation of existing housing units. For each major home rehabilitation project, there is a need for the county to use work write-up and housing inspection services to ensure that bids submitted by contractors for rehabilitation work is necessary, adequately scoped, and reasonably priced. At various times in the past, the county has conducted an RFQ process and qualified multiple inspection services firms. The County last conducted such an RFQ process in 2014, and prior to that conducted an RFQ in 2012. Currently, only one firm is actually bidding on housing inspection jobs. In order to increase competition and ensure availability of services, staff is seeking to qualify more firms through the RFQ process. ANALYSIS: • Housing Rehabilitation Program The State Housing Initiatives Partnership (SHIP) Program assists income eligible households with housing rehabilitation projects. Through the SHIP program, the county assists with 150 emergency rehabilitation such as replacing a failed septic tank, minor rehabilitation such as roof replacements, and major rehabilitation projects which require work write-ups from an inspector. Currently, the SHIP Program handles roughly 10 major rehabilitation projects per year. For major rehabilitation projects, a housing inspector is needed to inspect the house, determine the rehabilitation work activities needed to bring the house up to current code, produce a work write-up, and perform follow-up duties to oversee work performed by the rehabilitation contractor. Prior to 2012, the county used Building Division inspectors to perform rehabilitation project inspection services. For some time, Building Division inspectors performed rehabilitation inspections, with the housing programs reimbursing the Building Division for the inspectors' time. Later, when building activity declined and the County's housing rehabilitation activity increased, one of the Building Division inspectors was assigned to rehabilitation inspection duties full time. Later, however, the situation changed. With the reduction of SHIP funding, it was no longer feasible to have a full time staff rehabilitation inspector. At the same time, staff changes in the Building Division made it necessary for the full time rehabilitation inspector to resume normal Building Division duties. For those reasons, the County, in 2012, issued a Request for Qualifications (RFQ) to solicit the services of several building inspection firms to perform inspection services for SHIP. From the approved group of qualified inspectors, staff requests inspection services price quotes for each major rehabilitation project. The inspection firm with the lowest quote is then chosen to perform the housing inspection services for the project. In response to the 2012 RFQ, the county received and subsequently approved four qualified inspection firms. However, after a short period of time only one of the firms was bidding on the housing inspection services. In response to that single bidder situation, in 2014, the County issued another RFQ. A new firm responded to that RFQ and was approved by the Board of County Commissioners to be added to the list of qualified bidders. Currently, there are only two firms that are approved and permitted to bid on the housing inspection jobs. They are: • My Licensed Roofer, LLC (McAlhany Construction) • Guardian CRM, Inc. Out of those two firms, Guardian CRM, Inc. is the only firm actually bidding on the county jobs. Although Guardian CRM, Inc. adequately performs the necessary inspection services, staff is concerned that there will be no competition for bids and less certainty about availability of services unless more inspection firms are sought and pre -qualified to bid. As a result, staff is requesting that the Board authorize the RFQ process to solicit services of more inspection firms so that the rehabilitation program does not become dependent on the services of only one firm. 2 151 The above two referenced firms have already signed housing inspection services agreements with the county; therefore, those firms do not need to re -apply. The requested RFQ process is intended to simply add a number of qualified inspection firms to the existing list of two approved firms. FUNDING The cost of the referenced inspection services is paid with SHIP funds. No special funding is needed to conduct the RFQ process. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Community Development Director or his designee to coordinate with the Purchasing Division ant the County Attorney's Office to advertise for the housing inspection services RFQ. ATTACHMENT: Excerpt from Draft RFQ # 2016033 document APPROVED AGENDA ITEM IM Indian River Co Ap ed Date Admin 3 /B Legal Budget W14 Department T iG Risk Manager Purchasing F•\Community Development\SHIP\Inspection services -housing programs\2016 BCC Agenda Items\2016-BCC agenda item -for authorization for RFQ for housing inspectors.doc K 152 COUNTY OF INDIAN RIVER, FLORIDA REQUEST FOR QUALIFICATIONS (RFQ) HOUSING PROGRAM INSPECTION SERVICES R.F.Q. # 2016033 ACCEPTANCE TIME/DATE: LOCATION: MANDATORY PRE -SUBMITTAL MEETING: 2:00 p.m., Friday, May 6, 2016 Purchasing Division 1800 27th Street, Building B Vero Beach, Florida 32960 Monday, April 25, 2016 3:00 PM (MUST be signed in by 3:00 p.m. to receive credit for attendance) 1800 271h Street, Room B1-501 Vero Beach, FL 32960 ALL QUESTIONS REGARDING THIS REQUEST FOR QUALIFICATIONS SHOULD BE SUBMITTED IN WRITING TO: Indian River County Purchasing Division — 1800 27th Street Vero Beach, Florida 32960 i°MY Email: purchasing@ircgov.com Phone: (772) 226-1416 ffmf ENT i 153 I. PROJECT Submittals will be received from qualified entities to carry out Indian River County Housing Program Rehabilitation Work Inspection Services. Work includes single family residential property inspection services as a part of Indian River County's housing programs. Qualified building, residential, or structural contractors, as well as entities or individuals having a Department of Business and Professional Regulation (DBPR) License in building or building (structural) inspector categories may respond to this RFQ. The county anticipates prequalifying more than one contractor/building inspector to perform housing program inspection services. For each inspection project, the county will request price quotes from the pre -qualified contractors/building inspectors. The contractor/building inspector with the lowest most responsive and responsible quote will be chosen to perform the housing inspection services for the project. Firms that have a current contract with the county for housing inspection services do not need to re- apply. II. LOCATION: Indian River County, Florida III. PURPOSE OF WORK The County, through its various housing programs, is involved with rehabilitation of single-family homes. For this rehabilitation work, a qualified contractor/building inspector must inspect each house prior to purchase or prior to approval of an owner occupied home rehabilitation loan application to determine if the house is structurally sound and can be rehabilitated. The inspector must then determine the type and amount of rehabilitation work needed, prepare a detailed work write-up and cost estimate of the rehabilitation work that needs to be done, review contractor bids, approve change orders, inspect completed work and prepare punch lists, and verify that the job is complete and that payment to the contractor can be processed. While the number of rehabilitation projects varies, the average is about 10 per year. IV. OVERVIEW Indian River County is an urbanizing county in East Central Florida, encompassing approximately 543 square miles. The 2015 population of the county was 143,326. About 35% of those residents live in one of the county's five municipalities, while the remainder of the residents live in the unincorporated area of the county. Currently, the county has housing programs that involve rehabilitation work activities. Through those programs, the county bids out rehabilitation work, contracts with builders for the work, inspects completed work, and pays contractors' invoices. At this time, the County is requesting qualification packages from properly licensed contractors or building inspectors interested in participating in the County's Housing Programs. The contractor/building inspector must have knowledge of applicable building codes, the physical ability to inspect building sites and climb ladders and/or 2 154 stairs to perform inspections, knowledge of building techniques and building materials, the ability to prepare rehabilitation project work write-ups/bid specifications, the ability to communicate tactfully to contractors, builders, and owners, and the ability to read and understand construction plans. V. SCOPE OF WORK For each rehabilitation project: • The contractor/building inspector visits the house for an initial inspection to inspect all major systems of the identified house (roof, structure, plumbing, electric, HAVC, septic, foundation, etc.) and to determine if the house is structurally sound and if it can be rehabilitated, and to determine generally what needs to be done to rehabilitate the housing unit. • The contractor/building inspector also takes "before" digital pictures and provides those pictures to the county with the initial inspection report. • After receiving notice from the county, the contractor/building inspector performs a detailed inspection, prepares a detailed work write-up (work to be done must meet the county's Local Housing Assistance Plan requirements, as well as requirements of the Minimum Standards for Rehabilitation of Residential Properties, copy attached), prepares a cost estimate, and submits the work write-up and cost estimate to the county staff (a sample work write-up is attached). • The contractor/building inspector is prohibited from providing his or her cost estimate to anyone except county staff prior to bid opening. • The contractor/building inspector conducts a pre-bid walk-thru for rehabilitation contractors interested in bidding on the project. • The contractor/building inspector reviews bids submitted for the project and provides comments to county staff. • The contractor/building inspector reviews and approves any change orders submitted for the project. • After the rehabilitation contractor completes the job, the contractor/building inspector visits the job and prepares a punch list of unfinished items. • When there is a request for payment, the contractor/building inspector inspects the work and determines if the job was done satisfactorily. • The contractor/building inspector will submit a copy of the final inspection and homeowner's acknowledgement that the job has been done satisfactorily. • The contractor/building inspector also takes "after" digital pictures and provides those pictures to the county. • The contractor/building inspector will be the main contact person between the homeowner and the contractor performing rehabilitation work activities. 155 3 V. SELECTION PROCESS AND SCHEDULE A. Anticipated Schedule* Advertise for Statements of Qualifications MANDATORY Pre -Submittal Meeting Submission Deadline Contractor Eligibility Determined * All dates are subject to change April 17, 2016 Monday, April 25, 2016 2:00 PM, Friday, May 6, 2016 May 16, 2016 THE INITIAL SUBMISSION OF INFORMATION MUST BE RECEIVED IN THE PURCHASING DEPARTMENT PRIOR TO 2:00 PM, FRIDAY, May 6, 2016 TO WARRANT CONSIDERATION OF QUALIFICATIONS. SUBMIT ONE ORIGINAL AND FIVE (5) COPIES OF THE INFORMATION REQUIRED IN PARAGRAPH B BELOW. B. C. Information to be Submitted The County may disqualify firms for this submittal and future submittals that do not fully and accurately disclose submission requirements as set forth below. All Submittals received in response to this Request for Qualifications must include the following: 1. Disclosure of Relationships Form, Section 105.08, IRC Code (See APPENDIX A, attached). 2. Fully completed and executed Respondent Information Form (See Appendix B, attached), including all required support documentation. Method of Selection The County shall convene a RFQ Review Committee of which the responsibility shall be as follows: 1. Independently evaluate each Submittal. 2. Independently score each Submittal for meeting minimum qualifications. 156 4 3. As a "committee of the whole", determine each firm's score. The scoring of firms shall be done in the following manner: Each member of the RFQ evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria. The total scores allocated to each firm by all committee members shall then be totaled and divided by the number of committee members, to produce an average score. All firms that score an average of at least 80 points shall be determined qualified to bid on housing inspection projects. After interviews in an RFQ process (if interviews are held), and based upon information learned during the interviews, each committee member may change the number of points assigned to an interviewed firm for one or more criteria, and modify their total score for the firm accordingly. The evaluation process shall continue until the RFQ evaluation committee declares the qualification scores final. 4. The County may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this Request for Qualifications would not be in the public's best interest. 5. The Committee shall forward its recommendations in accordance with the scores to the Indian River County Board of County Commissioners, which -1 shall, at its sole option, authorize negotiations of a contract and fee schedules pursuant to the requirements of Florida law. 6. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. D. Contract Negotiations After the Board has approved the contractor selection, County staff will negotiate an agreement with the firm(s). s 157 E. Selection Criteria Criteria Maximum Points Awarded Cost of performing building inspection services 40 points Having appropriate licensing and certification, and knowledge of Florida Building Code 20 points Previous similar building inspection experience 20 points Familiarity with local conditions and housing programs 10 points Management and staffing 10 points Total Possible Points 100 points rsuiioing inspectors wiTn an average score of 80 or more points are qualified to participate in the Housing Program Inspection Services. VI. DISTRIBUTION OF WORK Based upon the scoring criteria included in this Request for Qualifications package, several contractors/building inspectors will be pre -qualified to perform the inspection services for the county's housing programs. For each contract for inspection services, the county will obtain bids from qualified contractors/inspectors. The county will then issue a work order to the lowest, most responsive and responsible bidder. The successful contractors/building inspectors who enter into a contract with the County, his company, and his relatives may not bid on rehabilitation projects associated with the county's housing program. VII. GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL REQUESTS FOR QUALIFICATIONS A. The Submittal shall be placed in an envelope and properly identified. The Submittal must be received not later than the time specified on the opening date. B Each applicant shall submit one original and five (5) copies of their Submittal to the Manager of the Purchasing Division, as indicated on the cover sheet of the Request for Qualifications. C. Late Submittals will not be opened or considered. D. The Submittal must give firm name and address of responding firm; person signing the Submittal should show title and authority to bind his firm in a contract. Firm name and authorized signature must appear on the Submittal. 158 6 E. The Submittal cannot be altered or amended after opening time. Any alterations made before opening time must be initialed by responding firm's authorized agent. No Submittal can be withdrawn after opening time without approval by the Manager of the Purchasing Division on request. F. Inquiries pertaining to the Request for Qualifications must give request number and opening date. G. No substitutes or cancellations are permitted without written approval by the Manager of the Purchasing Division and/or his representative. H. The County reserves the right to accept or reject all Submittals, or any part of any Submittal, waive minor technicalities, and award the contract to best serve the interest of the County. VIII. INSURANCE REQUIREMENTS The Applicant selected will be required to furnish evidence of insurance(s) to the County as set forth below: A. Workers' Compensation and Employer's Liability Insurance. Statutory requirements for worker's compensation and employer's liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. Business Automobile Insurance. This coverage should include owned, hired and non -owned vehicles at a minimum combined single limit of $200,000 per occurrence. C. General Liability Insurance. Commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $200,000 per occurrence. D. Professional Liability. Professional liability insurance at a minimum limit Of $1,000,000. E. Applicant agrees to provide the insurance required, written by a carrier licensed to do business in Florida. The company's insurance shall be rated A VII or better, per the Best's Key Rating Guide. F. Indian River County must be added as an additional insured on all policies described above. The certified policies of insurance shall be submitted to the Risk Manager for Indian River County ten (10) days prior to the commencement of any work under the contact. A certificate 159 of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for Indian River County to be named as additionally insured for Business Automobile Insurance and General Liability Insurance for work under this contract. G. The County shall be given thirty (30) days written notification of their intent to cancel or modification of any stipulated insurance. Insurance coverage shall be written on an occurrence basis with a company licensed to do business in the State of Florida. H. To the extent of the insurance benefits under the insurance policies required herein, described in Paragraph D above, whether indemnity payments, defense costs, or otherwise, the Applicant shall indemnify and save the County harmless from the actions, payments and judgments arising from personal injuries or act or omission of the Applicant, his agents, servants or employees, in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the County or its representatives in the defense of any claim or suit. IX. PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287.133(2)(a), all Applicants are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or submitter under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,0001 for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 160 s X. HOLD HARMLESS CLAUSE Applicants shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. XI. SPECIAL CONTRACT TERMS AND CONDITIONS A. Procedures The extent and character of the services to be performed by the Applicant or firm shall be subject to the general control and approval of the Community Development Director or his designee. The Applicant or firm shall not comply with requests and/or orders issued by other than the Community Development Director or authorized representative acting within their authority for the County. B. Period of Performance The contract shall be effective upon contract execution and within such time frames as may be set forth therein. Successful Applicant must be able to begin work immediately after execution of contract. C. Termination Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party, but if any work or services hereunder are in progress and not complete as of the date of termination, then this contract may be extended upon written approval by the County until said work or services are completed and accepted. 1. Termination of Convenience In the event that this contract is terminated or canceled upon request, and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable. 161 9 2. Termination for Cause Termination by the County for cause, default or negligence on the part of the Applicant or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause. D. Inconsistencies in Conditions In the event there are inconsistencies between the General Contract Terms and Conditions and the Special Contract Terms and Conditions, and other schedules contained herein, the latter two shall take precedence. E. Permit Fees In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted Applicant. All permit, impact, or inspection fees payable to Indian River County in connection with the work on this County project will be paid by Indian River County, with the exception of re- inspection fees. The Applicant shall not include ANY PERMIT, IMPACT, NOR INSPECTION FEES payable to Indian River County in the bid. F. Invoicing and Payment Except as may otherwise be provided by the contract to be executed by Indian River County and the firm to which the contract for this work is awarded, the following invoicing and payment conditions shall apply: Applicant shall submit invoices for each payment requested; such invoices to include a progress report and the percentage of performance by the Applicant's employees working on the project. The County will pay all invoices in accordance with the Local Government Prompt Payment Act, F.S. 218.70 et. seq., unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Applicant shall provide complete cooperation during any such investigation. 162 10 XII. INSTRUCTIONS FOR DELIVERING THE SUBMITTAL A. Addenda and Supplement to Request If it becomes necessary to revise any part of this request, or if additional data is necessary to enable exact interpretation of provisions of this request, addenda will be issued through DemandStar.com. B. Questions and Inquiries Questions and inquiries must be submitted in writing from any and all Applicants and firms provided, however, that all questions are received at least ten (10) working days in advance of the Submittal acceptance date. C. Preparation and Delivery of the Submittal 1. Each Submittal shall be signed in ink by the individual Applicant or authorized principals of the firm. 2. All attachments to the Request for Qualifications requiring execution by the Applicant are to be returned with the Submittal. 3. The Request for Qualifications is to be returned in a sealed container. The face of the container shall indicate the title of the Submittal and RFQ # 2016. 4. The Submittals shall be received by the Manager of the Purchasing Division, or her representative, no later than the time and date set forth herein and in the Notice for Submittals. Applicants or firms mailing their Submittal should allow for normal mail time to ensure receipt of their Submittal prior to the time and date fixed for the acceptance of the Submittal. A Submittal received after the time and date above shall NOT be accepted. D. Withdrawals of a Request for Qualifications 1. All Submittals submitted shall be valid for a minimum period of ninety (90) calendar days following the date established for acceptance. 2. A Submittal may be withdrawn on written request from the Applicant at the address shown in the solicitation prior to the time of acceptance. 163 3. Negligence on the part of the Applicant in preparing the Submittal confers no right of withdrawal after the time fixed for the acceptance of the Submittal. E. Miscellaneous Requirements 1. Indian River County will not be responsible for any expenses incurred by a Applicant or firm in preparing and submitting a Submittal. All Submittals shall provide a concise delineation of the Applicant or firm's capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. 2. The contents of the Submittal submitted by the successful Applicant and this Request for Qualifications will become a part of any contract award as a result of these specifications. The successful Applicants or firms will be expected to sign contracts with Indian River County. 3. Indian River County reserves the right to reject any and all Submittals received by reason of this request, or to negotiate separately in the manner necessary to serve the best interests of the County. Applicants or firms whose Submittals are not accepted will be notified in writing. 4. The Applicant or firm is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title or interest therein or its power to execute such agreement to another person, company, or corporation without the previous consent and approval in writing by Indian River County. 164 12 INDIAN RIVER COUNTY Q' MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, IC Community OciAopment Director THROUGH: Roland M. DeBlois, AICP_it�> Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 3/7/2016 RE: Thomas and Phen Kennedy's Request for Partial Release of an Easement at 271 11th Avenue (Indian River Heights Subdivision Unit 7) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of March 15, 2016. DESCRIPTION AND CONDITIONS The County has been petitioned by Thomas and Phen Kennedy, owners of a lot at 271 11th Avenue in Indian River Heights Subdivision, for release of a two -foot portion of a 12 -foot side yard drainage and utility easement on the lot. The purpose of this partial easement release request is to clear title and allow for an existing single-family residence that encroaches into the north two feet of the easement but otherwise meets a required 10 -foot side yard building setback (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested partial release of easement. That request is specifically to release the north two (2) feet of the twelve (12) foot easement that involves the south 12 feet of the subject lot. Therefore, it is staffs position that the requested partial easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the two - foot portion of the 12 -foot side yard drainage and utility easement described in the attached resolution. 165 THOMAS & PHEN KENNEDY Partial Release of Easement Page 2 ATTACHMENTS Map(s) depicting easement proposed for release. Proposed County Resolution Partially Releasing Easement. APPROVED: FOR: March 15 2016 BY:'AE". ease.bccmemo proj./appl. no. 96040096/76141 166 m J ApND"TIATNNw[•T W d TK DOUTMWGT 1/1, aeerloaN 1a,Tww as t, wD[.sa e. .ro • l4 TF1. �1`atQT) d OITaIUS ROAD 1. maw r 9•'S...... .. I I I I I I I I I I INDIAN RIVER HEIGHTS UNIT- 7 .— . lo- a THE M011T-w{sT — 01 TNL ,--I W .(Left T-[ [ACT o AC.eq, ALI LYtq a'-0. Ia, TOWNtMI as Cam -, MNot a{ uaf..000110so TO THE LUT ftN[".L R 1 AT 0LA-Os OF TIC WGA- Rl M IAP•tD .0-PANY I— M T -t 0—. 01 THE CL{w- OI OIwMT —.T OI {T W01t OW NTT ILO -IDA. N R•T000- Q0, ALL T-[ A.Wt LAND MOW —W .ND {LINO I- M0.. .M1 OO—T/ . RG -10.. GENERAL NOT[{ It'`—C, UTIYtRa •-O M- . N..NYOt WtflM O- L ........ ON {.p{ LOT 4 t011.ON ON •LL{LOOK OMNDIt W-lR �aTMl. t T - OF RL.—C, T-6 avTgtLOT1DM W {Tilt{w-PTT OF Y o.{wTw {Now- THU[-•U.—G.s. GATU- ww.N.'s {MOW- —.1. Svs3lerl'1-wr 7-renn,.c /7 gae 2 0..^& r Al ?10/Q .CNNOM<LOOtM[NT [t�TT[ O.OF.1w• M[" :1112 1.-,w[ b»°�^: IM Is TIC :cT1:»°'mot..:. iiy:N��OHIObi a �Tmi ar .»D Yaaw L•{T'u"(NmrD.l 1 OL.TII10.Tt Or 0(O '.. OXY OF M _[ ua•[ w«•'�'""{w G»ow°yl.�"i.�. •wrtAT OTICOF Op1I�QDicT:'Li .s•fliiuuG Iowty •NO t L[It•Nta YtMwM NDlDN. tw"t0 twt `.'•i 1 T l0 ft rKt IOIwTION T»ii "{�»�• I� lo" i�iisLM{D In �a:i+.w4 I»O•M wl IOIR[ IC •TTt [p.k/� Ctwrno•Tt 01 GL[wN wCOICIIT OOUIIT ' R•Tt O IIDwro. GG».nY wl»tw T t D o°wT eI w Iv[w Gdmiv�"' : ►°O Mt;.r A. IIIY T°1 -."T wtOY wt YtMT� W Cil•°itl 'pt 1.1»<'u� Mn wl0•. ,"T -DI•wY II:TwNaMw ; GawuD ON L'• GI.GU IT GOU{T OF I»wlv["wO COI1 TY.IlDw10•. ��t/�b•»wlvt111 COU»�TY�I'I1. •� [Nosleelro ce-tlnc•rQ .�°�� '�/� I.Al T[.I tVI [I•DLORI"K°o rtRF`Y M n'1 - LYItwV°Y 1MpwT�»�I{iUe gIP{O{TD�IIyT II�w•tO_t� �� AS OAL IEITATMM 01 TIC L^I.. [D1/•OC o�lftAft NOT10«t'%[•IT[w.p.rs° Il;• D•t[o T -r Jam' a •v w dOl�,�y>_i' /a..�+0 r wri +dl"viLi�{ fl CewTIFIC•Te OF AIIwOVAL t nisi •Ilil�iove�ip � i`{DDilioi�i i• e"..ai . o•Tto T-sLD•. wrs. i 135' 120' 1 1 120' 120' 1 120' 3 A 32 10 3 ti ti 32 0 3 110 3 ti I 162.04' 4 ti 3 1 I 4 31 rM. 4 ti ti 4 120' 120' 120' Ito' 162.24' � x1.o q5 " 30 " 5 M " p " 30 Kf " 5 Ml " q " 5 Ml " 1624 21.6 22.> i 22.3 ti� 22.2 �F 21.T �h 210 6 29 w 6 29 ti 6 ti� 6 135' 120' 1 120' 290 � 120' 120' z2v 162.63' 1 7 10 26 o f 7 1 ti 26 I 7 11 1 I F 7 t! 16 2.0 3' I g 27 ti 1 e 27 6 6 " " " 135' 120' 120' 120' 120 163.02' 9 ti 26 I w 9 26 1p. 9 ti A 9 1. o I. 10 10 A 25 n 1 10 ti 25 In 10 N 10 - 24 I I ►�• 24 I I " 16 11 ti rY 1 I � 163.62' p. 220 22.3 22.D I I 22.2 0 22.0 12 ti 0 A 2 3 ti l 1 2 ti Q ti 23 Ill " 12 I r- U ti I2 135' U 120' 120' 120' I 120' I6 13 ti 1 22 h 13 f 22 in 13 ti 0 ti 13 ti w sv$. 'rte I.dr�EptS�M'Et�r 01 00 SCALE 0-100' GENERAL NOTES 12'PUBLIC UTILITIES AND DRAINAGE EASEMENT ON ALL REAR. AND ON SIDE LOT LINES WHERE SHOWN. 23'RADIUS ON ALL BLOCK CORNERS WHERE SHOWN. OCRNER LOT DIMENSIONS ARE -TO THE INTERSECTION OF STREET RIGHT OF WAY LINES. ELEVATIONS SHOWN THUS 22.1 U.S.C.9G .S. DATUM P. R. M.'S SHOWN THUS: 0 .LOT 25 - -N- I —r --; --- — y4 I 90°00.40'' IRON PIPE ^ $904752" A 12• 12• LOT 11 ' = o I ern m t ILn h IOWN u REFERENCED TO THE PLAT OF INDIAN RIVER BIGHTS IINff 7. 2ND ST. / O � P ♦ � � i WITHOIIT BENKFrr OF DEED. 1��� �1/! ) MJL= MUNICIPAL WAT13L -+— F N D. r, I N GH I F10N PIPE DRAWN T� P -CFWD HK P RECORD SURVEY FOR THOMAS A. KENNEDY pI 7TP 120' URV 11-19-15 DATL OY TION BY F.P. & PG. TASK NO. raw WORK RESOLUTION NO. 2016 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 10, BLOCK G, INDIAN RIVER HEIGHTS SUBDIVISION UNIT 7 WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 10, Block G, of Indian River Heights Subdivision Unit 7; and WHEREAS, the retention of a portion of the easement, 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 easement(s): the north two (2) feet of the south twelve (12) foot drainage and utility easement, less and except any portion of the west twelve (12) drainage and utility easement, of Lot 10, Block G, Indian River Heights Subdivision Unit 7, according to the plat thereof recorded in Plat Book 7, Page 29, of the Public Records of Indian River County, Florida. This partial release of easement 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 2016, by the following vote: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LIN Deputy Clerk ATTACHAIFwr 2 170 RESOLUTION NO. 2016 - APPROVED AS TO LEGAL FORM: �11"Aw William K. DeBraal Deputy County Attorney ease.bccdoc proj/apl. no. 96040096/76141 Cc: Applicant: THOMAS A & PHEN S KENNEDY 271 11TH AVENUE VERO BEACH, FL 32962 171 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of my Commissioners From: Jason E. Brown Director, Office of Mang Pe5t& Budget Date: March 8, 2016 Subject: Miscellaneous Budget Amendment 014 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On March 1, 2016, the Board of County Commissioners approved the Florida Department of Environmental Protection grant for construction of the 45th Street Oyster Reef Project. The attached entry appropriates the $50,000 grant. 2. On March 1, 2016, the Board of County Commissioners approved the FDOT Supplemental Agreement for the 87th Street and 91 St Avenue Sidewalk improvements to reduce the grant agreement. The attached entry reduces the grant and corresponding expense by $67,585. 3. On March 1, 2016. The Board of County Commissioners approved the Sheriffs request for $30,000 from the Law Enforcement Trust Fund to be used to replace twenty (20) expired Kevlar ballistic helmets. The attached entry appropriates funding in the amount of $30,000 from Law Enforcement Trust Fund/Cash Forward -Oct 1 St 4 At the July 15th Budget Workshop, the Board of County Commissioners approved additional funding for the State Health Department for $24,024 in the current FY 15/16 which had been reduced from the FY 14/15 budget. The attached entry appropriates funding from General Fund/Reserve for Contingency. 5. The School District building on 251 street is now vacant and the county plans to demolish the building. The fiber optics will need to be removed at an estimated price of $2,500. Additionally, the estimated cost of the demolition is $30,000. The attached entry appropriates funding in the amount of $32,500 from General Fund/Cash Forward -Oct 1St 6. On March 1, 2016, the Board of County Commissioners approved a payout of the Public Works Director's vacation. Additionally, special pay costs and overtime have been higher than anticipated in some departments. A part-time employee in the Building Department, a budgeted temporary employee in the Ag Extension department and a temporary employee at the Shooting Range need to be added to the budget. Lastly, additional funds are needed in the Budget Department for an overlap period for the new Budget Director beginning in April. The attached entry appropriates funding from General Fund/Cash Forward -Oct 1 St for $53,875, Self-Insurance/Cash Forward -Oct 1St for $16,042, Building Department/Cash Forward -Oct 1St for $39,398 and MSTU/Reserve for Contingency for $24,074. 7. The Florida Department of Labor has invoiced the county for unemployment compensation in various departments for the quarter ending September 30, 2015. The attached entry appropriates $135 from MSTU Fund/Reserve for Contingency and $730 from Transportation Fund/Reserve for Contingency. 172 Board of County Commissioners March 8, 2016 Page 2 of 2 8. The Board of County Commissioners approved the Capital Improvement Plan on December 1, 2015. The attached entry appropriates funding for several projects included in the plan. 9. The IRC Courthouse PBX system is running out of PBX station port capacity. A new 16 -circuit station card will give the system additional capacity. The attached entry appropriates funding in the amount of $800.00 from Court Facility Surcharge/Cash Forward -Oct 1St 10. Indian River County Libraries have received donations totaling $15,561. The attached entry appropriates these donations. 11. The Community Transportation Coordinator is in receipt of various grants including the Older American Act in the amount of $464,807, the Community Care for the Elderly in the amount of $ 407,638, the Alzheimer's disease initiative in the amount of $127,051 and the Home Care for the Elderly in the amount of $55,367. The attached entry appropriates funding for the grant matches in the amount of $117,207 from General Fund -Cash Forward -Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 014 and Resolution APPROVED AGENDA ITEM: BY: _moi ► ��� Joseph A. Baird County Administrator FOR: March 15, 2016 Indian River County APQNed Date Administrator Legal 3 - o - / 6 Budget -3f/ 0 Ili- 6Department Department Risk Mana ement 173 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of 12016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller M Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FO A GAL U I C BY COUNTY ATTORNEY 174 Exhibit "A" Resolution No 2016 - Budget Office Approval: Budget Amendment: 014 Jason E Brow FBudget Director Entry Number Fund/ De rt ent/Account Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/FDEP Grant/45th Street Oyster Reef Project 315033-334300-16014 $50,000 $0 Expense Opitonal Sales Tax/Public Works/45th Street Oyster Reef Project 31524338-066510-16014 $50,000 $0 2. Revenue Optional Sales Tax/FDOT Lap Grant/Vero Lake Estates Sidewalks 315033-331400-15003 $0 $67,585 Expense Optional Sales Tax/Road & Bridge/Vero Lake Estates Sidewalks 31521441-066510-15003 $0 $67,585 3. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $53,875 $0 Sefl Insurances/Cash Forward -Oct 1st 502039-389040 $16,042 $0 Building Department/Cash Forward -Oct 1st 441039-389040 $39,398 $0 Expense General Fund/County Attorney/Salaries 00110214-011120 $3,877 $0 General Fund/County Attorney/Social Security 00110214012110 $241 $0 General Fund/County Attorney/Retirement 00110214-012120 $500 $0 General Fund/County Attomey/Medicare 00110214-012170 $57 $0 General Fund/County Attomey/Workers Compensation 00110214-012140 $7 $0 General Fund/Emergency Mgmt/Special Pay 00123825-011150 $2,446 $0 General Fund/Emergency Mgmt/Social Security 00123825-012110 $152 $0 General Fund/Emergency Mgmt/Retirement 00123825-012120 $178 $0 General Fund/Emergency Mgmt/Medicare 00123825-012170 $36 $0 General Fund/Ag Extension/Budgeted Temp Salaries 00121237-011190 $2,723 $0 General Fund/Ag Extension/Social Security 00121237-012110 $169 $0 General Fund/Ag Extension/Medicare 00121237-012170 $40 $0 175 Exhibit "A" Resolution No. 2016- l� Budget Office Approval: Budget Amendment: 014 Jason E. 7rown, Budget Director Entry Number Fund/ Depa /ht/Account Name Account Number Increase Decrease General Fund/Office of Management & Budget/Salaries 00122913-011120 $26,000 $0 General Fund/Office of Management & Budget/Social Security 00122913-011120 $1,612 $0 General Fund/Office of Management & Budget/Retirement 00122913-012120 $1,888 $0 General Fund/Office of Management & Budget/Medicare 00122913-012170 $377 $0 General Fund/Office of Management & Budget/Health Insurance 00122913-012130 $1,670 $0 General Fund/Office of Management & Budget/Worker's Compensation 00122913-012140 $45 $0 General Fund/Office of Management & Budget/Cell Phone Allowance 00122913-012180 $525 $0 General Fund/Office of Management & Budget/Auto Allowance 00122913-034010 $280 $0 General Fund/Office of Management & Budget/All Travel 00122913-034020 $3,000 $0 General Fund/Office of Management & Budget/ Registration 00122913-035430 $1,000 $0 General Fund/County Administrator/Cell Phone Allowance 00120112-012180 $600 $0 General Fund/County Administrator/Travel 00120112-034020 $3,000 $0 General Fund/Human Resources/Overtime 00120313-011140 $3,000 $0 General Fund/Human Resources/Social Security 00120313-012110 $186 $0 General Fund/Human Resources/Retirement 00120313-012120 $218 $0 General Fund/Human Resources/Medicare 00120313-012170 $44 $0 General Fund/Human ResourcesAMorker's Compensation 00120313-012140 $5 $0 Self Insurance/Risk Management/Salaries 50224613-011120 $13,000 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $806 $0 Self Insurance/Risk Man agement/Retirement 50224613-012120 $944 $0 Self Insurance/Risk Management/Medicare 50224613-012170 $189 $0 Self Insurance/Risk Management/Worker's Compensation 50224613-012140 $23 $0 Self Insurance/Risk Management/Health Insurance 50224613-012130 $720 $0 Self Insurance/Risk Management/Cell Phone Allowance 50224613-012180 $240 $0 Self Insurance/Risk Management/Auto Allowance 50224613-034010 $120 $0 176 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Budget Amendment: 014 Jason E. rown Budget Director Entry Number Fund/ Dep nt/Account Name Account Number Increase Decrease Building Department/Part Time Salaries 44123324-011130 $33,800 $0 Building Department/Social Security 44123324-012110 $2,095 $0 Building Department/Retirement 44123324-012120 $2,453 $0 Building Department/Medicare 44123324-012170 $490 $0 Building Deparmtnet/Worker's Compensation 44123324-012140 $560 $0 MSTU/Shooting Range/Salaries 00416172-011120 $14,358 $0 MSTU/Shooting Range/Temporary Employees 00416172-011170 $5,000 $0 MSTU/Shooting Range/Social Security 00416172-012110 $2,405 $0 MSTU/Shooting Range/Retirement 00416172-012120 $1,850 $0 MSTU/Shooting Range/Medicare 00416172-012170 $282 $0 MSTU/Shooting Range/Worker's Compensation 00416172-012170 $179 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $24,074 4. Revenue Special Law Enforcement Trust Fund/Non-Revenue/Cash Forward -Oct 1 st 112039-389040 $30,000 $0 Expense Special Law Enforcement Trust Fund/Sheriff-Law Enforcement 11260086-099040 $30,000 $0 5. Expense General Fund/State Health Department 00110669-088190 $24,024 $0 General Fund/Reserve for Contingency 00119981-099210 $0 $24,024 6. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $32,500 $0 Expense General Fund/Facilities Management/Other Contractual Services 00122019-033490 $32,500 $0 177 Exhibit "A" Resolution No 2016 - Budget Office Approval: Budget Amendment: 014 Jason E Bro I. Budget Director Entry Number Fund/ Dellar# ent/Account Name Account Number Increase Decrease 7. Expense MSTU Fund/Gifford Aquatics Center/Unemployment Compensation 00410572-012150 $135 $0 MSTU Fund/Reserve for Contingency 00419981-099910 $0 $135 Transportation Fund/Road & Bridge/Unemployment Compensation 11121441-012150 $730 $0 Transportation Fund/Reserve for Contingency 11119981-099910 $0 $730 8. Revenue Impact Fees/Cash Forward -Oct 1st 103039-389040 $993,723 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $150,000 $0 Expense Impact Fees/Main Library/Other Machinery & Equipment 10310971-066490 $993,723 $0 Optional Sales Tax/Public Works/CIP-PC North 31524338-066510-16018 $150,000 $0 9. Revenue Court Facility Surcharge/Cash Forward -Oct 1 st 140039-389040 $800 $0 Expense Court Facility Surcharge/Facilities Maintenance/ Maintenance -Other Equipment 14022019-034690 $800 $0 10. Revenue General Fund/Misc/Donations Main Library 001038-366095 $11,089 $0 General Fund/Misc/Donations NC Library 001038-366100 $4,472 $0 Expense General Fund/Main Library/Other Operating Supplies 00110971-035290 $2,000 $0 General Fund/Main LibraryNouth Books 00110971-038110 $3,000 $0 General Fund/NC Library/Books 00111271-035450 $4,472 $0 Gneral Fund/Brackett Library/Books 00111371-035450 $6,089 $0 178 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Budget Amendment: 014 Jason E. Br wn, B dget Director Entry Number Fund/ Departa ccount Name Account Number Increase Decrease 11. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $117,207 $0 Expense General Fund/Community Transportation Coordinator/ Senior Resource Association 00111041-088230-54001 $117,207 $0 179 March 4, 2016 heriff Deryl Loar Indian River County The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Budget Amendment Dear Chairman Solari: On January 9, 2016, my office participated in a public auction of surplus property and vehicles. We netted $79,075.75 from this function. In keeping with past practice, I am requesting the proceeds be used to acquire new like - kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Please place this item under Constitutional Officers for the March 15, 2016 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:lt cc: Joseph A. Baird, County Administrator Jason E. Brown, OMB Director Kelly Goodwin, Comptroller 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 ds' 80 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102 07(2)• limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: WC90.Jc6-(4 �J ADDRESS: 1,-2 39- PHONE: SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? E�TYES NO IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? E1J_y ES NO YES E�]NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRAI MEETING DATE: YESv a NO Documents Board Approved I IM06 181 General Services INDIAN RIVER COUNTY, FLORIDA i7N�n AGENDA ITEM Assistant County Administrator / �, , Department of General Services Date: March 8, 2016 To: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administratoticy Subject: Request for Approval of Revised Fairgrounds Pnd Template Festival License Agreement BACKGROUND: On December 1, 2015, the Risk Management Division of the Office of Management and Budget brought forth a Memorandum to the Board of County Commissioners regarding the policies and procedures at the Indian River County Fairgrounds with respect to insurance requirements. Specifically, the Board unanimously approved changing the deadline for receipt of certificates of insurance and any associated endorsements from 15 to 30 days prior to an event. The Memorandum dated November 19, 2015, informed the Commission that Staff would bring back a revised standard license agreement and updated Fairgrounds policy manual that would adequately address the proliferation of new events and the increasing complexity of event management at the Fairgrounds. ALTERNATIVE AND ANALYSIS: Attached is a comprehensive Fairgrounds Policy Manual. It has been crafted specifically for the Indian River County Fairgrounds. Below please find a topical summary of the most substantive updates: Insurance: Requires acceptance by the County Risk Manager 30 days prior to event. Reservations: Requires a 25% deposit of estimated facilities charges to secure a date. Payment of Balance Due: Requires payment in full of balance due 30 days prior to event. Post Event Reconciliation: Allows for reconciliation and payment of alcohol sales percentage fees, incidental charges, additional staff or amenities within 5 business days following event. Event Cancellation: Allows a partial to full refund of reservation deposit up to 90 days prior to event. Security: Authorizes Staff to set the level of security for each event in consultation with the Indian River County Sheriffs Office. F:\Assistant Countv AdministratoAAGENDA 1TEMS\2016\13CC 03 MARCH 2O16\BCC Memo-Fairmamds Policv.doc 182 Festivals: Mandates compliance with the provisions of Indian River County Code Sections 205.08 which sets forth requirements for the issuance of a Festival Permit by the Board of County Commissioners including sign offs by the affected agencies. The following Departments or Divisions may be consulted prior the execution of an Agreement for the use of the Fairgrounds: • Indian River County Attorney's Office • Indian River County Community Development Department • Indian River County Fire Rescue • Indian River County Health Department • Indian River County Public Works Department • Indian River County Risk Management Division • Indian River County Solid Waste Disposal District • Indian River County Sheriffs Office • Florida Department of Business & Professional Regulation Alcohol Permit Fees: Alcohol permit fees are issued by the Parks Division pursuant Indian River County Code of Ordinances, Section 205.09 may be subject to staff discretion in negotiating the terms of the License Agreement in the best interest of the citizens of Indian River County. Staff shall be guided in the negotiation by the size of the event, gated admission, and the purpose of the Event. Absent extraordinary circumstances, the following fee schedule shall serve as a baseline fee structure: • Private or For Profit user groups using a licensed vendor to provide alcoholic beverages at no cost to guests will be charged $500 per day. • Nonprofit user groups using a licensed vendor to provide alcoholic beverages at no cost to guests will be charged $400 per day. • Private or For Profit user groups using a licensed vendor to provide alcoholic beverages for a fee will be charged 15% of gross sales of all alcoholic beverages. • Nonprofit user groups utilizing a Temporary Liquor License will be charged 15% of gross sales of all alcoholic beverages. • Nonprofit user groups utilizing a licensed vendor will be charged 10% of gross sales of all alcoholic beverages. Food Service and Merchandise Vendors: The County reserves the right to negotiate the imposition of a merchandise vendor fee which may be collectable as a percentage of gross sales or a percentage of gross vendor fees charged by the Applicant. Any group or individual having food or drink items for sale for public consumption will be considered a food service. Food Service/Catering is governed by the laws of the State of Florida and the Indian River County Health Department. F \Assistant Countv AdministworNAGENDA ITEMS\2016\3CC 03 MARCH 2016WC Memo-Fairerounds Polimdoc IF -3Q Hours: Hours of operation will expand to require shut down of events by midnight and vacation of premises by lam. Fees: The Policy Manual offered for consideration today is substantive in nature. Staff is not -proposing to increase facility rental fees at this time. The Alcohol Permit Fees cited above have been updated from the introductory rates of $150 and $300 daily rates for profit and non-profit events respectively. Additionally, the schedule has been updated to add 3 fees for recently acquired amenities at the Fairgrounds including Golf Cart Rental, Electronic Marquee Signage, and Portable Fire Extinguishers. A Facility Exclusion Fee has been added to events that render other structure rentals impracticable. The current fee schedule has been in place for over 15 years. It is in need of quantitative and structural evaluation. Staff plans to bring forth a separate Agenda item to address fees within 6 months. The interim period will also allow time to evaluate the implementation of the substantive polices presented herein. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the attached Fairgrounds Policy Manual and direct Staff to return to the Board with an updated fee structure and any recommended policy revisions within 6 months. ATTACHMENTS: Indian River County Fairgrounds Policy Manual Indian River County Fairgrounds License Agreement with optional Exhibit A's (Standard or Non-profit) with Exhibit B — Indian River County Parks Divisions - Fairgrounds Rules & Regulations DISTRIBUTION: Parks Division Approved Agenda Item BY. Joseph A. Baird County Administrator FOR: March 15, 2016 Indian River County Approved Date Administration 3 /p County Attorney Budget3 /0 Departnwt 3 9 iG Risk Management F:\Assistant Coumv Administrator\AGENDA ITEMS\2016\13CC 03 MARCH 2O16\13CC Memo-Fairerounds Policv.doc 184 INDIAN RIVER COUNTY FAIRGROUNDS POLICY MANUAL A Approved by The Board of County Commissioners, Effective V //M79 ORIV i 185 TABLE OF CONTENTS INTRODUCTION 4 FAIRGROUNDS POLICY MANUAL OVERVIEW 4 AUTHORITY OF THE GENERAL SERVICES DEPARTMENT 5 LICENSE AGREEMENT 5-6 USER GROUPS RENEWABLE LICENSE AGREEMENTS 5-6 6 SCHEDULING, CANCELLATION & FEES 6-13 SCHEDULING 6-7 CANCELLATION 7 EMERGENCY CANCELLATION 7 FACILITY & AMENITIES FEES 8-9 DAMAGE DEPOSIT 9-10 POST EVENT RECONCILIATION 10 SALES TAX 10 INSURANCE 10-12 ALCOHOL POLICY 12-13 SECURITY 13 GENERAL PROVISIONS 14-19 ACCESS DURING EVENTS 14 ACCIDENT MANAGEMENT 14 ADVERTISING 14 ANIMALS 14 CAMPING/RV USE 14 COUNTY/GOVERNMENT USE 15 DECORATIONS 15 DELIVERIES 15 ELECTRICAL/UTILITIES 15 EQUIPMENT 15 EXCLUSIVITY 16 EVENT STAFFING 16 FACILITY EXCLUSION FEE 16 FESTIVALS 16 FOOD SERVICE/CATERING 16 HAZARDOUS MATERIALS 17 HOURS OF OPERATION 17 INDEMNIFICATION 17 INTELLECTUAL PROPERTY 17 211)age 186 LIABILITY LIMITATIONS OF PARKING 18 LOAD-1N/LOAD-OUT 18 LOST OR STOLEN ARTICLES 18 MERCHANDISE VENDORS 18 PARKING & TRAFFIC CONTROL 18 PHOTOS 18 PLANNING MEETINGS/FACILITY TOURS/WALK-THROUGHS 19 POST EVENT RECONCILIATION 19 USE RESTRICTIONS 19 WEAPONS, FIREARMS & FIREWORKS 19 APPENDICES 20-24 APPENDIX A — FAIRGROUNDS RULES & REGULATIONS 21-22 APPENDIX B — INDIAN RIVER COUNTY CODE OF ORDINANCES 23-24 SECTION 205.04 - PERMITS SECTION 205.08 — FESTIVALS SECTION 205.09 — SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT DESIGNATED RECREATIONAL FACILITIES 3113age 187 INTRODUCTION The following policies have been developed for governing the operations and fee schedule of the Indian River County Fairgrounds (the "Fairgrounds"). All applicants desiring to use the facilities shall be required to execute a License Agreement with the County (the "Agreement"). All Agreements will be entered into by and between Indian River County (the "County") and the parties interested in renting the Fairgrounds (the "Applicant"). Individuals must be at least 21 years of age to enter into an Agreement. Entities must provide evidence of their corporate designation and/or their nonprofit status. Applicants are responsible for complying with the Indian River County Fairgrounds policies and signed Agreement. Indian River County Fairgrounds Rental Policies and Fees are subject to periodic review. The policies and procedures in place at the time of the signing of the Agreement will govern. The Assistant County Administrator and the Fairgrounds Manager shall have discretion to address any special conditions not covered in this policies manual. Any special conditions may, to the extent that they exceed the authority granted here, may be brought before the Indian River County Board of County Commissioners (the "Board") for approval. The County reserves the right to negotiate individual agreements with events in order to promote the Fairgrounds and to generate quality events in the best interest of the public welfare. FAIRGROUNDS POLICY MANUAL OVERVIEW The Fairgrounds are owned, managed and operated by the County. Rental of the facilities are made available on a first-come first -serve basis and are managed by the policies set forth herein. All facility rentals require a signed Agreement by both Indian River County and the Applicant in order to occupy the premises and conduct an event. The County has determined that there are three primary user groups who utilize the facilities: For Profit Organizations, Nonprofit Organizations ("NPO") and Private Individuals/Groups ("Private Events that are deemed to be music or entertainment festivals, in accordance with Indian River County Code of Ordinances Section 205.08 ("Festivals"), shall be subject to the requirements set forth therein. Festival Agreements shall be approved by the Board which shall delineate the conditions precedent to the issuance of the appropriate Agreement and permits. The County reserves the right to re-evaluate and update all operational concerns, policies, scheduling, rules, regulations and improvements. All changes to fee schedules will be reviewed and submitted to the Board for final approval. This Fairgrounds Policy Manual was approved on March 15, 2016, by the Board. 4111age 188 AUTHORITY OF THE GENERAL SERVICES DEPARTMENT The General Services Department ("Department") manages the Fairgrounds. The Parks and Recreation Divisions, ("Division") within the General Services Department is the lead agency managing the day to day operations, scheduling and management of the Fairgrounds. In addition, the Division works closely with other County departments as necessary when scheduling a rental of the facilities. The following departments or divisions may be consulted prior the execution of an Agreement for the use of the Fairgrounds: • Indian River County Attorney's Office • Indian River County Community Development Department • Indian River County Fire Rescue • Indian River County Health Department • Indian River County Public Works Department • Indian River County Risk Management Division • Indian River County Solid Waste Disposal District • Indian River County Sheriff's Office ! Florida Department of Business & Professional Regulation LICENSE AGREEMENT All events reserved and conducted at the Fairgrounds shall be secured by a Standard License Agreement which has been reviewed by the County Attorney's Office as to form and legal sufficiency and approved as a template by the Board. With the exception of events that qualify as Festivals, the Assistant County Administrator or his designee shall have the authority to execute all License Agreements and issue the corresponding permits. The Assistant County Administrator shall have the authority to alter or amend the Agreement to address a special condition which does not substantially alter the material terms of the Standard License Agreement. USER GROUPS For the purposes of general event management and intake, three categories of user groups have been determined as For Profit Organizations, Nonprofit Organizations ("NPO") and Private Individuals/Groups ("Private"). For Profit user groups are users who are conducting business at the Fairgrounds through trade shows, demonstrations or other activities in which they are either generating business for their own purpose or they are promoting other businesses by acting as the host. For Profit user groups intend to generate a profit through their event and are utilizing'the Fairgrounds in furtherance of their commercial enterprise venture. For Profit user groups may be, but are not limited to, businesses who are a limited liability corporation, incorporated business, or sole proprietors seeking a profit. 5111age 189 NPO user groups are bona -fide nonprofit agencies or organizations who have an active and valid 501(c)3 designation or other nonprofit status recognized by the Internal Revenue Service. These user groups must provide active and valid documentation of their nonprofit status (i.e. 501(c)3 letter of designation from the IRS) in order to receive the nonprofit rates. Private user groups are individuals who are utilizing the facilities for their own private party or function, i.e. quinceanera, wedding reception, etc. RENEWABLE LICENSE AGREEMENTS At the request of an Applicant, staff may evaluate the merits of a Renewable License Agreement which shall not exceed a duration of up to 3 consecutive annual date specific events. Renewable License Agreements shall be expressly conditioned upon payment of the required 25% Deposit Fee of the projected facility and amenity expenses ("25% Deposit Fee") within 30 calendar days of the conclusion of the prior year's event, or shall otherwise terminate. Competing requests for dates held through Renewable Agreements shall be logged and processed on a first come, first served basis in the event that an Agreement is not executed within 6 months of the scheduled event date. SCHEDULING, CANCELLATION & FEES SCHEDULING Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates may only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed Agreement. Staff reserves the option to issue a placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully executed Agreement which will secure the date pending a due diligence review. Placeholder Agreements shall automatically expire 6 months prior to the scheduled event date and the reservation forfeited unless the Applicant enters into an Agreement. Staff reserves the right in the best interests of serving the general public utilize a request for proposals for highly competitive time frames or dates requested more than one year in advance. Reservation dates for Festivals must be secured by a minimum 25% Deposit Fee and a Placeholder Agreement until a fully executed License Agreement has been approved by the Board. For events in which the Applicant does not secure the entire facility, there may be times when multiple events are scheduled at the Fairgrounds. Staff reserves the right to schedule multiple events without compensation to involved parties. Every effort will be made to ensure that multiple events are compatible. 61Pa-c 190 There will be a daily fee assessed in the Agreement based on the potential loss of revenue for the loss of the Expo Center, if an applicant's use of any facility at the Fairgrounds renders the Expo Center unusable. CANCELLATION The following cancellation policy applies to all events: • Cancellation more than 180 days before the first date of rental will receive a refund of 85% of the 25% Deposit Fee. • Cancellation within 90-180 days of the first date of rental will receive 50% refund of the 25% Deposit Fee. • Cancellation less than 90 days of the first date of rental will forfeit the 25% Deposit Fee paid. EMERGENCY CANCELLATION The Fairgrounds is a facility utilized by the County for emergency needs/shelter/incident command. In the event that an emergency determination is issued by the County Emergency Services District or other County department, the event may be cancelled and all fees will be refunded to the applicant. In the event that any part of the Fairgrounds is damaged or unsafe for use due to hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this Agreement by the County impossible for the event, the County shall refund all fees to the applicant. FACILITIES & AMENITIES FEES User fees shall be approved by the Board. A standard fee structure has been developed and approved as referenced herein. NPO user groups receive a discount on facility fees and some ancillary rental charges for items such as bleachers, stages, etc. It is the policy of the County not to waive, reduce or exclude required fees for the use of the Fairgrounds. Fees are to be paid to the County by check or cash by the deadlines outlined in the Agreement. The 25% Deposit Fee is due at reservation. The balance of fees is due no less than 30 days prior to the first date of rental. Any balance due at the end of the event (such as additional staff, security, rental add-ons or hourly overages) are due no more than 5 business days following the last day of the event. 71Paue 191 The Fee Schedule is set forth as approved by the Board. Acrene Rental # Acres Standard Nonprofit 0-5 $150.00 $125.00 6-10 $175.00 $150.00 11-40 $525.00 $275.00 41 + $775.00 $525.00 Acreage fees are per day. Rental of Agricultural Pavilion, Expo Pavilion and Expo Center require a minimum of 0-5 acres per day per event. Facifi Expo Center (minimum 4 hour) Expo Open Air Pavilion Ag Pavilion Entertainment Bldg. Concession Bldg. Item Large Bleachers Small Bleachers Stage w/canopy Stage w/o canopy Small Stage Stage Risers Tent 10 x 20 Tables 30" x 96" Chairs Picnic Tables Light Towers Facilities Rental Fees Standard $ 125.00 / Hr. $500.00 / Day $400.00 / Day $100.00 / Day $100.00 / Day Amenities Fees Standard $325.00 1" day $ 100.00 ea additional day $ 75.00 1" day $ 25.00 ea additional day $1100.00 1" day $ 200.00 ea additional day $600.00 1" day $200.00 ea additional day $ 50.00 per event $ 20.00 ea per event $230.00 per event $ 8.00 ea per event $ .50 ea per event no charge w/table rental $ 10.00 per event $ 95.00 1" day Nonprofit $ 85.00 / Hr. $400.00 / Day $300.00 / Day $100.00 / Day $100.00 / Day Nonprofit $175.00 1" day $ 75.00 ea additional day $ 50.00 1" day $ 25.00 ea additional day $ 800.00 1" day $ 150.00 ea additional day $300.00 1" day $150.00 ea additional day 81Paue 192 $ 50.00 ea additional day Serving Carts (2) $ 20.00 per event Hoses / Sprinklers $ 20.00 per event Internet Access $100.00 per event Fire Extinguishers $ 10.00 per day Golf Carts (4) $ 70.00 ea per day Marquee $100.00 1" week $ 50.00 additional weeks Other Fees Facility Exclusion Fee $250.00 per day Late Fees (beyond 1 am) $ 50.00 per 15 min RV Camping $ 22.20 per day Primitive Camping $ 16.65 per day DAMAGE DEPOSIT All events will be required to submit a damage deposit 30 days prior to the first day of rental. The damage deposit will serve to cover any extraordinary cleaning or damages that occur as a result of the applicant's event. The facilities are rented on an "as -is" basis. All applicants are strongly encouraged to do a walk-through of the facilities with the Fairgrounds Coordinator prior to their event. A post - event walk-through will be conducted by County Fairgrounds Staff to inspect the facilities. Any damages or cleaning charges will be documented through photographs and recorded by County Fairgrounds Staff. The damage deposit may not be refunded on specific damages or loss as documented by Fairgrounds Management Staff including but not limited to the following: a. Stains, marks or damage to walls (interior & exterior). b. Broken, damaged or defaced furniture or equipment. c. Defacement of or damage to any part of the interior or exterior of the building. d. Damage created by improper use of the grounds, facilities or equipment or non- compliance with facility rules. e. Equipment found to be missing. f. Excessive cleaning required by County Fairgrounds Staff. The Fairgrounds Coordinator, with approval from the General Services Director may waive or reduce the damage deposit for any organization with prior rental history who are in good standing from prior events. Payment of the deposit is required 30 days before the rental and may be adjusted by projected, anticipated use or other special conditions. Applicants will be liable for damages to Fairgrounds property or equipment caused by event participants and attendants during the License Duration. Any refundable damage deposit will be returned by mail to the 9 1 P 1 2 C 193 Applicant after all accounts due and owing have been fully paid, the ]eased premises have been cleaned and it has been determined that no damage occurred. Any problems existing at that time will be noted and effort will be made on the part of the Fairgrounds staff to correct the problems. The Applicant will be given a copy of information noting any problems at the time of the poste event walk-through. Upon completion of the event or activity, the Applicant is responsible for returning the ]eased premises to the condition in which it was rented. Fairgrounds staff will survey the premises used and determine if any portion of the damage deposit will be kept in lieu of excessive cleaning or damage. The Applicant will be charged $25 (twenty-five dollars) per hour/staff for any cleaning that must be done and will be charged the cost of materials and labor for any damage that must be repaired. If the County deems it necessary to retain a portion of the damage deposit to cover cleaning or damage, the Applicant will be given an explanation in writing for the allocation of those funds. Any unused portion of the damage deposit will be refunded by County check. POST EVENT RECONCILIATION All outstanding charges, including but not limited to, alcohol gross sales percentage fees, food vendor or merchandise fees, incidental charges, additional staff or additional amenities procured after execution of the Agreement shall be due and payable within 5 business days following the last day of the event. SALES TAX All organizations, businesses and individuals, selling or vending any product and/or merchandise at the County Fairgrounds shall be responsible for collecting and remitting both County and State of Florida sales tax. INSURANCE Applicant shall obtain and maintain, for the License Duration, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the term of the lease or operation and usage of the facilities at the Fairgrounds. The cost of insurance shall be borne solely by the Applicant. For events with alcohol, the purveyor must have approved liquor liability insurance limits set by the County. The Applicant must also have host liquor liability insurance (which is an integral part of a standard insurance policy). Acceptance of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A -VII. Events with alcohol must have the minimum coverage as determined by the County Risk Manager and in consultation with the County's insurance carrier for the type and duration of their event. 10111auc 194 Minimum Limits of Insurance: 1. General Liability: Applicant shall maintain limits no less than $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall, separate to this project / location or the general aggregate limit shall be twice the required occurrence limit. 2. Workers Compensation and Employer's Liability: Workers Compensation limits as required by the State of Florida and Employer's Liability limits of $100,000.00 per accident. Other Insurance Provisions: All policies are to contain the following conditions: 1. General Liability: The Board of County Commissioners, Indian River County, Florida are to be covered as additional insured regarding all liability on premises owned, occupied or used by the Applicant. The coverage shall contain no special limitations on the scope of protection afforded to Indian River County, its officers, officials, employees or volunteers. The Applicants insurance coverage shall be the primary insurance as respects to Indian River County, its officers, officials, employees or volunteers. Any insurance or self- insurance maintained by Indian River County, it's officers, officials, employees or volunteers shall be in excess of the Applicants insurance and not contribute with it. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to Indian River County, its officers, officials, employees or volunteers. 2. Insurance Requirements: Coverage shall state that the Applicant / Applicants insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Workers Compensation And Employer's Liability Coverage: The insurer agrees to waive all rights of subrogation against Indian River County, it's officers, officials, employees and volunteers for losses arising from the leased premises. Verification of Coverage: Applicant / Applicant shall furnish Indian River County with certificates of insurance and original endorsements effecting coverage required by this clause. The certificate and endorsements for each insurance policy are to be signed by a person or persons authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by Indian River County Risk Manager thirty (30) days prior to use of the facilities. II111a(e 195 Indian River County reserves the right to require complete, certified copies of all policies at any time. Failure to meet insurance requirements timely shall be cause for cancellation of the event. ALCOHOL POLICY Pursuant to Section 205.09 of the Indian River County Code of Ordinances, the sale and consumption of alcoholic beverages are permitted at the Fairgrounds provided a permit for such purposes is first obtained from the Parks Division. 13CT Caterer's License & 4COP License: Alcohol may be served at the Fairgrounds by a properly licensed alcohol vendor or a caterer who holds an active and valid 13CT Caterer's Alcoholic Beverage License or 4COP Liquor License from the State of Florida Division of Alcoholic Beverages and Tobacco. A copy of the current and active license along with the necessary insurance requirements must be received no later than 30 days prior to the event. Caterer's operating under a 13CT License must serve 51 % of the food at the event. Temporary Nonprofit Liquor License: For bona -fide nonprofit civic organizations who wish to distribute or sell alcohol at an event, a temporary event permit from the State of Florida Division of Alcoholic Beverages and Tobacco must be received no later than 30 days prior to the event along with the necessary insurance requirements. Instructions for obtaining such a permit can be found at the following website: hLp://www.myfloridalicense. com/dbpr/abt/forms/documents/onetwoorthreedaypennitnp licationpacka g.pdf The application for a temporary event permit can be found at the following website: http://www.myfloridalicense.com/dbpr/abt/fonns/documents/abt600312df For events utilizing a temporary event permit, the Environmental Planning and Code Enforcement Division must sign the temporary event permit from the State of Florida Division of Alcoholic Beverages and Tobacco. There is a $75.00 fee associated with the review. Applicants must contact the Code Enforcement Division at 772-226-1517 concerning this review. The review process will take approximately three days. Fairgrounds Management Staff reserves the right to determine adequate security for events with alcohol. County reserves the right to inspect the alcohol vendor's distribution points, point of sale receipts, tickets collected and inventory at any time during the License Duration. Insurance Requirements for Alcohol Permit: Applicants must obtain the necessary insurance for the sale and consumption of alcoholic beverages as determined by the County Risk Manager. The levels required will be conveyed to the Applicant in coordination with the Risk Management Division and the Applicant's Fairgrounds Liaison. You may obtain the appropriate insurance from any insurance provider; however, Iridian River County offers the use of the web -based 121Page W11 insurance policy, Tenant Users Liability Insurance Policy (TULIP). The application can be found at the following website: hgps://tulil2.onebeaconentertainment.com/e/tulip/gpply.aspx Venue ID: GNTI A I W Venue Name: Indian River County BOCC All certificates and endorsements are to be received and approved by Indian River County Risk Manager 30 days prior to use of the facilities. All certificates shall list "Indian River County, FL" as additional insured. Alcohol Permit Fees: Alcohol permit fee is subject to staff discretion in negotiating the terms of the Agreement in the best interest of the public and the County. The following fee structure shall serve as a baseline fee structure unless extraordinary circumstances warrant adjustment by the County: • Private or For Profit user groups using a licensed vendor to provide alcoholic beverages at no cost to guests will be charged $500 per day. • NPO user groups using a licensed vendor to provide alcoholic beverages at no cost to guests will be charged $400 per day. • Private or For Profit user groups using a licensed vendor to sell alcoholic beverages will be charged 15% of gross sales of all alcoholic beverages. • NPO user groups utilizing a licensed vendor will be charged 10% of gross sales of all alcoholic beverages. • NPO user groups utilizing a Temporary Liquor License will be charged 15% of gross sales of all alcoholic beverages. SECURITY In the interest of public safety, the Fairgrounds Management Staff reserves the right to require certified security personnel at any public or private event. The County in its sole discretion and in consultation with the Indian River County Sheriff's Office ("IRCSO") determine the minimum security necessary to carry out an event at the Fairgrounds. Security personnel may be required as a condition of the Agreement and will be specified therein. Law enforcement with arresting authority in Indian River County may be assigned for the entire event or any portion of the event. County staff and/or the IRCSO shall have the right to eject all persons who fail or refuse to comply with the rules and regulations of the Fairgrounds. All security costs shall be borne by the Applicant. The County will schedule all IRCSO Deputy coverage. Any additional IRCSO Deputy coverage may be scheduled through County staff. 131flaue 197 GENERAL PROVISIONS ACCESS DURING EVENTS The County and its officers, agents and employees engaged in the operation and maintenance of the Fairgrounds reserve the right to enter upon and to have free access to the Fairgrounds at any and all times. ACCIDENT MANAGEMENT In case of an accident or emergency, the Applicant agrees to cooperate with County staff in the formulation of an action plan and a response to media inquiries. The Fairgrounds Emergency contact must be notified immediately in the event of an accident that requires emergency services personnel and within 24 hours of an accident resulting in medical care. See Insurance Requirements referenced above for more information. Damage to the facility that impairs the function of the rental must be reported immediately. Any damage to the facility that does not impair the function of the event must be reported at lock-up at the end of the day to the Fairgrounds Management Staff. ADVERTISING Event advertising is the sole responsibility of the Applicant. Arrangements must be made in advance with the Fairgrounds Management Staff to display banners or signs or to advertise products or services at the Fairgrounds. The Fairgrounds Coordinator will be assisting Applicants in promoting their events through the County website, events calendar and various social media outlets. Public Service Announcements are the sole responsibility of the Applicant. ANIMALS Applicants utilizing the County Fairgrounds for any activity in which animals are used or exhibited, shall comply fully with all statutes, laws, ordinances, rules and regulations applicable with the humane care and treatment of animals. All animals must be penned, stalled and otherwise confined or under the direct control of the owner or handler at all times. Dogs utilized in Dog Agility or Training shows must be leashed when not actively participating in trials or classes. All waste must be picked up and disposed of properly. Persons keeping animals on the premises must use every care to assure safety of visitors and other facility patrons/personnel. Violation of this policy may result in removal of animals from premises or Animal Control may be called. Animals and pets not disclosed in the Agreement are not allowed on the Fairgrounds with the exception of service animals that meet ADA requirements. CAMPING/RV USE Any event camping or RV use at the Fairgrounds shall be with Fairgrounds staff approval and in association with a scheduled event. Fairgrounds staff will designate areas for primitive camping and parking. Fairgrounds camping is only allowed in conjunction with an event. All persons camping or using an RV do so at their own risk. See attached Fairground's Rules & Regulations Appendix A. 141Pa—,e 198 COUNTY/GOVERNMENT USE Those County Departments under the direction of the County Administrator may have use of Fairgrounds facilities, if available, without charge. The County Administrator's Office may approve requests from other governmental agencies including constitutional offices. Departments must schedule the use of the'facility with the Fairgrounds Coordinator, preferably 45 days prior to an event. Paid events or events that are anticipated to be scheduled will have priority. County sponsored events will abide by the same procedures as the County Government Usage. All government licensees are responsible for setup, take town and cleanup for their events and must be scheduled within the regular operation hours of the Fairgrounds staff schedule (Monday -Friday 7am-3:30pm.) Any use outside of these hours will require additional, overtime staff for opening or lock-up. DECORATIONS All decorating of facilities is the responsibility of the Applicant and must be approved by Fairgrounds Management Staff. All decorations must be completely removed after the event. Staff time required to remove decorations shall be subject to the hourly rate set forth in the Damage Deposit section referenced above. DELIVERIES Fairgrounds staff are not responsible for deliveries for any event. Applicant must be present for deliveries and is responsible for securing those deliveries. ELECTRICITY/UTILITIES The County shall furnish customary lighting and electricity for ordinary use only, but shall not be responsible for any accidents, unavoidable delays or temporary power outages. The County shall also furnish water by means of existing appliances, facilities and drinking fountains. Applicant may not undertake any plumbing, electrical, tele -communications, carpentry or mechanical work on any of the facilities without prior written approval by the County. If any utility work is required, the Applicant shall first obtain County approval in writing and have such work done and necessary connections made by the person, firm or corporation approved by the County at the Applicant's expense. EQUIPMENT The Fairgrounds has equipment available for rent in conjunction with Fairground facilities. All equipment and property belonging to the Applicant must be removed at the conclusion of the event. Any, equipment and/or property'rented by a third party must be delivered and removed during the License Duration as listed in the Agreement. Applicant may have additional rental fees for any materials stored, staged or awaiting pick-up. 151Pa-,e 199 EXCLUSIVITY Applicants may request Fairgrounds staff to refrain from booking a similar event within 30 days from the Applicant's event. Exclusivity under this section shall be limited to events offering the same themed activities, music, or entertainment genre. Exclusivity may only be granted by mutual consent of County and the Applicant as an express term of the License Agreement. The Applicant reserves the right to execute an Exclusivity waiver. EVENT STAFFING The Applicant is responsible for paying all staff costs for facility use, including use of contract or temporary labor and when staff is required for more than one hour. The Applicant is also responsible for paying for all hours of use including load-in/load-out. FACILITY EXCLUSION FEE Any Applicant that wishes to have sole use of the Fairgrounds may pay a daily fee to shut down the premises to all other events. County has the sole discretion to determine when an event will limit the County's ability to lease the Fairgrounds to other Applicants. A daily fee will be charged for such events as noted in Scheduling and above. FESTIVALS Events that are deemed to be music or entertainment festivals, in accordance with Indian River County Code of Ordinances Section 205.08 ("Festivals"), shall be subject to the requirements set forth therein. Festival Agreements shall be approved by the Board which shall delineate the conditions precedent to the issuance of the appropriate Agreement and permits. Reservation dates for Festivals must be secured by a minimum 25% Deposit Fee and a Placeholder Agreement until a fully executed License Agreement has been approved by the Board. FOOD SERVICE/CATERING Any group or individual having food or drink items for sale for public consumption will be considered a food service. Food Service/Catering is governed by the laws of the State of Florida and the County Health Department. Compliance with all applicable food service laws and regulations is the sole responsibility of the Applicant. All vendors must list "Indian River County, FL" as additional insured. A list of all food vendors and/or caterers must be provided to the County no less than 3 days prior to the event. The County reserves the right to negotiate the imposition of a food vendor fee not to exceed 15% of gross sales or 15% of gross vendor fees charged by the Applicant. HAZARDOUS MATERIALS No one using the Fairgrounds is to have in their possession, or collect, distribute, dispose, release or otherwise discharge on Fairgrounds property, any toxic or hazardous waste as defined by Indian River County, the State of Florida and Federal Law. In the event a user of the 16113aue 200 Fairgrounds is in possession of such hazardous or toxic waste, they shall immediately notify the Fairgrounds staff and request information as to proper disposal of the waste. The Florida Department of Environmental Protection as well as the Federal Environmental Protection Agency and other governmental agency or body as may be required by law, relative to such material may also be notified. No fluids are to be poured onto or otherwise disposed of, directly onto Fairgrounds property. In the event any user of the Fairgrounds, or their agents, vendors, sub -licensees, concessionaires or employees violate these provisions, including but not limited to, the dumping of grease in the facility sewer system, or at locations not authorized by Fairgrounds staff, Indian River County will hold the violator accountable in accordance with appropriate law and regulation, including the cost of any clean-up required, and the imposition of fines and penalties as permitted by law. In such an event, any agreement with the violator to lease or rent any portion of the Fairgrounds is subject to immediate termination by the County, and the violator and all others acting under the violator may be removed from the Fairgrounds property. HOURS OF OPERATION Business hours for the Fairgrounds are Monday through Friday from lam to 3:30pm. Event and daily hours for Applicants are from lam to 1 am. All events must shut down by 12am and vacate the premises no later than 1 am. The penalty for not vacating the facilities after 1 am is $50 per every 15 minutes. INDEMNIFICATION To the extent provided by law, all Applicants will indemnify, defend, save and hold harmless, Indian River County, including its elected and appointed officials, employees, volunteers, agents and authorized representatives from and against all claims, damages, losses, expenses and demands, including but not limited to, attorney fees and expenses, due to injuries, losses or damages arising out of, resulting from, or in any manner connected with Applicant's or anyone acting for or on behalf of Applicant either directly or indirectly, using the Fairgrounds under any license, rental or lease agreement. Applicant is not obligated to indemnify the County for any portion of any claims, damages, losses, demands and/or expenses arising solely out of or resulting from, any negligent act or omissiowof the County. Nothing herein shall limit the defenses and immunities legally available to each party as against the other Party or others. The indemnification obligation hereunder shall not be construed to negate, abate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section. INTELLECTUAL PROPERTY An Applicant will assume all costs, expenses and damages arising from the use of patented, trademarked, franchised or copyrighted music, materials, devices, processes, artwork, or dramatic rights used at or incorporated in the Event. Applicant agrees to indemnify, defend and hold Indian River County harmless from any claim or costs, including legal fees, which might arise from use of any such material. The County logo may not be used on any promotional material without the express written consent of the County. 1711)age 201 LIABLITY LIMITATIONS OF PARKING The County hereby declares no responsibility for fire, theft, damage to or loss of vehicles or articles left therein parked on County property or at any location for the purpose of attending an event at the Fairgrounds. Attendees at the Fairgrounds who park in any non -designated area do so at their own risk and may be ticketed or towed at their own expense. County reserves the right to impose a parking fee at any given event whether charged to the Applicant or individual motorists. LOAD-IN/LOAD-OUT For events in the Expo Center, charges are from the time the Expo Center is opened until the Expo Center is closed. This includes set-up and removal of all equipment and items not belonging to Indian River County. All daily rentals start at lam (unless otherwise requested) until lam. Special conditions such as size and duration of the event may be reviewed by the Assistant County Administrator and load-in/load-out fees adjusted accordingly otherwise standard rental rates apply. LOST OR STOLEN ARTICLES The County is not responsible, under any circumstances, for property of the Applicant while on the Fairgrounds premises. In addition, the County and its employees are not responsible for any loss of articles or equipment left unattended at any of the Fairground Facilities. The usage of security personnel when equipment or articles are left in a building or on the Fairgrounds property shall be the responsibility of the Applicant. All articles, equipment, exhibits, displays, or materials shall be brought into the facility only at such hours as designated by the Agreement. Applicant assumes all responsibility for any/all goods or material, which may be placed in County's storage before, during or after an event. MERCHANDISE VENDORS The County reserves the right to negotiate the imposition of a merchandise vendor fee which may be collectable as a percentage of gross sales or a percentage of gross vendor fees charged by the Applicant. PARKING & TRAFFIC CONTROL Multiple events may be conducted simultaneously at the Indian River County Fairgrounds. It is the Applicant's responsibility to coordinate with Fairgrounds staff on areas available for parking. Fire Lanes must be kept open for police, fire, ambulance and other emergency units as well as for Fairgrounds staff. Staff may require the Applicant to submit a Traffic Control and Parking Plan approved by the Indian River County Public Works Director or designee 30 days prior to the event. PHOTOS The Fairgrounds Management Staff may take photos of public events held at the Indian River County Fairgrounds. These photos shall be the property of Indian River County and may be used by County staff for educational or promotional purposes. 181Page 202 PLANNING MEETINGS/FACILITY TOURS/WALK-THROUGHS The Applicant is encouraged to survey the facilities at least two weeks prior to the event in order to determine the setup and the necessary equipment needed for the event. Groups who opt not to survey the facility will be accommodated only if time permits. Under no conditions will the Applicant be allowed to permanently alter the facilities. Any items or special equipment brought in by the Applicant will be at their own risk. All special equipment including but not limited to electrical apparatus and other potentially hazardous equipment must have prior approval by Fairgrounds Management Staff. POST EVENT RECONCILIATION All outstanding charges, including but not limited to, alcohol gross sales percentage fees, food vendor or merchandise fees, incidental charges, additional staff or additional amenities procured after execution of the License Agreement shall be due and payable within 5 business days following the conclusion of the event. USE RESTRICTIONS Indian River County reserves the right to deny use of the Fairgrounds to any individuals, groups or organizations based on the following conditions: 1. Damage to grounds, buildings or other facilities based on previous use by the Applicant. 2. Activities that are not conducive to the appropriate and reasonable use of the Fairgrounds facilities and contrary to the health, safety and welfare of the public. This includes events that have greater potential for damage or that require more than reasonable utilization of County resources. 3. Use that would constitute a violation of any local, State or federal law or regulation. 4. Any events and/or activities on the Fairgrounds, including but not limited to, use of sound systems and lighting, if applicable, shall be conducted with consideration for the surrounding neighborhoods and other users of the Fairgrounds. If a sound system is used, it must be directed away from nearby residential neighborhoods. Any bright accessory lighting used must be directed downward so as to not be intrusive or disruptive to any residential homes located in the area, or other fairground facilities. General activities are to be conducted so as not to be disruptive to the neighborhood or create access barriers to entering and/or parking at residences in the neighborhood. WEAPONS, FIREARMS & FIREWORKS All firearms, fireworks and weapons used, demonstrated, discharged or for decoration as part of a licensed event must be approved by Fairgrounds Management Staff. 19111 a,, 203 APPENDICES APPENDIX A — FAIRGROUNDS RULES & REGULATIONS 21-22 APPENDIX B — INDIAN RIVER COUNTY CODE OF ORDINANCES 23-24 SECTION 205.04 - PERMITS SECTION 205.08 — FESTIVALS SECTION 205.09 — SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT DESIGNATED RECREATIONAL FACILITIES. 201Pa`u,e 204 APPENDIX A Indian River County Parks Division Fairgrounds Rules & Regulations General Fairgrounds Rules 1. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 2. Security Plan: a. Festival events shall present a security plan to the Indian River County Sheriff's Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/License Agreement. b. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc. c. The County will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel. 3. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Fairgrounds Management Staff. 4. Deposits: a. All buildings and facilities shall be left in the same condition it was received in. A cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Ag Expo Building should be left in a broom swept condition with any wet areas mopped and all garbage left in designated location. b. A damage deposit of no less than $500, refundable upon inspection of the property is required for every event. Deposit may be increased in the sole discretion of the County dependent upon number of attendees and events. i. Festivals require a damage deposit of no less than $2500. 5. Any signage visible from the road in any county right of way requires a permit from the Code Enforcement Division prior to placement. 6. No animals are allowed unless assisting the handicapped or the event is an animal related event. Animals are allowed in the RV area but must be on a leash (<6') or in a carrier at all times. 7. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division. 8. Under no circumstances shall any person remove any equipment or other items from the premises. 9. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 10. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Fairgrounds Management Staff. Staff should be notified of any special needs of the Applicant. 11. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 211I'a2e 205 12. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies. 13. All RV's are required to park in the designated RV area. There will be no parking of RV's in or around other facilities without prior approval of the Fairgrounds Management Staff. All RV's will be required to pay the daily fee for the campsite hook-up. 14. Insurance requirements shall be determined at the sole discretion of the County Risk Manager. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to the County no less than 30 days prior to the event. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriffs Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. RV Campground Rules 1. RV sites are not open to the public. 2. RV sites are used only during scheduled events. Only participants of the events may use the RV sites. 3. Alcohol is strictly prohibited within the Campground. 4. Animals are not allowed in Campground unless permitted by Fairgrounds Management Staff. 5. Showers are to be used by registered guest only. 6. Only one (1) hook-up allowed per site. 7. Backflow preventers are required on all water connections at all times. 8. Proper sewer connections are required at all times. 9. Applicant is responsible to collect all fees from participants of their event. 10. Fairgrounds Management Staff will count each morning and will confirm count with the Applicant daily. 11. Fees are $20.00 per site plus 11 % tax for a total of $22.20 each for full hookup. 12. Fees are $15.00 plus 11% tax for a total of $16.65 each for all dry camping. 13. Reconciliation for camping fees will be collected within 3 days of the conclusion of the event. 14. A separate check for camping fees is required. 15. Early arrival and late departure for events must be coordinate thru the Fairgrounds Management Staff @ 772-589-9223 and camping fees will be collected separately. 16. Reservations are not accepted for campsites. 22111age 206 APPENDIX B Section 205.04. - Permits. (1) The department may issue a permit when it has been established that: (a) The proposed activity will occur within an area which is proper for the activity to occur. (b) The proposed activity or use will not unreasonably interfere or detract from the general public enjoyment of the park or recreational area. (c) There are adequate facilities and personnel in the proposed areas so that the proposed activity will not impair the health, safety and welfare of the persons who will engage in the proposed activities and the proposed activity will not impair the health, safety or welfare of other individuals who may desire to use the facility. (d) The desired facility has not been reserved for other use at the time requested. (e) The applicant has paid the proper fee as established by the department for the activity. (2) All permits shall be signed by the supervisor or his duly authorized representative. (3) The department shall not issue a permit for any activity that may constitute a hazard to participants or other park users. The department, as a condition to the issuance of a permit, may require public liability insurance in an amount the department deems appropriate or require other conditions. (4) In the event any applicant is refused a permit, the department shall indicate the reason for refusing such permit. (5) The applicant may appeal the refusal of any permit to the county administrator. (6) The department or its duly authorized representative shall have the authority to revoke a permit previously issued upon finding a violation of any rule or regulation. (Ord. No. 92-31, § 1, 7-28-92) Section 205.08. - Festivals. (1) No person shall stage, promote or conduct any musical or entertainment festival in the unincorporated area of Indian River County unless he shall first secure from the board a special entertainment permit for said festival. (2) The permit required by this section shall not be issued unless the following conditions are met and the following plans submitted to the board. (a) A plan for adequate sanitation facilities and sewage disposal, approved by the county health officer; (b) A plan for parking facilities which are not within the area of the festival and a plan for the transportation of the patrons from said parking facilities to the festival area, approved by the county administrator; 231Pa�-,e plit (c) A plan for adequate medical facilities, approved by the county health officer; (d) A plan for the provision of adequate security and traffic control in and around the festival area, approved by the sheriff of Indian River County; (e) Full disclosure must be made by the promoters to the board of the financial backing of the festival and the names of all persons or groups who will perform at said festival; (f) Any other reasonable condition set by the board in its discretion. (3) Under no circumstances shall any person, firm, corporation or partnership operate any festival which will continue for more than one (1) eight-hour period without a twenty -four-hour rest period before any continuation of the festival. (Ord. No. 92-31, § 1, 7-28-92) Section 205.09. - Sale and consumption of alcoholic beverages at designated recreational facilities. Notwithstanding the provisions of section 205.03(26), the sale and consumption of alcoholic beverages shall be permitted at the Indian River County Fairgrounds and at the South County Intergenerational Recreation Center, provided the vendor first obtains a permit for such purposes issued by the department. The department may issue a permit for the sale and consumption of alcoholic beverages when it has been established that the following conditions have been satisfied: (a) The applicant holds all required state alcoholic beverage licenses; (b) The applicant has made adequate plans, and is ready, willing and able to implement such plans, for security or police presence; (c) The applicant has obtained liability and any other insurance required by the county risk manager, and has provided certificates evidencing such insurance, in amounts and all other respects acceptable to the county risk manager; (d) The applicant has met all other conditions determined by the department to be necessary to protect the health, safety and welfare of the residents of Indian River County, in light of the planned event or activity; and (e) The applicant has paid the required fee as established by the department. The permit described above shall be in addition to any other permit required for the event or activity, pursuant to sections 205.04 or 205.08 above. (Ord. No. 2012-037, § 2, 11-20-12) 2411)aL,e Pill :3 TEMPLATE INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: License Duration: Organization: Contact Name: Address: Phone: City/State/Zip Code: E -Mail: Name of Event: Expected Attendance: Load -In Date/Time: Load -Out Date/Time: 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 (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), section 205.08 (Festivals) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, 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: 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 Fairgrounds License Agreement Page I of 13 Initials <DATE OF AGREEMEN7> 209 TEMPLATE which Applicant may apply for a permit, license, or use hereunder are more particularly described as I. Facilities a. ❑ Acreage ❑ 0-5 ❑ 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 ❑ 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 # ❑ with canopy ❑ 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 ❑ Indian River County Sheriff's Deputy Coverage IV. Permits ❑ Fairgrounds Use Permit ❑ Alcohol Permit ❑ Festival Permit Fairgrounds License Agreement Page 2 of 13 21� Initials <DATE OF AGREEMENTS TEMPLATE 2. Applicant may use and have access to the Premises for a period, commencing at , on the day of , and ending at , on the day of ("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 A ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the <name of event> (the "Event"), <description>. (a) The Event may include the following activities: <event details>. (b) The hours of the Event shall be: <event hours>. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by 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 change may result in a modification of the insurance requirements set forth in B. 17. 2. <DROP IN AS NECESSARY> County agrees not to schedule another music themed festival within 30 days before or after this Event unless the Applicant signs a waiver stating permission to proceed with another music themed festival event as disclosed. 3. <ANNUAL RENEWAL LANGUAGE AS NEEDED> 4. 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 $<amount>, 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, $<amount> ("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 $<amount> shall be submitted no later than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges Fairgrounds License Agreement Page 3 of 13 211 Initials <DATE OF AGREEMENT> TEMPLATE 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 Damage Deposit, to the extent unused, shall be returned to Applicant. (c) <DROP IN AS NECESSARY> Applicant shall pay 15% of the gross sales of alcoholic beverages, including beer, wine and liquor as determined by 1. or 2. or a combination of 1. and 2. as described below: 1. County shall provide sequentially numbered tickets to Applicant which shall serve as the exclusive currency for the sale of all alcoholic beverages, including beer, wine and liquor at the Event. The total amount owed to the County shall be determined based upon the sequentially numbered tickets not returned to the County during the License Duration. 2. The total amount owed to the County shall be determined based upon the Applicant's use of an electronic method of retail checkout at every point of sale, which tracks the total sales of alcoholic beverages, including beer, wine and liquor. The County shall have the right to inspect the electronic method of retail checkout at any point during the License Duration. County reserves the right to inspect the alcohol vendor's distribution points, point of sale receipts, tickets collected and inventory at any time during the License Duration. The Applicant shall make the payment within five (5) business days of the conclusion of the Event as described in B. Lb. (d) <DROP IN AS NECESSARY> Applicant shall pay 15% of all fees charged to concessionaires, including but not limited to food and merchant vendors. This fee shall be paid to the County within five (5) business days of the conclusion of the Event as described in B.l.b. 5. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic control or due to other public safety issues. 6. 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). 7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), 205.08 (Festivals) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Fairgrounds License Agreement Page 4 of 13 212 Initials <DATE OF AGREEMENT> TEMPLATE Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit, festival 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. 8. The County shall have the right 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. 9. 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. 10. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: (a) The hours of event production and sound checks utilizing amplified sound in the Fairgrounds are restricted to: i. Sunday thru Thursdays from 10:00am-6:00pm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from 10am-10:59pm with a minimum of one thirty (30) minute intermission. (b) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (c) The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. (d) Stage construction must be approved and inspected by the County. 11. 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. 12. 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. Fairgrounds License Agreement Page S of 13 213 Initials <DATE OF AGREEMENT> TEMPLATE 13. 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. 14. 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. Fairgrounds License Agreement Page 6 of 13 214 Initials <DATE OF ACREEMENT> TEMPLATE (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. 15. 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. 16. 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 at the Event. The Applicant shall also agree to indemnify the County and County's members, officials, officers, employees and agents against all charges, expenses and costs incurred on account of or by reason of any such injuries, damages, liability, claims, suits or losses and all damages growing out of the same. 17. 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 Limits Commercial General Liability — No more restrictive than 1$1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, personal I Single Limit <CHANGE AS i ;injury, products / comp. ops. agg., premises, operations, iNECESSARY> Fairgrounds License Agreement Page 7 of 13 215 Initials <DATE OF AGREEMENT> TEMPLATE 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). j 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 non -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 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 1$500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Professional Liability (Errors and Omissions) 1$ 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: Sexual Molestation Liability 1$ 1,000,000 Each Occurrence/Claim Fairgrounds License Agreement Page 8 of 13 216 Initials <DATE OFAGREEMENT> TEMPLATE 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 I (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. (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. Fairgrounds License Agreement Page 9 of 13 2 )<% Initials <DATE OF AGREEMEN75 TEMPLATE (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. 18. 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 than 45 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. 19. 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. 20. 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 BA.(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). Fairgrounds License Agreement Page 10 of 13 218 Initials <DATE OF AGREEMENT> TEMPLATE (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 21. 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. 22. 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. 23. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference. 24. 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. 25. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises. 26. 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. 27. 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 Fairgrounds License Agreement Page 11 of 13 219 Initials <DATE OF AGREEMEN77 TEMPLATE 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. 28. 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. 29. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 30. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 31. 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: Indian River County Parks Division 5500 771h Street Vero Beach, FL 32967 Email: mzito ruircgov.com, cc: <COUNTY STAFF EMAIL AS NECESSARY> Applicant: <INSERT APPLICANT'S ADDRESS> Email: <INSERT APPLICANT'S EMAIL ADDRESS> 32. 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. 33. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this _ day of Fairgrounds License Agreement Page 12 of 13 22� Initials <DATE OFAGREEMENT> TEMPLATE APPLICANT: INDIAN RIVER COUNTY: 0 Signature Type/Print Name Title Fairgrounds License Agreement Initials Signature Type/Print Name Title Page 13 of 13 221 <DATE OF AGREEMENT> EXHIBIT A - Fairgrounds License Agreement Fees - Standard Ammenities per day Small Bleachers (1 st Day) Small Bleachers Addl. Days Large Bleachers (1 st Day) Large Bleachers Addl. Days QTY Per Day $50.00 x x = $ $25.00 x x = $ $175.00 x x $75.00 x x Stage with Canopy (1 st Day) Event Name & Applicant x x Date(s) of License Agreement $150.00 Acreage Stage without Canopy (l st Day) Days Total 0-5 Acres $ 125.00 X = $ - 6-10 Acres $ 150.00 X = $ - H-40 Acres $ 275.00 X = $ - 41+ Acres $ 525.00 X = $ - Facility Hourly Rates Hours Expo Center $85.00 x = $ - Facility Daily Rates Days Expo Open Air Pavilion $400.00 x = $ - Agricultural Pavilion $300.00 x = $ - Entertainment Bldg. $100.00 x = $ - Concession Bldg. $100.00 x = $ _ Ammenities per Event QTY Small Stage $50.00 x = $ - Tables $8.00 x = $ - Chairs $0.50 x = $ - Hoses/Sprinklers $20.00 x = $ - Light Carts $90.00 x = $ - Internet Access $100.00 x = $ - Tent IOx20 $200.00 x = $ - Picnic Tables $10.00 x = $ - Stage Risers $20.00 x = $ - Serving Carts $20.00 x = $ - Ammenities per day Small Bleachers (1 st Day) Small Bleachers Addl. Days Large Bleachers (1 st Day) Large Bleachers Addl. Days QTY Per Day $50.00 x x = $ $25.00 x x = $ $175.00 x x $75.00 x x Stage with Canopy (1 st Day) $800.00 x x Stage with Canopy Addl. Days $150.00 x x Stage without Canopy (l st Day) $300.00 x x Stage without Canopy Add]. Days $150.00 x x Fire Extinguisher $10.00 x x Golf Carts $70.00 x x 0 222 EXHIBIT A - Fairgrounds License Agreement Fees - Standard Ammenities per week Marquee (1 st Week) $100.00 x x = $ Marquee Addl. Weeks $50.00 x x = $ FACILITY EXCLUSION Days Total $250.00 x = $ SUBTOTAL:_ $ TAX:_ $ TOTAL:_ $ 25% DEPOSIT: _ $ DAMAGE DEPOSIT: _ $ PAYMENTS Check No. Date Amount Balance Due: $ - POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x x = $ IRSO Deputy Coverage $35.00 x x = $ TAX: _ $ STAFF TOTAL: _ $ - CAMPING # RV CAMPING $20.00 x = $ - PRIMITWE CAMPING $15.00 x = $ - SUBTOTAL: _ $ 7% TAX: _ $ - 4% TAX: _ $ - TOTAL: _ $ - Check No. Date Amount Balance Due: $ Date Quote Provided: Quote Provided By: ***Quotes are good for 15 days. No dates are held without a 25% deposit.*** 223 EXHIBIT A - Fairgrounds License Agreement Fees - Nonprofit Event Name & Applicant Date(s) of License Agreement Acreage Days Total 0-5 Acres $ 150.00 X = $ - 6-10 Acres $ 175.00 X = $ - 1 ]-40 Acres $ 525.00 X = $ - 41+ Acres $ 775.00 X = $ - Facility Hourly Rates Hours Expo Center $125.00 x = $ - Facility Daily Rates Days Expo Open Air Pavilion $500.00 x = $ - Agricultural Pavilion $400.00 x = $ - Entertainment Bldg. $100.00 x = $ - Concession Bldg. $100.00 x = $ - Ammenities per Event QTY Small Stage $50.00 x = $ - Tables $8.00 x = $ - Chairs $0.50 x = $ - Hoses/Sprinklers $20.00 x = $ - Light Carts $90.00 x = $ - Internet Access $100.00 x = $ - Tent IOx20 $200.00 x = $ - Picnic Tables $10.00 x = $ - Stage Risers $20.00 x = $ - Serving Carts $20.00 x = $ - Ammenities per day QTY Per Day Small Bleachers (1 st Day) $75.00 x x = $ _ Small Bleachers Addl. Days $25.00 x x = $ _ Large Bleachers (1 st Day) $325.00 x x = $ _ Large Bleachers Addl. Days $100.00 x x = $ - Stage with Canopy (I st Day) $1,100.00 x x = $ - Stage with Canopy Addl. Days $200.00 x x = $ _ Stage without Canopy (1 st Day) $600.00 x x = $ - Stage without Canopy Addl. Days $200.00 x x = $ - Fire Extinguisher $10.00 x x = $ - Golf Carts $70.00 x x = $ - Ammenities per week Marquee (1 st Week) $100.00 x x = $ - Marquee Addl. Weeks $50.00 x x = $ - 224 EXHIBIT A - Fairgrounds License Agreement Fees - Nonprofit Days Total FACILITY EXCLUSION $250.00 x = $ SUBTOTAL:_ $ - TAX: _ $ - TOTAL: _ $ - 25% DEPOSIT:_ $ - DAMAGE DEPOSIT:_ $ PAYMENTS Check No. Date Amount Balance Due: $ - POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x x IRSO Deputy Coverage $35.00 x x = $ _ TAX: _ $ STAFF TOTAL:_ $ - CAMPING # RV CAMPING $20.00 x = $ _ PRIMITIVE CAMPING $15.00 x = $ SUBTOTAL:_ $ - 7% TAX: _ $ - 4% TAX: _ $ - TOTAL: _ $ - Check No. Date Amount Balance Due: $ Date Quote Provided: Quote Provided By: ***Quotes are good for 15 days. No dates are held without a 25% deposit.*** 225 Exhibit B Indian River County Parks Division Fairgrounds Rules & Regulations 1. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 2. Security Plan: a. Festival events shall present a security plan to the Indian River County Sheriffs Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/License Agreement. b. Private groups/parties of 200 guests will be required to have a minimum of two (2) Law Enforcement officials. c. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc. d. The county will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel. 3. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Parks Superintendent or his designee. 4. Deposits: a. All buildings and facilities shall be left in the same condition it was received in. A cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Ag Expo Building should be left in a broom swept condition with any wet areas mopped and all garbage left in designated location. b. A damage deposit of no less than $500, refundable upon inspection of the property is required for every event. Deposit may be increased in the sole discretion of the County dependent upon number of attendees and events. i. Festivals require a damage deposit of no less than $2500. 5. Any signage visible from the road in any county right of way requires a permit from the Code Enforcement Division prior to placement. 6. No animals are allowed unless assisting the handicapped or the event is an animal related event. Animals are allowed in the RV area but must be on a leash (<6') or in a carrier at all times. 7. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division. 8. Under no circumstances shall any person remove any equipment or other items from the premises. 9. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. Fairgrounds License Agreement — Exhibit I Page 1 of 2 Initials <DA TE7 226 Exhibit B 10. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Parks Division Staff. Staff should be notified of any special needs of the Applicant. 11. Applicant agrees to hold the Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 12. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies. 13. All RV's are required to park in the designated RV area. There will be no parking of RV's in or around other facilities without prior approval of the Parks Division Staff. All RV's will be required to pay the daily fee for the campsite hook-up. 14. Insurance requirements shall be determined at the sole discretion of the Indian River County Risk Manager. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to the County no less than 30 days prior to the event. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disp6sal District and Florida Department of Business and Professional Regulation. RV Campground Rules 1. RV sites are not open to the public. 2. RV sites are used only during scheduled events. Only participants of the events may use the RV sites. 3. Alcohol is strictly prohibited within the Campground. 4. Animals are not allowed in Campground unless permitted by Parks Division. 5. Showers are to be used by registered guest only. 6. Only one (1) hook-up allowed per site. 7. Backflow preventers are required on all water connections at all times. 8. Proper sewer connections are required at all times. 9. Applicant is responsible to collect all fees from participants of their event. 10. Parks personnel will count each morning and will confirm count with the Applicant daily. 11. Fees are $20.00 per site plus 11% tax for a total of $22.20 each for full hookup. 12. Fees are $15.00 plus 11% tax for a total of $16.65 each for all dry camping. 13. Reconciliation for camping fees will be collected within 3 days of the conclusion of the event. 14. A separate check for camping fees is required. 15. Early arrival and late departure for events must be coordinate thru the Parks Division @ 772-589-9223 and camping fees will be collected separately. 16. Reservations are not accepted for campsites. Fairgrounds License Agreement — Exhibit l Page 2 of 2 Initials <DATE> 227 INDIAN RIVER COUNTY FAIRGROUNDS Fairgrounds Overview to.c. 1. 3/16/2016 2-27.1 3/16/2016 Total Fairgrounds Revenue 2006-2015 2006-2010 2011-2015 Total Revenue $372,900* $4811200* $600,000 $500,000 $400,000 $300,000 ■ 2006-2010 ■ 2011-2015 $200,000 $100,000 $ * Does not include Firefighter's Fair Revenue Source: Clerk's Office Fairgrounds Annual Revenue Comp. ■ 2006-2010 s 2011-2015 m2016 ■ 2017 $114,904 FY 2006-2010 Annual Average $96,240 FY 2011-2015 Annual Average , 9.6•, 240= 574,580 FY 2015-2016 Scheduled $76,459* Received to Date (Oct -Feb) _ = 1$38,445* + Alcohol Revenue + RV Camping * Does not include Firefighter's Fair Revenue # Events 20 23 29 Annual Average (SCHEDULED) Source: Clerk's Office & Parks Division Projection Lz1.2 Jan -Feb 2016 Fairgrounds Rentals Treasure Coast Citrus Classic Cortez Quinceanera Palm Bay Agility Dog Trials X 2 Zamarripa Wedding Annual Vero Beach Extravaganza Antique Show Vero Beach Military History Expo Indian River Dog Training Club Thunder on the Beach Pow Wow Vero Beach Home Show & Real Estate Expo Vero Beach Annual Prayer Breakfast Incidental Stage Rental Total Revenue Jan -Feb 2016 Includes Facility Rental Fees & Equipment Rental $2,257 $2,245 $9,185 $3,391 $10,600 $ 8,495 $ 3,647 $2,802 $ 6,477 $1,315 $1,275 $51,689 Booked Rentals for March -September 2016 ❑ First Church of God Easter Sunday Service ❑ Rotary Club Twisted Tail BBQ Cookoff ❑ Palm Bay Agility Dog Trials ❑ Vero Beach Golden Grads Reunion ❑ Sebastian River High School Prom ❑ Treasure Coast Kennel Club Dog Show ❑ Demolition Derby ❑ Indian River Dog Training Club X 2 ❑ 4H Annual Party ❑ Vero Beach Gun Show ❑ Norma Quinceanera ❑ Lopez Anniversary Party 3/16/2016 2.2-1.3 Fairgrounds Policy Manual —] Fairgrounds Policy Manual Insurance: Requires acceptance by the County Risk Manager 30 days prior to event. Reservations: Requires a 25% deposit of estimated facilities charges to secure a date. Allows for County to go out for RFP for highly competitive dates. Payment of Balance Due: Requires payment in full of balance due 30 days prior to event. Exclusivity: Option for Applicants to restrict similar event booking within 30 days. 3/16/2016 ZZ1,4 Fairgrounds Policy Manual Post Event Reconciliation: Allows for reconciliation and payment of alcohol sales percentage fees, incidental charges, additional staff or amenities within 5 business days following event. Event Cancellation: Allows a partial to full refund of reservation deposit up to 90 days prior to event. Security: Authorizes Staff to set the level of security for each event in consultation with the Indian River County Sheriff's Office. Fairgrounds Alcohol Permit Fees 3/16/2016 221.5 Fairarounds Alcohol Permit Fees Private • licensed vendor at no cost to guests - $500 per day For Profit • licensed vendor for a fee - 15% of gross sales Nonprofit • licensed vendor at no cost to guests - $400 per day • licensed vendor - 10% of gross sales • temporary liquor license - 15% of gross sales New Fees &Hours 3/16/2016 3/16/2016 New Fees &Hours New Fees Amenities ■ Golf Cart Rental ■ Portable Fire Extinguisher ■ Electronic Marquee Sign ■ Facility Exclusion Fee Food Service and Merchandise Vendors ■ Reserves the right to negotiate a merchandise vendor fee which may be collectable as a percentage of gross sales or a percentage of gross vendor fees charged by the Applicant. Hours ■ Hours of operation will expand to require shut down of events by midnight and vacation of premises by 1 am. may' -..>- "i?�z_v �•y�ly. ; _.,. _m, -A_.-7y 43'd ter++' S9' S.. --A.- •1�35h7 E{,jiE-J*l �" •+'�y4°Y^Esn'rr`w.'F�?ffiA(e !-'( Y • - ij In i i p m _ ___ _.. ... Recomenca_�_=- -= x T_ o Approve the attached Fairgrounds Policy Manual including template License Agreement and direct Staff to return to the Board with an updated fee structure and any recommended policy revisions within 6 months. General Services NN INDIAN RIVER COUNTY, FLORIDA ' C AGENDA ITEM Assistant County Administrator / Department of General Services Date: March 8, 2016 To: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator* Subject: Request for Approval of "Rocktoberfest" Festival License Agreement for Use of the Indian River County Fairgrounds with Clarification of the IRC Code Subsection 205.08(3). DESCRIPTION AND CONDITONS: Fully Involved Event Productions, LLC. ("Applicant") seeks to produce a music and entertainment festival event entitled "Rocktoberfest" to be held at the Indian River County Fairgrounds during the weekend of October 21' — 23`d, 2016 (the "Event"). The Event will include a compilation of different music genres featuring performances on two stages, spread out over a 3 -day festival. Friday will feature country music bands. Saturday will feature 80's tribute bands. Sunday will feature bluegrass music. Event Hours Proposed: • Friday, October 21 st - 3 p.m. until 11:00 p.m. • Saturday, October 22nd — 10:00 a.m. until 11:00 p.m. • Sunday, October 23rd— 10:00 until 10:00 p.m. The Event will offer various brands of beer and mixed drinks along with food &. merchandise vendors. The event is planning a Kid -Zone area with activities including bounce houses, zip -line, rock -climbing wall, and mini train rides. Advance ticket sales will be offered at an admission price to be determined. Parking will be free for this Event. In furtherance of recent policy updates recommended to the Board of County Commission, Staff has prepared a comprehensive Festival License Agreement to govern the terms and conditions of permitting this Event. The attached Festival License Agreement charges the standard for-profit rates for utilization of the fairgrounds presently estimated to total $5,483.75, which is due and payable 30 days prior to the Event. In addition to paying the standard rates for utilization of the facilities at the Fairgrounds, the Agreement charges additional fees equal to 15% of gross sales of all alcoholic beverages plus 15% of food and merchandise vendor booth fees collected by the Applicant. The Agreement requires the submission of Certificates of Insurance no less than 30 days prior to the event. The County Risk Manager has approved the insurance threshold levels. The Agreement has been approved by the County Attorney's Office as to form and legal sufficiency. The Applicant has secured the event reservation dates by tendering a $2,500 deposit. The Agreement is renewable for the same weekend in 2017, provided the Applicant tenders a new reservation deposit within 30 calendar days following the conclusion of the 2016 Event. F kAssistant County AdministratoAAGENDA ITEMS\2016\BCC 03 MARCH 2O16\13CC Memo - Approval of Roctoberfest License Agreementdoc 228 Indian River County Code Subsection 205.08(3) Festivals states, "Under no circumstances shall any person, firm, corporation or partnership operate any festival which will continue for more than one (1) eight-hour period without a twenty -four-hour rest period before any continuation of the festival." This Ordinance, on its face, appears to be impractical, as it would limit the second day of a 3 -day festival to 8 hours and/or eliminate the third day entirely. Staff proposes that to the extent that a legislative intent can be garnered from the plain language of the ordinance, a reasonable interpretation would require no less than a 30 -minute break in each eight-hour segment of the music festivities. RECOMMENDATION: Staff recommends: 1) Approval of the attached Festival License Agreement with authorization for the Chairman to sign on behalf of the Board of County Commission. Staff further recommends the Board to elect one of the following four alternatives: IA) Approval of Staff's interpretation of the Indian River County Code Subsection 205.08(3) allowing the Event schedule referenced herein to require one 30 minute rest neriod ner 8 hours daily; or 1B) Interpret Subsection 205.08(3) to limit all daily festival activities to 8 hours; or 1 C) Direct the County Attorney to engage the due process required to amend Section 205.08 or any subsection thereof to reflect to the Board's intent to regulate Festival hours; 1D) Abolish Subsection 205.08(3) with the understanding that all festival permits including the proposed hours of operation are required to come before the Board of County Commissioners for approval pursuant to Section 205.08(1). ATTACHMENTS: Indian River County Code Sections 205.07- 205.09 "Rocktoberfest" - IRC Fairgrounds Festival License Agreement Approved Agenda Item BY: Joseph A. Baird County Administrator FOR: March 15, 2016 Indian River County Approved nate Administration QW County Attomey Budget 3 io b Depwtwt fis / Risk Management F:\Assistant County Adminishator\AGENDA ITEMS\2016\13CC 03 MARCH 2O16\13CC Memo - Approval of Roctoberfest License Agreement doc 229 r PARKS AND RECREATION § 205.09 i Section 205.07. Sale and consumption of al- coholic beverages at Sandridge Golf Course. Notwithstanding the provisions of section 205.03(b)(26), the sale and consumption of alco- holic beverages shall be permitted at the Indian River County Sandridge Golf Club. The sale of such alcoholic beverages shall be permitted only by the vendor authorized by Indian River County to sell alcoholic beverages at the Sandridge Golf Club. No person other than the authorized vendor shall bring alcoholic beverages in to the Sandridge Golf Club area. (Ord. No. 92-31, § 1, 7-28-92) Section 205.08. Festivals. (1) No person shall stage, promote or conduct any musical or entertainment festival in the un- incorporated area of Indian River County unless he shall first secure from the board a special entertainment permit for said festival. (2) The permit required by this section shall not be issued unless the following conditions are met and the following plans submitted to the board. (a) A plan for adequate sanitation facilities and sewage disposal, approved by the county health officer; (b) A plan for parking facilities which are not within the area of the festival and a plan for the transportation of the patrons from said parking facilities to the festival area, approved by the county administrator; (c) A plan for adequate medical facilities, approved by the county health officer; (d) A plan for the provision of adequate secu- rity and traffic control in and around the festival area, approved by the sheriff of Indian River County; (e) Full disclosure must be made by the pro- moters to the board of the financial back- ing of the festival. and the names of all persons or groups who will perform at said festival; (fl Any other reasonable condition set by the board in its discretion. Supp. No. 94 205/5 (3) Under no circumstances shall any person, firm, corporation or partnership operate any fes- tival which will continue for more than one (1) eight-hour period without a twenty -four-hour rest period before any continuation of the festival. (Ord. No. 92-31, § 1, 7-28-92) Section 205.09. Sale and consumption of al- coholic beverages at desig- nated recreational facilities. Notwithstanding the provisions of section 205.03(26), the sale and consumption of alcoholic beverages shall be permitted at the Indian River County Fairgrounds and at the South County Intergenerational Recreation Center, provided the vendor first obtains a permit for such purposes issued by the department. The department may issue a permit for the sale and consumption of alcoholic beverages when it has been established that the following conditions have been satisfied: (a) The applicant holds all required state alcoholic beverage licenses; (b) The applicant has made adequate plans, and is ready, willing and able to imple- ment such plans, for security or police presence; (c) The applicant has obtained liability and any other insurance required by the county risk manager, and has provided certifi- cates evidencing such insurance, in amounts and all other respects acceptable to the county risk manager; (d) The applicant has met all other conditions determined by the department to be nec- essary to protect the health, safety and welfare of the residents of Indian River County, in light of the planned event or activity; and (e) The applicant has paid the required fee as established by the department. The permit described above shall be in addition to any other permit required for the event or activity, pursuant to sections 205.04 or 205.08 above. (Ord. No. 2012-037, § 2, 11-20-12) 230 INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: 2/29/16 Organization: Fully Involved Event Productions, LLC Address: 1585 78`" Avenue City/State/Zip Code: Vero Beach, FL 32966 Name of Event: Vero Beach Rocktoberfest Load -In Date/Time: 10/19/16 — 7am License Duration: October 19-24, 2016 Contact Name: Wayne Howard Phone: 772-766-3083 E -Mail: fullyinvolvedeventproductions@gmail.com Expected Attendance: 4000+ Load -Out Date/Time: 10/24/16—11:59pm 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 Fully Involved Event Productions LLC (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), section 205.08 (Festivals) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, 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: 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 Fairgrounds LI -cense Agreement Page I of 12 Initials k4-tt 317116 231 I. Facilities a. o Acreage ❑ 0-5 ❑ 6-10 o l l -40 ❑ 41+ b. ❑ Expo Center C. o Expo Open Air Pavilion d. ❑ Agricultural Pavilion e. o Entertainment Building f. ❑ Cook Shed g. ❑ RV Hook-up II. ❑ Amenities o Large Bleachers o Small Bleachers ❑ Small Stage ❑ Stage Risers #(1-6) o Trans -Stage ❑ without canopy ❑ 10X20 Tent # o Light Towers ❑ Picnic Tables ❑ Hoses/Sprinklers ❑ Serving Carts ❑ Tables (30"X96") w/chairs# o Marquee # weeks 3 ❑ Internet Access ❑ Golf Carts # ❑ Expo Pavilion Curtains o with canopy ❑ 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 o Indian River County Sheriff's Deputy Coverage IV. Permits ❑ Fairgrounds Use Permit o Alcohol Permit o Festival Permit V. Fees ❑ Sole Facility Use Fee Fairgrounds License Agreement Page 2 of 12 Initials UJI4 317116 232 2. Applicant may use and have access to the Premises for a period, commencing at lam , on the 19th day of October, 2016, and ending at 11:59pm, on the 24th day of October, 2016, ("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 A ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the Vero Beach Rocktoberfest (the "Event"), a music themed festival. a. The Event may include the following activities: live music, food trucks, merchant vendors. small train rides for children and bounce houses. b. The hours of the Event shall be: Friday, October 14, 2016 from 3pm-1 1pm, Saturday, October 15, 2016 from l Dam -11 pm and Sunday, October 16, 2016 from l Dam- l Opm. c. The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by 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 change may result in a modification of the insurance requirements set forth in B. 17. 2. County agrees not to schedule another music themed festival within 30 days before or after this Event unless the Applicant signs a waiver stating permission to proceed with another music themed festival event as disclosed. 3. The Applicant shall have first right of refusal for October 18-23, 2017, and will have 30 calendar days from October 24, 2016, to provide a security deposit which shall be a minimum of 25% of the Fairgrounds License Agreement Fees Schedule in effect at that time to the County to secure the 2017 date. If the Applicant fails to provide the security deposit as described within this section; the Applicant forfeits the reservation of these dates. 4. 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 $5,483.75, 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, $1,370.94 ("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. (b) A Damage Deposit of $2,500.00 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 Fairgrounds.ticense Agreement Initials w Ltt Page 3 of 12 317116 233 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 Damage Deposit, to the extent unused, shall be returned to Applicant. (c) Applicant shall pay 15% of the gross sales of alcoholic beverages, including beer, wine and liquor as determined by 1. or 2. or a combination of 1. and 2. as described below: 1. County shall provide sequentially numbered tickets to Applicant which shall serve as the exclusive currency for the sale of all alcoholic beverages, including beer; wine and liquor at the Event. The total amount owed to the County shall be determined based upon the sequentially numbered tickets not returned to the County during the License Duration. 2. The total amount owed to the County shall be determined based upon the Applicant's use of an electronic method of retail checkout at every point of sale, which tracks the total sales of alcoholic beverages, including beer, wine and liquor. The County shall have the right to inspect the electronic method of retail checkout at any point during the License Duration. County reserves the right to inspect the alcohol vendor's distribution points, point of sale receipts, tickets collected and inventory at any time during the License Duration. The Applicant shall make the payment within three (3) business days of the conclusion of the Event as described in B.l .b. (d) Applicant shall pay 15% of all fees charged to concessionaires, including but not limited to food and merchant vendors. This fee shall be paid to the County within three (3) business days of the conclusion of the Event as described in B. l .b. 5. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic control or due to other public safety issues. 6. 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). 7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), 205.08 (Festivals) 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, festival 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, Fairgrounds License Agreement Page 4 of 12 Initials W L� 317116 234 adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 8. The County shall have the right 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. 9. 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. 10. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: a. The hours of event production and sound checks utilizing amplified sound in the Fairgrounds are restricted to: i. Sunday thru Thursdays from 10:00am-6:00pm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from loam-10:59pm with a minimum of one thirty (30) minute intermission. b. The starting hours listed above may be adjusted to begin earlier upon approval of the County. c. The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. d. Stage construction must be approved and inspected by the County. 11. 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. 12. 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. 13. 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. Fairgrounds Li ease Agreement Page 5 of 12 Initlais ff 317116 235 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. 14. 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, Fairgrounds License Agreement Page 6 of 12 Initials �iJ t, N 317116 236 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. 15. 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. 16. 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 at the Event. The Applicant shall also agree to indemnify the County and County's members, officials, officers, employees and agents against all charges, expenses and costs incurred on account of or by reason of any such injuries, damages, liability, claims, suits or losses and all damages growing out of the same. 17. 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: i Schedule Commercial General Liability - No more restrictive than :ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, land blanket contractual liability, and host liquor liability) Limits $1,000,000 Each Occurrence Combined i Single Limit i --------------------------------------=----------- ------------------------------------------- ;(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 i $500,000 Combined Single Limit t non -owned) - - - - - - --- - ----------- - - - Fairgrounds Li nse Agreement Initials Page 7 of 12 317116 237 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 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 Florida Statutory Coverage ` - 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 §§ 6881 et seq.) where activities include liability exposures for ' events or occurrences covered by Federal statutes. ;Employer's Liability 1$100,000 Each Accident $500,000 Disease Policy Limit 11 $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, andRisk 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: Sexual Molestation Liability 1$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 $1,000,000 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. Fairgrounds Li Knse Agreement Page 8 of 11 Initials mil L 317116 238 (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. (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. Fairgrounds LiIcnse Agreement Page 9 of 12 Initials—IA L R 317116 239 (1) Applicant is required to immediately notify the County of any incident, accident; occurrences and/or claims made in connection with the Event. 18. 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 than 45 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. 19. 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 andany 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. 20. 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.4.(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 Duratioh will forfeit the Event Deposit collected under Section B.4.(a). 21. 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. 22. 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 Fairgrounds License Agreement Initials W � 0Page 10 of 12 317116 240 misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. 23. Applicant acknowledges receipt of and agrees to comply with the Fairground's 'Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference. 24. 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. 25. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises. 26. 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. 27. 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. 28. 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. 29. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 30. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 31 . 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: Indian River County Fairgrounds Lifense Agreement Page 11 of 12 Initials 0L" 241 317116 Parks Division 5500 77h Street Vero Beach, FL 32967 Email: mzitoaircaov.com, cc bpowell(,-_D v.com Applicant: Fully Involved Event Productions, LLC Wayne Howard 1585 78`h Avenue Vero Beach, FL 32966 isparks cr irc�ov.com, dfleetwood@ircgov.com, Email: fullyinvolvedeventproductions@gmail.com 32. 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. 33. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this _ day of FULLY INVOLVED EVENT PRODCUTIONS, LLC: By W 44-aJ Signature 611�W&-- A. Tyle/Print Name M4 -7'4 66V Title Fairgrounds License Agreement Initials BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA LIM Bob Solari, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk fpproved as to Form and Legal Sufficiency �15ylan Reingold, County Attorney Page 12 of 12 317116 242 Ia.c.2. 3/16/2016 �LORO)"" V ER r,\ INDIAN RIVER COUNTY FAIRGROUNDS \�LORIO j C qq)4 Rocktoberfest Event Details ❑ Fully Involved Event Productions, LLC. seeks to produce a music and entertainment festival event entitled "Rocktoberfest". ❑ Compilation of different music genres featuring performances on two stages, spread out over a 3 -day festival. ❑ Event Hours Proposed: Friday, October 21 st - 3 p.m. until 11:00 p.m. Saturday, October 22nd — 10:00 a.m. until 11:00 p.m. Sunday, October 23rd — 10:00 until 10:00 p.m. Terms of the License Agreement ❑ >25% of Deposit Received - $2,500 ❑ Projected Facility Fees = $5,500 + 15% of gross alcohol sales + 15% of vendor/merchandise rental fees 19. 0. 2. 3/16/2016 zqa- 2- Festival Ordinance 205.08(3) 205.08(3) Under no circumstances shall any person, firm, corporation or partnership operate any festival which will continue for more than (1) eight-hour period without a 24-hour rest period before any continuation of the festival. (Ord. No. 92-31, Sect. 1, 7-28-92) Recommendation Staff recommends: 1) Approval of the attached Festival License Agreement with authorization for the Chairman to sign on behalf of the Board of County Commission. 3/16/2016 Z4�- 3 Festival Ordinance 205.08(3) ❑ 1 A) Approval of Staff's interpretation of the Indian River County Code Subsection 205.08(3) allowing the Event schedule referenced herein to require one 30 minute rest period per 8 hours daily; or ❑ 1 B) Interpret Subsection 205.08(3) to limit all daily festival activities to 8 hours; or ❑ 1 C) Direct the County Attorney to engage the due process required to amend Section 205.08 or any subsection thereof to reflect to the Board's intent to regulate Festival hours; ❑ 1 D) Abolish Subsection 205.08(3) with the understanding that all festival permits including the proposed hours of operation are required to come before the Board of County Commissioners for approval pursuant to Section 205.08(1). wo -� INDIAN RIVER COUNTY `* ORlFAIRGROUNDS \ �LO�'-' 3/16/2016 19a- � Date: March 7, 2016 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Intergenerational Recreation Center Operationa*1an Recreation is e 3a_ DESCRIPTION AND CONDITIONS: As part of the continued development of Richard N. "Dick" Bird Regional Park, and in response to the growing demand for an indoor recreation facility, Indian River County is nearing completion of the Intergenerational Recreation Center Project. Substantial completion is projected for May 22, 2016, with a Certificate of Occupancy projected for July 1, 2016. The Intergenerational facility will accommodate recreational and wellness programming, as well as invitational tournaments, community exhibits, trade shows, and sporting events sponsored by the Recreation Department, Historic Dodgertown, and the Treasure Coast Sports Commission. The Center will also be attractive to youth and senior service organizations, private event lessors, and educational seminars. Staffing will be provided by the existing employees of the Recreation Division of the Department of General Services, which will be relocated on site to conduct programming activities in addition to all business operations currently performed by the Division. The Operational Plan proposes four (4) new positions to staff the daily operations of the 40,000 square foot facility including a Venue Manager, Trades Worker I, Recreation Leader, and Business Support Specialist. The Center will operate 7 days a week excluding County recognized holidays unless hosting a special event. As an intergenerational facility, the Center will be primarily occupied by our senior population during the day, available to students after school, and serve the needs of new and existing recreational programming at night and on the weekends. Additionally, the County's sports and entertainment event marketing systems will prioritize attracting tournaments and special events to generate revenue for the facility as well as supplement the economic impact of sports tourism which has realized a continuing growth pattern in recent years. FUNDING: Facility operations and maintenance will be funded out of the Recreation Division's Annual Budget. Annual operating costs are estimated at $149,004 for fiscal year 2015/16, while $150,000 F•\Assistant County AdministWor\AGENDA ITEMS\2016\BCC 03 MARCH 2O16\13CC Memo - Intergenerational Recreation Center Operational Plan.doc 243 has been budgeted. Expenses will be partially offset by revenues that are anticipated to be $47,277 in the current fiscal year. The first full year of operation, fiscal year 2016/17, is anticipated to bring in $141,830 in revenue and incur $350,473 in expenses. Partial funding in the amount of $74,310, will be provided from the existing Recreation budget, therefore the impact to the MSTU Fund will only be $276,163. The proposed budget is presented in Appendix E of the Attached Operational Plan. ;::•t -- 4 u June: 2:016:.... -J. =7 :, ::: Administration t� n e'. -: :: _ ``Se :n_' FfY 2:016%1.7`` _ Bud et ,•;-' :tembeirv° �- is Risk Management Total Revenue $479277 $1419830 _' ter; ...,i'.'�'.'r , s •. `.ir i.'4: `.".tom' . i>' , �� ,S. �'. •- �,t,.jl'":f: :,t•�` _ �k'_ . : -.:,r.: •:r� - .>� �.r;_ t.... N ,-.rc,.-:.::: ,-_ ��.-,,..z-..� . i.__ : �;,r:.. - --� :r-'.:� ; � Ce .�'.i`�n if _�'. ��` Ju ries 201.6-��. �_ y }.• f.-+ - -- - .y'' 'iT' „�; 'i��,. - '; `tG�_ �P�:. =�: �ti.. •`.y.• ,,� .. _.:�<_ Pro�ecfed:�Ex� uses. :L?. ..Y'. .4;: 20'1`6L17.:::.a::>. :z ...Se` stein ber.2;.016us - Personnel $75,557 $190,133 Operating $73,447 $160,340 Total Expenses $1499004 $3509473 RECOMMENDATION: Staff recommends approval of the Intergenerational Recreation Center Operational Plan. ATTACHMENTS: Intergenerational Recreational Center - Operational Plan Approved Agenda Item B&CountypAdministrator X -e&� A. Baird For: March 15, 2016 Indian River County ApWoved Date Administration . W-10 County Attome •_ o - Bud et 3 / Department is Risk Management F•\Assistant County Administrator\AGENDA ITEMS\2016\13CC 03 MARCH 2O16\13CC Memo - Intergenerational Recreation Center Operational Plan.doc 244 M M InteMenerational Recreation Center ��� l��l.f{' Nom_! , 1 � �' � � �'V _ . s Qt. 't ���j�• ,,t _ OPERATIONAL PLAN Vision and Mission Statement The Intergenerational Recreation Center is Indian River County's response to the growing demand for an indoor recreation facility. Its mission is to provide a state of the art facility featuring diverse recreational programming to serve residents and user groups of all ages. This facility will allow the County Recreation Division to generate programming and events previously unavailable to County residents and tourists such as hardwood court basketball, volleyball, gymnastics, martial and performing arts, large seminars, gaming tournaments, virtual recreation, and celebratory assemblies. The I.G. center will permit the County to expand its recreational programming services and provide another community venue with rental options available for a variety of, competitive, educational, social, and philanthropic functions. The Intergenerational Recreation Center will be the latest addition to the growing inventory of venues, which together with our attractive tourist amenities, will support the branding of Indian River County as "Your Sports Destination Paradise." 245 Intergenerational Recreation Center Indian River County North County Sports Destination Regional Park Baseball / Softball Facilities Soccer ®ri AIA , �..Ttc North County Pg4Wr Aquatic Center FFaunds I Co 'rg Fairgrounds < Swimming un Park S Public Shooting Range Soccer C Shooting Sp oris 0 rts B(PO Center Sandridge Golf Club Historic Dodgertown G611 Multi' Sport Gifford Park Stay Play Train Facility Football Little League it— Baseball C C ?4 16TH Street r-9 BalMelds Baseball N Dick Bird South County Park w Lacrosse S Baseba 11 GO 11AIZOI! Softball 2 246 Intergenerational Recreation Center Amenities When compared to similar recreation facilities in neighboring cities and counties, the Intergenerational Recreation Center will compete to attract a wide variety uses and events. The facility will either meet or exceed what other similar facilities currently offer and provide an edge in the competitive market to attract user groups and event makers, as well as the general public. The Center will feature a gymnasium with 2 full-size hardwood basketball courts including one championship court. The courts will include in -floor volley ball net systems for easy conversion and turnover, bleacher seating and a dedicated concession room. The center will also feature two dividable multipurpose rooms, a heating kitchen, a special multipurpose room accented with bamboo flooring and decorative lighting, and a game room, which can be adapted for specialized rentals. Other amenities include covered walkways, an outdoor gathering area, and a paver designed sitting area between the buildings. As an added amenity, the Center will feature eight computer stations for public access to the internet, as well as the County's Library catalogues and E -Research systems. The Center is fully ADA accessible to attract athletes and spectators of all abilities. Set below is a table of similar local facilities and their offerings: A sample brochure featuring the amenities at the I.G. Center is attached as Appendix A. A sample Floor plan /Layout is attached as Appendix B. 247 Recreation Center Comparison - Building Components Vero Beach IRC Inter.;'--;- Ft. Pierce West Pa/m South Beach- IRC Community _generatia" . _ Fenn Center Burns Road - . ,., _ ,Brevard Fairgrounds Center Total Square 62k Under Footage 39k Under Air Air 40k Under Air 18k Under Air 20k Under Air 10k Under Air (1) Gym -3 Gymnasium (1) Gym -2 courts courts/ (2) Gyms/ (1) Gym/ (1) Gym -2 No /hardwood floor Synthetic synthetic synthetic floor courts/ floor floor portable floor Multi -Purpose Rooms (7) Rooms (6) Rooms (4) Rooms (6) Rooms (1) Room (3) Rooms Kitchen Prep Kitchen Yes Yes Prep Kitchen Prep Kitchen Yes • Mon -Th 9am- • Mon -Fri 9- • Mon -Th • Mon & Wed 10- • Designated • Mon -Fri 9- 9pm 5pm 7:30-8pm 7:30pm by approved 5pm • Fri -Sat 9am-5pm • After • Fri -7:30- • Tue & Th — 10- rental • After Hours of • Sun 12-5pm Business 6pm 8pm Business Hour Operation • After Hours Hour Rentals • Sat 8-5pm • Fri 10-6pm Rentals Rentals & • Sun 10-5pm • Closed on Programming Weekends Program vs Programs and Programs and Rental Rentals Rentals Rentals Rentals Rentals Rentals A sample brochure featuring the amenities at the I.G. Center is attached as Appendix A. A sample Floor plan /Layout is attached as Appendix B. 247 Intergenerational Recreation Center Marketing Strategy Staff's first priority is to serve the residents of Indian River County. A marketing brochure will display the various programs, facilities, and rental opportunities available to the public. The brochure will be disseminated to the general public as well as targeted user groups well in advance of the grand opening. The goal is to have reservations in place on day one, and thereafter to develop new and existing user groups with a variety of market outreach campaigns including email list serves, social media, referrals, and traditional print media. One of the most effective marketing tools will be the electronic signage placed at the Oslo Road entrance. With over 15,000 cars passing by every day, the scrolling illuminated message board will provide a steady reminder of upcoming events, programming, and rental opportunities at the Center. Staff will also create a specialized marketing media kit to distribute to event makers, coaches, user groups, hotels, and the Treasure Coast Sports Commission. This brochure will highlight the Center's amenities, the surrounding sports venues, and various tourist attractions in Indian River County. The plan also features Historic Dodgertown as the premier stay play and train sports destination. Athletes engaged in competitive sports tournaments at the Center can enhance their experience by residing,at Historic Dodgertown in a professional sports themed housing, dining, and training environment. Contacts with event makers that previously overlooked Indian River County as a sports destination will soon be revived. The plan will target these event makers to visit the Center with the allure of featuring Indian River County as a sports destination paradise. Most recently, this strategy has been applied to the Fairgrounds Exposition Building to attract a regional gymnastics event held in January of 2016. Social media campaigns will target our audience through mediums such as Facebook, Twitter, Linkedln and Instagram to penetrate the market. The campaign will be further enhanced by direct contact through strategically placed mail campaigns. Additionally, the County Recreation Division's Event Coordination team will continue to develop its increasing role in synergizing the recruiting efforts of the sports tourism industry including partnerships with several marketing partner organizations. The plan calls for producing promotional marketing and social media campaigns in house which can be budgeted at nominal cost. ANTEWC-R:A7lCj\ill 1Z1. AU-1-ATIO; CUNNI TR IISA�lW It lU' - - �S772�yt Q32 wi:irrrr�_rrnn � -®O, `p 4 248 Intergenerational Recreation Center Pricing Comparators 249 IRC Intergenerational Fenn Center Burns Road (Proposed:fees) (Port St. Lucie) (West Pa/m;Beach) Dimensions/ Pricing Non- Dimensions/ Prang Non- Dimensions/ Res. Non - Sq Ft Profit Sq Ft Profit Sq Ft Pricing PRcjrt 9 Gymnasium 95 x 122 / $125 ph + 25% 198 x 122 / $125 ph + 25% $125 ph + 11,590 tax* OFF 22,740 tax OFF tax ph +7t x Multi- 31 x 37 / $75 ph 25% 39 x 30 / $50 ph 25% 45 x 23 / $75 ph $225 Purpose 1 1,147 + tax OFF 1,170 + tax OFF 1,035 + tax ph + tax Multi- 31 x 37 / $75 ph 25% 41 x 27 / $50 ph 25% $65 ph $195 Purpose 2 1,147 + tax OFF 1,107 + tax OFF + tax ph + tax Multi- 18 x 36 / 648 $25 ph 25% 42 x 27 / $50 ph 25% $65 ph $195 Purpose 3 + tax OFF 1,134 + tax OFF + tax ph + tax Multi- 28 x 36 / $55 ph 25% 42 x 27 / $50 ph 25% $50 ph ' $150 Purpose 4 1,008 + tax OFF 1,134 + tax OFF + tax ph + tax Multi- 28 x 36 / $55 ph 25% 56 x 41 / $75 ph 25% Purpose 5 1,008 + tax OFF 2,296 + tax OFF Multi- 28 x 36 / $55 ph 25% 57 x 40 / $75 ph 25% Purpose 6 1,008 + tax OFF 2,280 + tax OFF Multi- 34 x 37 / $85 ph 25% Purpose 7 1,258 + tax OFF *Other Pricing Variables May Apply w/ Gymnasium south eeac'h' , Brevard - IRC Fairgrounds VB Community Center Dimensions/ Pricing Non- Dimensions/ Pricing Non- Dimensions/- County -C}ty S4 Ft Profit f 5 q Ft Profit fi Sq Ft Pricing Pricing Gymnasium $60 ph $45 ph 100 x 152 / $125 phX $85 ph + tax + tax 15,200 + tax t Multi- $20 ph $15 ph 48 x 53 / $25 ph $20 ph Purpose 1 + tax + tax 2,554 + tax + tax Multi- $20 ph $15 ph 46 x 40 / $20 ph $14 ph Purpose 2 + tax + tax 1,840 +'tax + tax Multi- $20 ph $15 ph 48 x 30 / $20 ph $14 ph Purpose 3 + tax + tax 1,444 + tax + tax Multi- $20 ph $15 ph Purpose 4 + tax + tax $30 ph $22.50 Multi- ph + Purpose 5 +tax tax $30 ph $22.50 Multi- ph + Purpose 6 +tax tax Multi - Purpose 7 249 Intergenerational Recreation Center Operations Keeping in stride with Indian River County's commitment to maximum operational efficiency, the Recreation Division intends to open the new facility at minimal staffing levels. In time, staffing levels may be adjusted to grow with the utilization of the facility. The Recreation Division will relocate its operational headquarters to the Center. It will relocate 6 existing full time employees, 2 part time employees and 4 temporary student positions from the County Administration Complex to perform their existing duties out of the Center. Although several of these employees primarily perform their existing duties in the field, their presence at the Center when not in the field will be an asset to the manpower challenges presented in this plan. Moreover, relocation of the Division's management, operational, and business affairs to the Recreation Center will ultimately reduce the number of new hires needed. Additionally, the staffing plan includes the utilization of several volunteers to assist in the coordination of programming as well as providing coverage at the information desk and reception area. Relocating the existing employees to the Center will challenge them with additional duties, however, their presence on site will create an economy of scale to reduce operational costs. For example, the Division currently runs 2 basketball seasons out of the Fairgrounds Expo Building and various local middle schools. These programs and their attending employees will now be organized and operated within the Intergenerational Recreation Center. To facilitate the Center's 68 hour, 7 day, year round operating schedule, the County will need to initially hire at least 4 additional employees. The new employees will be titled as follows: Venue Manager: This employee will be responsible for the oversight of daily operations, programing, reservations, special events, sponsorships, scheduling, volunteer coordination, and general facility management functions. 2. Recreation Leader: Will be responsible for day to day programming functions and frontline interaction with the public. 3. Tradesworker I: Will be responsible for general maintenance, custodial, preparatory, set up and break down services. 4. Business Support Specialist: Will provide administrative assistance to the Venue Manager including scheduling, business affairs, invoicing, purchasing, outside sales, and volunteer coordination. A proposed organizational chart for the Intergenerational Recreation Center is attached as Appendix C. A sample Reception/Information Desk schedule is labeled as Appendix D. Projected Revenue and Expense estimates are collectively attached as Appendix E. 250 Intergenerational Recreation Center Appendix A VACALIT), R E N'l Al S Thr Indian Rjr(,,i C.11111'. 1111elgelkel.- ationli Re.cl-C.Atir'll .killable I,- acco- errata or luntinu� you ale hAvilig \N. llethel \(III Ale pi'llilling ;' collin- L-MV lifeelklIg, A senjulal fol n 11011protit group or a civir "Iv.laz2- lion mectille Iho. Recreation Cem,.i roolli` Alegleat VenitleIQ !et"V VMI and 1'(1111 guest'. The Inge multipurpose 100.11s a1*0 available A]", im wedding, fecq)tiolls' halupwl' :md PAI -Ii" �'..j,&'rFAG.ENERAT.1ONA1- -kiEt: R 1-7"A'r.TON CENTER 7 251 Intergenerational Recreation Center Appendix A -continued 1'ACILITY RLN 1'ALS The hldian River Cumm, lutrrerurlatiwlal Recre a6mi Cr»ter hay rooms a+Ailablr to acco- mudaty moat r+'rnts or li»rlio»� roll arr ha\ irlg. \C hr -then �uu aw planning a e"rpuc»e nlealrng, a scrni»al for a »o»plutit gl.wp „r a ricin. urganlzation needing the Recreation C�itrr loomrc s aSI-cal r cal cnnns n-, srr\'1.011 and crnlr guests. The largr. Ili] inpnrpusr 180111 121 1. acid. -di r. alvl tfn Nvcddings lerrpnon , hrimprts and parries. r� tr- '� ` :n= Fur lin'tIIry rnlinilia Liu I, aliinu acailabilitr ur policies and prcwedllrr . cunta�ihe Recreation Dvpal nrlr»t at (772) 226-1732. • Touruafnr.ut� _ ilf .. 1Y� Shue er, _�r,=1p' 1� .1 t •\rrillerball.�- • 7tJlllh 1"(:ag11CS ' Pnrrms Night Out • Low hnpact Lxcercise l- 1'ACILITY RLN 1'ALS The hldian River Cumm, lutrrerurlatiwlal Recre a6mi Cr»ter hay rooms a+Ailablr to acco- mudaty moat r+'rnts or li»rlio»� roll arr ha\ irlg. \C hr -then �uu aw planning a e"rpuc»e nlealrng, a scrni»al for a »o»plutit gl.wp „r a ricin. urganlzation needing the Recreation C�itrr loomrc s aSI-cal r cal cnnns n-, srr\'1.011 and crnlr guests. The largr. Ili] inpnrpusr 180111 121 1. acid. -di r. alvl tfn Nvcddings lerrpnon , hrimprts and parries. r� tr- '� ` :n= Fur lin'tIIry rnlinilia Liu I, aliinu acailabilitr ur policies and prcwedllrr . cunta�ihe Recreation Dvpal nrlr»t at (772) 226-1732. • Touruafnr.ut� _ ilf .. 1Y� Shue er, _�r,=1p' _ 1 • Bir(hdar Parne, ••'�-. • Fanners �[arket U.. FRONT VIEW Sra:unal Evrutt ^' - --_ e--.Dimerilons Ft_ ', _Codd - ilunnersar}° 1'arncs .� BACK VIEW Gymnasium 95 x 122/ 11'90 793 t \ICCilllg5 n .t 1;M Multi- ur ose• P P 31 x 74 / 2,294 176 Ur•garllzatioi s + �- Game k, ,r Room 18,x 36 %648 45 Multi Purpose" 28 x 108 / 3,024 217 �' Multi Purpose 34 x 37 / 1,258 82 'l ici}att0(;r\ie`e[iili 5 r rj. .'_>• _ s"13ilsiiu s t\1''retiiigi'..~�• •' s _ *Can besplit p into 0 2 rooms. **Carl be s lit into 3 rooms. t„ClroCes All applicable Irrl do unl i ,elude las, and rrllain G - '•1:- `•7� _ •- - �t -`'�` el'l•ltl l+(•[II1113 lellllll'(' illlltllpll' Clef. 2 - �(.�fil llf 9le of wsllranr, of v Cal'r A,k f(n detad� 8 252 Intergenerational Recreation Center Appendix B Indian River County Intergenerational Building Floorplan/Layout - Use of Space it lti ;� ° � is `•\ � _ a• * Is -i- ° -'- ..'ti •- Qo ' .t i E 101 Staff Assistant 119/123 - Storage 116 - Staff Assistant . 120 - Manager ■ 117 - Coordinator ❑ 122 - Conference Room ® 118 . Sports Tourism ■ 121 - Cubicles 9 253 Intergenerational Recreation Center Appendix C IRC Recreation at I.G. Recreation Center Recreation Manager Staff III Staff I Athletic Aquatics Ocean Intergenerational Rescue Recreation Centel Coordinator Manager Captain AAana r • = Existing Marketing ' Event Coord. ' = NEW r r r i r r r r r ' TCSC Tradesworker I 10 254 Intergenerational Recreation Center Appendix D I' INTERGENERATIONAL RECREATION CENTER Mock Summer Schedule GYM # 141 Multi -Purpose # 112 GAME ROOM # 125 Multi -Purpose # 131 ACTIVITY ROOM IN 1351 (CAN BE SPLIT INTO TWO ROOMS) (CAN BE SPLIT INTO THREE ROOMS) Monday A - 1/2 Day Camps A - Story Time Prgrm - Library A - Bridge Class A - Zumba Fitness Class jP - Camp Renta) ; j j 1 i !P- Bingo E -Volleyball Prgrrtis E - Cheer & Dance Class E - Youth Organization E - Stretch & Tone Class Tuesday A _ 1/2 Day Camps A - Deposition/ Pre Trial A - Beginning Art Prgrm A - Yoga Class jP - Camp Rental I j j IP - Quilting Class E - Basketball Prgrms E -Youth Organization Wednesday A - 1/2 Day Camps A - Story Time Prgrm - Ubrary A - Bridge Class A - Zumba Fitness Class IP - Camp Rental ;P - Oslo Civic Meeting I I; I j E - Volleyball Prgrms - E- Stretch and Tone E - Youth Organization E -Cheer Dance Thursday A - 1/ 2 Day Camps 1 A - Financial Planning A - Beginning Art Prgrm Tp—camp Rental j j j JA - Story Time Library j j i IP -Civic Org luncheon E - Basketball Prgrms E - Youth Organization E Yoga Class I ' j j l ii Ij Friday A - 1/2 Day Camps A -,Zumba Fitness Class jP - Camp Rental I IP - Quilting Class ; �A - Bingo 'E - Basketball Prgrms Saturday All Day Team Meeting Tournament A- Set up Smith Re -Union IAAU Basketball ; l Rooms Admin j !P- Smith Family Re -Union 1 I Tourney Room 'I 'I jl II Sunday All Day Team Meeting Tournament (AAU Basketball ; Rooms -T Admin Tourney Room A- A.M. Ii i l j 1 1 P - P.M. E - EVENINGS 11 255 IF - I 70- 0-.a■ -ME -- 140F 1 ■7-1— 01 Intergenerational Recreation Center Appendix E Gi no $ 7;277 $141;830 ...... ; $75557 • � $190,133 - --- __ . L ! o • $73;447 $160,340 ` vs" ftGwa�o $1.49,004'. ..... . ' .$50.;473. ' 13 257 Intergenerational Recreation Center Appendix E -continued Proposed Operating Expenses Inter -Generational Complex Proposed Existing DEC IG (115) Athletics (108) Revised (108) 033190 Other Professional Services $ 10,000 $ 58,500 $ 48,500 034010 Vehicle Allowance $ 0 $ 780 034020 All Travel $ 1,000 $ 2,000 034020 Telephone $ 2,000 $ 4,008 $ 2,008 034190 Other Communications $ 1,000 $ 1,680 034210 Postage $ 500 $ 300 034310 Electric Services $ 50,000 $ 90,000 $ 70,000 034320 Water & Sewer $ 5,000 $ 7,500 034330 Garbage and Solid Waste $ 3,840 $ 1,500 $ 500 034510 Automotive Insurance $ 0 $ 3,800 034630 Maintenance - Office Equipment $ 900 $ 1,800 034640 Maintenance - Auto Equipment $ 0 $ 3,250 034660 Maintenance - Struct. Except Buildings $ 6,000 $ 8,831 $ 2,831 034690 Maintenance - Other Equipment $ 6,000 -$3,000 034720 Outside Printing $ 5,000 $ 9,650 034810 Advertising/ Except Legal $ 3,000 $ 3,300 034970 Licenses and Permits $ 200 $ 530 035110 All Office Supplies $ 2,800 $ 3,700 $ 900 035120 Computer Software $ 2,000 $ 2,271 $ 271 035210 Fuel and Lubricants $ 0 $ 5,000 035240 Uniforms and Clothing $ 1,500 $ 4,050 $ 2,550 035250 Institutional Supplies $1,500 $ 400 035260 Expendable Tools $ 1,000 $ 500 035270 Medical Supplies $ 500 $ 500 $ 0 035290 Other Operating Supplies $ 4,500 $ 6,755 $ 2,255 035410 Books - Magazines $ 100 $ 100 $ 0 035420 Dues - Memberships $ 1,000 $ 2,000 035430 Tuition / Registration Fee $ 1,500 $ 2,000 035610 Food $ 3,000 $ 5,000 $ 2,000 035680 Credit Card Fees $ 1,200 $ 2,300 036690 Refunds $ 100 $ 100 036830 PC Maintenance Expense $ 400 $ 240 $ 160 041110 Special Events $ 10,000 $ 29,000 $ 19,000 041120 Athletics $ 10,000 $ 65,000 $ 55,000 041130 Summer Camp $ 5;000 $ 4,000 $ 1,000 044710 Communication Equipment Maintenance$ 1,000 $ 2,000 $ 1,000 Custodial $ 24,000 $ 0 Total $ 160,340 $ 335,255 $ 260,945 *** Out of the 115 proposed budget of $ 160,340, the amount of $ 74,310 is existing money from 108 14 258 Intergenerational Recreation Center Appendix E -continued Title Min -Max Job Wages Benefits TOTAL Venue Manager $48,733.00 - $72,063.37 E-11 $53,606.00 $ 19,469 $73,075 Business Support $26,293.76 - N-09 $26,293.76 $ 15,380 $41,674 Specialist $39,475.89 YG Usage $ 21,780.00 TOTAL TENANT Projected Recreation Leader $22,741.37 - $34,123.49 N06Z $22,741.37 $ 14,732 $37,473 Maintenance $23,110.31- L05 $23,110.31 $ 14,801 $37,911 Worker $34,653.08 TOTAL: $190,133 Combined Budget & Staff Proposed Budget $ 160,340.00 Additional Staff Budget $ 190,133.00 Program $ TOTAL $ 350,473.00 Revenue Projections 12 Months Rentals in Rooms, Events, Gym $ 53,010.00 Program $ 47,840.00 Additional Revenue: Concessions, Vending & Kitchen Rental $ 19,200.00 TOTAL IG Projected $ 120,050.00 YG Usage $ 21,780.00 TOTAL TENANT Projected $ 21,780.00 TOTAL $ 141,830.00 15 259 Intergenerational Recreation Center Annual Programs 16 F7111 Sports Programs ADULT BASKETBALL Fall Sponsor 150, 10 Players x $35 = $500 x 10 Teams $ 5,000.00 Spring Sponsor 150, 10 Players x $35 = $500 x 10 Teams $ 5,000.00 TOTAL $ 10,000.00 ADULT VOLLEYBALL Winter Sponsor 50, 12 Players x $25 = $350 x 10 Teams $ 3,500.00 Summer Sponsor 50, 12 Players x $25 = $350 x 10 Teams $ 3,500.00 TOTAL $ 7,000.00. ADULT 3 on 3 Winter Sponsor 100, 6 players x $35 = $310x 8 Teams $ 2,480.00 Summer Sponsor 100, 6 players x $35 = $310 x 8 Teams $ . 2,480.00 TOTAL $ 4,960.00 ADULT OPEN GYM Fall $2 per person x 30 = $60 x 16 Nights $ 960.00 Winter $2 per person x 30 = $60 x 16 Nights $ 960.00 Spring $2 per person x 30 = $60 x 16 Nights $ 960.00 TOTAL $ 2,880.00 YOUTH BASKETBALL Winter & Summer Season $ 23,000.00 TOTAL $ 23,000.00 TOTAL;OF ALL7s• $ 47,840.00 16 F7111 Intergenerational Recreation Center Annual Rentals 17 261 Rentals JANUARY GYM MTG RENTAL ADDED REVENUE="w' r` • x�= 8 Rentals 7 at $110 Concessions - $800 Vending - $400 Kitchen Rental - $200 $ 3,250.00 $ 770.00 $ 1,350.00 $ 5,370.00 FEBRUARY GYM MTG RENTAL ADDED REVENUE TOTAL 8 Rentals 7 at $110 Concessions - $800 Vending - $400 Kitchen Rental - $150 $ 3,000.00 $ 770.00 $ 1,350.00 $ 5,120.00 MARCH is GYM MTG RENTAL ADDED REVENUE TOTAL 8 Rentals 11 at $110 Concessions - $1400 Vending - $600 Kitchen Rental - $200 $ 4,500.00 $ 1,210.00 $ 2,200.00 $ 7,910.00 APRIL GYM MTG RENTAL ADDED REVENUE • 8 Rentals 9 at $110 Concessions - $1000 Vending - $400 Kitchen Rental - $150 $ 3,000.00 $ 990.00 $ 1,550.00 $ 5,540.00 MAY' - i GYM MTG RENTAL ADDED REVENUE • 8 Rentals 11 at $110 Concessions - $1200 Vending - $500 Kitchen Rental - $150 $ 3,750.00 $ 1,210.00 $ 1,850.00 $ 6,810.00 JUNE GYM MTG RENTAL ADDED REVENUE • 2 Rentals 17 at $110 Concessions - $800 Vending - $500 Kitchen Rental - $200 $ 1,000.00 $ 1,870.00 $ 1,500.00 $ 4,370.00 17 261 Intergenerational Recreation Center Annual Rentals — continued 18 262 JULY GYM MTG RENTAL ADDED REVENUE` 2 Rentals 11 at $110 Concessions - $600 $ 3,260.00 Vending - $300 Kitchen Rental - $150 $ 1,000.00 $ 1,210.00 $ 1,050.00 AUGUST GYM MTG RENTAL ADDED REVENUE • 1 Trade 7 at $110 Concessions - $1300 4 Rentals Vending - $150 Kitchen Rental - $100 $ 2,500.00 $ 770.00 $ 1,550.00 $ 6,320.00 SEPTEMBER GYM MTG RENTAL ADDED REVENUE TOTAL 16 Rentals it at $110 Concessions - $1,400 Vending - $500 Kitchen Rental - $150 $ 4,000.00 $ 1,210.00 $ 2,050.00 $ 7,260.00 OCTOBER GYM MTG RENTAL ADDED REVENUE • 10 Rentals 14 at $110 Concessions - $1600 Vending - $500 Kitchen Rental - $150 $ 5,500.00 $ 1,540.00 $ 2,250.00 $ 9,290.00 NOVEMBER GYM MTG RENTAL ADDED REVENUE • 8 Rentals 7 at $110 Concessions - $900 Vending - $200 Kitchen Rental - $100 $ 4,000.00 $ 770.00 $ 1,200.00 $ 5,970.00 DECEMBER GYM MTG RENTAL ADDED REVENUE e 3 Parties 8 at $110 Concessions - $900 Vending - $200 Kitchen Rental - $200 $ 2,750.00 $ 880.00 $ 1,300.00 $ 4,930.00 18 262 Intergenerational Recreation Center Programs and Rentals Youth Basketball (Winter Season) Yoga Youth Basketball (Summer Season) Line Dancing Adult Fast Break Basketball Business Meetings Adult Slow Break Basketball Reunions Teen Open Gym Workshops 30 + Open Gym Civic Organizations Adult Volleyball Birthday Celebrations Club Volleyball Teams Baby Showers 40 + Fitness Litigation Meetings Mommy and Me Movement Classes Zumba Senior Fitness Low Impact Exercise Home School Sports Banquets Tai Chi Dance Recitals Co -Ed Volleyball Parents Night Out Tumbling and Cheering Holiday Parties Silver Chair Yoga Graduation Parties Silver Fitness Circuit Bridge Classes 19 263 N W Intergenerational Recreation Center Richard N. "Dick" Bird South County Regional Park 80020th Avenue S.W. Vero Beach, FL 32962 Vision and Mission Statement The Intergenerational (I.G.) Recreation Center is Indian River County's response to the growing demand for an indoor recreation facility. Its mission is to provide a state of the art facility featuring diverse recreational programming to serve residents and user groups of all ages. ru V4 ';:I I'::�7'�If'.':' 'I I'i'i �A:. ,''„ • : t .�t� • I ,,... .. a ��� ,:��!::II,1�41; ,,. :I,�;i�': ..�:.d!i�: ::, ,. • Indian River County , North.County Sports and Entertainment Regional Park p ! 'Baseball / Softb'all Venues Soccer AIA ="I'�' {gym....., i 5171 North.0 ounty, OCEAN Aquatic Center Fairgrounds I i i e Swimming County, Park ' Public Shooting Range �;� '� :. r� - •�;.. Soccer �. Com'petitive'Shooting Sports "i •_ f i EXPO'Center li o Sandridge Golf Club Golf Historic'Dodgertown j �•a s�zf Multi=S ort' ,;;• ;, p Gifford Park, Stay, Play Train Facility =- Football N Little League Baseball : 16TH Street Fi Ballfields I Baseball We ,t101 ' t ' __....__.... -Dick Bird 'South `.. �„ N County,Park' ti; sr E p":. iLacrosse I g Baseball "Softball 2'; :�•--:::, W OC�L3C�3C�G7C�G3/�i�]OG']�d MsM�VKDR QmVgE ZKM R�aIUUENO • Gymnasium with 2 full-size hardwood basketball courts. • In -floor volley ball net systems for easy conversion and turnover. • Bleacher seating and a dedicated concession room. • Two dividable multipurpose rooms. • Heating kitchen. • Special multipurpose room accented with bamboo flooring and decorative lighting. • Game room. • Eight computer stations with connection to County's Library catalogues and E -Research systems. • Covered walkways, an outdoor gathering area, and a paver designed sitting area. a I'�I 1�'' '„'IV �I�i,, ��, *I �q 4�•1F�4 f,X�: ���W TilV�ullr�ll��^ANVI'�L IIIJIYw 1'VWlrlly�bl";!A^"''�,lYulll� �.�, r, Itll, d,i�ll��muX'��� „�"�u,'��, .. SII y ��d�Md ” utll fL A.'L,uI`.� s, I T Gymnasium —Room. #141 97 x 123 11,931 793 Game Room — Room #125 36 x 21 756 45 Activity — Room #135 37 x 34 1,258 82 M u lti Pu rpose - Room #112* 37 x 59 21183 176 Split in half 37 x 31 1,147 88 (half) Multi,Purpose - Room #131** 36 x 81 21,916 217 Split in thirds 36 x 28 1,1008 72 (third) * Offers ability to be split into two rooms **Offers ability to be split into three rooms INTERGENERATIONAL RECREATION Mock Summer Schedule CENTER GYM # 141 Multi -Purpose # 112 GAME ROOM # 125 Multi -Purpose # 131 ACTIVITY # 135 CAN BE SPLIT INTO TWO ROOMS CAN BE SPLIT INTO THREE ROOMS Monde A - 1/2 Day Cams A - Story Time Pr rm - Library A - Bridge Class A - Zumba Fitness Class P - Camp Rental P - Bingo E - Volleyball Prgrms E - Cheer & Dance Class E - Youth Organization E - Stretch & Tone Class Tuesday A - 1/2 Day Camps A - Deposition/ Pre Trial A -Beginning Art Prgrm A - Yoga Class P - Camp Rental P - Quilting Class E - Basketball Prgrms E- Youth Organization Wednesday A - 1/2 Day Cams A - Story Time Pr rm - Library A - Bridge Class A - Zumba Fitness Class P - Camp Rental P - Oslo Civic Meeting E - Volleyball Prgrms E - Stetch and Tone E - Youth Organization E - Cheer Dance Thursday A - 1/ 2 Day Cams A - Financial Planning A - Beginning Art Pr rm P - Camp Rental A - Story Time - Library P -Civic Org Luncheon E - Basketball Pr r.ms E - Youth Organization E - Yoga Class Fdde A - 1/2 Day Cams A - Zumba Fitness, Class P - Camp Rental P - Quilting Class A - Bingo E - Basketball Prgrms S.turday All Day Team Meeting Tournament A - Set up Smith Re -Union AAU Basketball Rooms Admin P -Smith Family Re -Union Tourney Room Sunday All Day Team Meeting Tournament AAU Basketball Rooms Admin Tourney Room T�--- ------ - ---- - __=- --_-_- A - A.M. r� P - P.M. E - EVENINGS 243-7 C G G°�C� G3'M [ ��O C� J, murl Ir Fill, R r, Ill AWI V 1: 11al w z� 1Ila r. 1.1, 21, -S '-'-W ly, i ,r 1 i 1, 1! 1, !11:1 lit, 1:1 it ii olll l�jpl it i� lIl lol 11, .411 11,11 1 It 0 ll TIiii ing-1,l� inex, O'n, m e la,i o iii�lfll ' I �,ifbtildn,4., '' . � , Nil ryrLJ I !It IIIIIIIIrr.11 F- 1� Hl . . . ..... ..... 1, 1 1 V411 I Irl Ir If II 1.4 eals-upyef,l1 11 rrr all 1-i:, I . . I ....... .....r. r :11:': U3 IMP j:. iiii-4 ii-ilill ir :qi au r i! an c ev! D" y YE I 9, III12 fllif��Jli :ll�,A 'll, I'�41�l'ij !'I l"lil ll'�t j' �Ll� "l t . ... I. . ... . .. .... I'To �W-; . ......... 1, 1 ... . ... �,l:�,,'!.!:;,Jf�!' Y I r 11I rl.,`], I r., , V Ill: I., it 01.1 :,!::l: LL mill.hal ' .. .. ..... .. l"l, 'll, 111lf_,MI:l'j` lit, I: �Illl j,l l i 'J,," Clot l.! p,! if l . . , I, . , l�,Iljllfii ljll�l 1j' flii3 1, ;�jjljj!j Jilt '11, it I; l!� "011 iii als -lggs, �,rg,, 11 . r I :, 11" , , ..!I' - Ill :C .,Il' jL - : �-,I if if , %ii l 0 0 .. ... . .. .. S1 0 Di I If irlIl 1, 1 till I to )C h le e ll'4lr,r..'11;& qI. 111rP.rr 't 111110, Y.!izaftoi in MAU'll"M r�qxli it" i ; ':!Ii I Jill 11 :1 " 61 III!!!, al�r J1 Oil LI 'R USSSA u V ltbq i!l3egiii Is, 0 1 _l. libilill"Ail t-lilAi'mill L!�Itlhl, .L. . Al -A lNi", ji Ll 6l I "'R: l�!pjojllil lrty III 1. l"wilil 't 'ANIIIIIIII !�!� j P!, .:%;!�:;!, till P uIL I!iaj!!; I ilioli'll tIll A`.: :rr l IC D,, c Ddncie-��!Rle�gjjror r.• q 0! :.lj1:j;. -t �-,t H" 0 d r. ke, 0' tr IF1. Ill. JI 'I" f: L Jill! P em, l If I ilil o F.,; H S A $1 11 11 A"' R,1,l',e" il;lMblst ji f.., I I'l . JI' it,' ii If till 11 ggil il ��ffill E,L.1ijl I Pill ll :i..l q, it 11 'llO 7lijill"lIq NI"ll Ol 11 killiffilli'll "hillilillil .l 1jlllljljJ�fi iiD GO, , - 'M pret i ti on 0' tr l:mini ;i;:' A Ontil: JIiii IN, - - s. i1bibin, I.II r,"fill i1iiI.I.-IN Ali I I1110 l,p� I ll,q jl�ljfll "NII I'll I if All, S C 1 6 B; l �Jli tl 111FIl lillo, Ii Ill ll 'jill: q, i l v Riii ..... ", I l7L Ip . r. li :!"ll , 40l1,u III r ilgl 14 t!llol ii F l! if S I P 7— —7" . .... IIS 011 'd 4 0 0 :4,:', J111"!, 11:1,.414 ILI Business Meetings Corporate Workshops Consumer Shows Home Show Gun Show, Garden Show Farmers Market Civic Meetings Company Trade Show Financial Seminars Pre -Litigation Hearings Fundraiser Lunch's & Dinners Networking Events Receptions Retreats Reunions Church groups Banquets Weddings Anniversary Parties Graduation Parties Birthday Parties Teen Dances Proms Baby Showers Bingo events Community Night IG 2015/16 Budget Facility Opening June 1, 2016 a,InnxY',, „'iL�II 11 N,If ' �rl�'�•!,ii�IiI r. ',7 h', 1Cnnr:l'�'',p�{11I1114 11 { I 1 1 iI r I I .71 ::Il:I,.:;:da..�,..,•r",w,,..,nr'y.. .., �,, ,paau+,., .,...xl..a.,l 7 n.:".:...,,,,,..,'nre :h ;••fr' I'.I lbl :i':I':�I:'r! � I� '��'&J I; .I '� I III I : I,a!L .'i •I , 1,ill::. „I: ;ylljp, _II. rTota',IIIReuenl II e; II :I: ,:�1"�aY:' y,r" i�'_ •I'', II'11: ,I,r;. �!.” -I"I' III. �, .ai!i illi 'r' I• Il f,, i I, I,a; ! r 11 $4',T 2'7,7x1 �11•,::INrp'„Maar., 'yI, •.,. ,,7,Ir..h:ir:,. '� ;;il,;p.,• ' I f! IVii; I ,I, I $114,11 830,? IG Staff Proposal 11-7, r Em r l-A le Venue .... ..... . Ali, ll� iiii'll:Ij ii; ljij�:diji�� "l V,l 4, ml;il` t usineSSrIlls. UP 00 ftl:Mll� l,jljj!;jII� 0 lrirq�i�,; 'I 1p $16 2il r !!v 1' 7 PS , -, 1..., 11i cia is t pegNu,,111Ik �N, lll� h 1, A!: �15:3!80' I . 1 11 , 1", I r:�; tlQM' ,�1 rs'i!' p1rNP,' tlrgllR�' �� Irk Yl GGG,',rXlq;lhfElM,:EN Ir IruRlil "'r ..i!` UNI, Ili III,., YgIRN�,tlra Il 114,rI;N,¢GNu,ryr Qh I ',i,NNrtlpGl IV,I, 11rrlfr! ::IRG"rG I I r deur rN � ' u r ;,R'6 l6fbb �t 1`0 $37 4,73,,: LLLO' iul ELI: vg, �.,M a i Me71 b, a CL 144,jl, J.,il I V11.11.1 l0ll,�Jlo' �.Mll RIIN11 Ali'l dr, ke, rm!,,w4l T; :i:JI0 l N 11125 ij7w,' IIIIJ 1, J;, "ll,11 Ilk "Staff recommends approval of the Intergenerational Recreation Center Operational Plan."" N 1-63. 13 INDIAN RIVER COUNTY, FLORIDA )o� F7 MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Richard B. Szpyrka, P.E., Assistant Public Works Director FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: 51St Avenue Petition Millings Project (651h Street to 67th Street) Resolutions to provide funds and set a Public Hearing DATE: February 18, 2016 DESCRIPTION AND CONDITIONS Representatives in the Winter Beach Highlands Subdivision presented County staff with a petition to install asphalt millings on a portion of 51St Avenue. This portion of 5111 Avenue is a dirt road that begins approximately 58 feet north of the paved intersection with 65th Street and terminates approximately 75 feet south of the paved intersection with 67th Street. The development has 24 parcels, with 74.04% of the property owners in favor of the project. The project meets the 66.7% approval requirement as specified in the Indian River County Code for petition paving (millings). The proposed improvements to 51St Avenue will consist of the installation of 8 -inch thick compacted asphalt millings over 9 -inches of stabilized sub -grade. The roadway limits will be from 65th Street to 67th Street, approximately 1,180 feet. Staff conducted one public informational meeting with the petitioners on February 3, 2016 to discuss the project scope and assessment process. The millings will be placed in the same general area as the existing dirt roadway and no roadway widening, shoulder work, or drainage improvements will be included as part of the project. Staff has determined that the assessment cost based on parcel area (square footage) rather than front footage is fair and appropriate in this case. The property owners consented to moving the project forward with this construction approach, with the assessment cost based on square footage, and the method of payment. A Providing Resolution is presented for adoption by the Board. The petition is valid based on receiving 74.04% of the signatures of the property owners of the proposed benefited area. A separate resolution is presented for adoption by the Board to hold a Public Hearing to discuss the advisability, project cost, and amount of the assessment for each property owner in the benefited area. This Public Hearing has been scheduled for Tuesday, May 3, 2016 at 9:05 A.M. in the Indian River County Commission Chambers. An assessment roll and assessment plat have been prepared and will be filed with the Clerk to the Board of County Commissioners. 264 F'\Public Works\ENGINEERING DIVISION PROJECTS\1511-51st Ave Milling_65th St to 67th St\Admin\agenda items\1511 millings project memo to bcc.doc Page 2 51' Avenue Petition Millings Project Winter Beach Highlands Subdivision For March 1, 2016 BCC Meeting FUNDING The total estimated project cost = $74,731.51 75% to be paid by property owners = $56,048.63 2% Collection fee (75% figure) = $1,120.97 Total assessment = $57,169.60 25% to be paid by the County = $18,682.88 to be allocated from the Secondary Roads Gas Tax Account No. 10921441-035510-16019, Petition Paving — 511 Avenue (65th Street to 67th Street). RECOMMENDATION 1) Adopt the resolution providing for the millings installation for 511` Avenue Petition Millings Project in the Winter Beach Highlands Subdivision subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Allocate $18,682.88 from the Secondary Roads Gas Tax Account No.10921441-035510-16019, 51' Avenue/Winter Beach Highlands Petition Paving. 3) Adopt a resolution setting the time and place of the Public Hearing — May 3, 2016 at 9:05 A.M. ATTACHMENTS 1. Providing Resolution 2. Setting Resolution for Public Hearing 3. Cost Estimate 4. Assessment Roll and Assessment Plat DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Vincent M. Burke, P.E., Director of Utilities Services APPROVED AGENDA ITEM FOR March 15. 2016 B r Indian River County Appro.--d Date Administration 0 16 Budget Z �' Legal Utilities Public works Engineering `� l 265 P \Public WorkS\ENGINEERING DIVISION PROJECTS\ 1511- 51st Ave Milling_65th St to 67th St\Admin\agenda items\1511 millings project memo to bcc doc Providing (First Reso.) RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN ASPHALT MILLING IMPROVEMENTS TO 511 AVENUE IN THE WINTER BEACH HIGHLANDS SUBDIVISION AND 2 PARCELS IMMEDIATELY SOUTH AND ABUTTING 51n AVENUE, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Asphalt Milling Improvements for 511 Avenue in the Winter Beach Highlands Subdivision; and WHEREAS, the construction of milling improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through Section 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed asphalt millings improvements is SEVENTY-FOUR THOUSAND SEVEN HUNDRED THIRTY-ONE DOLLARS AND FIFTY- ONE CENTS ($74,731.51); and WHEREAS, due to the parcel configurations being irregularly shaped, some parcel front footages are disproportionate to others despite each property having the equal benefit, therefore the assessment cost based on parcel area (square footage) is the most fair and equitable method for determining the assessment cost; and this method of assessment is agreeable to the property owners in the benefited area; and WHEREAS, the benefiting properties will be -assessed for seventy-five percent (75%) of the project's total cost, plus two percent (2%) collection fee. The cost per square foot is $0.1577444021. The project's cost is based on the total square footage of the benefiting properties (or assessed properties) and each assessment calculation is based on each property's square footage as it bears to the project's total square footage times seventy-five percent (75%), with the remaining twenty-five percent (25%) of the total cost of the project ($18,682.88) being paid by the County from its Petition Paving Account; and WHEREAS, assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments; and WHEREAS, any special assessment not paid within a ninety (90) day period from the passage of the as -built orfinal resolution shall bear interest beyond the due date at a rate established by the Board of County Commissioners when the improvements are completed, and shall be payable in two (2) equal yearly installments, the first to be made twelve (12) months from the due date and subsequent payment to be due by the next year; and 266 Providing (First Reso.) Resolution No. 2016 - WHEREAS, the special assessment shall become due and payable at the office of the Department of Utility Services of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 206.08, Indian River County Code; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from this improvement, to wit: Lots 1 through 14 and Lots 16 through 30, Winter Beach Highlands Subdivision, Plat Book 6, Page 58, Indian River County Public Records; Lot 15 Winter Beach Highlands Subdivision together with those lands as described in OR Book 2900, Page 23; and those lands as described in OR Book 2847 Page 1685. Said lands lying in Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for milling improvements to 51st Avenue, Winter Beach Highlands Subdivision; heretofore designated as Indian River County Project No. 1511 is hereby approved subject to terms outlined above and all applicable requirements of Chapter 206, et seq. Indian River County Code. 3. There is presently on file with the Clerk to the Board an assessment plat showing the area to be assessed. The assessment plat shall be open to inspection by the public. 4. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 5. Upon adoption of this resolution the County Public Works Department shall cause this resolution, along with a map showing the areas to be assessed, to be published one time in a newspaper of general circulation in the County (Indian River Press Journal) before the public hearing as required by Section 206.04, Indian River County Code. F.\Pub!ic Works\EINGINEERiNG DIVISION' PR01ECT5\151-1-51st Ave rJ;illir, _65th St to 6701 5t\Ad nin\agend? items\1511 Resolution-rro icir�; (FIRST).dock 2 267 Providing (First Reso.) The foregoing resolution was offered by Commissioner motion was seconded by Commissioner the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Resolution No. 2016 - who moved its adoption. The and, upon being put to a vote, The Chairman thereupon declared the resolution passed and adopted this day of .2016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA UZA Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney F \Public Woris\•`_ i 1- PJ_ER;NG DIVISION PRGJECTS\1511-51st Ave Miiisng_6 t` St to 67ti' Si\Adann\a3eada items\'.S1? Resolution -Providing (FIRST).d: c\ 3 268 Time and place (Second Reso.) RESOLUTION NO. 2616- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 51st AVENUE IN THE WINTER BEACH HIGHLANDS SUBDIVISION AND 2 PARCELS IMMEDIATELY SOUTH AND ABUTTING 51s'r AVENUE AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING ASPHALT MILLING IMPROVEMENTS TO SAID PROPERTY, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIFICALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2016- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described herein, that asphalt milling improvements be made to said property; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making asphalt milling improvements to said property, as to the cost thereof, as to the manner of payment therefore, and as to the amount thereof to be assessed against each property benefited thereby. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: 1. The Board of County Commissioners shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 A.M. or as soon thereafter as the matter may be heard, on Tuesday, May 3, 2016, at which time the owners of the 269 Time and Place (Second Reso.) Resolution No. 2016 - properties to be assessed and any other interested persons may appear before said Board and be heard in regard to said property. The area to be improved and the properties to be specifically benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessment. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specifically benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hearing shall be given by two publications in a newspaper of general circulation in the County (Indian River Press Journal) a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address to be obtained from the records of the property appraiser. '.Public Wo, ks\E':CINEERING DIViS1O1-4, PROJECTS\1511-51<_t Ave tvi Nne_65:h St to 67i:. St\Admin\agenea items\1511 Resolution -Setting (SECOND).e.ocs 2 270 Time and Place (Second Reso.) Resolution No. 2016 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By. Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney Attachment: ASSESSMENT ROLL \Pu:);ic Works\E;NIGINEERING DIVISION PROJECT5\1531-51.t Ave My .![:o�Jsth St to 67th St\Admin\age^da items\1511 Reselut on-Sett;n :=ECONDI dc:cx 3 271 PRELIMINARY COST ESTIMATE FOR: 51st Avenue - 65th Street to 67th Street February 3, 2016 Project #1511 TOTAL S.F. 362,419.20 1. CONSTRUCTION $66,052.25 2. ENGINEERING (5% of construction cost) $3,302.61 TOTAL CONSTRUCTION & ENGINEERING $69,354.86 3. PERMIT FEES $200.00 4. TESTING $2,000.00 5. ROW ACQUISITION & TITLE SEARCH 6. RECORDING FEE $1,000.00 SUB -TOTAL $72,554.86 7. 3.00% ADMIN. FEE $2,176.65 TOTAL COST OF PROJECT 25% TO BE PAID BY COUNTY 75% TO BE PAID BY PROPERTY OWNERS 2% COLLECTIONS FEE (75% FIGURE) COST PER S.F.1 $0.1577444021 $18,682.88 $56,048.63 $1,120.97 TOTAL ASSESSMENT $57,169.60 $74,731.51 F,\Public Works\ENGINEERING DIVISION PROJECTS\1511-51st Ave Milling_65th St to 67th St\Design\Assessment\1511 Assessment 51st Avenue REV 2-1-16 272 PAVING ASSESSMENT ROLL FOR: 51 st Avenue - 65th Street to 67th Street Fehruary 3. 2016 Preliminary Cost Per Square Foot = 0.1577444021 - e - ° 4141 16th St. Apt. 1-05, Vero Beach, Indian River Farms Co Sub, Winter Beach 32390900001024000002.0 Saldana, Rodrigo & NancyR. 5140 65th St., Vero Beach, FL 32967 FL 32960 Highlands, PBI 6-58 27 442.8 $4,328.96 3_2.3.90.900003000000.016.0 -- Schensk_y, Eldrige V 6535 51st Ave., Vero Beach, FL 32967 6535 51st Ave., Vero Beach, FL 32967 - - -- Winter Beach Highlands, Lot 16, PBI 6-58 10_,890.0_ $1,71784 Winter Beach Highlands, Lots 17 & 18, PBI _ - v 32390900003000000017 0 ------- Thompson—Hill, Linda J. _-_ - - 6545 51st Ave., Vero Beach, FL 32967 6545 51st Ave., Vero Beach, FL 32967 - --- - - - -- 6-58 21,780.0 $3,435.671 Winter Beach Highlands, Lots 19 & 20 Less --- -- - ---- - -- - 32390900003000000019.0 Brissette, Jeffrey P 6565 51st Ave., Vero Beach, FL 32967 6565 51st Ave., Vero Beach, FL 32967 N 1/2, PBI 6-58 18 117.2 $_2,542.40 Ohler, John Michael, Jr & Joy Winter Beach Highlands, N 1/2 of Lot 20 32390900003000000020.1 _ Bass 6585 51st Ave., Vero Beach; FL 32967 6585 51st Ave., Vero Beach, FL 32967 and all Lot 21, PBI 6-58 16,117.2 $2,542.40 ,32390_900003000000022.0 - Ohler, John M., Jr. -- - 6595 51st Ave., Vero Beach, FL 32967 ---- -- -- 6585 51st Ave`, Vero Beach, FL 32967 ---- -- ------ - -Winter _Winter Beach _Highlands,_Lot 22, PBI 6-58 10,890.0 $1,717.8 4 32390900003000000023.0 Bass, Oscar E. & Lawana J. 6615 51st Ave., Vero Beach, FL 32967 6615 51 st Ave., Vero Beach, FL 32967 Beach Highlands, Lots 23 & 24, PBI �6-58 - ---' 21,780.0 --'-'-$1 -._._.84 $3,435.67 - 32390900003000000025.0 - --- -- - - Loudermilk, Steven- -- ---- 6635 51st Ave., Vero Beach, FL 32967 -- --- 6635 51st Ave_, Vero Beach, FL 32967 -- -- -- - -: - --- Winter Beach Highlands, 25, PBI 6-58 -- ....... - - 10,890.0 - --- --$1,717 841 - __._. 32390900003000000026.0 -- Loudermilk, Steven, M. 51st Ave`, Vero Beach, FL 32967 ! 6635 51st Ave_, Vero Beach, FL 32967 Winter Beach Highlands, Lot 26, PBI 6-58 10,890.0 $1,717 841 132390900003000000027 0 Loudermilk, Steven, M. 6655 51st Ave., Vero Beach, FL 32967 6635 51st Ave., Vero Beach, FL 32967 Winter Beach Highlands, Lot 27, PBI 6-58 10,890.0 $1,717.84 - --- Marvin, Timothy W. & Rebecca 3.2.39090_0.003000000028.0 - - - - S. _ 6665 51st Ave., Vero Beach, FL 32967 - - - 6675 51st Ave., Vero Beach, FL 32967 - - -- Winter Beach Highlands, Lot 28, PBI 6-58 Winter Beach Highlands, Lots 29 & 30, PBI 10890.0 $1,717.84 Marvin, Timothy W. & Rebecca 32390900003000000029.0 S. 6675 51st Ave., Vero Beach, FL 32967 6675 51st Ave., Vero Beach, FL 32967 6-58 22,215.6 $3,504.391, Greene, Dewayne Edward & Indian River Farms Co Sub, Winter Beach 32390_9000010240_00001.5 Stephanie Ann 5060 65th St., Vero Beach, FL 32967 P O. _Box 333, Weaverville, NC 28787 Highlands Lot 15, PBI 6-58 $3,779_.24 - -_--- __2_3_958.0 -� _ 32390900003000000014 0 2 S st e , a H. &Benda H. i l r Wiliam H rHighlands, 6546 51st Ave., Vero Beach, FL 32967 108 Kildare Dr., Sebastian, FL 32958 Winter Beach Hi hlends, Lot 14, PBI 8-58 10,454.4 $1,649.12{ 32390900003000000013.0 - Sistler, William H. & Brenda H. 6556 51st Ave., Vero Beach, FL 32967 108 Kildare Dr., Sebastian, FL 32958 Winter Beach Highlands, Lot 13,PBI 6-58 10,454.4 323909_0_00030000000_12.0Arizpe, - Juan F - 6566_51st Ave., Vero Beach, FL 32967 6566 51st Ave., Vero Beach, FL 3296_7 Winter Beach Highlands, Lot 12, PBI 6-58 10,45_4.4 , $1,64_9._121 32390900003000000011 0 Warren, James T & Priscilla L. Laclair, Lawrence D. (TRS) & 6570 51st Ave., Vero Beach FL 32967 657051 st Ave., Vero Beach, FL 32967 Winter Beach Highlands, Lot 11, PBI 6-58 10,4544 - $1,649 12 -'---- 32390900003000000010.0 _Monica ------ J. (TRS) Laclair, Lawrence D (TRS) & 51st Ave., Vero Beach, FL 32967 --- 8355 75th Ct., Vero Beach, FL 32967 - Winter Beach Highlands, Lot 10, PBI 6-58 -- -- - - --- 10,454.4 I - -- $1,649.12' - --- - -_.- .I 3239090_0003000_000009.0 - Monica J. TRS) Laclair, Lawrence D. (TRS) & 8596 51st Ave., Vero Beach, FL 32967 --- --- ----- 8355 75th Ct., Vero Beach, FL 32967 -- Winter Beach Highlands, Lot 9, PBI 6-58 -- 10,454.4 $1,649 12 - - -- - --- -- - 32390900003000000008.0 Monica J. TRS 6616 51st Ave., Vero Beach, FL 32967 8355 75th Ct., Vero Beach, FL 32967 Winter Beach Highlands, Lot 8, PBI 6-58 10,454.4 $1,64912 32390900003000000007.0- ----_-._.._--_-_. --- Folkening, Nathaniel -- - -_-- --- 6626 51st Ave., Vero Beach, 32967 ------ -- -- 6626 51st Ave., Beach, FL 32967 215 Winding River Dr. Unit E, Sandy Winter Beach Highlands, Lot 7, PBI 6-58 -- - - - -- 10,454.4 - -- $1,649.121 -` -- - - -- --' 1 323909000030_0000_000_6.0_ - Pavlik, Franks J. Laclair, Lawrence D (TRS) & 6838 51st Ave., Vero Beach, FL 32967 Serings, GA 30350 -- - Winter Beach Highlands; Lot 6, PBI 8-58 10,454.4 I $1,849.121 32390900003000000005.0 Monica J. TRS 6646 51st Ave., Vero Beach, FL 32967 8355 75th Ct., Vero Beach, FL 32967 Winter Beach Highlands, Lot 5, PBI 6-58 1 10,454.4 I $1,649.12; F:Tubllc Worka%ENGINEERING DIVISION PROJECTSN511.51st Ave Milling_65th Sl to 67th St1DeslgnWs3e3smentN511 Assessment 51st Avenue REV 2-1-16 N J W PAVING ASSESSMENT ROLL FOR: 51 st Avenue - 65th Street to 67th Street Preliminary Cost Per Square Foot = 0.1577444021 FAPub11C WorksIENGINEERING DIVISION PROJECTS\1511-51 at Ave Mlllint_85th St to 87th St\Deslpn\Assessment\1511 Assessment 51st Avenue REV 2.1-16 N J A Total = 362,419.20 $57,169.60 ASSESSMENT MAP 51ST AVENUE PETITION MULLINGS PROJECT IN THE WINTER BEACH HIGHLANDS SUEDIYISION AND OTHER LANDS AS DESCRIBED BELOW i a. r iE0A tia.rr,••I�'f�F'•• r NOTE.• LOr AREAS ARE PER Mr /NAWN R/YER C01IMY Pf acffrY APP1 497 O !00 100 400 GRAPHIC SCALE TDOUP" IRM THOW LAMB As DOCRGED N OR DDDR 2000. PAM 23 PUBLIC RECORDS Or NNW RIVER COUNTY ? 3/!6 51ST A VENUE PETITION MILLINGS aounr RRam► Ra _ 1511 ASSESSMENT MAP DQt' INDIAN RIVER COUNTY 1801 27th y.TREEr De�Oo//me/71 VERO BEACH . FL 32980 ..:.. N J fit Works EMEHT 9HM 1 ATTORNEY'S MATTERS: 3115116 TIME CERTAIN: 10:30 a.m. 13 Oce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County .Attorney Kate Pingolt Cotner, .Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: March 2, 2016 ATTORNEY SUBJECT: 10:30 a.m. Attorney -Client Session: Indian River County vs. Turner Construction Company, et al., pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA 002999 I request advice from the County Commission regarding settlement negotiations and strategy relating to litigation expenditures with regard to the case styled Indian River County vs. Turner Construction Company, et al., pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA 002999. Prior to going into private session, Florida Statute 286.011(8) requires the Chairman to read the following statement: "This is the commencement of the attorney-client session. The estimated time of the closed attorney-client session is 45 minutes. Present at the meeting will be Commissioners Joseph E. Flescher (Vice Chairman), Wesley S. Davis, Tim Zorc, Peter D. O'Bryan and me, Bob Solari (Chairman). Also present will be County Attorney Dylan Reingold, outside counsel Casey Walker and Wil Murphy, County Administrator Joseph Baird, and a certified court reporter. At the conclusion of the closed attorney-client session this public meeting will be reopened." After the attorney-client session the Chairman is required by statute to state the following: "The public meeting is hereby reopened, and the attorney-client session is now terminated." nhm Approved for March 15, 2016 BCC Meeting Time Certain: 10:30 a.m. (Attorney's Matters) COUNTY ATTORNEY Indian River Co. Approved Dat Admin.31101 Ila Co. Atty. Budget Z Department --- Risk Management --- 276 Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 973271 Meeting: 3/15/16: County vs Turner Meeting 3/15/16 Pub Dates March 7, 2016 Sworn to and su ibe efore me this day of, M ch 04, 2016, by who is Sherri Cipriani (X) personally known to me or ( ) who has produced Sandra Coldren Notary Public as identification. SMIpRA COLDREN MY CO3MM1SSICN # FF op 5 '�' EXPiRE8 ! Bondad 1hr APn 1, 2017 u N 014,). Pub,,. E MAR 9 2016 COVNryA' OTFFI C aRNEyrS C4 n Monday, Marc) 7,2016* TREASURE COAST NEWSPAPERS NON SEQUITUR Notice Of FOr`edgwier� 'Notlts Of Foredosuie+ PuhFic Notices •.rr_,-„+. PuhUc Nohcest'�s�.rziT. NATIONAL INVESTMENTS N U.C. y UL! Um'tee StatasFI If edlAmenwmpamr, THE OLAMA CORPORATION, a Florida corporation, HOSSEIN OLAMA, an Individual. and the UNITED STATES SHALL BUSINESS AMENDED NOTICE OF SALE faIz hereby given that, pursuantto A Summary FtrW Judgment ofForedozure In the above -captioned action, l will sell the real and personal Property situated 0ows EXHIBIT •A• •Land^ certain piece• parts and tract of land located In SAINT LUCIE County, Florida, described as follows: UD WESTERLY RIGHT OF WAY LINE A DISTANCE OF 86051 FEET TO A POINT, THENCE RUN WEST A DISTANCE OF 367.17 FEET TO A POIN ACCESS AND UTRJTY EASEMENT RECORDED IN BOOK 1467. PAGE 1269, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA OF LOT 4, BLOCK 4, SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGE n the Lard re9arAe zz ores w}I Metrephysically off sed thereto mdsevethred wwcapxmWe of sev aknice Merehom.and all replaor cementI thereof. which term Includes any pawhole orst I firtures now or hereafter located under, on or above the Land which constitute or wiU constitute figures under the Law of the state of Florida which term includes any M Th~benefit of dig <asern and other rilh" of arty nahra whatsoever appurtenw to Ne Lmhd w the Imwovementz, or botk and aU riches a orad, streets. Net's N and rights of Nwess and egress ,.the Land, and all Adjoining property, whether now existing or her adzNq,tog.therwith the reversiw or reversion, z ts, (zw-ez (nw.-=O es, and wofI" of any of th loregoinp. trty. AR Mortgagor's invest In N fixtwes, eq _g wOpz now Sown and/or growing in the future and tangible personal properly of my nature whatsoever now Or h all Mspovpon !voluntary, Or mvmunrary) Or hoe Lang rmwovemenu sarin— rmpercy, w nmq mauwng v. -- block drywN, sheet auk, concrete, root trusses. beems._Joints, or any other personal Property used Or intended to be IAnd nc_ tekhzi whereinPars revizions� modificaLC tions, or quaran anteeso(perlomhl lance of oblipat Golden to Parsal Prop<rtlA. LLC due lai:dmeanwrt p�aaf certain imm'eeaitN tee: IN THE CIRCUIT COURT OF THE LIS PENDENS MUST FILE THE HOUSING AUTHORITY OF presmtVABbeCaunlyAttur- VCU.(.CFE,D.CICWWORK THE NINETEENTH JUDICIAL A CLAIM WITHIN 60 DAYS AFTER THE SALE. THE CITY OF FORT PIERCE, FLORIDA AND FORT PIERCE my Dylan ReJngold: wW-e tinsel, Cazry Walker and CMtb lltE Sk4cm N SLTZ • CIRCUIT IN AND FOR INDIAN RIVER COUNTY, •Pursuant to Fla. R. Jud. HOUSING, INC. W4 Murphy'.Cwmy Admlas INDIANA CMLOIVWON Admin. 2516(bXi)(A). gain- tills counsel h by des- 511 ORANGE AVENUE FO FIT PIERCE. RORIOA 34950 trator lo5eptl A Baud: and a cerDfied court re0orter. Caze#:31-2015-CA-000335 IBnates Its primary email (Or'SFGBS Email (T22)429-6427 INDIAN RIVER COUNTY - PHM MwIga9e Corporation service SFGBocaOf NOTICE 80 OF COUNTY p 1 Plaintiff, Servlceltlogiwn'- The Regular BoaN IAeetlnB of COMMISSIONERS BOB SOLARI, CHAIRMAN 0 Thomas Sissannelte: SNAPIRO, FISHMAN E GACH LID theBoard of Cmmissloners 1 Housing Pub: March 7,2016 of Unknown Spouse f Thm- Attorneys to ga1nUN the Autfiodtyy 1 the Gty o/ Fat Pierce, Flor4 TCN 973271 s Blssomette; Parties in Possession #t, If 2424 North Federal Highway, da i5 scheduled for March 10, ^-y EivinO, arch a0 Unknown Par- St<360 2016 a[ tJ0 pm. at Its Cen- "1 NOTICE OF PUBLIC HEARING tles calming by' through, Boca Raton, ilorida 33431 TNephone: (561) 99&6700 Office Board Room, 511 Avenue, Fort Pierce. under and against Ne above Defendnrrt(z)7 who Fos: (563)998-67W Oran ge Flodda 34950. Subject: Request for a vari- nmed e rpt kn to be deatl w said Unknovrn For Em SerSdce Ordy: FS Immediately thereafter, he Ir Regular Board Meeting of enc! by Robert W. Razz and Germ Sue Bass. Trostees all ,wheN Parties ma calm an interest y Fw Nothvingmnes theBoard Of Directors t Robert W. Bass Revocable Trust to reduce the setback as Spouse, Heirs, Devisees, lugarte�logswm Luciana Upartl, Esq. Fort Pierce Hauz(n9, Inc. WIU commence. reg0lrement5 Ad a 3, Grantee ON ants: Unknown vartles �n gar#42532 Pe”'call to confirm Your iienaanx .' ZONn9 IJistdcts, Land OeveF Rend Ums, Naftin T}\l' E11PTE PLoY'lIN(> SFJ2VlCE Possession #2, If Gving a d N Unknown Parties U. If you are a person vetch a as- ,bg,h,Who ds airy aaom- Pub: March ], 2016 pment r the County Code for the HR -1 Ing q', thrw undo and modadon In w-ef to partic- Ipate m Wz proceean� Yw TCN 955217 nR-a Single-family District tl to aermit the c _ ' e'7 �•..4 v.._� {K�„•- gaimt the above name! oeteneant(:) who are not o arca entitled M n c t to Yo to the pro'I of ser- PUBLIC NOTICE vection f a wimming Do d ane patio addition and F�� r --: Nirtice,Qf,FmedOsu NDtice Ot R%re`doslire�•= known to be dead or alive, whether said Unlmaan Par- , fain azYstance. Please con- tact Court Admirdstratlon, The Board of 1.0 Com- to permit existing enwoadF Dents brto Nefront and east tles may claim Unerest Spouse, HelrsmDeWsees. 2. NEL Country dub Drive, no,f Indian River side yard Ducks by the Loomis A/1(/A Natalie Loom- lite a dnM within 60 days Ix Arry arM N uNmown tter Ne sale s Grantee; w Other Claim- ct Suite 27, Port St Lucie, FL. County, Florida provides Single family dW 11” lorat- Ne lot Iocate0 par- tles dalming by, LNwgh, Dated rids day of Much. 2016. is 349$ 772-807-4370 least ] days betweyow Scheduled notice at an attorney-dlent ssio garcinp Ne(ogow- ed on wbjeK t86155E Nangrwe WeeL under, oral against the here- De(eneam(sA muK ap0laranu, w immE Ing Penang9 TitlKNm Intlian Hobe Sound, Florida. In named bMMdual defer• BROCKAll—ey SCOTT, PLIC PWOU dead 9rN NOTICE OF SALE diatety Upon re<!Itiin9 Nis the ebece Bluer Cwmy TumlrCon- al GfNit 9 LTREASURE accord to he a aBVq Whether 1501 NZ!41 Street, sold unknown parties may Sate 20o NOTICE IS HEAEI3Y LINEN our- ua t to wdv rescheduling ane scheduled apDt IS eau p ding In Ne Court f the Nineteenth Judicial COVE, regg' to the Plat thereof, recoreed Balm an brterest as sows FL LAUdudale. R 33309 eA heirs, devisees. grantee Phone: p51J 61&6955, (Oredozure ale w Fina) ludgmem, entered i Clvii less roan 7 dam hf are headny w Impaired, call ]il w Grwi4 Case Na 31 2011 CA %'2 . at 1030 am. on Nes in Plat Back 5. Pa 8, f Ne Public Records of Martin other claim: Bank O M 6309 Cox No. 31 -2035 -CA -000335 1 Ne Groin, Ne pub: FebNENy 29, MarU1 7, Oay, March 15, 2016. TIe Cwn[y. FlOdd3 America. NA; North River fat (954) 618-6954 .6 Proppeerty Owners' RCOVKDocs^tbroclmndscott. Cart of 19th Judicial Circuit In nd and 2016 TCN 966753 blest matter Of theon In, wIB be zettiement net'y - "' Time ar.e Oats: ]:00 P.M., w ASSOdadoR IrK: Tenant #1• Com Tenam #2: Tenant #3' and Bg limmy Edwards, Esq. for Indian River CwnTy, Ida, her. FHH Mortgage tiations d relay g to litigation a PenseI az atter m the matter ay he heard, on Thursday, Tenant #/ the nmes being Flodda Bas No. 81855 flctltlaus to a—um for Dar- It you are a person with Corporation, PlA if d Thomas Bissonnette ar - •' - Other P'6611 UC_25 )? s The Session wiU cmmence t pen In In the March 74, 2016 U. are the Defendarns, Nat a Witt' who ee-s y tlefendant(s), the perk f County Comm(ssion ehm- Place: Martin County Carolyn Timmann. Martin accommodation m wdef to CG%r Geek at CwrtsVUI partldpare m NIS proceed- to the N9hen and best g, you are entitled, nt no Court, IeifteV R SmIN, wiB B [o the ghost and hest bidder for cash t electron- NOTICE Ettactive March 15, 1016, Or. hers locatedonthefirsI now f Building A of the Coun- ty Adm(tdstratlon cm0lea, AtlMrdstrative Center 2401 S.E. Monterey Road Stuart, Florida bi11 dder for cash by lectronic cost to you, to the provislon is sale at mtDs%Jna- Gerardo Oliver. Will no loo- 18a127N street. Vero BeacR Sale atwwwsnart.n.re pore. of out assistance.%ease dou.conh. begkuimg tIM contact Come Johnson, ADA i iver.realforedosewm, beglrming at 10:00 AM, on ger be employed by Mar- tin Heath Physician GrouR Payient II be Flodda, veto continue at dosed meetingNNeCwnTy All Interested persons e ted to attend dee AM on the Sttlhl day o1 A I Coordinator. 250 NW Cwntry 200pC the followingVe 7 March 21, 20016, the following !Cords CmmiiSimerS' Conference Room located on the heard. Persons with asabU- toes who need an accom- FLu134966te fortlt In d SLubLud (772) pyr Krtt'y sar gat sal torthlndEFnal�dgment, o R... Stuart.0RE3111 tele con- flwr o Building second In order to c- Rna11WBgLm rt, to wit 807-4370 least 7 days LORIVER sOr to -wit LOT U hone (772) 223-5757. p y Yeacal rtcwd ctrryaniferored f Ne Count Adminls- Y nd ty —Pies _d..,, Nadation i to in this oceedi are titled M no Cost. to Ne SHORES, SECTIO10 N I'1 edWte- S. ppearg�. HIGHL14 MD RS ABCCOORp mI . a to M an openme<brq pproWevon of certain sts ACCORDING THE MAP OR It' upon rettiWng Nis roti- PLAT THEREOF AS RECORD- fIm If the tone before ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK to a physician of your place az no charge with a signed n The tronartsportztlon ED IN PLAT BOOK 3, PAGE the scheduled appearance Is 5, PAGE 102. OF THE PUBLIC tlhonzatlon. pthrpbe_ estimate! time of the attorney-dlent toandRom Ne mtt11 Pltaze con- I3B. PUBLIC RECORDS OF less than 7 days: If You are EFLORIDA. RECORDS OF INDIAN RIVER Pub: February 15, 22. 29, zesziwisfortY'five N$)mio- tact the Ofn¢i'e of the County MARTPUBLIC A� person darting FL_headny w voce impaired, Nter- call 711. COUNTY, RORIDA. ANY PERSON CLAIMING AN March], 2016 TCN 886710 mes. Pr<sem at the meeting wUl be Commissioners Bob Administrator at (772) 221- 2360• or In writing to 2401 t th the wrpiuz hon the Pub: March 7,14, 2016 Sale, It any, odhv Iran the TCN 979307 INTEREST IN THE SURPLUS FROM THE SALE, IF ANY••`--'�"_ �Q Solari (ehalrmaN. Joseph E SW"" Flescher Mte ChalrtnaN. S.E. Monterey Road. Stuart. FL 34996. m Tater than three Property owner az of the date of the Gs pendens must OTHER THAN THE PROPERTY OWNER AS OF THE DATE of --_ _ -- S. DaNs, Tim Zor. and Peter D. O'Bryan. Mza days Der we theheadng date. Persons casino a TDD device. NATIONAL INVESTMENTS N U.C. y UL! Um'tee StatasFI If edlAmenwmpamr, THE OLAMA CORPORATION, a Florida corporation, HOSSEIN OLAMA, an Individual. and the UNITED STATES SHALL BUSINESS AMENDED NOTICE OF SALE faIz hereby given that, pursuantto A Summary FtrW Judgment ofForedozure In the above -captioned action, l will sell the real and personal Property situated 0ows EXHIBIT •A• •Land^ certain piece• parts and tract of land located In SAINT LUCIE County, Florida, described as follows: UD WESTERLY RIGHT OF WAY LINE A DISTANCE OF 86051 FEET TO A POINT, THENCE RUN WEST A DISTANCE OF 367.17 FEET TO A POIN ACCESS AND UTRJTY EASEMENT RECORDED IN BOOK 1467. PAGE 1269, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA OF LOT 4, BLOCK 4, SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGE n the Lard re9arAe zz ores w}I Metrephysically off sed thereto mdsevethred wwcapxmWe of sev aknice Merehom.and all replaor cementI thereof. which term Includes any pawhole orst I firtures now or hereafter located under, on or above the Land which constitute or wiU constitute figures under the Law of the state of Florida which term includes any M Th~benefit of dig <asern and other rilh" of arty nahra whatsoever appurtenw to Ne Lmhd w the Imwovementz, or botk and aU riches a orad, streets. Net's N and rights of Nwess and egress ,.the Land, and all Adjoining property, whether now existing or her adzNq,tog.therwith the reversiw or reversion, z ts, (zw-ez (nw.-=O es, and wofI" of any of th loregoinp. trty. AR Mortgagor's invest In N fixtwes, eq _g wOpz now Sown and/or growing in the future and tangible personal properly of my nature whatsoever now Or h all Mspovpon !voluntary, Or mvmunrary) Or hoe Lang rmwovemenu sarin— rmpercy, w nmq mauwng v. -- block drywN, sheet auk, concrete, root trusses. beems._Joints, or any other personal Property used Or intended to be IAnd nc_ tekhzi whereinPars revizions� modificaLC tions, or quaran anteeso(perlomhl lance of oblipat Golden to Parsal Prop<rtlA. LLC due lai:dmeanwrt p�aaf certain imm'eeaitN tee: Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office of INDIAN MEMORANDUM TO: Board of County Commissioners 13b Attorney's Matters 03/15/2016 THROUGH: Chris Mora, Public Works Director C� FROM: William K. DeBraal, Deputy County Attorney DATE: March 8, 2016 RIVER COUNTY ATTORNEY SUBJECT: Necessity of Take Resolution for a parcel of property located on the south side of 531d Street west of Old Dixie Highway I INTRODUCTION The following information is submitted for consideration by the Board of County Commissioners (BCC) in approving the Resolution of Necessity for property acquisition associated with the construction of 53rd Street west of Old Dixie Highway (hereinafter referred to as "Project"), in Indian River County. The limits of the Project are from the intersection of Indian River Boulevard to 5811 Avenue. II. PROJECT PURPOSE AND CHRONOLOGY The project consists of constructing 53rd Street into a four -lane road with bridges, turn lanes, improved drainage, sidewalks and signalization. The project also includes roadway signing and pavement marking items. The Estate of William and Carlyne Jenkins, (Jenkins) owns two adjacent parcels of property that lie on the south side of 53rd Street west of Old Dixie Highway and east of the Waterway Village development. The two parcels have a combined size of 27.63 acres. These roughly rectangular - shaped parcels are zoned A-1, Agricultural, up to 1 unit per five acres. The underlying future land use is C/I Commercial Industrial. The parcels are undeveloped and were the site of the former F.PPROVED FOR --- ,3 - I5- AOi(O B.C.C. MEETIN,ULAR A OUNTY ATTORNEY Ineiuro Rivv Gn ed Date Admin Legal Budges Dept. 3- hlsk h4 gr. 277 53rd Street Jenkins Resolution March 9, 2016 Page 12 Jenkins sand mine. The property is in the process of being filled in and at this point, approximately 15 acres are submerged. The road construction plans for 53 Id Street called for the County to acquire approximately 6.2 acres of submerged and upland property from the Jenkins for road right-of-way for the construction of 53rd Street. The County also needed a 2.86 acre Temporary Construction Easement (TCE) on the south side of the right-of-way parcel for access during the construction process Sketches and legal descriptions of the two parcels are attached to this memorandum Following the completion of the Project, it was discovered that the area used for a TCE was permanently covered with fill material in order to support the road. In hindsight, the County should have sought a Permanent Slope Easement when purchasing the needed right-of-way rather than a Temporary Construction Easement. After discovering that the TCE was of a permanent nature, the Jenkins filed a lawsuit alleging that Indian River County had inversely condemned this portion of their property by placing fill material on the Jenkins property. That suit is pending in the Circuit Court and the County is represented by its outside eminent domain attorney, Bill Doney, Esq. In order to provide for the lateral support for the 53rd Street Extension and to harmonize the roadway with abutting lands, the County needs to acquire a permanent slope easement on, over and under the TCE parcel. This slope easement can be used by the County to permanently place or install soil, sand and other fill materials over the easement area in order to provide lateral support and to prevent the washout or erosion of the 53rd Street roadway. By acquiring the Permanent Slope Easement, the County will have the permanent right to enter the easement area in order to repair, replace and maintain the easement area and the materials placed thereon. The Jenkins, their heirs, successors and assigns, will have full use of the easement area but they would be permanently prohibited from removing or interfering with the operation, functioning, maintenance or repair of the fill materials or improvements placed on the easement area by County A Resolution of Necessity -does not require a public hearing It requires the Board to review the safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take The Board considered those factors at the following times: • Late 1980s 531 Street was added to the County's Road plan, and right-of-way was purchased east of the canal • In 2004, 150' of right-of-way west of the Lateral H Canal was obtained from the Waterway Village DRI • In 2005 Florida East Coast Rail Road approved the 53rd Street crossing • In 2008 North American Properties/Publix agree to share improvement costs of 531d Street east of US Highway 1 with the County • In 2009 bridge over the Lateral H Canal was completed by the County • In 2011 a Developer Agreement with DiVosta extended 53rd Street to the Lateral H Canal The attached Resolution of Necessity provides for the following: • The Board finds it necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit to Final Judgment 278 53'd Street Jenkins Resolution March 9, 2016 Page 13 III. FUNDING Although not currently budgeted, funds for this expenditure are available through a budget amendment from Traffic Impact Fees/District II/Cash Forward -Oct 1st. to Traffic Impact Fees/District II/ROW/53rd Ave/58th St to US 1, Account # 10215241-066120-02025. IV RECOMMENDATION Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. Attachments: Proposed resolution Parcel legal description of easement to be taken Copies to Chris Mora Bill Doney, Esq. 279 RESOLUTION 2016- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE A PERMANENT SLOPE EASEMENT ON, UNDER AND OVER CERTAIN REAL PROPERTY FOR THE PUBLIC PURPOSES OF IMPROVING AND CONSTRUCTING 53RD STREET, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE A PERMANENT SLOPE EASEMENT IN AND TO THE PROPERTY LEGALLY DESCRIBED ON ATTACHED EXHIBIT "A" BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS Indian River County population has steadily increased over the last 30 years; and WHEREAS the continued growth in Indian River County has 'greatly increased the vehicular traffic within the County Roadway Network; and WHEREAS the increased traffic has greatly impacted the traffic flow on east/west arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on State Road 60 and other arterial east/west roadways within the transportation network in Indian River County by widening and reconstructing 53`d Street; and WHEREAS the Indian River County Long Range Transportation Plan included the construction of 53`d Street as a major east/west arterial roadway; and WHEREAS the Board of County Commissioners has considered factors, including, but not limited to, safety, costs, alternate routes or methodologies, long range plans and the environment, as applicable to this parcel; and WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire a permanent slope easement on, over and under the real property more particularly described in Exhibit "A" in order to provide for the lateral support of the new roadway and to harmonize the roadway with abutting lands for the improvement and the construction of 53rd Street; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. 280 RESOLUTION 2016 - SECTION 2. Indian River County finds it necessary and in the public interest to acquire a nonexclusive, permanent slope easement on, over and under the real property described in Exhibit "A", attached hereto and incorporated herein by reference, for the purposes of providing lateral support to the 53`d Street Extension roadway and in order to harmonize said roadway improvements with abutting lands for improving and constructing 53`d Street in order to provide for the health, safety and welfare of the growing population of Indian River County. Said easement shall be used by the County to permanently place or install soil, sand and other fill material necessary in the County's discretion, over, on, under, through and across the easement area. The County shall have the permanent right to enter the easement area in order to repair, replace and maintain the easement area and materials placed thereon. The abutting owner, and his successors and assigns, shall have full use of said easement area, provided, said owner(s) shall be permanently prohibited from removing or interfering with the operation, functioning, maintenance or repair of the fill materials or improvements placed on the easement area by County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statutes Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis, Commissioner Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 15th day of March, 2016. 2 281 RESOLUTION 2016 - ATTEST: Jeffrey R. Smith, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk Approved as to form And legal sufficiency: By: L William K. DeBraal Deputy County Attorney 3 i Bob Solari, Chairman BCC approved: 282 PERMANENT SLOPE EASEMENT A PORTION OF THOSE LANDS DESCRIBED IN O.R.B. 1129, PG. 1611 AND O.R.B. 243, PG. 286 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID LAND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID POINT LYING ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET, AND RUN EASTERLY, ALONG THE SAID NORTH LINE OF SECTION 22, A DISTANCE OF 404.07 FEET TO A POINT, SAID POINT BEING THE N.W. CORNER OF PROPERTY DEEDED TO TARMAC AMERICA L.L.C. RECORDED IN O.R.B. 2015, PG. 280 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHEASTERLY, ALONG THE WEST LINE OF SAID O.R.B. 2015, PG. 280, A DISTANCE OF 103.8 FEET, MORE OR LESS, TO A POINT LYING 100 FEET SOUTH OF THE NORTH UNE OF SAID SECTION 22; THENCE RUN WESTERLY, ALONG A UNE PARALLEL WITH AND 100 FEET SOUTH OF THE NORTH LINE OF SECTION 22, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (160' R/W PER INDIAN RIVER FARMS DRAINAGE DISTRICT PLAN OF RECLAMATION MAP DATED MARCH 1920); THENCE RUN NORTHWESTERLY, ALONG THE SAID EAST RIGHT-OF-WAY LINE OF THE LATERAL "H" CANAL, A DISTANCE OF 111.6 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID SECTION 22 AND THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET; THENCE RUN EASTERLY, ALONG THE SAID NORTH LINE OF SECTION 22 AND THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET, TO THE POINT OF BEGINNING. CONTAINING 124,724 SQUARE FEET, MORE OR LESS, OR 2.86 ACRES. NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. 283 BCC AGENDA March 15, 2016 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 3, 2016 SUBJECT: Official Holiday Discussion FROM: Joseph E. Flescher, Vice Chairman Commissioner, District 2 I request an open discussion of official holidays for Indian River County employees and options for including the Federal legal holiday of Martin Luther King, Jr. Day in the official listing of Indian River County holidays. WIT'i BOARD OF COUNTY COMMISSIONERS The following schedule of holidays for Indian River County employees has been approved by the Board of County Commissioners for 2016: Holiday County Observance New Year's Day Friday, January 1, 2016 Good Friday Friday, March 25, 2016 Memorial Day Monday, May 30, 2016 Independence Day Monday, July 4, 2016 Labor Day Monday, September 5, 2016 Veterans Day Friday, November 11, 2016 Thanksgiving Day Thursday, November 24, 2016 Day after Thanksgiving Friday, November 25, 2016 Christmas Eve Friday, December 23, 2016 Christmas Day Monday, December 26, 2016 New Year's Day Monday, January 2, 2017 Employees are eligible for holiday pay only if they are in pay status the last scheduled work day before and the first scheduled work day after a holiday. 285 March 15, 2016 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 7, 2016 SUBJECT: Consideration of Martin Luther King, Jr. Day as a Formal Holiday FROM: Peter O'Bryan Commissioner, District 4 Request the Board to consider amending the 2017 Holiday Schedule to include Martin Luther King, Jr. Day as a formal, approved holiday. 2 pgs. backup included. 286 =t :; L UTH.- IAN -C H R _ = _ February;,2016 Dearindian`.River.County Commissioners, This past Martin Luther King, Jr,. Day our congregation decided to be a par't•of the Martin WtherKi`g,,J�-parad- ih Gifford. We:felt-that in ioda.y's'World,-with so•many tensions'between.ourcommunities:(and a. general;feeling . . of -polarization and'divisions permeating our society) we.wanted,to do something that would;:perhaps help'build abridge between our communities. Well; it was a wonderful experience as,we connected with other`members of our-comrriunit"ies before,:duringvand after the,-parade! We all-decidedAhat day-to do it again.nexf year. -it was, . only after.the parade that•I,realized-that'Indian'River County doesn't,officially observe. Martin Luther King, Jr. Day.- I also realize that there would be'a cost involved iri observing this daji. ,But since:66 bf the 67; counties in.Florida ., already obs6rve'this day; we feel it'is-one<positive.thing'we can•do,as a co_ mmunity to help build.brid_ges and bring people together`:: We feel,tliis is neitfie�.a "conservabve":or "jitieral" thing; 6' t just a-good:aiid'decent� thing for us all to. iio, and would be good for our community. M 1, said; we'II'be:at.tKLi:parade'again.nezt.year arid.'would.k to'know that ' °`fndian River, Count is officially :obse ving.'this day as"welL.The_names.of other leaders'of some of our.fait. ' communities, listed below, also lend their, support to this:recommendation: _ Thank you for ybur consideration of this• as-:togefher we do what we can lo:help,build bridges:among us. Siricerelyand'Gratefully, PaStor,Ahdfew C.�'Ja'cV, Diehl III +'and:the undersigned`. ; _ : = _ = - 6(00 "You are the fight of'fheworld.,;,- Matthew 5:14 i85o Sixth Avenue • Vero Beacli, Florida 3296o772156712t?S3 • oursaviorelca.com 287 Signers. of Martih-Luther King -Letter-; 'Rev: -Andrew C.- Jack`' Diehl -III ` Our Savior Luther -'an Church Rev. Scott Alexander, Unitarian. Universalist Fellowship Deacon Wayne Creelman, 'Holy, Cross Catholic Church Chaplain'MindyS&afin, Indiain•River Medical Center Rabbi ,Michael'Birnholz, Temple B,eth'Shalotn Rev.. Kathy. McManus-, Unity Spiritual Center... ' Rev.- Dan- Holloway, Unity Spiritual Center. Jane Burchaus,, Christian Science - Suzy Feeney, -Christian Science'. : Rev.,Charles;E.-Hauber, Church,of, Jesus Christ -of Latter Day Saints- : .Rev. JosephbeGroote,. 'St.,Augustine-:Episcopal Carol Ludwig,` Center for Spiritual' Care Rey., -Shelly .Satrap, • Our" Savior Lutheran,Church Fr. Michael Goldberg-,, St:,Augustine- Episcopal,. . Fr, Tommy Matthews, St. -Edwards -School : Rev.: -Bob Baggott, Community Church - Deacon.Qick Blake, Holy,Cross Catholic Church Maryann: Ronan -Lawson, 288 March 15, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 9, 2016 SUBJECT: Community Residential Homes (Group Homes) FROM: Tim Zorc Commissioner, District 3 Discussion Item: Discussion of Community Residential Homes, also known as Group Homes, to include: • Recent concerns of neighbors on proposed group homes in their neighborhood. • Group homes, another State mandate, where applicants apply with the State directly, but local officials are not part of the review or approval process. This is similar to the State mandate regarding Short Term Rentals where the applicants receive their license directly from the State. • One group home in Indian River County has had over 20 calls to 911 for a variety of complaints and requested services. One of the calls was when the "Residential Home Supervisor" abandoned the occupants. • County staff has tried to unsuccessfully secure a full list of State licensed group homes, but as of this date no list has been provided. • Request County staff make a formal request to the appropriate State agencies to obtain a current list of all group home permitted in Indian River County. • Have County departments review the list to ensure that they are in compliance with all group home requirements. 289 Tim Zorc From: Bill Debraal Sent: Friday, March 04, 2016 12:39 PM To: Tim Zorc Cc: Stan Boling; Dylan Reingold Subject: FW: Community Residential Homes Commissioner Zorc: Following up on our meeting from February 19 with the Glendale Lakes residents, I did some research into the issue of the experience, training and education requirements of a Community Residential Home supervisor or leader. The required experience/education/training depends on the state agency regulating the group home and the type of residents staying in the home. For the Department of Elder Affairs, the provider must be at least 21 years old, able to read and write, attend a 12 -hour basic adult family care home training program and attend three hours of continuing education every year. They also must pass a Level 1 background check and be free of tuberculosis. See Florida Administrative Code §58A-14.008 linked here: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=58A-14 These are the requirements for a person working in a group home for elderly residents. For the Department of Children and Family Services, Agency for Persons with Disabilities, the provider must be at least 18 years old, a high school graduate or GED holder, completed 30 semester hours of college level classes in special education, mental health counseling, guidance counseling, social work or health and rehabilitative services. Before working in the residence, they must complete two training classes, basic first aid and CPR and an HIV/AIDS course See Florida Administrative Code §65G-2.008 linked here: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=65G-2 These are the requirements for a person working in a group home for children or adults who have a: • a physical or mental impairment or developmental disability • a developmental disability such as autism, cerebral palsy, Down's Syndrome etc. • a non -dangerous person who has a mental illness (not including intoxication or substance abuse) For the Department of Juvenile Justice, the provider must have 120 hours of Protection Action Response (PAR) Training, CPR, Suicide Prevention, Professionalism and Ethics, adolescent behavior, emergency procedures and a laundry list of other training listed at Florida Administrative Code §63H-2.003 and linked here: https.//www.flruies.org/gateway/`ChapterHome.asp?Chapter=63H-2 These are the requirements for a person working in a group home for children who are found to be dependent (parents or extended family not able to care for the child) or are in need of services (persistent runaway, truant or disobedient to parents) If you need further information, please advise. Bill DeBraal Deputy County Attorney (772) 226-1426 From: Bill Debraal Sent: Thursday, February 18, 2016 5:40 PM To: BCC - Board Members <bccboard@ircgov.com>; BCC - Office <bccoffice@ircgov.com> Cc: Stan Boling <sboling@ircgov.com>; Dylan Reingold <dreingold@ircgov.com> Subject: Community Residential Homes 290 All It is my understanding that residents of the Glendale Lakes Subdivision off of 8th Street have contacted you or may be contacting you with regard to a planned Community Residential Home that is moving into their subdivision. Since the County has little jurisdiction over these Homes, you are free to meet with the concerned citizens. I have copied below the entire 2 pages of Chapter 419 FS that speaks to these Community Residential Homes. If there are 6 or fewer residents residing in the home, the County is without authority to regulate them so long as they are in a single or multi -family neighborhood and are more than 1,000 feet away from another Community Residential Home. (see Section 2 below) If there are 7 or more residences, then the County must be notified. A Community Residential Home may have residents that are • frail elderly people • a person who has a handicap – a physical or mental impairment or developmental disability • a person who has a developmental disability such as autism, cerebral palsy, Down's Syndrome etc. • a non -dangerous person who has a mental illness (not including intoxication or substance abuse) • a child who is found to be dependent (parents or extended family not able to care for the child) • a child in need of services (persistent runaway, truant or disobedient to parents) If you have any questions before or after meeting with the residents, please advise. Bill DeBraal Deputy County Attorney (772) 226-1426 CHAPTER 419 COMMUNITY RESIDENTIAL HOMES 419.001 Site selection of community residential homes. 419.001 Site selection of community residential homes.— (1) For the purposes of this section, the term: (a) "Community residential home" means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. (b) "Licensing entity" or "licensing entities" means the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or the Agency for Health Care Administration, all of which are authorized to license a community residential home to serve residents. (c) "Local government" means a county as set forth in chapter 7 or a municipality incorporated under the provisions of chapter 165. (d) "Planned residential community" means a local government -approved, planned unit development that is under unified control, is planned and developed as a whole, has a minimum gross lot area of 8 acres, and has amenities that are designed to serve residents with a developmental disability as defined in s. 393.063 but that shall also provide 291 housing options for other individuals. The community shall provide choices with regard to housing arrangements, support providers, and activities. The residents' freedom of movement within and outside the community may not be restricted. For the purposes of this paragraph, local government approval must be based on criteria that include, but are not limited to, compliance with appropriate land use, zoning, and building codes. A planned residential community may contain two or more community residential homes that are contiguous to one another. A planned residential community may not be located within a 10 -mile radius of any other planned residential community. (e) "Resident" means any of the following: a frail elder as defined ins. 429.65; a person who has a handicap as defined in s. 760.22(7)(a); a person who has a developmental disability as defined in s. 393.063; a nondangerous person who has a mental illness as defined in s. 394.455; or a child who is found to be dependent as defined in s. 39.01 or s. 984.03, or a child in need of services as defined in s. 984.03 or s. 985.03. (f) "Sponsoring agency" means an agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or operate a community residential home. (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section; provided that, prior to licensure, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing entity. (3)(a) When a site for a community residential home has been selected by a sponsoring agency in an area zoned for multifamily, the agency shall notify the chief executive officer of the local government in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the licensing entity indicating the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide to the local government the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located. The local government shall review the notification of the sponsoring agency in accordance with the zoning ordinance of the jurisdiction. (b) Pursuant to such review, the local government may: 1. Determine that the siting of the community residential home is in accordance with local zoning and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. 2. Fail to respond within 60 days. If the local government fails to respond within such time, the sponsoring agency may establish the home at the site selected. 3. Deny the siting of the home. (c) The local government shall not deny the siting of a community residential home unless the local government establishes that the siting of the home at the site selected: 1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area. 3 292 2. Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area. (4) Community residential homes, including homes of six or fewer residents which would otherwise meet the definition of a community residential home, which are located within a planned residential community are not subject to the proximity requirements of this section and may be contiguous to each other. A planned residential community must comply with the applicable local government's land development code and other local ordinances. A local government may not impose proximity limitations between homes within a planned residential community if such limitations are based solely on the types of residents anticipated to be living in the community. (5) All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home. (6) If agreed to by both the local government and the sponsoring agency, a conflict may be resolved through informal mediation. The local government shall arrange for the services of an independent mediator. Mediation shall be concluded within 45 days of a request therefor. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law. (7) The licensing entity shall not issue a license to a sponsoring agency for operation of a community residential home if the sponsoring agency does not notify the local government of its intention to establish a program, as required by subsection (3). A license issued without compliance with the provisions of this section shall be considered null and void, and continued operation of the home may be enjoined. (8) A dwelling unit housing a community residential home established pursuant to this section shall be subject to the same local laws and ordinances applicable to other noncommercial, residential family units in the area in which it is established. (9) Nothing in this section shall be deemed to affect the authority of any community residential home lawfully established prior to October 1, 1989, to continue to operate. (10) Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others. (11) The siting of community residential homes in areas zoned for single family shall be governed by local zoning ordinances. Nothing in this section prohibits a local government from authorizing the development of community residential homes in areas zoned for single family. (12) Nothing in this section requires any local government to adopt a new ordinance if it has in place an ordinance governing the placement of community residential homes that meet the criteria of this section. State law on community residential homes controls over local ordinances, but nothing in this section prohibits a local government from adopting more liberal standards for siting such homes. 4 293 History.—s. 1, ch. 89-372; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 36, ch. 93-206; s. 6, ch. 95-152; s. 42, ch. 96-169; s. 222, ch. 97-101; s. 46, ch. 98-280; s. 14, ch. 98-338; s. 53, ch. 99-193; s. 23, ch. 99-284; s. 7, ch. 2000-135; s. 93, ch. 2004-267; s. 34, ch. 2006-86; s. 110, ch. 2006-120; s. 1, ch. 2006-177; s. 99, ch. 2007-5; s. 30, ch. 2008-245; s. 3, ch. 2010-193; s. 237, ch. 2014-19; s. 29, ch. 2015-30. 294 March 15, 2016 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 8, 2016 SUBJECT: County Owned Surplus Propert FROM: Tim Zorc _� Commissioner, District 3 Discussion Item: Discussion of County -owned property focused on: • Designating properties no longer needed by the County • Establishing a procedure for sale. (i.e., If property was purchased for future right- of-way needs and the need is no longer there, do we offer the property for sale back to the original owner or current owner of the adjoining property?) • If property is located inside the city limits, have discussions with both the city and school board to determine their interest in the property. • If a property is located inside the city limits and is currently being used to benefit the city or adjoining property owners, establish a procedure on how the County would dispose of these properties. • Establish a policy for sale proceeds on how they would be spent. • Set a time line for the above items. 295 Indian River County, Florida Property Appraiser - Printer Friendly Map Print I Back Indian River County GIS No selection made. http://www.ircpa.org/PrintMap.aspx Page 1 of 2 3/11/2016