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Home My WebLink About10/14/2014 (2)PROCLAMATION DESIGNATING OCTOBER 17, 2014, AS ERDHEIM-CHESTER RESEARCH AND AWARENESS DAY IN INDIAN RIVER COUNTY, FL WHEREAS, Erdheim -Chester Disease is a super -rare, cancer -like disease that can attack and destroy any organ(s) of the body; and WHEREAS, very few citizens, including the medical community, have ever heard of Erdheim -Chester Disease; and WHEREAS, renowned medical scientists around the world are researching the cause of, and effective treatment protocols for, Erdheim -Chester Disease; and WHEREAS, our county has been hard-hit by Erdheim -Chester Disease; and WHEREAS, our citizens have proven time and again their concern for the welfare and health of their neighbors; and WHEREAS, awareness of Erdheim -Chester Disease and the need for continued research must be done. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby designate OCTOBER 17, 2014, AS ERDHEIM-CHESTER RESEARCH AND AWARENESS DAY IN INDIAN RIVER COUNTY, FL. Adopted this 14th day of October, 2014 BOARD OF COUNTY COMMISSIONERS, INJ RIVER COUNTY, FLORIDA ryan, Chairman Wesley S. Davis, ice Chairman Bob Solari PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2014, AS NATIONAL ARTS AND HUMANITIES MONTH WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states across the country, as well as by the White House and Congress for more than two decades; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect and imagination of humankind; and WHEREAS, the arts and humanities play a unique role in the lives of our families, our communities and our country; and WHEREAS, the cultural arts industry also strengthens our local economy by producing $346 million in goods and services, $3.6 million in Florida Sales Tax, $500,000 in Indian River County Sales Tax, and $11.8 million in Indian River County Property tax in total economic activity annually and by supporting the full-time equivalent of 1,769 jobs earning $59 million. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2014, be designated as NATIONAL ARTS AND HUMANITIES MONTH in Indian River County and call upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in their towns and cities. Adopted this 14th day of October, 2014. BOARD OF COUNTY COMMISSIONERS, IN RIVER COUNTY, FLORIDA j,&,/ Peter D. O'Bryan, Chairman Wesley S. Davis, Vice Chairman e E. Flescher Bob Solari Tim FLORIDA FOREST SERVICE OKEECHOBEE DISTRICT (863) 462-5160 (863) 462-5162 FAX 5200 HIGHWAY 441, NORTH OKEECHOBEE, FLORIDA 34972-8697 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM September 10, 2014 Indian River County Board of County Commissioners Joseph A. Baird, Administrator 1801 27th Street Vero Beach, FL 32960 Dear Mr.Baird, Under the authority of Florida Statutes 125.27, the Florida Forest Service contracts with each county board of commissioners for countywide forest fire protection. To fulfill the provisions of this law an annual report to the county is submitted. This report covers the services and activities carried out in part from the funds provided to the State through the fire control assessment. The attached report for your review and comment covers the period of July 1, 2013 through June 30, libuy 2014. The report specifically covers the Florida Forest Service work in your county regarding the following: • Total Acreage Forest/Wild land Protection • Burn Authorizations • Fire Activity • Fire Prevention • Rural Community Fire Protection Equipment Lease • Mitigation It is our goal to render the best possible wildland fire management services to the residents of Indian River County and we look forward to rendering that assistance in the coming year. Please contact me at your convenience should you have any questions or require additional information at (772) 778-5085 or Trevor.Taylor@FreshFromFlorida.com. Sincerely, —/ 7,,jG' �Lt� Trevor Taylor Forest Area Supervisor 1-800-HELPFLA www.FreshFromFlorida.com 3 SANA.GT+AINWIStke.,fiVIPit 'YUYC'Y++!^iHbit740/P:LU.1binit.DPW 1/464".1.4,41,1541.1 161WW.07,4.*C•, PORES.. SERVICE nceiturr nt .as Florida Forest Service J 11 Annual Fire Management Report Indian River County 2014 Wildland fire protection is the primary responsibility for Florida Forest Service employees in Indian River County. Our services include wildfire detection and suppression, plowing or harrowing pre -suppression firelines, prescribed burning, wildfire mitigation mowing, chopping, and conducting wildfire prevention programs. The following is a breakdown of fire management activities performed by the Florida Forest Service in Indian River County for fiscal year 2013-2014. The Florida Forest Service suppressed 14 wildfires in Indian River County on 324.3 acres, 92.66 percent of these fires were caused by lighting. The Florida Forest Service issued 669 burn authorizations to customers in Indian River County. There were authorizations issued for pile burning primarily agriculture including citrus and pasture operations. The acreage authorizations encompassed 27,102 acres and included silvicultural / hazard removal, silvicultural wildlife, and pasture / range management. Acreage burning for silvicultural Hazard removal came in at 22,305 acres with just 6 authorizations. For fiscal year 2013/2014, Indian River County was assessed $13,821.36 for fire management services on 197,448 acres. To reduce the threat of wildfires, Florida Forest Service employees in Indian River County plowed pre -suppression fire lines on 60 acres for 2 landowners. In addition to pre -suppression firelines, the Florida Forest Service protected structures by mitigation mowing, roller chopping, and plowing 100 acres of woodlands in urban interface areas in cooperation with Indian River County Conservation. The structures protected are valued at approximately $10 million dollars. The Florida Forest Service cooperates with Indian River County Fire Rescue and Florida Park Service by working together to extinguish wildfires as well as leasing federal excess vehicles and equipment. One (1) heavy truck is currently leased to the Florida Park Service in Sebastian. Fire Prevention programs are essential to reduce the occurrence of human -caused fires. The Florida Forest Service has been tremendously successful in using Smokey Bear Programs to teach children about fire safety. Teens and adults are also educated to use fire responsibly and taught the difference between good fires and bad fires. Last year the wildfire prevention message was taken to the Firefighters Fair, Relay ONL i for Life event, and other events in the community. We also continue to reach out and stay diligent with the fire prevention message whenever the opportunity presents itself. In all activities, our mission is to protect and manage the forest resources of Florida, ensuring that they are available for future generations. 1 5 0 Attachment: A Cause Fires Percent Acres Percent Campfire 2 14.29 0.6 0.19 Children 2 14.29 1.5 0.46 Debris Burn* 0 0 0.0 0 Debris Burn--Auth--Broadcast/Acreage 0 0 0.0 0 Debris Burn--Auth--Piles 0 0 0.0 0 Debris Burn--Auth--Yard Trash '0 0 0.0 0 Debris Burn--Nonauth--Broadcast/Acreage 0 0 0.0 0 Debris Burn--Nonauth--Piles 1 7.14 2.7 0.83 Debris Burn--Nonauth--Yard Trash 0 0 0.0 0 Equipment use* 0 0 0.0 0 Equipment --Agriculture 0 0 0.0 0 Equipment --Logging 0 0 0.0 0 Equipment --Recreation 1 7.14 1.0 0.31 Equipment --Transportation 0 0 0.0 0 Incendiary 2 14.29 17.0 5.24 Lightning 5 35.71 300.5 92.66 Miscellaneous --Breakout 0 0 0.0 0 Miscellaneous --Electric Fence 0 0 0.0 0 Miscellaneous --Fireworks 0 0 0.0 0 Miscellaneous --Power Lines 0 0 0.0 0 Miscellaneous --Structure 0 0 0.0 0 Miscellaneous --Other 0 0 0.0 0 Railroad 0 0 0.0 .0 Smoking 0 0 0.0 0 Unknown 1 7.14 1.0 0.31 Total 14 324.3 2 6 Attachment: B Authorized Authorized Authorized Burn Type Fires Acres Piles Agricultural--Pasture 249 1,058 721 Agricultural--Range management 38 548 51 Agricultural--Stubble (post harvest) 0 0 0 Agricultural--Sugarcane 0 0 0 Agriculture--Citrus 301 0 859 Land clearing--Non-residential--With ACI 18 0 18 Land clearing--Non-residential--Without ACI 27 0 29 Land clearing--Residential--With ACI 0 0 0 Land clearing--Residential--Without ACI 13 0 25 Silvicultural--Disease control 0 0 0 Silvicultural--Ecological 2 866 0 Silvicultural--Hazard removal 6 22,305 3 Silvicultural--Other 0 0 0 Silvicultural--Prior to seed 0 0 0 Silvicultural--Site preparation 0 0 0 Silvicultural--Wildlife 15 2,325 1 Total 669 27,102 1,707 1 Cat eet RESEARCHOCOAT°urce Cat ee Jobs Fest Searchingemployment? for Find the perfect position at our hiring event. October 15, 2014 10:OOam to 2:OOpm Indian River County Fairgrounds Expo Center 7955 58th Ave, Vero Beach, FL 32967 Numerous companies with various positions. FREE for job seekers and employers. Event E}artrlers T Indian Ricci Count% NOW Of IC AN n! AMn CIIAMBEl( OF COM EIZCt Benefits: ► Meet with multiple employers in one place. Learn about job opportunities throughout the region. ► Put you communication ! interview skills to the test. For More Information Visit www.careersourcerc.com/jobfest or call 1-866-482-4473 An Equal opportunity employer/program Auxiliary alis and services are Cr liable upon r quest to individuals will) �Isdt iIilos All voice telephone numbers may be reached by persons using T1 YrTDE) equipment via the Florida Relay Service at 711 8 PROCLAMATION CELEBRATING THE GARDEN CLUB OF INDIAN RIVER COUNTY WHEREAS, The Garden Club of Indian River County was organized on March 31, 1928 and became a member of the Florida Federation of Garden Clubs in 1933 consisting of a corporation with a Board of Directors composed of the Officers elected by the general membership, Circle Presidents and the chairmen of committees; there are currently 230 members in nine circles; and WHEREAS, the purpose of the Garden Club is to further the education of its members and the public in the fields of gardening, floral design, horticulture, botany and landscape design; and WHEREAS, the Club also studies and aids in the protection of native plant and bird life, encourages county beautification through all available agencies, and supports and practices conservation of natural resources; and WHEREAS, monies raised by the Garden Club are reinvested in the community as part of their civic projects. Schools, parks and other non-profit organizations have been the recipients of trees and other landscape materials. Some of the organizations benefitting from the Garden Club's donations include Riverside Theater, Vero Beach Museum of Art, The Samaritan Center, the Vero Beach High School, Gifford Youth Activities Center, and the Sun Up Center, the North Aquatic Center, Osceola Magnet School, Camp Haven, Shining Light Garden, the Environmental Learning Center, Indian River County Main Library, Pelican Island National Wildlife Refuge, McKee Botanical Garden, we offer scholarships to students at the University of Florida, Indian River State College and Wekiva Youth Camp. NOW, THEREFORE, BE IT PROCLAIMED. BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board congratulates the members of the Garden Club of Indian River County for their outstanding contributions to Indian River County. Adopted this 16th day of October, 2014. BOARD OF COUNTY COMMISSIONERS, N RIVER COUNTY, FLORIDA Peter D. O'B an, Chairman esley S. Davi , Vice Chairman eph Flescher Bob Solari • JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTO THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 30, 2014 SUBJECT: APPROVAL OF WARRANTS September 26, 2014 to September 30, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the time period of September 26, 2014 to September 30, 2014. Attachment: DB: MS 10 CHECK NBR 317628 317629 317630 317631 317632 317633 317634 317635 317636 317637 317638 317639 317640 317641 317642 317643 317644 317645 317646 317647 317648 317649 317650 317651 317652 317653 317654 317655 317656 317657 317658 317659 317660 317661 317662 317663 317664 317665 317666 317667 317668 317669 317670 317671 317672 317673 317674 317675 317676 317677 317678 317679 317680 317681 317682 317683 317684 317685 CHECKS WRITTEN CK DATE VENDOR 9/29/2014 INDIAN RIVER COUNTY TAX COLLECTOR 9/30/2014 TARGET CORPORATION 9/30/2014 PORT CONSOLIDATED INC 9/30/2014 JORDAN MOWER INC 9/30/2014 TEN -8 FIRE EQUIPMENT INC 9/30/2014 VERO CHEMICAL DISTRIBUTORS INC 9/30/2014 RICOH USA INC 9/30/2014 CHISHOLM CORP OF VERO 9/30/2014 DATA FLOW SYSTEMS INC 9/30/2014 B G KENN INC 9/30/2014 DELTA SUPPLY CO 9/30/2014 E -Z BREW COFFEE & BOTTLE WATER SVC 9/30/2014 AMERIGAS EAGLE PROPANE LP 9/30/2014 AMERIGAS EAGLE PROPANE LP 9/30/2014 HACH CO 9/30/2014 PETES CONCRETE 9/30/2014 EGP INC 9/30/2014 VERO INDUSTRIAL SUPPLY INC 9/30/2014 ACE PLUMBING INC 9/30/2014 PROFORMA IMAGING 9/30/2014 ARMFIELD WAGNER APPRAISAL AND RESEARCH 9/30/2014 DELL MARKETING LP 9/30/2014 XEROX CORP SUPPLIES 9/30/2014 GOLF SPECIALTIES INC 9/30/2014 GENERAL PART INC 9/30/2014 BAKER & TAYLOR INC 9/30/2014 MIDWEST TAPE LLC 9/30/2014 PRECISION CONTRACTING SERVICES INC 9/30/2014 MICROMARKETING LLC 9/30/2014 K & M ELECTRIC SUPPLY 9/30/2014 MELODY MUSIC 9/30/2014 GO COASTAL INC 9/30/2014 CLERK OF CIRCUIT COURT 9/30/2014 CITY OF VERO BEACH 9/30/2014 INDIAN RIVER ALL FAB INC 9/30/2014 LIVINGSTON PAGE 9/30/2014 JANITORIAL DEPOT OF AMERICA INC 9/30/2014 HENRY FISCHER & SONS INC 9/30/2014 PUBLIX SUPERMARKETS 9/30/2014 ARTHUR J GALLAGHER RISK MGMT SERVICES 9/30/2014 ACUSHNET COMPANY 9/30/2014 OFFICE DEPOT BSD CUSTOMER SVC 9/30/2014 HD SUPPLY FACILITIES MAINTENANCE LTD 9/30/2014 FAMOSO INC 9/30/2014 CALLAWAY GOLF SALES COMPANY 9/30/2014 FLORIDA POWER AND LIGHT 9/30/2014 MIKE CLIFFORD 9/30/2014 MELECH BERMAN 9/30/2014 THOMAS S LOWTHER FUNERAL HOME CORP 9/30/2014 GLOBAL GOLF SALES INC 9/30/2014 HIBISCUS CHILDRENS CENTER 9/30/2014 JOSEPH A BAIRD 9/30/2014 CHRISTOPHER R MORA 9/30/2014 COX GIFFORD SEAWINDS 9/30/2014 GIFFORD COMMUNITY CENTER 9/30/2014 HENRY SMITH 9/30/2014 COMCAST 9/30/2014 ECONOLITE CONTROL PRODUCTS INC AMOUNT 155.50 100.00 635.75 2,914.29 2,560.97 567.75 198.18 392.80 9,748.00 249.00 94.89 59.91 882.46 1,404.41 348.00 1,300.00 4,314.00 23.66 183.50 76.22 INC 500.00 960.42 233.46 625.00 391.42 328.61 931.03 2,741.40 31.99 66.30 169.92 139.50 2,806.70 7,725.29 790.00 160.00 396.20 1,881.25 86.91 194.00 112.80 19.44 122.35 484.80 84.30 13,288.04 300.00 500.00 425.00 40.18 2,500.00 536.51 364.23 425.00 330.69 40.00 98.76 39,528.00 1 CHECK NBR 317686 317687 317688 317689 317690 317691 317692 317693 317694 317695 317696 317697 317698 317699 317700 317701 317702 317703 317704 317705 317706 317707 317708 317709 317710 317711 317712 317713 317714 317715 317716 317717 317718 317719 317720 317721 317722 317723 317724 317725 317726 317727 317728 317729 317730 317731 317732 317733 317734 317735 317736 317737 317738 317739 317740 317741 317742 317743 317744 Grand Total: CK DATE VENDOR 9/30/2014 RUSSELL PAYNE INC 9/30/2014 CELICO PARTNERSHIP 9/30/2014 BUDGET NOTARY SERVICES INC 9/30/2014 JOSEPH W VASQUEZ 9/30/2014 FLORIDA NOTARY DISCOUNT ASSOCIATION 9/30/2014 PARGAS 9/30/2014 PAK MAIL CENTER 9/30/2014 MCMAHON ASSOCIATES INC 9/30/2014 PEIFFER CONSTRUCTION INC 9/30/2014 LARRY STEPHENS 9/30/2014 ELBERT C PICKERILL 9/30/2014 1ST FIRE & SECURITY INC 9/30/2014 FLORIDA SUPERIOR SAND INC 9/30/2014 SUNCOAST REALTY & RENTAL MGMT LLC 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/3.0/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 OAK RIVER PROPERTIES INC PETER OBRYAN JOHNNY B SMITH DANE MACDONALD FISHER & PHILLIPS LLP BRIAN FREEMAN MARINCO BIOASSAY LABORATORY INC STANDARD LIFE INSURANCE STANDARD LIFE INSURANCE OPT EQ THE ENVIRONMENTAL QUALITY COMPANY ATLANTIC COASTAL LAND TITLE CO LLC ACCUTECH INSTRUMENTATION INC SAFETY SCHELL CORPORATION FLORIDA COMBINED RAFAEL L ATKINS GFA INTERNATIONAL INC ALTERATIONS BLESSED R J SULLIVAN CORP LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC GAUDET ASSOCIATES INC CARDINAL HEALTH 110 INC CARDINAL HEALTH 110 INC BURNETT LIME CO INC TREASURE COAST TURF INC STRAIGHT OAK LLC RYAN HERCO PRODUCTS CORP DUININCK INC SUMMIT CONSTRUCTION OF VERO BEACH LLC NOVOTEC RECYCLING LLC RDW QUALITY BUILDERS LLC MARKETING SPECIALTIES OF GEORGIA LLC AXIS DATA SOLUTIONS INC INTER -BLOCK RETAINING SYSTEMS INC BERNARD EGAN & COMPANY STS MAINTAIN SERVICES INC DESHAWN JUDON ALYSSA UFFUTT ANNA RAMOS SAMANTHA PORAZZO LANGHAM CONSULTING SERVICES INC KERI PEDONTI GLOWACKI ANDREW J TONY MCCLOUD RAY NADEAU AMOUNT 367.71 373.25 74.11 40.00 5.00 387.25 36.99 15,554.65 20.00 40.00 500.00 489.00 1,554.21 500.00 500.00 538.17 40.00 30.00 3,550.00 27.05 2,020.00 7,319.37 9,647.00 16,136.24 75.00 938.20 3,166.57 22,879.64 500.00 24,690.00 29.00 5,296.00 2,459.15 1,353.60 650.00 622.48 764.59 6,462.40 192.00 162.17 7,605.15 90,725.00 22,655.00 682.00 47,541.00 5,641.64 1,191.25 46,928.00 4,215.61 3,298.00 50.00 50.00 50.00 50.00 3,120.00 237.56 219.03 60.00 500.00 471,378.83 TRANS. NBR 1004870 1004871 1004872 1004873 1004874 1004875 1004876 1004877 1004878 1004879 1004880 1004881 1004882 1004883 1004884 1004885 1004886 1004887 1004888 1004889 1004890 1004891 1004892 1004893 1004894 1004895 1004896 1004897 1004898 1004899 1004900 1004901 1004902 1004903 1004904 1004905 1004906 1004907 1004908 1004909 1004910 1004911 1004912 1004913 1004914 1004915 1004916 1004917 1004918 1004919 1004920 1004921 1004922 1004923 1004924 1004925 1004926 1004927 ELECTRONIC PAYMENT - VISA CARD DATE 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/29/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 VENDOR HARRIS SANITATION INC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC ADRON FENCE COMPANY INC EVERGLADES FARM EQUIPMENT CO INC COMMUNICATIONS INTERNATIONAL COPYCO INC HENRY SCHEIN INC SAFETY PRODUCTS INC LIGHTSOURCE IMAGING SOLUTIONS LLC HELENA CHEMICAL COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC DAVIDSON TITLES INC MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO MEEKS PLUMBING INC ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP HOMELAND IRRIGATION WORLD INDUSTRIAL EQUIPMENT INC GROVE WELDERS INC ARAMARK UNIFORM & CAREER APPAREL LLC SOUTHERN COMPUTER WAREHOUSE 4IMPRINT INC FERGUSON ENTERPRISES INC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC BARKER ELECTRIC, AIR CONDITIONING ESRI INC MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS FLAGLER CONSTRUCTION EQUIPMENT LLC BRIDGESTONE GOLF INC SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC MUNICIPAL WATER WORKS INC FLUID CONTROL SPECIALTIES INC PROTRANSMASTERS II INC AUTO PARTNERS LLC AMOUNT 78,612.42 9,681.85 2,645.65 8,589.55 683.08 707.70 27,826.93 121.76 220.00 703.98 127.00 1,547.00 927.26 1,121.50 142.00 3,280.34 260.00 736.00 1,340.00 1,390.00 2,643.93 331.88 101.00 602.88 1,238.71 723.80 611.55 5,010.06 18.91 114.00 446.00 96.00 395.00 583.62 458.52 184.75 109.43 1,158.73 3,297.16 14,351.67 2,206.36 448.31 375.08 FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 1,414.28 S & S AUTO PARTS 316.09 PIONEER MANUFACTURING 1,134.00 PACE ANALYTICAL SERVICES INC 280.20 EVERGLADES FARM EQUIPMENT CO INC 7,080.50 COLKITT SHEET METAL & A/C INC 89.95 COMMUNICATIONS INTERNATIONAL 723.53 COPYCO INC 127.96 MUMFORD LIBRARY BOOKS INC 448.84 MIKES GARAGE & WRECKER SERVICE INC 55.00 SOUTHERN COMPUTER WAREHOUSE 256.24 CENGAGE LEARNING CORPORATION 25.59 COMMUNITY ASPHALT CORP 103.36 FERGUSON ENTERPRISES INC 900.00 SOUTHERN JANITOR SUPPLY INC 546.55 1 TRANS. NBR 1004928 1004929 1004930 1004931 1004932 1004933 Grand Total: O c. DATE 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 9/30/2014 VENDOR SIMS CRANE & EQUIPMENT CO RADWELL INTERNATIONAL INC COUNTY MATERIALS CORPORATION AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC AMOUNT 556.40 92.61 2,534.96 5,441.09 1,689.83 2,379.59 202,367.94 2 14 TRANS NBR 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 Grand Total: 0 ELECTRONIC PAYMENTS - WIRE & ACH DATE 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/26/2014 9/29/2014 9/30/2014 9/30/2014 VENDOR NACO/SOUTHEAST ICMA RETIREMENT CORPORATION TEAMSTERS LOCAL UNION #769 FLORIDA LEAGUE OF CITIES, INC NACO/SOUTHEAST BENEFITS WORKSHOP ICMA RETIREMENT CORPORATION IRC FIRE FIGHTERS ASSOC FL SDU CDM SMITH INC VEROTOWN LLC INDIAN RIVER COUNTY SHERIFF IRS -PAYROLL TAXES US BANK SENIOR RESOURCE ASSOCIATION AMOUNT 20,765.72 9,573.88 5,331.00 5,634.83 445.42 3,520.11 2,147.90 6,180.00 8,411.10 22,958.40 17,356.10 47,199.00 348,899.34 197,356.25 54,705.82 750,484.87 1 15 L JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: FROM: DIANE BERNARDO, FINANCE DIRE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 3, 2014 HONORABLE BOARD OF COUNTY COMMISSIONERS SUBJECT: APPROVAL OF WARRANTS October 1, 2014 to October 3, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the time period of October 1, 2014 to October 3, 2014. CHECK NBR 317745 317746 317747 317748 317749 317750 317751 317752 317753 317754 317755 317756 317757 317758 317759 317760 317761 317762 317763 317764 317765 317766 317767 317768 317769 317770 317771 317772 317773 317774 317775 317776 317777 317778 317779 317780 317781 317782 317783 317784 317785 317786 317787 317788 317789 317790 317791 317792 317793 317794 317795 317796 317797 317798 317799 317800 317801 317802 CHECKS WRITTEN CK DATE VENDOR 10/1/2014 PAUL CARONE 10/1/2014 PAUL JULIN 10/1/2014 LINDSEY GARDENS APARTMENTS 10/1/2014 CREATIVE CHOICE HOMES XVI LTD 10/1/2014 PINNACLE GROVE LTD 10/1/2014 VERO CLUB PARTNERS LTD 10/1/2014 DAVID SPARKS 10/1/2014 INDIAN RIVER INVESTMENT REALTY INC 10/1/2014 THE PALMS AT VERO BEACH 10/1/2014 ED SCHLITT LC 10/1/2014 JOHN COLONTRELLE 10/1/2014 ARTHUR PRUETT 10/1/2014 JOSEPH LOZADA 10/1/2014 LUCY B HENDRICKS 10/1/2014 HFB OF FLORIDA LLC 10/1/2014 EARRING POINT PROPERTIES 10/1/2014 ANDRE DORAWA 10/1/2014 MARK KNOWLES 10/1/2014 PAULA WHIDDON 10/1/2014 JAMES W DAVIS 10/1/2014 NITA EZELL 10/1/2014 MISS INC OF THE TREASUE COAST 10/1/2014 DANIEL CORY MARTIN 10/1/2014 CRAIG LOPES 10/1/2014 PAULA ROGERS & ASSOCIATES INC 10/1/2014 FIVE STAR PROPERTY HOLDING LLC 10/1/2014 WILLIAM LEE 10/1/2014 ALCURT VERO BEACH LLC 10/1/2014 MARK BAER 10/1/2014 33 MILES EAST INVESTMENTS LLC 10/1/2014 FRESH START HOUSING LLC 10/1/2014 SABELCHASE 10/1/2014 ROBERTS J GORMAN 10/1/2014 JUAN CHAVES 10/1/2014 REID REALTY 10/1/2014 MELISSA CAMARATA 10/1/2014 GRACES LANDING LTD 10/1/2014 LINDSEY GARDENS APARTMENTS 10/1/2014 CREATIVE CHOICE HOMES XVI LTD 10/1/2014 TREASURE COAST HOMELESS SERVICES 10/1/2014 PINNACLE GROVE LTD 10/1/2014 VERO CLUB PARTNERS LTD 10/1/2014 THE PALMS AT VERO BEACH 10/1/2014 PELICAN ISLES LP 10/1/2014 GHOLAMREZA TORKAMAN 10/1/2014 INDIAN RIVER RDA LP 10/1/2014 AHS HOLDINGS GROUP LLC 10/1/2014 DANIEL CORY MARTIN 10/1/2014 ALCURT VERO BEACH LLC 10/1/2014 SARAH SPANN 10/1/2014 MADISON CAY LTD 10/1/2014 ORANGE COUNTY HOUSING & C D 10/1/2014 ALL FLORIDA REALTY SERVICES INC 10/1/2014 GERALD T CAPAK 10/1/2014 VERO BEACH EDGEWOOD PLACE (305-113) 10/1/2014 GRACES LANDING LTD 10/1/2014 MICHAEL JACKOWSKI 10/1/2014 TERRY A LAWRENCE AMOUNT 3,880.00 623.00 840.00 286.00 1,517.00 2,417.00 544.00 481.00 454.00 544.00 670.00 409.00 1,212.00 573.00 613.00 469.00 630.00 634.00 553.00 293.00 480.00 2,582.00 1,277.00 350.00 650.00 797.00 1,264.00 510.00 27,847.00 567.00 948.00 478.00 424.00 700.00 478.00 1,018.00 191.00 1,036.00 2,562.00 383.00 597.00 562.00 2,259.00 985.00 736.00 446.00 705.00 982.00 2,506.00 891.00 539.00 517.58 4,148.00 278.00 650.00 9,166.00 430.00 62.00 1 CHECK NBR 317803 317804 317805 317806 317807 317808 317809 317810 317811 317812 317813 317814 317815 317816 317817 317818 317819 317820 317821 317822 317823 317824 317825 317826 317827 317828 317829 317830 317831 317832 317833 317834 317835 317836 317837 317838 317839 317840 317841 317842 317843 317844 317845 317846 317847 317848 317849 317850 317851 317852 317853 317854 317855 317856 317857 317858 317859 317860 317861 317862 CK DATE VENDOR 10/1/2014 LINDSEY GARDENS APARTMENTS 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 AMOUNT 10,426.00 BRYAN D BLAIS 771.00 RIVER PARK ASSOCIATES 15,981.00 RICHARD C THERIEN 550.00 CREATIVE CHOICE HOMES XVI LTD 2,669.00 DAVID YORK 526.00 ST FRANCIS MANOR OF VERO BEACH 583.00 CITY OF VERO BEACH 277.00 TREASURE COAST HOMELESS SERVICES 2,201.00 FLORIDA POWER AND LIGHT 349.00 FULCHINI ENTERPRISES INC 284.00 VENETIAN APARTMENTS OF VERO BEACH 872.00 HERMOSA PROPERTIES LLC 301.00 PINNACLE GROVE LTD 6,621.00 VERO CLUB PARTNERS LTD 18,915.00 VERO CLUB PARTNERS LTD 756.00 INDIAN RIVER COUNTY HOUSING AUTHORITY 315.00 CRAIG MERRILL 1,515.00 CHRISTINE SALTER 508.00 HAGGERTY FAMILY LTD 303.00 THE PALMS AT VERO BEACH 11,498.00 THE PALMS AT VERO BEACH 1,386.00 FELLSMERE COMM ENRICHMENT PROGRAM INC 83.00 HENRY 0 SPEIGHT 522.00 DAVID CONDON 586.00 HILARY MCIVOR 626.00 PAULA LANE 409.00 JOHN A CAPPELLO 335.00 TCG SONRISE II LLC 415.00 PELICAN ISLES LP 5,098.00 PELICAN ISLES LP 835.00 SUNCOAST REALTY & RENTAL MGMT LLC 7,737.00 OAK RIVER PROPERTIES INC 533.00 MARILYN LEWIS 239.00 MICHAEL KANNER 611.00 RICHARD JOHN KELLER 535.00 ADINA GOLDMAN 553.00 INDIAN RIVER RDA LP 315.00 GEORGE THUYNS 589.00 LAZY J LLC 396.00 SYLVIA MCNEILL 647.00 SKOKIE HOLDINGS INC 744.00 ROGER WINSLOW 482.00 TAMMY MEEKS 176.00 COURTYARD VILLAS OF VERO LLC 435.00 VINCENT PILEGGI 376.00 OSLO VALLEY PROPERTIES INC 779.00 VICKY L STANLEY 797.00 CORY J HOWELL 339.00 CHOICE RENTALS INC 825.00 THE CHARLES F FOWLER 1996 CHARITABLE UNITRUS 793.00 OSCEOLA COUNTY SECTION 8 639.58 WYNN OWLE 569.00 WILLIAM NEUWIRTH 646.00 ANTHONY ARROYO 295.00 AHS HOLDINGS GROUP LLC 5,367.00 COUNTY OF VOLUSIA HVC PROGRAM 641.58 YVONNE KOUTSOFIOS 407.00 ALAN R TOKAR 710.00 VILLAS OF VERO BEACH 483.00 2 18 CHECK NBR 317863 317864 317865 317866 317867 317868 317869 317870 317871 317872 317873 317874 317875 317876 317877 317878 317879 317880 317881 317882 317883 317884 317885 317886 317887 317888 317889 317890 317891 317892 317893 317894 317895 317896 317897 317898 317899 317900 317901 317902 317903 317904 317905 317906 317907 317908 317909 317910 317911 317912 317913 317914 317915 317916 317917 317918 317919 317920 317921 317922 CK DATE VENDOR 10/1/2014 BRIAN E GALLAGHER 10/1/2014 MANUEL V CAMACHO SR LLC 10/1/2014 HOUSING AUTHORITY 10/1/2014 ALCURT VERO BEACH LLC 10/1/2014 ALCURT VERO BEACH LLC 10/1/2014 STEPHANIE WATCHEK FOUNTAIN ESTATE 10/1/2014 FRANKLIN TODD MARCHANT 10/1/2014 MICHAEL STILES 10/1/2014 BLTREJV3 PALM BEACH LLC 10/1/2014 CARROLL CAUDILL JR 10/1/2014 LINDA KAY SHORT 10/1/2014 RACHEL G SIDMAN 10/1/2014 SCOT WILKE 10/1/2014 MARK BAER 10/1/2014 WANELL DONNELLI 10/1/2014 LAKE COUNTY HOUSING 10/1/2014 ARTHUR ARGENIO 10/1/2014 J & K PALMER ENTERPRISES LLC 10/1/2014 GREENE INVESTMENT PARTNERSHIP LTD 10/1/2014 INDIAN RIVER COUNTY HEALTH DEPT 10/1/2014 MEDICAL EXAMINERS OFFICE 10/1/2014 VICTIM ASSISTANCE PROGRAM 10/1/2014 CITY OF VERO BEACH 10/1/2014 CITY OF VERO BEACH 10/3/2014 PORT CONSOLIDATED INC 10/3/2014 JORDAN MOWER INC 10/3/2014 VERO CHEMICAL DISTRIBUTORS INC 10/3/2014 VELDE FORD INC 10/3/2014 B G KENN INC 10/3/2014 KELLY TRACTOR CO 10/3/2014 MY RECEPTIONIST INC 10/3/2014 AMERIGAS EAGLE PROPANE LP 10/3/2014 EGP INC 10/3/2014 SIGNAL GROUP INC 10/3/2014 FLORIDA VETERINARY LEAGUE 10/3/2014 FIRESTONE COMPLETE AUTO CARE 10/3/2014 GENERAL PART INC 10/3/2014 GOODYEAR AUTO SERVICE CENTER 10/3/2014 ASPHALT RECYCLING INC 10/3/2014 BAKER & TAYLOR INC 10/3/2014 PRECISION CONTRACTING SERVICES INC 10/3/2014 CLERK OF CIRCUIT COURT 10/3/2014 ROGER J NICOSIA 10/3/2014 CITY OF VERO BEACH 10/3/2014 PETTY CASH 10/3/2014 PETTY CASH 10/3/2014 NAN MCKAY AND ASSOCIATES INC 10/3/2014 TREASURE COAST HOMELESS SERVICES 10/3/2014 AAA COOPER TRANSPORTATION INC 10/3/2014 TRAFFIC PARTS INC 10/3/2014 FLORIDA POWER AND LIGHT 10/3/2014 JAMES GRAY JR 10/3/2014 SUNSHINE STATE ONE CALL OF FL INC 10/3/2014 TRAFFIC & PARKING CONTROL COMPANY 10/3/2014 PETTY CASH 10/3/2014 PETTY CASH 10/3/2014 G K ENVIRONMENTAL INC 10/3/2014 COMCAST 10/3/2014 IDEA GARDEN ADVERTISING 10/3/2014 POSITIVE PROMOTIONS AMOUNT 470.00 558.00 660.58 6,824.00 3,443.00 241.00 645.00 532.00 1,763.00 479.00 443.00 472.00 393.00 1,058.00 353.00 384.58 480.00 370.00 3,234.38 44,543.49 24,888.62 5,568.62 2,052.23 11,662.50 75,020.53 122.88 552.70 994.95 249.00 537.20 340.62 2,582.90 231.64 32,497.80 208.00 2,085.68 1,343.66 288.92 74,888.72 1,571.51 2,471.98 3,258.75 1,500.00 3,433.58 38.05 193.00 224.00 3,817.50 175.56 5,619.50 5,144.76 124.85 1,070.57 1,482.50 19.99 35.82 9,487.02 113.15 150.00 771.80 3 19 CHECK NBR 317923 317924 317925 317926 317927 317928 317929 317930 317931 317932 317933 317934 317935 317936 317937 317938 317939 317940 317941 317942 317943 317944 317945 317946 317947 317948 317949 317950 317951 317952 317953 317954 317955 317956 317957 317958 317959 317960 317961 317962 317963 317964 317965 317966 317967 317968 317969 317970 317971 317972 317973 317974 317975 317976 317977 317978 317979 317980 317981 317982 CK DATE VENDOR AMOUNT 10/3/2014 CELICO PARTNERSHIP 120.03 10/3/2014 FLORIDA DEPT OF JUVENILE JUSTICE 20,200.96 10/3/2014 JOHNS EASTERN COMPANY INC 21,157.25 10/3/2014 1 ST FIRE & SECURITY INC 195.00 10/3/2014 JACE CHANDLER & ASSOCIATES INC 530.00 10/3/2014 BENNETT AUTO SUPPLY INC 315.66 10/3/2014 K'S COMMERCIAL CLEANING 800.00 10/3/2014 EQ THE ENVIRONMENTAL QUALITY COMPANY 15,250.84 10/3/2014 AMERICAN SIGNAL COMPANY 11,000.00 10/3/2014 NORTH HARRIS COMPUTER CORPORATION 60,775.32 10/3/2014 WATERTRONICS TECHNICAL SERVICES 2,384.00 10/3/2014 1NEOS NEW PLANET BIOENERGY LLC 11.44 10/3/2014 DELRAY MOTORS 978.31 10/3/2014 SARA L MATHEWS 50.00 10/3/2014 YP LLC 167.00 10/3/2014 CLEAR VILLAGE INC 432.96 10/3/2014 JOSHUA GHIZ 6,930.61 10/3/2014 LOWES HOME CENTERS INC 1,040.00 10/3/2014 LABOR READY SOUTHEAST INC 9,475.20 10/3/2014 CANON SOLUTIONS AMERICA INC 890.64 10/3/2014 BREVARD COUNTY BOCC 360.23 10/3/2014 ENTRIX INC 1,150.00 10/3/2014 AXIS DATA SOLUTIONS INC 4,197.09 10/3/2014 BERNARD EGAN & COMPANY 4,029.14 10/3/2014 NAPIER & ROLLIN PLLC 840.00 10/3/2014 GLORIA MAIOCCHI 15.00 10/3/2014 UTIL REFUNDS 89.50 10/3/2014 UTIL REFUNDS 86.61 10/3/2014 UTIL REFUNDS 54.43 10/3/2014 UTIL REFUNDS 65.80 10/3/2014 UTIL REFUNDS 36.34 10/3/2014 UTIL REFUNDS 63.74 10/3/2014 UTIL REFUNDS 37.94 10/3/2014 UTIL REFUNDS 40.54 10/3/2014 UTIL REFUNDS 28.18 10/3/2014 UTIL REFUNDS 34.84 10/3/2014 UTIL REFUNDS 82.28 10/3/2014 UTIL REFUNDS 42.46 10/3/2014 UTIL REFUNDS 127.83 10/3/2014 UTIL REFUNDS 35.89 10/3/2014 UTIL REFUNDS 33.61 10/3/2014 UTIL REFUNDS 251.41 10/3/2014 UTIL REFUNDS 47.65 10/3/2014 UTIL REFUNDS 28.74 10/3/2014 UTIL REFUNDS 43.21 10/3/2014 UTIL REFUNDS 213.92 10/3/2014 UTIL REFUNDS 80.91 10/3/2014 UTIL REFUNDS 17.73 10/3/2014 UTIL REFUNDS 45.30 10/3/2014 UTIL REFUNDS 43.15 10/3/2014 UTIL REFUNDS 40.13 10/3/2014 UTIL REFUNDS 20.58 10/3/2014 UTIL REFUNDS 43.00 10/3/2014 UTIL REFUNDS 41.21 10/3/2014 UTIL REFUNDS 65.69 10/3/2014 UTIL REFUNDS 70.75 10/3/2014 UTIL REFUNDS 18.14 10/3/2014 UTIL REFUNDS 221.68 10/3/2014 UTIL REFUNDS 47.27 10/3/2014 UTIL REFUNDS 27.21 4 20 CHECK NBR 317983 317984 317985 317986 317987 317988 317989 Grand Total: 0 0 CK DATE 10/3/2014 10/3/2014 10/3/2014 10/3/2014 10/3/2014 10/3/2014 10/3/2014 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 55.04 32.72 72.16 80.69 79.44 34.24 25.54 712,891.01 5 21 4, • ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR 1004934 10/3/2014 EVERGLADES FARM EQUIPMENT CO INC AMOUNT 1004935 10/3/2014 COPYCOINC 641.94 1004936 10/3/2014 SAFETY PRODUCTS INC 48.81 3,28 1004937 10/3/2014 COLD AIR DISTRIBUTORS WAREHOUSE 1004938 10/3/2014 INDIAN RIVER BATTERY 286.13 1004939 10/3/2014 MIKES GARAGE & WRECKER SERVICE INC 336.00. 1004940 10/3/2014 APPLE INDUSTRIAL SUPPLY CO 1004941 10/3/2014 SMITH BROTHERS CONTRACTING EQUIP359.10 105.00 1004942 10/3/2014 ALLIED UNIVERSAL CORP Q 6,721.20 1004943 10/3/2014 THE EXPEDITER 7,882.20 1004944 10/3/2014 GROVE WELDERS INC 28.57 1004945 10/3/2014 RECORDED BOOKS LLC .406 1004946 10/3/2014 SHRIEVE CHEMICAL CO 243.40 2,919.14 1004947 10/3/2014 FLORIDA LEVEL & TRANSIT CO INC 1004948 10/3/2014 CAPITAL OFFICE PRODUCTS 6,965.95 1004949 10/3/2014 S & S AUTO PARTS 460.82 1004950 10/3/2014 PACE ANALYTICAL SERVICES INC 54.79 Grand Total: 102.00 30,295.65 1 22 TRANS NBR 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3223 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/1/2014 10/2/2014 10/3/2014 10/3/2014 10/3/2014 10/3/2014 10/3/2014 10/3/2014 VENDOR INDIAN RIVER COUNTY PROPERTY APPRAISER AGENCY FOR HEALTH CARE ADMIN CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 265,560.51 AMOUNT 238,889.25 13,173.89 78,885.37 3,234,510.36 FL RETIREMENT SYSTEM R J SULLIVAN CORP R J SULLIVAN CORP KIMLEY HORN & ASSOC INC JMC SERVICES INC VEROTOWN LLC VETERANS COUNCIL OF I R C 415,198.54 8,227.95 127,193.65 160.00 45,605.88 25,781.91 7,361.55 4,460,548.86 1 23 Leslie R. Swan Supervisor of ElectionS Indian River County October 7, 2014 The Honorable Peter O'Bryan, Chairman Board of County Commissioners Indian River County 1800 27th Street, Building A Vero Beach, FL 32960 Dear Commissioner O'Bryan: The City of Fellsmere recently approved a voluntary annexation of 8,845.19 acres into 0ifraA' the City of Fellsmere consisting of eight parcels of land which are located contiguous with each other and are located easterly and westerly of Interstate Highway 95 (1-95) and are contiguous to the existing city limits on the east side and west side of Interstate Highway 95. l I am requesting approval from the Board of County Commissioners to redraw the current Precinct #2 boundary lines to include the newly annexed land. Florida Statute 101.001 (1) The board of county commissioners in each county, upon the recommendation and approval of the supervisor, shall alter or create precincts for voting in the county. Each precinct shall be numbered and, as nearly as practicable, composed in contiguous and compact areas. The supervisor shall designate a polling place at a suitable location within each precinct. The precinct shall not be changed thereafter except with the consent of the supervisor and a majority of the members of the board of county commissioners." I respectfully request the Board of County Commissioner's approval to move the boundaries for voting in Precinct #2 to coincide with the new City of Fellsmere boundary lines. The new precinct boundaries will become effective following the November 4, 2014 General Election. gc. ero Beach, FL 32967 I Office: (772) 226-3440 I Fax: (772) 770-5367 j wwv00,0f6t October 7, 2014 Page Two (2) In addition, in my proposed budget letter dated May 1, 2014, I informed the Board that the Supervisor of Elections would be replacing many of our EViD units (electronic poll books) due to the fact that our vendor is retiring these units. I negotiated special pricing of $2,095 per unit, which included a trade-in of our existing units. The first set of 53 new EViD's were purchased last fiscal year and 51 new EViD's will be purchased in this current fiscal year. At the request of Raeanne Cone, Staff Accountant with the IRC Finance Department, I am respectfully requesting formal approval to trade-in all 104 units to our vendor for the new machines. The cost to purchase the new equipment has already been budgeted. Sincerely, Leslie R. Swan Supervisor of Elections Enclosures ( 25 ST NEWSPAPERS k Friday, September 26, 2014 a 9A NOTICE OF PUBLIC HEARING FOR ANNEXATION The City Council of the City of Fellsmere, Indian River County, Florida, will hold a Public Hearing on Thursday, October 2, 2014, beginning at 7:00 p.m. in the City Council Chambers, 21 S. Cypress Street, Fellsmere, FL to consider the adoption of an Ordinance entitled: ORDINANCE No. 2014-16 AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR VOLUNTARY ANNEXATION OF 8,845.19 ACRES MORE OR LESS INTO THE CITY OF FELLSMERE, CONSISTING OF EIGHT PARCELS OF LAND WHICH ARE OWNED BY J. PAT CORRIGAN FAMILY LIMITED PARTNERSHIP, LLLP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP AND HUGH CORRIGAN 111 FAMILY LIMITED PARTNERSHIP, LLLP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP AS TO PARCELS 1, 3, 4, 5 AND 6, HUGH DANIELS CORRIGAN, JAMES PATRICK CORRIGAN, ELEANOR CHRISTIE CORRIGAN, HUGH CORRIGAN IV AND PATRICK EDWARD CORRIGAN AS TO PARCEL 2, J. PAT CORRIGAN AND PATRICIA P. CORRIGAN AS TO PARCEL 7 AND HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP AS TO PARCEL 8, WHICH PARCELS OF LAND ARE LOCATED CONTIGUOUS WITH EACH OTHER AND ARE LOCATED EASTERLY AND WESTERLY OF INTERSTATE HIGHWAY 95 (1-95) AND CONTIGUOUS TO THE EXISTING CITY LIMITS ON THE EAST SIDE AND WEST SIDE OF INTERSTATE HIGHWAY 95; PROVIDING FOR RATIFICATION; PROVIDING THE LEGAL DESCRIPTION OF THE PROPERTY ANNEXED; PROVIDING FOR REDEFINING THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR FILING THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, DEPARTMENT OF STATE AND THE CHIEF ADMINISTRATIVE OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Tj Copies of the proposed Ordinance and legal description by metes and bounds are available for review in the Office of the City Clerk 22 S. Orange Street, Fellsmere, FL between the hours of 8:30 a.m. and 12 noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. The meeting is open to the public and the public is invited to attend and be heard with respect to the proposed Ordinance. Public Hearings may be continued from time to time. Any person who may wish to appeal any decision which may be made at this hearing will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Any person who may need special accommodations for this meeting must contact the City Clerk's Office at (772) 646- 6301 at least 48 hours in advance of the meeting. CITY OF FELLSMERE by: Deborah C. Krages City Clerk 26 Fellsmere moving forward to annex 8,800 acres - VeroNews: Fellsmere Government Page 1 of 2 Fellsmere moving forward to annex 8,800 acres Posted: Thursday, September 18, 2014 10:23 pm FELLSMERE — The Fellsmere City Council heard no opposition Thursday night to a request from private property owners seeking to have their more than 8,800 acres of land annexed into the city. Though several people were in the audience, including a couple from Sebastian who were merely curious about the proposal, no one addressed the Corrigan family's request. The family has 8,845 acres of land on the southeast side of Fellsmere, abutting the Sand Lakes Restoration Area, managed by the St. Johns River Water Management District, and straddling Interstate 95 south to 26th Street. The eastern edge of the property is essentially 90th Avenue. 'sin,. "This is an exciting opportunity we've been working on for the last couple weeks," City Manager Jason Nunemaker said. Annexing the land would give Fellsmere more opportunities for long- range transportation development as well as more economic development potential. At most, the property could have 12 million square feet of non-residential development consisting of "regional employment activity centers" and industrial uses. Residential development is capped at 1.6 dwellings per acre. r,?•r. SI Z6tn S: SR & Fellsmere moving forward to annex 8,800 acres The Corrigan family is seeking to have a little more than 8,800 acres annexed into the City of Fellsmere. A representative for the Corrigans told the Council that the family is "very enthusiastic" about the annexation of the "big, enormous piece of land." Mayor Susan Adams asked the representative if what she had heard of the family's current plans were correct – that the lands would be kept for cattle into the foreseeable future. "The ranch is not for sale," he said, adding that development would only occur on a small portion of the property. Under the terms of the annexation agreement, the Corrigans would be required to provide rights of way for extensions of 90th Avenue and 53rd Street – in the event that 53rd Street is extended to 90th Avenue. http://www.veronews.com/news/fellsmere/government/fellsmere-moving-forward-to-anne... 9/19/2014 Fellsmere moving forward to annex 8,800 acres - VeroNews: Fellsmere Government Page 2 of 2 Ten percent of the property would be donated as public space, which would serve one of any number of public uses, from open space, parks and public parking, to land for future schools, fire stations and other such facilities. Worked into the donation would also be 100 contiguous usable acres that would be developed as outdoor recreational space, according to the agreement. Vice Mayor Joel Tyson voiced support for the annexation, recalling a meeting he had with Dan Corrigan so many years ago when Tyson was not on the Council. He said Corrigan approached him about being annexed in, but the property wasn't contiguous to the City. Since then, the City has annexed properties separating the boundaries from the Corrigan land, and it now meets. Tyson said annexing the property would give Fellsmere more transportation routes into and out of the City so it isn't so dependent on County Road 512. No other Council members spoke in favor of or in opposition to the proposal. The second and final reading of the annexation ordinance is scheduled for the next Fellsmere City Council meeting, Oct. 2, at 7 p.m. http://www.veronews.com/news/fellsmere/government/fellsmere-moving-forward-to-anne... 9/19/2014 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engineef . SUBJECT: Award of Bid No: 2014045 69th Street Bridge over the Indian River Farms Water Control District (IRFWCD) Lateral G Canal IRC Project No. 1363 DATE: September 30, 2014 DESCRIPTION AND CONDITIONS The Florida Department of Transportation (FDOT) routinely inspects all of the bridges in the County. The FDOT sent a "Significant Deficiency Letter" dated October 18, 2013 which outlined the deficiencies of the 69th Street Bridge over the IRFWCD Lateral G Canal that were observed during their inspection of October 9, 2013. The FDOT letter recommended corrective action to repair the bridge, which was constructed in 1961. Staff coordinated with IRFWCD to explore a less expensive option than the construction of a replacement bridge. IRFWCD determined that a reinforced concrete culvert was adequate under 69th Street to handle the water from the watershed area. The proposed improvements will include removal of the existing 2 -lane bridge on 69th Street over the IRFWCD Lateral G Canal and replacement of the existing bridge with a 96" reinforced concrete pipe (RCP) culvert. Also included with the project is installation of a 60" RCP culvert in the IRFWCD Sub -lateral G-4 canal. The bid opening was held on September 24, 2014. Nine (9) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Melvin Bush Construction, Inc. Johnson Davis, Inc. Timothy Rose Contracting, Inc. Guettler Brothers Construction, LLC Mancil's Tractor Service, Inc. Ranger Construction Industries, Inc. *Blue Goose Construction Douglas Higgins, Inc. Close Construction, LLC Port St. Lucie, Florida Lantana, Florida Vero Beach, Florida Fort Pierce, Florida Stuart, Florida Fort Pierce, Florida Fort Pierce, Florida Ann Arbor, Michigan Okeechobee, Florida * Denotes mathematical error was found and bid amount corrected. $224,228.88 $233,566.00 $255,248.42 $279,379.00 $317,258.00 $324,228.60 $390,059.25 $413,974.00 $434,324.00 29 F:\Public Works\ENGINEERING DIVISION PROJECTS11363-69th St Bridge @ lat G Canal -Culvert InstallWdmin\agenda items\BCC Agenda Award of Bid 10- 14-2014.doc Page 2 Award of Bid - 69th Street Bridge over IRFWCD Lateral G Canal For October 14, 2014 BCC Meeting Melvin Bush Construction, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $224,228.88. Melvin Bush Construction, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. The Melvin Bush Construction, Inc. bid of $224,228.88 was below the Engineer's estimate of $265,353.00. FUNDING Funding for this project is available from Optional Sales Tax funds. This project is budgeted in the Optional Sales Tax/69th Street Bridge at Lateral G - Account No. 31521441-066510-14011. RECOMMENDATION Staff recommends that the project be awarded to Melvin Bush Construction, Inc., in the amount of $224,228.88 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Melvin Bush Construction, Inc. APPROVED AGENDA ITEM FOR October 14, 2014 ciktkfia I Indian River County Approved Date Administration ( id /7`f Budget l0/7 14 Legal �) IG.- r / / Public Works Y C'1'v" i c' ! 77 Engineering„, 4,, -2.// Purchasing �- 1b 6 • 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1363-69th St Bridge a Lat G Canal -Culvert Install\Admin\agenda items\BCC Agenda Award of Bid 10- 14-2014.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 - ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 3 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10.- MISCELLANEOUS 7 jTHEREMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY' 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS \136369th St Bridge @ Lat G Canal -Culvert Install Admin\agenda items \00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 31 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project consists of removal of the existing 2 -lane bridge on 69th Street over the Indian River Farms Water Control District (I.R.F.W.C.D.) Lateral G Canal and replacement of the existing bridge with a 90" Reinforced Concrete Pipe (RCP) culvert. Also included in the project is installation of a 72" Reinforced Concrete Pipe (RCP) culvert in the I.R.F.W.C.D. Sub -lateral G-4 Canal and related other improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 69th Street Bridge over I.R.F.W.C.D. Lateral G County Project Number: 1363 Bid Number: 2014045 Project Address: 69th Street, Indian River County, Florida ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS11363-69th St Bridge © Lat G Canal -Culvert InstallWdmin\agenda items\00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 32 A. The Work will be substantially completed on or before the 120th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th day after the date when the Contract Times commence to run. ************************************************************************************************************ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $884.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $884.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 3 F:\Public Works ENGINEERING DIVISION PROJECTSN363-69th St Bridge @ Lat G Canal -Culvert InstallWdmin\agenda items\00520 -Agreement (Public Works) REV 04-07 SAMPLE.doc 33 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 4 F:1Public Works\ENGINEERING DIVISION PROJECTS11363-69th St Bridge @ Lat G Canal -Culvert InstallWdmin\agenda items\00520 - Agreement (Public Works) REV 04-07 SAMPLE doc 34 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS \1363 -09th St Bridge @ Lat G Canal -Culvert Install\Adminlagenda items100520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 35 Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 9, inclusive);'. 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-44, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 2 through 10, inclusive, with each sheet bearing the following general title: 69th Street Bridge over I.R.F.W.C.D. Lateral G Canal; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6 inclusive) 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 6 F.\Public Works\ENGINEERING DIVISION PROJECTS\1363-69th St Bridge @ Lat G Canal -Culvert Install\Admin\agenda items\00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 36 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 15.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 16.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17.Contractor's Final Certificate of the Work (page 00632 — 1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 7 F.\Public Works\ ENGINEERING DIVISION PROJECTS\136369th St Bridge Lat G Canal -Culvert Install\Admin\agenda items100520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 37 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records 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 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 Contractor 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. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. (The remainder of page intentionally left blank) 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1363-69th St Bridge © Lat G Canal -Culvert Install\Admin\agenda items\00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 38 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4I„, By: Dylan Reingold. County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: • Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr., P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) REV 04-07 SAMPLE 00520 - 9 F \Public Works\ENGINEERING DIVISION PROJECTS\1363-69th St Bridge Lat G Canal -Culvert InstalRAdmin\agenda items\00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 39 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ('OSENT' TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director'` Christopher J. Kafer, Jr., P.E., County Enginee F.D.O.T. Transportation Regional Incentive Program (TRIP) Agreement Amendment No. 3 and Resolution Authorizing the Chairman's Signature IRC Project No. 0545B - 66" Avenue from SR -60 to 41St Street FM#: 425883-1-58-01 DATE: October 2, 2014 DESCRIPTION AND CONDITIONS The Board of County Commissioners entered into a Transportation Regional Incentive Program (TRIP) Grant Agreement for construction (widening and reconstruction) along 66th Avenue from SR - 60 to 41St Street with the Florida Department of Transportation (FDOT) on June 1, 2012 for a 50% shared estimated cost of $11,419,204.00. Two Amendments have been executed by the Board of County Commissioners and the FDOT increasing the total grant by $1,121,554.00, for a total amount of $12,540,758.00, and revising the deliverables schedule. Due to delays with utility relocations, unforeseen conditions and inclement weather, staff requested FDOT for a time extension to the Agreement expiration date. Amendment No. 3 is to extend the expiration date of the Agreement until June 30, 2015. FUNDING Funding is budgeted and available from Optional Sales Tax/Road & Bridge/SR 60 to 49' Street - Account # 31521441-066510-06040 and Traffic Impact Fees/District II/SR60 to 49th Street -Account # 10215241-066510-06040. This agenda item does not affect funding amounts. RECOMMENDATION Staff recommends approval of the Transportation Regional Incentive Program (TRIP) Agreement Amendment No. 3 for FM No. 425883-1-58-01, recommends adopting the Resolution and authorizing the Chairman to sign Amendment No. 3. F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS \0545 -66TH AVE SR60 TO 57TH ST (ARCADIS)WDMIN\AGENDA ITEMS\BCC FDOT CO TRIP AGREEMENT AMEND NO. 3 10-14-2014.DOC 40 Page Two BCC Agenda Item from Christopher J. Kafer, Jr., P.E., County Engineer For October 14, BCC Agenda ATTACHMENTS 1. Authorizing Resolution 2. Transportation Regional Incentive Program (TRIP) Agreement Amendment No. 3 for FM No. 425883-1-58-01 APPROVED AGENDA ITEM FOR October 14, 2024 Indian River County Appro d Date Administration /di g %� Budget / b/ D I4 Legal VV/ lir -7 - i Public Works 01/V1-"" ia/ / i y Engineering G-1% ' 0 2 —/Yif F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\0545-66TH AVE SR60 TO 57TH ST (ARCADIS)\ADMIN\AGENDA ITEMS\BCC FDOT CO TRW AGREEMENT AMEND NO. 3 10-14-2014.DOC 41 RESOLUTION NO. 2014 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT NO. 3 TO THE TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT FM NO. 425883-1-58-01 FOR CONSTRUCTION (WIDENING AND RECONSTRUCTION) ALONG 66.144 AVENUE FROM SR -60 TO 41ST STREET WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a Transportation Regional Incentive Program Agreement to provide funding to the County in the amount of $5,709,602.00 on June 1, 2012 and then entered into Amendment No. 1 for an increase to the Transportation Regional Incentive grant in the amount of $560,777.00, and then entered into Amendment No. 2 for a revised deliverables schedule. WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this AMENDMENT NO. 3 for a time extension until June 30, 2015. WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 50 percent of the cost of the project costs as its portion of the required local match. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Amendment No. 3 to Transportation Regional Incentive Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Brian Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc • RESOLUTION NO. 2014 - The Chairman thereupon declared the resolution passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk d as to Form Legal.Sufficiency ingoIVc;, County Attorney 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admin\agenda items\Resolution TRIP Agreement AMENDMENT NO. 3 10-14-2014. doc DUNS No.: 80-939-7102 kiesy CSFA No.: 55.026 L Contract No.: AQN-66 FM No: 425883-1-58-01 Vendor No: VF 596-000-679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT AMENDMENT NUMBER THREE THIS Amendment, made and entered into this day of , 20 , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27TH Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. • WITNESSETH WHEREAS, on June 1, 2012., the parties entered into a Transportation Regional Incentive Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection Financial Management (FM) No. 425883-1-58-01 for the Construction (widening and reconstruction) along 66th Avenue from SR -60 to 41st Street in Indian River County, Florida, hereinafter referred to as the Project; and WHEREAS, the parties amended the Agreement on December 4, 2012 (Amendment Number One) and May 21, 2014 (Amendment Number Two); and WHEREAS, the parties desire to further amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Transportation Regional Incentive Program Agreement dated June 1, 2012, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 3A of the Agreement is amended as follows: Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2015, whichever occurs first, or unless terminated earlier in accordance with the terms of Paragraph 9. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on June 1, 2012, and amended on December 4, 2012 and May 21, 2014, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. Page 1 44 1 1 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chairman/Councilman of Indian River County or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Amendment to be executed in its behalf through its District Secretary or authorized designee: INDIAN RIVER COUNTY, FLORIDA ATTEST: BY: BY: CLERK (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B C4iTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: NAME: Peter D. 0' Bryan TITLE: CHAIRMAN BY: BY: EXECUTIVE SECRETARY (SEAL) Print Name DIRECTOR OF TRANSPORTATION DEVELOPMENT DISTRICT 4 (Date) Print Name (Date) Availability of Funds Approval: LEGAL REVIEW BY: (Date) OFFICE OF THE GENERAL COUNSEL Page 2 45 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 6, 2014 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{:v- 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 revisions on November 9, 2012, January 9, 2013, and February 11, 2014. Paragraph 1.3.C.4 requires the Purchasing Manager to review the manual annually to determine if revisions are needed, and a few updates have been identified. The following pages show in redline the proposed changes to the Manual's text, and the revised Manual is also attached in its entirety. 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. ATTACHMENT: Proposed Changes to Purchasing Manual Proposed Revised Purchasing Manua! APPROVED AGENDA ITEM: By: �l ;-O,2 . C_ ;(141 Joseph A. Baird, County Admihistrator EOR: /414.',/,/ Indian River Co App .ved Date Admin fie: iD/Bf+ ' -74Legal (/: 1 1 - Budget IC Jl1' Department ! � t IC 61j i • Risk Manager 46 • 1 • i 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 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 47 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. 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 Toss 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. 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 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). 4 48 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. 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 Finance Office of the Clerk of the Circuit Court. The Finance Office 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: 6 49 S V 1 BOARD OF COUNTY COMMISSIONERS V 44 INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures 10 Manual Updated October 14, 2014 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. 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 Finance Office of the Clerk of the Circuit Court. The Finance Office 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: 6 49 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 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 a 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 Commissioners. 7 50 it A 410RID�+. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated October 14, 2014 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 attach the appropriate documentation ierg, 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. 8 c 1 wt 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, 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 9 52 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. AH 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. 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-. 444.6CHANGE 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 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 17 53 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. 0 0 18 54 c 4.2 BIDDING PROCEDURES 12 4.3 AWARD 13 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS14 4.5 WORK ORDERS/AUTHORIZATIONS 17 4.6 CHANGE ORDERS 17 5. COMPETITIVE SELECTION — RFP/RFQ 19 5.1 REQUEST FOR PROPOSAL (RFP) 19 5.2 REQUEST FOR QUALIFICATIONS (RFQ) 20 6. SUMMARY OF PROCUREMENT 23 7. PROTEST PROCEDURE 24 7.1 RESOLUTION OF PROTESTS 24 8. EXCESS/SURPLUS ASSET DISPOSITION 25 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 Current Revision Approved October 14, 2014 Approved iii 55 %VEIL i - \Z. �� t Z * r,� I' *,� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated October 14, 2014 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 1 56 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. Insurance Requirements. When deemed necessary by the County Administrator or the Board, contracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve the 2 57 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 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 58 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. 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 Toss 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. 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 PROPOSAL (REP) — 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). 4 59 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. 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 0 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 adopt operational procedures covering the internal functions of the Purchasing Division and delegate rights, powers, and authority vested in him to other Purchasing Division staff. 5 60 v3VI -t-!- ZLT' AL:. .� iT %- ,`'3 * , R * LOR0," BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated October 14, 2014 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. 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 Finance Office of the Clerk of the Circuit Court. The Finance Office 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: 6 61 0 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 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 a 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 Commissioners. 7 62 1VEk �� .: _� Z, At. i1 . Z � t' * ., *;/ ORO''� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated October 14, 2014 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 attach the appropriate documentation to the requisition, 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. 8 63 t • 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, 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. 9 64 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 required to enter a written explanation of the emergency in the MUNIS requisition for the permanent purchasing files. 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 County Administrator (up to $50,000) or the Board (up to or in excess of $50,000), are exempt 10 65 from the $25,000 limit and the $1,000 single item purchase limit. Blanket purchase orders shall be tfr effective for up to one year, and only for the fiscal year for which it has been issued. t 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). 11 66 New 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 received after this time shall not be considered. 12 67 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures WE*.. .. 4Q' :.: - t.!-• o, - ' 4 - z� z '. ' Z. �� LOR184'; Manual Updated October 14, 2014 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 received after this time shall not be considered. 12 67 • 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 have an original authorized signature in ink. 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. 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. 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 13 68 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, 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 at least two tied bidders each have a Drug Free Workplace Program, preference shall be given to the bidder having an office or facility in Indian River County. If consideration of such factors does not resolve the tie, the Board shall determine the most responsible bidder based upon any other relevant factors. 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 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 Projects. 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 14 69 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 Projects. 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. 2. For Consultant -Managed Projects. 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. 15 70 c 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 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. 16 71 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. 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 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 17 72 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. 18 73 WE* BOARD OF COUNTY COMMISSIONERS ,`. INDIAN RIVER COUNTY, FLORIDA �` iii. ' � Purchasing Policies and Procedures * ' *, \� LQRit Manual Updated October 14, 2014 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 19 74 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 Tess 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 20 75 (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: (a) the RFP or RFQ solicitation documents shall list the evaluation criteria and assign a maximum number of 21 76 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 the number of points assigned to an interviewed firm for one or more criteria, and change his or her ranking of the firm accordingly. The evaluation process shall continue until the evaluation committee declares the rankings final. WE* � ,i7., -ii;,-,' z Q` �'' ' - �, i` 0 lit/ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated October 14, 2014 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. 23 78 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. 24 79 IVE* BOARD OF COUNTY COMMISSIONERS 17 "►._. \ INDIAN RIVER COUNTY, FLORIDA Q'. ; �`'�I PurchasingPolicies and Procedures * *i 0 1''' Manual Updated October 14, 2014 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. 24 79 \Z * WE* ' %f' Z r ' . )�� r *i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated October 14, 2014 8. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets. 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. 25 80 0 CONSENT ITEM INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Deve ment Director THROUGH: Roland M. DeBlois, AICP ' 1 Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 10/7/2014 RE: VB Three Oaks, LLLP Request for Partial Release and Replacement of Conservation Easements at 1955 74th Avenue (The Villas at Three Oaks Subdivision) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on October 14, 2014. DESCRIPTION AND CONDITIONS The County has been petitioned by VB Three Oaks, LLLP, owners of lots and common area in The Villas at Three Oaks Subdivsion at 1955 74th Avenue, for release of portions of "Tract E" and "Tract F" conservation areas within the subdivision. The purpose of the easement release request is to allow for a 10 -foot separation distance between building envelopes on platted lots in the subdivision and protected vegetation within the conservation tracts. Concurrent with the requested partial release of easements, new comparable replacement conservation easements within the subdivision are to be dedicated to Indian River County (see attached survey sketches and descriptions). ANALYSIS County environmental planning staff has evaluated the condition and location of the existing upland conservation Tracts E and F and the condition and location of the proposed replacement conservation easements. Staffs finding is that native upland vegetation within the replacement easements is comparable to vegetation in the portions of Tract E and F proposed for release. Release of the requested portions of conservation Tracts E and F will allow a reasonable separation distance between platted building envelopes on platted lots and protected veget ation within conservation easements in the subdivision. This request has been reviewed by County planning staff, County attorney staff, County engineering staff and the County surveyor. None of the reviewing staff expressed an objection to the requested easement release and replacement. Therefore, it is staffs position that the requested easement release (and replacement) will satisfy County requirements and have no adverse impacts to the subject subdivision or to adjacent properties. 81 VB THREE OAKS, LLLP Partial Release and Replacement of Easements Page 2 RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the attached resolution, approving release of portions of conservation area Tracts E and F in The Villas at Three Oaks subdivision as described in the attached resolution; and 2. Accept the proposed replacement conservation easements and authorize staff to have the replacement easements and resolution recorded in the public records. ATTACHMENTS 1. Copy of easement release application. 2. Proposed County resolution partially releasing easements (with survey sketch exhibit). 3. Proposed replacement easement with survey sketch (to be recorded concurrently with the easement release resolution). APPROVED: FOR: October 14 2014 ! r.R. County A • s s ved Date Admin. /� �/ Legal I' ► 411 Budget jj4 Risk Mgr. ease.bccmemo proj./appl. no. 2004110182/73294 82 TO: Indian River County Board of County Commissioners 1801 27th Street Building A Vero Beach, Florida 32960 772-226-1237 VB Three Oaks, LLLP , hereby petitions the Indian River County Board (Petitioner). of; County Commissioners, to vacate a Conservation Easement described as: (describe street, alley, road, easement, etc.) A portion of Tracts E and F (address) The Villas at Three Oaks (FKA Oak Grove Subdivision) (subdivision name, parcel or tract) , located in starting at and terminating at laying adjacent to (or in) Block , Lot , Section , Township , Range , as recorded in Plat Book 26 , Page 91 , Public Records of Indian River County, Florida. The reason for this request is (should include intended use of property): 1) To facilitate the re-design/re-plat of the Three Oaks project. A comparable new easement is proposed to be dedicated to Indian River County concurrent with the release of this easement and 2) to facilitate the construction of homes on lots 87-91, 98-102 and 106-108, the release of easement will provide a minimum separation of 10 ft between canopy vegetation and rear walls of the homes providing a tire break and means of access to rear 0 omen. Petitioner Name (Please Print): Patrick J. Donnelly, President VB Three Oaks GP, Inc.; VB Three Oaks, LLLP Address: 12270 SW 3RD ST STE 200, PLANTATION, FL 33325 Telephone: 613-692-5270 E-mail: mckinley@kingston.net Signature: Date: Q - 0 - / `I Property owners abutting the portion of the road requested to be vacated: (if any) N/A Name Address Please submit to the Indian River County Community Development Department with required fee (payable to Indian River County), with a copy of appropriate plat, tax or description map. NOTICE Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning division, public works department, the utility services department, and road and bridge to ascertain any preliminary staff objections or comments regarding your proposed request. Staff also encourages you to contact any neighbors that could be affected. Such preliminary contacts with staff and neighbors may save you time and money. Note: Later in the process, the right-of-way abandonment applicant will be responsible for having a surveyor 'provide a legal description and sketch for the right-of-way abandonment area. ATTACHMENT 1 83 • • RESOLUTION NO. 2014 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING PORTIONS OF CONSERVATION AREA TRACT E AND TRACT F IN THE VILLAS AT THREE OAKS SUBDIVISION WHEREAS, Indian River County has an interest in conservation easements ("Tract E" and "Tract F") in The Villas at Three Oaks Subdivision; and WHEREAS, portions of the conservation easements, depicted as Parcel "A"and Parcel "B" on Exhibit A attached, are being replaced by comparable conservation easements, and therefore retention of the easement portions serve 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 portions depicted as Parcel "A" and Parcel "B": SEE ATTACHED EXHIBIT A This partial release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2014, by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ATTACHMENT 2 84 RESOLUTION NO. 2014 - APPROVED AS TO LEGA FORM: ounty Attorney ease.bccdoc proj/apl. no. 2004110182/73294 Cc: Applicant: VB THREE OAKS, LLLP 12270 SW 3RD ST STE 200 PLANTATION, FL 33325 • 85 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) -S8955'J17 7500.-- - 4802' 1 LACIIvp __W ACCESS e t t. ti ^� rnotr� 5' LINlEO ACCESS £ASEACH1 $8955J7t 192- 48' TRACT I LANDSCAPE & DRAINAGE R=61.00 4-3631'53" ARC.38.93 1=10.15 N0955'J1 w16801' �--Ch=Nl8'I2''28'w L=38.27 TRACT F N2 J1'4J'M 6.41' CONSERVATION AREA 10' DRAYAGE 8 MTV (SO EXHIBIT `" \ ��111l111!t1� �p n; 2 I; � J? 2I `F�? B W . J6.5 J6� 165 15.0 il7109.00 _ 1. 8 100' U - a 1 1-� ( Amon to F- '.�tla�lC. �I Q us' Q� g 10311104bI 105 A a A 10 '..07 �I I a b b � who. 11 1 IX a 2:-1"--20}511. iI j 58955177 gyp t 1` ..)51_11 _JC_ 11 L' 150 .1GL - 11 1526 -' 9 H / H8 E D 1 K [ n/ E N 118955 i2V 109.00' 1 • 9 55'J2"W 210.76 _ (RRo r 1 RESOLUTION NO. 2014 - EXHIBITA (Page 1 of 2) 4' 36.5 51.26'73072" Fgt l09.6m' Nh70V74 of - 5298' -)`-\ N895532" 7107' -. " . M5955'12' 109.07' J5- 7i R=4609 4=900571' 7 5- F -36'- 11 763, T 1 ARC=71 J1 T=46.07 g �4' WE1 SJ171Y07 Lri=1144525011' 1=65101 1911! h 58950087 7500 -I'l T ..r IIL�6:5 t1021e4 J 101 +� P.O.B. ;3 PARCEL Ab3 1704 1-- U 100 KI I 99 1Q1981—fix 2 97 4 I 2L1.172/41:1/ 1 1 arm I $zzs = E %1� w 98 I m31 J-16):445_1-'_>064:14-1_1'114CEL A J 5?75 I dzi gQ 11895511F 19895 1-� N h y- N895008"IY 75010' -x124.0; ti 94 QI Ig TRACT E CONSERVATION AREA fN895901T 19905' . �J6. 11( �J6�1 5 9 2'°'\e6. °' \ 6' P.O.B. PARCEL 411 B o e t 871! 88 •I I 89 U h 90'11 91 1' 1 I 1 1 K I I 4'6Ylf R 1 36.5' L1..1_1 —36.51 1 36,2- r NJ55B4 A(^ 1.589590iW 109-�J50'C S8! 9'0/'917300' - TRACTH A K R I D PLACE H895 Ol 107.94' (PRIMO r-''^ 95 �I 4' 0(A" 58950087 ISA7 iv'210 1� A { TRACT M 75' I g~ I : Z I �1- ± per$, 92 /,acJ __ I c.) - 58950087 75.60'_' JT 1020' 58950087 i %U 14.07' �tx24.61' - S8958'11T 112.02' DRAINAGE/ACCESS/ UTILITY SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY PROJ. NO. 06 -080 -CE WN. BY: C.H.B. „KD. BY: S.P.T. (.6 THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE NOTHER. GRAPHIC SCALE 60 0 30 60 1 1 (IN FEET)) 1 inch = 60 ft. PLAT OF SURVEY FOR: VILLAS AT THREE OAKS DATE: 09-04-14 MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SPITE 201 VERO BEACH, FL 32960 LB916905 PHONE: 772-794-1213, FAX: 772-794-1094 E-MAIL: L116905(,IBELLSOL7'H.NET 11Workin0 FIkA2006 lQBS1,06.090 OAR GROVE)PIAT-UPDATF\FINAL PIATT06-090 NE W.CE.TO•BF.RELEASED-RFVAwp. 9/12/20,911921 AI PAGE 1 OF 7 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey (Project # 06-080—CE) • TYPE OF SURVEY: SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.6.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 Legal Description: EXHIBIT PARCEL "A" (CONSERVATION EASEMENT TO BE RELEASED) A PORTION TRACT "E", OF THE VILLAS AT THREE OAK SUBDIVISION AS RECORDED IN PLAT BOOK 26, PAGE 90 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING IN SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST,INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - BEGIN AT THE SOUTHWEST CORNER OF LOT 102 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN S 89°55'32"E ALONG THE SOUTHERLY LOT LINE OF LOTS 102, 101, TRACT "K", LOTS 100, 99, 98 AND TRACT "L" OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 208.94 FEET; THENCE RUN S 00°09'52"W ALONG THE WEST LINE OF LOTS 96, 95,TRACT "M", LOTS 94 AND 93 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 115.72 FEET; THENCE RUN S 89°59'01"W ALONG THE NORTH LINE OF TRACT "N", LOTS 91, 90, TRACT "O", LOTS 89, 88 AND 87 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 209.06 FEET; THENCE RUN N 00°13'07"E, A DISTANCE OF 10.00 FEET; THENCE RUN N 89°59'01"E, A DISTANCE OF 199.05 FEET; THENCE RUN N 00°09'52"E, A DISTANCE OF 95.71 FEET; THENCE RUN N 89°55'32"W, A DISTANCE OF 198.95 FEET; THENCE RUN N 00°13'07"E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. 1 SAID PARCEL CONTAINING 0.11 ACRES MORE OR LESS. 4L. PARCEL "B" (CONSERVATION EASEMENT TO BE RELEASED) A PORTION TRACT "F", OF THE VILLAS AT THREE OAK SUBDIVISION AS RECORDED IN PLAT BOOK 26, PAGE 90 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING IN SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST,INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RESOLUTION NO. 2014 - EXHIBITA (Page 2 of 2) BEGIN AT THE NORTHWEST CORNER OF LOT 106 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN N 89°55'32"W ALONG THE NORTH LINE OF TRACT °J", LOTS 105, 104 AND 103 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 124.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF OAKWOOD AVENUE AND THE WEST LINE OF SAID TRACT "F"; THENCE RUN N 00°04'28"E, A DISTANCE OF 10.00 FEET; THENCE RUN N 20°34'43'W, A DISTANCE OF 6.41 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT "F", RUN S 89°55'32"E, A DISTANCE OF 245.26 FEET; THENCE RUN S 00°04'28"W, A DISTANCE OF 85.00 FEET; THENCE RUN N 89°55'32"W, A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF LOT 108 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN N 00°04'28"E ALONG THE EAST LINE OF SAID LOT 108, A DISTANCE OF 69.00 FEET; THENCE RUN N 89°55'32'9N ALONG THE NORTH LINE OF LOTS 108, 107 AND 106 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 109.00 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 0.10 ACRES MORE OR LESS. Legend & Abbreviations: (symbols not scaleable • LS - PROFESSIONAL LAND SURVEYOR CR - PSM - PROFESSIONAL SURVEYOR & MAPPER L8 - LAND SURVEYING BUSINESS - CENTERLINE (M) - MEASURED VALUE (P) - PLAT VALUE SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: VILLAS AT THREE OAKS MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 L1346905 PHONE: 772-794-1213, FAX: 772-794-10% E-MAIL: LB6905(a2BELLSOLJTH.NET R/W - 0.R.B. - P.O.C. - P.O.B - for size) ROAD RIGHT OF WAY OFFICIAL RECORD 800K POINT OF COMMENCEMENT POINT OF BEGINNING SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY TNS SURVEY IS NOT VALD NTHOUT THE 9GNAIURE AND THE ORIONAL RAISED SEAL OF THE FLORIDA U(NSED SURVEYOR AND YAPPER CHARLES H. BLANCHARD, P.S.Y. /5755 T1Wa*'rp I .AM )015‘06440.0.A GPOMPL T.i1PDATINFMMt /UT16-0E0 NEW{E-TO-IEREIFASED-AH'dq, 9N/20M 15139 PM PAGE 2 OF 2 1 0 O (FORMSIconserv)7/99LEGAL(WGC CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT, made and executed this day of , 20_, by VB Three Oaks, LLLP, a Florida Limited Liability Partnership 13- -eerpefatien, whose mailing address is P.O. BOX 559009, FT. LAUDERDALE, FL 33355 , hereinafter called Grantor, to INDIAN RIVER COUNTY, a .political subdivision of the State of Florida, whose mailing address is 1801 27t Street, Vero Beach, Florida 32960, hereinafter called Grantee, WITNESSETH; WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, which is currently undergoing development; and WHEREAS, Grantor finds that it is appropriate to retain certain land or water areas on Grantor's property in their natural, scenic, open, or wooded condition; retaining such areas as suitable for habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archeological, or cultural significance; and [WHEREAS, the establishment of a conservation easement is required by Indian River County Wetland Protection Ordinance, section 928.06(3) to overlay all preserved, created, or enhanced wetlands or deep water habitats (and upland buffers, as applicable) associated with development site mitigation; and] [WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory, and ground cover:] NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit "A" to Grantee which conservation easement shall run with ATTACHMENT q. 88 c the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: (a) constructing or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. (b) dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) removal or destruction of trees, shrubs, or other vegetation. (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface. (e) surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) acts or uses detrimental to the retention of land or water areas. (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. Notwithstanding any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not transfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, treatment, and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall be assignable to other governmental bodies or agencies, charitable 2 89 0 C • organizations, or trusts authorized to acquire such easements. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of , 20 Signed in the presence of: GRANTOR: VB Three Oaks, LLLP By: VB Three Oaks GP, Inc. sign: By print name: print name: Patrick J. Connelly Title: President sign: (President or Vice President) print name: (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 20_ by the President of VB Three Oaks GP, Inc. , a Florida corporation, on behalf of and as the act and deed of said corporation. He/she is personally known to me or has produced (passport/driver's license) as identification. NOTARY PUBLIC: printed name: Commission No.: Commission Expiration: 3 90 SKETCH OF LEGAL DESCR/PT/ON (NOT A SURVEY) cer OAC. PARCEL 1 PB.26 PAG(�E 9p P.O B. 5'LN1Ep Aci g5 fASOEN, Si{9Jd'31T 7x07' • - Iia DRA1NArI44I e��- .LANDSCAPE A I Z v R=67.00 A<363353' .� •'Je, ARCw38.93 T-2015 % o- 'a. O=N812'28VL=3827+ � jmGa , 1 r0' OeNMar A 0111.11Y ISVTo • RLI* c Z I S8955' E 11..00' 355' I. 8 100' 1 1F— I C) g03. i p' 2s1-9 it EXHIBIT "A" 'N0.20ACR �:k•�r 2i801tY�Y� 17 o r $ "K 118955:111Y 10910' To WHITEOAK L NE N 55'..321V 11076 NB955:Or x0907 26" 51.IJ00' 4bi ` lQ407' 110784 0l - .5299' - NB955J27Yi11GYl'-.-Ia_s v. a Mq '• J4J5' - aL A -u Ai �A7Q571`\ --72B 1=46.07 T X6.3" ft P6' -17.01' -133 11 FF -36- 't'i i1 f 1102 IQI R 11 . 5' IJ 1101 ZU I 155' g 2100 k 2I S H IIS I 99 ' - II T6' 1 rsr,,.a' 1 9&= Q 1 JB - t, �'$ '1 .1` 569 - $-, 9E 10291 1 bet 7507' -1 97 ql 75' 1 TX 'RI 75' - 0/7' 1754 1551 TRACT E CONSERVATION AREA PARCEL "2" 0.06'ACRES R 05' TRACT M 11895018%7507' - ti 94 QI 1 75' 36.5 8 1' Pe - &)8 h, gWgle 15 92 J1 - 589501�T 7507' - lI 11J55843T 1020' 589561e1---1_,. N. .5895911114 !09,(170 AKRID D 9(7 7107' P- L A C E �� X 110.61 zs_TRACT H U 189591 X791'• (PRAM -1.,r_ .5893271'911201' 2016' .$8955711 J.AT I- is 1 DRAMA(/ACCESS/ UTILITY SKETCH OF DESCRIPTION wErcH or LEGAL DESCRIPTION NOT A 80UNDARY SURVEY °ROJ. NO. 06 -080 -CE PLAT OF M. BY: C.H.B. DATE: 09-04-14 KD. BY: S.P,T. CKD. PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT, THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE OTHER. GRAPHIC SCALE 60 0 30 60 i1�I (IN FEET) 1 inch = 60 ft. SURVEY FOR: VILLAS AT THREE OAKS i\WaWg WNVO911OSSW6.Olo OAk GRO'.'IVIAT.UPMTffWAL PLA1IW.080 WW<E.TD-RECOMGCEewg 11/14/2011 102A-09 AM MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD. SUM 21I VERO REACH, fl.. 32960 LBJ6905 PHONE: 772-794-1213, FAX 772-794-1096 E -MAL: LB6903fdBELLSOI 'HNET PAGE 1 nF- i SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 06-080—CE) • TYPE OF SURVEY: SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 Legal Description: EXHIBIT "A" PARCEL "1" (AREA TO BECOME A CONSERVATION EASEMENT) A PORTION TRACT T, OF THE VILLAS AT THREE OAK SUBDIVISION AS RECORDED IN PLAT BOOK 26, PAGE 90 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING IN SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST,INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN S 89°55'32"E (BASIS OF BEARINGS) ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF TRACT " I" OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE CONTINUE S 89°55'32"E ALONG THE NORTH LINE OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 291.48 FEET; THENCE LEAVING SAID NORTH LINE, RUN S 00°09'55"W ALONG THE EAST LINE OF TRACT " I" OF SAID THE VILLAS AT THREE OAKS SUBDIVISION, A DISTANCE OF 143.95 FEET; THENCE LEAVING SAID EAST LINE, RUN N 89°55'32"W, A DISTANCE OF 14.01 FEET TO THE WEST LINE OF SAID TRACT " I"; THENCE RUN N 00'09'52'E ALONG THE WEST LINE OF SAID TRACT "I", A DISTANCE OF 118.93 FEET; THENCE RUN N 89°55'32"W ALONG THE SOUTH LINE OF SAID TRACT "I", A DISTANCE OF 268.01 FEET; THENCE RUN N 20°34'43"W ALONG THE WEST LINE OF SAID TRACT " I" AND THE EAST RIGHT OF WAY LINE OF TRACT 'H" (OAKWOOD AVENUE), A DISTANCE OF 26.72 FEET TO THE POINT OF BEGINNING. `r SAID PARCEL CONTAINING 0.20 ACRES MORE OR LESS. PARCEL "2" (AREA TO BECOME CONSERVATION EASEMENT) A PORTION TRACT "G", OF THE VILLAS AT THREE OAK SUBDIVISION AS RECORDED IN PLAT BOOK 26, PAGE 90 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING IN SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST,INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 87 OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN N 89°50'05"W, A DISTANCE OF 25.42 FEET TO THE WEST LINE OF SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN N 00°09'55"E ALONG SAID WEST LINE, A DISTANCE OF 106.03 FEET; THENCE LEAVING SAID WEST LINE, RUN S 89°50'05"E, A DISTANCE OF 25.52 FEET TO THE WEST LINE OF TRACT "E", SAID THE VILLAS AT THREE OAKS SUBDIVISION; THENCE RUN S 00°13'07"W ALONG SAID WEST LINE OF TRACT "E", A DISTANCE OF 106.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.06 ACRES MORE OR LESS. Legend & Abbreviations: (symbols not scaleable PLS PSM L8 (P) - PROFESSIONAL LAND SURVEYOR - PROFESSIONAL SURVEYOR & MAPPER - LAND SURVEYING BUSINESS - CENTERLINE - MEASURED VALUE - PLAT VALUE SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: VILLAS AT THREE LA MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-MAIL: LB6905CE.BELLSOUTH.NET CR - R/W - 0.R.B. - P.O.C. - P.O.B - OAKS for size) COUNTY ROAD RIGHT OF WAY OFFICIAL RECORD BOOK POINT OF COMMENCEMENT POINT OF BEGINNING SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AM THE ORIGINAL RAISED SEA. OF THE FLORIDA UCENSEO SURVEYOR AND YAPPER BELOW, S H. BLANCHARD, P.S.M. /5755 T•W .011 o•$ GROMPIATiAtbklfsroam "..4.1.0N.,°. -..W,.".,."., °.._. °,,.,M.., ... PAC,F 7 (1F.7 92 1 4 Sheriff Deryl Loar Indian River County t October 6, 2014 The Honorable Peter O'Bryan, Chairman Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Chairman O'Bryan: The Indian River County Sheriff's Office has been negotiating with the Teamsters Local Union, No. 769 representing Lieutenants in the Law Enforcement Function. In that regard, this letter is my request to schedule an Executive Session with the Board of County Commissioners pursuant to the provisions of s. 447.605, Florida Statutes, with said session being exempt from the provisions of s. 286.011, Florida Statutes. Agency members present at the Executive Session will include Major James G. Harpring, General Counsel. I request that you schedule the Executive Session for a time certain of 11:00 am on October 14, 2014 to discuss Teamsters union negotiations. Sincerely, Deryl Loar, Sheriff 4055 41' Avenue, Vero Beach, Florida 32960 www.iresherif .org (772) 569-6700 Public llcaring (Legislative) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Dev ment Director FROM: Phil Matson, AICPrp(1 MPO Staff Directo DATE: October 1, 2014 SUBJECT: Request for the Board of County Commissioners to Consider an Ordinance to Approve New Impact Fee Schedules for Residential Uses and Automated Warehouse Use, and Modify the Title X Impact Fee Ordinance Regulations for the Unincorporated Indian River County and Municipalities It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 14, 2014. DESCRIPTION & CONDITIONS To address infrastructure costs associated with new growth, Indian River County has, since 1986, imposed traffic impact fees on new development. In 2005, the County adopted impact fees for eight additional services/facilities. Since their adoption, impact fees have generated considerable revenue, and impact fees are now among the largest single source of funding for infrastructure projects in Indian River County. According to the Indian River County Impact Fee Ordinance, the County must periodically review and update its impact fee schedule. Since the last update was performed in 2009, the county determined last year that a new impact fee study was needed. With that in mind, staff prepared a Scope of Services for an Impact Fee update, incorporated the Scope of Services into a Request for Proposals (RFP) for consultant services, and issued the RFP. Although the Scope contained activities included in a typical impact fee update, the Scope also directed the Consultant to develop strategies to reduce non-residential impact fees. In July 2013, the Board of County Commissioners (Board) selected Tindale -Oliver & Associates, Inc. (Consultant) to develop the Impact Fee Update. The resulting contract required the Consultant to review the county's existing impact fee formulas and policies; review previously authorized impact fee studies; utilize the latest available data to update impact fee variables and inputs; update land acquisition and infrastructure costs; review existing levels of service (for non -traffic fee categories only); update impact fee credits; and develop an updated impact fee schedule(s). In addition, the contract required the Consultant to review each of the major components of the County's impact fee program and develop alternative strategies to reduce non-residential impact fees, while minimizing or avoiding increases to residential impact fees and while maintaining adequate levels of service. F:\Community Development\Impact Fee\2014- IF Study\BCC staff report for adopting non-residential Ws October 14.doc 1 94 • • In a draft report issued in January 2014, the Consultant updated impact fee data and calculations, and developed updated impact fee schedules. In response to the directive to reduce non-residential impact fees, the Consultant applied its "Affordable Growth" methodology to the fee calculations, a methodology that considers the effects of various rates of growth on the County's ability to subsidize impact fees from other funding sources while adequately maintaining levels of service. On January 22, 2014, staff presented the draft report to the Board and also presented_its own scenario (the "Staff Scenario") that builds upon the Affordable Growth methodology by further reducing a number of fees. Following the January public workshop, staff conducted eight workshops with interested groups and organizations including two municipalities, and received considerable positive feedback with respect to the proposed Affordable Growth/Staff Scenario approach and resulting reductions in non-residential impact fees. On March 11, 2014, the Board authorized staff to initiate the process of adopting the updated non-residential impact fee rates in advance of the updated, final impact fee rates for residential uses. The ordinance adopting the non-residential impact fee schedule was adopted by the Board of County Commissioners on April 22, 2014 and went into effect. Currently, the "old" residential impact fee rates remain in effect. On June 11, 2014, the Board conducted a residential impact fee public workshop (see attachment 1). At that workshop, the Board indicated support for including a new rate for automated warehouses, keeping the "less than 1,500 sq. ft." category for single family units, clarifying the process for impact fee related appeals and individual assessments, and eliminating or reducing certain impact fee related review fees. Contained in the draft residential impact fee schedule was a recommendation to retain a fee for public education facilities (school impact fees). Noting that educational facility construction was the responsibility of the School Board, the BCC requested that the School Board confirm its continued need and interest in collecting school impact fees. Subsequently, on September 11, 2014, the School Board conducted a special business meeting and public workshop and confirmed by a 5-0 vote its continued interest in collecting the public education facility impact fee (see attachments 2 and 3). Recently, the Consultant issued the Indian River County Impact Fee Update Study Final Report dated September 26, 2014. That technical report was revised to include the final (recommended) residential fee schedules, including school impact fees, based on the Affordable Growth/Staff Scenario methodology. At the BCC's request, the report and proposed impact fee schedules also contain one new non-residential land use category. That category is High Cube (Automated) Warehouse (ITE Land Use Code 152). The Executive Summary of the final report is attached to this staff report (see attachment 4). The full report can be accessed at http://www.irccdd.com/Applications/Impact Fee/index.html The final report, impact fee ordinance modifications, proposed impact fee schedules, and a resolution eliminating and reducing certain impact fee -related application review fees are attached for the Board's review and approval. ANALYSIS In accordance with State Law, a public hearing must be conducted in order to update the Indian River County Impact Fee Ordinance and put the new residential impact fee schedules for the unincorporated county and municipalities into effect. Staff has complied with the advertising requirements for the public hearing and also provided a 30 -day notice to each municipality as required by each county/municipality impact fee interlocal agreement. The proposed ordinance (see attachment 5) contains impact fee schedules for residential and non- residential uses. Those Schedules include the automated warehouse use category and the "less than 1,500 sq. ft." single family category. Also included in the ordinance are modifications to the impact fee ordinance (Title X), which include changes to the adopted impact fee level of service standards for each fee category. Finally, staff incorporated a number of administrative and other changes into the impact fee ordinance. Those changes are discussed in turn below. F:\Community Development\Impact Fee \2014- IF Study\BCC staff report for adopting non-residential IFs October 1 4.doc 2 95 Residential and Non -Residential Fee Schedule Changes The Consultant has performed all tasks necessary to update the impact fee schedules for residential uses and high -cube automated warehouse use; has applied the "Affordable Growth" methodology to reduce or minimally increase residential impact fees; and has determined that the "Staff Scenario" based upon the Affordable Growth methodology is technically sound and warranted. Consequently, the Board has a reasonable basis for determining that the Consultant's update and Affordable Growth/Staff Scenario methodology as applied to the non-residential and residential impact fees are acceptable. In addition, the School Board has conducted a public workshop and special meeting at which the Consultant and the public participated, and has voted 5-0 to request that the BCC adopt the recommended school impact fees. Those fees are incorporated into the recommended residential impact fees contained in the attached fee schedules. Included in the schedules is the new non-residential fee category for high cube (automated) warehouse uses (ITE Land Use Code 152). That new use category has a lower transportation impact fee per square foot of new construction than does a conventional warehouse. The lower fee is based on the lower trip generation characteristics of the use which extensively uses automation, resulting in a smaller number of employees and fewer trips generated per square foot of building area. Impact Fee Ordinance (Title X) Modifications As stated by the Consultant, level of service (LOS) standards for public goods and services are often expressed in terms of units of service per resident (since there is an existing inventory of classrooms, jail beds, library books that can easily be divided by a number of residents to yield a standard). According to the Consultant, each of these units of service has a replacement cost and a value associated with it as well. Therefore, for impact fee calculation purposes, LOS can just as easily be expressed in terms of asset valuation per resident. Since an asset valuation approach more accurately reflects the combination of all capital assets needed to provide the public good, the Consultant has recommended that the County adopt a LOS standard for impact fee calculation purposes for each fee category expressed in terms of asset valuation. Those changes, consistent with the Consultant's final report, appear in the proposed impact fee ordinance modifications on pages 13 — 27 of the proposed text changes (see attachment to Attachment 5). Throughout development of the impact fee update, the Board and members of the public expressed a desire to consider changes to certain administrative aspects of the impact fee program. Changes discussed with the Board - and decided at the June 11 BCC workshop have been included in the proposed ordinance. Those include clarifying the process for impact fee -related appeals and individual assessments, and addressing impact fee determinations for improvements to older structures such as a proposal to enclose a decades old roofed vehicle sales structure (the Linus Cadillac example). With respect to appeals and individual assessments, the proposed ordinance modifications clarify that all impact fee related determinations, including individual assessments, are made by Community Development Director decisions and are appealable following the County Code Chapter 100 process. That process requires appeals of Community Development Director decisions to be heard by the County Administrator and decisions of the County Administrator to be heard by the Board of County Commissioners. In addition, proposed modifications clarify that an individual assessment can be requested for any and all impact fee program areas (all 9 areas). With respect to improvements to older structures, the ordinance proposes a new exemption from an impact fee assessment. That exemption will apply if it is determined that an improvement ofa structure in existence prior to adoption of impact fees (March 1, 1986) will not result in a measureable increase in traffic impacts. As structured, the proposed exemption is narrow in scope, is tied to measurable impacts, promotes renovation of older structures built before impact fee requirements were a development factor, and would follow the previously described appeal process that allows for ultimate review by the Board of County Commissioners. F.\Community DevelopmenNmpact Fee\2014- IF Study\BCC staff report for adopting non-residential Ws October 14. doc 3 96 • Said ordinance, if adopted, will establish new impact fee schedules for the unincorporated county and municipalities for residential uses and include a new non-residential use category for automated warehouses, based on the Consultant's final report. As proposed, in the unincorporated county, the impact fee schedules will slightly reduce residential impact fee rates for mobile homes (-7.9%) and most single-family categories (-5% and -8.2%), and will slightly increase impact fee rates for multi -family (+2.5%) and single-family under 1,500 sq. ft. (+0.5%). For the High Cube Automated Warehouse use impact fee category and rate, the proposed effective date is November 3, 2014. For all residential impact fee rates, some of which will be increasing, the proposed effective date of the ordinance is February 2, 2015. The proposed effective dates will satisfy state statutes which require a minimum of 90 days between adoption and the effective date of any impact fee increase. Application Fee Changes Attached is a resolution that will implement two fee changes desired by the Board (see attachment 6). One change is to eliminate the current $75 review fee for applications for refunds due to non -commencement. Another change relates to the review fee charged for an individual assessment request, which is currently a $2,000 flat fee. The proposed fee is a maximum of $2,000 or 5% of the assessed impact fee, whichever is less. For example, if a project is assessed a traffic impact fee of $20,000 under the adopted fee schedule, an individual assessment for the project's traffic impact fee would be $1,000 (5% of $20,000). The proposed sliding scale would benefit small development projects for which an individual assessment might be warranted. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Accept the Consultant's Impact Fee Update Final Report dated September 26, 2014; 2. Adopt the updated residential impact fee schedules and amended non-residential impact fee schedules to include the new high cube (automated) warehouse category, as contained in Appendix A of the attached ordinance; and 3. Adopt the proposed modifications to Title X, Impact Fee Ordinance Changes, as contained in Attachment #1 of the attached ordinance; and 4. Adopt the attached resolution to eliminate and reduce certain impact fee related application review fees. ATTACHMENTS 1) Minutes from the June 11, 2014, BCC Impact Fee Workshop 2) September 15, 2014 Letter from the Indian River County School District 3) Minutes of the September 11, 2014 Special School Board Meeting 4) Executive Summary of the Indian River County Impact Fee Study Final Report dated September 26, 2014 5) Proposed Impact Fee Ordinance Modifications and Fee Schedules for the Unincorporated County and Municipalities 6) Application Fee Resolution APPROVED AGENDA ITEM: FOR: October 14, 2014 BY: Indian River Co, Approved Date Admin. / Legal iuj eit4lLA Budget A t o f Dept. 7ai,y Risk Mgr. F:\Community Development\Impact Fee\20I4- IF Study\BCC. staff report for adopting non-residential IFs October 14.doc 4 97 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA IMPACT FEE UPDATE STUDY WORKSHOP MINUTES WEDNESDAY, JUNE 11, 2014. County Commission Chamber Indian River County Administration Complex 1801 27"' Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman District 4 Wesley S. Davis, Vice District 1 Chairman Joseph E. Flescher District 2 Bob Solari Tim Zorc District 5 District 3 Present Present Present Present Present Joseph A. Baird, County Administrator Present Dylan Reingold, County Attorney Present Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Leona Adair Allen, Deputy Clerk Also present were: Community Development Director Stan Boling, Management and Budget Director Jason Brown, and Metropolitan Planning Organization Director Phil Matson. Also present were the consultants from Tindale -Oliver and Associates, Inc. - Chief Executive Officer Steven Tindale, and Associate Principal Nilgun Kamp, AICP. 1. CALL TO ORDER 1:30 P.M. 1.A. Added: INVOCATION Commissioner Wesley S. Davis, Vice Chairman 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Staff Overview of Impact Fee Update Commissioner Peter D. O'Bryan, Chairman 1:31 Community Development Director Stan Boling: (1) recapped the p.m. January 22, 2014 Impact Fee Workshop where the Board of County Commissioners generally accepted update and methodology, and ILinstructed staff to conduct on -the -road -workshops; (2) summarized the Impact Fee Update Study Workshop Page 1 98 • March 11, 2014 Board of County Commission meeting where the Board of County Commissioners authorized bifurcating non-residential and residential fee changes; and (3) highlighted the April 22, 2014 Board of County Commission meeting where the Board adopted an updated schedule for non-residential fees and accepted the consultant's report/ study that supported the non-residential fees. Director Boling reported that on June 6, 2014, the consultant issued a final report, which includes residential and education impact fees. If there is a consensus after this meeting to move forward with a residential fee update, staff will bring it to the July 15, 2014 Board of County Commission meeting, and if there are other tasks, it would probably be sometime in September. He requested Board input and consensus on implementation issues so staff can move forward. B. Consultant Presentation on Residential Fees (Including School Impact Fees) and Implementation Issues 1:37 Associate Principal Nilgun Kamp gave a presentation on the findings of p.m. the technical study, which focused on residential impact fees, school impact fee calculations, and implementation issues. She clarified the consumption -based methodology, affordable growth strategy, residential land uses maximum calculated fees, and residential land uses affordable growth fees. She also elaborated on staff's recommendation to use the affordable growth strategy with the changes to include the library impact fee suspension, cutting the affordable growth strategy by 50% for public buildings, adopting parks impact fee at 75% of the affordable growth strategy, and adopting full fee for emergency services. She said the two new land uses were: (1) single family less than 1,000 square feet, and (2) high cube automated warehouse. Ms. Kamp also spoke about the educational facilities impact fee, facilities built since 2005, ongoing/future projects, the impact fee methodology, and the educational facilities which included the total school facility cost per student station (about $33,000), credit components, and the net impact cost per student (about $24,114), the student generation rate total (about 0.210), and the calculated school impact fee schedule which results in a fee of $2,387 for multi -family and $6,077 for single family. Ms. Kamp thereafter described the affordable growth scenario which results in an adoption percentage of 28%, and the residential fee comparison where the affordable growth fee would change from the current rate of $1,756 to $1,702 for single-family, from $500 to $668 for Impact Fee Update Study Workshop Page 2 99 • 4. multi -family, and from $623 to $1,026 for mobile homes. Chief Executive Officer Steven Tindale briefly explained implementation issues relating to fee calculations, timing of payment, individual assessments, portability, and the next steps in moving forward. He thereafter responded to questions from the Board. QUESTION AND ANSWER SESSION A. Board of County Commissioners 1:48 There was a discussion regarding tiered fees, growth rates, student p.m. enrollment projections, student generation rates, charter schools not being considered in the study, 17,284 permanent student stations, vacant student stations, the calculated school impact fee, enclosure improvements, the complex appeal process, and the comparison of school impact fee schedules with other counties. Chairman O'Bryan wanted to know if the School Board had taken a formal vote to adopt the recommended impact fee. 2:55 Indian River County School Board Chairman Carol Johnson, after p.m. providing background, informed Chairman O'Bryan that a vote had not been taken. She said she felt comfortable saying that the School Board agrees with the consultant's results. She informed the Board that they wait until the money is received before they plan to use it. She also noted that the School Board prefers that the impact fee be paid by those who are impacting growth, rather than having the entire community sharing in the expense. 3:01 County Administrator Joseph Baird asked Ms. Johnson if she would p.m. write a formal letter stating that there was a consensus of the School Board to move forward, and she agreed to do so because all five School Board members felt the County needs to continue impact fees due to the geographic surge. Chairman O'Bryan and Vice Chairman Davis explained why it would be best to have a formal School Board vote. Ms. Johnson reiterated that the School Board is not planning to build new schools, just new student stations. 3:08 Discussion ensued regarding school busses, permanent student stations, p.m. portables, the number of permanent student stations (17,284) versus student enrollment (15,245), and the variables that calculate the usage of the stations. Impact Fee Update Study Workshop Page 3 100 41) 3:12 p.m. C c Ms. Johnson said she would include this item on the School Board's June 24th Agenda, see that a formal vote is taken, and forward the results to the County Administrator. Director Boling asked that this item be brought back to the Board on July 15th, provided there is consensus at the end of the workshop to move forward with the study and the proposed fees. 3:17 Carter Morrison, Assistant Superintendent for Finance Operations at p.m. the Indian River County School District, said he had sent information to Management and Budget Director Jason Brown regarding the updated collections and expenditures for impact fees through May 31, 2014. He conveyed that since 2005, the School Board has collected about $10.5 million in impact fees and earned about $936,000 in interest. He also reported on expenditures, appropriations, and future projects. Ms. Johnson informed the Commissioners that the School Board had paid to have a feasibility study done on charter schools and that money had been set aside for those schools. She also noted that this year the School Board has a small amount of Public Education Capital Outlay (PECO) funds for facility maintenance. Commissioner Zorc questioned the fairness of the charter/public school formula, and supported a workshop with charter schools and the School Board. 3:37 There was a brief discussion regarding the payment of impact fees for p.m. 3:39 p.m. 3:40 p.m. newly built schools. B. Members of the Public Chairman O'Bryan opened to the floor for public comments. Althea McKenzie sought and received clarification regarding the impact fee study, impact fee calculation, number of students attending schools in Indian River County, and the student generation rate for mobile homes. 3:50 Charlie Wilson said he had requested a workshop with the School p.m. Board regarding impact fees over a year ago, but it never came to be. He read a portion of the Florida Statutes and stressed that the School Board, according to their documents, does not show new growth, meaning they cannot receive impact fees. He believed it to be the School Board's responsibility to prove their "need" for impact fees; and asked the Board to: (1) send the school portion of the study back to the School Impact Fee Update Study Workshop Page 4 101 Board for a formal vote; (2) ask the School Board to conduct a workshop; and (3) discontinue collecting impact fees until the School Board can prove the need. 4:04 A lengthy discussion ensued regarding student stations that were torn p.m. down and rebuilt elsewhere, level of service, student and county -wide capacity, and using capital dollars (not impact fees) to purchase additional busses. Chairman O'Bryan expressed that the consultants are experienced and their attorney legally supports the study; reiterated staff's concurrence; and claimed that before the Board votes, the County Attorney and County Administrator would be asked for their concurrence. 4:31 Mr. Tindale explained the school impact fee methodology used in the p.m. study, and the calculations used when tearing down student work stations. Mr. Wilson and Mr. Tindale debated the legalities of using school impact fee dollars. Director Brown provided background regarding the School Board's decision not to build a new Osceola Magnet school, and how the School Board used the impact fee dollars. 4:38 Further discussion ensued regarding the use and collection of impact p.m. fees, not being able to replace what was torn down with impact fees, and only collecting impact fees for new growth to occur. 4:40 Gene Waddell, Chairman of Indian River Charter High School Board p.m. of Directors, said the numbers presented show that in the traditional public schools there has been no growth, but in charter schools, the growth has increased about 12% since the year 2000. He asked the Board to send this back to the School Board requesting that some of the money go to charter schools, where the growth is actually occurring. The Commissioners expressed their concerns over making the right decision, and felt they needed more information. 4:48 Steve Meyer believed the solution would be to get rid of impact fees. p.m. Mr. Wilson sought and received calculated cost percentages. He 4:50 suggested cutting the approved percentage, sending it back to the School p.m. Board, and after they show the need, the percentage can be raised. The Chairman called for a break at 4:51 p.m., and reconvened the meeting at 5:06 p.m., with all members present. Impact Fee Update Study Workshop Page 5 102 p.m. 5:06 Director Boling elaborated on the limitations of impact fees and when they can be used for charter schools. He pointed out that consideration of impact fees for charter schools would require a different study, since the current study is not structured to accommodate them. He also acknowledged that impact fees did not pay for the replacement of elementary student stations at the Osceola school. Commissioner Solari said he had no problem with the past use of money, stressed that this is not the Board's area of expertise, and preferred for the experts to discuss this. 5:10 MOTION WAS MADE by Commissioner Solari, SECONDED by p.m. Commissioner Flescher, to send a letter to the School Board requesting they hold a Board Public Workshop to present/review the methodology of the school impact fee, and to justify their need. 5:20 Vice Chairman Davis said he had spoken to staff during the break to p.m. find out if the County had torn anything down, then used impact fees to replace or rebuild in a different area, and nothing could be recalled. 5:13 L. p.m. Discussion ensued regarding buildings that had been demolished in the past, capacity, and portable classrooms. Ms. Johnson said she would remove this item from the June 24th School Board meeting agenda. She also noted that she had spoken to Mr. Waddell during the break, regarding a possible workshop with the charters, and they decided it would need to be with next year's capital funds, because they have already held their workshops on what they will be doing with their budget. 5:20 Mr. Morrison acknowledged that the 17,284 permanent student stations p.m. did not include portables, justified the existing school inventory for permanent capacity, reviewed the history of collections from 2011, and indicated that the area of growth is in the north end of the County, which is where the continuation of impact fees would be used. 5:24 County Attorney Dylan Reingold noted the issues at hand and clarified p.m. the motion. 5:26 Ms. Johnson wanted to know whether a day or evening workshop would p.m. work best; consensus was to hold a daytime workshop. 5:28 Prior to Calling the Question, Chairman O'Bryan reiterated the p.m. Board's request to the School Board. 5:32 The Chairman CALLED THE QUESTION and the Motion carried p.m. unanimously. Impact Fee Update Study Workshop Page 6 103 t O 1 5:35 Director Boling requested leaving the residential fees as they are now, p.m. and scheduling the new residential fee change after the School Board holds its workshop, which will probably be in September. Mr. Wilson continued his presentation by naming some of the issues that he felt could be dismissed, and the issues he wanted staff to review, such as Emergency Services and Law Enforcement. He did not support an increase in impact fees and felt the current level was adequate. Using an overhead projector, he provided information regarding the level of service and affordable growth for parks and public buildings, then emphasized that impact fees are not a tax, they are a fee. He thereafter spoke about the affordable alternative method, the administration of an impact fee, and the refund policy. Chairman O'Bryan explained the law for collecting impact fees. Director Boling reiterated that the consultants established the park fee, which has always been value or asset based. Vice Chairman Davis wanted to know what public building space would be needed in the next six years, and Administrator Baird responded that it will be the Courthouse and Sheriff's Department. 5. WRAP-UP 6:08 Chairman O'Bryan clarified Commissioner Solari's direction for staff: p.m. (1) Eliminate the less than 1,000 square -foot category, or keep it the same (0 to 1,500 square feet). (2) Review individual assessment and appeals for a reasonable fee. (3) Leave portability, but drop the refunds regarding non - commencement refunds. (4) Continue collections at permit issuance. Commissioner Zorc voiced concerns over the alternative method appeal process for businesses that enclose their structures. 6:10 Discussion ensued regarding enclosures, interpretation of the Code, the p.m. amount of the fee, the appeals process, dropping the 1,000 square -foot category, eliminating the refund fee for non -commencement, and collecting impact fees at permit issuance. Chairman O'Bryan reiterated staff's direction to continue collecting residential impact fees at the current rate, and after the School Board's workshop, scheduling the final public hearing so the Board can take final action on the fee schedule. Impact Fee Update Study Workshop Page 7 104 6. The Commissioners confirmed for Director Boling, that they support the high cube and reduced rate for the automated warehouse. Director Boling reminded the Board that any change in the collection of impact fees would require a public hearing and ordinance. Attorney Reingold informed Vice Chairman Davis that he would be performing more research on his concerns over tearing down an elementary school and using impact fees to build new capacity. Director Boling said the consultant's attorney could also work with Attorney Reingold on this issue. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 6:21 p.m. ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Peter D. O'Bryan, Chairman Clerk of Circuit Court and Comptroller By: Approved: Deputy Clerk Impact Fee Update Study Workshop Page 8 105 School District of Indian River County 1990 25th Street • Vero Beach, Florida, 32960-3395 • Telephone: 772-564-3000 • Fax: 772-569-0424 Frances J. Adams, Ed.D. - Superintendent September 15, 2014 Honorable Peter O'Bryan, Chairman Indian River County Commission 1801— 27th Street Vero Beach, FL 32960 Dear Chairman O'Bryan: RECEIVED SEP 232014 BOARD OF COUNTY COMMISSION As requested by the Board of County Commissioners at your June 11, 2014, Impact Fee Public Hearing, the Indian River County School Board: • Held a Special Business Meeting and Public Workshop on September 11, 2014, regarding possible future Impact Fee expenditures and we documented justification for future School Impact Fee collections. • Took a formal Action Item vote to request continued collection of School Impact Fees by the County on our behalf. The vote was 5-0 to make this request. Please accept the sincere appreciation of the School Board for the time you have spent regarding this issue. We look forward to the Public Hearing and Commission vote on County Impact Fees, hopefully including School Impact Fees, on October 14, 2014. Respectfully, Carol Johnson, Chairman c: Indian River County Commissioners Indian River County School Board Members Karen Disney-Brombach District 1 "Educate and inspire every student to be successful" Dale Simchick • Matthew McCain • Carol Johnson Claudia Jimenez District 2 District 3 District 4 District 5 "To serve all students with excellence" Equal Opportunity Educator and Employee 106 C District School Board Special Meeting Impact Fees Minutes 19/11/20141 Stang, Judy The District School Board of Indian River County met on September 11, 2014, at 9:30 a.m. The meeting was held in the Indian River County Commission Chambers at 1801 27th Street, Vero Beach, FL 32960. District School Board Members attending were: Chairman Carol Johnson, Vice Chairman Matthew McCain, and Board Members: Claudia Jimenez, Karen Disney-Brombach, and Dale Simchick. Dr. Frances J. Adams, Superintendent of Schools; and Suzanne D'Agresta, School Board Attorney, were also present. Special Public Meeting on Impact Fees Minutes Meeting was called to order by Chairman Johnson. Chairman Johnson thanked the County Commission for the opportunity to come before them in the Commission Chambers and for requesting further information. 11. PLEDGE OF ALLEGIANCE TO THE FLAG — Chairman Johnson Chairman Johnson requested the audience to stand for a moment of silence in remembrance of those who lost their lives in the attack on the Twin Towers in New York City. Mr. McCain led the audience in the Pledge of Allegiance to the Flag. III. Purpose of the Meeting — Chairman Johnson Dr. Adams introduced her staff. Chairman Johnson said that the purpose of the meeting was to give more in-depth information in answer to questions from the Board of County Commissioners. IV. Address by County Commission Attorney — Mr. Reingold, Esq. Mr. Reingold said that before getting into a discussion on residential impact fees he wanted to clarify some of the issues that came up at the meeting in June. His three points of reference were: Could you charge school impact fees? What was your staff recommendations based on need (policy question)? And, more in-depth information to justify the need for additional classroom seats and how the fees would be spent. V. Presentation by School District Staff - Mr. Morrison/Mr. Sanders Mr. Morrison presented a PowerPoint that included the timeline (history), information from the County impact fee consultants, history of impact fee collections, projects partially funded with impact fees, and projected growth based on building permits that included locations and maps. Mr. Sanders talked about the projects that were partially funded with impact fees and future projects scheduled that included partial funding from impact fees. Mr. Morrison discussed projected growth. Page 1 of 3 Page 15 of 17 Consent A - 9/23/2014 107 is • District School Board Special Meeting Impact Fees Minutes 19/1.1/20141 Stang, Judy In conclusion, Mr. Morrison made the following statements: ➢ Impact fees placed the burden of expansion on new residents instead of existing residents and taxpayers who had already paid their fair share of impact fees. ➢ If impact fees were suspended and growth did occur; then, the school Board would have to borrow money to pay for growth. The District had been heavily criticized in the past for borrowing. ➢ Impact fees would keep pace with growth, one permit at a time. ➢ If growth did not occur, impact fees would not be collected. Tindale Oliver, Consultants hired by the County Commission, spoke to questions related to school capacity and student stations. They said that their report did not include areas such as exceptional student education classes that required much smaller classroom capacities. Tindale Oliver also stated that the capacity report did not include portables or private/charter schools. Their research included the use of the FISH Report. There was a discussion regarding the difference between calculating the capacity at a jail or fire station and the capacity at a school facility. Board Members and County Commissioners were given an opportunity to ask questions and receive responses. VI. Public Discussion — Chairman Johnson The public was invited to address the issue. Two members of the public requested to speak. Board Members responded to questions and statements. Tindale Oliver, Dr. Adams, Mr. Morrison, and Mrs. D'Agresta responded to questions from County Commissioners and the public. Chairman Johnson recess the meeting at 11:28 a.m. and reconvened at 11:45 p.m. The discussion on school impact fees continued. VII. ACTION AGENDA A. Approval of School District's Position on School Impact Fees — Chairman Johnson Approval to send a letter from the School Board to request that the Indian River County Commission allow the continued collection of School Impact Fees at the rate recommended by the Commission consultants Tindale Oliver. Superintendent recommended approval. Page 2 of 3 Page 16 of 17 Consent A - 9/23/2014 108 • • District School Board Special Meeting Impact Fees Minutes (9/11/20]41 Stang, Judy For the record, Chairman Johnson asked Ms. Nilgun Kamp, from Tindale Oliver, to state for the record the recommended 2014 affordable growth amounts for School Impact Fees. Ms. Kamp stated figures from page 11 of the PowerPoint that for a single family home the amount would be $1,702.00; for a multi -family home the amount would be $668.00; and for a mobile home the amount would be $1,026.00. For the record, Chairman Johnson asked Tindale Oliver to state the current impact fee rates. Ms. Kamp stated figures from page 11 of the PowerPoint that for a single family home the amount was $1,756; for a multi -family home the amount was $500.00; and for a mobile home the amount was $623.00. Chairman Johnson asked the County if any developers had voiced opposition to the figures. The County responded that they had not received any opposition to the proposed fees. Dr. Adams spoke briefly about the proposed recommendation before the Board. Chairman Johnson called for a motion. Ms. Jimenez moved approval to send a letter from the School Board to request that the Indian River County Commission allow the continued collection of School Impact Fees at the rate recommended by the County Consultants, Tindale Oliver. Mr. McCain seconded the motion. Board Members were given an opportunity to summarize their positions on the motion. Chairman Johnson thanked the County Commissioners. With no further discussion, the Board voted unanimously in favor of the motion with a 5-0 vote. With no further business, the meeting adjourned at approximately 12:18 p.m. Page 3 of 3 Page 17 of 17 Consent A - 9/23/2014 109 0 • • Indian River County Impact Fee Update Study FINAL REPORT Executive Summary Prepared for: Indian River County Community Development Dept. — Planning Division 1801 27th Street, Building A Vero Beach, FL 32960 ph (772) 226-1237 September 26, 2014 Tindale -Oliver & Associates, Inc. 1000 Ashley Drive, Suite 400 Tampa, FL 33602 ph (813) 224-8862, fax (813) 226-2106 Executive Summary In response to high growth levels and the need to provide infrastructure to support this growth, Indian River County (IRC) implemented a Transportation Impact Fee in 1986. in 2005, the County adopted impact fees in eight additional program areas. The technical studies for all program areas were updated in 2007; however, these technical studies were not adopted. Of the nine program areas, only the transportation impact fee was later updated substantially in 2009 by an internally generated County update using data from the 2005 and 2007 studies, resulting in a fee reduction for almost all the land uses. The eight non -transportation program fees were slightly modified in the 2009 update. Since then, the County suspended the collection of five impact fee areas to promote construction during the economic downturn, and more recently extended suspension of correctional facilities, solid waste, and public buildings impact fees. Indian River County retained Tindale -Oliver & Associates, Inc. (TOA) to prepare an update study to reflect changes to the impact fee variables for all program areas. In addition, the direction received from the Board of County Commissioners (BOCC) was to maintain the residential land uses at the current level and develop a methodology to reduce non- residential impact fees. To address the goal of reducing fees for non-residential land uses, TOA developed the Affordable Growth methodology, which takes into consideration revenues received from the existing development that will be used toward capacity expansion projects. As population growth rates decrease, the existing development's ability to assist in absorbing new growth's impact while maintaining the level of service (LOS) becomes more possible. The Affordable Growth method calculates the necessary impact fee levels to maintain the existing/achieved LOS given a certain level of non -impact fee funding at an estimated growth rate. It is important to note that the decision to fund capacity expansion projects solely through impact fees or through a combination of impact fees and other funding sources is a policy decision. This allows the County to contribute or limit non -impact fee funding in its service areas as appropriate based on its capital improvement planning goals and the level of impact fee revenue. In Florida, legal requirements related to impact fees have primarily been established through case law since the 1980's. Generally speaking, impact fees must comply with the "dual rational nexus" test, which requires that they: Tindale -Oliver & Associates, Inc. Indian River County September 2014 ES -1 Impact Fee Update Study 111 • • Be supported by a study demonstrating that the fees are proportionate in amount to the need created by new development paying the fee; and • Be spent in a manner that directs a proportionate benefit to new development, typically accomplished through a list of capacity -adding projects included in the County's Capital Improvement Plan, Capital Improvement Element, or another planning document/Master Plan. In addition, one of the requirements of the 2006 Florida Impact Fee Act is that the studies be based on most recent and localized data. This technical report has been prepared to support legal compliance with existing case law and statutory requirements. The methodology used in this report is consistent with that used in the 2004 and 2005 technical reports, which are the basis of the current adopted fees. Although the Florida courts have yet to expressly address the methodology underpinning the Affordable Growth Strategy, this aspect of the report is based on the long- standing legal standards described in this report. The technical report also documents the methodology components for each of the impact fee areas, including an evaluation of the inventory, service area, level -of -service (LOS), cost, credit, and demand components. Information supporting this analysis was obtained from the County and other sources, as indicated. Three primary factors affected the County's impact fee levels: • Since 2005, the County built additional infrastructure and increased the capital asset inventory significantly in most program areas. This results in an increased asset value, which in turn, increases the impact fee. • In most infrastructure areas, the County used or is projected to use other revenue sources to supplement impact fees, such as optional sales tax revenues, ad valorem tax revenues, and other revenues. Depending on the program area and the level of on-going investment, these contributions result in an increase in the credit component for some program areas, which in turn reduces the impact fee. In others, if the investment was made in earlier years and are not projected to continue at the same levels, the credit may decrease compared to the previous study, which in turn increases the impact fee. Tindale -Oliver & Associates, Inc. Indian River County September 2014 ES -2 Impact Fee Update Study 112 • Finally, the cost and demand components are adjusted to reflect the most recent available data, which affects different land uses at different rates. Given that the updated fees under the Affordable Growth method indicated a decrease for almost all of the non-residential fee categories, which is consistent with the County's economic development goals, the BOCC adopted the updated fees for non-residential land uses on April 22, 2014. At that time, calculations for residential land uses were not yet finalized due to considerations for modifying the residential land use categories and to allow for some time to obtain input from the School Board for the educational facilities impact fee. This technical report includes the final calculations for residential land uses. The following tables provide a summary of calculated fees for seven representative land uses. These land uses include examples of calculated residential land uses as well as adopted non-residential land uses. The complete schedule has almost 50 land uses and a comparison of all fee categories is included in Appendices I through K of the Final Report. The tables include the following: Table ES -1 (Unincorporated County) • Current adopted fee • Calculated maximum impact fee • Percent change from the current fee to the calculated fee • The complete fee schedule associated with this scenario is included in Appendix I of the Final Report. Table ES -2 (Unincorporated County) • Current adopted fee • Affordable growth impact fee • Percent change from the current fee to the affordable growth fee • The complete fee schedule associated with this scenario is included in Appendix J of the Final Report. Table ES -3 (Preferred Alternative, Unincorporated County) • Current adopted fee • Staff recommended impact fee • Percent change from the current fee to the staff recommended fee Tindale -Oliver & Associates, Inc. Indian River County September 2014 ES -3 Impact Fee Update Study 113 0 • The complete fee schedule associated with this scenario is included in Appendix K of the Final Report. The methodology used to develop the full calculated fees and affordable growth fees is documented throughout the technical report. The staff scenarios shown in Table ES -3 as well as Appendix K represent the County's preferred alternative and follow the affordable growth calculations, with the exception of the following policy decisions primarily based on a review of capital needs in the near future: • Adoption of maximum calculated fees for emergency services; • Application of a 50 -percent reduction to affordable growth scenario for public buildings impact fees for all land uses; • Application of a 25 -percent reduction to affordable growth scenario for parks and recreation facilities impact fees for all land uses; and • Suspension of the library impact fees. Of these, parks and recreation and libraries impact fees are charged only to residential land uses while the emergency services and public buildings impact fees are charged to both residential and non-residential land uses. Tindale -Oliver & Associates, Inc. Indian River County September 2014 ES -4 Impact Fee Update Study Summary of Impact Fees — All Program Areas (Full Calculated Fee Rates); Unincorporated County Indian River County 1 Impact Fee Update Study Tindale -Oliver & Associates, Inc. September 2014 Indian River County I Impact Fee Update Study 11 11111 II MN ,p, 4 � a c G R Tindale -Oliver & Associates, Inc. September 2014 Indian River County I Impact Fee Update Study E s P