Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06/21/2016 (4)
I �X ORAV A k COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District .5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JUNE 21, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127 1h Street, Building A Vero Beach, Florida, 32960-3388 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Commissioner Wesley S. Davis 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring James Thomas Jr. on his Retirement from Indian River County Board of County Commissioners Department of Public Works/Road & Bridge Division with Thirty-three Years of Service _________ 1-2 ------------------------------------------------------------------- B. Presentation of• Proclamation to Honor Representative Debbie Mayfield 3 -------------------------------------------------------------------------------------------------------------------- June 21, 2016 Page 1 of 6 J 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Honoring Joseph A. Baird on His Retirement from Indian River County Board of County Commissioners Office of the County Administration with Thirty-four Years of Service 4-7 ------------------------------------------- 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Employment Report for April 2016 _ _(memorandum dated June_ 13, 2016) 8-9 ----------------------------------------------------------------------------------- B. Indian River County Venue Event Calendar Review ---------------------------------------------------------------------------------------------------------------- 10 ---- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments June 3, 2016 to June 9, 2016 _ _(memorandum dated June 9, 2016) 11-19 ------------------------- --------------------------------------------------------------- B. Extension of Lease with Boys and Girls Club of Indian River County, Inc. _(memorandum dated June 13, 2016) 20-25 ----------------------------------------------------------------------------------------------- C. Miscellaneous Budget Amendment 020 __(memorandum dated June_ 13,2016) ------------------------------------------------------------ 26-28 --------------- D. FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature 8`h Street Sidewalk Improvements from 58`h Avenue to 21" Court FM No. 431733-1-58/68/01 __(memorandum dated June- 29-68 ------------------------------------------------------------------------------------- E. Change Order No. 1, Final Payment and Release of Retainage County Road 512 Resurfacing from 125`h Avenue to I-95, IRC Project No. 1304 _ _(memorandum -dated June -1-0,2016) 69-86 ------------------------------------------------------------------------------------------ F. Change Order No. 1 and Release of Retainage Aviation Boulevard / 20`h Avenue Intersection Improvements -- ---e (mmorandum dated June 8, 2016) 87-120 ------------------------------------------------------------------------------------------------------------ G. Approval of Children's Services Advisory Committee's Funding allocations for Fiscal Year 2016-17 _(memorandum dated June_14, 2016)__ 121-122 --------------------------------------------------------------------------------- June 21, 2016 Page 2 of 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of Proposed Vacation Rental Ordinance Establishing a Local License Requirement and Vacation Rental Regulations (memorandum dated __ Jun _e_6, 2016)_______________________________________________ 123-233 Legislative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Wanda Scott, Gifford Economic Development Council----------------------------------------------------------------------234 2. Request to Speak from Susan Mehiel Regarding Emergency _ Preparedness_ _ _ _ _ _ _ _ 235 ------------------------------------------------------------------------------ C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing Jul-, 5, 2016: Consider Amending Chapter 205 (Parks and Recreation) of the Code of Indian River County with regard to Festivals (memorandum dated June_9,_2016)------------------------------------------------------ 236 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None June 21, 2016 Page 3 of 6 12. DEPARTMENTAL MATTERS C. General Services. None 1, Human Services None 2, Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budiet PAGE 1. Continued from Board of County Commission Meeting of June 14, 2016: Health Insurance — Summary of Cost Saving Recommendations __(memorandum dated June -8-,-2-0-1-6) 237-246 F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman None June 21, 2016 Page 4 of 6 14. COMMISSIONERS MATTERS PAGE C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Brvan 1. Rewrite of County Code Section 956.15 ---- (m --- emorandum dated June 13, 2016) ............................... 247-254 ----------------------------------------- E. Commissioner Tim Zorc 1. Maintenance Issues of Private Culverts Crossing the Public Right - of -Way _(memorandum dated June15, 2016)___________ _______ 255 ----------------- 15. SPECIAL DISTRICTS AND BOARDS A. Emereency Services District 1. Work Order No. 1 for Fire -Rescue Station 15 and Request to Purchase Fire -Rescue Apparatus in the FY -2016/17 Capital Improvement Element __(memorandum dated June 8, 2016)------------------------------------------------ 256-268 ------------------------- B. Solid Waste Disnosal District 1. Final Pay to Geosyntec for Work Order No. CCNA-2014-Work Order No. 2 Installation of New Groundwater Monitoring Well Clusters Project _(memorandum dated June 13, 2016) 269-277 ------------------------------------------------------------------------------------- 2. Final Pay to SCS Engineers for Work Order No. 1 for HHW and E - Waste Bids _(memorandum dated June 13, 2016) 278-281 ------------------------------------------------------------------------------------- C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. June 21, 2016 Page 5 of 6 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5: 00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 .m. June 21, 2016 Page 6 of 6 PROCLAMATION 5� HONORING JAMES THOMAS JR. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKSIROAD & BRIDGE DIVISION WHEREAS, James Thomas Jr. retired from Indian River County Road and Bridge Division effective June 30, 2016; and WHEREAS, James Thomas Jr. first began his employment with Indian River County as a temporary/summer employee with Road & Bridge for the years 1979, 1980 and 1982, as a maintenance worker, and WHEREAS, James Thomas Jr. began his full time career with. Indian River County on September 3, 1982, as a Maintenance Worker and was rapidly promoted to a Motor Equipment Operator Hon January 14, 1983. On May 27, 1988, he was promoted from a Motor Equipment Operator II to Foreman and continued in that capacity until his retirement, and WHEREAS, James Thomas Jr. has served this County and the Public with distinction and selflessness. During his thirty-three years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds James Thomas Jr.'s efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-three years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 21st day of June 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman ?his is to certify that James Thomas Jr. is hereby presented this &tirement Award for outstanding performance and jaithfuf service to Indian 2jiver County Boarcfof County Commissioners T'or thirty-three years of service On the 30th day oflune 2016 P*fiard B. Szy Director of ft6fic 'Wor*j Bo6 Solari Board of County Commissioner, Cliainnan PROCLAMATION 5-8 TO HONOR REPRESENTATVE DEBBIE MAYFIELD WHEREAS, Representative Debbie Mayfield is a native Floridian who has been a Vero Beach resident since 1989. She is the proud mother of 3 sons, Evan, Samuel, and Colman with her late husband Representative Stan Mayfield; and WHEREAS, Representative Debbie Mayfield was elected to the Florida House of Representatives in 2008 and subsequently re-elected to represent District 54, which includes all of Indian River County and northern St. Lucie; and WHEREAS, during her eight (8) years of service in the Florida House of Representatives, Representative Debbie Mayfield 'has worked diligently to honor and promote the best interests of District 54 and to improve the quality of life for all Floridians; and WHEREAS, throughout her decorated tenure as a member of the Florida House of Representatives, Representative Debbie Mayfield has served the State of Florida in a number of leadership roles including, but not limited to, Chair of the Local Government Affairs Subcommittee (2014-2016), Chair of the Business & Professional Regulation Subcommittee (2012-2014), Alternating Chair of the Joint Legislative Auditing Committee (2010-2012), Co -Chair of the Joint Select Committee' on Collective Bargaining (2010- 2012); House Deputy Whip during the 2010 Legislative Session, and Vice Chair of Agriculture & Natural Resources Policy Committee (2008-2010); and WHEREAS, Representative Debbie Mayfield is rightfully honored on this day for her service as a member of the Florida House of Representatives. Her tireless work on behalf of her constituents is justly acknowledged, and for her 8 years of service as a legislator, and for the countless hours she has spent working on behalf of District 54, she is hereby commended and granted best wishes as she begins a new chapter of her life; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Representative Debbie Mayfield's efforts on behalf of the citizens of Indian River County, and the Board wishes to express its appreciation for the dedicated service she has given for the last 8 years. Adopted this 21 st day of June, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob lari, Ch ' man ose h E. Flescher, Vice Chairman W ey S. Davi Peter D. O'Bryan l ort PROCLAMATION /01 " HONORING JOSEPH A. BAIRD ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF THE COUNTY A DMINIS TRA TOR WHEREAS, Joseph Baird retires from his position as Indian River County's County Administrator effective June 30, 2016; and WHEREAS, Joseph Baird began his career with Indian River County as a Staff Accountant for the Indian River County Clerk of the Circuit Court in 1981. In 1982, he began working for the Board of County Commissioners as the Assistant Utilities Manager, and in 1983 was promoted to Assistant Utilities Director/Financial Manager. In 1985, Joseph Baird was promoted to Budget Director, and in 2000 was promoted to Assistant County Administrator. In November of 2003) he was named Acting County Administrator, and in March of 2004, was named County Administrator. As County Administrator, Joseph Baird has been responsible for a total annual budget of $280, 000, 000. 00) all County Departments, and directing a staff of over 750 employees; and WHEREAS, Joseph Baird worked on Indian River County's first Consolidated Annual Financial Report, and was awarded the first Indian River County Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada. The County has continued to receive the Distinguished Budget Presentation Award annually for twenty-five years. Indian River County was non -rated by the rating agencies for debt issuance, and under Joseph Baird's direction became A rated and now is Triple A rated by the independent rating agency, and WHEREAS, during his tenure, Joseph Baird was involved in the negotiation and purchase of the Lost Tree Islands, the Retention of Piper Aircraft, Expansion of Utilities Services, Creation of the Emergency Services District, Establishment of the Optional Sales Tax for Capital Projects, Establishment of the Tourist Tax Levy and the Tourist Development Council, Consolidation of Fire Rescue and Advanced Life Support, Creation of the Solid Waste Disposal District, Economic Development, Hurricane Recovery in 2004 and 2005, Award of Green Designation to Indian River County, and Implementation of Single Stream Recycling; and WHEREAS, Joseph Baird worked on many projects such as the Main Library, Jail, Sheriff's Administration Building, North County Library, Health Department Building, Fairgrounds Expansion, Joint Fleet Management and Fueling Depot Facility with IRC School District, Judicial/Courthouse Complex, Indian River County West Complex at 43rd Avenue including the Emergency Operations Center, Supervisor of Elections Office, and Utilities Operations Center, Administration Complex, Parks Maintenance Complex, Brackett Library, Road and Bridge Complex, Indian River Transit Go -Line Facility, Numerous new and re -built Fire Station Facilities, Rockridge Sewer Project, Establishment of a county -wide Enterprise GIS System, and the innovative Spoonbill Marsh, Egret Marsh, and Osprey Acres projects; and WHEREAS, Joseph Baird actively championed the expansion of Parks and Recreation Facilities and opportunities including the Sandridge Golf Course, Golden Sands Park, Treasure Shores Park, Soccer Fields and Expo Center at the Fairgrounds, Gifford Aquatic Center, Shooting Range, Round Island Park and Observation Area, North County Baluiields, North County Aquatic Center, North Sebastian Conservation Area, South County Regional "Dick Bird" Park Lacrosse Fields and Intergenerational Facility, Historic Dodgertown Quad Baseball Fields, Concession Stands, and Multi -Purpose Soccer/Football Field, Martin Luther King Walking Trail, 16'h Street Ball Complex, and the Oslo Riverfront Conservation Hiking Trail and Oyster Bar Walking Trail in Cooperation with the Indian River Land Trust; and WHEREAS, Joseph Baird has been given numerous Awards and Special Recognitions including the Miser of the Year Award from the Taxpayers' Association of Indian River County in 1991 and 2008, the Carolyn K. Eggert Economic Development Award from the Indian River County Chamber of Commerce in 2004, the Appreciation Award from the Gifford Youth Activity Center in 2004, the Community Partner of the Year Award from the Treasure Coast Work Force Development Board in 2005, the Outstanding Citizen Award from the Barrier Island Coalition in 2005, the Leadership Appreciation Award from UNC/CDC Public Health Grand Rounds in 2007, Recognition as one of the 40 Most Influential People in Indian River County by Vero Life — Gulfstream Media Group in 2007, the National Outstanding Achievement Award in Recovery from the National Hurricane Conference Awards Committee in 2008, Recognition as a United Way of Indian River County Campaign Cabinet Member from 2008 to 2010, a Special Recognition Award for Services to Indian River County from the Taxpayers' Association of Indian River County in 2016, and the Chairman's Award from the Indian River County Chamber of Commerce in 2016, and WHEREAS, During his Thirty -Five Years of service to Indian River County, Joseph Baird has been an advocate for the Taxpayers, has served the Public tirelessly, has been dedicated to his work leaving a lasting legacy of excellence, and has been greatly appreciated by Indian River County residents, his employer, and his employees, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board Applauds Joseph Baird's efforts on behalf of Indian River County, and the Board wishes to express their sincere appreciation for the dedicated service he has given to Indian River County for the last thirty-five years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! ?his is to certify that joseph Baird is here 6y presented this W§tirement Award for outstanding performance and faithfu(service to Incftan Vver County Board of County Commissioners For thirty-four years of service on the 3oth day ofyune 2016 Joseph T&scher Bo6 Solari Board of County Commissioner, $ ice -Chairman Board of County Commissioner, Chairman Emergency Item: 5b- -Proclamation/Presentation TIME SPECIFIC:10:00 AM PROCLAMATION TO HONOR SENATOR JOE NEGRON WHEREAS, Senator Joe Negron is a native Floridian who was born in West Palm Beach Senator Negron and his wife, Rebecca, have 3 children; and WHEREAS, Senator Negron was elected to the Florida Senate in 2009. In 2012, Senator Negron was reelected to represent the residents of this District, which includes southeastern Indian River County, eastern St Lucie County, eastern Martin County, and northern Palm Beach County; and WHEREAS, in 2015, the newly formed Senate districts were accepted and it was determined that Indian River County would no longer be a part of his District; and WHEREAS, over the last seven (7) years in the Florida Senate, Senator Negron has worked diligently to honor and support the best interests of Indian River County. Senator Negron has held several leadership roles including, but not limited to, Vice Chair of the Senate Budget Committee (2010-2012), Chair of the Budget Subcommittee on Health and Human Services Appropriations (2010-2012), Chair of the Senate Committee on Appropriations (2012-2014), and Chair of Civil and Criminal Justice Appropriations (2014-2016); and WHEREAS, Senator Negron is a dedicated leader and protector of both the environment and the health of the Indian River Lagoon From 2012 to 2014, Senator Negron served as the Chair of the Indian River Lagoon and Lake Okeechobee Basin Committee which was tasked to investigate policies, spending, and any other governmental activities which may impact the water management in the Indian River Lagoon and Lake Okeechobee Basin In an effort to promote, clean and protect the Indian River Lagoon, Senator Negron has successfully fought for and secured millions of dollars in funding from the State of Florida; and WHEREAS, for the next two years, Senator Negron will serve as the Senate President of the State of Florida; and WHEREAS, Senator Negron is rightfully honored on this day for his service to Indian River County and to the residents District 32 His tireless work on behalf of his constituents is justly acknowledged, and he is hereby commended and granted best wishes as Senate President; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Senator Joe Negron on his past and future leadership roles, and the Board wishes to express its appreciation for the dedicated service he has given Indian River County for the last 7 years. Adopted this 21st day of June, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Joseph E Flescher, Vice Chairman Wesley S Davis Peter D. O'Bryan Tim Zorc 7-1 June 21, 2016 ITEM 74 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 13, 2016 SUBJECT: Employment Report for April 2016 FROM: Peter O'Bryan Commissioner, District 4 Attached is the Employment Report for April 2016 as reported by CareerSource Research Coast. 8 CareerSource [E@P@T RESEARCH COAST � 00 UNo�E May 20, 2016 The unemployment rate in the CareerSource Research Coast region (Indian River, Martin, and St. Lucie counties) was 5 0 percent in April 2016. This rate was 0.7 percentage point lower than the region's year ago rate of 5.7 percent. Out of a labor force of 262,863 there were 13,083 unemployed residents in the region. The CareerSource Research Coast region contains two metropolitan statistical areas (MSAs), the Port St. Lucie MSA (Martin and St. Lucie counties) and the Sebastian -Vero Beach MSA (Indian River County). In April 2016, nonagricultural employment in the combined CareerSource Research Coast metro areas was 192,200, an increase of 5,300 jobs (+2.8 percent) over the previous year. Unemployment Rates* (not seasonally adjusted) April 2016 March 2016 April 2015 March 2015 April 2014 March 2014 CareerSource Research Coast Region 5.0 5.1 5.7 5.8 6.8 7.5 Indian River County 5.5 5.5 6.2 6.2 7.3 8.0 Martin County 4.4 4.6 4.9 5.1 5.5 6.2 St. Lucie County 5.0 5.2 5.9 6.0 7.7 8.4 Florida 4.5 4.7 5.2 5.4 6.0 6.6 United States 4.7 5.1 5.1 5.6 5.9 6.8 'Monthly employment and unemployment rates (not seasonally adjusted) at the state and local levels may have sharp fluctuations due to seasonal events that follow a somewhat regular pattern each year. Seasonal events include tourism, agricultural harvests, holidays, and the opening and closings of schools. The effects these events have on labor statistics can be eliminated through seasonal adjustment, a statistical technique that smoothes the seasonal impacts and makes it easier to observe underlying trends. Seasonally adjusted unemployment rate estimates are available for Florida, andmetropolitan areas on a lagged basis, but are not available for all counties. Seasonally adjusted nonagricultural employment is available for Florida by industry and for selected metro areas at the total level only. Lowest Unemployment Rate (not seasonally adjusted) Highest Unemployment Rate (not seasonally adjusted) Monroe County had the state's lowest unemployment rate Hendry County had the highest unemployment rate (7.0 (3.0 percent), followed by Hamilton County (3.2 percent) percent), followed by Sumter County (6.6 percent) and and St. Johns County (3.4 percent). Citrus County (6.3 percent). Employment by Industry (by MSA) In the combined CareerSource Research Coast metro areas, the major industries that gained jobs over the year were education and health services (+1,800 jobs), leisure and hospitality (+1,000 jobs); government (+1,000 jobs), profession- al and business services, (+600 jobs); mining, logging, and construction (+500 jobs), trade, transportation, and utilities, and other services (+400 jobs each), information; and financial activities (+100 jobs each). The manufacturing (-600 jobs) industry lost jobs over the year. Port St. Lucie MSA Education & Health Services 1,300 Government 1,000 Leisure and Hospitality 800 Professional & Business Services 500 Other Services 300 - Mining, Logging & Construction 200 Information 100 Retail Trade 100 Transportation, Warehousing & Utilities 0 Wholesale Trade 0 Financial Activities 0 Manufacturing 400 Sebastian -Vero Beach MSA Education & Health Services 500 Mining, Logging & Construction 300 Retail Trade 200 Leisure and Hospitality 200 Transportation, Warehousing & Utilities 100 Professional & Business Services 100 Other Services 100 Financial Activities 100 Wholesale Trade 0 Information 0 Government 0 Manufacturing Administrative Offices ' 584 NW University Boulevard, Suite 100 1 The number �f jobs ir7 Fforrda ,t -as 8 283.900 in A�rrl 2016. u� Z5d SOO��bs ;ompared to a year ago. Afxi! 2016 �;ras the 69th conseeutrve month vritlr p�sit/ve annua/lib growth a/ter the state IUsi Violas for raver three years The inckrsLy gaining the most jobs was education and health services (+47. 1001obs. +4.0 percent). Next release will be June 17, 2016 200 _c r� Port Saint Lucie, FL 34986 An equal opportunity employer/program. AuAliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons 9 using TTY/TDD equipment via the Florida Relay Service at 711. rollaboni�. •i.l - J innovate '. lead. as- careersourc:erc.com =' 200 _c r� Port Saint Lucie, FL 34986 An equal opportunity employer/program. AuAliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons 9 using TTY/TDD equipment via the Florida Relay Service at 711. Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar INDEPENDENCE DAY HOURS OF OPERATION: July 4th CLOSED: OPEN: • IRC ADMIN COMPLEX • GAC & NCAC: 10am-5pm • SHOOTING RANGE • SANDRIDGE - regular hours • ALL IRC LIBRARIES • COUNTY PARKS - regular hours Red, White & Blue Scramble July 2 @ Sandridge: • 8am -Shotgun Start • $60.00 per player. Includes: all golf charges, range balls, prizes and lunch. NWTBA Wood Bat World Championship July 5-9 @ Historic Dodgertown Baseball Youth Majors July 10-15 @ Historic Dodgertown Nations Greater Orlando Baseball Tournament July 16-17 @ North County Regional and South County Regional Parks Adult/Child Golf Championship July 23 @ Sandridge: - - - _• 8am -Shotgun Start - - - --- - - -- --- - - - - - • $70.00 per team. Includes: range balls, golf, tee gift, lunch and prizes. Treasure Coast Junior Golf Tour Championship July 30 @ Sandridge: • 8am Tee Times - Starting at $80 per child. Includes: all 7 events, golf shirt and a golf hat. Discounts for siblings. 10 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 9, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 3, 2016 to June 9, 2016 ,. �POMPJR In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 3, 2016 to June 9, 2016. Attachment: 11 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 340258 06/03/2016 ETR LLC 450,000.00 340259 06/09/2016 UTIL REFUNDS 100.00 340260 06/09/2016 UTIL REFUNDS 43.45 340261 06/09/2016 UTIL REFUNDS 15.17 340262 06/09/2016 UTIL REFUNDS 21.92 340263 06/09/2016 UTIL REFUNDS 35.71 340264 06/09/2016 UTIL REFUNDS 217.25 340265 06/09/2016 UTIL REFUNDS 37.80 340266 06/09/2016 UTIL REFUNDS 43.31 340267 06/09/2016 UTIL REFUNDS 65.23 340268 06/09/2016 UTIL REFUNDS 148.11 340269 06/09/2016 UTIL REFUNDS 2.66 340270 06/09/2016 UTIL REFUNDS 37.74 340271 06/09/2016 UTIL REFUNDS 4.28 340272 06/09/2016 UTIL REFUNDS 15.03 340273 06/09/2016 UTIL REFUNDS 44.52 340274 06/09/2016 UTIL REFUNDS 32.22 340275 06/09/2016 UTIL REFUNDS 63.81 340276 06/09/2016 UTIL REFUNDS 30.67 340277 06/09/2016 UTIL REFUNDS 75.16 340278 06/09/2016 UTIL REFUNDS 29.74 340279 06/09/2016 UTIL REFUNDS 90.16 340280 06/09/2016 UTIL REFUNDS 47.16 340281 06/09/2016 UTIL REFUNDS 45.73 340282 06/09/2016 UTIL REFUNDS 30.65 340283 06/09/2016 UTIL REFUNDS 9.01 340284 06/09/2016 UTIL REFUNDS 35.19 340285 06/09/2016 UTIL REFUNDS 32.97 340286 06/09/2016 UTIL REFUNDS 84.33 340287 06/09/2016 UTIL REFUNDS 82.66 340288 06/09/2016 UTIL REFUNDS 18.11 340289 06/09/2016 UTIL REFUNDS 179.20 340290 06/09/2016 UTIL REFUNDS 29.57 340291 06/09/2016 UTIL REFUNDS 80.34 340292 06/09/2016 UTIL REFUNDS 75.16 340293 06/09/2016 UTIL REFUNDS 37.77 340294 06/09/2016 UTIL REFUNDS 2.87 340295 06/09/2016 UTIL REFUNDS 62.17 340296 06/09/2016 UTIL REFUNDS 21.56 340297 06/09/2016 UTIL REFUNDS 73.42 340298 06/09/2016 UTIL REFUNDS 70.85 340299 06/09/2016 UTIL REFUNDS 84.18 340300 06/09/2016 UTIL REFUNDS 36.91 340301 06/09/2016 UTIL REFUNDS 34.12 340302 06/09/2016 UTIL REFUNDS 75.96 340303 06/09/2016 UTIL REFUNDS 536.98 340304 06/09/2016 UTIL REFUNDS 99.99 340305 06/09/2016 UTIL REFUNDS 71.35 340306 06/09/2016 UTIL REFUNDS 51.71 340307 06/09/2016 UTIL REFUNDS 80.25 340308 06/09/2016 UTIL REFUNDS 68.85 340309 06/09/2016 UTIL REFUNDS 43.15 340310 06/09/2016 UTIL REFUNDS 39.70 340311 06/09/2016 UTIL REFUNDS 3.05 340312 06/09/2016 UTIL REFUNDS 395.81 340313 06/09/2016 UTIL REFUNDS 125.62 340314 06/09/2016 UTIL REFUNDS 78.48 340315 06/09/2016 UTIL REFUNDS 9.34 12 TRANS NBR DATE VENDOR AMOUNT 340316 06/09/2016 UTIL REFUNDS 34.24 340317 06/09/2016 UTIL REFUNDS 43.95 340318 06/09/2016 UTIL REFUNDS 39.19 340319 06/09/2016 UTIL REFUNDS 143.83 340320 06/09/2016 UTIL REFUNDS 63.48 340321 06/09/2016 UTIL REFUNDS 87.80 340322 06/09/2016 UTIL REFUNDS 74.54 340323 06/09/2016 UTIL REFUNDS 84.34 340324 06/09/2016 UTIL REFUNDS 78.32 340325 06/09/2016 UTIL REFUNDS 77.80 340326 06/09/2016 UTIL REFUNDS 263.06 340327 06/09/2016 UTIL REFUNDS 69.74 340328 06/09/2016 UTIL REFUNDS 69.24 340329 06/09/2016 UTIL REFUNDS 69.78 340330 06/09/2016 UTIL REFUNDS 41.18 340331 06/09/2016 UTIL REFUNDS 77.14 340332 06/09/2016 UTIL REFUNDS 92.02 340333 06/09/2016 UTIL REFUNDS 81.15 340334 06/09/2016 UTIL REFUNDS 37.62 340335 06/09/2016 UTIL REFUNDS 15.17 340336 06/09/2016 UTIL REFUNDS 31.57 340337 06/09/2016 UTIL REFUNDS 40.62 340338 06/09/2016 UTIL REFUNDS 37.77 340339 06/09/2016 UTIL REFUNDS 84.63 340340 06/09/2016 UTIL REFUNDS 37.91 340341 06/09/2016 UTIL REFUNDS 339.31 340342 06/09/2016 UTIL REFUNDS 383.33 340343 06/09/2016 UTIL REFUNDS 36.13 340344 06/09/2016 UTIL REFUNDS 50.86 340345 06/09/2016 UTIL REFUNDS 64.44 340346 06/09/2016 UTIL REFUNDS 117.12 340347 06/09/2016 UTIL REFUNDS 41.91 340348 06/09/2016 UTIL REFUNDS 97.93 340349 06/09/2016 UTIL REFUNDS 39.33 340350 06/09/2016 UTIL REFUNDS 68.06 340351 06/09/2016 UTIL REFUNDS 40.82 340352 06/09/2016 CLEMENTS PEST CONTROL 125.00 340353 06/09/2016 PORT CONSOLIDATED INC 516.14 340354 06/09/2016 GUARDIAN EQUIPMENT INC 814.00 340355 06/09/2016 JORDAN MOWER INC 57.64 340356 06/09/2016 TEN-8 FIRE EQUIPMENT INC 14,993.95 340357 06/09/2016 RANGER CONSTRUCTION IND INC 737.64 340358 06/09/2016 VERO CHEMICAL DISTRIBUTORS INC 256.50 340359 06/09/2016 PERERS ENTERPRISES INC 5,277.53 340360 06/09/2016 KIMLEY HORN & ASSOC INC 3,769.00 340361 06/09/2016 VELDE FORD INC 453.86 340362 06/09/2016 SAFETY PRODUCTS INC 121.40 340363 06/09/2016 PARALEE COMPANY INC 408.00 340364 06/09/2016 E-Z BREW COFFEE & BOTTLE WATER SVC 33.95 340365 06/09/2016 GRAINGER 147.60 340366 06/09/2016 KELLY TRACTOR CO 3,234.59 340367 06/09/2016 GRAYBAR ELECTRIC 544.20 340368 06/09/2016 AMERIGAS EAGLE PROPANE LP 1,098.68 340369 06/09/2016 AMERIGAS EAGLE PROPANE LP 1,099.06 340370 06/09/2016 AMERIGAS EAGLE PROPANE LP 1,113.65 340371 06/09/2016 WILD LAND ENTERPRISES INC 120.75 340372 06/09/2016 HACH CO 240.00 340373 06/09/2016 CLIFF BERRY INC 187.25 340374 06/09/2016 PATTERSON POPE INC 406.74 340375 06/09/2016 HD SUPPLY WATERWORKS, LTD 10,842.02 13 TRANS NBR DATE VENDOR AMOUNT 340376 06/09/2016 PROFORMA IMAGING 42.24 340377 06/09/2016 TIRESOLES OF BROWARD INC 1,104.00 340378 06/09/2016 BFS RETAIL OPERATIONS LLC 663.50 340379 06/09/2016 CHILDCARE RESOURCES OF IRC INC 19,968.88 340380 06/09/2016 GOODYEAR AUTO SERVICE CENTER 1,591.96 340381 06/09/2016 BLAKESLEE SERVICES INC 710.00 340382 06/09/2016 BAKER & TAYLOR INC 4,607.80 340383 06/09/2016 BRANDTS APPLIANCE SERVICE INC 196.50 340384 06/09/2016 MIDWEST TAPE LLC 743.61 340385 06/09/2016 CENTRAL WINDOW OF VERO BEACH INC 75.00 340386 06/09/2016 CENTRAL WINDOW OF VERO BEACH INC 818.16 340387 06/09/2016 MWI CORP 3,366.84 340388 06/09/2016 MICROMARKETING LLC 421.54 340389 06/09/2016 BAKER DISTRIBUTING CO LLC 643.31 340390 06/09/2016 PALM TRUCK CENTERS INC 513.68 340391 06/09/2016 SOFTWARE HARDWARE INTEGRATION 311.00 340392 06/09/2016 SUNSHINE SAFETY COUNCIL INC 165.00 340393 06/09/2016 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 340394 06/09/2016 RIVER PARK ASSOCIATES 404.00 340395 06/09/2016 CLERK OF CIRCUIT COURT 33.01 340396 06/09/2016 CLERK OF CIRCUIT COURT 616.48 340397 06/09/2016 ROGER J NICOSIA 10,120.00 340398 06/09/2016 CITY OF VERO BEACH 12,599.41 340399 06/09/2016 CITY OF VERO BEACH 160.00 340400 06/09/2016 COMPBENEFITS COMPANY 126.00 340401 06/09/2016 COLONIAL LIFE & ACCIDENT INS CO 21.24 340402 06/09/2016 INDIAN RIVER ALL FAB INC 452.53 340403 06/09/2016 FLORIDA DEPARTMENT OF BUSINESS AND 1,125.00 340404 06/09/2016 JANITORIAL DEPOT OF AMERICA INC 1,284.00 340405 06/09/2016 HUMANE SOCIETY 26,190.00 340406 06/09/2016 PUBLIX SUPERMARKETS 155.90 340407 06/09/2016 PUBLIX SUPERMARKETS 68.35 340408 06/09/2016 MARRIOTT FT LAUDERDALE NORTH 470.00 340409 06/09/2016 GEAR FOR SPORTS INTL INC 115.79 340410 06/09/2016 IRC CHAMBER OF COMMERCE 6,095.58 340411 06/09/2016 FEDERAL EXPRESS CORP 84.30 340412 06/09/2016 MUNICIPAL CODE CORPORATION 544.78 340413 06/09/2016 FLORIDA FIRE CHIEFS ASSOCIATION 95.00 340414 06/09/2016 RIVERFRONT HOTEL LLC 169.00 340415 06/09/2016 RIVERFRONT HOTEL LLC 169.00 340416 06/09/2016 TIMOTHY ROSE CONTRACTING INC 137,980.51 340417 06/09/2016 JOHN KING 97.00 340418 06/09/2016 FLORIDA POWER AND LIGHT 39,328.79 340419 06/09/2016 FLORIDA POWER AND LIGHT 1,697.79 340420 06/09/2016 FLORIDA POWER AND LIGHT 1,040.36 340421 06/09/2016 OCEANSIDE TITLE & ESCROW 28.73 340422 06/09/2016 US KIDS GOLF LLC 2,317.26 340423 06/09/2016 KENDALL BLANCHARD , 11.96 340424 06/09/2016 JOSEPH A BAIRD 1,806.00 340425 06/09/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 25.00 340426 06/09/2016 B & H FOTO & ELECTRONICS CORP 1,799.98 340427 06/09/2016 FLORIDA STATE GOLF ASSOCIATION 177.00 340428 06/09/2016 BELA NAGY 158.65 340429 06/09/2016 ALAN C KAUFFMANN 65.00 340430 06/09/2016 DAVID HAYS PE 50.00 340431 06/09/2016 NAEMT 90.00 340432 06/09/2016 THE FLORIDA BAR 300.00 340433 06/09/2016 THE FLORIDA BAR 150.00 340434 06/09/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 122.96 340435 06/09/2016 IDEA GARDEN ADVERTISING 150.00 14 TRANS NBR DATE VENDOR AMOUNT 340436 06/09/2016 PINNACLE GROVE LTD 894.00 340437 06/09/2016 NATIONAL ASSOCIATION OF LEGAL ASSISTANTS INC 140.00 340438 06/09/2016 LELCO FB TALLAHASSEE LLL 87.00 340439 06/09/2016 LELCO FB TALLAHASSEE LLL 294.00 340440 06/09/2016 LELCO FB TALLAHASSEE LLL 294.00 340441 06/09/2016 GATOR'S SOD INC 400.00 340442 06/09/2016 SUNQUEST INC 521.00 340443 06/09/2016 THE PALMS AT VERO BEACH 536.00 340444 06/09/2016 MICHAEL QUIGLEY 30.00 340445 06/09/2016 RUSSELL PAYNE INC 222.39 340446 06/09/2016 CELICO PARTNERSHIP 120.03 340447 06/09/2016 ANIXTER INC 80.00 340448 06/09/2016 AARON LEVY 19.90 340449 06/09/2016 VAN WAL INC 720.00 340450 06/09/2016 THE SHERWIN WILLIAMS CO 323.60 340451 06/09/2016 MBV ENGINEERING INC 45,972.80 340452 06/09/2016 CENTRAL PUMP & SUPPLY INC 146.65 340453 06/09/2016 E W SIVER & ASSOCIATES INC 3,475.00 340454 06/09/2016 MICHAEL ZITO 150.37 340455 06/09/2016 STAPLES CONTRACT & COMMERCIAL INC 72.29 340456 06/09/2016 GARY L EMBREY 50.00 340457 06/09/2016 PETER OBRYAN 15.53 340458 06/09/2016 TARGET SAFETY.COM INC 26,445.00 340459 06/09/2016 JOHNNY B SMITH 22500 340460 06/09/2016 EDDIE MAE LESLIE 50.00 340461 06/09/2016 MOORE MEDICAL LLC 624.24 340462 06/09/2016 GLOBALSTAR USA 117.99 340463 06/09/2016 FISHER & PHILLIPS LLP 1,881.50 340464 06/09/2016 DYNAMIC AIR QUALITY & COOLING INC 479.13 340465 06/09/2016 CEMEX 693.00 340466 06/09/2016 FLUID CONTROL SPECIALTIES INC 4,157.00 340467 06/09/2016 TRADEWINDS POWER CORP 1,960.09 340468 06/09/2016 DANA SAFETY SUPPLY INC 330.08 340469 06/09/2016 K'S COMMERCIAL CLEANING 998.89 340470 06/09/2016 MAUI RIPPERS INC 825.15 340471 06/09/2016 TRITEL INC 49.50 340472 06/09/2016 WINSUPPLY OF VERO BEACH 561.11 340473 06/09/2016 RAINBOW GROUP LLC 458.20 340474 06/09/2016 ELIZABETH SMITH 50.00 340475 06/09/2016 TERVIS TUMBLER COMPANY 1,189.54 340476 06/09/2016 FISCHER, MAUREEN 23.02 340477 06/09/2016 DAILY DOSE CAFE 1,051.00 340478 06/09/2016 YAMAHA GOLF CAR COMPANY 1,174.34 340479 06/09/2016 INEOS NEW PLANET BIOENERGY LLC 29.92 340480 06/09/2016 WOERNER DEVELOPMENT INC 389.50 340481 06/09/2016 ATLANTIC COASTAL LAND TITLE CO LLC 300.00 340482 06/09/2016 LEB DEMOLITION & CONSULTING CONTRATORS INC 14,860.00 340483 06/09/2016 YOUR AQUA INSTRUCTOR LLC 110.00 340484 06/09/2016 OVERDRIVE INC 8,638.59 340485 06/09/2016 CIT FINANCE LLC 186.21 340486 06/09/2016 HF SCIENTIFIC INC 488.50 340487 06/09/2016 AUTOMATIONDIRECT.COM INC 42.50 340488 06/09/2016 VEROTOWN LLC 5,369.80 340489 06/09/2016 CITRIX ONLINE LLC 2,028.00 340490 06/09/2016 BORRELLI & PARTNERS INC 7,899.96 340491 06/09/2016 MOORE MOTORS 159.25 340492 06/09/2016 CLEAR VILLAGE INC 8,100.00 340493 06/09/2016 LINDA GRAHAM 270.00 340494 06/09/2016 REHMANN GROUP LLC 17,985.00 340495 06/09/2016 LOWES HOME CENTERS INC 2,380.28 15 TRANS NBR DATE VENDOR AMOUNT 340496 06/09/2016 LABOR READY SOUTHEAST INC 1,160.64 340497 06/09/2016 CARDINAL HEALTH 110 INC 17.98 340498 06/09/2016 EMILY K DIMATTEO 30.00 340499 06/09/2016 RIKSARKIVET 300.25 340500 06/09/2016 STEVEN G HANSEN 120.00 340501 06/09/2016 BURNETT LIME CO INC 6,407.80 340502 06/09/2016 MARIANNE RIKER 50.00 340503 06/09/2016 AQUA TURF INTERNATIONAL; DESIGN INC 7,500.00 340504 06/09/2016 COMMERCIAL BUILDING MAINTENANCE 1,643.00 340505 06/09/2016 PENGUIN RANDOM HOUSE LLC 330.00 340506 06/09/2016 BIRCHWOOD CASEY LLC 4,626.00 340507 06/09/2016 STEWART & STEVENSON FDDA LLC 1,373.00 340508 06/09/2016 WADE WILSON 50.00 340509 06/09/2016 BRUCE SABOL 20.00 340510 06/09/2016 RDW QUALITY BUILDERS LLC 7,443.00 340511 06/09/2016 EXTREME GOLF INC 443.50 340512 06/09/2016 FLORIDA ORGANIC AQUACULTURE LLC 54,666.68 340513 06/09/2016 THE LAW OFFICES OF 1,071.00 340514 06/09/2016 BERNARD EGAN & COMPANY 72,297.00 340515 06/09/2016 ZJH HOLDING LLC 636.17 340516 06/09/2016 AMERITAS 26,018.23 340517 06/09/2016 EAST COAST VETERINARY SERVICES LLC 220.00 340518 06/09/2016 SKECHERS USA INC 82.88 340519 06/09/2016 FOUNDATION FOR AFFORDABLE RENTAL 624.00 340520 06/09/2016 GIVING KIDZ A CHANCE INC 1,667 00 340521 06/09/2016 GIVING KIDZ A CHANCE INC 1,000.00 340522 06/09/2016 MASCHMEYER CONCRETE COMPANY OF FLORIDA 118.65 340523 06/09/2016 RELIANT FIRE SYSTEMS INC 170.00 340524 06/09/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 340525 06/09/2016 SYLIVIA MILLER 360.00 340526 - 06/09/2016 HAWKINS INC 1,754.50 340527 06/09/2016 LONGHORN LANDSCAPING AND SOD LLC 2,088.00 340528 06/09/2016 LINDA WALL 30.00 340529 06/09/2016 JOSEPH DIZONNO 75.00 340530 06/09/2016 GENUINE PARTS COMPANY 83.89 340531 06/09/2016 RED THE UNIFORM TAILOR 174.00 340532 06/09/2016 INNOVATIVE INTERFACES INC 4,500.00 340533 06/09/2016 CATHEDRAL CORPORATION 18,915.72 340534 06/09/2016 UNIFIRST CORPORATION 2,158.17 340535 06/09/2016 AMERICAN AIR LIQUIDE HOLDINGS INC 8,385.00 340536 06/09/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 862.27 340537 06/09/2016 SITEONE LANDSCAPE SUPPLY LLC 85.92 340538 06/09/2016 ADVANCE STORES COMPANY INCORPORATED 1,065.15 340539 06/09/2016 THE GIFFORD FLORIDA YOUTH ORCHESTRA 540.00 340540 06/09/2016 DENISE GILLESPIE 270.00 340541 06/09/2016 EGP DOCUMENT SOLUTIONS LLC 683.76 340542 06/09/2016 ALL SAFE INDUSTRIES INC 2,562.33 340543 06/09/2016 VERO HYDRAULICS 38.69 340544 06/09/2016 EASTERN PIPELINE CONSTRUCTION INC 2,675.00 340545 06/09/2016 SPRAY ON LINER OF BREVARD INC 650.00 340546 06/09/2016 SARAH GRADOLPH 30.00 340547 06/09/2016 MARK & CONNIE GOOD 53.50 340548 06/09/2016 AMY CHISHOLM 50.00 340549 06/09/2016 ROXANNE HARPER 50.00 340550 06/09/2016 TRISHA EUELL 50.00 340551 06/09/2016 VERONICA STRAUSER 50.00 340552 06/09/2016 CARLA COX 50.00 340553 06/09/2016 KATAYA WILLIAMS 50.00 340554 06/09/2016 VERONICA SIMPSON 50.00 340555 06/09/2016 NATALIA VERGARA 50.00 16 TRANS NBR DATE 340556 06/09/2016 340557 06/09/2016 340558 06/09/2016 Grand Total: VENDOR CRYSTAL BOOKER JOHN DANIEL MUMFORD VERO'S THUNDER ON THE BEACH AMOUNT 5000 445.00 150.00 1,194,875.50 17 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009129 06/03/2016 AT&T 121.76 1009130 06/03/2016 OFFICE DEPOT BSD CUSTOMER SVC 1,166.38 1009131 06/03/2016 CALLAWAY GOLF SALES COMPANY 945.20 1009132 06/03/2016 WASTE MANAGEMENT INC 974.85 1009133 06/03/2016 COMCAST 104.85 1009134 06/06/2016 AT&T 631.31 1009135 06/06/2016 EVERGLADES FARM EQUIPMENT CO INC 522.96 1009136 06/06/2016 COLD AIR DISTRIBUTORS WAREHOUSE 371 66 1009137 06/06/2016 INDIAN RIVER BATTERY 471.45 1009138 06/06/2016 MUMFORD LIBRARY BOOKS INC 977.11 1009139 06/06/2016 PLAYCORE HOLDINGS INC 26,399.53 1009140 06/06/2016 ALLIED UNIVERSAL CORP 14,632.33 1009141 06/06/2016 IRRIGATION CONSULTANTS UNLIMITED INC 1,063.09 1009142 06/06/2016 THE EXPEDITER 146.77 1009143 06/06/2016 HILL MANUFACTURING CO INC 1,655.11 1009144 06/06/2016 GROVE WELDERS INC 64.20 1009145 06/06/2016 SOUTHERN COMPUTER WAREHOUSE 57.08 1009146 06/06/2016 NEC CORPORATION OF AMERICA 742.50 1009147 06/06/2016 FERGUSON ENTERPRISES INC 70000 1009148 06/06/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 1,545.30 1009149 06/06/2016 COMPLETE ELECTRIC INC 76.00 1009150 06/06/2016 BARKER ELECTRIC, AIR CONDITIONING 2,250.00 1009151 06/06/2016 ESRI INC 1,605.00 1009152 06/06/2016 THOMPSON TRACTOR 16.76 1009153 06/06/2016 MIDWEST MOTOR SUPPLY CO 1,108.84 1009154 06/06/2016 CAPITAL OFFICE PRODUCTS 142.26 1009155 06/06/2016 METRO FIRE PROTECTION SERVICES INC 5,777.41 1009156 06/06/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 150.50 1009157 06/06/2016 BENNETT AUTO SUPPLY INC 142.76 1009158 06/06/2016 AUTO PARTNERS LLC 442.08 1009159 06/06/2016 L&L DISTRIBUTORS 5,470.41 1009160 06/06/2016 HYDRA SERVICE (S) INC 4,598.00 1009161 06/06/2016 PACE ANALYTICAL SERVICES INC 9,110.00 1009162 06/06/2016 FPS OFFICE SOLUTIONS LLC 490.27 1009163 06/07/2016 OFFICE DEPOT BSD CUSTOMER SVC 93.55 1009164 06/07/2016 WASTE MANAGEMENT INC 1,605.66 Grand Total: 86,372.94 [E:3 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4378 06/03/2016 WAGEWORKS INC 73.92 4379 06/03/2016 ICMA RETIREMENT CORPORATION 2_300.00 4380 06/03/2016 IRC FIRE FIGHTERS ASSOC 6.510.00 4381 06/03/2016 FLORIDA LEAGUE OF CITIES. INC 9.777 04 4382 06/03/2016 NACO/SOUTHEAST 778.43 4383 06/03/2016 NACO/SOUTHEAST 42.050.73 4384 06/03/2016 ICM.A RETIREMENT CORPORATION 11:615.25 4385 06/03/2016 C E R SIGNATURE CLEANING 16.010.00 4386 06/03/2016 KIMLEY HORN & ASSOC INC 25.335.31 4387 06/03/2016 FL RETIREMENT SYSTEM 472.160 66 4388 06/03/2016 FL SDU 5.391 00 4389 06/03/2016 AMERICAN FAMILY LIFE ASSURANCE CO 18,725 12 4390 06/03/2016 BENEFITS WORKSHOP 9.704 78 4391 06/06/2016 IRS -PAYROLL TAXES 406:419.20 4392 06/07/2016 MUTUAL OF OMAHA 6:688.48 4393 06/08/2016 ALLSTATE 35662 P -CARD 06/08/2016 WELLS FARGO BANK, N.A. 33.305 91 4394 06/09/2016 SENIOR RESOURCE ASSOCIATION 263.964 74 Grand Total: 1,331,167.19 19 Dylan Reingold, County Attorney William K. DeBraal. Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney OfC2 Of Consent 0612112016 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard Szpyrka, Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: June 13, 2016 ATTORNEY SUBJECT: Extension of Lease with Boys and Girls Club of Indian River County, Inc. The Boys and Girls Club of Indian River County, Inc. (Boys and Girls Club) operates one of their three facilities at 1729 17th Street, Vero Beach. This location is east of St. Francis Manor, north of the old County Jail site (former Vero Beach Recreation Building) and west of the Citrus Bowl parking lot. This is a County owned parcel leased to the Boys and Girls Club for a 50 year term, which commenced on September 1, 2008 for $1.00 per year. The parties entered into a First Lease Amendment and Modification (First Amendment) on June 4, 2013, which added a portion of the old jail site to the original lease. The additional property brings the area now covered by the lease to 3 64 acres. The terms of the First Amendment called for the Boys and Girls Club to "...construct improvements for meaningful use..." of the property "...consistent with the mission of the Boys and Girls Club..." The Boys and Girls Club complied with the terms of the First Amendment by demolishing the old jail structures and constructing a 14,000 square foot (under air) athletic and performing arts facility together with an outdoor recreation area. The ribbon cutting ceremony for the new facility was held on April 13, 2016. The cost of the improvements totaled $4 million, all raised from private donations. The Boys and Girls Club has approached the County Administrator about extending their lease to 99 years, stating that a longer lease term will facilitate more favorable grant funds and donations. A letter from Elizabeth Thomason, Executive Director of the Boys and Girls Club, requesting the lease extension is attached to this memorandum with the proposed lease extension Staff has no objection to extending the lease term to August 31, 2107. Funding. There is no funding impacted by the proposed lease extension. Recommendation. Staff recommends that the Board of County Commissioners approve the request for the lease extension with the Boys and Girls Club until August 31, 2107 and authorize the Chairman to execute the extension on behalf of the Board. cc: Elizabeth Thomason, Boys and Girls Club RO` ED FOR ' B C.0 MEETING - CONSENT A = ' SDA COUNTY ATTOR-NEY Indian River Co. Approved Date Admin. Co. Atty. BudgetVIA LS 4 Dept. 6 ♦ /6 RisR Mgr. �v 20 .\ CUPI' 01 rHE Of'FtCl.1t. RlitilSllL\"1'10\ 1={;HI I i=-11 \ND FINANCIAL I\FOR\IA rION MAY RE OR rAINED FROM *1 HF DIVISION OF COCSI.1\IER SERVICES nl CALLI"G f01.1.: FNP.F; 14iW) �a.'7<i U Il'111N'rllE 5iA FE REGISTRA"r10\ DOES tiO1' 1\IPL\ I:NrwRSE\IE\ 1 1PPR0\ .\L.OR RECO\t\IERDA'r10\ R\- 1'iIG STATE. i E 21 Indian River County MAR 16 2016 BOYS & GIRLS CLUBS March 14, 2016 office :;f the OF INDIAN RIVER COUNTY County i;rlTllnistretor Mr. Joseph A. Baird Board of Directors Countv Administrator 1801 27`h Street Sherman Hotchkiss Co-Chatrman Vero Beach, FL 32960-3388 Bill Munn Co -Chairman Dear Mr. Baird, Robert Bauchman rroasurer Thanks to your support of our mission and vision.. we are nearing completion of the Virginia Powers Vero Beach Club expansion. Secretary As you may recall, the original 50 year lease began on September 1, 2008 when we Harry Arnold Sherry Ann Dayton constructed the building located at 1729 17t11 Ave. On June 4, 2013 the lease was Sam DiFeo property amended to add the p p erty located next door at 1725 17t' Ave. This lease ends Steve Dubord on August 31, 2058. Mary Grimm Bruce Hammonds As we near completion of the project (an additional 14,000 sq. ft. under air), we Sandra Johnson anticipate serving over 100 more children in the county and enhancing the club Roger Lynch experience of current members. As an organization, we expect to be a resource for Wilson McKane the county's children for many, many more years to come. Joe Pappalardo Rod Parker Jerry Sheehan Considering the improvements made, at no expense to the taxpayers, we Dan Somers respectfully ask that the lease be extended to 99 years. Often times, donors and John Spooner grantors express concern about the length of the lease given the immense capital Christine Talbot investment and improvements. We feel that a 99 year lease will enable us to Jay McNamara compete more favorably for grant funds and donations. Chairman Emeritus Elizabeth Thomason Thank you for your consideration of this request- but mostly. thank you for your Executive Director support of our organization for the past 16 years. Boys & Girls Clubs We welcome the opportunity to meet with you to discuss further. of Indian River County Inc. 1729 1711 Avenue Vero Beach, FL 32960 For Our Kids, Tel 772-299.7449 Fax 772-299-3840 www.BGCIRC.org f U Elizabeth L. Thomason Executive Director "°• CNItDAEM9 '` S CES (' COMM Cc. Sherman Hotchkiss, Co -Chairman of the Board William Munn. Co -Chairman of the Board .\ CUPI' 01 rHE Of'FtCl.1t. RlitilSllL\"1'10\ 1={;HI I i=-11 \ND FINANCIAL I\FOR\IA rION MAY RE OR rAINED FROM *1 HF DIVISION OF COCSI.1\IER SERVICES nl CALLI"G f01.1.: FNP.F; 14iW) �a.'7<i U Il'111N'rllE 5iA FE REGISTRA"r10\ DOES tiO1' 1\IPL\ I:NrwRSE\IE\ 1 1PPR0\ .\L.OR RECO\t\IERDA'r10\ R\- 1'iIG STATE. i E 21 SECOND LEASE AMENDMENT AND MODIFICATION FOR BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC. THIS SECOND LEASE AMENDMENT AND MODIFICATION ("Second Amendment") is entered into this 21st day of June, 2016 ("Effective Date"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation, 1729 171h Avenue, Vero Beach, FL 32960 ("Tenant"). BACKGROUND RECITALS WHEREAS, the County and Tenant (the Parties) entered into a fifty (50) year Lease Agreement (Lease) on September 1, 2008; and WHEREAS, on June 4, 2013, the parties Executed a First Lease Amendment and Modification to include an additional adjacent parcel of property known as the Old Jail Site Parcel; and WHEREAS, the Tenant demolished the old jail building and constructed a new, 14,000 square foot athletic and performing arts facility on the old jail site; and WHEREAS, the Tenant completed the new project with private donations and not taxpayer dollars; and WHEREAS, in light of the improvements made to the property and the benefits flowing to the youth of Indian River County, the Tenant seeks to extend their existing lease from 50 years to 99 years so as to bolster fundraising opportunities and increase chances of grant approvals; and WHEREAS, the Indian River County Board of County Commissioners finds that use of public lands by the Boys and Girls Club of Indian River County, Inc. constitutes a public use and benefit. NOW, THEREFORE, upon the good and valuable consideration set forth herein, the Lease Agreement dated September 1, 2008 and First Amendment dated June 4, 2013, is hereby Amended and Modified as followed: A. The term of the Lease Agreement dated September 1, 2008, and First Amendment Dated June 4, 2013 is hereby amended and modified to expire August 31, 2107. B. All other terms of the Lease Agreement and First Amendment shall remain unchanged and in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK 1 22 IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Second Lease Amendment and Modification upon the terms and conditions above stated on the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court And Comptroller Deputy Clerk Attest: Corporate Secretary [seal] BY: Elizabeth Thomason Executive Director INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman Approved: Joseph A. Baird County Administrator Approved as to form and legal sufficiency: e4k. a" William K. DeBraal Deputy County Attorney BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation William Munn Chairman 2 23 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY INTEREST SECOND LEASE AMENDMENT AND MODIFICATION WITH THE BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., FOR COUNTY OWNED PROPERTY. WHEREAS, the Boys and Girls Club of Indian River County, Inc. ("Boys and Girls Club"), and the Board of County Commissioners entered into a Lease Agreement for County -owned property at 1729 17th Avenue, Vero Beach, FL, on September 1, 2008, for a term of 50 -years at a rate of $1.00 per year for use as a center for their various programs; and WHEREAS, the Boys and Girls Club requested that the Board of County Commissioners consider leasing certain County -owned property at 1725 17th Avenue, Vero Beach, Vero Beach, FL, commonly known as the Old County jail Site ("Property") to the Boys and Girls Club for use as a recreation area for their program participants; and WHEREAS, in April 2016, the Boys and Girls Club opened a new 14,000 square foot athletic and performing arts facility on the old jail site build entirely through private donations; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, the Boys and Girls Club is a Florida non-profit corporation and a corporation organized exclusively for charitable and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board finds that the Property is not needed for County purposes and that the Boys and Girls Club has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The Board approves, and authorizes the Chairman to execute a Second Lease Amendment and Modification between the Board and the Boys and Girls Club, amending and modifying the term of lease from 50 years to 99 years, new date of expiration, August 31, 2107; 3. The Second Lease Amendment and Modification is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. 24 RESOLUTION NO. 2016 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 21t'' day of June, 2016. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS 20 Deputy Clerk Approved as to form and legal sufficiency: J#"/- W William K. DeBraal Deputy County Attorney 2 Bob Solari, Chairman 25 etl-' Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski ` l,'c Director, Office of Management & Budget Date: June 13, 2016 Subject: Miscellaneous Budget Amendment 020 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On April 12, 2016 the Board of County Commissioners approved the purchase of five E911 Call -Taking Voice Recorders in the amount of $65,006 from Higher Ground, Inc. The attached entry appropriates this funding from 911 Surcharge Fund/Cash Forward Oct 1St 2. Repairs to a bridge at Sandridge Golf Course have become necessary. The attached entry appropriates funding in the amount of $26,500 from Golf Course/Cash Forward Oct 1St 3. A retirement event was held at Historic Dodgertown for the long term County Administrator. The attached entry appropriates funding in the amount of $5,800 from General Fund/Cash Forward Oct 1St 4. Legal Services in the Human Resources Department are higher than originally anticipated. The attached entry appropriates funding in the amount of $20,000 from General Fund/Cash Forward Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 020 and Resolution APPROVED AGENDA ITEM: BY: '4 A� Jos h A. Baird County Administrator FOR: June 21 2016 Indian River County Appfeyed Date Administrator -1 -I Legal _ Budget Department Risk Mana ement 26 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of 12016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller In Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY OUNTY ATTORNEY 27 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Budget Amendment: 020 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue 911 Surcharge Fund/Non-Revenue/Cash Forward Oct 1st 120039-389040 $65,006 $0 Expense 911 Surcharge Fund/Communication Center/EDP Equipment 12013325-066470 $65,006 $0 2. Revenue Golf Course/Non-Revenue/Cash Forward Oct 1st 418039-389040 $26,500 $0 Expense Sandridge Colf Course/Golf Maintenance/Gold Renewal & Replacement 41822172-044698 $26,500 $0 3. Revenue ,General-Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $5,800 $0 Expense General Fund/BCC/Other Professional Services 00110111-033190 $5,800 $0 4. Revenue General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $20,000 $0 Expense General Fund/Human Resources/Legal Services • 00120313-033110 $20,000 $0 28 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Enginee SUBJECT: FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature 8th Street Sidewalk Improvements from 58th Avenue to 21St Court FM No. 431733-1-58/68-01 DATE: June 7, 2016 DESCRIPTION AND CONDITIONS Indian River County has been awarded a $455,243.00 Florida Department of Transportation (FDOT) Local Agency Program (LAP) Grant for the construction of a 5 -foot wide concrete sidewalk and minor drainage modifications along the north side of 8`h Street from 58th Avenue to 21" Court, a length of approximately 2.449 miles. Also included in the grant amount are Construction, Engineering and Inspection (CEI) services. This project is scheduled to be advertised October 2016 and must be completed by June 30, 2018. The FDOT has requested Indian River County execute and deliver to the FDOT the attached Agreement as well as a Resolution authorizing the Board of County Commissioners to execute this Local Agency Program Agreement. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of $455,243.00. The Engineering Division estimates the total cost for the construction and CEI charges to be approximately $530,766.00. Funding is budgeted and available from Optional Sales Tax Account No. 31521441-066510-13006, 8" Street Sidewalk (58th Avenue to 21" Court). Matching funds in the amount of $75,523.00 will be required. F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\1049_8TH ST SIDEWALK IMPROVEMENTS (58TH AVE TO 21ST COURT)\ADMIM\AGENDA 29 ITEMS\BCC FDOT CO LAP AGREEMENT AND RESOLUTION MEMO 6-21-2016.DOC Page Two FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature For June 21, 2016 BCC Agenda RECOMMENDATION Staff recommends approval of the Local Agency Program (LAP) Agreement FM No. 431733-1- 58/68-01 and recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS 1. IRC Grant Form 2. Authorizing Resolution 3. FDOT Local Agency Program (LAP) Agreement No. 431733-1-58/68-01 DISTRIBUTION Florida Department of Transportation APPROVED AGENDA ITEM FOR _Tune 21, 2016,Q B Indian River Countv Approve Date Administration Budget Legal Public Works 6413/2' GY,6 Engineering ll(, FA F•\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\1049_9TH ST SIDEWALK IMPROVEMENTS (58TH AVE TO 21ST COURT)\ADMIM\AGENDA 30 ITEMS\BCC FOOT CO LAP AGREEMENT AND RESOLUTION MEMO 6-21-2016.DOC I GRANT NAME. FDOT LAP 8' Street Sidewalk (58`x' Ave to 21" Court) GRANT # 431733-1-58/68-01 AMOUNT OF GRANT: $455,243.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis, P.E.. PMP County Engineer TELEPHONE: (772) 226-1931 1. How long is the grant for? Until June 30, 2018 Starting Date: Letting Date prior to 11/4/2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 14.236% 5 Grant match amount required X75,593 nn 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is -the estimated cost of the grant to the county over five years? 751521 nn ------- -- - Grant Amount Other Match Costs Not Covered Match Total First Year $455,24300 $ $ 75,523.00 $ 530,766.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 31 RESOLUTION NO. 2016- RESO TI OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FL IDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT FOR CONSTRUCTION OF A 5 -FOOT WIDE CONCRETE SIDEWALK AND MINOR DRAINAGE MODIFICATIONS ALONG THE NORTH SIDE OF 8TH STREET FROM 58TH AVENUE TO 21ST COURT. WHEREAS, the construction of a sidewalk and minor drainage modifications along the north side of 8th Street from 58th Avenue to 2111 Court is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of sidewalks and minor drainage modifications along the north side of 8th Street from 58th Avenue to 2111 Court under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project; 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, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc who moved its and, upon being put to a vote, The Chairman thereupon declared the resolution passed and adopted this day of 2016. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk r A Dp01V as to Vqrm a d Le Sufficiency ,[ _Dylan Reingol , County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 21st Court)\Admim\agenda items\Resolution LAP Agreement 6-21- 32 2016.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0IP40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OCC_ 08/15 Page 1 of 15 FPN: 431733-1-58/68-01 Fund: TALT FLAIR Approp: Federal No: SRTS-254-A Org Code: 55043010404 FLAIR Obj: _ FPN: Federal No: FPN: Federal No: Fund: _ Org Code: Fund: Org Code: FLAIR Approp: FLAIR Obj: _ FLAIR Approp: FLAIR Obj: _ County No:88 Contract No: Vendor No: F-596000673026 FDOT Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 079208989 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into this day of between the State of Florida, Department of Transportation, an agency of the State of Florida ("Department"), and Indian River Countv ("Agency"). NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: 1. Authority: The Agency, by Resolution No. dated the day of , 20_, a copy of which is attached as Exhibit "F" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in 8'h St Sidewalk Improvements from 581' Ave. to 2111 Ct, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which -the Project -will -be -undertaken -and -completed.-- -- -- — 3. Term of Agreement: The.Agency agrees to complete the Project on or before June 30, 2018. If the Agency does not complete the Project within this time 'period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement Expiration of this Agreement will be considered termination of the Project The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department 4. Project Cost: A. The total cost of the Project is $ 530.766.00. This amount is based upon the schedule of funding in Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 5.1. B. The Department agrees to participate in the Project cost up to the maximum amount of $455.243.00 and as more fully described in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: I. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in subparagraphs 51. and 5.M. of this Agreement; 33 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.OID40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-Dan 5 Pape 2 of 15 iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments: A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit W. B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit W. Deliverables must be received and accepted in writing by the Departments Project Manager prior to payments. C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be bome by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. D. Supporting documentation must establish that the deliverables _were.received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit °A° was met E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Departments Contractor (rave Form -No.-100-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreements term. G. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Departments receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment 34 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"1040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08!15 Pepe 3 of 15 Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. H. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ('LAP*) Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done--under-any-agreement which-ithas-w-ith-the�4gency-owing-such-amount-if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department K. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project Invoices submitted after the 120 -day time period may not be paid. L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: 'The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts 35 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08/15 Pape 4 of 18 of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if. A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; B. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in theJatest_approv_ed-schedute-of-funding_in Exhi 'bit°R_ B" for_the-Projectcosts-agreed tree borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department 7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this Agreement Time is of the essence as to each and every obligation under this Agreement. A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; fl. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525410.40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGF W15 Pepe 5 of 15 vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and consultant staff at all stages of the Project. B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the 'FHWA" removing any unbilled funding or the loss of State appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Agency for future LAP Projects. No cost may be incurred under this Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. C. If all funds are removed from the Project, iricludirig amounts previously billed to the Department and reimbursed to the Agency, and the -Project is off_the.state.highway.system, then the Department will -have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit °G°, State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Agency to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. G. Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-070-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGc- 08175 Pape 6 of 15 H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. - - -B.- The Agency,— - --- - - - ------------------- ---- - anon -federal -entity -as defined -by -OMB -Circular A='133, -for fiscal years beginning before December 26,-2014, and as defined. by 2 CFR Part.200, Subpart F - Audit Requirements,- for fiscal years beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: 1. In the event the Agency expends a total amount of federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a federal single or program - specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit "1", Federal Financial Assistance (Single Audit Act) to this Agreement provides the required federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining federal awards expended in a fiscal year, the Agency must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-MDAO LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08115 Page 7 of 15 iii. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAuditCaadot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httos://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26,2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part Audit_Requirements, forfiscal.years-beginning on. or after_ December -26, -2014, - and this Agreement--However,-the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAuditCcDdot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26. 2014. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to Agency's records including financial statements, the independent auditor's working papers and project records as necessary. 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01D-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGr 08M5 Pepe 8 of 15 Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSinoleAudd(cDdot.state fl us C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall _ notify the Agency of the deficiency in writing.with_a-requirement that the-deficiency._be_corrected_.within_____________-... — - — - ----. ----=thirty=(30)-days-of-such--notice---Such notice shall -provide yea"sonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not. corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.6. below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and exn nCPS incuaed ' by the Department in correcting the deficiency. B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress on Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub -contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement unless the records are exempt. E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The 40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08115 Pape 9 of 15 closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 10. Contracts of the Agency: A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. B. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act C. The Agency shall comply with, and require is consultants and contractors to comply with applicable federal law pertaining to the_use-of Fede_ ral-aid.funds._-The Agency_shall_comply=with the_provisions in -the- -- -- - - ----- - — — --- - -- - - - - - - --------FHWA-1273-formas sefforth in Ezhibif "C', -FHWA 1273 -attached to and incorporated in this Agreement The Agency shall include FHWA-1273 in all contracts with consultants avid contractors performing work on the Project 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26- as amended- shall have the opportunity to -participate in the performance of contracts financed in whole or in part with Department funds under this Agreement The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. - - - - - - The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,' in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with '41 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- OaI15 Page 10 of 15 minimal District involvement/oversight A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvementloversight B. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include the attached Exhibit `E', Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public_entity; may not be awarded .or . --� --- - -- -- — perform -work -as -a -contractor; supplier,-subcontractor-or-consuftant-under a-contract-with—a-any public entity; - and may not transact business with any public entity. in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list D. In accordance with Section 287.134, Florida Statutes an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a _ _bid on_a_contract to.provide goods or services to a public entity; -may not_submit.a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." 42 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-016<0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08115 Pape 11 of 15 The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. G. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement The Agency guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/subconsultants who perform work in connection with this Agreement: 'To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of this - - ----- -- Contract - --- - This indemnification. shall survive the termination of this Contract Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. To the fullest extent permitted by law the Agpncy'c consultant shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, 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 consultant and persons employed or utilized by the consultant in the performance of this Contract. This indemnification shall survive the termination of this Contract Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity.' B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement The Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Miscellaneous Provisions: i 43 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— OBh s Pape 12 of 15 A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any -bonus or commission- for- the .purpose_ of obtaining -an approval of -its .application. for the .financing___ --------------------- -- — --- - --- -- - -- - — — -- — -- -... - -- -- -- - — - - — ---- - --------hereunder.------ ------ F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modificafions may he made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project - - - - -- --- G. - G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. J. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative 1 44 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-0Bn 5 Pepe 13 of 15 agreement If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project L. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement - - - - N... -.The Agency:.--..-.- - - - --- - - - - - - - - - - - - - - - - - I. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and li. shall expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - en system to verity the employment eligibility o all new employees hired by the subcontractor during_the contract term. O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits i. Exhibit "A", Project Description and Responsibilities, is attached and incorporated into this Agreement ii. Exhibit "B", Schedule of Funding, is attached and incorporated into this Agreement. iii. ® If this Project includes Phase 58 (construction) activities, then Exhibit °C", FHWA FORM 1273, is attached and incorporated into this Agreement 45 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"IDAD LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-oen5 Pape 14 of 15 iv. ❑ An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this Project, then Exhibit "D", Alternative Pay Method, is attached and incorporated into this Agreement. v. Exhibit "E", Title VI Assurances is attached and incorporated into this Agreement. vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and incorporated into this Agreement. vii. ❑ State Funds are used on this Project If State Funds are used on this Project, then Exhibit "G", State Funds Addendum, is attached and incorporated into this Agreement. viii. ❑ This Project is located off the State Highway System and includes funding for landscaping. If this Project is located off the State Highway System and includes funding for landscaping, then Exhibit Vis attached and incorporated into this Agreement. ix. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement x. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "RL" is attached and incorporated into this Agreement xi. ❑ This Project includes- funding for traffic signals and/or traffic signal systems. If this Project includes funding_for traffic signals, and/or_.traffic-signals--systems, Exhibit_77 is attached -and- - - - - - incorporated into this Agreement: xii. Exhibit "'I", Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement. xiii. ❑ State Funds are used on this Prou ject- If State Funds are used on this Project, then Exhibit'22, State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this The remainder of this page intentionally /eR blank. 46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01D40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT oca 08MS Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. AGENCY Indian River County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY. By: Name: Bob Solari Title: Chairman Attest Tide: APPROVED AS T0 FOR;"! AN C "Y ay. Name: Stacy L. Miller, P.E. Title: Director of Transportation Development Legal Review: '47 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT occ-OSMS Pape 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES F P N: 431733-1-58/68-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Indian River Countv PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 2.449 Miles - ---- .PROJECT DESCRIPTION: 8w St =Sidewalk Improvements from.58� Ave. to 21st Ct. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the ,were applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and -- the funding action -from any-otherso-urce-with-respect-to the proiecU- The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . b) Design to be completed by WA c) Right -of -Way requirements identified and provided to the Department by N/A d) Right -of -Way to be certified prior to advertising for construction (All Phase 58 LAPS) e) Construction contract to be let by 11/04/2016 . f) Construction to be completed by 6/30/2018. If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A 48 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01D4o8 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMMANGEMFM OGC -08/15 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 431733-1-58/68-01 Indian River County 1801 27th St. Vero Beach, FL. 32960 The Departments fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 49 FUNDING TYPE OF WORK B Fiscal Year TOTAL PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS Planning -18 FY: FY: FY: Total Planning Cost Project Development S Environment (PDBE) - 28 FY: FY: Total PDBE Cost Design - 38 FY: FY: - - FY: Total Design Cost Right -of -Way - 48 FY: — FY: -- — — — TotalRight-of-Way Cost Construction -58 FY: 2017 $406.467.00 $406.467.00 FY: 2017 $72.788.00 $72,788.00 FY: FY: Total Construction Cost $479,255.00 $72,788.00 $406,467.00 Construction Engineering and Inspection (CEI) - 68 FY: 2017 $48 ,776.00 $48,776.00 FY: 2017 2 7 .00 2 735 ��---,00 FY: Total CEI Cost $51,511.00 $2,735.00 $48,776.00 Aerations — 88 FY: FY: FY: _ Total Operations Costs TOTAL COST OF THE PROJECT $530,766.00 $75,523.DD $455,243.00 The Departments fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 49 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.400 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC_ 08115 Page 1 of 1 EXHIBIT "C" FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC — COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department's website at the following URL address: htty://www.fhwa.dot.gov/programadmin/contracts/1273/1273 pdf Sub -recipients of federal grants awards for Federal -Aid Highway construction shall take responsibility.to.obtain this information and comply witfi-alTprovisions-contained in FHWA=- 1273. 50 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General It. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX Implementation of Clean Air Act and Federal Water Pollution Control Ad X Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts ([included in.Appalachian contracts only) --- -- -_ .I. GENERAL FHWA-1273- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension Jr debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor. During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by Convicts who are on parole. supervised release, or probation. The term Federal -aid highway does not include roadways functionally classed as local roads or rural minor collectors. 11. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all -related construction subcontracts: of $10,000 or.more:_ The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply 1. Forth FMA -1273 must be physically incorporated in each with the following po5cies: Exacudve Order 11246, 41 CFR 60, construction contract funded under Title 23 (excluding 29 CFR 1625-1627, Title 23 USC Section 140, the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Tide VI mritrarlor (or slibcorAr2dor) must;nseFt this term in each of theeivil Rigl its FUA 01 1 E154, as amended. and related subcontract and further require Its inclusion in all lower der regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR -- subcontracts (excluding purchase orders, rental afl_reements Parta_M230,-and633. aia other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in an subcontracts and in lower der subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, ower -tier subcontractor or service provider. Contracting agencies may reference Forth FHWA-1273 in bid Proposal or request for proposal documents, however, the Forth FHWA-1273 must be physically incorporated (not referenced) In all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a contrition contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontracL The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contrails exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Tide 23 USC Section 140, the Rehabilitation Ad of 1973, as amended (29 USC 794), and Title VI of the Civ? Rights Ad of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A. with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 51 this contrail The provisions of the Americans with Disabilities Ad of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contrail. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract b. The contractor will accept as its operating policy the following statement: 'It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other fortes of compensation; and selection for training, Including apprenticeship, pre -apprenticeship, and/or on-the- job training.' 2 EEO Officer. The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and. promoting.an.active EEO program -and who - - -mustbe assigned adequate auttwrity and responsibifity to Co - so. 4. Recruitment When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer.' All such advertisements will be placed in publications having a large circulation among minorities and woman in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor Is expected to observe the provisions of that agreement to the extent that the system meets the contractors compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment _Information and procedures:with regard.to referring sucfi== -_ applicants will be discussed with employees. - "-- 5. Personnel Actions: Wages, working conditions, and 3. Dissemination of Policy: All members of the contractor's employee benefits shall tre established and administered, and staff who are author zed to hire, supervisepnNniite,-and- _-- - personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action, or who promotion, transfer, demotion, layoff, and termination, shall be are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, national eo owing ores shall be and contractual responsibilities to provide EEO in each grade followed: _ and classification of employment To ensure -that -the -above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will PrOmPtiy take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 52 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training Is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and Promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shag not discriminate on the grounds of nice, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lesson; of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. T. Unions: If the contractor relies in whole or in part upon 10. Assurance Required by 49 CFR 26.13(b): unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. Actions by DOTs U.S. DOT -approved DBE program are incorporated by reference. the contractor, either directly or through a contractor's _. _ _..- • -. " --- association a'cting—include he. Procedures.- baaw - - " ""b: The.contractor-or. suboontraciot shl nfdiscriminfam the basis of race. color, national origin, or sex in the - --- --_ ." -- -- a:"The contractor will use good faith efforts to develop, in Performance of this contract -The contractor shall cant' out - applicable requirements of 49 CFR Part 26 in the award - cooperation with the unions, joint training programs aimed___ tovra"rd quafitying more minorities and women for membership and __administration of DOT -assisted oontracs. Failure.by.the-- ---- - contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. of this contract, which may result in the termination of this contract or such other remedy as the contracting agency b. The contractor will use good faith efforts to Incorporate an deems appmpna . - EEQrlausein 10-the-end-4hat- union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or dor st all -keep -such records as necessary to document compliance with the EEO requirements. disability. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all tra t c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable fknv of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar con c work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the Wowing: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Fore FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 53 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. 111. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractors obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The term *facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas. transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. -- "- -' - IV.- DAV►S-BACON AND REI.ATEO ACT PROVISIONS - - This section is applicable to all Federal -aid construction Of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rales conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and _----- . _-- • projects exceeding. $2,000 and to all related subcontracts and -- lower -tier subcontracts (regardless of subcontract size). The (ii) The classification is utilized in the area by the requirements apply to all projects located within the right -of- construction industry; and way of a roadway that is functionaBy classified as Fpdpraiaid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. (iii) The proposed curage rate, including any bona fide Conti g -agencies -may elec o apply these requirements to fringe benefitsTbears-a-remm—able relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters' with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Copeland Act (29 CFR pari 3)) the full amount of wages and bora fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rete (including the amount designated for fringe benefits where appropriate), a report of the action taken shag be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve. modify, or disapprove every additional classification anion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 54 will notify the contracting officer within the 3D -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs t.b.(2) or 1-b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. Bacon Act, the contractor shall maintain recoids which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls t writte the contracting agency. The payrolls submitted shall set out0 d. If the contractor does not make payments to a trustee or accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full Other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs social security numbers and horse addresses shall not be included reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee of Labor has found, upon the written request of the contractor, e.g. , the last four digits of the employee's social security number). There required wee ) q weekly mfortnaWn that thea applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor pati may be submitted in any forth desired. Optional Form WH -347 Is to set aside in a separate account assets for the meeting of available for this purpose from the Wage and Hour Division Web site at htip:/Awww.dol-gov/esatwhdlformsAvh347instr.htm obligations under the plan or program. or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. -- _ _-_-- --- ----2.Withholding.-----------------_------___--- ---- --.CorFgactorsand_su¢-wntractorsshall maintain -the full Social- - ------------------------ - - -- -- - - �— - -- ---- . --- - - - - - --- -- -- - - -- _ -security number and-current-addiess-s of mach covered worker, --- -- -- - - -- - The contrectin g agency shall -upon its own action or upon- and shall provide them upon request to the contracting agency for transmission to the State-DOT,'the FHWA-or the Wage olid - - written request of an authorized representative of the Department of -Labor. -withhold -or cause to be -withheld from- - --- Hour Division of the Department of Labor for purposes of an investigatiomoraudit of compliiance ---------- the contractor under this oontracL or any other Federal contract with the same prime contractor, or any federally- with-prevaling wage requirements. It is not a violation of this section for a prime other assisted contract subject to Davis -Bacon prevailing wage contractor to require a subcontractor to provide addresses and curial ser idly ^-umbers to the requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be prime santraelef feu rts-ow records, without weekly submission to the contracting agency.. conside.ed-r saryto-paylabe7er�andmechanics, Including apprentices, trainees, and helpers, employed by the (2) Each payroll y�l submitted shall be aarom ponied by a 'Statement contractor or any subcontractor the full amount of wages of Co Compliance," signed by the contractor or required by the contract. In the event of failure to pay any subcontractor or his or her agent who pays or supervises the laborer or mechanic, Including any apprentice, trainee, or payment of the persons employed under the contract and shall helper, employed or working on the site of the work, all or part certify the following: of the wages required by the contract, the contracting agency M. R. Y. a r n notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics wonting at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (nciuding rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(bx2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5(ax1 )Cv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated In providing benefits under a plan or program described in section 1(b)(2XB) of the Davis - (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(H) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (ax3)() of Regulations, 29 CFR part 5, and that such information is torted and complete; (j) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contrail 55 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH --347 shall satisfy the requirement for submission of the 'Statement of Compliance' required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United Slates Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be Permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and Individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. a. Apprentices (programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be - - greater -than -permitted -under the -plan approved by the------- he---•---Apprentices Apprenticeswill be permitted to work at less than the Employment and Training Administration. --------predetermined rate for the work they performed when they are --- --- -- —-------- ` - --- -- — --- - - — ----- --- - - employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of Labor- Employment and Training Administration Office of in the approved program for the trainee's level of progress, Apprenticeship Training, Employer and Labor Services, or with expressed as apereentege of the jomrteyman 010rt y sate specified in the applicable wage determination. Trainees shall a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefitsjdaccordanra with the Provisions of th person is em m is or Fier first 90 days of probationary employment as an apprentice in such an apprenticeship trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe program, who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the Apprenticeship Agency (where appropriate) to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices. Any employee fisted on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work fore under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site to excess of the natio permitted under the registered program shall be paid not Less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 56 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terns of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor shall insert Forth FHWA-1273 in any subcontracts and also require the subcontractors to include Forth FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federalaid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shag be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. I. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shag require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firth who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firth ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 3. Withholding for unpaid wages and liquidated damages. The FMA or the contacting agency shag upon its own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shag insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shag be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 57 2. Violation; liability for unpaid wages; liquidated 7. Contract termination: debarment A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph (1.) of this section, the contractor and any of the contract, and for debarment as a contractor and a subcontractor responsible therefor shag be liable for the -----•_--.-- _-- subcontractor_ as- provided in 29 CFR 5.12.-- --- --- — ------------- unpaid wages._In addition, such-contractor-and-subcontractor-- nd-subcontractor_-- -----.----_.----•-------- - -- -- --- --- -- --- -- --- ---- --- - --- --- - -- -- ---shall- ----------- - ------ - ------ -- -shall be liable to the United States (n tfie case bf werk done— 8. Compliance withDavis-Bacon-and-Related Act - -- under contract for the District of Columbia or a territory, to such -- --- District or tosuch-te - - - meorY).-foriigaidated�afi�ges:-Such — -- -- --- - r---requirements. All rutin and rota eq rulings interpretations of the Davis- _-_-_Bacon and.Related Ads.contained.in 29 CFR -parts -1, 3; and 5 liquidated damages shag be computed with respect to each ----individual laborer or mechanic, -including watchmen and - are herein incorporated by reference in this contract guards, employed in violation of the clause set forth in o niep6ft., Paragraph (1.) of this section, in the sum of $10 for each calendar day n..AW ' seneewdng labor standards- Di -s -pales out of the labor standards provisions of this contrail shall not Yal VMS FOgWF 3d OF permitted to work in excess of the standard workweek of forty be subject to the g�ralslisp hours without payment of the overtime wanes required by the disputes shall be resolved in accordance with the procedures clause set torth to paragraph (1.) of this section. of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firth who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firth ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 3. Withholding for unpaid wages and liquidated damages. The FMA or the contacting agency shag upon its own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shag insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shag be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 57 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 3D percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term 'perform work with its own organization' refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firth meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v 1 s i o n i is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635 The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shag be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and n __, _ ___ prim__ - ctar maintains oontrol_over_the__-- a the ' e contra_ _ the=== ay subcontractor shag not permit any employee, in performance --=of - - - --- ---- - - ---- --- --of-the contract -tri-yvork-in suiroundmgs-or under conditions---- -- - --- - — -- - supervision of the day-to-day activities of the leased employees; which are unsanitary, hazardous or dangerous to his/her -- - - - -- — - - - - - -- _ - — (2) the prime contractor remains responsible for the quality --- health or-safety,-as-determined-under-consbvc ion safety and - - - - health standards (29 CFR 1926) promulgated by the Secretary of the worts of the leased employees;---- --- ---------of.Labor. (3) thi prime contractor retains all power to accept or in accordance with Section -107 of the Contract Work- -- - Hours and Safety Standards Ad (40 U.S.C. 3704). exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3 it is a condition of this contiraci the payment of piedetormIrM mifftum wages, the submission of payrolls, statements of compliance and all nlhrar FeAnr�l��nmamM..y. that the Secretary of labor or authorized representative thereof, shall have right of entry to any site of contract requirements. hasped ornvestlgate the maller 6f compliance with the construction safety and health to d b b. 'Specialty Items' shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shag furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract 4. No portion of the contract shag be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shag not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is s n a s and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vlll. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any fads related to the project is a violation of Federal taw. To prevent any misunderstanding regarding the seriousness of these and similar ads, Form FHWA-1022 shag be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it Is readily available to all persons concerned with the project 18 U.S.C. 1020 reads as follows: 58 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation. false report or false claim with respect to the character. quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be fumished, in connection with the construction of any highway or related Project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fad in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Ad approved July 1, 1916, (39 Stat 355), as amended and supplemented; covered transaction. The prospective fust Ger participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause Is a material representation of fad upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first Ger participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier Participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Shall be fined under this title or imprisoned not more than 5 years or both' e. The terms 'covered transaction; •debarred,' 'suspended,"'ineligible,' •participant,"person,' 'principal; and "voluntarily excluded,' as used in this clause, are defined UL IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL in 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions- refers to any covered transaction between a ------ - -- -WATER POLLUTION CONTROL -ACT --------------___- — -- - - -- ---- - - --- - - - ... -- grantee or subgrantee of -Federal funds -and a parttcipanY(such---- - -- -- as the prime or general contract). 'Lower Tier Covered This provision is applicable to all Federal -aid construction_. _-.. -. Transactions' refers to -any covered transaction under a First - — - - - - - - --i6ntracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). 'First Tier - -" -- - - By sutimisstbri of th bid/proPosal or thhe execution of this - Participant' refers to the. participant who has entered into a- - -- - - - - - covered transaction with a grantee or subgrantee of Federal contract or subcontract, as appropriate. the bidder, proposer, Federal -aid construction contractor, or subcontractor, funds (such as the prime or general contractor). 'Lower Tier as Participant' refers any participant who has entered inrn a aDIopriatew aso ows covered transaction with a First Tier Participant or other Lower 1. That any pemon who nc or udn be utilize In the Tier Participants (such as subcontractors and suppliers). performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Ad f. The prospective fust tier participant agrees by submitting this proposal that, should the proposed covered transaction be or Section 306 of the Clean Air Ad. 2. That the contractor agrees to include or cause to be entered into, It shall not knowingly enter into any lower tier covered transaction with a person who Is debarred, included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing participation in this covered transaction, unless authorized b the department or agency entering into this transaction. y such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more - as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification - First Tier Participants: a. By signing and submitting this proposal, the prospective first Ger participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial'of participation in this g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause fitted 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions; provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower Ger covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httpsJhvww.epis.00v/), which is compiled by the General Services Administration. 59 L Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (i) of these instructions, if a participant in a covered transection knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - First Tier Participants: a. The prospective fust tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred. suspended. proposed for debarment, declared ineligible, or voluntarily excluded from Participating in covered transactions by any Federal department or agency; this transaction originated may pursue available remedies, including suspension arid/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms 'covered transaction,' "debarred," .suspended." ineligible,"participant,' *person —principal,* and 'voluntarily excluded,' as used in thus clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 'First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). 'Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'Fust Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). 'Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective (ower her participant agrees by submitting this proposal that, should the proposed covered.---------------_ _---- - shell -not knowin (2) Have not within a three year period preceding this a lower tier covered transaction with a enter (oto' - — --- - — --- --- - - Proposal been convicted of or had a civil 'u nLent rendered_....__ debarfed,sus �rsOn who is against them for commission of fraud of a criminal offense in excluded pended,-declared ineligible; or voluntarily - - - - connection with with obtaining, attempthng to obtain. or performing Pupation in this covered transaction, unless - a public -(Federal; Stab of local) transaction or contractunder -t originated. this or agency with which this - a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, f. The Prospective lower records, tier participant h irthAr agrees by bj Om y, falsification of destruction of making false submitting this proposal that it will include this clause titled statements, or receiving stolen property 'Certification Regarding Debarment, Suspension, Inefigibilly (3) Are not reser 7on-��ier a Transaction,' presently indicted for or otherwise criminally or without modification, in all ower tier covered transactions and civilly charged by a governmental entity (Federal. State or in all solicitations for lower tier covered transactions exceeding local) with commission of any of the offenses enumerated in the $25,000 threshold. paragraph (a}(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal. State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fad upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless d knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of is principals. as well as the eligibility of any lower Ger prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httasJ/www.epfsgov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a tower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation to this transaction, in addition to other remedies available to the Federal Govemment, the 60 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such Prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contrails and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The Prospective participant certifies, by signing and submitting this bid or proposal, to the best -of his or h�------- -- ImOvAwge and belief, that -'a.'N6 Federal appropriated funds have been paid or will be Paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any Federal age, icy. ts Member of Congress, an onicer or employee of Congress, or an employee of a Member of Congress -in - contract, the making of any Federal grant, the making of any Federal ban, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying; in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be Included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 61 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shad give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work Is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful conective bargaining contract, provided that the number of nonresident Persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. - --- ---- - -- ------------- - ---- with th Stat --- --- -- ---- — ------------- -- ---- ------ - - - - --- ---- ----- - 2. The oontredor shag place a job ogler with the State - - - Employment Service indicatinga -Z the classiftGons of -the._-- __--- _---- la rers�, mechanics and other employees required to perform - the contract work, (b) the number of emptoyADq required in each' classification, (c) the dite on which the participant - - - - - - - - estimates such employees will be required, and (d) any other pertinent information required by the State Employment 1heJob order maybe Placed with the State Employment Service in writing or by telephone Ir Amnn few _ information submitted by the Contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shag give full consideration to all qualified job applicants referred to him by the State Empkryment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perforin the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shag be made a part -of the oontrador's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (tc) above. 5. The provisions of 23 CFR 633207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 62 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC— 05115 Page 1 of 2 Exhibit "E" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the 'contractor') agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors, Including Procurements of Materials and Equipment: In all -- - - - - - - - — — - -- Y - p ---- - --— - — - -- - -- -- - - - - - sol`iatations either b com etitive biddingor negotiation made b Y the contractor for work to be --performed under sub -contract, including procurements of -materials or leases of equipment, each - - potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the RE . i A120US relative r„ nondiscgminatier; en the basis o; race, coloi. national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or 63 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC- 08115 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 -_�—_ ^_- (_42.11_S.C.-§_2000d-etseq_T78=stat.-25_2); (prohibits discrimination on the_basis otraccolor, national---__-_--_.____-__ origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies .------------------Ad-of-1970.-{42-1'S£:§-4601j,1Prohibits-unfairtreatment-of-p Tson3 Is a—ce or Whose proper j5--- --- been acquired because of Federal or Federal -aid programs and -projects);__Federal-Aid Highway Act of. 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of dissbilay)o a. id 49eFR Pa, 12?, TI it: Age Discrimination Aet of 1915, as amen 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 - on 723), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms 'programs or activities' to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 —12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT occ - oans Page i of 1 EXHIBIT "F" AGENCY RESOLUTION The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 65 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES ills Page 1 EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Tide: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: httas://www.cfda.govi Award Amount: $455,243.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards hftp://www.ecfr.gov/ OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations --=-�ttpa/www:whiteho�se:Qov/sites/defaulf/files/omb7assets�al�3�133=ievise�=�00� f==-----= =------ - = _------- --------------------------------------------------------------------------- - - -- MB Circular A=f33 Compliance Suppe em nt 2014 _ .---._http://www.whitehouse.00v/omb/circulars/a.133 compliance supplement --2014 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments http:/Iwww.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments http://www.whitehouse.gov/omb/circulars a102/ Title 23 – Highways, United States Code http.//uscode.house.gov/browse/prelimt3ttitle23&edition=prelim Title 49 – Transportation, United States Code http://uscode.house.gov/browse/prelim(atitle4g&edition=Drelim Map -21 – Moving Ahead for Progress in the 2114 Century, Public Law 112-141 htto./Iwww.qpo.gov/fdsys/i)kg/PLAW-1 12PubI141/Pdf/PLAW-1 12publl4lpdf Federal Highway Administration – Florida Division http://www. fhwa. dot oov/fid iv/ Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) https://www.fsrs.gov/ GTol STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525410-30 FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION oaoo Page 1 of 2 DATE AGENCY Indian River County FEDERAL -AID PROJECT NUMBER SRTS-254-A FIN NUMBER 431733-1-58/68-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE 8"' St. Sidewalk Improvements Termini 1: from 58'" Ave. to 219 Ct. Length: 2.449 Miles WORK PHASE. n PLANNING [] ENVIRONMENTAL [:] DESIGN `' : CONSTRUCTION F-] RIGHT OF WAY AWARD TYPE: LOCAL LOCAL FORCES ENVIRONMENTAL DOCUMENT. Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: and reevaluated on: EA /FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 2/9/2016 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: PHASE ------------ TOTAL - - - - nearest Dollar LOCALAGENCY - - -- -- ------------ nearest Dollar STATE ----- - U N D I N G=---- nearest Dollar FEDERAL FUNDS —(rieares -Mlar)_ PERCENT OBLIGATION DATE =F�DERAL=--A71on-ih•ZYear -_. FUNDS --PLANNING- ---- ------._... - ------ - - -- ----- - -- - - - -- - ---- PDBE LOCAL AGENCY CONTACT PERSON TITLE: James W. Ennis, P.E.,PMP DESIGN County Engineer MAILING ADDRESS. PHONE: 1801 271 Street CONST. $479,255.00 $72,788.00 $0.00 $406,46700 85 ZIP CODE. Indian River County 32960 LOCATION AND DESIGN APPROVAL: TOTAL $530,766.00 $75 523.00 $000 $455,243.0 86 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 10'-20' travel lanes Number of Lanes 2 Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK [] New Construction 0 3-R 0 Enhancement FICongestion Mitigation Sidewalk ------ Roadway Width 11' (Varies) travel lanes Number of Lanes 2 Bridge Numbers(s) on Project None LOCAL AGENCY CONTACT PERSON TITLE: James W. Ennis, P.E.,PMP County Engineer MAILING ADDRESS. PHONE: 1801 271 Street 772-226-1221 Vero Beach FL 32960 AGENCY ZIP CODE. Indian River County 32960 LOCATION AND DESIGN APPROVAL: BY - Bob Solan Approving Authority TITLE. Chairman DATE: 67 SZS-01430 CONsniucnON MW Pape 2 of 2 AGENCY: PROJECT TITLE: DATE: Indian River County 81 St. Sidewalk Improvements from 58th Ave. to 2111 Ct ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An Environmental Determination was completed and approved for the Project. AND RELOCATION: No Right of Way acquisition is required for the Project __THIS--PROJECT`1iAS-"BEEN-REVIEWED-BY"THEtEG1SLATIVE"BODY-OF THE -ADMINISTRATION AGENCY -OR- AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE By: AGENCY: Bob Solari, Chairman APPROVED AS -F(' �^�•; AN SU_ by '.N.,2 68 INDIAN RIVER COUNTY, FLORIDA <V MEMORANDUM 6e TO: Joseph A. Baird, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kimberly Graham, P.E. — County Traffic Engi SUBJECT: Change Order No.1, Final Payment and Release of Retainage County Road 512 Resurfacing from 125th Avenue to 1-95 IRC Project No. 1304 DATE: June 10, 2016 DESCRIPTION AND CONDITIONS On November 17, 2015, the Board of County Commissioners awarded Bid No. 2016003 in the amount of $787,526.59 to Ranger Construction Industries, Inc., for the milling and resurfacing of the existing roadway from 125th Avenue to 1-95. The work included the addition of 5 -foot wide paved shoulders, a new asphalt surface and thermoplastic pavement markings. This is a Florida Department of Transportation Small County Outreach Program (SCOP) funded project, FM No. 433066-1-58-01. The SCOP Grant, approved by the Board of County Commissioners on May 5, 2015 will provide 75% of the construction cost of the project and construction engineering inspection (CEI) services up to $684,642.00. The County will fund the remaining 25% construction cost. The final construction cost for this project is $793,399.44. Change Order No. 1 is to make final adjustments to contract bid items for an increase to the total contract price of $5,872.85, for a final cost of $793,399.44. Ranger Construction Industries, Inc. has been paid $660,232.30 to date, with $73,359.14 held in retainage. Ranger Construction Industries, Inc. has completed the project and submitted Pay Application No. 4 for final payment and release of retainage in the amount of $133,167.14. FUNDING Funding for release of retainage and final payment is budgeted and available as follows: Secondary Roads/FDOT SCOP Grant Account No. 109-206000-15814 RETAINAGE — CR512 Resurfacing 125th Ave —195 ($73,359.14) Secondary Roads/FDOT SCOP Grant Account No. 10921441-053360-15814 CR512 Resurfacing 125th Ave —195 ($59,808.00) 69 F -\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf (SCOP)_125th Ave to 1-95\Admim\agenda items\BCC Agenda Change Order Nol. 1 FINAL.doc Page 2 CR 512 Resurfacing from 125th Avenue to 1-95 For June 21, 2016 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Ranger Construction Industries, Inc. Pay Application No. 4 (Final) for final payment and release of retainage in the amount of $133,167.14. ATTACHMENTS 1. Ranger Construction Industries, Inc. Pay Application No. 4 2. • Change Order No. 1 3. Work Change Directive No. 1 4. Work Change Directive No. 2 5. Damage to Pull Box — Fiber Optic Line DISTRIBUTION 1. Will Scott, Road & Bridge Superintendent 2. Ranger Construction Industries, Inc. APPROVED AGENDA ITEM FOR June 21, 2016 BY Indian River County Appr Administration //Date Budget �lN/�L Legal ' H —A0 Public Works 6 &6116 Engineering 70 F -\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf(SCOP)_125th Ave to 1-95\Admim\agenda items\BCC Agenda Change Order Nol. 1 FINAL .doc SECTION 00622 - Contractors Application for Payment CR512 Resurfacing from 1250, Avenue to I-85 Application for Payment No. 4 Fir Work ACcomi tted throuch the Made 04/01Q6 through 04/30/16 FINAL To: 1 ddtart River ggg ft.(OWNM) From: Range* Construction Industries, Inc. (CONTRACTOR)Bid No.: 003 Project No.: 1304 1) Attach deWied schedule and copies of all paid lnvok*& 1 • Original Contract Price: $ 787,526.59 2. Net change by Change Orders and Written Amendments (+ or -): $ 56,204.90 3. Current Contract Price (1' plus 2): $ 843,731.49 4. Total completed and stored to date: $ 793,399.44 5. Retainage (per Agreement): _L0_0% of completed Work 96 of retainage: $ Total Retainage: $ 6. Total completed and stored to date less ratainage (4 minus 5): $ 7. Less previous Application for payments: $ 660232.30 & DUE TIM APPLICATION (6 MINUS 71: g 133,167.14 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the tabor and materials listed on this request for payment have been used In the construction of this Worlq (2) payment received from the last pay request has been used to mails payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below, (3) tide of all Work, materI mW equipment incorporated In said Work or of wwisi listed In or covered by this Application for Payment will pass to OWNER at time of payment free and pear of all Liens, security interests and encurnbranoes (except such as are oovared by a Bond acceptable to OWNER indemnifying OWNER against any such Lien,. security Interest or encumbranoe); (4) all Work covered by this Application for Payment Is to accordance with the Contract Documents and not l itre; and (5) If -this Perk4c Estimate Is for a Final Payment to project or Wgviement, i further certify that all persons doing work upon or furnishing materdWs or suppiles for this project or Improvement under this foregoing contact have been paid in foil, artd that ap tropes Imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act. as Amended) have been paid and discharged, and that I have no•daims against the OWNER. Atb dvd to or submitted wb this fort are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on AtiadmMit A, together with an explanation as --to why any release of lien form Is not inckided; OM2 -1 00622 - CO&DCbes Apps for Payment - 0310 rev 91PWbWar1e 92{0ONW10%PROdECY3IW R512Rmxf9XML1MArel01661A iedponet65MrlerCbrUmiOeam 0ta2-Cd COoro Npy9eatton ferPeyment- tla10 rade rbst 0541 71 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated June 10, 2016 • • (CONTRACTOR – ust be signed by an Officer of the Corporation} F. Scott Fowler - Vice President Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN-RNSR Orange Before me; a Notary Public, duly commissioned, qualified, and acting, personally appeared F. Scott Fowler who being by me first duly sworn upon oath, says that IgJshe is the Vice President of the CONTRACTOR mentioned above and that he/she has been duly authorized to ac on behalf of it, and that she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct and complete. Subscribed and swum to before me this i c)_ day of June ' . , 2C 16 . F. Scott Fowler Is personally known to me or has produced as id tion. J NOTARY PUBLIC: / (SEAL) Printed name: Stacy L. Barber STACY L. BARBER Comm' Sion No— FF948938 ' Notary Public - State otFlo� wd Commission Expiration: 04/1920 s• •s TkHr9iftslos # FF 948938 My Comm. Expires Apr 19. 2020 BonaaO ttxot►ya National Notary Assn. iewstit* �#*aetr*�fr+�tr [The remainder of this page was left blank intentionally] 0=-2 00622 - Cantractoft Application for Payment - 03-10 rev F.Vt6Go WWM%NGMMM MVIS M PR0.(EC7bY77o1-cR 5+2 Raad(=OP),-125th A" to M"drdhld &wftWU0W WAd Daae - OW&K ors Appxr�tidf talc Peymad- o3w iw.�eRay.O6i0t 72 Pey Appllallon IW CR912 Reeunwlno (119th Avmw to 4M) IRC PROJECT NO. 1104 w w wlwue�la SCHEDULEDVALUE PREUlnilt APPI IrATIDN Tait opelnn mrel nnun, even Item No.lo-fu- UNRCITY Plke Amount UAN111Y Amount UANTITY • Amount Unit Prke Amount STORED UANTITY Amount 101.1 MOBILIZATION LS 1 6 600.OD 66,800.00 1.00 66,800.00 0.00 1.00 66,B00.DO ID0.00% 0.00 MOD 0.00 102.1 MAINTENANCE OF TRAFFIC LS 1 rUnIt 0,225.00 70'225'00 1.00 70,225.00 0.00 1.00 70,225.00 100.00% 0.00 0.00 0.00 104-1 EROSION AND WATER POLLUTION CONTROL LS 1 5 200.00 15,200.00 1.00 15,200.00 0.00 1.00 15,200.00 100.00% 0.00 0.00 0.00 110.1.1 CLEARING AND GRUBBING LS I S 2.720.00 2'720.00 1.00 2,720.00 000 1.00 2,720.00 100.00% 0.00 0.00 0.00 120.7 REGRADE AND COMPACT OUTSIDE SHOULDER AREA AS I SY 12,131 i 1.75 1 21,229'25 11,849.00 20,735.75 0.00 11,849.00 20,735.75 97.68% OAO 282.00 493.50 OPTIONAL BASE, BASE GROUP 06 8`CEMENTED 285.706 COQUINA SHELL BASE LBA100)) SY 6,122 S 12.70 77,749A0 6,065.00 77,025.50 0.00 6,065.00 77,025.50 99.07% MOD 57.00 723.90 327-70.6 MILLING EXIST ASPHPAVTII 'AVG_ SY 33,468 i 2,15 71,956.20 34,511.00 74,198.65 0.00 34,511.00 74,198.65 103.12% 0.00 -1,043.00 •2,242.45 .9OEPTH SUPERPAVASPHALTIC CONCRETE, 5..5, TRA FICC 1 LIFT) 334.1.132' THICK, 1 SY 37IB 3 0.65 358,296.90 37,372.00 356,902.60 0.00 37,372 .00 356,902.60 99.61% 0.00 146.00 1,39430 570.1-2 PERFORMANCE TURF BAHIA SY 12,131 $ 1.90 23,048.90 11,849.00 22,513.10 0.00 11,849.00 22,513.10 97.68% OAO 282.00 535.80 706.3 RETROREFLECTIVE PAVEMENT MARKER AMBER/AMBER EA 1 352 $ 4.05 1 1,425.60 316.80 1,283.04 218.20 883.71 533.00 2,166.75 151.99% OAO -183.00 -741.15 THERMOPLASTIC AVEMENT MARKINGS, STANDARD, 711-11.121 WHITE, SOLID 6: NM 3A34 i 4,990.00 17,135.65 3.09 15,422.09 0.3694 1,843.3050 3.46 17,265.40 100.76% 0.00 -0.03 -129.74 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, 711.11-131 WHITE, SKIP, (10'-30') 6° GM 0,095 i 1,816.00 153.43 0.09 138.08 0.0131 21.15650 0.10 159.24 103.79% O.DO 0.00 •5.81 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, 711-11.151 WHITE, SKIP, (6'-10') 6" GM 0.189 S 1,625.00 307.13 0.17 276.41 MOD 0.17 276.41 90.00% 0.00 0.02 30.71 711.11.160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE EA 1 S 140.001 140.00 0.90 126.00 0.10 14.00 1.00 140.00 IOD.00% 0.00 0.00 0.00 711-11.170 THERMOPLASTIC STANDARD, WHITE, ARROW EA 7 $ 76.00 546.00 6.30 491.40 0.70 54.60 7.00 546.00 100.00% 0.00 0.00 0.00 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, 711.11-221 YELLOWELLOW,, SOLID, 6' NM 1.661 $ 4,880.00 8,288.39 1.49 7,459.55 0.1491 744.00900 1.64 8,203.56 98.98% 0.00 0.02 84.83 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, 711-11-224 YELLOW, SOLID, 18' LF 192 i 3.00 576.00 172.80 518.40 126.20 378.60 299.00 897.00 155.73% 0.00 -107.00 -321.00 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, 711-11-251 YELLOW, SKIP, (6-40% 6" GM 0.068 : 1,826.00 110.50 0.06 99.45 0.03180 51.67500 0.09 151.13 136.76% 0.00 -0.03 -40.63 THERMOPLASTIC LASTILPAVEMENTMARKINGS,STANDARD, 711.11.251.0 YELLOW SKIP, GM IA02 1 816.00 11618.23 0.90 1,456.41 0.1282 207.0430 1.03 1,663.45 102.79% 0.00 •0.03 -45.22 RoundIng LS 1.000 1 i 0.01 1 0.01 SUBTOTAL SUBTOTAL I 737,52659 SUBTOTAL 733,591.44 SUBTOTAL 0.198.10 SUBTOTAL 717,789.54 SUBTOTAL 0.00 SUBTOTAL •262.96 P•y APPI1.0tim fw CASH R—Ift i gJiMh A— t. 140) IRC PROJECT NO. 1104 IYMYtYw,H�1 WHFnULFO VALUE PREVIOUS APPLICATION I THIS PERIOD TOTAt rnmpt•TFn tt uAVFDIA.0 Ret ARlrr-mmtcw It.. No. UNR unit Price Atrotmt UANTTY Amount ANTTY Amount Unit Puce Amount STORED UANTITY Amount FORCE ACCOUNT C0001 DETECTABLE WARNING DEVICES LS 1.000 S 1.942.60 1 SO .00 1,942.50 1.0000 1,942.50 1.00 1,942.50 100.00% 0.00 0.00 50 ,00 0.00 DIFFERENCE IN ATERIAL IN KIND UNDER TIME COOD2 RESTRICTIONS lS 1.000 3 64262.40 54,262.40 1,0000 54,262.40 1.00 54,262.40 100.00% 0.00 0.00 0.00 BACK CHARGE DAMAGED PULL BOK LS 1.000 $ 695.00 -595.00 1.0000 -595.00 1.00 -595.00 100.00% 0.00 0.00 0.00 SUBTOTAL 55,609.90 0.00 SS1609.90 55,609.90 0.00 0.00 0.00 RAIANtE FORCE ACCOUNT TOTAL TOTAL 9609.90 797,526.591 TOTAL 733 S91A4 **TOTAL S9 00 TOTAL 793399A4 TOTAL OAO TOTAL 50 ,000.00 AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 10% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $793,399A4 $0.00 $793,399A4 $793,399A4 $660,232.30 $133,167.14 J SECTION 00942 - Change Order Form DATE OF ISSUANCE: June 21, 2016 No.1 EFFECTIVE DATE: June 21, 2016 OWNER: Indian River County CONTRACTOR Ranger Construction Industries. Inc. Project: CR512 Resurfacing from 125"' Avenue to 1-95 OWNER's Project No. 1304 OWNER'S Bid No. 2016003 You are directed to make the following changes In the Contract Documents: Description: The project is complete. This change order is intended to make final adjustments to bid line items in order to make final payment and release of retainage to the Contractor. Attachments: 1) Description of Itemized Changes 2) Work Change Directive Nos. 1 and 2 3) Damage to Pull Box — Fiber Optic Line CHANGE IN CONTRACT PRICE: Description Amount -Description Original Contract Price $787.526.59 Net Increase of this Change Order. $5.872.85 Contract Price with all approved Change Orders: $793.399.44 ACCEPTED: B' CONT G Ok kS nature) Date: 1O amkQ ENGINEER CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days/dates) Substantial Completion: 120 days -5124/2016 150 da 16 Final Com letion: Net Increase (decrease) this Change Order. (days or dates) Substantial Completion: Q Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 120 days -5124/2016 0 d -6/23/2016 Final Completion: M /0,„Z.O/6 APPROVED: By: OWNER 00942 - Change Order No.1 FINAL 00942-1 FAPL"= Wwks{ENQ1NEPRM DMSION PROJE.CTa113O4-CR 512 Rastrf (SCOPL,12S1h Ave W WYAdv*ftganda damaH m" Order No. 1=042 -Changs Order No. 75 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: CR512 RESURFACING FROM 125TH AVENUE TO 1-95 I.R.C. PROJECT NO. 1304 BID NO. 2016003 FM NO. 433066-1-58-01 -Item.No a.1 - ;[tea."�{c ?- ;i.'�cm--:w. a.�-.y'S':.? 5i" .'ti.�. v-.�'.v.,"�- 1 l: c, 3 Dexii tionp��.• ,icfK`-�.�_.t9•.•,:r�v�'r;1;?e_ { r•�.-.o ,Unit T�+-.`s _'=.:.:..r ZQuanU -...-...,a a-• i �?iU'n'ItP.riee,P.riee-Inen3aseh r, �4�..:.� i ��.__�:`r�i-q ���=�.+. wP.AeaDeerease 120-7 REGRADE AND COMPACT OUTSIDE SHOULDER AREA AS NEEDED SY 282 1.75 493.50 285-706 OPTIONAL BASE BASE GROUP 06 (8"CEMENTED COQUINA SHELL BASE (LBR 100 SY 57 12.70 723.90 3341-13 SUPERPAVE ASPHALTIC CONCRETE S.P. 9.5 TRAFFIC C 2' THICK 1 LI SY 146 9.55 1,394.30 570-1-2 PERFORMANCE TURF BAHIA SY 282 1.90 1 535.80 711-11-151 THERMOPLASTIC PAVEMENT MARKINGS STANDARD WHITE SKIP 6'-10 6' GM 0.0189 1,625.00 30.71 711-11-221 THERMOPLASTIC PAVEMENT MARKINGS STANDARD YELLOW SOLID 6' NM 0.0170 4,990.00 84.83 ROUNDING LS 1 1.0000 0.01 1 0.01 327-70-6 MILLING EXIST ASPH PAVT 1 1/2' AVG DEPTH SY 1.043 2.15 2,242.45 706-3 RETROREFLECTIVE PAVEMENT MARKER AMBER/AMBER EA 183 4.05 1 741.15 711-11-121 THERMOPLASTIC PAVEMENT MARKINGS STANDARD WHITE SOLID 6' NM 0.0260 4.990.00 129.74 711-11-131 THERMOPLASTIC PAVEMENT MARKINGS STANDARD WHITE SKIP 10'30 6' GM 0.0036 1,615.00 5.81 711-11-224 THERMOPLASTIC PAVEMENT MARKINGS STANDARD YELLOW SOLID 18' LF 107 3.00 321.00 711-11-251 THERMOPLASTIC PAVEMENT MARKINGS STANDARD YELLOW SKIP VA 6' GM 0.0250 1.625.00 40.63 711-11-251A THERMOPLASTIC PAVEMENT MARKINGS STANDARD YELLOW SKIP 1930 6' GM 0.0280 1,615.00 45.22 WCD1 DETECTABLE WARNING DEVICES LS 1 1.942.50 1.942.50 WCD2 DIFFERENCE IN MATERIAN IN KIND UNDER TIME RESTRICTIONS LS 1 54 262.40 54 262.40 CHARGEBACKI DAMAGE TO PULL BOX LS 1 1 595.00 595.00 FORCE ACCOUNT is 1 50 000.00 SUBTOTALS I 1 1 59 730.90 1 53 858.05 CR512 RESURFACING (125TH AVENUE -195) TOTAL INCREASE I $5,872.85 76 om1a1 F:V1tle Warb�ENGINEERWG DNLSION GitOJECT5113W-CR 517 R-0(6GOPL1150. Aw b WMA* -A -0-m b.Wh p Ord. N.. 1�D..v0-d ft -.d 0, January 11, 2016 Candace Ercolano Project Manager Ranger Construction 4510 Glades Cut -Off Road Ft. Pierce, FL 34981 Board of County Commissioners 180127th Street Vero Beach, Florida 32960-3365 Telephone: (772) 567-8000 Fax: (772) 778-9391 RE: CR -512 Resurfacing Project from 125u' Avenue to 1-95 — IRC Project #1304 Response to RFI #2 — Detectable Warning Devices Dear Ms. Ercolano: Indian River County (IRC) has completed a review of the Request for Information (RFI) #2 submitted on January 6, 2016 regarding the replacement of existing Detectable Warning Devices (Devices). Based upon review of various documents/information, please provide a price for the installation of a Detectable Warning Device at both bus stops for a total of four (4) Devices. The compensation for a Device shall be on an each basis and include all costs associated with materials, equipment, labor and incidentals necessary to furnish and install a Detectable Warning Device on an existing sidewalk. Please see attached Handicap Ramp Detectable Warning Detail. If you have any questions or require additional information, please do not hesitate to contact me at (772) 226-1568. E r lerly G6barn, P.E. County Traffic Engineer /KAG Attachment cc: Richard B. Szpyrka, P.E., Assistant Public Works Director D. Howard, Jr., Construction Coordination Manager F:\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resod (SCOP) 125th Ave to I-95Wrnim\Construction\Request For information (RFI)\RFI No. 2 Response 1-11-2016.doc 77 Q 6 �x W TOP WIDTH CL to CL=1.6" MIN. (50% to 65% to 2.4' MAX. OF BASE DIA.) cV 0000 C-4 oa 0 0 0�0 0.9" MIN. TRUNCATED to 1,4" MAX. 0 0 DOMES (TYP.) 0 DOME PATTERN SHALL BE IN LINE WITH DIRECTION OF TRAVEL TO THE EXTENT PRACTICAL PLAN VIEW TRUNCATED DOME 6.0'f RAMP RUN (MAX. SLOPE 12:1. MIN. SLOPE: 20:1 • 0000000 • .000000 •• 0000000 •• •• ,0000000 . „ • • 0000000 •, 0000000 ! 0000000 00000000000 000 0000000 0000000 .•I. 0000000 i• ' Do cocoa 000 oa � • � Go 0 O 00000 , �• 0000-000 r , PEDWAY CROSS SLOPE: 1% MIN., 2% MAX. 3.0' PEDWAY DETECTABLE WARNING THICKENING SURFACE ACROSS ENTIRE (PER EXHIBIT 14) PEDWAY WIDTH (24' MIN.) FROM EOP CONTRASTING SAFETY YELLOW IN COLOR NOTES: 1. PRE—MANUFACTURED DETECTABLE WARNING SURFACE PLATES SHALL BE EMBEDDED A MINIMUM OF 1' IN THE CONCRETE SURFACE. 2. SAFETY YELLOW COLORED DETECTABLE WARNING SURFACE TRUNCATED DOMES SHALL BE IN ACCORDANCE WITH INDEX 304 OF THE LATEST EDITION OF THE FDOT DESIGN STANDARDS AND PER ADA ACCESSIBILTTY GUIDELINES, SECTION 4.29.2. 3. THE ALIGNMENT OF THE TRUNCATED DOMES MUST BE IN THE DIRECTION OF TRAVEL 6.0't RAMP RUN 20' LANDING (MAX• SLOPE 12:1. PEDWAY CROSS SLOPE: SLOPE: 2% MIN. SLOPE 20:1) 1% MIN., 2% MAX. HANDICAP RAMP DETECTABLE WARNING DETAIL 78 0000000 000.0.0 •• . } 00 0000coca •� , Q 7 0000 •.II . • _ [Q7 0000 opo i. , • L W p 0000000 00000oo •.I I ! •• a o0o00oo '• , 0000000 ,••• Z = p Z oDo0o0o• oDo0o00 00000oo •• :. , •• 3 X o00o00 0000oo0o 0000000 • •. .• p LLI 0000000 . , NOTES: 1. PRE—MANUFACTURED DETECTABLE WARNING SURFACE PLATES SHALL BE EMBEDDED A MINIMUM OF 1' IN THE CONCRETE SURFACE. 2. SAFETY YELLOW COLORED DETECTABLE WARNING SURFACE TRUNCATED DOMES SHALL BE IN ACCORDANCE WITH INDEX 304 OF THE LATEST EDITION OF THE FDOT DESIGN STANDARDS AND PER ADA ACCESSIBILTTY GUIDELINES, SECTION 4.29.2. 3. THE ALIGNMENT OF THE TRUNCATED DOMES MUST BE IN THE DIRECTION OF TRAVEL 6.0't RAMP RUN 20' LANDING (MAX• SLOPE 12:1. PEDWAY CROSS SLOPE: SLOPE: 2% MIN. SLOPE 20:1) 1% MIN., 2% MAX. HANDICAP RAMP DETECTABLE WARNING DETAIL 78 Kim Graham From: Kim Graham Sent: Wednesday, February 17, 2016 4:33 PM To: Candace Ercolano Cc: Rich Szpyrka Subject: Re: IRC No. 1304 - CR512 Resurfacing from 125th Avenue to I-95 The submitted price is approved. On Feb 17, 2016, at 4:28 PM, Candace Ercolano <Candace Ercolano@RangerConstruction.com> wrote: Kim - Thanks for the RFI response, but 1 am looking for approval on the cost proposal to F&I the truncated domes so I can issue Mosley a contract to perform the work once paving is done. Candace/RCI From: Kim Graham [mailto:kgraham@ircgov.com] Sent: Wednesday, February 17, 2016 4:20 PM To: Candace Ercolano Cc: Rich Szpyrka Subject: RE: IRC No. 1304 - CR512 Resurfacing from 125th Avenue to 1-95 FYI From: Candace Ercolano [mailto:Candace.Ercolano@RangerConstruction.com] Sent: Wednesday, February 17, 2016 3:49 PM To: Kim Graham <kgraham@ircgov.com> Subject: RE: IRC No. 1304 - CR512 Resurfacing from 125th Avenue to 1-95 Hi Kim - Just following up to see if you found where you sent me the approval. Candace/RCI From: Candace Ercolano Sent: Monday, February 01, 2016 5:02 PM To:'lill Williams'; Kim Graham Cc: Ranger North E -Doc Subject: RE: IRC No. 1304 - CR512 Resurfacing from 125th Avenue to 1-95 Hi Kim - Please find the attached change order 1 to F&1 the detectable warning devices at the bus stop locations for review and approval. 79 Thank you-Candace/RCI From: Jill Williams [mailto:iwilliams@ircgov.coml Sent: Tuesday, January 12, 2016 9:17 AM To: Candace Ercolano Cc: Kim Graham; Rich Szpyrka; Deward Howard Subject: IRC No. 1304 - CR512 Resurfacing from 125th Avenue to 1-95 Good morning, Attached is Indian River County's response to Ranger Construction Industries, Inc.'s RFI No. 2. Original to follow via USPS. If you have any questions, please contact Kimberly Graham, P.E. at (772) 226-168 or kgraham@ircgov.com. Thanks, Jill Jill Williams Staff Assistant 111, Engineering Division Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1380 Email lwillioms@ircgov.com ***LEGAL DISCLAIMER*** The information in this message is confidential and may be privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized. If the reader of this is not the intended recipient, any dissemination, distribution, or copying of this communication, or any action or omission taken by the reader in reliance on it is prohibited and may be unlawful. Thank you ***LEGAL DISCLA MER*** The information in this message is confidential and may be privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized. If the reader of this is not the intended recipient, any dissemination, distribution, or copying of this communication, or any action or omission taken by the reader in reliance on it is prohibited and may be unlawful. Thank you <RCI CO 001 - Detectable Warning Mats.pdf> <IRC 1304 - PCO 001 Detectable Warning Devices 2.01.2016.pdf> <Mosley Quote 1.18.2016.pdf> 80 Kim Graham From: Kim Graham Sent: Tuesday, February 23, 2016 3:19 PM To: 'Candace Ercolano'; Rich Szpyrka Cc: Pete Scholer, Ranger North E Doc; Chris Mora Subject: RE: CR -512 Resurfacing Project from 125th Avenue to I-95 (IRC 1304) Attachments: IRC 1304 - PCO Difference in Material in Kind to Work within Restricted ....pdf Candace, The County has reviewed the proposed costs associated with limiting the lane closures during the milling and paving operations to between the hours of 9:00 am and 4:00 pm and agree to the additional cost of approximately $58,886.10. Therefore, Ranger can proceed with the milling and paving operations and a change order will be proceed as soon as possible. If you have any questions or require additional information, please do not hesitate to contact me. From: Candace Ercolano [mailto:Candace.Ercolano@RangerConstruction.com] Sent: Tuesday, February 23, 2016 3:09 PM To: Kim Graham <kgraham@ircgov.com>; Rich Szpyrka <rszpyrka@ircgov.com> Cc: Pete Scholer <Pete.Scholer@rangerconstruction.com>; Ranger North E Doc <RGNorth. Edoc@rangerconstruction.com> Subject: RE: CR -512 Resurfacing Project from 125th Avenue to 1-95 (IRC 1304) Hi Kim - Please find the attached revised proposal deducting the quantities milled and paved as of today under the standard contract working hours for review and approval. Candace/RC1 From: Candace Ercolano Sent: Tuesday, February 23, 201612:08 PM To:'Kim Graham'; Rich Szpyrka Cc: Pete Scholer; Ranger North E Doc Subject: RE: CR -512 Resurfacing Project from 125th Avenue to 1-95 (IRC 1304) Importance: High Hi Kim - Please find the attached proposal for the difference in material in kind to work within the proposed restricted hours. Candace/RC1 From: Kim Graham [mailto:kgraham@ircgov.coml Sent: Tuesday, February 23, 201610:38 AM To: Candace Ercolano 81 Cc: Rich Szpyrka; Deward Howard; Duane Hamilton Subject: CR -512 Resurfacing Project from 125th Avenue to 1-95 (IRC 1304) Candace, As discussed, there are significant traffic delays on CR -512 associated with the milling and paving operation for the above -referenced project. Currently, the County's inspectors are working with your field staff to clear the existing traffic back-up. To minimize the impact of the milling and paving operation to the traveling public in the future, the lane closure will be limited to between the hours of 9:00 am and 4:00 pm and a reasonable lane closure length maintained. Additionally, night time paving is an option for the project. The night time lane closure would be limited to between the hours of 7:00 pm and 6:00 am. If you have any questions or require additional information, please do not hesitate to contact me. Thanks. ***LEGAL DISCLAIMER*** The information in this message is confidential and may be privileged. It is intended solely for the addressee, Access to this message by anyone else is unauthorized. If the reader of this is not the intended recipient, any dissemination, distribution, or copying of this communication, or any action or omission taken by the reader in reliance on it is prohibited and may be unlawful. Thank you 82 (W Ranger Construction Industries, Inc. February 23, 2016 Indian River County Department of Public Works Engineering Division 180127' Street Vero Beach, FL 32960 RE: Financial Project ID: 433066-1-58-01 Contract No.: 1304 Road No.: CR 512 RCI Job No.: 350-6224 County: Indian River Subject: Change Order for Difference in Material in Kind under Time Restrictions Kim Graham, This letter serves as Ranger Construction Industries, Inc. (RCI) proposal in the amount of $58,886.10 for the difference in material in kind to work within the proposed restricted working hours of 9:00am to 4:00pm for the remaining milling & resurfacing operation. If you have any questions or require additional information please do not hesitate to contact me. Thank You, Candace Ercolano Project Manager Cc: File 1200 Elboc Way, Winter Garden, FL 34787, Phone (407) 656-9255, Fax (407) 656-3188 RX Revised Unit Change Order; ITEM NO. DESCRIPTION UNIT, UNIT PRICE; QUANTITY; DOLLARS Price Variance 10 101-1 MOBILIIZATION LS 66800.000 1.000 $ 66,800.00 ; $ 69,300.00 , $ 2,500.00 - 20 102-1 MAINTENANCE OF TRAFFIC LS 70225.000 1.000' $ 70,225.00 ; $ 72,067.00 ; $ 1,842.00 70 334-1-13 — -- - SUPERPAVE ASPHALTIC CONC. SP -9.5 TLC (2" THICK 1) SY - ..... -- --- -- — ----- -- 9.550 - 23318.000 ---.—._.•.. $ 222,686.90 $ -- -- - 10.90 $ 31,479.30 ---....-. .- ..... --- 90 327-70-6 MILLING EXISTING ASPHALT PAVT 1.5" AVG DEPTH SY 2.150 20968.000 $ 45,081.20: $ 3.25 $ 23,064.80 - Change Order Value: i $ 58.886_10 If you have any questions or require additional information please do not hesitate to contact me. Thank You, Candace Ercolano Project Manager Cc: File 1200 Elboc Way, Winter Garden, FL 34787, Phone (407) 656-9255, Fax (407) 656-3188 RX Kim Graham From: Sent: To: Subject: Attachments: I forgot to copy you. From: Kim Graham Kim Graham Thursday, February 25, 2016 4:33 PM Jill Williams FW: Ranger Construction Fiber Optic Line Incident on 02/11/15 11560-155 IRC CR512 Box Repl - Contractor Inv 11826 2-11-16.pdf Sent: Thursday, February 25, 2016 4:33 PM To:'Candace Ercolano' <Candace.Ercolano@RangerConstruction.com> Cc: Rich Szpyrka <rszpyrka@ircgov.com>; Manny Cabo <mcabo@ircgov.com>; Deward Howard <dhoward@ircgov.com>; 'rburks-sims@johnseastern.com' <rburks-sims@johnseastern.com> Subject: FW: Ranger Construction Fiber Optic Line Incident on 02/11/15 Candace, A line item to deduct the costs of the incident will be incorporated into the final true -up change order. Thanks. From: Candace Ercolano [mailto:Candace.Ercolano@RangerConstruction.com] Sent: Wednesday, February 24, 2016 3:13 PM To: Kim Graham <kgraham@ircgov.com> Cc: Stacy Barber <Stacy.Barber@raneerconstruction.com> Subject: FW: Ranger Construction Fiber Optic Line Incident on 02/11/15 Hi Kim - Please either provide a backchorge invoice or add a line item to deduct from the contract value. Candace/RCI From: Ronnie Burks -Sims [mailto.rburks-sims@JohnsEastern.com] Sent: Thursday, February 18, 2016 3:22 PM To: Candace Ercolano Subject: RE: Ranger Construction Fiber Optic Line Incident on 02/11/15 Hi Candace, Thanks for taking time to speak with me, in regard to the incident. Please find enclosed a copy of the Insured's invoice for the repair of $595.00. Ronnie Burks -Sims, MS Legal Adjuster Johns Eastern Company, Inc. 84 P.O. Box 110239 Lakewood Ranch, FL 34211-0004 Tel: (800) 767-9480 ext 1413 Fax: -(407) 875-8081 rburks-sims rijohnseastern.com From: Ronnie Burks -Sims Sent: Tuesday, February 16, 2016 8:27 AM To: 'Candace. Ercolano@RangerConstruction.com' <Candace. Ercolano@ Ra ngerConstruction.com> Subject: Ranger Construction Fiber Optic Line Incident on 02/11/15 Good Morning Ms. Ercolano, We handle claims on behalf of the Indian River Board of County Commissioners. I attempted to reach you on this morning in regard to the incident involving the cut fiber optic line done by Ranger Construction. When you have a moment will you please give me a call. Thanks, Ronnie Burks -Sims, MS Legal Adjuster Johns Eastern Company, Inc. P.O. Box 110239 Lakewood Ranch, FL 34211-0004 Tel: (800) 767-9480 ext 1413 Fax: (407) 875-8081 rburks-sims Lc6ohnseastern.com CONFIDENTIALITY NOTICE: This e-mail or fax and the transmitted documents contain private, privileged and confidential information belonging to the sender. The information therein is solely for the use of the addressee. If your receipt of this transmission has occurred as the result of an error, please immediately notify us so we can arrange for the return of the documents. In such circumstances, you are advised that you may not disclose, copy, distribute or take any other action in reliance on the information transmitted. ***LEGAL DISCLAIMER*** The information in this message is confidential and may be privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized. If the reader of this is not the intended recipient, any dissemination, distribution, or copying of this communication, or any action or omission taken by the reader in reliance on it is prohibited and may be unlawful. Thank you 85 ORIGINAL INVOICE PRECISION CONTRACTING SERVICES, INC. FEID#- 59-3057661 15834 GUILD COURT JUPITER, FL 33478 D & 8 t 978-199-9099 Phone (561) 743.9737 Fax (561) 743-0775 www.prsfiber.com Inv. #: 11560-11826 Date: Febn]ary 11, 2016 Customer. Indian River County Contact Manny Cabo Finance Dept; County Admin Bldg Phone: (772) 532-2381 PCS #: 12-11560-155 1801 27th Street, Bldg A Fax (772) 770-5095 PO #: .73462-00 Vero Beach, FL 329W Email: mcabo(Mircciov.com Bid M. 2012017 Locations: IRC Project Hope on CR512 Box Replacement - Contractor Terms: Net 30 County, Indian River Activity-, FO Cabling System SCHEDULE'A" Contract TOTAL TO DATE CURRENT PREVIOUS Item Description Otv Unit Unit$ Value QTY Total QTY Total QTY Extension 530-8.105b Communication Cable Installer (Onsite) 0 hr $85.00 $0.00 0 0.00 0 0.00 0.00 0.00 530-9-106b Communication Duct Installer(Onsite) 0 hr $75.00 $0.00 0 0.00 0 0.00 0.00 0.00 630.7 -ROW ROW Delineator Marker Post Orange 6- (F&I) 0 ea $85.00 $0.00 0 0.00 0 0.00 0.00 0.00 635-8-232TR Handhde, Com osite 24' X36'524' W/ Lid 1 ea $595.00 $595.00 1 595.00 1 595.00 0.00 0.00 Mower Pad For 24 -x36 -)Q4- (F&I) 0 ea $345.00 $0.00 0 0.00 0 0.00 0.00 0.00 $595.00 1 $595.00 $595.001 $0.00 Invoice #: 11560-11826 LESS: Prior Payments $0,00 Inv Date: February 11, 2016 LESS. Prior Amount Due $0.00 PCS Job#: 12-11560-155 Current Amount Due $595.00 Total Amount Due $595.00 Note: Received a call from Manny Cabo to repair a broken box on the South side of CR512 in front of 12285 CR512 (Project Hope) where a road contractor had crushed the box. THis Invoice is for the box replacement only. The additional work to move the box is billed under 11560-156. REMIT TO: PRECISION CONTRACTING SERVICES, INC. 15834 Guild Court Jupiter, FL 33478 Attn: Sara L. Boyd, Secretary ORIGINAL INVOICE INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer FROM: Michael D. Nixon, P.E., Roadway Production Manager 4*1 SUBJECT: Change Order No. 1 and Release of Retainage Aviation Boulevard / 20th Avenue Intersection Improvements DATE: June 8, 2016 DESCRIPTION AND CONDITIONS On May 5, 2015 the Board of County Commissioners awarded Bid No. 2014049 for the widening of Aviation Boulevard to accommodate a westbound left turn lane, an eastbound right turn lane and a new traffic signal at 20th Avenue to Guettler Brothers Construction, LLC in the amount of $586,068.00. Change Order No. 1 is to make final adjustments the contract time and to contract bid items to decrease the total contract price by ($55,958.62), for a final cost of $530,109.38. Guettler Brothers Construction, LLC has been paid $503,603.91 to date, with $26,505.47 held in retainage. Guettler Brothers Construction, LLC has completed the project and submitted Pay Application No. 6 (Final) for release of retainage in the amount of $26,505.47. FUNDING Funding for release of retainage is budgeted and available from Optional Sales Tax / Retainage in Account No. 315-206000-15018 Aviation Boulevard / 20th Avenue Intersection in the amount of $26,505.47. This project is funded by a Florida Department of Transportation Small County Outreach Program (SCOP) Grant agreement FM No. 437004-1-58. The SCOP grant will provide up to $292,545.00 of the construction cost and construction engineering inspection (CEI) services. The County will fund the remaining construction cost. F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd -20th Avenue. Intersection 87 Improvements\Admim\agenda items\BCC Agenda Change Order No. 1 FINAL - Release of Ret..doc Page 2 BCC Agenda Item for June 21, 2016 Aviation Boulevard / 20th Avenue Intersection Improvements BCC - Change Order No. 1 and Release of Retainage RECOMMENDATION Staff recommends approval of Change Order No.1 and payment of Guettler Brothers Construction, LLC Contractor's Pay Application No. 6 (Final) for release of retainage in the amount of $26,505.47. ATTACHMENTS 1. Guettler Brothers Construction, LLC Pay Application No. 6 2. Change Order No. 1 3. Schedule of Items to Change Order No. 1 to be Added and Deleted 4. Work Change Directives No. 1 through 5 DISTRIBUTION Guettler Brothers Construction, LLC APPROVED AGENDA ITEM FOR June 21� 1016 n BY Indian River County Approved Administration.9 /Date / 6 -416 Budget Legal 6 •/y— d Public Works Engineering a l L V\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd -20th Avenue Intersection Improvements\Admim\agenda items\BCC Agenda Change Order No. 88 1 FINAL - Release of Ret..doc SECTION 00622 - Contractor's Application for Payment AVIATION BOULEVARD/20TH STREET INTERSECTION IMPROVEMENTS Application for Payment No. 06 - FINAL. For Work Accomplished through the period of 04/26/16 through 05/10/16 To: Indian River Countv (OWNER) From: Guettler Brothers Construction. LLC (CONTRACTOR) Bid No.: 2014049 Project No.: 1422 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $586.068.00 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $586.068.00 4. Total completed and stored to date: $530.109.38 5. Retainage (per Agreement): 0% of completed Work: 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $530.109.38 7. Less previous Application for Payments: $503.603.91 8. DUE THIS APPLICATION (6 MINUS 7): �9a Rnr, A7 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Page 2 of 5 00622-1 Pay App#6 - FINAL.dmx RWIJOBSI02 Active JobsWVIATION BLVDIPay Apps%Pay App 6.05-10-16 FINALIPay App#6 - FINAL.do" Rev. 05/01 89 PAY APPLICATION 06 - FINAL PAYMENT, 08110116 IRC PROJECT NO. 1422 AVIATION OLVD120TH AVENUE INTERSECTION IMPROVEMENTS r n�neam ae. aarN�rrar elvw.r awrn ae r • aaraH rwar..w„ r,.. on arra r rma... SCHEDULED VALUE PREVIOUS APPLICATION TH47 PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH 'ry w.;T; :•1iN i * n•:ard�•: . ^ :' = /'A 11 �Yf - it wdtmp 7+5 1L: 1G' - - ^.'i.' " l L'"."11 1 ^•, n, . __ 1111':11 SIC"0.' -,W4C 77T 11r .:t ,1.p�7 f..'1 •>L 30,000.00 0.00 1.00 30,000.00 100% 0.00 0.00 0.00 101-1 MOBILIZATION 1 LS 30 000.00 1.00 30 000.00 24.000'00 0.00 1.00 24,000.00 100% 0.00 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC 1 LS 21 000.00 1.00 21 000.00 PREVENTION, CONTROL & ABATEMENT OF EROSION 2,500.00 0.00 1.00 2,500.00 100% 0.00 0.00 0.00 104-1 AND WATER POLLUTION 1 LS 2,500.00 1.00 2,500.001 108.1 RECORDIASBUILT DRAWINGS 1 LS 8.000.00 6,000.00 1.00 6000.00 0.00 1.00 8,000.00 100% 0.00 0.00 0.00 110.1.1 CLEARING & GRUBBING 16 1 AC 9,300.00 11,880.00 1.80 14 880.00 0.00 1.80 14,880.00 100% 0.00 0.00 0.00 19.00 0.00 669.00 12,711.00 100% 0.00 0.00 0.00 120.1 REGULAR EXCAVATION 889 CY 12,711.00 689.00 12 711.00 18.00 0.00 881.00 15,198.00 100% 0.00 0.00 0.00 120.6 EMBANKMENT COMPACTED IN PLACE) 861 CY 15 498.00 861.00 15 498.00 285.714 CEMENTED COOUINA SHELL BASE 11 3 LIFTS 2,260 BY 21'00 47,460.00 2.358.00 49 478.00 0.00 2,356.00 49,476.00 104% 0.00 -98.00 -2,016.00 MILLING EXISTING ASPHALT PAVEMENT (1' AVG. 300 0.00 3,484.00 10,452.00 100% 0.00 0.00 0.00 327.70.1 DEPTH 3,484 BY 10,452.00 3,484.00 10 452.00 TYPE SPA 2.5 STRUCTURAL COURSE (TRAFFIC C) (FINE 135.00 0.00 189.00 25,515.00 112% 0.00 -20.00 -2,700.00 334.1.13 MIX 1.5 169 TN 22 815.00 189.00 25 515.00 TYPE SP -9.5 STRUCTURAL COURSE (TRAFFIC C) (FINE 122.00 0,00 318.80 38,819.80 101% 0.00 -12.80 -1,581.80 334.1.13A MIX 1 304 TN 37,088.00 316.80 30 649.60 339.1 MISCELLANEOUS ASPHALT 2 4 TN 830.00 3,320.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 4.00 3,320.00 425.1.351 INLETS CURB E PS <10 2 EA 3.200.00 6,100.00 2.00 6,400.0 0.00 2.00 8,400.00 100% 0.00 0.00 0.00 425.1-521 INLETS ITCH BOTTOM PEC <10 1 EA 2,900.00 2,900.00 1.00 2,900.001 0.00 1.00 2,900.00 100% 0.00 0.00 0.00 425.1.549 MODIFY STRUCTURE MANHOLE I EA 2,100.00 2,100.00 1.00 2,100.00 0.00 1.00 2,100.00 100% 0.00 0.00 0.00 • 3.500.00 0.00 1.00 3,500.00 100% 0.00 0.00 0.00 425.2.41 MANHOLE P-7 <10 I EA 3,500.00 1.00 3,500.0 425.5.1 MANHOLE ADJUST(UTILITIES) 1 EA 1'100'00 1,100.00 1.00 1100.00 0.00 1,00 1,100.00 100% 0.00 0.00 0.00 430.174-115 CONCRETE PIPE CULVERT IS -SD 58 LF 33.00 1,914.00 58.00 1911,00 0.00 58.00 1,914.00 100% 0.00 0.00 0.00 430.174.215 ELLIPTICAL PIPE CULVERT ERCP 12' X18' SD 100 LF 49.00 4,900.00 100.00 4,900.0 0.00 100.00 4,900.00 100% 0.00 0.00 0.00 430-174.218 ELLIPTICAL PIPE CULVERT ERCP 14' X23' SD 130 LF 51.00 8,830.00 87.00 4,437.00 0.00 87,00 4,437.00 67% 0.00 43.00 2,193.00 430174424 ELLIPTICAL PIPE CULVERT, ERCP 19- X30• SD 1e1 LF S4'00 8,694.00 170.00 9,100.00 0.00 170.00 9.180.00 106% 0.00 -9.00 -486.00 430904.625 MITERED END SECTION CONCRETE 14'X23' SD 1 EA 1,070.00 1,070.00 1.00 1.07000 0.00 1.00 1,070.00 100% 0.00 0.00 0.00 430-984-629 MITERED END SECTION CONCRETE 19'X30' SD I EA 1,300.00 1.300.00 1.00 1,300.0 0.00 1.00 1,300.00 100% 0.00 0.00 0.00 5201.10 CONCRETE CURB 6 GUTTER E 398 LF 10'40 6,521.20 377.00 6,182.80 0.00 377.00 6,182.80 95% 0.00 21.00 311.40 522.2 CONCRETE SIDEWALK AND DRIVEWAYS 8- THICK 57 BY 56.00 3,306.00 71.00 4,118.00 0.00 71.00 4,118.00 125% 0.00 -14.00 -812.00 5301.1 GUARDRAIL(ROADWAY) 50 LF 18'85 812.50 50.00 842.50 0.00 50.00 842.50 100% 0.00 0.00 0.00 536.8 GUARDRAIL BRIDGE ANCHORAGE ASSEMBLY 2 EA 2'700.00 5,400.00 2.00 5.400.001 0.00 2.00 5,400.00 100% 0.00 0.00 0.00 536.85.26 GUARDRAIL END ANCHORAGE ASSEMBLY E CRn 2 EA 2,500.E S 000.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 2.00 5,000.00 2.00 1 0,00 6,340.00 12,880.00 100% 0.00 0.00 0.00 5701.2 PERFORMANCE TURF SOD BAHIA 6,340 SY 12,680.00 6,340.00 12 680.00 r n�neam ae. aarN�rrar elvw.r awrn ae r • aaraH rwar..w„ r,.. on arra r rma... PAY APPLICATION 96 -FINAL PAYMENT, 05110/16 IRC PROJECT NO. 1422 AVIATION BLVDf20TM AVENUE INTERSECTION IMPROVEMENTS SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED -TMATERIAL. BALANCE TO A FlMSM ��M jvmpI,'2� t WA" -1 1 tvQNlAIrQIY vt 4, A -MM" V--" !Ik.rd4-V t - atmwmy 31p REM11:21 It ENO* Khm 5 W ZIA m" Mffl NIVI-X LAIMM-11 R�ffl RIM DIRMAR, 'Jn -1.111" CONDUIT (FURNISH INSTALL) (UNDERGROUND) (2- 630-2-11 _ PVC) 355 UP 8.90 3,159.50 1,332.00 11,854.80 0.00 1,332.00 11.854.80 375% 0.00 -977.00 -8.695.30 632.7-1 _ CABLE (SIGNAL) (FURNISH & INSTALL) I PI 3.200.00 3,200.00 1.00 3,200.00 0.00 1.00 3,200.00 100% 0.00 0.00 0.00 633-1-121 FIBER OPTIC CABLE (12 CABLE) 240 LF 1.30 312.00 240.00 312.00 0.00 240.00 312.00 100% 0.00 0.00 0.00 633441 FIBER OPTIC CONNECTION (SPLICE) 12 EA 48.30 579.60 12.00 579.60 0.00 12,00 579.60 100% 0.00 0.00 0.00 633-2.32 FIBER OPTIC CONNECTION (TERMINATION) 12 EA 76.00 912.00 12.00 912.00 0.00 12.00 912.00 100% 0.00 0.00 0.00 635-2-11 PULL BOX (FURNISH & INSTALL) (TRAFFIC SIGNAL) 10 EA $37.00 5,370.00 10.00 5,370.00 0.00 10.00 5,370.00 100% 0.00 0.00 0.00 ELECTRICAL PO R SERVICE (SIGNALS) (METER 63S.1-12 �E PURCHASED BY CONTRACTOR 1 AS 1.536.00 1,536.00 1.00 1,536.00 0.00 1.00 1,536.00 100% 0.00 0.00 0.00 639-2-1 ELECTRICAL SERVICE WIRE (FURNISH & INSTALL) 1,575 LF 1'50 2,362.50 1,575. 0 2.362.50 0.00 1,575.00 2.362.50 t00% 0.00 0.00 0.00 ELECTRICAL SERVICE DISCONNECT (FURNISH & 63%.3-11 INSTALL) (POLE MOUNTED) I EA 230.00 230.00 1.00 230.00 0.00 1.00 230.00 100% 0.00 0.00 0.00 PRESTRESSED CONC. POLE (FURNISH & INSTALL) 641.1-12 (TYPE P-11 SERVICE POLE) I EA 780.00 780.00 1.00 780.00 0.00 1.00 780.00 100% 0.00 0.00 0.00 MAST ARM ASSEMBLY (FURNISH & INSTALL) (150 MPH) 840-31-108 (SINGLE ARM Wl LUMINAIRE) (80) 1 EA 42,000.00 _ _ 42,000.00 1.00 42.000.001 0.00 1.00 42,000.00 100% 0.00 0.00 0.00 MAST ARM ASSEMBLY (FURNISH & INSTALL) (150 MPH) 649-31-115 (DOUBLE ARM W/O LUMINAIRE) (46-46) 1 EA 46,000.00 48,000.00 1.00 46,000.0 0.00 1.00 46.000.00 100% 0.00 0.00 0.00 TRAFFIC SIGNAL (FURNISH & INSTALL) (3 -SECTION) (1. 650-1-313 WAY) (STANDARD) 980.00 1 ,900,0 0.00 5.00 4,900.00 100% 0.00 0.00 0.00 TRAFFIC SIGNAL (FURNISH &INSTALL) (S -SECTION) (1• - 650-1-513 WAY) (STANDARD) I AS "'00"' 1,500.00 1.00 1500.000.00 1.00 1.500.00 100% 0.00 0.00 0.00 VEHICLE DETECTION SYSTEM (FURNISH & INSTALL) 6504-11 (VIDEO DETECTION) (OVERHEAD) 3 EA 8.300.00 24,900.00 3.00 24.000.00 0.00 3.00 24,900.00 100% 0.00 0.00 0.00 863.3-11 FIBER OPTIC SPLICE ENCLOSURE I EA 770.00 770.00 1.010 770.00 0.00 1.00 770.00 t00% 0.00 0.00 0.00 TRAFFIC CONTROLLER ASSEMBLY (FURNISH & INSTALL) 870.5-110 (NEMA) ONE PREEMPTION PLAN) I AS 24.000.00 24.000.00 1.00 24,000.00 0.00 1.00 24.000.00 100% 0.00 0.00 0.00 684-1-1 ETHERNET SWITCH I EA 1,600.00 1.600.00 1.00 1,600.00 0.00 1.00 1,600.00 100% 0.00 0.00 0.00 6ge-101 SYSTEM AUXILIARIES (CCTV CAMERA ASSEMBLY) 2 FA 4,900.00 9.800-00 2.00 980000 0.00 2.00 9.800.00 100% 0.00 0.00 0.00 SYSTEM AUXILIARIES (FIBER OPTIC VIDEO AMPLIFIER, 685-139 TRANSMITTER & RECEIVER) . 170.00 1 0 1 *00 2.00 340.00 100% 0.00 0.00 I 0.00 INTERNALLY ILLUMINATED SIGN (FURNISH & INSTALL) 699-1A (STREET NAME) 3,000.00 9,000.00 3.00 9.000.001 1 0-00 3.00 9,000.00 100% 0.00 1 0.00 0.00 PAY APPLICATION 66 - FINAL PAYMENT, 06/10/18 IRC PROJECT NO. 1422 AVIATION 13LVD/20TH AVENUE INTERSECTION IMPROVEMENTS �q,NMl.MM.wie.NN�l10MllVP/w,tw.'�w M.-O1,P1.lMNNvrs, M•IwMW �fWl.•w N SCHEDULED VALUE PREVIOUS APPLICATION I THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH •.µ•�_ist7 N.o .r. •-.,'Ptr .1r:=.nn?it•t0.-M:t"`%.yYo.•,f.•.fa;. ,:V. + 7^ I: ^.` Ce :Cds�..' - wn ,: t : .:f 5vr q. "t`)V 7t tl ,4, _•f ' ' ii2! ::rl(-7Y..•t1 q9..`.,0'! ..1'xf k9:4•rtFJ!' tt:'vC6T011m7•"L,1 SLS .A'':a leF,:4.;YA�liW19."Xf[i ^,r;',d"'?rs�c,5"'O'.7H'r:'a`(n;,r•;•8pNR10`Al1U`_MARKV/O�` :.E! ,�r'�. .1 ..t ,.yt, c .:t:'-i.°=c �;f, ya •."w� rte, an n�, r�u.;t^. 'i;" ,.'x -T - .'•�tS: y." '.a: �'a•. : _,.h,r: E'Fiw.�..t. •.n.. __ .,��.-Y.. ..A. '•0�'343� �,�7a,,,<f� ....%�!�`J+•'�if ..�.s=..., 15:., •sNi+a7t,a�i .'?� ai%��.5 7. 4�e�..•e��:•�.�� t:>.��':� N'fn%�'i� �#:_1�'i� s,,.. � �iv�i�.Y4 bk"r:e�Y�,. :2.,� kti{ax��t�1`Fr.,,4 t r�i�C'''r.'^.:.:!!>ree�` + SINGLE POST SIGN (FURNISH B INSTALL) (LESS THAN 12 270.00 700.1.11 SQUARE FEE a AS 2,160.00 8.00 2,160. 0.00 8.00 2,160.00 100% 0.00 0.00 0.00 700.1.50 SINGLE POST SIGN RELOCATE I AS 195.00 195.00 1.00 195.00 0.00 1.00 195.00 100% 0.00 0.00 U.00 700.3.101 SIGN PANEL(FURNISH 8 INSTALL ESS THAN 12 S 1 EA 85.00 85.00 1.00 85.00 0.00 1.00 85.00 100% 0.00 0.00 0.00 706.3 RETRO -REFLECTIVE PAVEMENT MARKER 137 EA 4.00 548.00 137.00 548.00 0.00 137.00 548.00 100% 0.00 0.00 0.00 711.11.121 THERMOPLASTIC STANDARD ITE SOLID 3.387 1 LF 1'00 3,387.00 3,387.00 3,387.0 0.00 3,387.00 3,387.00 100% 0.00 0.00 0.00 711.11.121 THERMOPLASTIC STANDARD ITE SOLID 18 47 LF 3.20 150.40 47.00 150.40 0.00 47.00 150.40 100% 0.00 0.00 0.00 711.11.125 THERMOPLASTIC STANDARD R SOLID) (241 77 LF 4.70 361.90 77.00 361,90 0.00 77.00 361.90 100% 0.00 0.00 0.00 711.11.141 THERMOPLASTIC STANDARD ITE SKIP) (61 380 LF 1.00 360.00 360.00 360.00 0.00 360.00 360.00 100% . 0.00 0.00 0.00 711.11.160 THERMOPLASTIC STANDARD ITE MESSAGE 8 EA 125.00 1000.00 8.00 1000.00 0.00 8.00 1,000.00 100% 0.00 0.00 0.00 711.11.170 THERMOPLASTIC STANDARD ITE ARROWS 13 EA 100.00 1300.00 13.00 1 300.00 0.00 13.00 1,300.00 100% 0.00 0.00 0.00 711.11.221 THERMOPLASTIC STANDARD LLO SOLID 8 1117 LF 1.00 1147.00 1147.00 1147.00 0.00 4,147.00 4,147.00 100% 0.00 0.00 0.00 711.11.224 THERMOPLASTIC STANDARD(YELLOW) SOLID 18 667 LF 3.20 2,131,40 587.00 2134.40 0.00 687.00 2,134.40 100% 0.00 0.00 0.00 �q,NMl.MM.wie.NN�l10MllVP/w,tw.'�w M.-O1,P1.lMNNvrs, M•IwMW �fWl.•w N PAY APPLICATION 04 - FINAL PAYMENT, 05/10118 IRC PROJECT NO. 1422 AVIATION BLVD120TH AVENUE INTERSECTION IMPROVEMENTS SCHEDULED VALUE PREVIOUS APPLICATION I THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH ITT' goo PUBLIC CONSTRUCTION BOND I LS 10,000.00 10,000.00 1.00 10,000.00 0.00 1.00 10.000.00 100% 0.00 0.00 0.00 801 TRENCH SAFETY COMPLIANCE (OVER 5) (SEE SECTION 00454) I LS 500.00 500.00 1.00 500.00 0.00 1.00 500.00 100% 0.00 0.00 0.00 802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE SECTION 004S4) I LS 500.00 500.00 1.00 500.00 0.00 1.00 500.00 100% 0.00 0.00 0.00 SUBTOTAL 511,088.00 516.481.50 0.00 516.481.50 0.00 0.00 FORCE ACCOUNT 75.000.00 75,000.00 %VCD I ADDITIONAL VMS I LS 1.035.00 1,035.00 1.00 1 035.00 0.00 1.00 1,035.00 100% 0.00 0.00 0.00 MD2 RECONSTRUCT RIP RAP PER IRFWCD I LS 7,882.68 7.882.88 1.00 7 682.Be 0.00 1.00 7,882.88 100% 0.00 0.00 0.00 WC03 CLEAN MATERIAL FROM 120'19X30 RCP I LS 2.070.00 2.070.00 1.00 2 070.00 0.00 1.00 2,070.00 100% 0.00 0.00 0.00 WCDS GUARDRAIL CHANGES I LS 2.840.00 2,640.00 1.00 2640.00 0.00 1.00 2.640.00 100% 0.00 0.00 0.00 SUBTOTAL 1 13.627.88 1 1 13.627.881 1 0.00 13,627.88 1 100% 0.00 0.00 0.00 AVIATION BLVD120TH AVE INTERSECTION TOTALrTOTAL 586,068.001 530,109.381 TOTAL 0.001 TOTAL 530,109.381 0001 TOTAL AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 0% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR 31309109a)1 0.00 530.109.38 S50J,60J.91 S26,505.47 06/02/2816 17:25 7724618039 GUETTLER PAGE 02/82 STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYNOM BOND (FINAL PAYMENT) The undersigned, in eonsideradon of the final payment in the amount of $ AD. D D , hereby waives its right to claim against the payment bond for labor, services, or materials f rraished.to Guettler Brothers Construction, LLC- on tate job of Indian River County Board of County Cormmissiouers, for improvements to the following described project Avlatlon Boulevard imd 2& Aveaue ratersection Improvements IRC Project No: 1422 - IRC Bid No: 2014049 Bond Number 21 BCSFY3564 And Further Ascribed in Bond Recorded in or Bk: 2849, Pago 1664 Indian River County, FL Dated on Company Name: �C �1N011SI?'YLrSi, SIJC By: '7tsi Printed Name: Title: T ✓�51 /�� n"` Must be a Corporate Officer, President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is sigW by a Corporate Officer listing the authorized sigtlers, . sworn to and aaknowAged before me the day and year vyritten above. V ' 4e N Notary Public Stale of Florida 'IIb0I State of Fl rida at Large Margie A Johnson Seal) �a„ l% Fxr cess OW2my is 412017slon FF 042689 - "i 06/02/2016 17:26 7724618039 (L)ETTLER PAGE 02/02 STA.TUTORX WArVER OF RIGHT TO CLAIM AGAINST THE PUBL14� PROJECT PAYMENT BOND (FINAL PA YMENT) T ie undersigned, in consideration of the final payment in tate *amount of hereby waives its right to claim against the payment bond for labor, services, or materials fiunisbed to Ciuuettler Brothers Construction, LLC on the job of Indian River County Board of County Commissioners; for improvements to the Howlao described project: : Aviation Boulevard and 20%Aveaue Inferseedon Improvements IRC Project No: 1422 IRC Bid No: 2014049 ' Bond Numbcr 21 BCSF*3564 Aud ftther Deson'bed in Bond•ltecorded in or Bk: 2849, Page ,1664 Indian River Couary; k'L on Company Name: Al r ESQ .1A�C•. By: .. Printed Name: Kevin Martin Cre ' Manager — Tide: Must be a orporate Officer, President, Vice President, Sccretary, Treasurer or a letter of authorizat on must be attached that is•signed by a Corporate Officer listing the authodzed signers. sworn to and acknowledged before me the day and year written above. State of Plop a at g" -,\,I ss Ag9co v • 0 . 1 • • I • • RUM:e.: STAR. 95 l f STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $ 4'1 1 q g , ci , , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to Guettler Brothers Construction, LLC on the job of Indian River County Board of County Commissioners; for improvements to the following described project: Aviation Boulevard and 20u Avenue Intersection Improvements MC Project No: 1422 IRC Bid No: 2014049 Bond Number 21BCSFY3564 And Further Described in Bond Recorded in or Bk: 2849, Page 1664 Indian River County, FL Dated on "a12,,'1016 Company Name: Printed Name: 20 L Title: �� C L6Q Must be a Corporate Officer, President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is signed by a Corporate Officer listing the authorized signers. Subscribed, sworn to and acknowledged before me the day and year written above. 1 �• NotdrylPublic, State of Florida at Large (Notary Seal) =aa;;':,•ati 96 LY NDA PACET71 Commission 9 FF 127306 i�•. ;i My Commission Expires May 28, 2018 96 STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $ t c , hereby waives its right to claim against the payment bond for labor, services, or materials fiirnished to Guettler Brothers Construction, LLC on the job of iridian River County Board of County Commissioners, for improvements to the following described project: Aviation Boulevard and 2016 Avenue Intersection Improvements IRC Project No: 1422 IRC Bid No: 2014049 Bond Number 21BCSFY3564 And Further Described in Bond Recorded in or Bk: 2849, Page 1664 Indian River County, FL Dated on S /0 / U Company Name: SAr L )ONA- �-k aAfki 0. t S By: Printed Name: L✓/ �-�- // G�✓C� Title: v. ;2 Must be a Corporate Officer, President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is signed by a Corporate Officer listing the authorized signers. Subscribed, sworn to and acknowledged before me the day and year written above. otary Public, State of Flo da at Large (Notary Seal) " SHANNON 474WA f, Commission 0 FF 946023 MY Commission Expires « December 27, 2019 97 1 STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYMENT BOND (FINAL PAYMMM The undersigned, in consideration of the final payment in the amount of $ 10 , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to Guettler Brothers Construction, LLC on the job of Indian River County Board of County Commissioners, for improvements to the following described project: Aviation Boulevard and 20'x' Avenue Intersection Improvements TRC Project No: 1422 IRC Bid No: 2014049 Bond Number 21 BCSFY3564 And Further Deserlbed in Bond Recorded in or Bk: 2849, Page 1664 Indian River County, FL Dated on \ > I d Company Name: '?&I M e, j"j 1r� rA P_ 0 fF TtL M P oK. By Printed Name:` Title: . Must be a Corporate Officer, President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is signed by a Corporate Officer listing the authorized signers. Subscribed, sworn to and acknowledged before me the day and year written above. �/o GL. 4v,�- NNt,� - I Notary Public, S e of Florida at Large 1 XaLY WE:OW7 (Notary Seal) ►�+ ! F`EESe ptembe7Bdd 71.. M PJ Aon 98 STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYMWIqT BOND (FINAL PAYMENT) . The undersigned, in consideration of the final payment in the amount of COCl . 5 2 , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to Guettler Brothers Construction, LLC on the job of Iridian River County Board of County Commissioners; for improvements to the following described project: Aviation Boulevard and W Avenue Intersection Improvements IRC Project No: 1422 IRC Bid No: 2014049 Bond Number 21 BCSFY3564 And Further Described in Bond Recorded in or Bk: 2849, Page 1664 Indian River County, FL Dated on —MQ24 1. , z` 1(` Company Name: M O W U�SQh e l S}Y- L,I.CAi Oh BY: Printed Name: Tki 1);u IA JW y �a yt,J r . Title: —� Must be a Corporate Officer, President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is,signed by a Corporate Officer listing the authorized signers. Subscribed, sworn to and acknowledged before me the day and year written above, 4 � 1el otar Public, S of F orrda at Large (Notary Seal L &Me of Florida rT ong FF ZZsbo4 *11KTOts 99 1 3013169 14147998 UNCONDITIONAL FINAL 4 WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment of $10.00 hereby waives and releases -its lien and the right to claim a lien for labor, services, or materials furnished to: MOSLEY & SON CONSTRUCTION INC. For work completed on the job of: GUETTLER BROTHERS CONSTRUCTION To the following described property: AVIATION BOULEVARD & 207" AVE. INTERSECTION EWFROVEMENTS IRC PROJECT #1422 IRC BID NO 2014049 BOND IJ21BCSFY3564 INDIAN RIVER COUNTY M&S# 15-042 Dated on: Lienor; CEMEX CONSTRUCTION MATERIALS OF FLORIDA LLC 1 Signature:___L I UJA(d. Print Name: HILDA WOO Title: LIEN RELEASE SPECIALIST STATE OF: FLORIDA COUNTY OF :PALM BEACH i The foregoing instrument was acknowledged before me on this 13 day of MAY 2016 as HILDA WOO of CEMEX , on behalf of the Corporation. He/She is personally known to me and did not take an oath. KLjZL NOTARY PUBLIC SIGNATURE: SEAL: ;�� i c: 1��YdelPortal ' ' `= AiY�frtlSSRJN t FF 175731 ~�%Eid\°ae eame IREEStl: NOVOM or 12.2010 tea.. 100 STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYMENT BOND MNAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $146, to % *). , 12, , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to Guettler Brothers Construction, LLC on the job of Indian River County Board of County Commissioners, for improvements to the following described project: Aviation Boulevard and 20 Avenue Intersection Improvements IRC Project No: 1422 IRC Bid No: 2014049 Bond Number 2lBCSFY3564 And Further Described in Bond Recorded in or Bk: 2849, Page 1664 Indian River County, FL 0mc.41 toc%Ql- Dated on -6-12-1C, Company Name: j By: Printed Name: J O 'Ee ?r, rC, Title: 'DC f:'L-) Must be a Corporate Officer, President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is signed by a Corporate Officer listing the authorized signers. Subscribed, sworn to and acknowledged before me the day and year written above. �'-& -� Y Y lY o Pubic, State of Florida at Large or Seal) LIUZELEINA MORN PLOUG L4{ FfFFf x`.411.,, `f �... t rYti3`J W'2(1 -2c'16 ?i£ 101 STATUTORY WAIVER OF RIGHT TO CLAIM AGAINST THE PUBLIC PROJECT PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $ —q 2i 61,n'1 L? 5 , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to Guettler Brothers Construction, LLC on the job of Indian River County Board of County Commissioners, for improvements to the following described project: Aviation Boulevard and 201h Avenue Intersection Improvements IRC Project No: 1422 IRC Bid No: 2014049 Bond Number 21BCSFY3564 And Further Described in Bond Recorded in or Bk: 2849, Page 1664 Indian River County, FL 1 Dated on b 42 lv Company Name: &h&,±V u C jj ,on By: Printed Name:SM Title:' Must be a Corporate Officer,. President, Vice President, Secretary, Treasurer or a letter of authorization must be attached that is signed by a Corporate Officer listing the authorized signers. Subscribed, sworn to and acknowledged before me the day and year written above. 5,0f NICHOLE M. ARNOLD Notary Public, State of Florida at Large M EXIRE:SSAug- 21F2018 (Notary Seal) 102 SUPPLIER WAIVER OF LIEN STATE OF: COUNTY OF: TO WHOM IT MAY CONCERN: Whereas the undersigned has been employed by C., Cam '-' 'ten u—c to furnish MA S for the premises known asv 0 \10(o of which: '�'np ;s,1`�� �« �'e �� Is the owner. The undersigned, for and In consideration of moi.w &v a i moi' p%) A+I D 7 /00 Dollars, and other godd and valuable considerations, the receipt whereof is hereby acknowi ed, do hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of relating to Mechanic's Ilens, on the above described premises, and the Improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the mordes, funds or other considerations due or to become due from the owner, on account of labor services,.material, fixtures, apparatus or machinery, furnished at anytime hereafter, by the undersigned for the above described premises. Please Check One:. ` This Lien Waiver Is considered full payment for the above mentioned project: I 1 N A L - This Lien Waiver is considered a partial payment for the above mentioned project: 121y8 _ Job # Check # Name oa Date Al All 1 7R Zc l� Signa re & Inue Notary Seal SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 20� Notary Commiss xp. 6 e 40491EIZ r e 'zof 7 � slt� * My MM HIFF24= * EVLREg; 0*ber 12, 20119 "eorao�pgAxolarYBuvMt i t 103 SUPPLIER WAIVER OF LIEN STATE OF: COUNTY OF: TO WHOM IT MAY CONCERN: Whereas the undersiged has been employed by o,arr &nS4l1.cA1gn LL -Q to furnish _ M jQ Ta"'; . ( S for the premises own as Of which: 4XAA is the owner. Fh //,.,,� p;� The undersigned, for and in consideration of tt1+ � r1 y �H i,.. .1�o,.tp„ � four- a ($ 33r rf $0 . N2 ) Dollars, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do hereby waive and release any and all lien or claim of, or right to, Nen, under the statutes of the State of relating to Mechanic's Ilene, on the above described premises, and the Improvements thereon, and on the matedel. fixtures, apparatus or machinery furnished, and on the monies, funds or other considerations due or to became due from the owner, on account of labor services, material, fixtures, apparatus or machinery, furnished at anytime hereafter, by the undersigned for the above described premises. Please Check one: This Lien Waiver Is considered full payment for the above mentioned project: F' N 4L - This Lien Waiver Is considered a partial payment for the above mentioned project., Job # Check # Name of Company Dateit'd. OYA]v1$ Signature ✓� Tike Notary\eat SUBSCRIBEDAN WORN TO BEFORE ME THIS day of , 20_ Notary Commission Exp. 104 SECTION 00942 - Change Order Form DATE OF ISSUANCE: June 21, 2016 No. 1 - FINAL EFFECTIVE DATE: June 21, 2016 OWNER: Indian River County CONTRACTOR Guettler Brothers Construction, LLC Project: Aviation Boulevard/20th Avenue Intersection Improvements OWNER's Project No. 1422 ENGINEER's Bid No. 2014049 You are directed to make the following changes in the Contract Documents: Description: The project is complete. This change order is intended to make final adjustments to bid line items and contract time in order to make final payment and release of retainage to the Contractor. Reason for Change Order. Final Change Order and release of retainage. Attachments: (List documents supporting change) 1. Description of itemized Changes 2. Work change Directives 1, 2, 3, 4, 5 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $586,068.00 Net decrease of this Change Order: ($55,958.62) Contract Price with all approved Change Orders: $530,109.38 ACCEPTED: By: gf26�� CONTRACTOR (Si ature) Date: (,je J 1�- CHANGE IN CONTRACT TIMES -Description Time Original Contract Time: Substantial Completion: (days or dates) 180 days / 1-8-16 210 davs / 2-7-16 Final Completion: Net increase this Change Order. Substantial Completion: 60 days Final Completion: 60 days Contract Time with all approved Change Orders: Substantial Completion: (days or dates) 240 days / 3-8-16 270 da / 4-7-16 Final Completion: 1 RECOMMENDED: By: j� ENGINEER (Signature) Date: 6 1 Z 8 Ll G APPROVED: By: OWNER (Signatu Date: 00942-1 00942 - Change Order No. t - FINAL FSPLMC worUTNGINEERING DMSION PROJECTSt1422 AvleUon BhKI.2Mh Avenue bdmecoon Improveffmo%Admhf Change OrdergOM2 - Charge Order No. 1 - FiNAL.doc Rev. 05101 105 I CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME:AVIATION BOULEVARD/20TH STREET INTERSECTION IMPROVEMENTS I.R.C.. PROJECT NO. 1422 BID NO. 2014049 FM NO. 437004-1-58-01 �,-S; w-sF-"•�=3•' -..,.'.WfIR/:-}� `- �€,Bt�=•::3-►c -s; i�t'� •r; v'l+ -•rr'i�-- c--ut`c I�.i-7x J `4 !'�2.�%?Yi.'�f#`��5. J.i'.%`. ii...4.G�:'Idi.��ta'q+i::•v: aarx VN. ,�,+•r., ���Kw F �hZ V�•K4PI R.0 -- �9i �i�:�ri�Q-j�1 - yw 339-1 MISCELLANEOUS ASPHALT 2 TN 4 830.00 3,320.00 430-174-218 ELLIPTICAL PIPE CULVERT ERCP (14"x 23"SD LF 43 51.00 2.193.00 520-1-10 CONCRETE CURB & GUTTER TYPE F LF 21 16.40 344.40 536-85-26 GAURDRAIL END ANCHORAGE ASSEMBLY TYPE CRT EA 2 2,500.00 5,000.00 285-714 CEMENTED COQUINA SHELL BASE 14" 3 LIFTS SY 1 96 21.00 2,016.00 334-1-13 TYPE SP -12.5 STRUCTURAL COURSE (TRAFFIC C )(FINE MIX)(1.5" TN 20 135.00 2,700.00 334-1-13A TYPE SP -9.5 STRUCTURAL COURSE ( TRAFFIC C )(FINE MIX)(l-) TN 13 122.00 1561.60 430-174-224 IELLIPTICAL PIPE CULVERT, ERCP (19"x 30"SD LF 9 1 54.00 486.00 522-2 CONCRETE SIDEWALK AND DRIVEWAYS 6" THICK SY 14 58.00 812.00 630-2-11 CONDUIT FURNISH & INSTALL UNDERGROUND 2"PVC LF 977 8.90 8,695.30 WCD NO.1 VMS LS 1 1,035.00 1,035.00 WCD NO.2 RECONSTRUCT PIP RAP PER IRFWCD LS 1 7,882.88 71882.88 WCD NO.3 CLEAN MATERIAL FROM 120'19X30 RCP LS 1 2,070.00 2,070.00 WCD NO.5 GUARDRAIL CHANGES LS 1 2,640.00 2,640.00 FORCE ACCOUNT _ '.t:: � ... -_ •�j♦%<' v...Lia _'�I :.il� _ - .ti- '_•t.:Y: :. K:� - - - _ :�."_?Jit _ LS 1 1 75 000.00 1 75000 00 •�w :.1.. � r.•im - :.js r.;7 - -- - ..4.. _ :�ti�:.'�.�i51:� v.Y _i f-� _ ..,��'•. - 1 UBTOTALS -�• �:?~4, ?ai�s�'-:. �sr3'-i`K :; `.7.'a':�`'--r` ';'-'-�•_-:�r.1-4-itr'�fc; E�`-�:;•:�•,..�� ..�«-�;?f?��?:rr - Sr_ ..n.t-. ..1?q.{--n ,..,Cal .Lk 1. _ .. �'•,, _4`3 :.vt .1 _ _?':°. '�; �� _ '4� .� _ T- 1 I 29 98.78 1 - .;�: '.,>••- •� -s,.;f: �i_ yz-,�.; .; us.:.e�- • ` �Ii� %A3,K ; .ii ..s'F XI., i'S: 4•. .•�a-.R :A. _ z.'>3'�•" - - _Y =s.... )i -2"A'' 85,857.40 im.. �y.�- - dC;:321 ;(� �-.!;�Ei� 2174 TOTAL DECREASE TO CONTRACT PRICE WITH CHANGE ORDER NO. 1($515,958.62) 106 00310-1 F'.WubliC WorksIENGINEERING DMSION PROJECTS11422 Aviation BIvQ201h Avenue iraersecrion tmprovemeraslAdmim%Change ORImXCO No. 1 Description of itemized Charges SECTION 00948 - Work Change Directive No. 1 DATE OF ISSUANCE: 8-7-15 EFFECTIVE DATE: 8-7-15 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction LLC Project: Aviation Boulevard/20"' Avenue Intersection Improvements OWNER's Project No. 1422 You are directed to proceed promptly with the following changes: Description: To provide one Variable Message Sign (VMS) and one informational sign on US1 for south bound traffic informing motorist that the Aviation Boulevard / 20 Avenue bridge will be closed. Purpose of Work Change Directive: Provide advanced notice to motorist of bridge closure. Attachments: (List documents supporting change) Proposal from Guettler Brothers Construction LLC, dated 8/7/15 with quote from Bob's Barricades, Inc., dated 8/5/15 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices [K Unit Prices Lump Sum ❑ Other. ❑ By Change Order. Method of determining change in Contract Times Q Contractor's Records Q Engineer's Records II Other. II By Change Order. VMS $65.00 per day x 10 days = $650.00 Special Sign 'IRC ADMIN BRIDGE CLOSED' Lump Sum = $250.00 Subtotal = $900.00 15% Markup = $135.00 Estimated increase (decrease) in Contract TOTAL = li,035M Times: NONE Estimated increase of this Work Change Directive $1,035.00 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Substantial Completion: 0 days; Ready for Final Completion: 0 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMENDED: APPROVED: By. B . i Blr y' EN (NEER ( ig ature) !/ C TRACTOR (Signature) OWN R ( ignature) Date: E3-11 -L5 Date: 8 -11 - i 5 Date: g �(I s F:Tubfic Works\ENGINEERING DIVISION PROJECTS11422 Aviation 13hrd-20th Avenue Intersection ImprovementsWdmimMork Change Dir100948 - Work Change Directive No. 1.doc 107 GUETTLER BROTHERS CONSTRUCTION, LLC. 4401 Whiteway Dairy Road Fort Pierce, Florida 34947 (772) 461— 8345 phone (772) 461— 8039 fax August 7, 2015 VU Email Atta: Mike Nixon, P.E. Indian River County 180127th Street, Bldg. A Vem Beach, Fl. 32960-3388 Re: Aviation Blvd at 20" Avenue Intersection Improvements Dear Mr. Nixon, Guettier Brothers Construction would like to request additional compensation for a VMS board and additional special sign as requested by Indian River County. The estimated cost of the additional work will be as follows: ' Item Unit Quantity Unit Price Amount VMS DAY 10 $65 $650 Special Sign LS 1 $250 $250 Sub Total 5900 Contractors Fee 15% $135 Grand Total $1035 Final amount will be based on actual units confirmed by the Contractor and Owner jointly. If you have any question please don't hesitate to contact me. Sincerely, Damn Guettler Attachments: 1. Bob's Barricade Proposal 108 1240 Tangelo Terrace Delray Beach, FL 33444 561/272-8487 August 5, 2015 Attn: Darren Guettler, Aviation Blvd Change Order Quote: • $65.00/day rental VMS • $250.00 fabrication and installation of special sign: "IRC ADMIN BRIDGE CLOSED" Applicable sales tax not included Thank you for this opportunity, Caleb Spencer 561-272-8487: office 561-239-1076: cell 109 SECTION 00948 - Work Change Directive No. 2 DATE OF ISSUANCE: 10-2715 EFFECTIVE DATE: 11-4-15 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction LLC Project: Aviation Boulevard/20"' Avenue Intersection Improvements OWNER's Project No. 1422 You are directed to proceed promptly with the following changes: Description: Modify the top of the IRFWCD Main Canal bank on the northeast and northwest side of the 20th Avenue Bridge at Aviation Boulevard by removing the existing rock rubble, Import and place suitable soil material to bring the top of bank up to where the ground slope is away from the canal, and replace the rock rubble. Purpose of Work Change Directive: Provide level ground for maintenance equipment,near the top of IRFWCD Main Canal bank on the northeast and northwest side of the 20th Avenue Bridge at Aviation Boulevard. . Attachments: (List documents supporting change) Unit Price Proposal from Guettler Brothers Construction LLC, dated 1.0/19/15 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices 0 Unit Prices ❑ Lump Sum Other. By Change Order. Estimated Increase of this Work Change Directive $7,882.88 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract Times Q Contractor's Records ❑ Engineer's Records [j Other f By Change Order. Estimated increase (decrease) In Contract Times: NONE Substantial Completion: 0 days; Ready for Final Completion: 0 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMEND D: APPROVED: B B ` By:� . l w CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signa re) Date: HA/1.5 I IDate: /t— S - / S' I Date: 9 PTublic WorkMENGINEERING DIVISION PROJECTS71422 Avlation Blvd -20th Avenue Intersection ImprovementslAdmimlWork Change DIr100948 - Work Change DlrecUve No. 2.doc 110 SECTION 00948 - Work Change Directive No. 4 DATE OF ISSUANCE: 12-11-15 EFFECTIVE DATE: 12-11-15 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction LLC Project: Aviation Boulevard/200 Avenue Intersection Improvements OWNER's Project No. 1422 You are directed to proceed promptly with the following changes: Description: Provide a 60 day time extension to the Substantial and Final contract completion date. Purpose of Work Change Directive: Provide a 60 day time extension to the Substantial and Final contract completion date extending the dates indicated in the Notice to Proceed to allow time to address issues with the signal drilled shafts. Attachments: (List.documents supporting change) Letter -from Guettler Brothers Construction LLC, dated 12/1/15 requesting a time extension to the contract time. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change, Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices NONE 0 Unit Prices Q Lump Sum II Other. Q By Change Order. No Increase in Contract Price Method of determining change in Contract Times Q Contractor's Records El Engineer's Records JKOther.' TIme.extension request by Contractor By Change Order. Estimated Incxease In Contract Times: 60 Days Substantial Completion: 60 days. March 8 2016 Ready for Final Coinoletion• 60 days Adrll 7 2016 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMENDED: APPROVED: By. BY'Z,,; „ By: 41 X-,fAl CO CTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: / /$ Date: r bt r 1 � Date: L I� �/ F:1Public Works\ENGINEERING DIVISION PROJECTS11422 Aviation Blvd -20th Avenue Intersection ImprovementsWdmimlWork Change DG100948 - Work Change Directive No. 4.doc 116 Michael Nixon From: Velazquez, Diego<Diego.Velazquez@dot.state.fl.us> Sent: Tuesday, December 15, 2015 5:11 PM To: Michael Nixon; Alan Raedel Cr. Lawrence, Chloann; Kehres, Katherine; Lemus, Carlos; Fasiska, Christine; Brown, Paul; Rich Szpyrka; Jill Williams Subject: RE: Aviation Boulevard at 20th Avenue Intersection Improvements Good afternoon Mike, District has no issues with extending the contract's Contract Time by 60 days to address the drilled shaft issues. The SCOP Agreement construction portion does not expire until June 30, 2017. Please let me know if you have any other concerns or questions. Thank you, Centennial FDLJnT- J915 * 201.5 Diego Velazquez LAP Coordinator FDOT, D4 - Treasure Coast Operations d ieeo.ve lazguez@dot.state.fl.us Office: 772.429.4818 Fax: 772.429.4920 From: Michael Nixon (mailto:mnixon@ircgov.com] Sent: Monday, December 14, 2015 2:52 PM To: Velazquez, Diego; Alan Raedel Cc: Lawrence, Chloann; Kehres, Katherine; Lemus, Carlos; Fasiska, Christine; Brown, Paul; Rich Szpyrka; Jill Williams Subject: Aviation Boulevard at 20th Avenue Intersection Improvements Re: Aviation Boulevard at 20th Avenue Intersection Improvements IRC No. 1422 FDOT FM No. 437004-1-58-01, SCOP Work Change Directive No. 4 (Time Extension) Diego Velazquez, Please see the draft of Work Change Directive No. 4. We are requesting approval of a 60 Day extension to the contract time through Work Change Directive No. 4 to allow time to address issues with the signal drilled shafts. Michael D. Nixon, P.E. Roadway Production Manager, Engineering Division Indian River County 180127"' Street, Vero Beach, FL 32960 1 118 SECTION 00948 - Work Change Directive DATE OF ISSUANCE: 4-28-16 No. 5 EFFECTIVE DATE: 4-28-16 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction LLC Project: Aviation BoulevardQ01' Avenue Intersection improvements OWNER's Project No. jM You are directed to proosed promptly with the following changes: Description: To revise the guardrail End Anchor Assembly from Type CRT to Type II Purpose of Work Change Directive: The end anchor assembly Is outside of any dear zone and it was determined that a Type CRT End Anchor Assembly was not necessary. The Type II End Anchor Assembly Is appropriate. Attachments: (Ust documents supporting change) E-mail from Guettler Brothers Constriction LLC, dated February 17, 2016. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined In the Contract Documents. Method of detemnlning change In Contract Prices NONE Unft Prices Lump Sten Other: By Change Order. Method of determining grange In Contract Thnes Contractor's Records Englneees Records Other._Thme extension request by Contractor By Change Order. NO CHANGE IPI CONTRACT TIME ACCEPTED: RECOMMENDED: APPROVED: By: BY io� ne-�1 By- YCONTRACTOR CONTRACTOR(Signature) ENGINEER (Stgnature) OWNER (Sig m) Date: 5 4 i tQ Date: S G Date: i l t F1 Aft IAlm iV*XR p Dr4M= PRoj5CM421 AMbq ak,4.2M Am= ktrSocUan ftMM0Mw4&AMWAbrk C?dpo MUM • Nb* OwW Mr**s N0. &coo 119 Michael Nixon From: Ben Guettler <Ben@guetderconstructiomcom> Senn Wednesday, February 17, 2016 2:24 PM To: Michael Nixon Cc: Darren Guettler, Rich Szpyrka Subject: Aviation Blvd Request for Change Order for Guardrail Changes Mike - Below is the breakdown, please confirm 1536-85-26 End Anchor Type CRT -2 EA ; $ 2,500.00 Anchor 1536-85-25 End Anchor Type II 2-; EA _ -----: $ 1,320.00 -$ 640.00 _..._- I 2r _, L._...,_.-_.__..__..--_..._.._..._.-- -....... -.__-------.�._.._..__.._..�.NetChanBe $(2,360.00) Thanks Ben Guettler Guettler Construction 772461-8346 772461-8039 FAX This email and any flies transmitted with It are confidential and Intended safety for the use of the Individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential Information and Is Intended only for the Individual named, Ifyou are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notffy the sender Immediately by e-mail If you have received this e-mail by mistake and delete this e-mail from your system. If you aro not the Intended recipient you are notified that disctming, copying, distributing or taking any action In reliance on the contents of this Information Is strictly prohibited. 120 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: June 14, 2016 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Brad Bernauer, Director Human Services) CONSENT AGENDA Subject: Approval of Children's Services Advisory Committee's Funding allocations for Fiscal Year 2016-17 BACKGROUND: The Children Services Advisory Committee (CSAC) received 29 program responses to RFP #2016030. The total amount originally requested by the agencies applying was $1,527,859. The CSAC Grant Review Committee met for two days, June 10th and 11 th, 2016, to determine a final recommendation for funding for the 2016-17 fiscal year. The Children's Service Advisory Committee met on 13th of June and voted to approve the attached funding recommendations. FUNDING: Account Description Account Number Budget Amount Children's Services — Outside Agencies 00112869-088*** $ 1,051,965.00 RECOMMENDATION: Staff respectfully requests the Board's approval funding recommendation for FY 2016-2017. ATTACHMENTS: CSAC Funding Recommendation Approved Agenda Item BY: ak W. �Z%� Joseph A. Baird County Administrator FOR: June 14, 2016 of the Children's Service Advisory Committee's Indian River -County Approved Date Administration 40,/d County Attomey Budget Department y . /C Risk Management FAAssistant County AdministratorWGENDA ITEMS\2016\BCC 06 JUNE 2016\BCC Memo - CSAC.doc 121 Agency Name Program Name Awarded Approved Requested Awarded Requested Recommend 2011 2013-14 2014-15 2015-16 2015-16 2016-17 Bi Bro & Bi Sis of IRC Passport to Literacy$49,994.00 $24,99400 $64,329.00 $50,000.00 COP Children of Promise $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 Bos & Girls Club of IRC Sebastian Branch $10,000.00 $10,000.00 $55,000.00 $30;000.00 $40,000.00 $30,000.00 Vero Beach Branch $10,000.00 $10,000.00 Fellsmere Branch $10,000.00 $10,00000 Catholic Charities -Samaritan Samaritan Center $26,000.00 $26,000.00 $27,700.00 $27,700.00 $29,000.00 $29,000.00 Child Care Resources of IRC Children in Centers $170,000.00 $170,000.00 $170,000.00 $170,00000 $187,000.00 $170,000.00 Psychological Services $5,925.00 $5,516.00 $5,92500 $5,925.00 $6,600.00 $6,600.00 Professional Development -Educators $21,150.00 $000 $24,300.00 $24,300.00 Children's Home Societty Teen Life Choices $30,000.00 $15,000.00 $0.00 Dasie Hope Center Daisy Hope Center Tutorial $25,000.00 $20,000.00 $40,000.00 $30,000.00 $40,000.00 $35,000.00 Earl LearningCoalition CCEP $200,000.00 $000 $0.00 Childcare Local Match$7,500.00 $7,500.00 $40,000.00 $0.00 $0.00 Exchan a Club Castle Strengthening Families dBeatiful $30,000.00 $30,00000 $50,00000 $49,065.00 Safe Families $56,402.00 $50,000.00 $75,000.00 $35,000.00 $75,000.00 $70,000.00 GYAC FamilyGuidance/After Scho $28,158.00 $28,158.00 $30,000.00 $30,000.00 $35,000.00 $35,000.00 GivingKiz A Chance Health Families $0.00 $10,000.00 $35,000.00 $20,00000 $20,000.00 $20,000.00 TLC $0.00 $10,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 Health Start of IRC Partners in Pregnancy/Belly $5,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 Parents As Teachers $40,000.00 $30,000.00 $30,000.00 $30,000.00 Hibiscus Children's Center Career Pathways to Independence $10,000.00 $10,000.00 $20,157.98 $0.00 $20,000.00 $0.00 R.C.M.A Childcare Infant/Toddler. $24,689.00 $20,000.00 $20,00000 $20,000.00 $0.00 $0.00 HFC Child Development Substance Abuse Council Life Skills $67,216.00 $67,216.00 $67,21600 $67,216.00 $97,216.00 $80,000.00 Redirect Program (Right Choice $100,000.00 $100,000.00 $100,00000 $100,000.00 $120,000.00 $100,000.00 Prevent Junior League Whole Child Connection $10,000.00 $10,00000 $35,000.00 $10,00000 $000 $0.00 Hope for Families Center Childcare $20,500.00 $19,500.00 $45,008.82 $0.00 $58,466.37 $0.00 Gifford Youth Orchestra Gifford Youth Orchestra $15,000.00 $10,00000 $20,50000 $10,000.00 Learning Alliance Moonshot Moment Reading Rocket $20,000.00 $15,000.00 $44,596.00 $21,596.00 $75,000.00 $40,000.00 Youth Guidance Mentoring & Activities $7,500.00 $5,000.00 $15,000.00 $15,000.00 $25,000.00 $15,000.00 Education Foundation Step into Kindergarten $0.00 $167,613.00 $107,53400 $218,235.00 $130,000.00 Economic OpportunitiesCou Early Bird $0.00 $147,731.00 $0.00 $0.00 $0.00 Crossover Mission Crossover Mission $50,000.00 $19,000.00 $110,000.00 $45,000.00 Feed The Lambs FTL Afterschool & Summer $20,000.00 $10,000.00 Pelican Island Audubon Soc. Overcoming Nature -Deficit Disorder $96,713.00 $20,000.00 Striving 4 Success Breakin Throu h Boundaries -STEM $12,500.00 $109000.00 Willis Sport Assoc. Dodger's Baseball Program $20,000.00 $10,000.00 TOTAL 1 1 $623,890 00 $623,890.0-01 $1,610,091 80 $851,965.00 $1,527,859.37 $1,051,965.00 N N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM /0A1 TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AI"nmunity Development Director DATE: June 6, 2016 SUBJECT: Consideration of Proposed Vacation Rental Ordinance Establishing a Local License Requirement and Vacation Rental Regulations - It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 21, 2016. BACKGROUND From the 1980s — 2012, staff interpreted county regulations to treat residences rented for periods of less than 30 days as a lodging unit, requiring commercial zoning or special approval such as a residential resort (e.g. Disney resort) or bed and breakfast. During that period, there were occasional but not many short term rental "violations" that came through code enforcement. In July 2012, the Board of County Commissioners (Board), as part of a proposed change to clarify the county's treatment of short term rentals, adopted regulations clarifying that "... any residential dwelling unit offered for rent or lease for less than a month at a time shall not be considered a hotel/motel or lodging facility". That regulation change remains in effect and allows a residential dwelling unit in the unincorporated area of the county to be used as a "vacation rental" (see definition, attachment 1). At -the time of the 2012 regulation adoption, the Board directed staff to track site-specific complaints related to vacation rentals and coordinate with the state to try to ensure compliance with state licensing requirements for vacation rentals. In 2012, the Board also expressed a desire to have vacation rentals "come out of the shadows" and come into compliance with state requirements and local tax obligations. Since July 2012, county Code Enforcement has tracked site specific complaints related to vacation rentals and has coordinated with the state regarding state licensing of suspected "unlicensed" vacation rentals. To date, over a period of nearly four years, Code Enforcement has received complaints regarding a total of 32 specific, suspected unlicensed units. The location and disposition of those units with respect to proper state licensing is shown on the attached vacation rental complaint log (see attachment 2). MA\AGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and Vacation Rental Regulations 062116.docx 123 Last summer (2015), the Board heard concerns regarding vacation rentals and short-term rentals of residences for large events. Expressed concerns primarily involved over -parking and outdoor noise/disturbances. In response, the Board took the following four actions: 1. Considered and adopted on September 23, 2015 a prohibition on commercial events (e.g. weddings) at residences, with allowances for events already booked at residences and for events held on 4+ acre agricultural sites subject to a special temporary use permit (see attachment 3). 2. Considered and adopted on October 6, 2015 special parking regulations for vacation rentals, establishing standards for parking spaces outside of garages/carports with a maximum [cap] of 5 parking spaces located outside a garage/carport at any time day or night (see attachment 4). 3. Directed staff to post vacation rental public information on the county website (see attachment 5). 4. Established (with a sunset provision) and appointed members to the Short Term Vacation Rental Advisory Committee (STRVAC) to advise whether or not additional vacation rental regulations are needed and to "...submit recommendations on proposed legislation, ordinances, and rules to the Board of County Commissioners". Last August, the two regulations that were ultimately adopted (actions 1 and 2) were reviewed by the Planning and Zoning Commission (PZC) at a land development regulations (LDR) amendment public hearing. Those adopted regulations are in effect and are being implemented. Under action 3, public information on vacation rentals has been posted on the County's website since October 2015 and has been updated as needed. The vacation rental committee (action 4) met, determined that additional vacation rental regulations are needed, completed its tasks, and made its final recommendations to the Board. The committee's recommendations included: a new ordinance establishing additional vacation rental regulations, a schedule of fines for violations, and a requirement that staff provide a progress report to the Board one year after adoption of the new ordinance. Those recommendations were finalized at the committee's last meeting of March 17, 2016 (see attachment 6). On April 12, 2016 the Board considered the STVRAC's recommendations, provided staff direction on proposed occupancy limits and consistency with health department septic/drainfield requirements, and directed staff to initiate the formal land development regulation amendment process for review and adoption of a new vacation rental ordinance (see attachment 7). Staff has now drafted a proposed vacation rental ordinance that consists largely of the draft ordinance recommended by the STVAC, and also includes regulations proposed by staff that address occupancy limits and health department septic/drainfield capacity items brought up by the Board on April 12't' (see attachment 13). MAAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 2 Vacation Rental Regulations 062116.docx 124 • PZC Action At its regular meeting of May 26, 2016, and at a Special Call meeting on June 2, 2016, the PZC conducted a public hearing and considered the proposed ordinance (see attachment 8). As a result of its work, the PZC made additions to the proposed ordinance and those changes have been incorporated into the ordinance attached for the Board's consideration. The PZC voted to recommend that the Board adopt the proposed ordinance, adopt the proposed fines/citations schedule, and direct staff to prepare and present a "progress report" after the ordinance is in effect for one year. ANALYSIS • Current Conditions Currently, staff has no accurate data on the total number of vacation rental units (state licensed and unlicensed) offered for rent in Indian River County. Research conducted by the County Attorney's Office in 2015, however, indicates that there may be more than 375 vacation rental units county -wide offered for rent on the internet. Of those estimated 375 units, it appears that roughly 250 units lie within the unincorporated area of the county. During public meetings at which vacation rentals have been discussed, some participants have speculated that there may be hundreds of more units than staff's research indicates. Whether there are 250 units in the unincorporated county or hundreds more than that, a total of 32 units with some type of suspected vacation rental violation (such as no state license or various nuisances) over a 4 year period indicates that vacation rental unit problems are not widespread or numerous at this time although the pace of suspected violations has increased recently. Although problems may not be widespread, the STVRAC, staff, and the PZC believe that additional vacation rental regulations are warranted to reasonably address existing and potential problems and nuisances and to prevent a proliferation of problems from occurring in the future, especially if the local vacation rental market expands. Since adoption of the commercial events prohibition and special parking regulations for vacation rentals (actions 1 and 2 above), staff has received complaints about two residences where violations of the commercial event at residence prohibition appear to have occurred. One complaint, received in February 2016, was prompted by a concern about over -parking at an event. Code Enforcement investigated that apparent violation of the commercial event prohibition and issued a written warning together with a description of the commercial event at residence prohibition and a copy of the relevant regulation. Complaints have also been received about a May and a June wedding event at another residence,.at which parking, noise, and nuisance problems were cited. Code Enforcement is currently investigating those apparent violations and is preparing to present a case to the Code Enforcement Board at its June 27 meeting. Based on the reduced level of overall complaints about commercial events and over -parking, it appears that the commercial event prohibition and special parking regulations are having their desired effect and are being enforced. Consequently, there is no proposal or recommendation to change those regulations at this time, although specific and significant new fine amounts are proposed for violations of those existing regulations (see attachment 14). With respect to the vacation rental committee initiative (action 4 above), the committee has conducted and completed its work as described below, and is considered sun-setted. WAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 3 Vacation Rental Regulations 062116.docx 125 • Vacation Rental Committee (STVRAC) The STVRAC met six times from October 2015 — March 2016 at monthly meetings centered around specific vacation rental topics. Meeting packets and notices were sent to a number of interested participants as well as committee members. All committee.agendas, meeting materials, staff reports, minutes, and meeting videos remain available on the county website. Topics and information reviewed or considered by the committee included the following: October 2015 • Committee purpose and charge from the BCC • Background and introduction of vacation rental issues • Identification of potential regulation topics and committee schedule November 2015 • Parking regulations and commercial event prohibition already adopted by BCC • Establishment of a local license and tax compliance 0 Monroe County Regulations, Moorings Committee Recommendations, Noise Regulations, Boat/watercraft Regulations, Polk County Rental Guide • Vacation rentals in mixed use projects December 2015 • Fire safety requirements and occupancy limits • Septic sstem standards and compliance January 2016 • Homestead Exemption and Property Appraiser assessments • Economic impact information • Occupancy limits, HUD Fair Housing occupancy guidelines • Fines and citations February 2016 • Occupancy limits • Inspections and length of local license March 2016 • Local license violation fine • Recommended ordinance and reconsideration of occupancy limits • Staff progress report to BCC after adoption of new ordinance As part of concluding its assigned tasks, the committee made three recommendations to the Board: adoption of a vacation rental ordinance, adoption of a new schedule of significant fines/citations for vacation rental violations, and staff presentation of an evaluation/progress report to the Board one year after adoption of the ordinance. • Proposed Vacation Rental Ordinance At its April 12, 2016 meeting, the Board of County Commissioners reviewed the ordinance recommended by the STVRAC and indicated that changes were needed with respect to occupancy limits and consistency with health department septic tank/drainfield system requirements, where applicable (see attachment 7). The proposed ordinance reflects the regulations recommended by the STRVAC with two changes: revised occupancy limits and additional regulations for units with septic tank/drainfield systems. Those changes are described in more detail later in this report. The proposed ordinance does not propose any changes to the county's existing definition of "vacation M:\AGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 4 Vacation Rental Regulations 062116.docx 126 rental", the existing prohibition of commercial events at residences, or the existing vacation rental parking regulations. It is also important to note that all county regulations applicable to a single- family residence (e.g. use and limitations on docks, noise and nuisance regulations, and environmental regulations) apply to vacation rentals as well. As stated, previously, during its review the PZC added a number of items to the proposed ordinance (see attachment 8). Those items have been incorporated into the ordinance now proposed for Board consideration (see attachment 13). As structured, the proposed ordinance includes all provisions recommended by the STVRAC with the exception of a license application submittal requirement added by staff (page 2 of ordinance) and an alternative recommendation for occupancy limits (page 3 of ordinance). Both of those changes are highlighted in the ordinance (see attachment 11). The attached ordinance, if adopted, will: 1. Require the owner of a vacation rental unit to obtain a county license from the community development department, said license to be valid for 3 years with the ability of an owner to obtain a license renewal every 3 years. Rationale: As part of establishing a local vacation rental license, the county should require site inspections and must set a length of time for which a license remains valid. In determining those requirements, the county needs to consider a number of factors, including: the items that need an inspection, who should perform the inspection, how often inspections need to be conducted, staffing levels/efficiency/costs, and ease of licensing as it affects the Board's objective of "bringing vacation rental units out of the shadows" and into compliance. Based on requirements in subsequent sections of the proposed ordinance, items that should be inspected include: • Parking accommodations • State -required fire protection items (smoke alarms, emergency lighting, fire extinguisher) • Occupancy limit items (number of bedrooms) • Posting or displaying required public and "good neighbor" information inside the vacation rental unit With adequate training, code enforcement officers can conduct those types of compliance inspections and will retain personal knowledge of the unit in the event that compliance issues and violations occur at some point in the future. With respect to the length of a county license and the frequency of regular inspections (not including inspections for suspected violations that may arise from time to time), it is staff's opinion that annual licensing and annual inspections would be more frequent than necessary. It is also staff's opinion that a 3 year license and regular site inspections every 3 years will be frequent enough to catch major unit changes that could affect compliance with county vacation rental regulations. In summary, staff and the STVRAC support requiring an inspection for the initial permit, a permit timeframe of 3 years, and an inspection with each permit renewal. As previously stated, separate inspections will occur if and when there is a suspected violation at a particular vacation rental unit. MAAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 5 Vacation Rental Regulations 062116.docx 127 2. Require a license for each vacation rental unit, subject to an inspection of the unit by a county code enforcement officer prior to issuance of a license or license renewal. Rationale: State licensing for vacation rentals can be set up with multiple units covered under one license when such units are held under single ownership. Staff believes, however, that for the county license, a better approach is needed, as proposed. That approach requires a separate license for each vacation rental unit. That requirement is appropriate for ease of tracking compliance of an individual unit, since inspections and investigations for violations including notices/warnings, citations, and fines (if any) will be handled on an individual unit basis. 3. Establish license application submittal requirements including rental unit manager contact information; evidence of a state license, local Business Tax Receipt, and local tourist tax account; parking information; verification of state license fire protection items (smoke alarms, emergency lighting, fire extinguisher); acknowledgement of various county regulations on parking, noise, nuisances, environmental and safety regulations, and fines/citations. Rationale: One key component for swiftly resolving complaints and correcting problems at a rental unit will involve the ability of a code enforcement officer to contact the unit manager at any time. Consequently, it is essential to require every licensee to provide manager contact information and to keep that information up to date. Through the other proposed application submittal items described above, staff will be able to verify compliance with state licensing requirements and local tax obligations. Finally, the proposed requirement for applicants to formally acknowledge county vacation regulations will effectively inform each applicant and put them "on notice" with respect to county requirements and unit owner obligations. 4. Establish special vacation rental regulations that include: a. Posting or displaying specific safety and "good neighbor" information in the rental unit. Rationale: This proposed requirement will provide convenient notice to every renter as to key county requirements and renter obligations. In addition, through this requirement, useful public information will be provided to renters. b. Parking regulations specific to vacation rentals (references regulations previously adopted) Rationale: This proposed regulation simply references the existing vacation rental special parking regulations, codified elsewhere, which will remain in force. c. Prohibiting commercial events at residences (references regulations previously adopted) MAAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 6 Vacation Rental Regulations 062116.docx 128 Rationale: This proposed regulation simply references the existing prohibition on commercial events at residences, codified elsewhere, which will remain in force. d. Maintaining a sleeping occupancy limit STVRAC recommendation: Limit occupancy for adults (18 years or older) in a rental unit: 2 per bedroom + 2 adults Staff recommendation: Limit occupancy to 2 persons per bedroom + 2 additional persons or the unit's septic tank/drainfield system capacity, whichever is less. Rationale: Considerable STVRAC work involved setting a maximum sleeping occupancy limit. Although staff asserted, and the committee acknowledged, that such a limit could not be routinely enforced and in fact would be difficult to enforce, the committee felt that the limit would help prevent customers from booking too small of a unit and over -crowding a unit if a reasonable occupancy limit was set and was provided on advertisements and rental offerings. Staff also asserted, and the committee also acknowledged, that the special parking regulations already adopted by the Board help prevent over -crowding day and night. Preventing overcrowding was determined to be a way of reducing potential negative neighborhood impacts (e.g. traffic, noise) and avoiding an over -burdening of infrastructure. Based on federal Fair Housing guidelines, a reasonable starting point for an occupancy limit appears to be 2 persons per bedroom. Within Florida, there are a number of approaches that local governments take with respect to vacation rental occupancy limits. Some local governments have grandfathered in outright prohibitions of vacation rentals (Vero Beach), some have no specific vacation rental regulations and therefore no occupancy limits (Sebastian, Fellsmere), others have specific vacation rental regulations but no occupancy limits (Bal Harbor, Polk County), some have a 2 persons per bedroom limit (Marco Island, Monroe County), some have a 2 persons per bedroom limit that exempts children (Islamorada), and some have an occupancy allowance based on 2 persons per bedroom plus a limited number of additional persons (Flagler County, Ft. Lauderdale). After consideration at two meetings and much discussion, the STVRAC settled on a sleeping occupancy limit for adults (18 years or older) in each rental of 2 per bedroom plus 2 adults. The committee felt that its recommended occupancy limit would help prevent over -crowding and would reasonably accommodate families while appropriately curtailing the use of a rental as an over -crowded "party house" by renters 18 years and up. At its April 12, 2016 meeting, Board members discussed the issue of whether or not to exempt children from the occupancy limit, including the possibility of excluding "infants". In staff's opinion, an age -based occupancy threshold or exemption would be more problematic to enforce than an occupancy limit based on a formula that does not M:\AGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and % Vacation Rental Regulations 062116.docx 129 include age as a factor. It is also staffs opinion that an occupancy limit based upon size would still need a cap, so as not to result in very large houses with high, "lodge like" capacities of 20+ persons. Staff s recommendation at the March STVRAC was for a simple "2 + 2" occupancy limit formula: 2 persons per bedroom plus 2 additional persons. Based upon concerns and comments expressed by Board members on April 12, staff now proposes,an occupancy limit based on the "2 + 2" formula with an additional further limit for any unit on a septic/drainfield system, whereby the occupancy limit will not exceed the septic/drainfield system capacity as determined by the health department. System capacity limits set by the health department are based on a demand assumption of 2 persons per bedroom with additional capacity required based on certain living area size factors. In general, large septic/drainfield systems can be permitted for a large capacity expressed in number of persons that could exceed the "2+2" formula. As proposed, for a unit served by a septic/drainfield system, the maximum occupancy would be 2 persons per bedroom + 2 additional persons or the health department determined capacity for the rental unit's septic/drainfield system, whichever is less. e. Providing fire protection items required for a state vacation rental license Rationale: Current state vacation rental licensing requirements for single-family units require the following in each unit: • Smoke alarms • Emergency lighting (activates when power goes out) • Fire extinguisher No state inspection is conducted for these items; however, the proposed ordinance includes a requirement that a local inspection be conducted to ensure compliance. With respect to fire safety, single-family homes are constructed and inspected for compliance with the building code and fire code requirements in effect at the time of building permit issuance. Those requirements have varied over time. Generally, single- family homes are constructed with minimum standards for first floor exits to the outside via doors and windows. For many years, codes have required smoke alarms in single- family homes and since 2012 combination smoke alarm/CO (carbon monoxide) alarms have been required in Indian River County for new homes. According to IRC Fire Prevention and Building Department staff, single-family vacation rental units are required to meet building code and fire code requirements for single- family homes. Treating such units as residential dwellings rather than as a hotel/motel unit or lodging facility is consistent with the county's definition of "Hotel/motel and lodging facilities". That definition specifically states that "...any residential dwelling unit offered for rent or lease for less than a month at a time shall not be considered a hotel/motel or lodging facility". Therefore, vacation rental units are treated as a type of residential dwelling. MAAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 8 Vacation Rental Regulations 062116.docx 130 Fire Prevention staff indicate that there are no fire -related occupancy limits or ratings for single-family homes like there are for hotels and commercial lodging facilities. Staff also indicates that fire code standards for hotels and commercial lodging facilities are significantly different from standards applied to single-family homes, that they are not aware of any specific fire safety problems that are particular to vacation rental units, and that they are not aware of any technical justification for increasing local fire safety requirements or establishing local fire -related occupancy ratings for vacation rentals at this time. Consequently, the proposed ordinance requires the special fire protection items required by the state for vacation rental units. By incorporating those items into the county's ordinance, the county will be able to inspect for and enforce provisions of those items and will not need to rely on state enforcement for compliance. f. Providing a carbon monoxide (CO) alarm Rationale: Since 2012, new homes in Indian River County have had combination smoke alarm/carbon monoxide detectors (f$50). The proposed regulation would require any vacation rental unit with a gas appliance to have a carbon monoxide detector in addition to smoke alarms. g. Keeping manager contact information up to date Rationale: As previously stated, up to date manager contact information is essential for timely communications with code enforcement officers and swift resolution for problems that may occur at a vacation rental unit. In addition, failure to keep up to date manager contact information will subject a unit owner to a $100 fine under the proposed fine schedule, as explained later in this report. h. Providing or otherwise stating the county vacation rental license number and sleeping occupancy limit in any advertisement or rental offering associated with the vacation rental unit Rationale: This is an essential component of tracking ads to a specific unit and of putting prospective renters on notice up -front, prior to booking a unit, that the unit has a sleeping occupancy limit. Such tracking is needed to monitor compliance and such notice should help prevent over -crowding of a unit. The proposed vacation rental ordinance for Indian River County is attached (see attachment 11). Monroe County Regulations During discussions on local vacation rentals, the Monroe County vacation rental ordinance has been held out as a comprehensive "model" vacation rental ordinance and the Board has asked staff to analyze that ordinance. Staff's research indicates that Monroe County's vacation rental requirements are contained within a combination of adopted code provisions and non -code application requirements (see attachment 8). WAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 9 Vacation Rental Regulations 062116.docx 131 For purposes of review and comparison, Monroe County's vacation rental requirements can be broken down into a number of categories, as follows: • Watercraft/trailer regulations • Parking restrictions • Noise regulations • Trash pickup requirements • Licensing requirements • Occupancy limit • Health/safety requirements • Penalties/fines In comparing Monroe County's vacation rental requirements to Indian River County's existing regulations, staff's finding is that, with the exception of licensing -related conditions and occupancy limits, most of Monroe County's requirements are already addressed in our county's regulations as they apply to vacation rental use of single-family homes. For example, Indian River County's existing regulations - as they apply to watercrafts at residences, parking, noise, trash pickup, health and safety, and violation penalties - are comparable to and in some cases more restrictive than Monroe County's vacation rental requirements. The herein proposed vacation rental ordinance, coupled with existing requirements, will bring Indian River County's regulations on par with Monroe County's requirements. There are certain provisions of Monroe County's vacation rental ordinance that are not covered in Indian River County's existing regulations or in the proposed ordinance, for reasons explained hereafter: • Requirement of posting of license number, manager contact information and code enforcement contact information visible from the front property line of a vacation rental; • Requirement of notice of a license application with appeal procedures mailed to all property owners within 300 feet of a proposed rental site at least 30 days prior to license approval; and • Procedures for revocation of a vacation rental permit. Regarding the posting of license number and contact information visible from the front property line, staff's position is that such a posting is unnecessary beyond what is proposed: that license numbers be required on all ads and rental agreements, and that up to date manager contact information be provided to code enforcement officers. In addition, staff does not support such signage since it could be unsightly and would work against the county's objective of having vacation rental units seamlessly fit into neighborhoods and appear like any other residence. With respect to appeal procedure, notice to adjacent property owners and permit revocation procedures, unlike Monroe County, Indian River County is not in a legal position to withhold approval of a properly submitted and complete vacation rental licensing application, and is pre- empted by state law from revoking a license and denying a vacation rental use. Consequently, an appeal procedure is not applicable in Indian River County although code enforcement actions MAAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 10 Vacation Rental Regulations 062116.docx 132 (including fines and citations) are applicable, as proposed and described later in this report. In contrast to Indian River County's position, Monroe County's ordinance is grandfathered -in (adopted prior to 2011) and therefore Monroe County has the legal authority under state law to deny or revoke a vacation rental permit and use, authority that Indian River County does not have. Persistent violations of the county ordinance could be relayed to the state regulating authority, the Department of Business and Professional Regulation, for possible action against the state issued license. Staff's conclusion is that Indian River County's existing and proposed regulations adequately address items covered in the Monroe County regulations and are appropriate for Indian River County. A comparison chart of Monroe County and Indian River County existing and proposed requirements is attached (see attachment 10). • Recommended Fine Schedule for Violations Fines & Citations Powers Staff primarily enforces county codes by one of two means: by bringing cases to the Indian River County Code Enforcement Board (CEB) for Board issuance of orders and fines, or by issuing citations (similar to traffic tickets). The CEB typically imposes fines of $100 per day for unresolved code violations. As an alternative to the CEB hearing process, county code enforcement officers have the power to issue citations for various violations, subject to specific procedures set forth in County Code Section 103.07 and FS Chapter 162. County Resolution No. 92-59 established a schedule of citation fine amounts for various types of violations, including a $50 fine for vehicle parking and storage violations (per vehicle) and $50 for noise violations. Citation procedures include issuance of a warning for an initial violation with time given for compliance. Most violations (80% to 90%) are resolved at this step in the process, without further code enforcement action. A violation that occurs thereafter may be cited per occurrence. Under the 92-59 citation resolution currently in place, for example, a $50 citation may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Citations are typically issued to the landowner, but may also include a tenant, renter, or other identified violator, depending on the circumstances and evidence. Specific types of violations and associated fine amounts can be added to the County's current citation schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added. It should be noted that a citation issued by code enforcement staff can be appealed to either County Court or to the Indian River County Code Enforcement Board. After due process, if the citation fine is upheld and remains unpaid, the fine is recorded in the public records as a lien against any real or personal property owned by the respondent. Fines/Citations for Vacation Rentals Regarding short term vacation rentals, the types of violations anticipated to occur most often that would warrant citations are parking violations, commercial events at residences, failure to obtain or maintain a county license, and violations of vacation rental license conditions. County Resolution M:\NGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 11 Vacation Rental Regulations 0621 l6.docx 133 92-59, which established fines and notice time frames for various code violations, includes fines for general illegal parking and storage ($50 per vehicle), but does not list a fine for commercial events at residences, for parking violations specific to vacation rentals, for failure to obtain or maintain a license, or for violations of license conditions. For those reasons, the 92-29 citation resolution needs to be revised to list fines for those violations. Moreover, the revisions should distinguish between first time violations and repeat violations, with higher fines for repeat violations to deter recurrence. For vacation rental vehicle parking violations, staff and STVRAC recommended, and the attached fine schedule proposes, that a $50 fine (per vehicle) for a first violation after an initial 24 hour notice and a $100 fine (per vehicle) for repeat violations are appropriate amounts. The committee and staff also recommended, and the attached schedule proposes, that a deadline of 30 business days (±6 weeks) after initial notice be established for an unlicensed rental unit. As proposed, if that deadline passes without the unit owner obtaining a county vacation rental license, a $100 per day fine will start and accrue for each day that a violator has failed to obtain a license after the 30 day deadline. It should be noted that a violator could come into immediate compliance by pulling all vacation rental advertisements and short-term rental offerings, and ceasing all short-term rental activity until they obtain a license. The proposed schedule also sets a $100 fine for the first occurrence of a noise -related violation at a vacation rental and a $300 fine for any repeat noise violation at that rental unit. This noise -related fine proposal was specifically added as a result of the PZC's consideration. Regarding commercial events at residences, such as weddings and celebrations, fines need to be substantially higher so as not to be absorbed as a "cost of doing business" for holding such an event. Consistent with allowances under FS Chapter 162, staff supports and the committee recommended that the County establish a fine of $1,000 for a first violation and $5,000 for repeat violations of the commercial event at residence restrictions. After -Hours Enforcement Although the County Code Enforcement Section's office hours are weekdays 8:30 a.m. to 5:00 p.m., code enforcement staff will conduct limited enforcement investigations on weekends or "after hours," particularly when a recurring violation at a location has been identified and isanticipated to occur at those times. If a complainant observes a violation occurring on weekends or after hours, the complainant is advised to: Contact the sheriff's office if the violation is a public disturbance or a public safety hazard warranting immediate response; or • Document the violation (e.g., photos) and advise code enforcement staff for follow-up action to deter future/recurring violations. In such cases, code enforcement staff will either bring the matter forward to the Code Enforcement Board or issue a citation based on the documentation provided by the complainant, or will follow-up with after hour investigation as warranted for further documentation if the violation is recurring in nature. M:\AGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 12 Vacation Rental Regulations 062116.docx 134 The proposed fine schedule for violations of county vacation rental and commercial events at residences regulations is attached (see attachment 12). Recommended "Progress Report" As a final matter for discussion, the STVRAC considered the benefits of a "progress report" evaluation of the proposed vacation rental ordinance after adoption and implementation. Committee members expressed a desire for staff to perform an evaluation and provide a "progress report" to the Board as a public discussion item one to two years after ordinance adoption. In the end, the committee decided to recommend that the Board direct staff to present a "progress report" to the Board 1 year after adoption of the vacation rental ordinance. At its April 12 meeting, Board members indicated general agreement with the committee's recommendation. Consequently, staff has incorporated into the recommended motion a directive for staff to prepare and present a progress report one year after adoption of the vacation rental ordinance. In addition, the PZC supports the progress report directive. Establishing Application Fee for IRC Vacation Rental License In an effort to establish an appropriate application review fee for the local vacation rental license, staff looked at simple recovery of anticipated average staff costs per application. The approach of limiting fee amounts to simple recovery of staff costs has been the normal method used for establishing development application review fees. With respect to the proposed vacation rental local license, no formal site plan review will be conducted but application information will be verified by staff and staff will coordinate with affected departments (e.g. Health Department, Clerk of Court). That type of review should be similar to the work staff performs for the review and issuance of an "average" temporary use permit (TUP). The current TUP application fee is $75.00. As currently proposed, staff anticipates an average of two hours of code officer inspection time per license application which equates to a total inspection cost of $100 ($50/hr). Finally, staff anticipates costs to the County for consulting services that provide updated site-specific information on vacation rentals at an estimated cost of $25 per unit per year. For a 3 year license (as currently proposed), a total $75 per unit should be recovered for 3 years' worth of consultant data costs. Consequently, staff believes an appropriate formula for establishing an application fee is as follows: $75 (TUP fee amount) + $100 (two hours code officer inspection costs) + $75 (consultant data costs) = $250 license application fee Based on the analysis above, staff proposes a 3 year license fee of $250. That fee amount is incorporated into the attached fee resolution (see attachment 15). MAAGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 13 Vacation Rental Regulations 0621 l6.docx 135 RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the proposed Indian River County vacation rental ordinance (attachment 13). 2. Adopt the attached resolution establishing the proposed fine/citation schedule for violations of county vacation rental regulations (attachment 14). 3. Direct staff to prepare and present a "progress report" on the vacation rental ordinance one year after adoption of the vacation rental ordinance. 4. Adopt the attached resolution (attachment 15) establishing a $250 fee for a three year local vacation rental license application. ATTACHMENTS 1. Definition of "Vacation Rental" 2. Vacation Rental Complaint Log 3. Commercial Event at Residence Definition and Prohibition 4. Vacation Rental Parking Regulations 5. County Website Public Information on Vacation Rentals 6. Unapproved Minutes of the March 17, 2016 STVRAC Meeting 7. Approved Minutes from the April 12, 2016 BCC Meeting 8. Unapproved Minutes of the May 26 and June 2, 2016 PZC Meetings 9. Monroe County Vacation Rental Regulations and Requirements 10. The Moorings of Vero POA Recommended Vacation Rental Regulations 11. Comparison of Monroe County and Indian River County Existing/Proposed Requirements 12. Chapter 974 Noise Regulations 13. Proposed Indian River County Vacation Rental Ordinance 14. Proposed Resolution and Fine Schedule for Violations 15. Resolution Establishing Fee for Vacation Rental License 16. Draft IRC Vacation Rental License Application Form APPROVED AGENDA ITEM: BY: Indian River Co, Approved Date Admin. Legal- e alBud 1 Budget et Dept. Risk Mgr. M:WgVNDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and 14 Vacation Rental Regulations 062116.docx 136 Vacation rental any residential dwelling which is rented or leased more than three (3) times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than thirty (30) days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a period of less than thirty (30) days. Attachment 1 137 M, w 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VACATION RENTAL COMPLAINTS Address of Complaint Verify License w/DBPR Date complaint given to DBPR Code Officer Status 2125 W Beachside Ln No license 7/16/2012 Rose Case closed by the state — no license issued 1571 Smugglers Cove No license 7/11/12 Vanessa Case closed by the state — no license issued 6450 Frances Manor No license sent initial contact letter to owners Sent initial contact letter to owners Kelly License issued 3011 Calcutta Dr No license 12/7/2012 Kelly _ Case closed by the state — no license issued 580 Reef Rd No license 12/2/2013 Rose I Case closed by the state — no license issued 8515 De Havilland Ct No license 2/11/2014 Vanessa i Case closed by the state — ` no license issued 244023 rd St SE No license 3/21/2014 Vanessa License issued 12576 AIA No license 4/21/2015 Betty License issued 1491 Smugglers Cove No license 4/23/2015 Vanessa Under state investigation 13060 Hwy AlA No license 5/22/2015 Betty Under state investigation 12600 Hwy AlA No license 10/14/2015 Betty Under state investigation 12570 Hwy AlA No license 8/7/2015 Betty Not a rental 12840 Hwy AlA No license 8/7/2015 Betty Under state investigation 12800 Hwy AlA No license 8/7/2015 Betty License Issued 12576 Hwy AlA No license 8/7/2015 Betty License Issued 935077 thStreet No license 8/7/2015 Betty Under state investigation 2160 Seagrape Dr No license 9/10/2015 Rose Understate investigation 855 Reef Road No license 2/10/2016 Rose Under state investigation 1436 Wyn Cove Dr No license 5/5/2016 Vanessa Under state investigation 560 Reef Road No license 6/1/2016 Rose Under state investigation 2460 S Hwy AIA No license 6/1/2016 Rose Understate investigation 2281 W Ocean Oaks Cir No license 6/1/2016 Rose Under state investigation 1025 Reef Rd No license 6/1/2016 Rose Under state investigation _1995 Anglers Cove No license 6/1/2016 Rose Under state investigation 2250 Sanderling Ln No license 6/1/2016 Betty Under state investigation 26 27 28 29 30 31 32 VACATION RENTAL COMPLAINTS Address of Complaint Verify License w/DBPR Date complaint given to DBPR Code Officer Status 9536 Doubloon Dr No license 6/1/2016 Betty Under state investigation 1860 S Hwy AlA No license 6/1/2016 Rose Under state investigation 2277 W Ocean Oaks Cir No license 6/1/2016 Rose Under state investigation 1890 E Sandpiper Dr No license 6/1/2016 Betty Under state investigation 2116 Cavalla Rd No license 6/1/2016 Vanessa Under state investigation 695 Reef Rd No license 6/1/2016 Rose Under state investigation 9480 Frangipani Dr No license 6/1/2016 Betty Under state investigation F:/users/kelly/vacationrentals/vaccomplaintchart Y CD N DEFINITION Commercial event at residence a gathering of people for a celebration that may include but not be limited to a: birthday, anniversary, wedding, reunion or sporting event characterized by music (live or recorded), dancing, catered food, tents, outdoor tables, alcohol or use of shuttles or valet for guests. 1 Held or occurring at single-family residence 2 Leased by the owner or the owner's agent for consideration in exchange for holding the event at the residence. PROHIBITION (8) Prohibition of commercial event at residence. (a) As defined in Section 901 03, it shall be a violation of this Code for any owner to lease a single-family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this code for an owner to advertise or hold out the property to be used as a location for a commercial event at residence (b) A commercial event at residence held at a site that is. 1. Four (4) acres or greater in area, and 2. At a site that is zoned agricultural; or 3. At a site used for agricultural purposes must first apply for and receive a temporary use permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence. (c) If the owner of the property is not on the premises at the time of a commercial event at residence, it shall be a rebuttable presumption of a violation of this section. (d) Notwithstanding the prohibitions contained in paragraph (a) above, should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be performed prior to September 30, 2016, holding the commercial event at residence shall not be a violation of this Code, so long as the contract documents are provided to the community development director by October 31, 2015. Attachment 3 140 Section 911.15. - General provisions. (4) Parking or storage of vehicles. (b) Parking or storage of automobiles. Except as provided in subsections 1-3. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked outside of a carport or garage on a single-family zoned lot. However, one (1) additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport or garage shall not preclude the parking of automobiles by persons visiting a single-family home. 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within. a road right-of-way except within a designated and improved or stabilized driveway. Section 912.17. - Parking and storage. As restated from the "general provisions" subsection of Chapter 911, Zoning, the following regulations apply to parking commercial vehicles, parking or storing vehicles and the storage of boats and recreational vehicles, in residential areas. (2) Parking or storage of vehicles. (b) Parking or storage of automobiles. Except as provided in subsections 1-3. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport and garage shall not preclude the parking of automobiles by persons visiting a single-family home. 1 For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one (1) automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two (2) automobiles plus one (1) automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. Page 1 Attachment 4 141 VACATION RENTALS Indian River County Vacation rentals (residential units rented -out or offered for rent for a period of less than 30 days) are allowed in unincorporated Indian River County, subject to the following: ' 1. State license from Florida Department of Revenue: 850-487-1395 or www.myfloridalicense.com/dbpr 2. Local Business Tax Receipt (LBTR) from the Tax Collector of Indian River County — 1800 27t1 Street, Vero Beach FL, 32960 (772-226-1358 or 772-226-7343). The application is available on- line at littp:/hv\vw.irctax.com/l.ocBusTaxApp-Ne\vBusChkList.litml 3. Register with the Clerk of the Court for tourist development tax: 772-226-3111. 4. Compliance with Indian River County special parking regulations for vacation rentals: • Maximum number of cars parked outside a carport or garage: — Rental unit without carport or garage: 2 parking spaces plus 1 space per bedroom with a maximum total of 5 spaces — Rental unit with carport and/or garage: 1 parking space per bedroom with a maximum total of 5 spaces. Short Term Vacation Rental Advisory Committee meeting information (back-up and minutes): wN«w .i rcgov.co m/Boards/STV RAC NOTE: On April 16, 2016 the Board considered recommendations from the vacation rental committee and directed staff to initiate the process for adopting a proposed vacation rental ordinance. The proposed ordinance was considered by the PZC at a May 26, 2016 public hearing and a June 2, 2016 Special Call meeting. The BCC is scheduled to hold a final hearing on June 21, 2016 at 9 am in the County Commission Chambers. 5. Compliance with prohibition: No single-family residence, including a vacation rental single-family unit, can be rented -out for a wedding or a similar event characterized by music, dancing, catered food, tents, outdoor tables, alcohol, or use of shuttles or valets for guests. Exemption: Agricultural property 4 acres or larger upon obtaining a temporary use permit (TUP) from County Planning. COMPLAINTS ABOUT VACATION RENTAL VIOLATIONS (may remain anonymous] Unincorporated County: Code Enforcement Office: 772-226-1249 Report On -Line: wvvw.irc,_:,ov.com/violations Report of public disturbance/nuisance: Sheriff's Office 772-569-6700 option 2 City of Vero Beach: Tom Ramsey (south zone) 772-978-4551 Melody Sanderson (north zone) 772-978-4561 On -Line: covb.org Departments/Code Enforcement ATTACHMENTS: 1) IRC Vacation Rental Code Excerpts 2) State Guide to Vacation Rentals Attachment 5 F•\Community Development\Short Term Vacation Rentals\vr form(June2016version).docx 142 Indian Itiver County Vacation Rental Regulations Fall 20151 Vacation renal. any residential dwelline which is rented or leased more than three tines• in a calendar year to a teuatit, indix•iduai, grciup ul' intlivitluals, or piny for a period of less than 30 days, or which -is advertised or heli] out to the public- as a dwelling which may, he iui;ularly rentet:i or !tie ed for a period of'less than 30 days. 19W 031"1 Vacation Rental Special Parking Regulations For a vacation Penpal that has L carport or garage that may be parked outside 01'a carport or giragc shall he lirnited to ore automobile per hedrooni not to exceed n total of five; (5) dutoinobilcs parked outside the tarpon or gara-c. Autornobiies Parked outside of a carport or garage shall be parked within a dusignateil and improved or stabilized driveway and not \vtthin any required y:u•d area For a vacation rental that has no carport or garage. the. total number al' automofiiles parked sha11 he lipid d to iwo automobiles plus one automobile per bedroom tint to exceed a total of five (5) automobiles parked on site. Automobiles parked waside o.f x carport or garage shall he parked within a dsignated and Improved or stabilized driveway and not within any required yard area. 3 For all vacation rentals, all automobtics except for service and delivery vehicles shall be parked on-site and shall not .bc parked within a road right-qf way excer)t Within it designated anti Improved or stabilized driveway. [91 1.15(4), ropeatcd in 91?.1-7 Reierence Ordinancc; 2015-014, Code (1.DR) sect ons 901.03. 911.1.50), 912. t ?(2) Commercial Lent at Residence Prohibited "Cnmi►rerc•iul eveni at residence": a gathering of people for a cclehration that may include but not be Innited to, a: birthday, anaivcrsar�:, wedding, i'eiiuron o . spurting event characterized by music (live of recorded), dancing, catered food, tents, outdoor tables, alcohol or use of shuttles or valei for guest. I. 11e1d or occurring at single family residence. 2. Leased by thc• owner or the owner's agent for consideration in exchange for holding, the event at the residence. SSI — )i -o rihition of com►nerciul event of i— sidenct: ray As defined in 911'1:03, i.t shall bc•.a vi-blation of this code, for any owher to lease a single family residence as a location .for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this code for anowner-to advenise or hgld out the property to he used as a location for a commercial evert at residence. commercial event at residence+ held at a site that is: 1. Four acres or greater in area and 2. At a site that is zoned agricultural or 3. At a site used far agricultural purposes ?'lust first apply for and receive a Temporary Use Permit as prescribed by IRC Cade Chapter 922 prior to conducting the commercial event at residenca. ic) if tic owner of the ,property isnot on the premises at the time of a cortntercial event at residence, it shall be a rebuttable presuinptiun ofa violation ol'this secticni. Re erencc: Ordinance 2015-013; Code (LDR) sections 901.03, 911.15(8), 912..1S(3) G:iLser,\:.oh^.con\AppOata\tvcai',Mi: asoft\Windo,,n\rerrnnrtyln:e:netF:Ir tCcr,!cit.^.ut:oc}.\N?8NNF6'.V`..IFC`:c,3cnt:,IC'rdci,::c�ot:t�i�26�cc1 Attachment t Attachment 5 143 MM AX *.L Vacation Rentals & Timeshare Projects The Division of I•iotras and Restaurams Is responsible for re,iulating public lodging estrtblishmenrs in. Fiorida, which includes licensing and inspecting Vacation Rentals and Time nhare ProJect. (see Chapter 509, Florlda Statutes (FSI, and Chapter 61 C. Florida .administrative Code (FAC);. Florida law defines a 'Public lodging establishment" as transient public lodging establishments and non -transient Public lodging establishments. [Section 509.013(4), FSl Transient public lodging establishment nears "any unit, group of units, 'd welling, buiiding,.or group of buildings within a single contplax of Buildings va'tich is rented to guests more than three.times in a calendar year for poriods of loss than 30 days rr 1 ,aiendar month, whichever is bass, or which is advertised or hold out to the public as a place regularly rented to guests," Vacation Rental. Vacation rentals are transient.public lodging establishments defined in s. 509.242i 1)(c), FS, as. any unit or group of units in a condornnlum or cooperative or any individually or coller:tively.owr'red single-family, Iv✓o-family; threo;family.or four-farnhy h7use or dwelling unit that is also a transient putific lodging establishment, but "hat is not 3 Nfrieshare projei t. Tirneshire Project: A timeshare proporty (as defined in Cha3ler 721, F.S.` that is located in Florida and is also a transient public lodging establishment. (E.g.. a timeshare prcperty that rents by the week to guests outside t!,e timeshare.community.) (508.242(1)(g),.F S.) License Classifications Vacalicn rentals and timeshare project licenses have three different classifications (61C -1.002(4)(a), F:AC.): • Single License, May include onesingle home or :ownhome, or a unit or group of units vArlin a sinole building that are operated by the owner • Group License. Covers ail units within a building or group of -buildings -in a single complex that are licensed to a licensed.agent. (Mulliple !croup licenses nay be issued !n different lirensed agents for units Incated on the same property,) • Collective. License: Issued to a.group of huuses or units found in separate locations that are represented by.lhe sarne licensed agar-.,,. (A ro!lociive'Ilcpnse may have a maximum of 75 houses or units' per license and is restricted to counties within one district) If you opa;ale both vacahnn rental ccuidcminiurns and vacntion rental ciwoilings, you mny nol combine lhorn on t— same license in any of ilia three licensing categories. Licensed Agent A licensed agent is someone that. the property owner has authorized, through a rental agreement orcontract, to hold oui the prr)perty for rent una transient'ba sis. The licensed anent does not have to hold a license from the Division of Real Estatii. Only a licensod agent can hold a group or collective license. A licensed agent may not hold a sinole license The licensed agent is responsible for all violations cited during an inspection if the violations occurred while the unit or dtvnlling was 1;stod urid^-r the licensed agent (or if the division records list (lie property under theJicensed ngenl). Licensing To obtain a Vacation Rental or Timeshare Project license you need to fill out an Application for -Vacation Rental or Timeshare Project License. site, appiication packet is available at httu s:h'www.nivfIoridalIcense.comiintentions2.ars ? ch Lhoard=trtieliboardici=200&S lt.7. The Application for License must -be submitted along with the following items. • A,list of all units or houses to be.licensed. • A-comyleied DBPR HR -7020, Certificate of Balcony Inspection if the units or houses are 3 or more stories in height and the railings,,s:ainvells and/or oalccmles are not in common areas. • Appropriate Fees• Fees are based on the number of units to be.licenspd. An automated. fee calculator and fee tables are provided on our website a: .http:;lw,env.tn�dloridaliconse.coin(dbprlhrpicensirr glAppllLLiecji..htrnl You also can Contact tree Customer Contact Center at 850.487 1395 to obiain the correct license fee. in addition to the lirense fee, there is a one-time application processing foe of $50. Licensing Exclusions The definition of a•puhlic lodging establishment does trot include (509.013(4)(b)_F.S'.): • Any dormitory or other living or sleeping.faci]ity maintained by a.nuhlic or private school, college, or university for the use of students, faculty, or visitors. • Any facility certified or licensed and regulated by filly Agency for -Health Care Administration (ARCA) or the Department of Children and Families (DCF) or other similar elate regulated under s. 381.0072, F.S. E.g., hospitals, nursing horses, assisted !ivinll facililios. noniradums and day rare centers • Any nlarn, renting four rr_•nta! units or lzss, unless the renlal uni!s are advertised or heid out to the public to' be places that aro rogulady rented to trans cnts. • Anv vacation rental or linicshare.rirojoc that is rented for periods of at leas! 30 days or 1 caier'.dar rnt)nti,, whichever is less: AND is. riot advertiser) or hell: out tc the public as a place regularly rented for periods'of less than 1 calendar month,'provided that no more than tour rental units within a single complex of bulldings are available for rent. • Any migrant labor camp or residents ,l inigrant housing pennitted by the Oeaartmont of Health (DOH): under Chapters 381.001-341.00895, F.S or anv mobile hump park inspected by the Depa tent of Health (DOH); ami regulated under Chapter 513, F.S • Any nonprofit organization that operwee n facility providing -housing only to patients, natients' families, and patients' caregivers and not to the general public. • Any apartment building-inspoc.ed by the U.S Department of Housing and Urban Development (HUD) that is designated primarily as housing for per.^,ons at leas( fit years of age. This exclusion applies to individual buildings, riot entire complexes (unless every building in the complex fits the criteria). • Any roominohouse, boardinghouse• or'olher living or steeping facility that may not hu classified as a'hote:, motel, apartment, timeshare•pro,190, vacation rental, nontransient apartment. bed and breakfast inn, or 'transient apartment under s. 509.242, F.S. Sanitation Hails, entrances, halllstair runners and stairways (unless common) shat] be dean, ventilated, and v✓ell- lighted dawand night. Kitchen appliances and refripera(ion equipment Shall beAept clean, free. from odors and in,good repair If dishes and oiassware areprovided, you must sanitize ,,herr hebwyen gunstS, (Proper warewashing requires a three-compartrnent sink or commercial dishmachine; OR the epnntor must post a notice informing guests that the dishes and ,lassware nave not been sanitized accordinq:to:public t•ood service establishment standards. The notice must include ilio specific lanquage on the notice available from thu division'wehsite at tr�tp:rhvvn✓✓.m� rigalicense_eorn/dbor!hr!rormsl!_a dgi_r._gpublications.html;) • 'Toxrr items must be pronerly stored and labeled. DBPR Form Hit 5025.753 2015 May Anrt!tnCnl2 • Potable water shall be ;ii piied and adequate sanitury f:n iftics fo, guests. t.g., showr.•rs, handwash sinks and toilets thot are connected to approved plumbing. • 'Nater from a nonpublic system (e.g., well) shall be sampled and tested at least annually and as required by state vrater duality regulations. • The roost recent sample report for the nonpublic .water system shali be avallable upon request. • Tho kitchen sink is, inquired to have hot and a.;lc running water under pressure • Ice making machines must use water from an approved source and shall be constructed, located. instalb,d, operated, and maintained to prevent contamination of the ice. • Ice machines for customer sell -service shall be protected from contamination and equipped so the ice can be automatically dispensed. • Units must be kept free of vermin • If provided: Bedding and linens. sheets and.pillowcases, and bedding items (e.g., mattresses• comforters:and pillows) rnust.be kept clean and in,good condition. Soap mist bo available olther individually wrapped or from a dispenser — Ice buckets shall be cleaned and sanitizes between each guest -or be provided with a sanitary single -service food -grade liner that is changed daily. Safety • A current Certificate of Balcony Inspection (]BPR HR 70201 must be'fiied with the division every three years, unless exterior balconies and stairwells are 'common" elements of a condominium. (For a.xdmpfion to this requirement, the licensee roust provide proof to the division that these areas arc common elements.) The balcony certificate is available from the Division of Hotels and Restaurants website at http:l/wv; w.mytloridalicense.comidbpi%hrlforms/la dginq-publications.htnrl; by e-mail request submitted at w•.vw.mvfloridelisensc.comrconiactus; or by phone .request to 850.487.1395 • Railings, shall be installed on all stairways and around all uorches and stops. • Heating and ventilation must.be kept in good repair or installed to mointain a minimum of 68 degrees Fahrenheit throughout the building. • Boiler Certificate reouired, if nEedeu. (No: requireo if boiler is located in common area,) A vrater 1'reatiny device is considered a bolter if it ezcecds any one of the follo:vinq.limits: maxirnurn.heat input of 400.000 BTUH; watnrtorn Pere ture of'210 deyroes Fahrenheit; water capacity of -120 gallons. • High hazard areas like boiler robms and laundiy rooms shall be kept clean and free of debris and flammables. • At least one (1) approved -locking device is required that cannot be opened by a non master guest room key on all outside and connecting doors. (Cannot be a sliding chain or honk and eye type of locking device.) • Smoke alarms must be installed in every living unit. • Electrical wiring must be in good repair. • A fire extinguisher must be present: propetfy charjed and accessible. • If *seri, fire alarm panel must have power and be maintained. • Automatic fire sprinklers may be required in Vacation Rental condominiums if the majority of ihrf rental units are located within a single building of three stories or more or greater than 75 feet. In height Of 50`Yo or fewer of Ute units within the Molding are ren!ed transiently, a lire sprinklersystem is not required.) • Specialized smoke alarms Yogi the hearing impaired shall be.available at, a.rate of one per every fifty rental units :with a maximum of five required. • Specialized smoke alarms for the hearing impaired shall be available upon request without charge. • Must meet all local fire authority requirements. General • License must be current and renewed. annually License shall ba conspicuously displayed in the office or lohby.(if available) or made available upon request. • Any change•ln. the number of unirs must be reported to ttlo division. • License is not transferrable from one place or individual to anobier. • If provided• baby cribs must merit safety standards established by the Consumer Products Safety Commission. GUIDE TO Vacation Rentals and Timeshare Projects For Florida's Public Lodging Establishments Division of Hotels and Restaurants FI( ids. f eoartm nfi7 Busines�I A�`j? .- Professioaal Hegulati01"1 www.MyF[bridaLicense.com/dbpr/hr DRPR r•om' HR 5025 7s3?� May 19' nttachmen; . SHORT TERM VACATION RENTAL ADVISORY COMMITTEE The Indian River County (IRC) Short Term Vacation Rental Advisory Committee (STVRAC) met at 10:00 a.m. on Thursday, March 17, 2016, in the County Administration Building, Building B, 1800 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the summarized minutes on the IRC website:www.ircqov.com/Boards/Shorttermvacationrentaladvisorycommittee/2016. Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman Joseph Paladin, District 2 Appointee; Joel Molinari, Sr., District 3 Appointee; Alan Curtis, District 4 Appointee; Glenn Heran, District 5 Appointee (arrived at 10:25 a.m.); Dr. Robert DeWaters, Jr., Member -at -Large Appointee and Angela Beckley Waldrop, Member -at -Large Appointee. Absent was: George Bryant, Member -at -Large Appointee Alternate (excused). IRC staff present were: Stan Boling, Community Development Director; Dylan Reingold, County Attorney; Bill DeBraal, Deputy County Attorney; Jason Brown, Management & Budget Director; Roland DeBlois, Chief Environmental & Code Enforcement; Commissioner Peter D. O'Bryan, District 4; and Misty L. Pursel, Commissioner Assistant, District 1 and Recording Secretary. Others present were: Leroy Smith, Indian River Sheriff Deputy; Mayor Jay Kramer, City of Vero Beach; Carter Taylor, Dan Lamson, and Honey Minuse, Indian River Neighborhood Association (IRNA); George Lamborn, Colleen Rosenbaum, Miles Conway, Herb Whitall, Joe Earman, Mark Bondy, Milt Thomas, Liza Green, Sharon Kramer and Bronia Jenkins, Interested Parties. Call to Order & Welcome Chairman Glenn Powell called the meeting to order at 10:00 a.m., and a quorum was noted. Approval of Minutes of February 11, 2016 — Action Required Dr. Miles Conway pointed out two revisions: (1) On Page 2, Under New Business, last paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding"; (2) On Page 5, first paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding". ON MOTION BY Vice Chairman Paladin, SECONDED BY Mrs. Waldrop, the members voted unanimously. (6-0) to approve the minutes of February 11, 2016, as amended. Short Term Vacation Renta INnapproved March 17, 2016 C:\Users\stan\AppData\Local\MicrosoA\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNOWinutes 3 17 16.docx Attachment 6 146 New Business - Stan Boling, Community Development Director a) Local License Fine Amounts (revised) -Action Required Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 8, 2016, entitled "Re -consideration of Proposed Fine Amount for Local License Violations", with Attachment 1, providing overview and analysis concerning proposed fine amounts and citations for violations of county regulations for vacation rentals and commercial events at residences. A copy of the memorandum with attachments are on file in the Commission Office. Mr. Boling pointed out in the last STVRAC meeting in February, 2016, the committee reviewed a recommended revised schedule for citations and fines which added items to the existing fine schedule such as vacation rental parking violations, failure to maintain up-to-date rental manager contact information, and commercial event violations which will have a stringent fine. He reminded the Committee of the discussions regarding failure to obtain or maintain a County vacation rental license wherein the Committee asked for reconsideration of the fine amount proposed; hence, the proposed revision on Page 3 of the Citation Ordinance was increased from $25 per day fine to $100 per day fine. A lengthy discussion ensued by the Committee members and the general public regarding once compliance was reached, after having been allowed 30 -days to correct, and should the same violation repeat, the fine would start again, accumulating until the license was obtained, without an additional 30 -day warning. Discussion included debating a $100 a day fine versus $500 a day fine. Mr. Roland DeBlois, Chief Environmental & Code Enforcement confirmed the proposed revised schedule of fines was consistent with other County's Code Enforcement fines. He pointed out when Code Enforcement issued a renewal license violation, an additional 30 -day warning was provided, given the time frame of the license renewal (3 years); however, with a general violation such as a parking violation, should compliance occur one week and then the next week, violation occurs again, another 30 - day warning would not be given. He stated some discretion was provided as to the duration between warnings. .4c FtO.A-L QP -c-. T:3 V, e, sokcau [t ON MOTION BY Dr. DeWaters, Sr., SECONDED BY Mrs. Waldrop, the members voted 5-1 (Molinari opposed) to adopted staffs recommendation for a 30 -day warning, then $100 per day for not having a license; not including any other violation. b. Committee Recommendation on Ordinance Establishing Local License and Additional Regulations - Action Required Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 9, 2016, entitled ""Consideration of Proposed Ordinance Establishing a Requirement for a County Vacation Rental License and Vacation Rental 2 Short Term Vacation Rental/Unapproved March 17, 2016 C•\Users\StanWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNOXMinutes 3 17 16.docx Attachment 6 147 Regulations", with Attachment 1 (draft Ordinance), providing overview and analysis concerning the Committees review and considerations of various issues, topics, and data related to vacation rentals over the past several months a nd 5 committee meetings effecting the proposed draft ordinance to be presented to the Board of County Commissioners (BOCC) for consideration. He reminded the Committee the proposed ordinance did not change the existing definition of vacation rental, the vacation rental parking requirements or the prohibition of commercial events at a residence, adopted by the BOCC in September, 2015. Mr. Glenn Heran arrived at 10:25 a.m. Chairman Powell suggested to break down discussions into two parts: (1) discussion regarding occupancy limits; and (2) review of all recommendations. ON MOTION BY Vice Chairman Paladin, SECONDED BY g e c 0� Dr. DeWaters, Sr., the members adopted staffs d�� recommendations, excluding the sleep occupancy limit portion of the proposed draft Ordinance. UNDER DISCUSSION, lengthy discussions ensued by the Committee members and the general public regarding additions and/or deletions to the proposed draft Ordinance. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. ' Curtis, the members- voted unanimously (7-0) to delete Section 1, Item 7.6 regarding posting of "Walk-in clinic information" of the proposed draft Ordinance. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Curtis, the members voted unanimously (7-0) to direct staff 'to reword Section 1, Items 6.d and 7.4, by including reference with Chapter 974 regulations compliance, ,and to include a brief description of day . O -A and night decibel levels and the no disturbance hours. o�,Mci _V ON MOTION BY Mr. Curtis, SECONDED BY Mr. Molinari, the members recommended staff to add a requirement for a Carbon Monoxide detectors for interior gas appliances. UNDER DISCUSSION, a statement was made by Mr. Taylor regarding the definition of a public lodging establishment. Dr. Conway announced he had a statement to be read into the record; however, he wished to reserve the statement for the end of conversation. Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local\Nlicrosoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx Attachment 6 148 THE CHAIRMAN CALLED THE QUESTION, and the Motion passed 5-2; Heran and Waldrop opposed. THE CHAIRMAN CALLED THE QUESTION, regarding overall staff recommendations to the proposed draft Ordinance, and the Motion passed unanimously 7-0. Lengthy discussions ensued by the Committee members and the general public regarding the number of sleeping occupants per bedroom allowed, the definition of an adult, whether to consider the property size of the residence when determining occupancy limits to ensure quiet enjoyment in a residential neighborhood. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Heran, the members recommended the occupancy limits be set at two adults per bedroom, plus two adults, not including children under 12. UNDER DISCUSSION, opinions were voiced regarding total occupancy not regulated, whether occupancy limits complied with septic tank standards., impacts of short term rentals on neighborhoods, occupancy regulated by heads on beds and the age limit of a child. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Heran, the members voted (2-5, Powell Molinari, Curtis, Waldrop and DeWaters opposed) which FAILED DUE TO THE LACK OF MAJORITY, to recommend the occupancy limits be set at two adults per bedroom, plus' two adults, not including children under the age of 16. 1 o� { �Na CC, ON MOTION BY Vice Chairman Paladin,. SECONDED B Mr. Heran, the members voted unanimously (7-0) to recommend the occupancy limits be set at two adults per bedroom, plus two adults, not including children under the age of 18. Dr. Conway read a statement of disagreement into the record. A copy of the statement is on file in the Commission Office. Mr. Heran left the meeting at 11:50 a.m. 4 Short Term Vacation Rental/Unapproved March 17, 2016 C-\Users\stan%AppOata\LocaMAicrosoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNOWinutes 3 17 16.docx Attachment 6 149 Other Business — Joe Paladin, Vice Chairman a) Recommendation on "Progress Report" Two Years After Adoption of New Ordinance ON MOTION BY Vice Chairman Paladin, SECONDED BY Mrs. Waldrop, the members voted unanimously (6-0) to recommend staff bring back to the Board of County c v.v, Oct 7 Commissioners one-year after adoption, a comprehensive review of the regulations this Committee has recommended. Other Matters Mr. George Lamborn read into the record a Statement. A copy of this Statement is on file in the Commission Office. Adiournment There being no further business; the meeting adjourned at 12:07 p.m. No further meetings were scheduled for the Short Term Vacation Rental Advisory Committee. 5 Short Term Vacation Rental/Unapproved March 17, 2016 C-\Users\stan\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\3KNSCNNOXMinutes 3 17 16.docx Attachment 6 150 12. DEPARTMENTAL MATTERS A. Community Development 1.0::11 1. Consideration of Recommendations from the Short Term Vacation 11.111. Rental Advisory Committee (STVRAC) (memorandum dated March 29, 2016) 151-173 ----------------------------------------------------- ------ ------ 51.173 County Attorney Reingold announced that the County could not. adopt an Ordinance or a regulation that: prohibits vacation rentals and that the .Board would not he taking final action on this "ratter at. this meeting. Community Development Director Stan Boling Save a brief history of Short Term Vacation rentals and reviewed the recommendations by the Short Term Vacation Rental Advisory Committee (STNfRAQ as follows: (1) that additional vacation rental regulations were needed; (2) keep ""changed "vacation rental" definition, prohibition on commercial events at residence; and (3) vacation rental parking limitations. Ile added that the STVRAC proposed (lie following three items for consideration by the Board: 1. Proposed Vacation Rental Ordinance 2. Proposed.schedtile of lines/citations for violation of vacation rental and commercial event at residence violations 3. 1Zecommend "progress report" one (1) year after adoption of Vacation Rental Ordinance fIe proposed the Board direct staff to: (1) initiate the formal process to amend the Land Development Regulations; (2) present a tines/citations resolution; and (3) present a formal motion on "progress report" at time ot'LDR hearing. A question was raised whether the County could look at an individual's short term rental license and match up the sales tax revenue. Cleric of Circuit Court and Comptroller Jeff Smith replied he would be bringing to the Board a recommendation to sign a contract with the State of Florida to share information on those NN -ho have short term rental licenses in order to collect the tourist tax revenue; however, it had both its advantages and disadvantages and he was investigating how to proceed. lie said the State would notify the Clerk if a license was executed for a short term rental and Ire would be monitoring it. 71e pointed out that the Clett of Courts had the authority to require the licensee to bring in their hooks and records to be audited. Board of County Commission Minutes Page 8 April 12, 2016 Attachment 7 151 The Board sought and received information from Director Boling on limiting the number of occupants in short-term rental houses, the demand on septic tanks, and site specific complaints. Chairman Solari opened the floor for public input at 11:27 a.m. Glenn Powell, 12845 Bay Street, member of the Short Term Rental Advisory Committee and owner of. Short Term Vacation Rentals summarized the tasks and actions of the committee. George Lamborn, 2111 Via Fuentes, President of the South Beach Property Owners association said the Indian River Neighborhood Association, South Beach Property Owners Association and North Beach Civic Association represent the interests of 99% of the property oWriers who own property for no other reason than quiet enjoyment of their residences, and whose quality of life and property value is at risk from commercialization of the neighborhood. He felt the handpicked - Short Term Rental Advisor- Committee was dominated by Short Term Rental operators. A'lr. Lamborn stated he had asked that the concluding written statements to the Short Term Rental Advisor, Committee be made part of the record. Colleen Rosenbaum, resident of Indian River County and owner of a Short Term Vacation Rental Home, spoke on her experience with the Short Terni Vacation Rentals and felt it was a bonus. for the community because sometimes the renters come back to make Vero Beach their permanent residence. The Board sought information from Ms. Rosenbaum regarding her short term, rental home. Slip suggested that the County offer a course to Short: Term Rental Owners educating there on the rules to be in compliance. Carter Taylor, Chairman of the Land Use Committee for the Indian River Neighborhood Association and the South Beach Property Owners, spoke on protecting the quality of life in Indian River County and his concerns with the Short Term Rental Advisory Committee. The Board recessed for lunch at 12:19 aaii ,.and reconvened the meeting at 12:49 pan. with all members present. Joseph Paladin, Black Swan Consulting, representing District 2 on the Short Term Rental Advisory Committee, said the committee had a hard time agreeing on anything. He opined on Board of County Commission Minutes Page 9 April 12, 2016 Attachment 7 152 the number of occupants allowed in the vacation rental. Dr. Miles Conway, 2340 AIA Highway, disagreed with the recomniendatiuns contained in the proposed draft Ordinance made at the March 9; 2016 Short Term Rental Advisory Committee Meeting and asked the Board for an opportunity to discuss their side, which was not considered at the meeting. Ile read into the record, a letter from 'fuck Ferrell, President of the North Beach Civic Association, who was unal►le to attend the Board meeting. He claimed that statements were redacted frons the minutes and staff's review of the Monroe County Ordinance was not recorded at a meeting of the Short 'Perm :[cental :advisory Committee. 1)r. Conway wanted an opportunity for the Monroe County Ordinance to be heard and a fair hearing at a Planning and Zoning Coninrission Meeting in regards to Short Term Rentals. A 'discussion ensued regarding the minutes of the Final Short Term Rental Advisory Committee, and it was suggested to direct. the County Attorney to add an appropriate addendtrrn to reflect the information in the March 9, 2016 Short Term Rental Advisory lneeting minutes. ON iV OUON by Commissioner O'Bryan, SECONDED by Chairman golari, the Board voted unanimously to. direct the County Attorney to add an appropriate addendum to reilect.Dr. Miles Conway -and Mr. Taylor Carter's statements in the March 9, 20.16 Short "Perm Rental Advisory meeting minutes. ON MOTION by Commissioner O'Bryan, SEC' N:DE'n by Vice Chairman Flescher, the Board unanimously directed staff to: (1) initiate the formal Land Development Reg_ ulation (LDR) amendment process, with the Planning and Zoning Commission (P&Z) to look further into: (A) the occupancy issues, both overall and related to (a) houses that are on septic systems; and (b) children cinder the age of 18; and (B) adoption of the recommended Vacation Rental Ordinance; (2) present a Vacation Rental Violations Fine Schedule Resolution for the Board's consideration at the tide that the Vacation Rental Ordinance is presented for final adoption; and (3). include a recommended Motion' for a Vacation Rental Ordinance future "-progress report" for the Board to consider at the time that the Vacation Rental Ordinance is considerer) for formal adoption. Board of County Commission Minutes April 12, 2016 Page 10 Attachment 7 153 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, May 26, 2016 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2015. Present were members: Chairman Alan Polackwich Sr., District 2 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; Jordan Stewart and Todd Brognano, Members -at -Large; and Shawn Frost, non-voting School Board Liaison. Charles Rednour, District 1 Appointee and Maria Caldarone, District 3 Appointee, were absent. Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; Roland DeBlois, Environmental and Code Enforcement Chief; and Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none. Approval of Minutes ON MOTION BY Mr. Stewart, SECONDED BY Dr, Day, the members voted unanimously (5-0) to approve the minutes of the April 14, 2016 meeting as presented. Item on Consent Chairman Polackwich read the following into the record: A. Osprey Village: Request for major site plan and preliminary plat approval for a 56 -unit multiple -family residential development to be known as Osprey Village, the relocation of an existing golf hole, and the creation of a 2.86 -acre future commercial tract. GH Vero Beach PZC/Unapproved 1 May 26, 2016 FABCC\A11 Committees\P&Z12016—AGENDAS & MINUTESTZC 052616.doc Attachment 8 154 Development, LLC, Owner. Masteller & Moler, Inc., Agent. Located at the southeast corner of the Indian River Boulevard and 531d Street intersection. Zonings: RM -6 (Residential Multi -Family up to 6 units/acre) and CG (General Commercial). Land Use Designations: M-1 (Medium - Density Residential 1 up to 8 units/acre) and C/I (Commercial/Industrial). Density: 5.88 units/acre (SP -MA -16-05- 09/2003010231-76303) [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. He stated that as this item involves improvements in Grand Harbor where he resides, he consulted Mr. Stan Boling, Community Development Director as well as Mr. Bill DeBraal, Deputy County Attorney and they didn't feel that this would cause a him to make an unbiased decision. He asked if any of the other commissioners felt that this would cause a voting conflict for him and they stated that they did not. ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing Chairman Polackwich read the following Into the record: A. Consideration of Proposed Vacation Rental Ordinance Establishing a Local License Requirement and Vacation Rental Regulations [Legislative] Chairman Polackwich summarized his understanding that this case involved three recommendations that the Board is being asked to consider which are 1) the Ordinance; 2) a recommendation to the Board of County Commissioners (BCC) regarding fines for violations of the Ordinance; and 3) recommendation to the BCC with respect to a one-year progress report. Mr. Stan Boling reviewed information regarding the proposed ordinance and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He explained that the definition of "vacation rental" in this context is a "residential unit rented or leased more than three times a year for less than thirty days or advertised for rent for less than thirty days" and that this definition is already in the County Code and matches the State definition as well. PZC/Unapproved 2 May 26, 2016 F:\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 052616.doc Attachment 8 155 Mr. Boling reviewed the county's vacation rental history since the 1980's and discussed the two ordinances adopted by the BCC in 2015 regarding commercial events at residences and parking regulations at vacation rentals. He went on to describe the purpose and results of the Short Term Rental Vacation Rental Advisory Committee (STVRAC) that was established in 2015 to draft a proposed ordinance. Mr. Boling outlined the proposed short term vacation rental ordinance and schedule of fines that he recommended the Board approve. He clarified that the intent of the ordinance is to bring vacation rentals out of the shadows with reasonable regulations, streamlined and efficient processes, appearances similar to neighboring conventional residences rather than commercial establishments, and a plan for enforcement and fines. 1) Obtain a three-year County license with an inspection by a Code Enforcement officer prior to initial issuance and at the time of renewals; 2) State license, business tax receipts and local tourist tax account obtained; 3) State fire items to include smoke alarms, fire extinguisher and emergency lighting; 4) Carbon monoxide detector if gas is used; 5) Maximum sleeping occupancy limits of two persons per bedroom plus two additional persons unless the applicable septic capacity is less. The septic capacity is determined by the Health Department if the unit is on a septic system; 6) Manager contact that is kept up to date; 7) Posting/displaying safety and "good neighbor" information; 8) Occupancy limit must appear on all advertisements and rental offerings; 9) Proposed fines and citations include A) Commercial event at residence $1000 first violation and $5000 per violation thereafter; PZC/Unapproved 3 May 26, 2016 FABCCWII CommitteesT&Z\2016-AGENDAS & MINUTESIPZC 052616.doc Attachment 8 156 B) Parking fine of $50 per vehicle per day and $100 per vehicle per day for repeat violations; C) $100 per day after thirty business day window to obtain license; D) $100 per violation for contact information violation. 10) One year after adoption of the ordinance, staff is to prepare and present a progress report to BCC at a BCC meeting. Chairman Polackwich suggested including a definition of "bedroom", a tenant disclosure agreement and the fact that general residential regulations apply, to the ordinance. He proceeded to open the public hearing to the public. Ms. Sharon Kramer described her family's vacation rental business and the fact that she felt that some neighboring residents seemed to be trying to put her family out of business. She expressed her opinion against the proposed occupancy limits. Mr. George Lamborn, Vice President of the South Beach Property Homeowner's Association (SBPHA), voiced his opinion that the STVRAC had failed in their assigned task and spoke of short term vacation rentals that cause discomfort and lack of security to adjacent property owners. Ms. Carol Lewis, real estate broker in Indian River County since 1976, spoke out against short term vacation rentals in her Angler's Cove neighborhood as well as public parks being used for overflow parking for these rentals. Discussion ensued as to the number of current state licenses for short term rentals in the county versus the number of complaints logged and whether the same properties are repeatedly getting the complaints. Mr. Joseph Paladin, Vice Chairman of the STVRAC, discussed the thought processes around some of the committee's decisions and clarified that all of the motions made were passed unanimously, despite the fact that members were split on their positions on vacation rentals in general. He stressed that the committee was created to regulate vacation rentals and not infringe on the rights of the proprietors nor the those of their neighbors. Dr. Miles Conway, President of the SBPOA, reviewed information regarding the proposed ordinance and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He stated that he attended every PZC/Unapproved 4 May 26, 2016 F SCMAII CommitteesTU\2016—AGENDAS & MINUTESIPZC 052616.doc Attachment 8 157 STVRAC meeting and argued that the psychological and physiological well-being of the residents neighboring vacation rentals was not addressed. He reviewed the ordinances that this Board passed on August 13, 2015 regarding parking at vacation rentals and commercial events at single family, homes and went on to expose several specific violations since then as well as methods vacation rental proprietors have devised to circumvent the ordinances. Dr. Conway displayed a document showing thirty-one vacation rentals licensed by the state in Indian River County and discussed the more than five hundred that are advertised on the Internet for this county. He produced examples of the villainization of neighbors protecting their properties from vacation rental clients in Indian River County as well as around the world and exhibited several national news articles relating to the Airbnb website regarding lawsuits, misconduct, discrimination and noncompliance. Dr. Conway discussed the fact that the number of complaints that staff disclosed did not take into account the countywide discord nor the complaints to the state, city, sheriff's office, county commissioners, civic associations or the media, nor petitions or citizens too afraid to come forward for fear of reprisal. He described vacation rentals bringing down the property assessments in the neighboring homes and gave several examples. Regarding the proposed ordinance for three-year short term vacation rental licenses, Dr. Conway argued that it conflicted with and was of a lesser standard than the state license of one year. He also felt that the proposed fines for noncompliance were too low. Regarding the proposed noise ordinance, Dr. Conway argued that it is unenforceable as county law enforcement officers do not carry decibel meters. He presented examples of noise ordinances in other -counties and suggested a prohibition on outdoor amplified noise at vacation rentals at all times subject to fines of $250 for the first offense and $500 for second and subsequent offenses. Dr. Leigh Hoppe reported that she is an unhappy next door neighbor of a vacation rental where numerous parties and events are held and contended that it interferes with the personal enjoyment of her own property. Dr. Oscar Santi testified that he is a neighbor of Dr. Hoppe and that his home has been burglarized two times in the past year which he felt was due to the neighboring vacation rental. He stated that his family no longer feels safe in their own home and stressed that vacation rental proprietors should not have the ability to so negatively affect the lives of the neighboring homeowners. PZC/Unapproved 5 May 26, 2016 F:\BCCWI Committees\P&Z\2016—AGENDAS & MINUTES\PZC 052616.doc Attachment 8 158 Dr. Walter Forman testified that as a neighbor of a vacation rental property, the noise made by the renters often shakes his windows. In addition, the parking is out of control to the point that there are times he cannot even get into his own driveway. Renters trespassing across his property have forced him to add a gate and fence that he doesn't want. He concluded that he's very discouraged that he no longer lives in a quiet neighborhood. Dr. Conway spoke regarding occupancy limits at vacation rentals and presented examples of ordinances in other Florida counties. The SBPOA recommends that the overnight maximum sleeping occupancy of a vacation rental unit not exceed a) for a unit served by public sewer, the lesser of two persons per bedroom or ten persons; and b) for a unit served by an on-site sewage treatment and disposal system (septic system), the lesser of 10 persons or two persons per bedroom or the number of persons accommodated by the system as determined by the health department. Dr. Conway remarked that vacation rentals are considered a business in the eyes of insurance companies and as such are not covered under a homeowner's policy in the way of personal liability coverage; a commercial liability policy is required. He proceeded to field questions from the Commissioners as well as members of the public regarding occupancy limits, noise standards and morals in regard to short term vacation rentals. Mr. Glen Powell, chairman of the STVRAC and owner of four vacation rentals in Roseland, asserted that vacation renters do not have the monopoly on bad behavior and questioned the motivation of people that want to put a stop to vacation rentals rather than letting good landlords continue to do what they do while eliminating the few that behave badly. He continued that he was offended by earlier comments implying that the residents of high-value homes on the barrier island should have more of a say on this topic than those with more modest homes on the mainland. He said that this elitist attitude is offensive and detracts from what the county commissioners asked the STVRAC to do. He stated that we have to be very careful about putting out the message to the world that "we hate tourists" and that if the rules become too restrictive, there will be black market rentals operating without safety standards that do not collect lodging taxes. He explained the logistics of his rental properties in regarded to leases as well as how Airbnb works and the fact that he's observed them distributing taxes incorrectly. Chairman Polackwich suggested that they close the public hearing and tackle the issues at a subsequent meeting. He advised that perhaps adequate time to digest all of the information as well as sufficient rest would better allow the commissioners to decide the matters properly. PZC/Unapproved 6 May 26, 2016 FABCCWII Committees\P&Z\2016—AGENDAS & MINUTES\PZC 052616.doc Attachment 8 159 ON MOTION BY Dr. Day, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to extend the self-imposed meeting adjournment deadline to include the remainder of the public hearing. Ms. Bronia Jenkins informed the Board that the wedding photos taken on the beach that Dr. Conway displayed were for an event that was in fact booked over a year ago and grandfathered under the August 2015 ordinance. She went on to say that in regard to the vehicles parked at the nearby public park, she had contacted the sheriff's office in advance and was given permission to do so. She pointed out that short term vacation rentals are a part of the Florida economy and perhaps the Board could go after the more than four hundred unlicensed rentals in the county rather than those that are licensed and doing the right thing. Dr. Conway clarified that the positon of the SBHOA is that vacation rentals belong in commercial and not residential areas. Chairman Polackwich closed the public hearing and opened a discussion regarding the possibility of continuing the meeting at a later date due to the late hour. A "special" meeting was called for June 2, 2016 in lieu of waiting for the next scheduled meeting so that the recommendations could be presented to the Board of County Commissioners in June before they go on vacation for the summer. The two board members not in attendance tonight will be able to watch the recording of the meeting beforehand and receive copies of Dr. Conway's PowerPoint presentation. ON MOTION BY Mr. Emmons, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to continue the agenda item to a special meeting held on June 2, 2016 at 7:00 p.m. Commissioner's Matters There were none. Planning Matters Mr. Boling advised that there would be no need for a June 9, 2016 meeting. PZC/Unapproved 7 May 26, 2016 F.\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 052616.doc Attachment 8 160 Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 11:32 p.m. Chairman Alan Polackwich Date Lisa Carlson, Recording Secretary Date PZC/Unapproved 8 May 26, 2016 F:\BCCXAII Committees\P&Z\2016—AGENDAS & MINUTES\PZC 052616.doc Attachment 8 161 PLANNING AND ZONING COMMISSION There was a special call meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, June 2, 2016 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircqov.com/Boards/PZC/2015. Present were members: Chairman Alan Polackwich Sr., District 2 Appointee; Maria Caldarone, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; Jordan Stewart and Todd Brognano, Members -at -Large. Charles Rednour, District 1 Appointee, and Shawn Frost, non-voting School Board Liaison, were absent. Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief of Current Development; and Lisa Carlson, Recording Secretary. Call to Order.and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Public Hearing (continued from May 26, 2016 meeting) A. Consideration of Proposed Vacation Rental Ordinance Establishing a Local License Requirement and Vacation Rental Regulations [Legislative] Chairman Polackwich summarized that this is an ordinance adoption process which requires a public hearing with this commission that in the end will make a recommendation to the Board of County Commissioners (BCC). He went on to remind the commissioners that they had opened a lengthy public hearing the week before and closed it and that tonight they would sift through alternatives on some of the issues and ultimately come up with an ordinance to recommend to the BCC. He stated that while he does not intend to reopen the public hearing, our county does have a spirt of audience participation so as motions are made, he will give members of the audience an opportunity to speak on that specific motion, provided it is not a repeat of previous testimony, PZC/Unapproved 1 June 2, 2016 F.\BCC\AII CommitteesT&M2016—AGENDAS & MINUTESIPZC 060216.doc Attachment 8 162 Mr. Stan Boling, Community Development Director, reviewed in detail items discussed at the May 26, 2016 public hearing that have been tentatively added to the proposed ordinance. Chairman Polackwich suggested a tentative motion to approve the following items that were added to the proposed ordinance as the commissioners appear to be in agreement. He went on to say that after all tentative motions have been voted on, there will be a final motion to adopt the ordinance as revised. (9)(a) For purposes of vacation rental regulations, "bedroom" is defined as follows: any room used principally for sleeping purposes and meeting applicable building code requirements for a bedroom. (9)(c)7d Noise regulations: Chapter 974 noise regulations which include day and night decibel level limitations, more stringent "no disturbance" requirements from 10 p.m. to 6 a.m., and no excessive noise that would cause annoyance to any reasonable person of normal sensitivity. (9)(c)8 Acknowledgement that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the county code enforcement officer and shall thereafter be continuously posted or displayed inside the vacation rental unit. (9)(c)8-4 Noise regulations day and night decibel level limitations, more stringent "no disturbance" requirements from 10 p.m. to 6 a.m., and no excessive noise that would cause annoyance to any reasonable person of normal sensitivity. (9)(c)10 Acknowledgement that the owner or manager shall provide in writing to each rental party prior to the party's use of the vacation rental unit a copy of the information required to be posted or displayed in paragraph (c)8 above. ON TENTATIVE MOTION BY Mr. Emmons, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve revised staff recommendations for items (9)(a), (9)(c)7d, (9)(c)8-4 and (9)(c)10 of the proposed vacation rental ordinance. At the request of Chairman Polackwich, Mr. Glen Powell, chairman of the Short Term Vacation Rental Advisory Committee (STVRAC) and owner of four PZC/Unapproved 2 June 2, 2016 F:\BCC\All Committees\P&Z\2016-AGENDAS & MINUTES\PZC 060216.doc Attachment 8 163 vacation rentals in Roseland, discussed at length current procedures for providing renters with information about each specific rental unit and answered questions by commissioners. The commissioners discussed item (9)(d)7 "The local license number, and the occupancy limit confirmed by the county code enforcement officer, shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit' and suggested adding verbiage relating to sea turtle information for properties east of highway A1A, parking limitations and noise regulations. In addition, they felt that item (9)(c)10 should be removed. Dr. Miles Conway, President of the South Beach Property Owners Association (SBPOA) challenged the commissioners regarding their expectations about this aspect of the ordinance. He maintained that in the majority of short term vacation rental transactions, there was very little communication between the owner and renter and that this paperwork would not be a deterrent to poor conduct. ON TENTATIVE MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (6-0) to approve revised staff recommendations for item (9)(d)7 of the proposed vacation rental ordinance and to remove item (9)(c)10. Mr. Bill DeBraal, Deputy County Attorney, reviewed the addition of (9)(e) regarding the interim operation of vacation rental units, (9)(f) regarding phased in reduction in overnight maximum sleeping occupancy and (9)(g) regarding claim of contract impairment. ON TENTATIVE MOTION BY Mr. Emmons, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve revised staff recommendations for items (9)(e) and (9)(g) to be added the proposed vacation rental ordinance. The commissioners discussed item (9)(b) regarding the proposed three- year transferable license issued by the county for all short term vacation rentals and received clarification from Mr. Boling. PZC/Unapproved 3 June 2, 2016 F•\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 060216.doc Attachment 8 164 Mr. Joseph Paladin, Vice Chairman of the STVRAC, voiced his opinion as to the legality of a three-year county license versus a one-year license that matches the state requirement. Dr. Conway spoke out against the three-year county license and suggested an annual renewal of the license with home inspections every three years. ON TENTATIVE MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted (5-1) to approve staff recommendations for item (9)(b) that the county licenses will be of a three-year duration. Mr. Emmons was the opposing vote. ON TENTATIVE MOTION BY Mr. Brognano, SECONDED BY Ms. Caldarone, the members voted unanimously (6-0) to approve staff recommendations for item (9)(b) to retain -the existing language regarding transferable licenses. The commissioners debated item (9)(d)4 regarding the overnight maximum sleeping occupancy of vacation rentals. Staff recommendation is that the overnight maximum sleeping occupancy of a vacation rental unit shall not exceed the following: a. For a unit served by public sewer service, two persons per bedroom plus two additional persons. b. For a unit served by an on-site sewage treatment and disposal system (septic/d ra infield system), two persons per bedroom plus two additional persons or a number of persons accommodated by the system as determined by the health department, whichever number of persons is less. The unit occupancy limit confirmed by the county code enforcement officer shall be stated on the local license. Ms. Sharon Kramer described her family's vacation rental business and expressed her opinion against the proposed occupancy limits. Mr. Paladin discussed the thought process behind the STVRAC's sleeping occupancy limits and the new proposal for a cap of ten persons for any rental unit. PZC/Unapproved 4 June 2, 2016 FABCC\AII Committees\P&Z\2016—AGENDAS & MINUTES\PZC 060216.doc Attachment 8 165 Mr. Carter Taylor, treasurer of the SBPOA, discussed the necessity of a cap on maximum sleeping occupancy of vacation rentals. He felt that not having a cap could provide incentive for future developers to include more bedrooms in order to circumvent the ordinance. Mr. Powell reminded- everyone that the purpose of this ordinance was to minimize disruption in neighborhoods containing vacation rentals which was largely taken care of when the county passed the ordinance last year limiting commercial events in residential areas. He felt that staffs occupancy recommendation was a perfect scenario that protected property -owners as well as renters. Dr. Conway spoke out against staffs recommendation. ON TENTATIVE MOTION BY Ms. Caldarone, SECONDED BY Mr. Stewart, the members voted (5- 1) to adopt staff recommendations for item (9)(d)4 regarding overnight maximum sleeping occupancy of a vacation rental unit. Mr. Emmons was the opposing vote. The commissioners debated item (7)(d) regarding noise regulations that coincide with county's Chapter 974 regulations which include day and night decibel level limitations, more stringent "no disturbance" requirements from 10 p.m. to 6 a.m. and no excessive noise that would cause annoyance to any reasonable person of normal sensibility. ON TENTATIVE MOTION BY Mr. Emmons, SECONDED BY Dr. Day, the members voted unanimously (6-0) to adopt staff recommendations for item (7)(d) regarding noise regulations at a vacation rental unit. The commissioners discussed a recommendation by the SBPOA that requires vacation rental owners to submit evidence of commercial vacation rental liability insurance with their application for a county license. No motion was made. The commissioners discussed item (9)(c)6 in the proposed ordinance requiring verification and inspections by vacation rental owners that are served by on-site sewage treatment and disposal systems. PZC/Unapproved 5 June 2, 2016 F:\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 060216.doc Attachment 8 166 Mr. Jeff Zurface, vacation rental owner, stated that his rental has a septic system but the health department has no record of it. He was advised of the existing process of getting an evaluation of the system by a septic contractor and turning it in to the health department. Mr. Taylor stated that he attended five out of six STRVAC meetings and had pointed out that there is a requirement under state law for septic inspections for properties changing their use. ON TENTATIVE MOTION BY Mr. Emmons, SECONDED BY Ms. Caldarone, the members voted unanimously (6-0) to adopt staff recommendations for item (9)(c)6 regarding on-site sewage treatment and disposal systems at vacation rental properties. Chairman Polackwich invited a motion which incorporates the changes made tonight to staffs recommendations. Mr. Taylor discussed his concern that under Florida law, vacation rentals are considered to be public lodging establishments and as such require public accommodations. Therefore, if a vacation rental does not provide access to the disabled then they are being discriminated against under the Florida civil liberties. ON MOTION BY Ms. Caldarone, SECONDED BY Mr. Stewart, the members voted (5-1) to adopt staff recommendations with the changes made at this meeting for the vacation rental ordinance. Mr. Emmons was the opposing vote. Mr. Boling reviewed the proposed schedule of fines that would be imposed for violations for the vacation rental ordinance. a) Parking fine of $50 per vehicle per day and $100 per vehicle per day for repeat violations; b) $100 per day after thirty business day window to obtain and maintain license; C) $100 per violation for contact information violation; d) Commercial event at residence $1000 first violation and $5000 per violations thereafter. PZC/Unapproved 6 June 2, 2016 F:\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 060216.doc Attachment 8 167 After discussion by the commissioners and Mr. DeBraal, the following was added to the schedule of fines. e) Noise violations will be addressed separately with $100 for the first occurrence and any subsequent incidents will be $300. Mr. Taylor voiced his opinion against the proposed fines, particularly for the more expensive rentals. He also felt that there should be a provision for the property -owner having their license suspended or revoked for repeat offenses. Chairman Polackwich responded to Mr. Taylor's remarks that this had been addressed at the first meeting and the advice of the county attorney's office was that we as a county cannot revoke licenses as this is part of the prohibition preemption that we cannot stop people from having vacation rentals. Repeated violations would have to be dealt with by the court system. Mr. DeBraal explained that repeat violations would be reported to the Department of Business and Professional Regulation (DBBR), who could take action against the state issued license. They could suspend or revoke the state issued license which would put the unit owner in violation of our county code because they are required to have a state license in order to have a county license. He went on to point out that vacation rentals are viewed the same as a hotel/motel where law enforcement eviction authority was concerned and the business owner can- work together with a sheriffs deputy to immediately evict violators from the premises. Mr. Zurface inquired as to when an owner would be notified of fines because they have thirty days to refund the vacation rental deposit. Mr. Boling replied that the manager/owner would be notified immediately of any problems brought to the attention of code enforcement staff. Dr. Conway questioned whether the noise violations would be imposed under 974.03 or 974.05 and who would be the fining officer. He pointed out that out of the 1492 noise complaints in the county last year, only one made it to code enforcement and there was no fine while three were arrested by law enforcement but for battery rather than noise. Mr. Boling replied that both ordinances would be used and can be enforced by both code enforcement and law enforcement. PZC/Unapproved 7 June 2, 2016 F:\BCC\AII CommitteesTU\2016—AGENDAS & MINUTES\PZC 060216.doc Attachment 8 168 ON MOTION BY Mr. Emmons, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to treat noise violations separately than other violations with a $100 fine for the first occurrence and $300 for any subsequent incidents. There was a brief discussion regarding the progress report that would be prepared and presented by staff after one year of the ordinance. ON MOTION BY Mr. Emmons, SECONDED BY Dr. Day, the members voted unanimously (6-0) to adopt staff recommendations to have staff prepare and present a progress report to the BCC at a BCC meeting. Commissioner's Matters There were none. Planning Matters Mr. Boling advised that there would be no need for a June 9, 2016 meeting. Attorney's Matters There were none. Adiournment There being no further business, the meeting adjourned at 9:35 p.m. Chairman Alan Polackwich Date Lisa Carlson, Recording Secretary Date PZC/Unapproved 8 June 2, 2016 F:\BCC\All Committees\P&Z\2016-AGENDAS & MINUTES\PZC 060216.doc Attachment 8 169 /A a IjK a E Co -u o`ry v 1%W A -MCC Sec. 134-1. - Vacation rental uses. Special vacation rental permlt. (a) An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental, as defined in section 101-1, except as provided for under subsection (b) of this section. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit. Exemptions. (b) A vacation rental permit is not required for the following: (1) A vacation rental of a dwelling unit located within a controlled access, gated community with a homeowner's or property owner's association that expressly regulates or manages vacation rental uses; or (2) A vacation rental of a dwelling unit within a multifamily building located within a multifamily district, which has 24 hour on-site management or 24• hour on-site supervision that has received an exemption from the planning director. To meet these site management or supervision requirements, a designated individual must be physically located within the building or within 300 feet of the subject building and must be available at all times to respond to tenants' and neighbors' complaints. To obtain an exemption under the provisions of this section, the owner or agent must submit an application to the planning department in a form prescribed by the planning director. Vacation rental manager license. (c) A vacation rental manager license is required from the county planning department for an individual to be a vacation rental manager under the provisions of this section. The vacation rental manager shall be: (1) The designated contact for responding to complaints made by neighbors against vacation rental tenants; and (2) Responsible for maintaining the guest register, leases, and official complaint response records for a vacation rental unit as required by this section. Permit, license and fees. (d) (1) Special vacation rental permits will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application in a form prescribed by the planning director in accordance with subsection (f) of this section. (2) Vacation rental manager licenses will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application to the planning department in a form prescribed by the planning director. (3) The annual fees for the special vacation rental permit and vacation rental manager license shall be established by resolution of the board of county commissioners. (4) A decision to approve or deny a special vacation rental permit may be appealed to the planning commission within 30 days pursuant to section 102-185 Regulations. (e) All special vacation rental units, requiring a special vacation rental permit shall comply with the following regulations at all times: (1) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space. (2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically Attachment 9 Paee 1 170 designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit. (3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit. (4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11.00 p.m. and 9:00 a.m. on weekends. (5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day. (6) A tenants agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on premises, arrest'). (7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants, names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. (8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended. (9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal. (10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department as provided for in subsection (h) of this section. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change In the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling. (11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period Attachment 9 Page 2 171 of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours. (12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit. (13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit. Special vacation rental permit application. (OA complete special vacation rental permit application shall include the following: (1) The complete legal description, street address, RE number and location of the vacation rental unit; (2) Proof of ownership and the name, address and telephone number of each and every person or entity with an ownership interest in the dwelling unit; (3) An approved Florida State Department of Health or Florida State Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental unit; (4) The gross square footage of the dwelling unit, location and number of rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and any other information required to determine compliance with vacation rental requirements and compliance with this chapter; (5) A valid and current Florida Department of Revenue sales tax identification number under F S. ch. 212 (Florida Tax and Revenue Act) and a valid and current permit, license or approval under F S ch. 509 (public lodging establishments); (6) The name, address, and telephone number of the vacation rental manager, including the vacation rental manager's license number, (7) The applicant shall sign a written statement granting authorization to county code enforcement department to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of such permit, concerning compliance with the county land development regulations; (8) The application shall bear the signature of all owners, all authorized agents and authorized managers of the owners; and (9) Any additional information required to determine compliance with the provisions of this section. Notification to adjacent neighbors and permit, approval, issuance and appeal. (g) (1) The applicant or agent shall send a "Notice of Vacation Rental Use Application" by certified return mail to all property owners located within 300 feet of the dwelling unit which is the subject of the special vacation rental permit application, not less than 30 days prior to the date of approval of the application. The notice of application shall be in a form prescribed by the planning director or his designee and shall clearly state the name, address and day/evening telephone numbers of each and every vacation rental manager, agent, caretaker and owner of the dwelling unit; the number of the county code enforcement department; and a copy of the tenants agreement. Notice to the adjacent property owners must include the following statement: 'You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under section 102-185. You may have other rights that the county cannot enforce. Review of a special vacation rental permit application by the county will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record that may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights." Attachment 9 Page 3 172 (2) The applicant or agent shall provide proof to the planning department of submitting the "Notice of Vacation Rental Use Application." The special vacation rental permit shall not be issued until proof of this notification is provided and the special vacation rental permit has been approved by the planning director after completion of an on-site inspection of the subject dwelling unit by the code enforcement department. When approved by the planning director, the special vacation rental permit shall not be issued until 30 days after the notices of application were sent to all property owners located within 300 feet of the dwelling unit that is the subject of the permit. Fines or revocation of special vacation rental use permit. (h) A special vacation rental permit shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or a court of competent jurisdiction after a finding of a violation by the permit holder of this section, the special vacation rental permit or permit conditions or any material misrepresentation on the permit application, after the owner is given notice and a hearing is held by the planning commission, code enforcement special magistrate or a court of competent jurisdiction. Duration and renewal of special vacation rental use permit. (i) Special vacation rental use permits shall expire one year after the date of their issuance, unless renewed within 30 days of their expiration date. Renewal of a special vacation use permit requires the owner or agent to submit an application in a form prescribed by the planning director to the planning department and payment of a nonrefundable flee, including proof of a current license and registration under F.S. ch. 509 and F.S ch 212. Vacation rental manager license application, Issuance, renewal, fines, and revocation. G) (1) An individual shall submit an application for a vacation rental manager license in a form prescribed by the planning director accompanied with a payment of a nonrefundable fee. The license shall be issued for a period of one year and renewable annually. The license shall be for only one specific section of the county (Upper, Middle, or Lower Keys) and no individual shall apply for or be issued more than one vacation rental manager license at a time. (2) After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or court of competent jurisdiction upon a finding of: a total of two or more no responses'to complaints registered by the public concerning tenants not following the terms of the tenants agreement, during any single year of the vacation rental manager's license: or two or more violations of this section which are pertinent to the duties and responsibilities of a vacation rental manager. A vacation rental manager license shall be revoked if the license holder is found in violation of any of the regulations in subsections (k)(1)—(k)(3) of this section. (3) An individual who has had his license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two years after the date of revocation of his license. Prohibitions, enforcement, and penalties. (k) (1) It shall be unlawful for any landlord, tenant, agent or other representative of a landowner to rent, lease, advertise or hold out for rent any dwelling unit for vacation rental use in any district where a vacation rental use is prohibited, except as otherwise exempted under this section. (2) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any dwelling unit for a vacation rental use without a special vacation rental permit, except as otherwise exempted under this section. (3) After the effective date of the ordinance from which this section is derived, leases, subleases, assignments or any other occupancy agreements, for compensation for less than 28 days in duration: a. Shall not be entered into or renewed once they have expired or have terminated in any - district in which tourist housing use is prohibited or in any district in which a vOMNChrf"pl9 Page 4 173 use is allowed unless a special vacation rental permit, building permit, inspection and certificate of occupancy for the vacation rental use (or for the conversion of an existing dwelling unit to vacation rental use) are first obtained; and Any pre-existing vacation rental uses shall not be considered a lawful nonconforming use under section 102-56 and must be discontinued in any land use districts that prohibit vacation rental uses no later than 30 days after the effective date of the ordinance from which this section is derived. Except that a vacation rental use that was established, and had obtained all of the required state and local permits and licenses, prior to September 15, 1986, or under any Code provisions that expressly allowed vacation retail uses, may remain pursuant to section 102-56 (4) Section 8-36 shall not bar code enforcement for new vacation rental violations occurring after the effective date of the ordinance from which this section is derived. (5) Prima facie evidence of vacation rental uses of a dwelling unit shall include: a. Registration or licensing for short-term rental or transient rental use by the state under F.S chs 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments); b. Advertising or holding out a dwelling unit for vacation rental use; c. Reservations, booking arrangements or more than one signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of 28 days or less; or d. The use of an agent or other third person to make reservations or booking arrangements. (6) A violation of any of the regulations in subsections (k)(1) --(k)(3) of this section shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per unit, per violation. The code enforcement department may also enforce the terms of this section by bringing a case before the special magistrate pursuant to section 8-37, or by citation under section 8-35, F.S. § 162.21 (as may be amended), or 76435, Laws of Florida (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500 00 for each subsequent offense. (7) In addition to any other remedies available to the county (including code enforcement pursuant to F.S. ch. 162). The county or any or other adversely affected party may enforce the terms of this section in law or equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this section or to revoke a special vacation rental permit or vacation rental manager license, as set forth in this section. Attorney's fees and costs incurred in an action to enforce these regulations concerning vacation rental uses may be awarded to a substantially prevailing party at the discretion of the court. (Code 1979, § 9.5-534; Ord. No. 4-1997, § 22; Ord. No. 030-1999, §§ 1, 2; Ord. No. 44-2000, § 4) Attachment 9 Page 5 174 n -low iX Cowr-tb - riit Dorf dA KtUs had/www.moommnt Upper Keys 305.453.8806 Middle Keys 305.289.2810 bower Keys 305.292.4495 Filing a Complaint? Follow the link to our online complaint form bswmamemweubam& . Yoougne bWWRMoW . FyAadAA6 nwPwdlbmbw >- owm Nameett wPtuWW nWbmQmteweno0 f-Vmdq-d � llowdheoa�tcioeeoaamat th�pto�ety? =1 e..eroo racy ae.nR.lnllr�eaenn �O • VaMdeTAG';sootge�ma0es/Y(or�aiees a Code Compliance Department Division of Growth Management 2798 Overseas Hwy Sulte 330 Marathon. Fl. 33050 Phone: 305.289.2810 Fare 305.289.2858 www.raonroecouitty-ELgov County of Monroe 7Y L, +'�11.:�?l+rfn r4.L''14?..►1 1:�1_,,;�;ru::T, The purpose of the Code compliance Department 1s to promote, protect•, and Improve the bealtb, safety, and welfare of the citizens of Monroe county and the environment by providing equitable, expeditious, and effective enforcement of all County Codes while establishing a working partnership with Monroe County neighborhoods. lQihion Statement The mission of the Code Compliance Department Is to enhance and sustain the quality of life of citizens and the environment through effective, expeditious, and equitable enforcement and compliance with buildlug, zoning, land development, environmental, and other codes and ordinances that protect public health, life, safety, welfare, and natural resotuees. Information to know before you open your doors as a Vacation Rental 'i'�':'i��':' ^..ti�a '..'«'���e't�!•'�Ruai`�i. �.c':!F;".'hw.�'.y"'T".+..��5�' .. ...w � _ Overview of Vacation Rental Codes Does your zoning and/or land use district allowvacaden rentals? Ifyourhome Is located In an Improved Subdtvision (IS) or Urban Residential Mobile Home (URM) land use district: It Is unlawfW to rent or use a home as a short term (less than 28 days) rontal Dors your advertising comply with the county codes? All advertising should reflect 28 day minimum stay requirement and monthly rates for rental or lease. All rentals should be for 28+ consecutive days and to the same tenant • it is unlawful for arty tandlord. tenant; agent or other representative of a landowner to rant Is= advertise or hold out (offer ou0jbr rent aqy dwelling unit for vacation rental use in arW d&Wct where a vacation rental use (less than 26dgys) it prohibited Z�,1a,,oyou have a business tax license? >q` rentals (long-term and short-term, where gllowed) requirea business tax license. Ea0 305.295.5030 for more infornntion or rfsit online at -11tLp://www monroEraxcol1Pcwr.com10l J O� Work�,iKg 7'oajfther ti+ ta!�prrvt our Lives. Vacation Rentals mqy be allowed in the following Land Use Districts and require a Special Vacation Rental PermlC SR (Suburban Residential) MU (Mixed Use) UR (Urban Residential) IS -V (Improved Subdivision Vacation Rental) OS (Offshore Islands) Vacation Rentals are not allowed in the following Land Use Districts IS (Improved Subdivision) , URM (Urban Residential Mobile Home) IS -M (improved Subdivision Masonry) GALE ERRE YOU'itEl1►,T y�iir'hoine Please call ff you have any questions with regards to the allowable uses in your land use distrWzonhrg dlsdict Upper Keys Code Compliance 305.453.8806 Planning 305.453.8800 Middle Keys Code Compliance 305.289.2810 Planning 305189.2500 Lower preys Code Compliance 305.292.4495 Planning 305.2892500 Noise/DbUtrbonce Issues please contact the Sheriffs Office: Upper Keys 305.8533211 Middle Keys 305.2892430 Lower Keys 305.7453184 Special Paration Rental Permit Information You JmT obtuu me uVorm ao w to app$;/or a special., acation Rental Permit ly calfiug the PhrrmoNe brpartmemi &1 305.299.2100 or aue-ing the eowrA. wsbii6? Help141 Hint% 4n ovwei av .lpau a regannd to obtain an annhoi,r WWI metwua renatlpermnitiia zvdi dwelling anup lWto i Mbkg amu as a cararm rental. .f ea,:attom .roma pwm& it not ragrdrtd if a wcatioP rental o;'a dwrllb!,vWilt I&YXW WW. -n a i ono nlUd atter s, gated c o wuP4 with a hoffaow wa "Ai cv'pvapwa)' ow•mo''.V anariaaan dna ttWmaslyPegrdareyor manager s'awMw cental use, Ps',are:vlwl:•b'Nv'm.d!.q,..w♦�Yaraaarww,p! r also: AN—w rode., Rr. ,na.p,k•reur.'.�.alit wrateaea+o.ti:.at- Af9J14amill'.!�&ution rwt ab (w.W d in a mrultihiX06! dutriet matt have I'd how' nN-&3k supw waim that kin- tweived an nsruq t%tw /i am dePlmuungdn'rrilw: Pie mecauaet Ad Planning Dtpaonert for .Tp" iiA reaulFenrenk A <<a Gt gat AI'l'I,IC'iVY11)R MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT itF?. Request for a Special Vacation Rental Permit (Initial) Vacation Rental Application Fee: $493.00 This application andfee isfor initial applications only, not renewals. Vacation rental means a dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental except as provided for under Monroe County Code. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit. Date of Submittal: Month Day Year Applicant/Property Owner: Property Owner (Name/Entity) Contact Person (If Different Than Property Owner) Mailing Address (Street, City, State and Zip Code) uayume rnone Email Address Vacation Rental Manager: Vacation Rental Manager Name Address (Street, City, State and Zip Code) Daytime Phone Email Address Page 1 of 4 Attachment 9 nrsrant��ataA� 177 AITI,I CATI ON Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) Block Lot Subdivision Key (Island) Real Estate (RE) Number Street Address (Strect, City, State and Zip Code) Current Land Use District Designation: Vacation rentals may only be permitted in the following Land Use Districts: Urban Residential (UR), Suburban Residential (SR), Suburban Residential -Limited (SR -L), Improved Subdivision -Vacation Rental (IS -V) Destination Resort (DR), Commercial Fishing Special District 16 (CFSD-16), Mixed Use (MU) & Maritime Industries (MI) Vacation rental use of non -conforming dwelling units that are not deed restricted as affordable housing, employee housing or commercial apartments may be permitted in the following Land Use Districts: Urban Commercial (UC) & Suburban Commercial (SC) Vacation rental use of a dwelling unit in existence as of January 1, 2000 may be permitted in the following Land Use District: Offshore Island (OS) All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) ❑ Complete vacation rental application (unaltered and unbound) ❑ Correct fee (check or money order to Monroe County Planning & Environmental Resources) ❑ Current Property Record Card(s) from the Monroe County Property Appraiser ❑ Proof of ownership (i.e. Warranty Deed) ❑ Photograph of dwelling unit from adjacent roadway ❑ Floor plan of dwelling unit (showing square footage, building layout and types of rooms) ❑ Site Plan (including all property lines, structures, drives and parking spaces) ❑ Current and valid Monroe County Business Tax ❑ Current and valid Florida Department of Revenue Certificate of Registration (issued pursuant to Chapter 212, Florida Statutes) ❑ Current and valid Florida Department of Business and Professional Regulation license (issued pursuant to Chapter 509, Florida Statutes) ❑ Current and valid federal tax identification number ❑ Approved Florida Department of Health or Florida Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental ❑ Current and valid Special Vacation Rental Manager License (or copy of application for license) ❑ Copy of completed "Tenants Agreement" (please see attachment) ❑ Copy of completed "Notice of Vacation Rental Use" (please see attachment) Attachment 9 Page 2 of 4 1 0.1 1?••�•i.al WO -M1.1 rose w��aa,r �D� 178 ❑ Proof that the completed "Notice of Vacation Rental Use" and "Tenants Agreement" were sent by certified return mail to all property owners Iocated within 300 feet of the property on which the dwelling unit is situated, not less than 30 days prior to the date of approval of the application (this list should be compiled from the current tax rolls of the Monroe County Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit owner roust be included) ❑ An approved inspection report from the Office of the Fire Marshal verifying compliance with NFPA Life Safety Code 101 If applicable, the following must be submitted in order to have a complete application submittal: ❑ Notarized Agent Authorization Letter. (note: authorization is needed from all owner(s) of the subject property) If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additional information. Attachment 9 Page 3 of 4 179 A I'P 1, 1 (-'-ATI 0 N-' I certify that all provisions and regulations set forth in Monroe County Code, Vacation rental uses, shall be met. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. I grant the Monroe County Code Compliance Department the right to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of the permit to determine compliance with the county land development regulations. This application shall bear the signature of all owner(s) and all authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of all other authorize property owners and/or vacation rental managers: Property Owner Signature: Printed Name of Owner: Sworn before me this day of Vacation Rental Manager Signature: Printed Name of Manager: Sworn before me this day of Date: Date: Notary Public My Commission Expires Notary Public My Commission Expires Please deliver or mail the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. Attachment 9 Page 4 of 4 180 NOTICE, 01 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT NOTICE OF VACATION RENTAL USE APPLICATION The following information is regarding a special vacation rental permit application for the following property. You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under Monroe County Code. You may have other rights that Monroe County cannot enforce. Review of a special vacation rental permit application by Monroe County will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights. The Monroe County Planning Department may be contacted at (305)289-2500 and the Monroe County Code Compliance Department may be contacted at: Lower Keys office (305)292-4495, Middle Keys office (305)289- 2810 and Upper Keys office (305)453-8806. Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) Block - Lot Subdivision Key Real Estate (RE) Number Street Address (Street, City, State and Zip Code) AppIicant/Property Owner: Property Owner (Name/Entity) Mailing Address (Street, City, State and Zip Code) Contact Person (If Different Than Property Owner) Daytime Phone/Evening Phone Email Address Vacation Rental Manager: v acnuou menial manager n arae Address (Street, City, State and Zip Code) Daytime Phone/Evening Phone Email Address If necessary, please attach additional sheets with names of any other vacation rental managers, agents, caretakers and/or owners of the dwelling unit. Attachment 9 poop 1 of 1 .4 181 Tli_'NAiNT'S :%(01tFl:i•ll :1'C SPECIAL VACATION RENTAL PERMIT REGULATIONS AND CONDITIONS TENANT'S AGREEMENT Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) Block Lot Subdivision Key Real Estate (RE) Number Street Address (Street, City, State and Zip Code) 1) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space. 2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit. 3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit. 4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residen weekends. m tial dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.and 9:00 am. on 5) All trash and debris on the vacation rental property must be kept in covered trash containers. ach vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day. 6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on premises, attest"). 7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. Attachment 9 ---..e d 182 '1-E-NXN "S Al(-121KiNIE-lT 8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended. 9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal. 10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling. 11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least time months after the incident, which shall be available for inspection by the county code enforcement department during business hours. 12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit. 13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit. 14) Occupancy of vacation rental unit(s) shall be limited to no more than two (2) individuals per bedroom, or no more than two (2) individuals per efficiency unit, when rented as a vacation rental unit subject to the provisions of Monroe County Ordinance No. 004-1997. 15) Review of this permit did not consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may otherwise legally prohibit the use of the dwelling unit for vacation rental purposes. VIOLATION WARNING Violations of any of the vacation rental regulations constitutes a violation of Monroe County Code punishable as s second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under Florida Statutes §509.151 ("Defrauding an Innkeeper', §509.141 ("Ejection of Undesirable Guests"), §509.142 ("Conduct on Premises) or §509.143 (Disorderly Conduct on Premises, Arrest"). Attachment 9 183 This tenant's agreement shall bear the signature of all owner(s) and all authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of all other authorize property owners and/or vacation rental managers: Property Owner Signature: Printed Name of Owner: Sworn before me this— day of Vacation Rental Manager Signature: Printed Name of Manager: Sworn before me this day of Date: Date: Notary Public My Commission Expires Notary Public My Commission Expires Attachment 9 184 APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT Y '� aSYI 1 Request for a Special Vacation Rental Manager License Vacation Rental Manager License Application Fee: $106.00 Date of Submittal: Month Day Year Applicant/Vacation Rental Manager: Name Mailing Address (Street, City, State and Zip Code) uayume rnone Evening Phone Email Address Sub Area (Upper Keys, Middle Keys or Lower Keys): All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) ❑ Complete vacation rental manager license application ❑ Correct fee (check or money order to Monroe County Planning & Environmental Resources) If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additional information. The license shall be issued for a period of one (1) year and renewable annually. The vacation rental manager shall reside within and be licensed for only one sub -area of the County where the vacation rental unit is located. The vacation rental manager shall be the designated contact person for responding to complaints made by neighbors against vacation rental tenants and responsible for maintaining the guest register, and official complaint response records for a vacation rental unit. Attachment 9 185 The vacation rental manager shall be available twenty four (24) hours a day, seven (7) days. a week for the purpose of promptly responding to complaints regarding conduct and behavior of the vacation rental occupants or alleged violations of the vacation rental ordinance. Complaints to the vacation rental manager concerning violations by occupants of vacation rental units shall be respondcd to within one (1) hour. The neighbor who made the complaint shall be contacted by phone or in person and informed as to the results of the actions taken by the vacation rental manager. A record shall be kept of the complaint and the manager's response for a period of at least three (3) months after the incident, which shall be available for inspection by the Monroe County Code Compliance Department during business hours. The guest register shall list all of the vacation rental occupant's names, home addresses, telephone numbers, vehicle license plate and water craft numbers. Each lease, provided by the owner, and this register shall be kept by the vacation rental manager and made available for inspection by Monroe County Code ComplianceDepartment personnel during business hours. After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special master or court of competent jurisdiction upon finding of: a) a total of two (2) or more "no responses" to complaints registered by the public concerning tenants not following terms of the Tenant's Agreement during any single year of the vacation rental manager's license; or b) two (2) or more violations of the duties and responsibilities of a vacation rental manager. An individual who has had his vacation rental manager's license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two (2) years after the date of revocation of his license. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. Vacation Rental Manager Signature: Printed Name of Manager: Sworn before me this day of Date: Notary Public My Commission Expires Please deliver or send the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. Attachment 9 186 M 0 0 R i rJb5 CcfitM, f-F-Cev-x,+-,s Wi)fi7-1.0J5 Stan Boling From: George Bryant <georgembryant@aol.com> Sent: Tuesday, June 09, 2015 2:13 PM To: Wesley S. Davis; Bob Solari; Joseph E. Flescher; Peter D. O'Bryan; Tim Zorc Cc: Bill Debraal; Stan Boling; vcooper211@aol.com; docde@bellsouth.net Subject: Comprehensive Vacation Rental Ordinance as Proposed by The Moorings of Vero Property Owners' Association, Inc. Attachments: IRC VACATION RENTAL ORDINANCE IV.doc; MPOA Vacation Rental Exective Summary.doc Dear Commissioners Davis, Solari, Flescher, O'Bryan and Zorc: On behalf of the Short -term -Rentals Special Committee of The Moorings of Vero Property Owners' Association, Inc., I enclose a Proposed Comprehensive Vacation Rental Ordinance, together with an Executive Summary as to that Ordinance. The MPOA Special Committee looks forward to working with the IRC Board of County Commissioners toward the passage of such an Ordinance in order to properly regulate vacation and event rentals in Indian River County. The Special Committee has already commented to Bill Debreal and Stan Boling as to the event rental and parking ordinances currently pending before the IRC Board of County Commissioners. Further, the Special Committee is willing to send a representative to any Short Term Rental Committee established by the IRC Board of County Commissioners. Attachment 10 187 EXECUTIVE SUMMARY FROM: The Moorings of Vero Property Owners' Association, Inc. — Short-term Rentals Special Committee — George Bryant, Vic Cooper and Bob DeWaters TO: Indian River County Commissioners Wesley S. Davis, Bob Solari, Peter D. O'Bryan, Joseph E. Flescher and Tim Zorc SUBJECT: Proposed Comprehensive Vacation Rental Ordinance DATE: June 9, 2015 The Moorings of Vero Property Owners' Association, Inc. (MPOA) has over 1,150 property owner members in The Moorings area of Indian River County (IRC), including over 190 individual homeowners. Because of its concern with the abuses of short- term rentals of individual homeowners' properties in IRC, the MPOA created its Short-term Rentals Special Committee (Committee). The Committee has prepared and attached to this Memorandum a proposed Ordinance for adoption by the IRC Board of County Commissioners. The Ordinance proposes a comprehensive approach to the regulation on vacation rentals in IRC, based on similar ordinances already adopted by other Florida municipalities. The Ordinance would apply to both short-term (less than 28 days) rentals and event rentals (for weddings and other commercial Events). It also covers parking at properties subject to short-term rentals. It regulates noise, trash and other issues related to such rentals. It also establishes a mechanism for handling neighbors' Attachment 10 188 complaints about those rentals. Further, it requires the owners of such rental properties to obtain a vacation rental permit, provides related procedures for revocation of such permits for violations of the Ordinance, and also establishes fines for a failure to obtain a required permit. The Committee notes that the Ordinance's Regulations section (a)(10)(d) requires the owners of a vacation rental property to comply with the Americans with Disabilities Act, if applicable. As most such properties (other than those occupied by an owner) are subject to the ADA, that requirement may be onerous. On the other hand, the Committee also notes that the Ordinance does not provide (as do similar ordinances of other Florida municipalities) that the property must comply with F.S. 196.061 with respect to the abandonment of a property's homestead exemption, if it is rented. The Committee is willing to send a representative to any Short Term Rental Committee established by the IRC Board of County Commissioners. Attachment 10 2 189 [Draft — 6/9/151 INDIAN RIVER COUNTY, FLORIDA — CODE OF LAWS AND ORDINANCES ORDINANCE 2015 -XX AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, PROVIDING FOR A NEW CHAPTER 953, VACATION RENTAL USES; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND A NEW CHAPTER 953, VACATION RENTAL USES, BE AMENDED AS FOLLOWS: SECTION #1: NEW DEFINITION Add new definitions to Section 912.03. — Definitions. reading as follows: Event rental unit an attached or detached dwelling unit that is used, maintained, marketed, promoted or advertised as being available for rent, lease or assigned for tenancy for a gathering for any function or special event, including, but not limited to, any wedding, retreat, party or other commercial use. Vacation rental or unit any attached or detached dwelling unit that is rented, leased or assigned for tenancies of less than twenty-eight (28) days duration or any event rental unit. Vacation rental does not include hotels, motels and RV spaces, which are specifically addressed by other ordinances. Attachment 10 190 maintain a renter and vehicle register listing the names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers of each such renter. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. ©(9)® Each vacation rental or unit must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments), as implemented by the Florida Administrative Code, and as they may be amended. ©(10)© The use of the vacation rental or unit must comply with (a) all State of Florida Department of Health standards, (b) all State of Florida Department of Environmental Protection standards for wastewater treatment and disposal, (c) all applicable county and state fire, safety and other codes, ordinances, rules and regulations, and (d) the Americans With Disabilities Act, if applicable. (11) ©Each vacation rental or unit shall have a vacation rental manager, as provided in section (d). The vacation rental manager shall reside within the county, and be available for the purpose of promptly responding to complaints regarding conduct or behavior violating of this section (a). The name, address and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the vacation rental permit shall be given, by written notice, to each owner of property abutting the vacation rental or unit. (12)[0 The vacation rental manager shall promptly respond to each complaint concerning violations of this section (a) by occupants of each vacation rental or unit. The person who made the complaint shall be contacted by telephone or in person, and informed as to the results of the actions taken by she vacation rental manager. A record shall be kept of the complaint and the vacation rental manager's response for a period of at least three (3) months after the incident, which shall be available for inspection by the county code enforcement department during business hours. (b)o zimcat?,n rental permit.® An owner or agent shall obtain an annual vacation rental permit for each vacation rental or unit prior to renting any dwelling as a vacation rental or unit, as defined in section 912.03, except as provided for under section (c). A vacation rental permit is Attachment 10 n 193 nontransferable between owners. A change of ownership of the vacation rental or unit shall require the new owner or his agent to obtain a new vacation rental permit for the vacation rental or unit. (c)© Exemptions.© A vacation rental permit is not required for the following:© (1) A rental of a unit located within a community having a condominium, homeowner's or other property owner's association that expressly regulates or manages rental uses; or IN(2) A vacation rental of a dwelling unit within a multifamily building located within a multifamily district, which has 24 hour on-site management or 24. hour on-site supervision. (d) Vacation, rental manager.® The vacation rental manager shall be: (1)MAn owner of the vacation rental or unit or an agent of such owner, (2) The designated contact for responding to complaints made by neighbors against tenants or other users of the vacation rental or unit, and (3)MResponsible for maintaining the guest register, leases and official complaint response records for the vacation rental or unit as required by this Chapter. (e) Vacedon renfal permit application. A complete vacation rental permit application shall include the following:0 (1) The complete legal description, street address, RE number and location of the vacation rental or unit; (2)©Proof of ownership and the name, address and telephone number of each and every person or entity with an ownership interest in the vacation rental or unit; (3)MAn approved Florida State Department of Health or Florida State Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental or unit; (4)MThe gross square footage of the vacation rental or unit, location and number of rooms, bedroorns, bathrooms, kitchens, apartments, parking spaces and any other information required to determine compliance with the provisions of this Chapter; (5)MA valid and current Florida Department of Revenue sales tax identification number under F.S. ch. 212 (Florida Tax and Revenue Act) and a valid and current permit, license or approval under F.S. ch. 509 (public lodging establishments); (6)MThe name, address and telephone number of the vacation rental manager; (7) The applicant Attachment 10 194 shall sign a written statement (a) granting authorization to the county code enforcement department to inspect the premises of the vacation rental or unit prior to the issuance of the vacation rental permit and at any other time after issuance of such permit, concerning compliance with this Chapter and all other county land development regulations, and (b) stating that the vacation rental or unit is not presently claimed to be a homestead for tax purposes; (8) The application shall bear the signature of all owners, all authorized agents and all applicable vacation rental managers; and (9)OAny additional information required to determine compliance with the provisions of this Chapter. (f) ©parrr;iY,'license arra fees. (1) Vacation rental permits will be issued by the community development director or designee, upon payment of a nonrefundable fee and submittal of a complete application in a form prescribed by the community planning director in accordance with section (e) of this Chapter. M(2) The annual fee for vacation rental permits shall be established by resolution of the board of county commissioners. 0(3)MA decision to approve or deny a vacation rental permit may be appealed to the code enforcement board within thirty (30) days pursuant to section 902.07; WE Mines or revocation of vacation rental permit. ©A vacation rental permit shall be revoked by the code enforcement board and/or fines levied by a code enforcement officer or a court of competent jurisdiction after a finding of a violation of this Chapter by the permit holder, the vacation rental permit or permit conditions or any material misrepresentation on the permit application, after the owner of the vacation rental or unit is given notice and a hearing is held by the code enforcement board, the code enforcement special master or a court of competent jurisdiction. (h)© DUradon and renewal of vacation rental par. -rift. Vacation rental permits shall expire one year after the date of their issuance, unless renewed within thirty (30) days of their expiration date. Renewal of a vacation rental permit requires the owner or agent to submit an application in a form prescribed by the community development director, and payment of a nonrefundable fee, including proof of a Attachment 10 195 current license and registration under F.S. ch. 212 and F.S. ch. 509. (i)© Prchilbitiorrs, enforcement, and penalties. (1) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any vacation rental or unit for use in any district where such use is prohibited, except as otherwise exempted under this Chapter. 0(2) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out ,nor rent any vacation rental or unit for use as a vacation rental or unit without a vacation rental permit, except as otherwise exempted under this Chapter. 0(3) After the effective date of the ordinance from which this Chapter is derived, leases, assignments for tenancy or any other occupancy agreements for compensation having less than twenty-eight (28) days in duration: ©(a)17 Shall not be entered into or renewed once they have expired or have terminated in any district in which use as a vacation rental or unit is allowed unless a vacation rental permit, building permit, inspection and certificate of occupancy for such use (or for the conversion of an existing dwelling unit to such use) is first obtained; and ©(b)® Any pre-existing such uses shall not be considered a lawful nonconforming use under section 904.04, and must be discontinued in any land use district that prohibits such uses no later than thirty (30) days after the effective date of the ordinance from which this Chapter is derived. (4) Nothing contained in this section (i) shall bar a code enforcement officer from enforcement against any new vacation rental violation occurring after the effective date of the ordinance from which this Chapter is derived. M(S)M Prima ;acie evidence of the use of a dwelling unit as a vacation rental or unit shall include: (a)©Registration or licensing for short-term rental or transient rental use by the state under F.S. ch. 212 (Florida Tax and Revenue Hct) or F.S. ch. 509 (public lodging establishments); 0(b) Advertising or holding out a dwelling as a vacation rental or unit; (c) Reservations, booking arrangements or any lease, assignment for tenancy or any other occupancy or agreement for compensation, trade or other legal consideration addressing or overlapping any period of twenty-eight (28) days or less; or (d) The use of an agent or other third person to make reservations or booking arrangements. (6) MA violation Attachment 10 196 of any of the regulations in sections (i)(1)—(i)(3) shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per unit, per violation. A code enforcement officer may also enforce the terms of this Chapter by citation under section 103.07 or F.S. § 162.21 (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500.00 for each subsequent offense. (7) ©In addition to any other remedies available to the county (including code enforcement pursuant to section 103.07 or F.S. ch. 162), the county or any other adversely affected person may enforce the terms of this Chapter at law or in equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this Chapter or to revoke a vacation rental permit, as set forth in this Chapter. Attorney's fees and costs incurred in an action to enforce the provisions of this Chapter concerning the uses of a vacation rental or unit may be awarded to a substantially prevailing party at the discretion of the court. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. Attachment 10 197 SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this Ordinance may be renumbered or re -lettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This Ordinance was advertised in the Press -Journal on the day of 2015, for a public hearing to be held on the day of � . 2015, at which time it was moved for adoption by Commissioner seconded by Commissioner . and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher ' Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attachment 10 198 The Chairman there upon declared this ordinance duly passed and adopted this day of .2015. BY: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date:. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Attachment 10 FAO 199 :93 9 =r B CD O O Indian River County Vacation Rental Regulations: Comparison with Monroe County Ordinance MONROE COUNTY REQUIREMENTS INDIAN RIVER COUNTY REQUIREMENTS (EXISTING) INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED) No more than 1 watercraft per rental unit [134-1(e)(1)] No more than I watercraft, 1 additional for up to 2 weeks in a 6 (Addressedinexisting regulations) month time period [912.17(3)] Watercraft required to be moored at dockslip or on trailer Watercraft may be moored at a single-family dock (as (Addressed in existing regulations) in approved parking space [134-1(e)(2)) applicable). Boat/trailer shall not be stored in front or side yard except in designated driveway [912.17(3)] No boat docked shall be chartered to a person other than a No boat docked at a single-family residence shall be used as a (Addressed in existing regulations) registered guest. No boat shall be used as a live -aboard or live -aboard [932.07(1)]. No dock shall be rented, leased or sold for overnight sleeping 1134-1(e)(3)) separately from the single-family residence [917.06(6)] TAg 0MVIU, Kl:JWIMIWA - _;1; 0904", WRI17 4141 No parking in street or in yards [134-1(e)(2)) Vehicles must be parked on-site in driveway and not in required (Addressed inexi existing regulations): yard area or right-of-way 1911.15(4) and 912.17(2)(b)) Parking in approved parking spaces (only) [134-1(e)(2)) Vehicles must be parked on-site in driveway and not in a (Addressed in"'existing regqflafioris), required yard area or right-of-way [911.I5(4) and 912.17(2)(b)] One parking space required per bedroom [134-1(e)(2)] I vehicle per bedroom not exceeding 5 parked outside a carport (Addir"essi-ed in''existing regulations) (Note: maximum parking not addressed) or garage, parked in a driveway. If no garage or carport, no more than 2 autos plus I per bedroom, not exceeding S, parked in driveway 1911.15(4) and 912.17(2)(b)] W-41MIM1 OMNI ZL El P14-1 Occupants prohibited from making "excessive or boisterous It is unlawful for any person to make/cause any excessive, (Addressed -in existing regulations)' noise" at all times [134-1(e)(4)] unnecessary, or unreasonably loud noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity [974.03] Noise audible beyond boundaries of the residential dwelling It is unlawful to use, operate, or permit to be played any radio, (Addeessed1m6xi . sting regulations) unit prohibited 10 p.m. - 8 a.m. weekdays, 11 p.m. - 9 a.m. instrument, phonograph, television or other device for weekends [134-1(e)(4)] production of sound 10 p.m. - 6 a.m. so as to create a noise or vibration disturbance to neighboring premises [974.04] F -\Community Development\Users\ROLAND\LDR\Vacation rentals\Vac rental comparison table OM N O Indian River County Vacation Rental Regulations: Comparison with Monroe County Ordinance MONROE COUNTY REQUIREMENTS INDIAN RIVER COUNTY REQUIREMENTS (EXISTING) INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED) No person shall make a disturbing noise>75 dBA for more (Residential zoning districts): it is unlawful to project a sound (Addressed in existing regulations) than 10% of 10 min. when measured at or beyond property from one property into another property >65 dBA for 10% of 15 boundary of the sound source [17-130] min. 6 a.m. - 10 p.m., >60 dBA 10 p.m. -6 a.m. [974.05] •ra --ii',+�":•lw•:'i" \:, .: )\ " v i�.7... ..a., '^Ik:: W J• � is Tr•a"sh,. Icku ,r�:�:r.'� !�'�; ,'1Y.;.'+s 1,.�;'*Ui r,�w;•.i,'�„ ,a.e,>:¢, �`:.i.%S�+t., .,,•;�.re:...�.s.a�..�'.�,'•:�.....+.et..a_.:.i�`5'.e...•+,..�'�Gt}a;, �.: �1r., ,.;f..4r,(`e<,,,� y. yJ.,..-• •��r •,:1 "r?l. "n` 4:. •-,, .,C; �J!�w yj, yS. '�! ..GC :� of i ..r,�11 :I nR 35''�+'ri'{ar.. ��•Y"'>w ••,. �r r� yn�i.. �.� .i�:. :�•,'.\•' .5�.. mY,.�,•�»J"'V�r.,���...;5,•r�t\:..,.,.c,.k'�:;�!t�•_,.. rxN}•,"J•'f v'" - � .., '(•<',r'i..% i' ...�. .,,... p. rxi:<, <'.Y3�\ ,y��;'::.):. .�ii4v •,,dk:, xy,;'.',.��y' �,' * �...•r.T .ori ?._,:.• �S:j;.r'`o.',.r„w.:r.r +1t',; Trash must be kept in covered trash containers [134-1(e)(5)] Residential customers shall use garbage receptacles adequate to (Addressed in existing regulations) contain all of the solid waste generated; recyclables must be placed in recycling container [204.09(a)] (Note: IRC-WM Franchise Agreement does not allow plastic trash bags outside of roll cart containers) Minimum 4 containers per rental unit [134-1(e)(5)) Residential customers shall use garbage receptacles adequate to (Addressed in existing regulations) contain all of the solid waste generated (204.09(a)] Pick-up schedule must be posted (134-1(e)(5)] Trash and recycling pick-up days and protocol for placing and retrieving/storing containers must be posted or i displayed No placing of containers at curb until 6 p.m. the night before Each person shall take appropriate steps to ensure safe, prompt, (Addressed ih existing regulations)' pickup, removed by 6 p.m. next day [134-1(e)(5)] and lawful processing and disposal of all solid waste and recyclables generated at their residential unit [204.09(b)] •'zm;c.• "t; .::y?1q..Ysr•,.,,a. .Yy".;\i. ,.{.^,'.'1r3utt:�:S'P�RWN,n�'P.�S'R':kED �xYftS�_i.u�•f. .%�r1,J.IFu.f.C:a..:`J:.i''.�•.w`vr'-�, .WC\' ..�J..•d';. �i�'.:iir'.'I.JI,e:�,pJi.i”"i���Y ;rY.u•v:i•."e��+iS:n%t.�1.4:�d.. �,i>'.J;)="y•A7i:.•�;.�a.r %sR.na1.., r4.- .,9.q:B,r KFF.;�,.r'iwlo1ni:..�u:�•ti,✓'�> ^�isw Fu�i•.i�n�,:'��.'•l4.eb'$�"� , Re�y1tM `%,.�x Pii•.3,•..•�nF•,,.;.6�'{4r.u•4 y.;^+t{'.=r_5 Tenant's agreement acknowledging regulations and Acknowledgment form signed by owner and manager penalties required, posted [134-1(e)(6)] required, acknowledging regulations and penalties. Posting or display of information required, including: manager contact, applicable county regulations, maximum occupancy, location of fire safety devices, emergency room information. Owner/agent must maintain guest list w/ vehicle Rental unit management contact information required (cell registration, home addresses, phone numbers [134-1(e)(7)] phone number, email address, mailing address) Units must be registered, licensed and meet all state (Vacation rental licensing -related complaints currently referred Units must be registered, licensed and meet all state requirements [134-1(e)(8)] to the Florida Department of Business and Professional requirements. Applicant must provide documentation of Regulation (DBPR) for investigation) state license for vacation rental unit; local business tax receipt from the Tax Collector; and local tourist tax account from the Clerk of Circuit Court. County license required. F:\Community Development\Users\ROLAND\LDR\Vacation rentals\Vac rental comparison table i N O N Indian River County Vacation Rental Regulations: Comparison with Monroe County Ordinance MONROE COUNTY REQUIREMENTS INDIAN RIVER COUNTY REQUIREMENTS (EXISTING) INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED) Manager must be local and available 24/7 for responding to . Up to date manager contact information required. complaints [134-1(e)(30)] Manager responsiveness reenforced by proposed fines for violations. Complaints to managers shall be responded to within 1 hour. (See previous comment) Neighbor complainant shall be contacted by phone or in person by manager. Records of complaints to be kept by manager for at least 3 months [134-1(e)(11)] License number and contact info. for manager and code License number required on all ads and rental agreements. enforcement depart. must be posted and visible from front Manager contact information available from Code property line of vacation rental [134-1(e)(12)] Enforcement. Notice of license application with appeal procedure _ Not proposed: Indian River County cannot withhold' information mailed certified by owner/manager to all approval of a properly submittedand complete property owners within 300 feet, at least 30 days prior to application. license approval [134-1(g)] License is annual / subject to reissuance each year [134-1(i)) License valid for 3 years, subject to renewal; code enforcement and significant fees proposed for violations. Vacation rental permit shall be revoked by the planning Revocation provision not:proposed:.Monroe County's commission and/or fines levied by the code enforcement ordinance was in effect prior to 2011, and therefore magistrate upon finding a violation of the permit; two or Monroe.County.'s authority to revoke:a vacation rental more no responses to complaints concerning tenants within permit'is not pre,-empted by the:State. Indian River Count • a single year; or two or more violations of the is pre-empted by the -State -from revoking a.vacation rental' responsibilities of a manager. [134-1(h)/134-10)] license and'disallowing:the use. Code enforcement and significant fees proposed for violations. �'AA'o r, r^::rr � '�'c:J,AtWNtir,i R•i�-.{�: wLv,.`.,.,,�%C•?"tA,: lN' - ,,,j t.: � w, ..%W `.i:r L.y. ,'L'+r '�` l'�!, Vii: U( .f^.,e.^.)p.+u y' �1, Occtigancy�:�z.. g�>xw,,`�, a�(tYf-s n.Y: •pa' V.: 4",y�'�in")^.c1.71,'!'� A';•�• - 1' : J�-• ^Y• neR tF."•.•' .Y �! �i '?l .y S ir?.•11�`- � a•: k+i. Eli �"�?9; ,.x�. :��,�/�r•� i, ;�. � k< ��l �{.�.�•,r.-.r•,j�:�..,'�..,�',':;,,.,. _ �.4 . U -:i^�.. ta" - Y - x�l,:.-w:ih'%yCw .la`.�. -�'' f -"".Y .X:• m f�•I�• .•`JF •l?Y�'!. C..•. F?ul•.yf.YyLF Ku f`f?.�.. ..i.� uL. �, J4,. ,� :5�1�.e ;a — .`I.ix:7i... ;L.'S.>,.. ..ety,''w�.'.5?::^.S:v;.;t.",ia .. T3..!�`YYA� xt,�._..Y. .:;�V�,.. .'33 e...t�'�t=J....t!SV..b�.` m' .� �.�....`L� _ rtt �..:c.v .....�n .,ir,�:'. hJ. . �� �d1�'.i3•;�w'!<ii..M.,a.rlb%h�il.u.t'e',i., ��5ioita:,dsn.... �"+?fir•,J't'�; o'!t,;.3.;; �i�it,+.• F•\Community Develop ment\Users\ROLAND\LDR\Vacation rentals\Vac rental comparison table i N O W Indian River County Vacation Rental Regulations: Comparison with Monroe County Ordinance MONROE COUNTY REQUIREMENTS INDIAN RIVER COUNTY REQUIREMENTS (EXISTING) INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED) ' No more than two individuals per bedroom or per efficiency Staff recommended ordinance provision: overnight - unit [indicated on tenant agreement form; not specified in maximum sleeping occupancy shall not exceed 2 persons actual code] per bedroom plus 2 additional persons, unless limited to a lesser number of persons in compliance with on-site sewage treatment and disposal system (OSTDS) capacity, as applicable - r�•; meq»'•+:,xs;r•w '-\':n ,•ry":'M�irf'�{i f7,+3.�-Y:My-�G;{. �'u. Health:s.Safe R uirernents,;. .�r ,:•moi ./ a ,,'i::.'t a:•.. aio:°•�.. ....� �}�fea._a�� =�k,�", n._.. _.yi �.. 'r.—.� :`7' +� y,Y.��sv,` ",�, i,ti,�r:E4�sq ,.�v;"'�+i���`%��:"��`:;:�'stt''��,, ;f�'":'r:tn�t�;.F�'<�Fn,�;j:�. uiCSv�+..,�2� ... ...ir. .d ,.eS _rxli. .7r:''."�SS{��.�i9� u`c :d.^"� 'iiir. a::'k .•Sw:�.,T'y'.,.;_. ,�; }''R"�^.;�:��,;;�;u ..1.�L ..d-•�rz. 0.1,'•�<'. .e, .�r 2. ....fir, ;.ws Verification of compliance with NFPA Life Safety Code 101 Compliance with Florida Building Code requirements for single- Verification that state license fire protection items [indicated on permit application form; not specified in actual family residences [401.01] (Comparable to NFPA Life Safety Code provided (smoke alarms, emergency lighting, fire code) 101 Chapter 24) extinguisher). In addition, requirement of carbon monoxide alarm (when required under Sec R315, FBC-Residential) Verification of approval of sewage disposal system by On-site sewage treatment and disposal systems (OSTDS) at single Staff recommended ordinance provision: verification of Depart. of Health for vacation rental use [134-1(e)(9)] family residences subject to Department of Health permitting whether the rental is served by public sewer service or an (for new systems and for repairs) [912.09] on-site sewage treatment and disposal system (OSTDS). If OSTDS, owner shall provide system evaluation with approval by Health Department or Health Department confirmed system capacity 'Y 'wa N:. :+.�s,9r,-� '»i', 3'ti iA yh' '^k. 7;v k,.,:,x. `"` :7,t. "1'�yr: i r. i=2.`. �•ta2`s ,w '?,51•$,:i� �;cK cpy:v'. T'- 9` - 3: a•. -n•. ,:� >n:..,,_.... ..,v:;.kY'� v ;r �; `1'..;;, ;, - Y "�.• 4,:}. ,�'h,.... =., 1I .fir. +YF et ,k . : a l'e z ,a.- ..�4w�-��:ia�k+, :G�? r'.'it�.i,�,.c�.S k.. 'rs.�<,: n:,' - +!d"ar• .ti. ,F.. .y. n• � ;.e+�-•.n - :.�,.•�,, is X, "�' • t .y, 9. .»o it.;:�'r� ,�" y,, y,���e.�- ,b•.� ;��,:3� �s .s a4� , t�-�.f�','t i 5+��ii�`,C.T'i+.a�'t�'�:,i,'�',:,r�....-:xQ'..::+:8'..o'`+°.!"J5r•.a.. �.'�r...:.•:�r,•:i�:'�4?'::1, Up to $500 per day /per unit / per violation [134-1(k)(6)] Up to $500 per day / per violation (where no specific penalty is Commercial event at residence - $1,000 (first vio.)/$5,000 provided) [100.05] (repeat) Citations: $250 (first vio.) / $500 (repeat) [134-1(k)(6)] Staff issued citations: based on fine schedule, not to exceed $500 Vehicle parking - $50 per vehicle per day (first vio.)/$100 1103.07/FS 162] Code Enforcement Board: up to $250 per day per vehicle per day (repeat), Failure to obtain/maintain (first vio.) / up to $500 (repeat vio.) [103.03/FS 1621 license - $100 per day; Violation of license condition - $100 per day Injunctive relief may be sought in court [134-1(k)(7)] Injunctive relief may be sought in court [100.05/FS 162] (Addressed* in existing regulations) F•\Community Development\Users\ROLAND\LDR\Vacation rentals\Vac rental comparison table 6/6/2016 Indian River County, FL Code of Ordinances CHAPTER 974. - NOISE AND VIBRATION CONTROI-0] Sec. 974.01. Short title and purpose. Sec. 974.02. Definitions referenced. Sec. 974.03. Noise and vibration restrictions, in general. Sec. 974.04. Specific noise and vibration prohibitions. Sec. 974.05. Additional noise control standards by zoning district. Sec. 974.06. Exemptions. Sec. 974.07. Opportunity for administrative approval. Footnotes: -- (1) -- Cross reference— Sounding of train horns or whistles between certain hours, § 306.04. Section 974.01. - Short title and purpose. This chapter shall be known and may be cited as the "Indian River County Noise and Vibration Control Ordinance." It is the purpose and intent of this chapter to regulate uses and activities in such a manner as to prevent excessive noises and vibrations which degrade the quality of life, disturb the public peace, and jeopardize the health, safety and welfare of the citizens of Indian River County. It is further the intent of this chapter to recognize that factors such as the time of day, location (e.g., proximity to residences), and necessity of sounds incidental to allowed uses and activities must be considered in balancing the protection of public peace, individual freedoms and private property rights. Attachment 12 httpsJAvww2_municode.comAibrarytflArKian_river county/codes/Code of ordinances?nodeld=COOR TITDCLADERE CH974NOVICO 1/6 204 6/6/2016 Indan River County, FL Code of Ordinances (Ord. No. 90-16, § 1, 9-11-90) Section 974.02. - Definitions referenced. The definitions of certain terms used in this chapter are set forth in Chapter 901. Definitions, of the Indian River County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90) Section 974.03. - Noise and vibration restrictions, in general. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary, or unreasonably loud noise or vibration which disturbs the peace or quiet of any neighborhood or which would cause discomfort or annoyance to any reasonable person of normal sensitivity. Moreover, it shall be prohibited for any person to engage in any use or activity that creates any such noise or vibration contrary to the specific provisions of this chapter. (Ord. No. 90-16, § 1, 9-11-90) Section 974.04. - Specific noise and vibration prohibitions. The following standards and restrictions shall apply to uses and/or activities in unincorporated Indian River County, except as may conflict with the provisions of section 974.06. Exemptions, of this chapter. Uses and/or activities in compliance with the standards and restrictions of this section shall not be subject to the noise control standards set forth in section 974.05. (1) Radios, television sets, musical instruments, and similar devices. It shall be unlawful to use, operate, or permit to be played, used, or operated, any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the production or reproduction of sound between the hours of 10:00 p.m. and 6:00 a.m. in such manner as to create a noise or vibration disturbance to neighboring premises. Pertaining to radios, cassette players, disk players and similar devices associated with motor vehicles, no such device shall be operated in such a manner as to create a noise or vibration disturbance at one hundred (100) feet or more from such device, when operated on a public right-of-way or public space. (2) Construction equipment and activity. It shall be unlawful to operate any equipment or perform any outside construction or repair work on buildings, structures, roads, or projects within the county between the hours of 8:00 p.m. and 6:00 a.m. unless an administrative approval as set forth in section 974.07 for such construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown. (3) Engine mufflers. It shall be unlawful to operate any internal combustion engine, including such an engine associated with a motor boat, or motor vehicle without a muffler or other device which will effectively prevent loud or explosive noises therefrom. (4) Animal noises. It shall be unlawful to keep or maintain any animal (including birds) without providing and maintaining adequate sound -control techniques to eliminate any excessive, offensive, and unnecessary noise. This provision shall not apply to property within an agricultural zoning district. (5) Attachment 12 httpsJ/www2.municode.comAibrarytlfincian river county/codes/code_of ordinances?nodeld=COOR TITIXLADERE_CH974NO\ACO 2/6 205 6/6/2016 Indian River County, FL Code of Ordinances Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. and 6:00 a.m. on property within or abutting any residential zoning district in such a manner as to disturb the peace, quiet, and comfort of the residents of the area. (6) Activities in the vicinity of schools, courts, churches, and hospitals. It shall be unlawful to create any excessive noise on any street adjacent to any school, court, church, or hospital which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in a hospital. (7) Loading or unloading of vehicles, opening bales, and boxes. It shall be unlawful to make, create, or maintain any loud or excessive noise within the county that would result in a disturbance to neighboring properties in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates, or containers. (8) Peddlers, hawkers, or vendors. It shall be unlawful for peddlers, hawkers, or vendors to shout or cry along or on a roadway to the disturbance of the peace or quiet of a neighborhood. (9) Drums, cymbals, and loudspeakers. It shall be unlawful to create, make, or maintain any noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the county for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision shall not apply to ice-cream trucks or approval public events. (10) Bells or sirens on vehicles. It shall be unlawful for any person to use in conjunction with any unauthorized vehicle any bell or siren similar to that used on ambulances or vehicles of the sheriff, fire departments, and other public safety agencies. (11) Skateboard ramps. It shall be unlawful to use any skateboard ramp or similar configuration between 8:00 p.m. and 6:00 a.m. in a residential zoning district in such a manner that would result in a disturbance to neighboring properties. (12) Air -blow cleaners. It shall be unlawful for any person to operate any air -blow cleaning equipment or similar devices for the cleaning of parking lots, walkways, driveways, or similar areas between the hours of 10:00 p.m. and 6:00 a.m. that would result in a disturbance to neighboring properties. (13) Places of public entertainment. It shall be unlawful for any public entertainment establishment or person associated with or working for said establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to create noise or vibration that is a disturbance to neighboring premises. (14) Sounding of train horns or whistles. It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway crossing located within Indian River County, providing that the crossing is equipped with train - activated automatic traffic -control devices, which shall include, flashing lights, bells and crossing gates. (15) Landscape maintenance. It shall be unlawful for any person to undertake landscape maintenance activities in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 8:00 p.m. and 6:00 a.m. (16) Attachment 12 httpsl/www2.mwn code.comAibrary/flAndian river_county/codes/code_of ordinances?nodeld=COOR TITIXLADERE_CH974NO\ACO A 206 6/6/2016 Indian River County, Fl Code of Ordinances Power generators. It shall be unlawful for any person to manually or automatically exercise or test a power generator in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manual or automatic exercising or testing of power generators shall be for the minimum duration necessary to meet manufacturer's specifications. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 1, 10-13-09) Section 974.05. - Additional noise control standards by zoning district. Except as may conflict with the specific noise and vibration provisions of section 974.04, it shall be unlawful to project a sound or noise from one property into another property within the boundary of the zoning district which exceeds the limiting noise spectra set forth in Table I below. (1) Sound or noise projecting from one district into another zoning district with a different noise level shall not exceed the limits of the district into which the noise is projected. (2) The limits hereinabove referred to shall be in accordance with the following table: TABLE I. APPLICABLE NOISE LIMITS Measurement period one-quarter hour (continuous), as measured at the property boundary of the receiving parcel. In multifamily developments (including duplex developments), the measurement shall be taken from the receiving premises. Level L(1). That noise (A -weighted sound level) exceeding one percent of a measurement time equivalent to at least fifteen (15) minutes. Attachment 12 httpsJ/www2.municode.comAibrary/fllndian river_county/codes/code of ordinances?nodeld=COOR TITDQ-ADERE_CH974NO\(ICO 4/6 207 Sound Level in Decibels A -Scale (DBA) Zoning I District Day 6:00 a.m.-10.00 p.m. Night 10:00 p.m. -6:00 a.m. L 1 L 10 L 50 L 1 L 10 L 50 Conservation 65 60 55 60 55 55 Residential 70 65 60 65 60 55 Commercial 75 70 65 70 65 60 Industrial 75 70 65 75 70 65 Agricultural* 75 70 65 75 70 65 Level L(1). That noise (A -weighted sound level) exceeding one percent of a measurement time equivalent to at least fifteen (15) minutes. Attachment 12 httpsJ/www2.municode.comAibrary/fllndian river_county/codes/code of ordinances?nodeld=COOR TITDQ-ADERE_CH974NO\(ICO 4/6 207 6/6/2016 Indian River County, FL Code of Ordinances Level L(10). That noise (A -weighted sound level) exceeding ten (10) percent of a measurement time equivalent to at least fifteen (15) minutes. Level L(50). That noise (A -weighted sound level) exceeding fifty (50) percent of a measurement time equivalent to at least fifteen (15) minutes. *Residential developments within Agricultural Zoning Districts shall be subject to the decibel level thresholds for the "Residential" Zoning Districts. (3) If the noise occurs at anytime on Sunday or holidays, the decibel level applicable between 10:00 p.m. and 6:00 a.m. shall prevail. (4) Noise levels shall not exceed the peak noise levels, independent of time duration, set out in Table II below: TABLE II. PEAK NOISE LEVELS ZoningDistrict (dBA) I Sound Level in Decibels A -Scale Conservation 75 Residential 80 Commercial 85 Industrial 85 Agricultural 85 (5) For noise of impulsive character (hammering, etc.), the permissible decibel levels set out in Table I shall be corrected by subtracting five (5) decibels. Impulsive sound is any sound of short duration, usually less than one second with an abrupt onset and rapid decay, e.g. explosions and blasting. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2011-008, § 2, 9-13-11) Section 974.06. - Exemptions. The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter. (1) Noises of authorized safety signals and warning devices; (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation; (3) Attachment 12 httpsJMrwwZmunicode.comAibrarytflAndian river county/codes/Code of ordinances?nodeld=COOR TrrDQADERE CH974NO\AC0 516 208 6/6/2016 Indian River County, FL Code of Ordinances Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger; (4) Noises incidental to mosquito control activities by the Indian River County Mosquito Control Boa rd; (5) Noises incidental to the activities of bona fide agricultural operations; (6) Noises resulting from use of an emergency power generator during a power outage, provided that the generator is operated in accordance with manufacturer's specifications, with all standard equipment, and is in proper operating condition. Notwithstanding, noises resulting from use or testing of a generator by a utility company to support installation, repair, maintenance, or restoration of service operations are exempt from the restrictions set forth in this chapter; (7) Noises resulting from an air conditioner, pool heater, and similar outdoor mechanical equipment that is properly located, or county -approved as a "quiet" low decibel model unit, or installed with a county -approved sound barrier or other county -approved noise -mitigating improvement as set forth in section 911.15(2)(c) of Chapter 911. Zoning, and section 912.07(1)(b)6. of Chapter 912, Single -Family Development. (8) Noises or vibrations associated with uses or activities whereby an administrative approval to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained from the community development director, as set forth in section 974.07 of this chapter. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 2,10-13-09; Ord. No. 2013-022, § 3, 12-10-13) Section 974.07. - Opportunity for administrative approval. A deviation from the provisions of this chapter may be granted via an administrative approval from the community development director. In reviewing a request for an exemption from the noise and vibration restrictions of this chapter, the community development director shall consider the following factors: Whether or not the proposed use or activity necessarily warrants a deviation from the noise and vibration restrictions of this chapter; Whether or not the noise and/or vibration associated with the proposed use or activity is compatible with surrounding land uses so as not to create a disturbance to adjacent properties; Whether or not the applicant has taken or will take all effort to limit excessive noises or vibrations associated with the proposed use or activity to meet the intent of this chapter; and In cases where the use or activity is proposed between 8:00 p.m. and 6:00 a.m., whether or not such hours of operation are necessary, and if so, are noises and vibrations associated with the use or activity minimized. (Ord. No. 90-16, § 1, 9-11-90) Attachment 12 https!/www2.municode.comAibrary/flfindian river county/codes/code of ordinances?nodeld=COOR TITIXLADERE_CH974NO\ACO 6/6 209 ORDINANCE 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); ESTABLISHNG REQUIREMENTS FOR A COUNTY VACATION RENTAL LICENSE AND OTHER VACATION RENTAL REGULATIONS BY CREATING ZONING CODE SECTION 911.15(9); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION # 1: Zoning code section 911.15(9) is hereby created to read as follows: (9) Vacation rental local license and regulations (a) For purposes of vacation rental local regulations "bedroom" is defined as follows: any room used principally for sleeping purposes and meeting applicable building code requirements for a bedroom (b) The owner of a vacation rental unit shall obtain from the community development department a vacation rental license. A separate license shall be required for each vacation rental unit. Each license shall be valid for a period of three (3) years from the date of issuance unless terminated by the owner or found by the county to be in violation of license conditions, and each license may be renewed every three (3) years upon approval by the communily development department A license may be transferred to a new owner upon submission of updated license information and execution of and assumption of license obligations and conditions on a form provided by the community development department 1. A license application shall be submitted to the community development department on a form provided by the department. 2. License application review shall be managed by the community development department in coordination with other county departments local agencies and state agencies. 3. Prior to issuance of a license or a license renewal a county code enforcement officer shall conduct an inspection of the vacation rental unit for compliance with the requirements of this section of the zoning code [911.15(9)]. (c) License application submittal requirements are as follows: 1. Rental unit manager contact information (cell phone number, email address mailing address). 2. Documentation that the applicant has obtained the following-: FACommunity Development\CurDev\Ordinances\2016 Ordinances\2016-_911 15 (County VacRentalLicense) - 060316 Version.docx I Attachment 13 210 ORDINANCE 2016- a. State license for vacation rental unit b. Local business tax receipt from the Tax Collector c. Local tourist tax account from the Clerk of the Circuit Court 3. Parking compliance information: number of garage and/or carport spaces number of rental unit bedrooms maximum number of automobiles allowed outside of garage/carportlocation of spaces accommodated on improved or stabilized driveway. 4. Verification that carbon monoxide alarms if required by code and state license fire protection items have been provided in the vacation rental unit: smoke alarms, emergency lighting, fire extinguisher. 5. Unit interior under air information: square footage and number of bedrooms 6. Verification of whether the unit is served by public sewer service or an on-site sewage treatment and disposal system (septic/drainfield system). If served by an on-site sewage treatment and disposal system the applicant will be required to provide an existing system evaluation approved by the health department if the health department has no record of the system size permitted by the department. 7. Acknowledgment form provided by the community development department executed and dated by the rental unit owner and manager. The acknowledgment form shall provide information regarding the following county requirements for vacation rentals. a. Prohibition on commercial events at residence (e.g. weddings) b. Special parking regulations c. Sea turtle protection and dune protection regulations (for rental units located east of SR A -1-A) d. Noise regulations: Chapter 974 noise regulations which include day and night decibel level limitations, more stringent "no disturbance" requirements from 10 pm to 6 am, and no excessive noise that would cause annoyance to any reasonable person of normal sensitivity. e. Limitations on dock/boat use: (for waterfront rental units): no more than 2 boats moored per dock, dock used by unit owner or renter only, no live - aboard use: (all rental units): no more than 2 boats stored or parked per unit f. Fire safety requirements and maximum sleeping occupancy limitations g. Fines and citation penalties for violations 8. Acknowledgment that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the county code enforcement officer and shall thereafter be continuously posted or displayed inside the vacation rental unit: FACommunity Development\CurDev\Ordinances\2016 Ordinances\2016- 911 15 (CountyVacRentalLicense) - 060316 Version.docx 2 Attachment 13 211 ORDINANCE 2016- a. Manager contact information b. Maximum number of parked automobiles and boats and approved parking locations C. Trash and recycling pick-up days and protocol for placing and retrieving/storing containers d. Noise regulations: day and night decibel level limitations more stringent "no disturbance" requirements from 10 pm — 6 am and no excessive noise that would cause annoyance to any reasonable person of normal sensitivity. e. Location of smoke alarms, emergency lighting, and fire extinguisher. f. Emergency room information g. Sea turtle protection and dune protection information (for rental units located east of SR A -1-A h. Maximum sleeping occupancy (number of persons) 9. Acknowledgement that the applicant has contacted any applicable property owners association or homeowners association and is aware of private restrictions, if any, that may affect operation of a vacation rental at the subject residence. 10. Application fee established by resolution of the Board of County Commissioners. (d) Vacation rental local regulations are as follows: 1. To the extent that there is no conflict with these vacation rental regulations of section 911.15(9), all county regulations applicable to a residential unit that is not operated or used as a vacation rental unit shall also apply to a vacation rental unit. 2. Parking and storage of vehicles shall conform to the requirements of zoning code section 911.15(4)(b). 3. Commercial events shall be prohibited in accordance with zoning code section 911.15 A 8 . 4. The overnight maximum sleeping occupancy of a vacation rental unit shall not exceed the following: a. For a unit served by public sewer service 2 persons per bedroom plus 2 additional persons. b. For a unit served by an on-site sewage treatment and disposalsystem (septic/drainfield system), 2 persons per bedroom plus 2 additional persons or the number of persons accommodated b the he system as determined by the health department, whichever number of persons is less. The unit occupancy limit confirmed by the county code enforcement officer shall be stated on the local license. F -\Community Development\CurDcv\Ordinances\2016 Ordinances\2016- 911 15 (CountyVacRentalLicense) - 060316 Version.docx 3 Attachment 13 212 ORDINANCE 2016- 5. Fire protection items required for a state vacation rental license shall be provided in the vacation rental unit. a. In addition, a carbon monoxide (CO) alarm when required under Section R315, Carbon Monoxide Alarms of the Florida Building Code — Residential, shall be provided. 6. Changes in the vacation rental manager and/or changes in the manager contact information shall be provided to the community development department within ten (10) days of the change. The local license number, the occupancy limit confirmed by the county code enforcement officer, the maximum number of vehicles allowed to be parked on site outside any garage or carport, the noise regulations statement contained in section (07d of these regulations, and a statement that there are special sea turtle protection and dune protection regulations for units located east of SR A -IA, shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit (e) Interim Operation of Vacation Rental Unit: 1. Because of the length of time it may take to comply with all of the new requirements on this section, all short term vacation rental owners may lawfully operate but shall have until December 1, 2016 to obtain a license from the County and come into full compliance with the new standards and requirements imposed by this section [911.15(9)1. (f) Claim of Contract Impairment: It is not the intent of this ordinance [section 911.15(9)] to impair any existing contracts, leases, or reservations, that are evidenced by writing. An owner who asserts the enacted ordinance amendment impairs an existing short term vacation rental contract shall submit the contract lease or reservation, evidenced in writing, to the Community Development Director for review and consideration. An owner shall have until December 1. 2016 to submit the claim of impairment to the Community Development Director for determination. Appeal of the decision of the Community Development Director shall follow the appeal procedure set forth in land development regulation section 902.07. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. FACommunity Development\CurDcv\OrdinancesUO16 Ordinances\2016-_911 15 (CountyVacRentalLicense) - 060316 Version.docx 4 Attachment 13 213 ORDINANCE 2016 - SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of, 2016, for a public hearing to be held on the day of , 2016, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2016. Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk FACommunity Development\CurDev\Ordinances\2016 Ordinances\2016-_911 15 (CountyVacRentalLicense) - 060316 Version.docx 5 Attachment 13 214 ORDINANCE 2016 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AN LEGAL SUFFICIENCY lj�g' aT Dylan Reingol , County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AIC!; ommunity Development Director FACommunity Development\CurDev\Ordinances\2016 Ordinances\2016-_911 15 (County VacllentalLicense) - 060316 Version.docx 6 Attachment 13 215 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE SCHEDULE OF PENALTIES AND NOTIFICATION TIME FRAMES FOR CODE VIOLATIONS SET FORTH IN RESOLUTION NO. 92-59, AS AMENDED BY RESOLUTION NOS. 95-62 AND 2013-089, TO INCLUDE ENFORCEMENT OF VACATION RENTAL AND COMMERCIAL EVENT AT RESIDENCE REGULATIONS. WHEREAS, pursuant to Section 103.07 of the Code of Indian River County, the Board of County Commissioners has the authority to adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement officers, including standard notification time periods for specific types of violations, with said time periods not to exceed thirty (30) days; and WHEREAS, the Board previously adopted Resolution No. 92-59, which designated code enforcement officers and a schedule of penalties and notification time frames; and WHEREAS, in 1995, the Board adopted Resolution No. 95-62, amending Resolution No. 92-59 to include penalties and notification time frames for solid waste disposal violations of County Code Chapter 204; and WHEREAS, in 2013, the Board adopted Resolution 2013-089, amending Resolution No. 92-59 to include penalties and notification time frames for fertilizer and landscape maintenance violations of County Code Chapter 316; and WHEREAS, the Board desires to further amend the schedule of penalties and notification time frames to incorporate enforcement of new vacation rental and commercial event at residence regulations, as referred to and set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment to Schedule of Penalties and Notification Time Frames. The Board hereby amends the Schedule of Penalties and Notification Time Frames set forth in Attachment A to Resolution 92-59, as amended by Resolution Nos. 95-62 and 2013-089, as follows (added language is double underlined): See ATTACHMENT A, Amendment to Schedule of Penalties and Notification Time Frames F•Y'a.®uun•Or.afopwnv:9r�1 Tin. 1— R,—I C?AT70.%,F7.%E SCHEo REI'RES 1016_.d— Attachment 14 216 RESOLUTION NO. 2016- 3. Schedule of Penalties and Notification Time Frames Not Amended to Remain in Full Force and Effect. In all other respects, the Schedule of Penalties and Notification Time Frames shall remain in full force and effect. The foregoing resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was, as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2016. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA an Deputy Clerk F-�C�iy DnvlopwmL%v T..n.I'., om R,n L,'LTTATIO.VFL%ESCIIWREI'RES20166_.Aw, Bob Solari, Chairman Approved as to form and legal sufficiency. Dylan Reingo d, County Attorney 2 Attachment 14 217 RESOLUTION NO. 2016 - AMENDMENT TO RESOLUTION NOS. 92-59,95-62 and 2013-089 'Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME Contracting Unlicensed contracting 400.01(1) $500 N/A Contractor advertisement violation 400.01(5) $500 N/A Licensed contractor or owner -builder hiring unlicensed contractor(s) 400.01(6) $500 N/A Uninsured contractor violation 400.05 $500 N/A Fraudulent license 400.07(1) $500 N/A Deliberate disregard of county contracting ordinance 400.07(6) $500 N/A Other contracting violations specified in F.S. Chapter 489 489.127(F.S.) 489.132(F.S.) $500 N/A General Debris burning w/o permit 925 $450 N/A Violation of issued burn permit 925 $300 24 hrs. Boat/trailer storage 911.15(7) $50 48 hrs. Commercial vehicle storage 911.15(3) $50 48 hrs. Occupancy w/o C.O. 914/401 $450 24 hrs. 'Each day the violation exists represents a separate violation. 'The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 3The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf Attacmenl 14 218 RESOLUTION NO. 2016 - AMENDMENT TO RESOLUTION NOS. 92-59,95-62 and 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME Building Code violation (w/o 401.06 $450 24 hrs. required permit) Industrial waste dumping 973 $450 24 hrs. Junk vehicle 911.15(4) $50 10 days Noise/vibration violation 974 $50 24 hrs. Solid waste disposal violations: - Deposit refuse in unlawful 204.02 $50 N/A manner - Littering 204.03 $50 N/A - Salvaging 204.05 $50 N/A - Improper use of transfer 204.06 $50 N/A station R.O.W. violations: - Vehicle 312.06(2) $50 48 hrs. - Sign 312.06(1)(g) $100 24 hrs. - Illegal Business 312.06(1)(m) $250 24 hrs. - Obstruction 312.06(1)(c) $100 48 hrs. - Illegal (non -waste) fluid 312.06(1)(e) $100 48 hrs. discharge - Work without proper traffic 312.06(1)(k) $250 N/A controls - Parade without permit 312.06(1)(n) $250 N/A - Other R.O.W. violations 312.06 $100 48 hrs. Illegal sign: - Banner 956.12 $100 48 hrs. - Snipe sign - A -frame sign - Other portable sign 'Each day the violation exists represents a separate violation. =The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf Attacmed 14 219 RESOLUTION NO. 2016 - AMENDMENT TO RESOLUTION NOS. 92-59,95-62 and 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME Stormwater violation 930 $100 48 hrs. Vehicle parking & storage 911.15(4) $50 48 hrs. Sea turtle lighting violation 932.09 $50 24 hrs. Fertilizer and Landscape Management violations: Timing of fert. app. vio. Fertilizer -free zone vio. Fertilizer content/app. vio. Application practices vio. Grass clippings/debris vio. Comm. license/cert. vio. 316.3 316.4 316.6, 316.7 316.8 316.9 316.13 $503 $503 $503 $503 $503 $500 N/A N/A N/A 24 hrs. 24 hrs. N/A Vacation Rental Vehicle narking violation 41115 50 ner vehicle ner 24 hrs•* 30 business days* ccurrence ner day for first violation - 100 ner vehicle ner occurrence nu -day for repeat violations Failure to obtain or maintain a valid 911.15 100 per day ner vacation rental unit county vacation rental lic&nse Violation of license condition 91115M 911.15(9) and 414 day $100perv* lation 24 hrs * 24 hrs.* Contact information update violation Noise Violation 100 per day for first violation: $300 per day for repea violations Commercial Event Commercial event at residence Note: due to Florida law, fines xceeding $500 are assqued through t_h.P 9�_ $1.000 oer event for 24 hrs.* first violation: 5.000 per event for Indian River County Code Enforcement repeat violations Board and not by means of a citation issued by a cQdeenforcement offic r 'Each day the violation exists represents a separate violation. '-The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf Attacmed 14 220 RESOLUTION 2016 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN APPLICATION FEE'FOR A COUNTY VACATION RENTAL LICENSE. WHEREAS, on June 21, 2016, Indian River County approved vacation rental regulations and established a requirement for a County vacation rental license for each vacation rental unit; and WHEREAS, staff estimates that the average cost for processing a County vacation rental license including staff time, code officer inspections, and associated data collection is $250 per application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE COUNTY VACATION RENTAL APPLICATION FEE IS AS FOLLOWS: Vacation Rental License................................................................................$250.00 The foregoing resolution was offered by Commissioner _ moved its adoption. The motion was seconded by Commissioner. being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc who and upon The Chairman thereupon declared the resolution duly passed and adopted this day of .2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ON Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller am Deputy Clerk F•\Community Development\CurDev\RESOLUTION\2016 Resolutions\County Vacation Rental License Application Fee 2016 -_.door I Attachment 15 221 RESOLUTION 2016 - APPROVED AS TO LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Stan Boling, Al , Director Community Dev pment Department F•\Community Development\CurDev\RESOLUTION\2016 Resolutions\County Vacation Rental License Application Fee 2016-_.doa 2 Attachment 15 222 INDIAN RIVER COUNTY VACATION RENTAL LICENSE APPLICATION CODE ENFORCEMENT SECTION COMMUNITY DEVELOPMENT DEPARTMENT 180127 TH STREET (BUILDING A) VERO BEACH, FLORIDA 32960 (772) 226-1249 DATE RECEIVED Note: Required acknowledgment form attached Applicant name Applicant mailing address_ City, State, ZIP Applicant phone number_ Applicant email address_ Vacation Rent Unit address City, State, ZIF h 1. Rental unit manage --con Manager name: Cell phone number,: 2. Attach the following: Z% a. State license foie �r b. Local business to c. Local tourist tax a 3. Parking information: ion: Attached Not Attached r� ental unit b�R� from the Tax Collector from the Clerk of the Circuit Court Total number of garage and/or carport parking spaces: Location and number of parking spaces accommodated on improved or stabilized driveway (attach sketch or aerial): 4. Verification that state license fire protection items have been Provided in Not Provided in provided in the vacation rental unit: smoke alarms, emergency rental unit rental unit lighting, fire extinguisher. Verification of carbon monoxide (CO) alarm, when required. Attachment 16 F\COMMUNITY DEVELOPMENT\APPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 1 223 5. Unit is served by (check one): Public sewer: On-site septic/drainfield system: Note: If served by an on-site sewage treatment and disposal system, the applicant is required to provide an existing system evaluation approved by the Health Department if the Health Department has no record of the system size permitted by the department. Code Enforcement will contact you if the Health Department has no record of the system size. 6. Total Number of bedrooms: Square footage of each bedroom: A"' . 7. Execute and attach the vacation rental regulations acknowledgement AttachedI Not Attached s< form. - «� .�;I 8. Application fee submitted: $250.00 =FORZO PENCE USE THE ABOVE INFORMATION ANDS TATE KNOWLEDGE AND I WILL COMPLYVTH < REGULATIONS OF IND I _'RIVER COUNTY " z VIM. APPLICAT NAME (PR<INT): E aTRUE TO THE BEST OF MY 91 15(9), LAND DEVELOPMENT APPLICANT SIGNATURES . Y���� DATE C gq ,�°. STATEOFFLORIDA,,, O�UNTYOFW. INDIAN'WRIMER SWORN AND SUBSCRIBED TO BEFORE ME THIS:'k Mt-WOF , 20—, WHO IS/ARE PERSONALLY �w KNOW TO: ME OR HAVE PRODUCIDHEIR, AND WHO DID NU,T TAKE OATH: NOTARY PUBLIC ' STATE OF FLORIDA AT LDAP MY COMMISSION EXPIRES: Attachment 16 F -\COMMUNITY DEVELOPMENTAPPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 2 224 2. INDIAN RIVER COUNTY VACATION RENTAL REGULATIONS ACKNOWLEDGMENT FORM I have reviewed and understand the following vacation rental regulations: a. Prohibition on commercial events at residence (e.g. weddings and celebrations). b. Special parking regulations. C. Sea turtle protection lighting regulations and dune protection regulations (for rental units located east of SR A -1-A). t d. Noise regulations: Chapter 974 noise regulations which include day and night decibel level limitations, more stringent "no disturbance" requirements from 10 pm to 64arn, and no excessive noise that would cause annoyance to any reasonable person of normal sensitivdi! W e. Limitations on dock/boat use: (for waterfront rental units):iii-Omore than 2 boats moored per dock, dock 14RZU'r use y unit owner or renter only, no live -aboard use;,(allffental units): no more than 2 boats stored or parked per unit. " f. Fire safety requirements and maximum sleeping9cc- ancy lim 'ions. g. Fines and citation penalties for violations. sem= a. b. C. d. e. f. 9. h. 3. 11 Doff 4. C Manager contact information. Maximum number limit of parked automobile Trash and recycling pick-up days and protocol Noise regulations: day and niglifdRibel level lir from 10 pm — 6 am, and no excessive norsp th, normal sensitivity.,30R Location of smoke alarms. emereenc dightinQ Emergency Sea turtle pr of SR A-1 Maximum s a. Local,license number•. b. Oc aY na limit conf P.,� c. Maximum number of d. Noise regul tion sums e. Commercial event at 1 f. [For any unit located I hereby acknowledge that I Applicant Name (print): Applicant Signature: number J retrieving/storing'containers. stringent "no disturbance" requirements annoyance to any reasonable person of (for rental units located east by the County Code Enforcement Officer. es allowed to be parked outside a carport or garage. `see item 1 d. above). ice prohibition. 'SR A -1-A] Requirements of 932.09(1), 932.09(4), and 932.06(l)-(4). tanding and have provide the propriate information noted above: Attached for applicant's reference: ' 1. Prohibition on commercial events at residence 911.15(8) 2. Special parking regulations 911.15(4)(b) 3. Vacation rental regulations 91 1.15(9) 4. Noise Regulations Chapter 974 5. Limitations on dock boat use 917.06(6) & 932.07(1) 6. Sea Turtle protection regulations 932.09(1) and 932.09(4) and dune protection 932.06(1)-(4) 7 Fines ..A;tat; ►ons Attachment 16 FACOMMUNITY DEVELOPMENRAPPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 3 225 DEFINITION Commercial event at residence a gathering of people for a celebration that may include but not be limited to a: birthday, anniversary, wedding, reunion or sporting event characterized by music (live or recorded), dancing, catered food, tents, outdoor tables, alcohol or use of shuttles or valet for guests. Held or occurring at single-family residence. 2. Leased by the owner or the owner's agent for consideration in exchange for holding the event at the residence. 911.15(8) (8) Prohibition of commercial event at residence.'° (a)As defined in Section 901.03, it shall be a violation of thisiCode for any owner to lease a single- family residence as a location for a commercial evenesidence to be held. It shall be prima . facie evidence of a violation of this code 5- for an owner�to advertise or hold out the property to be used as a location for a commercial event at remsi,d(�ence. "f4 (b)A commercial event at residence held at a siteithit Is: ti - g 1. Four (4) acres or greater in area; and ;„ 2. At a site that is zoned agricultural;oa L 3. At a site used for agricultural purposes:,s:; �Al", � ` -� a must first apply for and receive;a temporary usepermitas%prescribed by IRCRCode Chapter 972 � - , prior to conducting the commercial�eyent at residence'+' c If the owner ofthe roe ib- ` () property rty is not,on the.premises at thefime of a commercial event at residence it shall be a rebuttable presumptiongofa violation of this section. (d)Notwithstanding the pry o�hibitions co ned in p agraph (a)above, should this ordinance impair an existing contract=- or commercial event at reside ; e that is sc' e�duled to be performed prior to September 3,U OT6, hold ng. the Comercial event at r_e`'s'idence shall not be a violation of this WW . Code, so long< he contract documents are3provided to tfiftommunity development director by October 31, 20N5� A� 911.15(4)b��x` (4) Parkrng or storage 9 vehrcles: �b, -'' (b) Parking orAPMrage o A, Utomobdes. Except as provided in subsections 1-3. below, a maximum of three (3)�automo6iae %not including recreational vehicles) maybe parked outside of a a p rt or garage on�a single -fan ly zoned lot. However, one (1) additional vehicle for each license0riiver permanently residing at the premises may be parked on the lot. No automobile may be partkedd or stored in any required yard area except in a designated and improved or stabilized driVeway. The: limitations on the number of automobiles parked outside of carport or garage shall no p cluW'ifie parking of automobiles by persons visiting a single-family ome. ��:> 1. For a vacation rital that has a carport or garage, the number of automobiles that may be parked outside ofa carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. Attachment 16 F\COMMUNITY DEVELOPMENT\APPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 4 Wrol Chapter 974 Section 974.01. Short title and purpose Section 974.02. Definitions referenced. Section 974.03. Noise and vibration restrictions in general. Section 974.04. Specific noise and vibration prohibitions Section 974.05. Additional noise control standards by zoning district Section 974.06. Exemptions. Section 974.07. Opportunity for administrative approval Section 974.01. Short title and purpose. This chapter shall be known and may be cited as the "I Control Ordinance." It is the purpose and intent of this chapter to regulate excessive noises and vibrations which degrade the quallit the health, safety and welfare of the citizens of Indiawlzji to recognize that factors such as the time of day, locafior sounds incidental to allowed uses and activities must be peace, individual freedoms and private property rigIHNO (Ord. No. 90-16, § 1, 9-11-90) Section 974.02. Definitions referenced:. The definitions of certain terms u ed fm is,chapter Indian River County Land DevelopmentMki' 1. N z . (Ord. No. 90-16, § 1, 9-11-90) "F ` �4 Section 974.03. Noise ands-Aftation restric Ions, in gf It shall be unlawful'ofor',�any'person to make, continue "WIRD" `��a unnecessary, or unrea�_sonably louoise or vibr: 101 neighborhood or whicli`Rwould caus' ." is "ar sensitivity. Moreover, it shallbe pro hibited,for any person such noise or, ion. contra 0t }1Cn f'�nrnvic n Section74.04. Specific noise andw�tbration pro The following standardsd restrins shall apply to uses and/or activities in unincorporated Indian with he,provisions of section 974.06, Exemptions, of this chapter. pith the t ndards and restrictions of this section shall not be subject i in section 974.05. ver County Noise and Vibration use"send act�iv{sties in such a manner as to prevent y�ofilife, dist b he public peace, and jeopardize uer County. Itis�further the intent of this chapter (e.g., proximity t6gesidences), and necessity of considered in balanci'ngftbe protection of public are setforth in Chapter 901, Definitions, of the r causeFto a made or continued any excessive, whicX- - turbs the peace or quiet of any loyance to any reasonable person of normal to engage in any use or activity that creates any ,of this chapter. ons. River Counexce t as ma con Uses and/or acti�:it�es in compliai to the noisecont olF.sstandards set (1)Radios, television sets, mu cal instruments, and similar devices. It shall be unlawful to use, operate, or permrt�to beTplayed, used, or operated, any radio receiving set, musical instrument, 101-,n phonograph, televis? �:� ioset, or other machine or device for the production or reproduction of VT sound between the hours of 10:00 p.m. and 6:00 a.m. in such manner as to create a noise or vibration disturbance to neighboring premises. Pertaining to radios, cassette players, disk players and similar devices associated with motor vehicles, no such device shall be operated in such a manner as to create a noise or vibration disturbance at one hundred (100) feet or more from such device, when operated on a public right- of-way or public space. (2)Construction equipment and activity. It shall be unlawful to operate any equipment or perform any outside construction or repair work on buildings, structures, roads, or projects within the county between the hours of 8:00 p.m. and 6:00 a.m. unless an administrative approval as set forth in section 974.07 for such construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown. Attachment 16 F\COMMUNITY DEVELOPMENT\APPUCATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 5 227 (3)Engine mufflers. It shall be unlawful to operate any internal combustion engine, including such an engine associated with a motor boat, or motor vehicle without a muffler or other device which will effectively prevent loud or explosive noises therefrom. (4)Animal noises. It shall be unlawful to keep or maintain any animal (including birds) without providing and maintaining adequate sound -control techniques to eliminate any excessive, offensive, and unnecessary noise. This provision shall not apply to property within an agricultural zoning district. (5) vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. and 6:00 a.m. on property within or abutting any residential zoning district in such a manner as to disturb the peace, quiet, and comfort of the residents of the area. (6)Activities in the vicinity ofschools, courts, churches, and°hdspttals. It shall be unlawful to create any excessive noise on any street adjacent to anyschool, court, church, or hospital which unreasonably interferes with the workings of such`iiitut on dor which disturbs or unduly annoys patients in a hospital. (7)Loading or unloading of vehicles, opening ball and boxes. It shalle�unlawful to make, create, or maintain any loud or excessive noise within the county that wouft result in a disturbance to neighboring properties in connection withgthading or unloading of�aiiy�vehicle or the opening R NK or destruction of bales, boxes, crates, or conta,iners. RA� (8)Peddlers, hawkers, or vendors. It shall be unlawf iMfor< �- a rs hawkers o ndors to shout or cry along or on a roadway tol he disturbance of the�peace or quiet of a neighborhood. ,N! . (9)Drums, cymbals, and IoudspeakesItshall be unlawful^to:create, make, or maintain any noise by the use of any drum, cymbals, loudsp aor other similar instruments in the county for the purpose of attracting attention t AH, er oiNP maricee, showM ale or display of merchandise, or place of business his pro ision shallot apply. ,W; e -cream -trucks or approval public events. (10)Bells or sirensQ h0ehrcleM3VX� I.t shall be,unlaw_ful for an'y person to use in conjunction with any unauthorized (vehicle any bell,,or siren semi}lar to that used'on ambulances or vehicles of the sheriff, fire de art lents, and-"' er publics s fety agencies. (I I)Skatb oo�arrdd ramps.'vIt hall.be unlawful to use any skateboard ramp or similar configuration betweeh7 p.m. and 6 00'a`in n a <residen al zoningdistrict in such a manner that would k� rte. ; ,result in a disturbance to neighboring properties. (12��ltir-blow cleanersnIt�shall be unlawful for any person to operate any air -blow cleaning equipment oimilar devices forth`e,cleaning,of parking lots, walkways, driveways, or similar- areas between ����� the hours of 10:00 p.m: and 6:00 a.N that would result in a disturbance to neighboring properties. (13)Places ofpublic entertarment. It sha 1 be unlawful for any public entertainment establishment or person associated with ororking for said establishment to operate, play or permit the operation 101KE �y�radio .. levision, phonograph, drum, musical instrument, sound amplifier, or or playing similar device betweenZ .- .0hours of 9:00 p.m. and 6:00 a.m. in such a manner as to create noise or vibration that is a disturbance to neighboring premises. (14)Sounding of train horns or whistles. It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway crossing located within Indian River County, providing that the crossing is equipped with train - activated automatic traffic -control devices, which shall include, flashing lights, bells and crossing gates. (15)Landscape maintenance. It shall be unlawful for any person to undertake landscape maintenance activities in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 8:00 p.m. and 6:00 a.m. (16)Powergenerators. It shall be unlawful for any person to manually or automatically exercise or test a power generator in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manki acrri utpYrtic F -\COMMUNITY DEVELOPMEN RAPPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACAnONRENTALLICENSE.DOC 6 228 exercising or testing of power generators shall be for the minimum duration necessary to meet manufacturer's specifications. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 1, 10-13-09) Section 974.05. Additional noise control standards by zoning district. Except as may conflict with the specific noise and vibration provisions of section 974.04, it shall be unlawful to project a sound or noise from one property into another property within the boundary of the zoning district which exceeds the limiting noise spectra set forth in Table I below. (] )Sound or noise projecting from one district into another zoning district with a different noise level shall not exceed the limits of the district into which the noise is projected. (2)The limits hereinabove referred to shall be in accordance with the following table: TABLE I. APPLICABLE NOISE LIIVIUS �WV Measurement period one-quarter hour (continuous), as -measured at the property boundary of the receiving parcel. In multifamily developmentsg, ,in�cluding duplex developments), the measurement shall be taken from the receiving nremicec`" kLeuelrLC1°)`�;T"INN iat noise O . z �� equivalent to at�least fi Mvel L(10). That no s t me equivalent to at le Level L(�0). That nois; £W time equivalent to at le level three (3)If the noise A:weigntea soun�et9'1-exceeding one percent of a measurement time teen 51>5) minu s# (A -weighted sound level) exceeding ten (10) percent of measurement st fifteen ((1,5) minutes. Agweightedlsound level) exceeding fifty (50) percent of a measurement s0fifteen (15) minutes. nts�-within Agricultural Zoning Districts shall be subject to the decibel Residential" Zoning Districts. =e on Sunday or holidays, the decibel level applicable between 10:00 p.m. and 6:00 a.m. hill prevail. (4)Noise levels shall not exceed the peak noise levels, independent of time duration, set out in Table II below: "FABLE 1I. PEAK NOISE LEVELS Zoning District Sound Le chin Dec ibels-N S.c�ale (DBA) 1 (dBA) in Decibels f Day a� Night Zoning District - 80 Commercial 6:00 a.m.-10.00kpm 10:0001 6:00 a.m. 85 LL� L d _ L PP f L i... 1 1 5'0'. 1 10 50 x-..1,0 Conservation 65 �`60'' 55 60 55 55 Residential 70, 6�5 �6� 60 55 _ X65 Commercial I'�75 N, 70� 65 70 65 60 Industrial 75 70 .65 a 75 70 65 Agricultural* "I 75 kah70 65 75 70 65 �� kLeuelrLC1°)`�;T"INN iat noise O . z �� equivalent to at�least fi Mvel L(10). That no s t me equivalent to at le Level L(�0). That nois; £W time equivalent to at le level three (3)If the noise A:weigntea soun�et9'1-exceeding one percent of a measurement time teen 51>5) minu s# (A -weighted sound level) exceeding ten (10) percent of measurement st fifteen ((1,5) minutes. Agweightedlsound level) exceeding fifty (50) percent of a measurement s0fifteen (15) minutes. nts�-within Agricultural Zoning Districts shall be subject to the decibel Residential" Zoning Districts. =e on Sunday or holidays, the decibel level applicable between 10:00 p.m. and 6:00 a.m. hill prevail. (4)Noise levels shall not exceed the peak noise levels, independent of time duration, set out in Table II below: "FABLE 1I. PEAK NOISE LEVELS Zoning District Sound Level 1 (dBA) in Decibels f A -Scale i Conservation 75 Residential 80 Commercial 85 Industrial 85 Attachment 16 F\COMMUNITY DEVELOPMEN RAPPLICATIONMCODE ENFORCEMENT APPLICATIONS\VACATIONRENi'ALLICENSE.DOC 7 229 J Agricultural 85 (5)For noise of impulsive character (hammering, etc.), the permissible decibel levels set out in Table I shall be corrected by subtracting five (5) decibels. Impulsive sound is any sound of short duration, usually less than one second with an abrupt onset and rapid decay, e.g. explosions and blasting. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2011-008, § 2, 9-13-11) Section 974.06. Exemptions. The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter. (1)Noises of authorized safety signals and warning devices*04,100 (2)Noises resulting from any authorized emergency vehicle ;whresponding to an emergency call or f a Z�m' P g g Y acting in time of emergency or any other public safety"operation; V P Via: (3)Noises resulting from emergency work, which is to lie„construed�as work made necessary to restore property to a safe condition following a publi lamity, or wo k�required to protect persons or property from any imminent exposure toada�; �rtNA Y ty q (4)Noises incidental to mosquito control acfiwities b the Indian River-Coun Mosquito Control Board; -:.: (5)Noises incidental to the activities of bona fide ag iculturalA Aerations; �R& (6)Noises resulting from use of an,,emergency power generator during a power outage, provided that the generator is operated in accordance with manu=facturer's specifications, with all standard equipment, and is in proper operating Ond�n. Notwitt ding, noises resulting from use or testing of a generator by a utilitcompany�;:tosupportmstallation, repair, maintenance, or restoration of serydce°operations araMempt frorW Rthe restrictions set forth in this chapter; (7)Noises resulting -fro Ah't 'conditioner' � p �` _r ,3poo1 heater•, and�similar outdoor mechanical equipment that is properly'1l6a ated, or,,c u ty-approvg M"quiet"'lWecibel model unit, or installed with a county-approvI sound barrier or other county -approved noise -mitigating improvement as set forth in section 914IZA 1'S(2)(cfi apter 91 MRoning, and section 912.07(1)(b)6. of Chapter 912, Single -Family Developmerift yF i (8ffli'se`s=or-vibrations associated with su es or activities whereby an administrative approval to z& o�duce such noes or vibrations contra to�the restrictions of this chapter has been obtained d �;p � . rye ' p from the commumtyj eevelopmntt director, as set forth in section 974.07 of this chapter. (Ord. No. 90*.16r § 1, 9-11-90';kOrd. No. 20:09-016, § 2, 10-13-09; Ord. No. 2013-022, § 3, 12-10-13) X Section 974.0 %pportunity MWIdministrative approval. A deviation frm the provisio sof this chapter may be granted via an administrative approval from the community development directo In reviewing a request for an exemption from the noise and vibration restrictions of this chapfethe community development director shall consider the following factors: Whether or not the p opos d use or activity necessarily warrants a deviation from the noise and vibration restrictions of thiscliaoter: Whether or not the noise and/or vibration associated with the proposed use or activity is compatible with surrounding land uses so as not to create a disturbance to adjacent properties; Whether or not the applicant has taken or will take all effort to limit excessive noises or vibrations associated with the proposed use or activity to meet the intent of this chapter; and In cases where the use or activity is proposed between 8:00 p.m. and 6:00 a.m., whether or not such hours of operation are necessary, and if so, are noises and vibrations associated with the use or activity minimized. (Ord. No. 90-16, § 1, 9-11-90) Attachment 16 FACOMMUNITY DEVELOPMENTIAPPLICATIONS\CODE ENFORCEMENT APPLICATIONSWACATIONRENTALLICENSE.DOC 8 230 Section 917.06. - Specific accessory uses and structures. (6)Piers, docks, boatslips and waterfront structures. No dock, pier, boatslip, or waterfront structure accessory to a single-family residence shall be rented, leased or sold to a party unless said party rents, leases, or buys the associated single-family residence. See Chapter 932, Coastal Management, for more information relating to piers, docks, boatslips and waterfront structures. Section 932.07. - Piers, docks and boatslips. (1)Restrictions upon regularly moored watercraft; maintenance. moored along any shore without consent of the riparian land ow not be used as live -aboard vessels, offices or commercial enterp with approval and facilities for that purpose. Regularly moored condition when not in a permitted repair area. The mooringyof�li Chapter 90 1) in commercial marinas shall be limited tse be vessels use on an approved site plan meeting the proy.isions des( ft shall not be regularly larly moored watercraft shall pt in commercial marinas shall be kept in seaworthy vessels (as defined in :signated for live -aboard (3). Attachment 16 F•\COMMUNITY DEVELOPMENTWPPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 9 231 Section 932.09. Sea turtle protection. (])Purpose. The purpose of this section is to protect threatened and endangered sea turtles which nest along the beaches of Indian River County, Florida, by safeguarding adult and hatchling sea turtles from the impacts of light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan. (4)Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate the beach, or turned off after 9:00 p.m. during the period from March 1 to OctobeQ811)of each year. (b)Lights illuminating dune crosswalks or any areas oceanward ofthe landward side of the dune line shall be turned off after 9:00 p.m. during the period from M_' arch 1 to October 31 of each year and shall not directly or indirectly illuminate the beach� .s. � (c) Security lighting shall be permitted throughout themi"ht so longsklow-profile luminaries are used and screened in such a waythat those lightsnot directly orindirectly illuminate the beach. � Y 4 Motion detector switches may be used. :s (d) Window treatments in windows within line" sight of an observer standini gaanywhere on the beach r AZW= : on single and multistory structures are required so that interior lights do not?illuminate the beach. W � The use of non -reflective tint or film on window- oriawnmgs is preferred;4i'Owever, the use of black -out draperies or shade sec ens.will suffice. (e)All exterior light fixtures on tlie�sea and or shore -pe p ndicular sides of buildings, or on the landward side of buildings if the fixturesoa e visible fromth'e beach, shall be lam ed with a Ion wavelength light source, such as amber or redilight emitting.di6des (LED), low pressure sodium, or true red neon thas,been recommended by °the; Florida Fish and Wildlife Conservation Commission ,tha n' suet -g ht source Witjigh etow,fia hundred sixty (560) nanometers (nm). Attachment 16 F\COMMUNITY DEVELOPMENTWPPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 10 232 Section 932.06. - Dune and shoreline protection. In order to protect the natural vegetation and the main dune bluff fronting on the Atlantic Ocean, the following restrictions shall be observed: (1)County dune stabilization setback line. The county hereby adopts the 1978 FDNR Coastal Construction Control Line (C.C.C.L) as the County Dune Stabilization Setback Line (D.S.S.L.), as recorded on June 10, 1981 in county Plat Book 10, Pages 93-93H. (2)Encroachment, ingress, disturbance. Except as provided herein, encroachment or ingress onto or any disturbance of the main dune or natural vegetation seaward of the county dune stabilization setback line is prohibited, including encroachment or disturbance caused by individuals upon foot or by vehicle of any kind. Ingress by foot seaward of the county dune stabilization setback line must be associated with an approved dune crossover structure. (3)New construction; disturbance of dunes, vegetat control line and the county dune stabilization se whereby the Bureau of Beaches and Shores ofyt}i Indian River County may permit constructignfa� Except as provided herein, new construction=and vegetation is not permitted seaward of the*, coup (4) Vehicles prohibited seaward ofdune stabil12 subsection (5), it shall be unlawful for any bulldozer, grader, crane, autom©bile; motor or any other vehicle seaward of the confy any of the aforementioned vehicles -when o political subdivision ofithe state in E&-furt have received fl K xn Pg F, 0of storage of au of the dune stabilization iles, trails, motor li alio subject to th`e j tlie�requirements of beexempt from the nMlie Und between the coastal construction ck line i`sestablished as a zone of regulation, Florida Department of Natural Resources and vity and construction related dune alteration. disturbance oftfiedune and associated native dune stabilization setback line. nne eAq Pion. Except as`eM} ressly provided in .1• � rate, drive or propelIny truck, tractor, duriefbuggy, moped, minibike, all -terrain cycle, stabilization setback line excluding, however, I by an o icer of any agency of the state or of Ne ofhofficiaa %%ties, or those operations which 01Ar taMWocounty commissioners. The parking or reation At' ike vehicles is prohibited seaward ick line (DSSL). Boats may be stored seaward of the dune ;d,.located d"moved in a manner that does not disturb, damage ?! 4 �sociated duneEvegetation, and in a manner that does not interfere t of theme ne ovassociated dune vegetation. Storage of boats is ogf section 911'.15(7). However, boats stored in accordance with -or with the permission of the abutting upland land owner, shall is o section 911.15(7)(b)1. and 912.17(3)(b)1. Attachment 16 F\COMMUNITY DEVELOPMENNAPPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 11 233 a D O t 6/2/2016 o� _ • 198os — 2012: Not legally allowed based a• -- T on code interpretation; less than 3o days xU`aC .1411 treated as hotel/lodging ta�� • 2011: State pre-empted local x4 government regulations; pre-existing `r local regulations grandfathered -in .. ",. • 2012: IRC code clarified by BCC: short - 'r :Y= term rentals allowed, can be run well, bring out of the shadows and get state f license • 2012 -Present: Code Enforcement received complaints about 32 potential unlicensed vacation rentals: reported to state and Clerk of Court. Multiple complaints may have been received .. about a particular unit. 2-33- 2 A 6/2J./2016 • 2015: BCC heard complaints about vacation rentals/commercial wedding o' events at residences: over -parking, over Y, crowding; disturbance/nuisance • 2015: BCC adopted two ordinances pro — Prohibiting commercial events at residences (allowed events already booked); use Of 4+ acre agricultural sites with TUP Special parking regulations: limits vehicles parked outside garage/carport: Ukto max 5 vehicles 2-33.3 6�.V/2016 • Proposed (draft) vacation rental o <_'e5ta bl i�sh.ed-} — Determine need for additional • Proposed schedule of fines/citations for regulations, make recommendations to .a' p �/aCat�laOCl `. BCC on rules and regulations commercial event at residence Sunset within 1 year or until tasks violations completed §OI°Y1:iY11ttFee . — Met 6 times (Oct 20-15 — Mar 203.6) "~ rf "'' public meetings (all back-up and o �``ST RACE meeting materials on county website) -_ • Proposed (draft) vacation rental o ordinance • Proposed schedule of fines/citations for .a' p violations of vacation rental & commercial event at residence violations E • Recommended "progress report" 3. year 4, n after adoption of vacation rental o F ordinance 233' 4 6/2-1/2016 233 " 5 • April 12, 2o16 BCC reviewed STVRAC "Monroe analysis", "fines/citations", = recommendation: draft vacation rental ordinance and draft schedule of fines m $._ • May 26, 2o16 public hearing =w; ` - :, • BCC directed staff to look further into _. 4 occupancy limit issues and consistency with o a septic/drainfield capacity standards E : fine schedule: supported by staff. _ .a _ '` ; • Staff made certain changes to proposed �. f-. ordinance for occupancy limits and health ..� n department septic/drainfield standards: changes incorporated into proposed ordinance. y 233 " 5 PZC considered proposed ordinance,_ "Monroe analysis", "fines/citations", = "progress report" recommendation at two meetings: m $._ • May 26, 2o16 public hearing June 2 2o16 special call meeting _. 4 —Added various provisions now incorporated into proposed ordinance and one change to fine schedule: supported by staff. 233 " 5 6/24/2016 .- r 4 • IRC cannot prohibit vacation rentals per FS F 509.032(7)(b) "A local law, ordinance, or regulation may BIG: PICT=URE: not prohibit vacation rentals or regulate the ITEMduration orfrequency of rental of vacation rentals. This paragraph does not apply to tP >Fz `' 4,; any local law, ordinance, or regulation adopted on or before June 1, 2011. o I ''✓ f -; "' • IRC may regulate vacation rentals BI;G PICTURfE�T ; • g Approach taken: — Bring vacation rentals out of the r Y. LITEMS a=_.. shadows: reasonable regulations, streamlined process and efficiency, look 'like conventional residence, enforcement/fines 6/24/2016 4 PsROP®SED County license, 3 years, inspection prior o ; ` . OR INANCE= to initial issuance and renewals ` v a a~ �; State license, BTR, local tourist tax Recornrnended' account obtained b c by staff and¢: State fire items: smoke alarms fire PZC}would extinguisher, emergency lighting ` u ' r,; re ` :`` }~x'` qire CO detector .q= Max. persons capacity determined by a :._ Health Dept. (if unit on septic/drainfield system) Y .54 o fT't�` Y+� • illi ' � �. -PRA OMR®SED. rProposed ORDI:NANACE=z- by Deputy County Attorney and `{`" lax, added by PZC: Recorprnende'dr -..:: � • Compliance timeframe provision: local by staff license by December z, 2oi6 -. PZCw®uld�.. No impairment of contracts provision: ` December 1, 2o16 deadline submit written claim to Community 5 Development .54 o -2-33 . 7 fill KV U&MIIVE&al== ;.by staff and 'reg u i re •-;��. • Manager contact (must be kept updated) • Posting/displaying safety and "good neighbor" information • Occupancy limit must appear on all ads and rental offerings along with: local license number, max. vehicles, noise regulations, sea turtle/dune protection regulations (units east of SR A -1-A) 6/24/2016 Z3j-8 r Difficult to enforce: no "midnight bed- lSleep�:ng checks" a cu:pa ncy„ X6: LIt1'1It Benefit of putting unit n 4`j_= owners/managers/renters "on notice" prior to booking ,Ce,'�-;J+l.� k� � etc a �• z Discussed extensively at STRVAC and PZCmeetings Z3j-8 6/24/2016 r"CCU dnC 2 persons per bedroom plus 2 additional persons unless applicable Staff/PZC °-F; septic system capacity is less �recornmende'd ' Note: Health Dept. capacity may be r=.= less or more than the "2 + 2" capacity K.° PZC discussed maximum cap of 10 persons L33.9 .,� 5�1 e'e • i �In � e Sleeping occupancy limit for adults y, (18+): 2 per bedroom + 2 o Ex: 3 bedroom home: (2 x 3) + 2 = 8 adults max rec 6 bedroom home:2 x 6+ 2= 1 adults max ( ) 4 - o rnrnended mit- "` No limit on minors (committee a discussed various age thresholds r"CCU dnC 2 persons per bedroom plus 2 additional persons unless applicable Staff/PZC °-F; septic system capacity is less �recornmende'd ' Note: Health Dept. capacity may be r=.= less or more than the "2 + 2" capacity K.° PZC discussed maximum cap of 10 persons L33.9 6/24/2016 e• Definition of "bedroom for occupancy .. ;r `S- 1 _ 41 (specific to vacation rental o VA purposes regulations) regulations for a residence apply to a r It to., • More complete references to existing noise ems`add:e, <` `- regulations -.proposedi=.�- Yf:: ° a. day/night decibel levels ordinance.by Information to renters up front (prior to .y-� , b. "no disturbance": hours io pm —6 am PZIC (radios and similar equipment) ,.r . =' regulations <_Y c. no annoyance to reasonable person of y 8 normal sensitivity e• .. ;r `S- 1 _ 41 Specific statement that all other VA regulations for a residence apply to a vacation rental unit Items ad=ed`to fPrO paosed ,}_ordinance b, Information to renters up front (prior to .y-� , arrival) such as maximum parking, noise G v regulations, sea turtle/dune protection ,.r . =' regulations 2-33- 10 6/24/2016 s- �x a. Interim allowance to continue operating vacation rental with December 3. 2o16 � Items aaddeddto _ "hard date" to obtain local license i ordIn. a . G. by Allow for claims of contract impairment f; for specific rental contracts in place: _sDecember 1, 201.6 deadline to file claim t 2-33.11 Monroe County requirements reviewed - consists of code and non -code items -� ;, • Staff compared to IRC's existingAkll p Analysis of_ :.-:- requirements plus proposed vacation rental zM 3no ° z M ordinance (chart attached to staff report) 'County!> ` .: • Staff finding: IRC's existing and proposed Requirernentsid requirements together are on par with o Monroe County; a few items are not ° applicable or appropriate in IRC:oa • Presented to PZC 2-33.11 6/24/2016 WON Commercial event at residence: $s,000 One year after adoption, staff to prepare TRO-R.,®SDR, _A. fine first violation �5,00o per violation � r r vFINE�S/= thereafter :;- `_ • Parking: s5o/per vehicle per day; C�T4i�_Th®Nt $Zoo per vehicle per day for repeat J a Rn I ri O -r . g violations _ i, 'i W • License: $Zoo per day after 3o business day "window" a. a.ndthen to obtain license ° 4 ,.� - . fin6- y._ • Manager Contact: ssoo per violation for -..}=� �• contact information violation o �: • PZC added special fine for noise violations:. `~ $Zoo first violation, $300 per violation thereafter M 133 12 One year after adoption, staff to prepare and present "progress report" (evaluation) to BCC at a BCC meeting M 133 12 6/24/2016 Based on new information from Number of consultant: vacatim 338 units in unincorporated IRC re nta [ units 277 units in Vero Beach, Sebastian, Indian River Shores Orchid in: Indian River County ;11-111�tl' A ii. 4. 2, =1% h N ve K Vacation Rental Units in M M Unincorporated, 'W County wY • ;a X 2-33-13 6/24/2016 F A -y k ....:"�, YE;"c do:� �' 4 ♦ 113-F�.w-�.,�«g�'``id'. Vacation Rental Units in entireE } -� = �♦ �f` Count ,i Via' ��.�; �, ..r P .::y��,�, ;.�vo�;t-3.'•. �. .G=; "jT i7 Pv� ,°�.�,Ma!rh �5.,�n �h �' ��.-w ..my.= i?j '' ...!•r _ .. °,-�.::� 4i 'xiRto-. $�'s%EP".: `�." __ ..3 ...d".. •l"-��^d',31:_ . `: c4 caTrd: Local Approach: cover average cost of staff time License for administration and inspections, and; Application- cover consultant data costs 3O i Fee a Admin.......................$7S (same asTUP) Inspections .............. $soo (z hours) Consultant data ........ $75 (3 year subscription) o $250 PROPOSED FEE 6/24/2016 z33 15 Recommend that the BCC ° 1. Adopt proposed vacation rental REC®M:I\/I'EN,- ordinance as proposed. ,DATIONS°' 2. Adopt the proposed fines/citations schedule for violations of the proposed i';j rte:. � - '►..� vacation rental ordinance. a ; Direct staff to prepare and present a r "progress report" after 1 year of ordinance being in effect. Staff Recommendation 4. Adopt application fee of $250 z33 15 I am George Lamborn, Vice President of the South Beach �l Jl V/ft �i�rS Property Owners Association. �/� /3�� -f l 7F 2-- 23 /-,6�q6s / It has been eight months since we gathered here to request regulations to restore peace and order in our residential neighborhoods. I have followed the lack of any substantial progress and can safely say the so called advisory committee formed to provide information to this body failed in every respect and harmed and slowed the path to regulations restoring �J 3 /�, peace and order — the opposite of what was intended ! I consider the substantial amount of time the SBPOA has devoted to helping provide information and input to the process a total waste of our time at least up until this meeting today. The SBPOA had hoped that the Planning and Zoning Committee would show a great deal of sophistication and help in at least suggesting putting in place some of our SBPOA 125 and 25 page report recommendations. personal attacks. Now that our evidence is on record and has achieved the delivery goal, we are now unshackled from that burden and free to defend ourselves very, very vigorously should these personal attacks again appear. To conclude, we hope the Chairman will ensure this vigorous defense will not be necessary and we can get on with the task at hand, namely passing regulations to try and restore peace and order in our residential neighborhoods after nearly another year of quite enjoyment damage. -Z_3 3 - z() Regulating Transient Boarding Businesses Operating in Residentially Zoned Communities of IRC South Beach Property Owners Association Incorporated (SBPOA) 3une 21, 2016 Irreplacenhle Assets o% Indian River Counq- - Quulirier of Life and F.nvironureru Decision Assistance Evidence •1 Review of Effects of P&Z, 5-0 Parking and Events Vote of September 2015 in the Context of Consideration of Proposed Zoning Code 911.15(9) •2 Proposed Zoning Code 911.15(9)(a)(1) One Year County License •3 Proposed Zoning Code 911.15(9)(b)(7)(d) Noise Ordinance •4 Proposed Zoning Code 911.15(9)(c)(3) Occupancy Limits •5 Proposed Zoning Code 911.15(9)(b)(2) Documentation •1 RCC, 5-0 Parking, Vote of September 23, 2015 ORDINANCF,2015- PROPOSED OILDINA,NCE I 1. For a vacation rental that has a enrport or earaee, the number of automobiles that mnv he narked outside of a carport or eara¢e shall he limited in one automobile per bedroom not to exceed a totnl of five (5) automahiles narked outside the carport or aarane. Automohiles parked ouNide of a carport o>; narase shall tm narked within a deslanated and Improved or stnhilircd driveway and not wlthln any required yard nren. t .1 RCC, 5-0 Event Yate September 23, 2015 ORDINANCE NO. 2015- PROPOSED ORDINANCE 2 July 28, 2015 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVERCOUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 801.03 DEFINING COMMERCIAL EVENT AT RESIDENCE AND SECTIONS 911.18 AND 912.18 PROHIBITING! COMMERCM'EVENTS � ATRESIDENCE, WHEREAS, single;family homeswand'neighborhoods "are not,designed to handle thetraffic,';nolsQ;' litter!fand;parkirsg'pio6liriisassocfakod:wuitFi'ilarge commercial events; . x „ 1NHEREAS, n e e pi. the; eve rtfelolow neighbors; attenda""nee and are seeking n out extra'income--at°the ex use of;thel and Proposed Zoning Code 911.15(9)(x)(1) One Year County License r"Rm xn m no-.l.n5mu. R IHR r.rra w Fnd.am'.' 1 1 vrhn JRXI I) 1411XIXIXMMXMXMMMXNI1111 11011141-14.11I1NH'1 NAZI. 1:111' S 2 .rhn 181199 t]JIIt3m0@(101001U010 i1 SILIVR PAIN HR III A J '6' 11— 3]J013pOro)(Mr31X100R20 SKF'IASIRI'INEIN CTT' J J lrhn �K7MY. 114111 I fX100XXPM101M111.0 .1 HATE PAIN RD Cm' hnrrelxRv 17)535! 1340110000'RIIMMYXMIIXIO RSI IIA' N! PAIN RD CII']' 6 6 vrhn 191721,` 11a10500gM0px1000000 fYA1 Up IN CITY 1 l hnne.x.v 1N0R161 lmllIXMIIRI2JIR921 I) Jt] F'IHISX.P.]VINIH RH LTIY R M Xrhn 1')2659 J13Jn1HMgttNIBgx101YU2JII110IMIHNIIMXM—I 1Y F IDDIF:W(X 11) NI) 1:111' hnrrcvwnv 17,12 -FIDDLE -F'IDDLlilVIN1D 1411 CITY In In .rhn 5KR1 12Jn121MmNIYN X)5 M1111VP.t)AARH CITY 11 II vrhn 1NPn1 11J0110Kr12002n000 Rl X11 IRIS IN, CITY IT 12 trhn 1.175 ttJf115011f1131Mpf(XI1Nlln 'MSANHMITR IN CII)' IJ 13 vrhn RNI26l AIJAMH0001300501MMMNn% IASMINRIN Cr1Y IJ IJ hrrnR.xxr ,1,11162 11My00PAPMp1(XXMNMI 0 ')2IIARI-11)IN, CITY IM1 i iii lwrnrFr ^r9�ni iniinil ilri )rnnV iiilinrninrinwnlAnu i, nr.!lniwWWLINWII„ii riu Iii1LL. Ir �iU vrhn rt311135 rff xIJ111131MNMYAIlM1101WJ..L nR522 N'.\I.\`i r„IXI I'r! 1R 1 ap.1lrenl. cum NAI NenI J5J0311MMMPXMMMMMMX150 NAI RYFY NH INL' 16 2 vrhn :8115! llJlp l0l00A0(XU00010 SMI RPYF RD IRC 11 J lrbn 51PIy1X 3I I"XIXXWW00 020",IT' RI, IRC IN J hmm�xly 'l,11JXx 3t 11M-01r)IMMMMIIMMI00 L'13 RPFY NH IRC 19 lrhn 666YA2 .1tN]]ttYM111Mr0MXYXltO Pff NIIF}'NIl IRI: Tn R vrhn II IM1M/ 1W021n(MX111MMMXMMWM1O 1.1 RI,F}'NII, IRC TI 1 n r Illul. 7162'X1 1'4NYJ21Xx:X111RMXMI1X111 :4%RHKIIW AYAIA IRC 21 X Annevxlsv lM'X)9J2 .l WOIJIXMMMXM11gp1X110 IWAI SIIICAIWAYAIA INC SJ 9 1.1 11dx10 )1JIIlJO1N101UMMMIIM210 21711,1RU WAYAXA IRC 14 10 vAn V. 1 .3-1JIXM111TMX-01,0 2211 W(1CIA”' CIR IRC 2/ 11 vrhn JS'lM3 A1WIW0n(MYSn01MMIM103n 2211 W 0CPAN()A R4 CIR. IRC 26 12 vrhn 191211 AW0110f00'MU00001023X1 W(M.1AN(),M C'IR INC 21 IJ h---_157 11JIp11MXIlIMXMMMXX119 U IMO IIIHHRN PPARI. 1'1. INC 21W vrhn 1111M 117)26011(I1W)NKMMM)21,0 FNIO R(IRCI III) IS IAND CIR IRC 39 It lrbn .1115 llt'nIlxp xx.MXMlI (! 1M11R.NANHPIPFR U) INC .10 16 vrhn 320,111 1AN2101pIYAMMXpIXM110 1995, NMYR4 CI', IRC .11 11 16.6161,3 1W12IIMMX12 xxx x",” 2116 CA VA IIA RD INL` 32 Ix vrhn .1J''m 1131•IIY001UIMXpIXNIxn 22305ANDI::RUNGIN IRC 33 19 h=.wav 1132150 12191PATMM)20VKY"Xal 6A55131AW. IRC JJ 2" 715S-IAILLMIARHHR IRC JS II vrhn 1XiXYl 31JI1111MXXIIIIIXXNMXII')11 913'1 NI'ANIINI:IANI; INC JR TT vrhn JSM4 1 13WIMX102(WMX.NMM10 '>'IWI FRAN(2PANI HR INC J1 2.1 112RP11 JI192RXgIWXMYAMMM110 911RXM)II IR I MIN IDR INC JP Nlltl 11� 10111111f11�hmnnwnvjl1111 liktl^111'{^pGIJ1t1TK f;1 ljl{ I n 1111 °jl'.11JI11XUIXNWOINNXMX111.11- r'Pirl+'i�'115 4999.1Ik15 I�tl q .+@If' 4 Xs711fp�tlliJ11�91N1001a1XX!0011ns oi�i E!{C€; I1L'\C'11Ci)31HHR IN:p^" 11iff1I;EE' !!F" k.... ...... f{olipE pglll9,��1!1^ ! ii'S;P Mir9Y UP.Y,I;�I V�t�.ff!"pu 1; p^+^pp1'P,i+tl' J, i+�}Rs 1�g1�Nggl1i 164'.'`!2X;11 p o kl 19 40 € jll r,ll:{�!II!'-:i'p'lyfho�pkf {I[1i1p1' GIiP.1.,.9 4 I11J jl rli 19{ �li� �!i11�1i� �13.�..1{iei.yl•,14i "1'!11'1X2 t12JI119ttM10IMMpMgN0111 93361,41,,114 I E IIf rl' 1111164 i �'�e�1 Jt 1111 pCfr pl!,I.J++i I�11 i * j�jlj �lj�l�r9qij 1,1121'11. pyy } u^p j1'{Ij�ll1IIIl1 Ipi 1 rjli 1q�39941hN1191yyy'96612J0171MXq WIXM1p1U110 tptlyppp r 9 11I11rII1I�ItlIYNBul1111ByuAl9e�{{1L1�I11RSIEkllitl �lI!IIR4� JS t l 2111111.Il�Ik.lr��ljf lrh'IE�EtlIfnE111L111�1;�!1�+.�9�1R112J91911f9110I')IMMf�XXMMMXMlll.0k�tl1Y3111+Y1�lY�IX1IIJSHIJ.IN.1E{411YI�d�19liV XgyyY6y+?K �{ Proposed Zoning Code 911.15(9)(x)(1) One Year County License •2 Proposed Zoning Code 911.15(9)(a)(1) One Year County License proposed Zoning Code 911.15(9)(a)(1) NEW ORLEANS 'FIN w S 0 Swwr-TERM RENTAL FIOUSING RESTRICTIONS While Paper Q R0 IN SON &COIR,:! One Year County License !lest Prarrire Example* son Luis Obispo Couuty California. The vocation rental utdinauce adopted by San Luis Obispo County was adopted for the smeral purpose of ensmins that shon- tenn rental uses "mill be compatible with surroundine residential uses and will not acr to !1,11111 and alter the neiehbmhoods they are located within." More specifically the county found that "residcmial yacation rerdals JuIve the',pote»tinl no be.inconrpatible with surrounding residential msec^jcspecinllyi}eheusavernl',nre concemm�ed ht the same;aren7,tlrerrby having the potential for ndeleteeions� effecton the'ndincent'fbll.rime residenK-" Accordingly miller Aran prohibiting vacation rentals in county uei=lnbmhoods. Star Luis Obispo County ndopted the following prosimiry restriction on the use:- - 300 [N]'o resi'�lenti<�1!i;�acatiof rent l shall!,lie!loc feu wliliin.1;S 10ie5r feef;of a parcel on the salrie,lilockloii �� hLch?;ts' local' CU'ii lv"'�i.si " " "� � delihal ea�ation rental.ol^other type''of v>sitor- Sel�'iCltia'aCCorililiodBtiOli thAt 1S'6lltside of the,,Collinl6'C181 lalid Ilse Categoly.S9 •2 Proposed Zoning Code 911.15(9)(x)(1) One Year County License NEW JEERENENVAL City of Marathon $750 $500 City of Fort Lauderdale $750 $500 City of Wilton Manors $750 $750 NlagerCounty $500 $200 Monroe County $493 $100 City of Fernandina Beach $300 $200 Population Per Capita I Indian River County $250 $0 •2 Proposed Zoning Code 911.15(9)(x)(1) One Year County License No. County Condo Dwelling Total Population Per Capita I Osceola 1,026 5,123 6,149 280,866 46 2 Monroe 403 636 9;039 72;897 70, 3 Franklin 15 96 III 11,530 104 4 Walton 176 292 468 56,965 122 5 Folk 998 3,06.4 3,262 606,888 186 Il Flagler, 80, 50, 130, 9,7,1'60, 747, 16 St. Johns 56 57/ 113, 996,07'1- 1,735 17 Uolusia 954, 85 239 497,14-5 2,080 2 Pinellas 174 114. !1 288 920,381, 3,196 26 111ndian 27 River 11 Broward 9 22 RR 281 31 11 369 139,446 4,498 1'77I,099 4,800 28 Palm Beach 71 107 178 1,335,415 7,502 29 Dade 260 69 329 2,551,290 7,755 32 Hillsborough 11 23 34 1,256,118 36,945 167Grand"foul 19,074,434 1 a3 Proposed Zoning Code 911.15(9)(b)(7)(d) Noise Ordinance ti mt tw nn tut q r;3'L k lvnr to xn rsa rnr:av r.crlrxna .c nrrrcr: J1r.JlOR.1:\'Dff,1! B 2 1 t, IJ Trial 0.16. raultr974.05 11 11 0 11 n 6500 so so sit Sp Rra+onror Fine/Cnatlon: to, txiN+tile Cway Multiple 1841 1.596 1,492 622 5551' Elan ,Wall— Total A—t, or nttrr 0 6 J 11 9 Party Total Am,t, r Fimr utak r 974.03/05 n n n n n tl 11.4% 0.2% n.O% Reps wd at S'IVRAC a3 r x974 CEB •1•estimony -January 27, 2014 11:51 14 Case #2013110029 — Vero Beach Shop Cntr. Assoc. Ltd. (Joey's Bistro YNot) Mr DeBlois indicated this case had to do with noise related to music, emanating from a business located on the subject property Inspeclor'Jeflerson'confirmed ,-,"& ce on'Joey;s South on"I aQ6ary 17; 2014, andlsuli'milted;;fiv;j;pliotographs,,into,!;evidence,; She testified she had received complaints regarding loud music coming from the business five evenings a week when there was a disco club operating inside the building. Mr DeBlois submitted into evidence the sections of the County's noise ordinance related to the issue and read from sections 974.03 and 974.04(13) of the code. He related the Forest Park subdivision was located in the vicinity of the subject property and various residents had complained shout the noise. Ms. Marlene Spear, 21.';F„orestPar k;Drive,, Vero,Beach,",:testitled,the noise problem had uisted tor. two: years "and'' although the' Sheriff: had Ibeen:called numerous,times, nothing hacl Been done to reduce the'noise fromi ilie club acid cars inalie parking IoP" Slie specified'tli'e music''starteii''ab9 30 pim'aand lasteclbntil'1:00 a.m..,nnd the noise was a constant pounding boom that she could Bear from inside herlhorne'with hehwinilows,closed! Mrii;iCharles;iGuyette !35 !Forest';Park, Drivel: Vero:Beach;ti;;aid'a,thi re were woocJs between th6busines's�and his residence and he heard tfie,musiclnoise inside his home when the windows were closed up until 1:00 a.m. mt tw nn tut J." Total CER Qmtbm B 2 1 2 IJ Trial 0.16. raultr974.05 11 11 0 11 n 6500 so so sit Sp Rra+onror Fine/Cnatlon: Iur0a1 PWIk Multiple [lip Boat Rtpalr Elan ,Wall— Hap B.[—. ROW Party Reps wd at S'IVRAC a3 r x974 CEB •1•estimony -January 27, 2014 11:51 14 Case #2013110029 — Vero Beach Shop Cntr. Assoc. Ltd. (Joey's Bistro YNot) Mr DeBlois indicated this case had to do with noise related to music, emanating from a business located on the subject property Inspeclor'Jeflerson'confirmed ,-,"& ce on'Joey;s South on"I aQ6ary 17; 2014, andlsuli'milted;;fiv;j;pliotographs,,into,!;evidence,; She testified she had received complaints regarding loud music coming from the business five evenings a week when there was a disco club operating inside the building. Mr DeBlois submitted into evidence the sections of the County's noise ordinance related to the issue and read from sections 974.03 and 974.04(13) of the code. He related the Forest Park subdivision was located in the vicinity of the subject property and various residents had complained shout the noise. Ms. Marlene Spear, 21.';F„orestPar k;Drive,, Vero,Beach,",:testitled,the noise problem had uisted tor. two: years "and'' although the' Sheriff: had Ibeen:called numerous,times, nothing hacl Been done to reduce the'noise fromi ilie club acid cars inalie parking IoP" Slie specified'tli'e music''starteii''ab9 30 pim'aand lasteclbntil'1:00 a.m..,nnd the noise was a constant pounding boom that she could Bear from inside herlhorne'with hehwinilows,closed! Mrii;iCharles;iGuyette !35 !Forest';Park, Drivel: Vero:Beach;ti;;aid'a,thi re were woocJs between th6busines's�and his residence and he heard tfie,musiclnoise inside his home when the windows were closed up until 1:00 a.m. §974 CEB Testimony -January 27, 2014 Mr. Edward Zettle, owner -manager of Joey's South Inc. d/b/a YNot, said he originally had eight speakers on the patio and now he only had four, and suggested having decibel monitors in the subdivision. He stressed he wanted to comply with any recommendations from the Board. "Mr. DeBlois noted decibel level did not really define bass vibration that would cause discomfort or annoyance to any reasonable person of normal sensitivity" Inspector Jefferson recalled in 2012 she had taken decibel readings from both the subdivision and the parking lot of the business and based on readings at that time the Respondent was not in violation. §974 CEB Testimony-,lanuary 27, 2014 12:22:54 D'N' MQTI�Ni;''BY ! Mr:. Gervasio, 'SE'ICOND BY Mr. en b6r I:: P;efrula'k;,the m s,Ivotedl(3='2),I,tb.jjind1h"e,!u,io'lati'on, ;, ;:, ,.i,.: r� . ,. ;�.:p!: ���. had occurred` but' was 'currently i'ni:tomp'liance and :IS ! :i: :! I, enter,,aj;;Continuina,;,4r,dler so;;;ifithej;,;violation occurred ;j� J! !i!"j: ;,..ir;: rya, ;l• : ..�. ' :I��:,'��i�:.. .: ... e arnpose'tl of 250 per, it tNie futurethere'w'oulcf.be!afin $ tla,y, for, each,l,�;day ';of; ;recurrence, ,'subject ;to a il�lli;li:I'14 comp'lia'n'ce''healnn9' Y " b'tf111ei�'BoairidMr",.:'Petrulak and Cha irmanel Clements,,opposed.. -3 4974 UB Testimony - March 28, 2016 6'49*13 Case #2016010076 — Vero Social Club Inc. Mr Roland DeBlois, IRC Environmental and Code Enforcement Chief, summarized that this case had to do with noise ordinance violations that disturbed neighbors in a nearby subdivision. ll-lelk�statecl, that although the`r`oei'is c6i�rbht' I.,..''11.11 , �. " I;lr I and tel asked d,,thie' violations, 6ccb�re'd!,�'6h�,,t�46�1:66casi6'ns'ii'�an ��ias e �!'boardj&j!a -contin'u ing !order forfutu re,violati6nss1--6"`that a fl ne ;c6uld be imposed ifIn:* le"cess'a"r"y" He discussed the ,twd' heri,srep6rtsand"revieWedSection 974!04 of th&dounty. code In �': "' which; describes the:noise and �vibrati6n�;standa'�ds,!allof,wh*ich Ibnt4dd into evidence'! 711.12 ON MOTION BY Mr. Zimmermann to approve Staff recommendations for a continuing order for compliance ora $100 per day fine would beimposed. THItkE*AS 7 12*30 ON MOTION BY Mr. Clements, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to NOT accept Staff recommendations for a recurring order. -3 Residential Non-RenterTestimony -.lune 21, 2016 A, 1-?. 11)—, Mil IP: W.;P, N— c -"t, 6— .1 C.-,, Cannvcseernn f d; —q— I-- rvparClnp —'h—hood —o- h, mmn lean norms r. U"Uh P—, C-- -,fo '. s—'r, D— -- I— I.IPI'll!"I" "u, 1h. , IP,PJ c' -PP, to P,.? A!- a wmrF I-1 -% Igwold to Uht 1911 -1 n Mir If—k 1,P1 101.1. ,hN.. I Teva --d oh— hd� QP, —,,P, -V. —I "'Ph . ..... .. ntYynrcntlV cl—W= I and I h. W - W, cam Iv MF mY Uwr, Yafeb !e Phd nll P'. --u—d .1— —INIV y-, 1 w -11 lain,n P -r .11d —,%e— .. ... ..... —1- Uil P,- Ph.D., P.D. 0416n01618:06:39 AHAYES 14-11—YES. 2470 S Al A IS TH E HOUSE IN QUESTION/ ON COING ISSUES W NOISE DIST BY RENTERS 04/61.016 18:10:23 Ithom" N-11— Dhp-h—Wed byvolt n" 061144201618:33:40 Ith—, No neha -dloo... Nolellen et W, fl... II.W. to ePl,r tont p1t, .. v.. Residential Nun -Renter Testimony -.lime 21, 2016 Residential Nun-RenterTestimony -,lune 21, 2016 R A D I O L O G Y June 16. 1016 My "Ife and I have nad a house on South Beach for 37 years. until years ago It was a aulet safe haven on the beach. Then my "good neighhori as they call themseNes, opened the motel from hell. My'Cood m! Hhborv" actually built a stat—y from their property onto my property sa they and their translena could lle5pam easier ebo31 our property In and from the beach. Thoy have erected loud speakers built for outdoor music festivals and they are directed at our home Th c "good neighbors' and that transients keep them blaring night and day, Many a t(mes then! hove been loo, mule ear. parked on (ler rntntlat enlydnl'L' Properly, And It IK net unusual to have the drive blocked by parked cars. This has Icrl to my wife. feeling "'sale in our awn home. Milt the .....slant changes al the guard, the herrl6la noise, and disregard of our properly. 'Matta H Farman MO 1440 SF 73itl St Vero on, ch, fl •3 Residential Non-Renter'Testimony -June 21, 2016 ^3 THOMAS P. GILLMAN, DDS 300 Gatlin Avenue Orlando, FL 32806 n.n: rM my rMn�on, nm+ ag,k,, vr. +• anppaling to !I.. fr.nnry (nnmhslMnn, 1 nota rvlr :, nrpdmk .ry Mmn.,nern to Ptatttt :M hrvnrnvn+v. It wn lived In ar, 4n0 —Id we —hl — h.,vn m nn too we rmlmwrwn ly mmn Ixnneavnns h.,m ro wmMer nsWn !m orlon, ,r [belt nnlyhbodund. x m, naw W-1 In mut Nnl, h— hY sb. dry and hat. no my,w:( IM the iwlrhhw• It: Iuwr P^rsrn,alrY t.Mr,ul>JwteJ Iu ke0,4—I N.- I.V 6,snvrn,n Mol rumen of 0 4., [iM1 remal Irouw o.a[ to ns.. Tlraro wrrn rtvan:v urw wroul+ IarnL:tl tler Muer n one lime tl nnhnnry n•1�Mllun nr.:lp,nry O! v� 1n tl.(n9n Ixnp4. I I,nnnn111y ne nor Nln� wn ,honln 'y h,v. nMti mnt,h hr . nnxb•nlial rurnnlr.nhanf :n all hn[, In iur Lev: I hnM wn wn h„w. M. Mmaamn [nnnnWs.y!Iw—u ,ofP«,yAn aI M.coma ann Jo.,v.sy w91h..d—'P.J—to Mlp M61 d[:wn tht nrZ. thorn tum bon If— when 1 win rnsidr my Irons ,n rvnn4l ;went Ilrn sniA nary !t,1n ”' tM nn,crl w,s Gdnl. on » mY Ilv'In,; rnasn. I[ los dorL ne�to g_,oA tP talk to tiv rmt.l oa.ru, unrrlwx,okllh.,n•eo gnr usM [n ii. ay r)n 4rne t i^, ,hn rMn.l prnpnrry turf IO.en Mawr:r. Yh w.ar rn tlrr• Ar'rve w.n, and Ino. roar. n tha tlrats, flfie.Insv:s nnrtM!nrrp.y.su atb.lMr drur•g.rrd dint turn rsn'yat sl:^ orrlghbrus !y) ar,n,rq M.unaLv,or rrr�d.,nre,.. I:t Your thrr rnrmm�sk,nnrv, carr—l"A tlww M Inn in u,n nnlCh!•nit.n,rl I Mm.a WAr •nou41 nM td. [-, sxs, up nidi thi, in yn•r rwitlilwrha:d argil nnnlrnr do I, I I.v1`r vrn I.. w,A MnP m.nntan Vmo UnM h.ise ArurnlAe Pte,.N lir. tlnwr n V. [.Alnun, tl.9.t Proposed Zoning Code 911.15(9)(b)(7)(d) Noise Ordinance Total Noise Disturbance Calls Serviced by IRCSO 2013 -To Date IOP3Pto 6A31 "NIGHT", ` Calls -16 I OP\1 741 13.3 IIPV 721 - 13.0% 12A.M 613 11.01.; IA.\I; 462 8.3.11; 2A.\l - 326 5.9% 3A.\I'=•a 197 3.5% 4.4.\1 •;' 103.. 1.940 IPM 77 1.440 2P\4 11 1.4% 7AM to JOPM "Dal'^ call: -16 6A.\1 61 1.1% 7A -M 33 0.6% SA -M 33 0.6% 9AM 42 0 ss LOAM 52 0.9% IIAN 42 0.8% 12P.\4 66 1.2% IPM 77 1.440 2P\4 79 1.4% 3PNI 86 1.5% .1 71 a. — - I'll :;nl Ito! ^JAS WI !. ).d: WI IC.I GL = .1 1. !— %!" ❑RI — !iL ):I •4 Proposed Zoning Code 911.15(9)(c)(3) Occupancy Limits •4 City ofAnnn Marin, Manatee County See. 108.53. Ala,hnum occupancy haled on life capacity / IBnitatlnm. 'rhe maximuln'occupancy of a Vacation Rental shall be limited to the lesicr or: (1) jTwo�rwm.ns per hedrnnm ithio the Vacation Rental (Counting only those moms tam naps y ore l c M11M. u h'ed,66m under this Chapter). (2) A'total of eight occupanLs per Vacation Rental, inclusive M=7779 guests, 1\ I III.CIIII:1'1l 1•[lt'aT 111' Ill; ll\l',1 M ILII', 1111:111. [ 11 ,t\l tla IT(OP, M11,11.1- Nt tl ualn�ftll./'i tEq l'\M o111\ 11UVr:A 1117. n4M1 ��\� ui, ,••u :. w I\v,,1 rww nm�ne n�n�Jt. aunR aaW• [ rrm.ru 1'11\ ll'.,\\.1>4taI.4, masniglal a11M lilt of tt. W, Iknrlam. roan,u 01:11110 14101111^{1I1n la\' fill HIM. }I.V a,11'I111pTu:\pAW I:ILW I", Ur11pb.N 1•\MaIIM rl n v1\,1 vt'n.r uv n lu:.nv-r' Roth parties ,agreelhatah'c''iinly:issiic fir the.Couitjo d:;cidc:is,,whethe'r.I)Ll''e ilant's .StTtion 10$53 orArticle 3of t)rdinarux f5.80Tiv'iiull and''void and conflict§ (Oh and'is Proposed Zoning Code 911.15(9)(c)(3) Occupancy Limits prcempted by Section 509.032(7), Florida Staiutc, ARcr ri rcJie4G nfihe grdiitnnec aird'Section. 509:032(7),'ihc Cmiit rinds thin the Ordinbn' c doeslint cim0ict with Section 509.032(7): The Ordinance does not prohihits•acution'rrntuls that have'hixtoricall'y been rented to mote guests than is permitted under the occupancy regulations set forth in the Ordinance. lh li'niutiinn nn occupancy is 'iigutatiiiri thutd(ics''nui iinj>ingc"in'u+iy way iin'thc regulatory subjects of Leyti:ncy or duration of renttil:is outliricd?ii S�ctitih SD9.D32('): Therefore, the, regulation of the Ordinance is ❑nf in con flirt with and ismoi plcempicd by Section '5119.Ut2(7);'I•hcreforc, it is ORDIiRBD AND ADJUDCI{D that: I Plaintiffs motion for final summary judgment'ngainM Defendant is,DRXIF•D, 2. DNcndant•s motion for final summary judgment against Plaintill•is GRANIT.D. DONT; AND'ORDERED in Chumbcrs in'Ilmdenton, Manntcc Countj.Thuida, this Sit' day ufApril,2016. 1` i 1 f, :' ..,All. •L........ �:l �Y�!t '��' ._......, Smith„ir, (.irciliu.11c e -4 Proposed Zoning Code 911.15(9)(c)(3) Occupancy Limits radian RiverCotmiy; (fnuackvnclt) IAT Vero I Inldfrms. I LC. vs. dndinn Rivnr Countv Circuli Court IV' Jud0al Cbcuh Casa No.!2dO0;0719-C.A-1'/ Ciisn hus brvsi didntis54id 'nii,rilnr,+i�iv'ioir� by'hu114, 1,6 i6 County. Bent Pinn Pto:.n vo, LLC vs. Indian Rivvr County Circuit Court 19'" Judicial Citcuit Cusp No., 20110.0710-CA•17 C.ise hu tinifn'tliSmisaCif=nu CunitndtilouV by tnd(aii RiVurCnuiniy. 5rdmsll'm Mtn Pork lfi0. LLC v,, Rtdtitn Rivet Comity Circuit Court 19" Jtalirial Cbcuit Cu qu No. '7.000.071'7,CA. t y C:i�ir lis , ht fi dls;rttlssi�0 °nn'rincessionsby k6fl RiGei,County Dilvosta fiomns. I...P. and I1rVt. ,tn Harm -:l Inldirtg4. IAX, vs. Indian River Crnlnty Circuit Court. 1 1)t" Jittlinal Circuit Caro No.', 2007.0109-CA•19 Ca'4I 15 on.grting howwer Ihn- p:ulloa hmn; onlomd Into n sotlbloumt agn;umunl (rov6uns to IJevulopirient Order and Dovdloper't: Agrucrncm). A hearing has boon •a:hrduled lot Au(ptsl 7 2010 n:rluuStlrgl the. Court to applovn, dna SrRtltamunl nnrd dr; miss the cn511. Moan Conpoto, !nc. ;tad Gouuln Mrldb vs, Indlun Rivnr t"ounty Cucuit Coun, 10 Judicial Cbcuit t. use No. 2007.1509•CA17 casri is on•aoing.', •S Proposed Zoning Code 911.15(9)(1))(2) Documentation INDIAN RIVER COUNTY, FLOIU:DA MEMORANDUM TO: Short'rerm Vocation Rental Advisory Committee ,& MOM: Stan Doling, AICP; Community Development Director DATT: November 4, 2015 SUBJECT: Vacadrin'Rental C'ti'cal Llccnaiig tied Tai Compliance It is requested that the data herein presented be given formal consideration by the Short Term Vacation Rental Advisory Committee at its regular meeting ti November 12; 2015: Issues oro adegrwtely addressed In the list hyrRcrena to existing county regulations for diose sterns (soo attachments 3 will 4). RECObLNRNIIATION Stuff' nxoemtends that the commute considrr the Inca) licensing requires." s awl pammetcat list prrrvided in this report, and r m•ide xtaff with ditrtniaa on specific requirements fnr incolmentlon into a draft mdinancu to be cmuideted by the comminee at u later date, ATTA411Rf rYCti 1. Momoc County Vaatio i Realal Onfiturmc awl IJccnsc Applicadpn Wwrials Submittal ds Reconurendatitms from Ili, Moorings Cotmnince on Vuemion Rentala 3. G.wupta from Existing Chapter 474 raise Regulmiom 4,Excerpts finiteCxisfing Iloat-related Regulations S. Rcccrpta from Polk Gmnty VucnGon Rental Guide .r Proposed Zoning Code 911.15(9)(1))(2) Documentation Subject:"Ta'ii6ble Persona Property.&N' IcitiopRentals Fi-oin:l!StaiY,Boline'-csboliii2l,(-.i)ii�c2oy4�6iii> bn"te'.; Fii..6 Nov 2015 09:31:56 -0500 To: "Glenn Powell at Piluishide (elciui@,)piliiisliide.cotii)" <g1emiftilinshidexoni> CC i"B illble'G rl'ai : <ElDe6ma 1@iregov.com Glenn. I ran across this 2012 information which may be helpful ..... Stall SKMBT_552pContent-Type:application/pelf5.. Content -Encoding: base64 Proposed Zoning Code 911.15(9)(1))(2) Documentation David C, Nolte, ASA. HHINDIAN RIVER COUNTY PROPERTY APPRAIRCR WE ARF. Hr. RF. TO SERV..--: YOU FL 12M mrMORANbum Date: 'July 13, 2012 To: Eelty Davis From: Sharon Halmla, Tangible Dept Subject: Rentals .. .. ....... Following is a description of Tangible P&io - iial Property as it applies to Rentals StTA1]lr,l92.0 Ii All property to be assessed. Includes all goods chattels, and 6t a articles of value (but no', certain vehicles) Capable of annual possession and whose chief vnlue is intrinsic to the article itself. To'sirnpfjfy: If s6hn6biie is rbintin6 a h6rfib-oir Condo(apt)outall Aii;ts,'ihay pio�id6jthhir,terl',-Int,viilh,that ii;'11601 includedjn the Real Estnte assessment, s6i�h•aIs appliances;' fuInjtUi6,&itchen,s mall wares and lininSr(if npplicnble) Wirido%Jreatrnerits, calling fans.',We do nat1nclude'cirpct!hq or oidinary floor covering-,,paini'or'wallpaocr, Proposed Zoning Code 911.15(9)(b)(2) Documentation gn.��LJ I:�JLI LJ UoU �W� Homeowner's Tax Guide Vacation::Rental; Don't lvi;r. your invnstntmtt through non•payntcru or texas? Published by the Tourist Dovelopment Tex Academy OFFICE OF JOE G. TEDDER, CFC Tax Collector for Polk County, Florida •5 Proposed Zoning Code 911.15(9)(b)(2) Documentation B. Tangible Personal Property Taxes Nfitfi ieai'rl in vecatinn fioiiir ieiitt l,Pthe.terrn io'ngible,persnnal prolierty sexes refers to ad,va lurem taxes oil the''nssessed value of furniture., fixturesi'nnd egtiipmeiit 1ecaled in the business rental dwellinc. 'A i.wirhl�imy other business, the owner. is reiluire<I,to file o,Tangible Peison`al Property7lix Return EACH YEAR by Tnngihle Personal Property Tax Exemption is nvaihble for ttgihle property that is valued less. than $25,000. '�Howevei tie proper ty`ow"n"emr is retpriPed to file a Tangible;Personal'Projterty Tax'Rettrin to qualify for the 6einptioni The Tangible Personal Property Tax Return must be mailed to the Property Appraiser of the county in which the furnished rental unit is located. Just like ad valorern real estate taxes, ad valorem taxes on tongible personal property arc levied nrinually and assessments are made each Jenunry 1" The ad valorem tax roll is also certified to the Tax Collector by the Property Appraiser, who determines the assessed value of property. The Board of County Commissioners. School Board, municipalities, And other ad valorem taxing bodies set the millage rates for such property within their boundaries. The millnge rate is the dollar amount to be paid in taxes for every $1,000 of appraised valuation. A mill is equal to 1 tenth of 1 percent. What happens when tangible personal property taxes are not paid? Answer': A i i wmri ni is issuPdi' Proposed Zoning Code 911.15(9)(b)(2) Documentation Subject: Re: Tangible Personal Property C Vacation Rentals From: glenni2845Ca2mail.cont ' DBte:, Frii',6 �Ioc'_O 1 S;1 Z:0§ _5 -05601 To: "Stab'Bolin¢"'<s6oli i¢ atircgoc.coui> CC: Bill'Delimal -,BDebtnA(E11irc2oV.co111'- Thant s:!land ytkes!'! If L'iii reading this conectly. airy rental (atmu4il,'or"6th&ii ise) that provides. let's say, n refrigerator, ceiling fanoi even a wiiidow.blind'Gas to file a retwn. even Leith d 525.000 exemption. This would he'alntost every rental in the county Glenn On Fri. Kov G. 2015 at 9:31 ANL Stan Bolinuno ircaor.coni> wrote: I Glemt: I ran across this 2012 infontution which may be helpfilL Stmt •5 Proposed 'Zoning Code 911.15(9)(b)(2) Documentation SHORT TERM VACATION RENTAL ADVISORY COMMITTEE The Indian River County (IRC) Short Term Vacation Rental Advisory Committee (STVRAC) met at 10:00 a.m. on Thursday, ;November 12,:2015, in the County Administration Building. Building B, 1800 27a Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the minutes on the IRC website- ati»v.irrgov.comt8onr dyShorrtennvacntlonrentalndisorvcommiuoe/2015. Any residents interested in serving on a board or committee, an educational tool to gain an understanding of State of Florida laws regarding government in the sunshine, public records, zind ethics is available for review on the: IRC website - littir.?/vvvivi.ircgoy.corn/BoanisJSunshine Presentation.o(If. Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman Joseph Paladin, District 2 Appointee; Joel Molinari, Sr., District 3 Appointee; Alan Curtis, District 4 Appointee and Dr. Robert DeWaters, Jr., Mernber-at-Large Appointee. Absenliwiiie:;i61ennli;Heran'aDisinct 5'i Appointee; rutil;IAngclal;;Beckley Waldrop, Mem6er-'at-Large''App6intee'(excu sed). IRC staff present were: Stan Boling, Community Development Director Bill DeBraal, Deputy County Attorney; Roland DeBlois, IRC Code Enforcement; Jeffrey, R. Smith. Clerk of Court and Cornpiroller !Ed,H6lsey;"Clerki; •5 Proposed Zoning Code 911.15(9)(b)(2) Documentation ON MOTION BY Dr. DeWaters, SECONDED BY Vice Chair Paladin, the', "Committee lyoted `unanimously; s(5-0) ;i,to approve staff rec'orr m'enda'tio"ns regarding'',locallilicensing requirements' and' i parameters , ;and 'directed';"','staff '''on specific,, ,requir,errtents.;,;"for, ,incorporation .,,into;, .,a draft ordinance 'to, be ;considered;,by the committee 'at! a hater date: �A'diournm'ent There'lieing'no further. nosiness;tithe`meeting,acfjourried.aL10:47.;p.m. The next meeting of the Short. Term Vacation Rental Advisory Committee is scheduled for Thursday, December 10, 2015 at 10:00 a.m., in Building B, Conference Room B1-501 Topics expected to be discussed include Fire Safety, and Occupancy regulations and limitations. •S Proposed Zoning Code 911.15(9)(b)(2) Documentation 2015'rANCIBLE PERSONAL PROPERTY ROLL FOR RNSIDENTIAL RNNrAL PROPER'1'IFS D -id C. Nobe, CFA, ASA Indian Ri- C'aoa2y Pmp-y App,.i4eP 5/2(1/21116 t 'r„dNe P.111 I-IN,lm \fiir.el\',I 'M1,nNe III�_S'p Nrrl\.\I)IIRIM1N 1 iquI nM1Ml PIM III2U.Y I US IJL' LB,TA 2AI.- . Slll nl' 2 m11R11P(M UNAII.9AI1l'W%`FMIN2SE 214- Iw.- 1W IR(1nVAYAIA A 4n2IIpllml PINNACIY.Ix(lUPI:m L!9w I",- 1.,. WmnIAn9)C1R J MOWR1XXX1 IJNIPlM'(lARDW 111:11) 117,112 IIz112 ARKS 1RRICIR IM.1.11XXX1 C'RIA'I1VE L'1 olIL'I: I ID\I 11.SNI 1. 11) 111"- WI. w4 2PY5 III I IIR11- m11M7IRRI RN I MClVA IJ;PR CI 111) 11 C 111X,12 Nl.M 21,511 IfYJ"STFIM l mm'I"IMRM1 A29(UCTA111 PARINlSLN CID Gn Cll 0.459 'Al,"' -1 All -P R mI DIV RIM IIER(1VG\YMIIC'IJL' Itt". 41.1. 1- 9Rn1AV 019/.122111M VI9IU IUACII IUXilVIRIn PI.PRUP IP 61t." 41.M) 1925 I6RIA\' Ill RITJRIXI IXXU AT]U)IWAC111Nl1VIMENI. Ill 65,5.. ..591, 21.5 111`1IPl. 11 ""1"x59IRXRI l97(U IUACIIIN\'IY ITIIVIN LI L' IA,.PX M)MM -5 INDIAN MAT.R HEAD12 m21Xn11RN111 INTI RIV CYl I I-SIN11 A IM InRITV 57. ID lz- 19.5 RINUPI. 11 M116/w") I(M"AA'ANNAIIPIACE DJC 1A.wt n.w5 11M NAVANNAIIPI. IJ VW.1 - PAIAISATW"IIAC'111PTIE SS.- 8,141 ISM J1711112 IS OMN.]41X(In W%IX PARA AN'N(R:IA'nN IP 413Y1 21llU ]m IRILIR IR MCI I, IIJ11rr N,\PEIY INn. INC 41,2(1) Ik21A - CIIIMIlKE DR I] m221117DMRI CAPRI INS: RRNI'INC MI,JRS 15AIN 425 RUYALPAIAI IIIAII I. MI.RMIIUI' SUNQ121Y'1'INL' 14,- 9.- 3715 61'IIA1 19 "No", M IIAM9111VC 2],518 z51. oPol .MAV 2. IQ111600i AM IIUMP.V4 RPNI''it," nN IIA,' 1I.M VAIWi Y,\NIUIN 21 mR1'!"11RM IIA,, 1EACl 1 Alt IAN I I IC 22.S211 - IFPII Rf 22 M121'11J IRM CRI'I1X 22.1., 75W 15111IN 2)0 MI loot FIIIRIDAIIAHN 2 IJC 21.54) - miisr 24 M-21RXR1 INDIAN MITI MIA IP 19.491 4619 SfnIMNR 2502374AR IRM (1NCF5IANIlINn I: R) 19.171 IOU (itACENr 26 MIS" MM CANIERIRIRY PIAC'E PARINEIA 1:11) In.- 15w M5111AV 3]4m191'/RRo PA IM Wit M M(1WA'1' Pitom nmII C 19.142 \',ARW)IM\',\RIn1N,UMTT/Cl 2N MRI')I1 MX.) 1VIT11.) WII\1:4 I:n) 17.101 VAM"CA VARIIII1N 21 mIM1 nM :1.10 rI'N,\ FEN DNI MINA1 InNI. INC 16 ,248 2M III(I .NA WIYIIR ' 3U 41119505 Mont I.NNIII'r(111WR V/PXPIUC'IA II IS,r1R1 56w 111(1 IWAYA I A I INn' 361. JI 411""2 1111 111 0 11 IRAAR 11Er11'N.\511111 15.9.6 4Ip 11PAC11 W) Umr 210 12 IY20R15JRXn INDIAN RI AIA RDA IP 12.PM JllO 41RDAV 33 MM2.Im VI'RUIIPACIIIANnINRRI.'R)PMR Iz- LII 1811111. 34 m1'XIN INRRI %INI711ANAr NINL' 11,4M 2551 INDIANRI\T,RIII,\11 35 M=1XM RnEP'AMILY REACH PRIII'ERIT 1`R'IN In.Nl4 IW- IIWIIWAYAL\S 36 1@lto, RNI WINI%URR)MMCNrll'ANMlC INC 111.410 625 RIYALPAIAI ILMI •5 Proposed Zoning Code 911.15(9)(1))(2) Documentation (Ther N.- M.'),"V.1 T -H. Sr (S P NHTJS ADDRESS 739 4(205051MMMI I)N.\NIIIIN '1tl5H1!At'lltY rMl)1{R 6195 4N'rHAV 740'U'IrAO(XKXI MumKIN11'll, fAl'1"N H1111'111!NN-� 24 1726, 72KINIIIl!Nkl% I)321]IJ,1]_b.l]3x ININANNII'1!N UP 33'15. 16THAV IIUN WRAIIM C )LLRRN Cul IMI Ru11INIfAl1A1 1003'IAI!AxI'M LN I-, HS2 ,\AI! 'N IIII(:II1: A IAl1R,\ (1 -WINA-1-INIIIM 100 -Q-A LN I- ,p6, 2(I 13111 D.VSY MARPROPI'RTY IJ.0 1211' 1-Y,\IA 'M]WALOX) MAI HIAMI 2(1 -- _,URIPI N'UUD RI!1UR'r JISOu(14,\NDR 12963.1454 ] Illllll'K M1II r('l11!1.1, I) "I'DI!K-IAI, .51 KIIIN11R RR 12835 82ND CT, SEBASTIAN, FL 32958 x UIIUPK Nil ICI 11!LL 11 011D1!K NI!NI AL 4n021 Sr11! ,rM, I,,n I N'r SW N IIICIII'1.1. I'M WK 1111111!K RINrAI. 91. I!CAM WAY III.\'ll 12'M1 ID NII)LT IPLI, DIIOPK PIn0 KRPNLU. 9.'A It 12- 11 311ttT11'1,1. RS MPK IllnR'K RPNfAL 916 It CAI ISPWAY IIIND 1-1 1: 1'LORIDAVACA'n N111!ACIIRIWAL 30'r)NAIA 12851 IJ RYAN IIHANIIY t KRI-N 11RANRY IIII.\NI!\'RI!NrAI. 90tl IAWINH LN 3- M6,11'r/. I I CIIARIJ!x IIUI1N141 ]661'II)151.1!W(luI) NO 12 - to 11 ANI) Ilul111I RHM.U.N I.I.0 6160 N AIA 17I.R2 -1.1 Ib IUIINSNAM) IIDU\I!(YINUO I IUIINS ISLAND OR 32961.,14 I] IOIIN MI!NASf KIRNASr UWAL 1017 RVHRNA 129f1 IR MCC..OS KHN.TY SHIM, CYI(I]IF.1 2125 WM1)W,W) WAY 11!NIJN21 IINI INIA - --- NA 11.-A ,291)1 SO OYITIIR RAY 11)14 NCHNI1tA1. ,r)S.�ltlntl 31 _ OY-M I111N1' 15]11111 1 12'11tl II KIM1fIII!NI.Y \V SIY)rl' 1`,\IAISIIAIM VACA nON RI!Nr.\13 46'15155r 3rM7 344 RI!I'P OCI!AN RI!SORT 1150 11111\N I'll 1rMt.l6T1 24 RI!MAI. ]]n UOSSANII!R WINO WAY 1245. 3a Ill UAKS]D]LLC 1275 WINDINU UAK4 CIR It ,2961 I6 /,IIRHA(:I! IHITRRY 1. AND CRA- IRI) IIPIII)11!,\ NI!A(IR\NI! IIu111I! 12tl'AI1 WYA IA ,rMl 2] SIAIAN'DAN NIVI!R MION'r RHNORT 16211NI 11 AN RIVER ON IVI! M I n 5 1295. Ix U'AIYUNIMOANI)IIINKINA VACA IIUN RIN I AI,I 901 Y,\N11PI5'l1R I,N 12X11 39 MM1WSt1N HARL VI!II043011 IRRACIIIU .EAT 91611WIRILD LN ,rM, JnN'AGNI!R JI KENT 1I!F7 H WOKV l WAGNER RILNIN, WOKNr-RRNr.U. 40 2631LV1!R Pm.M DR 'M4 I! CAUSHWAY DLVO ,rMl Log T-iW P. -I (Ther N.- M.'),"V.1 T -H. Sr (S P NHTJS ADDRESS 739 4(205051MMMI Tin DDI! ADA KA'rR 21) 6195 4N'rHAV 740'U'IrAO(XKXI 30382100001016000000.0 SCIIIJ'IT RICDARDW/MAIRU7N 25 2'M5 16THAV 741 Mf)30 MMIM LI, JMRYS/MA Rti11A(I 22 HS2 WAMNA AV 742 'R210A5Im, ('4US11 JAMIS II/ ANNI!rrA() 2(I 13111 4111 CI' 743 'M]WALOX) MAI HIAMI 2(1 1146 TrIlAV 7444 4IR7U= (MM MIC [All. L'11APJJ•l•DA MARCIA H 20 126612r11AVSW 12835 82ND CT, SEBASTIAN, FL 32958 7445 4(r219.13(MMMI DI3:1)SA DAMI],M 2(I K75 I,,n I N'r SW •5 Proposed Zoning Code 911.15(9)(1))(2) Documentation 2014 21115 38,680 50,790 42,190 54,920 64,290 73,940 44,060 47,230 78,610 94,290 50,720 69,110 33,370 43,470 57,510 62,230 41,480 44,640 62,480 69,040 69,500 75,080 33,260 35,340 30,240 32,130 40,530 55,270 88,620 110,420 33,870 44,170 45,030 59,530 46,250 60,440 56,470 74,530 959,174 1,158,585 1 31391800001411000010.0 776 SCHUMANN DR, SEBASTIAN, FL 32958 2 313918000014140000000 817 GILBERT ST, SEBASTIAN, FL 32958 3 31391800003562000000.0 125 KILDARE DR, SEBASTIAN, FL 32958 4 30382100001016000000.0 8235 13511'1 ST, SEBASTIAN, FI, 32958 5 31380100003048000000.0 757 FORSTER AV, SEBASTIAN, FL 32958 6 31380100003064000000 0 550 FUTCH WAY, SEBASTIAN, FL 32958 7 31391800001414000000 0 825 GILBERT ST, SEBASTIAN, FL 32958 8 31393300001001000000.0 4695 85TH ST, VERO BEACH, FL 32967 9 30382100001014000000.0 8245 133RD PL, SEBASTIAN, FL 32958 10 30382100005004000000 0 12880 83RD AV, SEBASTIAN, FL 32958 11 30382100005005000001.0 12830 83RD AV, SEBASTIAN, I'L 32958 12 30382100005005000003.0 128TFI ST, SEBASTIAN, FI. 32958 13 30382100005005000007 0 12835 82ND CT, SEBASTIAN, FL 32958 14 313801000020400000130 401 TOLEDO ST, SEBASTIAN, FL 32958 15 31381100002104000031.0 768 LAYPORT DR, SEBASTIAN, FL 32958 16 31391800001409000002.0 310 MANLY AV, SEBASTIAN, FL 32958 17 31391800001411000003.0 812 SCHUMANN DR, SEBASTIAN, Fl, 32958 18 31391800001414000006.0 841 GILBERT ST, SEBASTIAN, FL 32958 19 31391800001415000012.0 850 GILBERT ST, SEBASTIAN, Fl, 32958 2014 21115 38,680 50,790 42,190 54,920 64,290 73,940 44,060 47,230 78,610 94,290 50,720 69,110 33,370 43,470 57,510 62,230 41,480 44,640 62,480 69,040 69,500 75,080 33,260 35,340 30,240 32,130 40,530 55,270 88,620 110,420 33,870 44,170 45,030 59,530 46,250 60,440 56,470 74,530 959,174 1,158,585 Proposed Zoning Cotte 911.15(9)(b)(2) Documentation •5 Proposed Zoning Code 911.15(9)(b)(2) Documentation ORDINAINCE 2016- 2. License application review 'shall be ntanaaecl by the Conummity DAVID C. NOLTE, ASA, CFA mRBr.LTAsa development department, in coordination with other6ouury depallnleuts. MALL INDIAN RIVER COUNTYPROPERTY APPRAISER D.aA00 local agencies. and suite agencies, 1800 ZT1a STREET. BUILDING B • VERO BEACH. F.82900 aAANOo, rL PERl.1R NO. ]a]T Prior to .issuance of a license or a license renewal a counrt! code ('T�2122G U,P conduct nn inspection of the vacation rental unit enforcement officer shall 2 16TANGIBLE PERSONAL PROPERTY EXEMPTION RENEWAL for compliance with the requirements of this section of the zcnliva code BUSINESS LOCATION: [911.15(9)].ACCOUNT NUMBER: UNLESS THE ABSESSEO VALUE OF YOUR TANGIBLE PERSONAL PROPERTY EXCEEDS $28,000 ON JANUARY 1• THE REQUIREMENT TO FILE A RETURN HAS BEEN WANED. (b License a plication submittal requirements are as follows: License R1 f THE TANGIDUCPERSONALPROPERTY EXEMPTION FOR THIS ACCOUNT HAS BEEN RENEWED FOR THE 2018 TAX YEAR. I Rental unit illnnaper coutactmfol'olahon (6211 phone Humber. email addre.sS, WAIVER Of TANGMU!! PERSONAL PROPERTY TAX RETURN mailing address). f' � p � :m , N; a °Dvb* IN-1 PrP T`m R:w .OR.i5) "s I « (F _. Documentation that the applicant,h�s.obtailied the ti�llol�'mg_ II CN Ii—Iod"Im aYa tovraa petadnBpr]pmty-000528,000e Jw—y to. •"`, Au"!Qgalro Mwmm4tA Fwl DR-t06 won Nis tinea q APB 1.201t a. State license.for vacntioiir6f;l unit �'M plaeM f. W 4 IW.. Odfa t CM190 CI Y.,ClAi .M -1 W. d A do—I, b Locnl business tax receipt 'frout.the Tax Collector L'. LOCaI tO11Ti5f IUX'ICC011lltfl'L�ill dle C1erk'of dle CII'Clllt`C011l'1iwwdpang vt."a d IM nngopatybaed!ywyou ldntOR, Puenga w0latled d. C2111ra Vaca(lou.R ntitlInsnranceBlnderlG:ertiticate` 1",— WOWAbene l M Na d=aa taA n you JeT Rma exeny0ona am aaYap, or t—, It— 10 11)ph. 1F5%b,-i RECOA,!,MENDATIOI rdnl ?FWy y ae:B60taCtl (ad(ed item)- a 7':It1P11TIC Pel ;Otl ll'P)'U11Yrt\.TQS C'el1iircale 0 you raw wAdl—. P%w redact tna P—.w Property DeP *—A.72-275.1420. m •5 Proposed Zoning Code 911.15(9)(h)(2) Uocumenlation Waterway and surrounding wetlands. The home sits in the heart of Vero Beach's acclaimed South! Beach'Estate'row among $20, ,:kllion'homes. The Green Antiques Design and Development Team imported a full container of the finest antique Chinese architectural elements and antique Chinese furniture to complement White Surfs stunning custom designed interior, which includes an indoor liome'theater.with 200 inch hi h''dirfniiion Mitsu6isfii, ro e ti"' sc' g p J reen; Bose theater' sound; and tl,comfy; saats,lower.levefrecreation zone,witti;l3 foot'ceilings,two full kitchens on the first and third bunk; fo levatorfitn s p p � , _y , ,y „ elxo 20 i the sleeper er sofa and floors, ass room; multi la Iivin tiad family rooms on three floors; ncludin a'siz person ., : ::. e �� om which allow the house lo'sle 77 co fortabl In hedrooms� and �u ,t j p � � Qing ibynastyBed',are used. White Surf offers a luxurious custom designed resort pool featuring four waterfalls, lighting, suroand sound outdoor speakers, and magnificent landscaping. Outdoor lovers will enjoy sunbathing or a nip in the ocean at the STVRs Advertised, 2016 YTD and Qualifying Occupancy Criteria Indian River County 782531 Active 32390500001015000004.0 j 6070 69TH ST 132967 0100 9.8, 8 5 25 19 18 19 16 16 14 14 14 14 13 12 12 12 12 12 11 750 Estate Ranch ;May -15 1 Indian River County 365586 Active 33403400002000000001.0 2400 23RD ST. 32963 0100 7 6.5 / 1,857 House Barrier Island April -08 6/3/12 'ndian River County 3934164ha Active 33400500011000000019.0 1526 POINT LN 132963 0100 6 5.5 492 House Riverfront October -09 4/2/06_ Indian River County 365586 Active 33403400002000000001.0 2400 23RD ST. 32963 0100 7 6.5 1,857 House Barrier Island April -08 Estate Oceanfront April -15 _ A—wn rL 2/2/11 1 Indian River County 766810 Inactive 33403400001000000023.0 2460 S HIGHWAY AIA 32963 0100 8 11.5 Indian River County 496214 Duplicate 33403400002000000001.0 2400 23RD ST. 32963 0100 6 6 85 1,7 House Barrier Island April -08 6/3/12 Indian River County 468135 Active 33400800009000000031.0 1301 INDIAN MOUND TRAIL 32963 0100 5 3.5 267 House Waterfront May -13 7/2/09 Indian River County 4098545ha Active 31390400000001000002.1 12440 HIGHWAY A 1 32963 0100 5 6 1,578 Estate Oceanfront September -06 Indian River County 7056299ha Active 33402700000003000005.0 11496 S HIGHWAY AM 132963 0100 3.6 4 4 428 Estate Oceanfront December -92 Indian River County 283357 Active 33402100009000000004.0 580 REEF RD 32963 0100 6 5.5 1,000 Estate Oceanfront March -96 10/24/04 Indian River County 828221 Active 30393300002000000021.0 13060 HIGHWAY AM 32963 0100 2 3 495 Estate Oceanfront + River April -12 Indian River County 3897947ha Active 33403400000001000007.0 1860 S. HWY ASA 32963 0100 4 3.5 788 Estate Oceanfront October -14 9/9/09 Indian River County 589548 Active 33402100009000000001.1 620 REEF RD 32963 0100 6 4.5 822 Estate . Oceanfront May -01 5/1/09 Indian River County 878724 Active 32351000000100000002.0 24300 SR 60 32966 0100 40.0 4 1.5 643 House Ranch January -09 Indian River County 718914 Active 32391600006000000288.0 4498 56TH LN 32967 0100 6 3 150 4 3 House Mainland November -15 None I Indian River County 4013569ha Active 33402100005000000005.0 775 STARBOARD DR 32963 0100 4 3 426 /—� House Waterfront August -15 Indian River Countv 982307ha Active 33400800009000000060.0 1351 JONATHANS TRAIL 32963 0100 5 4 / '% 1 Z. House Barrier Island neremhr.r-13 Residential Construction Permits, 2006 -Present, 6811 and Greater ParcellD ADDRESS appl_date co—date 421,812.96 permit_desc RSF-6BD/6BA/3CAR 33393500007000000000 2016 GREY FALCON CIR SW 1/2/2008 8/14/2008 0:00 N RESIDENTIAL COMBINATION NEW CONSTRUCTION 33401600012001100000 196 OCEAN WAY 1/29/2008 4/15/20100:00 RSF - 6 BR/ 5 BR/ 3 CAR GARAGE RESIDENTIAL COMBINATION NEW CONSTRUCTION 32392000007000000000 6500 PINE LN 2/16/2009 7/9/2009 0:00 4,076,412.00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 32392000007000000000 6540 PINE LN 2/16/2009 9/3/2009 0:00 N RESIDENTIAL COMBINATION NEW CONSTRUCTION 32392000007000000000 4730 ASHLEY LAKE CIR 2/24/2009 9/28/2009 0:00 RSF\16BR\19\BA\4CAR RESIDENTIAL COMBINATION NEW CONSTRUCTION 32392000007000000000 4806 ASHLEY LAKE CIR 4/29/2010 9/13/2010 0:00 1,395,068.00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33393300005000000000 5190 21ST ST SW 6/9/2010 4/21/20110:00 Y RESIDENTIAL COMBINATION NEW CONSTRUCTION 31391400007000000000 10480 ETON WAY 10/26/2011 9/26/2013 0:00 RSF - 8 BR/ 14 BA/ 5 CAR GARAGE RESIDENTIAL COMBINATION NEW CONSTRUCTION 31391500012034000000 10875 CHARLESTON DR 11/2/2011 6/4/2013 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 32392000007000000000 4571 ASHLEY LAKE CIR 5/3/2012 12/11/2012 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 31391400007000000000 10460 ETON WAY 12/26/2012 6/10/2015 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 32392000007000000000 4814 ASHLEY LAKE CIR 7/12/2013 12/27/2013 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33403400001000000000 1940 S HIGHWAY AlA 9/9/2013 7/22/2015 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33402200000001000000 700 REEF RD 12/30/2014 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33401600013000900000 135 OCEAN WAY 3/2/2015 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33401600005000000000 1492 CORONA LN 11/8/2007 2/6/2009 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33403400001000000000 2460 S HIGHWAY AlA 10/4/2010 8/14/2013 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33392100023000000000 345 SAPPHIRE WAY SW 3/24/2015 11/24/2015 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION 33391900003000000000 67703RD PL SW 2/3/2016 RESIDENTIAL COMBINATION NEW CONSTRUCTION _33403400001000000000 2470 S HIGHWAY AlA 2/9/2011 6/19/2013 0:00 RESIDENTIAL COMBINATION NEW CONSTRUCTION lv V-� VJ S 6/21/2016 9:22 AM job_desc job_value STVR RSF-6BD/48A/3CAR 421,812.96 N RSF-6BD/6BA/3CAR 2,000,000.00 N RSF-6BD/4.SBA/2CAR 518,465.45 N RSF-6BD/4.58A/2CAR 546,721.55 N RSF-6BD/4.5BA/2CAR 546,721.55 N RSF - 6 BR/ 5 BR/ 3 CAR GARAGE 525,262.45 N RSF - 6 BR/ 3 BA/ 2 CAR GARAGE 436,005.70 N RSF\6BR\7BA\ 4,076,412.00 N RSF\6BR\6BA\2CAR 771,209.29 N RSF\6BR\5BA\3CAR 552,096.39 N RSF\6BR\10BA\4CAR 5,310,000.00 N RSF\6BR\4BA\3CAR 543,635.82 N RSF\16BR\19\BA\4CAR 5,500,000.00 N RSF-6 BR/ 7 1/2 BATH / 3CAR 1,400,000.00 N RSF-6BR/7BATH/3CAR 1,395,068.00 N RSF-7BD/6BA/3CAR 1,241,000.00 N RSF - 7 BR/ 14 BA/ 5 CAR GARAGE 5,275,000.00 Y RSF-7BR/3BATH/2CAR 518,626.00 N RSF-7BR/5 1/2BATH/ 3 CAR 795,634.85 N RSF - 8 BR/ 14 BA/ 5 CAR GARAGE 5,250,000.00 N Status Inactive X Treasure Coast Newspapers TREASURE COAST NEWSPAPERS INDIAN RIVER PRESS JOURNAL 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared Linda Klein, who on oath says that she is Classified Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida, that the attached copy of advertisement was published in the Vero Beach Press Journal in the following issues below Affiant further says that the said Indian River Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper The Indian River Press Journal has been entered as Periodical matter at the Post Office in Vero Beach, Indian River County, Florida and has been for a period'of one year next preceding the first publication of the attached copy of advertisement. Pub Customer Name Ad # Dates Copyllne INDIAN RIVER 1116672 June 6, 2016 Ord: Vacation Rentals COUNTY PLANNING DEPT Sworn o d subscribed before me this June 6, 2016, by who is da ein [ X ] personally known to me or [ ] who has produced Sandra Coldren Notary Public' as identification PO # Meeting 6/21/16 NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES 233 -y2- SANDPLA CO-�GF,EN N,j y C004030 ) t r n 2017 p 233 -y2- C4 N Monday, June 6. 2016 se TREASURE COAST NEWSPAPERS PUw Noti esP"a;:i'" EFFECTIVE OATS A cmhrplea Wpy o1 the ail• nonce is posted aI he oM da) Town bulletin board and on the website www. irshores.com. The meeting Will be In the Clcfl Ctlartl- bm of the Town of Indian River Shores, 6001 AIA. Indian Rhes Shores, • AD Interested parties may appear azthis meeUn?C and be Marti wItII respect to tirc proposed ordbwlce. Laura Alddrh, MMC Town Clerk Pub: lune 6.2015 TCN IIM77 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Coamy Con- Cudoners of InOInn River orny Flodda shatl hold a ITT !hearin9 nl which Iran• it as in .. an and dtl . ty toed be heard. H �eoiour y Commission Chambers f the Cogumy Adminlstratian SueetIn, Vero Beach180F1oNda, 9:00 Tuesdayy, lune n. 2016 az am to cwWda, adop• ton o1 an ord0unIt; enti- tled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOP- MENT REGULATIONS ('DRS): ESTABLISING REQUIRE- MENTS FOR A COUNTY VACA- TION RENTAL LICENSE AND OTHER VACATION RENTAL REGULATIONS BY CREAT- ING ZONING CODE SECTION 91). SGO: AND PROVIDING FOR REPEAL OF CONFLICT- ING PROVISIONS: CODIFICA- TION: SEVERABILfTY: AND EFFECTIVE DATE Sale dinante If adopted. Will men[ stablish aldml !ares develop - an vlop-men[ ane ocher vacation A draft orance is av Pr eat the pulihc Notices3,.Yj•L; i. Hammy and evidence u on which the appeal Is base. Please direct pl%ag-relat- ed Ruestlon to Me Nrtem develop .am section at 236- ANYO7NE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMER- ICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226.1223 AT LEAST 48 HOURS W ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMLS90NERS Sr. Bob Solari. Chairman Pub: JUne 6.2(Its TCN 1116671 HOBEST. LUCIE CONSERVANCY DISTRICT NOTICE OF ANNUAL LANDOWNERS' MEETING AND BOARD OF SUPERVISORS MEETING NOTICE IS HEREBY GIVEN that the Annual Lantimn- SV' Meeting and Board f fro=ppeeMsors Meeting of the Lude Conservancy District vrm be hid on lune 22. 2014 at 93D am, or as heon thereaftar u can be eard, az Ne Hobe Sound Polo dub located at 2935 SE BridggeRoad• Hobe Sound. norlda 3N5& Thphi aryppuurpose f the Annual L= mvriers' of s 1. To led one Supervisor, 2. To receive annual reports and salting such action With `oytnprs aree°te-aend 3 To transact any such othar come before the may erg Thor primary purpose f the Board pf wperv¢orz' Meet. In 9 Ls: 1. To uuhsider any busin Which ay property come before the Meetng. A Way Df the Ana for these eeUp 5 may be obta;ned an Wntacting Ne District /A ger at 561-63be, at d%a to0 free number at 1-377-7314922N922 at least five (%meeting. pr to e date of _". P,uW_ic Notices. •;:," `�� a real d of the proceeding dsutl person may need to insure that a Verbatlm record hf the Proceeding Is made at is or tier own es77ense and which record (ntludas the tesdTgy and ty(denu on which the appeal is based. In accordance with Ne Irovl- sions of the Am.,- with DIISaM' as Act, arty person Ce0uinng spe0al an ma ation or an Interpreter to phoaPate WmatttNe DLstrateg Manager at 561-630-622 d/w to0 free number at 1-ST7-7374922 at least seven mi. to the the pa cutar mea'. to o/ da Hobe -SL Lude Conservancy Inon.nobestuciecd.org Pub: May 30, lune 6.20 16 TCN 3109532 THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE. FLORIDA AND FORT PIERCE HOUSING, INC. 511 ORANGE AVENUE FORT PIERCE, FLORIDA 31950 (172) 429-6427 NOTICE The Regular Board Meeting of Ne The Houxiingm Autthority Flof the City of Fort Pierce, orida is scheduled far June 9, 101644:30 p. i In the A Housing uthp VBoard Room located at 511 Orange Avenue, Fort Pierce, Flodtla Immediately thereafter, the Regular Board Ileeanng of the Board t D'uemors of usi Fort Pierce Hong, Int, w1U comeoce. Please uU to confirm your Aenderrc : June r, 2016 TCN 1111879 La's �edApplirativn '- � .4-x. x 7aii Deed ApprcatlDnntr�.- .- r- .. ITa'x Deed Application L. Issunncd Ne desluiption of in which it was assessed are NOTICE OF APPLICATION FOR me pprropperty, and the names as follows: TAX DEED A faU It wa3 assersetl Are As fdlmws. Certificate No.. 2013/8103 Tax Deed File No.. 15.360 Certificate No.. 2009-4589 Yearoflsw.-2013 Address: NOTICE IS HEREBY GIVEN,that Year of Issuance: 2009 Address: 1171 SW SWAN LAKE ClR PSL 509 SE KYLE Jr. PA Property Descdo am PORT ST LUCIE-SECTION TTLREO 2 LLC Ne holder of the fail all certificate has filed said certificates for a P. any Dezai� 39- SIX 2670 LOT 31 (MAP tax deed to be Issued there• WESTBitOOK SLE CONDO- MWIUM PHASE 9 BUILDING U/21N) (OR 651-1361: 2515• 2781) o The certificate number d year of ISSU- the Nt 9 UNIT 907 (OR 2090-1797: Parce11D:3120-690.1067-000/4 Names) in Which Assessed: desmpUon of proppeeRy, and the names In which i[ 2138.2882) Perch ID3325-5N-0035.000/2 LINDA A. PETROVICH was assessed are n follpws: Name(s) N Which Assessed: WEST BROOK ISLES PTNFl( 1 LLC/ WEST ROOK ISLE Said property being 'n the County of SL Lucre, State of Certificate No.: 2013/7576 YAddre issuance: 2013 PARTNER'S I LLC Said Property being In the CWmy of SL Lude, State of UNesS said certificate shah be redeemed attading to law the property destn ed if SW KENSINGTON ST, PA Flartda. Unim said cartificate Shan be in such certificate shag be sold to the bidder by Property Desatptiom PORT ST LUCIESECTION 32 - redeemed eccoran9 to law the property described In shut electronic sal Ilth of luty, 2016 at httpsWsttude.der• SLK 1703 LOT 23 (MAP 43/1 LS) (OR 29712768) ZU1IPL2394 Luch certificate shall be sold oth[ Mghest bidder by ciao kauctimcpm at 1190 A.M. WARNING - 50-0960-000/3 Name(s) In Which Assessed: trpolc sale ISN of Augu54 2016 at h[tpzJhtludejes,- kaucdomcom at Il:Do AIA. THERE ARE UNPAID TAKES ON PROPFFRTY WHICMYo OWN OR IN WHICH YOU HAVE A KAREN HOLLAND Said property being in the County of S4 Lucie? State al WARNING THERE THERE ARE UNPAID TAXES ON ROP LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT PUB- FlMda. Unless said certificate shag PROPERTY OR WHIM WHICH YOU HAVE A UNLESSC THE ONON 07/1112016 ITA%OEs be me property d<:IQl�a LEGAL INTEREST THE PROP- ERTY WILL BE SOLD AT PUB- ARE PA10. TO MAKE PAY- MEM, OR TO RECEIVE FUR- (n won certificate shoo be sold to the hiyhest bidder by EIC AUCTION ON 08/15/2016 UNLESS THE BACK TAXES THER INFORMATION. CON- TACT THE CLERK OF COURT electronic sale 11th of Ju . 2016 at httOsV/zUucie.der- ARE PAID. TO MAKE PAY- MEM. OR TO RECEIVE FUR- IMMEDIATELY AT 2300 VIR- GINIA AVE,2NDFLOOR, FORT kauctlon.com at 11:00 A.M. WARNING THER INFORMATION. CON- TACT THE CLERK OF COURT PIERCE, FL 34892, 772462- 6926. THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN IMMEDIATELY AT 2300 WR- GINIA AVE, 2ND FLOOR. FORT S. property being In the County of SL Lucie. State of OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP PIERCE, FL 34892, 772-462- 92. I or, Unless said -ficate shall AT PI LIC AUERTY VCTION ON 0LL 11 7/IIn0 6 Properly y be redeemed through Lhe SL Lude County be redeemed accArdinq to law Ne property described UNLESS THE BACK TAXES ARE PMD. TO MAKE PAY - Tax Collado. Far r=p- Lan antrunts and Ins�No in such certificate shag be soleled tp thorde hi0h t bidder by MEM. OR TO RECEIVE FUR - THEA INFORMATION, CON - Ca' 7R -a62 1650.4 Tax 2016 at ch[tpsJhtluCe.dei- MMEDMTELTACT THE OLYEAT 02300'RT- DatethlslitdaYgilune,2016 be lred redeemed Pr be ORT PIERCEGINLA . 34892ND 00 7 2R. F 62- LUCEROCARPoLL0. Wough the SL Lu de Courcy 6926 DepU def` Berk Of [he drNit Court, Tax Co __. Fa red emy Uon oar.. d thio -a ProOtrty ay be deemed thro gh tlh! 54 Lude Courcy S4 Lude CaontY Pub: luty 14 8. 25. Augu4 thms, lease contact Tax C-decta.7]2-462-1650. Date this 19th day of January, sax COOedor. Fa demp- ton amWnts d InzWa tion, please Wntnd the rax Tait Decd AppGfat!dh -, 1,'016 TCN 6'4776 2016. CoOett 14th day of I0 Date this lath dry of loom NOTICE OF APPLICATION FOR TAX DEED NOTICE OF APPLICATION FOR TAX DEED MARGARET RAHM_ Deputy clerk clerk of the d,Ntt Court, ANGELA RIGGINS. Tax Deed Fie Na_ 12.119 Tax Deed File Inv ib304 a Lude County Pub:lune 6,13, 20. 27, 2016 Deputy Clerk Of at the Circuit Court. NOTICE IS HEREBY GIVEN, Nat YC BOARD OF COUNTY NOTICE IS HEREBY GIVEN, that ELEVENTH TALENT I3..LLC the TCN 1005392 S4 Lude Courrty TCN 993397 LL• 20.27, 2016 fes to theholder of the fonowing tificates fa a tax deed to ITiIH�broh3lJ� made tificate, has filed said cer• b issued thereon. The tar - matter tificates fa a tax deed t0 tificete number and y ar of meet. be issued thereon. The cer- Issuance. Ne description of TGALM!oca fled. A., r,,,.,;.,P.: S4diit[Care�SeWees., CleaningSer-vicesl;�'^fi; .Caltiectars/�riider`s".,. Horne Ma'li2%ReP�r MDvi?1985fnragef::'. _ Pressuie washing/". ASK FOR CATHY CLEANING SERVICES ;E Ba05 INe'-f ----RESCREENING---' AAA MOVING ROOF AND EXTERIOR ewrmanbna ewegi,ry B BY TIAIICY 1,7w.0 .sate Certified General• i &REPAIRS No Jobtoo small CLEANING Re,s 6 RT Utecnd F I Yeen la m • Iowa • oaagn, Wan Cnnitecr : Raaav tlOns a Re at. Tumkry Restoration Paha • Peep GGe, Wore Fair Prlc< S7Q hour. pLy�pta Pro Wasltrom RePIWd a9 FxleAor de+tdnq w (77z)i39-m93 "70 yrs E. • Reasmable Rates U. frTz)zas-35zg • 1-,QI<(772j ost18T inn _1 Quay ata uunse�a Imo a eaeusoszn Ca11772.321-36801R uumeamm�red CARE6IVRWA NPnAN10N PERFECTIONIST Services W mniu_JaS6 - -- _-RESCREENING: , . .- Palrrtln9 Servkes _ } TIIiI996S1 MALC b+ck� Neck avarllaMa FxuOem Mermcesl CLEANING SERVICE ImmesUc ;-'� ' - ._ .... . a..c Tn2 sf? z199 evs. L q,* Ezr. ss.w:_ Ex0. Owxr SYMa e�R-ru uu wn7-sc7.6ass BABY SITTING sum tan ror tide In my name ln,Ior sues wm9 tmn- & REPAIRS P,d Mrd ages mn9 are ataFw Mitt A, A, W, PAINTING Paper xan ' mVExv Pressure bran a7]s6. BRIAN COFFEY CAREGIVER/COMPANION MMMnun Errmds, Dr.Awm, IS yrs xy Refs New t9 SUSAN STEWART rwmxrt.0 aarwdivcare. m]IHT-3991 uct"ttwainijiea-Tela Tsosn _ _ _. 33 years exrc IR eoumy (7'FTJ 33T.Tz:° CONST.&ROOFING 0.00f NST PeaPaRyS NewNG uartka wf,rdrag313Ta.a91J UNLIMITED CLEANING SRVC .-oh, s"...at*s .Wlsos _ss -- �eetric Novidai; �-'� - TM ALUMINUM DON TIDEY REPAINTS .,,== ,, Warntrd cccluHT9s oro n24n,m IR CAREGIVER/DOMESTIC Nwsekeeyng sw for:bol/:m. emeadMc/lic/Servm9lR[ �,.. Scr, Endosarcs, Rescreen Rent.%, fan types Q•afiry Guarameee HELPER for6yean (772)453.8890 ANYTHING ELECTRICAL s[mm Iv tecdon FREE Estmates LIC SPOI"I mdLi:eHRkNreEr•.RouRestOpwFlimNGeol- yy I,m se<Mrlp are uemblmnmd. Refwences ,o,ble. COMPANY Imured,Man Oecrldan (nz)%9-Boo - ,- 7n-435.2205 MC sl 10. Repvx. New Reefs, Guanrde.d.' Roofing is our.ONIY_Buvness •t/`°ReoolMn wJSTlu-2106 SL Clea`mlp/Hatiling� 'h> ucaulote253N Al EWCS'HOMEREPAIR� ESTES PAINTING (m)56aaa3 NURSE/CAREGIVER oowmea 772-28i0t1e cat tYDCS f home reP.it Ime- cad Exterior oNrew.y. PROOF LEAKS &REPAIRS U44¢IM Ml res /AvdL x14. m. u`'a errwrda can ALL -IN -ONE LLC Remwd xmteafmionkk,,sur TROY GIOVENGO sof rts. drywall, windows, doors, etc Free es t.- Pool oetk smwm: Prnmre dearLgeAmTl-6u-gsaa VOOOF Cemtrvctloa Same O,r scrice.Wakw,nntata. �__-wmaua-aser�-- rr3-349i169w96a e1E1156 _� Wctbn. teMNre, apngarNes i far Ext a2e32. sol lesson mr Free Est7n-3213110 ELECTRICAL SRVCS AUHMsbl IlectrltN,ca Or112eI-9aS5 ue Ecl3gmaea uwtS. RCGC1509155 -LITZ)/60-1116 a_ - LIcemeaYCPIGl566 MC EWS REFINISHING . ; y��T'HOMPSON'S. __ -- -AIR HAULING &CLEAN UPS eDoors•i•. ��" f `' Htme Servicesy. �, ��s�i'-, Pamtnq/wan eorerm Pressure wash/x zvv. Fne F:L Loc9oodw'isa ROOFING DIVISION, 'Provides expert service 8=- SOURCE I';; - a FRES ENm,ns'_-:�, - •<^-: FaE3 semce w.... :_ -" seta sew A/C -=_w smmmmgTFTf`�OeA ens_- ANIINJA16 Doom Gange-Yah•Attic as Fammre•Apppa�te wu,de (T]S1ST95S4Je A -TECH GARAGE DOORS GRANITE COUNTERTOPS Fou vTaENsaeAniRooua •SmxR/Mq tnewtlu;ped.' 77z-'.. ueaIRC PAINTING SERVICES Pamtag mLafzy wallWPet warranty's on � IrrePalr1. Um Vc-Beee•Dea GCI5rc t' ucaeeeTmnowcae6nuo95e -z�17T.6 � •'3�?- d_or3kRepai{ em+ Ap ynwt dr 'rx eaooraoX._ dL lT yn ea0. /I, wbldn3-nl-st51pda9 moral. messure tleaNnp, 3am.e FneExtm,te Tile wake=;,'j: - DYNAMIC AIR 77zg8-5421 Mkoa to .ua�t Licelsse a Wmed mT1xo1-la. FREE ESTIMATES u89S-Is seer Uptol Teras: lrz�uas CLOCKS BY HOWS Rt Asal.z sus v�,alrge Gnen0, }(oma Miii"' .._^.UR?P �`:.r -- _AA RESCREENING'. -' -'%'r= Irriijistion�;'�;q�`•, �,.� _ _ - BLUEWATER QUALITY PAINTING BY KEN INC 25-I ued CERAMICTILE INSTALLATION &REPAIR tica RA13eu1v IRSLyc Pen sl lna<m:3vs-un - Lowest Prices Guaranteed ;: r IIRIt6AT10N 1 Years Nolab too small atmrd,Nt, No see see sm,o G1 ILLS A/C -37yrs exp : New ACB Hcating Systerm ea0fa 1-'r--s't'--,.-`.r' Computer SerVICeS•�s. _-=-90t sq. Ft -c. '•• _ `:-liccasedamzwed...''=. 5pdnlders. tlocks, h Pumps B Tune-ups@m4as� WE OO fF ALL T6 can I - (TM s 3614 i DENNIS KILEY TILE ' on sale: Otte. AAA ARON•S m-64FZHe9_'T- - `)err7m-S324TU �R/St J a =-- -- we sod Install roes rot• Pro instal. wltn zo+Ytar: Ell UpaeAre66mtA�rs (n2)7BIa47t ued COMPUTER SERVICE ABLE RENOVATION j SREAIODELNG _ --==STEVEALLEN-=' FI.9rs•eatb Renovatitm-Repairs - Dees HP. ma NCeNfiM,30 yrs Tnuae c..' xeme AB Yeur needs NnF sow Laf!7Ah4�*!TdSI�vIC� - -=_?-PAi/vi/,vc -�n':x - _. Ts yon won _ LCa00K a?IYt1!n 777-9aS-1501' [ JACK FROST C t weanamt. m. - I .J.aL90ngfwm�at.mwn W sive coo-sss Im14Ts-Tao] -- ma. renin. c.romo-i: l !.1 rluwm m-:esesn_ B. S. B.� ALL AMERICAN LAWN Free estimtes. a.Htr =_-llcats3mgh-cava -�=(>n1 m -Tau'_',;• _ tjYe_e'Servic_es ,>•i.v�S- Lvdmate. R»J3J6in39ml ' BlindS/DFdpene5�., __ Y CGnCrete/MaSonryW`.O _ Jxomelmprove ts/Reoairs/� , Menten cNRemodN T uvmsaucxssm7 eommvcial A, Residential Lkt W 7^-S23i::C m - 'e„ PI1Rnbina'j":•1T's!" AFFORDABLE TREE S"ce a Lot deadn9 Trt ng,smm Grinang. CUSTOM BLINDS AND VERTICALS!! ALL CONCRETE DLhreCONCREr aio�a ir3kequ + Can miles 0'111206-S&ISa - ' COASTAL ALUMINUM IDSCi1A�PING� ALLYOUR LEEDS ° Removal: iiISL m-370.456] IR SL MC wztwr mlxm se Per s9 WmOei nmtvn veNWsf6 odem� BCna66 IR SL -_-P_ aa!! , reea,- Pabs�ra00 s?"='t-'p' r Rm (nx)a14-um --• 'L_ - J. KINGS SFAVICES. IN C. Trimmirh9BRemoVal. Butke4 Flrewood Wvata don Fne est6rMtes. n]-3aaalasF 7esu at. JERRY RIPPLE --=M®m rnn9ts-'•- _•n1-4eruaz .Td Coumus_ ANTHONY. COMPLETE Fun savltemepNrs, Fair Grapple trucks. 772.567.026 or ,_ --j Det;/FIOOLCOV2IIn9!,;' STUCCO Com.•venYi/ReiamdN putty wwta yrs exPvienu CORREIA DRYWALLz , 2. Yrs EwbanglnI flat I0 LAWN SERVICE_ Mmrdalle iNaa,uq.oe sod tvt vom Ll,ese,A aUable Nantas Pddrg,TEaYs w•k. mt s Beo-33eaea6All e'ounnes LIt/la. T7Z-(73-a076 IR/% PHIWP'S TREE lkaU@U(T72)5"92 -.�- D,Ua[exlurel";a.,', ldaarywan@bensomh.net Contract Free Fst Ail inducted PLUMBING SERVICE SERVICE DJP HIMOEA CARPET- CLEANING JOHNSON -o lit- m-ns•Iea= w' w TiT-latafal IL.IR DENBAR LAWN SERVICE & REPAIR i)UAunEDTRADESMAN-f Generd"'WIN1nq/xaaIng/ Dam. cdom Free Est. Reaaomble:Veteran Ormed 3Rowm.SIo5IxrfJ or Tue69romdeaw,q. Re,14 Repair; Gryeptry, euscrete.Driveways. HEINZ. HOME SERVICE LawnCmtn0.Sodlaying, ESL NrPrkeaa Fast SeMce` CaDBmat77Z3e3-0348 ut/InsTiz•z367asLMCIR TTbrr62.7261 IRC Cam Parking tots. Uc miT2-4391nn Carpeary. 15ma0 Pmmbl IJc gs6i]TO. C,R m usoTc uc MulWnp, Pekn/Tree Tnminng Free estrtM for more info WI n2-ai2=73 ucAns g"_, care WasFiing`=»,+n.. TREE TRIMMINGS REMOVAL uwN a LANDSCAPE RAYS CARPET REPAIRS `�5'"""-- Nol u �Tfa "TT`ot�s. & INSTALLATION ROY CLARK CONCRETE K. M. DRYWALL GARDENIA LAWN SERVICE AAA" AFFORDABLE same mraeMce Fne mtmu:s dCe1963 77x -5n -F353 IR PxtJ-Sidewalks. Oriverrays Uc a]9991ns A Fug Drywall Service Comvar�Jr.::a Mew Free Fstmuted Ue6lm. P,m,wm,6,y m-ns-rss] PRESSURE CLEANING - - �y�•dGg�-+ u`.'P =,, mdarlmonave.wm (771) 633-6aST IR Pa3F6 uWPci86 sin c pu,Bry won at affordable mites. IR rt _ 77Zi07413i 5l MC 1KINGCARTER JOSE ROCHA Uvlm (7TA Solasn --t0ER5TEAD CUSTOM"'} B&L RESIDENTIAL s/suJltllxs-,-_ M-Tmeoare+aced tmm eme`chi 'acinxs'T•Psi LAWN SERVICE Gooa vUa6tYtmtess sss.sr acc°°"a I`ee E`L u"1"` GOES PRESSURE CLEAN/ COATING SERVICE CSlstom9�F4,DrIu�tlSMaRepaU U09 SW iiltume St PSL 34984 M -HOME CLEANING hee Estimates. otfiu dudrq UNawtladal eschar, (772)T7asrn la CIaAJm4q svma:tax pRlST RenOvdU.on Remo del + - -Room Addhbos 1 '772319.2830 t Kitchens• Naar bathrooms; I flowing, palntin9 doors, I n1:IR1^nl' uC OtVI:(iT11 X61-969• - i -NEED FIXING?` -j Ma4v earPemer-ss yrs exit) { Ann aka GDwn, cabinets. T1T3ITR21R)b331I5765LC -SPECIAL LAWN-&' ! SPRINKLERS E ; Res aCanmM1icsln P doms,, Pati as.Roof; aMmel TTI-Sll-349 1&L PRESSURE CLEANING &ROOFSOFf WASHING I CaD lames (7T2)260.3n0t Q Wheels/Recreation B &Sell fast! nSa aEAwNr-xovu.aP4 .7 'orrcewt a H.... ['windows, waoE Cecks Inte'g1A t' Rentalamisc� utaweea Wwea - I Mrs 497-4195 comm A Ret Ucemed a ha ean-a I�p Rive area 1N yn em Angel I N4�rd,ZN 6� prr l repalrC LIL DGD1514999 Lawn malntmanceeridosens. ddveway, roof; , ° '�' F IT3in-Sa6yITtJ�Fllmnen !_�.I C015735_LiC/In_ __ TT2_5B{•2971 _IR�� hrl9adon rePab uM-Imta9_,dom avmn (r]TMl9-ll3a 2-3,),-13 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION /U .REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Wanda Scott, Gifford Economic Development Council ADDRESS: 430626 1h Avenue, Vero Beach PHONE: 453-3181 SUBJECT MATTER FOR DISCUSSION: Updating Gifford Community Activities IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES a NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRAT MEETING DATE: Document? Board Approved I in/o6 234 ca— INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION �U 6 REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102-04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Susan Mehiel ADDRESS: 131 Laurel Oak Ln, 32963 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? PHONE: 234-9451 Emergency Preparedness YES NO YES NO YES a NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? None at this time Transmitted to Administrator Via: Interactive Web Form ' E -Mail Fax Mail Hand Delivered Phone [K] NO . > COUNTY ADMINISTRATOR. Joseph A. Baird MEETING DATE: J 21, 2016 235 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney PUBLIC NOTICE ITEMS: 6/21/16 Of ce of /Oc/1' I INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorne� K DATE: June 9, 2016 ATTORNEY RE: Public Notice of Public Hearing Scheduled for July 5, 2016 to Consider Amending Chapter 205 (Parks and Recreation) of the Code of Indian River County with regard to Festivals The Board of County Commissioners will hold a Public Hearing on Tuesday, July 5, 2016, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 205.02 (DEFINITIONS); REPEALING SECTION 205.08 (FESTIVALS); AND AMENDING SECTION 205.09 (SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT DESIGNATED RECREATIONAL FACILITIES) OF CHAPTER 205 (PARKS AND RECREATION) OF THE INDIAN RIVER COUNTY CODE, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. /nhm Approved for June 21, 2016 BCC Meeting Public Notice Items COUNTY ATTORNEY Indian River Co. Ap edDate Admin. �- Co. A . Budget Department 6 ,1 Risk Mgmt. --- _ _ 236 Departmental Matters Indian River County % Inter -Office Memorandum _.1.. Office of Management and Budget To: Members of the Board of County Commissioners Date: June 8, 2016 Subject: Health Insurance - Summary of Cost Saving Re From: Jason E. Brown - Director, Management & Budget Background v Indian River County utilizes a self-insured group health insurance program. Program expenses for health insurance claims and program administration are paid from contributions from employer and employee contributions. Extraordinary claims are addressed through reinsurance. Program participants include full-time employees and retirees of the Board of County Commissioners and the respective Constitutional Officers (Sheriff, Property Appraiser, Tax Collector, Clerk of Courts, and the Supervisor of Elections). On February 9, 2016, staff provided a presentation to the Board of County Commissioners regarding the County's health insurance fund. A brief update of the Health Insurance Fund was provided, along with details about increasing healthcare expenses which have led to losses in recent years. Various options to address these losses were presented. Following'the presentation, the Board discussed various alternatives and received input from the public. Staff was tasked with researching alternatives further and providing a recommendation back to the Board of County Commissioners. Please find the requested information below. Alternatives & Analysis As discussed previously, the County's healthcare costs, both in terms of health claims incurred and the impacts of medical inflation, have increased significantly over the last couple of years. The following graph shows the net revenues of the self-insured health program from FY09 through FY17 (projected). Health Program Net Revenues $4,000,000,— _.FYO9_=F_Yl6 P_r-ojected) _ __ 53,032,903 --� -- $3,000,000 � $2,000,000 — _ $1,761,580 :,":�� ----— $1,250,302 $993,336-- ---.— _—T_—.. $1,000,000 x•77 - ( , } u .T--_ _i'- -$1,000,000 FY09 — FY10 _ FYllFY12 FY13--F-Y1J4 F•Y16__ FY�17 -$2,000,000 ----------------- {51,375.479)— ', — tPr�oj) (P. ©j -$3,000,000 {$2,300,000) -$4,000,000 ---- -- ---- — --- ($2,763,295) _- — -- ($31-9001-000) -$5,000,000 i— — --- _ _ —-------- f t The health insurance program experienced net surpluses during the period from FY09 through FY13. While our per capita costs remain below most surrounding local governments, these increases have resulted in losses for the Health Insurance Fund for the last two years. For fiscal year 2014/15, the losses were substantial (approximately $2.8 million). It is projected that the loss in the current fiscal year could amount to $2,300,000 assuming a similar level of expenses to last year. Staff has assumed a 9.0% medical inflation rate, which is the average experienced in the State of Florida currently If the County experiences annual cost increases of 9.0%, this amounts to an additional $1.6 million in costs each year assuming no change in the number of employees. Assuming no action was taken, the loss in the plan could grow to $3.9 million in FY2016/17. Currently, the Health Insurance Fund has a healthy fund balance. However, adjustments need to be made now to ensure the future financial stability of the plan. Recurring plan revenues must equal recurring plan expenses in order to avoid a further erosion of health plan fund balance, which is a one- time revenue source. As claims costs will continue to escalate, failure to make recommended plan changes this year will result in even deeper health program deficits that will require even more drastic future plan design changes or infusions of tax/fee revenue (employer contributions) and greater increases from plan participants (employee contributions). Staff has evaluated several potential adjustments to the Health Insurance Program to address the current shortfall as well as future anticipated cost increases Based upon direction from the February 91h meeting, as well as the magnitude of the projected loss, staff has developed a two-year plan of adjustments to the Health Insurance Program Proposed Changes — Effective Fiscal Year 2016/17 1. Blue Options to Blue Choice Health Plan — The County's insurance broker has recommended a change from the current Blue Choice plan to a similar Blue Options plan. This plan change would not result in any changes in copays, deductibles or out-of-pocket maximums. The proposed Blue Options plan has more current cost containment mechanisms in place than the existing plan. This is due to the fact that not many plans have remained in the Blue Choice plan currently utilized by the County. It is projected that this change will produce a modest savings of 2% of annual claims expense for the County; based on $16 million in annual claims expense, the savings is estimated at $320,000. Florida Blue has also performed a disruption analysis to determine the impact of network changes on the plan members. This analysis showed that only three (3) providers are on the current network that would not be on the new network. This network change would only affect five (5) members. Conversely, there are eight (8) additional providers on the new plan that are not on the existing plan which were utilized by members in the last year. It should be noted that all surrounding local governments with a Florida Blue network are utilizing a Blue Choice Plan. 2. Kannact Diabetes Management Program — Last year, diabetic care costs for the health insurance plan were approximately $1,050,000. Kannact provides a comprehensive system to help manage diabetes. In addition to providing glucometers and supplies, Kannact provides a health coach, real-time monitoring, and tracking with a cellular device, and support to help members with diabetes manage their condition. Kannact projects a 10% reduction or approximately $105,000 in medical costs due -to reduced hospital visits and the ability to slow advancement of the disease. As an additional benefit, employees feel better and are more productive. 238 3. RFP for International Prescription Provider (IPP) Services — Staff also recommends that the County, through the services of our insurance broker, solicit an RFP for IPP services. IPP's contract with government -licensed physicians, pharmacies and pharmacists in Tier -1 countries as designated by Congress (e.g. Canada, the United Kingdom, Australia, and New Zealand)'to supply brand name medications packaged and sealed by the original manufacturer for direct delivery to plan members. This service would be optional for employees. Each employee interested in such a program would enter into an agreement with the provider to obtain available prescription medications through the program. One provider of this service, CanaRx, has provided an analysis based upon the top 100 prescription medications on the County health plan. This analysis shows that County Plan expenditures for the 36 medications available through the program totaled $806,859. In addition, members paid $95,609 in copays. Assuming full participation in the program, the County Plan expenses would have been $354,310 during the same time period. Therefore, the County would realize an estimated savings of $452,549. Furthermore, there is no copay for medications meaning employees would realize a savings of $95,609. This results in savings on such medications for both the employee and the employer. It is important to note that participation is not mandatory, so actual savings would likely be less than this amount. 4. Post Employment Health Plan (PEHP) — The International Association of Firefighters (IAFF) has requested that the County explore establishment of a PEHP Plan offered by Nationwide. A PEHP plan is a tax advantaged savings vehicle for employees to fund eligible healthcare related expenses during retirement. Employees pay no Federal income taxes, Medicare or Social Security (FICA) on contributions to the PEHP Plan, per Internal Revenue Code Section 501(c)(9). The employer realizes a savings as well, since the employer matching contributions for FICA are not required. This results in a savings to the employer equal to 7.65% of contributions, while the employee saves 7.65% plus their applicable Federal income tax rate. Contributions to the PEHP Plan can be made by the employer, mandatory employee contributions, or funded solely with accrued sick and/or vacation leave time. Based upon sick and vacation payouts from calendar year 2015, the County would have realized a savings of about $44,000 in matching FICA contributions for all bargaining units. According to representatives from the provider, employee participation is mandatory if implemented, but this can be separated by bargaining unit. Staff is agreeable to implementing a PEHP Plan with employee contributions if agreed to by each bargaining unit, but we are reluctant to unilaterally make these contributions mandatory for all employees. Therefore, staff recommends exploring implementation of the PEHP Plan through the collective bargaining process with the County's two (2) bargaining units. 239 5. Employee Premium Adiustment – As discussed previously, the County has not made plan changes or increased employee premiums for many years due to a lack of employee raises and Obamacare considerations. The last time the employee premium was increased was fiscal year 2007/08, when the employee premium for family was raised by $15 per month to the current rate of $217.50. The Healthcare Plan costs have increased significantly since that time, and the County has essentially absorbed the entire cost increase. The following table shows the current premium split for Indian River County for fiscal year 2015/16. Fiscal Year 2015/16 Employer & Employee Premiums Single $0 $505 0.0% 100.0% Family $217.50 $745 22.6% 77.40% As a point of comparison, the employee premiums for surrounding local governments for Employee Only and Family coverage are shown in the next two charts: Employee Monthly Premium - Single Coverage $140 -$-ng — $120 $100 $80 $60 $40 $20 $0 NN \a� o� a5� lea lea cce a \�a \'Y !6 NA -9, Lof l° a� o� �Je �Je o,� Q�`,e �° �° �° Jho J\�o a`a� a`° ado ado `'� `�� o Sao `A°°\ r°°\ r°°\ .Aat As illustrated in the Single Coverage table above, most local governments in the area charge an employee premium for Single Coverage. Some governments have no charge for a lower level plan, but if the employee chooses a richer plan similar to the Indian River County plan, then an employee premium is charged. 240 $900 $800 $700 $600 $500 $400 $300 $200 $100 $0 Employee Monthly Premium Family Coverage L° \tea � a \ a L°J L°J .pay' ��a ��a ��5� �,•�o Q�a� `a"C' � aR, `J �\ §\Q4Q`° oo �o; t 0�e ate 0�e 0 0. `yam �.�° `� SQJ `sJ (5c,�Q' �`� �Q. ero Employee premiums for Family coverage for most area local governments are higher than the County's, as shown in the Family Coverage table above. Recommendations: o Staff recommends that the County adopt'a policy to establish a share of the total premium to be paid by the County and the employee, which has been done by some local governments . Staff recommends that the premium for Single Coverage is split at 90% employer/ 10% employee. For Family Coverage, the recommended split is 75% employer/ 25% employee. o In order to avoid placing such a large burden on the employee next year, staff recommends phasing the transition over the next two years. The table below shows the proposed premium split for fiscal year 2016/17, which is an increase of $30/ month for the employee premium for Single Coverage and Family Coverage alike. Based upon proposed premiums for fiscal year 2016/17, an additional -$30/ month increase for fiscal year 2017/18 would reach the target split of 90%/10% for Single Coverage and 75%/25% for Family Coverage. Fiscal Year 2016/17 Employer & Employee Premiums Single 1 $30 1 $605 1 4.7% 1 95.3% Family 1 $247.50 1 $845 1 22.7% 1 77.3% 241 6. Change Effective Date for Health Insurance Plan and All other Benefits - Indian River County is cognizant of the ever rising costs of health insurance and works very hard in order to offer our employees a quality insurance product, yet still keeps the premiums reasonable for both the County and the Employee. The health benefit plan is offered to all eligible permanent employees who normally work 30 hours or more per week. There is currently a thirty (30) day "open enrollment window" during which a new hire may enroll in the health insurance plan. Failure to enroll during this thirty (30) day window which begins upon date of hire may mean that the employee has forfeited enrollment until the next open enrollment period. The current system places a significant administrative burden on the agencies (County & Constitutional Officers) in processing new hires and enrolling them in the medical plan and all other benefits within the 30 day window. Therefore, staff recommends changing the effective date of coverage to the first day of the month following sixty (60) days of full-time employment. In addition to reducing the administrative burden, this will provide a moderate amount of savings to the health plan. Based upon 10% turnover, the annual savings from this change would be about $150,000 per year. This change will only impact new hires. 7. Employer Premium Adjustment — For fiscal year 2016/17 budgeting purposes, the employer premium has been increased by $150/month for both Single Coverage and Family Coverage. This adjustment provides additional funding of approximately $2.4 million based upon the current number of budgeted employees (including Constitutional Officers). - If all of the measures are approved, the employer premium increase could be reduced to $100/month, which would reduce the financial strain on the proposed FY 2016/17 budget for County departments and Constitutional Officers. 8. OPEB Advance Funding - While OPEB costs are accounted for separately from Health Insurance Costs, the two items are interrelated. For instance, the OPEB Trust provides funding for a portion of retiree healthcare expenses. Last year, the OPEB Trust contributed $1.9 million to the Health Insurance Fund. If not for the OPEB Trust contribution, the loss in the Health Fund would have been substantially larger. Staff is proposing that an additional advance payment be made into the OPEB Trust Fund. This would reduce the amount of the required OPEB contribution going forward. Based upon our actuarial valuation, for each additional $10 contribution this year, annual contributions would be reduced by $1 going forward, meaning that the County would realize a reduction of about 10% of the additional amount contributed. Staff proposes making an advance contribution to the OPEB Trust in the amount of $9 million. This would reduce the annual required contribution by approximately $900,000. It should be noted that based upon the most recent actuarial valuation, the ARC is increasing by about $400,000 for next year. Therefore, the net effect of this would mean a reduction of about $500,000 in ARC, which would offset the increase in healthcare costs. This would provide additional relief for the FY 2016/17 budgets for County departments and Constitutional Officers to offset (partially) the increase in health insurance costs. 242 The table below provides a summary of the shortfall in the health plan as well as the impact of the recommended measures above. Estimated Annual Notes/ Comments Item Description Estimated Annual Loss (FY 15/167 $2,300,000 -7 Plus: Medical Inflation Est. Increase FY 2016/17 $1,600,000 Assumes 9% annual increase Estimated Annual Loss – FY 2016/17 $3,900,000 With no Changes Less: Savings from Recommendations Blue Choice Health Plan ($320,000) Est. 2% annual savings Kannact Diabetes Management ($105,000) Assumes 10% cost reduction International Prescription Provider ($110,000) Assumes 25% participation Change Coverage Effective Date ($150,000) Assumes 10% turnover Employee Premium Change ($490,000) —employee Assumes $30/ month increase Employer Premium Change ($1,630,000) Assumes $100/ month increase Subtotal: Cost Savings Measures ($2,805,000) Estimated Annual Loss – FY 2016/17 oo)7 Rather than a projected loss of nearly $4 million, the recommended cost saving measures reduce the anticipated loss to about $1.2 million. Staff plans to address the remaining shortfall with additional measures in fiscal year 2017/18 as detailed below. It should be noted that the plan changes .recommended above do not result in the County losing our grandfathered status for the purposes of the Affordable Care Act. Potential Changes – Effective Fiscal Year 2017/18 Increased Wellness Measures – The County has undertaken several wellness initiatives to reduce healthcare costs such as; the annual Health Fair, wellness screenings, smoking cessation classes Weight Watchers programs, Lunch & Learn programs. Staff will continue to develop additional proactive wellness measures. Some organizations provide various financial incentives (premium discounts, preferred health plans, etc.) for employees that actively participate in wellness programs. If this option were pursued, a multi-year phase-in would likely be needed to allow for adequate employee education and outreach prior to full implementation. 2. Employee Wellness Clinic – Staff along with the insurE establishment of an employee wellness clinic. Additional tirr Request for Proposals to select a provider for such services logistical questions such as the location of such a clinic, recommends scheduling this process for fiscal year 2017/18. next year, then a final decision on whether to move forward would be made at the completion of the RFP process. nce broker has researched the e would be needed to conduct a Additional research, as well as still need to be finalized. Staff If an RFP is conducted during the with an employee wellness clinic 243 3. Stand -Alone Pharmacy — At the February 0 meeting, staff was directed to research the potential for a stand-alone Pharmacy. Our insurance broker has indicated that this option is best suited to larger employers (3,000-5,000 employees) due to the cost of hiring a Pharmacist. The cost to offer limited prescriptions at a wellness clinic is lowered through the use of a dispensary. Under supervision of a Medical Doctor, certain types of medications can be dispensed without the need to have a Pharmacist on staff. 4. Other Health Plan Adiustments — In previous years, numerous health plan adjustments were made to provide a savings to the health plan, such as increased copays, deductibles, and out-of- pocket maximums. With the assistance of our broker, staff will explore additional plan adjustments for consideration for fiscal year 2017/18. 5 Continued Phase-in of Employee Premium Adjustment — Proposal Number 5 for FY 2016/17 was to establish a premium split between the employer and employee and begin a two-year transition to reach the recommended premium split (90%/10% for Single Coverage and 75%/25% for Family Coverage). Based upon the recommended premium rates for FY 2016/17, an increase of $30/month for both Single Coverage and Family Coverage would be near the recommended premium splits 6. Continued Employer Premium Adjustments — As stated above, healthcare costs are projected to increase by about 9.0% per year. This represents an annual increase of $1.6 million on a countywide basis. Depending upon actual expenses, additional employer premium contributions may be needed. 7. Pharmacy PPO Adjustment — Prescription medications make up a significant portion of our total health plan expenditures. Last year, the health plan paid about $4.1 million for prescription medications (in addition to copays from employees). This is a significant portion of total expenditures (-23%) and these costs are rising faster than our overall health costs Therefore, this area represents a significant potential for savings. Out insurance broker has obtained an analysis of prescription medication expenses on the County's health plan for a one-year period by provider This analysis has shown that prices paid for the same prescription medicines can differ substantially at various retail pharmacies. Based upon the results of this analysis, staff recommends eliminating some/one provider from the PPO network for prescription medications. Summary and Conclusion The County Health Insurance Fund is currently in solid financial condition, however, continued losses similar to those experienced last fiscal year ($2.8 million) cannot be sustained. If adjustments are not made, the Health Plan will likely face a funding crisis over the next several years. Staff has presented a two-year plan above to address the current shortfall in order to ensure the long-term financial stability of the County health plan. Recommendation Staff recommends that the Board of Commissioners approve the proposed changes (Numbers 1 through 8) detailed above for fiscal year 2016/17. Staff additionally recommends that the Board approve the Potential Changes for fiscal year 2017/18 for further exploration. During next fiscal year, staff plans to present final recommendations for fiscal year 2017/18. Attachment: Health Plan Three Year Pro Forma 244 APPROVE ' D AGENDAW- JJos6ph ITE BY: /" , A. Baird County Administrator FOR: June 14 2016 Indian River County A ved Date Administrator 0 County Attorney QOL Budget 6 l b Department Risk Management 245 Attachment 3 Year Projection of Health Fund Balance (assumes no changes are made) 3 Year Projection of Health Fund Balance (assumes recommended changes are made) FY2015/16 FY016/17 FY2017/18 Beginning Balance $14,251,177 $8,944,808 $5,044,808 Revenues $15,100,000 $15,100,000 $15,100,000 Program Expenses ($17,400,000) ($19,000,000) ($20,600,000) Net Gain/(Loss) ($2,300,000) ($3,900,000) ($5,500,000) Less: OPEB Buydown Contribution ($3,006,369) $0 $0 Sub -Total (Change in Fund Balance) ($5,306,369) ($3,900,000) ($5,500,000) Remaining Fund Balance $8,944,808 $5,044,808 ($455,192) Less: 3 Months Program Expenses. ($4,350,000) ($4,750,000) ($5,150,000) Incurred But Not Reported (IBNR) Claims ($1,952,520) ($1,952,520) ($1,952,520) Balance Above Minimum Required $2,642,288 ($1,657,712) ($7,557,712) 3 Year Projection of Health Fund Balance (assumes recommended changes are made) 246 FY2015/16 FY016/17 FY2017/18 Beginning Balance $14,251,177 $8,944,808 $7,849,808 Revenues $15,100,000 $17,220,000 $17,220,000 Program Expenses Net Gain/(Loss) ($17,400,000) ($2,300,000) ($18,315,000) ($1,095,000) ($17,220,000) $0 Less: OPEB Buydown Contribution ($3,006,369) $0 $0 Sub -Total (Change in Fund Balance) ($5,306,369) ($1,095,000) $0 Remaining Fund Balance $8,944,808 $7,849,808 $7,849,808 Less: 3 Months Program Expenses ($4,350,000) ($4,578,750) ($4,305,000) Incurred But Not Reported (IBNR) Claims ($1,952,520) ($1,952,520) ($1,952,520) Balance Above Minimum Required $2,642,288 $1,318,538 $1,592,288 246 'Company- INDIAN RIVER CTY BD OF CTY CM Group:90000 Current Paid Period: From 06/2015 to 0512016 Prior Paid Period: From 06/2014 to 05/2015 Rank: 100 Rx Sort By, PAID Top Drugs by Paid/Prescription :AMPHETAMINE/DEXTROAMPHETAMINE CIMZIA LIALbA 1 33 28: $213.084.261 $28,791.52! 34; 01$27,699.65! �6.001 $27 d . .... - . 7 i is: 23, ,669.59] $31,783.67 . -2.46%; $4,557.81: $3,720.00! IT. iMI� -1 ZZIE Al $32,511.521 "&AFL 0.06%� ITECFIDERA MM 0.00%• EMMUM. I RKAMBI 1 0 $222,700.80 $0.00 0.00% $550.00 $0.00 0.00% $223.250.60 $0.00 0. 0 2 2 $210,339.41 $135,189.75 55.59% $1,260.00 $910.00 38.46% $21 1,599.41 _$T5_6,069_75 55.47% 0 $125,473.31 $0.00 $75,949.08 0.00% 44.67%-- $350.00 -$17,25E.-00 - $0.00 ___$_14,495_00 0.00% _19.37%T3._53 __$1_25,823.31 127,1 $0.06- 404.08 _�9_0 0.00% 40.6W_6 4 -5 -$7109,878.63 5 42 --$-93.940.00--- $21 ,513.76 336.66% $470.00 $140.00 235.71% $94,410.00 $21,653.76 336.01% LANTUS_S6_C(5ST_W 6 -7 ____$82.63 197 __81:6___ $80,772.58 149% $6,440.00 $7.000.00 -8.00% $88,412.63 $87,772.58 0.73% Yy-fiGlk :1-44 72.96 $20.743.83 293.73% $350.00 $105.00 233.33% $82,022.96 -$20,84-6.WF33- 293.43% NOVOLOG MIX 70130 PREFILLED FLEXPEN 10 8 10 $79,618.24 $68,953.40 $51,474.17 $40,708.99 4.68% 69.38% $U7_0.00 $420.00 $2,170.00 $280.00 32.26% 50.00% _i_82_.488.24 $69,373.40 $53.644.17 $40,988.9 __-53.77% 65._259/6 EETASERdN 9 13 W_ W�7ONE) PEN" 8 $67,085.51 $59,781.56 -12-.2-2% $650.00 ----TO-O-/ -�6_0,T3T._56__ 8% ,297.58 $67,797.34 -9.59% $3,290.00 $3.990.00 -17.54% $64,587.58 $71,787.34 -10.03% 12 3 $49 _$_49,508.56 153.75% $3,280.00 $980.00 234.69% $63,097.99 $24,553.28 156.98% RYCOKYR. 5 _799/6 $59,819.86 $3,743.05 ____$_3,029.98'_23.5Z -_W_ -$60,832.91 $52,538.54 $54,485.91 $40,033.07 36.10% $5,320.00 $4,375.00 21.60% $59,805.91 $44,408.07 34.67% 14 14 .90 93.75% $57.010.90 $34,79118 63.86% $33,111 18 62.351% $3,255.00 $1,680.00 1_6 '-0'-'- 17 46 -$52.934.00 $49,309.10 $0.00 $20,497.53 _6_0U9_i.fl_7500 140.56% $0.00 $2,555.00 $1.190.00 0.00% 114.71% $53,109.001 ___�6TO 139.14% V,7S_07Cj_N_E__ 20 $48,889.87 $32.815.10 48.98% $500.00 $500.00 0.00% % $49,389.87 $33,315.10 48.25% -.142,494.54 $37,743.70 12.59% $5,200.00 $5,700.00 -8.77% % $47,694.54 _----- $43,443.70 9.78% BUDESONIDE 20 _f2 $42,142.43 $45.299.63 -6.97% $750.00 $760.00 -1.32%1 $42,892.43 $46,059.63 -6.88%) ASACOL HD 21 32 $39,150.38 -$9-,3767.T6 48.43% $1,505.00 $1,470.00 2.38% $40,655.38 $27,846.2646.00% LEVER - ------ -- 22 _$_2_,269 0-0 -$1.015.00 117.24%$40,360.47 $19,234.06- _ 1 . 09.84% -26 4[ - -------- 3 $36,044.93 $34,947.09, -$30-,3-82.7-6 $25.984.83 18.64% 34.49%$600.00 $8,695.00 $550.00 9.09% $4_4'1739_93 $35,547.09 $38,077 . 76 $26,534.813 17.50% 33.96%25 XARELTO 3 $34,-612.991 $27,489.841 25.91% $3,885.00 $3,430.00 13.27% $38,497.99 $30.919.841 24.51 %! TOP 25 TOTAL COST 751 $34,171.59 I$13,404.451_t2_,1 T5. 0-0 -T869.65 )HE 0 $36,306.591 $14,209.45 155.51% 27: -2-61 $33,687.98' Q _$3_1_12_99_._9_0"! 7_6,3__%, 'il 61K.651 -_34 4 352.981 $32,314.901. 6.31%' §0iWIVA HANDiHALEA 281 Is, _261 $33,341.971 9.58%1 $T36 6661 66-661 . ...... :_ - 7 24-/]o 701.97 $40,9 5.1 8 0.34'61 5FCV' 61 100.00% - - $20000, $10000 _ _ 100.00%! fi_2,4164.60'i .. _... _:�_ $16,227.00 - 166.6-6;i.1 �di 4 'i�6,6HJ_611 $16,471.021 $500.00 60.00% $30.765.76! $16,971.02 81.280 MRIATANE t 31! 3V 1 1_2 4 9/6 I $400 : 00 271.111 $26,777 0/0 &A�TAN t24,508.23j i6b To! '�65 . 6 661 - 6.Cowl $30,438.�3: 26.469,61 :AMPHETAMINE/DEXTROAMPHETAMINE CIMZIA LIALbA 1 33 28: $213.084.261 $28,791.52! 34; 01$27,699.65! �6.001 $27 d . .... - . 7 i is: 23, ,669.59] $31,783.67 . -2.46%; $4,557.81: $3,720.00! 22.50%i $32,642.07: $32,511.521 _0.40-).! 0.06%� $315.00! $0.00: 0.00%• $28,014.651 $0.00, 0'0" 0%1 -12.94%: t1,646.661 $1.855.00; -11.32%! $29,314.*691 1Company- INDIAN RIVER CTY BD OF CTY CM Group:90000 Current Paid Period: From 06/2015 to 0512016 Prior Paid Period: From 06/2014 to 0512015 Rank: 100 Rx Sort By PAID Top Drugs by Paid/Prescription Thlc Flnrlein Rl- -n is nrnnr,omn, -A -CA-flei a......a o,,.. nainnion.c ... on n.. -- . _1, 44, RILEPTAL - --- - --'--- �.LIDOCAINE 68 $13,429.35 $14,100.49 4.76% $1,412.55 $1,300.00 862% $14,841.90 $15,400.49 -3.62% -_--- _ CARAC --_-- ]74 231 151 - $12,802.57 - _ - $12,503.58 -- $2,979.33 $5,568.14 329.74% 124.55% $250.00 $175.00 --- $140.00 ----- $150.00 78.57% 16.67% - -7 $13,052.57 $12,678.58 -!F- $3,11933 -$5,718.14 - 318.47% 121.72% NAMENDAXR .......-- -- --- -- ---- 75 --183 $12,361.95 $4,149.64 197.93% $1,505.00 $435.00 245.98% $13,866.95 $4,584.64 --- 202.49% ---- MYRBETRIO _ ----_---�_--�-----�-•---- -_...- 76 -10-21------$-1-2-,-2-5-3 .98 -.--...-._- $8,565.00 -..-_-_% 43.06% .-_.-._____-5- $1,365.00 --- - $1,050.00 ---- 30.00% $13,618.98 $9,615.00 - 41.63% FLUOCINONIDE y- $12,323.70 77-- 192- $11,973.70 $3,919.10 205.51%---_-- $350.00_--_- $370.00-- -5.41%I-- - -- $4,289.10_---_-187.32% BYSTO LLIPTA - �--�-------- 78 - 200 •--- 1 $3,105.74-- ._..0-9/6_.._...-.--_____---•-• 219.97%4 2-- 3.33%1 $13,396.421 $4,230.74------- 216.670 SYSTOLIC------ - -- - - - 79 -- 95----$11,842.10 -- ---$11,856.42 $9,105.34 30.05% $7,050.00 --- $$4,155.34- 16.79% - -- NUCYNTA ER -- $5,054.96 o 133.08 /0 --$7,350.00- $420.00 - 5,949.67 192.60% 80 - 163 -194.26%---$19,192.10 ° 33.33%, JARDIANCE - -- - ---_ - -- 81 143, -- - $11,535.0 $5,899.67 - -- -$315.00 $1,050.00 . 95.52% _ - $1,850.00 76.19/0 -- $13,385.01 - - $12,201.53 EFFIENT --- -82 148 -$11,781_53 $11,362.59 - -- $5,772.74 - 96.83% $1,550.00 -'---- --- - -'- $12,912.59 $6,822.74 $1,050.00 - -I 47.62% -' -- 89.26% CANASA 83 464 $11,055.121 $684.94 1516.08% $490.00 $35.00 1300.00% $11,545.12 $719.94 1505.56% AXIRON -- - - 84. $._6,�512.75_ ..._-..$550.00 _ $11,406.07 61.50% -18.18% RANE-XA 85 _... --133 241 -----o - - .-$10,956..07 $10,8 8766 - $2,729.94 ....68.23% 298.90% --- --$450.00 $1,616.23 -�----`$--7,,02-..- 4-684 `--`' 29743/ -41-6.-0 --- 288.22%-$_,-50389 ORDITROPI_N_LE__P_RO - 86 $70.00 - $0.00 $10,925.86 $0.00 0.00% $10,855.86 $0.00 0.00% - 0.00% -- - --- $200.00 325.00% --- - $11,648.92 - $2,697.08 -- - 331.89% $2, 497.08 - 332.44% ---�- $850.00 PRAMIPEXOLE DIHYDROCHLORIDE ER -------------- - 88 - 0 -_-. $10-,661 48 -- -- ------ $0.00 -.- 0.00% - ---- $200.00 _ $0.00 - ---- 0.00% --------- - -' -- $10,861 48 $0.00 0.00% DOXYCYCLINE HYCLATE DR --- 89 --- 208 - --- --- $10,562.09 - T3-1-0- .00 - •... ..---- $140.00 ------ 121 43% --------' - -- -- $10,872.09 $3,617.81 - - 200.55% -- --- $3,477.81 -- 203.74% CELECOXIB 90 177 $10,504.36 $4,502.17 133.32% $1,360.00 $490.00 177.55% $11,864.36 $4,992.17 - 137.66% OMEGA -3 -ACID ETHYL ESTERS 9 1 103 $10,391.05 $8,527.59 21.85% $680.00 $430.00 $11,071.05 $8,957.59 23.59% 58.14% HORIZANT LEVEMIR 92 93 129 71 $10,338.43 $10,283.70 $6,651.04 $13,764.35 55.44% -25.28%{ $950.00 $735.00 $700.00 $595.00 35.711%$11,288.43 23.53% $7,351.04 $11,018.70 $14,359.35 5--- FARXIGA I_.__.__.-......... .--------'---_._ 94 ___..._.. 139 - -- ._-._ $10,118.30 _..___-_--'----'------- $6,12741 --- 65.12% $1,600.001 - --- $1,100.00 - -- 45.45% $11,718.30 7,22741 62.13%, j FENOFIBRATE _ -- --- -- 95 60 $10,045.75 $16,191.00 ---__ 37.95% .... $3,550.00 - $3,630.00 --2.20% $13,595.751 $19,821.00 - 31 41% CIMZIA STARTER KIT I 96 0 -- - - $9,946.57 $0.00 0.00% $35.001 $0.00 0.00% $9,981.57 $0.00 0.00% ILEFLUNOMIDE __._.._.._..__._ 971 446 --..._... $9,899.36 - --- $756.85 1209.26%, 1480.00 $410.00 17.07% $10.379.361 $1,166.85 790.05%1 LEVOTHYROXINE SODIUM i 98� 131' $9,609.671 $6,572.10 46.21% $12,591.24 I $12,732.74 111% $22,200.911 $19,304.84 15.00%� 1COLCRYS99j 99 $9,573.731 $8,943471 7.04%1 $735.001 $1,042.831 -29.46% $10,308.731 $9,986.30 JANUMET 11001 86 $910.001 1875°/ I $10,340.74; $11,579.59 -10.69% I OTHER ,$9.430.741 ,$10,,459..59' .83% j $461,286.791 $49 1 4.3 -6.6ALL I$1,783,585.9 $2,341,373.48' 23.82%j Total $4,398,832.38; $3,789,438.22 16.08%: $663,191.521 $679,034.101 -2.33%! 55.062.023.901 54.488.472-32� i4se Thlc Flnrlein Rl- -n is nrnnr,omn, -A -CA-flei a......a o,,.. nainnion.c ... on n.. -- . _1, I IL 1,01 -Ad L-1-191-06 Ad suoynpuawwoaay a6upy) 001d q , Nd '17 T LI t I I � � W-1 FF E: INVIRY"M qc 144, -�`�4 p I ,;� Me, i -Ar? A MIA -M ON sn -=- 0 Provides. coverage for following groups: ❑ C ou-y -f-,-, --hip'loyb, —.65,0 n e L) Constitutional -Officers —650 U. Reiif'ees —250 ❑ 50Lj Plus: - eligible -dependents (spouses, children} .,,Lj TotaI, members, —3,600 Im. 0 ---D- Sel-f-insured , fund . s= .o "Grandfathered" status under ACA - L) Nolan changes_ sin,c6- - 2010 - o PP0. Administered by Florida Blue Se L-Ilt',"' -R � 5' -F; r 0 ---D- Sel-f-insured , fund . s= .o "Grandfathered" status under ACA - L) Nolan changes_ sin,c6- - 2010 - o PP0. Administered by Florida Blue N t AN -N ui� RIT, it 4P g n,tiP �r gg 4. T "I Ll. -Prescription---drug prices up 1 16% for 201,..--5 (-Milliman),ll ❑ Medical trend, up -9-,.,0% for 20.15, forecast of 9.b% for 201-b (Wells Fargo ln s.,) - Li Health-care'-- costs = 17.5% of GDP in. 2014' -,(Up 5-.3%from 2013) - ❑ ACA ad ditional costs - $236,275 fees plus H $20 C 0 $18 $16 $14 $12 $10 $8 $6 IRC Healthcare Expenditures 2009 2010 2011 2012 2013 2014 2015 Fiscal Year Health Ins. Fund Net Revenues/(Expenses) 2009 2010 2011 2012 2013 2014 2015 Fiscal Year SAO Historical Premiums per Month Monthly Premium Comparison — Surrounding Local Governments $2,500 $2,000 $1,500 $1,000 $500 $0 Total Monthly Premium Family Coverage n\ ae oQ°•°e 0°\o\°a�a\S13\ 4Q, o Sao tao o 110 e e 0�O\00\co"oLoo Jo Jti � \S ao3 \ fi 0 Monthly Premium Comparison Surrounding Local Governments ; , ' I l �; . ,�9r ,u 1. $900 $800 $700 $600 $500 $400 $300 $200 $100 $0 Total Monthly Premium - Single Coverage Coe \�ao \�ao e e, b a°,° �Qe .Ae' a�a\ a�a\ a�a\ �`o�\ eco\\ o o �b �a�a pec ��c \oa r°r°r°° "0 o\0 0t� 0t� Health Ins. Fund Net Revenues/(Expenses) $4 0 = $3 ig $2 AN NO a' I ma 24 2009 2010 2011 2012 2013 2014 2015 2016 2017 Fiscal Year FY 2016/17 Recommendations r, 'Nt`.0, 0-)"' i"MOMMana i I awk,37WIMM th, 'a n 177 -'V05 IP 'P A E f 7 1.', W �,. Emp;loye�,e,;Premium� Changre-;:��;.`� �; ; •�, �,:� ;(":$:4,9�.O,hp�p:��),: 0-00 =": _4 �MT -77 I Mit-66t6dA n nU L Cj " AN I N A- T HH, _7 �. Change from Blue Choice to Blue Options a) No change in copaysj, deductibles, out-of-pocket b) More current cost containment mea -sures C) Est, cost savings of 2% or $320,000 . M �'. p -T , A'lj AN 2. Kannact. Diabetes Ma-hagemen-t Program aj p I '1 11 . O'n"cos,ts -last year — $1,05,0,000 b) Comprehensive- system to manage 'diabetes C) Heaft'"h''coa,ch-1.'rea I 1 -time monit o ri ng, andsupport d) Este cost ost savings -of - 10%. or,.$1 05.,000.. e) Employees feel better, are he-a-Ithier, and more . ... ... produ-ctive.- ^i i ,i �p' PT AN �r' � �""-_• •�.;���I. iR, s. .International Prescription Provider a� _Sto.,ries,--of ,p.eo,ple driving to Canada for lower. cost meds b) Vol.u.n.tary program, employees contract with -.IPP, directly C). Import meds_ from "Tier 1" countries ,(e,,.g. Canada, U.K., Australia d) Est. cost savings to County - $11 G,000'(25% participation)_ _ _ e) $'0 Cop -ay for employees —est. savings of $25,000 M A N CE rl S.— 47 a.. Post. Employment Health Plan a), IAFF has-expresse d an interest b) Taxadvantaged.vehicle to fund healthcare costs in retirement 0 "saves FICA c) ''Emp,loyee saves inIc 'melax - County sa,.. d) County-" est. savings — $44,000 (based, on 2015 payouts) Participation is -mandatory, but can be -separate -by b-arg qiinimg unit f) Staff recommends explore through collective-_ bargaining E A U R, A N Pill, s. Employee Premium Adjustment "...."Survey of'§Urr6undifig local governrh6nt rates ME -Z 1�1 Qz -Q:: Monthly Premium Comparison — Surrounding Local Governments $900 $800 $700 $600 $500 $400 $300 $200 $100 $0 Employee Monthly Premium Family Coverage C,°Jc Q��c Qac Qac C.°J� C�°Jc a'�\ Q��c Qac �y�e hr°` Q�a� Qac Qac oto aJQ \�ac o 0\\Q cop L§, °c °o aqao�o\ o\ o GoC ito,teto coJ`r `\,J° Monthly Premium Comparison — Surrounding Local Governments 9, � tl a r Employee Monthly Premium - Single Coverage $140 $120 $100 $80 $60 $40 $20 $0 0 w� A ac 11 �1 to eh ,1 �1 11 > ac ac ac Jc JcFe o� ac ac ac ac ac \J�tL° ocam\ cam\ o`` C.° j`\ L° ��e�a ar\\ ar\Je`hr `a\ `a\ c CP L°J L°J �� �a `�J 0e 0e \tiAo� act` �' °P �Ioa �0°a Cp' Lock \cava aa�a ,a�a ,a�a `' L ��ec° ��eco L \ca` �`roo �roo �roo QJ`�o QJ\�o e e e (,`J 6\J° E,mIoyee. Premmm Adjustment - p N-a-premium -increase. since 2007/08 L In. light of lack of raises during downturn (09/10 — 12/13) ii. Employee ra-ises for last 3 years R N A E,mIoyee. Premmm Adjustment - p N-a-premium -increase. since 2007/08 L In. light of lack of raises during downturn (09/10 — 12/13) ii. Employee ra-ises for last 3 years FLAN 5. Employee Premium -Adjustment ,b)_ L C) d) Recommend pol.icy to split premium. as, follows Family coverage — 75% County/25% employee - Sing -le coverage — 90% County/l0%, employee. 2 — Yezrphase-4n -to ease burden -..on emp-loyees .Increase .$30/ month. each e) Est. savings - $49010-100 p "M Ito 6. -.Chain,ge Effective Date for New Hires a) Currently 30 d,ays after d,ate.of hire b) Sa,m'e as 3,0 day open enrollment window c) Diff i-cullt.-& time consuming to a,dmln-ister .. ...... . . d') P'r' o.p'b.se'-first."d-ay 6f month after60 days frorrihire e) Reduce admin'istrat-iv'e burden f) Est. ,$! 50,000 savings bas6d upon 10% turnover - SURAMr`E EA4. 1-1" .7. Employer Premium Adjustment -a) -$1-,,5.0,/,,m,o.nth,,,,employer contribution used for budgeting purposes b)This has created-, great strain on FY._2016/1 7 budget c) After measures- r 1. e c .1 ommencled'a-bove, increase employer contribution by $100/ month' d) Generates additional revenue of $1.6 million , Health Insurance Monthly 2015/16 vs. 2016/17 Premiums — FY Summary of FV 2016/17 Recommendations — Financial Impact 8. OPEB Advance Funding „� � .ri; ✓..:,� ;'�. N .,I � ^ 7 �` a'R .rY^r' .t -r' k � .4La. � s.1 i' _ (.r I gni, t., .� � i � h 'i •�.—„s'+- .+f:. Ar' ::i` ��: �a'�-;`,a .}rk •,�., °v. ..�i1 ..}�i^ r,`fi�'-9: �i L.'o� `ti „G ill. .�,.�r'�w;l yH��- 4 • Accounting for Post Employment Benefits Other than Retirement • GASB Statement 45 — implemented in FY 2007/08 • Recognizes cost of benefits when they are earned • Previously accounted on apay-as-you-go basis • County established OPEB, Trust in FY 2007/08 • This allowed for funding of OPEB, obligations • County ended explicit subsidy for employees hired after 2/1/06 r OPER — similar to Pensions Employer and , 11.111 .. .. .... ... . ...... employee contributions during employment 4 Pension Payments to retirees after retirement OPER — similar to Pensions F175-11-, MM'N' Alvnx-, IVE MIAMII� S �W� Offilo",-".11, 11"� Employer contrIDU110 during employmei OPEB Trust Fund to cover reti ree healthcare costs OPER — Historic Funding Levels 16 •0 14 12 10 8 6 4 2 01M., M Net Assets 2008 2009, 2010 2011 2012 2013 2014 2015 Fiscal Year Z S Iz- 61 OPER — Historic Funded Ratio 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Funded Ratio 2008 2009 2010 2011 2012 2013 2014 2015 Fiscal Year Flow of Funds — FY 2014/15 Employer contributions $2.9 Mill!C OPEB T MIN Payment to Healthcare Fund OPEB Trust Fund $3.5 0 $3.0 $2.5 $2.0 $1.5 $1.0 $0.5 $0.0 OPEB Trust — Historic Inflows &Outflows 2008 2009 2010 2011 2012 2013 2014 2015 Fiscal Year UVED CZM= Dreakdown of Annua Reauired Contribution Breakdown of ARC $2,461,562 Normal Cost UAAL AM OPEB — Impact of $9 million advance ay ent VIR Breakdown of ARC El Normal Cost $2,461..562 —. . . . . - - - r I I A A �I A, KA NJ M 0114, ';�A I - Wq C T� & MN -1 -Rgp;3�4 *,?, WIMP 4, ul k4 -i Ilk MM VV 8. OREB Advance. Funding a) $1.e.9, mi.I.I,i.on.-.f.rom OPEB Trust to pay retiree health costs b) With -out OPEB.-payment, Health Insurance.loss would have been-- much- I.a.rger c) Acldft,ion ontr-ibution of. ,$,9 million r e c'6 m -6i 6'n d e d' '"-cil'c d) Reduces annual contribution. by $9-00,000 e) After $400,600 increase due to ri.sihl.g costs, net decrease of $50-0",000 Summary of FY 2016/17 Recommendations v Financial Impact WIN111,11, a I'M" $1" IN 51•W, - WIN,, I IN y -",- a w i n g s i -A jt ON rr $'00-0.0011 irom. Keqpm,.,,mep ations,il! n, ry, is y -",- a w i n g s i -A jt ON 77. E PT A(4 I T IliN 'S U AN 'ot 71 IOU gwl .... . . . . . . . . . . ....-Increased Wellness Measu-res 2. Wellness Clinic Investi-ga.tion s. Stand -Alone Pharmacy 4. Other- Health--'�Ptan Adjustments, oye Pre'mium 5. Continued- Phase-in of m -6. ContinuedEmployer Pr-emiurnl �. Pharmacy P P 0 i I-em.-ent'a't-ion URAN(,,E luA PLA_ ;H[EA' 'Staff recommends that the Board of Commissioners - approve the proposed~ changes (Nos.1-8) for 20 1.6 17. Staff also recommends th',�.., at the Board"' approve the Potential Changes for FY 2for further " exploration. Final recommendations will... ..b'. e presented next fiscal year.,.,_, ... .... . ...... 1� -11-�-- 9�1 q Health Insurance Monthly Premiums — Percentsge Split Employer/Employee Noll m1w I CanaRx Group Inc. MEDICATION COST ANALYSIS FOR .INbI`4'N,'RIVbk-I36C' Brand,Aailn' e".Medications Top 100 Drugs by Plan Paid Claims Period: 8/1/2013 - 7/31/2014 (Prepared on September 29, 2014) MA a " 43 -q .,Tplan Raid �iid TR a ed enj1bjeir'P'3id,- C Saving's av • MediCaiti6n A ...... ''-Quantity z Uffit, r `CmV,". -C C C x NEXIUM CAP 40MG T_�&V1b_EP�4_dA'P 240MG 18,675 1,4 17,080.00 990.00 $ $ 125,938.67 115,408.00 $ $ 6.74 80.14 2.45 8 $ $ 45,753.75 69,235.20_�_ji1._fH,81 $ &_qq 80,184.92 -i, -A63 '3-6 SPIRIVA CAP HANDIHLR 5,760 $ 5,810.00 $ 'J40 47,951.24 $ 8.32 $ 3.36 .4, $ 19,353.60 $ 28,597.64 'V�'�'`6. 5 .32 _0263f.7' 6- 4.6i CRESTOR TAB 10MG 6595 $ 7, 00 32,364._4� $ 1,6 7��l 20,6 SORIATANE CAP 25MG ZYTIGA TAB 250MG 900 480 $ $ 410.00 $ 140.00 $ 31,195.31 27,658.44 $ $ 34.66 $ 1.99 57.62 $ 41.26 $ 1,791.00 $ 19,804.80 'iO,902.00 $ $ 29 404.31 W!'94`3 A 7,853.64 jAhU\AA_-f,kb ioblvlb 3,450_-$ 7.97 $ 3.16$__ $ 16,589.73 3% g, -- DIOVAN TAB 160Md' WB I Cl FY TAB _10MG 1,035 $ �,_j 6 _6_6*_�_ZC�'_ 5 1,650.00 $ 70.63 24,415.33 $ $ 3.49 23.59 $ 1.35 $ $ 7.57 $ -.2.-.-50- 10,165.50 7,834.95 $ $ 16105.13 16,580.3 - L I KC6,k T96 1.2 G M 3,210 f .60 $ 19,974.81 $ $ 8,b25.00 $ 11,949.81 02 LETAIRIS TAB 10MG CRESTOR TAB 20MG 9 0 3,690 _�,745.00 $ 18,157.14 $ 219.18 $ 153.28 $ 13,795.20 4.92 $ 1.77 $ 6,531.30 .... $ 5, 1.15 0 $ 11,625.84 ow� -. A�N2 _fK6 W6 ASACOL HD TAB XELJ - 8 06 Wd 4ib 3,750 $ .0 0 1,085.00 $ 17,3 31 16,471.55_-T $ 36.19 4.39 $ $ .* 32.96 1.61 $ $ 15,820.80 6,037.50 $ $ 1 10434.05 163'39%'�---- AIR DISKU AER 250/50 ADV 3,960 -61 $ 1,925.00 $ 16,139.20 $ 4.08 $ 1.56 $ 6,177.60 $ 9,961.60 `61-7W,;�,. OR TAB 5MG CREST- 3,3 3,325.00 $ 16,061.35 $ 487 $ 1.67 $ 5,512.67 $ _48. 8 t5 t/, 10�5. LATUDA TAB 80MG 720 $ 650.00 $ 15,350.43 $ 21.32 $ 639 $___4,600.80 $ 10,749.63 DIOVAN TAB 320MG 3,210 -40 $ 3,115.00 $ 14,703.98 $ 4.58 $ 1.59 $ 5,103.90 $ 9,600.08 Zff _1A YA§__1 W-6 :370 3,1' 5.00 8 $ 14,622.14 $ 4.81 $ 2.08 $ 6,323.20 $ 8,298.94 CYMBALTA CAP 60MG 2,250 $2,700.00 $ 14,059.35 $ 6.25 $ 2.49 $ 5,602.50 $ 8,45685 0 o', ADVAIR DISKU AER 500/50 2,520 $ 1,190.00 $ 13,892.65 $ 5.51 $ 1.97_$ 4,964.40 $ 8,928.25 64.3% W1LFrN7'fAB MG585 $ 1,050.00 $ 13,711 82 $ 23.44 $ 8.45 $ 4,943.25 $ 8.768.57 63.9% DIOVAN TAB 80MG 4,365 $ 4,445.00 $ 13,671.62 $ 3.13 $ 1.14 $ 4,976.10 $ 8,695.52 CELEBREX CAP 200MG 2,265 $ 2,250.00 $ Y 11,527.31 $ 5.09 $ 1.72 $ 3,895.80 $ 7,631.51 ,;66.2%' LOVAZA CAP 1 GIVI7,560 $ 2,130.00 $ 11,360.59 $ 1.50 $ 1.32 $ 9,979.20 $ 1,381 XARELTO TAB 20M 1,320 1,320 $ 1,540.00 $ 10,893.61 $ 8.25 $ 4.56 $ 6,019.20 $ 4,81 DEXILANT CAP 60MG DR 2,504 $ 3,800.00 $ 10,538.12 $ 4.21 $ 3.43 $ 8,58872 $ 1,949.40 _ L Page 1 of 2 `_,H^;1 �.,IVledication;�` iTRILEPTAL TAB 600MG IORACEA CAP 40MG IONGLYZA TAB 5MG NAMENDA TAB 10MG iTRADJENTA TAB 5MG_ PRISTIQ TAB 100MG IJANUMET TAB 50-1000 IVYTORIN TAB 1_0-40M_G_ !PREMARIN VAG CRE 0.625MG QC ansa°R ,•iinplii,';'S,iee...,i� CanaRx Group Inc. MEDICATION COST ANALYSIS FOR INDIANRIVER.BCC BrandwNam'&, bdications Top 100 Drugs by Plan Paid Claims,Period:�8/1'72013 - 7/31/201.4 (Prepared on September 29, 2014) _ 1,260_ $ _.. 850.00_ $_ _ 10:041.558 $ 7.97 _. $ 1.59 $ _2,003.40 $ _ 8,038 18 750 $ 1,250.00 $ 9,819.39 $ 13.09 $ 1.61 $ 1,207.50 $ 8,611.89 1,170 $ 1,190.00 —$ 9,391.40 $_ _ _ 8_03 $ 3.17 $_ 3,708.90 $ 5,682.50 2,282 $._ _ —1,015.00 _ $ _ _9,359.93 _$ _ _ 4.10 $ ..__ _ __. 2.12 $ 4,837.84 —$ _ 4,522.09 1,200 $ 1,850.00 $ 8,993.44 $ 7.49 $ 4.13 $ 4,956.00 $ 4,037.44 T1,747 $ 2,743.69 $ _8,467.24_$_ _ _ 4.85_$ 2.53 $ _4,419.91 $ _4,047.33 —$ 8,323.52 +8,154.27 $ _— _ 4.0_2_ + $ _— 1_50 $ 3,1_05.00 $_ 5,218.52 2,500.00 _ $ 4.38 $ 2.36 $� 4,389.60 _ $ _ 3,764.67 1,320 $ 1,540.00 $ 7,379.97 $ 5.59 $ 1.72 $ 2,270.40 $ 5,109.57 Top 100 Summary: 36 - Medications available through the CanaRx program. 64 - Medications not available on the program. The CanaRx price shown includes all costs to the plan. There are no further charges such as, electronic transaction fees or per member per month administration costs. All medications are supplied through certified pharmacies in Canada, the United Kingdom, Australia and New Zealand (Tier -One countries). P.O. Box 44650, Detroit, MI 48244-0650 Page 2 of 2 June 21, 2016 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 13, 2016 SUBJECT: Rewrite of County Code section 956.15 � FROM: Peter O'Bryan 9 Commissioner, District T1>0 Request the Board to consider directing staff to rewrite section 956.15 of county codes, "Regulations for temporary signs requiring permits." This section has become invalid due .to the Supreme Court decision of Reed v. Town of Gilbert, Arizona. Back up provided. 247 I SUPREME COURT OF THE UNITED STA REED ET AL. v. TOWN OF GILBERT, ARIZONA, ET AL. No. 13-502. Argued January 12, 2015— Decided June 18, 2015 A sign regulation that on its face" considers the message on a sign to determine how it will be regulated is content -based. Justice Thomas emphasized that if a sign regulation i i content based on its face" it does no matter that the government did not intend to restrict speech or to favor some category of speech for benign reasons. 1 248 • Justice Thomas's opinion calls into question almost every sign code in this country: _� • Few, if any, codes have no content -based provisions under the rules announced in Reed. 1 The Alito Concurrence "I will not attempt to provide anything like a comprehensive list, but here are some rules that would not be content -based:" 2 249 REGULATIONS Rules regulating size "based on any content -neutral criteria, Rules regulating the locations in which signs may be placed DRules distinguishing between — "lighted and unlighted signs" "signs with fixed messages and electronic signs with messages that change" t ❑placement of signs on public and private property commercial and residential property Regulations • Rules distinguishing between on premises and off -premises signs" :. • Rules restricting the total number of signs per mile of roadway" • Rules imposing time restrictions on signs advertising a one-time event, 3 250 Section 956.15. - Regulations for temporary signs requiring permits. I Code of Ordinances... Page 1 of 4 Section 956.15. - Regulations for temporary signs requiring permits. % ED 66, The requirements of this section apply to temporary signs erected for political campaigns and for special events. For purposes of this section, special event signs are temporary signs announcing special events to be sponsored by a charitable, educational, or religious institution, or a commercial entity. Said temporary signs shall require issuance of a permit by the code enforcement official, except as otherwise specified herein. Prior to the placement of any of the described temporary signs all relevant provisions of this chapter shall be satisfied. (1) Sign permit required. Except for a free expression sign posted by an owner on his or her property, no temporary political campaign sign or special event sign shall be displayed in the unincorporated area of Indian River County unless a county sign permit has been obtained subject to the provisions of this section. A single overall sign permit may be obtainedfor placement of more than one (1) temporary sign, including multiple signs displayed as part of a countywide campaign or advertisement of a special event. No more than twenty (20) signs shall be displayed in the unincorporated county for a special event. For political campaigns, there is no limit on the total number of signs displayed in the unincorporated county when such signs are otherwise displayed in compliance with the requirements of this section. (2) Application. The applicant shall submit a written application on a form to be provided by the code enforcement official which stipulates the conditions under which the temporary sign(s) are being requested. In addition to sign application information required pursuant to section 956.05, the application should include the following: (a) Nature of the temporary sign(s). If the temporary sign(s) relate to a special event, include the location of the special event and daily schedule of activities; (b) Duration of special event or campaign. Include dates of commencement and termination of the special event or political campaign; (c) Sign distribution. Include the proposed distribution of signage and such other information as the county may require to ensure consistency with the spirit, intent, and purpose of this chapter; (d) Responsible agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage. (3) 251 https://www2.municode.com/library/fl/indian_river_county/codes/code_of ordinances?nod... 6/1/2016 Section 956.15. - Regulations for temporary signs requiring permits. I Code of Ordinances... Page 2 of 4 Duration of sign display restricted. Temporary special event signs may be erected for a period of time not to exceed seven (7) calendar days within any six-month period. Temporary signs associated with a Temporary Use Permit issued under County Code Chapter 972, Temporary Uses, may be erected for a period of time concurrent with the timeframe of the approved event. Temporary political campaign signs may be displayed no more than ninety (90) days prior to the election in which the candidate's name or the issue will appear. Any unopposed candidate in the first primary who will face opposition in the following general election may erect temporary political signs ninety (90) days prior to the first primary, notwithstanding the fact that the candidate's name will not appear on the first primary ballot. (4) Temporarysigns in residential districts. Temporary signs for political campaigns or special events are allowed in residential districts, as defined in Chapter 901. Definitions, subject to the following provisions: (a) One (1) sign per special event, candidate or issue is allowed per lot or parcel of land. The allowable signage shall not exceed nine (9) square feet dK per sign O YJb) Signs shall not be illuminated and shall be freestanding; O K(c) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height. (5) Temporarysigns in nonresidential districts. Temporary signs for political campaigns or special events are allowed in nonresidential zoning districts subject to the following provisions: (a) One (1) sign per special event, candidate or issue is allowed per lot or parcel of land. The allowable signage shall not exceed (16) square feet per, 04' sem; p Pb) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height. (6) Compliance with conditions of sign(s) placement and removal. The applicant shall place signs in a manner consistent with the terms of county sign regulations and remove the same pursuant to the schedule approved as a condition of permit approved. In addition, the applicant shall agree to conditions necessary to ensure that potential issues identified by the county shall be effectively managed in order to promote the public safety, avoid excessive proliferation of signage, and protect the economic and business climate and appearance of the community. Concerning the placement and removal of temporary political campaign and special event signs, the following shall apply: (a) All temporary signs must be removed within five (5) days after the special event or, regarding political campaign signs, after the election in which the candidate is eliminated or elected or after the resolution of the respective issues by referendum; orb) The placement of temporary signs upon any tree, utility pole, or similar 252 https://www2.municode.com/library/fl/indian_river_county/codes/code_of ordinances?nod.... 6/1/2016 Section 956.15. - Regulations for temporary signs requiring permits. I Code of Ordinances... Page 3 of 4 object is prohibited; C> r -(c) The placement of any temporary sign without permission of the owner of the property upon which the sign is placed is prohibited; (d) The placement of any temporary sign in a public or private road right-of- way is prohibited; however, the public works department may approve placement of temporary traffic/directional signs within rights-of-way in accordance with subsection 956.11(2)(b). For purposes of this regulation, the road right-of-way line shall be deemed to be the edge of sidewalks or utility poles furthest from the road. Where no such structure(s) are present, the right-of-way line shall be deemed to be twenty (20) feet back from the near edge of roadway pavement or, if unpaved, the near edge of unpaved roadbed surface. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 22, 5-31-95; Ord. No. 98-9, § 3C, 5-19-98; Ord. No. 2012-030, § 4, 7-10-12) Section 956.15.1. - Regulations for active subdivision or real estate development signs. % E3 i On -premise active subdivision or real estate development signs may be erected subject to compliance with the following conditions in addition to other applicable provisions of the sign ordinance. These signs are not subject to subsection 956.11(2)(h), "Real Estate For Sale, Lease, or Rental Signs." C41) Character of sign. Such signs shall not exceed forty-eight (48) square feet GeocrIl- except in single-family residential districts where they shall not exceed twenty- four (24) square feet for model homes and sales offices only. One (1) additional sign may be erected on a site having a street frontage in excess of three hundred (300) feet. Such sign must be located on the premises of the developing project or subdivision, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. C) y(, (2) Number of signs permitted. Only one (1) such sign shall be permitted for each common roadway along the perimeter of the development. Such sign must be located on the premises of the development, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. 0 Y,� (3) Filing of plat and/or site plan. Prior to the erection of such a sign, an approved preliminary plat or a site plan for the development, as applicable, shall be placed on file with the community development department. (4) Authorization for sign placement. Only the exclusive agent of the developer or owner of the property shall be authorized to place a sign on the property. The property owner's signed authorization consenting to the placement of a sign 253 https://www2.municode.com/library/fl/indian_river_county/codes/code_of ordinances?nod... 6/1/2016 Section 956.15. - Regulations for temporary signs requiring permits. I Code of Ordinances... Page 4 of 4 representing an exclusive real estate agent on such premises shall be filed with the community development department prior to the placement of the agent's sign. (5) Time limitation. Active subdivision or real estate development signs shall be removed once fifty (50) percent of the subdivision or development is sold or leased by the developer. (Ord. No. 98-9, § 3D, 5-19-98; Ord. No. 2012-030, § 5, 7-10-12) 254 https://www2.municode.com/library/f /indian_river county/codes/code_of ordinances?nod... 6/1/2016 June 21, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 15, 2016 SUBJECT: Maintenance Issues of Private Culverts Crossing the Public Right -of -Way FROM: Tim Zorc Commissioner, District 3 Discussion Item: Due to the amount of heavy rainfalls Indian River County has experienced in the past few months, it has come to my attention that there are many culverts that are experiencing total failures or that are in great need of repair to make them work properly. Many of these culverts were constructed as part of private developments, but they cross the public rights-of-way, often impacting the integrity of the public roads and sidewalks they lie beneath. I would like to discuss the means and measures on how to address ways to provide assistance to maintain the private systems to assure that the public rights-of-way are not affected by their failure. 255 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator FROM: John King, Director1 Department of Emer nc Services DATE: June 8, 2016 SUBJECT: Work Order No. 1 for Fire -Rescue Station 15 and Request to Purchase Fire -Rescue Apparatus in the FY- 2016/17 Capital Improvement Element It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On February 9, 2016, the Board considered moving the temporary use modular building currently located behind Fire -Rescue Station 1 (1500 Old Dixie Highway, Vero Beach) to an area near the North County Aquatic Center (9450 CR 512, Sebastian) for a future fire -rescue station, once renovations to Station 1 were complete. As you recall, staff was directed to look into relocating the modular building onto the state park lands after securing proper authorization, with a projected opening in October 2016. Staff was further directed to provide a summary of costs for personnel and equipment for an ALS engine. During this discussion, the Board understood the station would initially open with a reserve fire engine, and a new fire engine would be ordered with a delivery date in 2017. In his memorandum dated February 15, 2016, Budget Director Jason Brown provided the Commissioners with a summary of operating costs and the projected millage rate increases for a five- year period related to opening the new fire -rescue station (referred to in the memorandum as Station 15). In the weeks following, the County Attorney's Office and Community Development sent a request to the Florida Department of Environmental Protection (FDEP) to amend the Land Use Plan for the North County Regional Park allowing a temporary fire -rescue station at that location. As part of this effort, it was also agreed that upon termination of the temporary fire -rescue station the modular building would be transferred as an asset to the County Recreation Department and remain in that location for their use. The County has now received notice the FDEP has reviewed and approved the amended Land Use Plan. The Board will recall, Barth Construction Inc., was awarded the Professional Design/Build contract for Station 1, including the installation of the modular building at that location. Staff is 256 recommending approval of Work Order No. 1 with Barth Construction for design and preconstruction work related to relocating the modular building to the approved location at the North County Aquatic Center. The Board is also aware of the protracted delivery time, approximately eleven months, for new and replacement fire -rescue apparatus. Given this, staff is also seeking Board approval to order the new fire engine for Station 15 and the other replacement apparatus contained in the Capital Improvement Element (CIE) the Board adopted on December 1, 2015. As part of the five-year apparatus catch-up plan, the scheduled vehicles include one quint, two ambulances and one brush truck. This equipment is funded by a mix of Emergency Services District (ESD) and One Cent Sales Tax. Recently, the ESD has experienced a reduction in fund balance. In order to reduce financial strain on the ESD, staff is recommending additional funding from the One Cent Sales Tax for the capital catch-up, as shown below. FUNDING: Item . Amount Account Number Station 15, Work Order No. l $ 17,578 11412022-033190-16026 Fire -Pum dr Sta. 15 $ 511,200 11412022-066420 Ambulance -Med Unit 291,200 11412022-066420 ESD subtotal_ • : • - $ 802,400 Quint Fire Apparatus) $-806,200 31512022-066420 Ambulance -Med -Unit ° 291,200 31512022-066420 Brush Truck 231,200 31512022-066420 One Cent Sales Tax Subtotal $1,328,600 APPARATUS TOTAL $2,148,578 RECOMMENDATION: Staff recommends approval of Work Order No 1 for design and preconstruction work related to relocating the modular building from Fire -Rescue Station 1 to Station 15. Staff further recommends authorization to order the fire -rescue apparatus listed in the approved FY -2016/17 CIE. ATTACHMENTS: 1. Work Order No. 1 2. Board adopted CIE for Emergency Services 3. Memorandum dated February 15, 2016 from Budget Director Jason Brown 257 APPROVED FOR AGENDA FOR: June 21, 2016 BY: Ay"d Joseh A. Baird County Administrator Indian River County A ved Date Administrator Legal `.IS•((, Budget ^, / v1 6�S'•l Risk Management Department NJ MI -11 '111BARTH Construction, Inc. General Contractor CGCO07847 June 6, 2016 John King Indian River County Emergency Services 4225 43 rd Avenue Vero Beach, Florida, 32960 Re: Station # 15 Mr. King, We are pleased to present to you our proposal for the design and preconstruction work for the Station #15 temporary site in the amount of S17,578.00. This proposal includes design services to obtain an IRC Temporary Use Permit for the site. Also included is the cost to. The balance of the construction costs including all grading, paving and connection of all utilities will be included in a forthcoming proposal. This proposal is further clarified on the attached. Thank you ason Fykes ( Barth Construction, Inc. 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (772) 778-3072 * Fax: (772) 770-3017 E-mail: info�cbbarthconstruction.com * Internet: www.barthconstruction.com H:\Current Projects\IRC Fire Stations 20111IRC Station #151IRC Station 15 Preconstruction proposal 6.06.16.docx 259 91kBARTH Construction, Inc. PROGRAMNIING, BUILDING CODE & DESIGN REVIEW, and PRECONSTRUCTIONS SERVICES Project: Indian River County EMS Fire Station # 7- Site Plan months 0 wks ... 1. ...... Labor TOTAL. . CODE DESCRIPTION TY JUNrrj Unit LABOR. 1. Unit j MATERIALS . SUB.. Includes . ._j , ,: 'CostCost No Tax ... BID Tax (7-/e) . . Deisgn Builder Design Build Executive Phil Barth 2 Hrs 150 300 0 0 0 300 Estimator/ftiect mane Jason kes 60 Hrs 100 6,000 0 0 0 6000 Superintendent 0 Hra 75 0 :.0 0 ....0 Clerical 18 Hrs 45 810 0 0 0 810 Architectural. MEP & Struct Services Proa Data 1 LS 0 Schematic Design Phase 1 LS 0 Design Development Phase 1 LS 0 I LS 0 1 LS 11- 0 Civil Design & Permitin 1 LS 0 0.1 9450 9450 Landscape & Ini tion Design 77 0 0 0 0 Su ry -By Owner IS - 0 . 0 0 Soil Borings/Foundation Report 1 IS - 0 0 0 0 FPL Deissa & Fees LS 0 0 750 750 Forensic Demolition 1 IS 0 0' 0 0 Document Reproduction/Printing 1 600 1 ea I 1 0 1 1 1 2501 0 1 268 Shipping is 1 0 0 1 0 1 .0 Miscellaneous Building Pad for Trailer 1 LS 0 0 1 0 1 10 Contin c 10% total 1 0 0 0 0 0 Davis Bacon Compliance Total 7110 ... •250.. 1%l0d., ... 17,57 tJ ON CARTER L SSOCINrES, INC. CONSULTING ENGINEERS MD LAND SURVEYORS 1705 21st STREET - VERO REACII, FLORIDA 32960.3472 - 772-W-1191 - 772-562-7190 (FAX) 101IN II. BLUR{. P.E., PRINCIPAL DAVID E. LUETHJE, P.S.M., PRINCIPAL. GEOROr•. A. SIhJONS. P.E., PRINCIPAL. PATRICK S. WALTHER. P.E.. PRINCIPAL MARVIN r•_ CARTER. P.S.U. Cunsuham tot1u Firm DEAN F. LUETFUE P.E—i- — Cmuhant to the Firm June 3, 2016 Mr. Jason Fykes Barth Construction, Inc. 1717 Indian River Blvd Suite 202A Vero Beach, Florida 32960 RE Civil Engineering Services Agreement IRC Fire.Station #15 Site Plan & Utilities for Temporary Housing Dear Jason: FRANK S. CUCCURESG, P.S.M. CLINTON J. RAIIJES, P.E STEVE D. SNOBE•RGER, P.G. We are pleased to present this proposed agreement to provide civil engineering services relative to the above referenced project. The following describes our proposed scope of work and terms of agreement between Carter Associates, Inc, (CAI) and Barth Construction, In. (CLIENT): CAI services will include the following: ® Research availability of utilities/drairlage; and meet with Indian River County to confirm proposed project is allowable in the North Regional Park zoning district. • Prepare a dimensional site plan showing the location of the temporary trailer and associated parking meeting the requirements of Indian River County Code and submit for Pre -Application conference. ® Depict utility connections to approved and accepted "water, sewer, and electric facilities. 0 Demonstrate runoff from proposed project to be collected and treated in existing approved stormwater system. ® Prepare "code minimum" landscape plan. • Prepare applications and submit to Indian River County for Minor Site Plan approval. e Attend Technical Review Committee (TRC) meeting and provide appropriate responses to departmental continents. Obtain Indian River County Utility, SWMS, and ROW permits, if needed. • Review shop drawings and project submittals. Provide inspection services for installation of fire main, water service, and sanitary sewer service. The above referenced tasks can be performed not to exceed the estimated amount of $9,450.00. If additional services are required outside this scope, then separate authorization will be required, ServiJTg Florida N;IJHBIPROPOSALIBanh-FireStaiicnl5.doc Page 1 of 3 1 1 IL ASince 1911 C016 by CAI 261! CARTER ASSOCIATES, INC. JUNE 2016 RATE SCHEDULE Engineer I (Registered - Principal) $150.00/hr Engineer (Registered - Senior Consultant) $140.00/11•. Engineer I (Registered) $140.00/hr. Engineer II (Registered) $125.00/hr. Engineer III - EIT $100.00/hr. Engineer Technician (Senior) $105.00/hr. Engineer Technician $ 85.00/11•. Surveyor I (Registered - Principal) $150.00/11•. Surveyor (Registered - Senior Consultant) $140.00/hr. Surveyor II (Registered) $125.00/11•. Sul veyor III (Registered) $100.00/hr. Survey Crew (4 Men) $143.00/hr. Survey Crew (3 Men) $130.00/hr. Survey Crew (2 Men) $120.00/hr. GPS RTK Survey Crew (3 Men) $150.00/hr. GPS RTK Survey Crew (2 Men) $135.00/lu% CARD Technician 1 $ 80.00/hr. CARD Technician ll $ 70.00/hr. Secretary/Word Processor $ 45.00/11•. Inspector $ 62.00/hr. Recording and Permit Fees Cost + 10% Materials Cost Mileage $0.505/mile Sub -consultants Cost + 10% Reimbursable Expenses: Postage, Long Distance Calls, Federal Express, etc. Cost Blueprints $0.25/S.F. Mylar $1.75/S.F. Photocopy (8.5" x 11") $0.15/ea. Photocopy (8.5" x 14") $0.25/ea. Photocopy (11" x 17") $0.35/ea. These fees shall be renegotiated on an annual basis N:UHB%PROPOSAL%Barth-Fire$Wffonl5.dos 01—Alshce 5��110iicia Page 3 of 3 IJI I 02016 by CAI 262 Comprehensive Plan Capital Improvements Element V Piriority, Riuldnig �A- Fully Pilo 5'm /14.. _�VV!20 FY ',!�"F Eipendibres FK 2�;S` 2017/18 -V 0111149, .-I. - - tWOL %-%M--w4 % � RevendeSource �u�'ild? U4*40i pri.r4y Emergency Svcs. Station I Renovation $1,500,000 $o $0 $0 $0 $1,500,000 Emergency Services Dist Yes Emergency Svcs. Station 14 - Additional Total Revenue $o $1,375,000 $0 $0 $0 $1,375,000 Emergency Services Dist Yes 2 Emergency Svcs. Station 14 - Additional $5,720,000 $0 $1,025,000 $o $0 $0 $1,025,000 Impact Fees Yes 2 Emergency Svcs. Station 15 - Additional $325,000 $o $0 $0 $o $675,000 $675,000 Impact Fees Yes 5 Emergency Svcs. Station 15 - Additional 'Ambulance $0 $o $o $0 $1,725,000 5I,725,000 Emergency Services Dist Yes 5 - Med Unit (Addition) $0 $0 $0 $245,000 $245,000 $490,000 Optional Sales Tax Yes 2,4 Ambulance - Med Unit (Replacement) $o $245,000 $500,000 $o $250,000 $995,000 Emergency Services Dist Yes 3 Ambulance - Med Unit (Replacement) 'Fire $480,000 $245,000 $0 $0 $250,000 $975,000 Optional Sales Tax Yes 2 Pumper (Addition) $o $505,000 $0 $0 $505,000 $1,010,000 Optional Sales Tax Yes 2 Fire pumper (Replacement) $505,000 $o $0 $0 $0 $505,000 Optional Sales Tax Yes I Fire Pumper (Replacement) $0 $o $535,000 $o $0 $535,000 Emergency Services Dist Yes 3 One Quint (Fire Apparatus) Replacement $0 $800,000 $0 $0 $o $800,000 Emergency Services Dist Yes 2 Refurbish Ladder $0 $o $400,000 $0 $0 $400,000 Emergency Services Dist Yes 3 Emergency Services Station 7 Property $0 $0 $o $1,000,000 $0 $1,000,000 Emergency Services Dist Yes 4 I-mergcncy Services Station 7 Construction $0 $0 $0 $0 $2,500,000 $2,500,000 Emergency Services Dist Yes 5 BrusbTruck $250,000 $225,000 $225,000 $225,000 $225,000 $1,150,000 Emergency Services Dist Yes 1 800 MHz- Upgrade for P25 compliance $1,000,000 $1,300,000 $1,600,000 $o $1,500,000 $5,400,000 Optional Sales Tax Yes lTotal Expenditures 1 $3,735,0001 $5,720,0001 $3,260,0001 $1,470,0001 $7,875,0001 $22,060,0001 Community Development Department Adopted December 1, 2015, Ordinance 2015-017 Page A-2 4., -'17 ;Conipikriwo,of•,Eipi_nditurek(e.Rii,�enife,.'P-) :AM265/16 FY266/FX2647A8 ,'F'Y'L2Q 19/20.,', Total Revenue $4,185,000 $4,970,000 $3,560,000 $1,795,000 $7,550.000 $22,060,000 Total Expenditures $3,735,000 $5,720,000 $3,260,000 51,470,000 $7,875,000 $22,-060,000 Annual Balance $450,000 -$750,000 5300,000 $325,000 -$325,000 $o Community Development Department Adopted December 1, 2015, Ordinance 2015-017 Page A-2 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: , February 15, 2016 SUBJECT: Relocation of Modular Building form Station 1 to CR 512 area near North County Park FROM: Jason E. Brown Director, Management & Budget Background On February 9, 2016, the Board of County Commissioners considered moving the modular unit currently located at Station 1 to an area near the North County Aquatic Center once renovations at Station 1 are completed. During this discussion, the Board requested that staff provide information regarding the cost to move, equip, and provide services at this location. This memo is intended to provide the necessary financial information to enable a decision on services at the location being considered. Operating Costs Staff has prepared cost estimates for annual operating expenses to staff an ALS Engine only as well as a Full Complement (Engine and Ambulance). Both options were discussed at the meeting on February 9', so costs have been provided for each to facilitate a final decision. It should also be noted that if this location receives an ALS Engine only at first, an ambulance will likely be added at some point in the future. Table 1 — Summary of OnPrntinv Cnetc Item Description ALS Engine Only ALS Engine & Ambulance Salaries $686,377 $1,032,697 Benefits $355,385 $559,715 Total Salaries & Benefits $1,041,762 $1,592,412 Apparatus Operating $28,198 $53,153 Other Operating $268,614 $350,104 Total Operating Expenses $1,338,573 $1,995,669 Estimated Millage Increase % 5.3% 7.9% 264 The estimated annual operating cost of the ALS Engine only option is approximately $1.3 million per year as shown in Table 1 above. Please see Attachment 1 for additional detail. This would result in a millage increase of 5.3% based upon the current tax roll. It should be noted that the $1.3 million estimate does not include startup costs such as the purchase of apparatus, modular relocation, etc. These costs will be discussed in greater detail herein. For the Full Complement option (Engine and Ambulance), costs rise to about $2.0 million as shown in Table 1 (see Attachment 2 for additional detail). Once again, this amount does not include startup costs. This would require a millage rate increase of nearly 8.0%. Taxable Value Increase The taxable value within the Emergency Services District increased by 7.4% for the current fiscal year (countywide, the increase was 7.1 %). Staff anticipates another tax roll increase for next fiscal year. It is appropriate to evaluate whether the taxroll increase could fund the costs associated with the proposed additional station. The 7.4% taxroll increase this year provided an additional $1.6 million in revenue at the same millage rate. While property values appear to continue climbing, staff does not recommend planning for such substantial increases going forward. A more reasonable assumption would be a 5.0% taxroll increase, which would provide an additional $1,260,000 at the current millage rate. For the current year, raises increased costs by about $900,000. The County and the IAFF are just beginning negotiations for next year's contract, so the cost of raises for fiscal year 2016/17 is unknown at this time. Additionally, the District will see an increase of about $200,000 to continue on the planned five-year capital catch-up program previously approved by the Board. Further, the County will need to make significant adjustments to the health insurance plan to reduce the losses currently being experience. This will likely have a large impact on the Emergency Services District. The additional costs listed above would leave little room to fund costs for the new station without the need for a millage rate increase. Startup & Location/Relocation Costs The cost to relocate the existing modular could be substantial. Staff has obtained a quote from the original vendor to relocate the unit, which includes the cost to replace/rebuild the skirting, stairs, and ADA compliant ramps, landings and handrails at a cost of $24,781. In addition to these costs, the County will have to pay for any necessary site work including storm water retention, parking, and utility connections. Staff estimates that these costs could reach $300,000 depending upon requirements of the site to be used. These expenditures will be funded from the Emergency Services District. Staff has considered the use of Optional Sales Tax and Impact Fees for these costs; however, in both cases capital improvements must have a• five-year life expectancy. Therefore, staff does not recommend the use of Optional Sales Tax or Impact Fees for these costs. The Board provided general direction to staff to consider locating the modular at the North County Park property that the County currently leases from the State. County staff has reached out to the State to determine if the County could locate a fire station on the leased property on a temporary and/or permanent basis. We have not received a determination from the State whether this use would be allowable under our current lease agreement. In the event that this property is unavailable or not feasible, the County would need to acquire property in the general area. The cost of such property could be substantial. Furthermore, the need to acquire property could create a timing problem with relocation of the modular unit. 265 Additionally, the necessary apparatus for each option would need to be purchased. For the ALS Engine only option, this cost would be about $685,000. For the Full Complement options, apparatus costs rise to about $1,027,000. Staff has assumed the usage of Emergency Services District funds for these purchases. Optional Sales Tax would be another potential revenue source. Staff recommends that the County move forward with apparatus purchases as soon as possible if a final decision is made to add this service location. It should be noted that the County has waited over a year for some apparatus orders recently. Staff has concerns about opening a new location with a reserve unit or units due to ongoing concerns about the age of our current fleet. This action would delay the update of our fleet in accordance with the five-year catch up plan approved February 18, 2014. It may be advisable to plan the opening of this station at a time closer to the anticipated arrival of the new unit(s) once ordered. Five -Year Budget Proiection Staff has included the anticipated costs for each option (ALS Engine Only & Full Complement) in a five-year budget projection (See Attachments 3 and 4). These projects carry several assumptions, some of which are listed below (other assumptions are noted in the attachments): 1. Opening CR 512 location on October 1, 2016 (both options) 2. Construction of Station 14 near the SR 60 corridor during FY 2016/17 per the approved Capital Improvements Plan with service beginning on October 1, 2017. 3. Taxroll increase of 5.0% for FY 2016/17 reducing to 4.0% in FY 2017/18 and 3.0% per year thereafter. 4. Station 15 relocation costs funded from the Emergency Services District. 5. Continued funding of the five-year apparatus catch up program approved by the Board on February 18, 2014. 6. Ability to use the land leased from the State as no land acquisition costs are included. 7. Construction of additional station in FY 2019/20 as currently included in Capital Improvements Plan. ALS Engine Only Option The ALS Engine Only option results in a 12.0% millage rate increase for FY 2016/17. This is greater than the 5.3% impact that is caused by operating expenses alone due to the need to fund various capital 'expenses from the Emergency Services District Fund. These costs include; $324,781 for relocation expenses, $500,000 for apparatus and startup capital, and a portion of construction costs ($1,375,000) for Station 14 that will not be covered from Impact Fee Funds. An additional millage increase of 1.0% is projected for FY 2017/18 to fund staffing costs for Station 14. It should be noted that this is less than the 7.9% increase for operating costs of a Full Complement due to the drop off in capital expenses from the previous fiscal year. In total, the cumulative increase over two years is 13.0%, which is similar to the cost of adding an ALS Engine (Station 15) and Full Complement (Station 14) location (13.2%). This would bring the projected millage rate to 2.5510, a cumulative increase of 48.8% from the millage rate in FY 2012/13 (1.7148). The millage rate is estimated to remain unchanged for FY 2018/19, and increase another 7.0% to accommodate construction of an additional station in FY 2019/20. Alternatively, this allocation may provide funding for construction of a permanent location for Station 15. It should be noted that the addition of Station 15 at this time could delay the need for the station construction currently included in FY 2019/20. Table 2 below summarizes the millage changes projected for this scenario. 266 Table 2 - Five -Year Millage Rate Projection ALS Engine Only - Station 15 Fiscal Year Projected Millage Rate % Increase from prior year FY 2015/16 (actual) 2.2551 13.9% FY 2016/17 2.5257 12.0% FY 2017/18 2.5510 1.0% FY 2018/19 2.5510 0.0% FY 2019/20 2.7296 7.0% Full Complement Option The Full Complement option results in a 15.0% millage rate increase for FY 2016/17. This is greater than the 7.9% impact that is caused by operating expenses alone due to the need to fund various capital expenses from the Emergency Services District Fund. These costs include; $324,781 for relocation expenses, $750,000 for apparatus and startup capital, and a portion of costs ($1,375,000) for Station 14 that will not be covered from Impact Fee Funds. An additional millage increase of 1.5% is projected for FY 2017/18 to fund staffing costs for Station 14. It should be noted that this is less than the 7.9% increase for operating costs of a Full Complement due to the drop off in capital expenses from the previous fiscal year. In total, the cumulative increase over two years is 16.5%, which is similar to the cost of adding a Full Complement at both locations (15.8%). This would bring the projected millage rate to 2.6326, a cumulative increase of 53.5% from the millage rate in FY 2012/13 (1.7148). The millage rate is estimated to remain unchanged for FY 2018/19, and increase another 7.0% to accommodate construction of an additional station in FY 2019/20. It should be noted that the addition of Station 15 at this time could delay the need for the station construction currently included in FY 2019/20. Alternatively, this allocation may provide funding for construction of a permanent location for Station 15. Table 3 below summarizes the millage changes projected for this scenario. Table 3 - Five -Year Millage Rate Projection Full Com lement - Station 15 Fiscal Year Projected Millage Rate % Increase from prior year FY 2015/16 (actual) 2.2551 13.9% FY 2016/17 2.5934 15.0% FY 2017/18 2.6323 1.5% FY 2018/19 2.6323 0.0% FY 2019/20 2.8166 7.0% 267 Summary In summary, the addition of services near CR 512/CR 510 (Station 15), followed by additional services at a location near the SR 60 corridor would result in a two-year millage rate increase of 13.0% of the ALS Engine Only option and 16.5% for the Full Complement option. This follows millage rate increase of 15.5% in FY 2013/14 and 13.9% in the current fiscal year. Over a five-year period (from FY 2012/13 to FY 2017/18), the millage rate would rise 48.8% for the ALS Engine Only option (53.5% for the Full Complement option). Once staff has received a determination form the State regarding authorization to place the modular unit on the current leased property at North County Park, an updated report will be provided to the Board of County Commissioners. Cc: Joseph A. Baird, County Administrator John King, Emergency Services Director Brian Burkeen, EMS Assistant Chief 268 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: June 13, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service& Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District'm Subject: Final Pay to Geosyntec for Work Order No. CCNA-2014-Work Order No. 2 Installation of New Groundwater Monitoring Well Clusters Project DESCRIPTIONS AND CONDITIONS: On January 6, 2016, the Florida Department of Environmental Protection issued,a 20 -year renewal permit with a specific condition that the Solid Waste Disposal District (SWDD) install two groundwater monitoring well clusters immediately down -gradient of the existing Cell 1 of the Segment 3 landfill within 90 days of issuance of the permit. On February 2, 2016, the SWDD Board approved Work Order No. 2 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $19,944 pursuant to an extension and amendment of the Continuing Contract Agreement for Professional Services between Indian River County Solid Waste Disposal District (SWDD) and Geosynetec dated November 4, 2014. The scope of work included the installation of two groundwater monitoring clusters and tasks as outlined in the scope of services. ANALYSIS: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $936.79. After final payment, the total amount paid to Geosyntec will be at the cost of $19,932.76 which is under budget. Attached is Geosyntec's project completion report describing in more details the services provided under this work order. FUNDING: Funding for the well installation services is available in the Engineering Services account in the SWDD Landfill Fund account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $555,000 for the 2015/2016 fiscal year. ACCOUNT NO.: Description Account Number Amount Installation New Groundwater Monitoring Well Clusters 41121734-033130 $936.79 SWDD Agenda - Final Pay Geosyntec WO CCNA-2014-WO No. 2 No. 2 Page 1 of 2 _269 RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice amount of $936.79. ATTACHMENT(s): 1. Geosyntec Project Completion Report & Final Invoice By: A. Baird, County Administrator June 21, 2016 Date SWDD Agenda - Final Pay Geosyntec WO CCNA-2014-WO No. 2 No. 2 Indian River Co. Ap ed Date Administration Legal Budget Q&MO SWDD (s SWDD-Finance Page 2 of 2 270 Geosyntec® consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 Rived by S .1 UN' 0 7 20116 Indian River County Landfin 1200 Riverplace Blvd, Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 www.eeosyntec.com 6 June 2016 Subject: Project Completion Report IRC — Installation of New Groundwater Monitoring Well Clusters Project IRC Work Authorization No. CCNA-2014-Work Order No. 2 Indian River County Landfill Facility Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL2766 — Installation of New Groundwater Monitoring Well Clusters for the Class I Landfill at the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2014-WO No. 2 authorized on February 2, 2016, pursuant to the Extension and Amendment of the Continuing Contract Agreement for Professional Services between Indian River County, Solid Waste Disposal District (SWDD) and Geosyntec, dated November 4, 2014. This report has been prepared as a supplement to our final invoice No. 12164052, dated 16 May 2016. SCOPE OF. WORK The scope of work authorized under Work Order No. CCNA-2014-WO No. 2 installation of two groundwater monitoring well clusters (MW -45 and MW -46) immediately east of Cell 1 of the Segment 3 Expansion, survey of the wells, and preparation and submittal of well completion report to the Florida Department of Environmental Protection (FDEP) and SWDD, and project management and coordination activities. The following is a summary of the work that Geosyntec performed under this Work Order. FL2766-01/JL16028A Proicct Completion Report engineers 1 scientists I innovators 271 Mr. Himanshu Mehta, P.E. 6 June 2016 Page 2 Geosyntec had a kick-off meeting with SWDD to initiate the project on 9 February 2016, sent a notification letter to FDEP, and coordinated with subcontractors for the installation of the new groundwater monitoring well clusters. The well clusters were installed by Environmental Drilling Services, Inc. during the week of February 15, 2016 and surveyed in March by Peavey and Associates in March 2016. Geosyntec completed and submitted the summary report to FDEP and SWDD on 13 April 2016. Geosyntec also performed project planning and management responsibilities, such as communications and correspondences with FDEP, SWDD, and subcontractors; project coordination; and project administration, including invoicing. BUDGET The approved budget for Work Order No. CCNA-2014-WO 2 was $19,944.00. The total invoiced amount, including the final invoice is $19,932.76. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (904) 858-1818. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer FI.2766-01B1.1602M Pro Ogg Completion Report engineers I scientists I innovators 272 Geosyntec cl consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 JUN 0 7 2016 Iridian Rivar County Landfill 6 June 2016 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 r11 904 858 1818 FA`C 904.396 1143 «��w.ecos}�ntec.wm Subject: Project Management Report and Transmittal of Invoice No. 12164052 IRC — Installation of New Groundwater Monitoring Well Clusters Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the installation of new groundwater monitoring well clusters for the Class I landfill at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 30 April 2016. Table I provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosvntec's Project No. FL2766: Installation of New Groundwater Monitoring Well Clusters for the Class I Landfill — Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2014-Work Order No. 2) Budget Overview Invoice No. 12164052 (enclosed) dated 16 May 2016 for $936.79 is the 3' invoice for Project No. FL2766. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $ 19,944.00 Invoiced Amount: $ 19,932.76 Remaining Budget $ 11.24 Geosyntec is within the budget appropriated for this project. FL2766-01\FL2766 JL16028 Revised.doc eaginr I v:iPnjl-gjs, I irmmon rc 273 Mr. Himanshu H. Mehta, P.E. 6 June 2016 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include preparation and submittal of the completion report to FDEP and SWDD; project administration, including communications with SWDD, FDEP and subcontractors; and project management, including invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: Labor indicated as professional services ($909.50) is associated with preparation and submittal of the completion report and project administration, including invoicing. • Other expenses are associated with communications fee ($27.29). ONGOING WORK None RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.858.1818. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E Principal Engineer Enclosure —Invoice No. 12164052 FL2766-011FL2766 JL16028 Reviseddoc e i*eels I wiettzticcs I hwomhm 274 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number 2766 IRC — Installation of New Groundwater Monitoring Well Clusters Geosyntec, Project Number/IRC Work Authorization Number _. Invoice No. Invoice Date Amount FL2766/CCNA-2014-WO2 12164029 03/14/2016 $14,587.46 12164038 04/07/2016 $4,408.51 12164052 05/16/2016 $936.79 TOTAL $19,932.76 FL2766-0I\FL2766 JLI6028 Revised.doc 275 Geosyntec� consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants Revised 900 Broken Sound Parkway NW, Suite 200 Boca Raton. Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995.0925 Invoice #: 12164052 Invoice Date: 5/16/2016 Project: FL2766 Project Name: IRC INSTALLATION OF NEW Current Invoice GWM WELLS For Professional Services Rendered through transaction date: 4/30/2016-FL2766.01) INSTALLATION OF GWM IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU-TWENEBOAH AT 904858-1818. CCNA-2014-WO NO. 2 Professional Services 3.0% Communication Fee Current Invoice **Amount Due This Invoice ** $909.50 $27.29 ------------------- $936.79 $936.79 Statement Prior Billings $18,995.97 Project Budget $19,944.00 Current Invoice $936.79 Expended to Date $19,932.76 Billed To Date $19,932.76 Contract Balance $11.24 Paid To Date $18,995 97 **Amount Due This Invoice ** ' $936.79 276 Project: FL2766 -- IRC INSTALLATION OF NEW GWM WELLS Invoice # :12164052 1.00 Phase: 01) INSTALLATION OF GWM 132.00 Total: PROFESSIONAL Class/ Employee Name Date Hours Rate Amount PROJECT ADMINISTRATOR TERPSTRA, TORI 04/05/2016 0.25 92.00 23.00 04/07/2016 0.25 92.00 23.00 Total: PROJECT ADMINISTRATOR 0.50 46.00/ PROFESSIONAL MIJARES, RAMIL 04/12/2016 1.00 132.00 132.00 Total: PROFESSIONAL 1.00 132.00- 32.00PRINCIPAL PRINCIPAL BADU-TWENEBOAH, KWASI 04/07/2016 0.50 209.00 104.50,,' 04/12/2016 1.50 209.00 313.50/ 04/13/2016 1.50 209.00 313.50/ Total: PRINCIPAL 3.50 731.50,- 31.50Total TotalPhase: 01) INSTALLATION OF GWM Phase Labor 909.50 3.0% Communication Fee 27.29 Total Project Labor 909.50 3.0% Communication Fee 27.29 Total Project: FL2766 -- IRC INSTALLATION OF NEW GWM WELLS 936.79 i 11 0 INCPMGEOPH Page 1 277 INDIAN RIVER COUNTY „Rig rRc� SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: June 13, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 1"n• Subject: Final Pay to SCS Engineers for Work Order No. 1 for HHW and E -Waste Bids DESCRIPTIONS AND CONDITIONS: On July 14, 2015, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 1 to SCS Engineers in the amount of $9,750 pursuant to an extension and amendment of the Continuing Contract Agreement for Professional Services between Indian River County Solid Waste Disposal District (SWDD) and Geosynetec dated November 4, 2014. SCS Engineers developed specifications for a bid package and were asked to evaluate bid responses on collection, transportation, and proper disposal of household hazardous waste (HHW) and electronic waste (E -Waste) discarded by residents at the Customer Convenience Centers and Landfill. On January 4, 2016, SWDD issued Bid No. 2016022 for the solicitation of sealed bids for the collection of household hazardous waste (HHW) and E -Waste from the landfill and received a single bid response on February 4, 2016. On March 8, 2016, the SWDD Board rejected the bid and authorized staff to re -bid the services separately with updated estimated quantities. SCS Engineers assisted with the separation of the items into two separate bid documents that are being finalized by staff for procurement. ANALYSIS: SCS Engineers has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $750.00. Attached is the letter report from SCS Engineers describing in more detail the services provided under this work order. FUNDING: Funding for the Solid Waste Procurement Services is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $555,000 for the 2015/2016 fiscal year. SWDD Agenda - Final Pay for WO No 1 to SCS Engineers HHW and E -Waste Bids Page 1 of 2 278 ACCOUNT NO.: Description Account Number Amount Engineering Services 41121734-033130 $750.00 RECOMMENDATION: SWDD staff recommends that its Board approve SCS's final invoice amount of $750.00. ATTACHMENT(s): 1. SCS Engineers Project Completion Report & Final Invoice APPROVED FOR AGENDA: By: Jose e A. Baird, ounty Administrator F . June 21, 2016 Date Indian River Co. AP)1101ved Date Administration 11P Legal LhAte. Budget SWDD SWDD -Finance CIA gV SWDD Agenda - Final Pay for WO No 1 to SCS Engineers HHW and E -Waste Bids Page 2 of 2 279 Environmental Consultants and Contractors June 9, 2016 File Nos. 9215129.01 MEMORANDUM 4041 Park Oaks Blvd. 813 621-0080 Suite 100 FAX 813 623-6757 Tampa, FL 33610-9501 www scsengineers com TO: Himanshu Mehta, PE, Indian River County Solid Waste Disposal District Indian River County Landfill 1325 74th Ave. SW Vero Beach, Florida 32968 FROM: Marc Rogoff, Ph. D. SUBJECT: Request for Final Payment Invitation for Bid, Collection of Household Hazardous Waste and E -Waste Mr. Mehta: SCS Engineers is pleased to submit this request for final payment for project number 9215129.01, related to the Invitation for Bid, Collection of Household Hazardous Waste and E - Waste. SCS Engineers completed the following tasks in relation to this task order: • Summarized current quantities of HHW and E -Waste generated and disposed by the County with existing vendors. • Coordinating with District staff and Purchasing Division on the format of the Invitation for Bid. • Reviewed submittals on initial vendor responses. • Prepared revisions to the two revised Invitation for Bids. • Continued coordination with the County. SCS Engineers is pleased to work with Indian River Countyon this important project. Please call us if you have any questions or need additional information. Sincerely, Marc J. Rogoff, Ph.D. Project Director SCS ENGINEERS Offices Nationwide 0 280 Invoice Mr. Himanshu Mehta Indian River County SW Disposal District 1325 74th Avenue SW Vero Beach, FL 32968 Household Hazardous Waste Bid Services WO #1 4041 Park Oaks Blvd. Suite 100 Tampa, FL 33610-9501 813 621-0080 FAX 813 623-6757 www.scsengineers.com Remit to: SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach, CA 90806-6816 Tax ID No: 54-0913440 March 31, 2016 Project No: 09215129.01 Invoice No: 0276106 Professional Services from March 01 2016 to March 31 2016 Fee Percent Billing Phase Fee Complete Earned Development of Technical 8,250.00 100.00 8,250.00 Specifications Assistance During Bid 1,500.00 100.00 1,500.00 Evaluation Total Fee 9,750.00 9,750.00 Previous 9,000.00 RWA!Ved by SMD Fee Billing Current Fee 750.00 Billing APR 15 2016 Total Fee IMbn RkW CaLft Total this Involve Thank you. Lane= 0 0 750.00 $750.00 281 1 n 11 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM EMERGENCY ADDITION JUNE 21, 2016 Solid Waste Disposal District 15133 Date: June 17, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services �f Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District•• Subject: Fourth of July Landfill and CCC Closure and Collection Service Changes PUBLIC ANNOUNCEMENT: The Indian River County Landfill and the five Customer Convenience Centers will be closed on Monday, July 4, 2016. Due to this closure, the following collection changes will occur: Location Garbage Services Recycling Services Unincorporated Garbage services will be shifted by one day Budget IRC all week. For example, if you are a Monday customer then you will be serviced on b b 20 City of Fellsmere SWDD -Finance Tuesday. If you are a Friday customer, you Recycling will be shifted will be serviced on Saturday. by one day. For example, f you area Monday t customer then you will be City of iSebastian Customers scheduled for Monday, July 4 will r be serviced Wednesday, July 6. There will be serviced Tuesday. If NO yard waste pick up. you are a Friday The Town of No changes customer, you will be Orchid serviced on Saturday. City of Vero Beach Garbage will be serviced on your next scheduled service day. Indian River No changes Shores APPROVED FOR AGENDA: By: /Y •�� Jose A. Baird, County Administrator ® F June 21, 2016 Date SWDD Agenda - 4th of July Closure & Collection Service Changes2 Indian River Co. Approved Date Administration aQ Legal Budget SWDD b b 20 lb SWDD -Finance hk Page 1 of 1 N 00 �� Fourth of July ` £ Gerhene and Recycling Notifications �(A The 5 Customer Convenience Centers and the Main County Landfill will be CLOSED on Monday, July 4th. They will return to their normally scheduled hours on Tuesday July, 51n There will be no residential curbside services for recycling, garbage, or yard waste on Monday, July 4th.