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12/09/2014 (2)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 9, 2014 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc District 1 District 5 District 2 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Excess Fee Distribution by Carole Jean Jordan, Indian'River County Tax Collector PAGE 1-2 December 9, 2014 Page 1 of 7 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resignation of Mr. George O'Malley to the Tourist Development Council (TDC) (memorandum dated December 1, 2014) PAGE 3-4 B. Treasure Coast Regional Planning Council Appointees for 2015 (memorandum dated December 3, 2014) 5-7 8. CONSENT AGENDA A. Approval of Warrants — November 21, 2014 to November 27, 2014 (memorandum dated November 25, 2014) 8-14 B. Dori Slosberg Driver Education Safety Act — Indian River County Traffic Education Program Trust Fund Report — Cumulative Reporting Through 9/30/14 (memorandum dated November 24, 2014) 15-16 C. 2015 Committee Assignments (memorandum dated December 3, 2014) 17-19 D. Amendment No. 2 to Indian River County Public Shooting Range Improvements to Skeet & Trap Facility Professional Civil Engineering and Architectural Services Consultant Agreement RFQ No. 2013017 — IRC Project No. 1213B (memorandum dated November 21, 2014) 20-28 E. Memorandum of Agreement — Florida Department of Transportation — Establishment of a Florida Department of Transportation Global Positioning System (GPS) Reference Station at the Indian River County Utilities South County RO Water Treatment Plant located on Oslo Road, just east of South County Regional Park (memorandum dated November 24, 2014) 29-32 F. Florida Department of Law Enforcement FY 2014/2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Certificates of Acceptance (memorandum dated December 2, 2014) 33-41 December 9, 2014 Page 2 of 7 8. CONSENT AGENDA PAGE G. Review of the Affordable Housing Advisory Committee 2014 Incentives Review and Recommendation Report (memorandum dated November 25, 2014) 42-102 H. Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2015-2016 Through 2017-2018 (memorandum dated November 25, 2014) I. Hurricane Debris Removal Contracts for TAG Grinding Services, Inc. and Omni Pinnacle, LLC Third (and Final) Extension of Year 2011 Contract (memorandum dated November 18, 2014) 103-112 113-132 J. Miscellaneous Budget Amendment 003 (memorandum dated December 3, 2014) 133-139 K. Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) and Authorizing Resolution for Landscape Maintenance on US 1 from the St. Lucie County/Indian River County Line (M.P. 0.000) to just North of 11th Lane S.W. (M.P. 1.856) (memorandum dated November 26, 2014) 140-186 L. Request for Authorization to Transfer Two County Donated Surplus Properties to Every Dream Has a Price, Inc. for Affordable Housing and to Grant a One Year Extension to Habitat for Humanity to Build an Affordable Home on a Remaining County Donated Lot (memorandum dated December 2, 2014) 187-200 M. Declare Excess Equipment Surplus for Trade -In (memorandum dated December 1, 2014) 201-209 N. Change Order 1 — Weller Pools LLC Comprehensive Repairs to North County Aquatic Centers (memorandum dated December 2, 2014) 210-211 O. Approval of Sovereign Immunity Language in Easement and Bill of Sale of Utility Facilities from the School Board of Indian River County to Indian River County with Respect to the Treasure Coast Elementary School (memorandum dated December 1, 2014) 212-219 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None December 9, 2014 Page 3 of 7 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing December 16, 2014: Notice of Scheduled Public Hearing to Consider a Potential Project for a Community Development Block Grant (CDBG) (memorandum dated December 2, 2014) 2. Notice of Public Meeting December 17, 2014: Public Notice of Florida Governmental Conflict Resolution Process Mediation Scheduled for December 17, 2014 (memorandum dated December 2, 2014) 220 221 11. COUNTY ADMINISTRATOR MATTERS A. Update on Joint Meeting Regarding All Aboard Florida (memorandum dated December 3, 2014) 222 B. Discussion on Cancelling February 3, 2015 Meeting (memorandum dated December 3, 2014) 223 12. DEPARTMENTAL MATTERS A. B. C. Community Development None Emergency Services None General Services None 1. Human Services None December 9, 2014 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE C. D. E. F. G. General Services 2. Sandridge Golf Club None 3. Recreation None Human Resources None Office of Management and Budget None Public Works 1. Award of Bid No. 2014052, Indian River County Intergenerational Recreation Facility at South County Regional Park, Phase I, IRC Project No. 1135 (memorandum dated November 25, 2014) Utilities Services None 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS MATTERS A. B. C. Commissioner Wesley S. Davis, Chairman None Commissioner Bob Solari, Vice Chairman None Commissioner Joseph E. Flescher None 224-234 December 9, 2014 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE D. E. Commissioner Peter D. O'Bryan None Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. B. C. Emergency Services District None Solid Waste Disposal District None Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. December 9, 2014 Page 6 of 7 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. December 9, 2014 Page 7 of 7 TO: FROM: Carole Jean Jordan, Tax Collecto SUBJECT: Agenda Item DATE: December 3, 2014 Carole Jean Jordan, CFC ,5'A Tax Collector " HOW MAY WE HELP Sou?'" MEMORANDUM Joseph A. J. Baird, County Administrator The Annual Fiscal Report for the Fiscal Year Ended September 30, 2014 was presented at the Board of County Commissioner Meeting on November 18, 2014. I was out of town and was unable to attend that meeting. Please place the following on the Agenda for the Board of County Commissioners meeting on Tuesday December 9, 2014 under Presentations: Tax Collector, Carole Jean Jordan. Thank you for your attention to this matter, and if you have any questions or if we can be . of any assistance, please feel free to call me at extension 1337. cc: Jason Brown, Budget Director P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollectorftIRCTax.com Website: www.IRCtax.com Phone: (772) 226-1338 Fax (772) 770-5009 1 EXCESS2014 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2014 COMMISSIONS 2013/2014 COLLECTED EXCESS FEES AGENCY 2013/2014 % $ 2,335,120.69 GENERAL FUND $ 2,981,513 52 70.4754% $ 1,645,685.77 MUNICIPAL SERV DIST $ 146,894.42 3.4722% $ 81,080 31 EMS SERV DIST $ 402,238.63 9 5079% $ 222,020 92 ROCKRIDGE SLD $ 60.25 0.0014% $ 33.26 LAURELWOOD SLD $ 113 02 0 0027% $ 62.38 GIFFORD SLD $ 1,411 58 0.0334% $ 779 14 LAUREL CT SLD $ 16.20 0 0004% $ 8.94 VERO LAKES MSTU $ 1,878 00 0.0444% $ 1,036 59 VB HIGH SLD $ 1,362.96 0 0322% $ 752.30 IXORA PK SLD $ 90 68 0.0021% $ 50.05 PORPOISE PT SLD $ 7.03 0.0002% $ 3,88 VERO SHORES SLD $ 76 03 0.0018% $ 41.97 POINCIANA SLD ' $ 251 11 0 0059% $ 138.60 ROSELAND RD SLD $ 14 14 0.0003% $ 7 80 GLENDALE LK SLD $ 64.95 0 0015% $ 35 85 WALKERS GLEN SLD $ 25 91 0 0006% $ 14.30 FLORALTON SLD $ 47 01 0 0011% $ 25.95 TIERRA LINDA SLD $ 27 14 0 0006% $ 14.98 WHISPERING PINES SLD $ 21.59 0.0005% $ 11.92 MOORINGS SLD $ 234 17 0 0055% $ 129.25 E. GIFFORD WATERSHED $ 18 92 0.0004% $ 10 44 WEST WABASSO MSBU $ 156.13 0 0037% $ 86 18 LAND ACQ BOND $ 29.42 0.0007% $ 16.24 LAND ACQ BOND 2004 $ 94,796.84 2.2408% $ 52,324 37 LIBRARY BOND $ - 0 0000% $ LANDFILL $ 162,089.34 3 8314% $ 89,467.35 BEACH BOND $ - 0.0000% $ FIND $ 8,663.20 0.2048% $ 4,78177 SCHOOL BOARD $ 127 19 0.0030% $ 70.20 ST JOHNS WMD $ 82,463 44 1 9492% $ 45,516.78 SEB INLET DIST $ 7,850.23 0.1856% $ 4,333 04 MOSQUITO CONT $ 67,052.75 1 5850% $ 37,010 65 HOSPITAL $ 243,464.40 5.7549% $ 134,383.39 FELLSMERE WCD $ 1,500.00 0.0355% $ 827.94 IR FARMS WCD $ 1,500.00 0 0355% $ 827.94 ST JOHNS IMPROV DISTRICT $ 1,500.00 0 0355% $ 827 94 SEB RIVER IMPROV DISTRICT $ 1,500 00 0 0355% $ 827.94 VERO LAKES WCD $ 178.50 0 0042% $ 98.53 DELTA FARMS WCD $ 1,500 00 0 0355% $ 827 94 SEBASTIAN STORM DRAIN $ 19,834 45 0 4688% $ 10;947.89 TOTAL $ 4,230,57315 100.0000% $ 2,335,12069 0.00 DUE TO COUNTY 100.208 1000 $ 2,093,838 74 DUE TO OTHER GOVT 100.208.0000 $ 241,281 95 TOTAL EXCESS FEES $ 2,335,120 69 2 �A DECEMBER 9, 2014 INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: December 1, 2014 Subject: Resignation of Mr. George O'Malley to the Tourist Development Council (TDC) From: Laura E. Vasquez, Commissioner Assistant Mr. George O'Malley, a person who is interested in tourist development, not an owner or operator, to the Tourist Development Council (TDC) has tendered his resignation from that position, effective immediately. Anyone interested in serving on the TDC and meets the requirements will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Applications can be accessed on-line at www.ircgov.com/boards/committee applications or the Board of County Commissioner's office. Attachment: Mr. O'Malley's resignation letter dated November 29, 2014. F.\BCC\Agenda Items\2014\Appointments-Resignations\TDC RESIGNATION GEORGE O'MALLEY.docx 3 November 29, 2014 Commissioner Joseph E. Flescher IRC Board of County Commissioners 1801 27'° Street Vero Beach, FL 32960 Commissioner Flescher, For the past six months a serious medical problem has existed with a member of my immediate family. He continues to be hospitalized at the Joe DiMiggio Choldren's Hospital in Hollywood, Florida. I have focused on my family and I spend three to four day each week at the Hospital with my Daughter and Grandson. There is no set timetable for this situation to be resolved. 1 continue to be committed in support of my family. As a result, I have decided to submit my resignation to the TDC. This will allow for a replacement who can adequatly focus on TDC activities. Respectfully Submitted, C /( 4 r leorge G. O'Malley 4 -7 t2 INFORMATIONAL ITEMS December 9, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 3, 2014 SUBJECT: Treasure Coast Regional Planning Council Appointees for 2015 FROM: Misty L. Purse!, Commissioner Assistant, Districts 1 & 5 The attached correspondence dated December 3, 2014, was submitted to Michael Busha, Executive Director of Treasure Coast Regional Planning Council regarding the 2015 appointments made by the County and various municipalities according to the rotation schedule. Attachment 5 Wesley S. Davis Chairman District 1 Bob Solari Vice Chairman District 5 BOARD OF COUNTY COMMISSIONERS December 3, 2014 Michael J Busha, Executive Director Treasure Coast Regional Planning council 421 SW Camden Avenue Stuart, FL 34994 Dear Michael, Joseph E. Flescher District 2 Tim Zorc District 3 Peter D. O'Bryan District 4 The Commissioner assignments for Indian River County will be confirmed at the regular Board of County Commissioners meeting of December 9, 2014 Please accept the Indian River County Commissioner assignments are listed below, with attached contact information for all members and alternates Member Bob Solari, Commissioner, IRC Board of County Commissioners Alternate Tim Zorc, Commissioner, IRC Board of County Commissioners Member Peter D O'Bryanr, Commissioner, IRC Board of County Commissioners Alternate: Joseph E. Flescher, Commissioner, IRC Board of County Commissioners Member: Vice Mayor Jerome Adams, City of Sebastian Alternate: Councilmember Pilar Turner, City of Vero Beach Member. Mayor Brian Barefoot, City of Indian River Shores Alternate Councilmember Robert Gibbons, Town of Orchid You may contact me at (772) 226-1442 with any questions Sincerely, esley S. Davis, Chairman District 1 WSD.mip Attachment 1801 27"' Street, Building A Vero Beach, FL 32960 (772) 226-1490 6 TREASURE COAST REGIONAL PLANNING COUNCIL 2015 MEMBERS AND ALTERNATES INDIAN RIVER COUNTY MEMBERS The Honorable Bob Solari Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1438 FAX: 772 770 5334 bsolari(a7 ircgov.com The Honorable Peter D. O'Bryan Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1441 FAX: 772 770 5334 pobryana,ircgov.com The Honorable Jerome Adams Vice Mayor, City of Sebastian 1225 Main Street Sebastian, FL 32958 772 388 8214 FAX: 772 589 5570 jadams(a�citvofsebastian.org The Honorable Brian Barefoot Mayor, Town of Indian River Shores 6001 N. Highway A1A Indian River Shores, FL 32963 772 231 1771, ext. 121 FAX: 772 231 4348 mayor@irshores.com ALTERNATES The Honorable Tim Zorc Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1492 FAX: 772 770 5334 tzorc(a�ircgov.com The Honorable Joseph E Flescher Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1493 FAX: 772 770 5334 jflescher@ircgov.com The Honorable Pilar Turner Councilmember, City of Vero Beach POB 1389 Vero Beach, FL 32961 772 978 4700 FAX: 772 978 4790 citvcIrk a(�covb.org The Honorable Robert Gibbons Councilmember, Town of Orchid 7707-1 US Highway 1 Vero Beach, FL 32967 772 772 581 2770 FAX: 772 581 2771 townclerk@townoforchid.com 7 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27t Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTO 1 THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 25, 2014 SUBJECT: APPROVAL OF WARRANTS November 21, 2014 to November 27, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of November 21, 2014 to November 27, 2014. Attachment: DB: MS HR 8 CHECK NBR 319793 319794 319795 319796 319797 319798 319799 319800 319801 319802 319803 319804 319805 319806 319807 319808 319809 319810 319811 319812 319813 319814 319815 319816 319817 319818 319819 319820 319821 319822 319823 319824 319825 319826 319827 319828 319829 319830 319831 319832 319833 319834 319835 319836 319837 319838 319839 319840 319841 319842 319843 319844 319845 319846 319847 319848 319849 319850 CK DATE 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 CHECKS WRITTEN VENDOR PAUL CARONE PAUL JULIN LINDSEY GARDENS LTD CREATIVE CHOICE HOMES XVI LTD PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER INVESTMENT REALTY INC THE PALMS AT VERO BEACH ED SCHLITT LC JOHN OLIVIERA JOHN COLONTRELLE ARTHUR PRUETT JOSEPH LOZADA LUCY B HENDRICKS HFB OF FLORIDA LLC EARRING POINT PROPERTIES ANDRE DORAWA PAULA WHIDDON COURTYARD VILLAS OF VERO LLC JAMES W DAVIS NITA EZELL LINDSEY GARDENS II LTD MISS INC OF THE TREASUE COAST DANIEL CORY MARTIN CRAIG LOPES PAULA ROGERS & ASSOCIATES INC FIVE STAR PROPERTY HOLDING LLC WILLIAM LEE MARK BAER 33 MILES EAST INVESTMENTS LLC FRESH START HOUSING LLC SABEL CHASE ROBERTS J GORMAN JUAN CHAVES REID REALTY MELISSA CAMARATA FOUNDATION FOR AFFORDABLE RENTAL HOUSING JOHNATHON KNOWLES INDIANTOWN NON-PROFIT HOUSING INC PORT CONSOLIDATED INC JORDAN MOWER INC TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC FISHER SCIENTIFIC COMPANY LLC VERO CHEMICAL DISTRIBUTORS INC CHISHOLM CORP OF VERO VELDE FORD INC STEWART MINING INDUSTRIES INC AT&T WIRELESS DATA FLOW SYSTEMS INC PARALEE COMPANY INC BGKENNINC GRAINGER KELLY TRACTOR CO REPUBLIC SERVICES OF FLORIDA MCMASTER CARR SUPPLY CO GAYLORD BROTHERS INC AMOUNT 3,688.00 623.00 269.00 399.00 1,401.00 1,984.00 388.00 481.00 454.00 510.00 1,396.00 670.00 409.00 1,212.00 573.00 613.00 469.00 630.00 553.00 560.00 288.00 480.00 520.00 2,501.00 1,277.00 350.00 650.00 797.00 1,264.00 26,718.00 567.00 948.00 478.00 424.00 700.00 478.00 581.00 510.00 634.00 1,712.00 73,747.33 1,366.98 867.80 383.70 168.00 298.15 1,051.92 2,961.23 772.11 216.07 1,372.65 928.00 75.38 128.00 127.52 500,720.05 29.14 142.26 1 CHECK NBR 319851 319852 319853 319854 319855 319856 319857 319858 319859 319860 319861 319862 319863 319864 319865 319866 319867 319868 319869 319870 319871 319872 319873 319874 319875 319876 319877 319878 319879 319880 319881 319882 319883 319884 319885 319886 319887 319888 319889 319890 319891 319892 319893 319894 319895• 319896 319897 319898 319899 319900 319901 319902 319903 319904 319905 319906 319907 319908 319909 319910 CK DATE 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 VENDOR HACH CO PARKSON CORPORATION ALLIED ELECTRONICS INC DEEP SIX DIVE SHOP INC PATTERSON POPE INC HD SUPPLY WATERWORKS, LTD EGP INC VERO INDUSTRIAL SUPPLY INC ACE PLUMBING INC PROFORMA IMAGING FIRESTONE COMPLETE AUTO CARE KETCHUM MANUFACTURING CO INC GENERAL PART INC GOODYEAR AUTO SERVICE CENTER SIGNS INA DAY BAKER & TAYLOR INC BARNEYS PUMP INC MIDWEST TAPE LLC PRECISION CONTRACTING SERVICES INC MICROMARKETING LLC K & M ELECTRIC SUPPLY WHEELED COACH BIO CHEM RESOURCES LLC SUNSHINE REHABILATION CENTER OF IRC INC GREENE INVESTMENT PARTNERSHIP LTD PST SERVICES INC INDIAN RIVER COUNTY HEALTH DEPT MEDICAL EXAMINERS OFFICE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH INDIAN RIVER ALL FAB INC EBSCO INDUSTRIES INC MATTHEW BENDER & CO INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS ACUSHNET COMPANY EXCHANGE CLUB CASTLE GEOSYNTEC CONSULTANTS INC DUMONT COMPANY INC FEDERAL EXPRESS DON LAWLESS CITY OF SEBASTIAN SPRINT SPECTRUM LP SPRINT SPECTRUM LP ROSEMOUNT INC SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT ACUSHNET COMPANY PUBLIC DEFENDER TAYLOR MADE GOLF CO INC EPSILON SIGMA PHI LEADERSHIP DIRECTORIES INC STATE ATTORNEY CITY OF FELLSMERE AMOUNT 2,535.70 2,544.30 49.65 4,390.00 274.39 1,426.82 1,124.02 284.34 173.30 32.68 678.24 1,315.81 618.54 912.28 44.00 3,191.30 2,237.00 1,007.05 1,135.00 86.60 106.81 260.10 1,320.52 15.00 3,306.25 27,641.95 44,543.41 24,888.58 5,568.58 1,500.00 18,069.13 2,052.23 11,662.50 231.50 1,500.00 152.50 1,712.11 6,436.36 13.95 113.27 4,776.80 33,834.72 229.50 138.67 60.00 19,949.74 34.28 61.25 4,470.83 42,274.68 1,331.35 124,285.09 331.59 3,503.62 19,581.97 1,442.07 60.00 585.00 10,317.16 26.72 CHECK NBR 319911 319912 319913 319914 319915 319916 319917 319918 319919 319920 319921 319922 319923 319924 319925 319926 319927 319928 319929 319930 319931 319932 319933 319934 319935 319936 319937 319938 319939 319940 319941 319942 319943 319944 319945 319946 319947 319948 319949 319950 319951 319952 319953 319954 319955 319956 319957 319958 319959 319960 319961 319962 319963 319964 319965 319966 319967 319968 319969 319970 CK DATE 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 VENDOR GOVERNMENT FINANCE OFFICERS ASSOC FLORIDA UC FUND GERALD A YOUNG SR ALAN C KAUFFMANN NEW ENGLAND HIST GENEALOGICAL SOC AIRGAS CARBONIC INC INTERNATIONAL CODE COUNCIL INC TIM GEIS PINNACLE GROVE LTD LAKEWOOD VILLAGE RO ASSOC INC SYMBIONT SERVICE CORP SIINPLEXGRINNELL LP FLORIDA SECTION IMSA RUSSELL PAYNE INC TRANE US INC JEAN PETERS VAN WAL INC JOSEPH W VASQUEZ HYDROMENTIA CENTRAL PUMP & SUPPLY INC MCMAHON ASSOCIATES INC GARY L EMBREY 1ST FIRE & SECURITY INC HINKLE & SONS SERVICES INC KENNY CAMPBELL JR INDIAN RIVER MAGAZINE INC BILFINGER AIRVAC WATER TECHNOLOGIES INC JOHNNY B SMITH R PARRADISE ST CERTIFIED A/C, LLC BACKFLOWGAGE.COM CHARLES A WALKER JACE CHANDLER & ASSOCIATES INC DASH DOOR & CLOSURE SERVICE INC FISHER & PHILLIPS LLP FISHER & PHILLIPS LLP REDLANDS CHRISTIAN MIGRANT ASSOC DANIEL IOFFREDO TREASURE COAST FOOD BANK INC MARINCO BIOASSAY LABORATORY INC EQ THE ENVIRONMENTAL QUALITY COMPANY SANDY ARACENA WOERNER DEVELOPMENT INC CREATIVE POWER SOLUTIONS INC ATLANTIC COASTAL LAND TITLE CO LLC GUETTLER BROTHERS CONSTRUCTION LLC BOULEVARD TIRE CENTER RIVERS END HOLDINGS LLC DELRAY MOTORS JOSEPH CATALANO FCC ENVIRONMENTAL LLC RAYMOND J DUCHEMIN SARA L MATHEWS KEITH GROCHOLL GFA INTERNATIONAL INC EQUIPMENT 911 LLC REBMANN GROUP LLC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC CARDINAL HEALTH 110 INC ADAMS FENCE 2 LLC AMOUNT 550.00 652.32 75.00 140.00 200.00 3,086.05 125.00 60.00 400.00 723.60 211.38 1,158.00 75.00 162.54 1,793.00 120.00 52.00 100.00 1,800.00 170.16 5,313.20 60.00 535.00 3,300.00 60.00 395.00 1,094.54 145.00 5,815.24 200.00 100.00 280.00 555.00 7,111.80 13,336.38 2,374.19 40.00 128.88 5,000.00 14,910.31 120.00 1,125.00 1,500.00 225.00 221,355.00 1,981.34 3,310.39 49.75 60.00 126.29 145.00 100.00 60.00 456.00 5,828.54 36,000.00 1,787.69 19,491.84 282.24 6,343.05 11 CHECK NBR 319971 319972 319973 319974 319975 319976 319977 319978 319979 319980 319981 319982 319983 319984 319985 319986 319987 319988 319989 319990 319991 319992 319993 319994 319995 319996 319997 319998 319999 320000 320001 320002 320003 320004 320005 320006 320007 320008 320009 320010 320011 320012 320013 320014 320015 320016 320017 320018 320019 320020 320021 Grand Total: CK DATE 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 11/25/2014 VENDOR ALEX MIKLO BURNETT LIME CO INC TREASURE COAST TURF INC PENGUIN RANDOM HOUSE LLC PITMAN TRACTOR & EQUIPMENT INC STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC INDIAN RIVER COUNTY 4-H ASSOC COURSE TRENDS INC WADE WILSON COAST TO COAST COMPUTER PRODUCTS KESSLER CONSULTING INC RICHARD BEECHER JEFF PASSARETTI AXIS DATA SOLUTIONS INC INTERCON SOLUTIONS INC INDUSTRIAL ACCESSORIES CHADWICK PRESTON SMALLEY RONALD NICHELSON INDIAN RIVER PLASTERING INC KENNETH BAILEY MAVERICK UNITED ELEVATOR LLC MICAHEL LOVEDAY JASON NESBIT LATOYA INGRAM JANET NINA DOCKERY VR SYSTEMS INC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTJL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS JOEL V HERMAN JOSEPH A BAIRD REBECCA L MITCHELL PETER OBRYAN BRIAN FREEMAN TIM ZORC VALENCIA COLLEGE CONTINUING EDUCATION KATE P COTNER AMOUNT 40.00 6,455.40 1,024.00 47.25 195.00 7.98 2,300.00 200.00 300.00 100.00 923.94 17,797.50 40.00 40.00 1,191.77 6,464.50 1,709.48 1,555.00 60.00 3,350.00 775.00 1,480.00 199.00 75.00 50.00 30.00 106,845.00 4.44 185.54 94.63 68.54 100.00 150.71 23.59 34.75 139.54 33.24 59.43 54.44 51.48 40.62 42.35 66.48 173.63 358.18 173.63 237.61 16.91 266.08 485.00 401.76 1,616,240.22 A TRANS NBR 3293 3294 3295 3296 3297 3298 3299 3300 3301 3302 3303 3304 3305 3306 3307 Grand Total: ELEC 1'RONIC PAYMENTS - WIRE & ACH DATE 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/21/201' 11/24/201' 11/24/201, 11/25/201' VENDOR TEAMSTERS LOCAL UNION #769 IRC FIRE FIGHTERS ASSOC NACO/SOUTHEAST FL SDU ICMA RETIREMENT CORPORATION ICMA RETIREMENT CORPORATION FLORIDA LEAGUE OF CITIES, INC NACO/SOUTHEAST CDM SMITH INC R J SULLIVAN CORP KIMLEY HORN & ASSOC INC CLOSE CONSTRUCTION LLC INDIAN RIVER COUNTY PROPERTY APPRAISER IRS -PAYROLL TAXES BENEFITS WORKSHOP AMOUNT 5,382.50 6,060.00 55,059.67 8,113.23 9,887.55 2,154.69 5,522.57 484.60 6,585.80 66,833.95 22,610.00 327,852.02 236,791.64 382,018.32 15,185.26 1,150,541.80 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005306 11/25/2014 COMMUNICATIONS INTERNATIONAL 39,205.20 1005307 11/25/2014 COLD AIR DISTRIBUTORS WAREHOUSE 419.67 1005308 11/25/2014 COMO OIL COMPANY OF FLORIDA 39.80 1005309 11/25/2014 DYNAMIC BRANDS LLC 264.00 1005310 11/25/2014 CAPITAL OFFICE PRODUCTS 497.31 1005311 11/25/2014 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 327.26 1005312 11/25/2014 BENNETT AUTO SUPPLY INC 35.43 1005313 11/25/2014 AUTO PARTNERS LLC 725.33 1005314 11/25/2014 CON -AIR INDUSTRIES INC 729.24 1005315 11/25/2014 BERMUDA SANDS APPAREL LLC 220.20 1005316 11/25/2014 COUNTY MATERIALS CORPORATION 124.80 Grand Total: 42,588.24 14 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: November 24, 2014 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 9/30/14 8B BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Attached to this memo is a report of the revenues and expenditures from the inception of the $3 fee (October 1, 2002) through September 30, 2014. The Board currently carries a balance of $7,777 which is available to area schools. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity until all of the funds have been spent. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. Indian River Approve Date Administrator 4 "2 104/ County Attorney ( p , 11 .-26 -c4 Budget • , Department 1����� Risk 15 0 0 0 0 0 41 I O 0 Co 7 O • n Qac c FA 0 G N cD ET 0 0 O OT 0) O fD o 69 69 69 O O 0) 0) O CD N A 01 W Vt CT leaf pue le seoueieq punct Fund balances at beginning of year seoueieq pun; it! a6ueyo;aN vm 5T7) -I v v -4 m m < o F m 0 m N m m Z E a 0) Z 7 v C a 0 CD o CD Xi = m a N m c. C y N N co N A N V 03 Ut1 42,785 1 A N V CO C.71 69 A N N 0) N 0) N W FY 03 10/01/2002- 9/30/2003 85,696 A A N N V c0c0 co A N - 69 A N D) N 00 N FY 04 10/01/2003- 9/30/2004 129,620 43,924 85,696 ) i A cJ -CD N A 69 A N -+ -• V W CO O A FY 05 10/01/2004- 9/30/2005 158,601 28,981 129,620 (0 07 CO 00 25,188 54,169 $ 48,372 5,797 FY 06 10/01/2005- 9/30/2006 W N - (26,410) 158,601 A A W W A A W W V f0 W 49 CO CO l+ 07 N 03 0 V FY 07 10/01/2006- 9/30/2007 N 07 0) (29,636) 132,191 00)) N(11 _ 00 Cr)C) N_ 0) 01 -04.(00) 69 A ->. t0 n CD V FY'08 10101/2007- 9/30/2008 76,326 (26,229) 102,555 29,962 29,962 W V W W 69 N -CO V CO A CD A FY 09 10/01/2008- 9/30/2009 42,287 (34,039) 76,326 35,317 35,317 N CO 69 V 0) W CN1) FY 10 10/01/2009- 9/30/2010 35,346 (6,941) 42,287 7,565 1 V 0t O) Vt 624 EA N W A Co O A FY11 10/01/2010- 9/30/2011 26,763 W 01 CO0 W 0) A CO O) W CO c0 0 0 0) c0 0 0 co -I. V 69 -. N 0 -I. A W FY12 10/01/2011- 9/30/2012 A A 0 (12,354) 26,763 r 12,460 12,460 -+ morn 69 FY13 10/01/2012- 9/30/2013 V V V (6,632) 14,409 T 6,675 0) V cT A W 69 N -+ CO 01 FY14 10/01/2013- 9/30/2014 V V V V 1 206,650 1 214,427 Inception to Date Totals O o C -moi N d o n91 C O. 0 C o o y C 'D 7 O O 0) 0 '2• 3m O. 0 N T a w d O W N 16 8G CONSENT AGENDA December 9, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners FROM: Commission Chairman Wesley S. Davis, District 1 DATE: December 3, 2014 SUBJECT: 2015 COMMITTEE ASSIGNMENTS Attached is the 2015 Committee Assignments for each Commissioner. Attachment 17 2015 COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER WESLEY S. DAVIS — District 1 1. Agriculture Advisory Committee (Quarterly 4th Thursday @ 2:00 pm) 2. Metropolitan Planning Organization (2nd Wednesday of the month @ 10:00 am) 3. Value Adjustment Board (2x a year) 4. School Planning Elected Officials Oversight Committee (BCC Chairman serves) (Annually) 5. Community Development Block Grant Advisory Committee (As needed) 6. Workforce Development Consortium of the Treasure Coast (BCC Chairman serves) 7. County Public Safety Coordinating Board (BCC Chairman or designee) (As needed) JOSEPH E. FLESCHER — District 2 1. Metropolitan Planning Organization (2nd Wednesday of the month @ 10:00 am) 2. Treasure Coast Regional Planning Council (Alternate for O'Bryan) (3rd Friday, Bi -Monthly @ 9:30 am) 3. Treasure Coast Sports Commission 4. Juvenile Justice Council (2nd Wednesday of the month) 5. Juvenile Justice Circuit 19th Advisory Board 6. Tourist Development Council (Quarterly 3rd Wednesday @ 2:00 pm) 7. Audit Selection Committee (2015; Every 5 years) C:\Users\droy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EKXE6OHB\2015 COMMITTEE ASSIGNMENTS FOR COMMISSIONERS.doc (COUNTY COMMITTEE ASSIGNMENTS ARE IN BOLD) 18 TIM ZORC — District 3 1. Metropolitan Planning Organization (MPO) (2nd Wednesday of the month @ 10:00 am) 2. Treasure Coast Regional Planning Council (Alternate for Commissioner Solari) (3rd Friday, Bi - Monthly) 3. Beach & Shore Preservation Advisory Committee (3rd Monday of the month @ 3:00 pm) 4. State Housing Initiatives Partnership (SHIP) Loan Review Committee (As needed) 5. St. Johns River Alliance (As needed) 6. Value Adjustment Board (2x a Year) PETER D. O'BRYAN — District 4 1. Children's Services Advisory Committee (As scheduled 2nd Monday @ 5:30 pm) 2. Metropolitan Planning Organization (2nd Wednesday of the month @ 10:00 am) 3. Treasure Coast Regional Planning Council (3rd Friday, Bi -Monthly @ 9:30 am) 4. Treasure Coast Council of Local Governments (Monthly 1st Wednesday @ 10:00 am) 5. Economic Development Council (3rd Tuesday of the month @ 3:30 pm) 6. Indian River Lagoon County Collaborative (Bi -Monthly) BOB SOLARI — District 5 1. Board of Trustees of Law Library (As needed) 2. Metropolitan Planning Organization (MPO) (2nd Wednesday of the month @ 10:00 am) 3. Transportation Disadvantaged Local Coord. Board (BCC member serves as Chair) (Quarterly 4th Thursday @ 10:00 am) 4. Treasure Coast Regional Planning Council (3rd Friday, Bi -Monthly @ 9:30 am) 5. Affordable Housing Advisory Committee (As needed) 6. Indian River Lagoon Advisory Board 7. Enterprise Zone Development Agency (2nd Thursday of the month @ 8:30 am) C:\Users\droy\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\EKXE6OHB\2015 COMMITTEE ASSIGNMENTS FOR COMMISSIONERS.doc (COUNTY COMMITTEE ASSIGNMENTS ARE IN BOLD) 19 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Amendment No. 2 to Indian River County Public Shooting Range Improvements to Skeet & Trap Facility Professional Civil Engineering and Architectural Services Consultant Agreement RFQ No. 2013017 — IRC Project No. 1213B DATE: November 21, 2014 DESCRIPTION AND CONDITIONS On March 18, 2014, the Board of County Commissioners approved Amendment No. 1 to the Professional Civil Engineering and Architectural Services Consultant Agreement with Donadio & Associates, Architects, P.A. for the expansion of the Indian River County Public Shooting Range. Amendment No.1, in the amount of $26,805.00, provided for removal of the proposed 300 -yard rifle range and Skeet and Trap Facility from the project to minimize impacts to the wetlands and existing shooting range features, and provided for construction plans and documents for two separate phases of construction, for a total contract price of $131,520.00. The Skeet and Trap Facility is proposed to be constructed in Phase 2. Amendment No. 2 to the original agreement with Donadio & Associates, Architects, P.A. is to provide for permit modifications due to the revised scope of project following Amendment No. 1. Amendment No. 2 is for a lump sum amount of $5,750.00 for a total contract price of $137,270.00. FUNDING Funding in the amount of $5,750.00 is budgeted and available from Impact Fees/Parks/Sporting Clays Course -Skeet Trap, Account #10321072-066510-12001, for a total contract amount of $137,270.00. Under the County's code, all funds collected from public impact fees shall be used for the purpose of capital improvements to public facilities under the jurisdiction of the County and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the County. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 2 in the lump sum amount of $5,750.00 with Donadio & Associates, Architects, P.A. and authorize the Chairman to execute the agreement. F:\Public Works\ENGINEERING DIVISION PROJECTS\1213B-IRC Shooting Range Skeet & Trap Phase 2\Admin\agenda items\BCC Agenda Amendment No. 2 12-9-2014.doc 20 PAGE 2 Amendment No. 2 to Indian River County Public Shooting Range Christopher J. Kafer, Jr., P.E., County Engineer December 9, 2014 Agenda Item ATTACHMENTS 1. Amendment No. 2 2. Proposal from Donadio & Associates, Architects, P.A. dated November 19, 2014 DISTRIBUTION Donadio & Associates, Architects, P.A. APPROVED AGENDA ITEM FOR December 9, 2014 BY Indian River County Approv Date Administration �j ` 4:27 1/ Budget _ 1����'',/Idi Legal � --. �7/ 1i-2�. - I ` -- Recreation -� I� Nig ry `r.: Public Works a/ V// d/ Engineering c. //.- y' J y/ F•\Public Works\ENGINEERING DIVISION PROJECTS \1213B -IRC Shooting Range Skeet & Trap Phase 2\Admin\agenda items\BCC Agenda Amendment No. 2 12-9-2014.doc 21 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET & TRAP FACILITY IRC Project No. 1213B AMENDMENT NO. 2 to CONSULTANT AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES WITH DONADIO and ASSOCIATES, ARCHITECTS, P.A. This is an amendment to the existing CONSULTANT AGREEMENT between DONADIO and ASSOCIATES, ARCHITECTS, P.A. (CONSULTANT) and INDIAN RIVER COUNTY (COUNTY) for Professional Civil Engineering and Architectural Services. All provisions of the CONSULTANT AGREEMENT shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES," "COMPENSATION" and "DURATION OF AGREEMENT" of CONSULTANT AGREEMENT as follows: SECTION IV - SCOPE OF SERVICES Task 1- Environmental Resource Permit (ERP) Application In coordination with the project engineer and planner, Crossroads will draft and submit an application to the St. John's River Water Management District (District) addressing the proposed enhancements to the Indian River County Public Shooting Range (skeet and trap, parking lot improvements, mulching the trails, etc.). As part of this process, the District will forward a copy of the application to the Army Corps of Engineers (Corps). Task 2- ERP Coordination Crossroads will coordinate the wetland and natural resource related portions of the permit through the District's review process. Coordination is expected to include meetings with agency personnel, site review meetings, a cumulative impacts analysis, secondary impacts analysis, mitigation requirements, up to three responses to agency requests for additional information and any necessary coordination with the Client. Task 3 - Federal Coordination The U.S. Army Corps of Engineers may require a separate Federal wetland jurisdictional determination to be completed in the field. The jurisdictional evaluation may include additional field flagging and review of jurisdictional wetlands based on the Federal criteria. In the event that the Corps determines there are Federal jurisdictional lands on the property, a secondary review of the quality of the wetlands may be required. This task includes one field visit to determine the Federal wetland jurisdictional limits. Crossroads will evaluate the wetlands utilizing either Wetland Rapid Assessment Procedure (WRAP), Unified Mitigation Assessment Methodology (UMAM). The WRAP and/or UMAM data will be utilized to determine the amount of mitigation credits, if any, which will be required to offset any proposed impacts to Federal wetland jurisdictional areas. This task will include site meetings with Corps personnel, up to three responses to requests for additional information. 22 PAGE 2 AMENDMENT NO. 2 to CONSULTANT AGREEMENT (DONADIO & ASSOCIATES, ARCHITECTS, P.A.) FOR DECEMBER 9, 2014 BCC SECTION VI - COMPENSATION The section of CONSULTANT AGREEMENT entitled COMPENSATION shall be revised to include the additional fees: Task 1 ERP Application $ 750.00 Task 2 ERP Coordination $ 2,000.00 Task 3 ACOE Coordination $ 3,000.00 Total Additional Services for Amendment No. 2 $ 5,750.00 SECTION XVI — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of three (3) years after the date of execution thereof or until completion of the Project as specified by the COUNTY's Project Manager, whichever occurs first, or unless terminated pursuant to Section XII of the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK F\Public Works\ENGINEERING DIVISION PROJECTS \1213B -IRC Shooting Range Skeet & Trap Phase 2Wdmin\agenda items \ Amendment No 2 12-9- 2014.doc 23 PAGE 3 AMENDMENT NO. 2 to CONSULTANT AGREEMENT (DONADIO & ASSOCIATES, ARCHITECTS, P.A.) FOR DECEMBER 9, 2014 BCC IN WITNESS HEREOF the parties hereto have executed these presents this day of , 2014. BOARD OF COUNTY COMMISSIONERS DON ' ' 10 ND ASSOCIATES, INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman n ony Donadio, AIA, NCARB, Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficv• ylan Reingold, County Attorney President Witnessed by: MARA ?AVIS (Printed name) (Signature) F.\Public Works \ENG1NEERING DIVISION PROJECTS \1213B -IRC Shooting Range Skeet & Trap Phase 2Wdmin\agenda items \Amendment No 2 12-9- 2014.doc 24 DONADIO & Associates, Architects, P.A. November 19, 2014 Christopher J. Kafer, Jr. P.E. County Engineer Indian River County Engineering Division 1800 27th Street Vero Beach, Florida 32960 - 0310 RE: INDIAN RIVER COUNTY SKEET AND TRAP PUBLIC SHOOTING RANGE IMPROVEMENTS CONTRACT AMENDMENT/ADDITONAL SERVICES ARCHITECT'S PROJECT NO 2013.04.1.2 Dear Mr. Kafer, We here by submit the following SKEET AND TRAP PUBLIC SHOOTING RANGE IMPROVEMENTS additional services fees for Environmental Engineering Services for the Shooting Range Design change in scope of work, which will modify our Owner and Architect Agreement dated July 09, 2013. The scope of work for the Additional Services and the Additional Service Fees are as follows: SCOPE OF SERVICES Task 1- Environmental Resource Permit (ERP) Application In coordination with the project engineer and planner, the Environmental Engineer will draft and submit an application to the St. John's River Water Management District (District) addressing the proposed enhancements to the Indian River County Public Shooting Range (skeet and trap, parking lot improvements, mulching the trails, etc.). As part of this process, the District will forward a copy of the application to the Army Corps of Engineers (Corps). Task 2- ERP Coordination The Environmental Engineer will coordinate the wetland and natural resource related portions of the permit through the District's review process. Coordination is expected to include meetings with agency personnel, site review meetings, a cumulative impacts analysis, secondary impacts analysis, mitigation requirements, up to three responses to agency requests for additional information and any necessary coordination with the Client. Task 3 — Federal Coordination The U.S. Army Corps of Engineers may require a separate Federal wetland jurisdictional determination to be completed in the field. The jurisdictional evaluation may include additional field flagging and review of jurisdictional wetlands based on the Federal criteria. In the event that the Corps determines there are Federal jurisdictional lands on the property, a secondary review of the quality of the wetlands may be required. This task includes one field visit to determine the Federal wetland jurisdictional limits. Environmental Engineer will evaluate the wetlands utilizing either Wetland Rapid Assessment Procedure (WRAP), Unified Mitigation Assessment Methodology (UMAM). The WRAP and/or UMAM data will be utilized to determine the amount of mitigation credits, if any, that will be required to offset any proposed impacts to Federal wetland jurisdictional areas. This task will include site meetings with Corps personnel, up to three responses to requests for additional information. 609 17th Street Vero Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email daa@donadio-arch.com License No. AA0002238 25 INDIAN RIVER COUNTY SKEET AND TRAP PUBLIC SHOOTING RANGE IMPROVEMENTS CONTRACT AMENDMENT/ADDITONAL SERVICES NOVEMBER 19, 2014 Page 2 FEES AND BILLING We will provide the services described in Tasks 1 through 3 above on a lump sum basis. All direct expenses are billed at cost, and are included in the appropriate task budgets. The following table provides a summary of the proposed Tasks and associated budgets. The budget amounts will not be exceeded without prior authorization from the Client. Task Budeet Task Description Requested Budeet Amount 1 ERP Application $ 750.00 2 ERP Coordination $ 2,000.00 3 Corps Coordination $ 3,000.00 Total $ 5,750.00 These additional services fees will increase our previously revised original contract amount to $137,270.00 including the reimbursable expense allowance. See attached revised Summary Sheet. Should you have any questions, please do not hesitate to contact our Office. Sincerely, gonadicv Anthony J. Donadio A.I.A., NCARB President DONADIO & Associates, Architects, P.A. 26 SUMMARY PROSPOSED ADDITIONAL PROFESSIONAL SERVICES FEES Project Name: IRC Public Shooting Range Action Pistol Ranges IRC Project No. 2014026 DAA Project No.: 2013-04.1.2 Date: 19 -Nov -14 10% CONSULATANT MANAGEMENT FEES FEE TOTAL FEES TASK Architectural $ $ $ Structural Engineering $ $ $ MEP Engineering $ $ $ Basic Additional Services Fees $ $ $ Civil Engineering Environmental Engineering $ 5,750.00 $ $ 5,750.00 Landscape Architecture $ $ $ Site Surveying $ $ $ Cost Consultant $ $ $ Geotechnical Engineering $ $ $ Additional Services Fees $ 5,750.00 $ $ 5,750.00 TOTAL FEES $ 5,750.00 $ $ 5,750.00 Reimbursables $ - $ $ TOTAL FEES + REIMBURSABLES $ 5,750.00 $ 5,750.00 27 SUMMARY PROSPOSED PROFESSIONAL SERVICES FEES Project Name: IRC Public Shooting Range Improvements IRC Project No. 1213 DAA Project No.: 2013-04.1.2 • Date: Revised 11/19/2014 TASK CONSULATANT FEES MANAGEMENT FEE TOTAL FEES A/E SERVICES Architectural $ 18,770.00 $ - $ 18,770.00 Structural Engineering $ 8,110.00 $ 154.00 $ 8,264.00 MEP Engineering $ 4,880.00 $ - $ 4,880.00 Civil Engineering $ 34,080.00 $ 2,407.00 $ 36,487.00 Environmental Engineering $ 22,150.00 $ 500.00 $ 22,650.00 Landscape Architecture $ 3,405.00 $ 300.00 $ 3,705.00 Cost Consultant $ 3,250.00 $ 300.00 $ 3,550.00 TOTAL A/E SERVICES Lump Sum Fees $ 94,645.00 $ 3,661.00 $ 98,306.00 CONSTRUCTION RELATED SEVICES Architectural $ 1,750.00 $ - $ 1,750.00 Structural Engineering $ 750.00 $ - $ 750.00 MEP Engineering $ 910.00 $ - $ 910.00 Civil Engineering $ 1,050.00 $ 100.00 $ 1,150.00 Landscape Architecture $ - $ - $ - NTE BIDDING PHASE $ 4,460.00 $ 100.00 $ 4,560.00 Architectural $ 10,260.00 $ - $ 10,260.00 Structural Engineering $ 1,580.00 $ - $ 1,580.00 MEP Engineering $ 1,820.00 $ - $ 1,820.00 Civil Engineering $ 2,970.00 $ 284.00 $ 3,254.00 Landscape Architecture $ 1,825.00 $ 150.00 $ 1,975.00 NTE CONSTRUCTION PHASE $ 18,455.00 $ 434.00 $ 18,889.00 Architectural $ 760.00 $ - $ 760.00 Structural Engineering $ - $ - $ - MEP Engineering $ 680.00 $ 50.00 $ 730.00 Civil Engineering $ 2,940.00 $ 285.00 $ 3,225.00 Landscape Architecture $ - $ - $ - NTE CLOSEOUT PHASE $ 4,380.00 $ 335.00 $ 4,715.00 TOTAL NTE CONSTRUCTION RELATED SEVICES $ 27,295.00 $ 869.00 $ 28,164.00 MEETINGS & COORDINATION Meetings $ 3,800.00 $ - $ 3,800.00 Coordination $ 5,000.00 $ - $ 5,000.00 TOTAL MTGS & COORDINATION Lump Sum Fees $ 8,800.00 $ - $ 8,800.00 NTE Reimbursables $ 2,000.00 $ - $ 2,000.00 TOTAL FEES $ 132,740.00 1 $ 4,530.00 1 $ 137,270.00 28 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Engine FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Memorandum of Agreement - Florida Department of Transportation Establishment a Florida Department of Transportation Global Positioning System (GPS) Reference Station at the Indian River County Utilities South County RO Water Treatment Plant located on Oslo Road, just east of South County Regional Park DATE: November 24, 2014 DESCRIPTION AND CONDITIONS The Florida Department of Transportation (FDOT) has requested permission to place a Global Positioning System (GPS) Reference Station at the Indian River County South County RO Water Treatment Plant located on Oslo Road, just east of South County Regional Park. This site is part of the existing Indian River County GPS network and is known as GPS Station "IRC 1." Our existing Indian River County GPS sensor (IRC 1) will be swapped with the new FDOT sensor. This FDOT sensor receives GPS data from the American and GLONASS satellites, this will allow for more accuracy of GPS measurements and all data will be available to County staff and the general surveying community. FUNDING Any expense associated with the placement and maintenance of this GPS station will be the responsibility of the FDOT per the attached agreement. RECOMMENDATION Staff recommends approving the Memorandum of Agreement and requests the Board of County Commissioners to authorize the Chairman to execute said Agreement on their behalf. ATTACHMENTS FDOT Memorandum of Agreement APPROVED AGENDA ITEM FOR: December 9, 2014 Indian River County Appro - Date Administration 1-- �ot ji/� Budget 7 ifs I i4 `11-26 Legal 1. : / I ! I - 2 %c./ Public Works , GtOW 61/ A4/ Engineering C //-Z"" -/ / F'\Engineering\David Schryver\Agenda items\IRC - FDOT Memorandum of Agreement.doc 29 RICK SCOTT GOVERNOR Florida Department of Transportation Surveying and Mapping Office 605 Suwannee Street MS -5L Tallahassee, Fl 32399-0450 850.414.7962 Memorandum of Agreement ANATH PRESAUD SECRATARY This Memorandum of Agreement is entered this day of , , between the State of Florida, Department of Transportation, an agency of the State of Florida, hereinafter called the "Department", and Indian River County, Florida, hereinafter called the "Agency". The Department desires to establish a statewide Global Positioning System (GPS) Reference Station Network for purposes of collecting geodetic GPS data, and the Agency consents to allow the Department to locate a Reference Station on its property, and in consideration of the mutual covenants, promises, and representations herein set forth, agree as follows: 1. The Agency hereby gives permission to the Department and its representatives, agents, and contractors, to enter the Agency's premises at: 1225 5t Street SW, Vero Beach, Florida 32962, hereinafter called the Project Site, to construct, maintain, and operate the GPS Reference Station, hereinafter called the Project, further described in Exhibit A, attached and incorporated by reference herein. 2. The Department shall be responsible for all costs for the construction, installation, maintenance, and operation of the Project described in Exhibit A. The Agency shall be held harmless and exempt of said responsibilities and, to the extent permitted by law, any damage to the equipment shown in Exhibit A. 3. Each party shall designate a representative to administer this Agreement, to receive or respond to notices or correspondences in relation to the Project at the Project Site. All notices or demands which may be given, made, or sent to the following representatives will be deemed to have been fully given, made, or sent when in writing and delivered to the other party by US Mail, facsimile transmission, courier service, or personal delivery: To the Department: John Krause, State Surveyor Address: 605 Suwannee Street Tallahassee, Florida 32399 To the Agency: David W. Schryver, County Surveyor Address: 1801 27th street (Building A) Vero Beach, Florida 32960 Any changes to the above representatives or address must be provided to the other party in writing. 4. The Agency shall provide written approval of the Project location on the Project Site. Party representatives will determine the location for the permanent antenna mount and equipment installation. 5. The Agency will assess no cost to the Department for the use of its premises for the Project. 6. The Agency will provide electrical service to the Project at no cost to the Department. 30 7. Authorized Department representatives, or contractors accompanied by a Department representative will be allowed to access the Project Site at all times. In the event access is needed after regular business hours, the Department shall provide reasonable notice, except in an emergency, notice reasonable under the circumstances will be provided. 8. The Department agrees to comply with all federal, state, and local laws applicable to this Project and the Agreement. 9. Either party may terminate this Agreement after thirty (30) days advance written notice to the other party. At the end of the time noticed, the Department shall, at its own expense, remove all detachable equipment from the Project Site. All items installed by the Department and described in Exhibit A shall remain the sole property of the Department. 10. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, wither verbal or written, between the parties hereto. The laws of the State of Florida shall govern this Agreement. 11. This Agreement shall remain in full force and effect until such times as the parties mutually agree in writing to its termination. 12. This Agreement shall be binding upon the successors, assigns, and legal representatives of the Department and the Agency. 13. This Agreement shall not be construed to afford any third party rights. Therefore, the parties have duly executed this Memorandum of Agreement on the day first above written. Indian River County, Florida State of Florida Department of Transportation By: Authorized Signature Printed Name: Wesley S. Davis Title: Chairman Indian River County Board of County Commissioners Attest: By: Authorized Signature Printed Name: John Krause Title: State Surveyor Attest: Name: Name: Ronald Hanson Title: Florida Permanent Reference Network Manager Title: APPROVED AS TO FORM AN i .A1_ s. E WILLIAM K. DEGRAAL DEPUTY COUNTY/TT Ok.[4E 31 Exhibit A > Choke Ring Antenna (fig. 1) > Global Positioning System Receiver (fig. 2) yl .4 iJ '� - _ ..aa 1.3 . x Pt ae, y 3 ti t b+F r t,hly5 . Figure 1 Figure 2 32 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET CONSENT AGENDA gF TO: Members of the Board of County Commissioners DATE: December 2, 2014 SUBJECT: Florida Department of Law Enforcement FY 2014/2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Certificates of Accepta .c ce FROM: Jason E. Brown Director, Management & DESCRIPTIONS AND CONDITIONS On August 19, 2014, the Board of County Commissioners approved the Applications for Funding Assistance from the Florida Department of Law Enforcement for the Multi -Agency Criminal Enforcement Unit (M.A.C.E.) and the Substance Awareness Drug Testing Program for fiscal year 2014/2015. Indian River County has received notification of the grant awards for the M.A.C.E. Program and the Substance Awareness Drug Testing Program. The Certificates of Acceptance, which constitutes official acceptance of the award, must be approved and received by the Department within thirty (30) calendar days from the date of the award and prior to the reimbursement of any project expenditures. For the current fiscal year (2014/2015), Indian River County was allocated $62,616 in federal grant funds, with no match requirement. The amount of $5,366 has been approved for the Substance Awareness Drug Testing Program and the balance of the award has been approved for the Multi -Agency Criminal Enforcement Unit (M.A.C.E.) in the amount of $57,250. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Certificate of Acceptance of Subgrant Award for the Multi -Agency Criminal Enforcement Unit Grant in the amount of $57,250 and the Certificate of Acceptance of Subgrant Award for the Substance Awareness Drug Testing Program in the amount of $5,366. 33 Board of Commissioners December 2, 2014 Page 2 of 2 ATTACHMENTS Letter from Florida Dept. of Law Enforcement Certificate of Acceptance of Subgrant Award Subgrant Award Certificate Notification APPROVED AGENDA ITEM: BY: _/ 7 Jose') r A. Baird ( County Administrator FOR: December 9, 2014 Indian River County Ap s ved Date Administrator %:.% yll'/ Legal P, . � 1 )-\\ABudget \ i 44 Department Risk Management 34 FELE Florida Department of Law Enforcement Gerald M. Bailey Commissioner NOV 2 4 2014 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable Peter O'Bryan Chairman Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re. Contract No. 2015-JAGC-INRI-1-R3-115 Dear Chairman O'Bryan• Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture RECEIVED DEC 0 2 2014 BOARD OF COUNTY COMMISSION The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 57,250.00 for the project entitled, MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2014-2015 These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements. Contract and grant information is also provided to the State of Florida Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. If this grant agreement contains confidential or exempt information not subject to disclosure under public records law, Chapter 119, F.S., (such as disclosure of equipment for certain undercover operations that may result in sensitive information on grant documents) please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and/or the Department of Justice before beginning project activities including• a sole source procurement in excess of $150,000; compensation for consultant services for rates in excess of $650/day ($81.25 per hour); publication plans, and purchase of automated data processing (ADP) equipment and software. A written request for approval is required if they are applicable to your project. You may also see a correlating special condition on your grant award in the Subgrant Information Management ON -Line (SIMON) system. We look forward to working with you on this project. Please contact Planning Manager Annamarie Whatley at (850) 617-1250 if you have any questions or we can be of further assistance. Sirpeetely, 17-- r Petrina Tuttle Herring Bureau Chief PTH/mk Enclosures Service • Integrity • Respect • Quality DEC 0 2 2014 35 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2015-JAGC-INRI-1-R3-115, in the amount of $ 57,250.00, for a project entitled, MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2014-2015, for the period of 10/01/2014 through 09/30/2015, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) Wesley S. Davis, Chairman (Typed Name and Title of Official) Indian River County Board of County Commissioners (Name of Subgrantee) December 9, 2014 (Date of Acceptance) APPROVEA 'i -o FORM AND LEGAL Y DIY YLAN REINGOLD COUNTY ATTORNEY 36 Rule Reference 11D-9.006 OCJG-012 (rev June 2012) SUBGRANT AWARD CERTIFICATE Subgrantee Indian River County Board of Commissioners Date of Award U V2 -i12.(4 Grant Period. From 10/01/2014 TO. 09/30/2015 Project Title MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2014-2015 Grant Number: 2015-JAGC-I NRI -1-R3-115 Federal Funds. $ 57,250 00 State Agency Match Local Agency Match: $ 0.00 Total Project Cost: $ 57,250.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161, and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111 Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P L. 90-351, as amended, and P L. 100-690 This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. i J G V t TT--�•[ /� Authorized Official Petrina Tuttle Herring Bureau Chief Date (:)/This award is subject to special conditions (attached) 37 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) / GENERAL COMMENT(S) Grantee. Office of Criminal Justice Grants Grant Number: 2015-JAGC-INRI-1-R3-115 Grant Title: MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2014-2015 In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s). Ref# S30210. Prior to the drawdown of federal funds, Indian River County must submit a current task force agreement signed by all participating agencies. Ref# S30213 Within 120 days of the award date, Indian River County must provide a letter signed by either the task force commander or the chief official of the lead agency of the task force documenting that all necessary personnel have completed the required task force training. Ref# S30214: Prior to the drawdown of federal funds, a Methamphetamine Mitigation Plan must be submitted to and approved by the Office of Criminal Justice Grants as described in the SFY2014 JAG Standard Conditions. This is to ensure Indian River County maintains compliance with Department of Justice and National Environmental Policy Act (NEPA) requirements for federally funded activities involving the identification, seizure, or closure of clandestine methamphetamine laboratories 38 FAL Florida Department of Law Enforcement Gerald M. Bailey Commissioner NOV 2 4 2014 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.ft.us The Honorable Peter O'Bryan Chairman Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Contract No. 2015-JAGC-INRI-2-R3-116 Dear Chairman O'Bryan. Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture DEC 0 2 2014 BOARD OF co TY coiviMISSION The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 5,366.00 for the project entitled, INDIAN RIVER COUNTY DRUG TREATMENT PROGRAM. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements. Contract and grant information is also provided to the State of Florida Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. If this grant agreement contains confidential or exempt information not subject to disclosure under public records law, Chapter 119, F S., (such as disclosure of equipment for certain undercover operations that may result in sensitive information on grant documents) please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure. Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and/or the Department of Justice before beginning project activities including: a sole source procurement in excess of $150,000; compensation for consultant services for rates in excess of $650/day ($81.25 per hour); publication plans; and purchase of automated data processing (ADP) equipment and software A written request for approval is required if they are applicable to your project. You may also see a correlating special condition on your grant award in the Subgrant Information Management ON -Line (SIMON) system. We look forward to working with you on this project. Please contact Planning Manager Annamarie Whatley at (850) 617-1250 if you have any questions or we can be of further assistance. Petrina Tuttle Herring Bureau Chief PTH/mk Enclosures J Service • Integrity • Respect • Quality •a DEC 0 2 2014 - w 39 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2015-JAGC-INRI-2-R3-116, in the amount of $ 5,366.00, for a project entitled, INDIAN RIVER COUNTY DRUG TREATMENT PROGRAM, for the period of 10/01/2014 through 09/30/2015, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) Wesley S. Davis, Chairman (Typed Name and Title of Official) Indian River County Board of County Commissioners (Name of Subgrantee) December 9, 2014 (Date of Acceptance) APPROVED AS TO FORM SND LEGAL SUFFiCIEiN SY YLA kEiNGOLD COUNTY ATTORNEY Rule Reference 11D-9.006 OCJG-012 (rev. June 2012) 40 SUBGRANT AWARD CERTIFICATE Subgrantee: Indian River County Board of Commissioners Date of Award: 11)201z6/44 Grant Period. From: 10/01/2014 TO: 09/30/2015 Project Title: INDIAN RIVER COUNTY DRUG TREATMENT PROGRAM Grant Number. 2015-JAGC-INRI-2-R3-116 Federal Funds: $ 5,366.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 5,366.00 CFDA Number: 16 738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official Petrina Tuttle Herring Bureau Chief fi2ci2 G1 try Date ( ) This award is subject to special conditions (attached) 41 Consent sent. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI Community Dev ent Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: November 25, 2014 SUBJECT: Review of the Affordable Housing Advisory Committee 2014 Incentives Review and Recommendation Report It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on December 9, 2014. DESCRIPTION AND CONDITIONS As part of HB 1375 which was enacted in 2007, the Legislature revised section 420.9076, F.S. to require that local governments establish a local Affordable Housing Advisory Committee (AHAC). On March 18, 2008, the Indian River County Board of County Commissioners (BCC) approved resolution 2008-038 to establish Indian River County's AHAC. According to state law, one of the principal responsibilities of the AHAC is to submit a report to the local governing body that includes a recommendation on or evaluation of the affordable housing incentives identified in items A through K of Section 420.9076 (4), F.S. (see page 2 of this staff report). Those incentives are incorporated into the county's Local Housing Assistance Plan (LHAP). Consistent with the provisions of section 420.9076 F.S., every three years AHAC must review the local government's established policies and procedures, ordinances, land development regulations, and comprehensive plan and must recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. The AHAC's review and recommendations are compiled into an incentives review and recommendation report that is presented to the BCC for approval. According to HB 1375, the first AHAC report approved by the Board of County Commissioners was due on or before December 31, 2008. 42 1 On November 18, 2008, the Affordable Housing Advisory Committee recommended approval of the county' s first AHAC Report. That report was then sent to the BCC for consideration on December 9, 2008. After approval by the Board, an electronic version of the report was sent to the Florida Housing Finance Corporation (FHFC). That submittal occurred in conjunction with the County's transmittal of its Local Housing Assistance Plan (LHAP) to the FHFC for review and approval. The LHAP was subsequently approved by the state. According to state law, the AHAC incentive report is required to be submitted to the FHFC triennially on December 31 of the year preceding the submission of the Local Housing Assistance Plan (LHAP) update. In compliance with that requirement, the second AHAC report was prepared, recommended for approval by AHAC, approved by the BCC, and submitted to the FHFC in 2011. Since the county's next Local Housing Assistance Plan is due to the state by May 2015, the new AHAC affordable housing incentives report (the third report), is due by December 31, 2014. In order to meet that deadline, staff has prepared the attached 2014 incentives review and recommendations report for the Board's approval. Now, the Board is to consider the draft 2014 AHAC report and is to approve the report as drafted or with modifications. ANALYSIS Section 420.9076 (4) F.S. requires that, at a minimum, the advisory committee (AHAC) submit a report to the local governing body (BCC) that includes recommendations on affordable housing incentives in the following areas: a. The processing of approvals of development order or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. b. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. c. The allowance of flexibility in densities for affordable housing. d. The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. e. The allowance of affordable accessory residential units in residential zoning districts. £ The reduction of parking and setback requirements for affordable housing. g. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. h. The modification of street requirements for affordable housing. i. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. j. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. k. The support of development near transportation hubs and major employment centers and mixed use developments. 43 2 In 2008 and 2011, the Indian River County Affordable Housing Advisory Committee reviewed Indian River County's existing affordable housing incentives as well as new affordable housing strategies and policies. Through that process, the AHAC reached consensus and provided direction to staff on the county's then existing and proposed strategies and policies. By assessing the county's affordable housing incentives and strategies, the AHAC addressed the affordable housing incentives referenced in items A through K of Section 420.9076(4) F.S. For each incentive, the report included a description, reference to existing county regulations, analysis, and recommendations. All recommendations of the previous AHAC reports were incorporated into the county's Comprehensive Plan and Land Development Regulations (LDRs). Recently, staff prepared a draft 2014 AHAC report. That AHAC report is a compilation and evaluation of the county's current affordable housing incentives, the incentives referenced in Section 420.9076(4) F.S., and affordable housing strategies and policies that were adopted by the county as part of the county's 2010 EAR based comprehensive plan amendments. As indicated in the draft 2014 AHAC housing incentives report, the county has already adopted and implemented all of the affordable housing incentives identified in items A through K of Section 420.9076(4)F.S. Staff's AHAC report analysis indicates that the county has successfully implemented incentives for providing affordable housing within the county. County affordable housing incentives have been in place for many years and have been used by not-for-profit housing organizations and for-profit affordable housing developers to provide affordable housing for county residents. On November 19, 2014, the Affordable Housing Advisory Committee (AHAC) met and reviewed the draft 2014 Incentives Review and Recommendation Report. The AHAC voted unanimously to recommend that the Board of County Commissioners approve the 2014 AHAC Report for submission to the FHFC. CONCLUSION Currently, Indian River County provides all eleven of the affordable housing incentives listed in items A through K of Section 420.9076 F.S. In the past, the adopted incentives have resulted in non- profit housing organizations and for-profit affordable housing developers providing affordable housing in the county. As structured, the AHAC report identifies the county's existing affordable housing incentives, provides an analysis of those incentives with respect to the incentives listed in items A through K of Section 420.9076 F.S., and includes a recommendation on each incentive. In the report, staff is recommending that the county maintain the adopted, existing incentives. RECOMMENDATION Staff and the Affordable Housing Advisory Committee recommend that the Board of County Commissioners approve the 2014 AHAC Incentives Report by adopting the attached resolution and direct staff to submit a copy of the report to the FHFC for review. 44 3 ATTACHMENT 1) 2014 AHAC Report 2) Resolution Approved Agenda Item: For: Cae n q , Zig Indian River Co. Approved Date Admin. /2/y Leal \.,, 1V-2-.4BudgetDept. zs//y Risk Mgr. -- F•\Community Development\SHIP\AHAC\AHAC 2014\BCC staff report for 2014 AHAC Report 12-9-2014.doc 4 45 Indian River County Affordable Housing Advisory Committee 2014 Incentives Review and Recommendation Report Community Development Department Indian River County 1801 27th Avenue Vero Beach, Florida 32962 (772) 226-1237 Approved by the Affordable Housing Advisory Committee at a Public Hearing on November 19, 2014 Approved by the Board of County Commissioners December 9, 2014 Resolution No. 2014 — A1TAaIMMT 1 F\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 1 46 INTRODUCTION With passage of HB 1375 in 2007, local governments that receive State Housing Initiatives Partnership Program funds were required to establish an Affordable Housing Advisory Committee (AHAC) by June 1, 2008. In Indian River County, the Board of County Commissioners created an Affordable Housing Advisory Committee on March 18, 2008. Triennially, each AHAC must review the local government's established policies and procedures, ordinances, land development regulations and comprehensive plan and must recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. In Indian River County, the first AHAC report was approved by the Board of County Commissioners on November 19, 2008. Following submission of the initial AHAC report, reports were required to be submitted triennially on December 31 of the year preceding the submission of the local government's Local Housing Assistance Plan (LHAP) update. Therefore, the second AHAC report was approved in December 6, 2011. Since Indian River County's next Local Housing Assistance Plan update must be submitted to the FHFC by May 2015, the county's AHAC report must be submitted by December 31, 2014. According to Section 420.9076 (4) F.S., each AHAC report must give recommendations on affordable housing incentives in the following areas: A. The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. C. The allowance of flexibility in densities for affordable housing. D. The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. E. The allowance of affordable accessory residential units in residential zoning districts. F. The reduction of parking and setback requirements for affordable housing. G. The allowance of flexible lot configuration, including zero -lot -line configurations for affordable housing. H. The modification of street requirements for affordable housing. I. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. K. The support of development near transportation hubs and major employment centers and mixed use developments. F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 2 47 BACKGROUND In February, 1990, the Indian River County Board of County Commissioners adopted the Indian River County Comprehensive Plan. In the Housing Element of that plan, Policy 1.3 stated: "An advisory committee shall be appointed by the Board of County Commissioners to provide additional guidance on county housing policies. Comprised of representatives of the housing industry, financial institutions, Housing Authority, and citizens, the committee shall be advisory and terminated upon acceptance of its final report. This committee shall submit a final report to the Board of County Commissioners by 1993..." Consistent with Housing Policy 1.3, the Board of County Commissioners, on March 5, 1991, created a fifteen (15) member Indian River County Affordable Housing Advisory Committee (Resolution No. 91-29). That committee was comprised of representatives of the housing industry, financial institutions, and the Housing. Authority, as well as citizens. In April 1993, the Affordable Housing Advisory Committee voted to adopt and transmit the Committee's Final Report to the Board of County Commissioners for its review and consideration. That final report was submitted to the Board of County Commissioners on May 25, 1993, and the original AHAC was then dissolved. In 1992, the Florida Legislature established the State Housing Initiatives Partnership (SHIP) program. The purpose of the SHIP program is to provide funds to local governments for the provision of affordable housing for qualifying households. In order to receive SHIP funds, the county was required to satisfy several requirements, including the creation of a Local Affordable Housing Advisory Committee to conduct a review of the county's regulations and to develop a Local Housing Incentive Plan. To obtain SHIP funds, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Program (Ordinance #93-13) in April 1993. Consistent with the requirements of Section 420.9076, F.S. and Section 308.07 of the County Code, the Board of County Commissioners created the county's second Affordable Housing Advisory Committee (AHAC) in 1993. The function of that committee was to review the County's Local Housing Assistance Plan and develop local housing incentive strategies. Once established, that committee worked with staff and fulfilled all of the requirements of Section 420.9076, F.S. On December 13, 1994, the Board of County Commissioners adopted the final Indian River County Affordable Housing Incentive Plan with resolution number 94-162. That plan which remains in effect includes many of the affordable housing incentives listed in paragraphs A through K of Section 420.9076(4) F.S. The second AHAC was dissolved in 2001. Since adoption of the affordable Housing Incentive Plan, the county's affordable housing incentives have been utilized by for-profit and non-profit housing developers and organizations to provide affordable housing within the county. Through those incentives, F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 3 48 3,206 affordable rental housing units have been constructed. Also, 1,597 income eligible individuals have received SHIP and HHR funds for the purchase of a home and/or for rehabilitation of their housing unit. Consistent with the 2007 legislature's directive, Indian River County established its current Affordable Housing Advisory Committee in March, 2008. The primary function of the AHAC is to prepare the triennial update of the County's Local Housing Incentives Report. In 2008 and 2011, AHAC prepared the County's update. This is the third Local Housing Incentives Report update. ANALYSIS In this section, each of the Chapter 420.9076(4), F.S. requirements, A through K, is addressed. For each of the requirements, current citations from the county's Comprehensive Plan and Land Development Regulations (LDRs) are provided. Each section also includes an analysis and recommendations. F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 4 49 A.The process of approvals of development orders or permits, as defined in s.163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. Section 163.3164(7), F.S. defines a development order as "any order granting, denying, or granting with conditions an application for a development permit." Section 163.3164(8), F.S. defines a development permit to "include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land". In Indian River County, permits for affordable housing projects are expedited to a greater degree than other projects. Established policies and procedures for expedited permitting are found in Policies 1.5 and 1.6 of the Housing Element. These policies read as follows: POLICY 1.5: By 2015, the county shall establish a web based permitting process. POLICY 1.6: The county shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval — 5 days; - Minor site plan — 5 weeks; - Major site plan — 6 weeks; - Special exception approval —13 weeks Whenever these review times increase by 150% or more due to the work load of review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. ANALYSIS: The county is in the process of establishing a full web -based permitting process. Currently, some permits can be applied for online. Some components of full web -based permitting are now available, and the remaining components should be in place by 2015. Consistent with Policy 1.6, the Community Development Department processes affordable housing projects ahead of all other projects. This has been done since 1994. For each affordable housing project application, planning staff notifies other reviewing departments that the application is an affordable housing project and must be reviewed ahead of all other projects. Overall, this process has worked well, with affordable housing projects identified upfront and reviewing departments expediting these project reviews. For major affordable housing projects, this process has saved applicants several weeks in application review/processing time. F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 5 50 RECOMENDATION: A, The county should maintain Housing Element Policy 1.5, regarding web based permitting, and Policy 1.6, regarding prioritizing the permit process review of affordable housing development projects ahead of all other projects. No other action is needed. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 6 51 B. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Impact fees and utility capacity charges are one time charges applied towards new construction to generate the revenues necessary to make capacity producing capital improvements. Overall, these impact fees and utility capacity charges increase the cost of housing. Legally, impact fees must be applied to all activities that create a demand for capital facilities. Consequently, impact fees cannot be waived or reduced without being subsidized from another revenue source for a justifiable reason. Consequently, there are methods of fee payment to assist income eligible persons with the cost of impact fees and /or utility capacity charges. Currently, Indian River County provides SHIP program loans and grants of up to $20,000.00 per unit to income eligible households for the cost of impact fees and utility capacity charges for new units. The county also provides SHIP loans and grants for existing units to connect to the county regional water and wastewater system. To obtain SHIP impact fee funds, applicants must execute loan or grant agreements with the county, indicating that they will comply with the county's Local Housing Assistance Program's requirements. Those loans or grants are limited to income eligible households in the Very low Income (VLI) (not to exceed 50% of the county's median income), Low Income (LI) (51-80% of county's median income), and moderate income (MI) (between 81-120% of the county's median income) categories. Besides providing impact fee loans and grants, the county also provides financing of water and sewer capacity charges for new units and existing units connecting to the county regional system. The following policies from the Housing Element of the Comprehensive Plan provide for financial assistance for payment of impact fees and connection charges for affordable housing units. POLICY 4.3: The county shall maintain its current policy of financing water and sewer capacity charges for newly constructed housing units. POLICY 4.4: The County shall maintain its Housing Trust Fund which provides below-market interest rate financing and/or grants for land acquisition, downpayment/closing cost loans, impact fee%apacity charges payment loans, and rehabilitation loans for affordable housing units in the county. The fund will also assist non-profit facilitators with pre -development expenses associated with very low, low, and moderate income housing development. Some disbursements from the Housing Trust Fund will be grants, but the majority of funds will be revolving loans, with borrowers paying back principal and applicable interest into the trust, therefore ensuring a permanent source of financing. ANALYSIS: Impact fees and utility capacity charges are needed to provide revenue for constructing capacity producing capital improvements necessary to accommodate growth. Overall, impact fee revenue partially funds construction of major roadways, libraries, schools, parks, correctional facilities, fire/ems facilities, law enforcement facilities, solid waste F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 7 52 facilities, and public buildings, and capacity charges fund expansion of the county's regional water and sewer system. Because those fees are based on fairshare payments by the people benefiting from the capital improvements, impact fees and utility capacity charges cannot be waived or reduced for any individual group or category of construction. On the other hand, those fees increase the cost of housing and put a burden on the production of affordable housing projects. To lessen the impact of those fees on affordable housing projects, the cost of impact fees may be paid by other funding sources. Waiving impact fees does not eliminate the cost of the infrastructure that the impact fees are designed to pay for. Either new development or existing residents must pay the cost of needed infrastructure improvements. If new development, which puts additional demand on county facilities, does not pay its fair share of infrastructure cost through impact fees, then existing residents will have to pay those costs through higher fees or taxes. While waiving or reducing impact fees without a justifiable subsidy is not legal, impact fees for affordable units may be paid from other funding sources. Consistent with that allowance, the county provides impact fee loans and grants to extremely low, very low, and moderate income households thorough the SHIP program. In the past, the county has provided impact fee grants and loans to eligible households as part of several CDBG neighborhood revitalization and housing projects. Also, the county provides impact fee loans associated with new home construction to all Habitat for Humanity clients. In addition, the county provides impact fee grants and loans to eligible individuals needing to connect to the county water or sewer system. Overall, the county has provided many SHIP impact fee grants/loans to eligible households. Since this program has been successful, the county should keep its SHIP Program impact fee assistance strategy for income qualified households. Since 2009 the county has suspended payment of several impact fees, thus reducing impact fee costs for new developments and new housing units. 2013/2014 impact fee study has also revised and reduced many impact fees. RECOMENDATION: The county should maintain Housing Element Policy 4.3 and Policy 4.4, regarding financing of impact fees, payment of impact fees, and payment of water and wastewater capacity charges for income eligible households through SHIP funds. ' BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 8 53 C.The allowance of flexibility in densities for affordable housing. Within Indian River County, the future land use map and zoning district designations establish a maximum density or intensity for all properties. Overall, density is an important factor in forming the character of a community and the preferred lifestyle of its residents. While higher densities may result in lower housing costs, higher across the board densities do not always translate into lower housing prices. Consequently, the preferred method for reducing housing costs through increased density is to provide affordable housing density bonuses associated with affordable housing projects. Currently, Housing Policy 2.5 and LDR Section 911.14(4) provide affordable housing projects an up to a 20% density bonus over the maximum density established by the underlying land use designation. Currently, Housing Element Policy 2.5 and Section 911.14(4) of the LDRs provide for affordable housing density bonuses. Section 971.41(9) of the LDRs provides for small lot subdivisions for affordable housing. POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned development projects, allowing eligible affordable housing projects with a market value of affordable housing units not to exceed 2 1/2 times the county's median income, to receive up to a 20% density bonus based on the following table. Very Low Income (VL1) and Low Income (LI) Affordable Units as Percentage of Project's Total Units Density Bonus (Percent increase in allowable units). Additional Density Bonus for Providing Additional Buffer and Landscaping based on one of the following options (percent increase in allowable units) Range of Possible Density Bonus Percentage (Percent increase in allowable units) Option I Option II Material equal to a 20' wide Type C buffer* with 6' opaque feature along residential district boundaries and 4' opaque feature along roadways Material equal to a 25' wide Type B buffer* with 6' opaque feature along residential district boundaries and 4' opaque feature along roadways More than 30% 10% 5% or 10% 10-20% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations The county's current median income is $54,700.00. F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 9 54 The County's Affordable Housing Density Bonus Provisions are Codified in Section 911.14(4) of the LDRs (See Attachment 1). Another option to increase affordable housing project yields is the county's small lot subdivision allowance. Although the county's small lot subdivision regulations, section 971.41(9) of the county's land development regulations, do not have an allowance for density bonuses, the smaller lot configuration allows for more lots to be created. While a standard RS -6 parcel (single family residential up to 6 units per acre) has a minimum lot size of 7,000 square feet, the small lot subdivision regulation allows for lot sizes to be reduced to 5,000 square feet. While standard RS -6 zoning typically yields about 2.5 to 3 units per acre, a small lot subdivision can yield up to 5 units per acre. The county's Small Lot Subdivision for Affordable Housing Projects are Codified in Section 971.41(9) of the LDRs (See Attachment 2). ANALYSIS: The allowance of an up to 20% density bonus for affordable housing projects and the county's small lot subdivision provision provide for the development of affordable housing projects with higher densities and/or higher yields. Those provisions are appropriate tools for providing density increases for affordable housing projects. General density increases, however, are not acceptable in Indian River County and may not result in less expensive homes. RECOMENDATION: The county should maintain its affordable housing density bonus and small lot subdivision provisions for affordable housing projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes hi] No ID F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 10 55 D.The reservation of infrastructure capacity for housing for very low income persons, low income persons, and moderate income persons. Consistent with state law, the Indian River County Comprehensive Plan provides that no development, including housing development, shall be approved unless there is sufficient infrastructure capacity or capacity funding available to serve the development. These requirements are contained in Chapter 910, Concurrency Management System, of the county's LDRs. This concurrency management requirement serves as the principal mechanism for ensuring that growth is managed in a manner consistent with the provisions of the comprehensive plan. In Indian River County, there are two types of concurrency certificates. One is a conditional concurrency certificate. A conditional concurrency certificate indicates that, at the time of conceptual development approval, there is sufficient capacity to accommodate the development. Conditional concurrency, however, does not require payment of impact fees and water and sewer capacity charges and does not vest, or guarantee, that capacity will be available at the time of building permit issuance. The second type of concurrency is initial concurrency. Initial Concurrency requires payment of impact fees and water and sewer capacity charges and vests (reserves capacity for) the development. In Indian River County, initial concurrency certificates vest capacity for the duration of the concurrency certificate, either one (1) year, three (3) years, or seven (7) years. According to county regulations, initial concurrency certificates may be issued only to projects with approved site plans or complete Land Development Permit applications. To obtain an initial concurrency certificate, an applicant must pay all applicable impact fees, as well as water and sewer capacity charges, in advance of development. This then vests the project and guarantees that adequate infrastructure will be available for the project at the time of building permit issuance. The vesting will last for the duration of the concurrency certificate and will expire at the end of the concurrency certificate timeframe. After issuance of an initial concurrency certificate, an applicant must obtain all building permits associated with the initial concurrency certificate and pursue development to completion by obtaining a Certificate of Occupancy (CO). ANALYSIS: Reserving infrastructure capacity upfront for a project is important if there are deficiencies in concurrency related facilities. In Indian River County, there currently is sufficient capacity in all concurrency related facilities to accommodate development projects. Therefore, reserving capacity upfront is not a critical issue at this time. As development activity increases in the future, however, capacity may become an issue. When that occurs, reserving capacity for a project may become an actuality. Reserving capacity for one project means that the capacity reserved for the project is not available for other projects. For that reason, the county requires that an applicant pay all impact fees and utility capacity charges in order to reserve capacity, thereby ensuring that the F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 11 56 county has the funds to construct the increment of capacity consumed by the applicant's project. RECOMENDATION: The county should maintain its current concurrency management procedures which allow for upfront reservation of infrastructure capacity. Like other applicants, affordable housing applicants may apply for an Initial Concurrency Certificate and reserve infrastructure capacity upfront. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [i] No El F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 12 57 E. The allowance of affordable accessory residential units in residential zoning districts. Through its land development regulations, Indian River County permits the construction of small dwelling units (second unit) as accessory to single family houses on a residentially zoned property. This regulation is intended to make inexpensive dwelling units associated with a primary residence available to low income households. Following is the applicable LDR section for accessory dwelling units. Section 971.41(10) of the LDRs Accessory Dwelling Unit : a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of section 971.41(10). The standards and requirements of this section are intended to make available inexpensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that housing costs continue to increase, that households continue to decline in size, and that the number of elderly Americans is on the rise. (b) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-3 A-2 A-1 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 Con -2 Con -3 Rose -4 RMH-6 RMH-8 I Requirements of section 971.41(10) shall not supersede property owner deed restrictions. (d) Additional information required: 1. A site plan conforming to Chapter 914 requirements. e) Criteria for accessory dwelling units: 1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district. 2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be developed in conjunction with or after development of the principal dwelling unit. 3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a principal dwelling unit 4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit. 5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33) percent of the heated/cooled gross floor area of the principal structure or seven hundredfifty (750) gross square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area. 6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the principal dwelling unit. Z Detached accessory dwelling units shall be located no farther than seventy-five (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit. 8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior facade material is similar in appearance to the facade of the existing principal structure. F \Community Development\SHIP\AHAC\AHAC 2014WiAC 2014 report.doc 13 58 9. One (1) off-street parking space shall be provided for the accessory dwelling unit in addition to spaces required for the principal dwelling unit. 10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the environmental health department's well and septic tank and drainfield requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when we!! and/or septic tank facilities would be required to service development on those adjacent properties. ll. No accessory dwelling unit shalt be sold separately from the principal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity of title document. 12. An accessory dwelling unit shall be treated as a multi family unit for traffic impact fee and traffic concurrency purposes, and the concurrency requirements of Chapter 910 for a multi family unit shall be satisfied. ANALYSIS: On September 29, 1992, the Board of County Commissioners adopted the county's accessory dwelling unit provision. In Indian River County, accessory dwelling units are allowed in all residential zoning districts. In addition to allowing for these smaller units, Section 971.41(10) of the county's land development regulations establishes specific land use criteria to regulate the size, location and appearance of these units and prevent over crowding. Even though the county has allowed accessory dwelling units since 1992, these type of units were not popular until 2004, when the price of land and housing started to increase. When housing affordability became an issue, more people started looking at ways to create affordable housing units. One method was to build more accessory dwelling units. These types of units are appropriate as affordable housing units. RECOMENDATION: The county's accessory dwelling unit provision is appropriate and should be maintained. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 14 59 F. The reduction of parking and setback requirements for affordable housing. As structured, the county's Land Development Regulations establish minimum setback and lot size requirements for both single family residential zoning districts and multiple family residential zoning districts. These setback requirements provide a standard separation between houses and between houses and roadways. For affordable housing projects, the small lot subdivision provisions of section 971.41 of the LDRs allow for a reduction of lot size and building setbacks for single family homes. In the RS -6 zoning district, for example, single family homes are required to have a minimum lot width of seventy (70) feet. With small lot subdivisions, however, lots having a minimum width of only fifty (50) feet and reduced side yard setbacks seven (7) feet can be created. While rear yard setbacks are reduced from 20 feet to 15 feet, the minimum front yard setback on all single family homes from the edge of right-of-way is twenty (20) feet. This setback distance allows for cars to be parked in the driveway and not block the sidewalk or impede pedestrian movement. For residential uses, the county requires two parking spaces for each dwelling unit. This requirement is detailed in section 954.05(56) and is as follows: Section 954.05(56) Single-family dwellings and duplexes. Two (2) spaces for each dwelling unit; single- family dwellings and duplexes shall be exempted from all other requirements in subsection 954.07(4) and 954.10. Uncovered parking spaces shall be exempted from the front yard setback requirements. ANALYSIS: To ensure health and safety, all residential development must meet current minimum parking and setback requirements for the appropriate zoning district as established in the county LDRs. For example, the county's 20 foot minimum front yard setback provides enough distance, but not an excessive distance, for parking a vehicle in a driveway without the vehicle projecting into the sidewalk. Reducing or eliminating parking requirements would force residents to park in roadway rights-of-way. This could create safety issues unless minimum mandatory right-of-way widths are increased (which would reduce lot depth and area). Generally, reduced setbacks for affordable housing projects are appropriate, because reduced setbacks can increase yield and reduce housing prices. In Indian River County, the small lot subdivision allowances provide for reduced lot sizes, as well as reduced side yards and reduced rear yards setbacks, for affordable housing projects only. F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc '15 60 RECOMENDATION: The county's current parking requirements are appropriate and should be maintained. Through its small lot subdivision allowance, the county provides for appropriate reduced setbacks for affordable housing projects. This small lot subdivision allowance should be maintained. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [i] No ❑ F•\Community Development\SHIP\AHAC\AHAC 2014\A1 -IAC 2014 report.doc 16 61 G. The allowance of flexible lot configuration, including zero lot line configurations for affordable housing. Currently, the Board of County Commissioners may grant waivers from the residential development standards found in Chapter 911 of the LDRs through the Planned Development (PD) process established in Chapter 915 of the county LDRs. If granted, these waivers can allow for development of small lot configuration, zero lot line and reduced setback projects. The waiver criteria for the PD process are found in section 915.15 of the LDRs and are provided below. Section 915.15. Planned development allowable waivers and development parameters. (1) Conceptual P.D. plans shall list, for all areas and phases within the P.D. project area, the proposed waivers and development parameters for the following: a. Minimum lot size (in square feet); b. Minimum lot width (in feet); c. Minimum lot frontage (in feet); d. Minimum yard setbacks for buildings: front, rear, and side; e. Minimum yard setbacks for accessory structures (such as pools, patios, and decks); front, rear, and side; f Maximum lot coverage; building(s) and impervious surface area; g. Minimum separation distances between buildings; h. Minimum right-of-way widths (by road type); I. Minimum open space per lot and by phase [Note: The minimum open space for the entire project shall meet or exceed the requirements of section 915.181 j. Minimum preservation/conservation area per lot Note: more conceptual plan submittal requirements are listed -out in section 915.22 (2) Notwithstanding other provisions in this chapter (915) and Chapter 971, specific land use criteria listed in Chapter 971 may be waived (modified or not applied) where such criteria would merely apply to the compatibility of uses within the P.D. project area if approved by the county. Where specific land use criteria apply to the relationship of a use(s) within a P.D. project and properties adjacent 10 the project area, the specific land use criteria shall apply pursuant to the provisions of chapter 971. (3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in section 915.15(1) shall apply unless otherwise specifically waived or modified by other provisions of this chapter. ANALYSIS: Generally, the PD process serves as a mechanism whereby the county can approve projects with reduced setbacks and/or mixed uses. The advantage of using the PD process instead of traditional zoning is that an applicant can increase or at least maximize his development project's density. In the PD process, however, there are development required trade-offs, such as additional landscaping, which are required to gain the waivers for smaller lots and higher yield. These trade-offs can have the effect of off -setting any housing unit price reductions due to increasing yield. The county's small lot subdivision allowance, however, provides for specific reduced lot sizes, and setbacks without requiring any specific waivers. F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 17 62 RECOMENDATION: The county should maintain its existing PD process which allows for waivers from conventional zoning standards (setbacks, lot size, etc.) as an available option for residential development projects. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes ['1] No ❑ F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 18 63 H. The modification of street requirements for affordable housing. As adopted, the county's existing sidewalk and street requirements provide for minimum construction standards to ensure public safety. According to section 913.09(b)(1) (Subdivisions and Plats) of the LDRs, all subdivisions must comply with the minimum standards set forth in Chapter 952 (Traffic). While Chapter 952 sets the minimum right- of-way width for a Local or residential street at 60 feet, the minimum right-of-way width may be reduced to 50 feet if the street is constructed with a curb and gutter drainage system. In both cases, however, minimum lane widths remain the same at 11 feet. Although there is a higher cost associated with curb and gutter construction than with swale drainage, the reduction in the amount of right-of-way can produce a higher yield for a project. These street right-of-way requirements can be modified through the Planned Development (PD) process. Following is the county's current minimum right-of-way requirement. 913.09(b)(1) Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as stated in Chapter 952, Traffic, of the LDRs. The board of county commissioners may require the increase of right-of-way and pavement widths if it finds that the modification in width is consistent with the projected traffic needs and good engineering practice. No variance will be granted on minimum right-of-way widths for public streets. Right-of-way widths for one-way streets may be reduced from the above standards as approved by the public works director. ANALYSIS: As structured, the county's minimum street right-of-way width requirements are based on the minimum area needed to accommodate the various improvements that must be located in the right-of-way. Besides travel lanes, sidewalks, and drainage facilities, these improvements include water and sewer lines, gas lines, phone lines, cable lines, and others. Since the referenced improvements must be provided for in the road right-of- way, the county has determined that the minimum right of way width generally must be 60 feet for swale drainage roads and 50 feet for curb and gutter roadways. Reductions in those widths, however, may be accommodated via special designs approved through the County's PD (Planned Development) process. Because the county's minimum local road right-of-way width requirement may be modified through a PD process, when warranted, the county accommodates the subject incentive. RECOMENDATION: The county's current street right-of-way general requirements are appropriate to ensure public safety, and the County's current allowance for modifications through the PD approval process should be maintained. F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 19 64 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 20 65 I. The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Currently, Policy 1.7 of the Housing Element of the Comprehensive Plan requires that a financial impact statement be provided to appropriate advisory committees as well as to the Board of County Commissioners prior to the adoption of any new county regulation that may increase the cost of housing. Below is Policy 1.7 of the Housing Element of the Comprehensive Plan which details the adoption process for county regulations that may increase the cost of new housing. POLICY 1.7: As part of the adoption process for any county regulation which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit for the development of housing, the Financial Impact Statement shall include an estimated increased cost per unit projection. The financial impact statement then will be reviewed by the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. ANALYSIS: Since 1994, staff has prepared Financial Impact Statements for all proposed new regulations impacting housing costs. By providing Financial Impact Statements of proposed regulations to decision -makers before the adoption of those regulations, planning staff ensures that decision -makers consider the costs as well as the benefits of proposed new policies, ordinances, and regulations. While these Financial Impact Statements do not prevent the Board of County Commissioners from adopting new regulations, the statements do provide the Board with an additional tool to measure the effect of proposed regulations. RECOMENDATION: The county's current process of providing Financial Impact Statements to the Board of County Commissioners prior to adoption of any new regulations, ordinances, policies, procedures, or plan provisions that may increase the cost of affordable housing should be maintained. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 reportdoc 21 66 J. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. In 2006, the Florida State Legislature passed HB 1363 relating to affordable housing. One provision of that bill was that each local government must prepare an inventory of all real property that it owns within its jurisdiction that is appropriate for use as affordable housing. Beginning in July 2007 then every 3 years thereafter, Indian River County needs to prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title and is appropriate for use as affordable housing. At a public hearing on June 19, 2007, the Board of County Commissioners reviewed an inventory list of 2007 county owned properties. The Board then adopted a resolution that included an inventory list of county owned properties that are appropriate for affordable housing. With respect to those properties, the Board of County Commissioners decided to donate the parcels to non-profit housing organizations for the construction of permanent affordable housing. Consistent with the legislature's three year review requirement, the Board of County Commissioners, in 2010, and 2013 reviewed associated inventory list of county owned properties appropriate for the provision of affordable housing. At those times, the Board decided to sell surplus properties and deposit the sale proceeds into the county's affordable housing trust fund. Comprehensive Plan Housing Element Policy 2.4 provides for maintaining an inventory of all surplus county -owned land and making those lots available to housing developers. POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S., maintain an inventory of all surplus county -owned land and foreclosed properties that are appropriate for affordable housing and dispose of these properties consistent with section 125.379 F.S. requirements. ANALYSIS: Consistent with state law, the Board of County Commissioners, in 2007, reviewed and approved an inventory list of county owned properties. Of all the properties on that list, ten were determined to be appropriate for affordable housing. The county then donated eight of these properties to non-profit affordable housing organizations for the construction of permanent affordable housing units. The non-profit housing organizations which received the donated lots were: Habitat for Humanity, Every Dream Has a Price, and the Coalition for Attainable Homes. Donating county owned surplus lands to non-profit housing organizations will reduce the cost of affordable housing units on the donated properties and is an appropriate affordable housing tool. In 2010 and 2013, the county reviewed and approved associated inventory list of county owned properties. The board determined properties to be surplus and county directed staff to sell those properties and deposit the proceeds to the county's affordable housing trust fund. F•\Community Development\SH1P\AHAC\AHAC 2014\AHAC 2014 report.doc 22 67 RECOMENDATION: Policy 2.4 of the Housing Element should be maintained, and the county should continue to keep a list of county owned surplus properties appropriate for affordable housing and disposing of those properties. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes ['I] No ❑ F:\Community Development\SHIP \AHAC\AHAC 2014\AHAC 2014 report.doc 23 68 K. The support of development near transportation hubs and major employment centers and mixed use developments. In Indian River County, the Future Land Use Map (FLUM) identifies areas appropriate for residential development and the appropriate density for those areas. The objective of the FLUM is to create a land use pattern that situates residential development in close proximity to schools, health care facilities, employment centers, and major roadways. Policy 1.9 of the housing element provides support of development near transportation hubs, major development centers, and mixed use developments. The policy reads as follows: Policy 1.9: The county shall support housing development near transportation hubs, major employment center, and mixed use development by expediting the permit process for these types of housing projects. ANALYSIS: In Indian River County, the future land use map is an important tool in establishing appropriate locations for residential development. Generally, the map provides for residential development to be located near compatible land uses, existing neighborhoods, and proximate to public transportation, major employment centers, and community services. Ideally, affordable housing projects should be located near employment centers and transportation hubs for additional savings in terms of transportation cost and travel time. For that reason, the county supports locating affordable housing developments near transportation hubs, major employment centers and mixed use developments by expediting the permit process for these types of housing projects. RECOMENDATION: The county should maintain housing element policy 1.9 for support of residential developments to be located near transportation hubs, employment centers, and mixed use developments by expediting permit review for these types of developments. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes hi] No ❑ F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 24 69 Other Housing Strategies Besides the affordable housing incentives listed in paragraphs A through K of Section 420.9076 F.S., the county has established several other policies to assist non-profit housing organizations to provide affordable housing throughout the county. Community Land Trust (CLT) Policy 4.10 of the Housing Element reads as follows: Policy 4.10: the county shall assist non-profit housing organizations in establishing Community Land Trusts (CLT) by providing technical support to those organizations. One tool to provide homeownership opportunities to households that would otherwise be renters is a Community Land Trust. A Community Land Trust (CLT) is a nonprofit organization that seeks to preserve housing affordability over the long term. By selling homes to low or moderate income families, but retaining ownership of the land under those homes, a CLT preserves housing affordability even after an affordable housing unit is sold. Generally, a CLT leases a land parcel to a homeowner for 99 years, while the homeowner owns the structure on the land. In the land trust model, buyers of land trust homes agree that, when they move, they will sell their home to another low or moderate income family at an affordable price. Consequently, resale of CLT units is limited to income eligible households, and resale prices are limited to keep CLT units affordable for the next homebuyer. By owning the land under the house, the land trust ensures that the subsidy is retained for the benefit of subsequent families. Therefore, the owner of a CLT unit may share in the equity produced by the sale of a CLT unit, but will not realize a market rate of return. According to the Central Florida Workforce Housing Toolkit, some of the most established CLT's are Durham, North Carolina; Burlington, Vermont; The New Town, Tempe, Arizona; Sawmill, Albuquerque, New Mexico; Middle Key, Florida; and Hannibal Square, Winter Park, Florida. Generally, CLTs are used: ■ In fast-growing areas, where the price of real estate is escalating rapidly. They can be used in gentrifying areas to preserve a community's character. Limits on resale prices ensure that some housing remains affordable, even in these areas. • In disinvested neighborhoods, where CLTs can be used to increase owner occupancy, decrease absentee ownership, improve the physical condition of housing and stabilize the community. Such CLTs assist not only the buyers of the CLT homes, but also existing homeowners in the area, who likely are lower income families. F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 25 70 • In expensive resort communities, where CLTs can provide housing for the community's workers. Benefits: Issues: Provides permanent stock of affordable & workforce housing Lowers housing cost Provides some return of equity Provides for deduction of mortgage interest payments Provides financial stability (no fear of rent increase) No cost to the county Better for a household than renting, but not as good as traditional home ownership Resale restriction limits ability of the owner to utilize full equity Resale formula must be prepared carefully to provide some benefit to homeowner without making the house unaffordable for the next homebuyer Mechanics of resales (direct sale or through CLT) are complicated and must be established upfront Payment of ad valorem taxes and insurance are additional costs that an owner of a CLT home must incur that a renter does not Conclusion: A CLT is an effective method of providing affordable homeownership opportunities. Although CLTs are generally established by private non-profit groups, local governments usually assist non-profit housing groups which are willing to form CLTs. This assistance may involve providing technical assistance, providing surplus properties appropriate for affordable housing and others. RECOMENDATION: The county should maintain Housing Element policy 4.10 for assisting non-profit housing organizations seeking to establish a CLT. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [J] No ❑ F\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 26 71 Private/Public Housing Trust Fund Policy 4.13 of the Housing Element reads as follows: Policy 4.13: The county shall create a new private/public housing trust fund Generally, Housing Trust Funds are established through an ordinance or legislation passed by a county, city, or state legislature. Two steps are necessary to create a Housing Trust Fund. First, a revenue source must be dedicated to the Housing Trust Fund, or other obligations (e.g., developer extractions) that create revenue must be established. Second, the Housing Trust Fund must be created as a separate and distinct entity that can receive and disburse funds. Currently, the county has a housing trust fund for SHIP program funds and an HHR trust fund for HHR program funds. A private/public housing trust fund may be established by a city or county to collect public and private funds that may be used to assist income eligible households with the provision of affordable housing. A private/public trust fund would be separate from a SHIP trust fund. Benefits: Issues: Can provide gap financing (low interest loan or grant) No cost to the county, unless the county decides to contribute to the trust fund Local governments that cannot provide affordable housing within their jurisdictions could contribute to a trust fund Could be used as match to get other federal or state funds Additional funding for provision of Affordable or Workforce Housing (gap financing or leveraging other funds). No major issues Conclusion: Establishing a private/public housing trust fund could facilitate the provision of more affordable housing. Within Indian River County, high cost barrier island towns that cannot provide affordable housing within their jurisdiction could contribute to a private/public affordable housing trust fund. Also, private parties, businesses, and developers could contribute money to this trust fund. RECOMENDATION: The county should maintain Housing Element policy 4.13 for its current SHIP trust fund and ' in support of other trust funds that may be established in the future. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes ['i] No ❑ F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 27 72 Community Development Corporation (CDC) Policy 4.11 of the Housing Element reads as follows: Policy 4.11: The county shall assist non-profit organizations in establishing Community Development Corporations (CDC) by providing technical support to those organizations. Community Development Corporation (CDC) is a broad term referring to not-for-profit organizations incorporated to provide programs, offer services, and engage in other activities that promote and support a community. CDCs usually serve a geographic location such as a neighborhood or a town. They often focus on serving lower-income residents or struggling neighborhoods. They can be involved in a variety of activities, including economic development, education, and real estate development. These organizations are often associated with the development of affordable housing. Activities: • Real estate development - affordable housing • Economic development -small business lending -small business technical assistance -small business incubation (i.e. provision of space at low or no cost to start-up businesses) • Education -early childhood education -workforce training • Non profit incubation • Youth and leadership development • Advocacy • Community Planning • Community Organizing Benefits: Facilitates development of affordable or workforce housing Advocates for affordable housing No cost to the county Issues: No major issues Conclusion: An active CDC can assist with the provision of affordable housing. RECOMENDATION: The county should maintain policy 4.11 of the Housing Element for providing assistance to any not-for-profit organization proposing to form a CDC. F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 28 73 BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes [4] No ❑ F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 29 74 Employer Assisted Housing Policy 4.12 of the Housing Element reads as follows: Policy 4.12: The county shall assist employers with establishing employer assisted housing projects by providing technical support to those employers. Employer Assisted Housing (EAH) is an initiative where employers can assist their employees in purchasing a home; in exchange, the employer is guaranteed that the participating employee will remain with the firm for a designated period of time. The employee benefits as he/she receives substantial assistance in obtaining a home. The employer benefits as the program is an effective recruitment tool and aids in the retention of employees. Employers who wish to assist employees with housing can undertake any number of activities, including: providing (or partnering with another agency to provide) homeownership education and counseling services; providing down payment assistance, closing cost assistance and/or second mortgage financing as grants, low or no -interest loans or forgivable loans; offering an employee a savings plan with the employer making a matching contribution; providing a mortgage guarantee to assist employees with securing financing; or acquiring property to rent to employees, either at market or subsidized rates. Employer assisted housing programs generally are used in areas where housing prices are high and/or unemployment is low, and in areas where one employer is dominant. Benefits: Provision of affordable or workforce housing Effective recruitment and retention tools for large private and public employers Issues: Additional cost to employer Conclusion: Employer assisted housing is an effective program for employers to provide affordable housing for workers and to retain those workers for longer periods. RECOMENDATION: The county should maintain Housing Element policy 4.12 for assisting employers with establishing an employer assisted housing program. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes ['1] No ❑ F•\Community Development\SHIP \A1-IAC\AHAC 2014\AHAC 2014 report.doc 30 75 New Construction Technologies Policy 1.8 of the Housing Element reads as follows: Policy 1.8: The county shall expedite permits for housing projects utilizing new construction technologies, including green building programs and Energy STAR® Program. New construction technologies (such as modular homes, etc.) and new green building programs may be utilized for the provision of affordable housing. In some cases, new construction technologies can expedite the construction of new affordable homes and be more cost effective. Benefits: Issues: Decreases housing cost Expedites housing production None Conclusion: This is an effective way of reducing housing cost. Currently, the county allows new construction technologies, including green building programs, and expedites permits for affordable housing projects. RECOMENDATION: The county should maintain Housing Element policy 1.8 for expediting permits for affordable housing projects utilizing new construction technologies and green building programs. BOARD OF COUNTY COMMISSIONERS ACTION: Board of County Commissioners Approval of the AHAC Recommendation Yes ['] No 0 F•\Community Development\SHIP\AHAC\AHAC 2014AHAC 2014 report.doc 31 76 CONCLUSION Since adoption of the County's Comprehensive Plan Housing Element in 1990, adoption of the County's Affordable Housing Incentive Plan in 1994, and then adoption of the County's EAR based amendments in 2010, the county has established and maintained a number of affordable housing incentives. As such, Indian River County currently provides ten of the eleven affordable housing incentives listed in items A through K of Section 420.9076(4) F.S. For reasons explained in the analysis, the item H incentive relating to modification of street requirements has not been adopted and is not recommended for adoption. In the past, the county's ten adopted affordable housing incentives have worked well in encouraging non-profit housing organizations and for-profit affordable housing developers to provide affordable housing. 1 The table below provides a summary of recommendations for items A through K of Section 420.9076, F.S. F•\Community Development\SHIP\AHAC\AHAC 2014\MAC 2014 report.doc 32 77 Housing Incentives Summary Recommendation Maintain Housing Element Policy 1.5 for establishing web based online permitting process Maintain Housing Element Policy 1.6 for expedited affordable housing projects and permits Maintain Housing Element Policy 4.4 regarding payment of impact fees and utilities capacity charges for income eligible households with SHIP funds Maintain Housing Element Policy 4.3 for financing water & sewer capacity charges Maintain county's affordable housing density provision established in Policy 2.5 of the Housing Element and LDRs - Maintain current county concurrency management system which allows for upfront reservation of infrastructure capacity Maintain county's accessory dwelling unit provision Maintain county's reduced setbacks for affordable housing projects through small lot subdivision allowance Maintain county's parking requirements Maintain county's PD process which allows for waiver of conventional zoning standards Strategy Status Not Appropriate 7 Proposed for Addition G Flexible lot configuration J ' Already Implemented by the County 7 7 7 7 7 7 d eelL w Expedited Permitting for affordable housing projects Modification or alternative methods of impact fee payments for affordable housing .ro'ects Flexible Densities Reservation of infrastructure capacity for affordable housing •ro'ects Allowance for accessory residential units Reduction of parking and setback requirements for affordable housing projects h E v CG 0 A 44 w Recommendation Maintain the county's current street rights-of-way requirements Maintain county's current policy of preparing financial impact statements for proposed new regulations, policies, and ordinances Maintain policy 2.4 of the Housing Element - Maintain policy 1.9 of the Housing Element Maintain policy 4.10 of the Housing Element Maintain policy 4.13 of the Housing Element - Maintain policy 4.11 of the Housing Element Maintain policy 4.12 of the Housing Element Maintain policy 1.8 of the Housing Element Strategy Status Not Appropriate 7 Proposed for Addition Already Implemented by the County 7 7 7 77 77 7 Strategy Modification of street requirements Establish process for considering before adoption cost effect of new regulations, policies, and ordinances Inventory of publicly owned land Support developments near transportation hubs and major employment centers CLT Private/Public Housing Trust Fund CDC Employer Assisted Housing New Construction Technologies Items Z ti ;11 1 AHAC RECOMMENDATION: The Affordable Housing Advisory Committee recommends that the Board of County Commissioners approve the 2014 AHAC Report and maintain the county's current affordable housing incentives. Attachments 1. Section 911.14(4) of the LDRs, Density Bonus 2. Section 971.41(9) of the LDRs, Small Lot Subdivision 3. Resolution No. 2008-038 Establishing AHAC 4. Copy of Public Hearing Advertisement 5. Copy of the BCC Resolution to adopt AHAC Report Recommendations F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 35 80 Attachment 1 Section 911.14(4) of the LDRs, Density Bonus. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the requirements of the Indian River County Land Development Regulations Section 911.14 and Section 971.41(9). (3) Density. (a) The maximum density of residential communities shall be established by the density of the underlying land use designation. (b) Residential communities within commercial or industrial land uses shall have a maximum density of eight (8) dwelling units per acre. I No residential community shall exceed the maximum permitted density as stated in (a) or (b) above unless a density bonus meeting the provisions of section 911.14(4) is approved as part of planned development. (4) Density bonus. (a) Affordable housing. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. 1. For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two (2) times the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation; or b. Has a monthly rent less than one -twelfth (1/12) times thirty (30) percent of eighty (80) percent of the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation. 2. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the following requirements: a. The affordable dwelling unit shall remain available as an affordable dwelling unit for the following periods: i. Owner -occupied units shall remain affordable dwelling units for a period of not less than twenty (20) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. ii. Renter -occupied units shall remain affordable dwelling units for a period of not less than fifteen (15) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit; b. Initial occupancy of an owner -occupied affordable dwelling unit shall be by a household classified as very low-income, low-income or moderate -income whereby the classification is verified by the Indian River County Community Development Department or an agency, either public or private, designated by the community development department or by any state or federal public agencies. c. Households occupying an affordable housing rental unit shall be classified as very low, low, or moderate -income households whereby the classification is verified by the Indian River County Community Development Department, or its designee or by any state or federal public agency, prior to the household's occupancy of the unit. While occupying the affordable housing rental unit, a household's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the county's median household income adjusted for household size. d. With respect to owner -occupied affordable dwelling units provided under the provisions of the section: i. The owner -occupant's household annual adjusted gross median income may increase without limit following the household's purchase of the affordable dwelling unit; and ii. Resale of an affordable dwelling unit by the initial owner or any subsequent owner shall be subject to one of the following provisions: a. If the purchasing household is not verified to be either a very low, or low income household, then the selling household shall be subject to providing a cash payment of the original loan amount and applicable interest, to the Indian River County Local Housing Assistance Trust Fund. F\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 36 81 b. If the purchasing household is verified to be either a very low, or low income household, then the selling household shall not be required to provide any payment. e. For projects utilizing the provision of on-site or off-site affordable dwelling units, no certificate for occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units certified for occupancy to affordable dwelling units certified for occupancy is equal to or greater than the overall project's approved ratio of market rate dwelling units to affordable dwelling units. f Prior to the issuance of a certificate of occupancy for the affordable dwelling unit(s), a separate private deed covenant, entitled a "restriction on transfer," shall be filed in the public records of Indian River County. The covenant shall be subject to review and approval by county staff in order to verb compliance with the requirements of this section, and the covenant shall: i. Idents the subject unit as an affordable dwelling unit and speck that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Idents the units corresponding fifteen- or twenty-year affordability timeframe; and iii. Identifil that the initial owner and each subsequent owner of an owner -occupied affordable dwelling unit must satisfy and comply with the re -sale provision of the county's local housing assistance plan; and iv. Idents the Board of County Commissioners of Indian River County or its community development department or as its designee, as the agency with enforcement and verification authority to enforce the terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and v. Idents any additional terms or conditions relating to the provision of the affordable dwelling unit as established by the Board of County Commissioners via its review and approval of the corresponding planned development approval. vi. Speck that monitoring the occupancy of the affordable dwelling unit shall be included in the compliance monitoring activities of the county's local housing assistance program, or a suitable substitute determined by the Indian River County Board of County Commissioners. vii. Specify that no provision of the restrictive covenant may be amended without the consent of the Board of County Commissioners of Indian River County. 3. An applicant may obtain a development density bonus for a planned development project in compliance with one of the following options: a. An applicant may obtain a density bonus by providing affordable dwelling units within the residential development project which will utilize the density bonus. For development projects utilizing the on-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as indicated in the following table: Very Low Income (VLI) and Low Income (LI) Affordable Units as Percentage of Project's Total Units Density Bonus (Percent increase in allowable units). Additional Density Bonus for Providing Additional Buffer and Landscaping based on one of the following options (percent increase in allowable units) Range of Possible Density Bonus Percentage (Percent increase in allowable units) Option 1 Option 11 Material equal to a 10' wide Type C buffer* with 6' opaque feature along residential district boundaries and 4' opaque feature along roadways Material equal to a 20' wide Type B buffer* with 6' opaque feature along residential district boundaries and 4' opaque feature along roadways More than 30% 10% 5% or 10% 10-20% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 37 82 b. An applicant may obtain a density bonus by providing affordable dwelling units off-site from the residential development project which will utilize the density bonus. For development projects utilizing the ofsite affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as follows: The percentage of density bonus shall be one-half (1/2) of the applicable density bonus as determined for on-site affordable housing projects as provided in the above table. (5) Approval procedure and other requirements. All planned developments shall be reviewed consistent with the requirements of Chapter 915, Planned Development. 1 F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 38 83 Attachment 2 Section 971.41(9) of the LDRs Small Lot Subdivisions. Small lot single-family subdivisions (administrative permit): (a) Districts requiring administrative permit approval, (pursuant to the provision of 971.04): RS -6, RT -6, RM -6, RM -8, RM -10 (b) Criteria for small lot subdivisions: I. The small lot subdivision shall be serviced by centralized water and wastewater. 2. The gross density of any small lot subdivision shall not exceed the maximum density allowed within the zoning district in which the subdivision is located. 3. Perimeter lots are those lots which abut or are adjacent to areas not included in the proposed small lot subdivision. Perimeter lots which abut property having a residential or agricultural zoning designation shall: a. Conform to the standard applicable size and dimension criteria of the respective zoning district in which the project is located; or b. Comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5,000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: Minimum rear yard setbacks shall be provided, based upon lot width, as indicated in the table below• Lot Width (feet) Rear Yard (feet) >=50 & <55 30 >=55 & <60 27 > =60 & <65 24 >=65 & <70 22 4. Interior lots (those determined not to be perimeter lots) and those perimeter lots which abut a property having a commercial/industrial land use designation shall comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5,000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: 15 feet F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 39 84 5. Accessory structures may encroach into required yards as allowed in section 911.15 of the land development regulations. 6. In lieu of buffering requirements specified in Chapters 911 and 913, the following buffer requirements shall apply to small lot single-family subdivision projects: A Buffers adjacent to collector and arterial roads. A twenty -five-foot wide Type "B" buffer with six-foot opaque feature shall be provided along all perimeters that are adjacent to collector and arterial roads B. Buffers for other perimeters. A ten foot wide Type "C" buffer with three-foot opaque feature shall be provided along all perimeters that are not adjacent to collector and arterial roads. C. The buffer improvement(s) shall be located within a buffer easement(s) or tract(s) as designated on the small lot subdivision plat. Said easement(s) or tract(s) shall be depicted on the final plat and shall be dedicated to the subdivision's property owners' association to ensure maintenance of the buffer improvements. The buffer easement improvement(s) shall be considered a required .subdivision improvement and shall be provided in accordance with the provisions of section 913.08 of the land development regulations. D. No structure(s), other than those related to buffering, drainage or utilities, shall be located in the buffer easement. 7. In lieu of the green/recreation space, Swale, curbing, and sidewalk requirements of Chapters 911 and 913, the following requirements shall apply: A. A minimum seven and one-half (7.5) percent of the total project area shall be provided as green space/recreation space. Said area may consist of preserved wetlands and or native uplands, park space, pools, day-care space, clubhouses, ball -courts, playgrounds, play -field areas, or similar uses approved by the community development director. Said area(s) shall be designed to be conveniently accessible and useable by all project residents. B. Sidewalks (minimum four foot width) shall be provided along both sides of all streets unless an alternative design is approved by the community development director. C. The urban service area boundary buffer and wall variation requirements of Chapter 913 shall apply to small lot single-family subdivisions. 8. Minimum building setbacks as specified in 971.41(9)(b)3. and 4. above, shall be depicted as a residential building envelope on the preliminary plat. Language shall be noted on the final plat to the effect that specially -approved setbacks are in effect on the lots. 9 Workforce or affordable housing. In exchange for lot size and setback reductions, small lot single- family subdivision projects shall meet the following workforce or affordable housing criteria: A. All dwelling unit sales and rent prices shall be restricted for a period of at least ten (10) years from the date of the unit's first sale (closing). 1. The initial sales price of a small lot subdivision housing unit shall not exceed three and one-half (3 1/2) times the Indian River County annual median household income. Over the ten —year restriction period, the sales price may be increased three (3) percent per year (compounded annually). 2. Where a small lot subdivision housing unit is rented, the monthly rental price shall not exceed the Indian River County maximum rent by unit type for moderate income as published by the Florida Housing Finance Corporation. B. As an option to and in lieu of criterion "A" above, an applicant may propose an alternative to the resale price and appreciation restriction. Any such alternative must ensure that small lot subdivision housing units remain affordable for at least ten (10) years. An alternative to the sales price restriction shall be structured as a deed restriction which shall apply to lots created by the small lot subdivision process. The draft restriction shall be submitted in conjunction with the small lot subdivision preliminary plat application and shall: • Idents the proposed method of ensuring affordability which may include: - Rent/price resale restriction - Buyer income qualification - Shared equity process - Other • Idents appeal/variance procedure or a prohibition of appeals/variances •Identy a monitoring program which shall be administered by public agencies or private organizations qualified to provide or assist with workforce or affordable housing. The alternative shall be considered by the planning and zoning commission and evaluated under the above criteria. The PZC is authorized to approve the alternative and attach conditions to ensure that the above criteria are satisfied. F•\Community Development \SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 40 85 C. The maximum size of each dwelling unit shall be restricted in perpetuity to one thousand five hundred (1,500) square feet under air. D. The restrictions required under items A. or B., and C. above shall be incorporated into deed restrictions, running in favor of the county and any unit buyer or renter, approved by the county attorney and filed in the public records by the project applicant. The sales price restriction shall require county consent of the sales price prior to each closing during the ten-year restriction period. Such consent is authorized to be made by the community development director or his designee. F\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 41 86 Attachment 3 RESOLUTION NO. 2008 - 038 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE AND ASSIGNING TASKS TO THE COMMITTEE. WHEREAS, Indian River County adopted Ordinance No. 93 - 13, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK the Indian River County Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Code; and WHEREAS, the 1993 Affordable Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of the HO 1375, revised Section 420 9076.F S. to require all Counties in the state to establish Affordable Housing Advisory Committees NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1 A new Affordable Housing Advisory Committee (AHAC) is hereby established. 2. The Affordable Housing Advisory Committee voting membership shall be as identified in Exhibit "A" attached to this resolution 1 F:\Community Development \SHIP\AHAC\AHAC 2014\A1 -IAC 2014 report.doc 42 87 A TRUE COPY CERTIFICATION ON LAST PAGE • J.K. BARTON, CLERK RESOLUTION NO. 2008 - 038 3. The Affordable Housing Advisory committee non-voting membership shall be as identified in Exhibit "B" attached to this resolution, 4. Vacancies in membership shall be filled and approved by majority vote of the Indian River County Board of County Commissioners. 5, The provisions of Chapter 103, Commissions and Boards, of the Indian River County Code shall apply to the activities of the Affordable Housing Advisory Committee unless otherwise specified in Section 308.07 of the Indian River County Code. G. The Affordable Housing Advisory Committee shall have no power or authority to commit Indian River County to any policies, incur any financial obligation, or create any liability on the part of the County until approved or adopted by the Board of County Commissioners. 7 Duties of the Affordable Housing Advisory Committee include but are not limited to: • Providing advice to the Board of County Commissioners regarding the provision of affordable housing and workforce housing within the county • Assessing new affordable housing strategies • Reviewing and assessing the county's current affordable housing incentives • Reviewing the County's current policies and procedures as related to the provision of affordable housing 2 F\Community Development \ SHIP \AHAC\AHAC 2014\AHAC 2014 report.doc 4 3 88 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK RESOLUTION NO. 2008 - 038 • Reviewing the Housing Element component of the County's Comprehensive Plan Evaluation and Appraisal Report. • Reviewing the County's Land Development Regulations as they relate to the provision of affordable and workforce housing. • Submitting a report to the Board of County Commissioners by December 31, 2008 and each 3 years thereafter, to recommend specific actions or initiatives. to encourage and facilitate affordable housing while protecting the ability of property to appreciate in value. The foregoing resolution was offered by Commissioner Pe r D. O'Bryan and seconded by Commissioner 45ley S. Davis and, being put to a vote, the vete was as follows: Chairman, Sandra L Bowden Vice -Chairman, Wesley S Davis Commissioner Peter D O'Bryan Commissioner Joseph E Flescher Aye Commissioner Gary C. Wheeler Aye and _Aye Aye Aye The Chairman thereupon declared the resolution duly passed adopted this 18th day of Mar -ch , 2008 3 F -\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doe 44 89 RESOLUTION NO. 2008 - 038 INDIAN RIVER COUNTY, FLORIDA ATTEST: BOARD OF COUNTY COO I SIONERS By Sante :owe' airman APPROVED AS TO FORMAT AND LEGAL SUFFICIENCY: �a William G. Collins, II County Attorney 4 Jeffrey K. Barton, Clerk STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPYOF THE ORIGINAL ON FILE IN THIS OFFICE. FFREK ARTON, CLEAK DATE F\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 4 5 90 RESOLUTION NO. 2008 - 038 BXHIBIT "A" Members of the Indian River County Affordable Housing Advisory Committee Appointed by the Indian River County Board of County Commissioners, pursuant to Section 420.9076(2).F.S.: Representational Criteria Voting Members 1 A citizen who is actively engaged in the residential home building industry in connection with affordable housing 2. A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing 3 A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. 4. A citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing S. A citizen who is actively engaged as a for-profit provider of affordable housing 6 A citizen who is actively engaged as a not-for-profit provider of affordable housing 7 A citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. A citizen who actively serves on the County's local planning agency (Planning and Zoning Commission) pursuant to S.163.3147F.S. 9. A citizen who resides within the county 10. A citizen who represents employers within the county 11. A citizen who represents essential services personnel, as defined in the Local Housing Assistance plan. 1 F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 46 91 RESOLUTION NO, 2008 - 038 EXHIBIT "A" Voting' Members 12. A representative appointed by the City of Fellsmere 13. A representative appointed by the City of Vero Beach 14. A representative appointed by the City of Sebastian 15, A representative appointed by the Town of Indian River Shores 16. A representative appointed by the Town of Orchid EXHIBIT "B" Non -Voting Member Representational Criteria A member of the Indian River County Board of County Commissioners F \Commuiity Development\Users\VICKIF\HOUSING\AHACNEM3 rtf 1 F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doe 4 7 92 Attachment 4 Public Hearing Notice Notice is hereby given that, on November 19, 2014, the Indian River County Affordable Housing Advisory Committee (AHAC), pursuant to requirements of Section 420.9076(5), F.S., will conduct a public hearing on the Affordable Housing Advisory Committee's 2014 Incentive Review and Recommendation Report for revisions and additions to the county's affordable housing incentives. The AHAC report addresses all affordable housing incentives listed in paragraphs A through K of Section 420.9076(4), F.S. As structured, the draft AHAC report recommends keeping all of the county's current affordable housing incentives. Date & Time: Wednesday, November 19, 2014, at 9:30 a.m. Place: Reports: Conference Room B1-501 County Administration Building "B" 1800 27th Street Vero Beach, FL 32960 Copies of the AHAC Report are available at the Planning Division located at 1801 27th Street, Vero Beach, FL 32960 and at the county website. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICAN'S WITH DISABILITIES ACT (ADA) COORDINATOR AT (772) 226-1233 (TDD #772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. To be advertised on November 6, 2014, in Section "A" Please forward two proofs of publication before public hearing date to: Kathy Charest Planning Department 1801 27th Street Vero Beach, Florida 32960 F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 48 93 Attachment 5 RESOLUTION NO. 2014- A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2014 REPORT AND DIRECTING STAFF TO REVISE THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN AS NEEDED WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on November 19, 2014 to review the Affordable Housing Advisory Committee's 2014 Report; and WHEREAS, the AHAC at its November 19, 2014 public hearing voted to approve the AHAC report and recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2014; and WHEREAS, per state requirements Local Housing Assistance Plans must be revised every three years; and F•\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 49 94 RESOLUTION NO. 2014 - WHEREAS, a copy of the amended Indian River County Local Housing Assistance Plan must be submitted to the Florida Housing Finance Corporation for its review by May 1, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: Section 1. The above recitals are ratified in their entirety. Section 2. The attached Indian River County Affordable Housing Advisory Committee 2014 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2014. Section 4. Staff is directed to submit a copy of the revised Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by May 1, 2015. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner, Joseph E. Flescher Commissioner, Peter D. O'Bryan Commissioner, Tim Zorc F•\Community Development\SHIP\AHAC\AHAC 20141AHAC 2014 report.doc 50 95 RESOLUTION NO. 2014 - The Chairman thereupon declared the resolution duly passed and adopted this 9th day of December, 2014. Board of County Commissioners of Indian River County By: Wesley S. Davis, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller AL SUFFICIENCY B Dylan Reingold County Attorney F:\Community Development\SHIP\AHAC\AHAC 2014\AHAC 2014 report.doc 51 96 Attachment 5 RESOLUTION NO. 2014- A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2014 REPORT AND DIRECTING STAFF TO REVISE THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN AS NEEDED WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on November 19, 2014 to review the Affordable Housing Advisory Committee's 2014 Report; and WHEREAS, the AHAC at its November 19, 2014 public hearing voted to approve the AHAC report and recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2014; and WHEREAS, per state requirements Local Housing Assistance Plans must be revised every three years; and F•\Community Development\SHIP\AHAC\AHAC 1 1-19-2014WHAC 2014 report.doc 48 97 RESOLUTION NO. 2014 - WHEREAS, a copy of the amended Indian River County Local Housing Assistance Plan must be submitted to the Florida Housing Finance Corporation for its review by May 1, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: Section 1. The above recitals are ratified in their entirety. Section 2. The attached Indian River County Affordable Housing Advisory Committee 2014 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2014. Section 4. Staff is directed to submit a copy of the revised Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by May 1, 2015. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner, Joseph E. Flescher Commissioner, Peter D. O'Bryan Commissioner, Tim Zorc F\Community Development\SHIP\AHAC\AHAC 11-19-2014\AHAC 2014 report.doc 49 98 RESOLUTION NO. 2014 - The Chairman thereupon declared the resolution duly passed and adopted this 9th day of December, 2014. Board of County Commissioners of Indian River County By: Attest by: Wesley S. Davis, Chairman Jeffrey R. Smith, Clerk of Court and Comptroller APPRO - s S TO BY. AL SUFFICIENCY Dylan Reingold County Attorney F•\Community Development\SHIP\AHAC\AHAC 11-19-2014\AHAC 2014 report.doc 50 99 RESOLUTION NO. 2014- A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2014 REPORT AND DIRECTING STAFF TO REVISE THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN AS NEEDED WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13, establishing the county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes and Rule 67-37, F.A.C.; and WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an Affordable Housing Advisory Committee Report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the Indian River County Affordable Housing Advisory Committee (AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on November 19, 2014 to review the Affordable Housing Advisory Committee's 2014 Report; and WHEREAS, the AHAC at its November 19, 2014 public hearing voted to recommend that the Board of County Commissioners approve the report; and WHEREAS, a copy of the Affordable Housing Advisory Committee report must be submitted to the Florida Housing Finance Corporation by December 31, 2014; and WHEREAS, per state requirements Local Housing Assistance Plans must be revised every three years; and WHEREAS, a copy of the amended Indian River County Local Housing Assistance Plan must be submitted to the Florida Housing Finance Corporation for its review by May 1, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida THAT: ATTACHMF"'T RESOLUTION NO. 2014 - Section 1. The above recitals are ratified in their entirety. Section 2. The attached Indian River County Affordable Housing Advisory Committee 2014 Report is hereby approved. Section 3. Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance Corporation by December 31, 2014. Section 4. Staff is directed to submit a copy of the revised Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by May 1, 2015. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner, Joseph E. Flescher Commissioner, Peter D. O'Bryan Commissioner, Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 9th day of December, 2014. 2 101 RESOLUTION NO. 2014 - Board of County Commissioners of Indian River County By: Wesley S. Davis, Chairman Attest by: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED S TO FO' D I AL SUFFICIENCY BY: Dylan Reingold County Attorney F \Community Development\SHIP\AHAC\AHAC 11-14-2014\RESOLUTION for 2014 AHAC Report.docx 3 102 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT - TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Develop nej4t Director FROM: Sasan Rohani, AICP S / Chief, Long -Range Planning DATE: November 25, 2014 SUBJECT: CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2015-2016 THROUGH 2017-2018 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 9, 2014. DESCRIPTION AND CONDITIONS v Background Pursuant to the requirements of Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the County's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Corporation approved the county's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. According to Rule 67-37.005(2), Florida Administrative Code, all local governments receiving SHIP funds must periodically submit new Local Housing Assistance Plan (LHAP) to the Florida Housing Finance Corporation. Accordingly, the County's plan was revised in 1994, 1997, 2000, 2003, 2006, 2009, and 2012. Each of these plans, including the proposed new plan, include the County's affordable housing incentives. 103 1 In 2012, the Board of County Commissioners approved the County's current 3 year plan. The Florida Housing Finance Corporation (FHFC) then approved the county's plan and authorized the disbursement of SHIP funds until June 30, 2015. Now, the County must submit a new 3 year plan for FY 2015-2016, FY 2016-2017, and FY 2017-2018 to the FHFC by May, 2015. Since its initial adoption in 1993, the county's Local Housing Assistance Plan has been successful in directing assistance to eligible households within the county. The attached table (attachment #1) identifies the county's SHIP allocations and the number of loans given to eligible applicants by fiscal year and by income category. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income includes SHIP loan repayments and interest earned. For FY 2014-15, the county received a $660,086.00 state allocation. ANALYSIS To meet the Florida Housing Finance Corporation's local housing assistance plan submittal requirements, county staff has prepared a revised Local Housing Assistance Plan. The revised plan is a continuation of the County's existing plan with only minor changes. As proposed, the new plan includes updated information, projected expenditures for the new fiscal years, and revisions to the County's assistance strategies names to correspond with the State's assistance strategies names. As indicated in the new plan, the County will continue its affordable housing incentives and utilizing ten percent (10%) of the state SHIP allocation for administration of the SHIP Program. As drafted, the proposed plan meets all state and local requirements. Once adopted and approved by the state, the Local Housing Assistance Plan will provide the basic framework and operating procedures, including program strategy qualification requirements and other provisions, for the SHIP program for the next 3 fiscal years. The new plan will also make the county eligible to receive SHIP funds until June 2018. On November 19, 2014, the Affordable Housing Advisory Committee (AHAC) met and reviewed the revised LHAP. At that meeting, the AHAC unanimously recommended that the Board of County Commissioners approve the new (revised) LHAP. FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. 104 2 RECOMMENDATION Staff and the Affordable Housing Advisory Committee recommend that the Board of County Commissioners approve the new Indian River County Local Housing Assistance Plan by adopting the attached resolution and authorizing the Chairman to sign the certification page. ATTACHMENTS 1. SHIP Program Funds and Applicant Income Information Summary 2. Resolution approving the new plan 3. Copy of the plan's certification page 4. Indian River County Local Housing Assistance Plan for FY 2015-2016, FY 2016-2017, and FY 2017-2018 (A copy of the plan is on file in the Board of County Commissioners office) Approved Agenda Item: Indian River Co. Approved Date Admin. /O9 k1/0/ Legal .. ' 4 2 -,- '12 Budget IZIlld 1 Dept. ,.' it /z //y Risk Mgr. F:\Community Development\SHIP\LHAP\2015-2018 LAHp\BCC-12-9-14-LHAPIan 2015-18.doc 105 3 NFORMATION SUMMARY Number and % of Loans Approved by Income Category by FY 0 0 co 0 N 0 ac O) c- 0 0 O N N C 0 n C 0 N 6.25% r O ,- '12-7/7-11 H -77.1.297X71 79-Ti7/7-11 o O W 1—T.9.31/71 15.22% 33.33% o 0 0.00% 28.89% —71..757/71 o N 8.33% G 0 O O N M g n (O a C n a N V co Zr.. 7 15 t0 O 13 M M e' co - ...- o e ( C a 48.65% I 43.33% 1 0ee{{ M (OO 0 M R 0 M 100 0 0 1^ 0 (n0 a 0 (`O') Nt 48.57% 42.86% 33.33% 0 M N 36.96% 37.78% 43.75% 43.33% 35.56% 0 M a a 0 N co N 0 n 0 a o O O N 0 M Ni VV- -) r 13 SE M 36 1 M 21 1 M M H N I 18 17 17 N N e- N n N 498 o 00 n M M a M 0 n (D M 32.76% 45.95% 0 N co M 0 a N M 42.22% 0 N a M 37.14% 47. 62% 0 0 a a 40.74%__ 47.83% 28.89% 43.75% 1 0( (nD N v.) CN] 54.29% 0 ua) 0. tO 0 0 0 0 n .18°./771 VLI C1 N e- e- a M N N M N 0 n N 0 N O a L 32 I Na N 22 13 N M t0 e- CO 69 O N 4- n • • Number of Loans Approved by FY a A M O M ' CO C a n tO 0 tV o t0 al a A n COID V a a t00 70 N P N 0- N Total Budget 249,508.35 S 249,261.66 $ 250,159.421 N R 00 1 M o N PI 00f CO t0O (n0 W W 1$ 981,685.851 ISS811,026.11 1,296,028.68 $ 1,145,736.88 1$ 1,459,782.471 $ 1,375,580.66 $ 1,705,889.64 1,705,745.63 1,779,136.15 1$ 1,630,100.65 $ 1,516,877.251 001 O CO 49 N 000 r N T LO CU Y) Nf N CD P. N 10 $ 504,122.17 691,354.14 $ 22,103,540.411 Funds Transferred to Next FY N (0 0) V" 69 N 0) N N N '-N 69 I $ 1,070.57 rs 728.95 $ 763.92 $ 2,895.52 0 co N N N e- 19 $ 2,330.62 $ 6,182.41 $ 1,726.79 $ 584.91 co O N h O O) 69 $ 667.95 $ 1,573.97 $ 3,254.83 9 (O 0 co (9 N M 0) N V• 19 n N a )0 N 69 $ 4,149.861 f9 69 69 N N 0 n 10 N Fund Transferred From Previous FY (0 0) a 69 N N N H $ 1,070.57 $ 728.95 $ 763.92 N OC) CO N 69 M (0 a N M CO N M e- N 0 f9 19 f9 $ 1,726.79 $ 584.91 $ 9,055.09 $ 667.95 $ 1,573.97 (VV00� 1f) N M (9 $ 763.39 0 VO ' CO v) N ei 0) N a 69 n VN' 0 N 69 COC 'N7 a 69 1 69 i 69 10) O t N SHIP Re -payments and other Program Incomes LO M N M •a- 69 $ 29,887.06 $ 50,489.83 $ 76,289.63 I $ 62,361.43 $ 94,288.47 $ 117,946.26 $ 263,472.59 $ 429,002.84 $ 780,843.501 11) O 0)) 0).- M N (p n n 0 N 19 69 N CO. 0 0 M 19 $ 137,282.47I 512,787.89 I 0 N (((0p N O a 19 $ 200,065.07 $ 227,996.34 t- 0 N a I (9 6 (O OD N M 69 a M (00 CO CO 0 0 N Amount of SHIP Allocations (State funding only) $ 250,000.00 I$ 250,000.00 $ 250,000.00 I 1$ 565,773.00 1 $ 632,136.00 $ 622,455.00 $ 903,723.00 $ 749,773.00 $ 1,205,592.00 $ 1,023,335.00 $ 1,195,168.00 I $ 955,048.00I 0 to 0 co N VI $ 930,319.00 $ 1,209,521.00 $ 1,238,998.00I 0 n 0 t•-• M M I 19 $ 350,000.00I 0 N (O h 69 1$ 350,000.00 1 014-15 $ 660,086.00I OTAL 1 $ 16,043,877.00 State FY (JULY 1 - JUNE 30 ) 991":999899 91 N e010 ' 010t0n00099 O) 0) M Vin N N .- N e- N CO r N 01 (D h N Cr) 01 0) N 0 0) CO N N 0) O N 0 e• 0 0 00) N 0 12002-03 V4 M 0 O .0 a 0 0 O 2005-06 006-07 9co n 0 O 12008-09 1 O4- CT 0 N 01 O 0 N 1 - N 12012-13 YTD 013-14 YTD 00 0 (O e- !Total SHIP & HHR loans 106 RESOLUTION NO 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN FOR FY 2015-2016, 2016-2017, and 2017-2018. WHEREAS, Chapter 420, Florida Statutes, describes the State Housing Initiative Partnership (SHIP) Program, and states that the principal objective of that program is to increase the amount of affordable housing within the State of Florida; and WHEREAS, the Indian River County Board of County Commissioners, on April 6, 1993, approved Ordinance Number 93-13, establishing the county's first Local Housing Assistance Program; and WHEREAS, the current Local Housing Assistance plan expires on June 30, 2015; and WHEREAS, the current Local Housing Assistance Plan adequately addresses the county's affordable housing needs; and WHEREAS, the Indian River County Affordable Housing Advisory Committee met on November 19, 2014, and recommended that the Board of County Commissioners approve the Indian River County Local Housing Assistance Plan, and WHEREAS, the Board of County Commissioners, on December 9, 2014, considered the Indian River County Local Housing Assistance Plan for FY 2015-16, FY 2016-17, and FY 2017-18. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: Section 1 The above recitals are ratified in their entirety Section 2. The attached Indian River County Local Housing Assistance Plan for FY 2015-2016, 2016-2017, and 2017-2018 is hereby approved by the Board of County Commissioners. The County's Local Housing Assistance plan is a countywide plan and covers the unincorporated county as well as all municipalities within the county. ATTACHMF IT 2 1 107 Section 3 The Board of County Commissioners directs staff to submit two copies of the Indian River County Local Housing Assistance Plan, certification page, and resolution to the Florida Housing Finance Corporation. Section 4. The county has determined that 5% of SHIP funds is insufficient to administer the program. The county shall continue utilizing ten percent (10%) of the state SHIP allocation for administration of the SHIP Program. Section 5. The following table indicates the average and maximum SHIP funds allowable per unit for each assistance strategy. STRATEGY AVERAGE LOAN AMOUNT ($) MAXIMUM LOAN AMOUNT ($) Impact Fee Loan 13,000.00 20,000.00 Purchase Assistance Loan 15,000.00 20,000.00 Rehabilitation Loan 30,000.00 50,000.00 Emergency Rehabilitation Loan 20,000.00 30,000.00 Disaster Repair Loan 20,000.00 30,000.00 Low Income Housing Tax Credit (LIHTC) Matching Grant 75,000.00* 100,000 00* *For the LHITC matching grant the loan amount is per project not per unit The county's maximum SHIP assistance to any household shall be fifty thousand dollars ($50,000 00) and average SHIP assistance shall be thirty thousand dollars ($30,000.00) per household. Section 6. Consistent with IRS Revenue Proclamation 2011-23, the maximum purchase price for Indian River County is hereby established as $258,607.00 for new or existing homes and condominiums. The foregoing resolution was offered by Commissioner , and seconded by Commissioner and being put to a vote, the vote was as follows: 108 2 Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner, Peter D O'Bryan Commissioner, Tim Zorc Commissioner, Joseph E Flescher The Chairman thereupon declared the resolution duly passed and adopted this day of 2014. Board of County Commissioners of Indian River County By: Wesley S. Davis, Chairman Attest by: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FORM AND LEGAL S Fla BY:ntai. ylan R ingold County Attorney F•\Community Development\SHIP\LHAP\2015-2018 LAHp\LHAP RESOLUTION NO 2014.doc 3 109 LHAP Exhibit D 2013 67-37.005(1), F.A.C. CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Indian River County, Florida (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for assistance. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to ensure conformance with the Local Housing Assistance Plan. (9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities as program income. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation by June 30 of each calendar year. (13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both HIP and the Low Income Housing Tax Credit (LItITC) Program shall comply with the income, afftdability and other LIHTC requirements. Similarly, anytunits receiving assistance from other federal programs shall comply with all Federal and SHIP program ATTACHNONT 110 requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida has not been implemented. (except for Miami Dade County) Witness Witness Date OR Chief Elected Official or designee Wesley S. Davis, Chairman Board of County Commissioners Type Name and Title Attest: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller (Seal) F:\Community Development\SHIP\LHAP\2015-2018 LAHp\2014 Certification page for LHAPIan.docx APPROVED AS TO PORM AND S W1LUA 1 K. DV.*.k .i !nEf`Fi"4vCOUN1'PAr CRilLy 111 A copy of the plan is on file in the Board of County Commissioners office Attachment # 4 F:\Connnunity Development\SHIP\LHAP\2015-2018 LAHp\BCC-12-9-14-LHAPIan 2015-18.doc 6 112 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: , Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director Cwt., SUBJECT: Hurricane Debris Removal Contracts For TAG Grinding Services, Inc. and Omni Pinnacle, LLC Third (and Final) Extension of Year 2011 Contract CONSENT DATE: November 18, 2014 DESCRIPTION AND CONDITIONS On June 14, 2011 Indian River County entered into a Contract Agreement with TAG Grinding Services, Inc. and Unified Recovery Group LLC for hurricane debris removal and disposal. The original agreements included contract renewal provisions for up to three (3) additional terms of twelve (12) months each on the same terms and conditions. On December 18, 2012, the agreements were extended for one year., On July 2, 2013, the secondary agreement was re - awarded to Omni Pinnacle, LLC after the original secondary contract holder, Unified Recovery Group LLC, was terminated for non-compliance. On December 3, 2013, the agreements with TAG Grinding Services and Omni Pinnacle, LLC were renewed for a second one-year period. Both of these extensions will expire on December 14, 2014. At this time we would like to implement the third and final renewal with both companies for hurricane debris removal and disposal. The primary agreement will be with TAG Grinding Services, Inc., with Omni Pinnacle, LLC holding the secondary contract, available in the event that TAG Grinding Services, Inc. cannot fulfill their contract duties. The contract allows for a consumer price increase (CPI) increase. Both companies have requested an increase for this renewal period and a CPI increase of 1.2% is included. FUNDING Staff would seek reimbursement from FEMA and the Federal Highway Administration. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the extension of both debris removal agreements and authorize the County Administrator to execute the extension upon review and approval of the County Attorney and review and approval by all applicable staff. ATTACHMENTS Extension agreement and Bid Form with updated CPI increase for TAG Grinding Services, Inc. and Omni Pinnacle, LLC CPI Chart F:\Public Works\Hurricane - Disaster Preparedness\Hurricane 2014\Tag & Omni Third renewal of debris contract BCC Agenda Dec 2014 doc 113 PAGE TWO Agenda Item: Hurricane Debris Removal Contracts for TAG Grinding Services, Inc. And Omni Pinnacle, LLC Third Extension of Year 2011 Contract November 18, 2014 DISTRIBUTION TAG Grinding Services, Inc. Omni Pinnacle, LLC APPROVED AGENDA ITEM Indian River County Approved Date Administration , i* i //y - Budget '1 11 (U14 (i4 Legal r ,11 X4(1 11 2L-11/4-1 Risk Management M ;_ !/ _ lb -if Purchasing 4 102-6 / t -. Public Works t l/2 Yi/q F:\Public Works\Hurricane - Disaster Preparedness\Hurricane 2014\Tag & Omni Third renewal of debris contract BCC Agenda Dec 2014.doc 114 THIRD EXTENSION TO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Contract to provide disaster debris removal and disposal services is entered into effective as of December 14, 2014 by and between Indian River County, a political subdivision of the State of Florida ("County") and TAG Grinding Services, Inc. an Alabama corporation authorized to do business in the State of Florida ("Contractor"). BACKGROUND RECITALS A. Effective June 14, 2011, the County and the Contractor entered into a Disaster Debris Removal and Disposal Contract. This Contract was renewed effective December 14, 2013 through December 13, 2014. B. Article 8 of the Contract contains the term and renewal provisions and the General Conditions of the Contract contains the price increase provisions. C. Pursuant to the Contract, the parties desire to renew the Contract by this Extension. D. This Contract was binding on the parties for the initial term that commenced June 14, 2011 and ended December 13, 2012. The initial renewal term commenced effective as of December 14, 2012 and ended on December 13, 2013; the second renewal term commenced effective as of December 14, 2013 and end December 13, 2014; and the final renewal term shall commence December 14, 2014 and end December 13, 2015. All renewal terms are subject to sooner termination in accordance with the terms of the Contract. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Third Extension. 2. From the effective date of this Third Extension, the parties agree that the prices set forth in the Contract will be an increase from the rate set forth in the 2013 Contract, due to the yearly CPI having an increase of 1.2%, as set forth on Exhibit A attached hereto and made a part hereof. 3. All terms and provisions of the Contract shall be and remain in full force and effect, with the following additions: a. When burning is utilized, an Air Curtain Incinerator Burn Permit must be obtained from the Indian River County Fire and Life Safety Bureau. b. In compliance with CFR 44 Section 13.36, immediately following a disaster event, the County, in consultation with the Contractor, shall determine the Contractor's scope of services and an estimated dollar value of the work for the event, based up on the best data available at that time. CONTRACTOR shall, within five days of issuance of work order, obtain and provide Performance and Payment Bonds to the COUNTY, each equal in sum to the estimated dollar value of the work. The Contractor's bond costs will be paid in full by the COUNTY in the first payment under the contract after the occurrence of a storm event. F:\PublicWorks\Hurricane - Disaster Preparedness\Hurrncane 20141Third extension TAG hurricane debris removal agreement 12-2014.doc 115 IN WITNESS WHEREOF, the parties have caused this Third Extension to be executed effective the day and year first set forth above. TAG Grinding Services, Inc. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS B:y ‘3400/45" /45' (Corporate Seal) Date iz/g/zo/i f iJy thwrized Signature) By: Wesley S. Davis, Chairman Ap • roved: 0 (4 Ilk .,;g• Josep A. Baird, County Administrator s to f iciency: Dylan Reingold, County Attorney F:\Public Works\Hurricane - Disaster Preparedness\Hurricane 2014\Third extension TAG hurricane debris removal .nrocanuAnt 19_9n1Q ring-. 116 S PECIFI CATIONS.'FOR: TAG GRINDING SERVICES, INC. INDIAN RIVER CDUNIY PURCHASING DIVISION 1800 271" STREET VERO BEACH FL 32960 (772) 2261416 FAX (772) 770-5140 BID FORM MPRRtCANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: BID OPENING DATE: BID OPENING LOCATION.: 2011040 APRIL 20, 2011, 2:00 PM P . .CH'ASING DIVISION tap 271 STREET VERO BEACH 1=L -32960 THE.14INI75F.¢S1GINS HEREBY ca71:FY-7'8A ', 'HEY HAVE RE*P.Ositi O1 D,ERSTAND -mg, 40NTENTS DF THIS.SQL.IG1TATION •AND.A0I I E'TO;FURI�l1SH.AL'•L.LABQRx A n"�I,.,p(t.S, • ND QU1PMT=NT AT' ' E PRi4 $HQ.WN'B ..1." •SL1BJl= (37-i'O ALL 1[sm 1 UC' 1Ot , cOispniows,_S ?.Eo1F1CA 1OONS, ANDATTq; 113 latrs:,HERETO. r oof.p OKAVE:READ ALL THE PROVISIOlS OF'TH1S SO QT A 10A SPJU.L•N:OT BE:0* .U,Se T•O .ALTER ANY'REOULTING'CO`N'TRACTOR RE41:PEET*ADD1 'IOL AL CO.MR AT(ON: j AG .1400R10E,. FIAL• L•' I Nil; 0 ..xstAtt'ti1Dl7N;l?004E14 E4* ;G'QN,'j�l ( R'30 B1 Ap1=r4t1-. 141 CCIV,kit.16QIITRq TOR'S OVERHEAD'ANA:PRPFII-FQR EACH Sel,ARh'1`:EL'-Ye1DENTIFiEU ITEM, .BIDD,ER$.ARE REQUESTED•TO BID` ON AL`L:ITEMS.. 0.04PfiGe for Vegetaiiive Debris:Collection a nd•Transporlation to:,:debris;. sf aging :area pouidd�bjr Gol�nty: S :x. ttal s and EiVhteen Ce>Z s• per aubic.jtar�. • • • tUnit Price Words). Unit Pri0e. or Vegetative Debris CollecliQri and'Tmnsportation_ta debris staging. are.a prbi et1:by. Contractor: &e•�en • P1113bt5. *tea? :DU VOy'—Five Cents per-cubi. j+ary1 (Unit• Trice:Wnrd ) 4e„- 8. ./eV -1 $C39 $6.47 ICY $8.11-x8 1882'32 t Unit,Piicelgt Mi?ced Debris.ay, Collection .abd Ttansporiation to.Colar LY Laiidfiil F1.1+- t3.Wiv.P• ilo11�ira •p.6-REV:h ITNg3'�68-6Er (Linit'Piice 1.'Ncrda) $57.54 Page 13Af30 -F:Wticab'asIAtieda12ai0-2011 P1 (20110OD31201iQ40•Disasler Debris:Removai•imd dispAsai.ConUpct 2Dj104Q Nuhic ne Debris Reaiii01.814Doc.3ac TAG GRINDING SERVICES, INC. Unit Price for Construction & Demolition Debris (C& Dm) Collection and Transportation to County Landfill: Fj ft-y_Pivr. Dollars per ton .00 ITN 45646 - (Unit Price Words) Unit Price for Mixed Debrist1) Collection and Transportation to Contractor's Staging Area for - transport to Okeechobee Landfill • sev. en Do11ar.,§ enol Ray.f.nty_1 ivp r'pnt• s per cubic yard . . ICY (Unit Price Words) $8.19 $57.54 Unit Price for Construction & Demolition Debris (C& Dt2)) Collection and Transportation to Contractors.Slaging Area for transport:to Okeechobee.Landfill; Seven Dollars and seventy V1,ve. Cents per cubic yard $:)....75 $8.11 Unit Price for Trarisportation of Mixed. Debristl) from Contractor's Staging Ar .:ta Olcee'chobee Landfill (cost associated with landfill disposal.feeswill be.a pass-through cosi, with the Contractor invoicing the. County. at actual cost, without.any additional fees): S' ghteen Dollars . per ton $.$83,8-- !i'N=$ 37- $10.01 (Ohit Price Words) $18.83 Unit Price tor'Trahtpbrtatio.n.of ConstrQetion & betflolitfonfloln'Contractors, .Stapin9.ATS.a7to Ok10e,hpbee Lanai' • (cost.sssociati d;with latlriflidispbsat Tt~es:wll be:a pass-ihr..ottgh,oust, with the Contractor Thvocing the: County at,actuai'cost, without, any 'additional fees): •Eighteefl Dd1lars.. per'toh• $ 113.00. fli :(Phit Piice:Wordsj- .G. Q;37 1. (1.) MIX+ d`•Dotiii . is )i- 5�e 7af o ' ..".`_.. . °sicii;"' �� ' �� i' lziivith'.bt3i1i3iti�:debris`.su��'�s'ra�i�Ij�; n9 irisulafit�ri,'dry, wall sigrlag .efct;o[her. •light con'structio'n debris: (2) C;&D incli(des-but is n. ot.,irjiled to building debrirs such: as roofirng; :siding, insulation,. d y' w.a1I signage, plywoorl,.'larrr berfencingr. and •other miscellaneous conslrui;tion'debris Unit; Pr1c2 for Vegetative Waste. Consolidation (grind)ng & chipping) t C.ounty.or Cbntraatcir's site: One; Dollar and Wi.ftiy Cents (Unft.Price Words) $18.83 • per cubic yard $ �/CYY .$'l.Sf $1.66 $1.57 Unit price fAr;Hauling Muipb,-from Cbunty or Contractor's site to:a:Stale•:Ppproved Dfspasai: Siteptovade illy Cori tra tote 7'1i'icge DDllars an�'.;yi ty Cel • per ;cubic ward! $ 3.5:0 • 1CY .$3.57 .W0 Price qr.c10. UnitNo•eiorprOvidinp-Alituttilti and,Burning Vegetative Debris* Cout4ty'. or'Canteactor's site;: One Dollard aal4 iaearaty-Fi:ve• Cents per cublc:ya d :$:1; •:2 * ..:tCY m443- ' - - - (UriIt Wide 1 o7rd j -13162- $3.66 -$3: 2-$3.66 Page 11.0. 0 F:1Puirrhaslrigleids12010-201.1 FBF F2011'90)12011040 Disaslqrbebrtsi2elnDFril and dist l GoR i'ect 20110{0 Nuficarie Deb Re;nova)13thQad,dcc $1.32 118 TAG GRINDING SERVICES, INC. Unit Price for Cutting Down, Removing and Disposing Hanging Limbs in Right -of -Way: Ei. 4,,Fa e taanar c per cubic yard $ (Unil Price Words) Unit Price for Excavation, Removal, and Disposal of Stumps in Righl-of-Way: rmurtean Dollars per cubic yard (Unit Price Words) Hazardous Waste Removal, Transport, and Disposal: Three hundred abd Fifty Dollars pet 55 gal. barrel $35-3300 !barrel (Unit Price Words) ds) Removal, Transport, and Disposal' Fourty-0,4 Dta Halts per pound ICY-$efr_7J• $87.88 14,00 JCY� (Unit Price Words) Dead Animal Collection, Transport. and Disposal: Si4.ty cents pet pound ; � (Unil'Price Words) $88.93 $14.65 °'1. $361.85 $366.19 $44-;40 /LB .14+,84- $42.89 14+ 84-$42.89 COMP, NY NAME; 41UHGrindingi Servdces , Inc /LB ---&i -- $ .63 COMPA'IYADDRESS: 111 •HnrpLPnhn•e nena •Komi 'CITY; STATE Dadev!1le;.. „Alabama .ZiP•CODE . 3:613.53 TEL'EPt=JONE C .i°25:6 ).; -ii:' iY4:bb1' '±Y) db CERTIFICATEQF•0oMpErEk0:2).f. FEIN.h miBER: .s9413:,5$5. AUTHortt2ED'.siGNATURE::"law- _.?! NAME:. Aiteehiolig: F,.Arlidhd , • trait i •l:PRitf Ea)' 'tr1,TlE:, �d Opa (3) There. is_;nD;com. efei),cy card fequvemeili for debrisremoval, taut I jter�iS eir ng -of land: if Bidder.ddes<noLhave a Leriitica!e.of Competency;.ad cJ docurnepiafir ';ap he•qu ca(igns.of all key staff by po 4,Qn; '.beScnk RIPPOI 1 gXPenence and tra' t W1eft?fen?ri ldrifg: D�saiibe�axperjenc�=.with :� .TRY,'amAge•rpa:rs,/Qb;sile.safetyy,protecllon•of''' pT ' R. �.�; �Qg wl7ii13.0;a4 640.013i00n0ualbrba.0ondbio-hzr/otis wasehygrag pe rice • wa Yhg with:overrme a?nhIesgo. diose pi trots. PLEA,9 StIOM1,T A�!'ORI•gj dui: AND ONE. (1)..6:0PY' Ot= .{Q11R P12.i]�pT $ED; BID: Page 1fioJff' F:lPurcl•iasing'Brds120f027t:E 0f't2011j)D¢�1 0110AD PI5:9ster.Q`Gbcjxj movat end disposal' Conttn0.4ii11040.H`urikene Debris Rerg va18i Doc:doe 119 Consumer Price Index, Northeast Region - September 2014 : Mid—Atlantic Information 0... Page 1 of 4 EXHIBIT Home I Subjects , Data Tools I Publications I Economic Releases Mid Atlantic Information Office Mid -Atlantic Horne I Mid -Atlantic Geography Geoorabhk Information > tlgEBte tlt > News Release A to 2 Index I FAQs I About BIS I Contact Us Subscribe to E -mat Updates Mid -Atlantic Subjects ti0 Follow Us I What's New I Release Calendar I Site Map Search BtS.gov Q' Students I Beta PRINT: &larch Mid -Atlantic Region Mid -Atlantic Archives Consumer Price Index, Northeast Region - September 2014 Regional Prices Unchanged Over the Month; Up 1.2 Percent Over the Year The Consumer Price Index for All Urban Consumers (CPI -U) In the Northeast was unchanged In September, the U.S. Bureau of Labor Statistics reported today. A 2.4 -percent decline in the energy Index since August was offset by Increases In the all Items less food and energy Index and the food index, up 0.2 and 0.4 percent, respectively. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect the impact of seasonal Influences.) Over the last 12 months, the CPI -U increased 1.2 percent, due mainly to an advance in the all items less food and energy index, up 1.5 percent. (See chart 1 and table A.) The food index also rose since September 2013, up 2.4 percent, while the energy Index declined 3.1 percent. (See table 1.) CJrarti.12-month percentchangein CPltorAll Urban Consumers(CPidl), Northeast region, September 201140 September 2014 (not seasonally acijustec Percent change 4.5 :............ .. 4.0 3J 3.0 2.5 2.0 1.5 ---Ali items At dems less loud and energi 05 00 ,._.....w . Sep'tl Oed1i Mar'12 Jun'12 Sep'12 Oec'12 l+tar13 Jul'13 Sep'13 Dec't3 trar'c4 Jun'14 Sep'14 Source: U.S. Bureau of Labor Statistics. Contact Mid -Atlantic News Release Information 14 -1990 -PHI October 22, 2014 Contacts Technical information: (215)5973282 IdI,SIMoPhiledelohiaa bbis.00v www.ds.aoviro1 Media contact: (215)861-5600 0LSMediaphlladelphiatbbls cloy PDF ppf version Food Over the month, food prices rose 0.4 percent, following a 0.2 -percent decrease in August. Prices for the food at home component Increased 0.5 percent and those for food away from home edged up 0.3 percent. Over the year, the food index advanced 2.4 percent. Prices were higher for both the food at home and food away from home components, up 2.2 and 2.7 percent, respectively, since September 2013. Energy The energy Index, which Includes prices for household and transportation fuels, declined for the fourth consecutive month, down 2.4 percent since August and 5.5 percent since May. The one-month decrease was due mainly to a 2.6 -percent dedine in gasoline prices. Prices were also lower for electricity (-2.4 percent) and utility (piped) gas service (-1.8 percent) In September. ..,41.x.-4:../nais.r, nnrtllPact }Am 1 1 /1 R/)1114. 120 Consumer Price Index, Northeast Region - September 2014 : Mid -Atlantic Information 0... Page 2 of 4 Energy prices dedlned over the year, down 3.1 percent, reflecting price decreases for all three major components. Gasoline prices were down 4.7 percent since September 2013; prices were also lower for utility (piped) gas service and eledrtdty, down 4.0 and 0.7 percent, respectively. All items less food and energy The index for all items Tess food and energy edged up 0.2 percent over the month. A seasonal increase In prices for apparel (3.7 percent) led the advance. Higher prices for medical care (0.3 percent), among others, were moderated by lower prices for recreation and household furnishings and operations (-0.1 percent each) stns August. The all items less food and energy index rose 1.5 percent over the year. The advance primarily reflected a 2.S -percent increase in prices for shelter. Lower prices for household furnishings and operations (-1.0 percent) and recreation (-0.1 percent) moderated the increase in the all Items less food and energy Index since last September. Table A. Northeast region CPI -U 1 -month and 12 -month percent changes, all items Index (not seasonally adjusted) 2009 2010 2011 1 2012 12 -month i 1 -month j 12 -month 1-monll2-month 1 1 -month-; th 12 -mon - - 1.61 0.4 2.9' 0.3 1. 0.61 1.5 2.0t ----0-.;i1- - ---2.8 - 0.61---81 - 2.0'---- 0.1; 1.01 .5' 2 2.8 • - 0.5.__-_..2.5-- O.Oi - 1.5; •- 0.51 1� 1 0.3,-- 2.31 ------0-.i; -0.1! 1.1 --6-.;5!------1.6 -3-4r-_--6-.11-----Ti -O.D' 1.2 0.4 2.0 - --- 3-2 -0 --.27 .._ 1.5 0.1j .-- 1.5_ - '-5.61----- 1.9 3.6. -0.11 1.1 02, 1.8� 0.1 1.8 - --- 3.130...- - ._ 0.5` --.-'� -- --021•-- - -0 -1.5; .3; --- 1.3I --- --0.0- - ------- 1.2 4.... 0,51 -Til.-- --v0r- - --i:-i7. 1.1' � - I 3.8' -- 0.1 '-- - 1.9 -0.4. 0.7 -1 3.2 0.21 1.8 0.1; 1.0 2.9j -0.3j 1.81 0.01 1.3 Month 1 1 -month 12 -month ', 1 -month 12 -month . 1-month1 January0.2: 0.5 0.4; 3.0; 0.4; February 1 - -0� 5. - 0.71 - 00f 2. 0.5 r-- • - - - -•- IMarch , 02 iii -----6.-37 _ 0.3 � 2.81 �- 0.8, April i 0.2r --- -0.1 0.2 2.5' 0.5, May 0.1+ -0.8j- 0.2' 2.6' 0.5' ;June 0.81 - - -1.2j -0.1, --. l.71 -- 0.9:. July 1 0. � -1.9. 0.0 1.6, 0.2 '--- ---- -- - -- .- .- .- --- IAu9wt 0.3 -1.2 O.t. 1.47. 0.3 'September w- - -o.t -0.71 -0.1 ---- --- 1.2:---- -0.1' , October 0.0 0.2 0.3' 1.5j -0.11 November t - 0.2� - 2.0 0.21 1.5I- -0.1; . December i -0.1 2_8' _ 0.0 1.6; -0.3, 2013 2014 The October 2014 Consumer Price Index for the Northeast region is scheduled to be released on November 20, 2014, at 8:30 a.m. (ET). Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) whidi covers approximately 88 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 29 percent of the total population. The CPI -U includes, In addition to wage eamers and clerical workers, gawps such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day -to -clay living. Each month, prices are collected in 87 urban areas across the country from about 4,000 housing units and approximately 26,000 retail estabiishments-department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly assodated with the purchase and use of items are included in the Index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An increase of 165 percent, for example, is shown as 116.5. This change can also be expressed In dollars as follows: the price of a base period "market basket" of goods and services In the CPI has risen from $10 In 1982-84 to $11.65. For further details see the CPI home page on the Internet at www.bis.gov/cgl and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www.bls.aoy/ooub/hom/homch17 a.htm In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a focal area Is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national Index, although their long-term trends are quite similar. NOTE: Area Indexes do not measure differences in the level of prices between dtles; they only measure the average change in prices for each area since the base period The Northeast region Is comprised of Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont Information In this release will be made available to sensory impaired individuals upon request Voice phone: 202-691-5200; Federal Relay Service: 1- 800.877-8339. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Northeast (1982-84--100 unless otherwise noted) t_..-.//---._..t.t ../_ .: / :.7 ..+t,.«4.:../.....1r...alo 1..n.,o111++arrli '.i»4vv nnrtbobactlifrn 11/152/')f114 121 Consumer Price Index, Northeast Region - September 2014 : Mid -Atlantic Information 0... Page 3 of 4 - _- _ - , 1 Percent change from Indexes 3 i Historical Jul. • Aug. '• Sep. 1 Sep, 1 Jul. 1 Aug. Expenditure category 1 date 2014 2014 ! 2014 1 2013 1 2014 2014 1 All hems /is! 253.833; 253.185• -213:i14.1-1.21 -0.3 0.0' A11 items (December 1977 =100) . 399.710; 398.6881 398.640.0 1 - t . Food and beverages ,At/ : 248.378 248.184; 249.219' 2.3f 0 3i 0.4� _ -i -- . I}L -•4_ __ Food ,+6!' . 248.470. 248.085; 249.189 2.4 0.31 0.41 Food athome ` .Air 1 246.682; 245.79 247.1311 2.2, 0.2! 0.5: ' Food away from home ,#/ ' 254217' 254.568; 255.348, 2.7, 0.41 0.31 Alcoholic beverages ; Housing --xi- 262.728: 262.659 262.092 1.81 -0.2.-_- -0.2l. 1 Shelter ^ .411/ 318.2031 31 8.800' 318.8421 _ 2.5 0.2 0.0' 1 Rent of primary residence f>? 1 .4 1 316.988; 318.041' 318.5941 2.71 0.51 0.21 Owners' equivalent rent of residences 111121 - - 4 328.932' 329.624, 330.115' 2.5! -0-.4r-11 Owners' equivalent rent of primary residence L31131 ; ,.*/ ; 328.803; 329.482 329.971' 2.51 0.41 0.11 Fuels and utilities - 1 ,.At/ ! 228.0271 225.6611 221569 -0.71 - -2.8 -1,81 Household energy Z06337i 203.6481-199.2251 -1.51 3.4 -22. Energy services 111 1 ..W {195.973' 193.2351 188.904 -1.5' -3.61 -2.21 Electricity LII „qt/ ! 201.255• 199.2301 194.473, -0.7 3.4; -2.4 - Utility (piped) gas service DI ,A/ 172.430 168.181. 165.094; -4.0} -4.31 -1.8 Household furnishings and operations- - , ;• 125.075; 124_39111242741 1.0 -0.61 -0_1 1_ .- ' Apparel �.� : Consumer Price Index, Northeast Region - September 2014 : Mid—Atlantic Information 0... Page 4 of 4 Expenditure category Energy All Items less energy All items less food and energy Percent change from Indexes ; Histoncal Jul. ; Aug. Sep. Sep. 1 Jul. ! Aug. j data 2014 2014 2014 2019 1 2014 j 2014 2.9 2439T37. 2149 -3.1 t}- 5.1+ -2.4 256.891! 258.7021 257.2671 1.6[ 0.2i 0.2 � 259.8141 259.895. 260.3891 1.5! 0.2. 021 Footnotes (1) This index series was calculated using a Laspeyres estimator. A3 other item stratum index series were calculated using a geometric means estimator. (2) Indexes on a December 1982=100 base. (3) Indexes an a December 1997=100 base. (4) Spedal Index based on a substantially smaller sample. (5) Indexes ort a December 1993=100 base. ;Note: Indexapplies to a month as a whole, nol to any specific data, Last Modified Date: Wednesday, October 22, 2014 RECOMMEND THIS PAGE USING: ® Facebook ti. Twitter fa Uniredln TOOLS Areas ata Glance Industries ata Glance Economic Releases Databases & Tables Maps CALCULATORS Inflation Location Quotient Injury And Illness HELP Help & Tutorials FAQs Glossary About BLS Contact Us INFO Mars New Careers fp BLS Find III DOL Join our Mailing Lists Linking & Copyright Info Freedom of information Act 1 Privacy & Security Statement I Disclaimers 1 Customer Survey RESOURCES Inspector General (OIG) Budget and Performance No Fear Act USA.gov Benefts.gov Disability.gov 1 important Web Site Notices US. Bureau of Labor Statistics 1 Mid -Atlantic Information Mike, Suite 610-E, 170 South Independence Mall West, Philadelphia, PA 19106-3305 rEeffairODILEfIalatiLIntb.81199I1C 1 Telephone: 1-215.597•DATA (or 3282) 1 Lnmact Mid•ANantk Realon Lu....//..rm. ....1.1.......•/......:......./,....:A n414-,rt4, et /"n'. rc111.,nnc/nn110111,11..•111.1na;r.Aov nnt-fhpacf htttt . 11 /1 ROn14 123 THIRD EXTENSION TO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Contract to provide disaster debris removal and disposal services is entered into effective as of December 14, 2014 by and between Indian River County, a political subdivision of the State of Florida ("County") and Omni Pinnacle, LLC a Louisiana corporation authorized to do business in the State of Florida ("Contractor"). BACKGROUND RECITALS A. Effective June 14, 2011, the County and Unified Recovery Group LLC entered into a Disaster Debris Removal and Disposal Contract. This Contract was renewed effective December 14, 2012 through December 13, 2013. B. On July 2, 2013, the secondary agreement was re -awarded to Omni Pinnacle, LLC after the original secondary contract holder, Unified Recovery Group LLC, was terminated for non-compliance. C. Article 8 of the Contract contains the term and renewal provisions and the General Conditions of the Contract contain the price increase provisions. C. Pursuant to the Contract, the parties desire to renew the Contract by this Extension. D. This Contract was binding on the parties for the initial term that commenced July 2, 2013 and ended December 13, 2013. The initial renewal term commenced effective as of July 2, 2013 and ended on December 13, 2013; the second renewal term commenced December 14, 2013 and ends December 13, 2014; and the final renewal term shall commence December 14, 2014 and end December 13, 2015. All renewal terms are subject to sooner termination in accordance with the terms of the Contract. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Third Extension. 2. From the effective date of this Third Extension, the parties agree that the prices set forth in the Contract will be an increase from the rate set forth in the 2013 Contract, due to the yearly CPI having an increase of 1.2%, as set forth on Exhibit A attached hereto and made a part hereof. 3. All terms and provisions of the Contract shall be and remain in full force and effect, with the following additions: a. When burning is utilized, an Air Curtain Incinerator Burn Permit must be obtained from the Indian River County Fire and Life Safety Bureau. b. In compliance with CFR 44 Section 13.36, immediately following a disaster event, the County, in consultation with the Contractor, shall determine the Contractor's scope of services and an estimated dollar value of the work for the event, based up on the best data available at that time. CONTRACTOR shall, within five days of issuance of work order, obtain and provide Performance and Payment Bonds to the COUNTY, each equal in sum to the estimated dollar value of the work. The Contractor's bond costs will be paid in full by the COUNTY in the first payment under the contract after the occurrence of a storm event. F:\Public Works\Hurricane - Disaster Preparedness\Hurricane 2014\Third extension Omni hurricane debris removal ........,...n.+a 47 7(VI A el nes 124 IN WITNESS WHEREOF, the parties have caused this Third Extension to be executed effective the day and year first set forth above. Omni Pinnacle, LLC By: (Authorized Signature) Brian Reine Manager (Corporate Seal) Date 11/25/2014 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Wesley S. Davis, Chairman Ap roved: I) i / Joseph'A. Baird, County Administrator rgv�:•.s to for an -g; 1 iciency: Dylan Reing.Id, County Attorney F:\Public Works\Hurricane - Disaster Preparedness\Hurricane 2014\Third extension Omni hurricane debris removal anraamant 17_7(114 tint 125 Omni Pinnacle, Inc. INDIAN RIVER COUNTY PURCHASING DIVISION 1 800 27T" STREET VERO BEACH FL 32960 (772) 2261416 FAX (772) 770-5140 BID FORM SPECIFICATIONS FOR: HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: BID OPENING DATE: BID OPENING LOCATION: 2011040 APRIL 20, 2011,2:00 PM PURCHASING DIVISION 1800 27T1ISTREET VERO BEACH FL 32960 THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS, AND ATTACHMENTS HERETO. FAILURE.TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION. EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE .ADEQUATE TO COVER CONTRACTOR'S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDENTIFIED ITEM. BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by County: Six dollars and ninty-nine cents (Unit Price Words) • Unit Price for Vegetative Debris Collection provided by Contractor seven do11 ora and fifty cents (Unit Price Words) per cubic yard $ 6799 /Cy $7.31 and Transportation to debris staging area per cubic yard $ x:59 /CY-§- $7.7€ $7.84 Unit Price for Mbced Debris11 Collection and Transportation to County Landfill Seventy-five do11.4rs anti 7prn r-Pnt-C (Unit Price Words) Per tan $?� /TN $-7755- $78.48 F:1e=urcnasing1Sids12010-205'1 FY {2011000)120011040 Page 13 of 30 Disaster Debrs Removal and disposal Contraci12011040 Hurricane Debris Removal Bid Doc.doc 126 Unit Price for Construction & Demolition Debris (C& D(2)) Collection and Transportation to County Landfill: Seventy-five dollars and zero cents (Unit Price Words) per ton $}�j5-- $78.48 Unit Price for Mixed Debris(1) Collection and Transportation to Contractor's Staging Area for transport to Okeechobee Landfill Eight dollars and zero cents per cubic yard $ 3.09 /Cy $8.16 1872 (Unit Price Words) ' , $8.37 Unit Price for Construction & Demolition Debris (C& D(2)) Collection and Transportation to Contractor's Staging Area for transport to Okeechobee Landfill: Seven dollars and fifty cents per cubic yard $ -7750 iCy,--�=65 ��.. Unit Price for Transportation of Mixed Debris(') from Contractor's Staging Area to $7.84 Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees): Thirty dollars and zero cents (Unit Price Words) per ton $_ae:sg /TN 4730-_ �2 $31.02 $31.39 Unit Price for Transportation of Construction & Demolition Debris (C&D{2) from Contractor's Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees): Thirty dollars and zero cents (Unit Price Words) per ton $ 30786 n -N .$39-.:62-181-:e2" $31.39 (1) Mixed Debris is primarily vegetation with building debris such es roofing, siding, insulation, dry walk signage and other light construction debris. -(2) C8D includes but is not limited to building.debris such as roofing, siding, insulation, dry wall, signage, plywood, lumber fencing, and other miscellaneous construction debris_ Unit Price for Vegetative Waste Consotidation (grinding & chipping) at County or Contractor's site: Two dollars and seventy-five cents (Unit Price Words) per cubic yard $ 2,75 1CY $2.8+ $2.35 $2.88 Unit Price for Hauling Mulch from County or Contractor's site to a State Approved Disposal Site provided by Contractor: Fifty Cents (Unit Price Words) per cubic yard $ ;:t3- /CY` $ .51 $ .62 $ .53 Unit Price for Providing Air Curtain and Burning Vegetative Debris at County or Contractor's site: Two dollars and fifty cents (Unit Price Words) per cubic yard $ 2-.-50- /CY.. -132:58- $2.61 125$2.61 FAPurchasingadst2010-201ZP1(2011p0D)l?01i0.DPage 14 of 30 Disaster DeG sRemovalanddisposalConlracI2o110,19HurricaneDebns Removal Bid Doc.doc 127 Unit Price for Cutting Down, Removing and Disposing Hanging Limbs in Right -of -Way: Nine dollars and zero centsper cubic yard �D icy $9.19 --$" - $9.42 (Unit Price Words) Unit Price for Excavation, Removal, and Disposal of Stumps in Right -of -Way: Twelve dollars and zero cents per cubic yard b (Unit Price Words) -Hazardous Waste Removal, Transport, and Disposal: Minty dollars and zero cents per 55 gal. barrel $ {J8:00 (Unit Price Words) ICY S42.25 $ $12.56 Ibarrer$91-85 4 $94.16 Bio -hazardous Waste Removal, Transport, and Disposal: Four dollars and zero cents per pound $ 4;150- /1_1344-1:98- _ (Unit Price Words)$4.18 Dead Animal Collection, Transport, and Disposal: One dollar and fifty cents per pound $ 1758 (Unit Price Words) COMPANY NAME: Omni Pinnacle, LLC lLB.$-l. S3- $1.55 $1.57 COMPANY ADDRESS: 90 Glen Court 2ITY. STATE Pearl River, LA ZIP CODE 70452 TELEPHONE: 985-863-2991 PAX_ 985-863-2845 CERTIFICATE OF COMPETENCY(3): None AUTHORIZED SIGNATURE: NAME: Brian Reine (TYPE/ PRINTED) (3) There is no competency card requirement for debris removal, but there is for clearing of land. If Bidder does not have a Certificate of Competency, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs, job site safety, protection of public, working with heavy equipment and removal of hazardous and bio -hazardous waste. Also, identify staff experience working with governmental entities and list those projects. FEIN NUMBER: 30--0345755 DATE: 4/19/2011 TITLE: Manager PLEASE SUBMIT AN ORIGINAL AND ONE (1) COPY OF YOUR PROPOSED BID. Page 15 of 30 F:1Purchasingeids12010.2o11 FY (2011000)12011040 Disaster Debris Removal and disposal Conlrac112011040 Hurricane Debris Removal aid Doc.doc 128 (Jonsumer trice lnaex, Northeast xegion - eptember 2014 : A/ha—Atlantic lnrormauon 0... rage 1 or 4 EXHIBIT A Home I Subjects I Data Tools I Publications Mid—Atlantic Information Office Mid -Atlantic Home Mid -Atlantic Geography Geographic Information > Mid -Mantic > News Release Economic Releases A to Z Index 1 FAQs 1 About BLS 1 Contact Us Subscribe to E-mail Updates Mid -Atlantic Subjects co Follow Us . 1 What's New 1 Release Calendar 1 Site Map Search BLS.gov IStudents I Beta PRINT lr-{1�Search Mid -Atlantic Region Mid -Atlantic Archives Consumer Price Index, Northeast Region - September 2014 Regional Prices Unchanged Over the Month; Up 1.2 Percent Over the Year The Consumer Price Index for All Urban Consumers (CPI -U) in the Northeast was unchanged in September, the U.S. Bureau of Labor Statistics reported today. A 2.4 -percent decline in the energy index since August was offset by Increases In the all Items less food and energy index and the food Index, up 0.2 and 0.4 percent, respectively. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect the impact of seasonal Influences.) Over the last 12 months, the CPI -U increased 1.2 percent, due mainly to an advance in the all items less food and energy index, up 1.5 percent. (See chart 1 and table A.) The food index also rose since September 2013, up 2.4 percent, while the energy Index dedined 3.1 percent. (See table 1.) Chart 1.12 -month percent change in CPI for Alt Urban Cons umers(CPW), Northeast region, September 2011 to September 2014 (not seasonally aMusted) Percent change 4.5 ---AP items A11 items less food and energy 0.6 i Sep'11 Oec'11 taar'12 Jun'12 Sep'12 Dec'12 tlar'13 Jun'13 Sep'13 Dec'13 A1at 14 Jtel'f 4 Sep'14 Source: U.S. Bureau of Labor Statistics. Contact Mid -Atlantic News Release Information 14 -1990 -PHI October 22, 2014 Contacts Technical infonnation: (215) 597-3282 BLSInfoPhiladelshia Tbls.00v waw.bls.aov/ro3 Media contact: (215) 861-5600 BLSMediaPhila delphia labls. q ov PDF pDF version Food Over the month, food prices rose 0.4 percent, following a 0.2 -percent decrease In August. Prices for the food at home component Increased 0.5 percent and those for food away from home edged up 0.3 percent. Over the year, the food Index advanced 2.4 percent. Prices were higher for both the food at home and food away from home components, up 2.2 and 2.7 percent, respectively, since September 2013. Energy The energy index, which includes prices for household and transportation fuels, declined for the fourth consecutive month, down 2.4 percent since August and 5.5 percent since May. The one-month decrease was due mainly to a 2.6 -percent dedine in gasoline prices. Prices were also lower for electridty (-2.4 percent) and utility (piped) gas service (-1.8 percent) in September. http://www.bls.gov/regions/mid-atlantic/news-release/consumerpriceindex northeast.htm 11/18/2014 Lonsumer Yrlce tnaex, Northeast Region -September to 14 : 1Vlla-Atlantic Iluormanon v... rage z oI 'l Energy prices declined over the year, down 3.1 percent, reflecting price decreases for all three major components. Gasoline prices were down 4.7 percent since September 2013; prices were also lower for utility (piped) gas service and electridty, down 4.0 and 0.7 percent, respectively. All items Tess food and energy The index for all items less food and energy edged up 0.2 percent over the month. A seasonal increase in prices for apparel (3.7 percent) led the advance. Higher prices for medical care (0.3 percent), among others, were moderated by lower prices for recreation and household fumishings and operations (-0.1 percent each) since August. The all items less food and energy Index rose 1.5 percent over the year. The advance primarily reflected a 2.5 -percent increase in prices for shelter. Lower prices for household furnishings and operations (-1.0 percent) and recreation (-0.1 percent) moderated the Increase in the all Items less food and energy index since last September. Table A. Northeast region CPI -U 1 -month and 12 -month percent changes, all items index (not seasonally adjusted) 2009 2010 2011 F 2012 2013 2014 1 Month 1 1 -month 1 12 -month 1 -month 1 12 -month ; 1 -month ! 12 -month 1 -month 1 12 -month 1 -month 12 -month 1 -month 12 -month ---------- i - January 0.21 0.5 0.4! 3.0! 0.41 1.6 0.4; 2.91 0.31 1.81 0 6 1.5 [ebruary 0.6, 0.71 0.0 2.5; 0.51 2.0 0.4' 2.8 0.6 2.01 0.1; 1.-15- March .0March 0.21 0.21 0.31 2.6 0.81 2.5; 0.5 2.5 0.0 1.5j 0.5! 1.51 April 0.2; -0.11 0.21 2.5 0.5; 2 88 0.3; 2.3 -0.1 1 1'1 0.0 1.6 May 0.11 -0.8 0.21 2.6! 0.51 3.21 -0.11 1 7 0.0 1.21 0.41 2 0 June ! 0.8, 1.2� -0.1� 1 7; 0.11 3.41 0.2; 1.5 0.1 1.51 0.0' 1.9 July 0 11 -1.91 0.01 1.61 0.213 6 -0.1; 1 1 0.2 1.8! 0.11 1.8 1 August 0.31 -1.21 0.1 1 0.31 3.81 0.5! 1.3 0.2 1.51 -0.3! 1.3 September 1 0.1! 0.71 -0.1' 1.2j 0.111 4.01 0.51 17 0.1 111 0.01 1.2 October 1 0.01 0.21 0.3, 1.5! -0.11 3.61 0.11 1.9 -0.4 0.71 -1 November . 0.21 2.0 0.2! 1.51 -0.11 3.21 0.21 1.8 0.1 1.01 i -1 - + i December 0.1 2.8 0.0' 1.61 -0.3! 2.91 -0.31 1.8 0.0 1.3 11 The October 2014 Consumer Price Index for the Northeast region is scheduled to be released on November 20, 2014, at 8:30 a.m. (ET). Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time In a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 88 percent of the total population and (2) a CPI for Urban Wage Eamers and CleHcal Workers (CPI -W) which covers 29 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, dothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are cdiected in 87 urban areas across the country from about 4,000 housing units and approximately 26,000 retail establishments -department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of Items are Induded in the Index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An Increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details see the CPI home page on the Internet at www.bls,gov/col and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www.bls.gov/opub/hom/homch17 a.htm. In calculating the Index, price changes for the various items In each location are averaged together with weights that represent their Importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. dty average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national Index. In addition, local Indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Northeast region is comprised of Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: 202-691-5200; Federal Relay Service: 1- 800-877-8339. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Northeast (1982-84=100 unless otherwise noted) http://www.bls.gov/regions/mid-atlantic/news-release/consumerpriceindex northeast.htm 11/18/2014 Consumer Ynce Index, Northeast Region - September 2u14 : lvna-Atlantic lnrormauon 0... rage 3 oi'i Expenditure category All items i All items (December 1977 = 100) Food and beverages Food Food at home Food away from home Alcoholic beverages Indexes Historical ; Jul. Aug. Sep. 1 Sep. Jul. J Aug. data 1 2014 2014 1 2014 2013 L 2014 2014 ,At/ 253.8331 253.1851 253.154 1.2 -0.3 0.0 1 399.7101 398.6881 398.640 1 Percent change from ./0/ L248.378: 248.184 249.219 2.31 0.3 0.4 ;4R/ 248.470! 248.0851 249.1891 2.4� 0.3] 4 4liti 246.682' 245.7991 247 131] 2.21 0.2 0.5 ,At/ 254.2171 254.5681 255.3481 2.7 0.4 0.3 .AR/ 246.023{ 248.276i 248.4171] 14 1.0 0.1 , Housing 1 .At/ , 262.7281 262.659 262.092 1.8 -0.2-071 Shelter Al 1 318.2031 318.800 318.842 2.5 0.2 0.0 Rent of primaryresidence 01 316.9881 318.041 316.594 2.71 0.5 0.2 Owners' equivalent rent of residences alai ,/ 328.9321 329.624 330.115 2.51 .,�0.4 0.1 Owners' equivalent rent of primary residence 1111121 ; ,At/ r 328.803; 329.482 329.971 2.5 0.4 0.1 1 Fuels and utilities Household energy Energy services iJ ,A!/ 228_0271 225.661 221.569{ -0.7 -2.8 ,AIR/ 206.3371 203.648 199.2251 -1.5 -0.4 ----- --- Ai 195.973: 193.235 188.904 -1.51 -3.6 Electricity111 .A/ 201.255: 199.230 194 473 -0.71 -3.4 Utility (piped) gas service 1.71 ' .AR/ 172.430. 168.181: 165.094 -4.0 -4.3 Household furnishings and operations ! ,/ 125.075 124.3911 124.274 -1.01]-0.6 -1.8 Apparel -2.2 -2.2 -2.4 -1.8 127.594 129.552[ 134.297; 0.4! 5.3 3.7, 1 Transportation 1 Private transportation I - New and used motor vehicles 121 New vehicles New cars and trucks L 141 New cars 141 Used cars and trucks Motor fuel Gasoline (all types) Gasoline, unleaded regularl4J Gasoline, unleaded midgrade 1411]1 Gasoline, unleaded premium 141 At/ , 221.760; 217.9961 215.981 -0.91 -2.6 -0.9; .AIR/ 1 214.0211 210.9691 208.854: -0.81 -2.4 -1.0' .A!/ I 98.989 98.967' 98.456;• -0.41 -0.5 -0.5 i AIR/ 144.529 144.3791 144.0731 0.11 -0.3 -0.2 vi R/ 1 100.125 100.0161 99.805• 0.0 -0.3 -0.2 At/ 1 137.791 137 473! 138.765, -1.4 -0.7 -0.5. ,AR/ T 160.237 160.768 158.793 0.3 -0.91 -1.2 ,Ate/ 1 310.631 297.424. 289.7331 -4.6 -6.7 -2.6 1 309.385 296.181 288.4881 -4.7 -6.8 -2.6 .Afiri 1 310.426 296.513' 288.556. - 4 -7.0 -2.7 .41/ 315.628 304.3951 297.328: -3.81 -5.8 -2.3 /h/ !- 300.277 289.766 283.400; -3.81 -5.6 -2.2 Medical care Medical care commodities Medical care services Professional services Recreation 131 Education and communication 11 rife 1455.736 455.6881 457.252 1.71 0.3 0.3 ,AR/ 1 371.719 371.018 373.091; 1.91 T -I- • ,AR/ I 478.780 478.958 480.327 1.81 • ,AA/ 1 352.8081 353.3131 354.163; 0.81 ,111/ 1 120.4281 119.55 21 119.424 0.4 0.61 0.3 0.3 0.41 0.2 -0.11 -0.8 -0.1 0.6[ 0.2: I 137.911; 138.4651 138.767; 0.6 Other goods and services ,40/ 1 441.5511 440.7291 442.129! 1.9' 0.1 0.31 1 Commodity and service group , Commodities Commodities Tess food and beverages Nondurables less food and beverages Durables Services 1 196.256 195.065; 195.291 0.11 -1- 164.205 164.0731 -1.21 1 AV 1 185.775 -0.5 0.1 -1.0 -0.1 }F/ 1 216.978 214.0941 214.409 -1.11 -1.21 0.1 � I /1i% : 108.939 108.6281 108.1161 -1.4; -0.81_-0.5 310.2421 310.0731 309.8091 1.81 -0.1T -0.1 Special aggregate Indexes All Items less shelter ,.pn' ; 232.201 231.075! 231.017 0.5 -0.5 0.0 All Items less medical care ,At/ 1 244.920! 244.2481 244.152! 1 11 -0.3 0.01 Commodities less food Ah/ , 168.867 187 4051 167281. -1 1 -0.9 -0.1 1 233.625 231.993r 232.652 0.6 -0.4 0.31 218.585 216.0141 218.3181 -0.9 -1.0 0.11 -1 -- - 311.577' - - - -0.5 -0.21 -02 -0.1; Nondurables Nondurables less food Services less rent of shelter 121 Services less medical care services 1 298.51211 298.323 297.9631 1.81 http://www.bls.gov/regions/mid-atlantic/news-release/consumerpriceindex northeast.htm 11/18/2014 Consumer Price Index, Northeast Region - September 2014: Mid—Atlantic Inrormanon 0... rage 4+ or =+ Expenditure category Energy All items less energy All items less food and energy Percent change from Indexes Historical Jul. Aug. Sep. Sep. 1 Jul. j Aug. 1 data 2014 , 2014 I 2014 2013 2014 2014 Ati 250.014; 242 9391 237 1491 -3.1i -5.11 f 1--- 256.691 256.7021 257.2671 n0.2 0.21 At 259.814 259.8951 260.3691 1.51 0.2 0.21 !Footnotes (1) This index series was calculated using a Laspeyres estimator All other item stratum index series were calculated using a geometric means estimator 1(2) Indexes on a December 1982=100 base. I(3) Indexes on a December 1997=100 base. (4) Spedal index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. 1Note: Index applies to a month as a whole, not to any specific date. Last Modified Date: Wednesday, October 22, 2014 RECOMMEND THIS PAGE USING: ® Facebook Twitter B LinkedIn TOOLS Areas at a Glance Industries at a Glance Economic Releases Databases & Tables Maps CALCULATORS Inflation Location Quotient Injury And Illness HELP Help & Tutorials FAQs Glossary About BLS Contact Us INFO What's New Careers BLS Find It! DOL Join our Mailing Lists Linking & Copyright Info RESOURCES Inspector General (OIG) Budget and Performance No Fear Act USA.gov Benefits.gov Disability.gov Freedom of Information Act 1 Privacy & Security Statement 1 Disclaimers 1 Customer Survey 1 Important Web Site Notices U.S. Bureau of Labor Statistics 1 Mid -Atlantic Information Office, Suite 610-E, 170 South Independence Mali West, Philadelphia, PA 19106-3305 www.bis.00v/regions/mid-atlantic I Telephone: 1 -215 -597 -DATA (or 3282) I Contact Mid-Atlantk Realon http://www.bis.gov/regions/mid-atlantic/news-release/consumerpriceindex northeast.htm 11/18/2014 Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda To: Members of the Board o. my Commissioners From: Jason E. Brown Director, Office of Manag - men & Budget Date: December 3, 2014 Subject: Miscellaneous Budget Amendment 003 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Each year it becomes necessary to "roll over" certain projects that were initiated in fiscal year 2013-2014 to the current fiscal year. The attached entry appropriates funding for these projects for fiscal year 2014-2015. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 003 and Resolution APPROVED AGENDA ITEM: BY: ose. A. Baird County Administrator OR: December 9, 2014 Indian River County A .roved Date Administrator �a//P) Legal : ! }kti Budget AZ Department Risk Management 133 RESOLUTION NO. 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 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 2014-2015 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 2014-2015 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 Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2014. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 134 Resolution No 2014 - Budget Office Approval: Jason Bro ; n, Budget Direc Exhibit "A" Budget Amendment: 003 Entry Number Fund/ D pa ent/Account Name Account Number Increase Decrease 1. Revenue General Fund/Non-Revenue/Cash Forward -Oct 1st 001039-389040 $197,460 $0 General Fund/Federal Public Safety Grants/Homeland Security 001033-331200-14803 $8,756 $0 General Fund/Misc Revenue/Donations N.County Books 001038-366100 $1,337 $0 MSTU/Non-Revenue/Cash Forward -Oct 1st 004039-389040 $41,150 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102139-389040 $5,432,000 $0 Impact Fees/Non-Revenue/Cash Forward -Oct 1st 103039-389040 $3,993,540 $0 Impact Fees/Find Grants/PH2B Grant#IR1253 103033-337711-11001 $156,000 $0 Impact Fees/Grants/DEP PH3 Greenway Grt#T11037 103033-331700-11001 $109,000 $0 Section 8/FY13 Tentant Based Rental Assistance Grant 108033-331672-13806 $266,507 $0 Secondary Roads/Non-Revenue/Cash Forward -Oct 1st 109039-389040 $640,086 $0 Secondary Roads/FDOT SCOP IR Blvd Resurface Grant 109033-334400-13815 $382,264 $0 Secondary Roads/FDOT SCOP Grant/Old Dixie/N Relief to 71st 109033-334400-12008 $1,425,000 $0 Transportation Fund/Non-Revenue/Cash Forward -Oct 1st 111039-389040 $72,132 $0 Emergency Services/Non-Revenue/Cash Forward -Oct 1st 114039-389040 $1,356,793 $0 MPO/Non-Rvenue/Cash Forward -Oct 1st 124039-389040 $59,717 $0 Beach Restoration/Non-Revenue/Cash Forward -Oct 1st 128039-389040 $3,067,992 $0 Beach Restoration/DEP Sector 3 Grant -Post Hurricane Sandy 128033-334939-13014 $2,490,010 $0 Library Bequests/Non-Revenue/Cash Forward -Oct 1st 134039-389040 $5,330 $0 Fed/State Grants/HUD Grants/IR Chronics Renewal FL0360L4H091304 136033-331601-14806 $1,767 $0 Fed/State Grants/HUD Grants/New Horizons FL0120L4H091306 136033-331601-14808 $1,952 $0 Fed/State Grants/HUD Grants/Shelter Plus Care FL0338C4H090900 136033-331601-10810 $38,888 $0 Fed/State Grants/HUD Grants/New Horizons 2 FL0440L4H091302 136033-331601-14805 $2,861 $0 Fed/State Grants/HUD Grants/New Chronics FL0119L4H091306 136033-331601-14807 $9,942 $0 Fed/State Grants/HUD Grants/HUD COCWD TRA FL0113L4H091301 136033-331601-14810 $8,300 $0 Fed/State Grants/HUD Grants/Alcohope Renewal FL0114L4H091306 136033-331601-14804 $2,797 $0 135 Resolution No. 2014 - Budget Office Approval: Exhibit "A" '\...,.. L - Jason Ft Brow , Budget Direct Budget Amendment: 003 Entry Number Fund/ Deart nt/Account Name Account Number Increase Decrease Fed/State Grants/HUD Grants/HMIS Data FL0418B4H09110 136033-331601-13802 $9,693 $0 Traffic Education/Non-Revenue/Cash Forward -Oct 1st 137039-389040 $7,776 $0 Court Facilities Surcharge/Non-Revenue/Cash Forward -Oct 1st 140039-389040 $250,000 $0 Series 2006/Non-Revenue/Cash Forward -Oct lst 145039-389040 $14,937 $0 Series 2006/Find Grant/Find Waterways Jones Pier Grant 145033-337304-09008 $15,000 $0 Optional Sales Tax Fund/Non-Revenue/Cash Forward -Oct 1st 315039-389040 $18,683,269 $0 Optional Sales Tax Fund/FDOT Trip Grant/66th Ave/SR 60 to 41st St 315038-334404-06040 $2,783,791 $0 Vero Lakes Estates/Non-Revenue/Cash Forward -Oct 1st 185039-389040 $686,492 $0 Information Technology/Cash Forward -Oct 1st 505039-389040 $118,054 $0 Total Revenue $42,340,593 Expense General Fund/County Attorney/Legal Services 00110214-033110 $60,184 $0 General Fund/Agencies/Senior Resource Association/Community Transportation Coordinator 00111041-088230-54001 $36,809 $0 General Fund/Agencies/Senior Resource Association/Other Machinery & Equipment 00111041-066590-54001 $100,467 $0 General Fund/Emergency Mgmt/Other Contractual Services Homeland Security Grant 00120825-033490 $8,756 $0 General Fund/N.County Library/Books 00111271-035450 $1,337 $0 MSTU/County Planning/Legal Services 00420515-033110 $41,150 $0 Traffic Impact Fees/District II/66th Ave/SR 60 to 49th St 10215241-066510-06040 $4,147,000 $0 Traffic Impact Fees/District III/Oslo Rd/66th Ave Intersection 10215341-066120-13005 $350,000 $0 TraBridge Impact Fees/District III/13th St SW @ 58th Ave 9 10215341-066510-03024 $220,000 $0 Traffic Impact Fees/District III/Oslo Road/66th Ave Intersection$0 10215341-066510-13005 $715,000 Impact Fees/Fire Services/Station #13 Construction 10312022-066510-08006 $560,000 $0 Impact Fees/Public Bldgs/Refunds 10312113-036690 $35,250 $0 Impact Fees/Parks-Rec./South County Intergenerational Multi-purpose Facility 10321072-066510-03028 $2,383,805 $0 pact Fees/ParksRecNVabasso Beach Parking Expansion on 10321072-066110-07016 $30,454 $0 Impact Fees/Parks-Rec/Sporting Clays & Skeet/Trap 10321072-066510-12001 $381,376 $0 136 Resolution No. 2014 - Budget Office Approval: Exhibit "A" Jason Brow , Budget Director Budget Amendment: 003 Entry Number Fund/ Dep\a4 mentJAccount Name Account Number Increase Decrease Impact Fees/Parks-Rec/IRLT Lagoon Greenway 10321072-066510-11001 $302,000 $0 Impact Fees/Landfill/C&D LF Slopes -Seg 1 10321734-066510-05070 $26,000 $0 Impact Fees/Public Bldgs/Land 10322019-066110 $255,000 $0 Impact Fees/Law Enforcement/Transfer Out 10360021-099210-06048 $100,000 $0 Impact Fees/Corrections/Refunds 10360121-036690 $36,587 $0 Impact Fees/Corrections/Transfer Out 10360121-099140 $148,068 $0 Section 8/Rental Assistance/Regular SalarieslTBRA Grant 10822264-011120-13806 $2,108 $0 Section 8/Rental Assistance/Social Security Matching/TBRA Grant 10822264-012110-13806 $163 $0 Section 8/Rental Assistance/Retirement Contribution/TBRA Grant 10822264-121120-13806 $314 $0 Section 8/Rental Assistance/Workers Comp/TBRA Grant 10822264-012140-13806 $89 $0 Section 8/Rental Assistance/Medicare Matching/TBRA Grant 10822264-012170-13806 $28 $0 Section 8/Rental Assistance/AII Travel/TBRA Grant 10822264-034020-13806 $335 $0 Section 8/Tuition/Registration Fee/All Travel/TBRA Grant 10822264-035430-13806 $325 $0 Section 8/Tuition/Rental Assistance Payment/TBRA Grant 10822264-036730-13806 $263,145 $0 Secondary Roads/Paving Material 10921441-035310 $121,927 $0 Secondary Roads/Road Resurfacing 10921441-053360 $518,159 $0 Secondary Roads/IR Blvd Resurface/US 1 to 17th St 10921441-053360-13815 $382,264 $0 Secondary Roads/Old Dixie Resurface/N Relief to 71st 10921441-053360-12008 $1,425,000 $0 Transportation Fund/Public Works/Other Professional Services 11124319-033190 $51,466 $0 Transportation Fund/Stormwater/Other Contractual Services -Egret Marsh 11128138-033490-05057 $20,666 $0 Emergency Services/Fire Rescue/EMS County Awards Grant Capital 11412022-066910 $15,658 $0 Emergency Services/Fire Rescue/EMS County Awards Grant Operaring 11412022-037310 $1,480 $0 Emergency Services/Fire Rescue/Maint-Buildings 11412022-034610 $66,610 $0 Emergency Services/Fire Rescue/All Travel 11412022-034020 $6,653 $0 Emergency Services/Fire Rescue/Tuition-Registration Fee 11412022-035430 $16,392 $0 Emergency Services/Fire Rescue/Station #1 Rennovations 11412022-066510-15007 $750,000 $0 137 Resolution No. 2014 - Budget Office Approval: Exhibit "A" Jason E. Budget Director Budget Amendment: 003 Entry Number Fund/ Depi r nnt/Account Name Account Number Increase Decrease Emergency Services/Fire Rescue/Station #7 Rennovations 11412022-066510-15008 $500;000 $0 MPO/Planning/Transit Hub Project 12420415-066510 $59,717 $0 Beach Restoration/District I/Near Shore Reef 12814472-066510-14013 $56,900 $0 Beach Restoration/District I/Sector 3 -Post Construction Monitoring 12814472-033490-05054 $109,757 $0 Beach Restoration/District I/Sector 3 Renourishement- Post Hurricane Sandy 12814472-066510-13014 $5,391,345 $0 Library Bequests/N.County Library/Books 13411271-035450 $5,330 $0 Fed/State Grants/HUD Grants/IR Chronics Renewal FL0360L4H091304 13616364-036730-14806 $1,767 $0 Fed/State Grants/HUD Grants/New . Horizons FL0120L4H091306 13616364-088871-14808 $1,952 $0 Fed/State Grants/HUD Grants/Shelter Plus Care FL0338C4H090900 13616364-036730-10810 $38,888 $0 Fed/State Grants/HUD Grants/New Horizons 2 FL0440L4H091302 13616364-088871-14805 $2,861 $0 Fed/State Grants/HUD Grants/New Chronics FL0119L4H091306 13616364-088871-14807 $9,942 $0 Fed/State Grants/HUD Grants/HUD COCWD TRA FL0113L4H091301 13616364-088871-14810 $8,300 $0 Fed/State Grants/HUD Grants/Alcohope Renewal FL0114L4H091306 13616364-036730-14804 $2,797 $0 Fed/State Grants/HUD Grants/HMIS Data FL0418B4H09110 13616364-088871-13802 $9,693 $0 Traffic Education/Agencies/St. Edwards School 13711041-088002 $7,776 $0 Court Facility Surcharge/Facilities Mgmt/New Courtroom Facilities 14022019-066510-12009 $250,000 $0 Series 2006/Land Acqusition/Other Professional Services- Jones Pier 14514639 033190-09008 $29,937 Vero Lakes Estates/Road & Bridge/Petition Paving Material 18521441-035510 $686,492 $0 Optional Sales Tax/Agencies/Senior Resource Associaiton/SRA Bus Shelters 31511041-066510-54001 $30,039 $0 Optional Sales Tax/Road & Bridge/ROW/CR 510,70th Ave to 55th Ave 31521441-066120-05011 $400,000 $0 Optional Sales Tax/Road & Bridge/ROW/66th Ave/CR 510 Intersection 31521441-066120-06004 $1,000,000 $0 Optional Sales Tax/Road & Bridge/ROW/66th Ave/49th to 77th St 31521441-066120-07806 $310,000 $0 Optional Sales Tax/Road & Bridge/ROW/4th St/82nd Ave Intersection 31521441-066120-13008 $650,000 $0 Optional Sales Tax/Road & Bridge/Traffic Signals/45th to 58th Ave 31521441-066440-13004 $100,000 $0 Optional Sales Tax/Road & Bridge/13th St SW Bridge 31521441-066510-03024 $1,246,225 $0 Optional Sales Tax/Road & Bridge/1st St SW/43rd Ave Intersection 31521441-066510-05014 $1,650,000 $0 138 Resolution No 2014 - Budget Office Approval: Exhibit "A" Jason E. rown, Budget Direc or Budget Amendment: 003 Entry Number Fund/ Depnt/Account Name Account Number Increase Decrease Optional Sales Tax/Road & Bridge/66th Ave/49th to 77th St 31521441-066510-07806 $99,945 $0 Optional Sales Tax/Road & Bridge/37th St/IR Blvd Intersection 31521441-066510-13002 $100,000 $0. Optional Sales Tax/Road & Bridge/Oslo Road/66th Ave Intersection 31521441-066510-13005 $9,700 $0 Optional Sales Tax/Road & Bridge/69th St Bridge at Lateral „G" 31521441-066510-14011 $300,000 $0 Optional Sales Tax/Road & Bridge/66th Ave/SR 60 to 49th St 31521441-066510-06040 $6,419,444 $0 Optional Sales Tax/Landfill/41st Street Brownfield Assesment 31521734-033490-03004 $81,079 $0 Optional Sales Tax/Parks/Improvements to Gifford Park 31521072-066390-14006 $29,376 $0 Optional Sales Tax/Parks/South County Intergenerational Multi purpose facility 31521072-066510-03028 $3,944,970 $0 Optional Sales Tax/Facilities Mgmt/New Courtroom Facilities 31521072-066510-12009 $1,000,000 $0 Optional Sales Tax/Public Works/Land 31524319-066110 $400,000 $Ti Optional Sales Tax/Sheriff/Law Enforcement 31560086-099040 $685,000 $0 Optional Sales Tax/Stormwater/Osprey Marsh 31524338-066510-06050 $2,998,757 $0 Optional Sales Tax/Sheriff-Detention Center 31560086-099140 $12,525 $0 Information Technology/GIS/Other Professional Services 50510319-033190 $118,054 $0 Total Expense $42,340,593 139 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director C'' SUBJECT: Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) and Authorizing Resolution for Landscape Maintenance on US1 from the St. Lucie County/Indian River County Line (M.P. 0.000) to just North of 11th Lane S.W. (M.P. 1.856) DATE: November 26, 2014 DESCRIPTION AND CONDITIONS The Florida Department of Transportation is widening US1 from 4 to 6 lanes from the south County line to just north of 11th Lane S.W., with completion expected in 2015. The FDOT requires local agencies such as the County to maintain the landscaping and irrigation systems, including funding electricity for any pumps required. On December 7, 2010, the Board of County Commissioners approved and executed two Letters of Understandings (LOU) with the FDOT which committed the County to maintain the landscaping and irrigation. Attached is a Maintenance Memorandum of Agreement (MMOA) between Indian River County and the FDOT for Landscape Maintenance for US1 for the subject project. The annual cost to irrigate, mow, trim, weed and mulch is estimated to be $30,000 per mile. Landscaping was installed along US1 north of this project under a similar MMOA. FUNDING Based upon a cost of $30,000 per mile, the estimated expense to maintain this segment of landscaping is. approximately $56,000 per year. This expense will result in an increase in the Road and Bridge operating budget. Funding will be provided by the Transportation Fund which is supported .primarily by transfers from the General Fund and M.S.T.U. Fund. RECOMMENDATIONS Staff recommends approval of the attached authorizing resolution and MMOA for the chairman's signature. ATTACHMENTS Authorizing Resolution MMOA DISTRIBUTION Terry Cook, Superintendent, Road & Bridges F•\Public Works,\Luanne M\Agenda Items\FDOT\FDOT US1 Landscape MMOA BCC Agn 11-20-14.doc 140 PAGE TWO Agenda Item from Christopher R. Mora, P.E., Public Works Director November 26, 2014 APPROVED AGENDA ITEM FOR 12/09/14 BY I • Indian River County Approv= . Date Administration 1 %a- Budget / 12 Legal 14 j\. Wi t= i (Z --- z- " / r Risk Management � �Public Works /sa / F•\Public Works\Luanne M\Agenda Items\FDOT\FDOT US1 Landscape MMOA BCC Agn 11-20-14.doc 141 RICK SCOTT GOVERNOR FDOT Florida Department of Transport 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 November 13, 2014 Mr. Christopher R. Mora Public Works Director Indian River County 1801 27th Street Vero Beach, Florida 32960 Dear Mr. Mora: NOV 1 . 7 201:1- L 1 1i) PUBLIC WORKS DEPT. ANANTH PRASAD, P.E. SECRETARY RE: District Four (4) Maintenance Memorandum of Agreement (MMOA) for State Road 5 (US 1) from the St. Lucie County/Indian River County Line (M.P. 0.000) to just north of llth Lane S.W. (M.P. 1.856). FM Numbers 228583-2-52-01 & 228583-4-52-01. Enclosed please find three (3) original Maintenance Memorandum of Agreement (MMOA) for Indian River County for State Road 5 (US 1) from the St. Lucie County/Indian River County Line (M.P. 0.000) to just north of 1 lth Lane S.W. (M.P. 1.856). These landscape improvements are located in the Indian River County under FM Numbers 228583-2-52-01 and 228583-4-52-01. Please have these signed by the County their earliest convenience and return all three (3) to me. The Department's Transportation Development Engineer District IV Gerry O'Reilly, P.E., will execute and date the originals. Once executed by the Department we will return one for your file. If you have any questions or need further information, please contact me at (954) 777-4219. Enclosure: CC: B. Jeffers File Sincerely, Elisab%th A. Hassett, R.L.A. District Landscape Architect www.dot.state.fl.us 142 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) FOR SR -5 (US -1) FROM THE ST. LUCIE COUNTY/INDIAN RIVER COUNTY LINE (M.P. 0.000) TO JUST NORTH OF 11TH LANE S.W. (M.P. 1.856) WHEREAS, the State of Florida Department of Transportation wishes to install $328,377.78 worth of landscaping and irrigation within the right-of-way of SR-5/US 1 from the St. Lucie County/Indian River County Line (M.P. 0.000) to just North of 11th Lane S.W. (M.P. 1.856); and WHEREAS, in consideration of the Department's installation of landscaping improvements they wish Indian River County to maintain the installed landscaping. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute District Four Landscape Maintenance Memorandum of Agreement as described above. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice -Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Commissioner Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approv d as to formialld By: SiAt Ivy William K. DeBraal Deputy County Attorney ecgal sufficiency F:\Public Works\Luanne M\Resolutions\US1 - IRC -St. Lucie Line to 11th Ln FDOT MMOU 11-26-14.doc 143 SECTION No.: 88010 FM No. (s): 228583-2-52-01 228583-4-52-01 COUNTY: INDIAN RIVER S.R. No.: 5 (US 1) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and Indian River County, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US 1) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain landscape improvements within the right of way of State Road 5 (US 1) as described within Exhibit "B"; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit "A" (attached hereto and incorporated by reference herein), within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is agreeable to maintaining those Landscape Improvements within the AGENCY'S limits including plant materials, irrigation system and/or hardscape to the medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair of the median concrete replacements associated with the specialty surfacing (if applicable) as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and yr S ,i•,,. Page 1 of 20 144 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed landscape improvements described as: plant materials, irrigation and/or hardscape on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as referenced in Exhibit "A" and "B". Hardscape shall mean, but not be limited to, site furnishings, landscape accent lighting, bike racks, fountain, tree grates, decorative free standing or retaining wall(s) and/or any non-standard roadway, sidewalk, median or crosswalk surfacing, such as, but not be limited to the following: specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]). If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business days. The DEPARTMENT may elect to withdraw the landscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7, by periodic mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary replanting, irrigation system repair .and/ or repair of any median concrete replacement associated with specialty surfacing (if applicable) following the DEPARTMENT'S landscape safety and maintenance guidelines, Exhibit "C", the Maintenance Plan. The AGENCY'S responsibility for maintenance shall include all landscaped, turfed and hardscape areas on the sidewalk or within the medians and areas outside the travelway to the right-of-way and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard travelway surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. .r;t ,(1Y+c,Itiiii.;urr-_'./t(,Si=L-IdiFIJ..�i �, ` f -t;, ris,•\!thha,,r, r ifi,at,!i(ri ,( i I:I . ,.;I•i,.`? 11 Pd Page 2 of 20 145 B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to properly water and fertilize all plants; to keep them as free as practicable from disease and harmful insects; to properly mulch the planting beds; to keep the premises free of weeds; to mow the turf to the proper height; to properly prune all plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to signage, permitted outdoor advertising signs (per Florida Statute 479.106), and for those using the roadway and/or sidewalk; (3) preventing any other potential roadway hazards. Plant materials shall be those items which would be scientifically classified as plants including trees, palms, shrubs, groundcover and turf. To maintain also means to remove or replace dead or diseased plants in their entirety, or to remove or replace those that fall below original project standards. Palms shall be kept fruit free year round. To maintain means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. All plants removed for whatever reason shall be replaced by plants of the same species type, size, and grade as specified in the original plans and specifications. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the travelway to maintain these improvements, all costs associated with the utilities for the landscape improvements including, but not limited to any impact and connection fees, and the on-going cost of utility usage for water and electrical are the maintaining AGENCY'S responsibility. (1) The AGENCY shall be solely responsible for any impact and/or connection fees AND (2) The AGENCY shall be responsible for the described ongoing utility costs upon final acceptance of the construction project by the DEPARTMENT and thereafter. The Project is accepted prior to the start of the FDOT Specification 580 Contractor's Plant Establishment Period. AND (3) The AGENCY shall be responsible for these improvements immediately after final acceptance of the construction project by the DEPARTMENT except for the plant materials which will be included in the FDOT Specification 580 Contractor's Plant Establishment Period. The AGENCY shall be responsible for the maintenance of all landscape improvements after the completion of the FDOT Specification 580 Contractor's Plant Establishment Period. D. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of !ii i'I• � i'. , !hii. -�I: / uJtg'r..... '�•C•I''iL LSI{. N I' , P.°U .i• I; Page 3 of 20 146 all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the maintenance responsibilities for the landscape improvements, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, placing said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (1) Maintain the landscape improvements or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and / or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's personnel, all of the landscape improvements installed under this Agreement or any preceding Agreements, except as to trees and palms, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the landscape improvements listed in Exhibit "B" in the amounts listed in Exhibit "D" should the landscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape improvements at AGENCY'S expense after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 6. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional landscape improvements within the limits of the improvements rights of ways identified herein, subject to the following conditions: Page 4 of 20 147 (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) The AGENCY shall procure a permit from the DEPARTMENT. (c) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (d) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements it choses to have installed and there will be no cost to the DEPARTMENT. 7. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the rights . of way identified in Exhibit "A" of this Agreement and the AGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed by an adjacent owner. 8. LANDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the landscape improvements with an estimated amount of $328,377.78 as referenced in Exhibit "D". This amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT'S participation in the landscape improvements' cost, as described in Exhibit "D" is limited to only those items which are directly related to the Landscape improvement 'plans. (1) The AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the landscape improvements made by the DEPARTMENT at the completion of the installation of the standalone landscape project by the DEPARTMENT and then upon completion of the FDOT Specification 580 Contractor's Plant Establishment Period. I I'�_ir•ii,, •1:1 �,_i,�i .'li'!I?:1.,-i'.l;,itt...� ,••i ./ .I;'i ;'i' ,i ;�,�, !: :f i'If i ..I ISN Page 5 of 20 148 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY 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 by the AGENCY in conjunction with this Agreement. 10. AGREEMENT TERM A. The term of this Agreement commences upon execution by all parties. The term of this Agreement shall remain in effect for twenty-five (25) years. B. If the DEPARTMENT chooses not to implement the landscape improvements described in Exhibit "B", this Agreement becomes void and the original Agreement is reinstated if any. 11. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub -consultants, contractors, and/or sub -contractors, such party in any contract for the landscape improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (1) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured on such policies. ;1.1i ` r i t-nL„_.;UntJ';fi'(,i t' i i•! Page 6 of 20 149 (2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. (3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 12. E -VERIFY REQUIREMENTS The AGENCY shall: (a) Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 13. SUPERSEDED AGREEMENTS This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 14. FISCAL TERMS 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 one (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 of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 15. DISPUTES The DEPARTMENTS District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the Page 7 of 20 150 prosecution or fulfillment of the service hereunder and the character, quality; amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 16. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. in the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 18. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested All notices shall be sent to the following addresses. If to the DEPARTMENT: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect 19. LIST OF EXHIBITS If to the AGENCY: Indian River County 1801 27th Street Vero Beach, Florida 32960 Attention: Christopher R. Mora Title: Public Works Director Exhibit A: Roadway Project Location and Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Approximate Cost for Landscape Improvements Page 8 of 20 151 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION STATE OF FLORIDA By: By: Chairperson Transportation Development Director Attest: Clerk Legal Approval (SEAL) Attest: (SEAL) Executive Secretary Date APPROVED AS TO FORM AN ALS RC PY ILLIAM K. DE EtRAAL DEPUTY COUNTY' ATTORNEY Legal Review Date Office of the General Counsel it J7,1 , ,i tot, ,t,tt t4HHI q dcJ! ; ;tuilttti ; ttitt tt Page 9 of 20 152 SECTION No.: 88010 FM No. (s): 228583-2-52-01 228583-4-52-01 COUNTY: INDIAN RIVER S.R. No.: 5 (US 1) EXHIBIT A ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: State Road 5 (US 1) from the St. Lucie County/Indian River County Line (M.P. 0.000) to just north of 11th Lane S.W. (M.P. 1.856) II. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS State Road 5 (US 1) from the St. Lucie County/Indian River County Line (M.P. 0.000) to just north of 11th Land S.W. (M.P. 1.856) III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP: Please See Attached Landscape Improvements Maintenance Map Page 10 of 20 153 Q 1 Z J Z \\� ci U Q W Ct O 2 Q V)I.,O �Z2 CQ J 154 STATION NUMBER, TYP. STATION NUMBER, TYP. a Q O O Q � a U-1 W • Q O Q o a Lu Q Lu .ct ijklj!-. O p 155 STATION NUMBER, TYP. j Qz N (411-- 1.1.1 W LU OW CC CL Z WW z 156 157 SECTION No.: 88010 FM No. (s): 228583-2-52-01 228583-4-52-01 COUNTY: INDIAN RIVER S.R. No.: 5 (US 1) EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Robert J. Cotleur, RLA. Cotleur & Hearing, Inc. Date: July 14, 2014 Page 11 of 20 158 O O o; 0 -.4 ul 0 W 0 0 ul FI NANCIA FROM NORTh 1.4 i 2 h ° J rsi H.LA. NO. 1067 0 ut ccW ti 2 ut W 0 u 0 Q FOOT PROJECT MANAGER: BETSY JEFFERS, P.E 159 160 O Q � 2 a m o U' z ` .4„'s. .^ F4 h^ M ):1 m' N o O N o O'o' ry SHEET NUMBERS 2 4 Q 2 W z Q 4 Z C 2 ti . TABULATIION OF QUANTITIES 1 PLANT SCHEDULE 2 g a 2 vN . 2 Q y ^ of n ,o N Q 2 W 2 Q P,',.1.„; 6 ^O'1 Z m m 2 m N N Q 2 W 2 Q a m ^ ^' N N O b ORIDA NSPORTA TION FINANCIAL PROJECT ID 228583.2.52-01 W nl ^ N ^ J N a b STATE OF FL DEPARTMENT'OF TRA OAO NO. COUNTY 5 INDIAN RIVER htrnteaa / PLANT SC i w 1- z k�W i 2 2 z z x z 2 z x>>> a x £ t h n Ib e,Cn b b o b m b h i� s . cc" BULATION OF QUANT!, SIZE / REMARKS GRAPHIOLA OR SOOTIE MOLD IB. ' RB, (SEE PLAN FOR CT HOT) ti _ LILA LICK. CURVED TRUNK N X ' {x� w m W SU U S11/-1 U i V H O ci W •3m n O II O II ‘4, p W Landscape Nchi1H1 01 Record: Robert I CWleur, RLA 47067 Cotleur & Hearing, Inc. 1934 Commerce Lane Sulte l Jupiter. Florida 33458 567-747.6336 Fax 561-747-7377 Cert. o/ Auth. 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W m ;11 2 tl W o U 2 1- 4 x m j .8 x DESCRIPTION h W V O O 1 i > W b NW O F Q10'; a z m N z Lt 160 PAY ITEM NOTE W E m O Q> W V J 2 0 ;!.‘0:s, r U 0: 0 U O N w m ; V O OI_ WCC i Cit ¢ 1_ � 1 W 2 U W D W m p O W Oa1._� 2 �-aW WZ W i J2n�0D4 woo 20�.�i W O VON OW= 2 vi 4 n 2 1-=j p0 W 4 4 C 0 1-- {{�.N U I 2 U 0 O N W W O Da 0x WOm 020 1^Q.''i 0 Ww ¢v1 3 Z1x-C 0 iW-C!$0 m O V 0FC- J V a 2 < a V ohm ?Zti O > 0> �~ ,ta >wm J COC 2 I 0 4+> 2 W ¢Nti utaO j :-11;111.1 2 W O I w41- ry N � O � N w1 h b LANDSCAPE GENERAL NOTES. W I U v o Wo = W O 01 O 0 m�yC4 I ¢ W 12 0 O O0y1 W o a o 04 WW? I W = 0 0 N I W F ~ 3 4 2 O � ¢ .L1', Qtizo ;IT! W W D I U 0 a I ¢ O W a O DDD w b 0 ¢YCWOO D ¢ z V O 0 �a�ti ut a o W W Q I a 2 C i I 0 W > V !ii!" ¢ W t O O O W W O V 4 w a b j 8 Z£ J N a 4� b h ti T i W 3 = W V f Q o�W iv,2� p%�o ¢ i¢ m Q Q 2 2 W m_ a F Q O QSNOo1'w 000 R O 0� h 02V�21-� 2Q�W W mo W 11,� OCL. J� a W Q V 2 D U 3 0 4 Q Q a 2 W I D � w Z W U O O O V ti U m ¢ n 2 o 0 12 b .moi W¢ V 4 D? 3 Q 2 W w z a m 3 a 0¢ZO1jo I 3F. y'01. JI.¢iQ4¢� Q~ n O W I ]c W ? t000I{C. W? D 2 a 0 O 98 yC1 Y-0 W W C O Q a 3?¢ w_ W 3v2iY03 O p D V a 0 F i�¢waww ¢ 1-00=�aQQ W W 0oNy1 �l0 t4= ;71i O r WD 3 oQ b n p V - z w V ~ o DQ 28 Iy ";5-1 � D W -1 Q K W K C 2 1I.O W 1- 2h z 4Q D W 2 0 W O oz m O 9 9.O a z� zz W i b W m w o y1 h W Q V t u b m w w Q h J D a 1:i12 2¢ Z V C V 0.0 Z D u? D O Q' 2 2 F W o N 2 1 J o W JDIQ. W W 0 Z~ O W x o C D D O 3v 2w tin 0 W O I O 0 0 vlxo 3z Wut 0i 2 4 tf FINANCIAL PROJECT 10 228583.2-52-01 5 0 INDIAN RIVER 2 s a >0 W DESCRIPTION 0 0 0 ti O MIN 5' DIA. % k k 9. [ INDIAN RIVER EUROPEAN FAN PALM DETAIL MEDJOOL DATE PALM DETAIL 162 9-07 133HS 3N/7 Ha1VVV BEAN LANDSCAPE STA. 553+27.06 (' CONST SR 5) / / R/W LINE _ \ 500' ODA VIEW ZONE t I�r��^i• � � \ •-. 1 i ) UTILITIES 1 `�y EEC R/W — ,_ f r �C\ R/W LINE L v .C)' ` . R/W LINE• / MSE WALL \ ....^•• . _ r , / I\Y_ SIDEWALK \ � \ /� �.M010 r --- --------------------------- BARRIER WALL - ----�•-. - - _ - SR 5 (US ]) — - - MI SC ASPHALT 7- -- -- 553A GUARORAfL 554 555 556 r Q CONST 5R•S 557 - ---- ---_ V—TYPE E CURB • -- ---/ , SR 5 (US ]) — — — — — ---- _..\_. _ _ __ SIGN -- ._—.._— ____ �_ –_ •.___ _-- • BARRIER WALL — • o. ®�ee t SP ) ��' / SIDEWALK e Q / 8 UTILITIES Gs JS 1 /• // f T e R/W LINE/ / / /•�" FEC JUL FEC R/W ,/�%> R/W L I NE * `� 1 •.1;9: • ! • R/W LINE• '�/ LL 0 J FINANCIAL PROJECT ID 228583.2.52.01 d z O U '0 o m 0 U 4 Q Q 0 163 g 0 0 228583-2.52-01 0 IJJ z 2 00 0 0 0 0 \PROIECIS.F001,118581-1 USI 08 I5C‘Inntlseu1iganC0U2 dun 164 8_01 133 -5 3N 11 14310 9-07 133//S 341/7 10_0M, FINANCIAL PROJECT ID 278583-2-52-01 0 V w Q 0 2 • 0 0` 0 U C 0 O 2 0 V 0 0 USI 08 IRCSI ndicpIRlanl003dOn 165 166 44 _dY Atir tor P!; 0 01-07 133HS 3N/7 HOl MY 1 h 2. N 135 15 1512 41 9-07 133HS 3N17 HO1VIN E.> FINANCIAL PHO/EC 0 0 0 0 0 O 0 0 0 O -0.001,22,583•3 USI 08 I NCVaMf 167 //-07 133NS 3N/7 HO1 yfy FINANCIAL PROJECT IO i O INDIAN RNER 6-07 133HS 3NI7 H01VIN ( 0 168 ti W W > � O UJ 2 z W CC C O Us' CC 3 W W c • O • W V1 z z O • = O ••6. 2B • 0/-07 13.3/ -IS 3N/7 H�ld{N \tja tji i a 228583-2-52-0I INDIAN RIVER ti 0 0 0 0 169 ELECTRICAL SERVICE LEGEND VALVE LABEL DETAIL NOT TO SCALE IRRIGATION LEGEND AND TABULATION OF QUANTITIES J Q ~O P 1- ob. R P ,,l W N P P P `, P N 2 P 'QUANTITY BY SHEET O - t-, . ^Pl N N N In q UO b p ^l el ^t ^l - a. N N P . - O N O, N W W W W W W W W W W W W `..'i '.'..) `S DESCRIPTION RAINBIRD 1800 SERIES 6' POP UP E.S. (ENO STRIP) RAINBIRD 1800 SERIES 6" POP UP 5.5. (SIDE STRIP) RAINBIRD 1800 SERIES 6' POP UP 10' HALF RAINBIRD 1800 SERIES 12" POP UP 70' HALF RAINBIRD 1800 SERIES 6" POP UP 15' QUARTER RAINBIRD 1800 SERIES 6" POP UP 15' HALF RAINBIRD 1800 SERIES 6' POP UP 1S FULL 847681RD 5004 SERIES ROTOR. QUARTER (3.0 GPM NOZZLE) RAINBIRD 5004 5ERIES ROTOR. HALF (3.0 GPM NOZZLE) RAINBIRD 5004 SERIES ROTOR, FULL (3.0 GPM NOZZLE) IRRITROL 100 SERIES 1-1/2" REMOTE CONTROL VALVE 3" WELL & 3 HP PUMP STATION. WITH CONTROLLER AND RAIN SENSOR • PVC SCH. 760 LATERAL LINES • 2-1/2" PVC SCH. 40 MAIN LINE • SCH. 40 PVC SLEEVE (SIZE A5 NOTED 1N PLANS) ti le c)xocioi›.4hibecs 11 11 11 11 11 11 1/ II 11 " 1 tl 11 11 1 11 11 Q (n a Lu Uu NJ CCW U 2:a In WQ W W tiLn cc z a l7 l7 0 a z z 0- 0- z a co O co N M O O CO Co O N czt 0 FINANCIAL PROIEC O z O O z O 0 Q O 1 6 170 h IRRIGATION G i `q 0 ;12;i',,,,.1a >a o N -':""o: 4- WW V O 011-301 -2' O N C 1 N 1Qn O V f W W W 2 2 .i',- !ii ht,,o. 0 C i �tii- >„ 1,,q W ? ti mR N �- "'0 nwp 4-o Oq0 ,,W�O WW2S 10Ili,W W N44 WOW O^O QO> U2 Vh 1, U U Q X� i q22UC�1-2 QY.. JO W V Wti3 WI�_Ul.01$V?ti 101I i 201 W Q W O? 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'' 2 1- W 74, Ii- W W R W V W 7 y i ¢14-a0 �- W `- Q m� C ->i0 't: W W j N _a<Qti it°, �2_q4-�- OF1-I �1utO.14>j2Q W�01W-=V�•=W I W jW �I>>IT-oIii;`; WQN(- Ilw 1-j2¢pOOWIaz I Q O Q W U 4 ti O ¢¢ 1' FOOtiOpo¢W 2 hm N N 1_OrWW t1-? �n 3U>F Imu1 C3*0a'O ¢3 Z ¢ ¢� w¢ ? �v`Io¢ ¢j4� jup? v�I 1�nI2 �U ti 0. K 0 f.:: ^1 O N N N N N N h H h '*1 1 M '1 M M M 37 ELECTRICAL WORK FOR IRRIGATION SHALL FOLLOW: SPEC 630 REOUIREMENTS AND NEC. FINANCIAL PROJECT ID 228583.2-52.01 INDIAN R11/ER 2 O DESCRIPTIO 0 172 NOT TO SCALE k CONTROL VALVE DETAIL \k ( 228583-2-52.01 \ INDIAN RIVER BE USED WITH FLOWS LESS THAN 4 GPU. T TO SCALE *TYPICAL TRENCH DETAIL ( ,371 173 i O O 0 0 0 0 O 0 174 FINANCIAL PROJECT 1D INDIAN RIVER 91-07 13.31 -IS 3N/7 HOl t %N W Z O 0 175 A ec ■ 0 0 0 o SO3 %I 113 / w { \ k BREAKER SIZE % § §k INDIAN RIVER 176 SECTION No.: 88010 FM No. (s): 228583-2-52-01 228583-4-52-01 COUNTY: INDIAN RIVER S.R. No.: 5 (US 1) EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Date: July 14, 2014 Please see attached Page 12 of 20 177 Project State Road No(s): Maintenance Limits: County Line (M.P. 0.000) to FM No(s): Maintaining Agency: RLA of Record: Date: MAINTENANCE PLAN LANDSCAPE IMPROVEMENTS SR 5 (US 1) SR 5 (US 1) from the St. Lucie County/Indian River just north of 11th Land S.W. (M.P. 1.856) 228583-2-52-01 & 228583-4-52-01 Indian River County Robert J. Cotleur, R.L.A. #1067 July 14, 2014 1. General Maintenance Requirements and Recommendations: The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. 1, Chapter 2.11 and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan describes general maintenance requirements and recommendations. The concluding section provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. Watering Requirements: Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over -spray onto travel lanes. Irrigation System: The Agency shall ensure there are no roadway overspray or irrigation activities occurring during daytime hours (most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. Integrated Plant Management: An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Page 13 of 20 178 Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulching: Mulch planting beds in such a manner as to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient Toss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the base of shrubs to encourage air movement in this area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. Pruning: All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to specific pruning heights maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards, all palms are to be kept fruit free. The specific pruning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants are noted on the plans (See Exhibit B.) and see Part II. "Specific Requirements and Recommendations" for guidelines. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be maintained at a height in compliance with FDOT Design Standards Index 546; Page 2 of 6, Window Detail. Vertical tree heights must meet FDOT Maintenance Rating Program (MRP) standards. Staking and Guying: All staking materials, except for replacements, are to be removed by the completion of FDOT plant establishment period or at a minimum one year. Any subsequent staking and guying activities by the Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. Turf Mowing: All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). Litter Control: The area within the maintenance limits of the landscape improvements shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. Page 14 of 20 179 Weeding/Herbicide: All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. It is the applicator's responsibility to restore any damage, resulting from overspray to the plantings, per the approved plans. Plant Replacement: Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect. Hardscape (Specialty Surfacing): In order to provide a safe and attractive roadway for the traveling public, all specialty surfacing shall be maintained in a clean and intact condition requiring periodic cleaning and sealing of the surfacing. All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (/CPI), Guide Specifications for Pavers on an Aggregate Base, Section 32 14 13 Interlocking Concrete Pavers, Part 3.05. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. Hardscape (Non -Standard Travelwav Surfacing): ft shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused or contributed by the installation or failure of non-standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or "patches" will have a minimum length of 10 -ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. The AGENCY shall notify the DEPARTMENT upon completion of the restoration. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. Hardscape (Landscape Accent Lighting) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. Page 15 of 20 180 Maintenance of Traffic Control Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. Vegetation Management at Outdoor Advertising (ODA) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for "Vegetation Management at ODA signs" "Florida Statutes" and "Florida Administrative Code" related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. II. Specific Proiect Site Maintenance Requirements and Recommendations: 1. General lnformation Some of the unique landscape features provided include: • Bold, gateway landscape plantings; including Sabal palms adjacent to the bridge and flowering Crepe Myrtle and -Magnolia trees, European Fan palm accents, and stately Date and Royal palms between 21st Street and Highlands Drive. • Sabal palm street tree plantings along the sides of the right of way. • Oak tree buffers for residential properties at the base of the bridge. • Accent shrubs and palms around the location of the future entry sign. • Frangible flowering Oleander trees and Pygmy Date palms within the median between 21st Street and Highlands Drive 2. Specific Maintenance Requirements a. Specific Fertilization Requirements • Periodic fertilization applications for all shrubs, trees and palms (excluding Sabal palms) is one of the best ways to keep them disease and insect free. Utilize a 'palm special' fertilizer with an analysis' of 8-2-12, 100% slow release form of nitrogen and micros on all the plants, including palms, trees and shrubs. All chelates and sulfates must be water soluble. Do not utilize fertilizers that were specifically formulated for trees and shrubs on the palms. Follow all manufacturer recommended rates and application methods. b. Specific Pruning Requirements • Self shedding Royal palms, shall not be trimmed, allowing their dead frond to shed naturally. All other palms shall only be trimmed when their fronds are 100% necrotic (dead). Never remove any fronds positioned above a 90 degree angle. Care should be taken not to wound any palms tree during pruning, as wounds can promote pest infestation and disease. Page 16 of 20 181 c. Shrub Trimming • A small amount of Green Island Ficus and Dwarf Variegated Schefflera shrubs are utilized around the future entry sign location. These species can be sheared as a mass to provide uniform height. The edges of the mass should be leaned inward and should be rounded off at the top, as opposed to straight sides with square corners. Maintain the Green Island Ficus shrubs at about a 2' foot height and the Dwarf Variegated Schefflera atabout a 3' height to create a tiered effect. 3. Specific Irrigation Requirements • Some of the species utilized do not tolerate wet soil conditions for extended periods (after the plants are established) and therefore, the irrigation should be turned down in the areas adjacent to these plant types. These species include European Fan Palms and Medjool Date palms. 4. Pest and Disease Management • Care was taken to avoid plant species that are highly susceptible to insect problems, however there are a few that need to be monitored and can typically be easily controlled. Special attention should be paid to the Oleander trees to ensure they remain insect free. Ir''... : lig .:��.-i.lr �li�_l it �i Thf_I:4 !.I I' Page 17 of 20 182 REFERENCES This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up to date information. Accessible Sidewalk (ADA) http://www.access-board.gov/quidelines-and-standards/streets-sidewalks Americans with Disabilities Act (ADA) (ADAAG) http://www.ada.gov/2010ADAstandards index.htm American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning), available for purchase http://webstore. a nsi. orq Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and- Services/Bureau-of-Plant-and-Apiary-Inspection/Plant-Inspection#pubs Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2010 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www2.iccsafe.orq/states/florida codes/ Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 544 Landscape Installation http://www.dot.state.fl.us/rddesion/DS/14/1Dx/00544.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 546 Sight Distance at Intersections http://www.dot.state.fl.us/rddesign/DS/1411Dx/00546.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 600 Traffic Control through Work Zones http://www.dot.state.fl.us/rddesign/DS/1411Dx/00600.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 700 Roadside Offsets http://www.dot.state.fl.us/rddesion/DS/14/IDx/00700.pdf Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Vol. I ,r I. 'l il'( f�., ll �?I',�•i if 1tr ('.i i .11T1 - Page 18 of 20 183 Chapter 2.11 Horizontal Clearance Table 2.11.5 Horizontal Clearance to Trees Table 2.11.11 Recoverable Terrain http://www.dot.state.fl.us/rddesign/PPMManual/2014PPM.shtm Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580 Landscape Installation http://www. dot. state.fl. us/specificationsoffice/Maintenance/Jul 14/Files/SS5800000. doc http://www.dot.state.fl. us/specificationsoffice/Implemented/Workbooks/JulWorkbook2014/Fil es/SP5800000FA.pdf Florida Department of Transportation, Landscape Architecture Website www.MvFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http://www. dot. state.fl. us/statemai ntenanceoffice/MaintRatinq Program.shtm Florida Department of Transportation Outdoor Advertising Database http://www2.dot.state.fl.us/rightofway/ Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.org/list/list.htm Florida Irrigation Society http://www.fisstate.orq Florida Power and Light (FPL), Plant the Right Tree in the Right Place http://www.fpl.com/residential/trees/right tree right place.shtml A Guide to Roadside Vegetation Management http://www.dot.state.fl. us/statemaintenanceoffice/DOT%20Final%20(3)Turf%20Managem ent%20Guide%20UF.pdf Interlocking Concrete Pavement Institute (ICPI) http://www.icpi.orq/ International Society of Arboriculture (ISA) www.isa-arbor.com UF IFAS: Selecting Tropical and Subtropical Tree Species for Wind Resistance http://edis.ifas.ufl.edu/pdffiles/FR/FR17500.pdf U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices http://www. m utcd.fhwa.dot.gov Page 19 of 20 184 SECTION No.: 88010 FM No. (s): 228583-2-52-01 228583-4-52-01 COUNTY: INDIAN RIVER S.R. No.: 5 (US 1) EXHIBIT D APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. $328,377.78 k ; iSf ;14;_ P -• ,! I • Y..!, ji. • Page 20 of 20 185 O N F 0 d LIA 5 n 12' OA x 5' SPRD, MULTI, LIMB UP 5' • O l0 OO O O Ol O O N O O ao 0 o 0 N 0 ci On"P oo�v 14 0 0 o cO O aO n - ^S rn .ti r-: 0 O 1: 0 r.; uN to • o l0 v• nO O N O nO n ,., VN ▪ N ifl 0 in 0 IN in Y1 mi O*y tD .y. 1/1 CO M M N err err err err en a Rr +rr 4A -err err 4A- M. 4! 4A- VI- c. O O M {00 • p conn O O M N N co g en M O N f�) O \ O O V in Lai ni 4- ^ U '4R Ce H V 0 Q Z 3 d O a m 4.4 ++r an yr aq arr as u Q �. OC YY� U w ai to • v VI Qp 0. a.W et Z o M tel H at • N �! coBN 0 m 11.1 H' Z J a ..r G .QJ et ,J z V) I" Q Q J U Z O Q F 4I--5 3 4 O p a o 1-W a ii M J a o b x 1" ixz 2 o v W c w d v V m U R • C Wir1,1. - Z Mg Nco xmr▪ Z al W - in w aetm i Q�, rriI u sil 6 Z ri (7 N N O O N W a Ce N ..4 J W 0o • CZ ZIP7' b x V Q a. u Y C • P. E c v a d ae 3i re i _ A- E —O '$ .g E a O f 76 o. PI PI 81 o o S E E CD 0 a c f V V 04 § a' c 2 N .� N C C 2q� C o o v iii Y CD ? g . c x w z o • $ c -1D Z Z = E a a nea regla - Florida Royal Palm Z Z d a 0. 0' 0� vii V) DIFFERENCE 186 CONSENT SL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Development Director FROM: Sasan Rohani, AICPA Chief, Long -Range Planning DATE: December 2, 2014 SUBJECT: REQUEST FOR AUTHORIZATION TO TRANSFER TWO COUNTY DONATED SURPLUS PROPERTIES TO EVERY DREAM HAS A PRICE, INC. FOR AFFORDABLE HOUSING AND TO GRANT A ONE YEAR EXTENSION TO HABITAT FOR HUMANITY TO BUILD AN AFFORDABLE HOME ON A REMAINING COUNTY DONATED LOT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 9, 2014. BACKGROUND In 2006, the legislature passed HB 1363 which amended Florida Statutes 125.379, relating to affordable housing. One provision of that bill required each local government to periodically prepare an inventory of all real property that it owns within its jurisdiction that is potentially appropriate for use as affordable housing. After preparing the inventory list, the governing body must review the list at a public hearing, and identify specific properties that are appropriate for affordable housing. Properties identified as appropriate for affordable housing may be sold to generate funds for affordable housing, or sold with a restriction that requires development of the property as permanent affordable housing, or donated to non-profit housing organizations for the construction of permanent affordable housing. 187 In accordance with state requirements, the county identified several surplus lots suitable for affordable housing. Some of those lots were donated to non-profit housing organizations, including Habitat for Humanity (HFH), Every Dream Has a Price (EDHAP), and Coalition for Attainable Homes (CFAH). Now, HFH has indicated that two of its County -donated lots should be turned over to EDHAP and that a one year extension is needed for HFH to build an affordable home on another County -donated lot. The Board of County Commissioners is now to consider those requests. ANALYSIS In 2007, staff used County Property Appraiser data and conducted a search for county owned properties. That search yielded a total of 441 county owned properties. After extensive research and coordination with other departments, planning staff identified the designated use for each of the properties on the list: Many of those properties were purchased by the county for right-of-way, stormwater, conservation, or other county related uses. Other properties were identified as park sites in various subdivisions that were dedicated to the county through the platting process. Based on its research, staff determined that only 10 out of the 441 parcels on the original list were not designated for any specific public use. On June 19, 2007, the Board of County Commissioners held a public hearing and adopted Resolution 2007-068. That resolution identified the 10 properties that were determined to be appropriate for the provision of affordable housing. The resolution also directed the General Services Director to offer those properties to non-profit housing organizations with established community land trusts for the provision of affordable housing. Consistent with the Board's direction, the General Services Director offered the surplus properties to non-profit housing organizations with established community land trusts. Despite that offering, no qualified non-profit housing organization applied for the lots. Eventually, the Board decided to donate the lots to non-profit housing organizations without established community land trusts. In 2009, the county donated two properties to HFH, four properties to EDHAP, and three properties to CFAH for the construction of affordable housing units for very low and low income households. HFH built three units on its donated properties; EDHAP returned two of its properties to the county and built a duplex on its remaining property, while CFAH did not initiate construction on any of its three donated lots. For all three non -profits which received donated lots, the County included a deed restriction in the property transfer which required the non-profit to build affordable housing for very low and low income households on its lots within three years. In the CFAH's case, that provision was incorporated in Exhibit B of the deed for each of its lots. Before its three year building timeframe expired, CFAH informed the county that it would not be able to utilize its three lots and indicated that it wished to return its three lots to the county. Those three properties consisted of the following: • 4716 33`d Avenue (in Smith Plaza subdivision)/32-39-22-00007-0090-00009.0 • 1865 38th Place (in Geoffrey's subdivision)/32-39-26-00010-0080-00110.0 • 1855 38th Place (in Geoffrey's subdivision)/32-39-26-00010-0080-00111.0 2 188 After receiving the CFAH's lot return request, staff coordinated with HFH and determined that HFH was interested in obtaining the Coalition's three lots in order to build affordable housing for very low and low income households. Those three lots were then transferred to HFH with a January 2015 deadline for building affordable houses on the three lots. Recently, HFH informed the county that it wants a one year extension for building an affordable housing unit on the Smith Plaza lot and wants to return the two Geoffrey subdivision lots to the county, acknowledging that EDHAP may be able to use the lots (attachment #1). At the same time, EDHAP informed the county that it is interested in the two Geoffrey subdivision lots for building affordable housing units (see attachment #2). Because EDHAP is interested in the two lots that were previously donated to HFH by the county, staff's position is that HFH may convey the lots directly to EDHAP without the county taking ownership of the properties. For that transfer to occur, however, the Board of County Commissioners needs to authorize the transfer and needs to establish a new three year period for EDHAP to build affordable housing on those lots. To that end, staff has drafted a resolution that authorizes the transfer and establishes a new three year period to build affordable housing on those transferred lots (attachment # 3). In addition to its request to return the two Geoffrey subdivision lots, HFH has found a homebuyer for the remaining Smith Plaza lot and has asked for a one year extension to build an affordable home on that lot. Staff's position is that granting a one year extension to HFH to build an affordable housing unit on the remaining Smith Plaza lot is acceptable. That extension request can be granted by the Board, and the requested one year extension has been incorporated into the attached resolution. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1) Approve the attached resolution authorizing HFH to transfer ownership of the referenced two Geoffrey subdivision lots to EDHAP, with a condition that the properties' restrictive covenants remain in place, except that EDHAP will have 3 years from the date of deed transfer to build affordable housing units for very low or low income households on the two lots. 2) Grant a one year extension to HFH to build an affordable housing unit on the Smith Plaza lot by December 31, 2015 pursuant to provisions recited in the attached resolution. ATTACHMENT 1. Letter dated October 30, 2014, from HFH 2. Letter dated October 31, 2014, from EDHAP 3. Resolution 3 189 Approved Agenda Item: Indian River Co. Approved Date Admin. It*, ),Z) q,y Legal f )7'.' 11 Budget 124;1 Dept. 12 2 Risk Mgr. F:\Community Development\COUNTY OWNED LANDS\Lots Transfer\2014 Transfer lots from HFH to EDHP doc 4 190 October 30, 2014 Indian River Habitat for Humanity® 4568 N. U.S. Hwy. 1, Vero Beach, FL 32967 • Tel: 772-562-9860 • Fax: 772-562-8732 • www.irchabitat.org Sasan Rohani, AICP Chief, Long -Range Planning Section Community Development Dept. Indian River County 1801 27th Street Vero Beach, FL 32960 Dear-Sasan Rohani, I am writing to inform you that Indian River Habitat for Humanity will be unable to meet the January 2015 deadline that required the building of homes on three lots donated by Indian River County. Habitat has been unable to find homebuyers that wish to have homes built in the Geoffrey Subdivision, and as a result, we would like to return the following: 1. 1855 38th Place —Tax ID # 32-39-26-00010-0080-00111.0 2. 1865 38th Place — Tax ID # 32-39-26-00010-0080-00110.0 NOTE: The charity "Every Dream Has a Price" is willing to accept the aforementioned Tots. On the other hand, we do have a homebuyer for the Smith Plaza lot located at: 3. 4716 33rd Ave — Tax ID # 32-39-22-00007-0090-00009.0 We would like an extension that would allow us to build and sell the home by December 31, 2015. A potential homebuyer has been identified and she has seen and approved the lot. C)ur client entered the program in March 2014 and. as of today, has completed 35% of her "sweat -equity" requirement and has saved 22% of her escrow monies. (Our guidelines require the homebuyer to complete 60% of their hours and 60% of their savings prior to constructing their home.) I would expect that we will be able to start her home by July and complete it by November 2015. Thank you for considering this proposal. Sincerely, Andrew R. Bowler President/CEO Indian River Habitat for Humanity ATTACH ,MFM AN ECUMENICAL CHRISTIAN MINISTRY *Ai EVERY DREAM HAS A PRICE, INC. October 31, 2014 Sasan Rohani IRC Community Development Dept. 1801 27th Street Vero Beach, FL 32960 Dear Mr. Rohani, Please accept this letter as notification that Every Dream Has A Price has inspected two lots in the Geoffrey's Subdivision (parcel #'s 32392600010008000111.0 and 32392600010008000110.0) and found they are acceptable for our nonprofit to receive for the purposes of building affordable housing units on those lots within 3 years. As always, EDHAP would like to thank Indian River County staff and administration for working with us to ensure that people in need achieve the basic need of having a safe place to live in. We look forward to acquiring the lots in the Geoffrey's Subdivision and constructing affordable housing there to benefit those most in need throughout Indian River county. President, EHDAP, Inc. ATTA r t -WP IT 192 RESOLUTION NO. 2014 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC. TO TRANSER TWO LOTS DONATED BY INDIAN RIVER COUNTY DECLARED SURPLUS PROPERTIES WITHIN GEOFFREY SUBDIVISION TO EVERY DREAM HAS A PRICE, INC. WITH THE PROVISION OF CONSTRUCTION OF AFFORDABLE HOUSING AND TO ALLOW EVERY DREAM HAS A PRICE, INC. 3 YEARS TO BUILD ON THOSE PROPERTIES; AND TO GIVE THE ONE REMAINING A ONE YEAR EXTENSION TO HABITAT FOR HUMANITY, TO BUILD ON THE ONE REMAINING DONATED LOT WITHIN SMITH PLAZA SUBDIVISION. WHEREAS, Section 125.379, Florida Statutes, states that by July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, in 2007, county staff compiled a list of 441 county owned properties and identified the designated use for each of those properties; and WHEREAS, in 2007, county staff determined that only ten (10) properties on the list were appropriate for use as Lots for affordable housing; and WHEREAS, the county donated 3 of those properties "lots" to The Coalition for Attainable Homes, Inc., "Coalition" with the deeds for those lots recorded in Book 2385, Pages 1947-1951; Pages 1952-1956; and Pages 1957-1961; and WHEREAS, each lot's deed to the Coalition contained an exhibit "B" which requires the Coalition to build affordable housing on each lot within three years of the date of the conveyance of the lots to the Coalition; and WHEREAS, the Coalition notified the county that it is not able to utilize the three lots and wishes to return them to the county; and A1IACHM T 7 1 193 RESOLUTION NO. 2014 - WHEREAS, in December 2011 Indian River County allowed the Coalition to transfer the three lots to Indian River County Habitat for Humanity, Inc. with a three year building restriction, with deeds to properties recorded in Book 2547, page 563 attached as Appendix A; and WHEREAS, Indian River County Habitat for Humanity, Inc. recently informed the county that it wishes to return two of the lots located in Geoffrey Subdivision to the county and requested a one year extension to build on the Smith Plaza subdivision lot; and WHEREAS, Every Dream Has A Price, Inc. indicated that they are interested in obtaining the two Geoffrey Subdivision lots under the provision of using, the lots for affordable housing units. NOW THEREFORE, BE IT RESOLOVED by the Board of County Commissioners of Indian River County, Florida that: Section 1. The above recitals are ratified in their entirety. Section 2. The Board of County Commissioners hereby authorizes Indian River County Habitat for Humanity, Inc. to transfer the two properties located in Geoffrey Subdivision to Every Dream Has A Price, Inc. with the properties' restrictive covenants remaining in place, and that the three year period for construction of affordable housing units on the subject lots shall start on the date of the deed transfer. The Board of County Commissioners also hereby grant one year extension to Habitat for Humanity, Inc. to build an affordable housing unit on the Smith Plaza subdivision lot. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: 2 194 RESOLUTION NO. 2014 - Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner Peter O'Bryan Commissioner, Joseph E. Flescher Commissioner, Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 9th day of December 2014. Board of County Commissioners of Indian River County By: Wesley S. Davis, Chairman Attest by: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller APPROVED AS TO FOAND LEG FIC FIC : C B? �`• Dylan Reingold County Attorney I F•\Community Development\COUNTY OWNED LANDS \2011- Lots from CFAH to HFH\2014 Resolution for lot transfer between HFH and EDHP.doc 3 195 This Instrument prepared by: Record and return to: Timothy M. Zwerner, Esquire ROSSWAYMOORE TAYLOR & SWAN Attorneys at Law Modern One Building, Suite 200 2101 Indian River Boulevard Vero Beach, Florida 32960 Telephone: (772) 231-4440 Parcel ID Number: 32-39-26-00010-0080-00110.0 Parcel ID Number. 32-39-26-00010-0080-00111.0 Parcel ID Number: 32-39-22-00007-0090-00009.0 Appendix "A" QUIT -CLAIM DEED 2104863 THIS DOCUMENT' NAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY Yf 6 BK: 2647 PG:662, Pagel 0110612012 al 03:44 PM, D DOCTAX PO S0.70 JEFFREY K BARTON, CLERK OF COURT THIS .QUIT -CLAIM DEED is executed as of the 3181 day of December, 2011 by the COALITION FOR ATTAINABLE HOMES, INC., a Florida not-for-profit corporation, whose address is 1717 Indian River Boulevard, Suite 301, Vero Beach, Florida 32960 (hereinafter referred to as "Grantor"), in favor of the INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC., a Florida not-for-profit corporation, whose post office address is 4568 N US HWY#1, Vero Beach, Florida 32967 (hereinafter referred to as "Grantee"). WITNESSETH: That the said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby transfer, assign, and convey to the said Grantee and Grantee's heirs, legal representatives, successors, and assigns, the following described Tots, pieces, or parcels of land, to -wit: See COMPOSITE EXHIBIT "A" attached hereto and incorporated herein by reference. Pursuant to the holding in Department of Revenue v. Race, 743 S.2d 169 (Fla. 5th DCA 1999), Section 201.02(1) requires a purchaser and consideration before documentary stamp taxes are due. As there was no purchaser in connection with the transaction evidenced by this conveyance, only nominal, but sufficient consideration was exchanged between Grantor and Grantee in order to induce Grantor to execute this instrument. Accordingly, only minimal documentary stamp tax is due and payable. This instrument has been prepared solely from information provided by the parties hereto. There are no express or implied guarantees as to marketability of title, accuracy of the description, or quantity of land described, as no examination of title to the property has been conducted. The scrivener has not provided advice on the subject of taxation or the legal or non -legal consequences that may arise as a result of the conveyance, including specifically the availability or loss of title insurance coverage; further, the scrivener has not verified the accuracy of the amount of consideration stated to have been exchanged or paid in connection with the conveyance or upon which documentary stamp taxes may have been calculated. TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, legal representatives, successors, and assigns. 196 IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the day and year set forth below. Signed, sealed and delivered in the presence of: l (Name: . nn. we«.Pf ;moo\itn ss Number One I ) (Nae: Witness Number Two STATE OF FLORIDA ss: COUNTY OF INDIAN RIVER "GRANTOR" COALITION FOR ATTAINABLE HOMES, INC. a Florida not-for-profit corporation By: 4,„) T OMAS W. TIERNEY, Chair an The foregoing instrument was acknowledged before me this 31st day of December, 2011, by THOMAS W. TIERNEY, as Chairman of the COALITION FOR ATTAINABLE HOMES, INC., a Florida not-for-profit corporation, who did acknowledge before me that said person executed the foregoing instrument for the uses and purposes therein set forth. Said party is (check one) (L) personally known to me or (__.) has produced as identifica ion. [Seal] SUMMER BUWNGTON •: .* MY COMMISSION A DD 912096 `' Bonder! lthn Notary Public US: November Unndenmlets Name: c )(nr-ftL - )1l+ -{ n Notary Public, State o Florida Large. My Commission Expires: I1 t7,4312 -Di:", F:1ZwernerVIWT\Coalition for Affordable HomeslQuil-Claim Deed.doc 197 _L JJ V b -LI -II pilaf 1....11141MLLO Vd•l •tt •ae••Y41/0\49\M..u.gl 1W.ANY. i uopnYc/bW.K\M ttvgl .i1. 1•SA'.W.111••YD1/21%4. 4 ttglp /.N.aWJ\tv.W HQN\t! 0 0 0 _Jw (M/2I ,OL) 3fN3AV 082E RAN GE_ 39E_ z O 0 0 o a vi Q1toz• �OQQ 00U Liri_0Q3 w z2< a=ocoo_Q- <JQ>n azww,10F�&-azo <0w-ima_JZUoir 1-wo v)aw o O 0 0 0 ao c� 0 0 a 0O (+. 0Q='QO� m �0 O=w 0 -Z <Zum • u.°zc • xid wX''o)--y< wYdO w6(n w ZmoFiT S���� ��=mac h0W�w�=Vmw%0 � �zcvwwQ+i owz .wo Z O a 198 0 al 0 a o w N a 0 _ w N C r 0 q 9NOIS :`, w•* ` III :. L .- r 0 CO J • • J rj _-. -_---9 1 \ N 4,;,..t,., ' .i 0 0 0 _Jw (M/2I ,OL) 3fN3AV 082E RAN GE_ 39E_ z O 0 0 o a vi Q1toz• �OQQ 00U Liri_0Q3 w z2< a=ocoo_Q- <JQ>n azww,10F�&-azo <0w-ima_JZUoir 1-wo v)aw o O 0 0 0 ao c� 0 0 a 0O (+. 0Q='QO� m �0 O=w 0 -Z <Zum • u.°zc • xid wX''o)--y< wYdO w6(n w ZmoFiT S���� ��=mac h0W�w�=Vmw%0 � �zcvwwQ+i owz .wo Z O a 198 r=a (M/2I SW) -3f1N3Ad 1-116L o5ti►-w" QJ w 0 1- 0z �v�a ¢foo �~ z z NW z �1C•i° IX >OW 0 < orz.� Zoz O[rm~ U '0 0 � a Eno �3 WQ�O Z • OUO Q� g�j Qg'�pC9tzA Za�U��U 0 0�� '��..O•�O • 6 i XU°- iw po 04 - CD 0I �-E¢ z VCrco U 4. U Q UZO O �.Q rzW 0 1 Lai o ln m (nCCtZClSJ o0�OzzQe LogoN ZLD -0 • o tQlL o 'M:}zIYxSfYpexQnWYU .-�Z� aaatnQ(n22mV%� Zz °. �'Qz`n-'Ea�'Q00Lu°-a QOE �zow�1.11 A�6EQdnq o0o w 0cdo 4Ci-LAJ=Z0C.) FT. CL Z §-ZtVWWQM0.'-ct'LC2U 199 0 N..1,1 wnwwwNa rM w w.x' IW ry .aur=a gmN•r\w •gym Orwwar Jo/ wino -o$ $\«{ x **11,470 *wM070-9,44.774674 04.74.3 7.4", avMv 14 4w u� .1C.-) V LIJ o II g to 4u H 0 w 0 of z >ow o < 0a -a • oz z0.�E cnv Ed n � . o 0 1.., �ao m C9 z N0 200 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET 7/j/\ PURCHASING DIVISION DATE: December 1, 2014 TO: Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Declare Excess Equipment Surplus for Trade -In BACKGROUND: Animal Control plans to purchase two TASER units from TASER International, Inc. as replacements for two units that no longer fire, one which is currently on the asset inventory. Although the vendor does not want the old units returned, they are offering a $55 per unit credit if we destroy them prior to placing our order. RECOMMENDATION: Staff recommends that the Board of County Commissioners declare asset 24254 (purchased in July of 2007 for $1,544.25) and the second unit (non -asset) X00-204800 surplus and authorize the Animal Control Division to destroy them for a total $110 discount on the purchase of the two new TASERS. ATTACHMENTS: TASER International Quote Disposal of Excess Property Form APPROVED AGENDA ITEM: By: G) )) SO. -U(4 oeph A. aird, County Administrator Ae4y7-24/} ! 9c/> P:\Surplus\FY 15\AnimalControlTaser - 120914.doc Indian River Co App;. d Date Admin 6 /41.1h/ Legal i "•, �'� i Budget r �t i Department Risk Manager 201 TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (888) 708-8634 Jason Ogilvie (772) 567-8000 BIII To: INDIAN RIVER COUNTY ANIMAL CONTROL 4305 43RD AVENUE #102 VERO BEACH, FL 32967 US Quotation Quote: Q-20493-1 Date: 11/21/2014 6.56 AM Quote Expiration: 12/31/2014 Ship To: Jason Ogilvie INDIAN RIVER COUNTY ANIMAL CONTROL 4305 43RD AVENUE #102 VERO BEACH, FL 32967 US SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Kelsey Denzer (480) 905-2074 kdenzer@taser.com Fedex - Ground Net 30 873.85 USD 1,747 70 This quote reflects a discount for the upgrade program, based upon the number of units that you have indicated will be destroyed. The Certificate of Destruction, provided by TASER, must be completed and submitted with your signed quote/purchase order to obtain the upgrade credit. The credit is reflected as a line item discount on the quote for both the CEW handle and extended warranty Please see http.//www laser corn/upgrade for current program details. Hardware QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC (S) NET TOTAL 2 11002 HANDLE, BLACK, CLASS I11, X26P 873.85 USD 1,747 70 USD 84.00 USD 1,663 70 2 11501 HOLSTER, BLACKHAWK, RIGHT, X26P 51 75 USD 103.50 1JSD 0 On 1 !SI) 103 S0 2 11010 XPPM, BATTERY PACK, X26P 61.95 USD 123.90 USD 0.00 USD 123.90 Hardware Total: Hardware Net Price: Extended Warranties USD 1,975 10 USD 1,891 10 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC (S) NET TOTAL 2 11004 WARRANTY, 4 YEAR, X26P 269.99 USD 539.98 USD 26.00 USD 513 98 Extended Warranties Total: Extended Warranties Net Price: USD 539 98 USD 513.98 Page 1 of 2 Subtotal Estimated Shipping & Handling Cost Grand Total USD 2,405 08 USD 26.48 USD 2.431 56 202 TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP). then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON FIexTM and AXON BodyTM Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at Imp://n_vn; lager.{;,env;sah_s_tenu,_znd-eNtliiluaa. I f your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at httpl/www.,_0_,ser.comlservi.c.eagrezment 4. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at h r 'w vw tasc7Soly3iilnag'e.A nwnlIai,_ vi jencte tULtt-92Sitj- t�S?�m7tloa4�@�4._t 71]8tr.ItitlsfPtirliitlga?3orvicsty,_6 is,±i If your purchase includes Integration Services, you are also agreeing to the terms in the SOW posted at blip ,'fig„3i,t tt,v;;t<tun/lti .al_ tunti 4tui)t"L kiA You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (If needed): Oj sem:- C)j(i vie Date: Title: Please sign and ernail to Kelsey Denzer at kdenzer@taser.com or fax to (888) 708-8634 THANK YOU FOR YOUR BUSINESS! 'Protect Life' and 0 are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc. registered in the U.S © 2013 TASER International, Inc. All rights reserved. Page 2 of 2 203 Title: Certificate of intent to Destroy Department: Finance Version: 1.0 Release Date: 1/13/2014 TASER FIR In: Agency Name: Agency AX Account # Agency Contact: Agency contact email: TASER Sales Representative: Indian River County Animal Control 461032 Jason Ogilvie jogiivie{diircRov.com Kelsey Denzer Product/ Quantity to be destroyed: M26: X26. Other: Agency to Provide: Serial Number of handles to be destroyed: Note: Serial #'s needed for up to 100 handles upgraded for credit. If upgrading more than 100 handles, serial numbers are to be provided no later than 30 days from receipt of product. Serial Number Serial Number Serial Number Serial Number This is your authorization that all products listed above will be removed from service to be destroyed and rendered permanently nonfunctional. Destruction of upgraded units should be performed according to agency policy TASER is no longer responsible for any warranty or liability related to these products. TASER reserves the right to charge you back the credit amount given for each invalid serial number, for any serial number(s) not provided, or for any device not destroyed. Form completed by: lis acceptable or scan) .JPq R ry t Printed name, title Date Return the Excel file and the signed form to your sales representative or email to sales@taser.com. if you have any questions please contact TASER international at 800-978-2737. Protect Lite' and the 'Bolt within Circle logo are trademarks of TASER International, Inc., and TASER is a registered trademark of TASER International, Inc. registered in the U.S AU rights reserved. Copyright 2014, TASER International, Inc. Page 1 011 204 Title: TASER International, Inc.'s Sales Terms and Conditions - Direst Sales to End User Purchasers Department: Legal Version: 6M Release Date: 11/2212013 TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers (Effective November 22, 2013) These Sales Terms and Conditions apply to your purchase of all TASER International, Inc. ("TASER," "we," "us," or "our") products and services purchased directly from us. Products and services sold by us are expressly subject to and conditioned upon the terms and conditions set forth below. By signing a quote, issuing a purchase order, or accepting delivery of the product or service, you accept and are bound to these Sales Terms and Conditions Any different or additional terms set forth by you, whether in your purchase order or another communication, are expressly objected to and will not be binding on us Return Policies. All sales are final and no refunds or exchanges are allowed, except as provided by state or federal law and as specified below for TASER® Citizen Products Exchanges for TASER Citizen Products. The citizen model products that are unopened and still in their sealed package may be returned or exchanged within 15 days from the date of receipt of the product for a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees. Any product returned to TASER without prior authorization from us will be considered an unauthorized return, and you will not receive credit for the product and we will not ship the product back to you. Unless the product is defective or the return is a direct result of our error, we may charge a restocking fee of up to 15% of the purchase price paid, plus any applicable sales tax. To return a citizen model product, you must first go to our website, www.TASER.com and obtain a Return Material Authorization ("RMA") number before the end of the applicable return period We will not accept returns without an RMA number. See the Product Warranty, www.TASER.com, or contact us at 800.978.2737 (+1.480 905.2000 for International callers) for information on how to obtain an RMA number. You must ship the product to us within 5 days of the date that we issue the RMA number as follows. • in the original product packaging, in as -new condition, along with any media, documentation, and any other items that were included in your original shipment, • at your expense and insured (if you return the product uninsured then you accept the risk of loss or damage during shipment), • with the RMA number clearly marked on the outside of the return packaging; • with proof of purchase of the product (receipt, purchase order, or invoice); and • with your name, address, and phone number of where to send the exchange item or the product credit or refund. Upon receipt of your return, we will issue a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees. For partial returns, your credit may be less than the invoice or individual component price due to bundled or promotional pricing or any unadvertised discounts or concessions If you fail to follow the return or exchange instructions and policies provided by us, we are not responsible for product that is lost, damaged, modified, or otherwise processed for disposal or resale. Quotes. A quotation is an offer to sell, is valid only for the products and services listed on the quote at the prices listed on the quote, and is subject to these Sales Terms and Conditions, all of which are deemed incorporated into the quote. The quote from TASER contains the entire terms and conditions Page 1 of 3 205 Title: TASER International, Inc.'s Sales Terms and Conditions - Direct Sales to End User Purchasers Department: Legal Version: 6.0 Release Date: 1112212013 associated with the transaction. You may accept a quotation by signing the quote, issuing a purchase order, or other writing expressing your intention to be bound. Any terms, conditions or writing within your purchase order or other writing addressing the subject matter of the transaction, will be for your internal purposes only and the terms and conditions contained therein will have no force or effect. If you have not signed a quote from TASER, then your order is subject to cancellation by us, in our sole discretion. We are not responsible for pricing, typographical, or other errors in any offer by us and reserve the right to cancel any orders resulting from such errors. Prices. The price of the products and services are set forth in the quote specifically provided to you (if no quote was provided then the price is that set forth on our current price list or www.TASER.com) Prices do not include taxes, shipping, handling, insurance or other similar charges; any such charges will be added to the price or separately invoiced unless otherwise expressly indicated at the time of sale. Payment Terms. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice We may invoice parts of an order separately. Where no credit has been granted to you or where credit has been withdrawn (in our absolute discretion) or for international sales, payment is required in full prior to shipment. Payment must be by credit card, wire transfer, or some other prearranged payment method. If we have reasonable grounds to believe that you will fail to comply with the payment terms or with the agreed credit terms, we are entitled to postpone or to refuse delivery of an order. Taxes. Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase and ship -to location, you are responsible for sales and other taxes associated with your order Shipping; Title; Risk of Loss. We reserve the right to make partial shipments and products may ship from multiple locations. All shipments are FOB TASER's facility and title and risk of loss pass from us to you on upon delivery to the common carrier by TASER. You are responsible for all freight charges Any loss or damage that occurs during shipment is your responsibility. Shipping dates are estimates only Delivery is typically 2-6 weeks after receipt of order or payment. Excusable delays. We will use commercially reasonable efforts to deliver all products and services ordered by you as soon as reasonably practicable In the event of interruption of any delivery due to causes beyond our reasonable control, including but not limited to force majeure, fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or components, we have the right, in our sole discretion and upon oral or written notice to you, to delay or terminate the delivery Not For Resale or Export. Shipping of some our products out of the United States is restricted by U.S. federal law and neither the product nor its technology can be exported out of the U.S. without a validated export license issued by the U.S Department of Commerce and a signed BIS -711 on file with us. Regulations and Restrictions. You agree to comply with all applicable laws, codes and license requirements, and controls of the United States and other applicable jurisdictions in connection with the use of TASER products and services including your acceptance of responsibility for the payment of any relevant taxes or duties. Please go to our website (www.TASER.com) or contact our Customer Service Department for a list of known regulations and restrictions regarding the sale, possession, and use of Page 2 of 3 206 Title: TASER International, Inc.'s Sales Terms and Conditions - Direct Sales to End User Purchasers Department: Legal Version: 6.0 Release Date: 11/2212013 TASER CEW products You are responsible for understanding and verifying all local laws, regulations, and restrictions. Warranty Coverage. Our current warranty provisions, warranty exclusions, release, and any limitations of liability located at www.TASER.com are also applicable to your purchase. Product Warnings. See our website at www.TASER.com for the most current product warnings. Proprietary Information. You agree that we have and claim various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute our products and services, and that you will not directly or indirectly cause any proprietary rights to be violated. Design Changes. We reserve the right to make changes in design of any of our products and services without incurring any obligation to notify you or to make the same change to products and services previously purchased. Severable Provisions. If any provision of these Sales Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder will have their full force and effect and the invalid provision will be modified or partially enforced by the court to the maximum extent permitted by law to effectuate the purpose of this agreement. No Assignment. You may not assign this agreement nor any related order and you may not delegate your duties under this agreement without our prior written consent which will not be unreasonably withheld We may assign this agreement without your consent. Entire Agreement. These Sales Terms and Conditions, along with the quote, sales order acknowledgement, and the applicable product warranty, license and service agreement(s), constitute the entire agreement between the parties. These Sales Terms and Conditions supersede and replace any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this agreement. Any prior or extrinsic representations or agreements, with the exception of the product warranty, any service and license agreement(s), are intended to be discharged or nullified. Governing Law. The laws of the State of Arizona, U.S.A. govern this transaction and agreement, without regard to conflicts of law 'Protect Life' and ® are trademarks of TASER International, Inc., and TASER is a registered trademark of TASER International, Inc., registered in the U.S All rights reserved. © 2013 TASER International, Inc. TAS i>=1=1 Page 3 of 3 207 IN WITNESS WHEREOF, the undersigned have approved and executed this Purchase. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Wesley S. Davis, Chairman BCC Approved. Approved: By Jo ph A.:.ird C• ty Administrator i Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. JeBraal Deputy County Attorney 208 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM TO: Raeanne Cone, Fixed Assets Management DATE: 11/25/2014 SUBJECT: Disposal of Excess Property FROM: Jason Ogilvie, A imal Control Manager 7• ` Check One: Surplus ,� Transfer Trade- .�, . Non -Capital Lost/Stolen Asset Number: 24254 a -'d /A Fleet Number: Asset Description: (2) x26 tasers (taser# X00-204800 is not on the asset list) Serial Number: X00-204800 AND X00-204788 Do you have possession of the asset? Yes If Lost/Missing has a police report been filed? Yes No X No If Yes, Please attach a copy of the police report. If No, state reason: Is the item functional? Yes No X Descripition of problems with item: BROKEN WILL NOT FIRE OR FIRE IRRATICALLY, OBSOLETE UNITS, NO WARRANTY Reason why item is excess: Does OMB need to review the transfer? Department transferred to: Yes No (maintenance impact) Contact Person: Jason Ogilvie Telephone Number: 226-3487 (The above contact information will aid Purchasing and Facilities Management in the process of equipment removal from departments) If asset will be replaced, please answer the following: Requisition or Purchase Orc��r,Npmber for replacement: Date Replacement Received Approval Approval Approval Approval OMB Superv`$r/De'pt 1' onnel Director / Assistant Director Controller Other Manag Approved for: Disposition Recorded: Additional Comments: lus Transfer Trade -In �,� Replacement Date' ///y2 / Date Date Date Date Fixed Assets Department Date It is the disposing department's responsibility to keep the item until Facilities Management can pick it up. DO NOT REMOVE PROPERTY FROM YOUR LOCATION WITHOUT PROPER AUTHORIZATION FOR DISPOSAL This form to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of. All other forms for transfer/disposal of property now obsolete. Revised: January 2010 209 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services CONSENT AGENDA To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: December 2, 2014 Subject: Change Order 1- Weller Pools LLC Comprehensive Repairs to North County Aquatic Centers DESCRIPTION AND CONDITIONS: On September 23, 2014, the Board of County Commissioners approved an agreement with Weller Pools LLC for repair work on the competition pool at the North County Aquatic Center. The contractor has been on site performing the work per agreement. Once the work began, it was discovered that the caulking in the deck joints is deteriorating. If this issue is not rectified, it could lead to the erosion of the backfill around the pool. Staff recommends approving the Change Order 1 authorizing the contractor to remove the old caulk and insert the new caulking while the pool is empty and the contractor is mobilized. FUNDING: The agreement for completion of original scope of work was for $87,561.00. With approval and the completion of this additional work will bring the total for all repairs to $95 436. Account Description Account Number Budget Amount M.S.T.U. Fund/North County Aquatic Center/Maintenance - Other Structures 00410472-034660 $ 7,875.00 RECOMMENDATION: Staff respectfully requests that the Board approve the Change Order 1 with Weller Pools LLC; approve corresponding budget amendment in the amount of $7,875.00; and, authorize its Chairman to sign the Change Order 1. ATTACHMENTS: Change Order 1, Weller Pools LLC Approved Agenda Item BY: FOR: Joseph A. Baird County Administrator December 9, 2014 Indian River Co. Approved Date Administration in ;WA /ri County Attorney i /4 ,; 17-1- 1'1 Budget X2114 Department j / if Risk Management F:\Assistant County Administrator\AGENDA ITEMS\2014\BCC 12 DEC 2014\BCC Memo - Change Order 1 - Weller Pools LLC.doc 210 Weller Pools LLC - Change Order 1 Form CONSENT AGENDA No. 1 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Weller Pools LLC Project: NCRP Pool Remedial Work OWNER's Project No. You are directed to make the following changes in the Contract Documents: Description: Remove and reinstall caulking at pool deck joints (approx. 700 LF) Reason for Change Order: Failure of caulking Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $87,561 Dec 22, 2014 Net Increase (Decrease) from previous Change Orders No. to . $0 Substantial Completion: Final Completion: Contract Price prior to this Change Order: $87,561 Dec 22, 2014 Net increase of this Change Order: $7875 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: Contract Price with all approved Change Orders: $95,436 ACCEPTED: Weller Pools LLC By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) Dec 15, 2014 Dec 22, 2014 Net change from previous Change Orders No. to: (days) 0 0 Substantial Completion: Final Completion: Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) Dec 15, 2014 Dec 22, 2014 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) 0 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) Dec 15, 2014 Dec 22, 2014 RECOMMENDED: By: ENGINEER (Signature) Date: Change ORder - 1 APPROVED: By: OWNER (Signature) Date: 211 CONSENT: 12/9/14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Attorney C) THROUGH: Vincent M. Burke — Utility Services Director DATE: December 1, 2014 SUBJECT: Approval of Sovereign Immunity Language in Easement and Bill of Sale of Utility Facilities from the School Board of Indian River County to Indian River County with respect to the Treasure Coast Elementary School Classroom Addition A classroom addition to Treasure Coast Elementary School has been completed by the School Board of Indian River County ("School Board"), and as a requirement under the utilities construction permit, the School Board is conveying an easement to Indian River County for utility purposes as well as a bill of sale for the water and fire line improvements. Additionally, security in the amount of 25% of the total cost of the utility improvements is being posted with Indian River County for a 1 -year period to warranty the improvements from defective materials or workmanship. The standard documentation was prepared and sent to the School Board for placing on its regular agenda for approval, however its attorney has requested that with regard to the easement, both the School Board and Indian River County agree to indemnify, defend and hold harmless each other to the extent permitted by law and without waiving the limits of sovereign immunity as specified in section 768.28, Florida Statutes. The County Attorney has no issue with this additional language. Approved for December 9, 2014 BCC Meeting Consent Agenda 1 212 Indian River Co. Ap . oved Date Admin. (M. P-Ai//1/ Co. Atty. 01 41 lu Budget 4' d :. /4 Department U% - I . ; I --- Risk Mgmt 212 FUNDING: There is a $53.20 cost associated with this item for the recordation of the Easement and BHI of Sale of Utility Facilities in the public records, however this cost will be borne by the School Board. RECOMMENDATION: The County Attorney recommends that the Board of County Commissioners approve the attached Easement and Bill of Sale of Utility Facilities with the added unilateral indemnification with regard to sovereign immunity, and authorize the Chairman of the Board of County Commissioners to execute same. Additionally, should the School Board, at its meeting to approve this document, desire any change as to form which would not substantively change the document, the County Attorney recommends that the Board of County Commissioners authorize any such change so long as it is approved by the County Attorney. /nhm Attachments: Easement and Bill of Sale of Utility Facilities 2 Treasure Coast Elementary School Classroom Addition UCP #3187 EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, that: THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, whose mailing address is 1990 25th Street, Vero Beach, FL 32960, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, a perpetual easement for UTILITY PURPOSES over, across, and beneath the following described land, situate, in Indian River County, Florida, for the purpose of installing, replacing, repairing, and maintaining the hereinafter described utilities, and further sells, assigns or conveys title to all utility facilities now installed by or on behalf of GRANTOR, to -wit: EXHIBITS "A" AND "B"ATTACHED HERETO AND MADE A PART HEREOF (Description of Utility Facilities and Real Property) And GRANTOR hereby warrants to the GRANTEE that it is lawfully seized of free and unencumbered title to the above-described real estate and facilities conveyed hereby; that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the granting and sale of said property and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE (December 9, 2014 to December 9, 2015), due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. 1 214 The parties hereto, to the extent permitted by law and without waiving the limits of sovereign immunity as set forth in section 768.28, Florida Statutes, agree to indemnify, defend and hold harmless each other and their respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including but not by way of limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property, caused by the negligence of the indemnifying party in connection With this easement. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal this day of , 2014. STATE OF FLORIDA COUNTY OF INDIAN RIVER THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA GRANTOR By Matthew McCain, Chairman Attest: Frances J. Adams, Ed.D. Superintendent of Schools and Secretary to The School Board of Indian River County, Florida The foregoing instrument was sworn to and subscribed before me this day of , 2014, by Matthew McCain, Chairman of The School Board of Indian River County, Florida, on behalf of same. He is either personally known to me or produced as identification. My Commission Expires: 2 printed name: Commission # Notary Public SEAL: 215 INDIAN RIVER COUNTY, a political Subdivision of the State of Florida GRANTEE By: Wesley S. Davis, Chairman BCC approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of , 2014, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida. He is personally known to me. My Commission Expires: Approved as to form sufficiency: By: Dylan Reingold, County Attorney Attachment: EXHIBIT "A" — description of utility facilities EXHIBIT 'B' - legal description and sketch of easement 3 printed name: Commission # Notary Public SEAL. 216 PJMHBV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES cmbveng.com CA #3728 Exhibit A UCP #3187 Project Name: Treasure Coast Elementary - School Building Addition Engineer's Cost Estimate for Utilities - Water and Fire Line Improvements Prepared: March 12, 2014 ITEM I QUANTITY 1 UNIT 1 UNIT PRICE 1 TOTAL A. Water Improvements 1.6" x 6" Tapping Sleeve, Valve, Fittings 1 LS - $1,350.00 $1,350.00 2. 6" PVC Water line 423 LF $5.41 $2,288.43 3.4" GV 2 EA $550.00 $1,100.00 4. 6" GV • 1 LF $640.00 $640.00 5. Fire Hydrant 1 LS $2,056.70 $2,056.70 6.5/8" Water Service to Fountain 1 LS $155.00 $155.00 7.2 1/2" Potable Service 1 LS . $4,250.00 $4,250.00 8. Misc. Fittings 1 LS $895.00 $895.00 9. Temp. Jumper 1 EA $785.00 $785.00 10. Bac T & Sample Points 2 EA $75.00 $150.00 Water Subtotal $13,670.13 M. mw TOTALI $13,670.13 3 OVER 6,/5-114 1RCDU5 '��lillloN lll!!lN�te FL P.E. #55313 Date 1835 20th Street Vero Beach, FL 32960 772.569.0035 Fax: 772.778.3617 1250 W. Eau Gallie Blvd., Suite L Melbourne, FL 39235 321.253.1510 Fax: 321.253.0911 806 Delaware Avenue Ft Pierce, FL 34950 772.468.9055 Fax: 772,778.3617 217 SKETCH 8DESCRIPTION SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST WATERLINE EASEMENT SHEET 1 OF � � NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 A 10J00 FOOT WIDE EASEMENT LYING IN OF THE NORTHWEST 1/4 35. TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A CONCRETE MONUMENT AT THE NORTHWEST CORNER OF SAID SECTION 35 RUN S 09'52'33°E ALONG THE NORTH UNE OF SECTION 35 A DISTANCE OF 275.00 TO THE EAST RIGHT OF WAY UNE OF SEBASTIAN RIVER DRAINAGE DISTRICT CANAL LATERAL ^D"; THENCE 3O0'10'57~[ ALONG SAID CANAL RIGHT OF WAY UNE A DISTANCE OF 287.81 FEET; THENCE N89^49^03~E A DISTANCE OF 358.01 FEET TO THE POINT OF BEGINNING OF THE CENTERUNE OF A 10.00 FOOT WIDE EASEMENT, SAID EASEMENT BEING 5'00 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE SO1`19'17iN, 75.14 FEET; THENCE S45`08'34"N, 101.00 FEET; THENCE S44^36'39^E, 16.38 FEET; THENCE RETURN N44^38'3911,, 16'30 FEET; THENCE S4508'347N. 19'93 FEET; THENCE 344'38'30^E^ 16.30 FEET; THENCE RETURN N44'36"38"N. 16.30 FEET; THENCE S45`09'34"W, 15.29 FEET; THENCE S44^38'39^[, 16.24 FEET; THENCE RETURN N44^38'39"W. 16.24 FEET; THENCE S45'09^34"N. 213.91 FEET; THENCE S44'50'26"EA DISTANCE OF 8.41 FEET TO THE POINT OF TERMINUS. CONTAINS 0'11 ACRES MORE OR LESS. SURVEYORS NOTES: ''-'--` 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE WEST UNE OF THE NW 1/4SECTION 35-31-30 BEARS SOOlO.57~E ''`' — � . r . �`.� ./ -� PROFESSIONAL SURVEYOR AND MAPPER IN RESP,QN -IBLE CHARGE STEVE CARTECHINE FLORIDA CERTInCATE , NO. 4895 CERTIFICATE OF AUTHORIZATiGN. 7545 Th/4/14- DA OF SIGNATURE NO T VALID VALD UNLESS SIGNED AND SEALED PREPARED FOR: SCHOOL DISTRICT OF INDIAN RIVER COUNTY PREPARED BY: INDIAN RIVER SURVEY, INC. ADDRESS: 1835 20TH STREET, MUM B[ACH, FLORIDA 32980 PHONE: (772) 569-7080 DRAWN BY: SPC CHECKED BY: REVISIONS: DRAWING NO 13-10-60e 3: 00pmView: DESC 7-7 1218 SKETCH & DESCRIPTION SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST WATERLINE EASEMENT WEST LINE OF THE NW 1/4 OF SECTION 35-31-38 POINT OF COMMENCEMENT NW CORNER SECTION 35-31-38 (CONCRETE MONUMENT) 275.00' S89 52 33 E 275.00' S45'09'34 "W 213.91' S44'50'26NE 8.41' 3N17 ,(VM 30 114018 1 SV3 SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 NORTH LINE OF THE NW 1/4 OF SEC770N 35-31-38 WABASSO ROAD - COUNTY ROAD 510 100' RIGHT OF WAY N89 49'03 E 358.01' POINT OF BEGINNING CENTERLINE 10' WIDE WATERLINE EASEMENT Scale: 1" = 50' THIS IS NOT A SURVEY 545'09'34 "W 101.00' S45'09'34 "W 19.93' S45'09'34 "W 15.29' 10.00' 5.00' ° 0'.‘:°°6\ ��� Pel c\'‘ct, POINT OF TERM/NUS CENTERLINE OF 10' WIDE WATERLINE EASEMENT S44'36'39 "E 16.38' S44'36'39 "E 16.30' S44'36'39 "E 16.24' 50179'17"W 75.14' PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING DRAWING NO.:13-149—DESC2 3:: OOpm View: SKETCH Public Notice (Informational INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES /r 7 L_ .w.,. Date: December 2, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Auj Subject: Notice of Scheduled Public Hearing to Consider a Potential Project for a Community Development Block Grant (CDBG) DESCRIPTIONS AND CONDITIONS: On December 2nd, 2014, the Board of County Commissioners (BCC), authorized staff to advertise for a Public Hearing for potential projects to be presented to the BCC for discussion on whether to apply to the Florida Department of Economic Opportunity (FDEO) for one or more Small Cities Community Development Block Grants (CDBG) for Seven Hundred Fifty Thousand Dollars ($750,000.00) or more. [Legislative] To provide citizens an opportunity to comment on the potential projects, a public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on December 16th, 2014. RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED FOR AGENDA: By: Josep A. Baird, County Administrator For{!/4gM-I'A 9 4?())/ Date Indian River Co. Approved Date Administration i ` laly/i9 Legal t! 9L4D t1-3 `l Budget / i i Utilities `; f- l,1 Utilities -Finance r 3114 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso Community Sewer System Phase 2 - UCP# 4103\Admin\BCC Items\Agenda Public Hearing Notice 12-02-14.doc 220 PUBLIC NOTICE ITEMS: 12/9/14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney Wilham K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney M `FJc> DATE: December 2, 2014 RE: Public Notice of Florida Governmental Conflict Resolution Process Mediation Scheduled for December 17, 2014 Representatives from the Town of Indian River Shores, the City of Vero Beach and Indian River County will attend a mediation pursuant to Chapter 164, Florida Statutes regarding the reasonableness of the City of Vero Beach electric rates, the claim that the City of Vero Beach has not complied with the referendum requirements set forth in Section 366.04(7), Florida Statutes and the removal of the City of Vero Beach's electric facilities upon expiration of the City of Vero Beach's franchise agreements. The mediation will be held on Wednesday, December 17, 2014, at 9:30 a.m. in the Community Center located at 2266 14th Avenue, Vero Beach, Florida 32960. All interested, parties may attend said mediation. In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City of Vero Beach ADA Coordinator at 772-978-4920, at least 48 hours in advance of the mediation, excluding Saturday and Sunday. /nhm Approved for December 9, 2014 BCC Meeting Public Notice Items OUNTY ATTORNEY 221 Indian River Co. Appro d Date Admin. /�_ jf�j�': Co. Atty. / I �-I i t Budget ' i�j%I4 Department -- - I Risk Management 221 llA Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: December 3, 2014 SUBJECT: Update on Joint Meeting Regarding All Aboard Florida Update on the proposed joint meeting of the Boards of County Commission for Indian River County, Saint Lucie County, and Martin County to discuss collaboration on addressing the impacts of the All Aboard Florida rail expansion project. Proposed Meeting Date: January 13, 2015, 2:00 p.m., St. Lucie County Fenn Center, 2000 Virginia Avenue, Fort Pierce, Florida. APPROVED AGENDA ITEM B/Q,Q1 . �� z ' " " : December 9 ► , 2014 Indian River Co Approved Date Administrator 1t /c9/3 /y Legal .0 R 1? t1 222 t Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: December 3, 2014 SUBJECT: Discussion on Cancelling February 3, 2015 Meeting Due to the re -scheduling of the Public Service Commission Hearing to February 3, 2015, staff requests the Board discuss cancelling the Commission meeting scheduled for February 3, 2015. APPOVED AGENDA ITEM BY: F 6.0 December 9, 2014 Indian River Co Ap . roved Date Administrator:, -.'-/c� Legal /' w3 — l 1 1 I 223 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL MATTERS TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Ctovt... Christopher J. Kafer, Jr., P.E., County Engineer AWARD OF BID NO. 2014052 Indian River County Intergenerational Recreation Facility at South County Regional Park, Phase 1 IRC Project No. 1135 DATE: November 25, 2014 DESCRIPTION AND CONDITIONS On September 24, 2014, an advertisement for Bid No. 2014052 was posted in the Indian River Press Journal newspaper and on Demandstar, a nationwide, internet-based, government bid site. The bid was for construction of the proposed Intergenerational Recreation Facility at South County Regional Park. Eight (8) firms submitted bids, but two (2) were considered non-responsive. The remaining six (6) firms and the bid amounts are listed below: Kast Construction Company, LLC EMR, Inc. Paul Jacquin & Sons, Inc. The Morganti Group, Inc. Collage Design & Construction Group W & J Construction Corporation West Palm Beach, Florida Niceville, Florida Fort Pierce, Florida West Palm Beach, Florida Lake Mary, Florida Rockledge, Florida $10,676,278.03 $11,210,195.10 $11,249,945.03 $11,273,000.20 $11,700,000.00 $11,738,424.11 References for the lowest, responsive bidder, Kast Construction Company, LLC and their sub -contractors were checked and found to be satisfactory. FUNDING Funding for this project in the amount of $6,353,691 is included in the current Capital Improvements Program from Optional Sales Tax ($3,926,378) and Parks & Recreation Impact Fees ($2,427,313). Additional funding for this project is available from a combination of Optional Sales Tax ($3.6 million), Parks Recreation Impact Fees ($800,000) and the Tree Fine Fund ($100,000). It should be noted that the Parks & Recreation Impact Fees will require an interfund loan with a payback period of four years beginning in FY 2015/16. The .planned repayment is for $200,000 .per year through fiscal year 2018/19. This portion of the project will be funded from future anticipated impact fee revenues as all current Parks & Recreation Impact Fees have been encumbered for this project or committed to the Shooting Range expansion project scheduled for this year. F•\Public Works\ENGINEERING DIVISION PROJECTS \1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\BCC Agenda Award of Bid 12-9-2014.doc 224 PAGE TWO Christopher J. Kafer, Jr., P.E., County Engineer December 9, 2014 Agenda Item The Intergenerational Recreation Facility, originally programmed for 25,000 to 30,000 square feet, grew in size and scope as the architect and project team evaluated the various users and activities associated with the new building. In addition to space / structural modifications to accommodate multiple activities for a variety of age groups, the surrounding grounds were re -shaped to include a patio area and event lawn. Stormwater and drainage facilities were also designed to improve drainage from the four lacrosse fields to the north. Altogether, the final construction plans call for 37,753 square feet of building space and 209 parking spaces in Phase I on the 13 % acre site. There is room for an additional 26,120 square feet of building space for Phase 2 should the County decide to expand at a later date. Under the County's code, all funds collected from public impact fees shall be used for the purpose of capital improvements to public facilities under the jurisdiction of the County and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the County. RECOMMENDATION Staff recommends awarding the contract to Kast Construction Company, LLC for the construction of the Intergenerational Recreation Facility at South County Regional Park, for a bid amount of $10,676,278.03 and requests the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Kast Construction Company, LLC APPROVED AGENDA ITEM FOR December 9, 2014 /'� BY ..M l . .j Indian River County Appr• Date Administration ,•� 1,;1- /.2/ Budget ``'' rr� 1 3 q Legal j tA. ! 1• I4.. 1 IL Purchasing is � 173 Recreation . .... - 1/`3�� Public Works s �J /? (/ /2 ! ?� 7 Engineering /,/j/iq F•\Public Works\ENGINEERING DIVISION PROJECTS \1135-S County Park lntergeneratiional Rec Facility\Admim\agenda items\BCC Agenda Award of Bid 12-9-2014.doc 225 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK 2 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 - THE PROJECT - ENGINEER - CONTRACT TIMES - CONTRACT PRICE ARTICLE 6- PAYMENT PROCEDURES ARTICLE 7 ARTICLE 8 ARTICLE 9 2 2 2 3 3 - INDEMNIFICATION 5 - CONTRACTOR'S 42ESESiltATIONS 5 - CONTRkC1D�CUMENTs 6 i•-,MISCEItANUS 7 JTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY1 Sample Agreement 00520 - 1 F• \Public Works1ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec FacilitykAdmimkagenda items\ Sample Agreement.doc 226 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the.:: Contract Documents. The Work is generally described as follows: Construction of a 46,000 SF (±) Intergenerational Recreation; Facility at Soutffgounty Regional Park to accommodate indoor community exhibits ar,d aevents;, sports activities, activities for senior citizens, a multi-purpose gymnasium .;;and various offic`e.: and ,,meeting rooms. The building includes tilt -up wall construction ,and standings xseam 'roof construction. Site work includes asphalt parking areas and drives, .;:drainage ,,i provements irScluding retention pond, water and sewer improvements, landscaping an"dsirrigatin. ARTICLE 2 - THE PROJECT 2.01 The Project for whichrt part is generally descr ork underthe'Contract` Documents may be the whole or only a s follows: ProjectName: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUNfl EGIONAL PARK Countyx`ProjettNumber' 0;35 Bid Nui tier: 2044952. -Project Address:'"1591Y9th'Street SW (Oslo Road), Vero Beach, Florida 32962 ARTIC'L'E 3 — ENGINEER' 3.01 "Tafel"; an Rive.;.County Public Works Department is hereinafter called the ENGINEER andwill act as 9NNER's representative, assume all duties and responsibilities, and have the rights and, hority assigned to ENGINEER in the Contract Documents in connection with theoixjpletion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 330th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Sample Agreement 00520 - 2 F•\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Sample Agreement.doc 227 Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 360th day after the date when the Contract Times commence to run. ************************************************************************************************************ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and diffct.ilties involved in proving in a legal proceeding the actual loss suffered by OWNER if=tt *Work isnof completed on time. Accordingly, instead of requiring any such proof, OVNER.}and CONTRACTOR agree that as liquidated damages for delay (but not as a penatty),3CONTRACTQ:R shall �:.�„ r pay OWNER $3,770.00 for each calendar day that expires after' the timespecified in paragraph 4.02 for Substantial Completion until they Work is substantialy,,com'plete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail516`complete the remaining Work within the Contract TimeorL any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWt4ER $3:7470.00 for each calendar day that expires after the time specified in paragraph 02- for coniptetion afldPreadirfess for final payment until the Work is completed and readyfor final aY<ent. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR-, forrcompleton of the Work in accordance with the Contract Documents;,_.;an,i. amount in,curr�e,rn_t funds equal to the sum of the amounts determined pursuant togparagraph 5.01A andtsummarized in paragraph 5.01.B, below: A. For all Work :at the prices stated iri CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRA'TY; Numerical Apo Written Amouni :,subject toadditions and deductions provided in the Contract:: ARTICLE 6 - PAY MEN'PROCEDU RES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent Sample Agreement 00520 - 3 F 'Public Works\ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec FacilityAAdmimlagenda items\Sample Agreement doc 228 (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application fqr payment shall Contain the CONTRACTOR'S certification. All progress payments will.. be on thi basis of .�,xy rS progress of the work measured by the schedule of values establis;,�ed, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, afofmNpudotb4oSf6tutes section may: 218.735(8)(d), the CONTRACT,O submitflapay request to the County as OWNER for up to one half (1/20f the retainage h`eld.byytt e•County as OWNER, and the County as OWNER'shail, promptly snake payment to the CONTRACTOR unless such amounts are4�the °'subject, of a good faith` dispute; the subject of a claim pursuant to Florida: S`tatutess,ctron 255.05(2005); or otherwise the subject of a claim or demand bythe;Coun as* OWNER or the CONTRACTOR. The etges:t� CONTRACTOR acknowlhat wher,,such retainage is attributable to the labor, services, or:.materials suppliedl•..by one°or more subcontractors or suppliers, the Contractorrr hall, timely}_;; remitF.payment of such retainage to those subcontractors -4;94'.':44.9044. Pursuant to Florida Statutes section 218.73.5(8)(c)(2005),,CONTR,TOR further acknowledges and agrees that: 1) the ''" made than CONT withheld retail`age until the final pay request. rA' C;' 6.04f}Paragrapfls6025 ant1;6.03 do not apply to construction services work purchased by the County; 4asa9 t 'R w11ioh ai paid for, in whole or in part, with federal funds and are subject to federal rantor laws ar lregulations or requirements that are contrary to any provision of the Local Government Propt Payment Act. In such event, payment and retainage provisions shall be governed,py the a0sp icable grant requirements and guidelines. as “i;e0- OWNBfk§hall ,deceive immediate written notice of all decisions CTOF2-:to withhold retainage on any subcontractor at greater after fifty percent (50%) completion; and 2) .r seek release from the County as OWNER of the 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. Sample Agreement 00520 - 4 F•\Public Works ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec Facility\Admimlagenda items\Sample Agreement.doc 229 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with 'a, 76 satisfied 4464o the general, local, and Site conditions that may affect cost progress, andLperforma'nCe of the Work. C. CONTRACTOR is familiar with and is satisfied as, to aft federal, state;; and local Laws and Regulations that mayaffect cost,prow! dri `i' p g essnandpefformance, of the..yl/ti'�k. D. CONTRACTOR: . T... ;;;,<l has carefully studied;,.all: (1.).`;reports of=�=;explorations and tests of subsurface conditions at or contiguous't the Site and all drawings of physical conditions in or relating to existing surfaceort{subsuila3ce structures at or contiguous to the Site (except Underground Facilities)` hi h have.:n„been identified in the Supplementary Conditions as provided in paragraph 4 Q2,of the: General Conditions and (2) reports and drawings of a Haza x1:06.,,Environri entaFCondition if any, at the Site which have been identified in the Supplefnentary Conditions''a''provided in paragraph 4.06 of the General Conditions. E. CONTRACT,,,, ha obtained*) carefully studied (or assumes responsibility for having done so) all dditional o ,suppler, entary examinations, investigations, explorations, tests, studies, and da a concctt ,ingrconditibns (surface, subsurface, and Underground Facilities) at,or:�,contiguousftq the Site w `ch may affect cost, progress, or performance of the Work iah relatetoay aspect of the means, methods, techniques, sequences, and rocedures of con6tuction to be employed by CONTRACTOR, including applying the speciftyfinek0,-rra,rnetI s, techniques, sequences, and procedures of construction, if any, sty'f equ�red by:he Contract Documents to be employed by CONTRACTOR, and sfifety precaution and programs incident thereto F. CONTRA TdR' does not consider that any further examinations, investigations, exploration -6'; tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Sample Agreement 00520 - 5 F'1Public Works\ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec Facility.Admim\agenda items\Sample Agreement.doc 230 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 09610-3, inclusive); 4. Sample Certificate of Liability Insurance;Vt p,00629A); 5. Contractor's Application for Paym.91,:(pages 09622-1 to 00622-6 6. General Conditions (pages 00700 -1* -070945, inclusive), 7. Supplementary Conditions (lk0:g1,00 800I't0 )800-11, inclusive); 8. Specifications as listedin Division 1(General Requirements) and Division 2 -Technical Provisions (Site) aisitalNision 3 - techniallprovisions (Structures); 9. Drawings consisting --'*;CiiVralf,4eet and sheets numbered L1.01.01 through L1.01.084g1t00.p1 through Z1.08.93 A0.00.00 through A1.13.02, M1.00.00 through M1.05.02;14,EIVi00,throuB0E1.07.01, FP1.00.00 through FP1.04.01, P1.00.00 through P05.03, -*0000 through C12, with each sheet bearing the following gprteral titletAND:IM 'RIVER COUNTY INTERGENERATIONAL RECREATION tEATER; 10 Adlepygemnbe(s to , inclusive); ppendices *this Agreement (enumerated as follows): A*99.cli Permits Appendix B — Fertilizer Ordinance Appendix C — Subsurface Investigations 12. CONTRACTOR'S BID (pages 00310-1 to 00310-10, inclusive) 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 00520 - 6 PAPublic Works\ ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec Facility \Admim \agenda items\Sample Agreement.doc Sample Agreement 231 15.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 16.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work (page :00632-1 to 00632-2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have, the' -'meanings indicated in the!General Conditions. 10.02 Assignment of Contract A. No assignment by a party heretofofs any 'n under or interests in the Contract will be binding on another party hereto without the :written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be,assigned rvitto-tF such consent (except to the extent that the effect of this restriction may> ,be limited by>j law), and unless specifically stated to the contrary in any written consent to:an- assignment, no assignment will release or discharge the assignor from anyduty*or res `onsibitty under the Contract Documents. 10.03 Successors an A. OWNER and CONTRACTOReach binds itself, its partners, successors, assigns, and aIegaltepresentatiesto the other party hereto, its partners, successors, assigns, and legal 'of �s t<:. epresentatives in `t espect to all covenants, agreements, and obligations contained in the Contract<, - 10.04 Severability A. Any of* or%;or part of the Contract Documents held to be void or unenforceable under any Law ''or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Sample Agreement 00520 - 7 F\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items Sample Agreement.doc 232 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost thOdoes not exceed the cost provided in chapter 119 or as otherwise provided bylaw (3) Ensure that public records that are exempt or confidotgial and exempt from public records disclosure requirements are not disclosed exCiWps authorized by law. a.* :,:,-,,i:,,,. AP,.. (4) Meet all requirements for retaining public .records and transfer, at no.,40).st, to the County all public records in possession of Op Contractor uriOticrdib'fion of the Agreement and destroy any duplicate ''0,:(),Olic records thaf,-*‘- exempt or confidential and exempt from publigglfgpwls.'009Iosure requirements . All records stored electronically must be pr,9004t116‘fjp, County in a fop* that is compatible with the information technologyOtems ofittip CouriP B. Failure of the Contractor to corn,* withftOpe,:rkqirements shall be a material breach of ''..14,, •%4K this Agreement. . _. remainder of this page was left blank intentionally] j4f .0't-:••• • o ••• Sample Agreement 00520 - 8 F'\Public Works\ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec FacilitylAdmim1agenda items\ Sample Agreement.doc 233 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman bntractor) By: (CORPORAT ' SEAL) Joseph A. Baird, County Administrator e APPROVED AS TO FORM AND LE SUFFICIENCY: By: x. Dylan Reingold, County Attorney .-Address for giving notices: Jeffrey R. Smith, Clerk of Cob itFarid Comptroller Attest: Deputy CIeI SEAL "° ( ) ��., Agent for service of process: iY,• Designated' Representative:: Name Christopher J. Kafer;;LJr. P.E. Designated Representative: Title:'C:ounty Engin'eerr; Name: Title: License No. (Where applicable) 1801 7th�SttL. Vero Beach; Florida 32960 h (772) 226-1221 Facsimile: (772);;778 9391 Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OFSECTION ** Sample Agreement 00520 - 9 F\Public Works\ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Sample Agreement.doc 234